CJ nixes critics’ ‘judicial legislation’ charge

September 04, 2019

CHIEF Justice Lucas Bersamin yesterday took exception to critics’ claim that the Supreme Court was engaging in ”judi-cial legislation” in corruption cases against public officials when it announced the requirement of a mastermind or main plunderer in plunder cases.

“Yung accusation of judicial legislation is most often unfair. That is not judicial legislation that is an interpretation to make the law operate and the courts are freee to do that because unless they are free to do that they cannot interpret the law,” Bersamin said on the sidelines of his Meet the Press forum.

“Although law did not use the term main plunderer it was needed to point out that you the prosecutor must say which of these public officials who you are accusing is the main plunderer because there will be others who merely contributed,” he added.