It was
announced on the TV News last night the IBP allegedly made a stand regarding
the issue whether or not the signing of the amnesty of Sen. Trillanes by former
Secretary of Defense Voltaire Gazmin instead of former Pres. Pnoy was valid.
According to the IBP concerned, it was valid because if a president can
delegate his power in the signing of foreign treaties, it can also delegate his
power in the granting of Amnesty.
In the decisions of the Supreme Court in the cases of VAN D.
LUSPO vs. PEOPLE OF THE PHILIPPINES, G.R. No. 188487, February 14, 2011; SUPT.
ARTURO H. MONTANO and MARGARITA TUGAOEN vs. PEOPLE OF THE PHILIPPINES, G.R. No.
188541, February 14, 2011, and C/INSP. SALVADOR C. DURAN, SR. vs. PEOPLE OF THE
PHILIPPINES, G.R. No. 188556, February 14, 2011, it consistently and
continuously ruled as follows:
Public officers exercise
discretionary and/or ministerial duties. A duty is discretionary if the officer
is allowed to determine how and when it is to be performed and to decide this
matter one way or the other and be right either way. This duty cannot be
delegated xxx xxx xxx.
On the other
hand, a ministerial duty is one that requires neither the exercise of official
discretion nor judgment. It connotes an act wherein nothing is left to the
discretion of the person executing it. It is practically a mechanical act;
hence, it can be delegated to others.
Pursuant
thereto, the granting of Amnesty is a discretionary duty of a President of the
Republic and cannot be delegated because it is something where he has a
discretion one way or the other to grant it or not. Consequently, the IBP
concerned is absolutely wrong.
Looking at
the present instance with an absolutely objective eye, it is paradoxical and is
revolting to conscience that people trained to interpret the law are sowing
confusion to the public on something so basic and fundamental to the detriment
of their reputation and their profession especially where it is one’s
profession and honor that hang in the balance. The sad thing is, they were not fooling
anyone at all. They only ended up making a fool out of themselves in the
process.
No comments:
Post a Comment