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MANILA, Philippines – Without his immunity, President Benigno Aquino III committed a contemptuous act for assaulting the dignity of the Supreme Court, lawyer Vicente Joyas, President of the Integrated Bar of the Philippines (IBP) said Wednesday.
Aquino, in his recent speech, said the Supreme Court has engaged twice on acts it has declared unconstitutional in its decision declaring parts of the Disbursement Acceleration Program (DAP) illegal.
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The President, in a separate statement early this month, said that the Supreme Court should grant the government appeal and warned of a possible clash between the Executive and the Judiciary to a point where the third branch would have to mediate.
“What the President has said must be in the exercise of his freedom of speech. But what is alarming in the statement of the President is he is sort of threatening the Supreme Court…In clear and simple language, what he is going to or thinking about is impeaching the justices of the Supreme Court,” Joyas said.
“It just so happens that he is the President. If not, [what he said] can be the subject of contemptuous proceedings. That is indirect contempt,” Joyas said during the DAP Forum at the IBP Building in Ortigas. IBP is a mandatory organization of lawyers established under Republic Act 6397.
University of the Philippines Law Professor Harry Roque agrees with Joyas that Aquino is threatening the Supreme Court.
With the threats, Roque said Aquino is hoping to sway the high court into reversing its decision against DAP. However, he said, a contempt petition should be studied.
The high court opted to keep silent on Aquino’s tirades.
Bayan Muna Representative Neri Colmenares said the high court’s attitude on Aquino’s speech is proper but admitted the impropriety of the President’s statement.
Like Joyas, both Roque and Colmenares acknowledged the President’s immunity from suit.
Joyas said the IBP Board of Governors will have a meeting on Thursday to discuss the possibility of filing a motion to declare the President in contempt of court.
“But of course we have to consider the immunity of the President, that is why we are referring that matter to our legal panel,” Joyas said.
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