Editorial: Repudiating political traditions
Friday, March 19, 2010
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ON the ground that Philippine democracy is a clone of that of the United States, and that its political ideology is founded on a balanced three-branches of
government—the executive, legislative, and judiciary—any effort to make one branch appear dominant over the other would make the whole system wobbly.
Thus, the recent decision of the Supreme Court to allow President Arroyo to appoint the next chief justice after the incumbent retires in May has greatly aroused public concern.
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Consider that the current SC membership is being perceived as having been gravely politicized because most of its members are Arroyo appointees.
Repudiation
The issue there is whether it is ethically correct or not on the part of an outgoing president to appoint a new chief justice just days after the next elections when a new chief executive shall have been voted into office.
That majority of the justices have taken it upon themselves to decide in favor of President Arroyo has stirred people who believe otherwise.
This has buttressed the public view that rather than stand on the traditional high ground of the Court’s past decision, majority of the justices have instead systematically repudiated a number of political traditions.
An example is when the SC decided earlier that appointive officials can continue to serve even after they have filed their certificate of candidacy.
Not required
Some sectors have argued that the Court decision was premature since the President has not appointed anybody yet, hence there is nothing yet to contest.
Others cited former chief justice Andres Narvasa, who ruled during his stint that “an outgoing president is neither required to make appointments to the courts nor allowed to do so.”
The point at issue here, however, is the way the SC has been drawn into making decisions that affect the common welfare when it is not administratively required to do so.
Besides, the Chief Justice, in going into “sabbatical and wellness” leave, has appointed the most senior member of the High Court as its head, thereby showing that the court can still function once the chief justice post becomes temporarily vacant in May.
