Blending, not separation, of powers

July 24, 2014 10:17 pm

by RENE SAGUISAG
The Supreme Court (SC) continues to be secretive? A truthful assets statements cannot lead
anyone to trouble. Yet, the SC has again denied a request of the BIR (no longer Bigay Ikaw
Regalo under the leadership of Kim Henares, whose shame campaign I disfavor though) for
assets statements, making SC stand for Secretive Court. It would not even give the public certain
rulings! Nor copies of papers in a case where the one requesting is not a party. For crying out
loud.
Marcos was one tough criminal genius who imprisoned Senators Aquino, Diokno, Rodrigo,
Mitra and Salonga. But, he had the full panoply of martial law to back up his egregious
misadventure into kakistocracy and kleptocracy. Macoy had non-crony media outlets closed.
All AmPaw PNoy has done was to work for the ouster of a Chief Justice (CJ) and now three
senators are in jail. Without martial law at that and with a Wild, Wild Press validating that media
is the plural of mediocre (Rocky Bridges), knowing all the answers which are hopelessly
contradictory. Columnists galore confirming Arthur Hoppes definition that a columnist such as I
scan the papers, and finding something I dont understand I proceed to explain it, in this paradise
of sabong journalists.
Here, mediocrity can really go far. Cuz PNoy is Ampaw, sans martial law and does the legal
traditional way, in freedom, such as in moving to recon. One should see what Franklin Delano
Roosevelt tried to do with the US Supreme Court in the 30s.
This is the same SC which said Rene Coronas post-midnight appointment was OK. The
Constitution provided a way for the people to make him jobless by reversing the SC. He had
decided to testify in his impeachment trial. Hara kiri. His legal team called Chit Carpio-Morales,
who twisted the sword. You dont ask a question the answer to which you dont already know

was very early on drilled us by our betters who knew the law, not the judge. And a lawyer who
defends himself has a fool for a client, another early lesson confirmed.
PNoy did threaten the Supreme Court (SC)not with salvaging or detention, but with a motion
for reconsideration. Thoroughly legal and traditional. Lame? I cant see how.
Bribery? You do something now and collect a year later? Comic relief. Of course we have
problems, following World II, the Marcos dictatorship and the GMA Power Grab.
We can always blame our horned leaders, including the haloed saints in the wings, who may
come marching in in less than two years, if the comic impeachment tries succeed. For trying to
give our people a better life?
But, we are scofflaws multiplying like rabbits in our ungovernable culture, aware of our Bill of
Rights, but not our Bill of Duties.
In 700 days we wont have PNoy to kick around anymore.
Today, we see court personnel demoing for the Supreme Court. Their right outside of office
hours. They did it during office hours in the case of Rene Corona. But, whatever for? The
Judiciary Development Fund which only a Chief Justice from 1984 can deal with? The
arrangement is so undemocratic. Others, particularly other unelected Justices and the elected
lawmakers should be involved. Cross-border? We may even ask that the Fund be increased as the
Judiciary may not have enough datong. In Makati where I live, the Citys executive gives
allowances, vehicles and other perks to the judiciary.
If true, so what? If it is to improve the administration of justice. Those in government must work
as one, not as a circular firing squad. Prof. Carlo L. Cruz, eminent son of the great late Justice
Isagani A. Cruz, just gifted me (cum the usual blarney for a dedication) with a 2014 edition of
Philippine Political Law. Justice Isagani moved me when in 2005 he dedicated a book to a
brilliant lawyer of lost causes, from a fellow loser. I can live with losing. So can PNoy, I
believe, but we are pledged to raise all colorable entertainable defenses, as in pro duty bound,
under our lawyers oath.
All in government are pledged to try to work together to give our people a better life. [T]here is
some difficulty in classifying some of them [powers] as definitely legislative, executive or
judicial. Justice Holmes put it vividly when he remarked that `the great ordinances of the
Constitution do not establish and divide fields of black and white. Even the more specific of
them are found to terminate in a penumbra shading gradually from one extreme to another. At
134.
The point is have we all forgotten blending of powers and remember only their separation.
Local governments like Makati and Taguig can continue giving judicial personnel allowances,
vehicles and other perks, I submit. Cross-border, we are one family. Do the protesters want
money from local government units stopped? I dont.

I can even agree to giving Justices a million a month so they will stop collecting pay
disingenuously in the Presidential Electoral Tribunal which has no case, as PNoy clearly won in
2010. For the masa, its no work no pay.
The protesters may wear any color, their right. Yellow remains my choice, forever and a day.
Meantime, the SC brags that it accounts to the people on the Judiciary Development Fund. PD
No. 1949 says there should be quarterly reports, to be given, among others, to executive judges. I
have been telling my students, for years, to get one copy of the reports from such judges, to pass
my subject. Up to now, none.
Oh, yes, my source says, ampaw, you might be happy with for a while but after 10 minutes,
youre hungry because theres nothing in it, PNoy said in Filipino. `Ampaw is a pejorative for
people lacking in substance.
Look where the toughies are. Caged.
Pusong Mamon, I distrust anyone in whom the instinct to punish is powerful Nietzsche. I was a
fierce critic of Manong from 1972 up to his dishonest Memoirs but I dont kick anyone wh o is
down. Hors de combat. In Italy and Spain, I understand no jail time for septuagenarians. Way to
go. He is going on 91.
But unwell Manong Johnny should be given civilized city arrest, as in the case of Suharto.
All this, from a human rights advocate trying hard to be a Christian.