EDITORIAL - Flip-flopping

Apart from the wheels of justice moving slower than molasses in this country, another problem has emerged in recent years: perpetual litigation.

This is due to flip-flopping on the part of the nation’s court of last resort. It’s not just a case of ordinary flip-flopping or reversal of a ruling after convincing arguments are presented in a motion for reconsideration, which litigants have a right to file. Instead it’s flip-flopping when the Supreme Court is no longer supposed to, in rulings that are final and executory, with an entry of judgment.

This was the case in 2009 when the SC, after declaring cityhood laws unconstitutional, reversed its own final and executory ruling several months later. Despite the concerns raised at the time about the specter of perpetual litigation, such flip-flopping did not end. The latest involved compensation for dismissed employees of the National Power Corp.

Business groups and other sectors have complained for some time that unrestrained judicial powers in this country weaken regulatory bodies, with all decisions eventually ending up in the courts even in the absence of the required expertise to evaluate cases. The complaints are on top of those from both the executive and legislative branches, whose members see judicial intrusion into certain acts that they believe should be the exclusive functions of co-equal branches of government.

President Aquino himself has openly complained about “judicial overreach,” saying rationalizing the powers of the courts was a good reason to amend the Constitution. Chief Justice Ma. Lourdes Sereno has denied there is judicial overreach, but she recently said the SC is addressing the problem of flip-flopping.

Among other things, before promulgating a decision, Supreme Court justices must now consult the court’s earlier rulings on related subjects to ensure consistency in decisions. Acknowledging the problem is a welcome move on the part of the SC. The prospect of perpetual litigation weakens the rule of law, shaky enough as it is in this country. It is a valid concern that calls for decisive action.