The EQualizer Post :Year V

The EQualizer Post :Year V
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Remember this... " When I despair, I remember that all through history the ways of truth and love have always won. There have been tyrants,despots and murderers, and for a time they can seem invincible, but in the end they always fall. Think of it--always. " Mahatma Gandhi

Thursday, January 26, 2012

Who Should Replace Renato Corona As Chief Justice?

"I Resign"
 The first Chief Justice impeached by the Philippine Congress is Renato Corona under the Benigno Aquino III presidency in December 13, 2011 on the grounds of betrayal of public trust, culpable violation of the Constitution and graft and corruption, citing specifically in the eight articles of impeachment his “undue closeness” to Arroyo who is under hospital arrest for electoral sabotage.[1] The lower house voted 188 out 285 members in favor of the impeachment complaint. Since January 16, 2011, the Philippine Senate started the impeachment trial. Wikipedia

You can mark it down: Renato Corona will resign. 
It's just a matter of time.
Chief Justice Claudio Teehankee  

"Moses required of those first judges that quality, rare then and rarer still today, of incorruptibility."
The next Chief Justice  should be in the mold of Claudio Teehankee.
The Great Dissenter
Claudio Teehankee (April 18, 1918 - November 27, 1989) was the 16th Chief Justice of the Supreme Court of the Philippines.
Teehankee was born on April 18, 1918 in Manila, Philippines. He was married to Pilar D. Javier with whom he has nine children. He received his A.B. summa cum laude in 1938 and LL.B. summa cum laude in 1940 from the Ateneo de Manila. He also garnered first place in the 1940 bar examinations with an average of 94.35 percent.

He became Secretary of Justice under the Marcos administration in 1967 before being appointed as associate justice in 1968.

After his retirement, he was appointed as the Philippine Ambassador to the United Nations, where he died of cancer in Manhattan, New York on November 27, 1989. He is interred at the Libingan ng mga Bayani. From Wikipedia
Claudio Teehankee  distinguished himself when he upheld the rights of the people even during the height of the martial law period.
Teehankee often dissented from the majority opinion of his
colleagues in the court, accusing Marcos and the military of human right abuses.
He authored the opinion questioning the jurisdiction of military commissions over civilians, such as the one that tried former Senator Benigno S. Aquino Jr.
In his role as "great dissenter," Teehankee was called the "conscience of the Supreme Court." When he became a senior member of the Senior Court, Teehankee was twice bypassed for the position of Chief Justice, violating the protocol that the most senior of the justices be named to head it.
Teehankee weathered the bar scandal of 1982, which involved the son of another Supreme Court justice, and was reappointed to the court. He also survived attempts to impeach
him and questions concerning his citizenship during the same year.
At the height of the EDSA Revolution in February 1986, Teehankee played a crucial role in swearing in Corazon C. Aquino as the country's 11th President while Marcos was holding his
own inaugural ceremony at Malacañang.
Teehankee served as Chief Justice until his retirement on April 18, 1988.

Education: A.B., Ateneo de Manila, 1938 (summa cum laude)  
Bachelor of Laws, Ateneo de Manila, 1940 (summa cum laude)  
1st Place 1940 Bar Exam with an average of 94.35%
 

Awards: Citation of the Ateneo de Manila University in conferment of Honorary Doctorate of Humane Letters (1986):  

"In the Supreme Court, during the dark days of martial law, no one knew, certainly not President Marcos, that Mr. Teehankee would defy the tyranny of numbers and cast doubt on the validity of his regime, question the justness of its cause, and belie its adherence to the rule of law. Consistently, Mr. Teehankee's dissenting opinions valiantly stripped away the curtains of legality that Mr. Marcos draped over his regime.  
"True to the Supreme Court's tradition of independence, Mr. Teehankee's erudite dissents during the dark days of the Marcos regime, remained a steady flicker of light, encouraging the fainthearted and inspiring hope. With the courage of his convictions, and with integrity, he rose above the loneliness of his cause, the risk to his life and liberty, as he fought to preserve the rule of law.  
"The days of the Marcos regime may have been the darkest in Philippine history. They were also days when Mr. Teehankee's courage shone the brightest."  

Citation of the University of the Philippines in conferment of Honorary Doctorate of Laws (1987):  

"For his steadfast devotion, selfless courage and singular dedication to the principles of liberty, morality in government, constitutionalism, and the rule of law as a jurist, administrator of justice -and public servant;  
"For his deep and consistent advocacy of human rights, justice, and freedom, without regard to the expediency of his cause, and at risk to his life and liberty as he uncompromisingly upheld the rule of law.  
"For his extraordinary strength of character demonstrated by keeping faith, when it was convenient to lend it away, with the maintenance of a strong and independent judiciary, thereby keeping alive, during the critical period of our history as a nation, the hope of the Filipino people for a judiciary worthy of their respect and confidence. " 

Human Rights Award conferred by the Concerned Women of the Philippines(1985):  
"For his uncompromising stand in protecting the victims of abuse and injustice perpetrated by those in power. "For providing an inspiring example of love of country, and of professional integrity and judicial independence in this dark period of Philippine history."  
Knights of Rizal Pro-Patria Award (1987):  
"In humble tribute to and grateful recognition of his unselfish dedication to the cause for which the Order stands, . . . his courageous and uncompromising adherence to the Rule of Law, espousal of democratic ideals and civil liberties, and respect for human rights, unmindful of the risks and disadvantages attendant thereto during the regime of an authoritarian ruler; and his exemplary government service characterized by unparalleled competence and unquestioned integrity, . . .  
"A true patriot and an undisguised nationalist, he is the epitome of what Rizal undoubtedly expected every Filipino who loves his country should be."  

Citation of the Xavier University-Ateneo de Cagayan in conferment of Honorary Doctorate of Laws (1988):  

"The man our University has chosen to honor this evening, embodies to an extraordinary degree those four qualities Moses sought among the first judges. His academic record at the Ateneo de Manila, his topping of the bar examinations of 1940, his lucid, superbly crafted and meticulously researched opinions as Justice of the Supreme Court, his decisions and policies as Secretary of Justice – all these point to a brilliant mind at the service of the nation.  
"If we are to glean the God-fearing quality of a judge from his consistent and uncompromising stand on the protection of the rights and liberties especially of the powerless and voiceless, and the congruence between his words and his actions, between his private and public life, then our honoree clearly possesses the second quality Moses demanded of his judges.  
"The third quality of a judge was that he should be trustworthy. This test our honoree meets as we go through the records especially of his courageous opinions and actions during the dark years of martial rule which saw our Supreme Court reduced to the degrading role of disguising tyranny with the veil of legality.  
"Finally, Moses required of those first judges that quality, rare then and rarer still today, of incorruptibility. Our honoree could have easily taken advantage of his access to high places and connections had he been willing to betray the cause of justice whose integrity he was sworn to uphold. At a time when the expedient thing was to remain silent, he courageously proclaimed his adherence to the rule of law.