Babe's Eye View article

There’s so much unnecessary controversy over the appointment of Rene Corona as the next Supreme Court Chief Justice which takes effect at midnight tomorrow. Obviously the main contention is that outgoing president GMA should not have made the appointment. However, Justice Corona went through the whole selection process up to the public hearing conducted in Baguio last month, and the Supreme Court had also ruled that the High Tribunal is exempt from the constitutional ban on appointments during elections.

Noynoy Aquino’s decision not to take his oath before Justice Corona is rather unfortunate. This will signal a negative start for his administration since after all, it’s merely a ceremonial tradition for the president-elect to take his oath of office before the Chief Justice of the Supreme Court.

Let’s not forget the Supreme Court is an independent and co-equal branch of government alongside the Executive and Legislative branches. Justice Corona’s appointment was legal and there’s nothing people can do about it. And as our friend Cito Beltran pointed out, “Gloria Macapagal Arroyo is the President in Office and the power to appoint is in her hands. Noynoy is not yet President and until he is sworn into office, he holds no official power.” Even Chiz Escudero, a Noynoy supporter, admits that the only way to remove any chief justice is through an impeachment, and even then, only if he commits what is deemed as an impeachable offense.

There have been a lot of instances wherein the Chief Justice had shown independence from the one who appointed him to the position, like former chief justice Art Panganiban and outgoing Chief Justice Reynato Puno who has unarguably done well during the entirety of his tenure.

The sterling record of Chief Justice Puno (who officially retires on his birthday tomorrow) as well as his initiatives and landmark rulings have made so much impact on the lives of poor, ordinary Filipinos. Under his watch, the Supreme Court promulgated the Writ of Amparo, a historic rule placing “the constitutional right to life, liberty and security above violation and threats of violation” by stripping the military of the so-called defense of deniability because it gives the families of the victims of extrajudicial killings and enforced disappearances the right to access information on their cases.

His compassion and passion for bringing justice to the poor was evident in the re-launching of the Justice on Wheels project—buses converted into mobile courts—going around the country, even in hard-to-reach areas, to hear criminal cases (many of them petty in nature) that have been dragging on for years. A lot of detainees over 70 years old have certainly benefited from this project, allowing many of them to spend the twilight of their years in freedom and with their families.

The establishment of the small claims courts pilot project also expedited the hearing of cases involving money claims not exceeding P100,000. Poor petitioners have benefited from this initiative because it does away with expensive and lengthy litigation since lawyers are not allowed during trial, and decisions are rendered on the first day of the hearing.

Two months ago, the SC came up with the Rules of Procedure for Environmental Cases or the “green rules”—the first of its kind in the world. Environmentalists lauded it as “one of the greatest gifts not just to Filipinos and the future of generations...but to our climate-challenged planet as well” because they provided a specific set of remedies to prevent harm or damage to the environment, again doing away with expensive litigation through “citizen suits” where the filing of court fees will only be made until after judgment has been rendered.

These are just some of the things that Chief Justice Puno has bequeathed the Filipino. I admire CJ Puno mostly for his dedication in bringing the courts closer to the people and enhancing their confidence in the country’s judicial system. Not many know that the Puno Court had imposed disciplinary actions on numerous erring court personnel, including an Associate Justice of the Court of Appeals who was dismissed for showing undue interest in a case. Appellate magistrates and trial court judges were either dismissed or suspended for various offenses. In fact, a former member of the high tribunal was suspended from his practice after being found liable for grave misconduct during his tenure.

Although some issues have also been thrown his way, CJ Puno is a man who lives and leads by example, his professional and private life serving as incontrovertible proof of his integrity and decency. He has been the recipient of numerous awards and accolades from various institutions (including the prestigious Elise and Walter A. Hass International Award given to distinguished University of California-Berkeley alumni which he will be receiving) and the Ulirang Ama award given by the National Mother’s Day and Father’s Day Foundation of the Philippines.

A lay preacher, Chief Justice Puno has worked very hard in bringing back the people’s trust and confidence in the judiciary, believing that laws should be “a powerful agent of development and social change” and that this power should be wielded to make a difference for good.

There was a move by a lot of groups especially from his “compañeros” to see Chief Justice Puno run for president, but apparently that was not written in the stars. We all certainly hope that Chief Justice Reynato Puno would continue to play an active role in our country, being a man who embodies the “moral force” that could help transform this country.