AMID PROTESTS, SC WARNS OF SANCTIONS VS LAWYERS, MILITANTS
MANILA, MARCH 20, 2010 (STAR) By Edu Punay - Various groups took to the streets yesterday to protest the ruling of the Supreme Court (SC) allowing President Arroyo to appoint the next chief justice.Hours after, an SC official warned lawyers of possible sanctions, including disbarment, should they act beyond what is allowed by law.
Lawyers, militant leaders and a few candidates in the May polls joined the protest at the SC building on Padre Faura street in Manila to express their indignation against the nine justices who voted in favor of Mrs. Arroyo’s appointing the new chief justice.
Led by Sen. Francis Pangilinan, former member of the Judicial and Bar Council (JBC), protesters reiterated their stand on the ban on midnight appointments.
Others who joined them were former Socio Economic Planning adviser Solita Monsod, lawyer Adel Tamano, former Arroyo peace process adviser Teresita Deles, Akbayan Rep. Risa Hontiveros, Bayan Muna Rep. Teddy Casino, Transparency and Accountability Network head Vince Lazatin and presidential candidate Sen. Jamby Madrigal.
Using black candles, they burned a tarpaulin with photos of the magistrates who voted for the appointment of the new chief justice.
The nine were Associate Justices Lucas Bersamin, Jose Perez, Roberto Abad, Martin Villarama, Teresita Leonardo-De Castro, Arturo Brion, Diosdado Peralta, Jose Mendoza and Mariano del Castillo.
Monsod said she was “totally outraged” with the SC ruling.
“SC, you are the bulwark of democracy. Can you listen to us? Defend the Constitution. Do not interpret it,” she said using a bullhorn and megaphone.
She commended Associate Justice Conchita Carpio-Morales, the only magistrate who dissented from the ruling and defended the minority position during deliberations of the High Court last Wednesday.
‘Same people giving views’
SC administrator and spokesman Midas Marquez said it is the group’s constitutional right to hold the protest rally.
“It seems to me that many of them are the same people who have given their views on this issue already, even before the Court issued the ruling. I can’t blame them for standing by their views. I just hope they would not resort to violence.”
Marquez also warned members of the Bar who would “go beyond the line” and join violent acts to protest the SC ruling and try to pressure the Court in illegal ways that they could be disbarred.
Meanwhile, a retired Court of Appeals (CA) justice defended the High Court’s ruling.
Retired Associate CA Justice Regalado Maambong, a delegate to the 1986 Constitutional Commission that framed the 1987 Constitution, rebutted the claim of his fellow delegate former elections chair Christian Monsod on the controversy.
“There is no way that we can prevent the President to appoint (sic) the Chief Justice. There’s no problem about the SC decision,” he said in an interview.
Marquez said in its ruling, the high court gave weight to the opinion of retired SC Justice Florenz Regalado among the views submitted by members of the Con-Com.
The court junked the claim of other Con-Com delegates like Monsod and Fr. Joaquin Bernas.
Court rule based on merits
Marquez stressed that the court ruled on petitions to allow Mrs. Arroyo to name the successor of Puno based on merits of the case.
Marquez confirmed that justices of the high court have never had an opportunity in the past to cast their votes for the chief justice post.
“Following tradition, the SC does not vote on chief justice post unlike in associate justice post where their voting is given weight by the JBC,” he explained.
Court observers said the 9-1 voting of the justices in the petitions of Philippine Constitution Association (Philconsa) and lawyers Arturo De Castro and Estelito Mendoza reflects their choices between Senior Justices Renato Corona and Antonio Carpio, the two frontrunners for the post.
This is because giving President Arroyo the power to appoint the next chief justice is tantamount to supporting the candidate believed to be her choice – Corona.
Justices Antonio Eduardo Nachura and Presbitero Velasco Jr. voted to dismiss the petitions for being premature, while Chief Justice Puno and Justices Corona and Carpio did not take part in the voting.
Chief News Editor: Sol Jose Vanzi
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