Sunday, January 27, 2008

Usurper Judges Are Brazenly Making Laws

hen will we ever learn?
There is no way of reading the 1987 Constitution's Article XI (Accountability of Public Officers) without being dumbstruck at the realization that even the mighty Supreme Court's judicial powers are reduced to NIL in ALL cases of impeachment. Here we see the Separation of Powers principle at work. The Congress has the sole and exclusive power under the Constitution to initiate, try and decide with finality ALL cases of impeachment. Although it is a power exercised by the Political Branch of the Govt, impeachment is essentially a judicial power given to the Legislature, an important piece of the Judiciary's power that is taken away from them and entirely given to the Congress.

The Supreme Court has absolutely zero jurisdiction in all matters involving impeachment. And of course that only makes sense since the Judiciary has the largest number of IMPEACHABLE public officers with 15 Justices, followed by Comelec with 7; the Commission on Audit and Civil Service each with 3; the President, Vice President and Ombudsman. The Congress has NO impeachable public officials. That is why it is to the Political Branch of the Government that the Judicial power is given over the removal from office of this very select group.

History's vast audience already sees how the Supreme Court usurped the JUDICIAL powers of the Senate in 2001 and thus was able to overthrow a popularly elected President after Davide single handedly aborted Erap's acquittal at impeachment trial. Our democracy is still reeling from that usurpation and now they are at it again. This time they want to steal the LEGISLATIVE powers of Congress. The High Court has issued an ADVISORY OPINION on cases of Libel, telling judges to only give fines not prison sentences -- something that is just not done by Supreme Courts with any sense of impartiality, wisdom and honor.

But this takes the cake: Chief Justice Reynato Puno says that he is willing to be impeached for issuing this circular on Libel, since he is only defending our human rights. Oh no! Another Davide in the making? Another crazed Bible toting utilitarian moralist at the helm?

The Supreme Court of the Philippines is like a demented Grandfather who who has stolen the keys to the family car and and is starting to take it out on wild joy rides. Again. It's our own fault of course, for not taking away those Keys in 2001 after the same Crazy Old Man grabbed the Wheel from the Senate and usurped the Congress' sole and exclusive Driver's License in all cases of impeachment. The High Court threw Joseph Estrada out of the Car and put Gloria Macapagal Arroyo in the Driver's seat. To accomplish that feat, the Supreme Court in March 2001 had to utterly destroy the Wall of Separation between the Congress and the Judiciary in an historic case of presidential impeachment and trial. It is a FACT never mentioned by Edsa Dos Die Hards, that the power to try ALL cases of impeachment lies exclusively, entirely, and with finality in the Senate. That this exclusive power was USURPED by Hilario Davide and the 2001 judges is a festering and open wound. More than that, it has become a bad habit with the Court to exercise Unelected Judges People Power.

While the Nice People's Army and its crypto-supporters would like us to believe that the Government is engaged in a spree of extajudicial killings against leftist activists and journalists, please note that the person just arrested with and charged for the murder of Davao's Fernando "Batman" Lintuan is another media man in the same radio station!

Ricky Carandang has the ominous sounds of JDV's speakership creaking, in The Night of the Long Knives. Gloria telephoned specifically to call it off.

The Equalizer has a picture pretty postcard of the BURJ AL ARAB short time motel that the President is staying in whilst visiting Arabie (for up to $10,000 a night!)

Speaking of purty pictures, Senor Enrique (2007 Best Photography Blog Award)
covers the YKL Photo gigue at Glorietta (they've cleaned out the Basement, promise!)

John Marzan is unhappy because the new Comelec chairman is 75 years old. Dick Gordon's motto could be relevant: "What we need is not a change OF men, but a change IN men. In the case of our election system, we need a change in the system.

Manila Bulletin Online reports on the nearly $20 million donation of the Bill and Melinda Gates Foundation to the International Rice Research Institute.

Patricia Evangelista manages to write a really lengthy summary of the Manila Pen Standoff without once mentioning Senator Sonny Trillanes and Capt. Danilo Lim, or the Arrest Warrants that the police were trying to serve on them for criminal contempt of Court. She is mastering the genre of journalism that deftly changes the subject and turns the tables on the authorities by invoking the victimological card: we are being oppressed by fascists. Ah, Youth is SO wasted on the Young, when talent serves not the heart but the tongue. Media made themselves the story -- now who's sorry?

The NDF demands, and the Church nods it's sheepish, tonsured head up and down, that the govt should resume peace talks without preconditions (except of course for their own demand that the Philippines first have them removed from the US and EU lists of Foreign Terrorist Organizations. They also consider it an unreasonable "precondition" that both sides cease firing guns at each other before holding peace talks. ARMED peace talks--that's the demand of Joma and his side-kicks, the ex-priest and ex-nun all living together in the Utrecht Space Station getting fat on Dutch Welfare.


Anonymous said...

Here's the text of the SC circular -

tiki said...

Stealing the keys to the family car and going on joy rides? I think you're referring to the current administration.

You're generalizing in your argument concerning the media man's murder.

About the "Standoff" article, not only should the arrest warrants be discussed, but also the fact that Trillanes and others were able to walk out of the courtroom without anyone stopping them, and that hardly anyone appears to be disturbed by this or is investigating it.

Fred said...

DJB, just wondering, how to you propose to take away the Keys?