Landmark Philippine court decisions in 2023

Philippine history will remember this year as one when a number of very important judicial and quasi-judicial rulings were issued. Lawyers today and in the future, Law professors, Law students, Bar reviewers, Law book writers, and even the magistrates will review the jurisprudence and be enriched by some earth-shaking decisions enriching overall the art and science of law.

Former senator Leila de Lima was released and allowed to post bail in the remaining case filed against her by the Duterte administration. Like her, Rappler's Maria Ressa was also exonerated from the Duterte administration's tax evasion indictment. This array of setbacks for the Duterte administration is considered by many as a victory for the rule of law, truth, and justice.

Last November 14, the Supreme Court affirmed the 2012 Sandiganbayan ruling dismissing the cases filed by the PCGG against the estate of the late Ferdinand Marcos Sr. in relation to the alleged ill-gotten wealth linking the Marcoses with business taipan Lucio Tan. On July 9, the Supreme Court also affirmed the Sandiganbayan ruling in 2019 dismissing the forfeiture cases against Ferdinand, Imelda, and five others. On June 20, the Sandiganbayan ruled in favor of the Marcoses too, denying the government prosecutors' motion to present new witnesses in some ill-gotten wealth cases filed against Ferdinand and Imelda. 2023 is the luckiest year for the Marcoses in terms of winning cases in courts.

The government and its prosecution arms have been losing cases for the people and the Marcoses' lawyers won victories under this administration. Of course, there’s a strict separation of powers between the executive and the judiciary and these victories are just coincidences beyond the control of the Palace. Last June 27, the Sandiganbayan dismissed a huge, huge civil case filed by the PCGG in 1987, immediately after the EDSA Revolution, against the Marcoses and 11 other accused in connection with alleged illegally obtained multi-million properties. Again, the president has no control over the independent judicial system. It just happened that way.

Last August 7, former AFP comptroller, General Carlos Garcia, who was convicted in 2022 for corruption, was released from Bilibid for "good behavior". Last October 20 Janet Napoles was convicted again for the nth time for corruption in connection with the PDAF of a South Cotabato congressman, who was acquitted in the same cases. Earlier on May 22 however, Napoles was acquitted by the Sandiganbayan of the plunder case where Senator Bong Revilla was the first to be exonerated. On the same date, however, Napoles was convicted with four others in connection with the PDAF-related charges involving a Davao del Sur congressman who was also acquitted of the same charges. It’s becoming a pattern for Napoles to be convicted and for congressmen and senators to be acquitted, of course, based on evidence and law. It just happened that way.

Suffice it to say the judicial system has been working very hard this year. It just happened, as dictated by the facts of each case and by the law and controlling jurisprudence on the matter, that the Marcoses won major victories. De Lima has been released. Napoles continues to face the "slings and arrows of outrageous fortunes". Two senators earlier jailed for PDAF were released. And the forgiving electorate reelected them. Only in the Philippines, the only Catholic country in Asia.

On the other hand, one centenarian senator, also linked to PDAF, was never jailed for humanitarian reasons. In fact, he got a presidential appointment by the president whom this lucky old man ousted in 1986. Only his chief of staff was jailed but eventually released too. Such a lucky old man. All these happened while De Lima spent six years in prison only to be exonerated from all cases, except one pending charge with no more witness. Another senator, a convicted felon, was elected number one senator. He was pardoned conditionally by FVR and absolutely by Duterte. And to add humor to tragedy, he was made the chairman of the Senate Committee to overhaul the Philippine Constitution. Only in the Philippines. And all these happened as mere coincidences.

No malice, no deceit. Nothing whatsoever. They just happen that way. I hasten to interject: No one should blame the president for all these strange happenings in independent courts and tribunals. The Palace respects the independence of the judiciary. I truly believe that. Of course, the president is well-advised by presidential legal adviser Juan Ponce Enrile and the executive secretary, a former chief justice. Both Enrile and the executive secretary were Bar topnotchers, legal luminaries, and genuine Ilocanos. Coincidence. All these just happened that way. Merry Christmas to all.