High Court’s contradiction of own rulings ‘alarming’

Friday, December 2, 2011
MANILA — President Benigno Aquino III expressed concern over judicial uncertainty in the country, saying the Highest Court is apparently not working in harmony with other branches of the government.
“My task as chief executive is clearly spelled out to uphold and defend the Constitution; implement its laws; do justice to every man; and consecrate myself to the service of the people. You know that even before I was president, I was puzzled, even alarmed, by the behavior of the Supreme Court,” the President said in his speech at the 30th anniversary of the Makati Business Club (MBC) in Makati City Thursday evening.
The government is established to uphold public good and the President said as the chief executive, he needs clarity of rules and consistency in interpretations to effectively implement his plans.
But Aquino said he wonders how he can fulfill his mandate as chief executive given the current behavior of the Supreme Court, contradicting itself and issuing decisions not serving the interest of the public.
The High Court’s reversal of its decisions in the past has cast a cloud of uncertainty in the country’s judicial system, he said.
Aquino cited the Supreme Court’s (SC) decisions on the status of Dinagat Island as a province, confusing its constituents after the High Court reversed itself several times.
Because of the system of checks and balances in the government, there should be interplay between the branches of government, he said.
The SC is supposed to be the designated arbiter when disagreements arise, but the President doubted the objectivity and nonpartisanship of the High Court.
Aquino particularly mentioned the issue on the temporary restraining order (TRO) for former President Gloria Macapagal-Arroyo, saying he’s confused why the SC just relied on arguments of the former President’s lawyers, despite the inconsistencies of her travel plans.
Justice is the bedrock of progress, the President said, adding every Filipino must be treated equally under the law.
He also underscored the importance of interplay of all sectors and institutions of society in realizing national progress.
“A weak and corrupt government affects the state of the economy. We have seen so often in different countries all over the world how political instability has done nothing but harm business operations, and ultimately, economic stability,” he said.
“And, worst of all, these redound directly to the lives of our countrymen — in government programs and initiatives that do not, or cannot truly help the people because of a corrupt leadership; in lack of jobs and opportunities to take stock of their lives; and ultimately, in a poor and vulnerable Philippines,” he added.
Aside from gracing MBC’s 30th anniversary, Aquino also joined the unveiling of its new logo, acknowledging the role of the organization for the development of the country.
Malacañang on Friday defended President Aquino for questioning the SC, including the ruling that allowed Arroyo to seek medical treatment abroad.
Deputy presidential spokesperson Abigail Valte said Aquino did not intend to “disrespect” a co-equal branch of government and merely voiced out his opinion on issues that concern the country.
“The President also, as a citizen, has a right to voice out his opinion on what happens in the country. We do not see it as disrespect, but more of really, what is happening to the decisions made by the Supreme Court,” Valte said.
She also denied that Aquino is trying to pick a fight with the High Court.
Valte said the President was just trying to explain the implications of the reversal of the ruling on Dinagat, particularly on budget and delivery of basic services.
“What we have to understand that the cases being tried in the Supreme Court have implications to the Executive… The President said, at first, when the SC decided to declare it as a city, there was independent funds. But then the SC reversed its decision and said that Dinagat is still not qualified and still a component of Surigao. That’s when the budgetary problems come in,” she said.
The President also questioned why the SC decided on it just for three days when it usually takes ten days to make such rulings.
“Who can avoid wondering what she did to merit such speedy relief?” Aquino asked.
“In these cases, did the SC follow its own precedents and rules? Is it then not fair of us to wonder whether objectivity has given way to partisanship? Is it then not fair of us to express concern at the direction the Supreme Court has taken?” Aquino added.
He said he did not issue his statement “out of disrespect and malice” but he just wanted clarification to fulfill his mandate to the Filipino people.
He said the Executive is “not out to dictate upon the court, much less spark a constitutional crisis.”
Valte also refused to say Aquino is “speaking ill” of the High Court. (PNA/Jill Beltran/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/12/02/high-court-s-contradiction-own-rulings-alarming-193773

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