Harold S.

Mape Constitutional Law II

USC LLB I / Room 410 Judge Estela Alma Singco
Critique Paper
The Powerful Court: Impact, Consequences and Implications on the Rule of Law in the
Philippines by Dean Joan S. Largo

The title speaks for itself. Dean Joan Largos talk revolved around the strength of the
Courts of law in the Philippines and how far more empowered and advanced it is than the Courts
of Law not only with its neighboring countries but with the rest of the world as well. The talk
was subdivided into different parts which first described the concept of the Rule of Law and the
theories behind it. It then tackled on the Rule of Law in Developed Countries and in Asia before
heading on our own countrys concept of the Rule of Law. It was then followed by a background
on the Philippine Judiciary and how it applies the Rule of Law. Lastly, it concluded on one
important aspect of Rule of Law in the Philippines which is the Courts power of Judicial
Review.

An analysis of the talk simply suggests that the Philippines have a very powerful Court
due to the powers vested to it by virtue of the 1987 Constitution and such powers may be either
beneficial or detrimental to the state. The main points that emanated from the discussion are: (1)
A more Empowered Court now than in the past; (2) the question of harmonizing an appointed
Court as to its being anti-majoritarian with its power to review elective officials; (3) the concept
of Judicial Review and its pros and cons. First, by virtue of the powers vested by the 1987
Constitution, the Courts of Law that the Philippines has have become so powerful that it may be
either bad or good for the state. The speaker specifically pointed out the reason behind such
empowerment by taking its roots upon the Marcos Regime which greatly undermined the
concept of Rule of Law in the Philippines. It is by that reason that the Constitutional
Commission drafted the 1987 Constitution which gave the Supreme Court an enhanced power
through the concept of Judicial Review and the popular phrase of Grave Abuse of Discretion
amounting to lack or excess of Jurisdiction. Such power enabled the Judicial Branch to check on
the other two branches of the government without violating the doctrine of Separation of Powers.
However, upon moving to the next point, a popular question was raised by the speaker herself on
why such an appointed group of officials such as the Supreme Court Justices were allowed to
check on elective officials specifically pertaining to members of both the Executive and the
Legislative branches of the government. Lastly, it tackled on the reason why the Philippines
Judicial branch is a unique one for it is but only one Court that has the power of review acts of
other branches and reverse decisions by such bodies if found that they committed Grave Abuse
of Discretion. However, the speaker enunciated that such power may also be a great threat for it
may also be subjected to abuse by the possessors of it and posed by a question of who watches
the watchers. Be that as it may, the Philippine Judicial system has all the machineries and power
that may serve to the benefit and development of the Philippines and the Filipino people.
Moreover, as part of the ceremony, it was then followed by special remarks by well-respected
members of the business industry in Cebu City and their comments can be summarized in the
following points: (1) how does the Rule of Law serve the poor? (2) The clogging of Court
dockets and the mandate of Speedy disposition of cases not being met; (3) Conflict of Rule of
Law with Business investments. The most controversial issue raised for improving the Rule of
Law in the Philippines is how is justice being served for an ordinary layman especially the poor?
Yes, it has been the long concern of the judicial branch, however, since time immemorial such
issue never changed. Second is the delay instead of speedy disposition of cases which then
further results to impracticability of filing suits. One critic said that it took him several years to
file for his naturalization. Lastly, the law specifically labor laws being impractical for business
investors resulting to hesitations specifically from foreign investors. Simply restating, our laws
drive away foreign investors instead of welcoming them.

On my own point of view, I found the lecture as very informative especially on the main
concept of the rule of law. For an ordinary layman, it would readily give you a positive outlook
towards the judiciary and enhance your trust towards such branch of the government. However,
what moved me the most was the remarks of the men coming from the business sector. I share
and heavily concur with what they mentioned regarding the problems of our own judiciary
despite the enhanced powers it has as vested by the 1987 Constitution. I share their sentiments
that ordinary men see the Court as very impractical due to the heavy delay it has towards the
disposition of cases. It is sad to note that since then it has been a great predicament of the
Judiciary which until now has yet to be resolved which in a way results to a weakened trust and
confidence towards our Courts of Justice. Further, I then also adhere with their opinion of the
Courts of Justice being accessible only for the rich which in turn becomes discriminatory in the
eyes of the poor. Indeed such opinion reflects the reality of life where only the rich gains more in
law because they are the ones that can afford those attorneys so-called Abogado de Campanilla.
Such is the problem because the Constitution mandates otherwise where the less in life should
have more in law but as mentioned reality-wise such does not exists. In my own opinion, Rule of
Law in the Philippines is merely substantial but lacks strict implementation. As my old professor
in Political Science taught us that the Philippines have a very comprehensive set of Laws
however, it is undermined by the fact that both people and the government have only themselves
to blame, lack of respect and compliance by the former and lack of will and implementation by
the latter. In my own point of view, the problem really lies between balancing Democracy on
one-hand and the Rule of Law on the other. There is a great contradiction between the two terms
which is in dire need of harmonizing. The question I aim to pose here is that is it not that
enhancing the other results to renouncing the other? I mean if we are to impose strictly the Rule
of Law then there is a great probability that we have to surrender some of our freedoms, is it not?
However, reality-wise what exist in the Philippines is that everyone tries to impose that we are a
Democratic nation and by that we greatly value freedom and as a result, we tend to undermine
the Rule of Law. We should not forget that we are a government of laws and not of men.

As a whole, the entire talk was able to deliver what the title of the lecture suggests. Also,
the talk was very exhaustive so as to take the concept of Rule of Law on different viewpoints
such as on the theoretical viewpoint, various state viewpoints and on grassroots viewpoint. It
great portrayed the strength of our own Judiciary and how it was far more advanced than other
states. Lastly, the talk provided a venue on where our Judiciary needs to be improved so as to
cover the loopholes and flaws in order to best serve its purpose of providing the Filipino nation
and the Filipino people, justice. Justice which is equal and accessible to all, may it be the rich or
the poor.