Sunday, March 28, 2010

Now Supreme Court tries to clean up their muddled ruling.

Source: Chief justice ruling can't justify GMA appointments - SC
By Edu Punay (The Philippine Star) Updated March 29, 2010 12:00 AM

See what happens when the SC does not clarify its rulings especially if they are at variance with the intent of the framers of the constitution?

“The SC decision, as concurred in by nine justices, and which is not yet final, only exempts appointments to the SC from the ban,” Marquez pointed out.

He issued the statement amid reports that the President had appointed two justices of the Court of Appeals, an ambassador and board members of cultural bodies where there were no vacancies.

On March 17, nine of the 15 SC justices voted in a special full court session that Mrs. Arroyo could appoint justices of the High Court during the ban on midnight appointments.

But there was no clear ruling on whether the exemption applied to other posts in the judiciary and in constitutional offices. Legal experts said the court had to clarify its ruling.

Article VII Section 15 of the Constitution states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

Consider the case of replacement of Albert as ambassador to Germany. Who is her replacement? It is former Ambassador Yuchengco already at 87 years old!!
this might be the height of PhD (Phenomenal dumbness) or senility.

Even if the former ambassador Albert retired in 2005, decency requires that appointments to foreign embassies goes through the Commission on Appointments and requires a 30 day notice for the embassy official to be replaced. The fact that both chambers are in recess only means that this appointment is indeed a midnight appointment.

Well , there is nothing we can do except that these new appointees better get out before the next president sits as most candidates already stated that they will review these haphazard appointments.

Source: PHilstar

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