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Justice Puno's Call for Charter Change
Former Chief Justice Reynato Puno's call for renewed debate for constitutional amendment was disappointing. Justice Puno made his call during the inaugural lecture of the UP College of Law's Centennial Lecture Series. However, he cited no new reasons for the debate and there was an unsettling JDV-esque ring to his entire lecture. Many of these grounds he cited as reasons for change have already been examined and debunked by scholars . One recycled argument--legislative gridlock is presently being addressed by the Aquino administration by holding a Cabinet workshop to identify priority bills that will be presented to the Legislative Executive Development Advisory Council. These steps are being taken precisely to address potential gridlock. I expected more from the first lecture that starts the UP College of Law's centennial lecture series. I thought it should have been a scholarly forum that examines important legal issues and not a venue for political posturing.
The Supreme Court does not have jurisdiction to impose the proper disciplinary action against civil registrars.
The Clerk of Court of the Shari'a Circuit Court wears two hats: first , as Clerk of Court of the Shari'a Circuit Court, and second , as Circuit Registrar within his territorial jurisdiction. Although the Constitution vests the Court with the power of administrative supervision over all courts and its personnel, this power must be taken with due regard to other prevailing laws. While civil registrars are members of the Judiciary as Clerk of Court of the Shari'a Circuit Court, a review of the complaint reveals that the complainant seeks to hold the registrar liable for registering the divorce and issuing the Certificate of Registration of D ivorce pursuant to his duties as Circuit Registrar of Muslim divorces . The test of jurisdiction is the nature of the offense and not the personality of the offender. The fact that the complaint charges Abdullah for "conduct unbecoming of a court employee" is of no moment. Well-settled is the rule that what controls is n...


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