Not unconstitutional

I am certain that it was pure coincidence for the Supreme Court to release the Reproductive Health (RH) ruling just before the Holy Week. It does provide good material for Lenten reflection. It seems that both sides can claim victory which is beneficial for societal peace and harmony.  I have not had the opportunity of reading the main decision and the various concurring and dissenting opinions so I am not in a position to intelligently comment at this point.  However, I do commiserate with the thinking out aloud lament raised by a few justices that the answer to certain questions are probably better left to doctors, scientists, philosophers and theologians.    

Query, therefore, as to whether the determination of the validity of the RH law should have been passed upon by the High Court in the first place. True, it is the province of the Supreme Court to pass upon the constitutionality of legislation passed by Congress. However, this was a grey area case where issues of morality, religion, and science commingled with questions of law. When does life begin? Is there such a thing as a “soul” and, if so, when does he/she/it attach? Jurisprudence has developed the political question doctrine where courts will shy away from deciding questions which are “non-legal” and are better left for the political process to sort out.

By the way, I appreciate the emphasis given by Supreme Court spokesperson Theodore Te that the questioned law is NOT UNCONSTITUTIONAL. By using two negatives, the Court does not uphold the â€œrightness” of the legislation but at the same time stating that aside from the provisions struck down, the law, as a whole, is not legally wrong either. 

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Consumer update: In last week’s column, your four centavos argued that the Department of Trade and Industry Administrative Order no. 10-04 as supported by a 2013 Department of Justice legal opinion providing for the non-expiration of gift certificates and gift checks issued after July 1, 2012, applied to pre-paid mobile telephone cards as well. Unfortunately, our letter to NTC’s Atty. Ramon Nolasco has not been favored with a response. Reader Jaime Unson wrote to ask whether the logic for telephone cards applied to LRT/MRT stored value cards that also provide for an expiration date? Absolutely. In this regard, I have written MRT General Manager Al Vitangcol to inquire about the matter.

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Holy Week glossary:  As we approach the Holy Week, I became curious as to the origin of the names to describe the different days of the week (e.g., Maundy Thursday). In the first place, where did the term “Holy” come from?  

Encyclopedia Britannica teaches us that it was “Great” before it was “Holy.” The Greeks and Romans called it the “Great Week” because great deeds were done by God during the week. The pre-Nicene Church focused the celebration on the feast of the Christian Passover which is the night before Easter Sunday.  But during the latter part of the 4th century, the commemoration of specific events during various days of the week began:  Judas Iscariot’s betrayal on Wednesday, the institution of the Eucharist on Thursday, the passion and death of Christ on Friday, His burial on Saturday and Resurrection on Sunday. This is also the time our Christian forefathers started using the term “Holy Week” during the time of Athanasius, Bishop of Alexandria and Epiphanius (not the person after whom EDSA was named), Bishop of Constantinople.

How about the other terms?  Well, the name “Palm” Sunday is obvious as this is the time when Jesus was triumphantly greeted by palms as He entered Jerusalem riding on a donkey.  Ironically, some of those who cried “Hosanna” on that day were the same ones to shout “Crucify Him” five days later. I did not know that there is a “Fig” Monday which apparently was the day when Jesus cursed the fig tree. Certain orthodox Christians eat dried figs on this day to commemorate the miracle. The more generic “Holy” Tuesday in the Eastern Orthodox Church, that follow the Byzantine Rite, commemorates the Parable of the Ten Virgins teaching the virtues of vigilance and patience while awaiting the arrival of Messiah in the form of the Bridegroom. “Spy” Wednesday is the day Judas met the Jewish Sanhedrin to betray him for 30 pieces of silver. (When one thinks about it, why call it “spy” and not “Betray” Wednesday?)  â€œMaundy” Thursday is more complicated. It is apparently taken from the original Latin version of John 13:34 where after washing the disciples’ feet at the last supper, He teaches a new commandment “That you love one another as I have loved you.” In Latin, the verse begins with Mandatum nouvum do vobis. The word “Maundy” is taken from “mandatum” which means commandment. This is a term familiar to lawyers as the legal term “Mandamus” also has a similar meaning.  

“Good” Friday dates back to Middle English when the word “good” denotes piety or holiness “Black” Saturday not only connotes death but also the portion of the Apostles’ Creed describing Jesus’ descending into Hell to deliver the saints of the Old Testament. The modern English term “Easter”, cognate with the German “Ostern,” both refer to the direction from which the spring sun rises. Spring is the time when nature returns to life and in a similar fashion, the Resurrection of Christ brings the promise of a new, everlasting life to those who believe in Him.

Speaking of the Creed, we are taught that “on the third day He rose again.” But if he died on a Friday at 3 p.m. in the afternoon, query if He should not have resurrected on Monday?  Maybe the days were shorter then or perhaps they counted them differently. 

I hope that the foregoing helps in your Holy Week meditation.  Since there is no newspaper next Saturday, let me take this opportunity to greet you a Great and meaning-full Easter!

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“I will love the light for it shows me the way, yet I will endure the darkness because it shows me the stars.” – Og Mandino

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