Flirting with disaster
There is something wrong in the insistence that all Arroyo appointees in the Supreme Court cannot be expected to rule against her because that is selective application of imputations of bias.
How can anyone with a fair sense of thinking say that and then ignore the fact that there are now also three Noynoy appointees in the same Supreme Court? If Arroyo appointees cannot rule against her, then by the same token Noynoy appointees cannot but rule in his favor.
You just cannot apply the same rule differently, depending on who you choose to apply it. As they say, what is good for the goose is also good for the gander. That is why it is wrong for anyone to use appointing power as the only measure to determine judicial independence.
Such a view is hypocritical. We cannot demand that all Arroyo appointees to the Supreme Court inhibit themselves from cases involving her and stop there. We must go on and make the same demand of the Noynoy appointees. For all Arroyo cases are Noynoy cases as well.
But that leaves us with a big problem. Because after we satisfy this hypocritical lust, there will be no Supreme Court left. In fact, this could set off an orgy of prejudice that might wipe out the entire judicial system.
Every judge and justice at all levels of the judicial system has been appointed by one president or another. If we use the measure the hypocrites want to impose, then there is no way to go but assume that every judge and justice in the land has been compromised from the start.
That is an unfair and grossly erroneous way of looking at and assessing the capability of our magistrates to dispense justice. It not only assails their wisdom and independence, it also assails their character and integrity.
Not every judge and justice is willing to be led by the nose by his appointing power. Not every judge and justice is willing to compromise the nobility of his calling and the integrity of his person.
Judges and justices who know what true sense of gratitude means will instead work hard not to tarnish the awesome responsibility entrusted for his disposal. Only by being true to the expectations of his calling can he ever hope to repay the trust the nation reposes in him.
One cannot mindlessly tarnish the Arroyo appointees without getting some of the mud splashed on the faces of the Noynoy appointees. And from there it will be a mud fight all the way down the chain, till the last anonymous judge gets crippled by mindless prejudice.
And that is where the danger really lies. Noynoy himself could assume the judicial powers of the courts in an undeclared dictatorship. This early if fact, he is already beginning to show the signs of an authoritarian streak.
It is chilling to hear Noynoy declare Supreme Court decisions wrong simply because they are not to his liking, that decisions that go against his interests are stumbling blocks to the performance of his job.
If that is the way Noynoy is going to lead this nation, then why doesn’t he cut through the chase and drop all pretenses. Spare us the hypocrisy, Noy, and just declare yourself as a dictator. That way there will be no ambiguity and we will know precisely where we are.
If we become a dictatorship, no problem. We are resilient enough to cope. Besides, we have had plenty of practice. Ever since we tinkered with people power, we have not had a moment of peace. Everything has come under constant threat of being overrun and overruled by mobs.
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