Judicial Activism - SC issues TRO on GRP-MILF MoA and forms 3-man Panel on CA Bribery Scandal

By Tetch Torres
INQUIRER.net
First Posted 13:30:00 08/04/2008

 

MANILA, Philippines -- The Supreme Court has stopped the signing of the memorandum of Agreement between the government and the Moro Islamic Liberation Front over ancestral domain and set the hearing on August 15, its spokesman said.

The high tribunal also ordered the executive to provide the court and the parties that petitioned concerned a copy of the MOA not later than August 8, said lawyer Midas Marquez, information chief of the Supreme Court, Monday.

“The court issued a TRO [temporary restraining order] restraining the respondents from signing the MOA,” Marquez told reporters, hours after the high tribunal met in an en banc session to deliberate on the petition filed by officials of North Cotabato who asked for a full disclosure of the contents of the MOA ahead of its signing.

The court also discussed the allegations of bribery at the Court of Appeals involving the settlement of the dispute between the Manile Electric Co. and the Government Service Insurance System.

Shortly after the high court started its session, government, through Solicitor General Agnes Devanadera, sent its comment to the North Cotabato petition, Marquez said.

Invoking executive privilege in its 26-page comment, the government said while negotiations with the MILF did not involve any foreign power, there were military and national concerns that were raised.

“This being so, the entire process, the negotiations involving the said MOA and the drafts, documents thereof resulting from said negotiations is covered by the doctrine of executive privilege, which prevents the disclosure of information that could subvert military or diplomatic objectives,” the solicitor general said.

With a report from Agence France Presse

Cahooting the Courts - A classical story of oligarchic conspiracy and hoodlums in robes

“Judges ought to be more leaned than witty, more reverent than plausible, and more advised than confident. Above all things, INTEGRITY is their portion and proper virtue.” 

–Francis Bacon, Sr.
 

Off all the offices man has created for our society, none compares to that of a judge. We laid upon their shoulders the affairs of adjudication, so that matters of justice are decided daringly, eruditely and prudently. Such qualities were formed out of our noble aspirations that a person, learned in the law, enriched by his age, strengthened by his firm resolve, should remain accountable only to God and history; his decisions stand amidst all adversities, to uphold the very attribute which makes our society great – the rule of law.

However, in a sorry twist of events, the corruption of our society had already reached the judiciary, if not so blatantly. These past few days, Court of Appeals Associate Justice, Mr. Justice Jose Sabio, Jr. has been entrenched in a bitter controversy with Makati businessman Mr. Francis de Borja, over an alleged bribery regarding the GSIS-Meralco controversy. According to the estranged magistrate, he was offered P10 million by an emissary of Manila Electric Company (Meralco) to inhibit himself from a case filed by Meralco against the Government Service Insurance System (GSIS), and pave the way for Justice Bienvenido Reyes to chair the division that eventually ruled on the case. On the other hand, businessman Francis de Borja came out and said he had talked with Sabio, who supposedly told him that he had been offered by the government a “promotion to the Supreme Court and money” to rule in favor of the GSIS. De Borja, a friend of Meralco chair Manolo Lopez, also claimed that Sabio mentioned “P50 million” as the amount of money that would make him reject the government offer. The case was then decided by a different CA division that eventually ruled in favor of Meralco. This is where are instant controversy picked up steam, and so the story goes.

Again, the legal community is abuzz at the latest scandal to rock the profession. From law students to fellow academicians, from incumbent peers to dismissed magistrates, many are crossing swords to find out the truth behind the yarn. Legal luminaries urged the Supreme Court to punish those involved in an alleged bribery attempt, while some throw support behind their beleaguered mentor and colleague. A law school dean has warned the high court of public loss of faith in the judiciary that could give rise to political messiahs with adventurist agendas, while the aristocrat claims he only waits for his wife in a car. Opposing press conferences were already held by the parties, but still no definitive answer can be found. True enough; the highly elusive reality still manages to evade the scrutiny of the public, while the so-called “most venerable” institution of our republican society muses over its “black eye”.

It is not unbeknownst to many of the fact that the justice system has been pervaded by the malignancy of corruption. Decisions for sale and writs for rent are faced by ALL newbie lawyers once they start their legal career. There is a price list for everything. An anecdote sometimes trivializes this fact; a law professor asks a student his remedy if the judge denies his motion, the law student would reply with conviction “I will bribe the judge!” Today, this joke has become so remarkably truthful that a law professor would have to ask again for a remedy if the judge does not accept the bribe and dismisses the motion. Shall the answer be, “File a petition for certiorari, then bribe the justice?”

Let me clarify that I am not judging the character of anyone nor of any office in this instant controversy. As a child, I was raised with the highest respect for the position of a judge. My grandfathers were very honest magistrates, who shunned all forms of corruption. Lolo Entin, thru Auntie Lally, always reminded that "Honesty is the best policy." Whatever we possess today were reached through hard work and good blessings. Speaking as a law student, I am just struck in utter disbelief as the principles of legal and judicial ethics are being trampled by the very institution which is tasked with the preservation the rule of law. Its involvement in a tempestuous squabble has caused serious doubts on what is left of the credibility of the judiciary. Yes, the courts are not without fault. Being composed of humans, it is prone to acquire, if not to inherit, the inequities of the man and woman that occupy its chambers. That is why the law and courts have built in safety mechanisms to shield, if not immunize, the justice system from the perverse disease that has already afflicted the Presidency, legislature and the local governments. 

This scandal has totally rocked the country. In the quest of lowering electric prices, the people watched and hoped that some good shall happen to the GSIS-Meralco controversy and not just some corporate dispute on proxy shares. There is a genuine social issue that has to be confronted. But sad to say, the oligarchic cancer has tarnished the last remaining bastion of credibility in our society. The courts were blemished, the body politic has been totally despoiled, money is the talk of the town and soon thereafter, a complete breakdown of law and order shall emerge from the people’s lack of trust in our institutions.

How then should the Supreme Court address these issues? It has just confirmed the back channel talks and the rumors of chamber practices in the judiciary. The SC has to stand firm and be relentless in going after court employees and officials involved in anomalies. They should continually penalize those found guilty of involvement in issues of graft and corruption. And they should start now. Chief Justice Reynato Puno is already undertaking measures, and for that, truly, the judiciary is not without hope. But as Henry Ward Beecher so aptly remarked, “Take all the robes of all the good judges that have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge.”

The people shall continue to wait and see. The courts are not completely helpless, unlike the Presidency and its bogus occupant that is already totally bereft of merit.

GRP-MILF Memorandum of Agreement on Ancestral Domain (MOA-AD): A Draft Pact on Bangsamoro Homeland

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Top 10 Cars

As part of my Top 10 series, I am doing a post on my Top 10 Favorite Cars by Category (hopefully, I shall own each of them, with the further hope of declining fuel costs). This list is, as I said earlier, not arranged in chronological order, but arranged by category. 

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SEDAN Sub Compact  - Volvo C3

Engine 2.4liters I5, 5-cylinders, 6 speed Manual
Max Torque 236lbs-ft@1500rpm
Max Power 227HP@5000rpm
Safety Features Emergency Brake Lights (EBL), Anti-locking brake system with Emergency Brake Assistance (EBA), IDIS Intelligent Driver Information System

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SEDAN Compact -BMW 320d Sport/SE Convertible

Engine 320d - 6 Cylinders 2.5 L.; Valvetronic and double VANOS - 6 speed AT
Max Torque 250 Nm/ 2750rpm
Max Power 218 hp/6 5 00rpm
Safety Features dual airbags with two-stage deployment; seat mounted front side-impact airbags; full-cabin head-protection (curtain) airbags; tire-pressure monitoring system; ABS; traction control; dynamic stability control; post-impact system to unlock doors, switch on hazard and interior lighting and disable fuel pump

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SEDAN Mid Sized - Mazda 6

Engine 2.3-liter 4 cylinder MZR engine with SVT and VIS ; DOHC 16-valves; 5-speed Activematic transmission
Max Torque 207Nm/4000rpm
Max Power 164hp/6500rpm
Safety Features dual front airbags, side airbags, curtain airbags, ABS, EBD, traction control; immobilizer, rain sensing wipers, whiplash minimizing front seats, intrusion minimizing brake pedal

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SEDAN Large - Audi A8

Engine 6 cylinder V petrol engine made of aluminium with direct fuel injection, four valve technology, 2 stage variable intake manifold with 2 charge motion valves, DOHC, continuous camshaft adjustments, 4.2L V8
Max Torque 330nm/3250 rpm
Max Power 260hp/6500nm
Safety Features aluminium body with the Audi Space Frame (ASF) structure; full sizebag for the driver and front seat passenger; large haed level airbag system; ISOFIX child's seat mounting; lap-and-shoulder with automatic reel and pyrotechnic-action belt tensioner; safety steering column; brake system with an ati-blocking system (ABS), electronic brake force distribution (EBD) and hyulic braking assistant, Electronic Differential Lock (EDL)

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Sports Car - Porsche Boxter S

Engine 2.7-liter DOHC 24 VALVES opposed six-cylinder; 5 speed manual transmission
Max Torque 199lb-ft@4700-6000rpm
Max Power 240hp@6400rpm

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SUV Compact - Honda CRV

Engine DOHC i-VTEC, 16-valve; 2.4L
Max Torque 22.2 kg-m/4500 rpm
Max Power 160 ps/5500 rpm
Safety Features G-Con body structure, neck shock mitigation seats, Dual SRS Airbags, ABS with EBD + BA, security alarm system, immobilizer System, wave key

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SUV Mid Sized - Toyota Fortuner

Engine Direct Injection, 4-Cylinder In-Line, DOHC 16 Valve, Variable Nozzle Turbo with Intercooler, 3.0L
Max Torque 343/1400 - 3200rpm
Max Power 163ps/3400rpm
Safety Features SRS Airbags Driver and Passenger; ABS; with Seatbelts Front 3pt. ELR x 2 with Adjustable Seatbelt Anchor; Child Protection Lock; High Mount Stop Lamp

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SUV Large - Isuzu Alterra

Engine I-TEQ 4JJ1 computer controlled direct injection Common-rail system w/ turbo charge & intercooler
Max Torque 30 kg-m/1400 - 3400 rpm
Max Power 146 ps/3800 rpm
Safety Features dual airbags, ABS w/ EBD, anti theft immobilizer system back-up sensors,spoiler integrated third break lamp,seatbelts and side door beams

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PICK UP - Mitsubishi Strada

Engine 2.5 liter common rail direct injection (CRDi) diesel, 4 in-line DOHC, 16V Turbocharged and Intercooled (4D56)
Max Torque 314 nm/2000 rpm
Max Power 136 ps/3500 rpm
Safety Features dual SRS airbags. 3pt ELR, height adjustable (front), 3pt ELR and 2pt lapbelt (rear), child protection lock, side door impact beams

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VAN Full size - Hyundai Starex

Engine 2.5 CRDi Turbo Intercooler DOHC 16 Valve Electronic Common Rail System
Max Torque 33kg-n/2000rpm
Max Power 145ps/3800rpm
Safety Features Driver Side SRS Airbag, Anti-Lock Braking System, Electronic Brake Force Distribution

Just loving nature!

????!!!!????...absolute nature lover...love the beach...love taking pictures...beautiful sunsets...starry nights...i would like to have my own little place in bora...my own little getaway from it all....a beach house in la union would also be nice....

There is a pleasure in the pathless woods,
There is a rapture on the lonely shore,
There is society, where none intrudes,
By the deep sea, and music in its roar:
I love not man the less, but Nature more,
From these our interviews, in which I steal
From all I may be, or have been before,
To mingle with the Universe, and feel

What I can ne'er express, yet cannot all conceal.

I liked this description!