7/29/2019 I.B.1. Cayetano v
12/12
Page 12 of12
there is no occasion for the exercise of the Court's corrective
power,
since no abuse, much less a grave abuse of discretion, that
wouldamount to lack or excess of jurisdiction and would warrant
the
issuance of the writs prayed, for has been clearly shown.
Additionally, consider the following:
(1) If the Commission on Appointments rejects anominee by the
President, may the Supreme Court
reverse the Commission, and thus in effect confirmthe
appointment? Clearly, the answer is in the
negative.
(2) In the same vein, may the Court reject thenominee, whom the
Commission has confirmed? Theanswer is likewise clear.
(3) If the United States Senate (which is theconfirming body in
the U.S. Congress) decides to
confirm a Presidential nominee, it would be incrediblethat the
U.S. Supreme Court would still reverse the
U.S. Senate.
Finally, one significant legal maxim is:
We must interpret not by the letter that killeth, but by
the spirit that giveth life.
Take this hypothetical case of Samson and Delilah. Once,
theprocurator of Judea asked Delilah (who was Samson's beloved)
for
help in capturing Samson. Delilah agreed on condition that
No blade shall touch his skin;
No blood shall flow from his veins.
When Samson (his long hair cut by Delilah) was captured,
theprocurator placed an iron rod burning white-hot two or three
inches
away from in front of Samson's eyes. This blinded the man.
Uponhearing of what had happened to her beloved, Delilah was
beside
herself with anger, and fuming with righteous fury, accused
theprocurator of reneging on his word. The procurator calmly
replied:
"Did any blade touch his skin? Did any blood flow from his
veins?"
The procurator was clearly relying on the letter, not the spirit
of the
agreement.
In view of the foregoing, this petition is hereby DISMISSED.
SO ORDERED.
Fernan, C.J., Grio-Aquino and Medialdea, JJ., concur.
Feliciano, J., I certify that he voted to dismiss the petition.
(Fernan,C.J.)
Sarmiento, J., is on leave.
Regalado, and Davide, Jr., J., took no part.
