Checkmate!

Like blitz chess moves on steroids, the events of the last few days were riveting. In a brilliant and surprising tactic, the warrant of arrest issued on GMA effectively quashed the Supreme Court’s TRO, its denial of the motion for reconsideration rendered moot and academic. Even the threat to hold Sec. Leila de Lima in contempt sounds hollow. Unless the rules of the game are changed, the former president and the “Coronarroyo” court are in poor form for this match. Arroyo’s blacks need a fresh strategy to outmaneuver Aquino’s whites.

Equally amazing is how quickly the rah-rah boys and girls change their tune. To overturn DOJ’s watch-list order on the Arroyos, they first brandished humanitarian reasons and the constitutional right of every citizen to travel. They also argued that since the government was too slow and inept to gather enough evidence to file a proper case against their sick queen, they shouldn’t hold her. The Arroyos were quick to denounce the legal basis for DOJ’s action as wrong and unfair, conveniently omitting the fact that Circular No.41 was issued by Justice Secretary Alberto Agra on her behest. Her own fabrication has been applied to Petitioner Gloria Arroyo. Talk about poetic justice!

The most overused phrase in this play-off was “rule of law”. But its proponents seem to forget that the principle was intended to serve society by upholding law and order and providing predictable and efficient judgment. To uphold the rule of law, it must not rely on any individual’s discretion even if he happens to be the chief justice. The premise is that the arbiter is trustworthy and fair, that he would abide by the legal maxim equally in black and white. But so far the only predictable judgments that have come out of “Otso Arroyo” consistently favor she-who-robed-them. Never mind the probability that she-who-robbed the 2007 election might get away with a capital crime. And therein lies the rub.      

A credible source revealed that CJ Corona had indeed cut short his US trip when he was summoned by the beleaguered Arroyos. Like a promoted pawn that is easy to sacrifice, he sadly but dutifully disposed of his precious Pacquiao VIP tickets to save his queen. Aiming to please, Corona and cohorts jumped two squares in one move, hastily handing down a TRO without bothering to hear the side of the State. Previously, he also issued a TRO allowing Mike Arroyo to travel, in effect castling the King thus earning the pet name Coronarroyo.

In Justice Sereno’s dissenting opinion she cautioned, “So strong is the requirement of truthful allegations in pleadings…that many adverse inferences and disciplinary measures can be imposed against a person lying… especially important when a provisional remedy… is under consideration by the Court. When on its face, the material averments of a pleading contain self-contradictions, the least that the Court should do, is consider the other side of the claim. This is the situation with the Petition of former President Gloria Macapagal-Arroyo. It appears that she has given inconsistent, and probably untruthful statements before this Court.”

Sereno also cited that although GMA’s purpose for travel was to alleviate her critical medical condition, she proposes to attend global conferences in US and Geneva thereby belying the claimed life-threatening emergency. The prayer was to consult medical experts in three nations, but her petition covered seven countries. 

Even the man-on-the-street was incredulous and suspicious. Front page photos of Madame sans make-up, wearing hospital robes with neck braces failed to get sympathy as an overwhelming majority supported Sec. de Lima’s courageous stance to bar her exit. The well-orchestrated media support that covered her botched attempt to board SIA was met with public disdain. GMA has finally exhausted the Filipino’s seemingly inexhaustible supply of empathy and goodwill.

Now two new plays are being mounted: the specter of constitutional crisis and the legality of the joint COMELEC-DOJ panel that recommended prosecution for alleged electoral fraud. On the first point, two notable senators are rebuking the Palace for provoking the war between the executive and judiciary. One is an architect of Martial Law and an alleged accomplice in seven past coup plots. The other was a former idealistic advocate turned pragmatic GMA-apologist. Should their mutterings be taken seriously? Can they play “statesman” if they don’t do as they preach?

The rule of law is meaningless and useless where a proper judiciary is missing. To correctly exercise its jurisdiction as a co-equal branch of government, three components must be present: commitment to sound ideals, technical competence and institutional (and therefore, personal) independence. Majority of the Tribunal seems to be inadequate in all three counts.

“Right is right and wrong is wrong. Let justice be done though the heavens fall. When everything is said and done, there is no better defense than the balm of a good conscience. Beyond this, an upright and God-fearing magistrate can do no more…And as long as that scale tilts neither to one side nor the other, that is the assurance that our democracy is alive and our system of justice deserves the people’s trust.” The Chief Justice himself mouthed the edifying rhetoric before he earned the label “Coronarroyo” and plunged to zero trust. If only he lived by his words.

Even if the Justices were presumed to have acted in conformity with clearly defined and properly enacted laws, if it does not follow the unwritten, universal principles of fairness, morality and justice — their judgment would be deemed impaired. When the Tribunal loses its moral ascendancy and can no longer be trusted by its constituents to enforce what is right, the “Rule according to a Higher Law” should prevail. This is the Law more valued than the rule of law.

This political tournament is nearing the endgame. The most unacceptable finale for the Filipino people is a stalemate between Arroyo’s blacks and Aquino’s whites. Justice demands accountability across the board, from pawn to Queen.

It must be checkmate — nowhere to go but down.

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