CJ Puno : “(There’s no) open invitation for the ignorant and the ignoble…(who) prove nothing but their cerebral deficit.”

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

Penumbra; and Manolo cited me in his blog post!

       Manolo (www.quezon.ph ) cited me in his blog post; (finally! thanks, thanks!) he prefers discussion on social issues and other substantive matters; and  ignores my original videos and silliness;   but my stats like original visuals like videos  – oh, what’s a blog admin to do? Saw this from the street, 12 midnight, then the news said  it’s called a penumbra eclipse. Sumthin’. The photo is  original, unretouched. Cough almost gone,  I took Lagundi tablets, I confess, I’m almost human.    

 

 

apenumbra-copy

Penumbra. Use penumbra in a sentence….“The great ordinances of the Constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to the other….

      “(H)owever we may disguise it by veiling words, we do not and cannot carry out the distinction between the legislative and executive action with mathematical precision and divide the branches into watertight compartments, were it ever desirable to do so, which I am far from believing that it is, or that the Constitution requires.” (Justice Oliver Wendell Holmes in Springer vs. Philippine Islands.) Lawyers pray in Latin and Holmes. Ngek.