View Poll Results: Senate's verdict on CJ
- Voters
- 69. You may not vote on this poll
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Guilty!
58 84.06% -
Not Guilty
9 13.04% -
i couldn't care less
2 2.90%
Results 2,051 to 2,060 of 4211
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Tsikoteer
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- Sep 2011
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February 29th, 2012 07:12 AM #2051Ang hilig talaga magtapon mga lawyer ni noynoy.... Para sila nagiging basurero nito. hahahahha
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Tsikot Member Rank 2
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- Nov 2002
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February 29th, 2012 09:55 AM #2052
I know that dissenting opinion is SOP sa SC... it's how a justice justifies or explains his vote... shempre may sarili syang basis at dun nya ipinapaliwanag yung kanyang basehan kung bakit sya hindi sang ayon sa majority sa division or en banc...
ang napapaisip ako ay yung level ng kwento na naipalabas... yung detalye ng kwento.. kadalasan na nabasa ko na mga dissenting opinion is purely theoretical... legal theory or legal jurisprudence talaga... wala pa akong nabasa na nailabas sa dissenting opinion even a hint na may maniobra sa loob, be it in the justices themselves or sa proseso sa loob... maaaring i consider na in a way ay "old boys club" ang sc since di rin lahat ay maaaring ma appoint na SC justice.. they have their mga norms and traditions...
I don't suppose na ngayon lang nagkaroon ng maniobra sa SC (my opinion... maaaring mali ako)... pero ngayon lang (at least sa kaalaman ko) na may Justice na talagang naglabas ng mga ongoings within the SC through the dissenting opinion...
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Tsikot Member Rank 2
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- Nov 2002
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February 29th, 2012 10:06 AM #2053ito naman.. the beauty of the innovation of GMA era.. lahat (kahit si PNoy, no matter how hard they deny it).. nagagaya sa mga nagawa ni GMA.. noong binawalang lumabas ang all military and cabinet officers na lumabas sa senate / congressional inquiry in aid of legislation and of course re election... ginaya din ng SC..
SC is now on a self preservation mode... again, hindi kasalanan ni GMA na 9 ang na appoint nya sa 9 years nya sa panunungkulan, pag di sya nag appoint tuwing may bakante, it will be a dereliction of duty... kung ma impeach ang 9 na ipinaupo ni GMA, PNoy will be the one appointing their respective replacements, does it follow that lahat ng na appoint nya ay aayon kay PNoy para ibalik sa kanila ang Hacienda Luisita or itaas to 10B ang just compensation?
again.. ang sagot dyan.. baguhin ang constitution... baguhin ang proseso sa pagluklok ng mga judges at justices...
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February 29th, 2012 12:00 PM #2055
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Tsikot Member Rank 2
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February 29th, 2012 02:02 PM #2056again.. regardless if it was GMA.. PNoy... as long as you have the constitution as is... may possibility for a sitting president to pack the SC with all justices... requirement lang sa constitution is dumaan sa JBC... na politically composed din (or is it politically compromised).. even then, wala ng ibang provisions sa make up ng SC... like ilan ang dapat age between so and so... para mabilang and anticipate yung mga retirement.... it's probably (but perhaps unlikely?) na sabay mag retire (due to age<?>) say, ang 5 to 6 justices within a span of a 3 - 4 years... di pa kasama yung mga magkakasakit at mamamatay na justice habang nanunungkulan... walang rules sa JBC na nagsasabi na dapat ganito ang make up ng SC justices...
kung lalagyan ng rules.. magiging mas malinaw... shempre nasa rules na naman uli yan kung may maniobra pa rin o wala...
sa current setup... mathematically possible na makapag appoint ng 5 - 6 justices isang presidente... and that scenario makes it possible uli na kumikiling ang mga justices ayon sa sino ang nag appoint sa kanila...
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February 29th, 2012 02:12 PM #2057
Well, not totally. Meron din check and balance sa mga appointment sa judiciary.
Appointees to the judiciary (from lower court judges to SC justices) are selected by the President from a list prepared by the Judicial and Bar Council whose members are the Chief Justice, a member of Congress, the Secretary of Justice, the IBP President, a professor of law, a retired member of the SC and a representative of the private sector.
The last four, I think are appointed by the President subject to the consent of the Commission on Appointments.
It's really the quality and character of the appointments to the judiciary the past 9 years that's really unconscionable. Yes, the President is required under the law to make an appointment in the event of a vacancy. If he or she starts appointing persons with no honor or integrity, that's when law and justice is truly subverted.
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February 29th, 2012 02:12 PM #2058
Malinaw na bawal ng mag appoint ang outgoing president 2 months bago sya umalis. She already has the majority of Justices on her side. Why still force a CJ appointment which she's no longer legally allowed according to the constitution? Why?
Nililihis mo eh, tapos bigla mong tumbokin ang Luisita. Ang layo.
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Tsikoteer
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February 29th, 2012 02:17 PM #2059Article 2 may decide Corona's fate
by Jojo Malig
MANILA, Philippines – It's Article 2 or bust.
Chief Justice Renato Corona's future in the Supreme Court could be decided by impeachment complaint's Article 2, law experts said Tuesday.
Atty. Raul Pangalangan, former dean of the University of the Philippines College of Law, told ANC that the article, which pertains to Corona's alleged failure to disclose to the public all of his assets, liabilities and net worth, as required by the Constitution, is the make-or-break issue in the impeachment complaint.
"Prosecution strongest in Article 2, weaker on Articles 3 and 7 both on factual and legal (angles)," he said.
House prosecutors have managed to bring under public eye the alleged undeclared properties of Corona, as well as contents of his bank accounts that were allegedly not disclosed in the Chief Justice's statement of assets, liabilities, and net worth (SALN) that he is required to file every year.
Prosecutors have yet to get their hands on Corona's alleged dollar accounts at Philippine Savings Bank, which has secured a temporary restraining order (TRO) from the Supreme Court.
Pangalangan, however, clarified that the information regarding Corona's alleged properties and bank accounts have yet to be formally accepted as evidence by the Senate impeachment court.
The defense wants the information thrown out because it was allegedly disclosed illegally.
"Difficult scenario for the prosecution. There is a pending motion by the defense to strike out ill-gotten evidence. Most of what they alleged is article 2. If the prosecution is putting most of its eggs in article 2, then we have perfect nightmare for the prosecution," Pangalangan said.
'Fruit of poisonous tree'
Senator-judge Francis Escudero, however, said in an earlier interview with dzMM that the defense can't use the "fruit of the poisonous tree" legal doctrine in the Corona case.
Prosecutors have also cited a 2006 Supreme Court ruling on a case filed by former President Joseph Estrada against the Sandiganbayan, which said that the "fruit of poisonous tree" principle does not apply to the Bank Secrecy Law that covers peso accounts.
Atty. Tony La Viña of the Ateneo School of Government echoed Pangalangan's analysis of the Corona case.
"Article 3, there's nothing there. Article 2, there have been accounts not disclosed [and] I will be open to what the defense will show by way of explanation. Article 7, there is something to be rebutted," he said.
Article 3 accuses Corona of violating the Constitution and betraying the public trust in allowing the Supreme Court to act on mere letters filed by a lawyer that caused the high court to "flip-flop" on decisions.
It also alleges that Corona has "excessive entanglement" with Pampanga Rep. Gloria Macapagal-Arroyo because the former President appointed Corona's wife to office.
Article 3 also claimed that the Chief Justice talked to litigants on cases pending before the Supreme Court.
Article 7 of the impeachment complaint, on the other hand, accuses Corona of betraying public trust by allegedly working behind the scenes for the Supreme Court to grant a temporary restraining order on the government's travel ban against Arroyo and her husband.
Prosecution rests case
Prosecutors rested their case on Tuesday and formally dropped the 5 other articles in the impeachment complaint.
It will next be the defense's turn to show evidence and present witnesses to counter the prosecution's allegations in the 3 remaining articles of impeachment.
La Viña said he was surprised with the prosecution's decision to resting its case early. "I was surprised. The prosecution raised a lot of expectation weeks ago."
"I've always thought much of impeachment is about policy," he said.
He added that the prosecution did not really need to present more witnesses and in the end, it was about argument -- which he believes the prosecution fell short.
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February 29th, 2012 03:46 PM #2060
brenda: "blah-blah-blah-blaaaahhh! rat-tat-tat-tat-tat-taaaaaatttt!"
Choice I would have made as well.:nod:
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