.LEAVE IT TO CONGRESS

By Maximus Franco Beltran
2017

The conundrum of whether or not the president can be investigated outside of the impeachment process is as open to debate as in the US, where we copied most of our laws.

I do maintain the position that the president cannot be investigated other than during an impeachment process because that will subvert the immunity clause granted to him by the constitution. There are others who advance the legal position that the president can only invoke this presidential prerogative when he is already being indicted (case is to be filed). Well, I say, if the purpose and rationale of providing immunity from suit for presidents is so that he/she will not be deflected from his/her critical, significant and most substantial job as the chief executive/commander in chief/foreign policy maker/economic planner etc etc etc., why would our legal system allow him/her to be subjected to an investigation where he/she will spend time, energy and resources to defend himself?....and for what purpose if he cannot even be indicted? as a fact finding process preparatory to filing an impeachment complaint? if so, then again, you will be bringing him in to a tedious proceeding where he will be forced to defend himself/herself and spend time/energy and resources which the immunity clause exactly proscribes, is it not?

The president's statement of planning to launch an investigation against the Ombudsman is actually and exactly one of those activities that the immunity clause envisions, in that, he/she should not be disturbed in his functions as the chief executive so that he/she will not engage in activities and or actions that will consume time for his/her defense. This, even if you will say that what the president will do is but a tactical act for defending himself because that is exactly what it is, YOU ARE BRINGING HIM ASTRAY FROM HIS PRESIDENTIAL FUNCTIONS.

On different note, if you start saying that the president has no power over the Ombudsman to investigate, the more that you should advance the argument that Ombudsman must maintain a hands off policy when it comes to supposed complaints against the president because the Ombudsman was not created to be above the President. To illustrate graphically that fallacious argument---> are you saying that the Ombudsman (unelected official) can investigate the president BUT THAT this highest elective office cannot investigate the Ombudsman? So why not call it vice versa instead, in that, the Ombudsman must refrain from investigating an impeachable official and the office of the president must also take its hand off from impeachable officers?....

LEAVE IT TO CONGRESS, IN SHORT.