Of course Inquirer.net ‘columnist’ Conrado “Noynoy-is-Aragon” de Quiros would first have to cite (yet again!) how the Philippines’ Supreme Court (SC) is (1) made up of appointees of former president Gloria Macapagal-Arroyo and, as such, (2) the “timing” of the SC order to parcel out the Aquino feudal feif Hacienda Luisita to its tenant farmers.
Getting that “speculation” (his own words) out of the way to set the scene for the grudging kudos he gives to the High Court for the move, the Aquino Family Bagpipe Player manages to cap his recent pained piece on the Inquirer.net with this…
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The lesson is clear: You donâ€™t have to be completely sinless to cast the first stone, but it helps to have not too many of them. Hacienda Luisita is a little too many of them. P-Noy says his family should bow down to the Courtâ€™s ruling. Itâ€™s just as well. Now, he can say:
Letâ€™s get back to business.
Nice try gramps.
The scene of Nazi monster Amon Goeth (played by the dashing Ralph Fiennes) conflicted by his lust for a young Jewish girl in the film Schindler’s List comes to mind.
That is the whole trouble with people who, rather than basing their “political analyses” on what is readily-evident at face value (i.e. the legal facts of SC rulings), instead spread their feeble minds thin into the speculative. They end up having to get down on their hands and knees to lick off the milk they spilt on the floor.
Whatever the case, it is in the past and it is speculative. As eminent lawyer Ramon C. Casano articulated…
Constitutionality is always presumed, and there is a tenet, corollary to this presumption of constitutionality, that enjoins the courts to avoid the question of constitutionality if it is possible to dispose of a case based on some other issues or considerations.
In Arroyoâ€™s petition the presumption of constitutionality holds; the petitionerâ€™s dirty hands bar her from controverting this presumption, and limits her to the protection against grave abuse of discretion and arbitrary exercise of state authority. When a real party in interest brings the issue of constitutionality in another controversy, that is the time the Court should examine the validity of DOJ Circular 41.
In plain english:
An act is presumed legal until someone comes along with the brains to spot what is amiss, the conviction to investigate it, and the resources to progress the case through due process.
Perhaps Filipinos lacked the brains, the conviction, and the resources to pursue Arroyo back when she put in place all the measures that bozos like de Quiros are screaming about today. But the thing with Lady Reality is that she is usually quite succinct when responding to such tantrums:
Who says life is fair? Missed opportunities are just that: missed and lost forever.
benign0 is the Webmaster of GetRealPhilippines.com.