CJ Corona speech:
i couldn't care less
CJ Corona speech:
statement of the integrated bar of the philippines:
[SIZE=4]NO TO IMPEACHMENT
DEFEND THE INSTITUTION [/SIZE]
- Integrated Bar of the Philippines, Dec. 14, 2011
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 flip-flop 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 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.
my take is that you cannot correct a wrong by doing another wrong
the end does not justify the means
Wow din paano mo naman nalaman na merorn threat na hinde ibibigay ang pdaf?andiyan na yun impeachment sabihin na Lang niya sa senate yun..sabi naman niya hands siyang lumaban..Originally Posted by glenn manikis
The IBP stand is understandable.
Crowning glory | Inquirer Opinion
Corona’s impeachment is the best thing to have happened to democracy in a long time. Corona’s impeachment is the best thing to have happened to the courts in a long time. At the very least, it begins the process of cleansing the Supreme Court of its dregs, not unlike the way Jesus Christ rid his father’s temple of seedy merchants. Corona is not the Supreme Court, he is merely a squatter in it. Corona is not the institution of law, he is merely the despoiler of it.
At the very most, rather than befouling the Constitution and the separation of powers, it deodorizes them. Corona’s impeachment reminds us of what the Constitution and the separation of powers really are.
The Constitution is not just a piece of paper, like the one you find in toilets, to be used the way Arroyo’s justices have used it, and flushed afterward along with what they put on it. The Constitution is what constitutes the people. The Constitution is the flesh and blood of the people, the heart and soul of the people, the will and voice of the people. It does not exist to be bent by crooked judges, it exists to flail at crooked judges.
Just as well the separation of powers is not there to assure a division of spoils, each branch having its own preserve to rule like a fiefdom. The separation of powers is there to assure that each branch serves the people, each branch checking the other to make sure it is acting in the interest of the people and not merely its own. That is what Corona’s impeachment is all about. It makes sure the Supreme Court acts on behalf of Juan de la Cruz and not of Gloria Macapagal-Arroyo.
Corona and Gloria: They are the crowning glory of tyranny. Impeaching one and jailing the other:
That will be the crowning glory of P-Noy.
Hindi naman baseless at mahina yung facts na ibinabato sa kanya para mag-inhibit siya kaso ayaw niya gawin. Yan kinahantungan niya tuloy.
Hehe ok lang yan, kung yung kalaban mong team sa basketball nananahod, sahurin mo rin..
hehe parang sinabi mong dictador si marcos kaya dapat dictador din ngayon.
btw, pag naimpeach ba sino maglalagay ng bagong chief of staff? Pnoy ba? hinde yung irerecomend nila lacierda et al.
sige ganyan naman talaga majority ng pinoy. gusto exciting ang politics hehehe. i just cant imagine what the executive will do once legally acquitted si corona. kung pagbabasihan natin ang reasoning ni ricky carandang nung tinanong ni kara david bakit si corona ang pinagiinitan e isang boto lang naman sya. sya raw kasi leader. so pwede nya pala pa-impeach si enrile once inacquit si corona heheheh.
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