Consequences of the Quo Warranto Decision of May 11

Much has been written on why the Quo Warranto Decision of the Supreme Court on May 11 was flawed. Legal luminaries, former chief justices, numerous lawyers groups, church people, academic circles, NGO leaders, politicians and many others have expressed and continue to express their indignation at the blatant disregard for the Philippine Constitutions and for the rules of law. Of course there are also defenders of the decision but their arguments are so flimsy. From now on, it could nolonger be invoked that because a decision comes from the Supreme Court it has to be right. The High Court has made an enormous blunder, and it will take a lot of effort – and perhaps time – to redeem itself, if ever.

But some are asking, does it really matter that the decision was reached in this way? The process may be wrong, but what consequences will it have in our democratic life?

From a non-lawyer’s point of view, here are some of the consequences of such a decision:

1. It tells us that the justices of the Supreme Court cannot be trusted in interpreting the Constitution. With convoluted arguments they can bend the interpretation according to their purposes. This case clearly bears this out.

2. The decision to oust the Chief Justice of the land sends a signal that nobody is safe in the country anymore. If the Chief Justice herself cannot get justice, who else can? I do not say that the Chief Justice is without fault. I just ask that she be tried in the proper forum – in the senate according to impeachment rules where she can defend herself.

3. No appointed officials, even of constitutional bodies such as the ombudsman, the commissioner on audit and the commissioner of the COMELEC, can be free from now on from undue pressure in doing their job. They have to kowtow to those in power or else they can be eased from their office by means not even provided by law.

4. The Supreme Court is now seen as a Duterte Court. It has lost its independence from the executive branch. It can no longer put a check to the whims of the one in power.

5. The justices in the Supreme Court can easily become a barkadahan of likeminded persons. Anyone with a different view can be taken out by themselves. Not only does the Supreme Court as an institution lost its independence. Each of the justices has lost his/her independence. Each has to look over his/her shoulder if his/her decisions and wayswill sit well with the gang. Objective justice will not anymore be the main concern. Who can trust such a court?

The quo warranto decision and how it was arrived at have brought down the Supreme Court. People are protesting because they know that it is also bringing down our democracy. Dictatorial rule is already upon us. Can we take this without a whimper?

Lights in Defeat

THE petition on the Quo Warranto has been granted by the justices in the Supreme Court with a vote of 8-6. In effect the justices have ousted SC Sereno from being the Chief Justice. This is a big defeat for thousands of lawyers, civil society people, leaders of the academe, religious people, students and many other groups and sectors in society who have lobbied, prayed and even marched in front of the Supreme Court for several days to warn the justices and the people at large of the subversion of democracy in the country if the Chief Justice is removed by the Quo Warranto. In spite of all these warnings, rallies and prayers the justices stone-heartedly approved the petition.

In this darkness of defeat, however, lights of hope have shone . This somehow is a reflection of the Paschal Mystery where life came out of death. The Jericho March was a success. The walls of Jericho fell when the Israelites marched around it. The Supreme Court building did not fall down when Evangelicals and Catholics marched around the block of the Supreme Court early this morning. But the Supreme Court fell today. It self-destructed by granting the Quo Warranto. It fell from its being a bastion of independence in our democratic system. It lost the esteem and even the respect of the people. It has shown its true and unmistakable color of being now a tool of Duterte. It is now a Duterte Court.

Another light: the quo warranto issue has united broad segments’ of Philippine society. Evangelicals and Catholics have come together, so also Church people and civic organizations.  Urban poor organizations have joined forces with the middle class. Student organizations have been organized. Groups from different political spectrums marched together. The various colors of flags that flown this morning  along Taft Avenue and Padre Faura Street was a sight to see. Speakers from various persuasions spoke out in a hastily built stage in Taft Avenue in the morning, with claps of approval coming from all.

The decision of the justices has heightened the level of engagement of the groups. Yes, there is anger at eight justices who voted for the quo warranto, but more than that, people have already openly expressed the call for Duterte to resign. The fight now moves from the Supreme Court to Malacanang because people clearly see now the dictatorial moves of the Duterte regime. It has become unmistakable.

The decision did not dampen the mood of the people. It angers them all the more. They resolve to more actions is palpable in the hearts and speeches of many. Expect more mobilizations. Expect more protests. Expect more unmasking of the hypocrisy of Duterte and his cohorts.

As CJ Sereno said in her short speech before the crowd around noon, we did not really lose. If the 6 justices who have already accused her had inhibited themselves, as they should have done if there was an iota of decency in them, the vote would have been 6-2, with 6 dismissing the quo warranto petition. If the playing field were level, the petition would have been squashed. How could accusers take the function of judges? Is there justice here?

The Supreme Court has fallen. Malacanang will be the next!

Suspicious haste

SUDDENLY the justices of the Supreme Court are so eager to solve a case. The Supreme Court is not an institution known for coming up with fast decisions. We give it the benefit of the doubt--maybe there are so circumspect in studying the cases in front of them, maybe they are so overloaded with many important cases, maybe they take a looong time to deliberate because of the weightiness of their decisions. Then all of a sudden they decided to break their summer vacation to deliberate on the case of CJ Sereno on the Quo Warranto petition! Not only that! They agreed to move their meeting one week earlier, from May 17 as originated set, to May 11.  Not only that! Even before their meeting, leaks have already come out that the decision is already done to oust Sereno! Suddenly the Supreme Court justices have been prompt – suspiciously too prompt even - to give a decision on the quo warranto petition. Why are they hurrying? What could the reasons behind the suspicious haste?

Is it really so important that Sereno should be ousted at this time? The matter of the SALN that is the reason why they claim the appointment of Sereno is defective is the same matter that is set on the impeachment case against her in congress. Why not let the Chief Justice  go through the usual and uncontroversial route of the impeachment process? I suspect that the SALN case is weak, and it may not get the nod of the senators. I suspect that in the impeachment process in the Senate CJ Sereno can have the chance to explain herself in public on this matter while in the quo warranto case the poor lady does not have her day in court. I suspect that the aggrieved justices want to execute the Chief Justice by their own hands, rather than give her the chance to exonerate herself. I suspect that the brains behind this dubious scheme does not want the public to have the time to digest the meaning of the case against the  Chief Justice. Oh, so many theories can be conjured because of the suspicious haste that this matter is being pursued.

But the people will not stand by. Most of the Filipino people do not know the intricacies of the law but they have their own sense of what is right and what is wrong, and they are not fooled even by those who claim to hold the office of interpreting the law. The manipulation of interpreting the law is so blatant! The schemes to control the Supreme Court and the institutions of democracy in the country are so glaring! The end game is total control of the government and manipulation of the people! The innate sense of the people is aware of this and the people will move, maybe not as fast as the justices now, but they will move and hold the schemers accountable!