How the Supreme Court fights

With the realization that Christmas is only a week away, I resolved to think only happy thoughts starting this week. I thought that my only challenge to feeling less than merry is the lack of Christmas décor at home. Except for a Belen and Christmas-themed throw pillows, I do not have anything else to remind me of Christmas. Unless I count the fruitcake that I bought because I love fruitcake and my neighbors’ capiz parols that are brightly lit at night.

I felt that I was succeeding at staying light and cheerful until I saw tweets about Chief Justice Renato Corona’s speech at the Supreme Court flag ceremony. He really said that? was among my first thoughts. When I found a transcript of his speech in Facebook, I was shocked. I also felt the need to read the Constitution, the Lawyer’s Oath, the Code of Professional Responsibility, and the different codes that governed judicial ethics, namely: the Canons of Judicial Ethics, the Code of Judicial Conduct, and the New Code of Judicial Conduct for the Philippine Judiciary.

In his speech, Chief Justice Corona said: “Reports yesterday confirmed the mobilization of a secret plan to oust me from office by any means fair or foul.” News of his possible impeachment has been circulating for weeks and can hardly be called secret. Moreover, the removal of a Supreme Court Justice by impeachment is provided for in the 1987 Constitution. Art. XI, sec. 2 of the Constitution states that “The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.”

The rest of his speech bothered me even more. He said: “I have been quietly preparing and will be ready to take more determined steps in the coming days. I want all of you to know that your chief justice continues to be in command and will lead the fight against any and all who dare to destroy the court and the independence of the judiciary … Do not forget, I am here, I am not going anywhere. I am your defender and most of all I am your chief justice. Together we will face these challenges and fight all who dare to destroy the court and our system of justice under the constitution.”

These words would have been fine if a superhero or even someone from the executive or legislative branch said them. How exactly will Chief Justice Corona lead the fight against the perceived threats to courts and judicial independence? How does an institution tasked with deciding cases fight? I certainly hope that he did not mean that actual cases or controversies involving persons that the Chief Justice suspects of plans to oust him would be decided against them regardless of the merits of the case. But, really, what else can the courts do?

Our current symbol for justice is Lady Justice, supposedly inspired by a Roman goddess. She is wearing a blindfold while holding a scale and a sword, oblivious to identity, power, title, and wealth in dispensing justice. We can probably also conclude that Lady Justice is immune to insults and is not interested in secret plots. She can transcend all that.

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