Monday, December 13, 2010

Equal Protection

When the judiciary mediates to allocate constitutional boundaries, it does not assert superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees.. Justice Jose P. Laurel.
Though the law itself be fair on its face and impartial in appearance, yet, if applied and administered by the public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Of all the branches of government, it is the judiciary which is the most interested in knowing the truth and so it will not allow itself to be a hindrance or obstacle to its attainment. It must, however, be emphasized that the search for the truth must be within constitutional bounds for "ours is still a government of laws and not of men." (Executive Order No. 1, creating the Philippine Truth Commission of 2010, declared unconstitutional. See, Biraogo v. Phil. Truth Com. of 2010; Edsel Lagman, et al v. Paquito Ochoa, et al. GR No. 192935 & GR No. 193036. December 7, 2010).

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