On Noynoy Aquino’s Plan to Take his Oath with a Barangay Captain

This early Noynoy Aquino announces his plan to break tradition in protest over the midnight appointment of Chief Justice Renato Corona by outgoing president Gloria Arroyo by taking his oath with a Barangay Captain.

Filomeno Arevalo Arteche III posted the implication of the plan in his FB page:

The plan of Noynoy to take his presidential oath before a Barangay Captain is certainly a slap in the face of incoming Chief Justice Renato Corona, my Ateneo Law Professor. While it is legal, it is an embarrassment for Justice Corona. GMA still has an option to defer the appointment to the incoming President, UNLESS, she wants an "insurance" from the Highest Court on possible graft charges to be filed against her.

Indeed a slap in the face but what Baby-Bringas Apruebo says is that it was more of a bitch slap, I just don’t know if she wanted to include the you know who that started all this drama.

Inday Espina-Varona is having a hard time what to make of it especially on retired CJ Reynato Puno’s statement that "...the higher you are in the government, the more you should respect the rule of law," reacting to Sen. Benigno Aquino's threat not to recognize new chief justice Renato Corona. She then explains below why she is having a hard time:

I don't think so :) the fact is, the Supreme Court ruled that in the case of the cj, GMA could appoint. That she did is, perhaps, tasteless, but not illegal. Until the SC reverses itself, the corona appointment is legal. And a president cannot just dismiss that -- or are we saying there is one standard for GMA and another for Aquino?

I say we can criticize the SC decision but should obey it. Or as Atty Teddy Te says, we have to obey even if we don't respect (a statement that admittedly makes my head ache hehehe)

Is it really the rule of law that is at stake here or is it about power tripping and huge egos or perhaps there is more to this than meets the cross eyed type of justice errrr ok just plain eye.

There is nothing in the constitution that will prevent Noynoy Aquino from proceeding with his plan coming from Malacañang people themselves so if that is the case there is no law that is violated. In contrast the midnight appointment is clearly against the constitution and therefore patently illegal according to Senator Aquilino Pimentel. Worse the Supreme Court handed down a ruling that effectively change the constitution that is beyond their pay check errr duty. There is a long process involved in changing the constitution and the need for ratification by the electorate so did the Supreme Court justices who came out with the decision favoring Gloria Arroyo’s whims and caprice respecting the rule of law? Sen. Aquilino Pimentel’s argument below as reported by Christine Avendaño makes more sense than the argument presented by retired CJ Puno:

He said Ms Arroyo was "guilty'' of treating "frivolously'' the issue of the appointment of Chief Justice, as he cited Article 7 Section 15 of the Constitution which prohibits the President from making appointments two months prior to the next election and until the end of her term.

And while he said majority of the members of the Supreme Court said Ms Arroyo could appoint the next Chief Justice, he said this should be challenged.

"If we allow the Supreme Court to have its way there without challenge, it allows the Supreme Court to amend the Constitution,'' Pimentel said.

He then sought for any of the high court justices or "all of them'' to a "public discussion'' of the issue which he stressed was a "matter of public interest.''

Pimentel said he had earlier filed a motion for reconsideration seeking a discussion of the issue but the high court did not allow it.

Pimentel also said he was blaming Ms Arroyo for the "faux pas'' in making the appointment.

He urged the President to reconsider her appointment of Corona or for Corona himself to act like a "statesman'' and refuse the appointment.

Otherwise, he said it was possible that the issue would lead to a Constitutional crisis, with the new President clashing with Corona.

Something smells not just fishy but nasty as well in Puno’s reaction and if it is respect that he demands he may just lost whatever respect the people have when he peddles the implication of a Noynoy Aquino’s oath with a Barangay Captain to further sow the seeds of divisiveness. The highly partisan conduct ends when the election is over and I doubt that the insanity errr partisanship extends to the Supreme Court justices and the anointed errrr GMA appointed Chief Justice. Majority of the people are sick and tired of Gloria Arroyo and her cohorts wanting to see them behind bars and preparations are on the way in celebration of booting her out. The question then is will Aquino’s plan undermine the Supreme Court but then again how can you undermine a broken institution when they refuse the motion of Sen. Pimentel?

Pimentel citing and agreeing with the opinion of former Associate Justice Vicente Mendoza that President-elect Sen. Benigno "Noynoy'' Aquino III can revoke the appointment of Renato Corona as the new Chief Justice through an executive order. Until he takes his oath that will have to wait, so on with the oath with a Barangay Captain. There is only one problem here, Barangay Captains serves as the politicians grass roots machinery and therefore responsible in vote buying. Hopefully there are more honest Barangay Captains than crooked ones in order for Aquino to show that he respects and is with the people…. with the honest ones with integrity to be precise.

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