Home PEx News and Tech Local and Foreign Issues
COMMUNITY NOTICE: If you are having trouble in your account access, please do send us a message at [email protected] for assistance.

Aquino classmate is new Supreme Court justice

Comments

  • Laurence_writerLaurence_writer PEx Influencer ⭐⭐⭐
    Aquino classmate is new Supreme Court justice

    MANILA, Philippines (UPDATED) – Justice Secretary Alfredo Benjamin Caguioa is the new justice of the Supreme Court.

    This was announced on Twitter on Friday, January 22, by the Public Information Office of the SC.

    He is replacing Associate Justice Martin Villarama Jr, who retired on January 16.

    Caguioa is the 5th appointee of President Benigno Aquino III to the High Court. He joins the other Aquino appointees led by Chief Justice Maria Lourdes Sereno, Bienvenido Reyes, Estela Perlas-Bernabe, Marvic Leonen and Francis Jardeleza.

    A founding partner of the Caguioa & Gatmaytan law firm, Caguioa was appointed Chief Presidential Legal Counsel in January 2013, and then justice secretary in 2015 after the resignation of Leila de Lima, who is running for senator under the administration party.

    He got 7 votes from the Judicial and Bar Council which screens nominees to the post. Last January 18, he was among the 5 nominees shortlisted for President Aquino's final decision.

    Caguioa was a classmate of President Aquino from grade school to college (both took Economics) at Ateneo de Manila University. – Rappler.com

    Source: http://www.rappler.com/nation/119913-caguioa-new-supreme-court-justice?utm_source=twitter&utm_medium=referral
  • But... but... SC Justices are impartial. lol
  • Laurence_writerLaurence_writer PEx Influencer ⭐⭐⭐
    AFAIK, Justices are merely asked to project an image of impartiality. They're also human which is why it is expected that each of them will have their own biases regarding issues that may come to their sala.
  • Laurence_writerLaurence_writer PEx Influencer ⭐⭐⭐
    ^No need for CA confirmation as he was holding the position in acting capacity only.
  • kel1guykel1guy PEx Influencer ⭐⭐⭐
    I find it quite odd that our Senate does not confirm or reject SC Justice nominees.

    Any bets we have some form of future impeachment over either a SALN or other matter dealing with his past service? I will not take that bet either way. I do expect some form of resistance / removal attempt if and when Mar (as expected) does not become the President.
  • Darius03Darius03 PEx Influencer ⭐⭐⭐
    Aquino classmate is new Supreme Court justice

    .........

    Caguioa is the 5th appointee of President Benigno Aquino III to the High Court. He joins the other Aquino appointees led by Chief Justice Maria Lourdes Sereno, Bienvenido Reyes, Estela Perlas-Bernabe, Marvic Leonen and Francis Jardeleza.

    ..........

    So, Aquino now got at least 5 (or is it 6?) in his pocket?
    Is that enough for him to avoid being sued or convictef for any of his supposedly anomalies during his term?
    But Caguioa is the 6th Aquino appointee, isn't he? If he is to join the other Aquino appointees;
    1 - Sereno
    2 - Reyes
    3 - Perlas-Bernabe
    4 - Leonen
    5 - Jardeleza
    6 - Caguioa
  • xctrekkerxctrekker PEx Rookie ⭐
    But... but... SC Justices are impartial. lol

    Me, I have never believed that they are impartial. Not with this "utang na loob" thing in our culture. If there is one person a typical Filipino hates, it's an ingrate. Being appointed by the President to the highest court of the land can be a huge debt to repay when the time comes.
  • The more the better for penoy lalo na at malapit na matapos term nya... pero may isa pa naman syang lifeline which is kung si susMARyosep ang manalo sa next presidential election...
  • kel1guykel1guy PEx Influencer ⭐⭐⭐
    xctrekker wrote: »
    Me, I have never believed that they are impartial. Not with this "utang na loob" thing in our culture. If there is one person a typical Filipino hates, it's an ingrate. Being appointed by the President to the highest court of the land can be a huge debt to repay when the time comes.

    Corona obviously did not pay his debt..... Kulang yun "Utang na loob."

    But then again if Duterte wins as President he can use his Revolutionary Government Kangaroo courts with no appeals and skip the Judges entirely.
  • gotta lick itgotta lick it PEx Influencer ⭐⭐⭐
    the real question is what will the next president JJBinay do to this situation.





    another Corona case?
  • Darius03 wrote: »
    Aquino classmate is new Supreme Court justice

    .........

    Caguioa is the 5th appointee of President Benigno Aquino III to the High Court. He joins the other Aquino appointees led by Chief Justice Maria Lourdes Sereno, Bienvenido Reyes, Estela Perlas-Bernabe, Marvic Leonen and Francis Jardeleza.

    ..........

    So, Aquino now got at least 5 (or is it 6?) in his pocket?
    Is that enough for him to avoid being sued or convictef for any of his supposedly anomalies during his term?
    But Caguioa is the 6th Aquino appointee, isn't he? If he is to join the other Aquino appointees;
    1 - Sereno
    2 - Reyes
    3 - Perlas-Bernabe
    4 - Leonen
    5 - Jardeleza
    6 - Caguioa

    15 ang hukom ng Kataas-taasang Hukuman. Kailangan niya pa ng 2 para makuha niya ang mayorya.
  • alchemistofophiralchemistofophir PEx Influencer ⭐⭐⭐
    moral lesson: kaya maging mabuti sa inyong mga nakakahalubilo.
  • Laurence_writerLaurence_writer PEx Influencer ⭐⭐⭐
    kel1guy wrote: »
    I find it quite odd that our Senate does not confirm or reject SC Justice nominees.

    Any bets we have some form of future impeachment over either a SALN or other matter dealing with his past service? I will not take that bet either way. I do expect some form of resistance / removal attempt if and when Mar (as expected) does not become the President.

    There's no need for Commission on Appointments confirmation because candidates in Judiciary posts undergo vetting by the Judicial and Bar Council where the Legislative branch is represented by the Chairpersons of the Committees of Justice of both the House of Representative and the Senate.

    In theory, that process is supposed to shield the Judiciary, especially the Supreme Court, from partisan politics as it limits candidates' interaction with politicians from both HoR and Senate.

    The process also limits the choices of the President as he can only choose someone from the shortlist of candidates that passed the JBC screening process. This means the President cannot appoint someone he likes to the position if that person is not included in the JBC shortlist. This has been an issue with Gloria Macapagal-Arroyo who returned the shortlist of candidates to the JBC and asked that they add more people in it because the person she wanted to appoint wasn't included. (IMHO, the President cannot ask the JBC to add more people on the shortlist as that will encroach on the solemn duty which the Constitution placed on JBC members. Doing so would mean that the President committed grave abuse of discretion amounting to lack or excess jurisdiction thereof.)
  • kel1guykel1guy PEx Influencer ⭐⭐⭐
    There's no need for Commission on Appointments confirmation because candidates in Judiciary posts undergo vetting by the Judicial and Bar Council where the Legislative branch is represented by the Chairpersons of the Committees of Justice of both the House of Representative and the Senate.

    In theory, that process is supposed to shield the Judiciary, especially the Supreme Court, from partisan politics as it limits candidates' interaction with politicians from both HoR and Senate.

    The process also limits the choices of the President as he can only choose someone from the shortlist of candidates that passed the JBC screening process. This means the President cannot appoint someone he likes to the position if that person is not included in the JBC shortlist. This has been an issue with Gloria Macapagal-Arroyo who returned the shortlist of candidates to the JBC and asked that they add more people in it because the person she wanted to appoint wasn't included. (IMHO, the President cannot ask the JBC to add more people on the shortlist as that will encroach on the solemn duty which the Constitution placed on JBC members. Doing so would mean that the President committed grave abuse of discretion amounting to lack or excess jurisdiction thereof.)

    You are quite correct... but, when your CONGRESSESSIONAL bodies are jam packed with LP types.... Impartiality goes right out the window.... The LP dominated Congress is protecting their own arses in the process.
  • Laurence_writerLaurence_writer PEx Influencer ⭐⭐⭐
    kel1guy wrote: »
    You are quite correct... but, when your CONGRESSESSIONAL bodies are jam packed with LP types.... Impartiality goes right out the window.... The LP dominated Congress is protecting their own arses in the process.

    Then it really is better to leave SC candidate vetting to JBC instead of letting Congress, via Commission on Appointments, handle it. In JBC, the Senate and House of Representatives vote as one. The Secretary of Justice gets one vote. The Chief Justice also gets one vote. While the 4 regular members (who are practitioners of law from various sectors) get one vote each. This means those who know the profession of law better have the mightier voice when it comes to choosing the people whom should be part of shortlist sent to the President.
  • kel1guykel1guy PEx Influencer ⭐⭐⭐
    Then it really is better to leave SC candidate vetting to JBC instead of letting Congress, via Commission on Appointments, handle it. In JBC, the Senate and House of Representatives vote as one. The Secretary of Justice gets one vote. The Chief Justice also gets one vote. While the 4 regular members (who are practitioners of law from various sectors) get one vote each. This means those who know the profession of law better have the mightier voice when it comes to choosing the people whom should be part of shortlist sent to the President.

    That is actually educational and comforting to know. Thank you. I also think that there very well could be some Utang Na Loob.... residing in the seated bench...
  • imanh0rnimanh0rn PEx Rookie ⭐
    Ang kapal lang ng mukha nang [email protected] na to. Panay panira nkay gloria na di pwedeang "midnight appointments".

    Sabagay, mas magaling si noynoy. Levelup ginawa nya kesa kay arroyo. Biro mo, pina resign nya ang existing SC justice para mapasok nya yan?
  • Laurence_writerLaurence_writer PEx Influencer ⭐⭐⭐
    ^In fairness to the President and everyone who criticized GMA over midnight appointments, they made those criticisms before the Supreme Court said that the ban on midnight appointments does not cover the Judiciary. It is unfortunate, however, that the SC then came up with that ruling with only then Associate Justice and now Ombudsman Conchita Carpio Morales dissenting while Senior Associate Justice Antonio Carpio inhibited.

    Before the said ruling, jurisprudence dictates that no government agency, including the Judiciary, is spared from the ban on midnight appointments. In instances when the ban on midnight appointments coincides with the constitutionally prescribed period for filling up of vacancies in the Judiciary ("Article VIII. Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof."), the ban prevails since it only happens once every six years.
  • Laurence_writerLaurence_writer PEx Influencer ⭐⭐⭐
    Whether PNoy Admin forced Associate Justice Martin Villarama Jr. into early retirement will forever remain a speculation now that a new member of the high court has been appointed. Though I wish Justice Villarama finished his term so the Admin could've gotten the Supreme Court to reverse the effects of the ruling it made that allowed Corona to be appointed CJ while the ban on midnight appointment prevails. This is a lost opportunity to correct that mistake. However, I am hopeful that this will be resolved before CJ Sereno's term ends.

Leave a Comment

BoldItalicStrikethroughOrdered listUnordered list
Emoji
Image
Align leftAlign centerAlign rightToggle HTML viewToggle full pageToggle lights
Drop image/file