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28 Ateneo L.J. 1 (1983-1984)

handle is hein.journals/ateno28 and id is 1 raw text is: ATENEO LAW JOURNAL Joaquin G. Bernas, S. J. THE FACES AND USES OF THE POLITICAL QUESTIONS DOCTRINE: REFLECTIONS ON HABEAS CORPUS, THE PCO, AND BAIL The nation has no right to expect that it will always have wise and humane rulers, sincerely attached to the principles of the Constitution Wicked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln. Jus- tice Davis, Ex parte Milligan, 4 Wall 2, 125 (1866). Hemos establecido todas las garantias que impidieran que el poder ejecutivo se constituyera en dictador o se perpetuara en el poder. . . Mariano Jesus Cuenco, at the 1935 Constitutional Convention. In times of war or national emergency --- the judiciary should be less jealous of its power and more trusting of the Executive... For their part ---- the people can only trust and pray that, giving him their own loyalty and patriotism, the President will not fail then Justice de Castro,Padilla v. Enile, G. R. 61388, April 20, 1983. Justice Davis had a pessimistic view of human nature. There are American writers who believe Watergate may have proved him right. Cuenco thought that the 1935 Constitutional Convention had found a structural guarantee against dictatorship. There are Filipinos who believe Cuenco was wrong. Justice de Castro, in uncommon charismatic fashion, anchors the salvation of the nation on an unwavering faith in the presi- dency. It is no surprise then that Padilla v -Enrile splintered the Supreme Court and elicited a mixture of shock, What's new?, and halleluiah. The Garcia-Padilla decision established three principles none of them truly original: (1) when the President says that there is need to suspend the privilege of the writ of habeas corpus, acceptance in faith is the pro- per response (and Praise the Lord is optional); (2) the fourteen men, brave and true, should not touch a PCO (Presidential Commiment Order) with a ten foot pole or even longer; (3) a person covered by a PCO may Digitized from Best Copy Available I

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