Quo Vadis

The Office of the Vice President is one of our oldest US imports. Right now, the US President and Vice President are elected as a ticket, hence unproductive infighting is avoided. This is a great improvement from the original model where the runner-up gets to be proclaimed VP. Hence, the two leaders were always from different parties. And always at each other’s throats.

The Philippine VP has no official duty unlike the American counterpart who has a constitutional duty to cast the deciding vote in the event of a tie in the 100-man US Senate. There, the only way a Vice President can derail a President’s program is if he votes to break the tie against the President’s preferred position. There is no danger of that happening if your VP is your partymate.

In the Philippines, its entirely possible that an opposition VP pose a problem to Malacanang. Diosdado Macapagal did it to Carlos Garcia, Emmanuel Pelaez did it for half a term to Diosdado Macapagal. The model was to use the entire four-year term going around the country campaigning on the administration’s every wrong move.

Hence, opposition VPs have, of late, been offered Cabinet positions. The ulterior motive is to keep them busy, and happy, and at an arms length. For the VP, however, the decision process can get complex.

As the highest elected official of the Liberal Party, VP Leni is expected to assume the mantle of leader of the Liberal Party (LP), a.k.a. the official opposition party in Congress. During the campaign, the LP was vocal in opposition against the central plank of the Duterte administration, Federalism. On the other hand, the bottom up budgeting process now being bludgeoned with criticism was a central plank of her Aquino LP administration.

Can she continue to be the voice of the LP and of the 14 million who voted for her if that voice is now stilled in a venue where it could have done the most good? Personally, she has come out against the death penalty. Where does that leave her in the public debate if she remains at the President’s side? In the outcry against misogyny, the highest ranked LP woman is not Robredo. It is Hontiveros, it is De Lima. It is actually Senator Leila de Lima who has stepped into the void the VP left as opposition leader.

Under the doctrine of qualified political agency, the President’s men speak for him and are his alter egos. Arguably, that doctrine is inapplicable to the VP.

The decision to accept is supposed to be a nod in favor of coalitions and healing and the opportunity to serve. But the VP has one qualification that none of the other Cabinet members have. She has 14 million votes in her pocket. Hers is a greater responsibility than just being one of the disciples – in a supporting role, at that.

Hence, the question: quo vadis Leonor?

Yes, the Vice President’s voice may be heard, as one of many, from her seat at the President’s table. But that voice would be more powerful and hard to ignore if delivered from her own soapbox.

Judicial independence redux. There are several mechanisms ingrained in the Constitution to guarantee judicial independence: tenure, non-diminution of salaries, Judicial and Bar Council, fiscal autonomy, immobility, discipline.

The independence of the Judiciary is vital to the continued viability of our constitutional system. In the battles waged between “individual privilege and government prerogative,” Alexander Hamilton quoting Chief Justice John Marshall made reference to the Court as the ultimate safeguard of both. “It is clear beyond all need of exposition that for the definite need of constitutional understanding it is indispensable, alike for the preservation of the liberty of the individual and for the preservation of the integrity of the powers of government, that there should be some non-political forum in which those understanding could be impartially debated and determined.”

With constitutional change imminent, it is timely that we be reminded that all these guarantees of independence are rendered moot if the appointing power retains the prerogative to appoint Justices to high positions even after they’ve retired.

There is always the built in, self correcting mechanism known as delicadeza which the other Leonor (Briones) waxes nostalgic about. Obviously, delicadeza meant much more before. Now it has devalued as quickly as currency.

With more urgency, pari passu, is the application of this principle to the Commission on Elections. Of all the Constitutional Commissions, it is the Comelec that cannot avoid entanglement in the dirty world of politics. It is no exaggeration to say that in the election of public officials, from the lowest barangay kagawad to the highest Malacanang resident, what counts figurative and literal are the ballots of the voter and the votes of the Commissioner. Before a problematic case reaches the Supreme Court, all the hoops you have to jump through are held by the Comelec ringmaster. If you have the good or misfortune to run for office, you will understand how some candidates, in the most critical moments prior to proclamation, see in the Comelec officials the face of God.

How, thus, can the negative perception of any promotional appointment extended to a Commissioner by a President and Senators/Congressmen be avoided?

The Supreme Court and the Constitutional Commissions are the highest appointive offices in the land. Office holders wield awesome power. Because of this, insulation is crucial if they are to retain the independence and impartiality needed to be effective in their role. If a President could dangle an appointment and, worse, if a justice or a commissioner were not forbidden to accept, this independence is illusory.

Obvious solutions for the Supreme Court is service for life or ramping up the retirement age to 75. Think Eddie Garcia or Juan Ponce Enrile and 75 becomes 85. For Comelec, separate the quasi judicial from the administrative. Then perhaps a minimum age or a disqualification for former government officials. This is an additional guarantee that only the best would be selected and accept the offer to serve. Ernesto P. Maceda, Jr.