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American model of judicial review
« on: January 22, 2018, 04:21:09 PM »
STATEMENT BY THE
HONORABLE ROGER “OGING” MERCADO
Southern Leyte, Lone District
Chair, Committee on Constitutional Amendments
Deputy Majority Leader
‎0917-865-2286

U.S. MODEL OF JUDICIAL REVIEW IS NOT THE ONLY MODEL PHL CAN FOLLOW

Lamentable but understandable are the various over-reactions and jumping to conclusions about the proposed revision of the provision on judicial review.

We hope the critics will also consider the fact that the American model of judicial review is not the only working model in the free world. We can learn from the examples or models of democracies in Europe, Asia, Oceania, and South America. Just because we have become so accustomed to the US model, does not mean it is the only model worth following.

The Philippines’ laws have in recent years been influenced by jurisprudence in other countries, by international treaties, and global dispute settlement systems.  Our Supreme Court has had decisions, resolutions, and opinions citing European jurisprudence. Our SC has even developed the Writ of Kalikasan.

The judicial review question is imbued with crucial economic development and separation of powers concerns. One valid issue is that courts and their restraining orders must not encroach upon the power of the executive to deliver critical public services. Time and again, judicial overreach has violated the power of the executive to implement. The law must not be used as an excuse by sore losers in public biddings wherein winners won fair and square. The better approach would be to reform the government procurement process and its legal infrastructure with proper safeguards.

We agree with President Duterte that the lowest bidder system has been more detrimental than developmental. Note also that the Commission on Audit (COA) has been applying the value for money concept in its audits. We can level this up as we should because it is what would best serve public interest.

The House Committee on Constitutional Amendments, in the spirit of openness and seeking to spur balanced public debate on the various issues, made public the salient features updates on the work of the subcommittees.

What would have been more worrisome to democracy advocates is if Congress simply did charter change behind closed doors, which we have not and will not do.  (END)

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