enators have
dropped their plan to file a motion seeking the inhibition of three members of
the Supreme Court on the motion for reconsideration of the Neri ruling on
executive privilege. Only nine have agreed to join the petition, less than the
required 13, so filing the motion could not be considered as an official act of
the chamber.
The reservation of the majority is that there remains a
chance, however slim, that at least two justices might change their stand, for a
reversal of the 9-6 ruling to 7-8. While the chance stands, it is imprudent to
antagonize the members of the court.
They could be right. A good case could be made, however, for
shaming the justices who were originally targeted by the motion for inhibition.
The first was reportedly Arturo Brion. He was still labor
secretary during the oral arguments. He participated only during the final
deliberations, which were held two weeks after he took his oath. The second was
Renato Corona. His wife was among the signatories to a manifesto published in
the dailies defending administration officials in the attempted kidnapping of
NBN witness Rodolfo Lozada. The third was Presbiterio Velasco, a golfing buddy
of Romulo Neri.
Were delicadeza still observed, they would have immediately
inhibited themselves.
As things now stand, it’s probably a forlorn hope that the
high tribunal would reverse itself. Gloria Arroyo has packed the tribunal with
persons pliant to her wishes.
The Neri ruling, we fear, is just a preview of the things to
come. The Panganiban court, with its consistent stand on the side of fundamental
freedoms and liberties, would soon fade into memory. Chief Justice Renato Puno
is heroically trying to hold back the tide, but likely in vain. The chief
justice can take comfort in the fact that the court, as his leadership nears its
end, will not be identified with him. It will hereafter be known as the Arroyo
Supreme Court to its lasting shame.
The destruction of the institutions of republicanism with its
checks and balances is about to be completed. The head of the Executive
department came to power illegitimately and subsequently stole the election. The
House has long been reduced to a highly paid cheering squad of Gloria. The
Senate is castrated with the loss of its power to conduct inquiries in aid of
legislation. The Supreme Court is turned into an extension of Malacañang.
Probably all this is for the better. Naked power rules. People are stripped
of illusions, the better for them to realize they can only reclaim their
birthright by exercising their sovereign power in defense of themselves, their
institutions and their traditions.