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Republic Act 7394


Republic Act 7394

Republic Act 7394

At the time, he was posing some inquiries to Solicitor General Jose Calida, who filed the quo warranto petition in opposition to Sereno. There could be little quibble that the eligibility of one who was appointed to the very best workplace in the judiciary involves a matter of transcendental significance to the basic public. Not only is the problem considered one of first impression, it additionally involves a extremely sensitive office so much so that the fundamental regulation even adopted a policy of least resistance in order not to hamper the discharge of the necessary features of the workplace. It can’t be denied that the task of the Chief Justice, as the pinnacle of the judiciary who assumes the lead position in dispensing justice within the country, is as much necessary as its effect to the general public normally. A determination on the petition, due to this fact, whether or not in favor or against it, would have far-reaching implications to most people and should necessitate the promulgation of guidelines for the correct steerage of the bench, the bar, and the common public in future analogous cases. Even if it were to be assumed that the motion had prescribed, the rule on prescription of action for quo warranto, or any rule of procedure for that matter, may, on the discretion of the Court, be suspended when the petition is ready to style out a problem of transcendental significance or when paramount public curiosity is involved.

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We usually are not trying to create an independent republic out of the Judiciary, solely an autonomous region. On the other hand, the requirement of having “confirmed competence, integrity, probity, and independence” is not easily quantifiable or measurable. Recognizing this, the Constitution exactly created separate physique to determine what possession of those characteristics entails, and who amongst several aspirants to a judicial submit possesses the identical. This Constitutional body tasked to outline and ascertain the possession of these traits is the JBC. The submission of the SALN to the JBC isn’t a constitutional requirement for the position of the Chief Justice. Both causes cannot be mentioned to have only been discovered in the course of the hearings before the Committee on Justice of the House of Representatives to find a way to justify the belated filing of the quo warranto motion.

Authorized Foundation In Implementing Igp

It should therefore be given the solely real prerogative to determine the import of a requirement bearing on an applicant’s subjective qualification as it is in any case, the authority who had imposed this requirement based on its own criteria for the stated qualification. As it turned out, respondent was appointed by President Aquino III as Chief Justice of the Supreme Court on August 24, 2022. Five years after, or on August 30, 2022, an impeachment grievance was filed in opposition to her; and in a while, the present quo warranto petition. In regard to the IPI case, the Court Administrator shall attach to his report copies of the complaint and the remark of the respondent.

As per our present procedural framework, grave abuse of discretion is not an obtainable floor beneath the principles on quo warranto; extra so, the Solicitor General had expressly admitted that it considers immaterial the difficulty of grave abuse of discretion. Thus, if grave abuse of discretion has not been asserted nor was it attributed in opposition to the JBC, which was not even made a party to this case, then the qualification of respondent, as embodied in her shortlisting by the JBC, should be maintained. For these reasons, the present petition for quo warranto is infirm. In my view, the Republic well timed introduced its petition for quo warranto. There isn’t any need to liberalize the applying of the time-bar beneath Section 11, which must be reckoned from the invention of the cause when it was revealed for the primary time in the center of the recent hearings of the Committee on Justice that the respondent had not submitted the SALNs required of her by the JBC.

Tutorial Council

Allowing a judicial mechanism for investigating judicial colleagues suppresses candor and undermines the spirit and practice of collegiality that has been so entrenched in the Supreme Court. Such a mechanism for exacting accountability threatens and successfully erodes the precept of independence that the Constitution has protected. Independence from colleagues with respect to judicial conduct must be inspired somewhat than suppressed, and all opportunities that may nurture it must be taken.

  • Admittedly, Article VIII of the 1987 Constitution doesn’t comprise a provision similar to Section 4, Article VII. Even so, the very fact stays that the rule on impeachable officers beneath Section 2, Article XI is not absolute.
  • The Republic claims that such presumption attaches only to official acts and to not all acts of officials.

Mr. Presiding Officer, it is a moral provision lifted with modifications from the “Canons of Judicial Ethics.” The popularity of our justices and judges has been unsavory. Hate to say this, however it appears that it has turn out to be the overall rule that the members of the Judiciary are corrupt and the few trustworthy ones are the exceptions. We hear of justices and judges who would problem injunctive aid to the very best bidder and would decide cases primarily based on lots of of 1000’s, and even millions, mercenary reasons. Our expertise has been, even with the Commission on Appointments, that politics does get into the image. The Bar, equally for the first time, might be represented and has a definite say on appointments; and the non-public sector, as nicely as the legislation schools, is given a consultant.

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