Trying To Oust A Chief Justice

If the rumors I have been hearing are true, there is a scramble to oust the current Chief Justice via the unpromulgated Limkaichong case. The only way to oust a Justice of the Supreme Court, even a Chief Justice, is by impeachment, and I honestly don’t see any ground in this case.

Presuming then that there is indeed no real ground for impeachment, what would be the point about the loud rumors of impeaching a Chief Justice? I can see no other reason except to attack the reputation of a reputable Chief Justice, one who is widely considered as the best constitutionalist in the Court today and a champion of human rights who shepherded the creation of the Rules on the Writ of Amparo and Habeas Data.

Chief Justice Puno has a strong reputation in legal circles as an intelligent and learned legal scholar, whose opinions on Constitutional and even political issues are greatly respected.

So why sully his reputation? Perhaps the people working in the shadows are hoping the Chief will resign on his own and clear the path for the President to have a grand sweep of the Court? But from what I know of the Chief’s character, he is unlikely to do that. Instead, he will stay true to his duty to the law and the Court, and stay in his position as the Chief Justice.

Do the people behind this move really think impeachment will succeed though? Impeachment has never succeeded yet in this country or under this current Constitution. The closest we came to impeachment was the impeachment trial of Erap Estrada, which ultimately led to his political downfall over the unopened envelope issue (although he got pardoned after his conviction in the Sandiganbayan anyway).

It is deeply suspicious that it is usually the more respected Chief Justices who get slapped with impeachment proceedings. Chief Justice Davide once got shot with an impeachment case. It didn’t even come close to succeeding, since the public furor over that scuttled the case. Now another Chief Justice is being targeted over what I can only presume to be political reasons. But I am betting that this rumored attempt to impeach the Chief Justice will not succeed either. It will get no support, not politically nor publicly.

Remember, this is the Chief Justice who fought extrajudicial killings with the Rules on Amparo and Habeas Data. Civil Society will fight to defend him, and even the media is likely to side with the Chief.

When will politics keep their hands off the Court? When will our government institutions start to respect each other? When will the time come that a good man, a Chief Justice, will not be attacked (or impeached) without good reason?

I don’t know if that will happen in my lifetime.

I know one thing though, this purported move to oust the Chief Justice will not succeed. I know it, and I think the people who are vainly trying to take him down know it too. The most they can do is try to tarnish his reputation and legacy.

Well good luck with that Sirs and Madames. Because I am betting that even this will not succeed.

(Cross-posted with Filipino Voices. Column piece for the Sunstar Davao)