Premature Necessity?

Their team-up for 2010 local elections was publicly announced in So. Baclayan, Brgy. Iling Proper, San Jose. Almost all of the aspiring “early birds” for a municipal post in their camp gathered there. Supporters and friends included. It is almost a complete ticket.

Last July 2, in this beautiful white beach of Occidental Mindoro, his plan to run for mayor of San Jose was made public while his “returning” friend is his campaign manager (or lead supporter). I am referring to Jose T. Villarosa and Ramon M. Atienza. They are our former governor and vice-governor, respectively.

But I am not surprised that this political team-up would eventually be (re)born (?). We can still remember that in 2002, Villarosa and Atienza had a legal battle that reached Supreme Court (SC) and became part of the Philippine jurisprudence. It is the G.R. No. 161081 and here’s some excerpts of the SC Decision:

“Before the Court is the petition for review on certiorari filed by Ramon M. Atienza, in his capacity as Vice-Governor of the Province of Occidental Mindoro, seeking to reverse and set aside the Decision dated November 28, 2003 of the Court of Appeals in CA-G.R. SP No. 72069. The assailed decision dismissed the petition for prohibition under Rule 65 of the Rules of Court filed by petitioner Atienza which had sought to enjoin the implementation of the Memoranda dated June 25, 2002 and July 1, 2002 issued by Jose T. Villarosa, Governor of the same province.” The Decision was promulgated by the highest court of the land last May 10, 2005.

To continue, here’s another peek from the (G.R. No. 161081) Decision: “The avowed intent of Rep. Act. No. 7160, therefore, is to vest on the Sangguniang Panlalawigan independence in the exercise of its legislative functions vis-a-vis the discharge by the Governor of the executive functions. The Memoranda dated June 25, 2002 and July 1, 2002 of the respondent Governor, which effectively excluded the petitioner Vice-Governor, the presiding officer of the Sangguniang Panlalawigan, from signing the purchase orders for the procurement of supplies, materials or equipment needed for the operation of the Sangguniang Panlalawigan as well as from appointing its casual and job order employees, constituted undue interference with the latter's functions. The assailed memoranda are clearly not in keeping with the intent of Rep. Act No. 7160 and their implementation should thus be permanently enjoined…”

The SC’s final decision is this: “WHEREFORE, the petition is GRANTED. The Memoranda dated June 25, 2002 and July 1, 2002 issued by respondent Governor Jose T. Villarosa are NULL AND VOID.” In short, Atienza was favored by the court over Villarosa in said high profile legal quest or question of law.

I do not want to discuss further about their newly-formed team-up. But I would like to emphasize here the important contribution of a particular tenet of G.R. 161081 to Philippine judicial system rather than the personalities behind it.

There’s this dictum “Ex Necessitate Legis (From Necessity of Law)”. Every statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege. This is so because the greater includes the lesser, as what the Atienza vs. Villarosa case or the G.R. No. 161081 have taught or reminded us. Another key word in said jurisprudence is, “undue interference”. Hope this post would not be considered us such by said politicians. Including my readers.

On the other hand, even (former?) Pag-Asa Brgy. Captain Ulysses P. Javier, now political ally of Gov. Josephine R. Sato,- fearlessly announced as early as May his willingness to run for Congress and face his former boss’ wife in 2010. Or is it a premature necessity? I’m not interfering in their affairs but any premature ejacu..,- err, campaigning , like what the national media is projecting,- is so disgusting.

My prospect for the future? What I got is only this little personal prayer (for my self): “Lord, help me make sure that the toes I’m going to step on today, is not connected to the a**s I have to kiss tomorrow. So help me, God. Amen. ”*…