The Ponente of the case of Enrile v. Sandiganbayan, a controversial case fixing bail in favor of Juan Ponce Enrile, Justice Lucas Bersamin, filed a complaint before the Supreme Court through a letter against Justice Marvic Leonen.
Rappler reported, "In a one-page letter dated August 24 and addressed to Chief Justice Maria Lourdes Sereno, Associate Justice Lucas Bersamin said that Leonen’s dissent “not only put me in bad light" but also "impugned the integrity of the seven members of the Court” who voted with the majority ruling."
It is my humble view that this is not a good move.
In the case of In Re: Disciplinary Action against Atty. Vicente Raul (G.R. No. L-27654, February 18, 1970), the Supreme Court held that "every citizen has the right to comment upon and criticize the actuations of public officers. This right is not diminished by the fact that the criticism is aimed at a judicial authority or that it is articulated by a lawyer." The High Court continued to say that "Such right is especially recognized where the criticism concerns a concluded litigation, because then the court's actuations are thrown open to public consumption."
"Our decisions and all our official actions," said the Supreme Court of Nebraska, "are public property, and the press and the people have the undoubted right to comment on them, criticize and censure them as they see fit. Judicial officers, like other public servants, must answer for their official actions before the chancery of public opinion."In a more recent case, the Supreme Court reiterated its stand with more powerful words saying, "Courts and judges are not sacrosanct. They should and expect critical evaluation of their performance. For like the executive and the legislative branches, the judiciary is rooted in the soil of democratic society, nourished by the periodic appraisal of the citizens whom it is expected to serve." (Habawel and Medina v. Court of Tax Appeals, G.R. No. 174759, September 7, 2011)
In conclusion, with all due respect to Justice Bersamin, I say that his act will only reinforce the people's doubt as to his integrity as a member of the Highest Tribunal. He should desist from the complaint as early as possible to show to the people that he is a man of law and justice, who can, in his capacity as a member of the High Court, take criticisms head on.
Tags: Enrile bail Juan Ponce Enrile Lucas Bersamin Marvic Leonen judiciary justices Supreme Court
Here's a photo of the complaint Rappler was able to get hold of.
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