Former Solicitor Florln Hilbay said most people want the Constitution interpreted in ways that favor their politics, ideology or naked preference.
But Hilbay said principles, rather than feelings, should guide the interpretation of the Constitution.
“Ask yourself, if the vice president in these impeachment proceedings weren’t Sara Duterte but instead was Leni Robredo, would you favor a more texted-based, strict reading or would you lean towards an ‘open textured’ or liberal interpretation?” he said in a Facebook post.
He said that for the rule of law to prevail, principles should guide the reading of the Constitution.
“At the same time, the rule of law isn’t possible unless we can interpret the Constitution in some principled manner. Otherwise, people lose trust in institutions and the process is unmasked as just providing a veneer of legality—the entire show is a circus, the lawyers are mere court jesters, and the judges are still nothing but politicians, but with robes,” he said.
The Senate Impeachment Court is deliberating on whether the two-thirds vote to convict in an impeachment trial should be based on all 24 members or if the detained senators should not be counted since they were unable to participate in the proceedings.
The court has sought the opinions of retired Supreme Court justices as amici curiae on the issue.