Counterpoint

What animal is this?

By Alvin Capino

Justice Secretary Leila de Lima never ceases to amaze us with her novel and perplexing interpretation of the law.

Her latest innovation is the “Lookout Order” which was cited as the reason why ex-General Jovito Palparan was stopped from taking his scheduled flight to Singapore the other day at the Diosdado Macapagal International Airport.

Palparan said he was surprised when he was told by Bureau of Immigration personnel that he cannot be cleared for departure because he was in the DOJ’s list of those banned from leaving the country.

The ex-Army general explained that there was no legal impediment to his departure since the watch list order against him expired several months ago andthere is no hold departure order by issued against him.

Immigration personnel, however, were adamant that Palparan cannot take his flight even if the watch list order against him had expired. The Immigration officer said he could not leave because he was included in the DOJ Lookout Order.

That’s the story of the Immigration Officer. De Lima has another version of the legal basis why Palparan was stopped at the Clark Airport. De Lima said while it’s true that the watch list order against Palparan has indeed expired, it is still in effect because the DOJ has not yet officially lifted the order.

De Lima clearly is the epitome of the government official whose motto is: “Pag gusto may paraan, pag ayaw may dahilan.”

Apparently she believes that she can legally justify anything even if it means that in the process she is rewriting the law and violating the human rights of people.

What was done to Palparan was the same thing that happened to ex-President Gloria Macapagal Arroyo when De Lima refused to allow her to take her flight to Singapore where she had an medical appointment despite a temporary restraining order issued by no less than the Supreme Court against the DOJ Watch List Order.

De Lima said the TRO cannot be invoked by theformer President because first, the Justice Department at that time has not officially received it. Second, according to De Lima, her agency still planned to make an appeal.

In the view of the Justice Secretary, a DOJ order even if it is expired is still effective until it is officially lifted. She also believes that TRO of the Supreme Court cannot be implemented if the DOJ plans to make an appeal for reconsideration.

We should be afraid of such thinking especially if this is held by the Justice Secretary who has the means and the will to enforce her point of view no matter if it stands on very shaky legal grounds.

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An even more dramatic pronouncement by Secretary De Lima was the intention of the Aquino administration to impeach all the appointees of former Pres. Arroyo in the Supreme Court. She said that this is need to “retake the Supreme Court for the people”.

Again it is bewildering to try to understand where theJustice Secretary based her belief that it is the duty ofthe Executive Department led by the Department of Justice to “retake the Supreme Court.”

The Justice Secretary made it clear that Chief Justice Renato Corona is only the first up for impeachment. She indicated that all the other Arroyo appointees will follow.

With an overly compliant and accommodating House of Representatives, this is no idle threat by De Lima. Some of the articles of impeachment used against Corona can also be used against the other associate justices of the Supreme Court.

Six of the eight articles of impeachment against Corona deal with collegial decisions made by theSupreme Court and therefore all the other justices who had the same vote as Corona could also be impeached.

The declaration of De Lima that the administration is going after the other Arroyo appointees in theSupreme Court has made many people with strong connections to the Aquino administration and who are aspiring for appointment to the Supreme Court very very happy.

Under the present composition of the Supreme Courtthere is only one more vacancy from retirement expected for the position of Associate Justice duringthe term of Pres. Aquino.

Only Justice Roberto Abad is scheduled to retire and this is still far off. Abad will reach the mandatory retirement age of 70 for a Supreme Court justice on May 22, 2014.

Without any impeachment and removal from office through a conviction at the Senate against any of thesitting justices, Mr. Aquino would be able to appoint only four of the Supreme Court justices during his term.

President Aquino has already appointed three—Justices Maria Lourdes Sereno, Bienvenido Reyes and Estela Perlas-Bernabe. The next and last appointee will be the replacement of Justice Abad.

If Corona survives the all out impeachment push ofthe Aquino administration, he will sit as chief justice way beyond Aquino’s term. He will only reach his mandatory retirement age on October 15, 2018.

The incumbent Supreme Court justices and their respective retirement dates are as follows: Roberto Abad (May 22, 1914); Martin Villarama Jr. (April 14, 2016); Jose Perez (December 14, 2016); Arturo Brion (December 29, 2016); Bienvenido Reyes (July 6, 2017); Jose Mendoza (August 13, 2017); Presbitero Velasco (August 8, 2018); Teresita de Castro (October 8, 2018); Corona (October 15, 2018); Mariano del Castillo (July 29, 2019); Lucas Bersamin (October 18, 2019); Antonio Carpio (October 26, 2019); Diosdado Peralta (March 27, 2022); Estela Perlas-Bernabe (May 14, 2022); and Maria Lourdes Sereno (July 2, 2030).

Based on the above list, Justice Villarama will actually retire two months before the end of the term of President Aquino but his retirement and the appointment of his replacement is already within the appointment ban.

The term of the next president is from 2016 to 2022.The next president will therefore appoint 11 of the 15 justices of the Supreme Court.

Of course, if what De Lima wants happens, this will not be the case. As she has earlier declared, she wants the Arroyo appointees impeached and removed from the SC. Then and only then would the SC majority not be beholden to the former president. And to whom will they be loyal?