Legal ‘threats’ ok, not bullying sabong critics see

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A widely admired constitutional law guru reportedly said that “[s]tatutory provisions and executive orders antedating the Constitution and incompatible with the the Constitution no longer have any effect.”

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EO No. 292, which independent Raissa Robles has dissected, came on July 25, 1987. It did not antedate the Consti, wich was ratified in February, 1987. So my submission is that it is colorable and entertainable to argue that the two documents stand and should be read and given effect together. PNoy’s mother, who had a year of law before marrying Ninoy, cannot be presumed to have enacted an unconstitutional order, given his powerhouse legal team headed by Joker Arroyo, all experienced craftsmen, cum bar topnotchers who had obtained their master’s abroad.

Power of the purse?
PD No. 1177 provides for automatic appropriation to pay debts. No lender would loan to us if he has to deal with hundreds of lawmakers and Cabinet members every year pleading on bended knees to get paid.

PD No. 1949 created a Judiciary Development Fund (JDF) authorizing the Chief Justice alone to decide what to do with the money stripped from the hides of litigants in our eristic society. The JDF should be kept, perhaps even increased, but there should be wider authorization and transparency. We need an accounting on what has been done with the billions since 1984 when the decree came out, so we can better understand Manila courthouses’ dismal shape. Cross-border transfers to Baguio mansions, cars, foreign travel, curtains, etc.? Is the requirement for quarterly accounting to ALL executive judges observed? My students, for years have struggled, with a promised passing grade, but nada.

PNoy just had a new issuance decreeing higher death benefits for employees, per an old PD.

I doubt that in these cases, Congress alone can act.

Sure, PNoy had threatened the Supreme Court (SC) – with a motion to reconsider, a legal and judicial (not extrajudicial) threat, in its home court at that. The accepted institutional arrangement. But “[e]xperience has taught lawyers that such a motion is generally inadvisable. It is hard work for them and at times, even harder work for the court. At the very least, it adds to the demands on their time. And it is usually denied; having studied the case, heard the arguments, and deliberated on the judgment, the members of the Court are not likely to change their mind. So a motion for reconsideration has been described poetically as `love’s labor lost,’ and more prosaically as `an utter waste of time, labor and good white paper’.”

Why then such motion? Because the decision lays down not just bad law, but dangerous law, in PNoy’s view.

Lawyers regularly threaten to hale someone to some court, so?

Anyway, it is unlikely we’ll have a reprise here of Tactaquin v. Palileo; on September 29, 1967, the SC ruled one way, unanimously. The loser moved to recon. On December 29, 1967, the SC reversed, unanimously! Note the SC working between Christmas and New Year, a practice abandoned long ago. The lawyer: a certain Florenz D. Regalado, my teacher who holds the record in bar exam grades, 96.7%. Last we met a decade ago, he was still grousing about a miscorrected answer of his in an estafa question in criminal law. For crying out loud. I tell my studes if they break Flor’s record with a 96.71 and spotted a miscorretion, just take it and not bitch anymore.

PNoy made no threat of salvaging, “disappearing,” torturing,etc.. No comment, said the Supreme Court, most prudently, instead of making patol the Sabong Journalists galore.

The SC will circle the wagons, natcherly. Paninindigan na po. Human nature. In my decades as a litigator, I may have succeeded with a motion for recon no more than twice.

We have an unelected SC which can declare an act as unconstitutional. Fine, but how it can tell the elected “you have not only abused your discretion, but gravely at that” — seemingly not understanding its martial law provenance Chief Justice and ConCom Delegate Roberto Concepcion had in mind. Arguably, the local praxis makes it the Most Powerful and therefore the Most Dangerous Branch, in my view. I am not aware of any country with a similar arrangement. Certainly, not the US, the foreign fundamental law I am most familiar with having taken a course on it in Harvard Law.

Our SC let go the clearly unconstitutional appointment of Rene Corona as CJ, Sec. 15 of Art. VII of the Consti notwithstanding. It bans midnight appointments. His, on May 17, 2010, was post-midnight, when GMA was supposed to be caretaker, not undertaker.

The people, thru their reps in Congress, nullified the egregious ruling and reversed the SC, via impeachment, a national inquest, and Rene was rendered jobless on May 29, 2012. Now this cockamamie tale that PNoy bribed a year later. Bribery is done kaliwaan to prevent kataksilan?

Lebron James may be the flavor of the week in the sporting world here, where balon cesto prevails over balompie, with Germany being the toast elsewhere. Lebron is returning to Cleveland, which is apparently not reminding the prodigal son with “el recuerdo de tu traicion.” So balon cesto in Spain or balompie in Brazil.

Here, sabong seems to remain king, particularly in journalism. Must we continue to be a circular firing squad in a nation of soltadores, if I may mix my metaphors? Anyway, nice to see yesterday that retiring Derek Jeter shone in the major league’s All-Star game. Besoboru was one game we used to shine in and compete with Japan.

But, sabong may now be our No. 1 national pastime.

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13 Comments

  1. nice article Atty. Saguisag…
    Keep on enlightening every closed-minded Filipinos..

  2. Many times in the past, SC flip-flopped on their decisions. Twice, during Gloria’s reign, the Pork Barrel was upheld as constitutional.

  3. Jarina kashka on

    Shame on you Atty Saguigag!
    So what if you went to harvard law? Does that make you more human and more Filipino than the average man on the street?!!!!
    You are obviously a PNOY lapdog! shame on you because you are a lawyer and loyalty should be on the constitution, not your ex-bosses’ son!

    ANG DAPAT SA YO SAGUISAG EH KASTIGUHIN MO YANG SI PNOY NA GAMITIN ANG UTAK NYA AT SABIHAN MO NA MAG ISIP MUNA BAGO MAGDALDAL SA HARAP NG KAMERA DAHIL PURO KAPALPAKAN LANG SYA!!!

    SA GINAWA NI PNOY LAST MONDAY, MALAPIT NA SA IPALIBING NG MGA PILIPINO SA POLITICAL CEMENTERY WHERE HE BELONGS!

    IN FACT, HE IS ALREADY THERE! PNOY IS NOW POLITICALLY DEAD!

  4. BantayKurapsyon on

    i still see a tinge of yellow in you atty. saguisag. i hope that your fickle old brain (mind?) can still analyze the wrongs made by your pet Pnoy.

  5. yeah one year of law as against the expertise of the 13 justices of the supreme court. pls open your eyes. our loyalty should be to country and not blindly to any personality.

  6. SALVACION CAHAYAG on

    Saguisag is a known fanatic of the yellows. That’s why even if it is clear as day that
    this mentally sick president has been acting as a gangster, this fanatic saguisag
    is still defending him. A mediocre lawyer that he is. Instead of enligthening the
    already oppressed Filipino, he still have the temerity to defend this madman.
    The supreme court 13-0 vote for the unconstitutionality of the DAP is without
    any doubt proved that this kanto boy in malacanang has clearly violated the law.
    This president act like an uneducated brat who if he does not get what he wants,
    he act as a kanto boy. As a lawyer Mr. saguisag, what can you say about this
    president calling his yellow gangsters to wear yellow? Instead of calming the people,
    he divides them. This really the problem which is now proving to be catastrophic that
    this president like what former Senator Arroyo said is surrounded by PEOPLE
    OF LESSER MINDS.

  7. Ed Peñalosa on

    Saguisag’s opinions are yellow-coated, he invokes loopholes instead of norms. Wala ka na Rene, lumipas na ang panahon mo. BTW re” Cry’s code vs 1987 consti, don’t rely on the dates but on the spirit of the text. The 1987 consti rendered the Cory code void. masyado mong pinapalusot ang mga dates.

  8. Why does ex Sen. Rene Saguisag not join the King PNoy administration maybe as Solictor General, Chief DOJ or head of his legal team. The manner which Mr. Saguisag twist and spin laws to favor PNoy is much too obvious. Now he is better than what, 14 or 13 Justices and other noted constitutionalists. Rather than be an ordinary lawyer and columnist, Saguisag can use his expertise in helping PNoy wiggle out of the mess he is into at present.

  9. ILVING TABIOS ZAMORA on

    DEAR PNOY:

    Ingat please sa pagtulong sa mga nasalanta ng bagyo.

    Please ensure whatever help you extend is in the national budget scheduled for 2014.

    Kasi, baka “UNCONSTITUTIONAL”!!!

    Respectfully Yours,

    ATTORNEY AGATON

    • Did you just crawled out under a rock? This punk ass of a president of yours never [expletive deleted – Mod] helped victims of calamities. He’s always missing in action whenever a calamity hits the nation. His minions go to the affected areas just for show but keeps the funds for themselves. Even foreign donations are not spared by his minions. By the way, how much is your take from the dap?

  10. Ang dami pang nagmamarunong na illegal luminaries gaya ni Saguisag at lalo na ang mga taga palasyo palasyo at kung anoanong Administrative Codekurakot at hol-DAP, samantalang dito lang naman yan nagkakatalo. Anyone who interprets the law or the Constitution including self-declared legal luminaries, is a pretender, period. Hala basa Rene Saguisag:

    “Article VIII – JUDICIAL DEPARTMENT

    Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

    Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.”

  11. All these trouble should be blame to LP minions as they install PNoy as Prez candidate He displays arrogance and pride at all time. My daughter who is 7 yrs old at that time, commented on his speech- oh, he is so rude when he speak, and he is the president of Pinoy land? (she meant Philippines) That’s not so nice of him….