Justice without fear or favor

Title

Identifier

Editorial

Language

English

Source

The Lawyers Journal XXVII (9) September 30, 1962

Year

1962

Subject

Justices -- Supreme Court -- Philippines

Garcia, Paulino J.

Rights

In Copyright - Educational Use Permitted

Abstract

[The Supreme Court decision on the suspension case of Dr. Paulino J. Garcia should be a sobering reminder to the country of the indispensable role played by an independent Judiciary in our system of representative democracy, and breathes meaning to the principle of separation of powers. Indeed the case of Dr. Garcia has focused and dramatized the continuing and imperative necessity for the country to maintain a judiciary that is, free and independent. Nothing less can insure protection of the citizenry against the excesses which may be committed, deliberately or not, by the most powerful branch of the government.]

Fulltext

JUSTICE WITHOUT FEAR OR FAVOR The Supreme Court decision on the suspension case of Dr. Paulino J. Garcia should be a sobering remiuder to the counl1'y of the indispensable role played by an independent Judiciary in Olli° system of representative democracy, and breathes meaning to the vrinciple of sepm·atio11 of powers. Indeed the case of Dr. Garcia has focused and dramatized the continuing and imperative necessity /01· the country to . maintain a judiciary that is ,free and independent. Nothing less can insure vrotection of the citizem'1J agaiust the excesses which may be comniitted, delibemtely 01· not, by the most powerbtl brnnch of the govermnent. The unpleasant afte1·malh between the President fllUl one of the concurring justices should not deflect our appreciation away from .. the fact that, following vrom:ulgation of the decision, which must have been unpleasant to the President, the President nonetheless openly pledged fealty to the decision of the Suvreme Court. The decision in the case of Dr. Paulino Garcia came opportunely. Before that decision was handed, responsible qu1.u·ters were already expressing apprehension over the way investiga.tions were being conducted by the zealous prosecutors of the administration. Trial by vublfoity, fueled by the frothhig accusations sensationally aired by supposedly rnsponsible officials, was frightfully becornhlg the oi·der of the day and the p1·omise of the new era. These officW.ls conseque1itly gave the impression that theirs - and the administration's - was a righteous zeal which would tolerate 110 sober-ing caution, not even tlw caution dictated by the supreme law of the land. In their drive to ferret out graft, administration official.s apparently became oblivious of the fact that there is such a thing as procedural due process and the constit?lUonal mandate to hem· before one condem:ns. Righteousness 1 ·s not valid exc1lse to trample upon 1·ights guaranteed by the Const1tution. It vrecisely becomes the duty of those who would vroclaim a "new era" of morality to scnipulously obse1'Ve and enforce the Constitution and ow· laws. Public officials who cannot observe the law can never really be expected to be genuine servants of the moral order, 11cw aud othawise. T hei1's he-· come a, self-1·ighleous11ess which conceals an evil motive. It i.s unfortunate that for every case filed, for every i11vestir;ation instituted, fo1· ever.11 accusation 11wde, the 1·ep1£tation and honor of persons are involved. and this stir;ma of notoriety brought about by irndue publicity cannot be completely eradicated even 1f the·fr i.nnocence is el:entually vindicated. But tw·ni.ng back to the S11,preme Co11rt, it is heart· eni11g and refreshing to realize that it dispensed jusMce as it deemed fit, without fear or favor, and without regard to the known desires of the most vowerful elect·ive official of the land. This indeed is the true functi.on of those who sit in the Judiciary. This 1·s the spit·it that should penneate the crctuations of even the most obscure justice of the peace, not to mention the entire gc11nut of membership in this most venerable of our govennnent institutions - the Bench. There 1s no question but that the Suprenie Court will continue to resolve cases 1:n the spirit of courage and independence. I t did not hesitate to it7Jholcl the President in the A ytona-Castillo Central Bank cont1'0versy. Now it has not hesitated to uphold the cause of suspended Dr. Patdino Garcia. No one can accuse the Supreme Court of either bt·.as or fear. It Continues to proclaim. the glory of courageous thought and independent action. One vrays thnt this glory rnmuins ct 1Jennanent heritage. It i.~ a heritage which officials of the other branches of the govermnent would do well to respect. It is the l.ast bulwark of the 1-i.ghts enshrined in the Constit1ltion and so long as we pay honwge to the Constitution so long m.ust we vay homage to the independence that has made our Judiciary wlutt it 1·s. Justice, dispensed without fear or favor, is the only fustice to which a people, livin.a u11de1· a regime of law and not of m.en, 1·s entitled. A11d nothing should be tolerated by the l!ttblic co11scie11ce whi.ch would in any way weaken or lend to- weaken a systeni which dispenses that kind of justice. · September 30, 1962 LA WYERS JOURNAL P.agc 257

pages

257

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