Category Archives: Philippines

December 6, 2011 · 02:46

Updates on the Arroyo imbroglio

Apologies for not writing more about the current imbroglio with former Philippine president Arroyo and the Supreme Court. This is easily one of the biggest tests of the court’s independence over the past decade. News coverage has been wall-to-wall in the Philippines of course. Here are some excepts from an Asia Times piece – I’ll write more when I can:

The DoJ justified its move on the legal argument it had not yet received the Supreme Court’s temporary restraining order when Arroyo arrived at the airport. The Supreme Court has since suggested it could file contempt charges against DoJ Secretary Leila de Lima, while pro-Arroyo attorneys are seeking de Lima’s disbarment for apparently flouting the Supreme Court’s decision.
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In the court of public opinion, however, sentiment seems to be on Aquino’s side. Opinion polls show that both Arroyo and the Supreme Court are unpopular and suffer from credibility issues in the public eye. “It is no less corrupt than the rest of the Philippine judicial system,” quipped Pacific Strategies and Assessments, a risk analysis firm, in recent reference to the Supreme Court’s apparent role in protecting Arroyo from prosecution.

While the Supreme Court insists its decisions are consistent with the letter of the law, its record when ruling on cases involving the Arroyos has been overwhelmingly in the former first couple’s favor. Chief Justice Corona has voted 19 times in favor of the Arroyos and never in dissent since taking over the Supreme Court’s leadership. Two senators and a number of prominent individuals have recently asked Corona to inhibit himself from any future deliberations involving Arroyo to concerns of his impartiality.

The Supreme Court is currently holding oral arguments on petitions filed on the constitutionality of the DOJ-Commission on Elections (Comelec) joint panel, which recommended Arroyo’s prosecution for alleged electoral fraud in 2007. Based on that recommendation, an arrest warrant was issued by the Pasay Regional Trial Court (RTC) judge against Arroyo, which puts to rest for now the question of whether she should be allowed to travel abroad.

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Filed under Philippines, Supreme Court

November 15, 2011 · 15:39

Hell no, she can’t go

Despite the Supreme Court’s TRO yesterday regarding the WLO against former President Arroyo, the administration physically prevented them from catching their flight out of Manila yesterday. In a dramatic scene, the former president was wheeled away from their flight into a room with their lawyers. There are already calls to impeach Aquino over this and other recent decisions. All that’s certain for now is that the Aquino administration has set itself up for an even more intense showdown with the Supreme Court.

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Filed under Aquino, Arroyo, Philippines, Supreme Court

November 15, 2011 · 05:55

Political insurance or human rights?

According to PhilStar, in an 8-5 vote, the Philippine Supreme Court issued a temporary restraining order (TRO) against the implementation of the Department of Justice’s (DOJ) watchlist order (WLO) against former President and current Pampanga Representative Gloria Macapagal-Arroyo. As I mentioned last week, cynics might suspect the justices of simply protecting their patron. However, freedom travel is an human right protected by the International Covenant for Civil and Political Rights (remember the refusniks in the former U.S.S.R.).

For politicians, this dual nature of the justice system presents a delightful irony. The very way courts act to protect former political leaders necessitates their invoking constitutional rights. Thus, the very political leaders who often violated their citizens’ human rights become amongst the first to hide behind them when out of power. In political science, we’d call this a severe case of observational equivalence – when we can’t tell whether the court is acting in good faith or with political motives.

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Filed under Arroyo, Philippines, political insurance, Supreme Court

November 9, 2011 · 05:41

Hostage to a metabolic bone biopsy

I don’t often write about “metabolic bone biopsies” on my blog. However, that’s the procedure former Philippine president Arroyo needs, and that’s what the Aquino administration Justice Department is seeking to deny her. Or so Arroyo claims. Secretary of Justice Leila de Lima issued a watchlist order against Arroyo to prevent her and her husband from fleeing the country while facing plunder and poll fraud charges. According to PhilStar, Arroyo has challenged the WLO as impairing her constitutional right to travel (Article III, § 1 and 6) and filed suit before the Supreme Court. It will be particularly interesting to see how the Supreme Court rules, given the hostility between it and the Aquino administration. Moreover, 12 of the 15 justices are Arroyo appointees, which as I wrote last year became controversial as Arroyo managed to appoint the chief justice. I guess we’ll see whether the Philippine Supreme Court provides that political insurance Arroyo had been banking on.

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Filed under Aquino, Arroyo, Philippines, Supreme Court

October 16, 2011 · 04:05

Time for marriage counseling

Harsh words were recently exchanged between between the Philippine Supreme Court and Malacanang over the Aquino administration’s plan to “reduce” the judiciary’s budget (see my most recent post on the controversy here). The Philippine Judges Association has come out yesterday to express their support for Chief Justice Corona. For his part, the chief justice said, “There is no intense quarrel happening. I’m just setting things straight.” Eastern Samar Representative Ben Evardone has urged both parties to convene the Judicial Executive Legislative Advisory and Consultative Council (JELACC) in order to work through their differences. It’s not yet clear whether most of this debate is hollow posturing or whether the animosity could actually affect the Court’s work. Stay tuned…

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Filed under Aquino, Philippines, Supreme Court