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Wednesday, October 15, 2008

A Salute To the Supreme Court

The Supreme Court just came out with two landmark decisions and I am writing not to discuss their merits but to express elation over the Justices' gallant stand to uphold the law.


Most recent is the declaration of the MOA on Ancestral Domain as unconstitutional – a fact long established in the bar of opinion but would nonetheless require SC confirmation; if only to define the limits of the powers that Malacañang and its cohorts regularly exercise with reckless abandon.


They’ve done it before with the ZTE deal: once caught with their dirty hands in the cookie jar, they backed-out of the arrangements and declared that there was no more need for the Court to intervene as the agreements were not signed anyway, making the issue moot and academic. No harm, foul.


But thank goodness the Court tilted the other way this time, declaring the issue as justiciable, on account of “ (1) the grave violation of the Constitution involved; (b) the exceptional character of the situation and paramount public interest; (c) the need to formulate controlling principles to guide the bench, the bar and the public; and (d) the fact that the case is capable of repetition yet evading review.”


The Court thus made these pronouncements on the excesses made by the government panel:


“In sum, the Presidential Adviser on the Peace Process committed grave abuse of discretion when he failed to carry out the pertinent consultation process, as mandated by EO No. 3, RA 7160, and RA 8371. The furtive process by which the MOA-AD was designed and crafted runs contrary to and in excess of the legal authority, and amounts to a whimsical, capricious, oppressive, arbitrary and despotic exercise thereof. It illustrates a gross evasion of positive duty and a virtual refusal to perform the duty enjoined,” the Court said.”


Bravo! It’s just too sad that the government’s blatant disregard for basic constitutional tenets has resulted in the loss of lives, property and peace. I just hope this gung-ho government gets and imbibes the lesson.


(If you have the patience to read long but very insightful and educating discourse, please do check the Supreme Court website specially Justice Carpio's concurring opinion which details how the Constitution will be mangled by the implementation of the Bangsamoro Juridical Entity which the MOA promises to pursue).


Another vital decision was the declaration of Boracay island (except for some titled portions) as owned by the State, based on the fact that there is yet no positive act from the government to declare such lands as alienable and disposable (which would have allowed the claimants thereof to obtain private ownership). In other words, possession or occupation of the lands regardless of length or by whatever nature, will not vest them any rights to the land.


The claimants (yup, including those “owning” flashy beach resorts and golf courses) would have to contend with how the government wants to classify and dispose the lands for the benefit of the common good (and to that I’m keeping my fingers crossed).


The SC’s words were poignant: “The Court also notes that for a number of years, thousands of people have called the island their home. While the Court commiserates with private claimants’ plight, we are bound to apply the law strictly and judiciously. This is the law and it should prevail. Ito ang batas at ito ang dapat umiral.”


To that I say, Amen.


(Note: photos were lifted from the net)

20 comments:

Turismoboi said...

clap clap

Anonymous said...

my friend from cotabato started to re-plant their damaged farm, to build broken houses, to heal bruised ego. But nothing can be replaced. Life does not go back. They can only find consolation that their current leaders, the local govt., were armed not only with firearms but with political will to uphold the law, and to protect their rights. Let's salute to the courageous local govt. officials who braved holding meetings/discussions/open forum to each barangay to explain what's this MOA is all about.Awareness, vigilance and determination to fight the injustices committed to their people.God bless them.

Pedestrian Observer GB said...

The decision handed out by the SC is a strongly worded indictment of the administration's violation of the constitution.......... I have a feeling Gloria will do a Palin response of...... I am appreciative of being cleared of any wrongdoing, lol.

the donG said...

good point here. i hope that they'll be consistent with such decision.

Everlito (ever) Villacruz said...

in this case,taas ang kamay ko kung mapapatupad ito ng maayos,wag lang lagyan ng pulitika,at sana hindi maging ningas kugon.

KRIS JASPER said...

attorney, masakit po ulo ko ngayon so dun na lang sa picture yung comment ko:

ang ganda nung colours kasi.

r-yo said...

turismoboi! Bow! he he

r-yo said...

anonymous: may God bless them indeed. as it is, things are still uncertain and violence can explode anytime. sadly, in this game between bloated egos and misplaced ideologies, it is the innocent civilians that suffer the most.

r-yo said...

pedestrian observer: that's one thing this administration has mastered: the art of grinning sheepishly when caught red-handed. i can't wait for Gloria's farewell from office so she could be properly hailed to court for her misdeeds.

Lawstude said...

galing naman ng panyero ko. walang kupas. parang kailan lang tayo nagbar ah. hehehe.

on a serious note, i agree and laud sc for this kahit alam natin na majority sa kanila eh kay gma. this time, nanaig pa rin ang rule of law.

sana kuha ko na lang sa bora kinuha mo para salingpusa ako dito. :)

r-yo said...

Dong: I sure hope that the government will take things seriously this time.

r-yo said...

Ever: At least ngayon me guide na ang gobyerno kung paano dapat kumilos. Sana nga wag na matigas ang ulo. :-)

r-yo said...

Kris: he he. padalhan na lang kita Biogesic.

r-yo said...

Lawstude: Actually, I really wanted to ask permission from you for your splendid Boracay pics. Bigla na lng ako nahiya. he he

Sidney said...

As you said... a rightful salute to the Supreme Court.

BlogusVox said...

Its good to know there is still a Supreme Court (whose integrity is intact) to resort to for the "wronged" incase some hocus-pocus was done in the Court of Appeals. As for our executive branch, I don't think you can teach old dogs new tricks. Talamak na ang kawalanghiyaan sa administrasyon na yan.

ian said...

abogado ka pa rin nga pala. kala ko potograpo ka na lamang e hehe

r-yo said...

sidney: but we still have to be vigilant. the winds could change direction anytime.

Anonymous said...

the order side of the coin --- we have fatwah on our hands already ----

r-yo said...

anonymous: i just hope that spells peace. i understand where our Muslim brothers are coming from on this issue, but we do have a Constitution to abide. the negotiators should not fiddle with it.