Ousted
Supreme Court Chief Justice Lourdes Sereno emerges from the Supreme
Court to meet with her supporters in Manila. Photo: Jonathan Cellona,
ABS-CBN News.
eople
the world over are left scratching their heads, wondering how such a
thing can even happen in a constitutional democracy. A sitting chief
justice was removed, not by impeachment as required by the Constitution,
but by her fellow justices in an en banc 8 to 6 decision.
What's worse, Pinoy legal minds that ought to know better, have so far,
failed to grasp the glaring unconstitutionality of such action. The
Constitution says that only Congress can remove the chief justice thru
an impeachment process ...period! Unfortunately, Filipinos seem to have
a “fuzzy” understanding of laws in general. Just look at how traffic
laws are followed in the Philippines. Laws and rules are for others to
follow, not me--appears to be the prevailing attitude nationwide.
In this instance, 8 justices decided to usurp Congress’ authority and
remove an impeachable public official. Instead of upholding the
Constitution, Justices Teresita Leonardo-De Castro, Diosdado Peralta,
Andres Reyes, Jr., Lucas Bersamin, Samuel Martires, Alexander Gesmundo,
Noel Tijam, Francis Jardeleza decided to defy it. In their opinion, it
appears that the Constitutional provision did not apply to them.
Even more bizarre, Philippine Speaker of the House Pantalion Alvarez
actually congratulated the high court for its decision! Never mind that
the court's decision took away from the speaker and his congress its
having the sole authority to remove impeachable public officials.
So where does all this leave Pinoys? Deeper in the hole they were in
before this misguided court decision. A constitutional crisis could
erupt at any moment. Vice President Leni Robredo is understandably
concerned. She could be next.
President Rodrigo Duterte has played coy throughout this debacle yet his
DNA seems to be all over the place according to his critics. It was his
solicitor general, Jose Calida who filed the quo warranto
petition with the high court in the first place. The administration’s
top lawyer, sworn to uphold and protect the constitution, actually got
the ball rolling!
German philosopher Friedrich Nietzsche once said that “whoever fights
monsters should see to it that in the process he does not become a
monster.” Words the Philippine president would be wise to heed in his
quest to rid the country of all its evils.
Published 5/14/2018
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