Published on December 19, 2017. “Mr. Duterte, the first lawyer-president since Ferdinand Marcos, does not in fact believe in the power of the law; rather, he believes that law serves power”—I think Sen. Antonio Trillanes IV, the target of a synchronized abuse of the law, will agree.
Associate Justice Francis Jardeleza used last week’s House justice committee hearing on the impeachment complaint filed against Chief Justice Maria Lourdes Sereno to deliver a counteraccusation three years in the making: He asserted that it was Sereno, not he, who had committed acts of treason during the preparation of the (successful) Philippine arbitral case against China. He was responding to Sereno’s erroneous claim, in 2014, that then Solicitor General Jardeleza’s policy position on the South China Sea dispute, specifically on Itu Aba in the Spratlys, was disloyal to the country.
Lost in this unfortunate “spectacle of diminishment,” as an Inquirer editorial described the sorry appearance of one retired and three incumbent Supreme Court justices at the hearing, is any appreciation of the present reality: Under President Duterte, and despite the sweeping landmark ruling of the arbitral tribunal in 2016 in favor of the Philippines, the country’s rightful claims to the West Philippine Sea, to parts to the Spratlys and to Scarborough Shoal are at their weakest in decades. Indeed, Mr. Duterte has deliberately weakened them. Clearly, both Jardeleza and Sereno (and Senior Associate Justice Antonio Carpio, who shared Sereno’s dim view of Jardeleza’s position in 2014) support the arbitral tribunal ruling and want to see it implemented. If they want to accuse anyone of treason, of yielding to the Chinese, perhaps they should point their finger at the President. Continue reading