Of Politics and the Rule of Law in the Philippines

From the Huffington Post.

The impeachment of incumbent Philippine Chief Justice Renato Corona has commenced in the Philippine Senate, with the customary fanfare one would expect in Manila. Consistent with the circus-like atmosphere that has prevailed throughout the course of former President Arroyo's prosecution for alleged corruption and electoral manipulation while she was president, pro- and anti-Arroyo forces were out in force. The proceedings may ultimately become a commentary on whether the Rule of Law is taking substantial root in the Philippine judicial and political process, or whether pretensions to reform remain nothing more than political machinations dressed up in the emperor's new clothes.

Depending on one's viewpoint, Corona's impeachment may prove to be the crowning achievement of the so-called 'Davide Watch' -- the eponymous description given to the vision of former Chief Justice of the Philippines Hilario G. Davide Jr. (1998 to 2005) who, during his stewardship, envisioned and promoted "a judiciary that was independent, effective and efficient, worthy of public trust and confidence." On the other hand, a conviction could in fact point to Davide's failure to inspire fundamental and normative change in judicial culture. Much will depend on the aftertaste left by the process of the impeachment itself.

The impeachment of the head of the judiciary of any state can but be seen as the ultimate homage to the Rule of Law, and it is of particular resonance in the Philippines, where the establishment of the Rule of Law received primacy as part of Davide's agenda through his Action Program for Judicial Reform (AJPR). With its six-pillared reform agenda, the AJPR sought to establish and ensure judicial autonomy and independence from political interference, and the speedy and impartial administration of justice. The World Bank has endorsed it as 'among the most comprehensive and successful judicial and legal reform programs today.'

If recent media reports are anything to go by, however, the World Bank may be changing its tune. Some sectors of the media seem intent on laying the blame for this debacle squarely at Corona's feet. On January 15, 2011, a report in the Philippine Daily Inquirer pronounced that 'the Supreme Court, under the watch of Chief Justice Renato Corona, has been weighed and found wanting.' This pronouncement is based ostensibly on a World Bank finding of questionable procurements and disbursements in the high court in connection with the Judicial Reform Support Project (JRSP), the World Bank's adaptation of the name of the APJR, designed to restore efficiency in the dispensation of justice in the country.

Amidst accusations by Corona's attorneys against the media and others of 'black propaganda.' one has reason to question Sunday's pronouncements and the media's agenda, if the Philippine Daily Inquirer is an example to go by. Could this be symptomatic of 'extra-judicial' attempts to prejudice the hearing of the complaint against Corona?

*Daniel Wagner is CEO of Country Risk Solutions, a cross-border risk management consultancy based in Connecticut (USA), Director of Global Strategy with the PRS Group, and author of the forthcoming book, Managing Country Risk (March 2012). Edsel Tupaz is founder and managing partner of Tupaz and Associates, and a professor of international and comparative law, based in Manila. Jermaine C. Spence is an attorney-at-law and law professor who designed and taught the Offshore Finance Law course at Fordham Law School.

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Here are some of the comments on the article.

By Pacifico Renato
Philippine­s is going not to the DOGS but to the MONKEYS because "it is easier to teach an old dog new tricks than Filipino old tricks"

By eric14
Very difficult for the Rule of Law to take hold in a clan-based oligarchy with a slippery democratic facade. Hoping for judiciary to push things forward may reflect last recourse of idealism of those who would develop civil society along peaceful, legal lines. Class tensions will increase.

There are ways forward. none peaceful. All entail disenfranc­hising and disempower­ing the ruling class and confiscati­ng their wealth. These measures cannot be taken because the first law of the bourgeois rule of law put in place is that property is sacred. Especially the property of the ruling class.

And those who talk of changing this will be called communists­!

''Yankee go home! And take me with you.'' (1980's Philippine­s bumper-sti­cker)