Thursday, July 18, 2013

Dark clouds in the Supreme Court

see - Dark clouds in the Supreme Court


"x x x.

Velasco and the Court
Sure, Velasco inhibited himself in the Reyes case. That is his best defense. But there are key factors at play.
First, the justice in charge of the case is Jose Perez, known to be a friend of Velasco’s. The 2 worked closely together for about 5 years when Velasco was chief court administrator and Perez was his deputy. They were also classmates at the UP College of Law.
Second, it can get to be a cozy network in the Court. The justices tend to look after each other. As Brion wrote in his dissenting opinion on the request of former Chief Justice Artemio Panganiban to expand his retirement benefits, “…such kind of ruling opens the Court itself to charges of selfishly ruling for its own interests...Why is this Court always liberal in cases involving themselves or former colleagues, but is very strict when considering the plight of lower-court judges?"
Third is Velasco’s personality. He is said to be generous with friends. He is easy to like, has a kind face, warm smile, and a disarming air of humility. When he talks to you, he bends his head slightly, as if to show respect, and his voice is soft and calm, even if he takes issue with you.
(That’s how I remember him when, in our one-on-one meeting many months ago, he informed me that he was withdrawing the 2 libel cases he had filed against me. He also told me he was terribly hurt by the phrase I used to describe him in my book, “practicing justice”—which I got from various lawyers—yet his tone was friendly, and at times, beseeching.)
Fourth and the most recent plus that Velasco gained is Chief Justice Maria Lourdes Sereno’s apparent confidence in him. (She voted with the majority in the Reyes election case.) Facing a hostile majority on the Court, Sereno seems to have wooed him to her side. She designated him chair of the halls of justice committee, which is tasked to oversee the construction of some P3 billion worth of courts.
Velasco, as one of the most senior justices, also sits in the 3-member executive committee of the Court headed by the Chief Justice; the other is Associate Justice Antonio Carpio.
What this whole episode tells us is that the Court is very slow to change. More importantly, the institution needs a firm and determined leader to keep it above suspicion. - Rappler.com."