IN DISOBEYING THE LAW / RULE OF LAW
MANILA,
DECEMBER 9,
2011 (TRIBUNE) By Virgilio J. Bugaoisan and Angie M.
Rosales - President Aquino is completely justified in disobeying the law,
because he knows what are the right laws and the wrong laws, even if already
decided by the highest court in the land, despite the fact that it is the
Supreme Court (SC) that is mandated by the Constitution to be the sole
interpreter of the law.
This justification holds, as far as Malacañang is concerned, whose spokesman
insisted that there is justification for anyone, especially President Aquino, to
go against the country's laws for as long as he believes it is the right thing
to do.
Justifying President Aquino's ranting against SC Chief Justice Renato Corona
and Aquino's refusal to abide by the high court's decisions, presidential
spokesman Edwin Lacierda said that the President did what he believes is the
right thing to do.
"The President is clear on the separation ofpowers; he is very, mindful of
what this tripartite system of government is. So those who are concerned about
the criticisms are only concerned about the form and not the substance. The
President knows what is right, what is wrong even if he is not a lawyer. What is
legal is not always necessarily right," stressed Lacierda, a lawyer who should
know that the law is what the Court says and should be followed if the
Philippines is still a government of laws and not of men.
But this was what Lacierda said in defending Aquino's blatant disregard for
the time-honored separation of powers between the executive, legislative and
judiciary.
Although he did not directly mention the Supreme Court, Aquino broadly hinted
that he is "taking some risks" just to achieve certain "strategic goals."
"We all know the challenges facing the global economy at this time. Your
continued confidence in my country signifies a shared mindset: stability does
not simply mean letting things be. When something doesn't work, you have to move
to fix it—even if it means ruffling a few feathers, and even if it means taking
some risks. Otherwise, strategic goals will never be met. The strength of any
corporation, any institution, any government, lies in the integrity upon which
its ideals too are upheld. Passivity means erosion. By expressing their
confidence in my country, EPPI has shown that they recognize this—that they
believe our principles in governance will have concrete, long-term benefits for
our country," Aquino said in his speech during the inauguration rites of the new
factory of Epson Precision Philippines in Lipa, Batangas.
Asked if these statements of Aquino are all en route toward a
Malacañang-backed impeachment case against Corona, Lacierda said that the
President is closely "keeping his cards to his chest" as far as his planned
actions (against) the Supreme Court are concerned.
"He (Aquino) merely wanted to remind everyone including the judiciary that we
are accountable to the Filipino people. As to the measures that the President
will be taking, that is something that he has not disclosed and we are not in a
position to comment further on that," said Lacierda.
"It's not that we do not have any plan of action. The President has not
chosen to disclose his plan of action. As to what they are, again, it i the
President who is keeping it close to his chest so I cannot say anything further
other than what the President has already mentioned previously," he added.
Lacierda also downplayed the claim of SC administrator Midas Marquez that
there is hardly any basis for any impeachment case against Corona.
"That is his (Marquez) own opinion. He is free to express his assessment on
the impeachment case. So far, there has been no impeachment filed yet against
Chief Justice Corona so we cannot comment any further than that. Again, this is
an initiative that will be coming from the legislature," he said.
Lacierda maintained that Aquino's attacks against Corona and the Supreme
Court in general are based on legitimate concerns but denied that it has
something to do with the tribunal's decision to distribute Hacienda Luisita.
He said that the trigger point of Aquino's rage toward the SC was its
decision to issue a Temporary Restraining Order (TRO) on the watchlist order
(WLO) issued by Justice Secretary Leila de Lima.
Lacierda said that Aquino only raised questions on some decisions of the SC
"for us to think about, to mull about" adding that Aquino recognizes the fact
that Chief Justice Corona is already the sitting Chief Justice despite his
midnight appointment.
Lacierda added that Aquino's attacks against the SC should not be linked to
the Hacienda Luisita issue because it was actually that government which
petitioned the High Tribunal to reject the stock option being offered by the
president's relatives to the farmers and push for land distribution.
Lacierda claimed that even when the SC decided to finally rule in favor of
land distribution, Aquino did not bother to ask government lawyers to register
objection to the decision.
"That's a complete disinformation. If you recall, the first decision issued
by the Supreme Court was for the legalization of the SDO, they found the SDO
constitutional. Subsequent to that, several organizations filed a motion for
reconsideration and, lest we forget, the Department of Agrarian Reform through
the Office of the Solicitor General also filed a motion for reconsideration on
that point," Lacierda explained.
"I think the trigger point really was the TRO (that) really compelled us to
think why the government is being prevented from presenting its side even before
the TRO was issued. I think, for me, we feel and the President felt that—and
basing from the statement of Justice Lourdes Serreno—that the government should
have been given the opportunity to be heard, " he added.
Aquino's ally, Sen. Franklin Drilon yesterday doused cold water on the
conciliation talks to put an end to the escalating tension between Aquino and SC
Chief Justice Renato Corona, saying there is no resolution in the offing because
the high tribunal will never admit it has been biased in the past.
"If I were the mediator, I would find it extremely difficult where to start
because these are not differences where a middle ground can be crafted or
proposed. It's a basic question of differences in interpretation, and
unfortunately, the President does not believe that the interpretation of the
Supreme Court of the Constitution is based purely on unbiased and impartial
reading of the law. So, tell me where would you start if you are the mediator?
"The SC will never admit that its decisions are biased. It will insist that
its decisions are based on law," said Drilon to reporters.
The senator, a strong political ally of the Chief Executive, said that while
it is a welcome development to hear of the President indicating that he is open
to a dialog, Drilon emphasized that the difficulty in the situation lies in the
high court as it insists that its decisions are in accordance with the law.
"So if I am the mediator, I do not know where I will start.
Remember, we are not talking here about political bodies where certain
compromises can be achieved. You are talking here about decisions of the SC
which President Noynoy perceives to be very partial and influenced by the ties
of the Chief Justice with former President Gloria Arroyo," he said.
"The President has very clearly articulated what are in the minds of many
people, that this is an Arroyo Court, which will always be in favor of the
former President. So, I do not know where to start if I were the mediator,
that's all I am saying.
"On that premise, it is extremely difficult to look for a middle ground. This
is not a case of two political bodies. This is a case of the Supreme Court which
is tasked to rule on disputes, to arbitrate on cases with impartiality.
Unfortunately, there were circumstances that the impartiality is put to doubt
because of the circumstances that attends the composition of the Court, the
appointment of the chief justice, etc.," he added.
The offer made by the Catholic Bishops Conference of the Philippines (CBCP)
for some church leaders to act as mediators, as they pressed for a truce between
Aquino and Corona, would prove to be a difficult task to accomplish, Drilon
said.
"I do not really know if they can succeed. The dispute does not arise from a
difference in policy where you can mediate. The differences arose from the
perception that the SC is not up to its task of being an impartial arbiter of
disputes. I cannot see how you can mediate this dispute between the SC and
Malacañang.
"Unfortunately, the perception and position of the President is that the SC
has become a bias arbiter of disputes involving the Constitution. The SC in this
case, will always insist that its decisions are in accordance with the reading
of the Constitution. So, where do you begin as a mediator? I don't really see
how you can mediate this dispute.
"Even if somebody mediates, assuming I am a bishop, where do I start because
it is not a question of policy? It is a question of the Court saying 'this is
our decision in accordance with the law and the Constitution' and the President
saying, 'No, you're baised, in favor of Gloria Macapagal-Arroyo.' It's not a
question of policy where you can find a middle ground.
"Let us see how it unfolds. We have not seen a similar episode in the past
which we can set as an example. This is the first time," he said.
The Rule of Law C.R.O.S.S.R.O.A.D.S Jonathan De la
Cruz 12/09/2011 DAILY TRIBUNE
For the education and information of all concerned, especially those who have
been inveigled to participate in the seemingly mindless initiative to bamboozle
the Supreme Court and Chief Justice Renato Corona into submission to their will
and their strange interpretation of the "Rule of Law," I have decided to give
space to excerpts from the works of legal luminaries as well as institutions
like the United Nations on this critical concern.
"A government of laws not of men" was how the second President of the United
States of America, John Adams, described the new society which the founders of
modern America wanted established in the land after years of waging revolution
against British rule and the monarchy. We continue to endeavor for such a regime
governed by law not by men ourselves.
As these quotes and studies were culled from years, nay centuries, of
experience of various countries and the internationally accepted norms of
democratic governance, it is our hope that people like Bryan Poe Llamanzares who
perorated on what he felt was Chief Justice Corona's "duty" to inhibit himself
from hearing the GMA cases now before the high tribunal will imbibe the essence
of these experiences and studies so that they will not be rushed into behaving
like part of a lynching party out to hang anybody whose positions on issues is
not to their liking. Here goes:
"The Rule of Law," legal historian Dr. Mark Cooray notes, "is fundamental to
the western democratic order."
Aristotle said more than 2,000 years ago, "The rule of law is better than
that of any individual."
Lord Chief Justice Coke quoting Bracton said in the case of Proclamations
(1610) "The King himself ought not to be subject to man, but subject to God and
the law, because the law makes him King."
The essential characteristic of the rule of law, Cooray notes, are:
The supremacy of law, which means that all persons (individuals and
government) are subject to law.
A concept of justice which emphasizes interpersonal adjudication, law based
on standards and the importance of procedures.
Restrictions on the exercise of discretionary power.
The doctrine of judicial precedent.
The common law methodology.
Legislation should be prospective and not retrospective.
An independent judiciary.
The exercise by Parliament of the legislative power and restrictions on
exercise of legislative power by the executive.
An underlying moral basis for all law."
"On the other hand, The Universal Declaration of Human Rights of 1948, the
historic international recognition that all human beings have fundamental rights
and freedoms, recognizes that it is essential, if man is not to be compelled to
have recourse, as a last resort, to rebellion against tyranny and oppression,
that human rights should be protected by the rule of law."
Thus, the United Nations defines the rule of law as "a principle of
governance in which all persons, institutions and entities, public and private,
including the State itself, are accountable to laws that are publicly
promulgated, equally enforced and independently adjudicated, and which are
consistent with international human rights norms and standards. It requires, as
well, measures to ensure adherence to the principles of supremacy of law,
equality before the law, accountability to the law, fairness in the application
of the law, separation of powers, participation in decision-making, legal
certainty, avoidance of arbitrariness and procedural and legal transparency."
International legal scholars have also noted that the Rule of Law is a
fundamental accompaniment to democratic governance. Thus, in democracies, the
use of arbitrary power is considered anathema to the rule of law. Fundamentally,
constitutional limits on power, a key feature of democracy, requires adherence
to the rule of law. Indeed, the rule of law could be defined as the subjugation
of state power to a country's constitution and laws, established or adopted
through popular consent. This is the meaning of the commonly cited phrase "a
government of laws, not men," made famous by John Adams, the second president of
the United States. Under such a system, law should be supreme to the capricious
authority of any individual. The rule of law is the supreme check on political
power used against people's rights. Without the regulation of state power by a
system of laws, procedures, and courts, democracy could not survive.
Although the rule of law protects the majority from arbitrary power and
tyranny, it should also protect the minority both from arbitrary power and the
"tyranny of the majority". Without the rule of law, there is likely to be either
a dictatorship or mob rule. Some revolutionary thinkers have extolled mob rule
as the highest form of political and social justice. In reality, however, mob
rule has meant violence and political chaos, which are the very same conditions
that often give rise to dictatorship, the exercise of arbitrary power, and the
denial of individual rights."
Finally, Llamanzares and his elders led by Black and White convenor Leah
Navarro may wish to seek guidance from the wise men of the ages, American Thomas
Paine and the framers of the Constitution of the Federal Republic of Germany
which I understand has been incorporated into the new basic law of United
Germany.
Thomas Paine noted in his seminal book, Common Sense, "the world may know,
that so far as we approve of monarchy, that in America 'The Law Is King.' For as
in absolute governments the king is law, so in free countries the law ought to
be king; and there ought to be no other."
On the other hand, the German Constitution notes: "Human dignity shall be
inviolable. To respect and protect it shall be the duty of all state authority."
For us to survive as a nation under God and democratic rule we are hoping
that the above passages will be responsibly imbibed and adhered to by all
concerned — from the lowliest citizen to the highest executive official.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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