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When a SC judgment conflicts with the people’s sense of justice AS I WRECK THIS CHAIR By William M. Esposo (The Philippine Star) They may not know the letter of the law and its many technicalities but people have a sense of justice to tell them that a Court judgment is fair or unjust. The…

Human Rights Online Philippines

November 23, 2011

2–3 minutes

Gloria Macapagal-Arroyo, GMA, Injunction, Leila de Lima, Mike, Philippine Star, Rene Corona, Supreme Court

When a SC judgment conflicts with the people’s sense of justice
AS I WRECK THIS CHAIR By William M. Esposo (The Philippine Star)

They may not know the letter of the law and its many technicalities but people have a sense of justice to tell them that a Court judgment is fair or unjust. The eight Supreme Court (SC) Justices who granted that highly controversial TRO (Temporary Restraining Order), which would have allowed Congresswoman Gloria Macapagal Arroyo (GMA) and her husband Mike to travel, now find themselves in conflict with the sense of justice of many Filipinos.

Headed by SC Chief Justice Rene Corona, the same eight Justices are hobbled by a track record of voting in favor of GMA. The perceived rush to allow GMA and her husband to travel, the attempt of GMA and Mike last Wednesday to take a flight to Singapore just hours after the SC TRO was granted — led many Filipinos to suspect a collusion to allow GMA and Mike to escape from the cases hounding them.

All over social media, tri-media polls and discussions — public opinion against the ‘GMA 8’ of the SC has been overwhelming. Many were convinced that the dissenting votes and legal opinions of Justices Antonio Carpio and Ma. Lourdes Sereno provided the right and just decision and that the ‘GMA 8’ should not have issued the TRO without hearing the government side first. They should also not have disregarded the report of GMA’s own doctors that her problem isn’t life threatening.

The decision of the ‘GMA 8’ last Friday to uphold their TRO and ask Justice Secretary Leila de Lima to prove why she should not be cited for contempt — merely heightened public opinion against them. When the Pasay City RTC (Regional Trial Court) issued the arrest warrant to GMA for electoral sabotage, many Filipinos rejoiced and considered it a triumph of justice.

If a Constitutional Crisis happens because of this row, it should not be blamed on an administration that’s only following its mandate to stop corruption and bring to the bar of justice those who were responsible for the climate of impunity that characterized the GMA regime. Rather, it should be blamed on those who promulgate decisions that shock a people’s sense of justice.

The concept of a Supreme Court as the final arbiter of the law thrives when the High Court is largely perceived as fair, wise, impartial and just in their decisions. They’re on dangerous ground when public opinion sees them as otherwise. Ninoy Aquino had the right words for it when he said that Filipinos would accept poverty but not injustice.

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