P-Noy and the judiciary

I wonder why the Aquino administration approved only about half of the proposed budget for the judiciary (P14.3 billion) when the Supreme Court needed P27.1 billion? This move on the part of the president has caused a lot of buzz and fuss — which apparently up to this point in time has not been neutralized.

Many believe that P-Noy’s action and/ or approval of such a budget is founded on his peevish annoyance of what has become of the Supreme Court — a GMA court. Now should a president really act in such a manner? I would like to believe that this is not so and that he has other reasons to justify his actions. He must exude an example with exact appropriateness lest the public continues to ridicule his Excellency.

We all know that P-Noy had been burning the midnight oil trying to cut down costs in government spending. And we also know how he had slashed the budgets of vital departments such as the P2-billion cut for the Department of Foreign Affairs and education particularly the budget for the University of the Philippines which was slashed by P1.39 billion or 20.11% this year. I hope that he did them all for the right reasons.

Malacañang should find a way to resolve their differences with the Supreme Court. The gap between these two vital governing bodies has been existing quite a while now. P-Noy’s strong statements against the appointment of CJ Corona and his oath-taking on June 30 before Justice Conchita Carpio Morales show his indifference and skepticism to the highest judicial tribunal. Its good to have the executive and judicial branches independent of one another but they shouldn’t be fighting like cats and dogs.

Is this the example Malacañang wants to set? Shouldn’t the leader of the nation resolve conflicts or crisis during his term with objectivity, keeping in mind what is best for the country and the citizens? When will all these accusations, innuendos and “word” war end? It has to stop soon because it gives us a bad image of having a weak leader.

I know that recriminating exchanges between top government officials are not unusual, not even between high executive, legislative and judicial officials. Thus, though unprecedented in hostility the exchanges between Malacañang and SC Spokesman Midas Marquez (who has been interpreting, clarifying and even modifying High Court rulings) – are not unexpected. Citizens concerned have anticipated all along these turn of events. Malacanang’s spokesmen should be careful that they do not humiliate nor demean the justice department’s constitutional domain and prerogatives. This is not really good for the country. P-Noy should put a stop on his personal sentiments about Corona and find the “right way” or tamang daan between the two.

An NCR IBP Chapter official who declined to be named is also surprised over P-Noy’s caustic reaction to the SC Truth Commission ruling. The same source (who appears familiar with the JBC “culture” of nomination and “dynamics” of appointment to the judiciary) posed the question: “Did P-Noy and his legal team really expect GMA’s appointees to the Supreme Court to have ruled differently?” The IBP officer when asked if he meant the GMA appointees “were programmed” to rule the way they did in the Truth Commission case replied: “Let’s not be naïve.” He added: “ If the Court, during its glorious days had magistrates like Chief Justices Avanceña, Moran, Paras, Bengzon and Concepcion and members like J.B.L. Reyes, Cecilia Muñoz Palma and others respected, trusted and esteemed by the citizenry — reaction to high court rulings would be deferential and respectful.”

It is not surprising that the first and second level courts have several “rogues in robes”. As my dad once quipped, “they are infesting the judiciary nationwide!” And according to a bank lawyer — this is not shocking at all. In fact, he said banking sources who say they know how big cases are won or lost, are now talking about an “interesting” order issued by the RTC Judge ordering the Bangko Sentral ng Pilipinas to release PHP 25-billion to a savings bank under a regulatory relief program that the BSP is litigating. Banking sources confirmed this report, adding that before this RTC Judge (a former labor arbiter) was moved to the NCR, he was serving as a trial court judge in a Region III station. A bank executive is now asking: “Has it ever occurred to JBC members when they nominated him for lateral transfer to a court in the nation’s knowledgeable financial district, that he may not have been suited at all for his promotion? By the way, the BSP has never won a single case before His Honor’s court. Truly, with all such perversion of the law whether in the judiciary or in the different branches of government happening under our noses — can P-Noy and Corona afford to snob each other?

Palace Spokesman Edwin Lacierda should stop railing against the JBC’s nomination and presidential appointments to the judiciary of the past administration. They are there already. The best thing for him to do is to ensure that the JBC nominates good and honorable judges to P-Noy who is scheduled to make his appointments to the judiciary soon.

Many in the legal and business communities, especially in the NCR, are waiting for P-Noy’s new appointees in 2011 to the judiciary. His sincerity and seriousness of purpose in promising an improved justice system will be measured by the quality of his appointees.

Malacañang sources now confirm reports of nominees for the Court of Appeals, the Sandiganbayan and several vacant trial courts being asked to secure and submit written endorsements from politicians to bolster their chances for appointment. Several of the nominees, relying on their merits, are repulsed by this requirement, saying: “We are being compelled to be indebted to politicians even before we are appointed.” There are also reports, though yet unverified and unconfirmed, that allegedly “integrity, reputation and legal scholarship will have less weight vis-à-vis the clout of influential backers.”

In our country, is not justice dispensed by the men and women in robes who preside over our courts – but who, under the Constitution, are supposedly screened and nominated by the Judicial and Bar Council and appointed by the president? Thus, is therefore, not the “ROOT CAUSE” for all the ills of our judiciary due to foul-smelling decisions rendered by the men and women nominated by the JBC and appointed by the president – not obvious? Does one who plant durian trees expect to harvest sweet-smelling and tasting mangoes?

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On January 11, 2011, the descendants of Domingo T. Franco, patriot and martyr will converge at Plaza Moriones in Tondo to commemorate his 114th death anniversary.

Domingo Tuason Franco was born in Mambusao, Capiz in 1856. He met Rizal in Ateneo and it was then that they became part of the historical, revolutionary organization — “La Liga Filipina”. When Rizal was deported to Dapitan, Franco carried on the work of La Liga Filipina. After which, Franco and his compatriots were implicated in Bonifacio’s KKK uprising. They were executed in Bagumbayan shortly after Rizal’s execution.