angelic moo

Lawyers should be surprised that Supreme Court spokesperson Midas Marquez recently issued a statement regarding President Gloria Macapagal-Arroyo's slew of executive appointments. Marquez stated that Mrs. Arroyo cannot use the Supreme Court's decision in De Castro v. Judicial and Bar Council to justify her midnight appointments. He explained that De Castro only recognized the President's power to fill an impending vacancy in the Supreme Court, but that there is still a constitutional ban against appointments to the executive branch. This is unusual because Marquez's statements appears to be an interpretation of the Constitution, not by the Supreme Court, but by himself. This is not the function of a spokesperson. I doubt very much that Marquez would have made the statement without the consent of the Supreme Court. Spokespersons clear their statements with their superiors; especially on controversial matters. So why did Marquez issue the statement? I think that this s...

Supreme Court Midas Marquez issued a statement saying that the President cannot use the recent Court decision ( De Castro v. JBC ) to justify her recent appointments . He explained that De Castro is not yet final and only exempts appointments to the Supreme Court from the ban on midnight appointments (which started on March 10 and ends on June 30). Marquez issued the statement following reports that the President appointed two Justices of the Court of Appeals, an ambassador, and board members to cultural bodies where no vacancy existed. That these new appointments are so blatantly unconstitutional can mean that the President has absolutely no respect for the Constitution and constitutional restraints. Or it can be another display of presidential craftiness. It is entirely possible that these appointments are part of a script designed to stave off criticisms about her control over the judiciary. These appointments will no doubt be challenged before the courts. They will be struck down ...

Chief Justice Reynato Puno ’s lukewarm response to pressure to make the Judicial and Bar Council ’s records open to the public is even more disappointing in light of the fact that the Chief Justice has made significant steps to address other issues gripping the country. For his work, and there is a lot of it since he became Chief Justice at the end of 2006, was recognized by the Manila Times when the broadsheet chose him to be “Times Person of the year.” (Rene Q. Bas, Chief Justice Puno: Times Person of the Year , Manila Times, December 30, 2007.”) The Times recognized the Chief Justice’ accomplishments which include the introduction of the writ of amparo and the writ of habeas data to stop the spate of extrajudicial killings and forced disappearances in the country. They are intended to address the weakness of the petition for habeas corpus. The Chief Justice noted that petitions for habeas corpus usually end up with state agents simply denying they had the missing person in...