Pres. Aquino vs the SC-A A +A
Monday, December 12, 2011
MAYBE, just maybe, the rift between the magistrates of the Supreme Court and the Aquino’s could have birthed in 2005 during the incumbency of President Arroyo when the Presidential Agrarian Reform Council (PARC) dissolved the Stock Distribution Scheme (SDO), a death blow to the Hacienda Luisita Inc. owned and controlled by the Cojuangco family.
A year later, Cory joined EDSA 3 calling for the resignation of GMA brought about by the Hello Garci tapes which Presidential Spokesman Ignacio Bunye released for public ear at the Palace in June 6, 2005. Twenty days later, Arroyo blurted the heart-stopping words, "I am sorry I want to close this chapter".
So what transpired? Pandemonium broke loose. Rallies and coup attempts heightened the tension.
In July 8, 2005, at the height of the Hello Garci scandal, the Hyatt 10 comprising of eight Cabinet Secretaries and two bureau heads surge forth to proffer their irrevocable resignations at the same asking GMA to follow suit and be replaced by Vice President Noli de Castro.
The snowballing clamor for Arroyos’s resignation met its waterloo when de Castro’s leadership was debunked to a reluctant warrior — “a reluctant warrior who is fragile to lead the country”. His frame of mind that era was loyalty to the alleged crook not to the taong bayan whom he sworn to offer his uncompromised service. The vacuum of a potent replacement evolved to a volatile situation that finally eclipse the bright prospect of change ‘til it waned to allow Arroyo ends her scandalous term.
Until today, Kabayan Noli is a kiss-ass of Arroyo, you want proof, watch TV Patrol ABS-CBN.
The midnight appointment of CJ Corona surfaced to be the crowning thorn to prick a hole to the supposed harmony of the Executive Branch and the Judiciary as co equal branches of government. In Section 15, Article VII of the 1987 Constitution, the ban on midnight appointment states that “ two months immediately before the next presidential election and up to the end of his term, a president or acting president shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety”. A decided case in Castillo versus Aytona G.R. No. L19313, January 19, 1962 when President Garcia signed 350 appointments on December 12, 1962 a day before incoming President Macapagal assumed office on January 30, 1962. And as found out, many of those appointees turned to be disqualified based on the CS Law.
A contrasting historical facts hereto appeared. GMA’s father President Diosdado Macapagal questioned the midnight appointment of his predecessor and he won but today’s era, his daughter with acumen of the landmark court decision involving his father did to Aquino what Garcia did to his father. Albeit this time, Aquino lost.
Last December 1, 2011 before the Makati Business Club, Pnoy assaulted the SC for the haste it did to issue a TRO against the HDO of the Justice Department to effect a way for GMA to hightail from justice. And last Monday at the Justice Summit attended by twelve SC appointees of Arroyo, Aquino restarted his attack by saying that SC had put an obstacle along his path to address the past wrongdoings of the Arroyo regime.
He specifically mentioned that the checkmate of the truth commission was due to the SC declaration that it was unconstitutional, likewise the conditions laid down by the magistrates on the TRO of the watch list order against Arroyo was later on set aside by them to favor her.
Also the creation of a new congressional district in Camarines Sur to accommodate the son of GMA, Diosdado M. Arroyo was troubling he said, by pointing out that the provision of the law was violated by the SC justices when they approved its creation though it didn’t meet the required population of 250,000 because the new district has only 176,000.
The SC through its spokesperson, Midas Marquez, said when interviewed just after the summit, that some of the justices present were disturbed by Aquino’s tirade and by his mettle to look down on the judiciary in public. As some observers contend that the timing and the place was awkward.
But many say otherwise that very night, TV Patrol ABS-CBN conducted a survey and 80 percent favored the attack of Pnoy on the SC justices and 20 percent opposed. The latest Pulse Asia also disclosed a nationwide survey that 74 percent of the populace trusted Aquino, 17 percent are undecided and 9 percent distrustful.
In one school of thought, this humongous support of the citizenry on Pnoy can rise over and above the rule of law in condescension to the legal maxim that no one is above the law. An EDSA 4 seems in the offing, it’s just around the corner, patiently awaiting its happy hour to appear like the whirlwind, and sweep to nowhere land the justices of the Sc if they remain to be partisan as final arbiters of legal issues and disagreements.
Published in the Sun.Star Baguio newspaper on December 13, 2011.