Controlling the judiciary

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EDITORIAL
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February 9, 2018
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THE CURRENT Charter change (Cha-cha) proposal cuts the retirement age of incumbent justices to 65 years old but extends the retirement age of President Duterte’s judicial appointees to 75 years old.

It doesn’t take a genius to figure what this is all about: it aims to grant the President control of the judiciary. It is actually an attempt to shield him from accountability, according to former Ilonggo congressman Neri Colmenares, the Bayan Muna chairman.

Page 2 of the Draft Constitution of Sub-Committee 2 of the House Committee on Constitutional Amendments contains the proposal on the retirement. Justices and judges who are supposed to retire in 2024 or 2025 and beyond will have to vacate their offices once the new Constitution is ratified in 2019.

Since the same Draft Constitution abolishes the Judicial Bar Council, the President will then be able to directly appoint more judges and justices in the judiciary.

Then there is the self-serving increase of the retirement age of justices and judges appointed by the President under the new Federal Constitution. While incumbent justices are forced to retire earlier, the appointees of President Duterte will be given a higher retirement age. Under Article VIII, Section 12 of Resolution of Both Houses No. 8, the retirement age of the Duterte appointees under the Federal Constitution shall hold office until they reach the age of 75 years old.

Provisions like these are what make this Cha-cha dangerous because it centralizes formidable powers on the President in the guise of shifting to federalism. The judiciary will be littered with the President’s appointees long after his term ends in 2022. This practically increases his control over the judiciary while at the same time makes it difficult to file cases against him and extract accountability after he loses his immunity from criminal prosecution in 2022.

Under the Federal Constitution President Duterte is empowered to appoint his Cabinet members to the Interim Parliament. Now his appointees will litter the entire judiciary. Wow! Even those who support federalism must be wary.
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