Sunday, August 26, 2012

Chief Justice Maria Lourdes Sereno and Continuity of Reforms at the Supreme Court of the Philippines

Continuity and consistency. This is what President Aquino meant when he appointed Justice Maria Lourdes Sereno as head of the Supreme Court. Unknown to many, this is the main complaint of foreign investors about the Philippine justice system--it lacks consistency. Laws are supposed to be principles that stabilize the system. In the Philippine system, there are so many variables that come into play and they make judicial processes complicated than what it really is--a simple depiction of reality, based on Filipinos' eyes. 

In construing the law, for example, mere interpretation of a provision plus guidance from previous judicial decisions, is really all it takes to render a fair and right interpretation. In  the Philippines, you need to consider several things, like money. A law here can be interpreted in so many ways and in so many directions based on who interprets it. That's inconsistency. People should be able to predict the right course based on tried and tested principles of law and practice. What better way to do that than to elect or appoint a Supreme Court that correctly dispenses decisions on law based on jurisprudence and tradition. That is continuity.

A stable and predictable Supreme Court is best for a democracy because when people know the direct consequences of such violations, it deters them from committing them. If our system is so equitable, a murder is deemed one when all the elements of the crime are present, sans justifying circumstances. Our present system is not so predictable. A murder can be acquitted if the murder suspect has lots of money to pay for a "well-connected" lawyer. 

Our country is not lacking in solutions, the problem really is correct and judicious enforcement. We practically have a solution to every conceivable criminal act. The problem really is, several of these penal provisions are incorrectly applied and dispenses weak punishment. A review of the Penal Code of the Philippines should be in order. 

Eighteen years is long enough for Sereno to institutionalize meaningful reforms in the judicial system. 

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