A call for sacrifice and statesmanship

In lieu of my regular column, I wish to give my four centavos to the statement made by the Philippine Association of Law Schools in connection with the ongoing controversy regarding the appointment of the next Supreme Court Chief Justice. Surprisingly, the statement does not harp on legalese but focuses on the need for statesmanship and sacrifice. The statement reads:

The Philippine Association of Law Schools (PALS) is the organization of all law schools in the country and represented by their respective deans. Aside from helping set the direction of Philippine legal education, we also see it as our primary mission to provide our input on important legal issues that will not only impact the administration of justice but the well-being of the nation as a whole. 

We have thoroughly studied the legal arguments for and against the authority of President Gloria Macapagal Arroyo to appoint the next Chief Justice of the Supreme Court upon the retirement of Chief Justice Reynato S. Puno on May 17, 2010. The pertinent provisions of the Constitution have been discussed in various newspaper articles and academic fora. We have also read and listened to legal luminaries and organizations and other sectors who have voiced out their positions on this issue, including former Supreme Court Justices and members of the Constitutional Commission. After taking all of these arguments into consideration, our organization has collectively come to the conclusion that it is not only unlawful but also improper for the President to make such an appointment.

However, we recognize that the current situation may not call for a purely legal solution. We are mindful of the extra-legal factors that surround this important appointment including allegations of impropriety and abuse of power in the past. Notwithstanding, we are deeply concerned that an improper appointment at this time would not only shatter the credibility of our Supreme Court but also erode our people’s faith and trust in the rule of law in our country. In this regard, we make specific calls for sacrifice and statesmanship to the principal players involved in the appointment process.

To the members of the Judicial and Bar Council: While we recognize your authority to vet and recommend appointees to the Judiciary, we urge you not to submit any list of recommendees to the position of Chief Justice to President Arroyo.

To the nominees to replace Chief Justice Puno: We implore you not to accept any appointment for otherwise, your office will always be under a cloud of doubt which, in turn, would tarnish the credibility of the High Court.

To the members of the Supreme Court: While we recognize that in our system of government, the Supreme Court is the final interpreter of what the Constitution and laws mean, we urge you to exercise such power judiciously and fairly. Remember that not only the eyes of lawyers and students (both present and future) are upon you, but that of the entire citizenry who look upon you to dispense impartial and wise justice that is not just legally sound but morally defensible.

To Chief Justice Puno: As the primus inter pares of the Supreme Court and the JBC until your retirement, we trust that in whatever you do, you will always have at heart the best, long term interest of the institution that you have so faithfully served. We will be fully supportive and respectful of whatever will be your decision to this situation.

And to President Arroyo: We urge you to act in accordance with the Constitution and not to make any government appointments after March 9, 2010, except temporary appointments to executive positions and only when continued vacancies therein will prejudice public service or endanger public safety. 

In closing, let us not forget that we are all but temporary stewards of the positions and offices we hold, and after all is said and done, we should never lose sight of our ultimate responsibility to our Maker and the greater loyalty we owe to the country that we all love.

The statement is signed by the following law deans:

President Raul Villanueva (Xavier University), EVP Amado Valdez (University of the East), VP-Luzon Emerson Aquende (Aquinas University), VP-Visayas Juana Judita Nafarrete (University of San Agustin Iloilo), VP-Mindanao Carlos Espero II (Cor Jesu College, Digos, Davao de Sur), Treasurer Hernando Perez, Jr. (University of Batangas), and Directors Ceasar Oracion (Saint Louis University), Lolita Quisumbing (Colegio De La Purisima Conception, Roxas City), Baldomero Estenzo (University of Cebu), Manuel Quibod (Ateneo de Davao University), Alex Monteclar (University of San Carlos) and yours truly (Far Eastern University).

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In addition to the statement above, I believe that the quote below is appropriate for the topic at hand.

“Cowardice asks the question, ‘Is it safe?’;

Expediency asks the question, ‘Is it political?’;

Vanity asks the question, ‘Is it popular?’;

And, conscience asks the question, ‘Is it right?’....

...But, there comes a time when one must take a position

that is neither safe, nor political, nor popular

but one must take it

 because one’s conscience tells one that it is right.”   — Martin Luther King, Jr

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