MANILA, Philippines - The Supreme Court (SC) defended yesterday its move earlier this week to withdraw an order stopping the implementation of government’s new fixed salary scheme for bus drivers and conductors just a day after it was issued.
SC spokesperson Ma. Victoria Gleoresty Guerra said the high court was not flip-flopping when justices decided to recall the status quo ante order issued last Tuesday enjoining the Department of Labor and Employment (DOLE) and Land Transportation Franchising and Regulatory Board (LTFRB) from implementing the new salary scheme and allowing the bus companies to go back to their previous salary schemes pending resolution of the case.
“Flip-flopping is a complete 180-degree turn where the court reserves its decision. In this case, the court just decided to defer issuance of the order. It is rather a change of action,” she told reporters in an interview.
Guerra said such change in action of the justices is not unusual in the high court. She revealed there are instances when justices would even change their mind and issue an opinion different from what they cast during deliberations on a particular case.
“We must understand that the justices hold their regular session every Tuesday wherein they deliberate and vote on cases. The actual written decisions are released days after since they have to still circulate among the offices of the justices for signature. There are instances when justices would change their vote – perhaps cast a concurring vote during deliberations and then submitting a dissenting opinion later on,” she explained.
Cases of flip-flopping in the high court were among the grounds used for impeachment of former chief justice Renato Corona. The SC reversed itself several times on the constitutionality of laws converting 16 towns into cities.