By Raïssa Robles
Just a short note on this matter.
There are a number of people who would be interested in seeing Senator Grace Poe disqualified from the presidential race.
But there is one person who must be looking with intense fascination over this latest twist : former Senator Richard Gordon who placed 13th in the 2013 senatorial race that Poe had topped.
If it is ruled that she did not fulfill the two-year residency requirement to run for senator, then Gordon joins the Senate!
It may just be a happy coincidence for Gordon that Rizalito David, who recently filed the case to have her Senate victory annulled, belongs to the Ang Kapatiran Party. Kapatiran’s presidential candidate in 2010 was JC de los Reyes, nephew of former Senator Gordon. JC de los Reyes’ mom and Gordon are siblings.
I’m not saying at all that Gordon is behind this move to have Poe’s Senate victory rendered moot and academic. All I’m saying is that he is a natural interested party in this issue.
How Senator Poe handles this issue will show what stuff she is made of. For her camp to brand this plain and simple harassment is not doing her much good because the public is also eager to know the truth.
UPDATE: as of 11:16 AM, August 18, 2015 – I was just asked on Twitter why these disqualification cases were coming out only now, when Senator Poe was flying high. I replied, because no one knew much about Sen. Grace Poe’s status. There was presumption of regularity.
Mel says
Paki SET your date with Poe.
Mel says
Fruit from a barren tree?
Excerpt –
“She is not only a Filipino citizen. She is a natural-born Filipino as well.
“These were manifested in government documents—including a Bureau of Immigration certification and several Supreme Court rulings—submitted to the Senate Electoral Tribunal (SET) by Sen. Grace Poe to prove her assertion that she is a Filipino.
“One of the documents is a July 18, 2006, order issued by then Immigration Commissioner Alipio Fernandez Jr., through Associate Commissioner Roy Almoro, declaring that Poe, having been born to Filipino parents, was “presumed to be a natural-born Philippine citizen.””
Source: http://newsinfo.inquirer.net/719795/poe-presents-papers-proving-citizenship
Emphasis Mine
—
Signed as ‘for‘?
Did GP misrepresented herself to “order issued by then Immigration Commissioner Alipio Fernandez Jr., through Associate Commissioner Roy Almoro”
wrong Spelling
Or between two cross-eyed pals, Jus became ineligible?
Huwag ko nang i soli, i sanguni na lang
Jus … Jus … sus mariah!
Mel says
Latest comments from other CPMERS
– https://raissarobles.com/2015/08/26/dear-lawyers-pls-make-these-detained-lolos-a-test-case-for-enriles-bail-from-supreme-court/comment-page-3/#comment-331968
– https://raissarobles.com/2015/08/26/dear-lawyers-pls-make-these-detained-lolos-a-test-case-for-enriles-bail-from-supreme-court/comment-page-3/#comment-332405
Rene-Ipil says
Mel,
“One of the documents is a July 18, 2006, order issued by then Immigration Commissioner Alipio Fernandez Jr., through Associate Commissioner Roy Almoro, declaring that Poe, having been born to Filipino parents, was “presumed to be a natural-born Philippine citizen.”
Poe was PRESUMED NBFC because she was BORN TO – in tagalog, iniluwal o inianak ni – Susan according to the sworn declaration of Poe in her petition (Annex 7). Under the rules of court such presumptions could be rebutted by convincing evidence like the judicial decree of adoption (Annex 2) of Poe’s Verified Answer. BTW Poe’s judicial admission that she was adopted by Susan needs no further proof.
Poe did not state in her petition that she was born to unknown parents, being a foundling, to put into play the international laws she relied on for her NBFC. And assuming that Poe is right in claiming that she was NBFC by international laws, maybe the BID could be right also in presuming that she was born to Filipino parents. But Poe insisted in her petition that she was born not only to known parents but to a very popular couple – the king and queen of the Philippine movies.
Since Poe’s sworn statement in her petition is false on material points, the presumption of law that Poe was NBFC must fail. Consequently, the approval of Poe’s petition in Annex 10 has no legal effect. And Poe has failed to reacquire Philippine Citizenship IAW RA 9225.
Not being NBFC Poe must vacate her senatorial seat ASAP.
Mel says
@Rene, salamat for the refresher.
The keyword used by the BI Commissioners to justify the Certification for Grace Poe on July 18, 2006 is ‘presumed’ (http://dictionary.reference.com/browse/presumed, 2.
Law. to assume as true in the absence of proof to the contrary).
Without Due Diligence, at face value (na star struck kaya? o naawa because of FPJ’s passing away)
At that time, the BI Commissioners can still be wrong by mere presumption, with out having a unadulterated evidence to prove she was NB. To date, based on what we know now, it was wrong or careless of them to ‘presume’ Grace Poe was a NBFC. Where did they base their presumption from (e.g. US and/or PHIL Passport)? Or by word of mouth, hearsay?
Not fully convinced
I think they (BI Commissioners) knew that GP was not NB, but they acceded with the proviso, by an act or insertion of ‘presume’ (as non conclusive).
From that BI Certification that was approved based on presumption is inconclusive. As a former citizen of the Phils., Grace Poe’s reacquisition of NBFC under the Republic Act No. 9225 is, IMO, inadmissible, if not unlawful. She never was a Natural-Born, her bio parents were naught when found. A foundling, adopted child to, NOT born to, FPJ & Susan Roces (who is barren BTW).
Am I entitled to my opinion, onerous or not?
Republic Act No. 9225 is only for Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. (see Section 3, Republic Act No. 9225)
YOU & other CPMERS, have done more research on this, and we have commented so many times on these in past articles of RR. This is just a comment refresher.
As I have commented before, many of the answers to GP’s citizenship woes can be answered from her BC details (Take note: Municipal or Health Center issued Birth Certificate may not necessarily be thesame with NSO’s system copy).
In GP’s dilemma, ‘Born to ‘ was misused, misapplied (wrong diction or choice of qualifier), deliberate or not.
As per the 1935 Phils’. Constitution, GP is not a Natural-Born Citizen of the Phils (for the nth time). There is no provision or law in the said constitution that automatically assign, grant or award a foundling either a Natural-Born or Naturalized Filipino Citizenship. Republic Act No. 9225 doesn’t even apply to her.
GP and her camp, can quote all or any UN Convention or International Law they want.
It remains, no Phils. Court of Law has heard, decided or granted Grace Poe Natural-Born Filipino Citizen status, past or present. SET is not the right Court to grant or affirm her NB Citizenship, but accommodate petitions, questions or complaints to her eligibility as a Senator, as per R David’s complaints.
‘Immigration Commissioner Alipio Fernandez Jr., through Associate Commissioner Roy Almoro’ may have committed a “grave abuse of discretion” that they “approved Poe’s application for the cancellation of the alien and immigrant certificates and the issuance of certificates for the retention and reacquisition of Filipino citizenship to her and her three children pursuant to Republic Act No. 9225, or the Dual Citizenship Law. They submitted their application on July 10, 2006.”
Ready, SET?
How will the SET Panel treat GP’s ‘born to’ clause in her Certificate?
Mel says
@Rene, my ‘comment is awaiting moderation.‘
baycas says
The international trend [Read: “customary” (usually practiced, almost like a norm) and “conventional” (in compliance with established international conventions or guidelines on nationality laws)] exemplified DOMESTIC LEGAL REFORMS (that is, “passed legislation” and “enacted statutes” for foundlings) as clearly, undoubtedly pointed out by Poe’s lawyers on pp. 74-75 of Poe’s Verified Answer and as I had pointed out with ASEAN Member States’ good practices (excluding the Philippines) on children born of unknown parents (despite all ASEAN nations not acceding to and ratifying the 1961 Convention on the Reduction of Statelessness) citing a UNHCR document and a 2015 thesis by Sangita Jaghai entitled “Statelessness and Transnational Migration: The role of States as duty-bearers to address statelessness in the ASEAN region under international law.”
Now, as regards Senator Manuel Roxas’s statement that foundlings are “few and far in between” during a 1934 deliberation by the Constitutional Convention:
The 1935 Constitution declared the Philippines a jus sanguinis (right of blood or right of descent) country. This is contrary to the jus soli doctrine (right of the soil or right of birthplace) that international conventions dictate in determining foundlings’ nationality and hopefully to be incorporated in a country’s nationality law. (Even up to now, we are still a jus sanguinis country.)
But in the 1935 legal instrument (the one governing a child born, for example, in 1968), the framers specified a constitutional provision accommodating a probably equally few or possibly fewer type of citizens who will AUTOMATICALLY be granted a natural-born Philippine citizenship on account of being born in the Philippines (jus soli application).
The 1935 Constitution in its ARTICLE IV, CITIZENSHIP, Section 1:
“The following are citizens of the Philippines:”
There could have been other established aliens who got elected to public office earlier than the date when the 1935 Constitution took effect as the fundamental law of the Philippines BUT there was one Fermin G. Caram, a public official and a 1934 Constitutional Convention delegate, who benefitted from the provision stated above. He was born of Syrian parents.
Article IV, Sec. 1(2) is the sole exception to the rule of granting the “right of blood/descent” bestowed on Philippine citizens after the adoption of the 1935 Constitution.
It is possible that Caram’s very fortunate position is shared by others but it is also probable that he may be the lone beneficiary of such a rather odd EXCEPTION to the jus sanguinis rule. The foundlings, possibly equally few or probably greater in number compared to Caram’s situation, weren’t given the ‘priced’ constitutional provision and, parsing the elder Manuel Roxas, the right of foundlings to a nationality were just ‘left to chance.’
Statutory construction dictates that when the Constitutional Convention enumerated only a single exception to the jus sanguinis rule then it could readily be inferred that there are NO other exceptions. The legal instrument, the 1935 Constitution, must likewise internally be consistent.
A particular section of the 1935 Constitution should NOT be inconsistent with the rest of the entire fundamental law even though it says in its Article II, Sec. 2 that “the Philippines xxxxx adopts the generally accepted principles of international law as part of the law of the land.”
The 1935, 1973, and 1987 Constitutions mandate Philippine citizenship by “right of blood/descent” while domestic legal reform which is “conventionally” laid down by international law and “customarily” practiced abroad will mandate Philippine citizenship by “right of the soil/birthplace.” If this happens, there will eventually be inconsistency…unconstitutionality.
baycas says
On Caram:
An excerpt here:
Read the full text here:
http://www.geocities.ws/kabatuhan/Digital/letter.htm
baycas says
The SET that will decide first…hopefully not the last tribunal…
http://www.rappler.com/newsbreak/iq/104662-senate-electoral-tribunal-grace-poe
baycas says
I always believed Grace Poe may be a champion for the PH foundlings’ cause of AUTOMATICALLY becoming natural-born Philippine citizens. I wanted her to run for higher office for this.
I challenged her opponents before to challenge her citizenship because there is still NO specific Philippine law that will AUTOMATICALLY grant natural-born status to PH foundlings by applying the “right of the soil” to them. The Philippines, after all, is a jus sanguinis (“right of blood”) country since the 1935 Constitution took effect.
I sure hope that this ongoing Supreme Court route will help the foundlings Poe is perceived (by some) to be championing or Poe is somehow trying to project she is championing.
Recently, as we already know, in her Verified Answer to the challenge on her citizenship, Poe was observed to declare:
Yes, foundlings have the right to a nationality but you must bestow them this right by “passing legislation” or “enacting statutes” (as Poe herself noted in her Verified Answer pp. 74 and 75). This is the international trend (“customary” and “conventional”) as Poe’s lawyers clearly, indubitably stated.
In fact, most ASEAN countries, save for a few including the Philippines which never created a legal provision for the foundlings, went for the required LEGAL REFORM in aid of those children with unknown parentage.
Now, as a parallel and possibly concurrent path to the SUPREME COURT ROUTE petitioner David had undertaken and Poe is now facing, I again challenge the Philippine Government to go through the RATIFICATION ROUTE (and/or Legislation Route) in order to help PH foundlings, like Poe (adult) and my hypothetical pediatric Baby Marciano, receive their Right to a Nationality…albeit retroactive in nature (like the CRC and the ICCPR).
Perhaps even Poe and her supporters, former CJ Panganiban and Harvard-trained lawyer Tan included, will join in the clamor to immediately require the Philippine Government to once and for all accede to and ratify the 1961 U.N. Convention on the Reduction of Statelessness.
This will also hopefully signify that we are one on this…
For we are all HIGHLY SENSITIVE to the plight of all the foundlings found here in the Philippines.
baycas says
On the ASEAN trend (good practices) as regards statelessness, one may read the mini-thread here:
http://raissarobles.com/2015/06/12/senator-grace-poe-thanks-me-for-baring-us-govt-records-that-she-dropped-her-us-citizenship-in-2012/comment-page-1/#comment-308583
baycas says
These were my June 18, 2015 comments in the mini-thread linked above:
1/4
Speaking of ‘practice,’
What have been good practices seen in ASEAN countries since 2010?
See unhcr.org/4d7de47f9.pdf
One of which is creating safeguards against statelessness by accomplishing domestic legal reforms.
2/4
ASEAN Member States: ten (10).
asean.org/asean/asean-member-states
3/4
Those who made legal reforms…
arno.uvt.nl/show.cgi?fid=136452
4/4
Baby Rojing (another hypothetical child) comes to mind…
http://arno.uvt.nl/show.cgi?fid=136452
—–
Page 17 of the thesis cited above contains a table of the international agreements relevant to ASEAN Member States. Philippines is the only one that ratified the 1954 U.N. Convention on Statelessness (and started to accede to the 1961 Convention only in 2011). Other member states are not Parties to both conventions.
And yet, six of the ASEAN Member excluding the Philippines provided domestic legislation for foundlings.
baycas says
I always believed Grace Poe may be a champion for the PH foundlings’ cause of AUTOMATICALLY becoming natural-born Philippine citizens. I wanted her to run for higher office for this.
I challenged her opponents before to challenge her citizenship because there is still NO specific Philippine law that will AUTOMATICALLY grant natural-born status to PH foundlings by applying the “right of the soil” to them. The Philippines, after all, is a jus sanguinis (“right of blood”) country since the 1935 Constitution took effect.
I sure hope that this ongoing Supreme Court route will help the foundlings Poe is perceived (by some) to be championing or Poe is somehow trying to project she is championing.
Recently, as we already know, in her Verified Answer to the challenge on her citizenship, Poe was observed to declare:
Yes, foundlings have the right to a nationality but you must bestow them this right by “passing legislation” or “enacting statutes” (as Poe herself noted in her Verified Answer pp. 74 and 75). This is the international trend (“customary” and “conventional”) as Poe’s lawyers clearly, indubitably stated.
In fact, most ASEAN countries, save for a few including the Philippines which never created a legal provision for the foundlings, went for the required LEGAL REFORM in aid of those children with unknown parentage.
Now, as a parallel and possibly concurrent path to the SUPREME COURT ROUTE petitioner David had undertaken and Poe is now facing, I again challenge the Philippine Government to go through the RATIFICATION ROUTE (and/or Legislation Route) in order to help PH foundlings, like Poe (adult) and my hypothetical pediatric Baby Marciano, receive their Right to a Nationality…albeit retroactive in nature (like the CRC and the ICCPR).
Perhaps even Poe and her supporters, former CJ Panganiban and Harvard-trained lawyer Tan included, will join in the clamor to immediately require the Philippine Government to once and for all accede to and ratify the 1961 U.N. Convention on the Reduction of Statelessness.
This will also hopefully signify that we are one on this…
For we are all HIGHLY SENSITIVE to the plight of all the foundlings found here in the Philippines.
Ariel Anthony Tizon says
Hi Guys
kindly read Sen Poe’s answer to the case filed by Rizalito David. A copy can be accessed in Rappler.
on a personal note, the cases I cited in my previous comments about her citizenship and residency issues were also mentioned..
kind regards,
Ariel Anthony Tizon
baycas says
The presumption that foundlings follow the jus soli doctrine in acquiring Natural-born Philippine Citizenship is likewise based on presumption because no concrete legislation (safeguard) was done.
The Philippine Government may be said to be ‘insensitive‘ to the plight of the foundlings considering one Convention was unratified up to the present.
Please see Baby Marciano’s case in comparison to Baby Andrew here: https://raissarobles.com/2015/06/09/us-government-records-sen-grace-poe-dropped-her-american-citizenship-in-2012/comment-page-2/#comment-306860
Ariel Anthony Tizon says
Just asking.
In order to avail of RA9225 one has to submit an NSO certified Birth Certificate proving the applicant a natural-born Filipino citizen since the law can only be applied to natural born Filipino citizens who lost their citizenship and want to reacquire it through RA 9225.
Did Sen Poe do so? If yes, does the document survive legal scrutiny?
baycas says
Maybe you can follow the documentary evidence of Grace Poe as regards your query.
I believe she was only presumed natural-born Philippine citizen based on her NSO-certified Foundling Certificate.
The legal scrutiny will now be placed upon the Supreme Court. In the process, the Supreme Court may do an encompassing decision to hopefully ‘constitutionally’ grant natural-born Philippine citizenship to all PH foundlings (jus soli doctrine application on a basically jus sanguinis Philippines).
The scrutiny and decision I may label as ‘legal acrobatics.’
But that’s the SUPREME COURT ROUTE, which is well on its way.
However, there is also eventual hope for foundlings when finally the U.N. Convention on the Reduction of Statelessness will be acceded to and ratified by the Philippines. This RATIFICATION ROUTE (possibly parallel and concurrent path), the effect of which applied even retroactively, is the way to go because it is “customary” and likewise “conventional” (international trend*) to institute legal reforms in countries upholding the jus sanguinis principle.
In fact, in most ASEAN nations, save for a few including the Philippines, specific legal provisions were created to bestow the Right to a Nationality of children born from unknown parents. But, then again, the Philippine Government must make the law constitutional…
—–
*Please see pp. 74-75 of Poe’s Verified answer on “passing legislation” and “enacting statutes.”
Mel says
Great forecast @baycas.
I. Supreme Court to take jurisdiction. Anticipating a precedent again?
What if it is a repeat of the SC J Bersamin, Arroyo 8 supreme debacle?
II. Will the next batch of Reps and Sens finally ratify what your clamoring for and in behalf of foundlings (‘I pray Baby Marciano and other PH foundlings will be gratified‘)?
Will Sen G Poe be its author? Remains to be seen, that is if she wins round 1 from SET.
dalisay says
i have found myself thinking which oligarchs will be able to manipulate the next president. it is not only poe/escudero , binay/?, or roxas/? that i must look at. it is also who are behind this people. not having a machinery and having to be adopted by a party “who are the oligarchs that poe will be beholden to?”
dalisay says
correction: these people (not this people)
impex123 says
OT: Inspiring message for the youth by Leni Robredo.
http://www.rappler.com/thought-leaders/103458-leni-robredo-ordinary-way-extraordinary
Rene-Ipil says
Really edifying and inspiring message by Leni Robredo not only to the youth but for all Filipinos.
Through Leni’s advocacies while practicing law, Jesse learned a lot and successfully applied such ideas to his Naga constituents as mayor. And in his death Jesse’ advocacies permeated Leni’s course to their rightful conclusion as the congresswoman from Camarines Sur.
I foresee that Leni would become a better president than PNoy and Roxas in 2022 because in Leni the country would have both of Jesse and Leni. BUY ONE TAKE TWO. That chemistry is lacking in PNoy. Nor do I expect same from Roxas for Korina has different advocacy than Leni
vander says
a new recipe on the chef’s chart.
start brewing…:)
Ariel Anthony Tizon says
Leni Robredo IS NOT Jesse Robredo. As the case in Philippine politics people run for public office by clinging on the coattails of either a famous husband, family, or mum/dad.
Let us judge the candidates on their own merits.
vander says
i agree, sir.
imo, we can clearly differentiate merits on leni vis-a-vis gp.
i can see that gp’s known merit clings on fpj’s silver screen fictions.
dzandueta says
If only a critical mass of voters can be trusted to vote candidates on their merits.
Ancient Mariner says
The decision forced by the Arroyo 8 is bad.
The question I would ask is, “How does this affect (or infect) all other decisions involving these cowboys?”
I’d like to think that Sereno and Carpio managed to keep the cowboys’ toes on the line but I’m not naive enough to believe it.
Kalahari says
The new “humanitarian doctrine” by the otso-otso gang will become a new jurisprudence that could be invoked by gma and others similarly situated but not pogi and sexy who are still young and healthy, unless they begin feigning illness and wearing neck braces.
Rene-Ipil says
” A Black Swan is a metaphor or figure of speech that describes an event that is totally unexpected but has a major effect.”
http://www.philstar.com/opinion/2015/07/05/1473393/black-swans-and-2016-elections
A Black Swan has indeed arrived. An event that has a major effect on “matuwid na daan” which path Roxas swore to follow scrupulously. If allowed to prosper, the SC decision on Enrile’s bail would trash and pervert our constitution. And it would place PNoy’s fight against corruption on the back burner and would put whatever gains earned into waste.
Now is the opportunity for Roxas with the help of PNoy to rally the people’s representatives – congressmen and senators – to do the right thing by impeaching and convicting the Arroyo eight. Roxas should not wait till he wins as president in 2016. For that time may never come because the perverted SC decision on Enrile’s bail would open the floodgate of more to come. BINAYS, GMA, Jinggoy, Revilla, Gigi, Napoles, etc. are on the line. Count also the BBL, EDCA, etc.
Indeed, Binay and Poe already welcomed and embraced Enrile’s fortune. Among the presidentiables today ONLY Roxas holds the mantle of “matuwid na daan.”
Nevermind 2016. Seize the day – Carpe Diem. Damn the torpedoes. Mar Roxas, you are the man of the hour. We, the Filipino people are behind you.
vander says
agree.
sec. mar, do it now. we are now your boss. as our successor to pnoy
do it fast. DM is now at stake.
Ancient Mariner says
The decision forced by the Arroyo 8 is bad.
The question I would ask is, “How does this affect (or infect) all other decision involving these cowboys?”
I’d like to think that Sereno and Carpio managed to keep the cowboys’ toes on the line but I’m not naive enough to believe it.
Victinluz says
Dahil sa pagiging BIAS ni PNOY kaya nag BOOMERANG sa ating LEGAL SYSTEM at sa atin ang mga ilang bagay na ILINIKO ni PNOY mismo sa kanyang LANDAS na DAANG MATUWID….ngayon kayong mga taga ROXAS , papaano ninyo ( masang Filipino ) kami mapapaniwala na HINDI SUSUNDAN ni ROXAS ang maling nagawa o ginagawa ni PNOY kung siya ay magiging P natin sa 2016? That SC ruling ay kagagawan mismo ni PNOY…BIAS sya otherwise hinid sana umabot sa ganyang sitwasyon o sa ganyang desisyon sina J Bersamin and 7 others…MALI sila pero mas malaking KAMALIAN ang hindi pagsama sa mga inakusahan sina ABAD at iba pa..
rasec3 says
Ang babaw mo @victinluz pero hanga ako sa iyong political hindotry ??
Victinluz says
Rasec @how can you say na mababaw ako ? My reasons are valid … Ikaw ano? You just rely on the news and the justifications ir comments of BIAS ROXAS CPMErs and you belived thrm already… Where are you @rasec @? Bayaran ka ba ni ROXAS?
Rasec3 says
@Victin, first nobody is paying me,, I’m not rich, I’m just sort of lucky, blessed perhaps, because my daily needs in life were met, like food on the table,, stable job, good education for my children,, that’s why medyo tumaas ang pananaw at prinsipyo sa buhay…I cant vote anyway, my point is this- the only way the para umangat ang Pinas ay maituloy ang Daang Matuwid na si Mar ang flag bearer, maitaas ang trust rating ng Pinas para sa mga foreign investors, ito na ang umpisa ng pag-angat ng pinas dahil ang mga E voters ay umpisang makakamit yung daily needs in life…. bottom line is Mar is the best person to attract foreign investors to create jobs..Binay? fixed rate,, GP is Overrated,,.. Mar is Underrated but he is the right guy..
greenpea says
political hindotry. natawa ako dito a. thanks for enriching my vocabulary.
Rasec3 says
Thanks @greenpea, it makes me lol too, it is the opposite of political punditry, you know learned man with facts,, but the one who twisted the truth politically like @victin I call them one..
Rene-Ipil says
CJ Sereno must now do her job of ensuring that justice is done after the INJUSTICE that the Filipino people suffered from the Arroyo eight. Sereno must now cause the removal of the Arroyo eight for violation of the constitution, betrayal of public trust and lack of competence and probity. Sereno, as chief magistrate, must now file an impeachment complaint in congress. There are witnesses who have PERSONAL KNOWLEDGE of the constitutional violations committed by the Arroyo eight. They are:
CHIEF JUSTICE MARIA LOURDES SERENO
ASSOCIATE JUSTICE ANTONIO CARPIO
ASSOCIATE JUSTICE ESTELA PERLAS-BERNABE
ASSOCIATE JUSTICE MARVIC LEONEN
These witnesses participated in the deliberation of the case and the formulation of the SC decision. They wanted to adhere to the constitution and serve justice to the Filipino people. But the Arroyo eight secretly conspired to mislead them, to grossly violate the constitution and to ultimately betray the Filipino people. They PERSONALLY HEARD AND SAW how the Arroyo eight committed the offense.
CJ Sereno and her three colleagues mentioned above could do NO LESS. Otherwise, they should RESIGN and leave it to the Filipino people to solve the problem
Mel says
@Rene
Do you think an impeachment proceeding can succeed in the House (Reps, Sens)?
Or not feasible, possible since a change over would take place post 2016 elections for new batches of Cons & Sens?
Presidentiables Mar, Poe, Binay, et al doesn’t seem to have an opinion on the matter, yet.
Vhin AB says
I won’t be surprised if a congressman will file an impeachment case against the 8 SC Justices. But the problem is if it will move forward since Enrile is hell bent in protecting the EVIL 8. I’m sure that Tanda can arm-twist a lot of Congessmen and Senators due to past favors. Politics and corruption at its best.
rasec3 says
As I said, the Supreme Court should be destroyed to save it, do you think CJ Sereno has the will to do it? One thing I’m sure about is Pilipino people will support the whole process, mag halo na ang balat sa tinalupan ika nga.. Nakakainis na talaga.. ??, sobra dami Ng SC justices… Sa USA ay 9 Lang and we don’t address them as honorable..
Parekoy says
Bersamin and the 7 Lawyers of Enrile
As it turned out Bersamin et al are actually the lawyers of Enrile by pretending they are esteemed honorable SC Justices!
Decided na sila sa outcome na bigyan si Enrile na makapag-pyansa, tapos nag imbento na sila ng palusot para palabasing legal ang decision nila.
Ang matindi sa bastusan na ito eh ang baba ng tingin nila sa ating mga Pilipino na bibilhin natin ang kanilang unconstitutional na decision.
Kahit simpleng tao lang na marunong magbasa ng English eh napaka klarado ng ating constitution.
Non-bailable ang plunder o ano mang capital offense kapag ang ebidensya ay malakas. Wala sa ponente ng SC na binanggit na mahina ang ebidensya dahil ang Sandiganbayan muna ang mag determina. Pero kung sa motion ng mga abogado ni Enrile eh sinabi na mahina ang ebidensya at pinayagan ng SC eh parang na usurped din ng SC ang tungling pagdinig ng kaso ng plunder ni Enrile.
Mas lulusot sana ang SC kung sinabi nila na mahina ang ebidensya laban kay Enrile kasi subjective yan at within the interpretation ng evidence although na-short circuit ang processo dahil inagaw na ang trabaho ng Sandiganbayan pero debatable at pwedeng maging bagong jurisprudence.
Pero kung dahil lang sa old age at medical condition, yan ay wala sa intent ng constitution dahil kung ganon pala pag matanda ka na at marunong mag sakit-sakitan eh bail agad. Sa precedent na ito eh sunod ng lalabas si Gloria!
Hanggang ngayon mali pa rin ang pang unawa ng SC mismo kung bakit nakapiring si Lady Justice, akala nila nagtataguan lang at samantalahing gumawa ng kalokohan dahil ang hutisya ay walang nakikita. Ang simbolong nakapiring ang hustisya ay di para magbulagbulagan kundi maging bulag para pantay ang trato sa mahirap o mayaman, sa ordinarying mamamayan o makapangyarihang mamamayan.
Etong sila Bersamin et al ay pinagpilahang gahasain ang ating batas at hustisya ng lantaran sa harap ng mga Pilipino at mga nakatawa pa at nakakainsulto pang hamunin kung tayo ay may angal!
Ako may angal, kayo?
Mel says
Ang Sandiganbayan, hindi pa-aangal kaya tumakbo ang kampo ni JPE sa SC for bail petition.
Nag-laglagan na sa SC, aangal kaya ang apat na kumontra for reconsideration because of Bersamin’s ‘circumventing of SC’s internal rules/protocol?
Ang OMB aangal din kaya? And seek a review or reconsideration
Can the gov’t prosecution seek a review or reconsideration of the JPE Bail judgement to the Supreme Court?
WILL dissenting 4 SC Justices (incl SC CJ Sereno) review their internal rules/protocol, its lapses and reconsider their earlier bail judgement that favored JPE.
Among the many implications and ramifications unforeseen because of Bersamin’s ‘sly of hand’ (en toto 8 SC Js) to favor, grant JPE a bail – others in incarceration for nonbailable offences will definitely follow suit to bail petitions to gain freedom.
Vhin AB says
@Parekoy, posible rin naman na sa tagal ni Enrile sa pulitika ay may mga bagay na pinanghahawakan siya sa mga Justices na ito. Either na utang na loob or merong mga uncompromising situation na pwedeng ilabas ni Enrile kapag di siya pinayagang makapagpyansa.
Malalim na si Tanda sa kapangyarihan at maugat ang impluwensiya niya. Marami siyang hawak at si PNoy ang isusunod niya na titirahin lalo na kapag bumaba na sa posisyon. Pero sa ngayon ay dapat PATALSIKIN ANG 8 SC JUSTICES!
NHerrera says
ABOMINABLE, REVOLTING, PERVERTED 8 MEMBERS OF THE SOCIETY OF DISHONOR
abominable
– repugnantly hateful; detestable; loathsome:
– very unpleasant; disagreeable:
revolting
– disgusting; repulsive
perverted
– marked by immorality; deviating from what is considered right or proper or good