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...

Commission on Elections Chair Jose Melo recently gave comments that contradict a Supreme Court ruling in 2001 ( Ang Bagong Bayani-OFW Labor Party v. Ang Bagong Bayani-OFW Go! Go! Philippines, G.R. No. 147589, June 26, 2001 ). He opined that the President's son Juan Miguel Arroyo could be a valid nominee of Ang Galing Pinoy, a party-list group that allegedly represents security guards. He added that limiting nominees to members of the marginalized groups is not wise. Tricycles drivers cannot be represented by one who did not finish high school; "they should have somebody to speak for them," he said. This is not the tenor of the Supreme Court decision in Ang Bagong Bayani . In the 2001 Supreme Court decision, a majority of the Supreme Court, including then Justice Melo , provided guidelines for the COMELEC in screening party-list nominees. Among others, the Court said that: ...not only the the candidate party or organization must represent marginalized and underrepresented...

I am a little puzzled over the concern over the coming vacancies in the Supreme Court. In 2009, the Supreme Court will have seven vacancies and constitutionalist Fr. Joaquin Bernas and civil society groups are calling for increased citizens’ participation in and closer scrutiny of the choice of nominees to the Court. I have reservations about these efforts and what they seek to achieve. President Macapagal-Arroyo has already appointed 14 different Justices after she became President in 2001, 12 of whom are still sitting on the Court (two have already retired). Of those who are retiring next year, two of them—Consuelo Ynares-Santiago, Leonardo Quisumbing—were appointed by other Presidents. This means that in 2009, Arroyo would have increased the number of her appointees from 12 to 14. Chief Justice Renyato Puno, who was appointed by President Ramos will be the only one Justice not appointed by President Arroyo. President Arroyo already appointed 80% of the membership of the Court. After...

For the second time now, Newsbreak has written an article blaming the President for the creation of new local government units. Last August, Newsbreak wrote that Arroyo's administration "is guilty of making it more difficult for [cities] to make ends meet." According to Newsbreak, "Malacañang is perceived to be encouraging the practice" of creating more local governments and that "[t]he President has not discouraged her allies in the legislature from creating new local entities." Newsbreak added that "local government leagues have lobbied for an end to it—to no avail." In an earlier post I ridiculed this assessment by pointing out that the creation of new cities became a trend long before Arroyo assumed power. The rush to "cityhood" was triggered by a badly written provision in the local government code that provides cities with a larger share of the Internal Revenue Allotment (IRA). This share allowed Local Government Units to mee...

A recent Newsbreak report, GMA Creating Too Many LGUs , by Miriam Grace Go (August 22, 2007), unfairly blames President Gloria Macapagal-Arroyo for the increase in the number of local government units in the Philippines. This increase, particularly in the case of cities has been going on ever since the Local Government Code of 1991 took effect. It is encouraged by two features of the Code: (a) the formula for the distribution of the internal revenue allotment that favors cities, and (b) the relative ease in making cities. Politicians determined to increase the financial resources of their governments have been campaigning to upgrade into cities ever since they discovered these weaknesses in the Code. In 1986, there were 73 provinces, 60 cities, and 1,530 municipalities in the country. Just before the Estrada administration collapsed, there were already 110 cities. On March 5, 2001, less than two months into office, President Arroyo signed 14 bills on the conversion of municipalities i...