Legion goes to the Supreme Court. In his column, Fr. Joaquin Bernas, SJ describes what the court must decide:
When the Sigaw petition goes to the Supreme Court, what issues will be raised? At least four issues will have to be examined. First, should the Court reexamine the 1997 decision? Second, if it does, should it reverse the 1997 decision? Third, are the changes being proposed allowable for initiative and referendum under the present Constitution? Fourth, should the Court say something about the 12 percent and 3 percent requirement, and if so, what should it say?
On the first question, the Court will have to decide whether the law involved is already dead and beyond the resuscitating power of the Court, and has already passed on to the domain of Congress.
If the Court takes up the second question, it will have to determine the extent of the power of the Court to review a decision of Congress when Congress has acted in obedience to a constitutional provision mandating it to implement a constitutional command. The 1997 Court was very strict on Congress. The current Court has been very liberal in at least two other instances—the party-list case and the right of holders of dual citizenship to vote even without the usual required residence.
On the third question, will the Court give a definitive distinction between “amendment” and “revision” and apply it to what is being proposed?
Finally, what will the Court say about the statement of the Comelec that Sigaw’s campaign seems to have satisfied the 12 percent and 3 percent requirement for initiative and referendum? Chief Justice Panganiban, in his dissenting opinion in the Pirma case raised very interesting questions which also need to be answered today.
Bernas seems skeptical that even if the Comelec is overruled, a plebiscite could take place by December.
Pasay City mayor vows not to give in. Something’s interesting about all these local government suspensions. I wish people from Baguio and Pasay cities would blog more about it. Is it as simple as the Department of the Interior claims? Or who stands to gain if local executives are suspended?
President slips from 4th to 45th in Forbes’ most powerful women in the world list. Ellen Tordesillas has more. See also an Associated Press story on the President:
And political survival may not equate to success for the Philippines. With four years left in her term, she has shown more skill at stamping out the political fires than putting the nation on firm path for economic progress.
“We won’t have the ability to do long-term planning and long-term execution,” Magno said. “Gloria will win but all of us will lose in the long run.”
This has got to be the most poorly-written header for a Palace press release: Statement of Secretary Ignacio R. Bunye Re Economic Matter. Expect another release: “Statement of Bunye Re Stuff.”
In the punditocracy, Lito Banayo will have a very interesting column tomorrow. For today’s columns, see Bong Austero who wishes various sectors weren’t at each other’s throats, and that everyone sat down together and worked things out rationally.
Gail Ilagan recounts her experience working with Macario D. Tiu who recently won the National Book Award (edging out one contender, of which I was a co-writer). Ilagan helps explain why Tiu’s book is so remarkable (Nagsusulat Lamang wons a Palanca award).
Can reform continue in Thailand if Thaksin remains?
Also, The Nation of Thailand editorializes on recent bombings in the country and what’s at stake, economy-wise.
Interesting article in Slate, on a defining moment for American newspapers.
In the blogosphere, caffeine sparks says everything that needs to be said about Justice Isagani Cruz.
Hillblogger explains accounts and such, from a European resident’s perspective.
Newsstand and Piercing Pens on a survey of potential winners for the Senate. Everyone seems surprised Rep. Chiz Escudero hasn’t done better.
My Liberal Times praises local government officials.
big mango compares constitutional change to software updates. Bunker Chronicles says, don’t laugh at ambitious ideas. Upoytaoism believes One Voice erred in recognizing the present government (speaking of One Voice, here’s a warning on “fast-break Cha-Cha”).
Bystander recounts what it was like to take -and pass- the bar exams.
The Citizen on Mars on adultery in the eyes of other cultures.
Book stuff and other readings : Newsstand encounters a fellow blogger at a bookfair; Mamutong on some sniping going on regarding a book on the “secrets of the rich”. Torn & Frayed says don’t count newspapers down and out yet: though our attention spans may be dwindling, indeed.
Technorati Tags: constitution, media, One Voice, people’s initiative, philippines, politics, president
The Bunye press release reads like a ‘Jedi Mind trick’…hmmm…let’s move on…
Duh? I thought they said in the past that we have taken off? I don’t know how many take offs our country would make before the palace finally admits its “down for repairs” than take off.
Mlq3… thanks for the link.
Meanwhile, Manuel B was wondering why the German bank rolled the red carpet for Mike Arroyo during a bank holiday.
Thought I’d share my comment, right off the bat, on the matter…
One of two things:
1. Santos might have been mistaken as to operating hours, days of the bank: that perhaps, Saturday is part of the Bayerische Hypo-und Vereinsbank official banking business days (possible because some European banks operate on a Saturday and are closed on Monday)
2. the German government “begged” the bank authorities to extend all assistance, help, courtesy or whatever to the so-called First gentleman of the Philippines for a senior official of the bank to put the red-carpet for the visiting indignitary, este, dignitary pala!
Just the same, the so-called certification could not have been issued, unless:
1. a big, enormous client (I mean REALLY BIG) of the bank requested the bank to assist Arroyo to help clarify matters; in this case, I suspect a client bank from the Philippines with an account with Bayerische Hypo-und Vereinsbank requested the Garmans to receive Arroyo
2. one of the members of Mike Arroyo, family or friends, who legally owns the correct account number (or the erroneous one) with the said German bank sent a letter of instruction (by fax or whatever) to the German bank to issue a certification stating that a MIKE ARROYO is not the owner of the real or legal owner of bank account in question; just the same, the said private client must be BIG enough to warrant such red-carpet, on a Saturday, courtesy from one of the bank officials.
This points to some kind of evidence: Mike Arroyo has connections with the bank in Germany through a surrogate holder, a dummy, a friend, a member of the family, etc. who, may be banking with the said bank.
Btw, am curious, is Bayerische Hypo-und Vereinsbank also the transit bank or clearing bank for BPI in Europe? Find the Philippine bank that uses Bayerische Hypo-und Vereinsbank for transit or clearing in Europe and perhaps, we may perhaps find who the “dummy” is…
Also, I was wondering if there is truth to news reports that Mike Arroyo submitted a fake, este erroneous bank account number to the Bayerische Hypo-und Vereinsbank. If that’s the case, it is easy for the German bank to say that they have no record of such an account in the name of Jose Mike Pidal Arroyo. They are technically not breaching any banking secrecy rules.
Anyway, even if for the sake of argument, the real bank account number (which was attributed to Mike Arroyo by Rep Cayetano) surfaces and is found to contain ZERO or 100 Euros only, it still doesn’t mean that the account does not contain a large amount of ill-gotten, laundered or whatever. (Must admit “large” is relative.)
How? Simple, the owner of the account may simply have stashed the funds away in one or several of the bank safes of the bank itself that he/she rents for the purpose. The bank can NOT know (and rightly so) if money, Euros or US dollars for that matter, are hidden in the safe.
For info, bank safes in Europe come in different sizes or 3 standard sizes. Also, a client can technically open as many bank safes as he/she wants and could easily stash away (renting a bank safe costs as little as 75 euros per year) as much money or as many documents as he wants in one or all of them without anybody in the bank knowing their contents.
Bonne chasse!
Referring to the nursing exams cheating, how nice of Bong Austero to write, “I think we need to ferret out the truth and punish the guilty.” Why not just “move on”, as he piously advised in his famous/infamous “Open Letter” on the “Hello, Garci” scandal? Or is he now also prepared to ferret out the truth about GMA’s election cheating and punish the guilty?
MLQ3 must have been impressed with upoytaoism’s criticism of One Voice, he linked to it twice.
heh. i did?
i think the reason why chiz escudero is not scoring brownie points is due in large part to his understated style. Despite of the fact that he is an excellent spokesperson, Escudero comes across as a moderate and hardly comes across as “inspiring” to the common folk. I think the masses prefer fiery individuals who appeal to the emotions and deep-seated convictions with tried and tested rhetoric like Loren Legarda. The young dog better learn some of the old bitch’s tricks (mind you, this is the zoologically term, hehe) to survive.