Saturday, April 5, 2008

UPDATES: Neri v. Senate Committee/ on Notice

The matter on the publication of the 'Senate Rules' allegedly, being one of the reasons why Neri's petition was granted, was not thoroughly covered in the courts' deliberation. The issue was not thoroughly exhausted in the oral arguments. It was just mentioned in passing. Strange, to think that there were only two paramount basis for the decision.

ISSUE: the fact of notice to the respondent.

It was allegedly received on the day or the day before the decision was handed. Therefore, the Senate was not afforded due process under the given circumstances.

The manner of sending a copy to the pleadings between the Executive and the Legislature took one week to be delivered. This is the oldest trick in the book. Considering further that this is a controversy between the two great powers of government, the manner of giving notice stinks to high heavens. Though admittedly acceptable within the legal circles, I think it should not be tolerated in this instance. These institutions have all the resources and the capability to send due proper notice. Yet, the Executive decided to send it by 'snail-mail'..yea, The Philippine Postal Service on registered mail. Which is considered as a valid service of summon under this jurisdiction. However, definitely a deliberate intent to misinform. There should be no surprises in a legal battle.

Given the premises. Undeniably, there are lawyers who 'prostitute' the legal profession and give it a bad reputation. The act fails the spirit of ethical standard. It almost makes me laugh. I should say that the person responsible for this should be disbarred and hanged in the gallows. It is a matter of public interest and not a minor controversy. Have you no shame?

"You're almost a good laugh, but you're really a cry"- David Gilmore/PinkFloyd/Animals


Post a Comment