http://sherryjane.tigblog.org/ What's on the minds of young leaders from around the globe? en-us http://sherryjane.tigblog.org/post/365997
The ‘supremacy’ of the Supreme Court

By Isagani A. Cruz
Philippine Daily Inquirer
First Posted 21:55:00 04/26/2008

WHEN A PATIENT DIES DUE TO MEDICAL incompetence, the matter is hushed up, the victim is quietly buried, and the case is soon forgotten except by the bereaved family. When the Supreme Court commits an error, ignorantly or deliberately, the case is published in the newspapers, perpetuated in the SCRA, and becomes the law of the land.

In Mabanag v Lopez Vito (78 Phil. 1), the Supreme Court dismissed the complaint that the proposal to give Parity rights to the Americans violated the numerical requirements for the amendment of the Constitution. Influenced if not dictated by President Manuel Roxas, the majority justices held that the question raised was political in nature and so beyond their jurisdiction. It took all of 10 years for the case of Tañada v Cuenco (100 Phil. 1101), rendered by a wiser tribunal, to reject that false doctrine.

Martial law degraded the Supreme Court into a mere lackey of Ferdinand Marcos, like the AFP and the Batasang Pambansa. Judicial subservience sustained the villainies of the regime, with Javellana v Executive Secretary (50 SCRA 33) and Legaspi v Secretary of Finance (115 SCRA 478) among many other decisional obscenities.

The latest was Garcia Padilla v Enrile (121 SCRA 472) that, besides extolling the immunities of the despot, held that rebellion was a continuing offense that could justify the arrest of a suspect, whatever innocent act he may be doing at the time, without need for a judicial warrant. Incredibly, that doctrine was affirmed in Ramos v Umil (187 SCRA 311) that was rendered by the reorganized Supreme Court still enthralled by the ousted tyrant.

After Edsa 1, Imelda Marcos was convicted of graft and corruption by the Sandiganbayan. She elevated the case to the Supreme Court, where its Third Division chaired by Chief Justice Andres R. Narvasa affirmed the judgment. Contrary to its own rule that a decision of the Division was not appealable to the Court en banc, the full Court reviewed the conviction -- and reversed it.

All but one of the justices who acquitted the petitioner in Marcos v Sandiganbayan (297 SCRA 95) had been appointed by Imelda’s conjugal partner. Other appeals from a Division to the Supreme Court en banc have not been similarly allowed in strict compliance with the excepted rule.

Twice ousted from his elected position as provincial governor for being a naturalized foreigner, Juan Frivaldo was finally allowed to retain the office after he reacquired Philippine citizenship in administrative proceedings begun and completed the same day. To the claim that he was still an alien when he filed his certificate of candidacy for the disputed position, he was lamely deemed to have retroactively regained his former status when he ran for election in several earlier polls.

Obviously a “lutong macao,” Frivaldo v Commission on Elections (251 SCRA 727) was unconditionally supported by only four justices; pro hac vice (only for that case) by four; only “in the result” (but not its reasons) by three; with two dissenting, and the last two not taking part.

In Lewis v Commission on Elections (497 SCRA 649), the Supreme Court held that dual citizens could vote in Philippine elections although they did not have the residence qualifications required by the Constitution. Filipinos with exclusive and total allegiance only to this country must strictly comply with the rules in the fundamental law, but not the “duals.” The Court held that “there is no provision in the dual citizenship law -- RA 9225 -- requiring ‘duals’ to actually establish residence and physically stay in the Philippines before they can exercise their right to vote.”

The decision was unanimously approved by the 15 members of the Supreme Court, including the chief justice then, none of whom must have read Sec. 5 of the law. It clearly states that dual citizens “intending to exercise their right of suffrage must meet the requirements under Section 1, Article V, of the Constitution…”

Under that provision, voters “shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election.” The only recognized exception is where the absentee Filipino never abandoned his residence in this country while abroad for employment purposes, studies, government service, and other like reasons.

The decision in the current case of Neri v Senate (G.R. No. 180463), March 25, 2008, was written by Justice Teresita L. de Castro and concurred in by eight other justices, all of them appointed by President Macapagal-Arroyo, except Justice Leonardo Quisumbing. The six who dissented were also appointed by Ms Arroyo, except Justice Consuelo Ynares Santiago, and were led by Chief Justice Reynato Puno, who was by-passed for one year to accommodate a junior colleague before he was finally named to his present position.

I mention these facts because they are as important as the arguments pro and con the constitutional issues raised in the motion for reconsideration of the Neri case. They could even be more decisive than the legal disputations when the Supreme Court rules on the political strife, “with finality” but not necessarily wisely and without fear.]]> Sun, 04 May 2008 15:06:00 EDT http://sherryjane.tigblog.org/post/365997 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/364369
“You don’t say ‘Giddiyap’ to make him start, Reverend,” the man said. “He wouldn’t respond to that. You have to say ‘Praise the Lord.’ And don’t say ‘Whoa’ if you want him to stop. Say ‘Amen’.”

After paying, the priest mounted the horse and said, “Praise the Lord.” The horse cantered off towards his church. However, after a few miles, a mad dog darted into the road and scared the horse. It took off so fast across the open field, toward a cliff bordering a river two hundred feet below.

Frightened, the priest forgot the instructions given to him and frantically shouted “Whoa!” as he pulled the gorse’s reins, but the horse kept running. Finally, he remembered and yelled “Amen!”. The horse stopped at the very brink of the chasm.

The priest heaved a sigh of relief. Wiping his forehead, he said, “Whew! That was close. Praise the Lord!”
]]> Thu, 01 May 2008 04:21:00 EDT http://sherryjane.tigblog.org/post/364369 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/313217
I was supposed to compete for breatstroke this lex celebrationis. I'm just a beginner. I just learned the sport 2 years ago. But I decided to sign up to represent the freshies, out of fun, games, friendship and to do something novel. BEcause I know swimming is not my thing i decided to put a little effort. To have somehow what they call "fighting chances". So even though i'm tired after class and I have a lot of readings piled, I took time to hit the pool and do laps. At 3am i jog around our place. Also, me and my teammates- JP and Colleen did some land training at the UP Acad Oval after class. Added to that I got sick for several days.

Tapos we lost it by default lang, tsk tsk... But of course we take full responsibility for it. We were late eh.. even though it was just for a couple of minutes.. We learned our lesson the hard way. :(

Anyhoo, more time to train for next year. :D Moral lesson: Always be on time. hahahha

Kitakits na lang next year. Ahu! Ahu!


]]> Tue, 18 Dec 2007 10:14:00 EST http://sherryjane.tigblog.org/post/313217 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/275303 Sun, 04 Nov 2007 09:34:00 EST http://sherryjane.tigblog.org/post/275303 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/273511 Tue, 30 Oct 2007 12:38:00 EDT http://sherryjane.tigblog.org/post/273511 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/273389 Tue, 30 Oct 2007 06:10:00 EDT http://sherryjane.tigblog.org/post/273389 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/262333 to have "the Will to Perfection."

He would say and may i quote "Remember, our heroes had nothing. They only had the will to perfection."

With the upcoming final exams, it's really hard if this can be manifested in my test paper.

It's really hard sir, but i'll try. In fact, i have always been trying. You know, "i did my best, but i guess my best wasn't good enough."

To my classmates, Good luck to us all!

Wuhuu!! "will to perfection!"
Ok back to reading.]]> Tue, 02 Oct 2007 16:42:00 EDT http://sherryjane.tigblog.org/post/262333 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/217209
I'm looking forward for the coming year for they say that as you grow older you become wiser.

On my 23d year, I know i'll see even more beautiful days.
]]> Sun, 10 Jun 2007 15:30:00 EDT http://sherryjane.tigblog.org/post/217209 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/202957
I am a registered voter who won’t be able to vote. Let me rephrase that. I am a registered voter who would desperately want to vote but under the circumstances cannot. It is always the case that during elections I’m stuck in Manila when on the contrary I’m registered in Tacloban, which is an hour plane ride or a 24-hour car drive-- attending school (for the last election) or for a job (for this Monday). I confess, I am envious of those who can vote and since I turned 18 I haven’t voted yet. Huhu..

But not everybody in the Philippines feels the same eagerness of being able to vote. Some people I’ve spoken with are eligible but they just won’t. Their reason being that:

1. it’s better to stay indoors during election day to avoid any untoward accident. Perhaps they have forgotten that we don’t live anymore under the martial law era. Hey that was years ago when you were coerced and tortured. It is safe to walk along the streets now.

2. the entire election process cannot be trusted anymore as evidenced by several cases of votes being manipulated by the power hungry.

Of course several other reasons could come up but let me focus on these two.

The first reason represents apathy among Filipino citizens and sadly most of them by the youth. The Philippines is largely composed of a young population. With a low voters turnout from them this suggests that there are a few young Filipino participating in government processes.

On my point of view, being eligible to vote is a political right which not everybody in this world is able enjoy. When you are eligible to vote you should feel lucky, for this means that:

1. you are not disqualified by law. people convicted of a crime cannot vote. if you’re eligible then celebrate you are a free man. Go to the precinct polls and proudly cast your vote.

2. it means that you are a Filipino. You belong to a lineage of brave men and women who fought for this country just so their posterity will be able to enjoy rights such as this political right. This also manifests that you officially belong to this beautiful country in which you have the power to effect change through your vote. You have a citizenship. Remember you are not an alien.

3. In some countries people die just so they could vote. Wait, before that.. people die just so they could conduct elections. If you could vote this means that you live in a democratic country. We are not ruled by a tyrant Wohoo!! although sometimes we feel like we are being ruled by one. But what’s legal is-- you have a say on who it is that you would want to serve in government. Come on! It’s like you’re the master and on election day you get to choose your servant—your public servant. A piece of advice—hire them based on their qualifications, merit and fitness and most importantly integrity and sincerity for the job.

4. To answer the question on votes being manipulated, it evidently has happened in the past and we have no way of guaranteeing the “indifferent” of this not happening in the future. But wouldn’t it be nice to participate still in the process and be part of history. Look at it like a big basketball game. You are inside the dome. Instead of snoring while sleeping—participate. If you’re part of the audience then closely watch, stand up and cheer, clap, etc... Then if in case cheating happens you could proudly stand as witness and complain. If you were the couch potato snoring during the game, what right have you to be a witness and be the complainant—the game did not unfold before your eyes.

So for those who are eligible – please exercise your right!

As for me since I’m an eager beaver wannabe voter I registered for the Parish Pastoral Council for Responsible Voting. There we will assist the Board of Canvassers in the counting and tallying of votes. I understand we’ll stay awake ‘til the wee hours of the morning to accomplish the election returns. Anyhow that will be in another blog.

photo: at a Brgy Highway Hills Elem. School voting precinct]]> Sun, 13 May 2007 02:03:00 EDT http://sherryjane.tigblog.org/post/202957 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/166361 Anyways, I was hoping to jog a couple of rounds at the UP acad oval but instead, I just finished one round (when normally i could do about two... :D or more than that). Today my body fluids were easily drained by the sun. I gobbled 2 bottles of mineral water and went home as soon as possible to avoid further nausea or worse-- fainting. Added to that my skin was complaining of the piercing heat it was experiencing.

I understand that the Philippines is a tropical country and that summer is just probably making a grand entrance but what if...what if??? there's another reason behind the extreme heat, something fatal...

My concern is, could this be the ozone layer’s revenge to mankind due to using too much CFCs and other CO2 emitting products equipment? hmm...

I hope “The Day After Tomorrow” hasn’t come.

Let's just hope i'm wrong.

photo: University of the Philippines-Diliman, academic oval. Despite the bowing age-old trees, the kid beside me exclaimed "the heat is like inferno."
]]> Sat, 10 Mar 2007 03:28:00 EST http://sherryjane.tigblog.org/post/166361 11.2433333 125.004722211.2433333125.0047222 http://sherryjane.tigblog.org/post/163821
Since this is my first entry I will write something very close my heart: Children in Armed Conflict.

It was at our mini-library at home when I was first introduced to them. I thought them and their experience would make a good topic for my first research paper in English. Back then, I only appreciated them for the voluminous writings about their encounters, for after all, reading them would help me generate more footnotes at every page and references to cite at the bibliography section of my paper. However, I never thought I would actually meet them.

Tacloban, Leyte- I remember it clearly. It’s 4 o’clock in the morning. I’m in my hometown enjoying my semestral break. My body freezes as I take a shower to get ready for a court hearing in Catbalogan, Samar. In this case, I’m not the petitioner, more so not the accused, rather call me the personal assistant (tagabitbit ng attaché case) of my mom who’s the counsel representing the government. The trip going to Catbalogan is a long and bumpy one, causing me to arrive there groggy with a harassed-look effect. I arrive at the Catbalogan Municipal Trial Court with every bit of enthusiasm as when I left our house. I guess everyone gets excited in meeting new people.

At the witness stand I saw a boy of about 11 years old named Levi. His parents and uncles are members of the guerilla group called the New People’s Army. Members of this group are believed to be victims of oppression, injustice and other indignities allegedly committed against them by more powerful and materially privileged persons; other members join for they have lost hope in the Philippine government system as it has turned deaf ears to their outcries and for failure to provide for their needs and secure their rights; while some, inherit their ideals and battles from older members of their family.

The issue here is that, some NPA parents recruit their children to become children soldiers. These parents force or indoctrinate their kids to embrace their cause as though it is also their childrens’ struggle. They train them to express the hatred that they feel. These children once successfully recruited, become what we term as “Children in Armed Conflict”.

We perfectly get it, members of this group do want to be justified for the crimes committed against them, their families or to their property. These people experienced oppression and their liberties were repressed. Worse, the government which is supposed to protect them has allegedly become the foremost violator of their rights. These men and women are of legal age, they stand by what they believe is right, they choose to live the life as insurgents. However, their role as the victim and the oppressed changes once they involve their children and engage them to become children soldiers. Their children do not fully understand their cause. They are naturally vulnerable and they are also physically and mentally immature and therefore must be guided accordingly. They must not be compelled to embrace something which will endanger their lives and destroy their physical, mental and moral development. That’s why the state deems that these children must be rescued.

Children soldiers suffer a lot. Some of them are abducted, maimed and abused. Living the life of a rebel, they are deprived of their rights such as the right to recreation, education, protection and relief. More so if you are a girl, you have an additional risk of being a victim of rape and sexual exploitation.

The boy whom I saw at the courtroom that day was lucky that he was captured by the government army. He was adopted by their local priest and was made to go to school and lead the life of a normal child. There he is secured that his rights are freely exercised and his life is protected. Children soldiers once rescued by the state undergoes psychological debriefing and counseling since they have been engaged in combat and the horror of these atrocious acts could not be easily erased from their memory. As expected, rebel parents will claim their children from the government arguing that they are the ones who have the right to the custody of the child and that they have the prerogative to raise their children in any manner they want. Levi however, chose to stay with his guardian priest.

The Rights of the Child as Proclaimed by UN Resolution 1386 simply puts it:

“Whereas the child, by reason of his physical and mental immaturity, needs special safeguards and care… before as well as after birth….
The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form…

he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development…

He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.”

My first research paper was not about children in armed conflict, for some reason which I couldn’t remember I changed it. But since then, everytime I’m home for break, I make it to a point to attend at least one of the court trials involving them. That’s why I say this is something very close to my heart. I hope in some way I could use my awareness and knowledge, if not now perhaps in the future.

Let’s protect and love our children. :D ]]> Wed, 28 Feb 2007 21:45:00 EST http://sherryjane.tigblog.org/post/163821 11.2433333 125.004722211.2433333125.0047222