MANILA, Philippines – Chief Justice Renato C. Corona asserted Tuesday night the independence of the judiciary as he pointed out that the Supreme Court decides not on the basis of what is popular but on the basis of what is right.

“The Constitution may be the expression of popular will but its interpretation is never by popular choice,” he said.

Speaking before the members of the Philippine Constitution Association (Philconsa) at the historic landmark Manila Hotel, Corona said the Constitution mandates that “conflicts be resolved by an impartial tribunal totally detached from and uninvolved in the controversy, precisely so that rights can be protected without fear or favor.”

Very recently, the SC – under the leadership of Chief Justice Corona – had been attacked in the media and in public fora for coming out with decisions that went against the administration of President Benigno S. Aquino III.

Last December, the SC struck down as unconstitutional an executive order creating a Truth Commission to investigate allegations of corruption against the officials of the Arroyo administration, including President Gloria Macapagal Arroyo herself.

In another decision, the SC ruled against Malacañang in the reinstatement of Bai Omera Lucman to her post at the National Commission on Muslim Filipinos even if the Palace had relieved her of her post as a midnight appointee of the Arroyo administration.

Citing the evolution of the country’s Constitution, Corona said the judicial power of the SC in the present 1987 Constitution includes “not merely the authority to settle actual controversies but, more importantly, also the power to nullify acts of the executive and legislative departments committed with grave abuse of discretion.”

“This is sometimes referred to as the ‘power of judicial review’ which was meant, in no uncertain terms, to foil any misuse of abuse by the State of its vast powers, impervious to successful challenge by the mere invocation of the political question doctrine,” the Chief Justice said.

Corona pointed out that when the SC exercises its power to interpret the law or the Constitution, “it does so out of a duty either to resolve an actual controversy or to exercise its power of judicial review under Section 1 of Article VIII of the Constitution.”

“If only for that reason alone, any suggestion that the Supreme Court ought to desist from performing its constitutional duty, even in the guise of respect for co-equal branch, is constitutionally out of line,” he stressed.

The Chief Justice said:

“Things might perhaps be different under a parliamentary system of government where the opinion of the judiciary might carry less weight than that of the legislature.

“But ours is not a parliamentary form of government and as long as we are governed by the present system, the power and the duty to interpret the Constitution belongs to the Supreme Court and to the Supreme Court alone.

“This is what we mean by constitutionalism. This is what we mean by the rule of law and not the rule of men. This is what we mean by the separation of powers and the system of checks and balances. This is what we mean by judicial independence. This is what we mean by democracy.”

Earlier in his speech, Chief Justice Corona paid tribute to the members of Philconsa led by its chairman Conrado Estrella and president Manuel Lazro.

He described Philconsa as an “elite association of erudite minds, ardent hearts and patriotic spirits.”

In previous interviews with the media, Chief Justice Corona said despite the SC’s rulings against the administration of President Benigno Simeon Aquino III, he does not see any rift with the present administration in connection with the adverse decision of the court.

He pointed out that that the SC stands pat on its ruling no matter how unpopular they may be. His lament was that certain quarters consistently criticize SC decisions without really understanding the rulings.

“I am more concerned about doing what is right,” he said in an earlier interview with members of the Foreign Correspondents Association of the Philippines.