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First Things First

A good commander knows how to pick his battles.

If our new President knows how to picks his, he must realize that while he has immense political capital going into Malacanang on Jun 30, the Filipino people expects him full well to expend that capital prudently and in a manner that the downtrodden that he is the avowed champion of understands and understands easily.

Yes, President Noynoy won by a landslide with his spinmeisters dubbing him the ‘People’s President’, making him sound like he’s Manny Pacquiao.

But let’s stop the mixed imagery right there.

It’s not as if Benigno Simeon Aquino III is some bang pugilist who eats Mexicans for breakfast and a Bob Arum packaging his next megabucks fight.

Aquino is President and the first order of business for him is to translate his electoral victory into effective government and good governance.

At the same time that he is assembling a Cabinet made up of men and women of both broad and deep seated commitment to his agenda of positive change the new President must cobble together principled leaderships in both the Senate and the House of Representatives.

This will not be an easy task but it can and must be done, notwithstanding the antics that Gloria Macapagal Arroyo and her allies can be expected to continually pull.

At the Judiciary, the battle is also against corruption, as corruption is seen as also at the root of injustice.

President Aquino will be wrong, woefully wrong, to think it’s about him simply showing petulant displeasure at GMA successfully installing her midnight Chief Justice and completing an ‘Arroyo Court’ that will protect her from the slew of cases over her misrule.

The onus will be on Chief Justice Renato Corona, Mr. President, to cast his own independent, probative shadow.

First things first.

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Comments

  1. baycas says:

    The Philippines is Top Ten in the de jure* Judicial Independence Index (page 25):

    1. Colombia
    2. Philippines
    3. Brazil
    4. Georgia
    5. Slovenia
    6. Singapore
    7. Russia
    8. Botswana
    9. Ecuador
    10. Greece

    De jure judicial independence has an unexpected sign: more independence is correlated with more corruption.

    Judiciaries may possess a formal institutional structure that would indicate independence; however, in practice, judges may be unable to engage in independent decision-making. For example, judges that are formally granted life tenure, which encourages independence by securing their positions, may in practice face strong pressure or threats to resign if they rule against a particular party resulting in de facto term limitations. Formal institutions, then, may not preserve the independence of judges because they are not respected in practice. As a result, courts that appear to be independent according to de jure measures may be heavily influenced in practice. This was the case in the Philippines under Ferdinand Marcos; the judiciary was firmly controlled by Marcos despite strong institutional protections (Haynie and Tate 1993).

    Will Judicial Independence** be better with the apparent incoming Aquino administration as a result of this “fight” between the “People’s President” (whose votes cut across ABCDE classes in the last election) and “gloria’s Crown?”

    If so, then the President-apparent picked his seemingly first battle wisely…

    —–
    *Judicial independence (JI) derived from the letter of the law; in contradistinction to de facto JI which is concerned with factual implementation of the law

    **Judicial Independence in relation to Economic Growth

    • baycas says:

      THE CASH VALUE OF COURTS

      Abstract: There is strong theoretical and historical reason to believe that judicial systems are an important determinant of economic well-being. Numerous empirical studies have now found that a measure typically called “rule of law” is associated with economic growth and other variables of interest. I conclude that the best broad “rule of law” scale is that of the World Bank Governance Matters and the best available scale for the judiciary alone is the World Economic Forum’s judicial independence metric. My analysis also shows that both these scales have a remarkably large effect on economic growth, limiting corruption, and constraining the size of a nation’s underground economy, just as predicted by the institutional economic theory.

      Inasmuch as we succumb to the dictates of the “infallible” and final “orbiter” SCORP, it appears we should maintain this main event: “People’s President” vs. “gloria’s Crown” in order to preserve symbolically (and in practice, hopefully) judicial independence. Anyway, the latter will outlive the former by two years.

      But, how about the prosecution of Representative gloria if her “Crown” will remain on top of her head? Well, that remains to be seen. As “gloria’s Crown” has said, “Watch me.”

    • GabbyD says:

      i think there’s a problem with the paper that she wrote that might be the reason why its negative.

    • baycas says:

      Suffice to say probably (in my limited readings), what is written in law (de jure judicial independence) may not necessarily be the case in reality* (de facto judicial independence). The rulers may affect the rule…unless judicial independence is maintained.

      The seeming “rift” between the President-apparent and the CJ could possibly bring about a beneficial effect in the hope of a more factual judicial independence** than is perceived to be present.

      —–
      *Well, as far as Feld and Voigt study presents; case in point is that the Philippines is nowhere in the top ten countries with de facto judicial independence

      (“Voigt and Feld also found that de facto judicial independence had a significant positive association with GDP per capita growth from 1980 to 1998, but de jure independence had no such association.”

      Sill likewise “confirm the traditionally held belief that judiciaries can facilitate economic growth by empirically demonstrating that judicial independence is positively associated with economic growth.”)

      **Of course, judicial independence should be tempered with judicial accountability

  2. nosibalasi says:

    who would say that Corona will not be bias on his decisions to GMA’s alleged crimes..considering Corona’s profile…he was GMA’s chief of staff and spokesperson of then Vice-Pres GMA in 1998…when GMA assumes Pres, Corona became Presidential Chief of Staff in 2001…now he was appointed by GMA as Chief Justice….three GMA’s appointments…tsk tsk…he will not be bias? o’cmon dude…malaking utang na loob yan…imagine all cabinet members and staff of GMA received cold cash money from GMA…I wish it was a hearsay…pero when I heard this story…kadiri…kaya bumilib ako sa Hyatt 10…di sila nanghinayang sa pera na matatanggap nila 4 times a year maliban dun sa loyalty checking hihihi…I am hopeful that Noy will become the President that we all wanted…pero mahirap na ang sistemang na-install na ni GMA for 9 years…ang utang na loob system w/ cash bukash…hahanapin yan ng mga namumuno at nagpapalakad sa bawat ahensya ng gobyerno…mula edukasyon, pangkalusugan, enerhiya, sa finance, COA, DFA, AFP/PNP/NBI, BSP, GSIS, MMDA, TELCOM, etc pa… ganito kabulok ang sistemang iniwan ni GMA para kay Noynoy…ikaw ba naman, mawawala ang milyones na tinatanggap mo…ano gagawin mo?…parang sa mga pelikula…1 million lang nagpapatayan na…paano kay kung more than that ang binibigay…imagine ha…there was a mystery bag na nakita sa malacanang na inaabot sa mga cabinet members…naging issue ito noon…but those bags…ano ba laman nun…barya?

    • Mario Cruz says:

      The good issue here is: What will Noynoy Aquino do with the Hacienda Luisita? Noynoy Aquino is the biggest Feudal Lord of the country. During the time of Cory Aquino. Hacienda Luisita was protected from Land Reform. Cory Aquino put aside the Land Reform Program. Noynoy Aquino’s is not at fault as being born in the family. However,he can do something about the it. But, if he continues the Feudalism, and family cronyism that was prevalent during the past Aquino term. This will be the burden of his Presidency. We Blog to make people think. To make them do their researches, for informations, we provide. Not to be Apologist to any people who have vested interest.

      Many rulers in the past are strewn on the road of History. Aristocrats in French, did not heed the call of the French masses. So, the Jacobin Revolutionists. Cut all their heads in the French Guillotine, during the Reign of Terror. The Czars of Russia. The Shah of Iran; and others. As the great author Victor Hugo had stated: “No one can prevent an idea, whose time has come.” Or the words of U.S. President Abraham Lincoln: “You can fool the people one of the time. You can fool the people most of the time. But, you cannot fool the people all the time.” Corruption is prevalent in our country, because people are poor. No significant middle class, that you can see. Only 5% of the population controls the wealth of the nation. Most of them are Oligarch Feudal Politician rulers. Or aliied to these rulers. As endemic as in the third word countries. Corruption, feudalism, tribalism, and so forth, are prevalent.

      I just attended the U.S. Military Academy Graduation ceremony, at West Point, New York. U.S. President Barrack Obama was the Guest Speaker. The Valedictorian of the class is a Lady Cadet named: Miss Rossenberg. My ears always resound to the call of the old West Point motto: “Duty, Honor, and Country.”

  3. Mario Cruz says:

    The Corona issue is just a Prelude of what you will expect on the Noynoy Aquino administration. Putting too much hope, on a traditional politician. Who comes from the mega-rich family. With the Hacienda Luisita issue, hanging like an Albatross on his neck. Is too much hope to hope for. I don’t have any respect for these Politicians, who rape the country in the ass. Hoodwink the masses, or common tao, like me. Then call themselves:Patriots, by singing “Bayan Ko”.

    • rosa says:

      When will you stop regurgitating negative comments on Noynoy that you continously spew without any basis Mario. Noynoy has not yet assumed his presidency and you are already sounding the death knells. It is not his fault that he comes from a rich family. From how Corazon Aquino behaved when she was a president in not enriching herself, I am very confident that Noynoy has the same integrity. I think we need positive suggestions and ideas and not this tearing down comments. I too am outraged with the politicians who have plundered the country but not all of them are corrupt and Noynoy;s job is to find this type of officials. I am now awaiting for Noynoy to announce how he would fight corruption and also the punitive laws for anyone who engages in corruption.

      • Bert says:

        Don’t mind Mario too much, Rosa. Don’t forget that Mario, or Tasio, has been wanting to have a carabao then later a monkey for his president, :).

      • Mario Cruz says:

        The Great French Political Philosopher stated: “I disagree with what you say. But, I will defend it to death, your Right to say it.” I write my opinions. If you agree, thank you. If not, it’s okay. Time will tell, if my words are true or not. I’m not a prophet. But, I’m a good student in History. As the great Historian George Santayana had warned us: ” Those who forget the past, are condemned to repeat it.”

      • Rosa says:

        People demand freedom of speech as a compensation for the freedom of thought which they seldom use.
        Soren Kierkegaard
        Danish philosopher (1813 – 1855)

      • Joe America says:

        Rosa,

        Freedom of thought . . . great quote.

        We each take our mental box as the sole definitive truth, and can’t figure out how to get out of it. Don’t even try, usually. Three great ways: reading, traveling, and blogging with an open mind.

        Joe

  4. Manuel Buencamino manuelbuencamino says:

    Here’s a dilemma:

    They campaigned very hard to get Noynoy Aquino elected because they believed he was the best man for the job. They did it for principle not for selfish reasons, they didn’t do it because they were after positions in his administration. They had no desire to work in government, they only wanted to put a good man in charge. But Noynoy asks them to join his administration, should they?

    Some say that they should not. I say they must and should.

    Here’s why:

    They campaigned hard for Noynoy, they convinced many people to support him. Now that he has been elected they are going to go on vacation? They can’t walk away, they have to walk the talk. It is their duty to help Noynoy if he is asking for their help.

    Besides, if they say no, what are they telling Noynoy and specially the people they convinced to support Noynoy – that he is good enough to campaign for but not good enough to work for?

    What do you think?

    • hiddendragon says:

      very well put. let them walk the talk.

      i believe, and have said so, that true effective patriotism extends to a desire to serve, and when given the opportunity, after thorough vetting, by self and others, there’s no reason why one should not go ahead and accept an offered position.

  5. rosa says:

    Noynoy should follow what his guts will tell him and it already looks like it is telling him to show that he does not agree with the midnight appointment by GMA. Since they say this is just ceremonial, he should just be sworn in by a barangay captain which has rich symbolism as well. This not petulance, He is drawing a line in the sand and he is showing that he will not let GMA dictate the agenda of his presidency. As to those who are saying that he should uphold the law, they should have spoken louder when GMA has announced that she will continue with her plan to appoint a CJ right when she is nearly out the door. What an insult to the Filipino people. She is literally giving us the finger.

  6. Joe America says:

    “It’s not as if Benigno Simeon Aquino III is some bang pugilist who eats Mexicans for breakfast and a Bob Arum packaging his next megabucks fight.”

    Nice line.

    Joe

    • Thanks, Joe.

      That’s why my thesis is for the President-apparent to pick his battles and not lose sight of the imperatives he himself laid out in his run for the presidency. He shouldn’t be baited on issues GMA and her proxies are cooking up…

      • The Ca t says:

        let us see then, if he will take the oath to the barangay chairman or captain.

        someone contradicted me when I said, it is Erap who is going to fight it out with Noynoy in the election. He said that Villar and Erap will be fighting for the second place. Will this the second time,I will tell you “Told You sa.” I hope not.

      • thenashman says:

        That’s better than sira-ulo Pastor Quiboloy, imbecile Aniceto Abbey Canturias of CIG and his disciples Miriam Quiamco and Leytenian who all said it will be Gibo by a landslide because it is the will of god.

        I wonder where they all are? Perhaps still looking for Pastor Quiboloy’s 6M and helping Aniceto Abbey Canturias do an exit poll.

    • baycas says:

      love lost ba?

  7. GabbyD says:

    Latest news is that he’s gonna swear before an SC judge. good news. now, thankfully, this silly non-issue will pass.

    • GMA7 is reporting that President Apparent Noynoy Aquino will take his oath before SC Associate Justice Conchita Carpio-Morales who’s the cousin of Justice Antonio Carpio

      • GabbyD says:

        i’m glad he has come to his senses. its time to drop this barangay captain thing. high time.

      • GabbyD says:

        let me add that this is what i fully expect.

        i expect him to have a strong stance against corruption, even the taint of corruption.

        i expect him to reign in the powers of the presidency.

        i expect him to have higher standards than GMA about the conduct of a public official.

      • Bert says:

        I’m rearing to agree with you, GabbyD, except that I have this thing in my head that Noynoy’s hand is tied doing all those thing he has to do to rid government of graft and corruption while there is that potential of a Chief Justice who can be an obstructionist and antagonistic to his efforts, don’t you think?

  8. Agree, Gab…

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