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A Divided Supreme Court Issues the VAT TRO

July 5, 2005

Last Friday evening, as I prepared to go home for the weekend, I received a flash report from the Supreme Court’s Public Information Office, with a copy of the Court’s TRO against the implementation of the EVAT law.  Some quarters have insinuated that the GMA-controlled Court (she appointed 9 of the 15 sitting justices) issued the TRO to give Malacanang some respite from the barrage of attacks it has been receiving in the past few weeks.  That may be the case but for me, I was intrigued by the unique way some Justices voted on the issue. The order states:

Davide, Jr., C.J. and Puno, J., voted against the issuance of the TRO, for collection of taxes cannot be enjoined being the lifeblood of the nation, without prejudice to their stand in the earlier EVAT cases. Sandoval-Gutierrez, Carpio and Corona JJ., called by long distance from Madrid and conveyed their votes for the issuance of the TRO; and Ynares-Santiago and Austria-Martinez, JJ., conveyed their votes for the issuance of the TRO through cellular phones.

This is the first time I’ve heard that Supreme Court justices  had participated in deliberations through telephone and cellular phone.  While the Rules do allow a single Justice of the Supreme Court to issue the TRO (Rule 58, Sec. 2), I wonder why the Court felt that the participation of all the justices was necessary. After all, it’s not as if Justices Carpio or Corona are working on their caseload while they’re in Madrid.  (more…)

Posted by JJ Disini at 11:52 am | permalink | Add comment

UP Law Faculty Statement on the GloriaGate Tapes

We, the Faculty of the University of the Philippines College of Law, in line with our responsibilities as lawyers, educators, and citizens of the Republic, have decided to present our collective views on the issue of the “Gloria Tapes.”

We believe that Malacañang’s confirmation that President Arroyo made the calls to Commissioner Garcillano implies more than a mere “lapse of judgment” or simple impropriety. We believe that it constitutes an inexplicable and inexcusable failure to adhere to fundamental precepts of the Constitution.

President Arroyo took an oath to faithfully and conscientiously fulfill [her] duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate [herself] to the service of the Nation.” (Article VII, Section 5) Under Section 17 of the same Article, she is mandated to “ensure that the laws be faithfully executed.”

Among the laws that the President swore to preserve, defend, and faithfully execute is Article IX, Section 1 of the Constitution, which guarantees the independence of the COMELEC. A series of direct, personal calls from the Chief Executive, a candidate in the elections, to a COMELEC official during the election period, already grossly violates that independence. Taking into account the content of the conversations – which indicate manipulation of the canvassing process, concealment of illegal acts, and outright electoral fraud – underscores the debasement of the constitutional right to suffrage, the very foundation of our democracy, and establishes the criminal culpability of President Arroyo.

Fulfillment of these fundamental constitutional duties did not require any “judgment” on the part of President Arroyo – only full and faithful adherence to basic and straightforward provisions of the Constitution.

We believe that with this glaring failure to abide by the duties of her high office, President Arroyo has lost the capacity to serve the public trust with the utmost responsibility and integrity. She has become morally, and constitutionally, unfit to be President.

We are therefore calling upon President Arroyo to resign.

If she takes our nation’s best interests to heart and is genuinely sorry for her failure to do her duty, she should step down. Resignation is the best apology she can offer the Filipino people.

We are likewise calling on the Commissioners of the COMELEC to vacate their posts in view of the serious damage the “Gloria Tapes” issue has done to their credibility and integrity. They must be reminded that they are bound to perform their duties honestly, faithfully, and in such a manner as to be above suspicion of irregularities – a standard they can no longer meet in the current situation.

It must be emphasized that, contrary to the claims in some quarters, resignation is constitutional. Voluntary relinquishment is one of the constitutionally recognized means by which the Presidency can be vacated. (Article VII, Section 8 ) Likewise, calling for the President to step down is perfectly in accordance with the exercise of the constitutional right to free speech, and cannot be abridged through prior restraint or threat of subsequent punishment. (Article III, Section 4) We are constrained to reiterate this point in the wake of the dire warnings and threats of prosecution that have been made by the Department of Justice.

We make these statements on the basis of what we believe the Constitution, the laws, and public interest prescribe. We do so pursuant to our appreciation of what our responsibilities demand.

Posted by JJ Disini at 6:02 am | permalink | comments[1]

US Not Giving Up Control Over the Internet

CNET reports that the United States Department of Commerce has decided to maintain its control over the “root” — a central Internet resource that allows the US a certain level of governance on the Internet.  This is according to the new principles issued by the US DoC on the domain name system (DNS).

This is a significant shift in policy.  It was earlier believed that the US will divest itself of its control over the root to ICANN, a California-based non-profit to which the US DoC has contracted the technical operation of the DNS and certain coordination functions.  The new announcement means that the divestment is unlikely to happen and the US DoC will continue its oversight function over the DNS. (more…)

Posted by JJ Disini at 5:58 am | permalink | Add comment