posted by Marc Losoa:SC vs DOJ, who was right? Was SC ruling on TRO justified and that the DOJ blocking Arroyos were illegitimate or was it not? Discuss.
my comment:
Okay here's my two cents here. Let's assume that GMA wants to run away from the country and leave for good.
Had the government done their job in filing the case and bringing it to the court immediately, all these hullabaloos will not be happening. What PNOY and his minions did is that they spend so much time appearing in the television in hopes that the people might perceive them working when actually they did not. What we witnessed the past few days is PANIC. Panic because they were outwitted by the Arroyo's.
Arroyo has the finest in her battery of lawyers, PR people etc. They know what they are doing and they know how to make lusot by using technicalities. On the other hand, we have a government of grandstanders acting out like they are in the Pinoy Big Brother House. We have grandstanders in the House of the Representatives and Ping Lacson in the Senate. Further, the communications group are making things worse!
This is not about Arroyo anymore-- this is about how the government wiling to transgress the power of the Judiciary just to cover up its inadequacies.
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As a non-lawyer, I can only say something based on my limited understanding of the Constitution. As I understand it, when Supreme Court says something, it must have been done as they dictate how a law should be interpreted. What the Secretary of Justice did is an obvious transgression of the principle of Separation of Powers. The Constitution says-- I just don't know what specific provision it is-- that in such cases, the DOJ's hold departure order will be deemed null and void and the SC's TRO will prevail.
With all the testicle-betting and the I'll-have-my-head-chopped-off happening now between the two camps, a Constitutional Crisis might come in (or has it happening right now?). The only question right now is, What kind of government we have?
though it is true that the separation of powers must be observed, the check and balance for each branch should be well observed too.
ReplyDeleteYeah, I am all for the check and balances thingy but then again, we want the three branches respect the process because the process is what guides us. The end doesn't justify the mean and the Executive's action are all motivated by either panic or procrastination.
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