Main Decision
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287.pdfSeparate Opinions:
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_carpio.pdf
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_brion.pdf
Concurring and Dissenting opinion
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_delcastillo.pdf
Separate Concurring Opinion
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287
_bernabe.pdf
Concurring Opinion
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_leonen.pdf
The progressive groups –Anakbayan and Kilusang Mayo Uno- have hinted on impeachment in their statements hailing the High Court’s decision on DAP.
Anakbayan’s Vencer Crisostomo said, “Aquino and his pork gang should resign now in shame. Calls for him to be removed from office via impeachment or via a people’s uprising is growing and is increasingly justified. Aquino and his pork gang should be ousted.”
KMU’s Elmer Labog said, “The SC ruling could only further fuel calls for the Pork Barrel King’s resignation, if not ouster from office.”
Yesterday, the Supreme Court, voting unanimously (13-0) ruled as unconstitutional “cross border transfers of the savings of the Executive to augment appropriation of other offices outside the Executive; funding of projects, activities and programs that were not covered by any appropriation in the General Appropriations Act; and withdrawal of unobligated allotment from the implementing agencies and the declaration of the withdrawn, unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of savings contained in the GAA.”
Not knowing about DAP then, Estrada revealed that he and 19 other senators received at P50 million to P100 million in additional lump-sum allocations and linked the huge sums to their votes for the conviction then Chief Justice Renato Corona in the 2012 impeachment trial.
Abad later confirmed the release of P1.107 billion to 20 senators and said that the funds came from the DAP.
It was later found out that there were a number of infrastructure projects in the GAA that were called canceled and the funds were re-aligned to projects submitted by the senators.
Malacanang supporters then twitted that Estrada’s speech was a “dud.” Well, they spoke too soon.
The SC decision has given enemies of the Aquino a potent weapon to attack him and that would be through the filing of impeachment complaints. But the question is, will the impeachment complaint prosper?
House Speaker Sonny Belmonte is said to be in firm control of the Lower House but Malacañang can’t be complacent. They will have to make sure that congressmen won’t succumb to the lure of the enemies of Aquino. Without DAP and the Priority Development Assistance Fund (which has also been declared unconstitutional by the SC), Malacanang would be hard put to match the incentives of those who want to oust Aquino.
This is definitely a blow to Aquino and his “Tuwid na Daan.
This will hurt his ego but it should tell him and his advisers that just because they are in power, they are not infallible. Some humility should do them good.
Not even one of his appointees came to its defense, tsk. Miriam Defensor Santiago was saying it was really no contest. It’s like saying “look, it is clear as day, you must be a dork not to see it.”
What a shame, that coups and impeachments are the only way the divided Philippines can feel like progress is being made. But it is not progress. It is reversion to the ways of a banana republic, one step forward, two back.
The “Tuwid na Daan” is a shameful betrayal of public trust by proponent current President Benigno Aquino III with the corroboration of his Budget official, Florencio Abad, in the Executive Department.
They see themselves as gods for they intended to circumvent the laws to gain power as “financial dictator” of the country. They cannot do a common good of the people but to serve their own interest only, that is to enrich themselves out of dirty or stolen money to feed themselves and their families and friends. Could you imagine yourself shoveling into your mouth dirty gravels instead of clean food proceeded from the grace of God. Its also the picture of shoving to the throat of your children and elderly parents and relatives a bunch of dirty gravels into their mouths by highly spiritual people who professed to be (sic) Christians, while they do not see anymore in the persons of the Filipinos not having anymore the image of Christ, the reason it is good for themselves to steal taxpayers money or public finds.
Should impeachment proceeding progress in Congress pretty soon, every member of Congress who will eventually upheld for this injustice shall properly identified to be voted out in their next election time.
But why should the President be culpable if his program or policy after the SC review been declared not in adherence with the Charter? He will be culpable if after it was declared unconstitutional his administration disregarded the Court’s rulings.
That was the reason why the SC of Canada established a set of test where the legislatures can test their proposed bills, policies before enacting them to make sure that whatever Infringement there is, is within reasonable limits and if in doubt can ask the opinion of the SC in reference Question..the opinion is not binding , but the SC would not declare the Act illegal for which it give an opinion that it is Not..
And still for example the govt believes that the “DAP” is a necessary evil it can invoke it’s “notwithstanding clause” power that will allow the program to exists disregarding the court ruling for 5 years and can be reenacted indefinitely. And if invoked before it is Challenged, the court can not review the Act for the same terms..
The logic is Nobody can punish the Justices for Bad Decision, but the voters could the Politicians for Theirs..
#3, Jose, isn’t free speech wonderful? Even extremist views about 5 standard deviations from the mean are allowed to take up space in a blog thread. I am constantly amazed that Filipinos, who created this culture of power and favor, always elect a president and expect him to run things as if he were born in the U.S.A. hahahah, ooooh my, yes!
A dissent usually points out why the majority is wrong. A concurring opinion, on the other hand, agrees with the majority, but may differ a bit in the analysis. So it also takes issue with the majority (Bersamin)
But Leonen’s concurring opinion goes after the Carpio opinion, not the majority. Looks like the new kid on the block wants to cross blades with Carpio.
Is it the case of a heavyweight versus another heavyweight? Like Scalia versus John Paul Stevens? or Scalia versus Bader-Ginsburg?
Or is it a heavyweight making the newcomer look just like that – a newcomer? A la the late Serafin Cuevas versus Niel Tupas?
Or is it the younger one making the older fellow look bad? Perfecto Fernandez versus Turing Tolentino in a lecture in UP in 1984?
I will not infect you with my assessment. Read both “concurring” opinions and judge for yourselves.
Thanks for the links to the writings. Very useful. I find that I am always drawn to the writings of Justice Carpio, because he is a very smart guy. His essential conclusion was that noble intent does not mean breaking the law is allowed. He actually found 4, not 3, practice in violation of the Constitution. I think the next discussion ought to be was it a WILLFUL violation of the Constitution. Law is for sure a vague and argumentative business.
Manipulation, fueled with good intent, can be a blessing. But when used wickedly, it is the beginning of a magician’s karmic calamity.― T.F. Hodge,
http://www.philstar.com/headlines/2014/07/03/1342003/sc-justice-abad-aware-dap-tainted-unconstitutionality
Kung pumorma yan leftist bloc sa House akala mo hindi sila nakinabang sa daandaang milyon na pork na tinanggap nila mula 2010.
Ang kikintab pa ng mga nguso sa taba ng lechon na nilamon eh kung umasta akala mo mga vegetarian.
Did anybody read the opinion of the plagiarist? It is the opinion most supportive of the Penoy.
Well, let me read again the opinion of Leonen. Maybe it is a tie between the plagiarist and the new kid on the block.
Hinahabol pa ba ang Nobel Peace Prize? Para que pa? Mayroon nang ignoble prize.
Yeah, now Binay gets to fufill his presidential ambition much easier, much faster. And holds it for 8 long years.
Two words: We’re fucked.
I don’t think any impeachment attempt will succeed and result in the ouster of Aquino before 2016. But it will destabilize him and make him even more lame duck.
We’re really fucked. Binay is the leading presidential contender and if ever he becomes president, goodbye to all the sins of Noynoy and company.
Binay, besides who have a questionable past during his entire political career, is no doubt a Yellow submarine roaming the Pasig river waiting to launch his takeover of the palace.
kahit na sino naman sa mga nag-aambisyong umokupa sa malakanyang ay hindi nawawalan ng batik sa pangalan.
munti man o nagdudumilat na kasiraan ay hindi nalilihim sa mata ng media. kung minsan nga, ‘yung ipot ng butiki ay nagagawang takpan ang ga-bundok na na gustong itago.
sa mga katulad naming wala nang pagpipilian, KUNG sinong pulitiko ang makapagbibigay ng panimulang kabuhayan at masisilungan ay tiyak na aming iboboto.
mag-iisang taon na mula nang kami ay masunugan sa zamboanga at maabo ang lahat ng ipinundar na kabuhayan SUBALIT hanggang ngayon ay pinagmumukhang busabos ng mga pinunong nangako ng dagliang tulong.
‘yung PhP5.8 BILYON pondo para sa aming relokasyon, saan na napunta?
kahit pahapyaw na balita at palipad hanging pakikisimpatiya ay wala na kaming natatanggap.
maraming salamat!
#12. Titiisin ko na lang si kuya Noy2 kesa maging instant president si Nog2. 😀
Di ma-iimpeach si Pnoy. Halos lahat ng mambabatas eh kaalyado niya. After he steps down, yun pa. It will depend on whether the next president will be his annointed. Mukhang si Nognog gun. Gee, I wonder what happens to the Napoles whistleblowers. when Enrile, Estrada finally gets acquitted, that is when Binawins. Nakupo!