August 21

You never know, part II: Today the nation commemorates the 27th death anniversary of Senator Ninoy Aquino. I was told that in the early 1970’s, Senator Aquino was seen by political pundits as the odds on favorite to succeed President Marcos since he was the only one who could match the intelligence and political smarts of the latter. Indeed, if you analyzed his career as a journalist, Huk negotiator and politician, you could surmise that he was seriously preparing to make a run for the Presidency. But then martial law was declared and instead of going to Malacanang, he languished in jail, was sent to exile and notwithstanding warnings about the danger of going home, returned in 1983 only to face an assassin’s bullets. And yet, it was his death that lay the groundwork for EDSA I and was clearly the proximate cause for the Presidency of his originally apolitical wife and together with the death of the latter, that of their only son who I do not think seriously entertained any presidential ambitions until about this time last year. An interesting chain of events which, when you think about it, could only have been written, produced and directed in heaven.

* * *

Judicial winner: May I add my own paean of praise for the appointment of new Supreme Court Associate Justice Ma. Lourdes “Meilou” Aranal-Sereno. Meilou being a breath of fresh air to the high court in two ways: With her background in law and economics, she will provide an inter-disciplinary approach in crafting jurisprudence. And as the former director of the AIM policy center, her quality of research will hopefully provide more ideology, structure and depth in judicial thinking. In an interview before her swearing in, she vowed “to be independent and not be beholden to the appointing authority.” Heartening as well is her pronouncement that “My gratitude to the President will be repaid by my fulfillment of my oath of office as a magistrate of the High Court, which is to uphold the Constitution and to serve only the interests of the Filipino people.” All the best in your new role Justice Meilou!

* * *

Titles: I have always wondered what is the rule regarding affixing the title “Honorable” before the name of a person? Is this privilege reserved only for public officials? Or can high officials from the private sector such as presidents of companies or academic institutions enjoy the honor as well? I ask because I have noticed that public officials from the Vice President of the Republic (the President is called “His or Your Excellency”) all the way down to barangay kagawads are addressed as “Honorable” in correspondence and public functions. Not that I want to be stingy about it, but to preserve its value, I believe that society has to be more sparing in bestowing the honor. 

I remember that in the ’90s, the issue cropped up in the Judiciary as to which officials could properly use the title “Justice.” Specifically, can positions with the rank and privileges of a “justice” use the title? The Supreme Court during the watch of Chief Justice Narvasa promulgated a resolution saying that was not so. Hence to be called “Justice”, one has to be an actual or retired member of the Supreme Court, the Court of Appeals, the Court of Tax Appeals or the Sandiganbayan. 

In this regard, perhaps Congress should pass a law that would enumerate the officials that should be addressed as “Honorable.” By doing so, people would be guided when to use the term. Although, when you really think about it, this matter should not be statutorily determined, for after all is said and done, being Honorable is not bestowed but earned.

* * *

Legal fireworks: A battle royale has ensued between the top two law schools in the country regarding the issue of plagiarism and mis-citation in the Supreme Court. The UP College of Law led by its current dean, former deans and members of the faculty started the legal fireworks when it issued a statement in support of its alumni lawyers who exposed the alleged misdeeds and called for the resignation of the Supreme Court Justice who authored the decision. On the other hand, the Ateneo School of Law through its own dean, dean emeritus and faculty members came out with its own statement in defense of its alumnus Justice, saying that any call for resignation is premature and that everyone should wait for the report of the committee of peers formed by the Supreme Court to investigate the matter.

Not because I am an alumnus of the latter school but my four centavos is that we should not compel or pressure a member of the High Court to resign. Such should be a voluntary act on the part of the member concerned. Moreover, the Constitution provides for impeachment as the remedy to remove an erring Justice. So even if there is a finding of guilt by the committee created, that recommendation will still need to be transmitted to Congress for the proper proceedings. Of course, if the issue becomes too “hot” to handle, it then falls within the individual conscience of the justice concerned whether he would be willing to sacrifice his position and voluntarily step down in order to preserve the reputation of the institution that he is serving. 

* * *

 “Kung hindi mo kaya maging lapis para isulat ang kasiyahan ng iba,

Subukan mong maging pambura at burahin ang lungkot nila.” — Text message from RY Yambao

* * *

E-mail: [email protected]