SC ruling on Neri shows a Palace-controlled court: sources

[Monseratto]

When the Supreme Court voted against the administration in cases such as EO 464, Calibrated Preemptive Response, People's Initiative...The media were heaping praises for the Supreme Court. During that time, a majority of them are already GMA appointees. Now that they came out with a rather unpopular (depending were you stand) decision, they call the honorable court tuta ni GMA. Of the 6 dissenting votes, only one is a non-GMA appointee. Here is a piece from a bias media network...

The High Court’s ruling on the executive privilege case of Commission on Higher Education chair Romulo Neri shows a Supreme Court that is controlled by Malacanang, according to several abs-cbnNEWS.com/Newsbreak sources.

Supreme Court and legal sources predicted that the 9-6 ruling issued Tuesday, favoring secrecy over public disclosure in the Neri petition, will be the prevailing pattern of vote by the justices for other major political issues that will be raised before the Tribunal, at least for the entire year.

“It is a pattern of concealment,” said Senate private counsel Carlos Medina.

More pro-Arroyo justices to come?
Next year, the number could tilt even more heavily in favor of the Palace with the retirement of nine justices.

Two of those who dissented on the Neri decision—Justices Consuelo Ynares-Santiago and Adolfo Azcuna—are among those retiring.

The retirement of Ynares-Santiago also gives President Arroyo a chance to pack the entire High Court, with the exception of Chief Justice Reynato Puno, with handpicked appointees.

Malacañang lobbied hard to win
Tackling its first major political case under Puno’s stewardship, the SC sustained Neri’s contention that his conversations with the President on the scandal-plagued National Broadband Network (NBN) deal with China’s ZTE Corp. were covered by executive privilege.

It castigated the Senate for “committing grave abuse of discretion” in ordering his arrest for his refusal to appeal at the Senate inquiry. Puno was with the minority side.

It was a case where Malacañang worked overtime lobbying with justices who could provide the swing vote, abs-cbnNEws.com/Newsbreak gathered from court insiders and observers who requested no attribution for fear of reprisal or jeopardizing their pending cases in the Tribunal.

We learned that just before the oral argument last March 4, the justices were evenly divided on the issue, a situation that did not favor Neri since he had to get an absolute majority for his petition to be granted.

Loyalty check applied
It was in the two-week gap that followed that the Palace applied pressure on some justices. One justice reportedly was promised something in exchange for voting for Neri, while the loyalty check was applied on the others.

A justice known to be close to Arroyo was reportedly instrumental in the appointment of newly-named associate justice Arturo Brion, a move that assured the President that Brion would vote for Neri.

Brion, who was appointed only last week, participated in the voting.

Lesson learned from 'Hello Garci'
One of the sources said the Palace learned its lesson from the Feb. 12 “Hello Garci” decision where a majority of nine justices, against six, ruled that the warning of the National Telecommunications Commission and the Department of Justice against the playing of the controversial tape is illegal.

In that case, the Palace apparently did not exert pressure on its appointees in the SC.

One of the sources said Puno was aware that the initial stalemate would not hold, and that the numbers will tilt in favor of Neri. This was why he proposed the compromise solution that would have allowed Neri to testify in the Senate but without being confronted with the three contentious questions where he invoked executive privilege.

The Senate, however, rejected the compromise solution, took the risk, but paid a heavy price.

SC now controlled by Palace?
Simply put, the Neri ruling implies that “the SC is under the control of the President and that Puno does not seem to have the majority of the justices,” the sources said. “9-6 will be the configuration for the rest of the year.”

It is one clear sign, they said, that the SC will be Malacanang’s rubber-stamp in the last two-and-a-half-years of her term. Arroyo is supposed to step down in June 2010.

One source, who has intensive background in the SC, said that from a short-term standpoint, Malacanang may control the Tribunal, but her hold could loosen in the long-term.

The justices, who are her appointees, might see the need to finally exert independence as the end of Arroyo' term nears. “There will be a change of feelings shortly before she steps down.”

Belligerent Bench
But for now, it is an SC that is belligerent against the Senate.

The majority decision, penned by Associate Justice Teresita Leonardo de Castro, brimmed with lectures and unsolicited advice against the Senate, citing its grave abuse of discretion and lack of restraint in issuing the warrant of arrest against Neri.

For instance, the majority opinion said the case should not have reached the SC had the Senate exercised the power of contempt judiciously and sparingly.

“Many of the incidents of judicial review could have been avoided if powers are discharged with circumspection and deference. Concomitant with the doctrine of separation of powers is the mandate to observe respect to a co-equal branch of the government,” the ruling stressed.

The majority of the justices also lectured senators “to cautiously tread into the investigation of matters which may present a conflict of interest that may provide a ground to inhibit the senators participating in the inquiry if later on an impeachment proceeding is initiated on the same subject matter of the present Senate inquiry.”

The senators are zeroing on the criminal culpability of the President for the approval of the anomalous NBN-ZTE project.

http://www.abs-cbnnews.com/topoftheh...StoryId=113166

[BongRev]

Oh my, what can I say...this government has prostituted almost every institution that crossed GMA's path....the COMELEC for the Hello Garci, AFP for appointing & extending Esperon's term, Congress for shamming the impeachment complaint, etc...and now the Supreme Court.
God Help Us pls.

[fourtheboys96]

OH MY, what can I say??? someone actually believed ABS-CBN's news story.

I'd like ABS-CBN to tell it straight to the Supreme Courts face. may pasource source pa sila jan eh sila din mismo yung source

ika nga nung thread starter, pag pabor sa kanila yung SC decision, puro papuri sila. pag ndi nila gusto, gagamitin nila yung freedom of the press (or maybe abuse of the press) para bigyan ng pangit ng angulo ang desisyon.

[shadow]

pero totoo naman na out of the 15 justices eh 2 na lang ang hinde GMA appointee, and I think before her term ends on 2010 eh 15 justices na ang appointed niya since the 2 non GMA appointee mag retire na next year.....

[Monseratto]

What they fail to mention nga is that even one of the non-Gloria appointee voted for Neri. Unfortunately, that's her perogative to pick the justices, courtesy of the Cory Constitution. What is bias Media and the honourable Senators (especially Senator Pangilingan) trying to imply? That Gloria has made the Supreme Court untrust worthy that any decision from them should be disobeyed? That the Senate is above the law because they believe they are more morally righteous over the Gloria Administration? Next thing you might hear is bias Media urging the swell-headed Senators to call another investigation on the Supeme Court decision in aid of Television...

[oliver1013]

Kaya di nako nanonood ng TV..kung anti Gloria ang balita biased ang network, kung pro Gloria ang balita tuta ng admin...langkwenta

[Horsepower]

nakakapagod na ito.

Lahat ng nasa gov't puro magnanakaw. Tapos sila naglalabo-labo.

While they are busy doing a debate of thieves, inoccupy bigla ng China ang Scarborough Island off the coast of Olongapo which is obvious naman na sa atin.

Ngayon, pati Spratlys na.

Nung nandito pa ang US bases, di nila magawa yun. Pabalikin kaya natin? kaso dami rin problems na dala ng undisciplined soldiers nila.

hay.

[ringostarr]

kaya nga dapat wag tayo mag-away kasi ang talagang problema eh nasa labas. external ika nga

a lot of our neighbor countries want to see us disunited. we are a big threat to all of them. I just dont get why filipinos dont see it this way. napakadami natin yaman from peopleware, to skills to being democratic to being religious and even our rich natural resources.

who would even think na being overpopulated or sending a lot of countrymen abroad would be a good thing for us? pero look at it now, it seems that no economical analysis/study na kahit sinong bansa even the US na mangyayari ang ganito. pero it happened. we ended up the strongest currency last year while yun mga dependent na countries sa Wall Street dinala din ng dollar ng pababa


the more we think that removal of leaderhip is the solution and not working with leadership wala na talaga mangyari sa'tin.

[fourtheboys96]

bakit ba lagi pino-point out na karamihan ng SC justices ay GMA-appointed?

yes totoo yun pero iyon ang nasa batas so alangan naman ndi siya mag appoint ng bagong justice kung may mag retire sa SC. kung ayaw nila ng ganung sistema, eh baguhin nila ang batas. it's that simple.

[badsekktor]

that's the sad reality! kahit sino naman ang maappoint sa kahit anong posisyon, sa ayaw at sa gusto mo, you have to acknowledge some debt of gratitude to the person who appointed you.

[ringostarr]

hindi naman binoboto sa eleksyon ang mga posisyon sa judiciary branch unlike sa legislative and the top executive branch

appointed doesnt mean sya lang pumili, syempre me proseso yan like yun mga ibang justices nagbotohan na sila. talagang ignorante lang ang iba sa'tin to think na pag inappoint always tuta

kahit naman sa private sector, appointing is just the same as promoting a position. boss din naman ang nag-promote.

[badsekktor]

appointed doesnt mean sya lang pumili, syempre me proseso yan like yun mga ibang justices nagbotohan na sila. talagang ignorante lang ang iba sa'tin to think na pag inappoint always tuta

yes, meron proseso but it is always the signature of the president that confirms the appointee.... so no signature means you dont get the job.

kahit naman sa private sector, appointing is just the same as promoting a position. boss din naman ang nag-promote.

that is exactly the point. you call the person responsible for your promotion, your boss. same thing with jobs, credentials are being reviewed and assessed by hr but the final say is with the boss so you owe your boss big time!

what i am trying to say is that it is a fact of reality that you kiss the ass or return favors for those who become instruments for your successes in life.

[Horsepower]

Kaya dapat kaibiganin natin ang USA ulit.

We might need their Atomic bombs again in the future when this island grabbing doesn't stop and starts war.

[ringostarr]

that is exactly the point. you call the person responsible for your promotion, your boss. same thing with jobs, credentials are being reviewed and assessed by hr but the final say is with the boss so you owe your boss big time!

what i am trying to say is that it is a fact of reality that you kiss the ass or return favors for those who become instruments for your successes in life.

so that's why we really cant do away with corruption. it's as basic as necessity of life. for instance, mangyayari din sayo yan if you get promoted or you promote someone pag older ka na. it's the same as pag may binigyan ka, gusto mo i-acknowledge naman binigay sa'yo or pag binigyan ka gusto mo tanawin utang na loob yun

kaya hindi dapat masyado pag-awayin sarili natin bec. of the issue of corruption.

if one will look at in another point of view, kung na-ngongorupt naman ang isang official, sa Pilipinas din naman napupunta. kasi sa pagkaalam ko iniinvest din nila na-corrupt nila. so parang money changed hands lang talaga.

we should concentrate more on how to beat our envious neighbors bec. once money flows in, there will be enough for everbody.

[shadow]

if one will look at in another point of view, kung na-ngongorupt naman ang isang official, sa Pilipinas din naman napupunta. kasi sa pagkaalam ko iniinvest din nila na-corrupt nila. so parang money changed hands lang talaga.

here we go again OB sa paniwala mo na ok lang ang corruptions :faint:

[shadow]

ito tingin ko magandang formula, para maalis na ang utang na loob sa mga politicians ng mga justices...tutal co equal govt naman sila sa executive eh so dapat sila na bahala kung sino dapat ma-appoint sa ranks nila...

Bill seeks to clip President’s power to appoint justices
By Jess Diaz
Saturday, March 29, 2008 Opposition Rep. Roilo Golez of Parañaque proposed yesterday that the Supreme Court and the rest of the judiciary be insulated from Malacañang and politicians to make justices and judges truly independent.
He made the proposal in the wake of widespread criticism that the tribunal’s ruling favoring Commission on Higher Education Chairman Romulo Neri’s invocation of executive privilege in the Senate on issues involving the controversial national broadband network deal continues to attract.
Nine members of the court, including newly appointed Justice Arturo Brion, the former labor secretary who did not hear oral arguments on the case, voted to uphold Neri’s decision not to answer questions about his conversation with President Arroyo on the deal.
Six members led by Chief Justice Reynato Puno voted to compel Neri to answer the senators’ questions about such conversation.
Golez said he would file a resolution to amend two sections of Article VIII (Judiciary) of the Constitution to remove the power to appoint justices and judges of lower courts from the President.
He said such power should be transferred to the Supreme Court sitting en banc.
He wants to keep the Judicial and Bar Council (JBC) which screens nominees to vacancies in the judiciary.
However, he suggested that JBC members be appointed by the SC, sitting en banc, instead of by the President.
He is also proposing that the secretary of justice and a representative of Congress be removed as ex-officio JBC members.
“This will make the Supreme Court and the rest of the judiciary self-perpetuating and truly independent. The selection and appointment process will be devoid of any presidential and political interference. The process, being en banc, will be collegial and balanced, not dictated by a single person,” Golez stressed.
He recommended a possible disqualification for nominees to the judiciary: No person can be appointed justice or judge if he has held a presidential appointment, Cabinet or sub-Cabinet, or has held any elective office, from mayor to president.
“This will prevent any speculation that there is a bias or prejudgment on the part of members of the judiciary, such as what is happening now with respect to members of the Supreme Court who served the President in a senior capacity or who held political positions.
Brion is the most recent appointee who served in President Arroyo’s Cabinet. He was appointed just days before the high court voted on the executive privilege issue. He obstinately refused to inhibit himself from voting despite repeated appeals from various sectors.
Another justice, Eduardo Nachura, served as Mrs. Arroyo’s chief presidential legal counsel. He is also a former congressman. He voted with the majority on Neri’s case.
Golez also urged the Supreme Court to prescribe a code of conduct for its members and justices and judges of lower courts.
He said justices and judges should have a “modicum of social aloofness to prevent too much fraternizing with members of society, each of whom is a potential respondent, appellant or officer appearing in their courts.”
Appeals for inhibition on the Neri case were addressed not only to Brion but to Justice Presbitero Velasco as well. Velasco was described as a “golfing buddy” of petitioner Neri, though he admitted playing with him at the exclusive Wack Wack Golf Club in Mandaluyong City only once or twice.
Inhibition appeals were also addressed to Justice Renato Corona, another former presidential legal counsel, whose wife sits in the boards of two state corporations and is a staunch supporter of Mrs. Arroyo who signed a manifesto of support published in national newspapers.
Golez’s proposed amendments to the Constitution will be contained in a resolution in compliance with the rules of the House of Representatives, under which such proposals can be introduced and will go through the normal process of legislation.
If the House approves the proposals, they will then be sent to the Senate.
Approved amendments will then be submitted to the people in a plebiscite.

[Monseratto]

Guess who has to sign that bill for it to become law. Golez is doing it for the publicity. Since him being in the opposition, he knows there is little chance of it getting passed.

Brion is the most recent appointee who served in President Arroyo’s Cabinet. He was appointed just days before the high court voted on the executive privilege issue. He obstinately refused to inhibit himself from voting despite repeated appeals from various sectors.
Another justice, Eduardo Nachura, served as Mrs. Arroyo’s chief presidential legal counsel. He is also a former congressman. He voted with the majority on Neri’s case.
Appeals for inhibition on the Neri case were addressed not only to Brion but to Justice Presbitero Velasco as well. Velasco was described as a “golfing buddy” of petitioner Neri, though he admitted playing with him at the exclusive Wack Wack Golf Club in Mandaluyong City only once or twice.
Inhibition appeals were also addressed to Justice Renato Corona, another former presidential legal counsel, whose wife sits in the boards of two state corporations and is a staunch supporter of Mrs. Arroyo who signed a manifesto of support published in national newspapers.

I guess that news quote is from the bias Network, matyaga maghanap ng dumi. ABS-CBN and the opposition is resorting to trial by publicity. Kulang na lang, everyone who were appointed by Gloria should inhibit themselves just because they were picked by her.

[badsekktor]

so that's why we really cant do away with corruption. it's as basic as necessity of life. for instance, mangyayari din sayo yan if you get promoted or you promote someone pag older ka na. it's the same as pag may binigyan ka, gusto mo i-acknowledge naman binigay sa'yo or pag binigyan ka gusto mo tanawin utang na loob yun

kaya hindi dapat masyado pag-awayin sarili natin bec. of the issue of corruption.

if one will look at in another point of view, kung na-ngongorupt naman ang isang official, sa Pilipinas din naman napupunta. kasi sa pagkaalam ko iniinvest din nila na-corrupt nila. so parang money changed hands lang talaga.

we should concentrate more on how to beat our envious neighbors bec. once money flows in, there will be enough for everbody.

well.... that is where dignity and principles come in....... the said positions cannot just be filled by anybody. The positions they held demands respect and reverence from others so we should also expect that the person that would occupy the position is deserving to have that respect.

holding a government position means serving the people and not vise-versa.... gone are the days of monarchical governance where the people serve those who are in the position...... well maybe not here in our country.........

[Monseratto]

Kailangan natin ata mga robot to run goverment. Para mawala ang human frailties which makes man suceptible to greed. Pero baka matulad naman tayo sa Matrix...