Makati Business Club Welcomes Recent
Supreme Court Decisions

17 May 2006 - The Makati Business Club welcomes the recent Supreme Court decisions on Executive Order 464, the Calibrated Pre-emptive Response policy and Presidential Proclamation 1017 declaring a state of emergency. The MBC also commends the instructions of the Court for the Office of the Ombudsman to finally release its report no later than 30 June 2006 recommending action on the case involving COMELEC Commissioners and officers in the nullified election automation project.

Overall, these decisions outline the need for transparency and accountability of public officers and public office, uphold the basic rights of freedom of assembly and speech as contained in our Constitution’s Bill of Rights, and firmly define the limits of powers of the executive branch of government. Moreover, these decisions uphold the rights of citizens to information that is of public interest.

The Supreme Court not only declared that certain actions such as warrantless arrests and any prior restraint of the media carried out under Proclamation 1017 were illegal, it also ruled that any moves to take over corporations or public utilities was unlawful. Needless to say, such a threat of takeover would have adverse effects on the economy and investments, and, wittingly or unwittingly, serve to intimidate the business community.

With respect to the Office of the Ombudsman and the COMELEC, the importance of this case cannot be overstated. The Supreme Court already ruled earlier in January 2004 voiding the contract and instructing the Ombudsman and the Office of the Solicitor General to pursue any criminal liabilities of both COMELEC officials and the corporation involved in the bidding. The Supreme Court also ordered the government to recover the money paid for the equipment – about P1.0 billion – and to return the equipment to the supplier. The case has been pending since that time. Thus, we welcome the instruction of the Court to the Ombudsman to move on the case no later than 30 June. The resolution of this case will have a bearing on efforts to reform our key election administration agency.

While these rulings may deter the exercise of similar powers in the future, situations that may result in similar arbitrary policies that only serve specific, short-term purposes are still possible. We welcome Supreme Court decisions that continue to uphold basic rights and promote more transparency and accountability in governance – key facets of our democratic framework. Truly, the “price of liberty is eternal vigilance.”