Noy wants judiciary powers clipped before term ends

MANILA, Philippines – President Aquino declared yesterday that the only thing that motivates him to push for amendments to the Constitution is to have the powers of the judiciary clipped, at least before he steps down in June 2016.

During the question and answer portion of the annual forum hosted by the Foreign Correspondents Association of the Philippines (Focap), Aquino repeated his plans of making the Supreme Court reminiscent to that of the late strongman Ferdinand Marcos.

“My main issue with the Constitution is the concept of judicial overreach. It’s kind of involved a discussion, if you want to hear it. That is the first priority for me,” the President said in answer to a question about his stand on Charter change.

“The direct answer to the question is there’s still an ongoing study precisely what to put in into the proposed constitutional amendment to strike a balance between the previous position of the Supreme Court during the martial law years,” Aquino added.

He said there has to be a “fine balance” between the powers of the executive and the judiciary which, according to him, is still subject of a study.

In late August, Aquino made it clear that he wants the judiciary’s review powers stopped.

He said there has to be a limit to the powers of the judiciary.

“The judicial reach, it should be subject to a review and limitations,” Aquino told veteran radio broadcaster Elmar Acol of Bombo Radyo Philippines during an interview in Malacañang.

Aquino, who has been very vocal about his displeasure over the high court’s unanimous decision striking down his Disbursement Acceleration Program (DAP) for its patent illegality, said this should be the focus when amendments are introduced to the Constitution.

Although there was no direct statement, there was nonetheless an implied or subliminal message that he wanted a judiciary not too meddlesome in the affairs of state, particularly if these involve political questions.

“What is the definition of judicial reach? During the martial law years the same question was asked whether martial law was legal and this was asked before the Supreme Court. The court’s answer was ‘we cannot intervene, that is a political question’,” Aquino said in Filipino.

In yesterday’s Focap forum, Aquino again cited the DAP case where the SC voted unanimously in July to declare the stimulus fund scheme unconstitutional and several more cases where, he said, the SC should not have invoked jurisdiction.

Aquino then mentioned the case of Reyes versus Comelec (Commission on Elections) where the SC still took cognizance of the electoral protest case when the Constitution is very specific that only the House of Representatives Electoral Tribunal has jurisdiction over such cases.

Incumbent Marinduque Rep. Regina Reyes belongs to the administration Liberal Party, and she is the sister of former Marinduque congressman Edmund Reyes, whom Aquino appointed as head of the Toll Regulatory Board.

Ms. Reyes’ victory is being questioned by her political rival, former Marinduque Rep. Lourd Allan Velasco, son of SC Senior Justice Presbitero Velasco.

“These are two separate and co-equal branches to ours – but the Constitution is very explicit. It’s the HRET that can or is the sole judge. Let the HRET finish its job, and if there was grave abuse of discretion, then that would be the time for the SC to intervene,” he said. –Delon Porcalla (The Philippine Star)