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SC decisions
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Hear hear J. Cruz. Sabi ko na the Frivaldo case had something more to offer than the plain language of the law. Sometimes it could be frustrating to study law, when the SC Justices themselves are not following the law. They could weave reasons to accommodate their whims and even make you believe that White is Black or the other way around (in many cases na). There are a lot of flip flopping with major decisions. As a good professor would say "The Supreme Court is supreme, but they not always correct." As a recommendation these kind of decisions should be marked then thoroughly discussed and analyzed by the profs with their students, looking at other angles and a possible political color behind (dun sa mga questionable decisions lang). Coz it's already confusing us sirs and ma'ams. Also I recommend to mark these decisions and be scrapped from everyday recit. (LOL!! hhahha) Mabuti pa let's read J. Cruz:

The ‘supremacy’ of the Supreme Court

By Isagani A. Cruz
Philippine Daily Inquirer
First Posted 21:55:00 04/26/2008

WHEN A PATIENT DIES DUE TO MEDICAL incompetence, the matter is hushed up, the victim is quietly buried, and the case is soon forgotten except by the bereaved family. When the Supreme Court commits an error, ignorantly or deliberately, the case is published in the newspapers, perpetuated in the SCRA, and becomes the law of the land.

In Mabanag v Lopez Vito (78 Phil. 1), the Supreme Court dismissed the complaint that the proposal to give Parity rights to the Americans violated the numerical requirements for the amendment of the Constitution. Influenced if not dictated by President Manuel Roxas, the majority justices held that the question raised was political in nature and so beyond their jurisdiction. It took all of 10 years for the case of Tañada v Cuenco (100 Phil. 1101), rendered by a wiser tribunal, to reject that false doctrine.

Martial law degraded the Supreme Court into a mere lackey of Ferdinand Marcos, like the AFP and the Batasang Pambansa. Judicial subservience sustained the villainies of the regime, with Javellana v Executive Secretary (50 SCRA 33) and Legaspi v Secretary of Finance (115 SCRA 478) among many other decisional obscenities.

The latest was Garcia Padilla v Enrile (121 SCRA 472) that, besides extolling the immunities of the despot, held that rebellion was a continuing offense that could justify the arrest of a suspect, whatever innocent act he may be doing at the time, without need for a judicial warrant. Incredibly, that doctrine was affirmed in Ramos v Umil (187 SCRA 311) that was rendered by the reorganized Supreme Court still enthralled by the ousted tyrant.

After Edsa 1, Imelda Marcos was convicted of graft and corruption by the Sandiganbayan. She elevated the case to the Supreme Court, where its Third Division chaired by Chief Justice Andres R. Narvasa affirmed the judgment. Contrary to its own rule that a decision of the Division was not appealable to the Court en banc, the full Court reviewed the conviction -- and reversed it.

All but one of the justices who acquitted the petitioner in Marcos v Sandiganbayan (297 SCRA 95) had been appointed by Imelda’s conjugal partner. Other appeals from a Division to the Supreme Court en banc have not been similarly allowed in strict compliance with the excepted rule.

Twice ousted from his elected position as provincial governor for being a naturalized foreigner, Juan Frivaldo was finally allowed to retain the office after he reacquired Philippine citizenship in administrative proceedings begun and completed the same day. To the claim that he was still an alien when he filed his certificate of candidacy for the disputed position, he was lamely deemed to have retroactively regained his former status when he ran for election in several earlier polls.

Obviously a “lutong macao,” Frivaldo v Commission on Elections (251 SCRA 727) was unconditionally supported by only four justices; pro hac vice (only for that case) by four; only “in the result” (but not its reasons) by three; with two dissenting, and the last two not taking part.

In Lewis v Commission on Elections (497 SCRA 649), the Supreme Court held that dual citizens could vote in Philippine elections although they did not have the residence qualifications required by the Constitution. Filipinos with exclusive and total allegiance only to this country must strictly comply with the rules in the fundamental law, but not the “duals.” The Court held that “there is no provision in the dual citizenship law -- RA 9225 -- requiring ‘duals’ to actually establish residence and physically stay in the Philippines before they can exercise their right to vote.”

The decision was unanimously approved by the 15 members of the Supreme Court, including the chief justice then, none of whom must have read Sec. 5 of the law. It clearly states that dual citizens “intending to exercise their right of suffrage must meet the requirements under Section 1, Article V, of the Constitution…”

Under that provision, voters “shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election.” The only recognized exception is where the absentee Filipino never abandoned his residence in this country while abroad for employment purposes, studies, government service, and other like reasons.

The decision in the current case of Neri v Senate (G.R. No. 180463), March 25, 2008, was written by Justice Teresita L. de Castro and concurred in by eight other justices, all of them appointed by President Macapagal-Arroyo, except Justice Leonardo Quisumbing. The six who dissented were also appointed by Ms Arroyo, except Justice Consuelo Ynares Santiago, and were led by Chief Justice Reynato Puno, who was by-passed for one year to accommodate a junior colleague before he was finally named to his present position.

I mention these facts because they are as important as the arguments pro and con the constitutional issues raised in the motion for reconsideration of the Neri case. They could even be more decisive than the legal disputations when the Supreme Court rules on the political strife, “with finality” but not necessarily wisely and without fear.

May 4, 2008 | 3:06 PM Comments  0 comments

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THE HORSE’S LANGUAGE (adapted)
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There was a country priest who bought a horse. The man who sold him the horse told the priest that he made a very good choice because the horse was raised in a religious atmosphere.

“You don’t say ‘Giddiyap’ to make him start, Reverend,” the man said. “He wouldn’t respond to that. You have to say ‘Praise the Lord.’ And don’t say ‘Whoa’ if you want him to stop. Say ‘Amen’.”

After paying, the priest mounted the horse and said, “Praise the Lord.” The horse cantered off towards his church. However, after a few miles, a mad dog darted into the road and scared the horse. It took off so fast across the open field, toward a cliff bordering a river two hundred feet below.

Frightened, the priest forgot the instructions given to him and frantically shouted “Whoa!” as he pulled the gorse’s reins, but the horse kept running. Finally, he remembered and yelled “Amen!”. The horse stopped at the very brink of the chasm.

The priest heaved a sigh of relief. Wiping his forehead, he said, “Whew! That was close. Praise the Lord!”

May 1, 2008 | 4:21 AM Comments  0 comments

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They Won By Default
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Today was supposed to be my first swimming competition. Unfortunately, me and my teammates were late for the scheduled call time. As a result, the Seniors won by default.

I was supposed to compete for breatstroke this lex celebrationis. I'm just a beginner. I just learned the sport 2 years ago. But I decided to sign up to represent the freshies, out of fun, games, friendship and to do something novel. BEcause I know swimming is not my thing i decided to put a little effort. To have somehow what they call "fighting chances". So even though i'm tired after class and I have a lot of readings piled, I took time to hit the pool and do laps. At 3am i jog around our place. Also, me and my teammates- JP and Colleen did some land training at the UP Acad Oval after class. Added to that I got sick for several days.

Tapos we lost it by default lang, tsk tsk... But of course we take full responsibility for it. We were late eh.. even though it was just for a couple of minutes.. We learned our lesson the hard way. :(

Anyhoo, more time to train for next year. :D Moral lesson: Always be on time. hahahha

Kitakits na lang next year. Ahu! Ahu!