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	<title>Comments on: SC defiance in landmark MoA is impeachable offense</title>
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		<title>By: Domain Flipping</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-53110</link>
		<dc:creator>Domain Flipping</dc:creator>
		<pubDate>Sat, 25 Apr 2009 08:09:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-53110</guid>
		<description>I strongly recommend that you turn the No Follow off in your comment section.

I&#039;ll watch Google Webmaster Tools, and if the links don&#039;t show up after a couple of weeks --- I won&#039;t go back to that blog again.

Another suggestion:  you should have a Top Commentator widget installed.

Do Follow and Top Commentator will ensure that you have a successful blog with lots of readers!</description>
		<content:encoded><![CDATA[<p>I strongly recommend that you turn the No Follow off in your comment section.</p>
<p>I&#8217;ll watch Google Webmaster Tools, and if the links don&#8217;t show up after a couple of weeks &#8212; I won&#8217;t go back to that blog again.</p>
<p>Another suggestion:  you should have a Top Commentator widget installed.</p>
<p>Do Follow and Top Commentator will ensure that you have a successful blog with lots of readers!</p>
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		<title>By: Abe N. Margallo</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-7051</link>
		<dc:creator>Abe N. Margallo</dc:creator>
		<pubDate>Tue, 02 Sep 2008 13:49:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-7051</guid>
		<description>Tx Benigs, now I&#039;ve learned something new again.</description>
		<content:encoded><![CDATA[<p>Tx Benigs, now I&#8217;ve learned something new again.</p>
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		<title>By: benign0</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6996</link>
		<dc:creator>benign0</dc:creator>
		<pubDate>Tue, 02 Sep 2008 08:36:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6996</guid>
		<description>Sorry Abe, the characters [less than sign], followed by &quot;!--more--&quot; and then followed by a [greater than sign] should have been in between those quotes following the word &quot;tag&quot; in my above comment.</description>
		<content:encoded><![CDATA[<p>Sorry Abe, the characters [less than sign], followed by &#8220;!&#8211;more&#8211;&#8221; and then followed by a [greater than sign] should have been in between those quotes following the word &#8220;tag&#8221; in my above comment.</p>
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		<title>By: benign0</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6994</link>
		<dc:creator>benign0</dc:creator>
		<pubDate>Tue, 02 Sep 2008 08:34:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6994</guid>
		<description>Abe, in the interests of conserving space in the already cluttered homepage of FV, could you insert the tag &quot;&lt;!--more--&gt;&quot; at some point in your blog posts so that the full article is not displayed (and the link &quot;more&quot; appears at the bottom of the summary on the homepage for the benefit readers who want to read beyond the first couple of paragraphs of your article).</description>
		<content:encoded><![CDATA[<p>Abe, in the interests of conserving space in the already cluttered homepage of FV, could you insert the tag &#8220;<!--more-->&#8221; at some point in your blog posts so that the full article is not displayed (and the link &#8220;more&#8221; appears at the bottom of the summary on the homepage for the benefit readers who want to read beyond the first couple of paragraphs of your article).</p>
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		<title>By: Jon Limjap</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6986</link>
		<dc:creator>Jon Limjap</dc:creator>
		<pubDate>Tue, 02 Sep 2008 07:49:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6986</guid>
		<description>In any case history has unfolded already, and whichever way you turn it treachery on the part of the MILF cannot be denied.

The fact that they refused to leave Lanao del Norte and instead threw a murderous temper tantrum only proves how much they care for their potential constituents, and proves nothing but their lack of trustworthiness, and the fact that they are merely bandits and terrorists as opposed to being noble muhajedin as they claim.</description>
		<content:encoded><![CDATA[<p>In any case history has unfolded already, and whichever way you turn it treachery on the part of the MILF cannot be denied.</p>
<p>The fact that they refused to leave Lanao del Norte and instead threw a murderous temper tantrum only proves how much they care for their potential constituents, and proves nothing but their lack of trustworthiness, and the fact that they are merely bandits and terrorists as opposed to being noble muhajedin as they claim.</p>
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		<title>By: DJB Rizalist</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6978</link>
		<dc:creator>DJB Rizalist</dc:creator>
		<pubDate>Tue, 02 Sep 2008 04:55:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6978</guid>
		<description>Abe, 
do you think he is really speaking as lawyer/constitutional expert, or as Jesuit priest full of hubris who probably cannot sleep at night because he has the blood and grief of nameless thousands on his casuistic hands?

Still the Court will likely rule &quot;moot&quot; citing Devanadera&#039;s perfervid if largely incoherent and self-contradictory statements. It  will spend a hundred fifty pages or so admonishing this or that patently impossible thing, including the nontransparency of the process, then rule &quot;academic&quot; but explicated. 

Another perfect cutting of the Baby in half by our Dark King Sulayman in black robes on behalf of the False Mother of the Constitution.  It&#039;ll be a whitewash and GMA could try again. 

But I too feel confident they will make the point I&#039;ve made about Bernas&#039; transitive fallacy and once more clarify the manner and method by which the Constitution is properly revised or amended.

Which should come first, a new Constitution or a death-dealing MOA? 

If an IP has religious practices involving human sacrifice, would you also be &quot;morally certain&quot; about Bernas&#039; logical position: that some abstract insinuation to change the Bill of Rights to life, liberty and security would make it right to promise them such respect for their cultural and indigenous practices in a MOA signed by the Executive Branch.</description>
		<content:encoded><![CDATA[<p>Abe,<br />
do you think he is really speaking as lawyer/constitutional expert, or as Jesuit priest full of hubris who probably cannot sleep at night because he has the blood and grief of nameless thousands on his casuistic hands?</p>
<p>Still the Court will likely rule &#8220;moot&#8221; citing Devanadera&#8217;s perfervid if largely incoherent and self-contradictory statements. It  will spend a hundred fifty pages or so admonishing this or that patently impossible thing, including the nontransparency of the process, then rule &#8220;academic&#8221; but explicated. </p>
<p>Another perfect cutting of the Baby in half by our Dark King Sulayman in black robes on behalf of the False Mother of the Constitution.  It&#8217;ll be a whitewash and GMA could try again. </p>
<p>But I too feel confident they will make the point I&#8217;ve made about Bernas&#8217; transitive fallacy and once more clarify the manner and method by which the Constitution is properly revised or amended.</p>
<p>Which should come first, a new Constitution or a death-dealing MOA? </p>
<p>If an IP has religious practices involving human sacrifice, would you also be &#8220;morally certain&#8221; about Bernas&#8217; logical position: that some abstract insinuation to change the Bill of Rights to life, liberty and security would make it right to promise them such respect for their cultural and indigenous practices in a MOA signed by the Executive Branch.</p>
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		<title>By: Abe N. Margallo</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6974</link>
		<dc:creator>Abe N. Margallo</dc:creator>
		<pubDate>Tue, 02 Sep 2008 03:10:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6974</guid>
		<description>Jon, according to Bernas, with whom I basically agree, “The need for [a constitutional] process is [in the MoA-AD] even if not in the language we can easily understand. The negotiators had to devise a lot of language engineering to satisfy the constitutional requirement of the Republic while at the same time producing something acceptable to an opposing side reluctant to accept the Constitution.”

At this stage of the peace negotiation, the need for a judicial oversight is yet uncalled for because the process is still purely political (or “purely executive,” as you put it), not judicial. Congress or the people (especially those who are directly affected or disadvantaged by the MoA) are not expected to act favorably on the presidential peace initiative, if they consider it to be foolhardy in the first place. 

Based on our constitutional system, the courts, the Supreme Court including, have no business dealing on the wisdom or folly of a political act (for instance, the decision to negotiate with the MILF, instead of the MNLF) except, like any other citizen, to vote out of office an unwise president or some silly members of the senate who would ratify such an initiative and then proceed to propose an amendment to the Constitution for the purpose. If you think you are aggrieved by these decisions by the political branches of the government, you are free to vote and campaign against them. Meanwhile, the duty of the court is only to allocate, delineate or acknowledge governmental powers including its own according to the mandates of the Constitution, no more, no less. 

Dean, I can type with only two fingers so I hope this will suffice to answer some of your concerns too. I have however disagreed with Bernas when he’s wrong as when he had defined the word “initiate” in the amendment provision during the Davide impeachment (adopting his definition, the robed gang hailed their Chief) and then flip-flopped on the same definition during the Arroyo impeachment. I am however morally certain he is constitutionally on the money on this one.</description>
		<content:encoded><![CDATA[<p>Jon, according to Bernas, with whom I basically agree, “The need for [a constitutional] process is [in the MoA-AD] even if not in the language we can easily understand. The negotiators had to devise a lot of language engineering to satisfy the constitutional requirement of the Republic while at the same time producing something acceptable to an opposing side reluctant to accept the Constitution.”</p>
<p>At this stage of the peace negotiation, the need for a judicial oversight is yet uncalled for because the process is still purely political (or “purely executive,” as you put it), not judicial. Congress or the people (especially those who are directly affected or disadvantaged by the MoA) are not expected to act favorably on the presidential peace initiative, if they consider it to be foolhardy in the first place. </p>
<p>Based on our constitutional system, the courts, the Supreme Court including, have no business dealing on the wisdom or folly of a political act (for instance, the decision to negotiate with the MILF, instead of the MNLF) except, like any other citizen, to vote out of office an unwise president or some silly members of the senate who would ratify such an initiative and then proceed to propose an amendment to the Constitution for the purpose. If you think you are aggrieved by these decisions by the political branches of the government, you are free to vote and campaign against them. Meanwhile, the duty of the court is only to allocate, delineate or acknowledge governmental powers including its own according to the mandates of the Constitution, no more, no less. </p>
<p>Dean, I can type with only two fingers so I hope this will suffice to answer some of your concerns too. I have however disagreed with Bernas when he’s wrong as when he had defined the word “initiate” in the amendment provision during the Davide impeachment (adopting his definition, the robed gang hailed their Chief) and then flip-flopped on the same definition during the Arroyo impeachment. I am however morally certain he is constitutionally on the money on this one.</p>
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		<title>By: Dean Jorge Bocobo</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6972</link>
		<dc:creator>Dean Jorge Bocobo</dc:creator>
		<pubDate>Tue, 02 Sep 2008 02:36:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6972</guid>
		<description>Bencard, 
I too am an ardent defender of Rule of Law. So, what is your opinion about the sufficiency in form and substance of the MOA-AD as proposal to amend or revise the Constitution for the purposes therein implied?</description>
		<content:encoded><![CDATA[<p>Bencard,<br />
I too am an ardent defender of Rule of Law. So, what is your opinion about the sufficiency in form and substance of the MOA-AD as proposal to amend or revise the Constitution for the purposes therein implied?</p>
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		<title>By: Dean Jorge Bocobo</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6970</link>
		<dc:creator>Dean Jorge Bocobo</dc:creator>
		<pubDate>Tue, 02 Sep 2008 02:21:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6970</guid>
		<description>Sure. Anyone can propose revisions or amendments to the Constitution. But the three Constitutional means for doing that are Con-con, Con-ass, and PIA. There&#039;s nothing there about proposing chacha through a MOA-AD that the would fall into international law jurisdictions like the OIC, ICJ and even the UN (those witnesses at Putrajaya weren&#039;t just props, eh?).

Bernas is guilty of a transitive fallacy (cart before the horse), isn&#039;t that obvious?</description>
		<content:encoded><![CDATA[<p>Sure. Anyone can propose revisions or amendments to the Constitution. But the three Constitutional means for doing that are Con-con, Con-ass, and PIA. There&#8217;s nothing there about proposing chacha through a MOA-AD that the would fall into international law jurisdictions like the OIC, ICJ and even the UN (those witnesses at Putrajaya weren&#8217;t just props, eh?).</p>
<p>Bernas is guilty of a transitive fallacy (cart before the horse), isn&#8217;t that obvious?</p>
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		<title>By: Dean Jorge Bocobo</title>
		<link>http://filipinovoices.com/sc-defiance-in-landmark-moa-is-impeachable-offense/comment-page-1#comment-6969</link>
		<dc:creator>Dean Jorge Bocobo</dc:creator>
		<pubDate>Tue, 02 Sep 2008 02:15:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.filipinovoices.com/?p=648#comment-6969</guid>
		<description>Abe,
I have to chuckle. Bernas also supported Davide&#039;s infernal act of judicial-military putschism against Erap, or more to the point, against the Senate sitting as an impeachment court. He is the progenitor of our judicially activist Constitution, a legalist&#039;s approach to &quot;prevent&quot; another Marcos.  No constitutional innovation has been inutile and paradoxically apposite in its actual effects.

Here he displays pure hubris, since he was apparently the &quot;Constitutional expert&quot; who assured the Palace it was intro vires for them to make false promises and to allow Dureza et al to negotiate in utter bad faith. 

That of course is why they did it in secret, as recommended to them by Tuminez et al at the USIP, in ill-advised emulation of the Sinhalese ceasefire with Tamil Tigers, which also has led to nothing but strife and bloodshed. 

Of course dismemberment of the secular republic would suit the Catholic Church just fine, for that would surely lead to TWO theocracies: one run by the RCC, the other by the MILF and the Bearded Ones from Waziristan.

It would be like the olden days, when Spain and Portugal split the world in two. Damn Jesuits!</description>
		<content:encoded><![CDATA[<p>Abe,<br />
I have to chuckle. Bernas also supported Davide&#8217;s infernal act of judicial-military putschism against Erap, or more to the point, against the Senate sitting as an impeachment court. He is the progenitor of our judicially activist Constitution, a legalist&#8217;s approach to &#8220;prevent&#8221; another Marcos.  No constitutional innovation has been inutile and paradoxically apposite in its actual effects.</p>
<p>Here he displays pure hubris, since he was apparently the &#8220;Constitutional expert&#8221; who assured the Palace it was intro vires for them to make false promises and to allow Dureza et al to negotiate in utter bad faith. </p>
<p>That of course is why they did it in secret, as recommended to them by Tuminez et al at the USIP, in ill-advised emulation of the Sinhalese ceasefire with Tamil Tigers, which also has led to nothing but strife and bloodshed. </p>
<p>Of course dismemberment of the secular republic would suit the Catholic Church just fine, for that would surely lead to TWO theocracies: one run by the RCC, the other by the MILF and the Bearded Ones from Waziristan.</p>
<p>It would be like the olden days, when Spain and Portugal split the world in two. Damn Jesuits!</p>
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