Unusual

EDITORIAL

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04/20/2010

The Judicial and Bar Council is today being praised — almost to high heavens — by the usual civil society types, for asserting its “independence,” and on the basis of its position on the issue of both the grant of the high court to the incumbent Malacañang tenant the authority to name the next Chief Justice and the court’s order for the JBC to submit the list of nominees to Malacañang for the CJ’s post.

To recall, it was the Supreme Court (SC) that called on the JBC to give its comment. Stated differently, it was not a voluntary act on the part of the JBC in coming up with its position, as the body was merely following that which the SC had ordered it to do.

The JBC has taken the position of two SC justices who took the view that the issue is “premature.” But the JBC also made it clear that whatever is the final decision of the high court, it will comply with it.

Is this then already a display of independence from the JBC? Hardly that, but it does take the heat off the JBC for the moment as it continues to bask in the praises of its so-called independence.

What the body has done is to merely create the impression that it is now asserting its independence. The body even went to the extent of having Justice Secretary Alberto Agra coming up with the statement that it may come to a point where the JBC cannot submit a list to Gloria Arroyo, if there are not enough nominees, following the withdrawal of two SC associate justices from the SC CJ race.

That statement was obviously part of the JBC script to enhance its “credibility” and “independence.”

Obvious, because it was already given that SC Senior Associate Justices Antonio Carpio and his cousin, Conchita Carpio-Morales, would not be joining the race, and pressing on the issue of the SC ruling granting Gloria the power to name the next CJ as unconstitutional.

Obvious, because there certainly was more than just three justice-nominees, even with the Carpios out of the picture. The other nominees had not withdrawn from the SC race and there was therefore no need for such a statement from Agra.

But there is something very strange about the two Carpios taking every opportunity to press their position against the SC ruling and insisting on its unconstitutionality.

In the first place, the two SC justices inhibited themselves from the SC deliberation and decision, in which case, judicial courtesy would require the two cousins to merely remain silent, after they had withdrawn from the race on account of their belief that it should be the next president who should appoint the next CJ.

In the second place, with the minority in the SC losing the vote on the issue, and with the majority having ruled, albeit, not with finality yet on the issue, the two cousins would have shown a strong democratic vein had they kept silent on the issue. After all, the SC is a collegial body and in a democracy, it is always the majority that always wins and rules, wrongly or rightly.

It is usual that when SC justices lose the vote and form part of the minority in a high court decision — any decision — one does not hear anymore on whatever issue that has been decided by the majority from the minority justices, apart from their official dissension.

Take the case of the two justices who said that the petition should be dismissed for its being premature. One no longer publicly heard from them on the issue of this controversy.

Or take other controversial issues in the past which has been ruled by the SC — including the executive privilege, which was overturned by the high court and favored Gloria Arroyo and her gag order.

The justices who voted against the overturning of the earlier ruling on executive privilege all remained silent, after making public their official positions, as stated in their dissensions.

Yet today, the issue is being fueled, and by the Carpio supporters who want to see SC Justice Carpio as the CJ.

But in the end, the issue will have to die out, when the high court issues a final ruling — upholding the decision, or reversing it.

And the JBC, whoever wins the presidency, will hardly ever become an independent body due to its composition.

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