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Nonetheless, the Solicitor General, in the exercise of sound discretion, might droop or flip down the establishment of an motion for quo warranto the place there are just and valid reasons. Upon receipt of case licensed to him, the Solicitor General may begin the prosecution of the case by submitting the appropriate motion in courtroom or he might choose to not file the case at all. The Solicitor General is given permissible latitude inside his legal authority in actions for quo warranto, circumscribed solely by the nationwide interest and the government coverage on the matter at hand.
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She was well conscious that the Court was on an intensive choice writing break for the entire month, and hence, there was no particular purpose for her to report back with out the approval of the Court. Her reporting for work didn’t appear to have any pressing motive except her want to preside over the particular session of the en banc where the principle agenda was the deliberation of this case. While the Court’s inside or administrative rules could not contain a provision on indefinite leaves, it doesn’t mean that it isn’t acknowledged. There was no must denominate or qualify the indefinite go away as a wellness go away or any one of many recognized leaves that Members of the Supreme Court are entitled to.
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To her, the word ‘could’ within the provision qualifies only the penalty imposable after the impeachment trial; not that it suggests another mode to remove an impeachable official from office. I view with deep disgrace and regret this present day when the Court has ousted certainly one of its sitting Members upon the prodding of a mere agency of a separate coordinate division, steadfastly maintain that the members of the Court can not and shouldn’t permit themselves to be used in this manner. No matter how dislikable member of the Court is, the rules can’t be changed simply to do away with him, or her in this case. The different members of the Court – the Court en banc – are called upon to grin and bear the unbearable as travelling this prohibited highway will be on the expense and to the extreme prejudice of the independence of the entire Judiciary, the independence of the Court’s individual members, and the liberty of discourse throughout the Court.
- “Impeachment isn’t an invention of politicians. It was drafted by the framers of the Constitution. Media, which propagates the myth that impeachment is a numbers recreation, hence, is political and arbitrary, fails to emphasise the fact that the rule of the bulk is the essence of democracy,” the Justice of the Peace confused.
Villar was a Commissioner of the COA with a term of seven years. During Villar’s fourth year as COA Commissioner, COA Chairman Guillermo Carague completed serving his seven -year time period. President Gloria Macapagal-Arroyo then promoted Villar by appointing him as Chairman of the COA and, as such, was thought-about an impeachable officer underneath the Constitution. The filing by the Solicitor General of the present quo warranto petition to oust the Chief Justice seems to be an admission on the a part of the Executive department that the grounds for impeachment, together with the bottom upon which this quo warranto petition relies, rest on shaky grounds. Understanding the inherent weak point of the grounds of impeachment and the improbability of ouster through the mode constitutionally provided, the Solicitor General has successfully shopped for different forum to seek the Chief Justice’s ouster. This is not a highway much less travelled – it is a prohibited alleyway that, regrettably, the Court is now permitting passage through.