Just pray that with the retirement of Associate Justice Minita Chico-Nazario today, the voting on the motion for reconsideration that the Commission on Elections would be filing on the deplorable Nachura Dec. 1 decision would change.
The vote on the Supreme Court decision penned by Associate Justice Eduardo Nachura declaring as unconstitutional the provisions in the election laws that consider appointed officials resigned once they filed their certificates of candidacy was 8-6.
Those who concurred with Nachura,were Justices Nazario, Renato Corona, Presbitero Velasco, Teresita de Castro, Arturo Brion, Lucas Bersamin, and Mariano del Castillo,
Those who dissented were Chief Justice Reynato Puno, Justices Antonio Carpio, Conchita Carpio-Morales, Diosdado Peralta, Martin S. Villarama, Jr., and Roberto A. Abad.
With the retirement of Nazario, those who concurred with Nachura would be down to seven. Pray for the enlightenment of at least one of those justices for the sake of democracy in this country. As CJ Puno said in his dissenting opinion, “The importance of the coming May 2010 national and local elections cannot be overstated. The country cannot afford an election which will be perceived as neither free nor fair. It is the bounden duty of this Court to protect the integrity of our electoral process from any suspicion of partisan bias. The people should see judges and justices wearing judicial and not political robes. A court that cannot elevate itself above politics cannot protect the rule of law.”
Anybody who still doubts the destruction that Gloria Arroyo has caused the judiciary should take a close look at the Nachura decision..
The decision, applicable to appointed officials, may not directly apply to Arroyo, who considers herself “elected” although the truth is she was never elected by the Filipino people to the position of president that she had held for nine years. But I imagine that Arroyo and her advisers would hope that the Nachura decision would temper the people’s outrage over her lack of delicadeza of staying while running for a congressional seat in the second district of Pampanga.
It will benefit her because her appointed officials who are running for election like cabinet secretary Silvestre Bello III. Bello, a senatorial candidate, and others can campaign on time being paid for by taxpayers, using government facilities.
This is, by itself, already a misuse and abuse of power. If they win, you can just imagine the kind of morality that they bring in to public service. If they lose but administration presidential candidate Gilbert Teodoro wins, they yet remain in their positions.
The anomaly of this decision on the petition filed by election lawyer Romulo Makalintal ( who is also the lawyer of Arroyo and her political spokesman) in behalf of Eleazar Quinto and Gerino Tolentino, both employees of the Department of Environment and Natural Resources, is best summed up by the warning of Associate Justice Carpio: “ This is a disaster waiting to happen.”
In his dissenting opinion, Carpio said, “ One can just imagine the anomaly, conflict and tension that will arise if the Provincial Director of the Philippine National Police, or the Philippine Army Commander whose troops are stationed within the province, will file a certificate of candidacy for governor of the province on 1 December 2009 for the 10 May 2010 elections. If the PNP Provincial Director or Army Commander is not considered automatically resigned from office, he has until the start of the campaign period on 26 March 2010 to remain in his post, in command of hundreds, if not thousands, of fully-armed personnel.”
Ferdinand Rafanan, head of the Comelec legal department said it is the Nachura decision that is unconstitutional.
He echoed the justices dissenting opinions citing constitutional provisions that “No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.” (Art IX, part B, Sec. 2 (a)) and “No member of the military shall engage directly or indirectly in any partisan activity, except to vote.” (Art XVI, Sec 5 (3).
The S.C. in my view needs to re-asses their decision in this case. For a long period of time, people are patient because they believe in Justice, at least at the Supreme Court level, and that justice eventually will prevail, no matter how long the wait. If time comes that majority believes that justice will never be possible in this land, then anarchy may prevail, courtesy of the GMA administration, as can be seen when they exert themselves, regardless of reason, even to a point of many sufferings from hopelessness and injustice, at all levels.
Nowadays, it’s common to hear about disappearances and/or deaths politically, even journalists are target. The level of corruption/thievery in government is all time high and the greed for power uncontrolled, a very evident condition leading to anarchy. With the Supreme Court politicized, this will end our Democracy.
This is the real disaster happening now! And it’s just a matter of time before it blows out of proportion.
We should stop asking GMA to reconsider; we should instead put a STOP to her self-centered destructive ways, by using any legal and moral way possible, to save ourselves, our country and our future.
(Only, we can’t vote her out nationally but I hope her Kabalens see the reality.)
TONTO talaga itong si Nachura…hudas yan eh coz’ isa yan sa nagtraydor sa EDSA DOS? I remembered him na isa yan sa proSICKutor noong impeachment ng Pangulong Erap.
Obvious talaga…traydor na e hudas pa, kailangang hubaran ang hoodlums in uniform coz’ sinalaula na ni Davide ang Korte Supressma at nagkaroon pa ng DOJ sicretary like Gunggongsalez e talaga walang aasahan ng pagbabago sa ating bansa.
Imagine…dapat ang Korte Suprema ang final arbiter para sa Katotohanan e ang dami ngayon diyan na spoiled eggs kaya wala sa pagtino ang hustisya.
Wake-up doon sa mga may natitira pang katinuan ng pag-iisip sa Korte Suprema na ibangon nýo ang naghihingalong hustisya sa ating bansa or else wala kayong aasahang respeto sa taong bayan.
Nakakasura talaga itong abugago na Nachura. Alangan naman na hindi niya alam na iba ang appointed kesa elected officials. Ang elected ay nanggaling sa mamamayan ang awtoridad na magsilbi sa bansa; ang appointed ay inilagay lang sa pwesto ng elected leader na sa kaso ni Gloria pandakekak ay peke pa ang authority.
Ang sarap sapakin sa punong-tenga nitong si Arturo Brion, palibhasa ay magkamukha at magkakatawan sila ni Pidal. Parang kambal ang itsura nila.
Ang mga sipsip na SC justices ay walang karapatang magtagal sa pwesto dahil tulad ni Gloria ay binabalewala nila ang Pinas Konstitusyon. Hindi pa matigok ang mga letseng yan!
There’s no need to cha cha to amend the constitution. It’s already being done by the justices of Gloria. They are already re-writing the constitution piece by piece to suit the appointing master.
Scheduling or tabling of cases to be discussed is made by the Chief Justice. So, had CJ Puno delayed it a bit, it would have been 7-7. You need a majority to declare a law unconstitutional, so upheld sana ang batas.
In reverse fashion, CJ Puno could have speeded up the tabling of the Romulo Neri case, when he still had Sandoval-Gutierrez in the Court.
Ginagawa din ito sa Supreme Court of the United States. Kaya delayed ang Brown v. Board of Education (segregation) dahil hinihintay ni Hugo Black and William Douglas na sila na ang maging majority.
Bakit nawala sa isip ni CJ Puno yan? Sayang!
P…mo Nachura isa kapa naman associate justice hudas ka… hindi mo ginagamit ang utak mo isa kang bobong associate justice. bayaran hudas.
On the question of undue advantage that appointed officials may have over their rivals in elections, I want to point out that elected officials enjoy the same advantage over their opponents unless they resigned, at least. In other words, why criticize only appointed officials when elected officials have such an advantage. The reason that the latter are elected and are mandated to finish their term is a lame excuse to substantially distinguish them from appointed officials, which the Supreme Court considered in the ruling.
If you want a fair election, let those running, appointed or elected, resign from their posts and run. Of course, this is not going to happen. But please stop blaming the Supreme Court for the ruling if you cannot force elected officials from quitting when they seek reelection or any other posts.
“With the retirement of Nazario, those who concurred with Nachura would be down to seven. Pray for the enlightenment of at least one of those justices for the sake of democracy in this country.” Ellen
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Presbitero Velasco should have inhibited himself from voting due to conflict of interest, since his son, Lord Allan Velasco (who is currently the provincial administrator of Marinduque)is running for the province’s lone seat in Congress.
With the retirement of Chico-Nazario and hopefully Velasco’s shamefacedness and delicadeza (rare nowadays) the voting will go 6-6 and it will solve the problem.
Does Arroyo understand equal protection of the law or equal opportunity?
She is chief executive with the power of appointment and removal, head of state, head of the government; director of the national budget, including the pork barrel,and commander-in-chief of the Armed Forces, will be running against someone ???? as FVR said…
“equal opportunity” was never a goal or a mission by this current administration. This country is a big prison. She is monopolizing the weaknesses of her own people. The people then may never be free.
Si Nachura ang isa sa mga na appoint ni GMA na true blooded politician. Luhaan palagi sa congressional elections simula pa ni Cory at nanalo nang si GMA na ang nakaupo pero hindi na re elect ng congressman sa Samar. Kahit talo, sinalo ni GMA at ginawang Chief Legal Adviser ng palasyo at ginawang Solicitor General hanggang maappoint sa Supreme Court. Silang dalawa ni Dante Tinga ang mga politicians turned SC justices.
Ngayon, heto ang Nachura pinapastol ang ibang justices sa decision na alam nya, bilang professor, ay untenable pero dahil kay GMA, nilulon ang moralidad. Silang dalawa ni Alex Magno ang tinuturing kong intellectual prostitutes.
Expect more decisions like these na kahit sa CJ Puno hindi masusunod sa tabling of cases at 8 ang kalaban nya.
Ms. Ellen, baka ka mas masahol pa ang ipapalit kay Nazario dahil alam ni GMA na dapat “kanya” ang justice na iaappoint nya lalo na kung may mag pa reconsider ng decision na ito.
P…mo Nachura isa kapa naman associate justice hudas ka… hindi mo ginagamit ang utak mo isa kang bobong associate justice. bayaran hudas?
Este Barabas…alam mo Igan Destroyer, itong si Nachura e tuta yan ni Gloria…kaya mahirap pagkatiwalaan at isang abugago na walang inisip na maganda para sa bayan?
Katulad din yan nina Wetnes Apostol, Gunggongzales, De Vera, Marcelo, Davide, at marami pang iba…na puro pahirap sa bayan.
Next naman kung matutuloy ang declaration of martial law sa Maguindanao ay kung paano paiikot ikutin ni Nachura na tama at napapanahon ang martial law.!!!
Itong si nachura at si macalinta ay dapat i untog ang mga ulo gamit ang backhoe. Mga abugadong pahirap sa bayan.
Nagpapakadisente pa’t sibilisado.
Ako ang magtutuloy.
P…na mo, kupal ka, Nachura!
Kapal ng mukha mo!
From Manuel Diaz:
What can you expect, if you appoint idiots and morons in the Supreme Court you get idiotic and moronic decisions. Example the Nachura ponente ,Nazario, Corona,Velasco, de Castro, Brion and Bersamin all idiots and morons in robe.