Inside the SC: When loyalty comes before the law_ (REFERENCE)

Inside the SC: When loyalty comes before the law source of article http://www.gmanetwork.com/news/lifestyle/artandculture/186814/inside-the-sc-when-loyalty-comes-before-the-law/story/ Published March 23, 2010 2:15pm  By YASMIN ARQUIZA, GMANews.TV A review of Shadow of Doubt, Marites Dañguilan Vitug's book-length investigation of the Supreme Court.  Good journalists and judges have some things in common. They have to pore over mountains of evidence and interview dozens of people to write good stories and decisions. They have to be brave, as onion-skinned people who are affected by their actions may get back at them in sinister ways. They are not elected, but there are times when they do a better job in upholding the public interest than the politicians whom the voters (often unwisely) have chosen. Marites Dañguilan Vitug is one such good journalist, and the subject of her latest book is not likely to be pleased with her work. This time around, in Shadow of Doubt, she takes aim at the hallowed halls of the Supreme Court, and finds that the institution has not escaped the corruption that has weakened the two other branches of government. While the book goes into the workings of the Supreme Court, its narrative really focuses on the personalities that have filled its secretive confines in recent years. It is a depressing read, and if you’re already seeing the Philippines as a half-empty cup, this book just might drain the little optimism you have left for this country. In great detail, the author shows how loyalty to former bosses, peers, the appointing authority, church, and family has clouded what are supposed to be impartial and independent decisions by the people who comprise our court of last resort. The book bolsters the widely held view that the rule of law is a pipe dream for the Philippines, where the culture of “personalan" is more highly valued than professionalism. The book recounts the voting record of the most recent crop of Supreme Court justices, and traces their flip-flopping stance to various personal interests. Many of the unsavory parts are devoted to Supreme Court Justice Presbitero Velasco Jr., who has filed a libel case against Vitug for her series of articles based on her book and posted on the Newsbreak website. The author also paints a particularly unflattering portrait of the current chief justice, who has gone on a high-profile campaign to create a “moral force" and highlight the problem of extrajudicial killings in the last three years. In damning prose, Vitug reminds the reader that in the not-too-distant past, Chief Justice Reynaldo Puno had strong ties to the martial law era. And despite his ascension to the highest position in the judiciary, it seems he has not been able to shake off his association with high-stakes lawyer Estelito Mendoza, particularly in handling the cases of Marcos crony Eduardo Cojuangco. More disturbingly, the author reports Puno’s involvement in shadowy talks for a transition government in the event of a failure of the May elections. She is more forgiving of Puno’s predecessors, Artemio Panganiban and Hilario Davide, Jr. The independent stance of Panganiban during his brief tenure and Davide’s efforts to improve the facilities of the Supreme Court in keeping with its lofty position in society are some of the more positive sections of the book. Nonetheless, she also reveals Davide’s pivotal role in the rise to power of President Gloria Macapagal-Arroyo, who is as much to blame for the scandals in the high court as the Justices themselves. Towards the end of the book, there is a comparison of the two leading contenders for the position of Chief Justice when Puno retires, and here, the author’s bias slips out. If the president follows the tradition of seniority, which she says was observed for much of the Supreme Court’s history except during martial law, it should be the reform-minded Justice Antonio Carpio who will succeed Puno. Several pages are devoted to the sterling qualities of Carpio, practically making the case for his assumption of the exalted office. In contrast, little is said about palace favorite Justice Renato Corona, who is expected to be Arroyo’s choice if and when she takes the opportunity recently granted her by a controversial Supreme Court decision. At times, the book reads like a lifestyle column: who didn’t show up at which reception, who omitted the all-important word “integrity" at whose retirement party, which Justice disliked the others. And although helpful, there is something wrong with a few dates and positions in the list of Supreme Court Justices in the back of the book. But such minor glitches would be quibbling really, in light of the daring and enterprise that it took to write the book. Those who are familiar with the author’s previous work will find the style of writing here a refreshing departure from her often inaccessible analytical pieces. This time, the tone is more breezy and conversational, without losing the authoritative tenor that prevails in most of the chapters. While much of the book exposes scandalous demeanor among the supposedly esteemed members of the high court, it also reveals the unseen heroism of many hard-working Justices who have to grapple with heavy caseloads, write long decisions, and sit for long hours to listen to oral arguments during en banc hearings. A dose of sympathy will surely go out to the Justices who actually do their job, even as much scorn will likely be heaped on those who abused their positions. As the country waits to see how the Chief Justice impasse is resolved, the members of the Supreme Court would do well to reflect on this quote from their retired colleague Justice Vicente Mendoza: “The real authority of a judge is moral, and the source of that authority is the character of the judge." Add to that this concluding note from the author: “How the Supreme Court will push the need for deeper change will etch its imprint on the nation’s soul." It is now up to the good Justices to decide if they want to right the wrongs of the recent past, or repeat the folly of the martial-law Supreme Court and lead the way to a dark future where Filipinos will once again be forced to take the law into their own hands.  (Yasmin D. Arquiza is managing editor of GMANews.TV)