Hoist by Noy’s own petard
It may have been easy for Noynoy to kick out former Chief Justice (CJ) Renato Corona from his top post through an impeachment and a conviction, despite there having been no impeachable crime proved in the Senate trial against him.
But it won’t be that easy for Noynoy to fight public perception that, with his appointee for the Chief Justice post to replace Corona, that appointee not only would be under his direction and control, but also that the entire Supreme Court (SC) will be seen as an adjunct of Malacañang and subservient to the the president.
The reason stems from the fact that Noynoy is now hoisted by his own petard. The means with which he used to harm his foes, has returned to harm him greatly.
He and his allies — many of whom are nominees and applicants for the top judicial post — have always claimed that Corona, being an appointee of Gloria Arroyo, was under her direction and control, to the point of even claiming that he, as CJ, exerted great influence and control over the other justices to do his, and Gloria’s bidding and that the SC was an Arroyo court.
What does that make of his appointment of his preferred candidate for the SC post, since he would obviously have to appoint someone he knows would be Noynoy friendly?
As can be gleaned, his three appointees in the high court have too many times decided in Noynoy and his Palace’s favor. Acting CJ Antonio Carpio has also been known to rule for Noynoy and the executive branch, through his dissent. Today, Carpio tries to paint an image of himself as an independent jurist, now saying that a presidential appointee does not necessarily mean that the appointee loses his independence.
Leila de Lima, the self-proclaimed best bet for the top judicial post, also claims she can be independent, if she becomes the Chief Justice, adding that she has proven her independence when she was the chairman of the Commission on Human Rights (CHR).
Truth is, as CHR chairman, De Lima mostly ruled through press releases to portray herself as an independent officer. Yet the record shows that she failed to file complaints against the military and police who stood accused of violating human rights as well as those alleged as having summarily executed too many victims.
And as Noynoy’s Justice chief, certainly, she has proved her utter subservience to him — to the point of not bothering to probe the DFA-claimed forged travel documents that Sen. Panfilo Lacson, then a fugitive from justice, carried with him to enter the country. And she does what Noynoy wants. She rushes compliants against his foes, even in the absence of evidence.
She, along with Carpio and Justice Sereno, who also hopes to be appointed by Noynoy, claims that she can be the unifying factor in the SC, even as she had openly defied the SC’s order too many times.
How can anyone of them even be seen as a healer in the SC, when they were actively participating in destroying and demonizing not only the CJ but the very institution they are mandated to defend and position they all seek today?
These applicants and nominees hoping to get the top judicial post fail to see the pitfalls and the loss of independence after the ouster of a Chief Justice that may occur under a new president — as Noynoy will hardly be in Malacañang after 2016.
As it has been already been shown that a president, using the bribe of pork barrel to get a CJ or even any SC justice impeached and convicted, can easily bring an ouster abou0t, there can no longer be any guarantees of a fixed tenure in a constitutional body.
This is the reason that whoever is appointed by the president, will always be under pressure to please the Malacañang occupant and decide in his favor, to keep his job.
After all, the way the Judicial and Bar Council is constituted, most of whom are his alllies and appointees, he can always get its members to come up with the list he wants and appoint whom he wants.
The reality is that whoever Noynoy appoints, that appointee will always be seen as being his lackey, as he has used that argument to get Corona out.
He used this weapon to destroy his foe. Now that same weapon destroys him and his appointed Chief Justice.
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