De Lima order to hold Arroyo is it unconstitutional ?

[niwde11]

pero sa ginagawa ni De Lima pde daw mag file ng political asylum si GMA sa ibang bansa



From Atty. Raymond Fortun

I never liked the Arroyo's. They trumped up the charges against Erap so they can seize power illegally. People don't know this, but the Erap camp was told that he would be convicted and THEN pardoned --- in OCTOBER 2003 or more than 3 years before he was IN FACT convicted and pardoned. Incidentally, all those justices (except 1) who convicted him were appointed to the Supreme Court -- by Gloria Arroyo. *whistle whistle

But that being said, and with all due respect, i'm against De Lima's stand to defy the Supreme Court order to allow GMA to leave. De Lima is a lawyer, an 'officer of the Court', and she is bound under her lawyer's oath to give due respect to the Court and be an instrument for people to respect the Court -- even if the latter is (in her opinion) wrong.

Law students nowadays are learning how erroneous the Supreme Court was in declaring that Erap had "constructively resigned" (a non-existent ground in our Constitution to remove a sitting President) in 2001 and legitimized GMA's reign. But you did not see me ranting and raving about the injustice. The most that i said in interviews was, "I have a contrary opinion about the issue, but i am an officer of the court so i am duty-bound to respect the Court's order."

As the Erap illegal ouster has created a monster that is GMA, the De Lima defiance of the Supreme Court may create a bigger monster -- A POSSIBLE ANARCHY WHEN PEOPLE START THINKING THAT THEY CAN DEFY COURT ORDERS AND STILL GET AWAY WITH IT.

i am also not a fan of you atty fortun but i have to agree with you just like with ping and chiz.

you cannot broadcast to the media na mapapakulong mo si GMA kung under investigation pa or di pa airtight ang laban. btw,, one of the plunder cases was dismissed. medyo yun din ang pinakaweak. tingnan mo sila gma sila sila lang ang nakakaalam na me macoconvict si erap at mapapardon. mga di pa dapat sabihin e broadcast na. tapos pa natanso sasabihin bias ang SC. when ba naging fair ang SC. but we need an SC to be the final arbiter of the land. and besides they cannot enforce, they just interpret the law.

kitang kita naman sa pananalita ng mga magagaling ng senador ping at chiz. me kalaban sila sa popularidad next election. si media conscious de lima. de lima is riding the bandwagon na gustong sumikat at the expense of a corrupt official. ilan ba ang na-elect last election na ang tanging ginawa e maging anti-GMA at wala namang sinabing gagawin para umakyat ang bansa natin.

btw, di naman tayo constitutionalists so wag na tayo mag marunong kung constitution ang pag uusapan. heheheh

[niwde11]

eto punot dulo.
De Lima courts constitutional crisis to cover up incompetence | The Inbox - Yahoo!

media mielage talaga habol nya. san ka ba naman nakakita ng binubuo pa lang kaso e puro press release na ng mangyayari. ayan tuloy naungusan ni pandak sa batas.

[wowiesy]

tagal na tayong talo brad..ala na tayong itatalo pa..

I dont think so... Parang financial markets. Minsan akala mo rock bottom na but for some reason may ibababa pa pala... Minsan akala mataas na yun pala may itataas pa.

[wowiesy]

i am also not a fan of you atty fortun but i have to agree with you just like with ping and chiz.

you cannot broadcast to the media na mapapakulong mo si GMA kung under investigation pa or di pa airtight ang laban. btw,, one of the plunder cases was dismissed. medyo yun din ang pinakaweak. tingnan mo sila gma sila sila lang ang nakakaalam na me macoconvict si erap at mapapardon. mga di pa dapat sabihin e broadcast na. tapos pa natanso sasabihin bias ang SC. when ba naging fair ang SC. but we need an SC to be the final arbiter of the land. and besides they cannot enforce, they just interpret the law.

kitang kita naman sa pananalita ng mga magagaling ng senador ping at chiz. me kalaban sila sa popularidad next election. si media conscious de lima. de lima is riding the bandwagon na gustong sumikat at the expense of a corrupt official. ilan ba ang na-elect last election na ang tanging ginawa e maging anti-GMA at wala namang sinabing gagawin para umakyat ang bansa natin.

btw, di naman tayo constitutionalists so wag na tayo mag marunong kung constitution ang pag uusapan. heheheh

I can think of one... Nung prior 2007 elections ang ingay sa House. Panay ang tira kay FG... Ayun nung nanalo sa Senate tahimik super. Nitong huling mga buwan nag iingay na naman at matatapos na ata term nya sa 2013 kaya kailangan magpa kilala uli...

[tomboy]

Kung icontempt ng supreme court si delima, sino police agency magserve nito?

[Altis6453]

This is a good take:



More drama than is good for us
DEMAND AND SUPPLY By Boo Chanco (The Philippine Star) Updated November 18, 2011 12:00 AM Comments (2)

I was thinking, while watching the high drama of last Tuesday evening that all that hoopla can’t be good for us. If we can only channel all the energy and passion of that evening’s real life soap opera into something more productive, we will probably become a first world country in no time. Unfortunately, we are having our fun and games at the expense of the nation’s development.

I have two thoughts on what happened. It would probably have been easier for the P-Noy administration to just let her go as the Supreme Court ruled she could. But that would have made the government look helpless in its drive to make officials accountable for their actions while in public office. The judicial bullying of the Arroyos, with the unfortunate connivance of the Supreme Court would have rewarded such unwanted and unwarranted behavior.

As a non-lawyer, it was confusing to listen even to the words of the Court Administrator. Earlier in the afternoon, he said that the*DOJ and the Solicitor General’s office would be served a copy of the TRO for compliance. I guess the legalists among us would call media reports mere hearsay and only the actual signed order from the High Court is officially actionable.

Later in the evening, he said they failed to serve a copy at the DOJ because they came after five in the afternoon and so he said media reports would serve as sufficient notice to government of the SC’s TRO. The news about the TRO came out as early as two in the afternoon. DOJ is just a few steps away from the Supreme Court. If the Court Administrator really wanted DOJ to get a copy, they could have done it within the three hours between the news break and close of office hours. DFA used to be in the building now housing the SC and I had no problem going back and forth from DFA to DOJ several times a day as a reporter when I covered both beats.

I think the failure to serve the TRO was premeditated. Even if every media outlet reported the same story, DOJ needed the TRO order in black and white. The position DOJ took that evening would have been more difficult to make if there was proper service of the order. I think delaying service of the order and causing the problems that happened was part of a script. The Arroyos must have badly wanted to deliver a strong message to the Aquino administration on who really is still the boss.

It was also unfortunate that media coverage that evening was confused. They had a lot of air time but they were saying the same things over and over and not enough information on the issues at hand. The Arroyos won the propaganda war that evening. They had more air time and the visual of a neck-braced Gloria Arroyo being lifted into a wheelchair from an ambulance was meant to win sympathy as she is portrayed as a suffering underdog. From my many years in media and media relations, it looked scripted… planned by a good director worthy of a FAMAS award.

Media should have provided more context on the issues at hand which could have been provided by the dissenting opinion of Justice Antonio Carpio. But I only heard of the Carpio opinion after the drama was over. The dissenting opinion suggests that the Arroyo loyalists in the Court were rather unreasonable to fast track the issuance of the TRO.

In his dissent, Justice Carpio wrote that he is voting “to defer action on petitioners’ prayer for a temporary restraining order until after the Government files its Comment and after oral arguments are heard on the matter. This should take not more than five working days, which is brief enough so as not to prejudice petitioners in any way.”



Justice Carpio pointed out that “in fairness to the Government which is tasked with the prosecution of crimes, this Court must hear first the Government in oral argument before deciding on the temporary restraining order which if issued could frustrate the Government’s right to prosecute. The Government must be heard on how the charges against petitioners could proceed while petitioners are abroad.”

I am sure many fair minded people will agree the concerns raised by Justice Carpio are very reasonable. This is more so because medical experts have already said that there is no urgency in the former President’s condition that makes a trip to a foreign expert a matter of life and death. That being the case, her constitutional right to travel is not being curtailed as much as precautions are just being put in place to make sure she will be around to answer charges once these are filed.

Curiously, SC Associate Justice Maria Lourdes Sereno in her dissent, noted the issue focuses on a Department of Justice (DOJ) Circular (No. 41) issued by the Arroyo administration. “The Arroyo Government must be presumed to have believed in and implicitly represented that it is valid and constitutional. An explanation from her must be heard on oral argument on why this no longer seems to be the case.”

In fact, DOJ points out the Supreme Court has already recognized its power to issue a watch list order two years ago, when the Court upheld a similar order given by then DOJ Secretary Raul Gonzalez in 2007.* Then Justice Secretary Gonzalez placed Fr. Robert Reyes and 49 others under the immigration watch list while they are under investigation for rebellion.

I reject the suggestion that P-Noy was just being mean to his predecessor. Given the many instances wherein prominent personalities have been able to effectively escape accountability by fleeing abroad, the Justice Secretary has an obligation to make sure this big one will not be the next such case. Otherwise, she would also be guilty of negligence.

*It would have been easier for P-Noy to just let her go and should she and her husband eventually seek asylum abroad, it would be easy to lay the blame on the Supreme Court and delight in an Arroyo lawyer’s promise to castrate himself. In fact, I was thinking that this was the best option for government to take, if the only consideration was public image. After all, even with the current Supreme Court’s less than savory image, citizens still want to see everyone following its orders for the sake of having the image of rule of law prevailing in our country. Two branches of government in bitter conflict cannot be reassuring.

It is not an easy dilemma the administration faced. The constitutionalist Fr. Joaquin Bernas voiced the opinion that she has the constitutional right to travel. Yet, the Jesuit also told GMA News, “if Gloria leaves, nothing can compel her to come back. If she doesn’t come back she will never be tried in court.”

It was a calculated risk on the part of the P-Noy administration to take the hard position they did. But if they lost some brownie points for doing that, those are brownie points well spent. It showed the administration had the guts to make difficult decisions, even one that may make it unpopular.

What they did was to effectively serve notice that this kind of judicial bullying will not work. The Arroyos cannot hide behind the protective cloak of her SC appointees now or in the future, pitting one branch of government against another. The administration served notice that two can play a game of cat and mouse.

The unfortunate thing is that the drama that unfolded live on television didn’t show us or our government in the most positive light, at a time when some world focus was on us due to US State Secretary Hillary Clinton’s visit. Maybe media can also do some soul searching and think of ways of intelligently covering similar future events with more thought and less melodrama. Media must realize they are there to help form informed public opinion and not to merely satisfy our national craving to be usiseros.

Hopefully, everyone will sober up in the next few weeks, months or years and we can all concentrate on the urgent task of economic development once and for all.

[CoDer]

^ Good read.

Sums it all up.

[CVT]

Political will....

14.4K:out:

[shadow]

Kung icontempt ng supreme court si delima, sino police agency magserve nito?

Mga sekyu ni mikey or pwede rin si Midas Marquez administrator ng SC...

[tomboy]

^
Eh kung ganun wag na sila tawagin supreme. Ampaw court kinakalabasan nila. Ang NBI under DOJ pa rin?

Si delima lawyer pero ayaw sumunod sa supreme court ah. Baka madisbar yan.