In the hearing this morning at the Supreme Court, the Justices showed their antagonism to the idea of a judicial review of the presidential decision in their questions. Sen. [Jose] Diokno and the other counsel were embarrassed when they were asked what was meant by judicial review; was it scrutiny of evidence submitted as in a trial court. Diokno lamely answered that it could mean taking judicial notice of facts—which of course was obviously rejected by the Justices.
This was confirmed by Justice Fred Ruiz Castro who saw me at 8:00 PM at [Bahay] Pangarap who said that there can be no review of the presidential decision because the Supreme Court is not an appellate court to the President but an “inquiry” if the proclamation of the president is arbitrary, whimsical or capricious—that is that there is no basis for the proclamation at all.
He claims the Justices are unanimous on this.
But even this is opening the floodgates of inquiry which would swamp the ship of state. Insecurity may follow.
Had a pleasant and enjoyable time during the Meet the Press interview making fun of the columnists Max [Maximo] Soliven, Renato Constantino, Armando [sic] [Amando] Doronila, Rudy Romero and Jose de la Cruz.
Example:
Official Gazette for October 8, 1971: Racting to a wire dispatch from Cairo quoting President Moammer El-Kahdafi as saying that Libya would be forced to “assume its responsibilities” if the “extermination campaign” supposedly being mounted against Muslims in the Philippines continues, President Marcos directed the Department of Foreign Affairs to verify the exact text of the Libyan President’s statement.
The President likewise ordered the DFA to use all its facilities abroad to clarify reports about the situation in Muslim areas in the country. He expressed concern over the manner the real situation in the Muslim areas in the Philippines had been misreported in the foreign media, especially in Muslim countries. A few days earlier, the President had occasion to stress that the fights between Muslims and Christians in the South were feuds and vendettas which had existed in Mindanao since time immemorial. But then he said the government was able to come between the two groups.
The President further said that the people who had been complaining about “genocide” did not seem to understand what the term means. They also had been falsifying and distorting stories to make it appear that the government troops were the ones killing the Muslims, he added.
Except for the video-taping of a television interview in his study shortly before noon, the President otherwise had a quiet but busy day going over state papers. In the course of his desk work, the President signed a proclamation declaring October 9, Saturday, a special public holiday to give unregistered voters the opportunity to register, and thus enable them to exercise their right of suffrage in the November elections. October 9 is the last day for registration of voters, as provided in Republic Act No. 6388, otherwise known as the Election Code of 1971.
- “Tato Constantino, according to the rumors was so afraid of being arrested, so he refused to come back to Manila from Paris.
Max —“Like Joe Guevara who stayed away.”
Pres—“The only reason Joe should be arrested is the lousy puns in his column.” - Pres—“I prefer to be a columnist so I will be licensed to say the most odious things like Max.”
Irene whom I called by telephone reports she hurt her wounded arm again in hockey as she went to shoot the goal. She wanted to say goodbye to her mother who leaves tomorrow for India.