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SC shirked duty to check abuses in NBN-ZTE ruling: minority
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Written by staff   
Tuesday, 15 July 2008
The image of an “activist” Supreme Court, nurtured by Chief Justice Reynato Puno and  cultivated by his predecessors, was demolished in just 18 pages.

The two dissenting opinions, penned by Associate Justices Antonio Carpio and Conchita Carpio-Morales, criticized the majority of cop-out when they dismissed for being moot the petition filed by Iloilo Vice Governor Rolex Suplico on the botched $329 million National Broadband Network (NBN) project.

Without holding their punches, Carpio and Morales said the Supreme Court (SC) shirked from its constitutional duty of exercising its check and balance function against abuses, whether these are potential or imminent. Chief Justice Puno, picking up from what his predecessors had left behind, has been reinforcing the activist image of the court by exercising its rule-making power under the Constitution. The High Court only recently held a summit to improve access to justice by the poor, a follow-up to the extrajudicial killings summit held last year. Two of the outputs from that summit were the writ of habeas data and writ of amparo.
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