Justice Antonio Carpio, center |
BAYANI
ANTONIO CARPIO: ROCK, ANCHOR, PATRIOT
Philippine Daily Inquirer / 04:40 AM October 25,
2019
In the flurry of words uttered about Senior
Associate Justice Antonio Carpio, who retires from the Supreme Court today, one
of his own declarations resonates loudly: that he is stepping down with no
unfinished business in his docket.
…Zero backlog is a virtual miracle in the
Philippine judicial system, which is notorious for cases left hanging for
years, decades even, so that complainants grow old and die without seeing the
dawn, as it were, and injustice lies unresolved and festering.
And this is only part of Carpio’s sterling record
in the high court where he served for 18 years, in the latter years constantly
within a hair’s breadth of the top post but, by virtue of circumstances and
factors including his own profound sense of propriety, ever distant from it.
For example, having voted in May 2018 against granting the unprecedented quo
warranto petition brought by Solicitor General Jose Calida against then Chief
Justice Maria Lourdes Sereno, he declined the nomination to fill the post that
she was forced to vacate, because he refused to benefit from her ouster.
…Carpio was bypassed in the three other times that
he was nominated, but he served thrice as acting chief justice when the
occasion called for it,….
But along with his work in the Supreme Court and
his landmark decisions—among others, upholding free speech and religious
freedom, and dissenting against the hero’s burial for the dictator Ferdinand
Marcos, the acquittal of former president Gloria Macapagal Arroyo of plunder,
and the grant of bail to former senator Juan Ponce Enrile for plunder
charges—is Carpio’s personal advocacy for which this nation will always be
indebted: to protect and preserve Philippine territorial and maritime
sovereignty in the West Philippine Sea.
In 2010 he began research on the 9-dash line on
which rests China’s claim to almost the whole of the South China Sea. “I went
to the ancient maps,” he told Esquire. “I found out there was no 9-dash line
throughout entire dynasties. It was started only in 1947…”
His work contributed hugely to the Philippines’
2016 victory in the Permanent Court of Arbitration in The Hague, which declared
China’s sweeping claim invalid. He has presented the Philippines’ position in
international forums (through a world lecture tour sponsored by the Department
of Foreign Affairs in 2015) and to educate Filipino and Chinese peoples that
the 9-dash line has no legal or historical leg to stand on (through the e-book
“The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in
the West Philippine Sea”).
He is “the staunchest defender of our country’s
maritime rights and entitlements under the United Nations Convention on the Law
of the Sea,” remarked former foreign secretary Albert del Rosario, during whose
term the definitive arbitral ruling on the Philippine claim was won.
For his continuing advocacy, Carpio has raised the
hackles of the Duterte administration, which has not been coy in showing its
displeasure. But Carpio’s position cannot be any clearer: “The Philippines is
fighting a legal battle not only for itself but also for all mankind. A victory
for the Philippines is a victory for all states, coastal and landlocked, that
China has shut out of the global commons in the South China Sea.”
Committed. Principled. Consistent. Thus the cliché
mouthed by his many admirers: Antonio Carpio is the best chief justice the Philippines never had.
This is the kind of person we need in the judiciary—he
rendered his decisions with integrity and courage, with intelligence, in
advancement of democratic values and principles, in outstanding legal defense of our maritime rights in the West Philippine Sea against bullying by Communist China, in sacrifice of
his own career—Justice Antonio T. Carpio, bayani.
Photo courtesy of Ramon FVelasquez
ReplyDeletePhoto link:
https://commons.wikimedia.org/wiki/File:Carpio-jpg_070737.jpg
Gonzalinho