Tuesday, December 7, 2010

Motives and Greed: Darkness Descends on the Judiciary

Darkness descended in the Philippine judicial system.

After the Supreme Court succumbed to making decisions rich with questionable motives ["We should question the Supreme Court's motive." Deputy Speaker Lorenzo TaƱada III], certain court justices that the high court apparently sanctioned gave in to the call of salary greed.

Jess Diaz of The Philippine Star reported on 8 December 2010 that "SC spokesperson Midas Marquez was in touch with SC Deputy Administrator Raul Villanueva and Manila Regional Trial Court Judge Antonio Eugenio for the judges’ appropriate action against the supposed budget cut." This activity occurred amidst the SC public denial of their involvement in said plan to protest against alleged "cut" in judiciary budget.

However, Rep. Rolando Andaya Jr. (Camarines Sur), who chairs a subcommittee in charge of the judiciary budget, said that "contrary to claims that the appropriations for the judicial branch has been reduced, the P14.3 billion represents an increase of P1 billion over this year’s funding of P13.3 billion."

Andaya also disputed the "claims of judges that they have not been getting their salary increases since 2007 or 2008." He said they received increases taken from their allowances, part of which was added to their basic pay. “It is the amount of allowances, which should be equivalent to 100 percent of their basic salary, that they now want restored,” he said. The allowances came from internal fees that the courts collected, while salaries came from the national budget. 

Justices of the Supreme Court, despite their clamor for more funds for their allowances, are actually receiving compensation higher than President Aquino’s salary, Andaya clarified.

Now we have a court that play politics to satisfy their greed, and is willing to bend the law to justify their interests. This year marks the dark night in the Philippine judicial system.

RULING ON EXECUTIVE ORDER NUMBER 1

Senior Associate Justice J Carpio wrote:
"This Court, in striking down EO 1 creating the Truth Commission, overrules the manifest will of the Filipino people to start the difficult task of putting an end to graft and corruption in government, denies the President his basic constitutional power to determine the facts in his faithful execution of the law, and suppresses whatever truth may come out in the purely fact-finding investigation of the Truth Commission. This Court, in invoking the equal protection clause to strike down a purely fact-finding investigation, grants immunity to those who violate anti-corruption laws and other penal laws, renders meaningless the constitutional principle that public office is a public trust, and makes public officials unaccountable to the people at any time...
"History will record the ruling today of the Court’s majority as a severe case of judicial overreach that made the incumbent President a diminished Executive in an affront to a co-equal branch of government, crippled our already challenged justice system, and crushed the hopes of the long suffering Filipino people for an end to graft and corruption in government."

RULING ON MIKEY ARROYO REPRESENTATION OF SECURITY GUARDS PARTYLIST

Senator Francisco Pangilinan said:
"How on earth can we legally and morally say that a son of a former President represent a party-list organization for security guards? He does not represent security guards. Even a third grader can tell you that. He (Mikey Arroyo) represents his mother and their family and their personal and political interests, and the Supreme Court expects us to accept and respect its decision saying it isn't so and he truly represents the marginalized security guards sector?
"Herein lines the highest court of the land... But when the Supreme Court decides, doubts are immediately cast. For how long can you trust a Supreme Court with a spate of bad decisions, such as allowing a marginalized sector to be represented by a marginalized?
"How can future generations find wisdom from the whims of a few magistrates? The Supreme Court, to be above all, must rise beyond personal dictates." [Mario B. Casayuran: "High Court asked to rise beyond personal dictates," Manila Bulletin, 18 December 2010]


This article also appears in Kuro-Kuro on 22 December 2010.

No comments:

Post a Comment