‘Supreme Court is indeed Arroyo court’

MALACANANG upheld that the Supreme Court (SC) can be called an “Arroyo Court” since President Gloria Macapagal-Arroyo appointed most of its justices.

“It is really Arroyo’s Court because most of them are appointed by the President, it just so happened that she needs to appoint because there were retirees and resignations,” deputy presidential spokesperson Charito Planas said in a press briefing Friday.

Planas meanwhile downplayed that “Arroyo Court” does not mean the SC serves at the pleasure of the President and will be accommodating to all her wishes.

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She said it has no difference to what was coined as Aquino and Marcos Constitution, which was named after two late presidents Corazon Aquino and Ferdinand Marcos, respectively.

The Palace official stressed that over the nine years of Arroyo’s presidency, it is inevitable to have no resignation or retirement in the justice system.

“She is the only appointing power. If she will not appoint there will be no Supreme Court justice,” she said, referring to the recently debated issue on the SC ruling allowing Arroyo to appoint the next chief justice.

There will be a vacancy in the SC after Chief Justice Reynato Puno retires on May 17.

“It seems that they have no trust to the appointees of the President and the decision of the SC,” Planas lamented.

Following the ruling of SC favoring the President, former Commission on Elections (Comelec) chairman Christian Monsod said he was not surprised since 14 justices were Arroyo appointees.

He added that the reputation of the SC has suffered and tarnished as most of the magistrates “serve the wishes of the President.”

‘Let them speak’

Several protests have been staged condemning the nine justices who voted in favor of Arroyo appointing Puno’s replacement.

Planas said they will not stop groups that want to stage rallies since it is their freedom to express their sentiments.

“It is their right to stage rally. We have no appeal to them if they continue to do it,” she said in Filipino.

She however said the public should also respect and abide by the decision of the SC.

Party-list group Kabataan, independent presidential candidate Senator Ma. Ana Consuelo "Jamby" Madrigal, senatorial candidate Akbayan Representative Ana Risa Hontiveros, Senator Francis Pangilinan, and Bayan Muna Representative Teddy Casiño staged a rally in front of the SC office in Manila.

Planas meanwhile encouraged those who are opposing the ruling of the SC to file a motion for reconsideration to be able to solve their issues in proper court.

“They have 15 days to file it and then we will wait for the decision of the SC if they deny or grant it,” she said.

The group of Pangilinan said they will be filing a motion for reconsideration against the SC decision. Liberal Party standard bearer Benigno “Noynoy” Aquino III said he will support the motion if filed.

Asked if the snowballing opposition would not lead to serious political instability, Planas defied, saying the rule of law would prevent any untoward event.

“Let the law takes its course,” she said.

Military uprising

The Armed Forces of the Philippines (AFP) also sought to downplay pronouncements of suspected coup plotter now senatorial bet Brigadier General Danilo Lim that the SC ruling over chief justice appointment has invited fresh military adventurisms.

In a press briefing in Camp Aguinaldo, AFP public affairs office chief Arnulfo Marcelo Burgos said there are no sign of restiveness or grumblings in the Armed Forces, contrary to what is being projected by Lim – a former chief of the Army’s First Scout Ranger Regiment.

“There is no restiveness in the military. There is no problem. Everyone is still adhering to the chain of command,” Burgos said.

He added that the military has an enhanced feedback mechanism from its officers and men owing to the modern technology. “Our troop information and education continue. There is no problem with our troops.”

Earlier, Lim said in a statement that the SC ruling was maneuvered by the Arroyo administration “o control the judiciary in its effort to avoid persecution for its high crimes against the people.”

“Mrs. Gloria Macapagal-Arroyo is inviting a new military uprising,” added Lim.

Lim said disgruntled officers and men are monitoring the current political developments and are restive over the SC ruling.

But Burgos countered that the military has matured much since the days when Lim figured military adventurisms – the last time was when he led the siege of the Manila Peninsula Hotel in Makati City in November 2007 and the failed plot to overthrow the Arroyo government in February 2006.

“The military is now very professional...The Armed Forces of the Philippines has transformed well enough. We’ve learned so much already,” said Burgos, while adding that military personnel would not join any future upheavals “because they know where they are going.”

Burgos noted that the officers and men who ended up in jail, many of them even discharged, for involvement in military adventurisms.

“Our experiences have taught us a lot of lessons that we should adhere to the chain of command of the Armed Forces of the Philippines so that you will never go wrong….(They know the) repercussions and the consequences of their action. They know our experiences before you already know where those involved in adventurism ended up. The safest thing to do is to follow, adhere to the chain of command.”

Lim’s statement

In a statement circulated to media, Lim believed that some restive elements in the military are “closely monitoring” the developments in the so-called “Arroyo Court,” where all but Puno are her appointees.

“Can we blame the ordinary soldier? When the judiciary is anything but luminous, when the legislature is the plaything of Malacanang and when our poll body is widely perceived as a cheating apparatus, can we fault the ordinary soldier if he decided to heed his conscience and rise up?” he asked.

But Lim was quick to distance himself from the possibility of new military uprising, saying that he has taken another path to “pursue his advocacy for social change.”

“I have already done my part and I have no regrets. While ‘a new rising’ may not come from our end, I am certain, as long as this government is in power and continues to rule with total disregard for our democratic institutions, the possibility of a soldier’s revolt is always there,” he said.

He added that the recent decision is a ploy by the government “to control the judiciary in its effort to avoid persecution for its high crimes against the people.”

Lim however called on the SC to reverse the decision unless the justices wanted “to witness an uprising powered by the people and military.”

The bemedalled officer is facing rebellion charges in connection with the November 2007 standoff at the Manila Peninsula Hotel in Makati City and also faces charges of mutiny before a military court in connection with the February 2006 coup.

Opposition senators

Meanwhile, reelectionist Senator Pia Cayetano has joined other opposition senators in denouncing the SC decision.

“I don't agree with the Supreme Court's decision. The High Court has already ruled in 1998 that the president cannot make appointments to the courts, nor be required to do so two months immediately before the next presidential elections and up to the end of his or her term. It is disappointing that the SC has taken a different position and reversed long-standing jurisprudence,” she stated.

Earlier, senators Mar Roxas, Manny Villar, and Francis "Chiz" Escudero slammed the ruling.

Together with Lim, the Nacionalista Party senatorial bet hoped that the SC will reverse itself “given that it is not a unanimous decision.”

The SC in a 9-1-3 decision ruled on Wednesday that President Arroyo’s appointment of the next Chief Justice is not a “midnight appointment.”

The High Court has asked the Judicial and Bar Council (JBC) to submit the shortlist of nominees to Arroyo on or before Puno’s retirement on May 17. (Jill Beltran/Virgil Lopez/VR/Sunnex)