Readers Views: Supreme Court: The last refuge of scoundrels

The Supreme Court (SC) is supposed to be the court of last resort. As such, its magistrates should be the epitome of fairness, righteousness, integrity and honesty. Recent developments, however, has put the Supreme Court in bad light. Aside from the series of flip-flopping decisions, its chief magistrate is the subject of impeachment for culpable violation of the constitution and betrayal of public trust. The highest court of the land is under fire.

By invoking its judicial privilege, the Supreme Court has unwittingly obstructed justice   by not allowing its personnel to testify in the Senate sitting as an impeachment court. It swallowed its privilege hook, line and sinker. Even a lowly security guard who has nothing to do whatsoever with the administration or judicial function of the court is included in the list of personnel barred from testifying in the impeachment court. How can the search for truth be obtained if one co-equal branch does not cooperate? This only fuels speculation that it is protecting its own. Worse, it is perceived, rightly or wrongly, that it is hiding some skeletons in its closets under the guise of exercising the judicial privilege.

The issuance of temporary restraining order (TRO) on Corona’s dollar accounts has deprived the prosecution of presenting evidence to support its allegations in Article 2, non-disclosure and untruthful disclosure of his SALN. Citing as reason the confidentiality of foreign currency account, the Supreme Court issued a TRO against examining Corona’s dollar account with the Philippine Savings Bank although there is exemption when these accounts are subject to litigation, which they are. There is a dangerous precedent about this ruling. It provides corrupt officials a tip on how to hide ill-gotten wealth by simply converting their peso to dollar account.

During the impeachment trial, there were two witnesses from the Supreme Court who were about to testify. Their testimonies would have ascertained the time they served the TRO to the Department of Justice (DOJ) that could have paved the way for GMA’s escape from prosecution had the DOJ not defied the order. Before the witnesses were called to the witness stand, however, a text message came from the Supreme Court advising them not to testify anymore because the high court has issued a new ruling that prohibits its personnel from testifying. The witnesses left the Senate premises in haste without even extending courtesy of asking permission from the impeachment court. Such  blatant display of arrogance of the witnesses should have been a ground for contempt of court. But the Senate sitting as an impeachment court failed to assert its authority, yielding its power like a dog with a wagging tail.

As long as the Supreme Court is dominated by GMA-appointees, we cannot expect a fair ruling in cases involving graft and corruption committed under the previous administration. Forget about “matuwid na daan.” In this country, the forces of evil are more powerful than those who are trying to be good. GMA may look pitiful but this cute little lady is as gutsy as a fox. She knew she owed a great deal of debt against the Filipino people and who else will she turn to in times of reckoning but to those whom she appointed in higher positions in the government.

More people have lost faith in the Supreme Court and for a reason – justice under its dispensation is as good as cash. The Philippine Center for Investigative Journalism (PCIJ) came out with a special investigative report titled “Justice for Sale.” This report chronicled in details how a TRO can easily be obtained if the price is right. It alleged that a broker, a son of one of the magistrates, was responsible for wheeling and dealing with lawyers and litigants. But despite the obvious leads given by the report, no investigation was ever conducted. After months, the report was lost in the consciousness of the public.

The case of the stewards and stewardesses of the Philippine Airlines (PAL) was a big blow to the cause of labor. Under its union, FASAP, the case began more than 14 years ago when the flight personnel staged a strike for illegal dismissal. Fourteen years of agony suffered by these workers was somewhat abated when the Supreme Court decided in their favor. The jubilant workers jumped like chimpanzees in jubilation. Some have already incurred debts due to unemployment. Then all of a sudden the Supreme Court reversed its own decision by a mere letter of PAL’s legal counsel. The same flip-flopping decisions also happened to the 16 municipalities turned into cities and the proposed province of Dinagat. Imagine the cruelty of the Supreme Court on those affected by its rulings?  

Among the three co-equal branches of the government, the Supreme Court is the most unpopular and abhorred institution according to the surveys. The only way for its redemption is to cut off its head and tentacles. For as long as remnants of GMA’s reign of greed continue to dominate as majority decision-makers in the Supreme Court, corrupt officials with pending cases will always run into it for succor knowing that they will find their own match in those honorable men in robes. The Supreme Court has become the last refuge of scoundrels.