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Archive for the tag “CORONA”

STATEMENT OF THE IBP

NO TO IMPEACHMENT DEFEND THE INSTITUTION

 

The Integrated Bar of the Philippines, the official organization of lawyers, expresses its grave concern over the breakneck impeachment of

the Chief Justice based on grounds that subvert the constitutional allocation of powers and prerogatives of the Supreme Court as the final

interpreter of the law and arbiter of judicial disputes as enshrined in the Constitution.

The impeachment has placed on trial not only the Chief Justice but the entire Supreme Court. The grounds invoked to impeach the Chief

Justice refer to collegial decisions of the Supreme Court involving interpretations of law in actual disputes elevated for review, particularly

the following:

a) The invalidation by the Supreme Court of the Executive Order

creating the Truth Commission;

b) The upholding by the Supreme Court of the laws enacted by

Congress and the Senate involving the creation of the province of

Dinagat Island, the conversion of 16 municipalities into cities, and

creation of a new congressional district in Camarines Sur;

c) The issuance by the Supreme Court of a status quo ante order in the

impeachment proceedings against former Ombudsman

Merceditas Gutierrez;

d) The issuance by the Supreme Court of a Temporary Restraining

Order (TRO) against the Watchlist Order preventing the travel

abroad of the former President under a travel authority issued by

Congress for medical reasons.

In all of the cited cases, the record shows that the Chief Justice was not the ponente but merely concurred in the majority or minority opinion.

Neither did the Chief Justice flipflop or change his position in any of these cases. The decisions were reached by the Supreme Court pursuant

to its processes and subjected to reconsideration proceedings. They all involve interpretation of what the law is.

Even the two other grounds cited in the impeachment – failure to submit the SALN and account for the JDF and SAJ collections – also

involve the assertion by the Supreme Court of its fiscal autonomy. Pursuant to a 1992 SC Resolution, the Chief Justice and Associate Justices

are filing their SALN directly with the Clerk of Court ‐‐ and not with any other government unit‐‐ in keeping with its independent status. It has

also exercised its authority over the SAJ and JDF collections in keeping with its fiscal autonomy, which the Commission on Audit has not disallowed.

By impeaching the Chief Justice based on decisions issued by the Supreme Court now claimed to be unconstitutional, the House is in effect

arrogating unto itself the power to interpret the law over and above the Supreme Court. Such an impeachment has transformed the House of

Representatives as the higher interpreter of what the law is, a clear encroachment on the prerogatives exclusively vested by the Constitution

in the Supreme Court itself. If the exercise of judicial review by the Supreme Court to pass upon the acts of other departments of government and to interpret the

applicable laws could warrant congressional impeachment – despite the absence of any allegations of financial or illegal consideration ‐‐ then the

great constitutional doctrines of separation of powers and judicial supremacy on matters of interpretation of the law would completely

crumble and fall apart.

While we support the reform agenda of the President, its implementation must respect – and not subvert ‐‐ the constitutional

allocation of powers. Of the three branches of government, the judiciary is the weakest. It does not have the powerful sword of the President or the

awesome purse of Congress. Its only weapon is the passive power of judicial review.

If that constitutional weapon is despoiled, then its effectiveness as the protective mantle against potential excesses of power by the President and

Congress would be defanged and rendered inutile. If the Supreme Court is emasculated by partisan actions, to whom shall the people turn to against

excesses by those who are in power? The lessons of the past should be learned.

As sentinel of freedom and democracy, the IBP considers the breakneck and high handed impeachment delivered by the House as a

menace and an open subversion of the constitutional prerogatives of the Supreme Court as the final interpreter of the law and the arbiter of rights.

Thus, the IBP, cognizant of its institutional mandates, calls upon the stakeholders and the pillars of the justice system to rally behind and

defend the Supreme Court as an institution of democracy and the Rule of Law.

 

ROAN I. LIBARIOS

National President & Chairman of the Board

 

DENIS B. HABAWEL OLIVIA V. JACOBA DOMINIC C.M. SOLIS

Governor for Northern Luzon Governor for Central Luzon Governor for Greater Manila

 

VICENTE M. JOYAS LEONOR L. GERONA-ROMEO MANUEL L. ENAGE, JR.

Governor for Southern Luzon Governor for Bicolandia Governor for Eastern Visayas

 

ERWIN M. FORTUNATO ISRAELITO P. TORREON FLORENDO B. OPAY

Governor for Western Visayas Governor for Eastern Mindanao Governor for Western Mindanao

 

Do not be mislead.

If i were to read blogs and opinions, i would definitely read Father Bernas’ blog and not those written by authors trying to make things believeable but in fact false. I am not attacking blogs like raisa robles’ blog or randy davids articles, however, i have the following points why it is better to read Father Bernas blog.

1. when it comes to constitutional issues, no doubt that the authority is father bernas. kahit paikut ikutin mo, tama talaga e. and it is written in a way a layman will be able to decipher and very neutral. No tsismis purely facts and correct application and understanding of the law.

2. reading other blogs written by ordinary authors tend to interpret the law word by word without understanding the reason behind its enactment. In statutory construction, law must be construed by considering the following basic principles:

  • legislative intent
  • verba legis
  • statute as a whole
  • spirit and purpose of the law
  • stare decisis

In addition, every law students know that aside from the above mentioned principles, there are also other principles in CONSTRUCTING AND INTERPRETING WORDS AND PHRASES:

  • Ubi lex non distinguit, nec nos dissinguere debemus. Meaning, Where the law does not distinguish, we ought not to distinguish.
  • ejusdem generis

further, even the use of words MAY, SHALL, MUST, AND, OR have different interprations. example:

“And” means conjunction connecting words or phrases expressing theidea that the latter is to be added or taken along with the first.“Or” is a disjunctive particle used to express as alternative or to give achoice of one among two or more things. It is also used to clarify whathas already been said, and in such cases, means “in other words,” “to wit,” or “that is to say.”

(source: http://www.scribd.com/doc/18178617/Statutory-Construction-Notes)

For detailed explanation click the link.

3. reading blogs written by those authors without law/legal background tend to use their emotion and according to what they hear. HEARSAY facts  + apply the law according to their understanding = ?

Is it the correct application of the law?  readers will read it and they believe it. DANGEROUS.

BOTTOMLINE: upon reading blogs regarding the impeachment of corona, electoral sabotage case against GMA and other legal issues, bloggers publish their views and trying to interpret and apply law according to their understanding…i hope they know the danger of misapplying the laws.

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please read http://fatherbernasblogs.blogspot.com/

for news, read raissa’s

for showbiz, google boy abunda

for other news, go to yahoo

ABUSING IMPEACHMENT

AND NOW, CORONA WILL FACE IMPEACHMENT.

is this the tuwid na landas Mr. President refering to during his inaugural speech? Being an ordinary citizen, i am quite disappointed to the congress, lawyers, and media. Why? first, congress  being the legislative branch of the governement should obey the laws and not to abuse it nor act because of an influence coming from the President (they DENIED it).  Actaully it seems they are the ones abusing and disobeying the laws.  To the lawyers a.k.a officers of the court and known to have the highest integrity, please be guided by the lawyer’s oath.

 

Lawyer’s Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the 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, or 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 these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

IBP, please act according to the law.  Do your responsibilities. Why not file a petition to the court?

To the media, i dont know if you are aware with your ethical standards. BIAS! Anyway, i am not against PNOY nor PRO GMA buti I believe in the rule of law.

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Impeachment in the Philippines is an expressed power of the Congress of the Philippines to formally charge a serving government official with an impeachable offense. After being impeached by the House of Representatives, the official is then tried in the Senate. If convicted, the official is either removed from office or censured.

Impeachment followed by conviction is often the only way to forcibly remove a sitting official. While “impeachment” is often used to refer to the entire process of removing an official from office, it only formally refers to the indictment stage in the House of Representatives, not the trial stage in the Senate. Under the current Constitution, an official can be impeached if one third of the House of Representatives votes in favor. Since it takes only a simple majority to set the agenda or to adjourn the House, it can be difficult for a minority of one third to bring a vote and impeach an official. (http://en.wikipedia.org/wiki/Impeachment_in_the_Phillippines)

IMPEACHABLE OFFICERS:

Philippine Constitution ARTICLE XI Section 2.

1. The President,

2. the Vice-President,

3. the Members of the Supreme Court,

4. the Members of the Constitutional Commissions, and

5. the Ombudsman

may be removed from office on impeachment for, and conviction of

1. culpable violation of the Constitution,

2. treason,

3. bribery,

4. graft and corruption,

5. other high crimes, or

6. betrayal of public trust.

All other public officers and employees may be removed from office as provided by law, but not by impeachment

THE GROUNDS ARE EXLUSIVE.

 

For the rules of procedure on Impeachment trial  in the SENATE : http://www.chanrobles.com/legal11impeachmentrules.htm

Resolution no. 39: http://www.lawphil.net/congress/senate/r_39_2011.html

  *****

 anyway, since the impeachement case against CJ Corono got enough numbers, my questions are:

1. for what ground?

      Hontiveros said the impeachment complaint also discussed Corona’s voting pattern on cases involving Arroyo. “Not only has he exhibited this voting pattern, but he alone among the justices has a close association with Arroyo.  (abs-cbn website)

      Ms. Hontiveros, i dont need to explain this word: INDEPENDENCE.

       Why not impeach ALL JUSTICES who voted according to their own judgment?

2. why (only) CORONA? how about the other justices?

****

PHILIPPINE DEMOCRACYDEMOCRACY…. DAMAGED

BLAMING GAME

 

1. Where art thou Migs Zubiri?

Very interesting that the one who benefitted in the electoral sabotage allegation against GMA was not impleaded. As to the media, they never interviewed him  nor used their “investigatory” abilities to determine migs possible involvement.

MIGS resigned and called the Former President to speak  out or explain…  why do Filipinos swallowed such alibi? He just rode the band wagon…  like Many Pacquiao,  fight Manny, you will earn money.  For CGMA, fight CGMA, win the elections. That’s GLORIA MAGIC. Thanks to our bias media.

2. Maguindanao Massacre

CREEPY. Even Maguindanao massacre was blamed to CGMA.  According  to sources such as record from Malacanang,  Ampatuan and Mangudadatu were called by CGMA to resolve the conflict. CGMA offered a position to Mangudadatu, but the offer for cabinet position was denied by the latter. Despite several attempts to resolve it, no one gave way.  Ampatuan went to Malacanang for another meeting (several meetings) , however ,massacre happened. NOW they blamed.

3. PNOY vs Corona et.al.

CGMA appointed Corona as the SC Chief Justice.

For 10 years in power, naturally ,justices appointed by the past presidents will resign or retire or die.  Upon a vacancy in the Court, the president fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the Judicial and Bar Council. (take note: by JBC not by the President)

then the conflict…

Supreme Court  declared the Truth Commission as unconstitutional.

PNOY blamed Corona.

PNOY blamed SC.

PNOY blamed CGMA.

(Calls for Corona to inhibit or resign ensued. I guess if Corona decides to inhibit, ALL justices must inhibit. For Comelec, Brillantes should have inhibited himself, Ombudman-Morales must inhibit, Leila must inhibit,  ALL MUST INHIBIT. Common sense, Corona was appointed by GMA, PNOY appointed other officials, then all appointees by GMA and PNOY must inhibit).

4. Economy

PNOY said we have no budget. CGMA  too extravagant and used the same for her personal gain.

His Remedy: do not spend the money, cancel infra projects.

Senators said: PNOY maybe held liable for IMPOUNDMENT

(IMPOUNDMENT refers to the refusal of the President, for whatever reason, to release

funds appropriated by Congress. It is the failure to spend or obligate budget authority of any type.)

As result of under spending, the Philippine economic activities were affected.

Who to blame?

PNOY vetoed several provisions/items thus freeing himself in case of under spending the budget  BUT the congress ignored the vetoed items.

The Congress could have override the vetoed items.

Congress fault .

5. Time – tested CGMA

It’s a fact that GMA were able to run the government for 10 years.

Stable economy .  Despite rebellion, coupt attempts, corrupt allegations etc….

if PNOY failed to maintain the economy left by CGMA,   will PNOY and the MEDIA blame CGMA? What if he succeeded? Thanks to AQUINO???

6. WHEREFORE premises considered finding CGMA acquitted. Case Dismissed.

Corona called a special en banc session to resolve  GMA’s petition for  TRO and to resolve the constitutional violations of the DOJ.

COMELEC, on the same day called a special session  re arroyo electoral sabotage case.

Comelec went to RTC PASAY.

JUDGE MUPAS, after  four hours of reading the voluminous  pleadings and documents issued  a warrant.

GMA now an accused.

WHY RTC PASAY?

According to Atty. Art de Castro, it should have been in Lanao or place in Mindanao were the crime was committed. I agree.

Therefore, case should be dismissed against CGMA.

Now, if the case will be dismissed, will PNOY blame Mupas?

If the case reached the SC, and declared CGMA innocent for the crime committed in PASAY (since it was filed in Pasay) or the SC in favor of CGMA, will PNOY blame Corona or SC?

anyway, i hope President Aquino will not blame CGMA for the death of Cory and Ninoy (and Kris’ Lovelife).

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from http://louiesensei.wordpress.com/2011/07/29/pnoy-ethics-leadership-trait-from-2011-sona/

The prescription for PNOY is he should learn from the rule of St. Benedict of Nursia, who lived in the 5th and 6th century, the founder of Christian monasticism, and was held as the principal patron of Europe. His rule is still very relevant until this modern age. The issue raised by this essay on PNOY’s behavior relates to the following points of the rule of St. Benedict: Keep constant guard over the actions of your life. Do not follow the prompting of anger. Do not be a detractor.  Do not bear hatred against anybody. Do not foster deceit in your heart. Love your enemies. Make peace with your adversary before the setting of the sun.

Only with a kind heart can one lead correctly.

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