Thursday, April 20, 2006
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The Right to Prosperity

The Rizalist put forth a curious theory when we had our "side" discussions at the iBlog2 Summit.

The Honorable and new Chief Justice of the Supreme Court apparently elevated the right to prosperity as a universal human right, as opposed to the right to pursue prosperity (which is what we probably have now).

What are the implications of this "apparent" direction the Panganiban Supreme Court is heading into?

There is a "wild" theory that this will be used to justify all the constitutionally off-tangent actions of the current administration. Yes, folks, Proclamation 1017, Executive Order No. 464, Calbrated Preemptive Response, the whole wheel of cheese. Everything can be justified in the name of the right to prosperity.

Disturbing because to do this in the name of such right, the right to prosperity must be given more weight or stature in the heirarchy of rights. Yes, it should be more important that the right to liberty or even life. That's not what I've been taught in law school.

Machiavellian. But come to think of it, not that far-fatched.

But it cuts both ways, my friend. The right to prosperity must be treated both as personal and state prosperity. And this is where the fun begins.

I could, theoretically, sue a bank for not granting my loan application because that would curtail my right to prosperity. And under that principle also, crimes such estafa, unfair competition and even robbery may become unconstitutional. The possibilities are endless.

But why stop there? Why not expand that right to prosperity to "the right to happiness?"

Why? Don't I have the right to be happy?

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PRAYER FOR GENEROSITY
Lord Jesus,
Teach me to be generous,
Teach me to serve You as You deserve
To give and not to count the cost,
To fight and not to heed the wounds,
To toil and not to seek for rest,
To labor and not to ask for reward,
except that of knowing
That I do Your Holy Will. Amen

THE LAWYER'S PRAYER
May every word I speak be from Your Truth...
I ask come from Your Wisdom...
May every case I handle receive Your Guidance...
May every heart, every life I touch, feel Your Love.

THE JABEZ PRAYER
And Jabez called on the God of Israel saying,
"Oh, that You would bless me indeed,
and enlarge my territory,
that Your Hand be with me,
that You would keep me from evil,
that I may not cause pain."

So God granted him what he requested.

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The Lawyer's Oath
I do solemnly swear that
I will maintain allegiance to
the Republic of the Philippines,
I will support its Constitution
and obey the laws as well as
the legal orders of the
duly constituted authorities therein;
I will do no falsehood,
nor consent to the doing of any in court;
I will not wittingly or willingly
promote or sue any groundless,
false or unlawful suit,
nor give aid nor consent to the same;
I will delay no man for money or malice,
and will conduct myself as a lawyer
according to the best of my knowledge
and discretion with all good fidelity
as well to the courts as to my clients;
and I impose upon myself this voluntary obligation
without any mental reservation
or purpose of evasion.
So help me God.

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