President Aquino may have received a lot of flak for saying he is open to Charter change to clip the powers of the judiciary. But there are also those who agree with him in his belief that the judiciary wields power with little restraint.
Investors are among those who have expressed concern about what the President describes as judicial overreach. Combined with corruption in the judiciary, the problem weakens regulatory systems and makes business contracts so unreliable. With certain decisions in the recent past, the Supreme Court has also raised the specter of perpetual litigation. All of these problems weaken the rule of law and weigh down national competitiveness.
While asserting the independence of a co-equal branch of government, the judiciary should also acknowledge that there are a lot of problems that need fixing, starting with the notoriously slow pace of Philippine justice. Last week Chief Justice Maria Lourdes Sereno refused to pick a fight with the President despite his incessant criticism of the SC. Sereno also reassured the public that reforms are underway in the judiciary.
The few justices appointed by the President to the SC have so far given the public a pleasant surprise by showing independence from the appointing power. The same is expected of the latest appointee, Francis Jardeleza, whose independence, which has not yet been tested, will be scrutinized in the light of his previous job as solicitor general. Jardeleza may have to inhibit himself from some of the raging issues brought before the SC.
Following Jardeleza’s appointment, the three branches of government may have to discuss a better way of picking magistrates, to insulate the process from politics and create a meritocracy within the judiciary.
Sereno made the right noises last week, about the role of the judiciary and the housecleaning that is being undertaken. The effort is welcome but there’s still a long way to go.