Friday, December 17, 2010

SUPREME COURT

While it is true the Supreme Court of the Land can be made a low subordinate to any supposedly co-equal branch of government, this lamentable and detestable situation has already become a reality in this Country when this was placed under Martial Law where might was right. In other words, in the said adverse socio-political situation, the Supreme Court could be anything but independent and supreme. In this errant circumstance, the said Court becomes a joke and the whole Justice System in a Country makes a turn about and emerges as the nationwide “System of Injustice”.

But when there is even but essential democracy in a given Nation – such as the now Philippines – there is no option but to respect the judicial stand of the Supreme Court, to abide by its judgments in accord with its very nature and finality. This is to say: To undermine the significance and prestige of the Supreme Court basically on account of an unwanted decision – just as to praise it to high heavens only by reason of its desired judgment – this is not only puerile but also dangerous: Puerile because it gives the image of a little boy crying because his toy is taken away from him. Dangerous because it invites disregard of and disdain for the said Court. And the ultimate losers are the people in general – not really those who are in power now and tomorrow no more.

This matter came to fore because of the recent attempt of the Executive Department to look down and trample upon the Supreme Court that decided in the negative on the constitutionality of the so called “Truth Commission”. This is in no way meant to question much less to belittle the desire and design of Malacanang to prosecute the criminals and crooks of the previous infamous administration. The only intention behind the above thoughts is to emphasize and insist on the prerogative of the Supreme Court as the last and final arbiter of Cases brought to its formal attention.

The truth is that when the authority and competence of the Supreme Court are effectively undermined by individuals who merely did not get what they wanted, this situation only serves the cravings and intents of the separatist sectors of the Philippines – which was recently although unfairly branded by a certain foreign based human rights group, as a “Broken Nation” or something the like. In other words, in such a pitiful predicament not only the government but also the governed suffer the loss of their hope and peace.

Thus it is that the unsolicited advice for the Executive Department is to stop crying its heart out and just “Move on!”


OVCRUZ, JCD
17 DECEMBER 2010