Senator Cayetano is correct that the DAP decision shows how the balance of powers in a democracy work. The executive and legislative branches has first crack at any policy issue and in interpreting the Constitution but they can make mistakes and that is why we have a Supreme Court - to tell the other branches when they are mistaken. And the other branches should now just accept that and move on, thankful that they now have guidance from the highest court, advice that would not be given until there was an actual case or controversy. This is why it is wrong to call for impeachment against the president or filing of criminal charges against Sec. Abad on the basis solely of their commission of unconstitutional acts. In the review my legal research team made of the dozens of laws and presidential acts declared unconstitutional by the Supreme Court, not a single official was impeached, charged, or resigned for those acts. The reason is obvious - if we go around charging officials for making mistakes in the performance of their duties, soon everything will grind to a halt and paralysis will ensure. One caveat about my comment regarding the fact that no official has ever been impeached, charged, or have resigned because of unconstitutional acts: the standard of accountability is so much higher now than before, thanks among others because of the rhetoric of daang matuwid. My sense is that people are more vigilant now and demanding of their officials. And demand consistency from those who have preached good governance and reform.
Posted on: Sun, 06 Jul 2014 06:43:01 +0000
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