The administration's major legal debacles
The last five Presidents of the Philippines are all non-lawyers: President Benigno S Aquino III, GMA, Erap, FVR, and the late Corazon C Aquino. But only in the current administration that the incumbent Chief Executive has experienced a series of major legal debacles. I was tempted to call them "disasters," but ''debacles'' would be more apropos. Disasters are sometimes results of fortuitous events or force majeure, but debacles could be, with all due respect, largely due to lack of foresight and even lack of skills, imprudence, negligence, or too much recklessness. The President's legal minds must be more careful next time.
The final reaffirmation by the Supreme Court of the legal demise of the DAP and the PDAP has capped the series of legal setbacks suffered by this administration, perhaps never equaled in the annals of Philippine history. By a vote of 13-0, with two abstentions, there is no way that such a landmark decision by the highest court of the land could ever be reversed, modified, altered or overturned. The first major debacle was, of course, the Supreme Court decision of the unconstitutionality of the Truth Commission. Also, the President's objection to the creation of the new congressional district in Camarines norte was rejected by the High Tribunal.
What is painful to Malacañan in the DAP and PDAP cases was that all the appointees of President Noy voted unqualifiedly and totally along with the majority. The Chief Justice, Maria Lourdes Serreno and Associate Justice Marvic Leonen voted against Malacañan without any qualification or reservation. This then was a major debacle because both Madam Sereno and Justice Leonen were eminent professors in the UP College of Law, the country's premier law school. (Sorry, Ateneo). The Palace legal team should reconvene and review its official positions on major legal issues.
The next major legal battle will be about the BANGSA MORO Basic Law. There are about ten advocacy groups that are raring to go to the Supreme Court again to seek the declaration of nullity of such an incongruity in law. The Malacañan legal team will have to convince the High Court that the BBL is not a violation of the Constitution. The learned legal dissertation by former Deputy Speaker Pabling Garcia before the joint Committees of Senators Defensor-Santiago, Guingona and Pimentel the other day, was a very appropriate forewarning that Malacañan should heed.
Even if President Cory was just a housewife, he was guided by Joker Arroyo in legal matters. FVR trusted his legal team including then Secretaries Frank Drilon and Ruben Torres. Erap had a strong legal team and GMA had the late Secretary Gonzales. Today, we have very good Secretaries as well but the President seems to insist to have his own legal theories and do not seem to listen to professional advice. This Bangsa Moro thing is another legal disaster in the making. I would want the President to win. He has all the best intentions. But if he does not listen to legal opinions, he may face another major legal debacle.
Well, all of you there may not like lawyers at all, and you may hate any form of legalistic gobbledygook. But all of us cannot escape from the realities of life. We have a government of laws and not of men. And the laws may be harsh, but the law is the law. This is something that the President, and all presidents, should learn to accept. No more and no less.
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