Noy asks SC to review controversial cases

MANILA, Philippines - President Aquino yesterday called on the Supreme Court to review controversial cases and look into judicial processes hampering the speedy implementation of the government’s infrastructure projects.

Aquino also expressed confidence that Chief Justice Maria Lourdes Sereno would pursue the necessary reforms in the judiciary.

“The truth is, you are the experts in law and my appeal is: Review serious and controversial issues faced by the judiciary, like the times when the position of one or a few justices became suspicious, when the Supreme Court’s position on important issues changed, or when judicial legislation seemed to have occurred,” Aquino said in a speech during the groundbreaking of the future site of the SC complex in Fort Bonifacio, Taguig City.

The President did not cite specific cases and said he was aware of the steps being taken by the judiciary to strengthen and ensure positive transformation of its institutions.

“I am one with you in this objective, along with the executive (branch of government),” Aquino said.

He stressed everyone must be passionate in working to achieve change. 

“Revisit the controversies you faced in the judiciary, like the time when the position of one of the magistrates was questioned, when there was sudden change in view of the Court on very important issues or there appeared to be judicial legislation,” the President said.    

Sereno, for her part, addressed the concern raised by the President about the supposed “judicial legislation” by the SC on some cases.

Sereno said the justices are aware of the limits in their power of judicial review.

“In every en banc (session) we continue to debate on whether what we are doing is already legislation or still in the bounds of what we can do. But ultimately it will redound to what the final vote will be. So it’s an evolving thing, but we are mindful about that need to maintain that line,” she stressed.

Aquino, who had been at odds with the SC over various issues including the Disbursement Acceleration Program declared partially illegal by the high court, said he would not block programs and projects that were valuable and beneficial, such as the P1.28-billion SC complex that was included in the judiciary’s budget under the General Appropriations Act of 2015 and the 2016 National Expenditure Program.

The President also asked the SC to review the law requiring government deposit for infrastructure projects in various areas in the country. He said this was for the real estate taxes for the property being expropriated.

Once the deposit was made, based on the law, the court must already issue a writ of possession stating that the government already got the authority to use the property and proceed with the project.

In an earlier interview, the President said local government units would usually file a case before lower courts to determine just compensation, effectively stopping the project.

Aquino said Public Works and Highways Secretary Rogelio Singson mentioned this as one of the factors delaying their implementation of projects.

“Even after the DPWH already made a deposit according to law, the court does not issue writ of possession right away. There are times when the project implementation is delayed due to determination of just compensation,” Aquino said.

“I am submitting this: The issuance of decisions on these kinds of issues will hopefully be given focus. The right of the government to proceed with the project even if the court hearings on just compensation are not yet finished is clearly stated in the law,” he said.

As he understood it, the President said government infrastructure projects should not be subject of a temporary restraining order because it would stall the implementation, but this was what had been happening in effect due to late issuance of writ of possession.

Aquino cited one expressway project that was affected by this, recalling a joke he heard from a lawyer that in their “Introduction to Law,” they were told that there were only two kinds of lawyers: “Those who know the law” and “Those who know the judge.”

Aquino stressed any delays in the implementation of government projects would also delay the benefits they would provide the people.

Aside from this, Aquino said expenditures for the delayed projects would increase when the funds could have been used for other services.

“All of us who serve our bosses should not focus on anything than what can improve the condition of the country,” he said.

Aquino said the SC must focus on serving justice in the right and fastest manner and this would lie in the hands of the judiciary under Sereno. He said “justice delayed is justice denied.”

Citing Article 8, Section 1 of the Constitution, Aquino said “the judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law,” while Section 15, Subsection 1 of the same article stated that: “All cases or matters filed after the effectivity of this Constitution must be decided or resolved within (24) months from date of submission for the Supreme Court.”

The President explained he cited the provisions of the Constitution because the SC, as it prepared to move in a modern and quality complex with the latest equipment, the most important would be those who would be working inside it.

He said a new building could help them become more efficient, but it would still be up to them if they would push for what was right and just.

Justice Zone

Aquino noted the “Hustisyeah” project to decongest the judiciary, automated hearings, e-courts, e-subpoenas under the “Justice Zone” for better administration of cases.

“If it’s true that there is a subspecialty on how to delay proceedings, the judiciary now really did something to fight this,” he said.

The “Justice Zone” is the SC’s project with the Department of the Interior and Local Government and the Department of Justice.

“What our bosses expect from public servants are simple: instead of ‘just-tiis,’ let us push for true justice,” Aquino said.

The term is a pun on the Filipino word tiis, which means to suffer or endure, and “Just-tiis” means to suffer in silence without obtaining justice.

Aquino and Sereno yesterday led the groundbreaking ceremony for the construction of the SC complex.

The 21,463-square meter property at the former Philippine Army Security Escort Group area was purchased by the SC for P1.287 billion payable in 10 years through a memorandum of understanding between the Bases Conversion and Development Authority (BCDA).

BCDA head Arnel Casanova and SC clerk of court Felipa Anama signed the contract to sell before the President and Sereno proceeded with the ceremonial laying of the capsule for the project to be completed in 2019.

The SC said 10 percent of the contract price would be paid through the SC’s budget under the General Appropriations Act of 2015, while the remaining 90 percent would be paid with budget from the National Expenditure Program for 2016.

The state-of-the-art design and construction of the complex would cost P3.2 billion and will house a nine-story main building with 51 offices and a six-story parking building with 600 parking slots.

There will also be a training center and a convention hall expected to bolster the SC’s capacity building program and allow the tribunal to host local and international conventions.

SC Associate Justice Estela Perlas-Bernabe said the Department of Budget and Management has approved the budget for the project.

She said the complex will “adopt an environmentally sustainable design aimed at lowering carbon footprint… lowering maintenance expense” and that it would be “at par with foreign counterparts or even better.”

Bernabe assured the public that the buildings would adhere with the Building Code, and could withstand earthquakes and typhoons.

The transfer would address congestion at the SC, which has about 2,800 employees, Bernabe added. – With Edu Punay