Wednesday, July 16, 2008

Talo nanaman!

The petition filed by Suplico et. al, versus Romulo Neri et. al regarding the cancelled NBN-ZTE deal was already decided by the court. In my opinion it was already moot and academic because there is no more cause to implead Gloria and the rest who were included in the case because the contract was already canceled.

As expected, the decision of the court on the petitions was based on the mootness of the case since the NBN project has long been canceled by the President. There is no judicial controversy to be settled. Nothing much has to be said about this case because no factual contentions supported by evidence has been presented at any stage of this issue. The decision of the Court has to be respected by all parties involved although I am sure the likes of Harry Roque will make improper remarks and will challenge this decision one of these days.

Sabi nga ni J. Ruben Reyes, "Kapag wala nang buhay na kaso, wala nang dahilan para magdesisyon ang Husgado."

Actually, the Supreme Court's decision was anchored on the principle of judicial notice on the Rules on Evidence. The President's cancellation of the contract is an official act which the court should treat as mandatory judicial notice. Otherwise stated, the official acts of the President, or even the legislative and the executive needs no proof.