Economy-related suits and the Supreme Court.

How the Supreme Court can help Aquino - INQUIRER.net, Philippine News for Filipinos


Former Chief Justice Artemio Panganiban made the following points in his latest column (click the link above) on the the role of the Supreme Court as the final arbiter of constitutional issues that relate to economic activities, controversies and policies:

1. Indeed, the Supreme Court can help—without compromising judicial independence—by prioritizing infrastructure suits. While their review cannot be railroaded, hearings can be set at a faster pace and judgments issued soonest. Also, when tolls are contested, it may not be prudent to enjoin their collection. A better alternative would be to put the questioned tolls in an escrow account with individual receipts being issued just in case a refund is ordered at the end of the litigation. In this way, investors are assured that their huge investments are bankable and protected.

2. By helping nurture the prosperity of our people and enabling our policymakers to battle poverty, courts are really obeying the constitutional mandate “to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty.”

3. Many past Supreme Court decisions have used my judicial philosophy of “liberty and prosperity under the rule of law,” which in part states that, absent grave abuse of discretion, courts should not pass upon the merits or wisdom of economic programs, which have been left by the people to the political branches of government. What is beneficial, advantageous, feasible and practical are policy issues that are best decided by the president and the economic managers of the country.