Let the Supreme Court run government

We might as well cancel the elections, abolish Congress and just let the Chief Justice move in to Malacañang as the Supreme Court takes over the reins of government. It seems to me that nothing is really certain in this country anymore these days, unless the judicial Ayatollas in Padre Faura say so.

I want to believe that the Supreme Court had all the right reasons to invalidate the Comelec contract for computerized elections. Maybe there really were anomalies that ought to be looked into by the Ombudsman. But this penchant of the court for last minute intervention on matters that had long been implemented is now a serious risk factor for doing business in this country.

I will grant that the Supreme Court most likely did the right thing with regards to the amended PIATCO contract. It is also probably well within its rights to change the prevailing rules accepted internationally for computing utility rates if done prospectively. But the resulting massive Meralco refund with close to 10 years retroactive effect has a chilling effect on business. And it is also probably correct in annulling the Amari contract with the Public Estates Authority on constitutional grounds. But is there no way of working things out such that judicial declarations are not so disruptive to the economy?

Sometimes things get so bad as in the Subic shipyard case where the Supreme Court flipflopped on whether it was the Singaporean investors or the Gokongwei group that had the right to run the facility. In the case of the Manila Hotel, the decision that favored a friendly publisher was so pained that it was both shocking and laughable... national patrimony indeed! Look at it now! That decision discouraged investors in the tourism sector to take our country seriously.

Right now, potential investors in our mining industry are holding off because of a fear that the Supreme Court will most likely declare a law that liberalized foreign ownership of mining ventures unconstitutional. Cabinet members who go abroad to drumbeat our country as an ideal investment opportunity are unable to guarantee that the rules of the game they are presenting are for real or if the Supreme Court still needs to have the last say.

I am sure the lawyers amongst us will say the Supreme Court is well within its rights to determine what is in accordance with the law and what is not. The law after all, is what the Supreme Court says it is. In the past, laymen like us would tend to accept Supreme Court decisions as if they came from the Pope. But we have become weary in recent years of a Supreme Court whose decisions at best, seem out of step with the increasingly competitive global investment environment and absolutely disruptive at worse.

It did not help that this present administration packed the Supreme Court with appointees identified with a particular law firm or made political patronage a prime consideration for appointments. In the past, there is general agreement from among the legal profession on the worthiness of Supreme Court appointees. Today, almost every appointment is greeted with controversy.

So, where do we go from here? I say we should accept the reality that this country is effectively being run by a junta we call the Supreme Court. The legislative and to some extent, the executive branch have become largely expensive constitutional appendages, just for show.

Maybe, we should just expand the membership of the Supreme Court to as many members as it would take to get the Court to rule on disputes quickly so we can all go on with the urgent task of building our economy. Maybe we should elect them rather than have a secret conclave called the Judicial and Bar Council name them.

I see no real valid reason why hundreds of millions of dollars in sunk costs in a modern airport terminal should remain wasted while the justices take their time deciding, hopefully once and for all, on the validity of the anomalous amended contract. In fact, the delay in the promulgation of a final decision only gives rise to rumors that are not at all good for the image of the Court.

In deciding the Comelec modernization contract this late in the day, the Supreme Court is courting a constitutional crisis arising from failed elections this May, a point underscored by the Chief Justice in his dissenting opinion. Surely, the possibility of having a very disruptive decision as it turned out, should have made the Court decide with greater dispatch on the case. Or, they could have allowed the computerized elections to go on without prejudice to the contract being invalidated after the elections.

As it stands today, no one official in government, not even the President of the Republic, can guarantee the rules governing the country’s business environment. This is our biggest handicap and main reason why we have been left behind in the race for investments in the region.

Speaking as a layman since I am thankfully not a lawyer, I think laws and the interpretation of laws should be made to make life in this country a little easier and definitely not complicated. Admitting that there are too many rascals amongst us and there is probably hardly any deal that is above board, is it possible to just move on and just let the law catch up later? Let us use that modern airport terminal now and just go after the Chengs or whoever else is potentially at fault, if at all, later.

This junta of justices, now mostly appointed by Ate Glo, can be as damaging to our economy as a junta of overeager military officers. The Supreme Court justices must take responsibility for the consequences of their action or delayed action. They cannot just sit dressed in their black robes trying to project wisdom and yes, judicial impartiality and honestly believe that they are like gods who are above the worries of common folks. They just have to realize what they are turning out to be, before it is truly too late.

Rufina patis

Remember that item I had last week about Rufina patis being sold in the Middle East but made in Thailand? I just got an e-mail that confirmed our worst fears.

According to Jesus Lucas, general manager of Rufina patis, they do not have any arrangement that allows anyone, not anyone in Thailand, to produce Rufina patis. They were previously exporting to Saudi Arabia but they have since stopped due to difficulties related to collecting from the importer and with the many requirements imposed by the Saudi government.

Mr. Lucas also said that they could not meet the lower price of the identical product offered by Thailand. "This problem of competitiveness with countries like Thailand continue to hound our exports elsewhere even to the US," Mr. Lucas wrote.

This is not the only case of faking experienced by Rufina patis. They also have a similar big case against a chain of supermarkets in a US district court. It takes time and money to prosecute the case but at least the case is moving in the US. They don’t even know where or how to begin in the case of Saudi Arabia.

Maybe the government should help. This is a classic trademark infringement case and there are international laws that govern cases like this.

Mind blowing

Dr. Ernie E has this mind blowing joke.

Two women were talking about the new hunk in the neighborhood.

"But he acts so stupid," said one to the other. "I think he must have his brains between his legs."

"Yeah," her friend sighed, "but I’d sure love to blow his mind!"

Boo Chanco’s e-mail address is [email protected]