Was there anyone surprised by the Supreme Court’s ruling declaring the Philippine Truth Commission [PTC] unconstitutional? Even a cockeyed optimist could see this coming. Ten robed Arroyo loyalists once again voted like a devoted herd: CJ Renato Corona, Associate Justices Teresita Leonardo-de Castro, Arturo Brion, Presbitero Velasco, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Martin Villarama, Jose Perez, and Jose Mendoza.
Here are the facts. The same ten voted as one on four previous cases: 1) Status quo ante order to the House Committee on Justice on the impeachment of Ombudsman Merci Gutierrez; 2) Reinstatement of Bai Omera Dianalan Lucman as head of the National Commission on Muslim Filipinos in defiance of EO2 terminating Arroyo’s 200-plus midnight appointees; 3) Junking the plagiarism case against Del Castillo, the ponente of the comfort women’s sex slavery case by WWII Japanese soldiers; 4) Show-cause order on 37 UP law deans and professors who petitioned Del Castillo to resign on plagiarism charges. These same ten struck down the PTC.
CJ Corona asks that people suspend judgment until they have read the decision he penned. But no matter how you look at it, the actions of the highest court of the land seem to be tactics to protect the President who appointed them. Presently, there is no love lost between the judicial and executive branches. But if surveys are a measure of the people’s trust, P-Noy wins hands down. No amount of spin can arrest the declining ratings of the Supreme Court.
The Tribunal’s decisions on three other Aquino fiats are eagerly awaited. EO2 recalls the 200+ midnight appointments of the previous administration; EO3 revokes the Career Executive Service Officer rank conferred on government lawyers; and EO7 suspends the perks of GOCC officials. As the nation’s stomach turns, we wonder which side the Supreme Court is on: their benefactor or the Filipino people?
Atty. Gleoresty Guerra, Acting Chief of the SC’s Public Information Office called a press conference and stated that, “EO1 violates the equal protection clause of the Constitution inasmuch as it singles out for investigation the reports of graft and corruption in the previous administration”. Why did she address media when she hasn’t even read the decision yet, observed one savvy pundit? Most likely the reason is that the High Court wanted to read the degree of condemnation they would receive. Or if once again, they can get away with it and survive public rebuke.
Except for Sereno, all the justices are Arroyo appointees, prompting Guerra to add, “As you can see four of those who dissented are also her appointees. The justices resolved the case based on what they feel is correct and based on the law”. Evidently, she was refuting the recurring accusation that the tribunal was an “Arroyo court”.
Reviewing recent records, the more consistent dissenters were Associate Justices Ma. Lourdes Sereno and Conchita Carpio-Morales. Antonio Carpio and Eduardo Nachura were on leave for some of the cases. Roberto Abad, is a first time dissenter, perhaps pricked by conscience.
The reactions from several parties were as varied as they were predictable. The Arroyo allies in Congress, led by Minority Leader Edcel Lagman were ecstatic. They heralded the decision as “a signal of triumph of the rule of law.”
Joker Arroyo, the former Executive Secretary of Cory Aquino who has since joined the ranks of GMA defenders was pleased, “Right from the start, I took the position that it was unconstitutional”.
Security Guards’ Party list Representative, Mikey Arroyo, was his usual irrepressible self. “This is downright stupid. The Supreme Court decision had nothing to do with GMA. It all boils down to the legal and moral flaw of the proclamation creating the truth commission, particularly the constitutional provision on the equal protection clause,” he said in a text message. His mother thought it best to keep her happy thoughts to herself.
A veteran politician close to Erap also indicated their pleasure at this setback for former Supreme Court CJ Hilario Davide. Their camp has not forgiven or forgotten his role in installing GMA as Erap’s successor. Without a doubt, neither has Davide.
How is the PTC different from the Presidential Anti-Graft Commission (PAGC) created by Arroyo in April 2001 to “investigate and hear administrative cases and complaints against erring Presidential appointees and assist in the campaign against graft and corruption”?
In their petition against PTC, Lagman, Albano Jr., Datumanong and Fua Jr. called it an “exercise in futility” for duplicating the quasi-judicial powers of the Office of the Ombudsman and the Department of Justice.” This might hold water if the Ombudsman was actually doing her job!
They also said it was an “enterprise in partisan hostility” for engaging in selective and discriminatory pursuit of “truth and justice” solely against officials and personnel of the previous administration. Isn’t that exactly what PAGC set out to do but failed?
The Palace is determined to prove that GMA is not “untouchable” as Fr. Reyes concluded. They are exploring other ways to overcome the legal hurdle. P-Noy’s legal advisers, starting with ES Ochoa, have been panned as “underwhelming”. Retired Archbishop Oscar Cruz said with characteristic bluntness, “He [P-Noy] better reshuffle his Cabinet and get able ones. I pity them. They’re very incompetent”. Whistleblower Jun Lozada prays they can be “a little smarter in dealing with Arroyo’s roadblocks.” With the number of blunders from the ES’ office piling up in quick succession, P-Noy will have to confront the truth sooner than later.
The Gruesome Malicious Army scored one. But they must keep two steps ahead of truth for the next 5 1/2 years. That can exhaust energy and funding, and add to karmic comeback. After nine years of darkness, the prospect of having iniquities come to light must be terrifying. After nine years of impunity the probability of being held accountable must be petrifying.
Truth hurts but it’s supposed to set you free. Or not.
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