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Opinion

Technical knockout?

SEARCH FOR TRUTH - Ernesto M. Maceda -

Law students must be confused. How can a final decision of a court be recalled by a mere letter of a party’s lawyer claiming the decision was rendered by the wrong Division of the Supreme Court? That’s exactly what happened in the FASAP/PAL case.

The Justice of the 2nd Division who wrote the decision is duty bound to know the case does not belong to his division. And the four other Associate Justices who signed the decision, aren’t they supposed to know what cases are assigned to their division? The Clerk of Court of the 3rd Special Division should have called the attention of the Clerk of Court of the 2nd division that the case belongs to the Special 3rd division. And why did PAL lawyers not question the jurisdiction of the 2nd division before it issued its final ruling?

The Supreme Court flip flopped three times in the case of the 16 new cities on the merits. But, a recall based on technicality takes the cake.

The erring Justice should be disciplined. Don’t be surprised if suspicions are aired about lobbying for decisions in the Supreme Court, about money being paid. It happens in lower courts but certainly, a big no-no for the highest court of the land.

Senators Miriam D. Santiago, Franklin Drilon, Francis Pangilinan and Sec. Edwin Lacierda are correct to question the credibility of the Supreme Court.

* * *

SIGNS OF POVERTY. . . It is very sad to read a report that five children including three siblings died while crossing a river going home from school in Barotac Viejo, Iloilo. It is clear proof that development has not reached their area as there is no road or bridge from their neighborhood to the school forcing students to cross a river on foot.

It is sad to note that in many towns, small children have to walk more than a kilometer to the nearest school.

* * *

ABSOLVED. . . After being absolved by the PNP of any criminal liability, Presidential Adviser Ronald Llamas did not get any dressing down from President Aquino on his ownership of two high powered rifles.

What does the picture say when a junior Cabinet Member has to carry a high powered rifle in his car to protect himself from death threats? It means the criminals abound that a citizen must now defend himself and not depend on the police for protection.

You cannot even depend on the police as the latest arrested leader of a gang of hijackers is no less than a PO2 Amiel Arceo, who led a hijacking of a cargo truck in Pasig, dressed in his police uniform.

It is acceptable that the two staff members of Llamas were immediately fired. But, to absolve Llamas who owned the gun completely of wrongdoing is not. In his TV interviews, he is not even apologetic.

Sen. Miriam D. Santiago had good advice for Llamas. If you are afraid of death threats, then resign. As the saying goes, “if you can’t stand the heat in the kitchen, get out.”

PNP now says that Cabinet Members are now allowed to carry high powered firearms. That is not surprising considering that P-Noy is a gun lover. Ordinary citizens are not. That policy is discriminatory.

* * *

GMA STILL DISABLED. . .  President Gloria Macapagal Arroyo is still sick from her neck spinal operation. Her neck brace and halo is still unremoved. She has a parathyroid condition. She was not able to visit and distribute relief to her district in Pampanga. She receives visitors, but limited to one a day.

Cong. Danny Suarez (Lakas, Quezon, 3rd dist.) visited her last week and reported to Anthony Taberna that GMA expressed her confidence in local doctors and at the moment has no plans to go abroad for treatment. Why not invite the foreign doctor specialist to come here?

* * *

STIMULUS. . . After 16 months in office, President Benigno C. Aquino III unveiled a P72 billion stimulus package to pump prime the economy. The government had underspent by P135 billion under President Aquino the first 15 months. It looks to me that the P72 billion is not enough stimulus for our ailing economy.

Economist set a GDP target of 7-8 percent to lift people out of poverty. The P72 billion will be probably able to help bring up the GDP from 3.4 percent in the 2nd quarter to only 4.5-5 percent for the whole year of 2011.

Short term or small scale projects should be prioritized. With P30 billion you can wipe out the classroom shortage in less than a year. The present plan is to cover the shortage by 2016 yet. Why delay it?

Former DBM Sec. Benjamin Diokno and former National Treasurer Leonor Briones want a detailed, transparent program. Briones suggested that besides DPWH infrastructure projects, education, environment and agriculture programs should get increased funding.

And the bottom line question, how many jobs will be created?

* * *

GUESS WHO. . . A recent P-Noy appointee is encountering an unusual problem. His mother and his mother-in-law are fighting over “clients” they bring to the son for approvals.

* * *

TIDBITS. . . Ten days after Pedring, the town of Adams, Ilocos Norte is still isolated as rocks and boulders have blocked their roads. The same is true with some barangays in Aurora province. Slow response. Yes.

Sen. Bongbong Marcos has come out to defend Bobby Ongpin in the Senate investigation of DBP behest loans.

Former Chief Justice Artemio Panganiban reports that there are now 600 vacant positions in the judiciary left unfilled to generate savings.

Birthday greetings to Adeling Palacios, Dr. Ernie Reyes, Lydia Arguelles, Dr. Luis Lira, senior citizen readers of our column from Batangas City.   Greetings also to reader Toto Jalandoni.

ADELING PALACIOS

AMIEL ARCEO

ANTHONY TABERNA

ASSOCIATE JUSTICES

BAROTAC VIEJO

COURT

DIVISION

PRESIDENT AQUINO

SUPREME COURT

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