"We are not final because we are infallible, but we are infallible only because we are final."

--Justice Robert H. Jackson
United States Supreme Court Justice

The Supreme Court has once again entered the realm of the economic affairs of the country by indefinitely suspending the Expanded VAT law.  When I read about it, I couldn't believe it.  While I do believe that our own Supreme Court justices have the welfare of the general public in mind in granting the TRO, in doing so, they have ignored a basic principle in law: that no injunction or restraining order shall stop the collection of taxes.  Indeed, this TRO is a milestone.  Nothing like this has ever happened before, but now that it has, rest assured it will happen again.

In Lopez vs. City of Manila (GR 127139, February 19, 1999), the Supreme Court said:

xxx the crux of petitioner’s cause of action is the determination of whether or not the tax is excessive, oppressive or confiscatory.  This issue is essentially a question of fact and thereby, precludes this Court from reviewing the same. xxx

The issue of the Expanded VAT Law is essentially the same, and yet, the same Supreme Court moved towards a different path, that of issuing an unprecedented TRO..

I have always frowned upon the notion of the Highest Tribunal of the Land getting itself involved with economic policies of the government.  But it happens.  Not once.  Not twice.  Remeber the Manila Hotel case?  NAIA Terminal 3?  The Luzon Petrochemical case?  And many other multi-million dollar investments nullified in one fell swoop.  How will investors gain the confidence to pour investments in this country when their contracts are in perpetual danger of being nullified by the Supreme Court?

Of course, I humbly submit to the wisdom of the Supreme Court but I can't help but fear for the future of this country.