May 16, 2008
Letter to the Editor
Re: Open Letter to Chief Justice Reynato Puno in re:
JUDICIARY EXECUTIVE LEGISLATIVE ADVISORY AND
CONSULTATIVE COUNCIL (JELAC)
Mabuhay:
As a local Bar leader and as a concerned Filipino citizen, may I respectfully manifest some of my thoughts, if not misgivings, about the JELAC, for your kind consideration and for the good of the Philippine Justice System:
- The practical goal of the JELAC seems to be plausible, i.e., to study ways and means of funding and supporting the physical and other needs of the Judiciary;
- The composition of the JELAC seems to be effective because the highest officials of the land are sitting therein to make the necessary policy and funding decisions for the Judiciary;
- The danger of the JELAC being manipulated by the Executive and/or the Legislative (especially by the Executive) to influence the independent mind of the Supreme Court En Banc is real and alarming, because the Chief Justice, as a member of the JELAC (under the Executive as the Chair thereof), will be jointly deciding on non-judicial matters (funding and tax issues to raise funds for the Judiciary, policy and administrative decisions, etc.) which may be raised in some future time before the Supreme Court En Banc by some public interest groups and concerned citizens and lawyers on constitutional and other equitable or jurisdictional grounds, in which case, an unethical conflict of interest situation would surely arise;
- It is therefore not politically and ethically advisable for the Chief Justice or any Associate Justice of the Supreme Court, for that matter, to sit in the JELAC. Perhaps, the fears of the Bar may be alleviated if the Court Administrator (CA) and the Chair of the Philippine Judicial Academy (PHILJA) would sit in the JELAC, and not the Chief Justice or any Associate Justice ;
- It is doubtful whether the Constitution and jurisprudence allow the Chief Justice or any Associate Justice of the Supreme Court to perform tasks other than those that may be characterized as judicial in nature and those outside the express mandate of Article VIII of the 1987 Constitution;
- I do not wish to think that the JELAC is a political and financial trap laid by the Executive to influence the Supreme Court in the face of pending cases that personally affect the political survival of the sitting Executive and her political allies in Congress, because I wish to give the JELAC concept the benefit of the doubt; however, my mind is not at ease with the idea of the Chief Justice of he Supreme Court (the final and ultimate arbiter of constitutional issues and special civil actions questioning the abusive, oppressive, confiscatory, and unconstitutional acts and issuances of the Executive and the Legislative) sitting as a fellow planning and administrative officer of the Executive, the Speaker of the House of Representatives, and the Senate President (all of whom are partisan politicians) in a so-called consultative body.
- I accept that the constitutional doctrine of separation of powers must not be misinterpreted as absolute isolationism by and among the three great branches of Government; however, I feel that delicadeza and caution must be exercised by them, especially by the Supreme Court, to insure that they avoid jeopardizing the integrity, neutrality, and independence of the Supreme Court.
- If the Executive and Legislative wish to consult with the Judiciary on practical matters to improve the Philippine Justice System, their technical officers may simply sit down and discuss with the Office of the Court Administrator of the Supreme Court, without putting at risk the independent image of the Supreme Court in such mundane endeavors.
In conclusion, I humbly submit that the participation of the Chief Justice or any Associate Justice of the Supreme Court in the JELAC must be reconsidered.
Thank you.
Sincerely,
Atty. Manuel Laserna Jr.
Founder and Consultant –
Las Pinas City Bar Association;
Professor of Law, FEU (retired)
Past Vice President, IBP PPLM Chapter
[1] LPBA motto: “INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE.”, based on a speech of the great human rights advocate and Nobel Peace Prize winner Martin Luther King Jr.
