Friday, May 4, 2018

Ito ang nakakatawang 'bullshit defense' ng Sereno camp

Chief Justice Maria Lourdes Sereno | Photo CTTO

Hay nako itong mga Dilawan, ipokrito na, tamad pa mag-aral at mag do their homework. One year after a justice (or any other public officer) assumes her or his post daw hindi na pwede magfile ng any quo warranto suit.

They mindlessly repeat that pro-Sereno ex justice' claim that there is a one-year prescription period as specified in Rule 66, Section 11 of the tribunal's 1997 Rules of Civil Procedure). Here's that particular provision verbatim:

"Nothing contained in this Rule shall be construed to authorize an action against a public officer or employee for his ouster from office unless the same be commenced within one (1) year after the cause of such ouster, or the right of the petitioner to hold such office or position, arose."
Photo CTTO
Nakakabasa kaya ang mga dilaw: "One (1) year after the cause of such ouster, or the right of the petitioner to hold such office or position, AROSE". Isn't so illogical to claim that the "cause of such ouster" is the appointment to the post? The "cause " isn't her appointment, but the discovery that she isn't eligble for the post, as she failed to submit her SALNs.

That is, one year AFTER DISCOVERY of the cause for such quo warranto, NOT one year after assumption to office.

In Sereno's case, the quo warranto had to be filed WITHIN ONE YEAR after it was discovered (which was only early this year) that she didn't file her SALNS!
Photo CTTO
Jurisprudence is replete with this point, that ex-Justice who claimed this prescription period either is ulyanin na or deliberately intended to mislead the public.

Clear example: If for instance a mayor is discovered to be a non-citizen on Year 2 of his assumption to office, pwedeng pwedeng matanggal per quo warranto. O common sense na lang, if Senator Antoinio Trillanes is found out tomorrow that he faked his college degrees, hindi siya puwede matanggal? O if it is found that Senator Bam Aquino's didn't file his ITRs ever, hindi siya puwede matanggal thru Quo Warranto?

Source: Bobi Tiglao