Sen. Miriam Santiago hit by online petition of Fil-Ams

[Kray0n]

Yes, admit it or not, the performance in the bar exam is one of the criteria, again, one of the criteria. Kung hindi sya criteria for gauging one's expertise, eh di dapat tanggalin na ang bar exam....

performance in passing the bar exam. once you passed, you are qualified to be a lawyer. didn't you know that?

[blue_tracer]

pasado pa rin si sen. miriam sa bar. yun ang importante. may master's, may doctoral degree. dami niyang post graduate studies. mahirap pasubalian yun.

magiging international judge ba 'yan kung wala siyang brains.

[Kray0n]

pasado pa rin si sen. miriam sa bar. yun ang importante. may master's, may doctoral degree. dami niyang post graduate studies. mahirap pasubalian yun.

magiging international judge ba 'yan kung wala siyang brains.

yup, I agree, who cares about the result of ONE exam anyway? you prove your worth everyday, and both Enrile and Santiago are qualified for their jobs. I don't even get why this is an argument anyway, she is clearly intelligent.

[blue_tracer]

yup, I agree, who cares about the result of ONE exam anyway? you prove your worth everyday, and both Enrile and Santiago are qualified for their jobs. I don't even get why this is an argument anyway, she is clearly intelligent.

buti nga 'passer' lang si miriam sa bar. if she got the 1st place, abah baka mas maniwala pa ako na brenda na nga siya. that shows she's still a 'normal' person after all.

[manilaB]

I agree that things should be clarified by legislators to avoid this question being invoked by officials in courts (again).

However, in the meantime...

We all know that the absolute secrecy of FCDs is a myth. There were cases where the Supreme Court allowed access to FCD’s, in piecemeal basis, however limited access might have been granted in each of them. More so, these cases involved private persons, far from the ambit of the law on SALN.

Clearly the ex-CJ, as the master of law (seconded by the inteligent kuno MDS), cannot be given the benefit of the doubt in ignoring the SALN law, and trying a palusot. The Constitution and Law were very specific: public employees.

kaunting galang naman diyan sa Saligang Batas. hindi IRR ang 6713, enabling law yun meaning, pinaubaya na ng Consti ang bagay na yun sa wisdom ng Legislature. yan ang kinagagalit ni Sen Santiago kasi basic yun sa korte. di niya tuloy mapigilang magsabi ng siya lang ang nagiisang RTC judge sa IC.

kung nagbigay pugay si Corona sa pasya ng Saligang Batas na sundin na lang ang gawain ng taga Congress (in this case, to trivialize the SALN requirement by merely putting it in a general law and not squarely addressing the FCDU law), pagkakamali ba yun o utmost fidelity to the Consti? what would you rather have him do, correct the errors of Congress? judicial legislation yun which is prohibited by the principle of separation of powers.

[ulam59]

ke matalino or hindi...ke pumasa or mataas sa bar exam....pare pareho tayo sa mata ng diyos...
wala sinuman ang me karapatang manglait ng kapwa.....tandaan natin kung anu man talino, ganda meron tayo..pinahiram lang sa atin..gamitin sa tamang paraan......
kaya mo bang mapahiya on national TV...maliitin at mamura?...pede namang sabihin in a nice manner...me punto naman naman siya. .. at matalino siya walang duda...mali lang ang paraan ng pagkaka sabi...
remember pahiram lang sa atin lahat ito....pano kung sa sobrang galit niya inatake siya....

[manilaB]

ke matalino or hindi...ke pumasa or mataas sa bar exam....pare pareho tayo sa mata ng diyos...
wala sinuman ang me karapatang manglait ng kapwa.....tandaan natin kung anu man talino, ganda meron tayo..pinahiram lang sa atin..gamitin sa tamang paraan......
kaya mo bang mapahiya on national TV...maliitin at mamura?...pede namang sabihin in a nice manner...me punto naman naman siya. .. at matalino siya walang duda...mali lang ang paraan ng pagkaka sabi...
remember pahiram lang sa atin lahat ito....pano kung sa sobrang galit niya inatake siya....

tama ka diyan. sana lang maintindihan ng mga galit kay Sen Santiago ang rason kung bakit siya nagagagalit. alarming kasi ang mga concerns niya. at siya rin naman, hanggat sa makakaya niya, maghinay-hinay din. nasasayang ang magaganda niyang punto kung magaspang ang delivery.

[peterin]

kaunting galang naman diyan sa Saligang Batas. hindi IRR ang 6713, enabling law yun meaning, pinaubaya na ng Consti ang bagay na yun sa wisdom ng Legislature. yan ang kinagagalit ni Sen Santiago kasi basic yun sa korte. di niya tuloy mapigilang magsabi ng siya lang ang nagiisang RTC judge sa IC.

kung nagbigay pugay si Corona sa pasya ng Saligang Batas na sundin na lang ang gawain ng taga Congress (in this case, to trivialize the SALN requirement by merely putting it in a general law and not squarely addressing the FCDU law), pagkakamali ba yun o utmost fidelity to the Consti? what would you rather have him do, correct the errors of Congress? judicial legislation yun which is prohibited by the principle of separation of powers.

Let us do away with respect, or disrespect for now, because these are not the material issues at hand.

Let us make things clear please. Are you saying that the SALN provisions in 6713 do not qualify as enabling law, and therefore are to be ignored?

[manilaB]

Let us do away with respect, or disrespect for now, because these are not the material issues at hand.

Let us make things clear please. Are you saying that the SALN provisions in 6713 do not qualify as enabling law, and therefore are to be ignored?

without doubt, 6713 is the enabling law for the Consti command re SALN. ang problema general law yun. ewan ko kung sasabihin mong katamaran on their part. since nandiyan na yan(being a general law) it therefore admits exceptions provided by a specific law, the one re FCDU.

[peterin]

I was following your and MDS’ flow of thought, but really, I believe what other people say, that there is no conflict between 1405, the Constitution, and 6713.


1405 deals with secrecy of deposits. It does not prohibit the depositor from announcing to one and all his own bank information. In fact, together with the courts, including the Impeachment Court (not invoked in deference of the SC) he is allowed and given the right to grant permission to disclose his account information. Add to that his freedom of speech that I mentioned previously.

So how could disclosing his information in a SALN, as required by 6713 be contradictory to 1405? Please tell me. That is one reason why the CJ’s excuse is called palusot. Bought by the inteligent MDS, imagine?

As I understand it, codification of laws is just the process of collecting, compiling laws of the same category, not really in the context of generalization-specialization as MDS argues.

In fact, if you (and MDS) invoke the especial-general law concept, 1405 is more general. Why? Because 1405 deals with all deposits; whereas, 6713 deals only (an exception, a specialization) with deposits of those in government service, is it not?

[manilaB]

I was following your and MDS’ flow of thought, but really, I believe what other people say, that there is no conflict between 1405, the Constitution, and 6713.


1405 deals with secrecy of deposits. It does not prohibit the depositor from announcing to one and all his own bank information. In fact, together with the courts, including the Impeachment Court (not invoked in deference of the SC) he is allowed and given the right to grant permission to disclose his account information. Add to that his freedom of speech that I mentioned previously.

So how could disclosing his information in a SALN, as required by 6713 be contradictory to 1405? Please tell me. That is one reason why the CJ’s excuse is called palusot. Bought by the inteligent MDS, imagine?

Tama at mali. Admittedly, sinabi ng depensa yan; specifically, ni Judd Roy. Pero na-rattle lang siya noon kay Drilon. In passing lang yun. Pagdating sa summation, where the final defense is properly presented, wala na. Don't dwell on it. Nobody did. Ang legal position nila is that Corona has a statutorily recognized right to keep his dollar accounts private at yan din naman ang kinatigan ni Sen Santiago. Hindi niya sinabing the FCDU law prohibits the former CJ from disclosing his dollar accounts.

BTW, yung sinabi kong excerpt from the Cuevas closing ay galing kay Dean De los Angeles. tao lang po.

As I understand it, codification of laws is just the process of collecting, compiling laws of the same category, not really in the context of generalization-specialization as MDS argues.

In fact, if you (and MDS) invoke the especial-general law concept, 1405 is more general. Why? Because 1405 deals with all deposits; whereas, 6713 deals only (an exception, a specialization) with deposits of those in government service, is it not?

You could be right. Nonetheless, it can be argued also that 6713 deals with all assets of government employees - all his deposits. The FCDU law, on the other hand, deals with a mere sub-province of the government employees' deposits, just the forex. Either way, there's a lacuna. In such a situation, the rule in this jurisdiction is to favor confidentiality.

[Kray0n]

... Ang legal position nila is that Corona has a statutorily recognized right to keep his dollar accounts private at yan din naman ang kinatigan ni Sen Santiago. Hindi niya sinabing the FCDU law prohibits the former CJ from disclosing his dollar accounts.....

it's not a right to keep the accounts private, it's not a positive action. the law says that governments cannot look into the private accounts of others, that's all. you don't keep anything private - you, as a depositor, wouldn't do anything.

[peterin]

... Ang legal position nila is that Corona has a statutorily recognized right to keep his dollar accounts private at yan din naman ang kinatigan ni Sen Santiago. ...

1) Which means that the "Consti" provision and the 6713 provision that do not give option to disclose or not ARE "unsconstitutional"?


2) "Nila"" Distancing your self?

[peterin]

@ ManilaB

Nag re-research pa?

[leonleon]

Ang problema ni Brenda eh mas mahangin pa siya sa SUPER bagyo. Pag umasta't magsalita sa entablado eh feeling niya siya na ang pinakamatalinong abugado sa balat ng Pilipinas. Eh madalas sa hindi, puro hangin lang naman talaga laman ng utak niya.

[peterin]

I think it will not be too difficult to agree with you, judging from her distorted arguments, and her demeanor in the televized impeachment hearing..

Isa pa, ito ang isang abogado na minamaliit ang mga hindi abogado, na akala niya ay walang pag-iisip ang ibang tao.