Supreme Court is where delayed resolution of cases begins

Close on the heels of the Sandiganbayan verdict in the “Ozone Disco Inferno” case which lasted for about 19 years, came another dagok (blow) to our justice system—a kidnap-for-ransom case that took all of 14 years to decide (“14 years of waiting,” Opinion, 12/24/14). It was supposed to be an “open-and-shut” case, not wanting in evidence from the start. And given that “life imprisonment” was meted out on the principal suspect, it would go on “automatic appeal” to the Court of Appeals where it is expected to gather dust for another 10 years and then to the Supreme Court for another 15 years or more! What in heaven’s name is wrong with our judicial system?

Allow us to venture a guess: The Supreme Court sets the pace, the inferior courts just follow suit. The Supreme Court does not care about the time limits set in no less than the Constitution for it to decide cases.

Article VIII, Section 15 (1) is as clear as daylight: “All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months… for the Supreme Court… twelve months for all lower collegiate courts, and three months for all other lower courts.” Note the use of the word “must” (which jurisprudence has defined in innumerable cases to mean “mandatory”—we learned that in our law classes); it is definitely not a mere “suggestion”! What makes the Supreme Court think it can rewrite the Constitution?

Put plainly, the Constitution tells the Supreme Court to be done with any case within two years only, the Court of Appeals and Sandiganbayan within one year, and the rest (lower courts) within months. What part of that provision do the supposedly brilliant justices and judges not understand? How long can they make a mockery of that provision? Impossible to do, considering the age of most of them? The sovereign people have said resoundingly it could be done, so who are they to argue against that? Rather than continue insulting the people’s intelligence with their palusot (alibi), there is only one thing for the inept to do: Resign!

—GABRIELLE MICHELLE

1. AGUILLERA,

[email protected]