Constitution Day

Media

Part of The Lawyers Journal

Title
Constitution Day
Language
English
Year
1960
Subject
Philippines. Constitutions.
Constitution Day.
Constitutional conventions.
Republic Act No. 1186.
Judiciary Act of 1948.
Philippines. Supreme Court.
Philippines. Congress.
Rights
In Copyright - Educational Use Permitted
Fulltext
CONSTITUTION DAY Co1'Btituti0n Day w.. fitti'lll/ly obsB1'1!etl in Mam/a 1.-ith the Supreme Court to declare saitl law unconstitula1t Febma;ry 8, the tla;t., .the tezt of the Co"8titutio" w,.. tiona;I a;nd Olr(ltUld t/&a;t "the Conatitutio" ,,.. guaranteed submitted to tlw Co...Ututional Conv6"tion for itB fi'IUJJ. the t f · ,.,,__ f the --• approval twenty-"'··• ye"re ago. The ......,;,,;,.g ~elegatee, mure o o '""' o """""'er' of the jtuliWJ,ry by 1 •• " provitli7'g th<it 'the member• of t"8 Swprome Court <ind h<ippily •till more th<i" one-half of t"8 mtire """8titu6"t a;!! f~gee of !nfmor courtB '~"U hold office duri7'g good body, were properly regaled, in ..., effort, no doubt, to beh<ivwr, U7'til th811 rmu:h tkB age of 81,.,.,.ty years or .......W them 1esl· that despite the flight of time and the b~come ineapaci~ed to d!UJch<irge tkB duties of t"8i,: of· lnezoroble fact that sooner or later they, too, will join f•!'",'· Implementing this C0"8titutional provision, the J• th.e ca;nJ11Q;n to that .. ,,,.,,.,,C0118r'd · 001lllOtry from whose dimary Act of 1948 pro11itled that 'No Dismct Jtulge boum no traveller returns," the public stiR ram...Wers Jtulge-at-Large, or Ca;tla;st:raJ, Jtulge shall be separated 0; them with pride and gratitude and appreaia.tes th.eir en- removed f"!"!' office by th.e ~ent of the Philippines during work, the monument th811 reared for t"8 good of unless sufficient causo shall ezist, in the ;tulgment of the tho poople and the glory of thBir nativo land. 8!'Preme Court, involTJing serioue miscoMuct or tnaff;r But COf!Btitution Day tloee not and cannot moa" much coency, for the removal of said ;uil.ge from office afif in reaMty it merely ....,,es ,.. ..., occasion to honor and ter the 1»'0Per proceedings,' <ind the Rules of Court pree:ttol t"8 living delegatee und to remind tkB pr...,.t gen- scribe the :('ro•edure for tkB removol of jtulgee of the erution th.cit it h .. a """8titution of its own "oacredly obli- Court of First lnsta7'ce, which is cha.racterised by due gatory upon a;!!," in the graphic words of w .. hington, proceee, for t"8 itulge should be mformed of the ch<irges und tha;t on the eighth day of the second month of every ugai1'Bt him, und he -should be heard In his own def8"8e year, the people must observe it und what it stands for. before he is removed. Its real me"ning lies far deeper th<in the mere outward •. o~anee of the day. It ie a co"8tant and solemn re- But for the Congress to charge ;wlges .. incompetent mind.,. to aU t"8 Filtpino people th<it on th<it parUCular ' bi· d!'honest, "nd to logia/ate them out, the. Congress thus day they ought "nd must rsnew their pledge of dediea- p~ymg th_• _role of ~ccuser a..a ftulge at the 8"me time, tion to the d<fsnse' and preservation of so nob lo a eh<ir- with.out fll."'"9 ~h.e iwlges concemed the opportunity to ter so th<it its spirit shall o.lwa11s prevail "nd the princi- be hoard m th .. •· own d•fense, iB a prooedure not .,.,... ples it enunciates a.?id embodiea shall remain forever tioned by our Ccmstituti.on a.nd unknown in a. {1()1JBrn· triumphant und inviolate. "'""t of laws. The constitutional provieion securing the In his impresei1Je valedictory address in Spanieh ;., ttmure of office and salaries of members of the Judiciary 1985 a.swell as in his recent Bilvw a.nni11erSMY speech i.n were e~essly intended as limitations upon the power English before· t.he delegates and their guestB and friends of the e:tecuti11e and legielati11e departments to disturb a.t. the Manila Hotel, Senator Claro M. Recto, President these .•afegua;rd.e of ~n indep6"dent depO!rtment. They of the Co"8titi/.ent Assembly, ezpresaed the hopo th<it were •n~d. to be fi:te~ and uMUerabl•, subject .. io .... future geruxro.!Jiims of Filipinos will "recognize the !of· to ?He limitation whi~h ••, the r~ of a jtulge from tiness of our motivss "nd the mfl!mitwle of our task" and office .f?" causes o( his own croation [serioue mieconduct] t11iU realize th<it the ultimate goo.I "" 1oell .. the .. pira- or a,....ng f~ h'8 person"I condition [ineapacity to diation of tho d.eleg,.tes w .. that God make the Philippinee charge the duties of his offi•• or for havi'lll/ reached the "" happy country." At the same time he 110iced his con- <ige of 70 years~ to _be determined by the Suprsme Court, fidence that "t"8 Constitution oh<iU ... li11e through the '!"t by the LegisllJtion. In other words, the r""'°"al of ages a;s long .. tkB Nipino nation ska;!! 1i11e." iudges on ""II of t"8se grounds must be made by ,...,.,.. His prediction ie surel11 a con.summution devoutl11 to of tkB proceeding. prescribed,. which iii itulicial in nature. be 1oiehed by evsry true Filipino. Unfortunately, at· the TkB C"'!"titution does not vest in the ·Congress the power rato the COf!BtitutJion h.. be6" fl.outed and violated for to ~mte the tmure of office of ftulges of the Court sheer political ezpedisncu, one may well wonder how long of First !""t..nce or any other fudge by removi'lll/ them it will rea;ll11 last. In the past few ye,.rs, two important from office. It Ila 'high time that the Supr..,.. Court ..... h<ive been elS11ated · to tho Supreme Court to test should atop once and for a;!! this injtulicious eneroachmsnt once "guln its 11o.li&ity a1'd sacredness .. well ,.. the sin· of the Congress upon the ftuliciary, and to make t"8 Concerity of soms of itB lsadina framers and avowed a4- gress roaliee that although the judiciay does not possess mire•·•· On both occa;sions, it ,is sad to sa;y, on1?1 one of the force nor the will but m&reZ.J ftulgment, and although th~ de~gate~ ~red come to .•ts rescus, only one tla;rod it cannot diepense honors "nd hold the sword like the t-a.tse his !otc~ tn _protest ~go.inst the a.ttempt to c_onvert ezecutive, nor command the purae like the legislative yet the Qonstitution into an ,,,.t.l.......t, a w&apon •n the 't . -•· · '. strugale for political power. i '8 not a subo,...ina;te of the ~7e~twe or of t~ legis/a.The first fr<lgrant "nd in " way most scandalous ture, and t~ ~ the P.hilt~P:'~ "°"."ti~onal. Bii•· case was the deliberate "weeding out" by mere legiala.- tem, the legis~ve, the ezecutive and 3udicial. deparrt •. tion - Republic Act No. 1186 passed by t"8 Congress m.,.tB are a;!! coordinate, co-equal and pot6"tia;l!y coez. a.nd became a. law in miMight of June 19, 1954 - of tensi'IJe." Judges-at../Arge and Cad .. t:raJ, Jtulges. The only ..... on Article Vlll, Section 10 Qf the .Constitution of the Philippinee provides that: "No law may be declared uneonstitutio'IUJJ. without the concurrence of two-thirds of a;!! the mombers of the Supremo Court." Unfortun<itely-, the ousted judges ioere not able to secure the concurrence of two-thirds of aU the. membero of the Suprome Court in declaring the law unconstitutional. Seven Justices voted for holding the law un"""8titu.ti....U "nd four in fcivor for the move wus th<it, ,.. tkB majority floor leader of the House of Representatives put it, sp6"/cing evidently for the rest, the party in power considered th..,. "undeeirable" presumably because they did not toe the lino. Former Senator Franeisco' filed " prohibition c .. e 1Chairman of the Committee on Judieiar7 of the Constitutional Convention. FebnJl,ey 29, .19.60 LAWYERS JOURNAL •• of its ..,,...titutionalifv. One of t/i.e J1Ultit:etJ' consid..-61l BUch law "' an attempt 4gai"8t the imlepondonce of the Judiaialrri, am! made tko foll.owtng remark: "Admittodl11, soctlon 7 ATticle VIII 4ims to P'l'f1" .....,. the imlopendenco of the :iudiaiaJrrl. It ..,...,.., tkat·BO 1.ong "' ther b•h"""· t/uly cannot be remo.,ed from of/io• - no ,,.,.tt..- what parlll controls th.e Govemm611t - ""til th611 TB4Dk t/i.e age of swenty 116M"8 OT become incmpaoitatod. To complete their ill<lependenco fTOm political control OT preBBWre, it fwrth..- ..,......, thsm that tkeir alllaries cannot be diminished awing thei#' incumbenc11. [Sec. 9]. Hence it ,,.,., bo ,..w, of what consequence is the ..,...,..,,.., of tenure of office and of salaTY non-diminution, if. anrw411 judges could be legislat61l !"'t ·thTOugh " court reorganiemtiOnf ••• The Constittr tional Con.,ention want61l judges """{raid to loee their jobs or their sala.t;ies, unmo.,ed am! ""811J/11161l by any consideratio"8, e:x;cept tho trepidations of the fu4icial bala.nce." Anoth..- Justice'. "8eerting thet euch kiml of law tends to make the Judiciary eubaeT'1ient to the Lsgislatu:re, Bllid: ·"We can ,...,,. no independent Judioiary if judicial tenure ,,.,.II b• skOTtened or destroyml, bit legistati"e reorgBnieation, how6"er well intention61l _am! well meant. There is real 4nd OT""• danger of the Jfitliciary ...,611tu4Uy being sul>Bffllient to a Legis'ltl.llur8 th"t thru 4bolitipn of judicial posts bit m.,.... of a :iudicial reorg,.nieation can ""make judges. Ami how could " Jw!;i,cifl,ry, which ""4er " ..,,...tituti<mal form of govem.m.ent, is supposed to act aa a. check ,.g4i"8t t/i.e Legisllltwre for any violatiOn of the ConstitutiOn, do so when such Judiciary is subseroient to tho Legislature it is supposed to check f'' Th.e ••com! case is not leBB sca:ndalmur GB the firft one. It 6&11ol11ed an ezeoutive 'Violatiotr. of the same doct.ine of sep,.rotion of powsrs. A judge of t/i.e Court of First I...t .. nce of Iloil.o W"8 direct•d by the President, thru the Secretary of Juetice, to ....,. in the Offi•• of the Prasidsnt m Malecanang "' 4dms..- on ~•gal matt..-s, .,.;a judge h""ing ...,.,..festod that "he would 86T1J• ln thet cep,.city becaUBe the Presidsnt wanted him to." E:x;-Ssn4tOT Francisco, asserting that BUCh 4ct of the Presid.,.t was """°""Oitutional, i"'tituted a ,,.,.mlamUB proceoding in the Supreme Court to compel sa.id ;1,doe to dtscha-rge his f""•*"' as BUch, 4nd thet his ,.,Bignment to '""'" as legal '4d1Jiser in M..tacallang, - " non-judicial functiOn - be doclM'ed as 1Jiolati1Je of the Constitution. Contsnding that the act of the Preskl.ti:ni: '"as uncon..crtituN'll'l74l Atty. Francisco 4dwnc61l the following argumsnt be/OTO the Supreme Court:' "The order of the President to the Secretary of JUBtice to reliB1Je the respondent judge from his duties of perfoNnJing the judicial act of 4dmlnistering ;ustice in the cowt of which hR WCIB appointed and to detail him in Matacanang to p..-fOTm non-fudWal functions - to "8oist him on legal matters - is doubl•1 un..,,...titutional, firstly, ~ecaUBe the Constitution has· not gi1Jen him any power to give such order, and secondly, beca.use BUCh order 'Violates the principle of separation of powers. The ConBtitution has in.,est61l the powsr of g01Jernmsnt in threo .distinct departments: the LsgislatWe. E:tecuti1Je and the Judiciary, all of 1uhich are poaaesaed of powers ....,...,.ting alike from the people am! limit61l and defined alil.. by tho people; thUB, all thr.. deparlmenta. are coordinate, coequal and co-impOTtant and of equal dignity. Thoe dot4iling of a member of the Jutficiary to a position tmder the ea:eioutive department and in wht:ch he is responsible to. the President for hfil offi'Jial acts, would have 2Mr. Justiee Cesa1· BeDRZQn. 1M1·. Justice Mar&ltno a. Montemaycu·. the •ff••t of r61luoing the Judicia.rg to a position eubordinate to that of the ""'""'"'"" in 1Jiolation of the principle of C06qUIJlity am! equal digflity of the two departmsnts. The truth of this proposition is too plain to require elucidation. To say th1>t BUch a practice is law/111 1>ml permissible would be to B"1J toot the e:x;ecuti'1e ,,.,." detail not only one but two, {i'1e, tsn or a.ny number of judges of first ;,..tanco to his office. It is immateriol whether the Presidsnt will do it. What is importa.nt is "whether he can do it. If judo.es wer" to drop their duties 1>t the .bidding of tke Presidsnt or the Secretatry of Juetice in order to work in the e:i:ecutive department, the Courts of First Imta.nco would be " mere appendago of tho ezecuti1Je, to be ,...,,, ,.. the President ple,.,es. Th..-eb11, the E:i:ecutive would have. it in his power to destroy the m.: tegrity am! effecti""""'" of the JudioiMt/, cripple it atul render it useless whenever he pleases. In a democracy such as ours, no tn.at more sacred <ittd 1Jital could be reposed by tho B01Jsreign in any ono toon toot of e:x;eroising judicial powers. In the carrying out of toot t.UBt, the judge, ali a minister of iuetic•, P"''"' upon questi°"' affecting the Uf•, lib..-ty am! property of the citie.,... I" him iii confided the solemn t,.,k, no~ only of enforcing am! protecting pereonal Gm! propnet"'1J rights, but of safeguarding the people from tyranny a.ml oppression ,.m1 pr1B0T1Jing. their freedom and inalisnGb~ constitutional rights. He is part am! iiareel of the ;..a .. cilM"!I which is 1JBneroted as the bulwark of fUBti<:s ,.m1 freodom. Upon accepting toot t.UBt and taki"n the oa.th toot with the help of God he will well am! faJit.hfully diBcherge tho same to the best of his ooility, reepondsnt should ,....,. felt himself consecrated tksreto "ml proeeed61l to perfOTm the 8"me with utmost de1Jotion and dedication. He should not """" eubseT1Jiently obeyed the ord..of the Presidsnt to '""'" in Matacanang as it is offensi"e to the Comtitution which he as fudge am! the President ,.. such ,....,. solemnly sworn to BUpport am! defe:nd." UnfOTtuMtely the deoieion of the Supreme Court w4B not m4de known fu the people becaUBo before its promtdgation, of the decision whi~h _would reportedly h~e 4d"ersely "ff••ted him the Bald 1udge !W"C6""'d ...,.n1fested to the Court that he was appointed technical M1Jleer on legal ..... tters to the PresUlent, thet he accepted such office of legal 4d1Jieer "ml "b"•~•d and· renounced his office ,., judge of the Court of ~rst InBtance, and, th.ere/ore, the case for mandamus against him. had become a moot question and mUBt be dismissed.. And th• Supreme Co'!rt t·eaolved to dismiss the case, as it became a moot one with the resignation of the judge. Paradozical CIB it may sound, in the case of ;udges, the bi'IZ which was "°""erted into law ousting them fTOm th• Judiciary w"' filed by a fDTmBT delegate to the co"'titutionol ~"sntion, one of the iuetices who 1Joted in fa."OT of the co"8titutionali~y ~f .t/i.e law was also a fo~ delegate am! three of th$ "'ctims of such law were lik•· 1r:iae former delegates to the convention. Timoly, th..-efore, is the following wa.rning of Sonator .Recto: "Neith67' in the toils of the day nor in the vigils of the night can the sentinels of the Constitution reta:x; their 1Jigitance. L•t us all be '°"TY 4ml staml by our arms, lest, by eulpable tolerance or by criminal neglig.,.,,,., our aa....try aluntld in some forbid.ding future become a dOBolate C4rthage wherein only the nak61l. rui"' of our republic shall remain, faU... monumsnts of the p4Bt in 1ohose debria our descendants, by then the fOTlorn bondsmsn of some •O>TU'llt despot; aha.U in vain endeavor to decfpher the 1.a:ngu.ge of the Constitution, i"8cribed, "' in forgotten: hieroglyphs on the sarcopoogUB of our de4d freed<Yms." 84 LAWYERS JOURNAL FebraarJ' 29, 1880