Independent Supreme Court

In two times at bat for the appointment of Chief Justice of the Supreme Court (CJ), the scoreboard would show that Malacanang has two hits and no errors. The choices appear to be well studied and based on the merits. Both outgoing CJ Artemio V. Panganiban and the new CJ Reynato S. Puno who were appointees of the present administration are undoubtedly fit, well prepared and well qualified for the position, morally, intellectually and even physically. They have shown their mettle as jurists of the highest order during their long stint as Supreme Court Justices with their brilliant ponencias on wide ranging, controversial and sometimes knotty legal issues brought before the highest tribunal of the land. Indeed some of the SC decisions they penned have become landmarks serving as strong pillars that have prevented the collapse of the constitutional system.

The President’s choices of the two magistrates indicate that when it comes to such an important and crucial decision as appointing the head of the Judicial Branch which is the third independent and separate branch of government, political pressures and horse trading have no place. The President is well aware that the interest of justice and of the entire country is at stake here. Over and above political considerations she has to ensure that her appointee will be independent and beholden to no one including herself.

The appointment of Panganiban a year ago proves this point. Prior to his appointment, Panganiban must have considered becoming a CJ more of a dream or at most a remote possibility. He was not the next in line as the most senior among the associate justices of the SC. Some of his ponencias are definitely not sympathetic to Malacanang like that Comelec-Mega Pacific election automation case where he ordered the Ombudsman to determine the criminal liabilities of the Malacanang appointed Comelec Chairman and Commissioners. The President apparently did not call him for some quid pro quo prior to announcing his appointment." In fact Panganiban learned it only through media. He must really have been surprised considering that the long established tradition of appointing the most senior associate justice of the SC as its next Chief was broken. But in the short span of one year Panganiban has shown that the President was not mistaken in choosing him as CJ. He ably steered the SC in coming out with landmark decisions showing its independence and morally courageous resistance to political pressures and influence. During his stint as CJ, the SC has come out with decisions upholding the Constitution even at the expense of dealing big blows to the causes espoused by the Palace like E.O. 464, Calibrated Preemptive Response and the People’s Initiative.

Puno’s appointment as the next CJ likewise appears to be well advised. His qualifications stand out through the numerous SC decisions written by his prolific pen. It is always a pleasure to read his ponencias because of their simple but elegant language and smooth flowing prose expressing profound thoughts and legal principles in a manner easily understood. But over and above the literary excellence replete with mesmerizing metaphors, his decisions are well entrenched on convincing, firm and solid legal grounds covering any and all loopholes. There is nothing in his decisions that would indicate the presence of pressure or influence. His conclusions are legally unassailable and logically defensible. His dissenting opinions like in the recent People’s Initiative case are based on his firm convictions about the merits of his stand rather than on any other consideration or outside influence. It is thus unfair for some circles to insinuate that his appointment as CJ is a reward for towing the line of Malacanang with regards to the People’s Initiative case. Neither is it fair and proper for some sectors to entertain the notion that his appointment would pave the way for a more cooperative SC that will tackle another ticklish issue like the Lower House instigated Con Ass where our Congressmen changed their own rules to suit their own purposes by sheer force of numbers than by the soundness of arguments.

The CJ may be at the helm of the SC. But it does not mean that all the other Associate Justices would do his bidding or be influenced by his own philosophies and beliefs on some judicial controversies brought before it. This is unfair to the SC and its CJ and Associate Justices. As invariably shown by the SC decisions, the SC justices have minds of their own. They always base their actions and decisions according to their own separate beliefs and well founded convictions on what is true and just. Thirteen of the 15 incumbent SC Justices owe their appointments to the present occupant of Malacanang. Yet in many of the recent SC decisions, the Palace stand on legal issues has not been sustained. Dissenting opinions are quite prevalent especially on highly debatable issues. These are the indicia of independence and integrity on the part of each Justice now sitting on the SC bench. Our Congressmen are therefore in for a lot of disappointment if they persist in their idea that the SC with the new CJ will blindly toe their crooked line on the Con Ass issue drawn by the tyranny of numbers.

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