A five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed

ABSTRACT

On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1 1987 Philippine Constitution, Art.VIII, Secs. 1, 4, 9.

2 Sereno co-authored a book entitled Gender Analysis of Philippine Laws published in 1989 by the National Commission on the Role of Filipino Women, which was eventually renamed as the Philippine Commission on Women.

3 Philippine Commission on Women (2012) Sereno will make hopeful years for women’s access to justice, 28 August. Available at: http://pcw.gov.ph/article/sereno-will-make-hopeful-years-women%E2%80%99s-access-justice

4 Rosemary, H. (2015) More than just a different face? Judicial diversity and decision-making, Current Legal Problems, p. 119.

5 Lorena, N. (2018) The many times Duterte and Sereno clashed, Rappler, 20 May. Available at: https://www.rappler.com/newsbreak/iq/202763-timeline-maria-lourdes-sereno-rodrigo-duterte-clashes

6 Villamor, F. (2018) Philippines’ top judge took on Duterte. Now, she’s out, The New York Times, 11 May. Available at: https://www.nytimes.com/2018/05/11/world/asia/philippines-chief-justice-rodrigo-duterte.html

7 699 SCRA 352 (2013).

8 The rational basis test is the most deferential level of judicial review where classification is readily sustained by the courts for as long as such is rationally related to a legitimate state interest. Laws that facially discriminate against a “suspect class” (e.g. race), however, are subject to strict scrutiny. The government must prove that the classification is necessary to achieve a compelling state purpose. Finally, laws that affect a “quasi-suspect class” (e.g. gender) receive an intermediate level of scrutiny. The classification must be substantially related to an important government purpose for it to be sustained.

9 721 SCRA 146 (2014).

10 722 SCRA 108 (2014).

11 732 SCRA 595 (2014).

12 761 SCRA 633 (2015).

13 At the current exchange rate of USD 1 = PHP 53, the amount of P100,000.00 would translate to more or less USD 1,886.79 only.

14 G.R. No. 219830, August 3, 2016.

15 321 SCRA 290 (1999).

16 483 Phil. 601 (2004).

17 G.R. No. 212193, February 15, 2017.

18 See, e.g. People v. Iroy, 614 SCRA 245 (2010).

19 People v. Manicat, 711 SCRA 284 (2013).

20 People v. Linsie, 711 SCRA 125 (2013).

21 The late Senator Miriam Defensor Santiago described Sereno’s appointment as “a triumph of superior intellect over shabby politics”. Miriam praises P. Noy’s first appointment to SC, ABS-CBN News, August 14, 2010. Available at: http://news.abs-cbn.com/nation/08/14/10/miriam-praises-pnoys-first-appointment-sc

22 L’Heureux-Dube, C. (2000) The dissenting opinion: voice of the future?, Osgoode Hall Law Journal, 495.

23 Supra n.1, at Art. VIII, Sec. 11. They may also be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust (Art. XI, Sec. 2).

24 Dizon, D. (2012) Sereno is new Chief Justice, ABS-CBN News, 24 August. Available at: https://news.abs-cbn.com/nation/08/24/12/sereno-new-chief-justice

25 Burgonio, T. J. (2012) Aquino swears in PH’s first woman Chief Justice, The Philippine Daily Inquirer, 25 August. Available at: https://newsinfo.inquirer.net/257566/sereno-takes-oath-as-new-chief-justice

26 Supreme Court Justices Boycott Sereno ‘unity’ speech, The Manila Times, 11 July 2013. Available at: https://www.manilatimes.net/supreme-court-justices-boycott-sereno-unity-speech/9039/

27 Torres, T. (2012) Justices skip flag ceremony with sereno for third time, The Philippine Daily Inquirer, 17 September. Available at https://newsinfo.inquirer.net/272146/justices-skip-flag-ceremony-with-sereno-for-third-time

28 Buan, L. (2017) “Do not be afraid to be minority”: Sereno, 5 Years on, Rappler, 27 August. Available at: https://www.rappler.com/nation/180185-chief-justice-sereno-5-years-sc-impeachment-challenges

29 Jose Rizal is the national hero of the Philippines. Filosofo Tacio is one of the characters in his novel, Noli Me Tangere.

30 Quito, E. (1988) The ambivalence of Filipino traits and values, Karunungan: Sophia, 5(1), pp. 42, 43.

31 Buan, L. (2017) Sereno impeachment: cracks in the Supreme Court, Rappler, 12 December. Available at: https://www.rappler.com/newsbreak/in-depth/191150-sereno-impeachment-cracks-supreme-court

32 The grudge: Sereno says De Castro won’t forgive her for accepting Chief Justice post, ABS-CBN News, April 9, 2018. Available at: https://news.abs-cbn.com/news/04/09/18/the-grudge-sereno-says-de-castro-wont-forgive-her-for-accepting-chief-justice-post

33 Macairan, E. (2017) Sereno dances away impeach woes, The Philippine Star, 15 December. Available at: https://www.philstar.com/headlines/2017/12/15/1768872/chief-justice-sereno-dances-away-impeach-woes