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Thus, there may be no constitutional disaster where the Constitution itself supplies the means and bases for the resolution of the “conflict.” To reiterate, the Court’s exercise of jurisdiction over an motion for quo warranto falls inside the ambit of its judicial energy to settle justiciable issues or actual controversies involving rights which are legally demandable and enforceable. In so doing, the Court isn’t arrogating upon itself the Congress’ power to determine whether or not an impeachable officer could additionally be removed by impeachment or not, which is a political, rather than judicial, train. In truth, this may not be the first time the Court shall take cognizance of a quo warranto petition against an impeachable officer. In the consolidated instances of Estrada v. Desierto, et al. and Estrada v. Macapagal¬≠-Arroyo, the Court took cognizance and assumed jurisdiction over the quo warranto petition filed against respondent therein who, at the time of the filing of the petition, had taken an oath and assumed the Office of the President. Petitioner therein prayed for judgment confirming him to be the lawful and incumbent President of the Republic temporarily unable to discharge the duties of his workplace, and declaring respondent to have taken her oath and to be holding the Office of the President, only in an appearing capability.

It is thus perturbing that sure officers of the separate branches of the Government and even men and women discovered in law had succumbed to the tempting affray that tends to divert the moment quo warranto action from its primary objective. Even worse, respondent and her spokepersons chose to litigate respondent’s case, aside from her Ad Cautelam submissions to the Court, earlier than a number of media-covered engagements. Through her actuations, respondent seems to have forgotten that this is a courtroom action for quo warranto, and as such, the concomitant rule on sub judice unnegotiably applies. Worst still, respondent who’s a lawyer and who asserts proper to the Chief Justice place and due to this fact should foremost pay attention to the rule, continues to conjure public clamor towards the Court and its Members with regard to this pending case in Court. Well-settled is the rule that qualifications for public workplace have to be possessed on the time of appointment and assumption of office and also during the officer’s whole tenure as a unbroken requirement.

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This interpretation is inherently a coverage query that can only be nullified on the bottom of grave abuse of discretion, which may be coursed solely through a petition for certiorari. To allow a direct resort to quo warranto would amount to bypassing the JBC, and in consequence, render weak the integrity of the Judiciary as an institution. Indeed, it could not have been intended that the OSG could simply are available at any time and ask the Supreme Court to re-assess the subjective skills of any Judiciary appointee when the same had already been decided by the body specifically created therefor. Notably, since a petition for certiorari assailing the act of the JBC would not represent an attack towards a “judgment, order or decision” of a “tribunal, board or officer exercising judicial or quasi-judicial features,” it’s subsequently obvious that the sixty -day submitting period under Section four, Rule sixty five of the Rules of Court would not apply.

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An motion for quo warranto ought to be promptly filed and individuals who claim a right to the office occupied by a supposed usurper should do so throughout the supplied interval, lest they be deemed to have deserted their right. Granting a Petition for Quo Warranto towards the Chief Justice-an impeachable officer-is not the right way to tackle her incapability to realize the respect of the branch of government that she was entrusted to lead. This is clear from a deliberate, impartial, acutely aware, and contextual studying of the entirety of the textual content of the Constitution. This is the unclouded conclusion if this Court appreciates the true worth of judicial independence. Of justice to settle actual controversies involving rights that are legally demandable and enforceable, and to find out whether or not or not there was a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any department or instrumentality of the Government.

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Lecaroz involved a felony cost against a mayor earlier than the Sandiganbayan, while the remaining were disbarment instances filed towards impeachable officers principally for acts done throughout their tenure in public workplace. Whether the impeachable officer unlawfully held his office or whether or not his appointment was void was not an issue raised before the Court. The principle laid down in said circumstances is to the impact that during their incumbency, impeachable officers can’t be criminally prosecuted for an offense that carries with it the penalty of removing http://www.whyblackpeoplemeethere.com, and if they are required to be members of the Philippine Bar to qualify for his or her positions, they cannot be charged with disbarment. The proscription does not prolong to actions assailing the public officer’s title or proper to the office she or he occupies. The ruling therefore can’t serve as authority to hold that a quo warranto action can never be filed against an impeachable officer. In issuing such pronouncement, the Court is presumed to have been conscious of its energy to concern writs of quo warranto underneath Rule sixty six of the Rules of Court.

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It creates a precedent that gravely diminishes judicial independence and threatens the power of this Court to claim the basic rights of our people. We render this Court subservient to an aggressive Solicitor General. We render those that present dissenting opinions unnecessarily vulnerable to highly effective pursuits. The Judicial and Bar Council is not merely a technical committee that evaluates the fitness and integrity of candidates in the Judiciary.

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