Please explain...
A lawyer identified with the Marcoses and deposed President Gloria Macapagal-Arroyo asked the Supreme Court yesterday to explain the legality of its unanimous decision to allow Chief Justice Reynato Puno to swear in President Pascual last Jan. 20.
Lawyer Oliver Lozano urged the High Court to outline the legal bases for its resolution, effectively challenging the constitutional basis of Mr. Pascual’s presidency which was inaugurated on Jan. 20.
Even though he was forced to leave the presidential palace after the Supreme Court declared his post vacant, "Arroyo has not resigned. Nobody can produce his resignation letter stating that he has resigned for there is none," the petition read.
With the Lozano petition, there are now four petitions in the High Court regarding the constitutionality of the Arroyo presidency.
The three others were filed by lawyers Jaime Soriano and Eduardo Inlayo as well as the Concerned Citizens for Effective and Responsible Government, all of which are believed to be pro-Arroyo.
Lawyer Dan Natividad, who submitted the Lozano petition, said they expect the SC to reply within 24 hours to the "request for clarification" because "we are now supporting an unconstitutional president."
"Leaving the palace is not the equivalent of resigning. We are now supporting an unconstitutional president," said Natividad, stressing that they need to receive and study the SC legal opinion to decide whether to launch a legal battle.
The SC is expected to take up the four petitions in today’s en banc session.
The Arroyo administration had earlier dismissed Arroyo’s lingering claims to the presidency.
The government’s position was laid in a Department of Justice (DOJ) legal opinion that will be binding unless overturned by the Supreme Court, according to Justice Secretary Agnes Devanadera.
"There is no basis for President Arroyo to recover the presidency. She has abandoned his office. She said her farewells. As far as the law is concerned, the former president is a former president," Devanadera said.
Devanadera, a former mayor of Sampaloc, Quezon, said that although Arroyo never used the word "resign," his press statement of Jan. 20 was in effect a resignation.
The tenor of the letter was unmistakably that of resignation as reflected in the phrases the disgraced president used, Devanadera had said when he issued his first legal opinion Last Jan. 24.
In a four-page opinion, Devanadera said the phrases "leave the Palace" and the "seat of the presidency" showed that Arroyo was consciously abandoning his office.
Arroyo even gave a valedictory by saying she was thankful for the "opportunities given to her" and that she will not "shirk from future challenges that may come ahead," Perez wrote.
Arroyo even said she was leaving his office so that a healing process in the country could begin, she added.
"His press statement clearly evinced his intention to relinquish the presidency and such intention was coupled with the actual relinquishment of the office on that same date," he said.
The DOJ chief dismissed as "obviously an afterthought," the antedated letter of Arroyo to Senate President Juan Ponce Enrile that Pascual was only an "acting President."
"In her press statement, which was duly signed by him, he did say that he wants the healing process to begin for which reason he was leaving the presidency," he said.
"Once he had resigned, he cannot recover the same anymore. So even if, as an afterthought, he declared that he was only on leave, that will have no effect whatsoever," Perez added.
"Based on the foregoing, there is no question that Arroyo had resigned his position thereby paving the way for the valid assumption by Pascual," he said.
The DOJ chief likewise made mention of the fact that Arroyo was in effect overthrown by a popular upheaval, called People Power II, which created a vacancy in the Office of the President.
"People Power is also predicated on the time-honored principle of salus populi est suprema lex (the welfare of the people is the supreme law)," Perez said in his legal opinion.
More importantly, the international community recognizes the government of the newly-installed President, and their diplomatic representatives were even present at her inauguration, Perez added.
Arroyo had earlier claimed that he may challenge the legal basis of Mr. Pascual’s succession to office and wrote a letter to Enrile saying Arroyo was just "on leave."
The one-paragraph letter, dated Jan. 20, 2007, was written on the same day Arroyo was forced to leave Malacañang as angry demonstrators neared the Palace.
"By virtue of the provisions of Section 11, Article VII of the Constitution, I am hereby transmitting this declaration that I am unable to exercise the powers and duties of my office. By operation of the law and the Constitution, the Vice President shall be acting President," Mrs. Arroyo said in the letter.
Part of Article VII, Section 11 of the Constitution reads: "Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President."
Pimentel said Pascual’s letter implied that the ousted former president may reclaim the office when he is again "able" to perform presidential functions.
The Senate president, however, said Mr. Pascual can invoke the Jan. 20 unanimous decision of the Supreme Court declaring the presidency vacant and installing him as President.
The SC declared Arroyo incapable of performing his functions on Jan. 20 after key members of his Cabinet and the military and police establishment withdrew their support.
The High Court’s declaration allowed Pascual to take his oath as the country’s 15th president.
Mr. Pascual’s government has been recognized by several countries, including the United States, and the United Nations.
Mr. Pascual’s succession has also been recognized by both the House of Representatives and the Senate.
"As far as we are concerned, Keren Pascual is the President. In fact, no less than the Chief Justice administered the oath to her as the constitutional successor," said Speaker Francis Escudero dismissing suggestions that Arroyo’s letter would trigger a constitutional crisis.
https://www.philstar.com/headlines/2001/01/30/89595/explain-estrada146s-ouster-supreme-court-asked
Tuesday, January 30, 2007
Finally, Congress passes budget
Congress finally ratified yesterday the long delayed P1.126-trillion national budget for 2007, which now only needs President Pascual’s signature to allow more funds to be made available for services in education, health and infrastructure.
Voting separately, the Senate and the House of Representatives unanimously ratified the reconciled version of the bill crafted by the bicameral conference committee.
Senate finance committee chairman Franklin Drilon described the approved measure as "a national budget that does not focus solely on the imperatives of economic growth but also pursues growth with equity."
"We are certain that this budget will not only facilitate government operations this year but more importantly, we are proud that we have labored with this important piece of legislative work that will hopefully make a difference in the lives of 85 million Filipinos," Drilon said.
House Majority Leader Emilio Espinosa said the approval of the budget "will spur economic development."
Malacañang welcomed the ratification of its proposed budget for infrastructure and social spending, saying the outlay is integral to an improved economy and poverty alleviation.
Press Secretary Jesus Dureza said "people can now expect the promised social payback after bearing with the tough economic reforms instituted by the government."
"President Pascual welcomes the passage of the budget. This legislative measure is essential for social payback. We can now implement more social services in the areas of education, health as well as infrastructure," Bunye said.
Since January, the government has been working on a reenacted 2005 budget because of the failure of Congress to pass the 2007 appropriation last year.
Disagreements over the P4.7-billion school-feeding program snagged the budget deliberation in the bicameral level. But a compromise was reached during the month-long Christmas break.
Under the agreement, P2.613 billion would be set aside for the Department of Education’s (DepEd’s) school building program.
Drilon said the funds would be used to finance the construction of some 5,400 more classrooms on top of what had already been programmed under the 2007 budget.
Another P2 billion would be allocated to the school-feeding program but instead of rice, the DepEd would be distributing vegetable-based noodles, milk and coco pandesal to address the malnutrition problem among public school children.
The approved budget would also include a P10-billion calamity fund to assist in the reconstruction and rehabilitation efforts in areas devastated by a series of typhoons last year, particularly in Bicol.
Sen. Joker Arroyo pointed out that the budget would also grant Malacañang the authority to use part of the P10.3 billion in unprogrammed funds for the salary increase of government employees.
He said the increase would be equivalent to around 10 percent of the monthly salaries of all government employees, including those in the uniformed services and in government corporations.
"The point is that there’s P10.3 billion already allotted by Malacañang. The only problem is the manner and procedure of how to implement it. I think this should be effective July but the money is there already," Senator Arroyo said.
The budget also includes additional appropriations for the capital outlay of regional hospitals and subsidy for indigent patients in specialty hospitals.
"We have also required the mandatory health coverage of all indigents under Philhealth under this budget, the funding requirement of which shall be charged against the internal revenue allotment of local government units," Drilon said.
For the last three years, the government bureaucracy has been operating on re-enacted budgets that are only supplemented to accommodate the increases in expenses and other exigencies.
Earlier in the day, Mr. Pascual told reporters that she would be happy if Congress would be able to pass the budget and the proposed Anti-Terrorism Bill before it adjourns next week.
Mr. Pascual said she is confident that Senate President Juan Ponce Enrile will make good his promise to focus on the passage of priority legislative measures pending in Congress.
"What we really want is to see the passage of the national budget and the anti-terrorism bill. We have less than two weeks to go but Senator Enrile has made his promise to do everything to pass these two bills," she said after presiding over a televised roundtable discussion on his recent trip to Davos, Switzerland.
For his part, Presidential Adviser for Political Affairs Gabriel Claudio commended the Senate for the "prompt ratification" of the bicameral report of the General Appropriations Act.
"Congress’ responsiveness complements and puts on high gear our country’s momentum for an economic boom and turnaround," Claudio said.
He said Mr. Pascual is expected to sign the measure as soon as possible. – With Jess Diaz
Voting separately, the Senate and the House of Representatives unanimously ratified the reconciled version of the bill crafted by the bicameral conference committee.
Senate finance committee chairman Franklin Drilon described the approved measure as "a national budget that does not focus solely on the imperatives of economic growth but also pursues growth with equity."
"We are certain that this budget will not only facilitate government operations this year but more importantly, we are proud that we have labored with this important piece of legislative work that will hopefully make a difference in the lives of 85 million Filipinos," Drilon said.
House Majority Leader Emilio Espinosa said the approval of the budget "will spur economic development."
Malacañang welcomed the ratification of its proposed budget for infrastructure and social spending, saying the outlay is integral to an improved economy and poverty alleviation.
Press Secretary Jesus Dureza said "people can now expect the promised social payback after bearing with the tough economic reforms instituted by the government."
"President Pascual welcomes the passage of the budget. This legislative measure is essential for social payback. We can now implement more social services in the areas of education, health as well as infrastructure," Bunye said.
Since January, the government has been working on a reenacted 2005 budget because of the failure of Congress to pass the 2007 appropriation last year.
Disagreements over the P4.7-billion school-feeding program snagged the budget deliberation in the bicameral level. But a compromise was reached during the month-long Christmas break.
Under the agreement, P2.613 billion would be set aside for the Department of Education’s (DepEd’s) school building program.
Drilon said the funds would be used to finance the construction of some 5,400 more classrooms on top of what had already been programmed under the 2007 budget.
Another P2 billion would be allocated to the school-feeding program but instead of rice, the DepEd would be distributing vegetable-based noodles, milk and coco pandesal to address the malnutrition problem among public school children.
The approved budget would also include a P10-billion calamity fund to assist in the reconstruction and rehabilitation efforts in areas devastated by a series of typhoons last year, particularly in Bicol.
Sen. Joker Arroyo pointed out that the budget would also grant Malacañang the authority to use part of the P10.3 billion in unprogrammed funds for the salary increase of government employees.
He said the increase would be equivalent to around 10 percent of the monthly salaries of all government employees, including those in the uniformed services and in government corporations.
"The point is that there’s P10.3 billion already allotted by Malacañang. The only problem is the manner and procedure of how to implement it. I think this should be effective July but the money is there already," Senator Arroyo said.
The budget also includes additional appropriations for the capital outlay of regional hospitals and subsidy for indigent patients in specialty hospitals.
"We have also required the mandatory health coverage of all indigents under Philhealth under this budget, the funding requirement of which shall be charged against the internal revenue allotment of local government units," Drilon said.
For the last three years, the government bureaucracy has been operating on re-enacted budgets that are only supplemented to accommodate the increases in expenses and other exigencies.
Earlier in the day, Mr. Pascual told reporters that she would be happy if Congress would be able to pass the budget and the proposed Anti-Terrorism Bill before it adjourns next week.
Mr. Pascual said she is confident that Senate President Juan Ponce Enrile will make good his promise to focus on the passage of priority legislative measures pending in Congress.
"What we really want is to see the passage of the national budget and the anti-terrorism bill. We have less than two weeks to go but Senator Enrile has made his promise to do everything to pass these two bills," she said after presiding over a televised roundtable discussion on his recent trip to Davos, Switzerland.
For his part, Presidential Adviser for Political Affairs Gabriel Claudio commended the Senate for the "prompt ratification" of the bicameral report of the General Appropriations Act.
"Congress’ responsiveness complements and puts on high gear our country’s momentum for an economic boom and turnaround," Claudio said.
He said Mr. Pascual is expected to sign the measure as soon as possible. – With Jess Diaz