Supreme Court: We're not anti-P-Noy

MANILA, Philippines - The Supreme Court (SC) yesterday denied allegations of President Aquino that it was “singling out” his administration in several rulings that purportedly put legal obstacles to his reform program.

SC spokesman Jose Midas Marquez said the SC is “applying the law fairly and equally to all… the Court is not, and will not, single out anyone.”

Marquez stressed that the decision of the High Court, which nullified Executive Order 1 that created the Truth Commission, in fact showed the judiciary’s support for the reform program of the new administration – if only it were correctly understood.

The SC has declared EO 1 as unconstitutional, pointing out the presidential order that created the Truth Commission that would supposedly investigate anomalies of the previous administration had violated the equal protection clause.

Marquez reminded Aquino and other critics to read a key portion of the ruling penned by Associate Justice Jose Mendoza, which states, “the search for the truth must be within constitutional bounds.”

On the sidelines of the budget signing last Monday, the President admitted that he considered the judiciary as the biggest challenge his administration faced in its fight against corruption.

Aquino cited the legal setbacks his government had suffered in the judiciary, among them the junking of the Truth Commission, the looming approval of the plea bargain of former Armed Forces comptroller Carlos Garcia and the one percent conviction rate in drug cases.

Aquino lamented the judiciary has so far been the “greatest difficulty” of his administration.

Lawmakers, on the other hand, warned Aquino to go slow in hitting the SC.

Crossing party lines, administration and opposition lawmakers said Aquino should not undermine the SC, being a co-equal and independent branch of government.

Senate President Juan Ponce Enrile said the executive and the judiciary should maintain a “degree of cordiality” despite their obvious rifts concerning the recent developments at the SC.

“The government of the country is like a machine. All parts must work together to make it function efficiently so you must allow the principles underlying the Constitution to operate – separation of power, check and balances, coordination,” he said.

Enrile noted the potential clash worsened when the SC decried the reduction of their budget for 2011, with Congress affirming the budget cut despite threats of protests from the judiciary.

Sen. Joker Arroyo also advised Aquino not to deal with the SC head on over its recent decisions.

Arroyo said Aquino should have been more statesmanlike rather that reacting point by point on the SC decisions, particularly over EO 1.

“Why? For the simple reason that the President, like the father of the family, has the duty to unify, not to divide the country, even when sectors disagree over an issue,” Arroyo said.

Davao City Rep. Karlo Alexei Nograles also stressed the importance of mutual respect between the three branches of government.

Nograles pointed out the SC is composed of 15 justices acting with different and independent opinions.

“They don’t act motu propio (on their own initiative) unless a legal question is brought before them and they will decide based on the law and jurisprudence,” Nograles said.

Although Aquino had every right to express his personal opinion over some issues, Nograles said such statements are also being weighed.

“You know each President has his or her own style of running the government. We all know that he (Aquino) is very comfortable in airing his opinions – that’s his style and I’m not one to lecture him on what he should do,” Nograles said.

In making decisions, Enrile said people sometimes find it difficult to separate their feelings or emotions and points of view.

“But I’m talking of myself, as much as I can, I try to temper my emotional condition when I’m confronted with a problem that involves the interest of the country,” Enrile said.

Zambales Rep. Milagros Magsaysay, for her part, said Aquino should “learn as President to eat humble pie and realize that there is a separation of powers in government under the Constitution where the judiciary is protected from the executive.

She said the attacks against the SC over the issue had been unfair.

Magsaysay added the justices have “never said anything except hand down their decisions based on what was presented to them.”

“These rulings are not the fault of the SC. It’s like garbage in, garbage out. If his lawyers did their legwork, their homework, and their spadework, and everything in between and presented their case well, I think the outcome could have been different,” she said.

The opposition lawmaker said it would be better for Aquino to overhaul his legal team and replace them with “good ones and those with experience and wisdom.” –With Paolo Romero, Christina Mendez