Is it conceivable that the Supreme Court must rule on every single controversial question that Congress might want to pose to Executive Branch officials from here till Doomsday? Does it have the power to prevent ANY citizen from going to Congress before the fact, to speak on any matter within the Rules of the House or Senate? I should say NOT! For that will only mean the complete CUCKOLDING of the Congress that was started by Hilario Davide Jr. in the Edsa 2 coup d'etat and be an historic blow to Freedom of Speech and Public's right to know.
It would be the placing of a bone in the throat of every whistle blower in the government if a full-blown Supreme Court ruling be required whenever some government official--Cabinet minister or lowly policeman or clerk--should want to exercise his or her sworn duty to uphold the law and expose or allege criminal wrong doing within their areas of personal knowledge and competence. Of course they are subject to all the normal restrictions against perjury, false testimony or mere innuendo. But that does not, in my opinion, empower even the Supreme Court to impose such PRIOR RESTRAINT by requiring judicial review before the testimony.
In the final analysis, the unanimous Supreme Court decision Senate v. Ermita, proclaims JUDICIAL REVIEW to be the final fulcrum for deciding whether or not Congress may ask some question, even before it actually does, or whether some person may truthfully and voluntarily answer such question with material and relevant personal knowledge even without the permission of the President.
Senate v. Ermita is the new gag rule to replace EO464 and Circular 108 that has made the Supreme Court, in effect, the Enforcer of Executive Privilege! The imposition of Judicial Review on whistle blowing is in fact a form of PRIOR RESTRAINT on freedom of speech and the Public's right to information about its own government. But the Judicial Activists of the Philippine Supreme Court have painted themselves into an entirely untenable corner with this, as has become from the instant case of Neri v. Senate, in which they are now engaged in a task that I am sure many of them realize they ought not to be undertaking at all!
I think it is the sacred right and duty of every citizen, even of government officials high and low, to divulge information that can amount to evidence about criminal wrong doing to the Congress. It degrades the Freedom of Speech of citizens for to Supreme Court to impose the necessity of judicial review upon their voluntary and honest exposure of waste, inefficiency, graft and corruption, just because they happen to be government employees who come into contact with "privileged information."
I believe that the Supreme Court deprives Filipinos in the Civil Service of the important right to WATCH OVER that government from within, and prevents them from doing their duty to blow the whistle against evil doing whenever they honestly perceive it to exist and are personally willingly to undertake the dangerous process of testifying to Congress and the Public about it.
Senate v. Ermita places the Supreme Court far above both Legislature and Executive in the matter of the validity and regularity of their exclusive prerogatives and ensures a perpetual state of gridlock between them that cannot efficiently or competently be broken by Judiciary already saddled with a MILLION CASE backlog.
THE PHILIPPINE CONGRESS SHOULD IMMEDIATELY PASS COMPREHENSIVE WHISTLE-BLOWER PROTECTION LAWS FOR ALL PERSONS IN THE CIVIL AND MILITARY SERVICES IN ORDER TO OBSOLETE THE SUPREME COURT'S BLUNDEROUS GAG RULE AND USURPATION OF THE POWER OF INQUIRY OF CONGRESS.
Where do I get such strange ideas?
UNITED STATES CONGRESSIONAL OVERSIGHT MANUAL
Whistleblower Protection: A Tale of Reform versus Power
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