- Written by Ninez Cacho-Olivares
- Tuesday, 24 July 2012
It was bad enough that the Supreme Court (SC), along with Noynoy, amended the constitutional proviso on the decreed membership of the Judicial and Bar Council, which stated clearly that the JBC would be composed of the Chief Justice and the Secretary of Justice, among other members.
That proviso does not state that the CJ as member can be replaced anytime by an acting CJ and down the succession line, if the other justices, for one reason or another, does not participate in the JBC proceedings.
Neither does the same proviso state that the President of the Republic can name an alternate representative of the executive for the Justice chief. But there it is, Noynoy and the SC amended that constitutional provision illegally, as they have no power to amend the Charter.
Not content with raping the Charter twice over, there went a House leader who proposed yet another mode of amending, or drafting an entirely new Constitution.
The mode proposed is a fourth mode, known as the Bernas mode, on account of it having been proposed by a supposed constitutionalist, Fr. Joaquin Bernas.
The fourth mode, which does not exist in the Constitution by way of amending the Charter, calls for, and takes the route of the legislative process..... MORE
Source: The Daily Tribune