If the problem of the judiciary is its limited budget, the proper forum for discussion is the House of Representatives, which has the power of the purse. This was pointed out by former Senate president Jovito Salonga following the first meeting of the Judiciary, Executive and Legislative Advisory and Consultative Council or JELACC last Tuesday.
The judiciary is supposed to enjoy fiscal autonomy, which is why even limiting the range of issues to be tackled by JELAC to budgetary matters is raising concern in legal circles. Practically all controversies in this country, including trade disputes and questions over business contracts, find their way to the courts. This is why ensuring the independence of the judiciary is of paramount importance. And it is unseemly for the chief justice, who is a member of JELACC, to discuss the budget of the judiciary with Malacañang and Congress.
Under this administration, concerns have been raised about the independence of the judiciary and the prosecution service. If people are tolerating the endless congressional inquiries into corruption and other scandals besetting the administration, it is largely because the people believe the judiciary and prosecution service can be influenced by Malacañang. The creation of the JELACC has added to the concerns.
Proponents of the creation of JELACC are asking those with misgivings to give the council a chance. If all three branches of government are bent on pursuing this regular gathering, the legislative contingent can advance the council’s cause and dispel concerns about compromising the independence of the judiciary by crafting legislation that can strengthen the separation of powers. One way is by banning members of the judiciary from accepting, upon retirement, any appointment by the incumbent president to any government office, including a diplomatic posting or sinecure on the board of a government-owned or controlled corporation. This will prevent the appointing power from dangling inappropriate gifts to members of the judiciary in exchange for court rulings in favor of the administration. Another law can strengthen the system of appointments and promotions in the judiciary. The law should provide a detailed, merit-based set of standards for career advancement in the judiciary, which will make presidential approval largely ministerial.
In a society where delicadeza reigns, there is no need for such legislation. But delicadeza has become a rare commodity in this nation. Such laws can be passed even without convening a council like JELACC. The best working relationship among the three branches of government is one where the separation of powers is strictly upheld, and where a system of checks and balances is carefully maintained.