How Raissa Robles further highlights the small-mindedness of PNoy’s war against the Supreme Court @raissawriter

After reading ABS-CBN reporter Raissa Robles’s monumental quibble over the letters of the Law surrounding President Benigno “Noynoy” Aquino III’s national beef with Supreme Court Chief Justice Renato Corona, I must say, I simply have to give her a salute. I salute her because despite her own admission that the notion of the Rule of Law gives her the shivers, she really did quite a bit of research on the matter. Indeed, commenters on her blog couldn’t stop gushing about the extent of her “research” — though most of them stop short of pointing out what specifically about her research they are singing praises about.

Much of the article was about the Supreme Court’s evvvviiiiillll track record of cleverly stretching its interpretation of the Law during the regime of former President Ferdinand Marcos in order to further the strongman’s agenda. In Robles’s words, “once upon a time, the SC invoked THE RULE OF LAW to perpetuate a repressive regime” which is the foundation upon which she nurses her very personal pathological cringe over the notion of the Rule of Law.

Hey, fine. So Ms Raissa Robles does not like The Rule of Law — which, I suppose, makes her deep-dive foray into the subject of The Law in her article all the more remarkable. If she wants to be an intellectual masochist about it, then we may as well enjoy the read.

But the interesting part of her article is not about the SC’s track record during the Marcos regime. Using the SC under Marcos as a “context” for evaluating today’s head-on between Noynoy and Corona is an Apples-to-Oranges exercise at best. Non sequitur. Does not follow.

So let’s ignore that part of the piece (with sincere consideration for the painful time Robles must have spent “researching” that chunk) and check out the epicentre of Robles’s argument which I itemo-paraphrase into a handful of easy-to-read points (so that at least I make it easy for my commenters to be a bit more specific when they raise a toast to the brilliance of this article).

Robles points out that…

(1) The Constitution is quite specific about the timeframe of and circumstances surrounding any late-term appointments by a President or Acting President; however,

(2) It also specifically stipulates that this guideline covers appointments to executive positions; which means that,

(3) That clause is silent on “appointments to judicial positions.”

Having established that there was a gaping loophole, Robles then expresses a lament over the lack in the national charter of a similar clause that outright stipulates the same thing referring specifically to judicial positions — a gap she reports was highlighted by Justice Lucas Bersamin, who “penned the decision favoring Arroyo’s interpretation.”

Amazingly (understandably miffed by the above stroke of genius interpretation on Bersamin’s part), Robles finds herself (perhaps after an equally monumental effort to trawl the entire text of the Constitution) a snippet that she uses to make what she herself describes as an “absurd” case that Arroyo was an “illegitimate President” to begin with — the fourth point she makes:

(4) Using Bersamin’s approach to interpreting the law, we can argue Arroyo’s illegibility to be President by virtue of “Section 2” which states that “No person may be elected President unless he is a natural-born citizen of the Philippines” [Robles’s boldface]; on grounds that the Law is silent on females (because only a “he” is stipulated in the text).

Robles is, in effect, throwing a tantrum. And she is crying out this rhetorical question: How come the SC can rule one way on account of one loophole in the Law, but ignore a similar gap in another section of the Constitution?

The answer to that question is quite simple:

Because the Supreme Court is the Supreme Court.

The job of the SC is to make a ruling on the Law. And it can consider a case brought to its attention by all Filipino citizens, including those who serve the Executive and Legislative branches.

Ms Raissa Robles (perhaps funded by Malacañang) could file a case with the aim to void the entire presidency of Arroyo just to make her point. She should do so. After all, she found a clause in the Constitution that provides the foundation for such a case.

That is the procedure, Ms Robles. The Law Rules. So invoking that clause is a real option, just like the option to exercise the silence of the Law on appointments to the judicial positions was taken by Bersamin. But, see, Bersamin is a Justice in the SC. Perhaps, again as Robles herself admits, if she weren’t “just” an English major and was instead a “far wiser” justice of the SC, then she would have access to that option too.

Tough luck, Ms Robles. As John Mason (played by the venerable Sean Connery) quipped in the excellent movie The Rock

Losers always whine about [doing] their best. Winners go home and f**k the prom queen.

As to Robles’s exposé on the salary the Chief Justice’s wife earned as president of John Hay Management Corporation as well as her being an “Arroyo” appointee to that job which she adds in closing her article, I fail to see how this is related to the context she frames and the points she makes in her article. Then again, her bringing it up follows the same style of appeal-to-indignation-by-litany-of-disjoint-examples that characterises Noynoy’s speeches. It figures, doesn’t it?

But hey, Robles says that last “interesting” factoid was just something she just “stumbled” upon. Fair enough. I’m not about to speculate on whether this was indeed something she merely “stumbled” upon or really the result of sleepless nights spent on the Net (or phoning her informants) digging up dirt on the Chief Justice. Robles is a “reporter” after all.

Any schmoe can dig up “facts.” But what separates the men from the boys is the ability to connect the dots that represent those “facts” to form a truly insightful picture of what is real.

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Post Author: benign0

benign0 is the Webmaster of GetRealPhilippines.com.

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30 Comments on "How Raissa Robles further highlights the small-mindedness of PNoy’s war against the Supreme Court @raissawriter"

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Der Fuhrer
Guest

Raissa Robles is not a member of the Philippine Bar. In short, she is not a lawyer. Even if she was… The fact that she has taken upon herself to interpret the law for her own convenience shows her echoing the same thing that BadNoy is doing in also interpreting the law for his own politically expedient agenda.

The RULE OF LAW makes her shiver? Perhaps she prefers The RULE OF BadNOy! This would mean siberian winter for our democracy!

She forgot to state it in its entirety… For ours is a rule of law and not of men!

Jet Hernandez
Guest
Abnoy and company has been bantering about this issue of Corona’s appointment even before he’s assumed office. To express his abnoyan disgust, he’s even done away with protocol and tradition by snubbing Corona. Sabi din nya he’ll assume office before a barangay captain. If their first order of business is to incarcerate Gloria and boot out Corona… they should have done that eons ago. So why only now? They are making these noises louder because: 1. the noises in the stomach of the indios are clamoring for food on the table; 2. their cry to eliminate corruption and their “daang… Read more »
Hyden Toro
Guest

These demolition team of the Chief YellowTard, Noynoy Aquino , are working overtime; to find loopholes in the interpretation of the law. Just to overturn the ruling of Noynoy Aquino’s Hacienda Luisita…they are paid well by your tax money – the multi-billion pesos Pork Barrel Fund of Noynoy Aquino…
As I wrote earlier; the Hacienda Luisita is the part that is very vulnerable in Noynoy Aquino’s Armor…He has no defense on his Greediness and Exploitation, including the massacre of his tenant/serfs, using goverment soldiers on this evil deed…

PedroMakabayan
Guest

May be someone should ask yellow tards Raissa Robles why she is licking Noynoy’s balls?Does she likes impotent balls??. If and when we finally get the right leader elected,he/she should start throwing people like Raissa into an island on a far away planet!! She’s a Disgrace to civilized and sane society!!She sucking balls and doesn’t even have reasons to do so except for her insanity!!

roi
Guest

Sorry guys, but I think Raissa Robles is correct when she cited the provision in the Constitution as basis for concluding GMA as an illigitimate president.

On the same ground however, let it be known that Cory Aquino (sumalangit nawa)was also the first, the original and indisputable illigitimate president.

End of debate!

Der Fuhrer
Guest
Heil Der nutzi Fuhrer BadNoy! He is the nutzi law of the land! He has no LLB degree! He can only make opinions and interpretations in his favor! His great nutzi genius interprets the law and attacks the pro-democracy Supreme Court with his new found power of convoluted reasoning with no legal basis! What kind of example is he setting for -the improved society-? So far it has become fashionable for the nutzi master yellow race and its nutzi support elements to promote a culture of pre-judgement(guilty without trial), cruelty, hatred, revulsion and ridicule against perceived enemies in personalities and… Read more »
Der Fuhrer
Guest

@benignO

Raissa should also be bright enough to know that women’s right to suffrage carries with it the right to be elected to public office. Hence, we have women as president, senator, congresswoman, governor, mayor and barangay head.

Perhaps Raissa desires to be submissive to BadNoy like a good puppy dog and does not believe in Women’s Rights.

The BadNoy perceived “midnight” appointment of CJ Corona is already a settled issue.

Trosp
Guest

A great post benign0.

Peste
Guest

If a Supreme Court Justice is already pointing out that the law is inadequate for them to render a certain decision, wouldn’t it be time to do the necessary legislative work? I guess that’s too much hard work.

charles e. montez
Guest

Raissa Robles is just one othe many yellow tards, lagi nilang ipinagtangol si copper ngoyngoy. pity for us to have such kind of pres.

soldout
Guest

normally with a story like impeachment raissa robles would be quicker to her keyboard than a rat down a drainpipe – but now that she is on the abs-cbn payroll as contributor her silence – whether one sees that as good or bad – is illuminating.
another payrise and maybe she will be toeing the party line without question or even research, which is her forte.
buying silence can work also

Domingo Arong
Guest
BeningO To Raissa, as regards decisions of the Supreme Court: “There is no doubt that if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final.”—Justice Robert H. Jackson, concurring, Brown v. Allen (1953) As regards the “rule of law” (again from Justice Jackson): “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to… Read more »
Anti-Yellow Guy
Guest

How stupid. Even from a grammatical point of view, “executive” is very different from “judicial,” while the use of “he” as a third-person referent is the same as “she” or “he or she” or even “they”, if Robles wants to flaunt her bachelor’s degree in English.