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VOL. LII No. 40
City of Tagbilaran, Bohol, Philippines
Sunday, October 1, 2006
ADVERTISERS
FRONT PAGE STORIES
DENR checks beach
 resorts
MANILA:Chaos after the
 storm
Solon says polls 2007
 will go on
OPINION
Obiter Dictum
Juan L. Mercado
Sundry
Viewpoints
One Voice
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CHA-CHA UP AT SUPREME COURT

 "The People's voice is odd; It is, and it is not, the voice of God." 
- Alexander Pope
 

 

The issue on Charter change via people's initiative was heard by the Supreme Court last Tuesday. Pro and anti-Cha-cha representatives were allowed to argue orally before the High Tribunal.

During the interpellation, four justices expressed concerns about the supposed plan of a parliamentary government to be installed under a proposed new Constitution to clip the powers of the judiciary by doing away with the courts' "extraordinary certiorari" power or the power to review the acts of the legislative and legislative branches of government.

Justice Angelina Sandoval-Gutierrez questioned the propriety of entrusting the fate of our country in the hands of 6.3 million voters.

Justice Gutierrez likewise questioned whether those who affixed their signatures understood what they signed for or whether their signatures are genuine.

Justice Gutierrez took issue with Sigaw ng Bayan and the Union of Local Authorities (Ulap) for coming up with advertisements comparing the 1987 Constitution to an old car and an old typewriter which should be replaced.

Time will come that the Constitution will be compared to an old wife who should be substitute with a young mistress, Justice Gutierrez said.

She advised Sigaw and Ulap to look at the United States which she said has a good and stable government with an old Constitution.

* * * * *

One of the issues to be resolved by the Supreme Court is whether or not the 1997 Supreme Court decision, which ruled that there is no enabling law on people's initiative, would be reversed.

Another issue to be resolved by the SC is whether or not the proposal of Sigaw and Ulap for Charter change would constitute mere amendments to or revision of the Constitution.

According to Fr. Joaquin Bernas, who was a member of the 1986 Constitutional Commission which drafted the 1987 Constitution, only amendments could be resorted to through people's initiative. Revision of the Constitution could be made only through a Constituent Assembly or Constitutional Convention.

Still another issue to be resolved is whether or not the people's initiative spearheaded by Sigaw and Ulap would constitute a people's initiative. Reports said that the petition for people's initiative was under the auspices of Ulap which is composed of elect local government officials.

* * * * *

What is queer during the hearing before the Supreme Court was the stand of the Solicitor General. The Solicitor General, being the lawyer of the government, should have backed up the stand of the Commission of Elections (Comelec) which junked the petition of Sigaw and Ulap. The Solicitor General ought to side with the Comelec whose decision to junk the petition for people's initiative was questioned by Sigaw and Ulap before the Supreme Court.

* * * * *

The United Opposition (UNO) is coming up with its senatorial slate for the 2007 mid-term elections. According to MayorJV Ejercito, the 12-man senatorial slate of the UNO will be composed of at least five young bloods namely: Congressmen Francis Escudero, Gilbert Remulla and Allan Peter Cayetano, bar topnotcher Aquilino "Koko" Pimentel III, and himself.

Mayor Ejercito said that theNacionalista Party (NP) of Senate President Manny Villar is keen in joining the UNO slate.

* * * * *

Not to be outdone, Malacañang Chief of Staff Michael Defensor also hinted that the Administration would be putting up its slate to include Executive Secretary Eduardo Ermita and himself. He said that the main criteria in choosing the administration's lineup would be loyalty to the President.

* * * * *

However, Executive Secretary Ermita cautioned Defensor to refrain from talking too much. He denied that the Administration is readying with senatorial slate for the 2007 polls since the preparation would be inconsistent with the Administration's proposal to abolish Senate.

There is still hope for our country. What we need now is not Charter change, but character change.

Charter change can wait. If you look at the proposals for Charter change, some of these proposals are self-serving. What can you say about the proposals for the lifting of the term limits of congressmen and local officials and making congressmen and senators automatic members of the interim Parliament until 2010? Are these proposals not self-serving?

* * * * *

Some Filipinos are pinning their hopes on gambling. They buy lotto tickets with the hope of winning. But chances are that a person could be hit twice by a lightning than winning in Lotto.

However, the secret of improving in life is revealed by Sen. Manny Villar. He said the formula for success is ST (which means "Sipag at Tiyaga." (Industry and Perseverance).

* * * * *

Let's hope that our young generation will strive hard especially in their studies, and strive hard to be successful in their chosen vocation. Likewise, let's not forget God, the Creator. It is said that man proposes, but God disposes. But God helps those who help themselves.

* * * * *

For comments and reactions, send mail to Atty. Jorge D. Cabalit, Cabalit Law Office, 74 Belderol Street, Tagbilaran City or send e-mail to: viewpoints@boholchronicle.com

  
  
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