Tuesday, August 26, 2014

Taking a risk


By Manila Standard Today
Solicitor General Francis Jardeleza—after a bruised ego and a few wrinkles on his suit— has a new appellation:  Associate Justice of the Supreme Court. The controversy that hounded his appointment to the highest court of the land could be a blessing or a bane, depending on which side of the political fence it is viewed.
People who take interest on our legal system rue the heavy political undertones associated with Jardeleza’s appointment. Politics has a corrosive effect on the integrity of the court. It poisons people’s minds and affects their attitudes.
Jardeleza sued Malacañang, so he could  be considered a nominee to the vacancy.  When he became a nominee, Aquino promptly appointed him to the position despite the swirling questions about his motives and competence.
As Solicitor General, Jardeleza deleted the island of Itu Aba from the Philippine claim over the Spratley Islands, which met strong opposition from international lawyers because it would hurt the Philippine position. Aquino ordered the restoration of Itu Aba in the legal brief submitted by the Philippines to the United Nations. The Judicial and Bar Council, which recommended the candidates for appointment to the vacancy, used the issue to strike down Jardeleza. But he was Aquino’s choice.
Aquino’s political allies welcomed the appointment. But several lawmakers said Jardeleza weakened the court. A party-list representative called Jardeleza a mole planted by Aquino in the court. “Justice Jardeleza owes Aquino big time,” said Kabataan Rep. Terry Ridon.
Opinions, for and against Jardeleza’s appointment, may appear innocuous. But his presence will be felt when the court starts deliberating cases that affect people’s welfare. These cases include the coconut levy fund, where he was at the opposite side of the coconut farmers fighting to get back their money from a former crony of strongman Ferdinand Marcos.
Jardeleza said he would inhibit from the pork barrel fund case, which is under appeal after the court has declared it unconstitutional.  But his detractors were not appeased.
A petitioner said his appointment was inappropriate. “Pending a decision on the appeal, which (Jardeleza) made in his capacity as Solicitor General, it would not be right to have him appointed as associate justice,” said Greco Belgica.
Some people believe Jardeleza’s appointment is not intended to strengthen the court and improve the delivery of justice in our country. They said Aquino merely widened his influence in the 15-member body with the appointment of Jardeleza.
Aquino can ignore his critics and dismiss acerbic comments as ratings of the opposition. But people are listening. He can ignore the vitriol at his own risk.

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