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Sunday, December 4, 2011

Enough of the hypocrisy!

Malacanang may claim that Noynoy does not disrespect the Supreme Court (SC) nor does he defy its orders. But it is much too evident that he does and shows it every chance he gets.

Just last Thursday, speaking before a group of Makati Business Club, there went Noynoy again, blasting away at the high court and its rulings, as he reportedy questioned the speed with which the high court granted the Arroyos the temporary restraining order (TRO) that allowed the couple to leave the country and consequently made the Department of Justices hold departure order (HDO) meaningless.

But Leila de Lima ignored the TRO and barred the Arroyo couple from leaving the country, despite the fact that there were at that time, no charges filed, and no arrest warrant issued by the courts against the former president, Gloria Arroyo.

In his speech, Noynoy questioned the speed by which the high court granted the TRO on the executive branchs travel ban on Gloria. He also pointed to the SCs reversal on the issue of declaring Dinagat Island as a separate province, saying this has now affected the delivery of basic services.

Noynoy was quoted as saying: In these cases, did the SC follow its own precedents and rules? Is it then not fair of us to wonder whether objectivity has given way to partisanship? Is it then not fair of us to express concern at the direction the SC has taken?

The way Noynoy speaks, it is as if he follows the rules and procedures strictly, when he does not do so at all, as shown by the manner with which he and his Justice Secretary, along with his Commission on Elections (Comelec), railroaded the preliminary investigation as well as the Comelecs rushed and railroaded complaint that was quickly agreed upon by poll officials in record speed, then sent to the Pasay City Regional Trial Court that then, in really record speed of two hours, raffled the case against Gloria and issued an arrest warrant. That is not normal procedure or precedents at all. That is vindictiveness, not justice.

Why hasnt Noynoy questioned himself on this unfair treatment of his foe an act of the executive? This rushed lodging of complaint and the arrest warrant issuance certainly do not follow the usual procedure, and everybody knows that this charge was rushed, precisely because months before, Noynoy had already announced to media that Gloria would be in jail by November and a strong case with strong evidence were not possible.

Noynoy questions the speed with which he claims the SC issued a TRO against Leila de Limas HDO while not questioning the speed with which he railroaded the charges.

Noynoy is a legal ignoramus but worse, he has this penchant of interpreting the law as he wishes, not as the SC or the law says.

He still refuses to accept the fact that it is the SC that is the sole interpreter of the law, right or wrong. Besides which, a TRO is usually granted ex parte, precisely for the petitioner to obtain temporary relief.

The rules also allow for just one justice to issue a TRO, if he so chooses, which will then be either upheld or rejected by an en banc.

In this particular case of the TRO on Gloria, it was issued, not on the same day, but in an en banc session, where the majority of the justices voted to grant the TRO, which was anyway ignored by the executive branch and that is pure disrespect for the SC and the law.

As Noynoys speech again was hitting out at the high court, a bit of damage control was being done by the Palace, albeit unsuccessfully, as his Lady Gaga claimed that Noynoy was merely voicing out questions that needed to be asked and that he said should not be seen as a form of disrespect to the High Court.

The fact that they are co-equal bodies does not prevent the Chief Executive from voicing out questions that need to be asked. I dont agree that he spoke ill of them (SC). It was really more of a factual recitation of what had happened in those cases, Valte said.

Injecting partisanship into the SC decision is merely voicing out questions? Who is she trying to kid? That was a continued campaign Noynoy was working on to destroy the SC.

If he wants to find out why such a development occurred on this specific issue, he should not be voicing out these questions to the Makati businessmen. He should start asking his Justice chief and his legal team in Malacaang to explain to him that the Law is what the high court says it is, right or wrong, and that Noynoy, as the Chief Executive, should be implementing the the law, not disrespecting it.

Its so simple. Why cant Noynoy, and even his lawyers, get it?

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