The recent Supreme Court split decision on the TRO filed by GO Candidate Koko Pimentel clearly shows how polarize is the Philippine society. The decision again highlights that justice is partial and serves the status quo. The decision, religiously followed by the Filipino American community in the United States, clearly shows how divided the Filipino society is and it is reflected among the 14 justices of the Supreme Court. In its recent decisions especially in the 2007 national elections. It just repeated the injustice perpetrated against presidential candidate Fernando Poe Jr in 2004 only now, it is against Koko Pimentel. Basically it refused to decide on the conduct of elections and refers the cases to the Presidential, the
Commentary
The Recent Philippine Supreme Court Split Decision, Splits the Public
by Arturo P. Garcia
AJLPP-USA
Los Angeles -- The recent Supreme Court split decision on the TRO filed by GO Candidate Koko Pimentel clearly shows how polarize is the Philippine society. The decision again highlights that justice is partial and serves the status quo.
The decision, religiously followed by the Filipino American community in the United States, clearly shows how divided the Filipino society is and it is reflected among the 14 justices of the Supreme Court.
In its recent decisions especially in the 2007 national elections. It just repeated the injustice perpetrated against presidential candidate Fernando Poe Jr in 2004 only now, it is against Koko Pimentel. Basically it refused to decide on the conduct of elections and refers the cases to the Presidential, the Congressional or Senate Electoral tribunals that takes too long and forever to decide on electoral protests.
The Supreme Court decision clearly indicates how some of the justices favor their usual flair for technicality (they call it the law of evidence) against the clearer COMELEC’s partiality for the administration as proven by their kid gloves handling of Garcillano and Lintang Bedol and the clear failure of election in Maguindanao.
On the other hand, while the decision clearly favors Juan Miguel Zubiri over Pimental and now the COMELEC can bulldoze its way in proclaiming Zubiri which they have been raring to do, some of the Supreme Court justices clearly are deeply affected by the Catholic Bishop Conference stand on the election and the general public perception that something is wrong with the COMELEC and the way the elections were conducted in Mindanao.
The Letter or the Spirit of the Law?
During the oral arguments, some of the justices like Justice Renato Corona go for the technical side of the law. He said he was worried that by granting Pimentel’s plea for a TRO, the high court would be giving him too much power to delay the proclamation of the 12th senator.
“I’m alarmed at the power which the court is going to give to you the moment we grant the petition. At best, you would have succeeded in disenfranchising the Maguindanao electorate and reviving an issue already buried in the petition you reversed,” Corona said.
“You’ll have the power to tie up or hold up the Maguindanao canvassing, hold up the rightful winner from taking his place.”
De Lima. Pimentel'ss lawyer replied that her and Pimentel’s position was that the Maguindanao results were not authentic and if the documents were manufactured, then these did not reflect the accurate results.
Corona also asked why Pimentel would rather not question the Maguindanao figures before the Senate Electoral Tribunal. He added that the Pimentel camp feared the process in the tribunal would drag but was not worried about dragging the process of the counting and proclamation. Corona’s opinion clearly shows he goes for the letter of the law. He shows no much concern on the spirit of the law.
A radio commentator jsetingly asked: "Does the Supreme Court also upheld and legalizedf Garcillano's and Bintang Bedol's cheating prowess in
cheating in Mindanao?"
US Supreme Court Copycats?
Some of the justices echo the stand of the US Supreme Court during the Florida case during the controversial 2000 Presidential elections when the U.S Supreme Court decided 5-4 in favor of the election of George Bush for his first term in office.
Democratic Presidential candidate Al Gore did not contest the Supreme Court decision in order not to rock the boat. The U.S. Supreme Court reiterated its conservative position to maintain order and the tried and tested way of status quo.
No doubt the Philippine Supreme Court casted in the mold of its American counterparts dutifully follows this tried and tested way of status quo.
BAYAN MUNA Representative Satur Ocampo took their oath of office with Chief Justice Reynato Puno. He exclaimed that; “ The Supreme Court is the only institution hat is still being respected by the people.”
We believe that we must take this statement with a grain of salt. Historically the Philippine Supreme Curt is vulnerable to public opinion.
The Philippine Supreme Court Record
The Philippine Supreme Court was basically a creation of the U.S colonial period, Actually, the Marcos Supreme Court remained loyal to Marcos during the 14 years of martial law.
The Fernando Court was notorious for favoring Marcos hook line and sinker and the Chief Justice Enrique Fernando received brickbats for holding parasols for the first lady Imelda Marcos during his term in the Supreme Court.
The same Supreme Court affirmed the death sentence on Filipino patriots General Macario Sakay , the president of the tagalog Re[ublic and his lieutenants and ordered them hang as common criminals or “Bandoleros” in September 13, 2007
On the other hand, the Philippine Supreme Court famous decision upholding Filipino patrimony against the intrusion of US corporations on the Quasha case alarmed the US authorities thus the favored the Marcos declaration of martial law in 1972 to preempt the termination the Laurel Langley-agreement in 1974.
It is interesting to watch the conduct of the Philippine Supreme Court on the recent national elections especially the Maguindanao case or the Pimentel case and see which way it will go: protect the status quo or for the interest of justice for all.
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Original: The Recent Philippine Supreme Court Split Decision, Splits the Public