24 March 2010

Right or Wrong, the SC is always Right

The following are taken from Emil Jurado’s Column.


Emil Jurado says “Those who condemn the Supreme Court for its 9-1-3 ruling—that says President Arroyo can appoint the next chief justice and mandates the Judicial and Bar Council to submit its list of nominees—bellyache and gnash their teeth saying that the High Court must follow the Constitution, not interpret it.

What these elements can’t understand is that right or wrong, the Supreme Court is always right.

The majority interpreted the ban not to include the Judiciary. Article VIII of the Constitution also mandates that the President must name Supreme Court justices from a shortlist within 90 days from the vacancy. It said that the mandate was precisely under the Judiciary, not under the Executive. If the framers of the 1987 Charter wished the ban to apply to the judiciary, the mandate of appointment within 90 days would not have been under Article VIII.

Since it’s the mandate of the Supreme Court to interpret the Constitution or resolve constitutional issues, that’s what the High Court precisely did. I may have my own thoughts about this, but as I said, right or wrong, the Supreme Court is always right.”

1 comment:

Jag said...

for whatever it is, SC is still powerful...