Excerpt from the Privilege Speech of Rep. Elpidio F. Barzaga, Jr., 4th District of Cavite, March 11, 2014:
Not to be overlooked is the undermining effect of the
adverted recognition of the powers of the COMELEC, an
independent, constitutionally-created body, to exercise
direct control and supervision over a subordinate body.
More importantly, the House, by its act, challenges the
constitutionally rooted authority of the Supreme Court as the
final arbiter of all legal issues and in the process, trifles with
the system of checks and balances, as a corollary of a basic
tenet of our government system—the separation of powers
between and among the Legislative, Executive and Judicial
branches of government.
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Rep. Elpidio F. Barzaga, Jr., 4th District of Cavite |
Whether or not we agree with this proposition, the
Supreme Court is supreme, being entrusted exclusively with
the judicial power to adjudicate with finality all justiciable
disputes. No other department may pass upon its judgments
or declare them unjust. Any lawyer worth his salt—and the
House has its share of legal scholars—will tell us that the
power of the Supreme Court lies in and is exercised through
its decisions and pronouncements which, in appropriate
cases, form part of the laws of the land; and because of
this postulate, compliance with the High Court’s final and
executory decisions cannot be made to depend on the option,
or worse still, the whim of the parties.
The problem confronting the House and its leadership
has simply ceased to be a controversy involving a contest or
power struggle between the Supreme Court and this Chamber.
It has evolved into the matter of safeguarding the majesty of
the Constitution, upholding the rule of law, and ensuring the
preservation of the Republic. If we, elected Members of the
House for political or personal consideration, were allowed
to cross the line within which we are required by law to
operate in the discharge of our office, then the law would be
a farce, a pure jargon, without meaning at all. If we continue
to defy the long and final Supreme Court decision, we would
be in the process of inciting or fomenting disobedience to
the Constitution.
To think that each of us has sworn to defend it! So, are
we willing to be a party to this disaster? Do we want to be
remembered as the Congress which blatantly trampled on
the rule of law?
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Former Chief Justice Artemio V. Panganiban |
Anyone may disagree with, even criticize as some of
our distinguished colleagues have done, Supreme Court
pronouncements, but we cannot take away that right from
them. As former Chief Justice Artemio Panganiban aptly
wrote in his Phililppine Daily Inquirer article, and I quote:
Criticize, yes; disobey, no. Rule of law. True;
legislators have a right to disagree with the court.
However, such right is not a license to disobey the
court.
Indeed, we have all the right to disagree but
not to disobey. This is especially true for litigants
who seek interventions of the court. They cannot
refuse to disobey on the guise that in their opinion,
the court is wrong.
Yes, Congressmen may criticize, attack and
bemoan. But I respectfully submit that under the rule
of law, they are duty-bound to follow the decisions
of the court whether they agree with these or not.
As a Member of this august Chamber, I am concerned
with the repercussions of the path we are taking. Now, this
institution, a coequal and a co-independent body, is defying
the High Court. Are we now sending a message, outrageous
as it is, that it is not wrongful to disregard the Judiciary? How
soon will it take before the Executive Department follows
suit—a judicial determination of the unconstitutionality of
a law or an executive order is being ignored, and the void
law or executive order is still being implemented? Following
the lead of this Chamber and the Executive Branch, the day
will come when all losing litigants before the Supreme Court
will just sit back and simply refuse to comply with each
decision, thereby inviting a breakdown of peace and order and
contempt for the law. May that day never come when anarchy
reigns, when the stability of the government institutions is
endangered and eventually, our democratic system and the
Republic itself disintegrate.
Let us not then turn a blind eye to the real issue on this
matter and the constitutional crisis we are creating. The
Supreme Court has spoken with finality. I appeal to the reason
and sense of fair play of every Member in this honorable
Chamber to uphold the rule of law and the Constitution. I
urge everyone, regardless of political affiliation, to abide
by the final decision of the Court and recognize Mr. Lord
Allan Velasco as the legitimate Representative of the good
people of the Lone District of Marinduque. It is simply the
right thing to do.
It is high time, as a matter of duty of a Filipino citizen,
to sound the clarion call for total respect and obedience to
the rule of law for the sake of our beloved country and the
future of our fellow Filipinos.