When the Supreme Court voted 9-1 to allow Gloria Macapagal Arroyo to appoint the successor of retiring Chief Justice Reynato Puno despite the constitutional ban on midnight appointments, several opinion makers, including this writer, criticized the ruling, saying that the controversial decision opened the “Arroyo court” to questions of credibility and integrity.
In an article entitled “Arroyo has all bases covered” (March 22, 2010), I called the SC decision “shameless” because the court was willing to interpret the constitution according to the wishes of Arroyo.
Nonetheless, I find it inappropriate for presumed president-elect Noynoy Aquino to insist that he shall not recognize the appointment of newly installed Chief Justice Renato Corona. Aquino has every right to be sworn in by a barangay captain, if he so wishes, but not to recognize the head of a co-equal branch of government, whose appointment went through the constitutional process of nomination by the Judicial and Bar Council and rendered legal with finality by the Supreme Court, is something else.
As one of the leaders of the opposition, Aquino was right to criticize a decision that was highly questionable. But once he becomes the leader of the nation, he is duty-bound to respect the rule of law and the constitutional processes. How can he hope to tell the people to obey the law when he himself cannot abide by a decision that was not to his liking? How can he tell the people to respect the country’s democratic institutions when he himself cannot respect a decision rendered by the Supreme Court?
Aquino needs to be firm, but he does not have to be arrogant. He can ask his lawyers to ask the Supreme Court to reconsider its decision, but in the meantime, he has to give due respect to the new Chief Justice. He can even ask his allies in Congress to impeach Corona, but in the meantime he has to treat him as the head of a co-equal branch of government.
The people elected Aquino because they considered him the exact opposite of everything that was wrong with Arroyo. He must not show any sign that he is as arrogant as Arroyo. He must prove to the people that he respects the rule of law and that all his actions shall be within the bounds of the law and the constitution, unlike Arroyo whose every action sought to undermine the constitution.
In exacting justice, he must not show vengeance. If he must prosecute Arroyo, he must go after all government officials in the present and in the past who abused their power and used their position to illegally amass wealth. His war against corruption must not single out the Arroyos, but must be a sweeping drive to cleanse the government of the corrupt and the abusive.
Aquino must remember that after June 30, he would no longer be just the leader of the Liberal Party and of those who voted for him, but the leader of all the people of his nation, even of those that he vanquished and their supporters. As such, he should not be too confrontational. He must always strive to unite the country, especially after a very contentious campaign and a divisive nine years of the Arroyo administration.
If he voids Corona’s appointment through an executive order as some had suggested, he will trigger a constitutional crisis, a situation that would negate the opportunity for a smooth transition that the recent peaceful elections offered. A constitutional crisis starts his administration on shaky ground, even before he could lay the foundation for a strong government. A constitutional crisis would scare businessmen and investors, again negating the positive outlook that the successful elections brought.
While it is his duty to straighten out the mess that Arroyo has inflicted on the political, social and economic fiber of the country, he also has to be careful not to alienate himself from the various sectors of Philippine society. He has to learn to distinguish between brinkmanship and statesmanship, between a strong leader and a tyrant.
The country can only move forward when the vast majority of the people and those that govern them move as one. The government cannot function properly if the three major branches of government are moving in different directions. It is, therefore, imperative that Aquino strives to get the support of the Supreme Court and Congress for his government’s agenda.
Instead of alienating the members of the Supreme Court, who have proven their independence in many previous cases and who can work more independently without the harassing presence of Arroyo, it would do well for Aquino to win them to his side, to the side of the people that he leads.
Aquino should focus his attention in the next few weeks to gain control of both houses of Congress because allowing Arroyo and his allies to control the lawmaking bodies would cause him more trouble than a Supreme Court with a doubtful loyalty would.
The next six years will definitely be the most difficult in Noynoy Aquino’s life. How he behaves in those six years will determine his fate and those of his people. Indeed, a very heavy burden to carry for someone so young. But who said being president would be easy?
