Law as Instrument and Theater
Law as Instrument and Theater
Amiel Gerald A. Roldan™
January 31, 2026
The Marcos and Duterte impeachment episodes reveal how procedural design—especially the Constitution’s one‑year bar—can be weaponized as “procedural sabotage,” producing political immunity through timing and technicalities; the Supreme Court’s strict reading affirmed that logic, prompting opportunistic calls for charter change and selective constitutional rhetoric from figures like Tito Sotto.
Introduction
This essay argues that the January 2026 impeachment filings against President Ferdinand Marcos Jr. and the Supreme Court’s subsequent rulings on Vice‑President Sara Duterte expose a pattern: procedural formality used strategically to shield political actors, and constitutional discourse deployed selectively for partisan ends.
Procedural Sabotage: Mechanism and Motive
- Mechanism: Filing a verified but weak complaint that is nonetheless “initiated” triggers the Constitution’s one‑year bar against another complaint, effectively granting a temporal immunity. This is what critics call procedural sabotage: using the rule’s protective purpose to produce impunity.
- Motive: Actors exploit timing and House referral practices to convert a constitutional safeguard into a tactical shield—prioritizing short‑term political advantage over substantive accountability. Scholarly commentary frames this as an emergent problem in Philippine impeachment practice, where sparse textual rules invite strategic manipulation.
Judicial Consistency and Political Consequence
The Supreme Court’s firm interpretation that earlier complaints—whether archived or not—can start the one‑year clock produced formal consistency but political asymmetry: the same procedural logic that insulated Marcos Jr. was later applied to block impeachment against Sara Duterte, provoking accusations of selective justice and institutional capture. The Court’s ruling emphasized due process and the plain meaning of “initiation,” thereby closing some tactical loopholes while exposing the system’s vulnerability to gaming.
Rhetoric, Opportunism, and Senate Speaker Tito Sotto
Senate Speaker Tito Sotto’s post‑ruling advocacy for constitutional amendment (charter change) and his sudden framing of impeachment as “too difficult” or the Constitution as “defective” must be read politically: constitutional critique arrives when institutional outcomes become inconvenient for allied or rival factions. Senate President Sotto’s earlier public comments urging caution about impeachment’s reputational effects further illustrate how elite actors calibrate legal rhetoric to partisan ends.
Policy Implications and Risks
- Risk: Procedural exploitation erodes public trust and converts accountability mechanisms into partisan tools.
- Reform options: Clarify statutory definitions (what “initiation” means), legislate referral timelines, and strengthen House procedural safeguards to prevent strategic filings. Judicial clarification helps but cannot substitute for legislative and institutional reform.
Conclusion — Law as Instrument and Theater
The episodes demonstrate that law in a polarized polity functions both as instrument and theater: rules can be weaponized, and constitutional language can be repurposed as political cover. Meaningful reform requires aligning procedural rules with democratic accountability rather than allowing technicalities to become shields for power.
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As a 2003 Starr Foundation Grantee, Roldan participated in a transformative ten-month fellowship in the United States. This opportunity allowed him to observe contemporary art movements, engage with an international community of artists and curators, and develop a new body of work that bridges local and global perspectives.
Featured Work: Bridges Beyond Borders
His featured work, Bridges Beyond Borders: ACC's Global Cultural Collaboration, has been chosen as the visual identity for the newly launched ACC Global Alumni Network.
Symbol of Connection: The piece represents a private collaborative space designed to unite over 6,000 ACC alumni across various disciplines and regions.
Artistic Vision: The work embodies the ACC's core mission of advancing international dialogue and cultural exchange to foster a more harmonious world.
Legacy of Excellence: By serving as the face of this initiative, Roldan’s art highlights the enduring impact of the ACC fellowship on his career and his role in the global artistic community.
Just featured at https://www.pressenza.com/2026/01/the-asian-cultural-council-global-alumni-network-amiel-gerald-a-roldan/
Amiel Gerald A. Roldan™ curatorial writing practice exemplifies this path: transforming grief into infrastructure, evidence into agency, and memory into resistance. As the Philippines enters a new economic decade, such work is not peripheral—it is foundational.
I'm trying to complement my writings with helpful inputs from AI through writing. Bear with me as I am treating this blog as repositories and drafts.
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A multidisciplinary Filipino artist, poet, researcher, and cultural worker whose practice spans painting, printmaking, photography, installation, and writing. He is deeply rooted in cultural memory, postcolonial critique, and in bridging creative practice with scholarly infrastructure—building counter-archives, annotating speculative poetry like Southeast Asian manuscripts, and fostering regional solidarity through ethical art collaboration.
Recent show at ILOMOCA
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Amiel Gerald A. Roldan™ started Independent Curatorial Manila™ as a nonprofit philantrophy while working for institutions simultaneosly early on.
The Independent Curatorial Manila™ or ICM™ is a curatorial services and guide for emerging artists in the Philippines. It is an independent/ voluntary services entity and aims to remains so. Selection is through proposal and a prerogative temporarily. Contact above for inquiries.
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