It is now a go. After much deliberation, maneuvering and delay, the Supreme Court, in a 9-to-6 vote, has decided that Senator Grace Poe can run for president. Clearly, this decision was not based on the law alone but was arrived at looking at the case in its entirety. Nine of the justices decided that the people are going to be better served if the senator is allowed to run.
Not everyone agrees, of course. Legal purists who believe that the case should have been decided based on the law alone feel betrayed because, as one of the petitioners (who is a lawyer) remarked: “The law is so clear.” But if that is the case, then there would be no need for lawyers and judges because everything is so clear and there is no longer any need for any legal interpretation.
The petitioner must realize that laws, as they are written, are not that simple. Sometimes they are ambiguous. What is interesting is how the justices voted. Four of the six Aquino appointees voted in favor while two voted against. The three members of the Senate Electoral Tribunal, being consistent with their earlier position, voted against.
Although this vote is perceived by many as a bold and independent vote by the Supreme Court, it did not start that way, according to a reliable source inside the Court. The Palace led by the President himself is said to have led the effort to disqualify Senator Poe. This effort was relentless at first and according to this insider, tens of millions of pesos were given to a certain justice to work for the disqualification of Senator Poe. When this justice went to work on the other justices, it became apparent that it was not so simple.
If it were going to be decided based on the law alone, it would have been a lot easier. But during the many meetings, other important considerations started to creep in. This may be one of the reasons why the other justices who were sympathetic to the Palace hesitated. Some of them went so far as to make their sentiments public instead of keeping their inclinations to themselves. One changed his position from disqualification to allowing the senator to run. This made the efforts of this justice complicated to the extent that this justice was beginning to be suspected of working for the Palace.
What is not known at this time is why, in the end, the Palace eased up on the effort to disqualify Senator Poe. Maybe the Palace saw the writing on the wall and simply gave up. Even the boyhood friend and classmate of the President voted for Senator Poe. What of the justice who received millions to work for the disqualification? The court insider would not or cannot say how that person voted. Maybe we will find out in the future and who that justice is.
What the vote tells me is that the justices decided to play it safe. Maybe they were thinking that since the President will be history in about 90 days, prudence is the better part of valor. And judging from the initial reaction of the public so far, it would appear that it is a popular decision. Is the country better off with Senator Poe on the ballot? My take on this is yes not because I am going to vote for her since I am not a registered voter and also because of my experiences in the 2010 elections. At that time, Mr PCOS Machine reigned supreme.
Going back to the electoral contest, having Senator Poe on the ballot will give the people a deeper bench from where to elect the person they want to lead them for the next six years. I have a deep and abiding respect for the collective wisdom of the people to be able to choose the kind of leader they want. If there were leadership failures in the past, it was because these leaders betrayed the trust given to them by the people.
There really are clear differences between the five candidates in many respects: Upbringing, temperament, education, experiences, abilities and many more. And since the Supreme Court decision came on Tuesday which was Women’s Day, it highlighted the fact that in this upcoming presidential election, both genders are represented. The country should be proud of this.
This country is the best country in Asia, and for that matter anywhere in the world, to be a woman.
For now, the Supreme Court can take a bow for showing (at least outwardly) that it can make a decision regardless of the pressure coming from the gods.
Meanwhile, the reaction of the Comelec on the Supreme Court decision is neither here nor there. Although Commissioner Arthur Lim took pains to congratulate Senator Poe, he was actually the most aggressive of the Comelec commissioners in the move to disqualify her. He simply could not hide his disappointment—and that is saying it mildly. His demeanor in that short TV interview said it all. He almost castigated the Supreme Court. The truth of the matter is that the disqualification of Grace Poe by the Comelec was a well-orchestrated operation with Chairman Andres Bautista seemingly against the disqualification. In reality, we saw that the verdict was not unanimous.
This is a good ploy but it was obvious. I still maintain that the whole Comelec is operating under the direction and guidance of the Palace and that is one reason for the public to remain vigilant.