Silly challenge

EDITORIAL

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01/19/2010

Sen. Franklin Drilon has challenged the presidential contenders to make their positions clear on the issue of Gloria Arroyo’s appointment of the next chief justice of the high court, insisting still that it is unconstitutional of the incumbent chief executive to appoint the next CJ as midnight appointments are banned.

The Liberal Party (LP) standard bearer, Sen. Noynoy Aquino, has warned the Supreme Court (SC) that he would not recognize a Gloria-appointed SC CJ, and warned as well that he would fire any associate justice who accepts the Gloria appointment, and other associate justices who will support the Gloria appointed CJ.

Noynoy has refused to apologize for his crass remarks, and stands by what he says — even when it shows his ignorance and arrogance.

Even retired SC justices, in their position paper, have pointed to the ignorance of Aquino in issuing this warning.

But it really is a silly Drilon-issued challenge to the presidential contenders. Why should they take up this silly challenge when the proper thing for the presidential contenders to do is merely wait for the time she does appoint a CJ and when the SC resolves the issue, if it chooses to do so, when there is a cause of action, and if a complaint is lodged before the high court.

There is nothing, but nothing — except perhaps a waste of saliva — for the presidential contenders to make a stand on this issue and certainly, no one will be fool enough to support Noynoy Aquino’s stand on this issue, which has become a bigger issue because of his vow of kicking out any CJ appointed by Gloria, which boomeranged on him, since he certainly showed himself up as an arrogant ignoramus, not to mention his dictatorial tendencies.

Lawyers are never one in their opinion or views in any legal and constitutional issue. If they were, then obviously there would be no need for litigation, or even challenges in court.

Drilon is a lawyer, but just because he says a Gloria appointment of a CJ is deemed a midnight appointment and therefore an illegal and unconstitutional act and can be overturned by the next president does not mean that he is the authority on such legal matters. That is his opinion, and that opinion can be thrown out by the high court, if it ever rules on this specific issue.

There are also the so-called constitutionalists who openly support Drilon and Noynoy Aquino’s position. But even these constitutionalists are not automatically right. They do not sit in the high court and neither do they have a vote on this issue.

All these boil down to debates and arguments which are pretty useless at this time. Drilon says a Gloria appointed CJ can be impeached for culpable violation of the Constitution — evidently a damage control move on the stupidity of his presidential bet in stating that any associate justice who accepts the appointment takes that risk of being kicked out of the high court.

But reality says that no newly seated president can, in the first 90 days of his reign in Malacañang, get the Congress on his side for the purpose of impeaching a chief justice, and the grounds are shaky, too.

Reality also says that if Gloria does choose to appoint a CJ of her choice — with or without the list from the Judicial Bar and Council, she will do so when the seat of CJ Reynato Puno is vacated on May 17.

Even if there is already a winner in the presidential race proclaimed by that time, there is nothing that the new president can do until June 30.

In the meantime, the new CJ will have been functioning as the CJ for well over a month, and it is unrealistic to expect the justices of the high court to suddenly take up the issue amd divide the justices, who would also be seen by the public as lusting for that high seat. This would cause more destruction to the institution that is the high court.

The LPs and Noynoy won’t admit it, but this issue of the appointment of a chief justice by Gloria and not by the presumptuous and arrogant ignoramus called Noynoy Aquino is all about installing a chief justice who is politically aligned with the LP, and who will prove to be friendly to the new dispensation.

It is as simple as that.

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