The judiciary is the ONLY branch of government that can eradicate corruption in the executive and legislative departments, because they are the only ones who can send people to jail! You are missing the real culprit here. You do realize Imelda Marcos had been convicted by the Sandiganbayan and by a division of the Supreme Court AND by the SC en banc only to be acquitted upon motion for reconsideration right?? You also do realize that the Supreme Court, by its pronouncements on non-bailability of henious crimes like plunder, have created a loophole that allow accused plunderers to remain out of jail while their cases are pending right? This is because they interpreted non-bailability to only apply to those who are accused with strong evidence, and they define strong evidence as not being that of the prosecutor but being of that of conviction by the lower courts. Hence, plunder is now bailable at the RTC even though the law clearly states that the offense in non-bailable! See the problem there? The justice system is broken because most of these people are involved in corruption as well. Who will police the police? Not the Supreme Court, obviously...
nice sir raski..you explain it well..wow..its nice to hear from you gain.....
raski, the courts interpret the law. the law is passed by congress and signed by the president.
it is not just the courts that need fixing. pati executive. pati legislative.
for example. pulis ug prosecutor. both are under the executive. daghan kaso dili mo abot sa korte kay sa pulis or prosecutor pa lang, bayran na para madismiss. all without reaching the courts.
you have a point about corruption. but to say it is all about the judiciary is missing the point.
But that's what you don't get.. the laws already are sound! The interpretation is the one that seethe with corruption. Take for instance the very clear and express prohibition on midnight appointments. Are you saying that the law in that case is defective and corrupt? Is it not more accurate to say the flawed interpretation by the supreme court is what is corrupt? You might be surprised to realize that Congress itself has actually passed many good laws to police themselves, but it was the courts who usually supplied the loophole not the laws themselves! It is mainly a problem of the judiciary, not the executive or legislative branches. The President, whoever he or she may be after May, is not going to be able to send corrupt people to jail by himself or herself. He or she won't even be able to send people to jail with just the cooperation of Congress/Senate. He will need to cooperation of the Supreme Court justices, most of whom WILL NOT cooperate because they are all appointees of Arroyo and have shown just how brazen they can be with their interpretation of the law the most recent one shocking even the most jaded members of the Philippine Bar...
And you are wrong about the police and prosecution.. since most cases against corrupt officials are not brought to courts by ordinary prosecutors or policemen but by the Ombudsman. Yes there is some corruption there too, but in the most high profile cases these do actually make their way through the court system from convictions in the RTC on to the Sandiganbayan and finally to the Supreme Court itself. I mentioned one high profile case already, that of Imelda Marcos, which disappointingly ended very badly for our country because the Supreme Court is hopelessly corrupt. Then there's the case of appointment of CJ which the Constitution clearly prohibits, but the SC made a weird exception where there is exception. You have yet to tell me how corruption can be eradicated with a corrupt supreme court. If you can't send corrupt politicians to jail, then you can't address corruption. Even if Noynoy were competent and really went after the crooks, what effect would there be if the SC justices just dismissed or acquitted them once the cases reach there? Because that is exactly what happens nowadays. Convicted by Sandiganbayan, acquitted by Supreme Court. There are too many cases like that, you would not be able to count them with your hands...
Last edited by raski; 03-23-2010 at 12:58 PM.
I see your point, and true, that as a bastard decision by the majority of the supreme court.
I have said before that we have so many good laws, and truth to tell, congress is not really alien to me.
but again, the law is pervasive in our daily lives but the court does not have the reach on all aspects given its manpower.
its not just the court. it includes the legislative and executive. if people do not steal, then there will be no need for the courts to convict them in the first place.
You got it the other way around. There is no eating of carrots, if there is a stick to whack the mouths that eat it. If the courts convicted plunderers, then there will be no plunderers (or fewer of them).
What you are saying is unrealistic. People DO steal, because they can and get away with it. If people do not steal, then there will be no need for police, the courts, the government. Alas, we do not live in heaven. Hence the need for a super police to police the police. The three branches are supposed to check each other. Unfortunately only the judiciary can send people to jail. The Congress can dismiss corrupt judges, but the process is lengthy and therefore never been used. As such, the judiciary is the only department that does not have real oversight and this has allowed rampant corruption to spread through all levels of that branch to an extent that has worse effects on our economy than even the corruption in both the legislative/executive branches put together. After all, all the Presidents men won't steal if some of them have been sent to jail for their misdeeds...
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