Posts tagged ‘president’

SC can choose its own Chief Justice under the Constitution

Latest:  On 10 February 2010, I filed a petition for prohibition with prayer for injunctive relief docketed as G. R. No. 191032 against the Judicial and Bar Council before the Supreme Court.

There is no provision in the 1987 Constitution that says that the President should appoint the Chief Justice.

All the Constitution provides is that “Members of the Supreme Court x x x” shall be appointed by the President from a list of nominees submitted by the Judicial and Bar Council” (Sec. 9, Art. VIII).

But the Constitution also says that the Supreme Court has the power ”to appoint all officials x x x of the judiciary” (Sec. 5 [6], Art. VIII). And there is no iota of doubt here that the Chief Justice is an “official” of the judiciary, in fact the highest official thereof.

In short, the appointing power of the President extends only to the associate justices (or members) of the Supreme Court, not necessarily to the post of Chief Justice, which the Supreme Court En Banc may legally designate.  Thus, the selection and nominating powers of the Judicial and Bar Council under the Constitution and the consequent appointing power of the President may be exercised only in this case if the person sought to be appointed Chief Justice is not coming from among the incumbent justices of the Supreme Court.

This interpretation is in keeping with the principles of separation of powers and would best serve the independence of our judiciary, free from all political and vested interest.

This is the gist of my letter dated 11 January 2010 to the Chief Justice copy furnished all the associate justices of the Supreme Court. In reply, I received a letter from the Judicial and Bar Council dated 19 January 2010 stating that my constitutional view was duly noted during its en banc meeting of 18 January 2010.

I pray that the Supreme Court asserts its constitutional power to select its own leader upon the retirement of Chief Justice Reynato S. Puno on 17 May 2010 to put to rest all the current debate and constitutional controversy about his replacement that continue to undermine or taint judicial independence.

Thank you, Tita Cory

images11I join our countrymen and the world in mourning the passing of Tita Cory. I learned about her death while I was in Naga City. And when I came back last night after a grueling land trip to Manila, I and my son, Jimbo, did not waste any time in paying our last respect for her at La Salle Greenhills.

Many great things have been said about Tita Cory and she truly deserves all the accolade.

But I love Tita Cory because she made us believe that what it takes to be a great leader and human being is neither education nor experience nor brilliance, just plain and simple sincerity, honesty, integrity, modesty, faith and the fortitude to rise above difficult circumstances – qualities that are rare these days and you can hardly find in any of our present day leaders.

I love Tita Cory because she made sure that we, our children, and hopefully the next generation enjoy the blessings of freedom under a regime of democracy. They say that absolute power corrupts but Tita Cory did not succumb to the temptation, when it was very convenient for her to do so. Her presidency had its own share of weaknesses but no one can deny that she served us well by making sure that every Filipino enjoy the fruits of liberty.

And I love Tita Cory because she distinctly made me proud to be a Filipino. The phenomenal and world-acclaimed People Power of 1986 was bloodless and peaceful simply because Tita Cory was its icon, its inspiration, its moving spirit. And I now reminisce that part of my life circa 1983-1986 with great pleasure which I want my children to cherish and understand well.

I dare say that Ninoy’s life and death was actually meant by God to prepare Tita Cory to be our own Joan of Arc. God must be on our side for giving us Tita Cory.

“I would rather die a meaningful death than to live a meaningless life”, Tita Cory once said.  You did, Tita Cory.

“I hope that history will judge me as favorably as our people still regard me, because, as God is my witness, I honestly did the best I could. No more can be asked of any man”, Tita Cory said in her last SONA.  We know you did, Tita Cory.

With your death, may the hopes of the Filipino people live again by tying that yellow ribbon ’round the old oak tree.

Thank you Tita Cory. Thank you. Farewell.

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Below is a song composed by my best friend, Corazon Guidote, arranged by Roy Del Valle, performed by Lisa Del Valle and photoshow assembled by Mike Reyes.

This is under  CC-BY-NC-ND Philippine License 3.0

Interesting square off

LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) - 28 January 2007 Issue

While the country gears up for the midterm national and local elections, the season for the race to the US presidency in 2008 also began.

The Democratic Party, perhaps one of the oldest political parties in the world whose origin can be traced back as early as 1792, is pitting two exciting figures in its election primary, senators Barack Hussein Obama Jr. of Illinois and Hillary Diane Rodham Clinton of New York.

Either of them winning the party nomination and eventually the US presidency would make a first in that country’s history. 

Obama may yet become the first black president of his country and now at the age of 45 could be the second youngest after assassinated President John F. Kennedy. Clinton, on the other hand, could be the first woman president of the US, the first former First Lady to become one, and the first woman to be nominated to the presidency by a major political party.

Obama was born in Hawaii. He is only the fifth African American senator in US history and the only one of such breed serving at the US Senate at present. His father, a Kenyan, died in a car accident when he was twenty-one years old. His mother Ann Dunham of Kansas, who divorced Obama Sr. when he was two years old, re-married an Indonesian and died of cancer in 1995 several months after he published his book, Dreams from My Father. He has written other books one of which is about his political convictions entitled: The Audacity of Hope that remained in New York Times list of best sellers since its publication in 2006.

Four years of Obama’s childhood were spent in Indonesia attending Catholic and Muslim schools. He graduated magna cum laude at the Harvard Law School and first gained national recognition when he was elected as the first African American president of Harvard Law Review, the oldest operating student-edited law review in America. After becoming a lawyer, he briefly became active in a voters’ registration drive, worked for a civil rights law firm, and taught constitutional law in Chicago until his election as senator in 2004.

They say that many Americans are drawn by Obama’s everyman image and broad appeal because in his own words “people project their hopes on him”.

Clinton, as everyone knows, is the wife of former US President Bill Clinton, who involved herself in policy making primarily on health care during her husband’s tenure, departing from the traditional role played by First Ladies. When she won a Senate seat in 2000, Clinton became the First Lady to seek public office and became the first woman senator of New York.

Clinton was born in Chicago. As a student, Clinton had already shown her academic brilliance, her mettle as a student leader, and her passion for political life and causes. Like her husband, she graduated from the Yale Law School where she served on the Board of Editors of Yale Review of Law and Social Action.

In 1996, Clinton authored a book entitled: It Takes a Village: And Other Lessons Children Teach Us that became a best-seller. Her 2003 memoir Living History sold more than one million copies in the first month following publication. In the latter book, she explained that love is the reason why she chose to stay with Bill during the Monica Lewinsky scandal in 1998.

Magazines Time and Forbes had placed Clinton as among the most powerful figure in today’s world.

Just like the drama of world tennis championship, Obama and Clinton unfortunately will not battle it out in the finals because they will have to knock each other out early on.

Wanted: Obamas and Clintons in Philippine politics.