Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

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

Has our beloved president gone bastos?

we don't honestly know what came over our president. After getting a go-ahead signal from the Arroyo packed Supreme Court about midnight appointments, she went into a midnight appointments madness.

One notorious example is the sacking of the current ambassador to Germany and her replacement with a new appointee. Now an ambassador is given a grace period of 30 days to prepare to give way to a new one. but the current ambassador, who went home to get an award from the president nevertheless for best diplomatic service got the shock of here life! New ambassadors are subject to approval of Commission on Appointments by the legislature which is currently in recess. And since the HOLY week is upon us, we can only conclude that the president has done a faux pas, even an illegal one, and a bad case of bad manners. In other words, she has committed a kabastosan.

Enough, we will give space to her innumerable spokespersons to explain the matter.

Thursday, March 25, 2010

What the SC decision has wrought: GMA on midnight appointment madness

Visit March 26, 2010, Philstar: GMA replacing officials en masse
by Paolo Romero and Pia Lee-Brago.

After getting a go-signal from the Arroyo-packed SC, that the midnight ban does NOT apply to appointments to the judiciary, GMA has gone appointment crazy and named an ambassador, several officials of government agencies, and replacing the entire boards of two cultural institutions with barely three months left in her term and despite the constitutional ban on midnight appointments in ALL branches of government, as even clearly expounded by a former SC CJ Hilario Davide in the proceedings of the `987 Concon.

See? The Supreme Court has now released the pent-up power hungry forces in GMA and made her the foremost violator of the Constitution with the blessings of the Supreme Court.

It is high time that these idiots at constitutional law be replaced. Vote wisely come the general presidential election. This may be the only chance for the country to move forward and away from the evil magic of the halls and mirrors of the GMA administration.

Almost all executive, legislative and now the judicial branches are now contributing to the specter of a Gloria dictatorship.


This entry is mirrored in my other blog: Digital Explorations

How not to be surprised by Supreme Court Decisions

Please read the excerpt online:

Chief Justice Puno: The Chameleon" by Maritess Vitug

and consider the recent decision of the SC about the Comelecs decision to remove Mendoza as governor of Bulacan.

The book Shadow of Doubt-Probing the Supreme Court from which the excerpt was taken is controversial. One Justice filed 13 counts of libel against the author.

Paperback version is at P495 and hardbound copies at P795. To order the book, visit
the book's official official website

The book is available at Popular Bookstore (Tomas Morato, Quezon City), La Solidaridad (Padre Faura, Manila), UP College of Law; Filipinas Heritage Library (Ayala, Makati); and the Newsbreak office at Unit 202, S & F Condominium, 137-B Panay Avenue, Quezon City; telephone 920-0997; fax 920-3611; email admin@newsbreak.com.ph.

Tuesday, March 16, 2010

Let Arroyo name the next Chief Justice- portent of troubles ahead?

Reporter Tech Torres of the Philippine Daily Inquirer reported that the Supreme Court voted 9-1-3-2 (for, against, inhibited, dismissal of petitions) that Arroyo can appoint next Chief Justice

Here is how they voted:
For : Associate Justices Lucas Bersamin (penned the decision), Jose Perez, Martin Villarama, Roberto Abad, Arturo Brion, Diosdado Peralta, Mariano del Castillo, Teresita Leonardo de Castro, and Jose Mendoza.

Against: Conchita Carpio-Morales.

Inhibited: Chief Justice Puno, and Associate Justices Renato Corona and Antonio Carpio.

Two voted for dismissal of all petitions. Associate Justices Antonio Eduardo Nachura and Presbitero Velasco voted to dismiss all petitions filed for and against the appointment issue, citing that these are “premature.”


Is this portent of troubles ahead? Did the Supreme Court listened to the IBP and other lawyer groups? Were the justices doing an "utang na loob"?

It takes time to form an opinion on a topic as weighty as this one. And this has to be tempered since GMA still has not named the next Chief Justice. We will wait patiently.