Thursday, December 8, 2011

Political claustrophobia - SEARCH FOR THE TRUTH By Ernesto M. Maceda - The Philippine Star » News » Opinion

Political claustrophobia - SEARCH FOR THE TRUTH By Ernesto M. Maceda - The Philippine Star » News » Opinion

Anti-Aquino columnist Maceda shares his views:


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President Benigno S. Aquino III appears to have been angered by the following decisions:

1. The appointment of SC Justice Corona as Chief Justice and the acceptance by the Supreme Court despite his objection and personal appeal;

2. The rejection of the Truth Commission as created by Executive Order No. 1;

3. Status quo ante order on the appointment of the Secretary of National Commission on Muslim Filipinos, Bai Omera Dianalan Lucman and other GMA midnight appointees;

4. The decision halting appointment of ARMM OICs provided by the ARMM postponement law;

5. TRO on DOJ WLO order on GMA issued quickly by the Supreme Court;

6. Hacienda Luisita decision awarding land to 6,296 farmers by a 14-0 vote.

The President apparently reached the limit of his patience and so twice in 4 days this week, once before the Makati Business Club’s 30th anniversary and twice before the First National Criminal Justice Summit, he literally blasted the Supreme Court, the 2nd time even in the presence of Chief Justice Renato Corona whose legitimacy he again questioned.

The Executive and the Judiciary are co-equal branches of the government together with Congress. While it can be argued that the President, like any person has a right to criticize the decisions of the Supreme Court, raising questions as to the legitimacy of the Chief Justice after 18 months and charging the Justices with partisanship is going over the proper limit of decency and propriety.

Let’s put the shoe on the other foot. Suppose the Chief Justice now also comes out twice or more a week and questions the validity or merit of Presidential decisions, that certainly would lead to disorder or even mob rule. Sec. Lacierda would howl.

We take issue with the Aquino doctrine that government officials, the Supreme Court included, should decide in accordance with the wishes of the people (the boss), in short be guided by public opinion.

No way will that work. Due process requires that the appropriate pleadings and sufficient evidence be formally submitted to a Court to be used as a basis of its decision. Public opinion or matters talked about outside the court or in the coffee shops should not be taken into consideration. If you do that, the courts will be subjected to daily demonstrations by both parties to a case to prove they have public opinion on their side.

But sad to say, the President once he makes up his mind will not be deterred by advisers or much less public criticism. Expect the Aquino-Corona war to simmer for some time to come. The President appears to be enjoying target shooting the Chief Justice.

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REACTIONS . . . Atty. Roan Libarios, Integrated Bar of the Philippines president, said on ANC that the venue of President Aquino’s speech against SC Chief Justice Renato Corona is not appropriate considering that the purpose of the summit was to strengthen the pillars of the justice system by assuring cooperation and coordination.

He said that the legitimacy of CJ Renato Corona has long been accepted by the whole Supreme Court and by the legal community.

Dean Joaquin Bernas, S.J. of the Ateneo Law School found President Aquino’s attacks “quite disturbing” and “really alarming”. “He sounds like Fidel Castro,” he added.

Bernas said it was Aquino who aggravated the conflict so it’s the President himself who is “the one on the offensive”.

Bernas said that he did not see in President Aquino the gentleman that he saw in Chief Justice Corona. He said:

“I admire Corona. He does not go down to the level of the President’s rantings. The President sounds like a broken record.”

Fr. Rannie Aquino, Dean of the San Beda Graduate School of Law echoed Fr. Bernas’ sentiments in a DZMM interview. 

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