Dissent

Herbie Gomez .

LUIS V. TEODORO, former dean of the College of Mass Communications of the University of the Philippines, has this to say about what happened on Friday: “With the unconstitutional ouster of [Chief Justice Maria Lourdes] Sereno, who will be replaced by a Duterte sycophant, government is now in the hands of the most violent and most incompetent wing of the ruling clique, against which only the people’s collective power can prevail.”

Here, an academic, Xavier University president Fr. Roberto Yap, told students during a campus gathering that night: “When you look at the actions of the present Supreme Court, you really start to worry. The Marcos burial issue, the extension of martial law in Mindanao, and the removal of somebody in a very unusual way…”

Rarely do we see and hear SC spokespersons comment on rulings of the high tribunal because, like judges, they’re not supposed to. But SC spokesman Theodore Te put it in two powerful words in his tweet: “I dissent.”

Carlos H. Conde, my former editor and now researcher under the Asia Division of Human Rights Watch, put it this way: “The Philippine Supreme Court’s unprecedented and nefarious removal of Chief Justice Maria Lourdes Sereno constitutes a frontal assault on human rights protections and democratic rule.

“The court, by an 8 to 6 vote, approved a government-filed petition questioning the validity of Sereno’s appointment. But Sereno’s ouster was about much more. Last month, President Rodrigo Duterte declared Sereno an ‘enemy’ and called for her impeachment for her criticism of his murderous ‘war on drugs’ and other abusive policies.

“Sereno, 57, is just the latest in a growing list of institutions and individuals – including Philippine media outlets and United Nations officials – who have been vilified by Duterte for seeking accountability for human rights violations. Duterte has sought to quash any meaningful inquiries into alleged crimes committed by police and their agents in the ‘drug war’ that has killed thousands – a campaign the president has openly endorsed.

“Sereno’s ouster also kicks open the door for wanton removals of members of other constitutional bodies, such as the Commission on Human Rights. Ultimately, the rejection of constitutional checks and balances concentrates power in the hands of Duterte and his allies, posing the greatest danger to democracy in the Philippines since the Marcos dictatorship.”

One of those who voted against the ouster, Associate Justice Marvic Leonen, said, “Even if the Chief Justice has failed our expectations, quo warranto, as a process to oust an impeachable officer and a sitting member of the Supreme Court, is a legal abomination.”

Non-lawyers can understand and read between the lines, and no amount of legalese can change the fact that Duterte uttered these words against Sereno before a shocked nation: “I am putting you on notice that I am now your enemy, and you have to be out of the Supreme Court.” And so, do not tell us that Duterte had nothing to do with it because he has been threatening since 2016 to use his powers against Sereno and just about anyone or any group here and abroad that are there to provide the necessary checks and balances.

The SC decision was blatantly and glaringly wrong that even Senate President Aquilino Martin Pimentel III, an administration ally whose political party became Duterte’s ticket to the presidency in the 2016 elections, could not hold back anymore. Pimentel issued this statement: “The Supreme Court is supreme in a lot of things but not in everything. In impeachment matters the Supreme Court is not supreme, because the Senate is the one and only impeachment court. The Chief Justice is an ‘impeachable official’ who can be removed only after impeachment by the House and conviction by the Senate. The reputation and esteem of this present Supreme Court will now rise or fall on the basis of the soundness or unsoundness of this controversial decision upholding a very unusual remedy to oust a sitting Chief Justice. Let us all uphold the rule of law. The people must be given time to review this decision. And the Supreme Court itself must also take the time to review its own decision. If the supreme court is not supreme in everything then it is also not infallible in everything. The respondent Chief Justice must be given the opportunity to file a Motion for Reconsideration. God bless our beloved country.”

I think senators can’t have their cake and eat it too. They cannot continue saying something without acting on it. Neither can they project a public image of courage and independence today, and then behave like sit-down puppies the next day. Pastilan.