If the rumors I have been hearing are true, there is a scramble to oust the current Chief Justice via the unpromulgated Limkaichong case. The only way to oust a Justice of the Supreme Court, even a Chief Justice, is by impeachment, and I honestly don’t see any ground in this case.
Presuming then that there is indeed no real ground for impeachment, what would be the point about the loud rumors of impeaching a Chief Justice? I can see no other reason except to attack the reputation of a reputable Chief Justice, one who is widely considered as the best constitutionalist in the Court today and a champion of human rights who shepherded the creation of the Rules on the Writ of Amparo and Habeas Data.
Chief Justice Puno has a strong reputation in legal circles as an intelligent and learned legal scholar, whose opinions on Constitutional and even political issues are greatly respected.
So why sully his reputation? Perhaps the people working in the shadows are hoping the Chief will resign on his own and clear the path for the President to have a grand sweep of the Court? But from what I know of the Chief’s character, he is unlikely to do that. Instead, he will stay true to his duty to the law and the Court, and stay in his position as the Chief Justice.
Do the people behind this move really think impeachment will succeed though? Impeachment has never succeeded yet in this country or under this current Constitution. The closest we came to impeachment was the impeachment trial of Erap Estrada, which ultimately led to his political downfall over the unopened envelope issue (although he got pardoned after his conviction in the Sandiganbayan anyway).
It is deeply suspicious that it is usually the more respected Chief Justices who get slapped with impeachment proceedings. Chief Justice Davide once got shot with an impeachment case. It didn’t even come close to succeeding, since the public furor over that scuttled the case. Now another Chief Justice is being targeted over what I can only presume to be political reasons. But I am betting that this rumored attempt to impeach the Chief Justice will not succeed either. It will get no support, not politically nor publicly.
Remember, this is the Chief Justice who fought extrajudicial killings with the Rules on Amparo and Habeas Data. Civil Society will fight to defend him, and even the media is likely to side with the Chief.
When will politics keep their hands off the Court? When will our government institutions start to respect each other? When will the time come that a good man, a Chief Justice, will not be attacked (or impeached) without good reason?
I don’t know if that will happen in my lifetime.
I know one thing though, this purported move to oust the Chief Justice will not succeed. I know it, and I think the people who are vainly trying to take him down know it too. The most they can do is try to tarnish his reputation and legacy.
Well good luck with that Sirs and Madames. Because I am betting that even this will not succeed.
Popularity: 1% [?]
If the Constitutional order is to survive, this shouldn’t succeed.
The the judiciary is defenceless. It can’t call the army or police, it can’t allocate the money but certainly it can call on the people’s respect.
Welcome to the fray Kelvin! Your first post! and tackling an issue that may not be on the radar of many…
I think, however, in terms of driving away politics from the judicial branch, it is a hard task to accomplish, because in the end, there comes a time, when maybe, must maybe, that Chief Justice has made a mockery of the justice system. And it will be the same process that gives us a chance to unseat him/her.
In the end, all three co-equal branches must serve to act as a check on each other, I welcome such moves, so that the people can decide and see for themselves, and the politicians behind this can be exposed by bringing dirty politics where it does not belong.
They may not have a political mandate like the other two branches, but it is a branch just as political as the legislative and the executive, and because all three will always be connected with each other, let us hope that our constitution will be strong enough to let each attempt arrive at the proper conclusion. Either way, if the attempt is constitutional, let it be, but it doesn’t mean we cannot fight it if the attempt is indeed because of political ill-will.
Just as we try to pursue an impeachment against The current sitting president, let them also try to do the same with the Chief Justice. Sometimes, however, we realize, that if the overwhelming control of one branch is garnered, there comes a time, even when the constitution is in threat.. and our rights, trampled, because the powers that be, have control of all three branches..
Then, and only then, should we worry.
Is our current situation such a case? Let’s see, if 2010 happens. that should be our litmus test right there.
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Presuming then that there is indeed no real ground for impeachment, what would be the point about the loud rumors of impeaching a Chief Justice? I can see no other reason except to attack the reputation of a reputable Chief Justice, one who is widely considered as the best constitutionalist in the Court today and a champion of human rights who shepherded the creation of the Rules on the Writ of Amparo and Habeas Data. Kevin…
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Pweeh!
Here read my link:
http://jcc34.wordpress.com/2008/09/08/an-open-letter-to-chief-justice-reynato-s-puno/
The Supreme Court is one powerful branch of government that is above the sovereign people. Its decisions and actions are never reviewed by anyone thus it can pervert the constitution, make a grand corruption without accountability and would demand from you and me to address its members “Your Honors”. Pweeeh!!!
It is time now that Congress should pass a law creating an oversight committee to audit all the decisions of the SCORP and hold their members accountable for their malfeasance in office.
Here is Thomas Jefferson about the Supreme Court of the US which our form of government was but a copycat:
“The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a coordination of a general and special government to a general and supreme one alone. This will lay all things at their feet . . We shall see if they are bold enough to take the daring stride their five lawyers have lately taken. If they do, then . . . I will say, that “against this every man should raise his voice,” and more, should uplift his arm . . .
Having found, from experience that impeachment is an impracticable thing, a mere scarecrow, they consider themselves secure for life; they sculk from responsibility to public opinion . . . An opinion is huddled up in conclave, perhaps by a majority of one, delivered as if unanimous„and with the silent acquiescence of lazy or timid associates, by a crafty chief judge, who sophisticates the law to his mind, by the turn of his own reasoning . . .
A judiciary independent of a king or executive alone, is a good thing; but independence of the will of the nation is a solecism, at least in a republican government.
A usurping judiciary will become a despotism
To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is “boni judicis est ainpliare jurisdictionem,” and their power the more dangerous as they are in once for life . . . The constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots.
If the Federal judiciary is not checked, it will destroy democracy.
It has long, however, been my opinion, and I have never shrunk from its expression (although I do not choose to put it into a newspaper, nor, like a Priam in armor, offer myself its champion), that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body (for impeachment is scarcely a scarecrow) working like gravity by night and by day, gaining a little today and little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government or another, and will become as venal and oppressive as the government from which we separated. It will be as in Europe, where every man must be either pike or gudgeon, hammer or anvil. Our functionaries and theirs are wares from the same workshop; made of the same materials, and by the same hand. If the States look with apathy on this silent descent of their government into the gulf which is to swallow all, we have only to weep over the human character formed uncontrollable but by a rod of iron, and the blasphemers of man, as incapable of self-government, become his true historians.
Sinister procedure of the Supreme Court
Another most condemnable practice of the Supreme Court to be corrected is that of cooking up a decision in caucus and delivering it by one of their members as the opinion of the court, without the possibility of our knowing how many, who, and for what reasons each member concurred. This completely defeats the possibility of impeachment by smothering evidence. A regard for character in each being now the only hold we can have of them, we should hold fast to it. They would, were they to give their opinions seriatim and publicly, endeavor to justify themselves to the world by explaining the reasons which led to their opinion.
To curb Federal judges, they should be appointed every six years
[For the] difficult task in curbing the Judiciary in their enterprises on the Constitution . . . the best [remedy] I can devise would be to give future commissions to judges for six years [the Senatorial term] with a re-appointmentability by the president with the approbation of both houses. If this would not be independence enough, I know not what would be . . .
The Judiciary perversions of the Constitution will forever be protected under the pretext of errors of judgment, which by principle are exempt from punishment. Impeachment therefore is a bugbear which they fear not at all. But they would be under some awe of the canvas of their conduct which would be open to both houses regularly every sixth year. It is a misnomer to call a government republican, in which a branch of the supreme power is independent of the nation.”
As much as a president can be impeached – by mere trial and error – so does a Supreme Court Chief Justice in an “all is fair in a democracy”.
Chief Justice Davide was just fortunate to escape what could have been a possibility of being impeached.
Speaking of possibilities, it is more possible that Puno can be impeached if the fear is true that PGMA wants to do a grand sweep of the High Tribunal so the new pack of Supreme Court justices will be beholden to the appointing power.
Isn’t that the reason of some crusaders who call themselves “Bantay Korte”, anything like that?
If at the Court of Appeals, there can be bribery, which sacred or higher order cannot be breached if patronage politics be controlling?
KARLPOPPER,
Get the executive out of it. I think CJ Puno would like to be portrayed as a constitutionalist and a champion of civil rights of which he is not. He stepped on the toes of the other corrupt jurists, specialy in the Court of Appeals and some of his colleagues in SC. Felt threatened by this bravadoo, some could have engineered the “media leak” of his own indiscretion and put him on the very group of people he wanted out of the judiciary. A case of a beknighted soldier wearing a tattered moral armor. Please read my letter to him and you will get a sense of this fraudulent “Knight”.
It’s interesting how strong people’s feelings are about this issue. Although I respect the comments of those who commented, I must say I disagree with some opinions. But in any case, that is how Filipino Voices works, and I am happy that we all have a chance to air our thoughts on the subject matter.
In any case, I reiterate my opinion: the Chief Justice should not be impeached. There is no real cause nor reason to, except perhaps to embarrass him, or even petty revenge.
But once again, readers may have a different opinion. Thank You.