THE PRINCIPLE OF JUDICIAL INDEPENDENCE

By Perfecto Yasay

That Maria Lourdes Sereno’s ouster as Chief Justice by Quo Warranto is a breach of the principle of judicial independence, is nothing more than another black propaganda and fake news of the opposition purposely to destabilise government and grab power from a duly elected President.

Judicial independence is a concept intended to keep the Judiciary away from undue influence of Congress and the Executive and from outside private or partisan interest.

It should be stressed that the decision of the Supreme Court to grant the QW filed against CJ Sereno was decided by the majority of 8 Justices as against 6 who felt that the power to remove an impeachable official under the Constitution is vested with Congress and ultimately by the Senate sitting as an impeachment court.

The verdict that disqualified Sereno as Chief Justice was arrived at by independent strong-minded magistrates, irrespective of personal reasons regarding their like or dislike of her.

This is arguably one of the most controversial and unpopular ruling of the High Court in recent years juxtaposed with the impeachment proceedings now pending in the House of Representatives, which Sereno for obvious calculated political reasons prefers and is prepared to face.

But the decision was arrived at ousting Sereno, despite the enormous political support given to her by the yellow opposition who were pitted against the pro-Duterte groups that the Justices knew before hand will result in a potentially explosive public outcry.

But they stood firm, bravely and unfazed in coming out with a non-partisan decision that they believed was right, albeit unpopular, on the basis of the evidence and law, regardless of the appointing power that brought them to the highest court of the land.

What an admirable display of courage and independence in the face of being lynched or rebuked by the resulting wave of public opinion threatening to break the legal boundaries of free speech because of the inflammatory manipulations of opportunists, rotten politicians and destabilisers.

The Supreme Court is the final arbiter of what is legal and constitutional. And no matter how vigorous our disagreement or opposition to the outcome of the QW might be, its final decisions form part of the law of the land that all must obey.