n what has to have
been their worst decision ever, the Supreme Court voted 9-6 to allow a Cabinet
official not to tell Senate investigating committees anything "relating to the
impact of the bribery scandal involving high government officials and the
possible loss of confidence of foreign investors and lenders in the country."
This has to be the first time that any High Court of any
country has decided that avoiding the impressions that the truth will give
investors and foreign lenders is more important to that country than their
finding out whether or not high crimes have been committed by the highest
officials of the land.
While the Court is right to wonder at what a great
embarrassment it might be for the world to know that crooks are in charge of our
country, one would think that the other impression – that all Filipinos are
crooks and that the Philippines is a thoroughly crooked country (which is proven
by the fact that the Supreme Court takes great pains to hide aspects of that
crookedness from everyone, including the Senate) is actually a worse judgment on
our country by those same investors and lenders.
Should this be the concern of the Supreme Court something
that the Department of Foreign Affairs should be worrying about? Shouldn’t the
SC be more concerned about punishing crimes, criminals, crookedness and crooks?
The Court argues: "This privilege is said to be necessary to
guarantee the candor of presidential advisors and to provide ‘the President and
those who assist him... with freedom to explore alternatives in the process of
shaping policies and making decisions and to do so in a way many would be
unwilling to express except privately.’"
While that seems reasonable, did not the Court realize that
nothing of what was discussed by Romulo Neri and Gloria Arroyo would have become
public knowledge if the same Romulo Neri had not – immediately after their
conversation – tell a gaggle of his bosom buddies what they discussed? If that
was what he did, after speaking with Gloria, how can this same rumor-monger now
claim that "executive privilege" prevents him from telling our Senators what
transpired between the President and her cabinet man when he had already told
the whole world what she said to the bribe offer that he reported to her?
Any possible loss of confidence from investors and lenders
has already happened anyway because Neri has been retailing his tales to anyone
willing to listen,
The ruling on the Neri case is a dangerous precedent since
the lower courts may also begin deciding cases not strictly on the merits;
instead, will they decide, for instance, that ruling that someone cheated in an
election may embarrass the country before the world and that, thus, it is best
not to rule on that one?
Dissenting were Chief Justice Reynato Puno and Associate
Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Conchita Carpio-Morales,
Adolfo Azcuna and Antonio Carpio.
If only the present justices of the Court were of the same
mold as previous justices, at least two of those who voted with the majority
should not have participated in the decision out of a sense of delicadeza. But
that may have flown out the window under the new morality that the current
government practices.
***
Forgive me for being overly suspicious, especially because of
rumors that the courts – specially the Court of Appeals – can be bought; but,
isn’t there something terribly wrong when a congressman convicted by a lower
court of the murder of the two sons of his political opponent after several
years of hearings, is acquitted by the Court of Appeals of the crime? What makes
this even more suspicious is that it only took the CA two years to reach its
verdict.
What does this make of the original judge who convicted the
congressman?
What change took place between conviction and acquittal? The
congressman was constantly in Malacañang and was especially helpful to the
Palace in its various battles within the congress. What gave this away was a
well-publicized visit by a presidential satrap to the congressman’s sick bed in
a hospital.
Is Malacañang really that powerful that it can now get
everyone – congressmen, judges and justices to do as Malacañang pleases?
***
Perhaps, what convinced the SC to turn against the Senate in
the Neri case was the fact that the present crop of senators act like bunch of
thugs beating up on the witnesses that they summon to appear before the Senate
Blue Ribbon Committee. That may be so but the Senate still does have the
authority – and the duty to go after things that go wrong and our laws that need
fixing. The SC should not place hurdles that only help the evil ones continue
with their skullduggery.
***
Valley Golf and Country Club will be 50 years old this year.
To mark the occasion, the already largest member-guest golf tournament in the
Philippines will even be bigger when the Don Celso Tuazon Cup begins on
Thursday, April 17.
Teams will play either on mornings or afternoons on Thursday and Saturday or
Friday and Sunday, when the awarding ceremonies will take place. This is usually
a long-drawn out affair and the Monday after the tournament is usually a
non-working day for most Valley golfers.