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Text of Senator Legarda’s vote and explanation

TEXT of Senator Loren Legarda’s vote and explanation.

By verafiles

May 29, 2012

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MISTER President, sambayanang Pilipino:

Hindi po madaling humusga ng kapwa lalo na kapag ang nasasakdal ay ang punong mahistrado. Mahirap pong humusga sapagkatl tayo ay tao lamang. Ngunit ito po ay sagradong tungkulin na ating dapat gawin. It is a sacred mandate I must keep and I do it in all honesty and sincerity without anything in exchange, without bending to any perceived pressure but what one of extensive study, contemplation and prayer.

Mr. President, while we ponder on the three articles of impeachment, the most robust documentary and testimonial evidence and debate have centered around article 2. I therefore select Article 2 as the anchor of my verdict.

Because I hold that public and truthful disclosure of assets liabilities and networth by a public official is a key and fundamental element of governing through the norms of transparency and accountability and a centrepiece principle of democracy.

Disclosure of SALN is the only window by which the public can judge whether we, whether or not we have undeservedly enriched ourselves in public office. Though it, we as public officials earn public trust. Public trust is not simply an administrative entitlement by those in government.

Mr. President, I am disappointed that concessions of disclosure of SALN and the waiver of bank secrecy have only been belatedly and calculatedly done. When these have been rendered moot by the practical turn of events.

I also believe that interpretations in the wordings of the law should not obscure the charge of betrayal of public trust, supported by evidence. For public trust is earned through transparent, often voluntary gestures of honesty by officials in question and not solely by legal argumentation no matter how sophisticated.

In casting my vote Mr president, my chief concern is the credibility and trust of our people in the most important institution of our land whose mandate is to interpret the law and render wise and fair judgment equally to all.

Sa dinarami rami po ng mga argumentong legal, ebidensya at pati na rin po ng napakaraming powerpoint presentations na inilatag ng prosekusyon at ng depensa sa paglilitis na ito ng isang kaso na hinatulan ng korte suprema noong1997 ang tumawag sa aking pansin.

Ito po yung kaso ng isang kawani ng hudikatura,isang interpreter sa regional trial court na siyang tinanggal sa serbisyo dahilan sa hindi nya naideklara ang kanyang negosyo sa palengke sa kanyang SALN.

Ginoong pangulo, kung ang ating mga batas gaya ng Republic Act 6713 ay nagpaparusa, ng dismissal sa isang ordinaryong kawani ng gobyerno sa paglabag ng mandato upang maiwasan ang katiwalian wala po akong nakikitang dahilan para po hindi ipatupad ang ipatupad ang parehong batas na ito sa isang punong mahistrado.

Mr. President, we are all guided by the basic principle of co-equal application of the law and in Thomas Jefferson’s own words, and I quote: “It is certainly for the good of the whole nation to deal law and justice to all by the same rule and the same measure. ”

If we acquit the chief justice, we would tragically lft the floodgate for public suspicion and widespread distrust on the highest institution of our judicial system. We also lower the bar of public accountability of government officials.

It was not easy, it is painful but we must do it.

I therefore vote for removal from public office. I vote to convict.

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