Aquino warns SC against ‘judicial legislation’

“Look back at the controversial issues faced by the judiciary,” President Benigno Aquino III on Friday began his speech that both lauded and questioned the judicial branch of government.

Aquino was in Taguig City with Chief Justice Maria Lourdes Sereno and Supreme Court associate justices for the groundbreaking of the new SC complex.

After thanking the courts for the resolution of the murder case of the late Rep. Chito Bersamin and tackling the SC’s need to have its own complex, Aquino complained about delays in court proceedings and the high court’s supposed tendency to go beyond its mandate.

“Balikan ninyo ang mabibigat at kontrobersiyal na isyung kinaharap ng hudikatura, gaya ng mga panahong naging kataka-taka ang posisyon ng isa o iilang mahistrado, kung kailan biglang nagbago ang pananaw ng korte sa mahahalagang usapin, o tila nagkaroon ng judicial legislation (Look back at the controversial issues faced by the judiciary, like situations when the position of one or a few justices were puzzling, when the court’s decision about an important issue suddenly changed or there is so-called judicial legislation),” he said.

Judicial legislation refers to a court’s actions that involve filling in the gaps of laws or overstepping boundaries of the judicial branch of government. It means going beyond the law to create doctrines and principles not available previously.

Aquino has previously questioned decisions of the SC, including that of the now defunct Disbursement Acceleration Program (DAP).

He, at that time, warned of a clash between the executive and the judiciary because DAP was declared partly unconstitutional.

READ: Aquino warns SC of clash

Sereno later told media that SC justices had been discussing judicial legislation.

“In every en banc session we continue to debate on whether what we are doing is actually legislation or maybe it is still within the bounds of what we can do,” she said.

“It will redound to a question of what the final vote will be. So it’s an evolving thing but we are mindful of that need to maintain that line,” Sereno explained. Kristine Angeli Sabillo/RC