High court and its ‘doctrine of operative fact’
In his article, “Torre de Manila case: Operative fact may come into play” (Talk of the Town, 7/5/15), lawyer Stephen Monsanto talked of the possibility that DMCI may get away with its skullduggery under another Supreme Court ruling dubbed as the “doctrine of operative fact.” Considering the near-impossibility of “proving bribery” in a court of law, that conclusion seems foregone. Nothing short of “whistle-blowers” coming out fast can save “Rizal” from the defilement!
Coming close on the heels of the ruckus over the “crazy” condonation doctrine where our wise men in the Supreme Court freed politicians from liabilities for shenanigans committed during their previous terms by virtue of their reelection, the “doctrine of operative fact” is yet another jolt we need like a hole in the head in these times! “Daang matuwid” was supposed to make things right, morally at the very least, and put us back on the road to righteousness.
So, it’s not just P-Noy who is the blooper-master; so is the Supreme Court. If we keep on having rulers and decision-makers like these, we should no longer wonder why we have remained the “basket case” of Asia!
—RAMON NORMAN TORREFRANCA,
