Saturday, February 18, 2012

Or else, there will be chaos!


I keep hearing about this alleged “chaos” that would ensue. While I do get the concept behind this, it still annoys the hell out of me.

So the concept is, just as Fr. Bernas said to some media outfits, that the decisions of the Supreme Court should absolutely and always be obeyed because otherwise, we will have chaos or risk having a constitutional crisis.

There’s a point there, yes. But is that enough for me to shut up and just agree with it? No.

Let’s look at some of these facts again, just to refresh our memories:

(Note that while they may also be found in media – or else how would I know about them? – fact remains, they are still, well facts.)

  • Just days before March 10, 2010 (the day the 2 month ban on presidential appointments due to the next elections takes effect) – GMA appointed 200+ or so midnight appointees, which included her manicurist (to the board of trustee of Pag-ibig) and her gardener (as deputy of Luneta park administration. Accordingly to some media sources, some of the appointments were even dated March 25, 2010 when the ban was supposed to already be in effect.
  • March 17, 2010 – SC rules that the constitutional ban on presidential appointments does not apply to the Supreme Court. (SC voted 9-1)
  • May 17, 2010 – Arroyo appoints Corona as the new chief justice – a week after the 10 May elections, succeeding Reynato Puno upon his retirement on the same day.
  • On the day GMA left office 14 of the 15 Supreme Court justices were appointed by her, 7 of them just in her last year of office.
  • July 26, 2011 – SC declares the Truth Commission (EO #1) as unconstitutional, a body that suppose to investigate the allegations on the corrupt practices of the Arroyo government.
  • Oct. 10 2010 - SC decision stops the Aquino administration from revoking the appointment of alleged 200+ midnight appointees of GMA (EO#2)
  • November 15, 2011 – SC issues TRO on the watch list order on the Arroyo couple. (8-5)
  • November 15, 2011 – GMA storms the airport wearing a neck brace, riding a wheelchair and claiming she needs medical treatment abroad. The couple booked 5 different flights from different airlines to Singapore and booked connecting flights to Spain. Spain has no extradition treaty with the Philippines.
  • Feb 10, 2012 SC issues TRO on subpoenaed USD accounts of Corona (8-5). The 8 judges have been dubbed the Arroyo 8.
In addition...
  • Corona voted 19-0 in all GMA interest cases.
  • Corona stated just P3.5M in cash and investments in his SALN, while his revealed PS bank and BPI peso accounts reveal he had P31.7M. These are just his subpoenaed Peso accounts, while his USD accounts remain off limits due the TRO.
  • Corona suspiciously closed three PS bank accounts on the same day he was impeached
If there is no other reason, other than to stick with the SC just to stick with the SC because otherwise there will be chaos – then, well, I don’t know about you, but to me that’s just sounds LAME.

I have a question: Can it still called be the court of justice, if it’s a clear, BLATANTLY and SHAMELESSLY biased court?

Sentiments of people who insist on obeying the SC no matter what, I assume, are rooted in the principle of sincerely protecting the institution (unless, you are some political ally of theirs and you have something to gain by keeping these people in power). But this “we must obey the SC, just because its rule must be absolute” and simply because of that, is just short sighted.

I do not see the logic in unquestioningly obeying a roster of SC judges who continue to abuse their power by (I repeat) BLATANTLY and SHAMELESSLY deciding in favor of GMA every single time.

For that matter, by power tripping like this, they have allowed themselves to become the opposite of independent and impartial. They have allowed the SC to become an Arroyo controlled court – and isn’t this in effect (already) making a fool of the SC itself?

I find it paradoxical that the people, lawyers or non-lawyers, who want to protect the SC because they believe that if the institution is disobeyed there will be chaos, are also effectively protecting these biased SC judges, who are also effectively mocking their cause from behind by not really standing for true justice as they stand for their true loyalty to GMA.

This constitutional crisis / chaos argument – Are we all supposed to give in to the Supreme Court every time it issues a TRO on something that threatens Corona or GMA?

A constitutional crisis. Oh, the chaos. This is what they want you to think. And, they will continue to let you think it, if you let them get away with it. And, they will continue to make biased decisions based on their own interests, if we all allow them to hold on just because "we absolutely must obey the SC".

I truly find it weird that he comes out of the SC balcony and poses like this, like's he's the Pope or some olden times King of England. (source picture picked up from the net)

Must we be held hostage by this argument?

No one wants chaos. No one wants a constitutional crisis. But no one wants to be held hostage by a blatantly biased and shameless Supreme Court either.

1 comment:

  1. everyone has a bias. SC justices will always be biased because each and every one is appointed by the chief exec at some point.

    However, to say that everyone will decide in favor of a particular person is unfair and untrue. True there are suspicious circumstances surrounding this case, and I'm not saying CJ is innocent, but a lot of media hype and PR spins are being employed.

    Also, understand the decision making process within collegial courts. There are 15 justices, and most of the so-called biased decisions are penned by justices (YES, Arroyo, FVR, Aquino appointees). If you look at the real facts, maybe 95% of these cases, CJ merely concurred, joining an overwhelming majority.

    in another note, GMA controlled court allegation - well i have to give it to GMA for having the luck of retiring justices AND being smart with her actions that on paper can be justified legally. Smart siya eh. Majority of her actions, she has played within the bounds of the law, unlike ab-noynoy.

    I would rather have CJ on, and have pnoy impeached(which has solid basis, unlike what is happening now). Truth be said, pnoy is even worse than arroyo in playing fast and loose with our constitution and laws. he is anti business, against following the rule of law, which in my mind will create an even bigger problem.

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