According to PNoy: Supreme Court is wrong, #DAP is right

In essence, what Philippine President Benigno Simeon ‘BS’ Aquino III said in his address to the public today on the issue of the fiasco surrounding the now-illegal Disbursement Acceleration Program (DAP) consists of two key messages:

(1) The DAP was used in good faith; and,

(2) The Philippine Supreme Court was wrong to rule it ‘unconstitutional’.

noynoy_aquinoTo make the notion of ‘good faith’ accessible to a bigger swath of his audience, President BS Aquino used a purported text message sent to him earlier in which the use of the DAP was likened to how one might decide to park on a No Parking zone to assist someone in need of emergency help. BS Aquino would like us to believe that this scenario presents us with a clear either-or situation. Get away with breaking the law to attend to an emergency or ignore an emergency to comply with the law.

The fact is, that scenario really is not strictly either-or as you can actually do both. To that supposed conundrum, the resolution is quite simple…

Go ahead and help the guy in need, then pay the fine if you get issued a parking ticket.

Note that the Big Assumption there, however, is that a person was actually helped by that hypothetical illegal parker.

Nonetheless, good intentions are like assholes. Everyone’s got them. Mass murders have been committed and wars started because some bozo thought that he or she was doing the human race a great favour. That is why we have courts and justice systems. You need a coherent framework to provide perspective that third parties can use to objectively evaluate the goodness or badness of your actions. Without that mechanism, everyone would have license to shoot anyone they personally deem not worthy of their place under the sky.

Then again, that sort of sounds like the sort of thing that happens in societies like the Philippines, doesn’t it? Go figure.

Just the same, as President of the Philippines, BS Aquino should serve as the exemplar of subjection to the rule of Law. And the Supreme Court has the final word when it comes to interpreting that law. Aquino knows that perfectly well. He wouldn’t have spent megabucks to fund the impeachment of former Chief Justice Renato Corona in 2012 if he did not recognise the power wielded by a judge’s words and the finality the bang of a gavel puts in these.

Unfortunately, the message he brought across in his address to the public today was tantamount to an insult on the Filipinos’ intelligence and a flick of the bird to the SC. He even repeated the same flawed take on the fiscal position of the Philippines he articulated in his first State of the Nation Address in 2010 (the historical details of which I repackaged for the occasion this morning).

What a guy.

This is the man Filipinos selected to be their leader in a colossal collective lapse in judgement. But that’s water under the bridge. The question now is what happens next. President BS Aquino said his government will be seeking Congressional support in appealing (possibly overturning) the SC ruling. How he’s going to do that now that there is no more pork or DAP to dangle in front of greedy snouts will be an interesting puzzle to ponder while we wait for the next episode in this teleserye.

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48 Comments on “According to PNoy: Supreme Court is wrong, #DAP is right”

  1. Everytime I read one of your posts, I not only get more angry about that retard, but my stomach wants to turn looking at his idiotic face.

    So may I suggest you use the picture of a coconut instead? It would be obvious who you are talking about and since both have just about the same IQ it would be more than suitable and easier on my stomach. Thanking you in advance, I remain your humble fan

    Sincerely,

    Slippery Jim

    1. Sad to say, mas marami pang gamit ang coconut kesa sa Presidente natin. Nakakatulong ang coconut sa export industry samantalang si Noynoy ay nakakatulong sa mga kamag-anak niya na magpayaman. Hindi na ako magtataka kung isang araw ay may magtangka sa buhay nitong si Ngoyngoy sa inis ng taumbayan sa kabobohan niya.

      1. Malakas ang loob ni Pnoy dahil backer niya ang congress at gamit niya ang loophole sa constitution ni cory.

  2. “President BS Aquino said his government will be seeking Congressional support in appealing (possibly overturning) the SC ruling.”

    Probably something I wasn’t paying attention to back in school…

    So despite the SC having the final say in the interpretation of the law, their ruling can potentially be overturned by the legistative (with the coaxing of the executive) branch?

    1. The execute and legeslative bodies need to work together to “legitimize” DAP. However, i think Philippines’ SC’s ruling is final.

  3. Bobo ka talaga Noynoy, sinayang mo lang ang pera ng taumbayan sa airtime kanina para magpaliwanag na walang saysay. Kung mali ang Supreme Court sa desisyon nila, pumunta ka sa North Korea at baka magkasundo pa kayo ni Kim Jong Un. Halatang ayaw mong napagsasabihan ka ng mas marunong sayo.

    Anarkiya ang gusto ng tarantadong presidente natin. Gawin mo na lang ang trabaho mo BS dahil tuwing nagsasalita ka lalo mo lang pinapakita na mahina ang ulo mo.

    1. Hindi ke pinoy galing, sa mga ahas na sendor at mga kaalyado niya sa kurakot. Si Pinoy ay dinidiktahan lang ,parang dummy president

  4. Isn’t there a saying that “the road to hell is paved with good intentions”? Now in the Philippines it’s paved with “good faith”. Speaking of ‘hell’, the late Pres. MLQ is surely getting his wish.

    AbNoy would park in a No Parking area not to help truly hapless persons, but to bribe cohorts into destroying enemies including a SC Chief Justice. But, of course, it’s all done in “good faith.”

    Now if you’ve been issued a ticket for violating a No Parking rule, you just go to the President and let him either pay for it or have the issuer fired. Just tell him that you did everything in “good faith”. I guess it’s ok to break the law, especially the constitution as long as you can claim to have “good faith”. BTW, where’s my shotgun?—I assure you it’s all in “good faith”.

    1. To sum it up:

      “The straight path to hell is paved, swiped cleaned and ornamented with good faith.”

      DAANG MATUWID, DERE-DERTSO SA BANGIN. *cue Lagim by Siakol*

  5. By watching him and grasping all what he said this night it’s not hard to tell that our President is a horse shit. And who ever wrote his speech, I may say more research kid; it’s not because you came from the same school, you need to lick his ASS. How the hell can a President like BS PNoy lead our country who don’t possesses the attitude of being a leader? that knows how to follow rule, knows how to listen to the people and knows how to respect law! OMG, we are going down to the pit definitely once his term ended in 2016.

  6. Pnoy is a destroyer.

    He has castrated the legislature of its power of the purse. He has decapitated the judiciary with the help of bribes and favors. He has infested the executive branch with cronies and yes men. He has polluted the minds of the public with his PR obsession.

    What’s next? How much more damage can he cause to our institutions?

  7. Stealing Billions of Pesos, is not like violating a “No Parking” ordinance. Swindling the Filipino taxpayers’ money; like swindling to own the Hacienda Luisita are much more different.

    Show us where you spent the money. Show us the movements of the DAP Funds. Where you spent them. We need good concerned citizens, with good knowledge in Accounting and Auditing to Audit these expenses. To see is to believe…

    Aquino is not even a Lawyer…and he tells us the SC decision is wrong; and he is right.

    Puro dakdak na ang tarantado…dahil nahuli na siyang nagnanakaw, kasama ni Abad…

  8. it is no secret that Aquino has alleged “enemies” in the SC. The court was illegally stacked with GMA appointee’s in violation of the Philippine Constitution. When on her way out of office GMA was supposedly not allowed to appoint a SC justice within a certain time frame(90 days is it?) before leaving office….but she did.

    Now that was just GMA’s way of protecting her own self-interests and as a way of leveraging her ‘alleged’ fued with the incoming yellow-shirts.(“Hey was someone pissing on your shirt today?”).

    This is all a smoke screen. When was the last time anyone actually saw GMA in her room at the hospital at 3A.M.? or even during the day? OR how bout the Amputuans? Are they even in their jail-cells? 5 years after slaughtering 50+ people they are yet to even stand trial and may not even be in their cells? (Recent sightings in Hong Kong suggest the are not in their cells.)

    The authors referrence to ‘teleserye’ is pretty spot on. For all the horse dung that is going to be coming down the ‘pike it will be all for naught. Nothing of any substance will be done to anyone.Yeah, maybe Aquino will be the next Filipino politician to go to jail or be impeached but the fact is: IT WILL NOT MATTER ONE BIT. No, in fact the guy will lose nothing but a li’l ‘face’.HA, Filipino politicians ,unlike their fellow countrymen, care nothing about losing ‘face’ and only care about one thing=MONEY, and getting more of it!

    What a shit-hole mess of a government(and by unfortunate extension country). Good luck prosecuting any of them.

    E-RAP is a convicted FELON…and was recently elected MAYOR of Manila! Do the math folks….the writings on the wall…..the more things change the more they stay the same.

    BET ON IT.

  9. There is nothing wrong about PNOY asking the SC to reconsider its previous ruling on the DAP. The decision was not written in granite. It can always be reversed. And if it is not, it does no affirm the principle that the SC is infallible. It can always eat back its words.

    Pinoys take to heart the precept that the SC interprets the constitution taking that great leap of faith in that classic case of Marbury v. Madison delivered by Chief Justice John Marshall of the Federal Supreme Court in 1803. But they failed to understand the nuances of that case. Though the Court declares that Marbury was entitled to his commission as justice of the peace, the court cannot order Madison to deliver the commission by writ of certiorari because the law that grants him the writ was unconstitutional.

    It was, as legal historians claim “converting a no-win situation to a win situation.” It was a case which affirms the authority of the court to say what the law is, but it is not within the court’s power to correct it. Admitting in fact that enforceability of its legal opinion is totally a different story.

    Marshall’s biographer, John Edward Smith put it in another light:

    “The legal precedent for judicial review, that unique American doctrine that permits the Supreme Court to declare acts of Congress and the executive unconstitutional, traces to the holding of Marbury v. Madison. Marshall did not say that the Supreme Court was the ultimate arbiter of the Constitution. He did not say that the authority to interpret the Constitution rested exclusively with the Court, and he certainly did not endorse the grandiose schemes that envisaged the Supreme Court as a board of review sitting in judgment on each act of Congress to determine its constitutionality. He simply stated that the Constitution was law, and that as a judicial matter, it could be interpreted by the Court in cases that came before it.” (John Marshall, Definer of A Nation, p. 323-34).

    Those who claim that the SC is infallible and it word is law, should revisit Thomas Jefferson thought on the matter and read Marbury v. Madison case again.

    1. @ JCC using Jefferson and the Marbury ruling to refute the Republic of the Philippines own SC ruling is absurd.

      and if it is true that Pinoys ‘take to heart that the SC interprets’ the Philippine constitution:Exactly where in the document is the SC granted that power?

      and you even take the horse shit further and quote Marshall’s biographer (who is inaccurate in the quote stated above!). What do you think the guy was going to say? Call the guy a liar? He was paid to paint Marshall in as flattering a light as possible. OMG!
      The biographer’s quote is such double-speak that it is completely in-correct in what it says(or actually doesn’t say)….and to assert that Filipino’s read Jefferson’s opinions on the matters concerning the USA’s SC is to assert that the Philippines is actually the USA…and clearly, it is not.

      BTW the case you sighted was not the case that wrested control of interpreting the U.S. constitution over to the SC from the U.S. Senate, it wasn’t.

      1. It is obvious that you haven’t read much of the court rulings except this DAP. If you read more you will find out that RP jurisprudence is 90 per cent borrowed from U.S rulings. You haven’t read Marshall nor his biographer, therefore you were talking horseshit yourself.

        The Marbury case is the epitome of judicial restraint, however. While we used the case to read “judicial review” as an inherent function of the Court, we did not take heed of the countervailing counsel that the court may not be able to enforce its legal opinion. CJ Marshall in a classic acrobatic act considered Marbury to have been injured by the non-delivery of his commission as a judge, but his petition does not provide him a legal remedy. We have the counterpart principle in contract law: “Damnum absque injuria.” The court in DAP could have simply dismissed the case for non-suit, Congress whose power of the purse had been allegedly arrogated by the President is not a party to the case. Or simply say its discretion in juggling the funds is a political question.

        Political crisis is never settled in court. court. It is settled by people who can command an army.

        1. @JCC LOL @ U, accuse me of what you do.

          Typical Flip.

          I know all about ‘Marbury’, and won’t bother to tell you what University I graduated from.Where did you graduate?State Penn.?IDC.

          I do not give one good shit what the RP Constitution says…and further, if it is based on the USA constitution then the one question I asked you(where does it state in the RP constitution that SC ‘interprets’ the document?) is aswered as I knew it to be(IT DOESN’T).
          if you do not want to answer a question, so what? but your accusations are as much an exercise in douchbaggery as that last paragraph is.You know nothing of the books I have read or the classes I have ACED.

    2. Wrong example. Marbury vs. Madison was about court technicalities, Noynoy’s stand is purely political and filled with personal interest. He is trying to discredit the Supreme Court just like what Al Capone is doing to the FBI during his time. A gangster with yellow ribbon.

        1. hehehehe…. the SC had long been discredited since the time of Marcos.

          Nothing is written in granite. SC decisions are often overturned based on exigencies. get real. u pretend to have so much knowledge and expertise, but you simply Marbury v. Madison as pure technicalities. You don’t know a bit. 🙂

        2. @JCC….about something that interests me only in passing, it is not all day I have to spend on my response to you.

          I made a singular point…ONE…and that is all.

  10. DAP was done in good[?] faith to support various government projects[??].

    Yet, he doesn’t (perhaps willingly) allocate fund for his various executive cabinets: health, social welfare, education, infrastructure, etc.

  11. Are we still a Colony or a Commonwealth of the U.S.A.? Legal precedence for the U.S. A.; is for the U.S. A. Legal precedence for the Republic of the Philippines is for the Republic of the P{hilippines.

  12. Noynoy might as well have said, ‘Believe my bullshit or not, I won’t budge an inch’. Ah ha ha. What a loser trying to bring along the Filipino people to Hell.

    1. Let’s see him not budge an inch the time the people and military will get fed up with his kangaroo administration. Like Cory, like BS. Both are worse presidents and deserve getting ousted by force.

  13. I’ll not be surprised if the whole or majority of the SC Justices will be impeached because Penoy is throwing a tantrum.

    The more Penoy goes LOOK AT MUH ACHIEVEMENTS BECAUSE OF DAP, the more people get pissed off. Even the masa and ignorant people are hurting and it might be a trigger to the end of his reign.

  14. Rhea Santos to Winnie Monsod:

    Rhea: Are you satistfied with his [Noynoy’s] explanation last night about his DAP

    Winnie: Yes, I am satisfied with his explanation

    Winnie: The supreme court didn’t say that DAP is unconstitutional, it even said that it is a good program.

    After watching the interview, I think Winnie should stop calling herself a professor and a political expert. Unless she is also under the payroll of Ngoyngoy? Just asking.

    1. I wasn’t satisfied by her obviously biased defense of Mr. Aquino’s half assed defense of the illegal DAP.
      It’s already clear to me that she’s also a yellow apologist.
      It’s a shame that she has been tainted by the yellow virus.

    2. The stupidity and irrationality of pnoy rubs on everybody around him. Monsod is a mere apologist of pnoy, just like leila de lima. What a shame.

  15. Please somebody out there… Please put that son of Cory to the test. Ask the Supreme Court to declare him in contempt of court! He tries hard to say that he is right in trying to make the court look bad. He dictates to the SC what he wants to be done.

  16. PNoy on DAP: ‘Hindi tayo lumabag sa batas’

    The President insists that the DAP is not unconstitutional despite the

    Supreme Court decision saying otherwise.

    Oh come on Pnoy!

    Don’t tell the justices of the Supreme Courts erred?

    They won’t become justices of the SC if they had not have the credentials

    to fit in the positions they are occupying now.

    They’d studied law and most of them excelled as cum laude from top law

    schools here and abroad.

    They are the final arbiter when it comes to the interpretation of the law.

    With the thirteen-zero vote as to the unconstitutionality of DAP is a slap on

    your face. And yet you insists on its legality?!

    Threatening the justices would just put you in deep sh-t.

    There is more to come once the investigation start.

    Tons and lots of scandalous fraudulent transaction under the illegal DAP

    committed in cahoots with your administration will be put to light.

    This scene is so appalling and revolting where the people would see that

    the very person they’d elected in the office of the president is the very

    person that had betrayed them!

    You have abused your authority and your impeachment is inevitable.

    Save your face!

    You must consider resignation because in the eyes of your boss you’d

    betrayed their trust.

    You’re FIRED!!!

  17. DAP is ok if you have processes and audit regulations in place and documented.

    Accountability, Trust and Integrity – these are the requirements for every government project. IF ONE IS MISSING CORRUPTION LOOMS. these are the people and things that needs to be present for every project to avoid CORRUPTION:
    1) Project Managers
    2) Project Engineers
    3) workers who will be in payroll 
    4) politicians involved in the project PUBLICLY NAMED
    5) admin and staff involved in the project
    6) cash disbursement record
    7) people signing off on every cash disbursement vouchers – should have at least 3 PUBLICLY NAMED
    8) transaction ledger of the whole project – complete bookkeeping
    9) Head accountant overseeing the whole expense report PUBLICLY NAMED.
    10) Auditing company for compliance 
    11) final signoff

    If all these people and procedures can be done then CORRUPTION can be avoided. IF NOT THEN IT WILL BE ANOTHER SCAM.

    1. Great list…

      What needs to be added is clear definition of responsibilities and accountabilities. Otherwise the endless finger pointing circus ensues.

      And independent auditors are the key, preferably from outside the country so it’s difficult to buy their influence. If records don’t exist… Jail time for the project accountants. Any other irregularity can be assigned to a specific position. Once again…. Jail time!

      Responsibility and accountability with clear and definite repercussions for failure are required.

      With

  18. everyday pnoy leaves a comment attack on the SC while his motion for reconsideration has been filed….. I know he truly feels he means well but i remember my nephew who was diagnosed semi autistic, when we try to stop him from doing something like sticking his finger inside the electric fan he yells and cries and shouts….

  19. iya diay gi discredit ang SC, so katong uban kaso sauna nga ni agi sa SC pwede diay to maover turn kay sayop man kaha ang SC coming from a non lawyer like this great dimwit of a President

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