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THE TRIUMPH OF THE RULE OF LAW
By Atty. Cristifil Baluma
October 29, 2006 The Bohol Standard

The Supreme Court has spoken. October 25, 2006 marked one of the memorable days this year in national history when the Supreme Court, by a close vote of 8-7, voted to deny the petition for a people’s initiative proposed by Sigaw ng Bayan and the Union of Local Authorities of the Philippines. The head of the latter group is no less than our hardworking Bohol Governor, Erico Aumentado. Even before the arrival of that day, it was already predicted by many respected analysts that the outcome of the voting would really be too close to call.

In a 52 - page decision penned by Associate Justice Antonio Carpio, the Court said that to allow the latest initiative effort to alter basic principles in the Charter is to allow a desecration of the Constitution. It was also stressed that the petition for a people’s initiative should contain the full text of the proposed amendments.

The main arguments and issues in Miriam D. Santiago v. Commission on Election case were different. In that earlier case, the Supreme Court held that Section 2 of Article XVII of the Constitution providing for such a system ( on initiative) was not self- executory and that RA 6735, which was supposedly the enabling law implementing said constitutional provision, was “incomplete, inadequate or wanting in essential terms and conditions insofar as initiative or amendments to the Constitution are concerned.

The Supreme Court in the more recent case involving a petition for a people’s initiative said that there is no need to revisit its 1997 ruling which had declared RA 6735 as incomplete and inadequate to cover the system of people’s initiative to amend the constitution.

The recent decision to my mind demonstrates the continued independence of the Supreme Court from the other branches of government. It was only recently when the Chief Justice of the Supreme Court, Chief Justice Artemio V. Panganiban recognized the pressures caused by the then pending petition filed seeking the amendment of the Constitution. Before that eventful day, we often heard in the radio and saw in the television the calls and pleas made by many high ranking government officials for support to the people’s initiative to amend the Constitution.

The decision of the High Court renewed the people’s confidence in the judicial system in our country, that justice applies equally to all, irrespective of gender, race, status or creed.

The diverse opinion of the justices stress these jurisprudence:

“ The function of the appointing authority with the mandate of the people, under our system of government, is to fill the public posts. While the appointee may acknowledge with gratitude the opportunity thus given of rendering public service, the appointing authority becomes functus officio and the primary loyalty of the appointed must be rendered the Constitution and the sovereign people in accordance with the sacred oath of office. To paraphrase the late Chief Justice Earl Warren of the United States Supreme Court, the Justices and judges must ever realize that they have no constituency, serve no majority nor minority but serve only the public interest as they see it in accordance with their oath of office, guided only by the Constitution and their own conscience and honor.” ( Galman, et al. vs. Sandiganbayan, G.R. No. 72670, September 12, 1986).

While we respect the opinion of those who opposed the verdict of the Supreme Court in denying the people’s initiative, we could not help but emphasize that since we are in a democratic society, the rule of law must be upheld. The Supreme Court had spoken.

The recent ruling of the Supreme Court was a proof of the highest quality that the Supreme Court is truly the last bastion of democracy. The pros constituted both the appointee and non-appointees of President Gloria Macapagal – Arroyo. It was also the same situation for the antis. While Chief Justice Artemio V. Panganiban was an appointee of President Fidel V. Ramos as a Justice of the Supreme Court and was appointed as Chief Justice of the Supreme Court on December 20, 2005 by Her Excellency Gloria Macapagal- Arroyo. He retires as Chief Justice of the Supreme Court by December 7, this year.

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For Boholanos who have cases pending in the Sandiganbayan, Second Division, here’s a relief advance information.

Justice Edilberto G. Sandoval and former Judge Ed Vincent S. Albano, favorite bar reviewers/ authors in Criminal law and Civil law, respectively of Checkpoints were his house visitors last week.

The Second Division of the Sandiganbayan will hold a one-week session in Tagbilaran City soon and had personally chosen for the venue of the hearing the court room of the Regional Trial Court of Bohol, Branch 1, Family Court.

An innovation to bring the judicial services closer to the people, like the Justice on Wheels project of the Supreme Court, the conduct of the Sessions of the Sandiganbayan at the Regional Trial Court of Bohol, Branch 1 means a tremendous savings of money and time for litigants at the Second Division of the Sandiganbayan chaired by Justice Edilberto G. Sandoval.

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