(Early 3 digits) All photos by Myra Lambino-Ramos (all-original photos, as always, in this blog)
Tag: con-ass
Entitled “No to GMA’s Illegal Constituent Assembly”, the following is the official statement of the U.P. Diliman University Council on the constituent assembly to change the Constitution, approved by the body yesterday. The University Council is the highest academic policy-making body of the autonomous units. It is composed of all assistant professors, associate professors, and full professors; and is chaired by the Chancellor. I attended yesterday’s University Council meeting. Upon deliberation by the body, this was the statement approved on the floor. The official printed copy was released today by the Secretariat of the University Council, and I received this today in the email from the Secretariat.
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NO TO GMA’S ILLEGAL CONSTITUENT ASSEMBLY
A Statement of the University Council of the University of the Philippines Diliman
On the eve of her supposedly final state of the nation address (SONA), the feeble attempt of Gloria Macapagal-Arroyo and her allies to change the Constitution shows that she is planning to stay in power even beyond 2010 so that she can enjoy immunity from suit.
At the height of the Garci scandal, the University Council (UC) on July 13, 2005 called for her immediate resignation. And on February 28, 2008, the University Council, in the face of massive corruption in GMA’s administration and unsolved extrajudicial killings, unanimously approved a resolution telling GMA it was time to go. To this day, GMA continues to ignore calls from various sectors of society for her to step down.
Today, with 345 days left to her term, GMA and her allies are not preparing to leave office. They are instead preparing to change the Constitution in order to, among others, lift term limits.
House Resolution No. 1109 which seeks to convene the House of Representatives (HOR) into a constituent assembly shows that in the next few days, GMA and her allies would try to prolong her rule. The brazen manner in which this is being done is manifested by the House Speaker’s pronouncement that immediately after the SONA, the HOR would convene itself into one, with or without the Senate and with or without public approval.
Any attempt to change the Constitution at this time could result in the amendment or revision of the following contentious issues: term limits of the President and members of Congress; the date of the elections, or whether such elections would be held; change in the form of government from presidential to parliamentary.
The attempt of GMA to remain in power and to escape accountability is an affront to the values that we hold dear in the University: public accountability, transparency, honor, and excellence in service. There now exists political uncertainty as the public is unaware of what will happen between now and May 2010 when elections are supposed to be held. There is no justice in a situation where an extension of her immunity from suit would bar any prosecution when her term as President expires on June 30, 2010.
In the hundred-and-first year of the University, the University Council of UP Diliman reiterates its call for public accountability, and renews its commitment to work for a just and progressive society. We in the University Council oppose all attempts of GMA and her allies to convene an illegal constituent assembly and to prolong her rule. The people should freely choose leaders that would truly represent the people’s interests.
U.P. Diliman University Council, 20 July 2009
UNIVERSITY COUNCIL SECRETARIAT
University of the Philippines Diliman
Office of the University Registrar (3/Floor)
Phone 981-8500 ext. 4558, 4554
Fax 927-6084; Mobile 09199464416
The full quote from Supreme Court Chief Justice Reynato Puno Jr in the Supreme Court resolutiondismissing the con-ass case (petition) filed by Oliver Lozano, et al(i just shortened it in the title due to space constraints)is:
“( And) while the Court has taken an increasingly liberal approach to the rule of Locus Standi, it is not an open invitation for the ignorant and the ignoble to file petitions that prove nothing but their cerebral deficit. ”
Chief Justice Puno was both eloquent and cutting. “ignorant and ignoble… (who) prove nothing but their cerebral deficit.” Ouch! Guess at whom that was obliquely directed.
When the CJ waxes — he shines.
Do you want that in Filipino? Here’s a faithful translation. (Webster’s defines “ignoble” as dishonourable. “Deficit” is “pagkukulang”)“Walang paanyaya…. para sa mga ignorante at walang-dangal…. na walang mga pinapatunayan…. kundi ang kanilang pagkukulang sa pag-iisip.”Ouch!That’s the Chief Justice for you, kiddo.
The full resolution has not been uploaded in the Supreme Court website; i took the quote from parts of the resolution quoted in the official press release of the Supreme Court found in their website at www.sc.judicary.gov.ph
Quote “SC Dismisses Petitions to Nullify “Con-Ass” Resolution
Quote “Posted: June 16, 2009
Quote “The Supreme Court en banc, in a unanimous resolution penned by Chief Justice Reynato S. Puno, has dismissed the “con-ass” petitions for being premature and for lack of locus standi.
Quote “The Court refused to exercise its jurisdiction over the two consolidated petitions filed by concerned citizens Atty. Oliver O. Lozano together with Atty. Evangeline J. Lozano-Endriano, and Louis C. Biraogo, which both asked for the nullification of House Resolution No. 1109 calling for a Constituent Assembly in Congress, because “the fitness of petitioners’ case for the exercise of judicial review is grossly lacking.”
Quote “ The Court’s power of review “is limited to actual cases and controversies dealing with parties having adversely legal claims, to be exercised after full opportunity of argument by the parties.” The resolution further explains that “The case-or-controversy requirement bans this court from deciding ‘abstract, hypothetical or contingent questions.’”
Quote” The petitions filed were found to be premature or unripe for review because it lacked the showing of any proven “adverse injury or hardship from the act complained of.” The court also notes that “no actual convention has yet transpired and no rules of procedure have yet been adopted.” In fact, “no proposal has yet been made, and hence, no usurpation of power or gross abuse of discretion has yet taken place.” Thus, “the House has not yet performed a positive act that would warrant an intervention from this Court.”
Quote “Furthermore, petitioners Lozano, Endriano, and Biragao were found to have no standing to sue because they have no personal stake in the case. The claim that they are all concerned citizens and taxpayers do not warrant them a personal stake, as “a taxpayer’s suit requires that the act complained of directly involves the illegal disbursement of public funds derived from taxation.” In the case at hand, there has been no allocation or disbursement of public funds yet.
Quote ” Neither can they claim locus standi based on “an issue of transcendental importance or [by showing that a] paramount public interest is involved,” because “the possible consequence of House Resolution No. 1109 is yet unrealized.” Locus Standi is a constitutional requirement – the Constitution mandates courts of justice to settle only “actual controversies involving rights which are legally demandable and enforceable.”
Quote”And “while the Court has taken an increasingly liberal approach to the rule of Locus Standi, it is not an open invitation for the ignorant and the ignoble to file petitions that prove nothing but their cerebral deficit.”
Quote” Ten justices concurred with the Chief Justice. One justice took no part while the other was on official leave. There are currently two vacancies in the High Court.” closed-quote
