Standing up to the Supreme Court is a constitutional duty of the executive and legislative branches under the principle of checks and balances

This latest clash between the executive and judicial branches of government is testing the limits of our constitutional democracy and, to my mind, rightly so. Clearly, the old ways and the old approaches in our efforts to fight corruption and lawlessness have failed us. The system of justice thus far has failed to ensure respect for the rule of law. Hence, we see the prevalence of lawlessness and, most unfortunately, the Supreme Court in a string of controversial rulings has helped little in restoring faith and respect for our system of justice.

These rulings include: the flip-flopping on the case involving the League of Cities, wherein the SC flip-flopped four times in a span of two years; the flip-flop in the FASAP PALEA case; the TRO against the House of Representatives when it initiated impeachment proceedings against Ombudsman Mercy Gutierrez, who was accused of protecting the ARROYOS by sitting on cases filed against them; the voiding of the Truth Commission meant to investigate the Arroyos; and the TRO last week to allow the Arroyos to leave for abroad without any certainty as to whether they are to return, nor any definitive finding as to whether her condition was indeed life threatening (See dissenting opinions of Justice Sereno and Carpio).

In fact, in all of the above-mentioned cases, the SC has courted insubordination and disrespect for what many have described as the whimsical and arbitrary exercise of judicial authority.

It is in this context that, as a member of the legislative branch of government, I am convinced that we need to push the and test the limits of our constitutional democracy and see how far we need to go, how far we need to test its efficacy to effect sweeping change and reform. Yes, this is out of the norm. Yes, this is non-conventional because, clearly, we cannot do the same thing over and over again and expect to see real change happen. We need to do things differently. We need to take risks and venture into unfamiliar legal and constitutional terrain if necessary. We need to experiment with new approaches. We need to be bold and daring and--yes--even irreverent, if we wish to see real change happen.

Hence, we support the position taken by Secretary Leila De Lima, and we urge the Supreme Court to read the writing on the wall. Arbitrary and whimsical court orders, directed towards a co-equal, have no place in a constitutional democracy. It must be opposed vigorously. In fact, both the executive and legislative branches of government must unite in its exercise of its constitutional duty and its obligation to serve as a check on a wayward judiciary.

No, this is not anarchy. This is democracy at work. It is the principle of checks and balances at work. It is, to my mind, the sworn duty of the executive and the legislative departments to act as a check on a wayward judiciary. We will respect the Supreme Court, yes, but we will do so as a co-equal and not as a meek, submissive and inutile subordinate.

My statement on the latest clash between the executive and the judiciary

This latest clash between the executive and the judiciary is testing the limits of our constitutional democracy—and rightly so. The old ways and old approaches in our efforts to fight corruption have failed us. The system of justice has by and large failed to ensure respect for the rule of law. This explains why lawlessness and disregard for the rule of law continue to plague us.

The Supreme Court, in quite a number of recent decisions, most unfortunately, has not helped much in restoring faith and respect for our justice system. In fact, it has courted insubordination and disrespect for its almost-whimsical and arbitrary exercise of judicial authority in a number of recent cases.

It is in this context that we must, in fact, push and test the limits of our constitutional democracy and see how far we can go to effect sweeping change and reforms. We need to think out of the box. We need to do things differently. We need to be bold and daring and, yes, bordering on near-recklessness if we wish to effect genuine change for our nation.

It is also in this context that we support the position taken by Secretary Leila de Lima, and we urge the Supreme Court to read the writing on the wall. Arbitrary and whimsical court orders that show utter disrespect for a co-equal, whether the executive or the legislative branch of government, will be faced frontally. In fact, both the executive and the legislative branches must come together and ensure that a wayward judiciary is put in its proper place.

No, this is not anarchy. This is democracy at work. This is checks and balances at work. It is the sworn duty of the executive and the legislative departments to act as a check on a wayward judiciary.

Whether it the legislative or the executive branch, to stand up and oppose the Supreme Court is to fulfill our constitutional duty to serve as a check on a co-equal branch. The Supreme Court should think long and hard before it punishes Secretary de Lima. They may have to cite many others in contempt and there won't be enough jails in the land to place all those who have grown sick and tired of the pervasive corruption and inutility in the justice system we have all come to know all these years now.