The High Court on EO 464

Published by the Visayan Daily Star Publications, Inc.

NINFA R. LEONARDIA Editor-in-Chief & President

CARLA P. GOMEZ Editor GUILLERMO TEJIDA III Desk Editor NANETTE L. GUADALQUIVER Busines Editor ERIC T. LORETIZO Sports Editor (On Leave) RENE GENOVE Bureau Chief, Dumaguete MAJA P. DELY Advertising Coordinator

CARLOS ANTONIO L. LEONARDIA Administrative Officer

What should the reaction of Filipinos - lawmakers, officials and the ordinary man-on-the-street - to the statement of the Supreme Court Chief Justice yesterday regarding the unpalatable Executive Order No. 464?

To the solons and lawyers awaiting the action of the High Court on their request for a temporary restraining order, or TRO, on the unilateral Presidential order, Chief Justice Artemio Panganiban reportedly replied that the bid for a TRO was already "moot and academic", that there was no longer need to issue one because the President had already allowed some cabinet members to comply with the summons from Congress, and even to answer questions coming from it.

It looks now - to us, at least - that the High Court speaks a different language, or interprets matters very differently from the way we ordinary mortals do. Many, in fact, most of the people we know, be they scholars, professionals, businessmen, housewives, or street vendors, believed that the TRO was being sought because the people want the alarming executive order 464, that they regard as an initial step towards the complete curtailment of their freedom of expression to be defined, condemned and scrapped, abolished, and abandoned by this administration.

Is it a good sign that the Chief Justice obviously feels assured by the condescension of the President in ALLOWING some selected officials to avail of the freedom to speak and give replies to the lawmaking body? Could the High Court perception be that EO 464 is all right because, anyway, some are bestowed exemptions, so long as the executive trusts them enough not to divulge information that may be damaging to the administration, even if it may benefit the country?

Of course the Supreme Court is supposed to be our last resort. But we know, too, that it could exercise more power that the will of the people expressed through the ballot…as it did when it proclaimed with only its members' votes, a new president some six years ago.*