First of all, a person who has been elected President but who has not taken his oath and whose term has not started cannot be impeached. So, will the wanna-be legal experts please shut up already?
Second, please stop rewriting the news reports just as I wish reporters would acquaint themselves with the Constitution to contextualize reports. When Malacañang Spokesperson Ricardo Saludo mentioned “impeachment”, it was in reference to Noynoy Aquino’s reservations about accepting the constitutionality of the appointment of Renato Corona as Chief Justice of the Supreme Court and NOT to Aquino’s reservations about having Corona administer his oath of office. The two issues are related but they are not the same. The first may be impeachable but only after the President-elect becomes the incumbent President and, even then, it is debatable. The second, the oath-taking thing, is not subject to impeachment, now or in the future.
Whether Gloria Arroyo could legally appoint a new Chief Justice within the last 60 days of her term has been discussed ad nauseam already (see related article). There are two seemingly conflicting provisions of the Constitution but the bottom line is that it is the Supreme Court that has the final say what the interpretation should be. And it ruled that La Gloria could legally make the appointment. Although Supreme Court justices are not exempt from impeachment proceedings (remember Hilario Davide’s case?) for violation of the Constitution and there has been talk about filing impeachment cases against them for the botched ruling on midnight appointments, at this point, the ruling stands. I don’t like it, I don’t agree with it but it is the ruling whether we like it or not and whether we agree with it or not.
The loophole is that when the Supreme Court decided the case, there was no justiciable controversy. To simplify that, it means that for a court to decide on a case, there must be a real issue. In the case of the power of the President to appoint a Chief Justice within 60 days before a presidential election, the Supreme Court rendered its decision at a time when Gloria Arroyo had not yet made an actual appointment. Ergo, there was no real controversy at the time and the decision was premature.
Those who support that decision will say that it is final and can no longer be contested but I disagree. Now that Arroyo has made an actual appointment, there now exists a real and justiciable controversy, and I believe that the matter can be attacked through the courts once more. However, whether a new case will be entertained is not really a Constitutional issue but, rather, a political issue considering the political color of the incumbent justices, a.k.a., how many will decide in accordance with Arroyo’s wishes. Ideally, the Supreme Court should be an independent body but what is in the law is not necessarily what is being practiced.
Now then, if Noynoy Aquino refuses to take his oath before Renato Corona, the man whom Gloria Arroyo appointed as Chief Justice, can someone call for his impeachment?
Remember when Cory Aquino was sworn in as President? It wasn’t the Chief Justice that administered the oath of office. Of course, Cory Aquino’s government at that point was a de facto government so there may be no real analogy. Debate it ad infinitum. The point is, there is no legal provision — in the Constitution or elsewhere — that says a President-elect MUST take his oath before the Chief Justice of the Supreme Court. There is no law that says unless the Chief Justice administers the oath of office to the President-elect, then the President-elect does not become an incumbent President. Put even more simply, there is no law that says no one becomes a President unless he takes his oath before the Chief Justice of the Supreme Court. All that the Constitution says is that:
Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)
And that’s that, really.
To those saying that all the impeachment talk stems from Noynoy Aquino’s reservations to have his oath administered by Renato Corona, puhleeez, make a distinction between that and his reservation to accept the legality of Corona’s appointment. He doesn’t want Corona to administer his oath of office for POLITICAL reasons; he refuses to accept Corona’s appointment as Chief Justice for LEGAL reasons.
maraming salamat sa paliwanag
walang kupas ang legal knowledge mo. way better than other lawyers.
Napaka-misleading naman kasi nung iba eh.
This is why it is worth my time to visit your website everyday. I learn so much from you. Thanks Ms Connie!
You should have a blog about politics. I’m sure we will all learn more from you.
This used to be a blog about politics until I moved the archive to sassylawyer.com (then decided to discontinue everything).
The way that the elections are turning out, I just might go back to political writing.
I remember that you’ve commented that you’ll quit political blogging if I’m not mistaken last 2002 (EDSA III) or 2005 (Garcci scandal). I’m already your regular visitor during those times (since 2000 if I’m not mistaken)and I visit your blog daily.
I really like your political opinion (bias sa fairness – duh… what’s that???) and I’m glad you’ll be at it again.
Right now, because of my new “raket”, I can only manage to visit your blog once or twice a week (late evening on weekdays and afternoon on Saturdays). I would say that it will be on daily basis once you blog again on political issues.
I’m too upset over the results of the elections not to blog about politics again hahaha
I must admit I don’t know much about politics and I find it too complicated to understand. To avoid having a brain damage in trying to grasp it, I need a blogger like you who can explain politics crystal clear. I’d love to see you post more about it.
Oh yes!
Once again, a direct to the point and clear explanation! Thanks, Connie. By the way, have you ever considered teaching?
Teaching law? Naku, ayoko!
thanks Ms Connie for letting us know how these things work
The threat of an impeachment against Noynoy is just a knee-jerk reaction of the Palace to its new arch-nemesis. More importantly, it’s another way of saying to the next President, “now that we have the Lower House, you better watch yourself, or else.”
A continuation of the GMA’s “scorched earth” policy.
It was a reaction to Noynoy’s earlier statement about not recognizing the appointment of Corona which, naturally, the administration felt was a way out reaction considering that the Supreme Court has already ruled that Gloria could make the appointment.
I just wish we’d refrain from using “slogan” words and just try to understand the issue.
Is Noynoy reaction that he will not recognize whoever GMA appointed as Chief Justice a knee-jerk reaction also? (He would like to appoint his own chief justice to be one of his lapdogs?) Or if it’s really legal, for political reason, he will not take his oath office administered by a chief justice appointed by GMA? (Why he was sarcastically declaring this? Puro daldal, just do it.) Or GMA will not be a speaker of the house (proactive president huh…)? (Vindictiveness comes before anything else or just like having a chief justice in his pocket, a lapdog speaker of the house?).
If not a knee-jerk reaction, then maybe it’s his evident arrogance or it’s what his handlers want him to say. This elected president would always make a statement reading from a piece of paper (eventually, a teleprompter once he is sworn?).
Very Obamaesque.
“Is Noynoy reaction that he will not recognize whoever GMA appointed as Chief Justice a knee-jerk reaction also?”
Yes, I believe it is. Just like his statements dignifying the “Kris Aquino Despedida” page on Facebook. He ought to learn what is worth objecting to and what should just be shrugged aside.
Madam connie, curious lang po as to why you don’t like the idea of teaching law, hindi po ba it’s a noble profession? Maraming salamat po sa isasagot ninyo.
Because being a teacher means being part of a bureaucracy. I don’t like bureaucracies.
Hmm, in that case… how about a weekend or summer workshop?
That might be quite lucrative, you know XD
thank you po for the enlightenment… ^^
Thanks a lot Sassy. I really appreciate that there is someone who can quote the constitution per se instead of writing it according to their interpretation and let people believe that it is what the constitution is all about.
Sana you will consider writing in the future about when a government official, after losing in an election, cannot go back to his/her position before he ran.
Love your political pieces!
Oh it is funny.
Ricardo Saludo is another clown considering he has no civil service eligibility and was only in the government being Arroyo’s appointee. Nobody question he had been illegaly in government payroll (you are only allowed up 12 months for political appointee).
But a transition team caretaker telling the incoming president-elect to respect the rule of law (crafted as legal barrier) and allude to impeachment is all baloney. He did not even respect the civil service law.
“you are only allowed up 12 months for political appointee”
Huh? Appointees, including Cabinet members (and Saludo’s position is considered a Cabinet position), serve at the pleasure of the president. Unless fired before the incumbent President’s term ends, his position is deemed co-terminus with that of the official that appointed him.
As always, you are right. As cabinet secretary since 2002 up to now, Saludo serves at the pleasure of the President.
The ineligibility was during his appointment to the CSC chair in April 2008. CSC Asst Commissioner Limare explained then “that political appointees who occupy career positions in government are required to secure eligibility, or their appointment will remain temporary”. And that “designation papers of political appointees must not exceed 12 months”. Saludo resigned from CSC in October 2009.
The CSC chairmanship does not require eligibility. From Section 9 of the 1987 Constitution, the only qualifications are:
If I am Noynoy, I will break tradition and just have to take oath with a Barangay Captain to underscore that the highest official is to serve the interest of the masses with lowest elected official in mind.
It is more dignified than taking oath under a midnight appointed chief justice.
Midnight appointed chief justice? I don’t know if Corona was appointed in midnight time. All I know is at this time, GMA can legally appoint a chief justice any time.
Forget the dignify and the delicadeza things. They’re always at the whim on who are saying it. They’re definitely subjective. Lets dwell on what is constitutional and what is not. What is legal and what is not.
Sorry, I’m probably missing out here… what therefore is constitutional and what is legal about Corona’s appointment?
Last time I checked it’s not anymore the constitutionality or legality that is being put forward by Noynoy. It’s the “delicadeza” once again. Why GMA appointed Corona when Puno has not retired yet.
Duh???
I agree. I hope this is what Noynoy will do. Am totally for it too.
“The loophole is that when the Supreme Court decided the case, there was no justiciable controversy.”
Then the Supreme Court exempting itself from the midnight appointment created its own constitutional crisis. If the court created its credibility problem, it should be able to fix it not the new president-elect.
A new chapter unfolds in Philippine politics with all these drama as the opening introduction? Hay naku. hahahaha.
Man, I hope you don’t throw a pop quiz on us ’cause I’ll surely fail it.
In the past couple of years, I’ve been reeducating myself with Pilipinas. First, books. That was well, but I wanted a source that feels the proverbial pulse of the nation. (Or at least knows that it’s breathing.) And you can’t get any more real-time than the internet. But all I got was blah-blah-blah-blah-blah. Then I found home – a house on a hill. (Sorry. Couldn’t resist.) A mommy, a lawyer, a homemaker, a photographer. She entertains and cooks. Yeah, I can hang with this girl. (And yes, I was reading the fine print.)
You make me seriously consider going back to Pilipinas for good. But sometimes I read topics like this and I see “Go back from where you came!” Ah, well, I guess the jury will be out on that for some time.
(Man, I’m just full of it today, aren’t I?)
Ludwig, makes you wonder how much worse it’s going to get even before the oath taking, doesn’t it? LOL
Jeng, re “I’ve been reeducating myself with Pilipinas…” Another project is coming up which, hopefully, will address that issue further. For now, suspense muna.
makisali lang po.
Nabasa ko sa comments sa purple thumb, kay joshua# na lang daw mag oath taking si noynoy. Hahahhaa.
After all wala naman pala sa constitution kung saan or sino ang dapat haharap ng oath taking.
A remarkable Phil history yun ba.
#Joshua is the son of tetay with phillip.
Over naman yun. Noynoy can take his oath before any person authorized to administer oaths, including a notary public. But not just anyone.
I hope you don’t mind some peripheral questions (and please forgive my ignorance):
Was Estrada not convicted of a felony? (I mean accepting a pardon is in itself admitting that you were convicted.)
If he were, I guess it’s safe to assume that there is no Pilipinas law barring convicted felons from running for office, ha?
What do you think is the rationale of the 8 million people and some change who voted for him?
Yes, he was convicted. Actually, you can’t get pardoned unless you’ve been convicted first. And when you’ve been convicted of plunder, all the automatic disqualifications go with it — including a bar from holding public office.
The problem was the nature of the pardon. It was “unconditional” which restored all rights.
The bigger problem was when the Supreme Court sided with the Comelec in the interpretation of a provision of the Constitution that bars a president from seeking re-election. According to the interpretation that prevailed, the prohibition only applies to the incumbent president. Crazy, since the Constitution does not make a distinction between past and incumbent. But, there it is.
The 8 million people that voted for Erap either 1) don’t care about all that or 2) don’t understand any of that.
Sass,
Ang linaw naman ng paliwang. I don’t know if Noynoy can grasp that one.
Pang college.
BTW, the way I see it, it was included in a ‘sinister plan” to allow Erap to run regardless. Let’s do some elementary math – those who will vote for Erap will definitely will not vote for an administration candidate. That means if he was barred from running, those votes would definitely vote whoever is in the opposition except Villar (Erap fanatics have a long memory).
Yah, I’ve heard that interpretation — had Erap not run, Villar would have won. But Erap’s pardon came long before Cory died. If Cory had not died when she did, MAR Roxas would have run for President, not Noynoy. But MAR was NOT that strong a candidate. If Noynoy had not run, Erap would have won. So, I find it too risky a business to pardon Erap so he could defeat Villar. Doesn’t add up.
Sass, how about this one-
Mar “The Trying Hard Taklesa King” is the president of Liberal party and most of my like mind friends thought that he was the architect of having Noynoy “The Lemon” Aquino as the party’s presidential standard bearer and he himself as the vice-president. Take note that his survey rating as official vice president candidate of their party rating was higher than Noynoy’s as president for quite some time after they have formally declared their candidacy. (These like mind friends of mine have not voted for Roxas because they thought that he did not even know how to choose a wife…I know that they’re not serious about that but it has some reality in it.)
Personally, I was not convinced by his claim that he was doing it because Noynoy The Lemon deserved it more than him. It was a “sinister strategy” if I can speculate. My speculation that once both of them were elected, Noynoy The Lemon will eventually fade out of the action. Perhaps due to some unexplainable reasons like psychiatric condition that can’t be disclosed for security reason. It’s far from my speculation that Noynoy The Lemon will just die of unexplainable cause at the start of his term.
Ha ha ha, and here comes Binay the would be first black vice-president of the country if he can consistently maintain his lead in the ballot counting against Roxas. Yun pala, Roxas was blindsided by Noynoy The Lemon handlers. Harap-harapan ika nga. Natorotot in street lingo.
Maybe it should be Mar “The Lemon” Roxas and Noynoy “The Trying Hard Taklesa President” that should be in my storybook.
The internal mess of the Liberal Party, especially the episodes about the junking, is both hilarious and tragic.
IMO, it’s hilarious for our political history and tragic for Mar “The Lemon” Roxas if he will not win the vice-presidential election.
The history will tell it all.
Well isn’t EVERYTHING hilarious in this country? Except of course, those grisly massacres every once in a blue while.
“The 8 million people that (who) voted for Erap either 1) don’t care about all that or 2) don’t understand any of that.”
Or both–because it may also mean that Erap is the only one among the field of candidates whom they know (name recall is a big thing in Philippine elections) and they don’t care to find out what te others can offer. For them, it is Erap and no one else (“at wala ng iba pa”).
Ma’m Connie,
On the 8 million people that voted for Erap (and also for those who voted for Noynoy) – “Never underestimate the power of stupid people in great numbers” :=)
Noy seems to be afflicted with the same sickness Kris has. Padalos dalos at medyo taklesa kung bumira. He should analyze his statements before you issue them.
Haha nice analogy.
His analyzing his statement would not happen. Take note that most of the time, he was always reading his statement from a piece of paper that perhaps, contains what his handlers would want him to say.
Remember the statement of this guy when his pamangkin (what’s the name?) flashes the check (or is it V?) for Villar (and even saying the Villar name) on Kris campaign for him?
the pamangkin’s name is Baby James
I think they call him Bimby these days?
I hope it’s not Obambi.