A widely admired constitutional law guru reportedly said that “[s]tatutory provisions and executive orders antedating the Constitution and incompatible with the the Constitution no longer have any effect.”
EO No. 292, which independent Raissa Robles has dissected, came on July 25, 1987. It did not antedate the Consti, wich was ratified in February, 1987. So my submission is that it is colorable and entertainable to argue that the two documents stand and should be read and given effect together. PNoy’s mother, who had a year of law before marrying Ninoy, cannot be presumed to have enacted an unconstitutional order, given his powerhouse legal team headed by Joker Arroyo, all experienced craftsmen, cum bar topnotchers who had obtained their master’s abroad.
Power of the purse?
PD No. 1177 provides for automatic appropriation to pay debts. No lender would loan to us if he has to deal with hundreds of lawmakers and Cabinet members every year pleading on bended knees to get paid.
PD No. 1949 created a Judiciary Development Fund (JDF) authorizing the Chief Justice alone to decide what to do with the money stripped from the hides of litigants in our eristic society. The JDF should be kept, perhaps even increased, but there should be wider authorization and transparency. We need an accounting on what has been done with the billions since 1984 when the decree came out, so we can better understand Manila courthouses’ dismal shape. Cross-border transfers to Baguio mansions, cars, foreign travel, curtains, etc.? Is the requirement for quarterly accounting to ALL executive judges observed? My students, for years have struggled, with a promised passing grade, but nada.
PNoy just had a new issuance decreeing higher death benefits for employees, per an old PD.
I doubt that in these cases, Congress alone can act.
Sure, PNoy had threatened the Supreme Court (SC) – with a motion to reconsider, a legal and judicial (not extrajudicial) threat, in its home court at that. The accepted institutional arrangement. But “[e]xperience has taught lawyers that such a motion is generally inadvisable. It is hard work for them and at times, even harder work for the court. At the very least, it adds to the demands on their time. And it is usually denied; having studied the case, heard the arguments, and deliberated on the judgment, the members of the Court are not likely to change their mind. So a motion for reconsideration has been described poetically as `love’s labor lost,’ and more prosaically as `an utter waste of time, labor and good white paper’.”
Why then such motion? Because the decision lays down not just bad law, but dangerous law, in PNoy’s view.
Lawyers regularly threaten to hale someone to some court, so?
Anyway, it is unlikely we’ll have a reprise here of Tactaquin v. Palileo; on September 29, 1967, the SC ruled one way, unanimously. The loser moved to recon. On December 29, 1967, the SC reversed, unanimously! Note the SC working between Christmas and New Year, a practice abandoned long ago. The lawyer: a certain Florenz D. Regalado, my teacher who holds the record in bar exam grades, 96.7%. Last we met a decade ago, he was still grousing about a miscorrected answer of his in an estafa question in criminal law. For crying out loud. I tell my studes if they break Flor’s record with a 96.71 and spotted a miscorretion, just take it and not bitch anymore.
PNoy made no threat of salvaging, “disappearing,” torturing,etc.. No comment, said the Supreme Court, most prudently, instead of making patol the Sabong Journalists galore.
The SC will circle the wagons, natcherly. Paninindigan na po. Human nature. In my decades as a litigator, I may have succeeded with a motion for recon no more than twice.
We have an unelected SC which can declare an act as unconstitutional. Fine, but how it can tell the elected “you have not only abused your discretion, but gravely at that” — seemingly not understanding its martial law provenance Chief Justice and ConCom Delegate Roberto Concepcion had in mind. Arguably, the local praxis makes it the Most Powerful and therefore the Most Dangerous Branch, in my view. I am not aware of any country with a similar arrangement. Certainly, not the US, the foreign fundamental law I am most familiar with having taken a course on it in Harvard Law.
Our SC let go the clearly unconstitutional appointment of Rene Corona as CJ, Sec. 15 of Art. VII of the Consti notwithstanding. It bans midnight appointments. His, on May 17, 2010, was post-midnight, when GMA was supposed to be caretaker, not undertaker.
The people, thru their reps in Congress, nullified the egregious ruling and reversed the SC, via impeachment, a national inquest, and Rene was rendered jobless on May 29, 2012. Now this cockamamie tale that PNoy bribed a year later. Bribery is done kaliwaan to prevent kataksilan?
Lebron James may be the flavor of the week in the sporting world here, where balon cesto prevails over balompie, with Germany being the toast elsewhere. Lebron is returning to Cleveland, which is apparently not reminding the prodigal son with “el recuerdo de tu traicion.” So balon cesto in Spain or balompie in Brazil.
Here, sabong seems to remain king, particularly in journalism. Must we continue to be a circular firing squad in a nation of soltadores, if I may mix my metaphors? Anyway, nice to see yesterday that retiring Derek Jeter shone in the major league’s All-Star game. Besoboru was one game we used to shine in and compete with Japan.
But, sabong may now be our No. 1 national pastime.