The Philippine Supreme Court often uses the expression “the fruit of a poisoned tree” to suppress and strike down evidence obtained illegally. All evidence procured through an illegal or unconstitutional arrest, search or seizure is totally inadmissible in court. Thus, even a confessed rapist or murderer must go scot-free if the evidence against him is a product resulting from a violation of the law or the Constitution. That is the rule of law we live by. Dura lex, sed lex. (The law may be harsh, but it is the law.)
The Supreme Court as an institution is being looked up to virtually as a temple where pleas for justice and equity are laid for final dispensation. As such, it must maintain a high moral ascendancy over all ordinary mortals. The Constitution has made the Supreme Court justices, rightly or wrongly, modern-day demi-gods and their decisions become “the law of the land.” But as the saying goes, from those to whom so much is given, so much is also expected.
In light of all the recent testimonies and evidence of electoral fraud and cheating by the Arroyos and their cohorts to ensure the victory of former President Gloria Macapagal-Arroyo in the 2004 presidential election, it behooves all the honorable justices of the Supreme Court appointed by GMA since 2004 to seriously reflect on the propriety and morality of their staying in and hanging on to their posts.
Public perception has never been more emphasized. Indeed, as “poisoned trees” go, none comes even close to GMA in terms of toxicity. She is bound to go down in history as the most despicable president to rule this country, without being legally elected. If the justices have any delicadeza at all or any respect for the Supreme Court as the only sacrosanct institution remaining in the entire Philippine bureaucracy, the honorable justices owing their appointments to an illegitimate president should resign forthwith! Their most exalted position demands no less. They should not allow themselves to be regarded by the public as “kapit-tuko.” That is an “honor” reserved only for lowlifes.
—STEVE Y. VESPERA, ESQ,
styves888@yahoo.com