Rayos del Sol, Bettina Jean E. 2011-78910 Block C Prof.

Dante Gatmaytan Politicisation, Legitimacy, and Accountability: Metaconstitutional Checks on the Supreme Court A Reaction Paper The Supreme Court is supposedly a revered institutionthe defender of the oppressed against an inherently unjust society proliferating with biases, greed, and power hunger. It does not favor anyone except those in the right. Justice is its lifeblood and its essence is righteousness. However, recent events in the past few decades (since Javellana) served as a catalyst to degrade this formerly noble reputation of the Court. It no longer shocks the common man to see the Supreme Court siding with the President, deciding cases to accommodate the Ones In Powers selfish agenda, affirming the rights of the elite as more worthy than the ordinary mans, and committing other dastardly deeds against equality that would make the past justices turn in their graves. The public accountability of the Court, which is a constitutionally mandated duty, has become a joke and an exercise of puppetry. Public accountability has been replaced with self-serving propaganda. This lecture acknowledged that exactly: the glaring imperfections of a supposedly fair and impartial Supreme Court. The Supreme Court no longer reigns supreme in the consciousness of the Filipino people. Not surprisingly so, after the string of controversial cases it decided in a disappointing way. The separation of powers is not manifest in the Supreme Court we have today, and the population knows it. This bending of the Court to suit the will of the mighty is a grave disrespect to its bosses: the Filipino people. Who can they run to now? Who will see to it that their rights are respected? Certainly not the

Supreme Court anymore, if it continues upholding justice only for the powerful. The Court must show some backbone again to regain the publics trust and respect, the two vital ingredients in a genuine democracy. The legal situation of our country will be jeopardized once the public finally loses respect in this once-esteemed tribunal. The constitutional lines that limit power will now be blurred, and justice will be lost in that system. That would be tantamount to anarchy. We see how the aggrieved citizens demonstrate their contempt everyday: organizations contesting the Courts decisions through rallies, groups issuing statements against the Court, and even in private discourse with any concerned Filipino person. It is alarming that the public opinion towards the Supreme Court has changed so drastically and dipped so low: from hero to zero. The good thing about this situation is that citizens are no longer pawns of the State, submitting blindly to its decisions and accepting them wholeheartedly as doctrine without exercising their own brains. Their united response against the Courts conduct suggests that they are no longer apathetic and that they still hope and hunger for real justice. With people like these, I am optimistic that there can still be change in the judiciarys method of siding with the powerful to remain in power. All hope is not yet lost, as long as there are still those in existence who care and advocate for real fairness. All it takes is a superior and genuine political will to motivate action. The Court is composed of peopleand like any other person, these justices are also prone to temptations, greed, and other kinds of poison. This however, does not excuse them from succumbing to sin. They, of all people, should be resistant to political pressure from the other branches of government. That is what the separation of powers is for. The Judiciary is the ultimate checker of abuses, and they should never depart from this function by condoning the deplorable acts of some officials. This situation can still be remedied, though it will be a long, arduous journey that starts with the selection of the proper people who cannot be corrupted. The lost trust will be hard to regain. A disappointed

public will continue to count mistakes; after all, what is the Supreme Court if not public property? The role of the population should not be discounted, too. They are as powerful as those in the executive or legislative, if not more. The people are the makers of the Constitution, and in them resides the power to hold erring public officials accountable for their acts. When acting with solidarity towards a single objective, a seemingly impossible task can be achieved. History tells us that collective action has been successful in our country through the EDSA Revolution that deposed a dictator, so this task cannot be too daunting for a people who advocate genuine justice. We citizens have to be more watchful of abuses. We should not turn our backs on blatant corruption and we should assert our right to justice. Once the voice of the people becomes loud enough, those in power will realize that they can no longer hide from the public. Maybe then justice can really be served to the needy.