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Stability and justice
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"It is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."
– Gordon Hewart, Lord Chief Justice of Britain


Hector R.R. Villanueva

Every nation needs political stability before it can achieve economic equilibrium and prosperity, peace and happiness.

The Philippines is no exception.

For these reasons, President Gloria Macapagal Arroyo showed true grit by continuing with her scheduled State Visits to Spain, France and the United Kingdom to manifest to Britain and the European Union nations that the Philippines is deeply rooted on the principles of democracy despite sporadic aberrations and mischiefs, such as, those of the Oakwood incident in 2003, and the Hotel Peninsula fiasco of last week.

Needless to say, the success of democratic institutions ultimately depends on the two pillars of wisdom, i.e., the justice system and respect for human rights.

Lamentably, the justice system in this country leaves much to be desired.

Moreover, the Philippine Supreme Court, the last bastion of democracy and the last refuge of the oppressed and the downtrodden, has of late become extremely unpredictable, approachable, and tentative.

On several occasions, it has reversed itself which is not only disconcerting but also unsettling to petitioners and respondents alike.

An old land case of a mutual acquaintance is a case in point which awaits final decision from the Supreme Court.

It appears that the Supreme Court is set to reaffirm its previous decision on a 20-year-old land dispute favoring CLT Realty Development Corp. which has possession to the title.

Unfortunately, there are two other claimants, with the help of a media blitz, that are petitioning the SC to remand back to the Regional Trial Court the contested 80-hectare plot in Caloocan and Quezon City after the Supreme Court had already issued its favorable decision previously in November, 2005.

Apparently, the positive decision of the SC, after 20 years of litigation on the Maysilo land cases, in favor of CLT Realty Corp. was only a formal recognition or affirmation from three previous separate decisions of the Court of Appeals which merely reaffirmed three other separate decisions of the regional trial court.

Naturally, CLT Realty fears that, should the SC reverses itself again, it will take another 20 years of trials and hearings, and unconscionable expense and delays which is actually tantamount to an abridgment of freedom and the ability to enjoy the fruits of one’s labor and sweat.

Obviously, CLT Realty vehemently objects to the remanding of the Maysilo land case and the 80 hectares in dispute to the lower courts by the SC as unjust and discriminating as all parties have already presented their evidence and information before the trial courts where the courts concluded that the titles of the other two claimants, namely Manotok and Araneta, were null and void.

Summarizing, we shall not belabor the readers with the voluminous evidence and testimonies available in the courthouse. Should any student of law would want all the details of these 20-year-old controversial real estate case, they are available to the public.

Suffice it to say that the Supreme Court should exercise its utmost sense of justice, fairness and wisdom in keeping with its vaunted impartiality which CLT Realty believes it deserves.

Lamentably, the Supreme Court is becoming more unpredictable in recent times, and as they say, "it ain’t over until the fat lady sings," or "it is not over until it’s over."

You be the judge. (For comments and views, please e-mail: chaff_fromthegrain@yahoo.com.ph)

 

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