Aquino plans Corona snub on oath taking

[explorer]

if there's no law that requires the incoming president to take an oath under any of the justices of the SC, i like this idea (taking oath with barangay captain)....to break from the tradition. that wolud even humble all those who are hunger for power. nonoy's power came from the voters (probably 14m+ voters) and it's very symbolic if he take an oath from the dully elected head of the smallest unit of the government.

[SIZE="3"]Aquino plans to have barangay head administer oath of office[/SIZE]

By Gil C. Cabacungan Jr.
Philippine Daily Inquirer
First Posted 18:31:00 05/14/2010

TARLAC CITY, Philippines—Apparent President-elect Benigno Aquino III plans to take his oath as the country’s most powerful person before a barangay captain in his home province and not any magistrate of the Supreme Court, including incoming Chief Justice Renato Corona.

In a press conference here, Aquino said: "(The Constitution) says that before assuming office the President will subscribe under oath. It does not say who. I am waiting for my lawyers’ opinion but it (oath of office) will probably be before the barangay captain of Tarlac.’’

Aquino’s break from tradition (a President takes his oath before the Chief Justice) is meant to show his disagreement with President Macapagal-Arroyo’s decision to name a successor to outgoing Chief Justice Reynato Puno who is to retire on May 17.

"There are questions whether I will take my oath before him (Corona) and I do not want my own oath-taking—if I do it—to be before a questioned entity. There is no requirement to take your oath before a CJ. That is primarily a tradition and not a requirement of law,’’ said Aquino.

Aquino agreed that Arroyo’s appointment of Corona was a "declaration of war’’ against his incoming administration.

"But more than anything , given the fact she probably assumes she’ll be facing a whole ton of cases, a whole lot of them, she is looking for sympathetic or friendly faces from those who will (try) her case. I think she did this for personal interests again rather than national interest,’’ he said.

Aquino shrugged off Malacanang’s warnings that he could face impeachment for snubbing Corona.

"I hope they have read the Constitution. Even if I do not agree with it (the court’s upholding President’s power to appoint a chief justice in her final days in office), we are obliged to follow the SC. Will that be reviewed? I think so. The presidency is a co-equal body. At the end of the day I do not want to start out with any questions upon assumption of office,’’ said Aquino.

[chua_riwap]

^^ Siguro yung Brgy. Captain ng Hacienda Luisita.........

[explorer]

even senator Pimentel (a lawyer) said that oath taking under the barangay captain is not illegal bacause there's no law that requires that only SC justice can administer the oath taking of the incoming president

from: www.inquirer.net

[SIZE="3"]Aquino can revoke Corona appointment with EO, says Pimentel[/SIZE]

By Christine O. Avendaño
Philippine Daily Inquirer
First Posted 21:10:00 05/14/2010

MANILA, Philippines—Apparent President-elect Sen. Benigno "Noynoy'' Aquino III can revoke the appointment of Renato Corona as the new Chief Justice through an executive order, Senate Minority Leader Aquilino Pimentel Jr. said Friday.

Pimentel said this was an opinion of former Associate Justice Vicente Mendoza and he agreed with it.

Speaking to reporters, he said President Macapagal-Arroyo's appointment could be considered "patently illegal'' and in order to "correct'' it, her order can be revoked through an executive order by Aquino, who has yet to be proclaimed as president.

He said Ms Arroyo was "guilty'' of treating "frivolously'' the issue of the appointment of Chief Justice, as he cited Article 7 Section 15 of the Constitution which prohibits the President from making appointments two months prior to the next election and until the end of her term.

And while he said majority of the members of the Supreme Court said Ms Arroyo could appoint the next Chief Justice, he said this should be challenged.

"If we allow the Supreme Court to have its way there without challenge, it allows the Supreme Court to amend the Constitution,'' Pimentel said.

He then sought for any of the high court justices or "all of them'' to a "public discussion'' of the issue which he stressed was a "matter of public interest.''

Pimentel said he had earlier filed a motion for reconsideration seeking a discussion of the issue but the high court did not allow it.

Pimentel also said he was blaming Ms Arroyo for the "faux pas'' in making the appointment.

He urged the President to reconsider her appointment of Corona or for Corona himself to act like a "statesman'' and refuse the appointment.

Otherwise, he said it was possible that the issue would lead to a Constitutional crisis, with the new President clashing with Corona.

Pimentel also said Aquino can take his oath as president before a barangay captain, adding there was no requirement that the latter does it before the Chief Justice.

"And I suggest he does it before the lowliest to demonstrate his concern for the lowliest section of society,'' he told reporters.

[ghosthunter]

And may I know what is the relevance of this?

Relevance is that came from someone who is sourgraping about his choice of candidate losing the election.

[chrispco]

But since you do admit that you are no lawyer, your statement is just an opinion.

Yep. But this will be the first time siguro if that would be the case? Or may mga previous cases na na ganito?

[ghosthunter]

Yep. But this will be the first time siguro if that would be the case? Or may mga previous cases na na ganito?

So what if it would be a "first" in Philippine politics? It is only a break in tradition, not breaking the rule of law.

[loidch]

i can't blame Noynoy for the snub, Pandak should have some decency left to let the next chief executive choose the next CJ.

we all know that Pandak prostituted the legislature and judiciary. and besides i do not want to take my oath of office infront of the presiding justice of my impeachment

[shadow]

makapal talaga si GMA, para hinde na nagkagulo daapt hinde na siya nag appoint. nagka issue lang naman yan kasi before election natatakot na magkaroon ng failure of election and magkaroon ng vacuum sa mga position, but ok namana ng election and meron ng mga tao sa mga positions kaya dapat hinde na ginawa ni pandak yan

[wowiesy]

makapal talaga si GMA, para hinde na nagkagulo daapt hinde na siya nag appoint. nagka issue lang naman yan kasi before election natatakot na magkaroon ng failure of election and magkaroon ng vacuum sa mga position, but ok namana ng election and meron ng mga tao sa mga positions kaya dapat hinde na ginawa ni pandak yan

hindsight is always 20/20... ngayon mas may katotohanan na dapat hindi na nag appoint si GMA ng CJ.. after we've seen how the elections went... but before that, foresight is still speculation..

mas nangingibabaw yung angle na pangsarili ni GMA yung pag appoint nya dahil na rin sa kawalan ng kredibilidad niya at ng kanyang administrasyon... pero it is still part of the job... she had to do it... sa credibility issue, maaaring GMA had a hand on it why it has sunk so low... but on the other hand, hindi nya kasalanan na mag sunod sunod na mag retiro ang mga SC justices all in her 9 year term... sabagay, halos 1 decade na talaga yun at kung mag appoint sa SC ay usually mga nasa 60s na ang edad.. talagang aabutin ng pagka retiro in 9 years...

advice to congress / noynoy: lobby for a change in the constitution putting in detail the exact / detailed ages of supereme court justices, putting into consideration the age of the existing supreme court justices at the time of appointment of a new justice... para malaking chance na limited number of SC justices lang ang ma appoint ng kahit sinumang nakaupong presidente.. granted of course that the 6 year term of the president would still not be extended and the president can not run for reelection...

[uls]

Enrile: Aquino should thank Arroyo for appointing chief justice
http://www.gmanews.tv/story/190875/e...-chief-justice

Instead of criticizing President Gloria Macapagal-Arroyo, ‘potential president’ Senator Benigno "Ninoy" Aquino III should be thankful for the appointment of Associate Justice Renato Corona as the next Supreme Court chief justice, Senate President Juan Ponce Enrile said Thursday.

He even urged Aquino to study the 1987 Constitution.

During a weekly news forum at the Senate, Enrile said Aquino, who is most likely to succeed Mrs. Arroyo, cannot appoint the next chief justice.

"I respect the opinion of the potential president of the country, Noynoy, but I think he should instead be thankful that President Arroyo appointed a chief justice because if the sitting president hesitates to appoint a chief justice, Noynoy cannot appoint a chief justice if they will follow the logic that they have to pass through the JBC (Judicial and Bar Council)," he said.

There will be no JBC when Aquino assumes the presidency on June 30 because of the absence of the chief justice, Enrile said. The JBC recommends the appointees to the Judiciary and the President selects from a list provided by the JBC.

Chief Justice Reynato Puno will retire on May 17 upon reaching the mandatory retirement age of 70.

"That’s very clear in the Constitution, the chief justice is the ex-officio chairman of the JBC, if he is not there, the JBC cannot function," Enrile said.

He said the same way the Commission on Appointments cannot function without a Senate President.

"My God, these people must study the Constitution first before they open their mouths," Enrile said.

--

JPE kay Noynoy: ‘Di ka pa presidente para mag-utos’
http://www.gmanews.tv/story/190911/j...-para-mag-utos

MANILA – Pinangaralan ni Senate President Juan Ponce Enrile si leading presidential candidate Senator Benigno “Noynoy" Aquino III na hindi pa siya ganap na presidente para mag-utos sa kasalukuyang administrasyong Arroyo.

Ang pahayag ay ginawa ni Enrile kaugnay sa pagkakapili ni Pangulong Gloria Macapagal Arroyo kay Supreme Court (SC) Associate Justice Renato Corona bilang kapalit ng magreretirong si Chief Justice Reynato Puno sa Mayo 17.

Sinabi ni Enrile na wala pang kapangyarihan si Aquino na utusan si Gng Arroyo na bawiin ang paghirang nito kay Corona dahil sa katapusan pa ng Hunyo matatapos ang termino ng kasalukuyang lider.

“Imposible ang kahilingan ni Sen. Aquino na bawiin ni Pangulong Arroyo ang pagkakatalaga kay Corona dahil hindi ito naayon sa itinakda ng Saligang Batas," pahayag ni Enrile, kasama sa mga nangunguna sa bilangan ng mga senatorial candidates.

“Saka wala pa siyang (Aquino) kapangyarihan na utusan ang kasalukuyang administrasyon ni Pangulong Arroyo dahil hindi pa siya nakaupo bilang bagong Pangulo ng bansa," idinagdag ni Enrile.

Sa labanan ng pagkapangulo, halos limang milyong ang kalamangan ni Aquino sa pumapangalawang si dating pangulong Joseph Estrada, na kaalyado ni Enrile.

Iginiit ni Enrile na alinsunod sa itinakda ng Saligang Batas, may kapangyarihan pa si Arroyo na magtalaga ng bagong punong mahistrado dahil magtatapos ang termino nito at ang naturang desisyon ay nauna nang kinatigan ng SC.

Kung tutuusin, dapat magpasalamat pa umano si Aquino kay Arroyo sa pagkakatalaga kay Corona dahil maiiwasan ang vacuum sa Hudikatura, ayon kay Enrile.

Sakaling hindi magtalaga ng chief justice si Arroyo, sinabi ni Enrile na hindi rin maaaring maghirang si Aquino ng kapalit ni Puno kapag naupo na siya sa Malacanang sa Hulyo 1 dahil lilitaw na walang chairman ang Judicial Bar Council na siyang nagrerekomenda ng papalit na chief justice.

"Si Chief Justice Puno pa rin ang tumatayong ex-officio chairman ng Judicial and Bar Council na siyang pumipili, sumasala at nagtatalaga ng susunod na chief justice alinsunod sa itinakda ng Saligang Batas, “ paliwanag ng senador.

“Magiging problema pa ng susunod na Pangulo ang pagtatalaga dahil walang tumatayong ex-officio chairman ng JBC kapag hindi naitalaga ang bagong punong mahistrado at ipinagbabawal sa Saligang Batas na magtalaga ng bagong chief justice kung walang ex-officio chairman ang JBC," idinagdag ng lider ng Senado.

Una rito, sinabi ni Aquino na hindi niya kikilalanin ang sinumang itatalagang chief justice ni Arroyo dahil bawal sa batas na magtalaga sa anumang puwesto sa pamahalaan sa panahon ng kampanya.

Ngunit batay sa naging desisyon ng SC hindi saklaw ng ban ang pagtatalaga ng pangulo sa mga opisyal na nasa Hudikatura. - GMANews.TV