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Saturday, November 23, 2024

CJ asks Palace, Congress: Respect judicial independence

Newly appointed Chief Justice Teresita Leonardo-de Castro on Monday appealed to both the executive and legislative branch of government not to interfere in the affairs of the judiciary, as well as to respect the decision of the Supreme Court, particularly on controversial issues.

In a speech during her first flag-raising ceremony as top magistrate, De Castro said that the SC must be left to decide for itself without interference from other branches of government.

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“The other members of the co-equal and independent branches of the government should understand that based on our constitutional order, the decisions reached by the justices of the Supreme Court, whether unanimously or by majority vote, must be respected,” De Castro told SC justices, officials and employees of the high court.

She noted that it is the high court, “more than anyone else,” that would be affected by a wrong decision because it would affect the institution’s integrity.

She said that some sectors would easily believe and judge the justices based on what they only hear from others.

De Castro noted that most of these people are oblivious about justices’ works and what is actually happening inside the Court.

“People outside would like to judge us by what they see or hear from afar but it is us, the justices and officials of the Court, who know what is happening inside the Supreme Court and we should be left alone,” De Castro added.

The new chief justice conveyed the strong message to the executive and legislative departments that the SC under her leadership will not compromise its judicial independence.

“We should be left alone to decide the fate of this institution without interference. We more than anyone else will be affected if we decide wrongly a case which will affect the integrity and the fate of this institution,” De Castro pointed out.

De Castro said each of the justices have studied the Constitution meticulously as well as the law and evidence on record, thus, their decisions should be accorded with great respect.

“The other members of the co-equal and independent branches of the government should understand that based on our constitutional order, the decisions reached by the justices of the Supreme Court whether unanimously or by majority vote must be respected,” she said.

De Castro’s fellow associate justices and the employees of the Court showed up during their so-called “Blue Monday” event, which dramatized what they considered as the return of peace and normalcy in the judiciary.

The Supreme Court Employees Association, the same group that led the “Black Friday, initiated the event” and “Red Monday” protests to pressure Sereno to resign from her post at the height of the impeachment proceedings against her.

De Castro earlier vowed to restore collegiality in the SC, which was obviously ignored during the term of Sereno, who was accused of making decisions without the approval of the en banc.

“The Chief Justice is the first but equal nevertheless with each of the associate justice of the Court. No one can claim superiority over the others and we decide for cases whether judicial or administrative with one vote each,” she said.

Meanwhile, SC Public Information Office (PIO) head and spokesman Theodore Te has confirmed his resignation effective September 7.

Te submitted his courtesy resignation to De Castro upon the latter’s assumption last week.

Te’s designation is co-terminus with Sereno, whose appointment as chief justice was nullified last May by her fellow magistrates through a quo warranto proceedings.

“May I also, by these presents, respectfully tender my irrevocable resignation as Assistant Court Administrator and Chief of the Public Information Office, a post which is highly confidential and coterminous with the Chief Justice. I believe that Your Honor should be given a free hand to craft your own media policies and to appoint a person whom Your Honor believes could best implement those policies,” Te said, in his resignation letter that dated August 29.

Te’s resignation was accepted by De Castro, who designated lawyer Ma. Gleoresty Guerra, SC PIO deputy chief, as acting head of the office.

Guerra has served as spokesperson of the SC high court, in an acting capacity, following the ouster of Chief Justice Renato Corona.

As this developed, the House of Representatives’ committee on justice will begin today (Tuesday) its deliberations on the impeachment complaints filed against the seven justices of the Supreme Court, including Chief Justice Teresita Leonardo de Castro, who will retire early next month.

At the same time, the committee chairman, Oriental Mindoro Rep. Salvador Leachon hinted the possible dismissal of the impeachment raps filed against De Castro and justices Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Noel Tijam, Andres Reyes Jr. and Alexander Gesmundo.

Leachon said the seven justices included in the impeachment complaint will only be invited to the hearings after the complaints have been found to be sufficient in form and substance.

“Let us see it from there. The invitation must, however, be viewed as emanating from the authority of the impeachment proceeding and does not depend on any other consideration or circumstance,” Leachon said.

By the time the committee reaches the discussion on the full-blown impeachment proceedings on the Lower House to decide on the content of the complaints, Leachon said de Castro has already been retired.

“The invitation will only proceed after the complaints have been found to be sufficient in form and substance,” Leachon said.

The committee is expected to consolidate into a single complaint the several impeachment complaints filed against the seven SC justices. It is also expected to decide on the sufficiency in form, and later on, on the substance of the complaint.

Leyte Rep. Vicente Veloso, retired Court of Appeals justice, merely performed their duties in deciding on the quo warranto petition against ousted Chief Justice Maria Lourdes Sereno.

“It is the duty of the.SC rule on the quo warranto case,” Veloso said at a news conference.

Veloso also said those who conspired at the Judicial and Bar Council in qualifying Sereno should be held liable.

“It has been established there was fraud in including Sereno in the interview for the position of Chief Justice,” Veloso said.

He also said the grounds for impeachment against the seven SC justices, such as culpable violation of the Constitution and betrayal of public trust, may not constitute the alleged offense when the SC justices ruled in favor of the quo warranto.

“Culpable violation of the Constitution involves deliberate wrongful act in violating the Constitution. If it's a duty, [what the SC justices did cannot be wrong],” Veloso said.

He is also doubtful the SC justices betrayed the public trust in ruling in favor of the quo warranto.

House Speaker Gloria Macapagal-Arroyo earlier ordered the House justice committee to dispose of the complaint as the soonest possible time to ensure that the impeachment process will not hamper the House’s legislative mill.

They charged the seven SC justices with culpable violation of the Constitution and betrayal of public trust over their role in the ouster of ousted Chief Justice Ma. Lourdes Sereno through a quo warranto petition filed by Calida.

Leachon maintained the House will extend utmost courtesy to the SC justices, and that the House justice panel members will decide on the complaint based on evidence; and that his committee will extend a fair impeachment proceedings.

The justice panel has 60 session days to dispose of the complaint. Once the committee renders its findings on its sufficiency in form and substance, the House, in plenary session, has also 60 session days to affirm or reverse the ruling of the committee.

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