No Limitations
by Ted Laguatan, Esq.
No need to waste good ink doing further in depth analysis of the Supreme Court’s recent decision allowing outgoing president Gloria Macapagal Arroyo to “midnight appoint” the next Supreme Court Justice. Article VII Section 15 clearly states without any ambiguity or vagueness that she cannot. There are enough legal scholars and academicians who are familiar with the legislative history of this particular provision including one of the Constitutional delegates who actually drafted this particular provision – who have repeatedly affirmed publicly that the constitutional prohibition is absolute. There are no exceptions. If there were exceptions – these would have been specified in the provision. There should not even have been a debate on this issue.
Eminent Constitution Professor Fr. Joaquin Bernas, SJ., a Jesuit priest, lawyer, former Dean of Ateneo University Law School and a delegate in the 1987 Constitutional Convention -has repeatedly affirmed in public interviews that the Constitution prohibition makes no exceptions. “The prohibition also covers appointments in the judiciary.” affirms Bernas. More than the other delegates, Bernas has more authority to say what this provision exactly means because he was involved in drafting it.
In determining the actual meaning of this provision – the justices did not even consider in depth the opinions of Bernas and other constitutional delegates which would have been primary sources to arrive at the truth. Christian Monsod, another delegate agrees with Bernas’ assertion.
No one is above the Constitution which is the basic law of the land – not the President, not Congress, not the Supreme Court. The “Arroyo can appoint” Justices placed themselves above the Constitution when they made this ruling.
No amount of convoluted legal arguments by twelve black robed figures sitting on high chairs or by Arroyo apologists – can persuade the public that the Justices were in good faith when they made this decision or that Arroyo rushed the appointment of her former lawyer Renato Corona as Chief Justice – “for the good of the country.” They cannot defend the indefensible.
The issue here is not so much a legal issue – but a moral issue. Stated succinctly: Is it moral for the Supreme Court Justices to place their appointer Gloria Macapagal Arroyo’s interest above that of the people and the Constitution which they are sworn to serve?
Being highly trained lawyers – they could cleverly elude the question and ask: “What’s moral? Define moral?” That answer is not so different from Pilate’s response to Jesus: “Truth? What is truth?”
The truth is that the Justices are already condemned by public opinion and will continue to be so condemned by history.
Their only salvation is to do the right thing. It’s not too late. On their own motion, they can vacate their judgment (a procedural device used by American courts to correct errors or to overturn previous decisions). In principle, the court has inherent powers to correct itself and should be given such powers because even justices are human and can err. However it would take much courage and humility for the Justices to do this correction. I hope for the sake of the country that they do.
I never lose hope in human beings – that the sacred within all of us can sometimes prevail even under very difficult circumstances. I can only sympathize with the Justices as to the pressures they must have faced when this important decision was made. I will not demonize them because they are not demons and can be honorable men under different circumstances.
However, the importance of correcting this inappropriate decision cannot be overemphasized.
I disagree with Fr. Bernas’ well meant recent statement saying that President elect Noynoy Aquino should just take his oath before Chief Justice Renato Corona who hopefully might prove himself later to be independent – to avoid a “Constitutional crisis”. The country is already in crisis as it is because of a Supreme Court that declares itself above the Constitution by giving it an interpretation that clearly was never meant by the framers.
The issue here is not even Corona. The issue here is that if this Arroyo Supreme Court is allowed to place itself above the Constitution – above the law – it sets a very bad precedent. It gives the message that yes – the Supreme Court can do anything it wants. All that it has to do is interpret the laws according to its own unbridled discretion – without accountability to anyone. Nothing then prevents this Court and subsequent Supreme Courts to continue abusing their power because this decision shows they can get away with it. The people should not allow it and take a strong position in condemning this anomalous decision.
President-elect Noynoy is wisely advised to take his oath of office before Justice Conchita Carpio Morales – the lone dissenter among the justices – she with the most balls.
By so doing, Aquino shows that he does not disrespect the Supreme Court as an institution but only disrespects its immoral decision – which every man and woman of conscience should do.
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Atty. Laguatan’s legal expertise is officially certified by the California State Bar. He does immigration, personal injury, wrongful death, medical malpractice and complex litigation. He is rated as among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd., Ste. 516, Daly City, CA 94015; 101 California St. Ste. 2450, San Francisco, California 94111; Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com
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