Former senator Joker Arroyo. INQUIRER.net FILE PHOTO
MANILA, Philippines — President Benigno Aquino had practically declared a “state of war” when he openly attacked the Supreme Court in a televised address Monday, former Senator Joker Arroyo said on Tuesday.
“What if the SC does not reconsider its 13-0 unanimous decision on DAP? What will the President do?” Arroyo asked in a statement sent to reporters, referring to the Supreme Court’s decision, declaring parts of the Disbursement Acceleration Program (DAP) unconstitutional.
“That is the overriding question. After all, he had practically declared a state of war with the High court in a conflict of high and emotional drama beamed nationwide,” he said.
The former senator also exposed an alleged attempt by the Aquino administration “to discredit the judiciary and render it impotent, subjugate further Congress, and make the President supreme.”
Arroyo specifically noted how the administration “took pains to establish a massive encirclement attack on the high court.”
“Congress has threatened to eliminate the Judicial Development Fund (JDF) of the SC to impair its constitutionally guaranteed fiscal autonomy. The Commission on Audit (COA) has published the individual justices earnings to embarrass them. The Bureau of Internal Revenue (BIR) recently issued a memorandum order designed to tax a hitherto untaxable additional income of employees of the judiciary from the JDF,” he said.
“On the other hand, the potent weapon of the SC is its assigned duty vested by the Constitution to adjudge, among others, the constitutionality of acts or measures including those of the President.”
While the President did not question that power of the Supreme Court, Arroyo said, Aquino questioned the Justices’ collective capacity and integrity to exercise that power.
“Such presidential stance undermines the SC. If the President expresses lack of faith in the Supreme Court, who will? It has no armed forces to protect itself, or the police to enforce its judgment,” said the former senator.
“Is the President saying that if the High Court turns down the government’s motion for reconsideration, the government will not comply with the original decision?” he asked.
Making such threat, Arriyo said, would “dismantle the balance of power” under the Constitution which is anchored on the co-equality of the three branches – the executive, the legislative and the judiciary.
“As the picture looks presently, the President’s policy is to discredit the judiciary and render it impotent, subjugate further Congress, and make the President supreme. Yet by his oath of office the President is duty bound to preserve and defend the Constitution,” he said.
“Goodbye Constitution. Hurrah to Presidential autocracy,” Arroyo added.
Meanwhile, Senator Nancy Binay hopes that the DAP issue would not lead to a fight between the Executive and the Judiciary, which she said the President himself hinted when he addressed the nation to explain the program.
“It is the Executive’s role to implement the law, and the Judiciary’s to interpret the law. Somehow I get the feeling the President may have confused the roles of the co-equal branches,” Binay said in a separate statement.
“The Supreme Court has ruled unanimously on the Disbursement Acceleration Program (DAP). It should be looked at as just work, nothing personal,” she said.
But the senator noted that the on the same day the President delivered his speech on DAP, the Commission on Audit (COA) released its report to the media, questioning how the high tribunal spent its own savings.
“I hope this is not in retaliation for the DAP decision because if that is the case, the move can be seen as petty and vindictive. And it would be inevitable to ask: Who now is taking things personally?” Binay said.
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