SC infallibility grandma of legal fictions

This is regarding Edcel Lagman’s commentary, “Innocence by legal fiction,” (Opinion, 2/9/15). His gripe about the plunder conviction against former president Joseph “Erap” Estrada being wiped out clean by virtue of the “absolute pardon” granted him by former president Gloria Arroyo may be well-taken, but why stop there? Here’s the grandmother of all “legal fictions”: the “infallibility” of the Supreme Court!

When the Supreme Court makes mistakes, very rarely will it bother to correct itself. Its “supremeness” keeps it from admitting with humility that it has erred. Oftener than not, and no matter what, it is more bent on perpetuating the illusion that it cannot err. Indeed, what is it called “Mount Olympus” on Padre Faura for? Thus, although it encourages the notion that “motions for reconsideration” are appropriate means to invite its attention to any possible lapses, they are almost always nothing but exercises in futility.

If truth be told, however, some of its rulings inexplicably make no sense. With due respect, the Supreme Court is not really above spewing out strange opinions that baffle the mind. Take, for instance, that “landmark” ruling not too long ago on the very controversial, hurriedly issued “conditional temporary restraining order” (TRO) to stay the hand of the Aquino administration from barring Arroyo’s departure from the country before nonbailable charges could be filed against her.

Her appointees in that Court, comprising a comfortable majority (led by her former trusted lieutenant, then Chief Justice Renato Corona), quickly voted to consider that “conditional” TRO “immediately executory”—commanding Justice Secretary Leila de Lima to let Arroyo leave the country pronto, compliance with the “conditions” to just follow! Needless to say, that ruling dropped jaws all the way down to the cellar!

So, just as everyone else must endure the “assumption” that the Supreme Court can do no wrong, Lagman should also learn to live with the fact that Erap’s political slate is now as white as driven snow! Our legal system, indeed, is full of such ridiculous “assumptions” and “presumptions”!

—ARNULFO M. EDRALIN, [email protected]