The Supreme Court brouhaha

Thursday, January 15, 2009
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Insofar as the opposition and critics of the President are concerned, it?s damned-if-she-does and damned-if-she-doesn?t.

Immediately after the President named herself the anti-drug czarina, albeit temporarily, her critics jumped on her and imputed political motives to the act. She?s doing it to improve her popularity ratings, they cry out. Others claim that henceforth she should be held accountable for the illegal drug menace.

Santa Banana, as President she?s accountable for any issue that threatens national security.

That?s precisely why she appointed herself to this latest position. She wants to see to it that the entire government machinery is mobilized against this menace, knowing full well the success or failure of the campaign against it lies squarely on the prosecution and conviction of illegal drug traffickers and pushers.

My gulay, what?s rather sad about the knee-jerk reaction of the President?s critics and political enemies is that the eradication of this menace needs everybody?s cooperation. Instead these critics politicize everything Mrs. Arroyo does.

That?s what?s basically wrong with us Filipinos. We cannot get our act together, continuing to shot ourselves in the foot.

***

To non-lawyers, the ongoing brouhaha over the unpromulgated Supreme Court decision on the disqualification of Negros Oriental Rep. Jocelyn Limkaichong is difficult to understand.

In fact, I?d even say that some sectors of media in the name of scoops and exclusives are exacerbating and even confusing the issue with a lot of rumors and speculations in the name of press freedom. They use ?unnamed sources? or ?sources who refuse to be identified,? which to me comes close to an abuse of press freedom.

Coming right down to it, the issue simply revolves around a ponencia of retired Supreme Court Justice Ruben Reyes which was passed around 14 justices, nine of whom concurred ?with the result,? meaning with the dispositive portion which overruled the Comelec decision upholding the citizenship of Limkaichong.

The concurrence ?with the result? did not mean, however, that the justices concurred with what is deemed by high court as its ?doctrinal value,? or substance. Besides, the Constitution provides that the concurrence or dissent in a case in the Supreme Court must be so stated.

In other words, the case is still under deliberation and considered ?sub-judice.? In fact, a decision or its draft, which some sectors made as a case is just a piece of paper unless promulgated.

That?s the reason why I find it rather amusing that some sectors would now conclude that when Chief Justice Reynato Puno decided, as ?primus inter pares? or ?first among equals? as Chief Justice, not to promulgate the case, he committed an impeachable act.

More ridiculous is the speculation that Malaca?ang is behind the Puno impeachment, attaching it to the Cha-cha imbroglio because the President wants to replace Puno with somebody close to her.

Santa Banana, this kind of logic is not only screwed, but it?s totally ?non-sequitur??since it doesn?t follow. But then, insofar as the critics and enemies of the President are concerned, the name of the game is ?attack? and ?attack.? They are hoping that these lies will soon become the truth!

***

What?s rather unfortunate is that retired Justice Ruben Reyes has been unfairly dragged into the controversy. A sector of media claims unnamed sources have said Reyes leaked out the draft of his ponencia since only he had a copy.

This is what I mean with media exacerbating and confusing the brouhaha since Reyes is not that stupid to do so knowing full well that he can be haled to court under the anti-graft and corrupt practices act and the law on unethical conduct of public officials. Reyes rightfully stated that would be like committing suicide.

Incidentally, we lawyers know that all the rumors and speculations about the unpromulgated Limkaichong disqualification case can be ground for contempt of court since they tend to influence the outcome of the case.

As such, the editors of Newsbreak who speculated on Reyes as the source of the leak could be cited for contempt. Not even their so-called unnamed sources can be their subterfuge. The use of rumors and speculations in the name of scoops and exclusives is a blatant mockery of press freedom.

***

In any case, insofar as the brouhaha over the Limkaichong disqualification is concerned, there?s an immediate need to cleanse not only the Supreme Court of any wrongdoing since it?s the credibility of the Court of Last Resort at stake.

That?s the reason why there?s an immediate need for an investigation to pinpoint responsibility on the alleged leak, which easily points to some high court employees who must have been bribed by interested parties.

There?s also the need for the tribunal to explain fully its internal rules not only on unpromulgated cases, but why there?s need for justices to concur or dissent on the substance ?doctrinal value? of a ruling.

The need for the Supreme Court to cleanse itself from any suspicion or wrongdoing is imperative since these justices must be at all times be like Caesar?s wife?above suspicion.

Coincidentally, this brouhaha over the Supreme Court on the disqualification case of a sitting congresswoman would seem to indicate that a move to discredit the Supreme Court could be deeper than we think. Especially since the Department of Justice is also facing a controversy involving the so-called Alabang Boys.

There are now questions about this strange coincidence since it would appear like there?s a concerted move to discredit both the pillars of justice in this country, without which there?s no justice at all. I am not prone to believe it, but, my gulay, that?s too much of a coincidence.

***

The mandatory random anti-illegal drug tests to be conducted in both public and private schools as ordered by the President is imperative if the government must determine to what extent the drug menace has done damage to the country.

While Education Secretary Jesli Lapus still has to determine the rules and regulations in connection with these tests, we cannot underestimate to what extent the drug menace has gone in both private and public schools since the target of drug traffickers are the young.

I distinctly recall that in the seventies and eighties, drug pushers targeted Metro Manila?s exclusive schools because of the rich and the gullible. By knowing to what extent the drug menace has gone in schools, the government will then know what to do. Knowing this is part of the problem solved.

***

For all the many faults of former President Erap Estrada, there?s one element in his person that?s worth admiring. It?s his filial devotion to this late mother, Do?a Mary Ejercito, who passed away at the age of 103.

Erap at almost all occasions was always by her bedside while his mother was hospitalized for a year because of old age. Even while Erap was detained for several years both at the Veterans Memorial Hospital and soon after at Tanay, he always found time to visit his ailing mother.

It?s a sad commentary of our times that we, Filipinos, are slowly and surely losing the Christian and truly Filipino respect for our parents. Filial devotion indeed separates us from the rest.