Supreme Court under Duterte carves its place in history of PH democracy

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The Supreme Court under Duterte faces a juncture in the history of Philippine democracy – will it be a Court remembered fondly for protecting freedoms or would a future Court spend its initial years dismantling its rulings?

'A blow too soon struck for freedom is preferred than a blow too late."One of the most reviled decisions of the Supreme Court under the dictator Ferdinand Marcos was the, where the High Court upheld the railroaded 1973 Constitution.

Decisively, a majority of 6 voted to dismiss the petitions seeking to void the 1973 Constitution. Justices Querube Makalintal and Fred Ruiz Castro, despite being among the 4 who did not vote on whether the new Constitution was in force, joined the majority of 6 to dismiss the petitions. The 1973 Constitution gave birth to the feared Arrest, Search and Seizure Orders , which authorized executive officials to issue warrants of arrest – the same power now given by the anti-terror law to Cabinet members.

The Supreme Court could not arrive at a definitive answer. Justices decided to dismiss all petitions.Then the peaceful revolution happened in 1986, a 4-day demonstration that ended on this day 35 years ago, on February 25.

 

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