A litigious nation

“Bad laws are the worst sort of tyranny.” — Edmund Burke

WHEN the impeachment complaint was filed against Chief Justice Maria Lourdes Sereno, her days were numbered, and her fate was sealed.

The choice was between a protracted and laborious impeachment trial at the Senate, and fast-tracking a questionable “quo warranto” petition before the Supreme Court.

Either way the outcome would have been the same as the Duterte administration was determined to oust the chief justice though there is always a glimmer of hope that she may escape conviction had the impeachment trial proceeded to the Senate where independent thinking and judgment are feasible, especially since there will be no Disbursement Acceleration Program (DAP) or PDAF to grease the palms of judges and prosecutors as had happened during the administration of former President Benigno Aquino III.

First, every incumbent president would want to work with a friendly chief justice of his own choice.

Moreover, CJ Maria Lourdes Sereno is not only one of the youngest, and the first woman chief justice but would have presided over the Supreme Court for the next 20 years till retirement.

This situation would be unthinkable for a sitting president, and presumably the same with his successors.

Second, while there is no forseeable constitutional crisis with the ouster of the chief justice by quo warranto decision, there would be a constitutional and contentious crisis, if by chance, the chief justice is exonerated or is vindicated by the Senate.

Without doubt, the reputation and prestige of the Supreme Court has been indelibly tarnished, especially with the overt partisanship of certain justices.

Thus, the biggest challenge of the next chief justice is how to restore the people’s respect and trust in their Supreme Court and the courts.

Third, since we tend to be a very litigious nation, instinctively resorting to the courts to resolve disputes, the “quo warranto” approach to remove public officials has become fashionable and intimidating.

For example, an incumbent number of Congress has won before the Supreme Court two quo warranto cases against him questioning his nationality and residency.

It’s a consequence of Chief Justice Sereno’s ouster. This is an opportune time to cleanse the stables, so to speak, purge and reform the rank and file of the judiciary.

In a related way it’s, a good time to pass the death penalty bill and decongest the overcrowded prison cells all over the country.

When all is said and done, reforming the judiciary is easier said than done but it has to be done, especially by a closer screening and vetting of candidates to the judiciary.

You be the judge.