Former UP Law professor Assistant Court Administrator Theodore O. Te, chief of the Supreme Court Public Information Office, on the sad news about a leaked decision (for context, see attached news story): There is a reason why the agenda and deliberations of the SC En Banc are confidential and MUST be kept confidential. It is to allow the unelected branch the freedom and independence to harbor the unpopular thought, undeterred and untainted by the hue and cry of the electorate (what Cardozo referred to as the hooting throng). It enhances and strengthens the independence of the judiciary, and in this instance, the Supreme Court by allowing the Justices to think, deliberate and decide--free of the political noise. It is a value that all of us should cherish and fight for, regardless of which side you are on. In collegial deliberations, a draft opinion remains that until it is concurred in by a majority; the contents of a draft opinion may change, depending on deliberations and the collegial give and take of arguments. In specific instances, scattered over the pages of the Courts decisions, initial drafts of what were supposed to be majority decisions have become dissents. The point? A draft opinion is not news until it becomes a decision; until that time, it is speculation, gossip, rumour, and innuendo--things that are, or should be, beyond the pale of ethical and responsible journalists.
Posted on: Tue, 16 Dec 2014 10:58:25 +0000
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