Category Archives: Supreme Court

I’m starting to really enjoy Supreme Court spokesman Midas Marquez’ commentary on recent cases. Yesterday, the Philippine Daily Inquirer reported him blatantly proclaiming, ““This is not an Arroyo court.” Ombudsman Merceditas Gutierrez filed a complaint alleging that Congress had filed two articles of impeachment against her in one year, in violation of the constitution (interesting aside: this same provision saved former Chief Justice Davide in 2003). Gutierrez was an Arroyo appointee, allegedly close to Mike Arroyo, and some worried that the Supreme Court might protect her, given that most of the justices are also Arroyo appointees (14 out of 15).* However, the justices voted 9-7 to dismiss her complaint because the two impeachment charges had been filed in the same proceeding of Congress. The article goes on to state:

It’s not clear if Marquez actually used the word “deodorize,” or if that was the reporter’s invention, but that certainly presents quite an image – or smell, rather – of the Supreme Court’s current standing in the Philippines.


* For more on these allegations, see my earlier post here.

Two interesting stories came out today about the Philippine Supreme Court. First, a relative of those killed in the Vizconde 1991 claims Justice Antonio Carpio improperly lobbied his colleagues to acquit defendants Hubert Webb (and six others). Carpio, so the allegations state, is a close friend of the Webb family. However, the Supreme Court Spokesman Midas Marquez dismissed the allegations as lacking evidence. As the Decider once said, bring it on!

The more interesting question is whether these allegations will tarnish Carpio’s otherwise sterling reputation. According to Filipina journalist Marites Vitug’s Shadow of Doubt, the Supreme Court is no stranger to this type of nepotism and favoritism. Yet, Carpio also came across as one of the heros of the book. After being passed over for the chief justiceship last year (see my earlier article here), Carpio has become a leading voice within the dissenters – and as such often seen as the leader against the Court’s pro-Arroyo majority (I’m not claiming this is true, but I believe the perception exists). If there is any evidence Carpio lobbied on behalf of a man accused of mass murder, then that perception might change quickly.

 The second story is an update on the continuing standoff between judges and Aquino administration over the judicial budget. Apparently, the Department of Justice made just enough promises to forestall a nationwide protest that had been planned for this Monday. The dispute had centered on salaries and pensions. Still, the very fact that the judges have had to protest and negotiate for a budget raise does not speak well to judicial independence in the Philippines. So far, I have not heard anything about the judges making any compromises to pacify the administration, but this could certainly become a risk now that the Aquino administration knows how much the salary cuts upset the judges.

The Philippine Supreme Court has recently been engaged in behavior that some would consider, well, doubtful. First, it cleared del Castillo of plagiarism charges. Now, it is threatening University of Philippines faculty members who had called del Castillo a “dummy.” President Aquino also recently expressed his lack of confidence in some of the court’s opinions against the executive branch. All this seems to confirm the fears expressed by Vitug and others that the court lacks enough transparency and accountability to make its rulings credible.

Just when you think Philippine judicial politics can’t get any zanier… An activist priest performed an exorcism outside the Supreme Court protesting its decision to confirm the conviction of a man who had killed one of Marcos’ military intelligence officers. The case sends a signal to the elite that, while the Court might issue progressive opinions on some issues, it will not condone vigilante justice. In one sense at least, Arroyo can perhaps rest a bit easier…