Was GMA correct in appointing a Chief Justice?
By TheAdvocate
@TheAdvocate (2392)
Philippines
May 13, 2010 7:41pm CST
Some people think that despite the SC pronouncement that GMA can appoint the next CJ, do you think she should have given that there are a lot of objections to this midnight appointment? Should she have exercised delicadeza and left it to the next president? is the appointment legal given that the current CJ retires on his birthday on May 17?
Enrile on the other hand says that Noynoy should be grateful that there is no vacancy in the CJ position as Noynoy will have to swear in before the CJ.
What do you think?
2 people like this
13 responses
@LetranKnight25 (33121)
• Philippines
14 May 10
hello advocate,
I think the question that needs to answered is, WHY? what's the point since there are other judges who can decide for it, what serve purpose will it do, making the other judges look useless or simply giving GMA one last day of exercising her powers.
And how can Noynoy Aquino thank GMA when he has hated this person since the start of the campaign
we should review the constitution regarding this matter. even gordon doesn't agree with it, and look even WINNIE MONSOD rallied against, so there must be something wrong. well, constitution states that President can't appoint CJ, i think. well, anyways, the reason why people are afraid because they might think there's a break of corruption in the justice system.
1 person likes this
@TheAdvocate (2392)
• Philippines
14 May 10
Yes, why indeed now? The SC is a collegiate body, and there have been numerous times in the past where an Acting CJ was appointed in the meantime. Plus, seniority is respected in SC. There really is no reason to speed up the appointment other than their fear that the next president will retaliate at them for being pro-GMA.
@TheAdvocate (2392)
• Philippines
14 May 10
I guess we have all spotted what she is planning but she is playing the innocent. She is packing the SC with her appointments.
@rsa101 (38126)
• Philippines
14 May 10
Well I somehow am 50/50 on the decision made. On the side of GMA, the Supreme Courts have decided on her favor that is why she exercised her right to appoint for the last time. And Enrile backing up the appointment also has a point that the CJ is the one who should administer his oath taking so if Noynoy would be assigning his own choice then it would just mean that there is no one to administer the oath unless there is an acting CJ that is assigned in the meantime. But that I think is not favorable with the Supreme Court.
With the delicadeza issue that sounds to be appropriate at this time. The newly installed CJ is just 53 years old that means that the whole term of Noynoy he will lead supreme court. Since he is so grateful for GMA then there is a possibility that he would protect her interest especially when things like the scandals will be forwarded to the SC.
@rsa101 (38126)
• Philippines
14 May 10
I agree too, I think that since SC is on her side she took advantage of this privilege already. I am just not sure if SC would hear the request of the incoming president to hold on to the assigning of SC justice and give him the privilege of choosing who he wants. I think in his term Noynoy would be given a chance to assign one when the senior justices would also have their time to retire. But with the CJ he would not have a hold on it.
@LetranKnight25 (33121)
• Philippines
14 May 10
she's been doing this as well in changing diplomats or ambassadors in our embassies in different countries. as if she can what ever she wants with out explaining her side. probably got traumatized after saying sorry on the hello garci scandal
@TheAdvocate (2392)
• Philippines
14 May 10
True, the CJ's birthday complicates the issue. But what can he do, he cannot postpone his birthday to coincide with the political calendar of the Philippines? But I think I heard it on the news that there have been instances in the past where the post was vacant. After all the SC is a collegiate body. One of them can take the temporary post of Acting CJ until the next one is appointed.
The newly installed justice will hold office until 2018, longer than Noynoy's term. So the appointment will really make an impact on the country. But what can we do if our president does not have delicadeza?
1 person likes this
@mercedlegurpa (955)
• Philippines
14 May 10
What do I think? Well I hope I'm not right. GMA's midnight appointment is a kinda preparation for her to be back in MalcaƱang. Do you agree? I tell you what, now she was proclaimed as representative of her district in Pampanga, she will become speaker of the house. And once she became speaker, she and her fellow congressmen ( those of her administration before) will make a law regarding to change our constitution. And of course they will win to pass a law that would surely make her a prime minister. What's the rule of the recent appointed CJ, of course he will sign that law.
@TheAdvocate (2392)
• Philippines
14 May 10
I agree with you, it seems like our soon to be ex-president is laying the groundwork for her return to power. She packed the Supreme Court with her appointees who actually made it possible for her to appoint a CJ despite the opinion of learned jurists and the objection of the people. She demeaned the office of the president by running as congressman. Does she not realize that she is one of the most unpopular person ever in the country, coming close second to the Ampatuans? Only Pampanga accepts her mainly because she hails from their province.
@mercedlegurpa (955)
• Philippines
14 May 10
The Filipinos worst attitude is: so regionalistic,their ego boosted if one person from their province hold a position in the government. Just like the Ilocanos; because Marcoses hail from Ilocos, they still voted them despite their being corrupt, immoral and plunderers. I really don't know what has gotten into the minds of some fellow Filipinos. I'm not saying I'm perfect but I always for the record of a certain candidate not where he came from. I voted Noynoy despite my being a Cebuano.
@TheAdvocate (2392)
• Philippines
16 May 10
Isn't is sad that we are so fragmented? I agree with you that this particular Filipino attitude is one of the causes of our problem. We think that just because we hail from the same place as the candidate, he is a good person. I thought long and hard about voting for Bayani NOT because I thought that my vote would be wasted as he was trailing in the surveys but more because I did not want to just vote for him just because he is a Marikeno like me. Luckily for me, he has accomplished a lot to justify my vote for me.
@Saranggola (956)
• Philippines
14 May 10
I have greatly admired GMA with her economic reforms. The thing is, those people who surrounded her brought her downfall.
@Saranggola (956)
• Philippines
15 May 10
Waah! Advocate I'm really really sorry about these 2 posts. See I opened multiple tabs and read the discussions through my mail. Whew. Then I think I carelessly posted here. Sorry again. I'll be more careful next time.
@Saranggola (956)
• Philippines
14 May 10
Hmm, no one can be really sure why GMA did this but I think this just shows that she doesn't have confidence in Aquino's capabilities.
@TheAdvocate (2392)
• Philippines
14 May 10
Why would you say that she has no confidence in Aquino's capabilities? I can't follow the logic.
@anne25penn (3305)
• Philippines
14 May 10
I think delikadesa has long exited from GMAs vocabulary. In the past year she has been very careful in her actions to make sure that the next president will either be someone she can manipulate, or she will place people around this president that she can manipulate. I also don't like Enrile. He goes up there with other TRAPOs who do things because they have personal ulterior motives.
@TheAdvocate (2392)
• Philippines
14 May 10
I agree! Despite her extensive language skills, she does not have any idea what delicadeza means. Well, probably she knows but she chooses to ignore it.
In the past she thought that she had enough power and influence to secure her future. Apparently she did not count on her being one of the most unpopular persons ever. I think she's really scared what might happen to her and her family in the future.
I don't like Enrile either. He is like GMA, always putting his interests ahead of the nation.
@michaelharvest (40)
• Philippines
14 May 10
NO! She don't even deserved to be the president of this poor and corrupt country! She did that coz she's planning something about her future return to the malacanang..lol..
@TheAdvocate (2392)
• Philippines
14 May 10
True! Isn't it pathetic that everyone realizes what she is doing and yet she is still persisting? We can all read her (even if she is not a book :-)) but she and Malacanang pretend that there is nothing wrong with what she is doing. She is really desperate to cling to power.
@elvira1 (101)
• Philippines
16 May 10
Or, is it possible that GMA have considered Chief Justice Puno's date of retirement prior to appointing him in the first place? She really might have plans for her immunity with the scandals wherein she's said to be involved. I am sorry for this but this idea made me really think hard.
@elvira1 (101)
• Philippines
16 May 10
Much as I wanted to give GMA the benefit of the doubt, I can really say that she has something fishy in her mind here. It seems like she is in a panic upon knowing that Aquino would be the next president plus the vice president's seat is like a battle between Mar and Binay. She knows that she doesn't have the hold for these three men. Thus, appointing the CJ days earlier is the only thing she sees is a wise move in her favor. As an ordinary person, I can say that making midnight appointment for CJ is GMA's workaround so she could still have control. She might be expecting that the newly appointed CJ will have this "utang-na-loob" so that when it is her turn to ask for favor from him, she can have what she want. Let us all just hope and pray that the newly appointed CJ won't have this attitude towards GMA for her selfish reasons. Delicadez? GMA should have shown delicadeza to the Filipino people before she steps down from her presidency.
@evepin (721)
• Philippines
14 May 10
sorry but i think that woman does not have any delicadeza at all and will stop at nothing to get her way into the top spot once again. hello, where have you heard that a president after the terms finishes runs for a lower post? its very obvious that she is very hungry for power and she's using this as a means to avoid being charged for all the wrongdoings she did in the past.
if she had some integrity left she should have just left the appointment to the next president. she just couldn't let go. what a sad sad woman.
@TheAdvocate (2392)
• Philippines
14 May 10
Agree, agree, agree! Isn't it just so abhorrent?! A president stooping to run for Congress just for a shot in case we change our constitution? I really could not take it. I don't she had any integrity to start with anyway. Remember how she worked with Erap and then when the storm started she just left her President? No integrity at all.
@Saranggola (956)
• Philippines
14 May 10
I have greatly admired GMA with her economic reforms. The thing is, those people who surrounded her brought her downfall.
@cris_85 (40)
•
14 May 10
Thats right for her to appoint a Chief Justice. That position is vacant in May 17. Who do you think will proclaimed him as next President of Republic,Kris Aquino? Next President will swear in front of the Chief Justice.
@TheAdvocate (2392)
• Philippines
14 May 10
Well, she should have waited for May 17. The SC spokesperson clearly said that if the position is not vacant no appointment to said position is valid. By appointing several days early, she just made the appointment subject to scrutiny. Why can't she wait for a few days? What is so important that she put it under a cloud of doubt? That was clearly irresponsible of Malacanang.