Are we surprised?
The Supreme Court has temporarily stopped the House of Representatives from hearing the 2 impeachment complaints filed against Ombudsman Merceditas Gutierrez.
Court Administrator and SC spokesman Jose Midas Marquez confirmed the news Tuesday, a day after Gutierrez filed the petition.
Eight magistrates supposedly ruled in favor of Gutierrez, citing the one-year ban rule in lodging impeachment cases, a source said.
Three magistrates ruled against the status quo ante order, which mandates parties to set aside all actions so far rendered on the issue. They are: Associate Justices Antonio Carpio, Conchita Carpio Morales, and Ma. Lourdes Sereno.
The source said most of the 8 magistrates are familiar faces, who also voted to give then President Gloria Macapagal-Arroyo the leeway to choose the next chief justice despite a supposed constitutional ban on appointments.
In a March 2010 ruling, the SC said the ban does not extend to the members of the highest court in the country, allowing Arroyo – then in the final months of her presidency – to choose the second most senior magistrate, Renato Corona, as Chief Justice.
Associate Justices Teresita Leonardo De Castro, Antonio Nachura, Jose Mendoza and Arturo Brion are abroad and have failed to cast their votes.
In her petition asking for the halting of the impeachment proceedings against her, Gutierrez urged the high court to nullify the September 1 and 7, 2010 resolutions of the House justice committee that found the 2 impeachment complaints sufficient in both form and substance.
Gutierrez had said the committee acted “with indecent and precipitate haste, arbitrarily and whimsically disregarded the clear and express provisions of Section 3(5), Article XI of the 1987 Constitution, which bars more than one impeachment proceeding against the same impeachable officer within a period of one year; Section 13, Rule 110 of the Rules of Court, which provides that a complaint must charge only one offense; and Section 8, Rule 110 of the Rules of Court, which provides that a complaint must aver acts or omissions constituting the offense.”
The complaints, filed separately by former Akbayan Representative Risa Hontiveros and members of the Bagong Alyansang Makabayan and other militant groups, accused the Ombudsman of culpable violation of the Constitution and betrayal of public trust.
They were given 10 days to comment on the petition.
Arroyo court
In Malacanang, Presidential spokesperson Edwin Lacierda said “we respect the decision of the SC and we are confident that they will decide on the case based on the evidences and arguments presented.”
As expected, the ruling was met with criticisms.
In a statement, Bayan Muna Rep. Teodoro Casiño said “the Ombudsman is apparently one of the few people who can make the SC jump and act on a petition within 24 hours. The court should have been more prudent in interfering with the impeachment process considering that this is the exclusive domain of Congress.”
He added, “it certainly doesn’t look good for Arroyo appointees to help each other out this way.”
For her part, Akbayan Rep. Kaka Bag-ao said Gutierrez’s petition is a mere dilatory tactic.
“We are confident that, if necessary, the committee would be able to explain to the SC that the process complied fully with the constitutional requirements,” she said.
She stressed Gutierrez will be impeached, no matter what.
“Her delusions that she is beyond the reach of the law should stop, and if she really believes that she has done no wrong, she should respond immediately to the charges and stop hiding under the skirt of judicial protection,” Bag-ao said.
House Committee on Justice Chairman Neil Tupas, on the other hand, warned of a constitutional crisis.
“The status quo ante order issued by the SC is surprising considering the exclusive power given by the Constitution to the House of Representatives to hear impeachment proceedings,” he said. – with reports from RG Cruz, Willard Cheng, ABS-CBN News
Does that mean that they had already filed an impeachement complaint against this vampire/she wolf these last 12 months?
If so, the fellows who filed this “2nd” complaint didn’t do their research… Good heavens! Tupsy turvy!
Gloria had her and Gutierrez’ backs covered… we all knew that. Nothing remotely judicious can be expected of this supreme court. They will pervert the course of justice to save their own skin.
Who filed the first impeachment against this Gloria toady…when?
Expect nothing from the Supreme Court of Gloria Arroyo, members are appointed by the unana for the sole purpose of protecting her loot and sins. Besides, the PNoy seems not interested in kicking this Gloria’s footman anymore, bff na rin yata sila. 🙂
Ang nakita ko Plan A at Plan B lamang hindi ko nakita itong Plan C (go to the SC for the TRO).
Plan A – patayin ang complaint sa House. Peter Favila, Jake Lagonera, and Medy Poblador were reported sighted in the House rounding up support for Gutierrez acquittal.
Plan B – Gloria reportedly asking a powerful religious group that endorsed Aquino to lobby for the appointment of her man as presiding justice of Sandiganbayan, the court that will decide on her cases when the time comes.
Talagang masigasig si unano.
Plan B, baka nauna na yan? That explains why the seeming distance attitude of PNoy from the case. OLE!
the Bantay Salakay partner of gma Merceditas Gutierrez was trying desperately to delay the inevitable, knowing whatever she does now, she will definitely be impeached.
SC TRO would only make congress more determined to impeach Gutierrez.
#5
wala pang pinipiling presiding justice.
tama lang na dumistancia si PNoy sa kaso kahit na sabik na sabik siyang matanggal si Ombudsgirl para walang accusation na nakikialam siya o binibili niya ang desisyon ng batasan. Tama lang na pumapel siya na rinirespeto niya ang independensya mg batasan.
there are more pressing issues that the president must tend to, foremost are economic ones…i just hope that there is someone in his team who will focus on this “back issues.” the country needs money, it will be more urgent as the months go by, that is what the president should focus on…
Tama lang na pumapel siya na rinirespeto niya ang independensya mg batasan.
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totally agree…
i’d rather he focus on things like creating a conducive environment for businesses to flourish, perhaps lower power rates, more incentives for the manufacturing and export sector, and do something about this wto obligations that are killing local industries…position the country as manufacturing site alternative for china by rationalizing costs and strengthening ipr measures…
i believe most of us kind of expected this Merceditas thing, it seems backup plans were already set for gloria, together with misdirection strategies…she has after all, a lot of money to throw around…she can buy media exposure (or non exposure), loyalty, and the best political/legal strategists in the country…but if we let this hinder us from major goals, she wins…all she needs to do is “hinder” and the rest will fall into place…
@#4
“Plan B – Gloria reportedly asking a powerful religious group that endorsed Aquino to lobby for the appointment of her man as presiding justice of Sandiganbayan,……”
Why would Gloria asked this “powerful religious group” to interfere on government business? Is there a solid evidence or an iota of evidence that this group interfered on government businesses in the past?
Why suspending the proceedings of the legislative branch of gov’t? Look at the dissenting opinion of the 3 justices voted against. At least these 3 justices have moral values to protect our judicial system. Pero itong mga cohorts ni evil glorya sobrang garapalan na. Regardless if the congress passed how many complaints are there, e wala pa nga sa 1 year yong provision ng pag deliberate. Lumalabas tuloy na talagang napaka-corrupt na ng pamumuno ni Corona sa SC. Garapalan na tuloy ang pag bigay ng opinion ng SC.
Sangayon ako doon sa sinabi ni Cong. Tupas. Lumalabas tuloy ngayon na saklaw na pala ng SC ang Congress?
What a corrupt justices we have! Tingnan niyo ngiti ni bruhilda, ngiting aso at puro panglabas lang. Tuwang-tuwa na naman ngayon sina baboy mike at evil glorya dito. What a shame to our Filipino identity!
@12
1, Why would Gloria…. eh maybe because she has no other conduit to the Palace?
2. Is there solid evidence an iota of evidence? Yes.
There is no documentary evidence but there are mountains of anecdotal evidence if not direct testimony from those who brag that they got their appointments through the church group.
Hey but the Catholic Church does it too.
From Alberto Madrilejos:
This only proves that we presently have the most pakialamero and abusive Supreme Court in history.
What happened to the equality among the three branches of government?
The Arroyo Supreme Court is paying back its utang na loob to the equally abusive President who appointed them.
Carpio-Morales penned the Francisco decision which laid down the one-complaint-per-year rule. I wonder how she phrased her dissent this time.
That decision, as I posted many months ago, was based on the ruminations of Regalado Maambong, which was ignored by Justice Cecilia Munoz-Palma. But Carpio-Morales used that as basis for the “intent” of the framers of the Constitution. That was done to save Davide.
Now their chickens are coming home to roost.
Wonder when Carpio’s memo opinion to NAPOCOR, re IMPSA will come back to haunt him.
http://www.philstar.com/Article.aspx?articleId=191552&publicationSubCategoryId=63
#4…. talagang masigasig si unano kaysa itong administrasyon abnoy puro mga amateurs, apprentice kung tawagin.
#7…. lagi naman dumidistancia itong ni abnoy, kapag may problema laging umiiwas kasi hindi alam kung anong gagawin nya at pano maresolba…. kasama na ang mga first gentlemen niya laging rason ang kanilang abnoy na laging iwas pusoy.
Dumistansya si PNoy para hindi raw sabihin na sya ay nakikialam sa SC, separation of powers baga. Pero ang problema ay pinakialaman ng Judiciary, sinuspindi pa ang congressional proceedings na legislative function naman. Ang sabi ni Belmonte na tuta ni Gloria pumakabilang bakod sa LP ay respetado raw nila ang SC. Hindi ko maintindihan ang separation of powers dyan. Atty sax, ayos ba yun?
Ang suwerte ni Malditas dahil mayroon siyang Arroyo Supreme Court. Palagay ko TRO hangang magretire at pagkatapos moot and acedemic ang desisyon. Ang galing ng mga Pidal.
Walanging, talga naman, you have to give to Gloria – napakagaling niyang magplano.
Gumagana check and balance??? Tingin ko tagilid ang mesa pabor kay glue – Ang pandikit, tuko kong kumapit! Do not forget, hawak ni Gloria ang yagbols ni Renato!
Congress will proceed with impeachment of Merceditas Gutierrez,the SC TRO only make congress more determined to impeach gutierrez, the TRO added fuel to the burning desires of people to have gutierrez impeached.
fast forward to the future…
with a little help from her friends, gloria will run for the presidency in 2016.
(maganda nga sanang na-challenge na dati pa sa arroyo court ang erap “reelection” bid bago nag-May election eh!)
Sabi ni Glorya sa SC …… very goooood!!!!!!!!!!
personally i see all this as “misdirection” minefields and attempts to tie up the hands of this administration…already people are falling for the gambit and valling for the president to “micromanage” so early in the game. this he should not do. prioritize key objectives, delegate others…this one falls in the “others” …
…only simpletons and “losers” will fall for this trap…
we have a job to do, lets just do it…
Kaya kampanteng kampante si midget dahil ilinagay na muna niya lahat ng tuta niya sa mga matataas na posisyon bago siya napilitang bumaba sa trono niya. Kung baga, gumawa siya ng “fortress” na hindi madaling mabuwag ni Pnoy. Tuloy pa ang ngising aso niya nung kinuha ni Pnoy si Davide para sa kanyang “toothless” commission. Kukuyakuyakoy siya dahil marami sa mga galamay niya ang ipinuwesto ni Pnoy sa mga matataas na posisyon.
parasabayan,
gloria’s money could have tainted anyone…but we’ll see their colors as the days go by, let them make the first move to expose themselves…
i hope the president sees that there is one group that was shielded from all these rot, the incarcerated officers who defied gloria…they never accepted deals, they stuck it out (and still are)…if he is looking for people who will not stab him in the back but will hesitate and even question if he has unlawful orders (prevents him from falling in traps), he doesn’t have to look far…
congress should not respect a SC which violates constitution and infringe on their mandate, only fools will abide with a decisions made by foolish and corrupt people, congress should proceed with impeachment proceedings!
congress should not respect a SC which violates constitution and infringe on their mandate, only fools will abide with a decisions made by foolish and corrupt people, congress should proceed with impeachment proceedings!
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very true! let them fight for their mandate. i hope they see this fight as a fight for justice and a fight for the future ot the country…let congress do something heroic for a change…
Hindi kaya moro moro lang ang mga yan. Nuong una alam ko excited si Penoy na masibak si Mercy, but, a big but, lately parang wala siyang go signal sa congress na tuluyan na yan. Isip ko baka may nakuhang mabigat na padrino si Mercy.
Impeach the Supreme Court. I think I read somewhere that impeachment is a political exercise, so hindi na dapat makiaalam ang SC dito. Kung hindi papalag ang congress sa SC ngayon, lagi na lang makikialam ang SC sa kanila. Hindi naman yata labag sa Konstitusyon na impeach ang buong Supreme Court.
the house should proceed with the impeachment. what is the sc going to do? physically stop them from holding taking a vote?
baka kaya lipad ng lipad sa hk si gloria; nagtra-transfer siguro ng pera sa account ng kungsino.
Gloria was indeed very smart. Bago siya umalis sa Malacanang, she made sure that her men were properly placed in the government, police, military, congress and judiciary including SC. Kaya ngayon hirap tayo na gumalaw kahit first base man lang.
This is a “proxy-spar” between Noynoy and Corona. Everyone knows that they don’t see eye to eye when Noynoy refused to recognize the validity of his appointment although he blinked first later.
Round one belongs to the CJ.
Round two will be the decision on the validity of the Truth Commission.
We just hope that personal feelings and settling of scores involving the highest officials of the two branches will not in any way be a factor and impede the search for justice.
masha, sa private banking, dapat meron kang at least US$25M (New York) para i-open ka ng account, pero sa Hong Kong, pinapatulan basta lampas US$1M. Si Nani Perez, pinatos ni Ernest Escaler yung $2M pero malaki ang fee, nasa $300K. Mga $1.7M lang ang pumasok sa Coutts Bank.