Category Archives: Philippines

Now the Philippine Supreme Court is "our only hope"…

Marites Danguilan Vitug has another book out about the Philippine Supreme Court, this time about some of the court’s most progressive and hopeful cases. Asia Sentinel has a review here. I haven’t read the book yet, but have placed my order. I’ll be sure to report on it once I finish.*

* Incidentally, my book review of Vitug’s Shadow of Doubt has been accepted for publication, but the journal hasn’t published it yet, so I can’t share it until they do.

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Long wait for Marcos

PhilStar has an interesting article about the long delay in resolving the graft cases against Marcos. Some of the cases still haven’t been resolved after all these years. The Supreme Court seems to take even longer to resolve cases appealed from the Sandiganbayan, taking an average of six years and sometimes as long as 21. For more details click here.

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More Money Madness

The Philippine Supreme Court and Aquino administration are at odds again, this time over money. First, the administration cut the judiciary’s proposed budget in half, from P 27.1 billion to P 14.65 billion. Now, according to PhilStar, the administration is seeking to set aside P 1.98 billion for a new Miscellaneous Personnel Benefits Fund (MPBF). The judiciary – through spokesman Marquez – has lambasted the shortchange as a violation of the constitution as the government cannot reduce the court’s budget. Allies of former president Arroyo, including Senator Joker Arroyo, have criticized the Aquino administration’s actions. It’s an unfortunate development in that now the judiciary seems to have to fight for its budget every year, which could drain the court’s resources and undermine the justices’ willingness to make difficult rulings.

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New Philippine SC justice

Yesterday, President Aquino appointed Court of Appeals Justice Estella Perlas Bernabe to the Philippine Supreme Court (for more on her background, see this PhilStar article). Aquino’s already appointed three justices, but he’s not yet at the point of changing the Court’s ideological composition. One of the retirees, Carpio-Morales (now the Ombudsman), was a strong opponent of the Arroyo administration and the lone dissenter in de Castro v. JBC. The other was Eduardo Antonio Nachura, who was seen as supporting of Arroyo. All 12 of the other justices were appointed by Arroyo, although some like Carpio have been known to rule against her. Also, few of the other justices will reach the official retirement age of 70 before Aquino’s term ends in 2016.

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Appointing Homogeneity

I’ve posted several articles criticizing the Philippine Supreme Court. One aspect I haven’t covered is the background of the justices themselves. In a new article in the Asian Journal of Comparative Law, Dante B. Gatmaytan and Cielo Magno argue that the justices overwhelmingly come from the same socioeconomic class. In fact, over 75% were graduates of the University of the Philippines. Moreover, all of the presidents since Marcos have drawn from this same pool, with little statistically significant difference between them on most factors.

Interestingly, some groups in the Philippines have proposed raising the threshold for disqualification for applicants to the Supreme Court. The proposal would allow more and more diverse candidates to apply. However, in a speech to the Judicial and Bar Council, Chief Justice Corona rejected the reforms as simply encouraging underqualified to waste the committee’s time.

Of course, one underlying question is how much diversity should be on the bench? As Ran Hirschl argues, more so than the political branches of government, judiciaries tend to attract lawyers with elite, non-populist backgrounds. Moreover, when political leaders face pressure from the bar and legal advocates, they also face pressure to appoint highly qualified individuals. These requirements already impose several filters on the types of individuals who reach the supreme court. Indeed, on the U.S. Supreme Court, despite the increased gender and racial diversity, all of the sitting justices attended Harvard or Yale…

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