Monday, October 22, 2018

JUDGES WHO LIVE IN THE GREY TWILIGHT THAT KNOWS NOT VICTORY NOR DEFEAT

The hottest places in hell are reserved for those who, in times of great moral crisis, maintain their neutrality.

I doubt if Judge Andres Soriano sought ample and deft legal research and advice before he undertook his moves that are currently herding the polity to the boiling point.

Consider this; Judge Soriano has declared Proc. 572 of PDU30 as valid and effective which rendered the Amnesty granted by Pnoy in favor of Trillanes as void ab initio, and without any force and effect from the very beginning. If that is so, Judge Soriano cannot escape the corresponding effect of Proc. 572 that whatever that has occurred and transpired from the issuance of the Pnoy Amnesty to Trillanes, particularly the dismissal of the coup d’etat case against him is also inescapably void ab initio and without any force and effect. It is as if the dismissal has not been granted from the very beginning that it is as if there has never been a dismissal of the coup d’etat case at all.

Necessarily, the order of Judge Soriano is absolutely incorrect that Trillanes cannot be arrested because the dismissal of the coup d’etat case against Trillanes by the former Judge of the Makati RTC 148 has become final and executory. How could it become final and executory when the dismissal was due to the Amnesty issued by Pnoy, and therefore, was without any force and effect? Remember the principle- the fruit of a poisonous tree is also poison. Otherwise, it would be the height of contradiction from his declaration that Proc. 572 of PDU30 is valid and binding. The insistence of Judge Soriano to contradict his own decision or order is tantamount to IGNORANCE OF THE LAW and it is as if he did not understand what he is doing. His posture is likened to something that says you can eat the egg provided you must not break the shell.

You know, as a Judge of a court, which I was once was and had been for 26 years, you ought to make your decision as right as it is correct in every possible way as it can be because that decision will be seen across everyone’s eyes and interpreted in the minds that lay their understanding upon it and recorded in their history books. We hasten to caution all Judges deciding different issues, conflicts, and controversies on whose shoulders rest the onerous responsibilities to sanitize the judicial system to approach their duties with tact and in strict adherence to the extant laws.

The interest of the public, by and large, must be of paramount importance when deciding whatever measures deemed expedient to rein in the excesses of erring individuals with the ultimate aim of salvaging the entire system. Acting otherwise will further erode the already shattered trust that the public already accentuated over the courts in general.



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