SC flipflops, reinstates Maliksi as Imus, Cavite mayor

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MANILA, Philippines—The Supreme Court on Thursday reinstated Imus, Cavite Mayor Emmanuel Maliksi in effect, reversing its earlier ruling declaring Homer Saquilayan as the duly elected mayor of Imus Cavite.

INQUIRER FILE PHOTO

In its ruling, the high court granted the motion for reconsideration of Maliksi and remanded the election protest to the Commission on Elections and ordered the Comelec to decrypt printed ballot images and do a recount.

Those who voted to grant Maliksi’s petition were Associate Justices Lucas Bersamin, Presbitero Velasco, Teresita Leonardo De Castro, Arturo Brion, Diosdado Peralta, Jose Perez, Jose Mendoza, Bienvenido Reyes. Perez is the swing vote. He earlier voted in favor of Saquilayan.

Those who voted to deny were Chief Justice Maria Lourdes Sereno, Senior Associate Justices Antonio Carpio, Associate Justices Mariano Del Castillo, Roberto Abad, Martin Villarama and Estela Perlas-Bernabe, Marvic Leonen.

The writ of execution issued by the Comelec against Maliksi is undone, the high court said.

In his appeal, Maliksi pointed that the writ of execution is irregular. Being issued by the Comelec en banc, he said it should be signed by all commissioners. In this case, however, only Comelec Chair Sixto Brillantes Jr. and the Clerk of Court signed the order.

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  • kilabot

    unstable sc.
    noykapon’s influence shows.

    • berong es

      hehehhe…kasalanan pa din ni pnoy…lols.pag umulan at kumidlat mamaya,kasalanan pa din ni PNOY…hay naku…

      • rolando

        Hindi. Kasalanan ni Gloria.

      • patintera

        Ganyan din nung si GMA nakaupo. Wag na tayo magtaka.

    • magiting78

      Pano naman naging influence ni noykapon? kita mo naman yung mga bumuto ng against halos mga tuta nya…

    • Aris Kalayaan

      You have to know that all who voted for reinstatement and recount are members of Gloria’s syndicate. It will be hard to get just ruling from the SC as long as the syndicate holds the majority.

    • tarikan

      I don’t think so. Look at the affirmative vote for Maliksi, majority if not all are not PNoy’s appointee.

  • marienkind

    Our Supreme Court is so powerful, it can undo an entire department’s months of work in a session or two. Doesn’t matter which department or what decision, be it the Comelec, the Senate, the Office of the President, or Mang Jun’s Carinderia. The fact that they can rule on the legality or otherwise of anything, even on things that they probably have no expertise on, is scary.

    p.s. yes, I know they only ordered a recount for this case, but the fact that they were able to reinstate Maliksi for the duration of the recount which god knows how long it will take, is the point.

    • askal2u

      they are corrupt and idiot and can be paid that’s what they are

  • penoy2012

    Malakas talaga si penoy. Takot ang SC.

    • joshmale2004

      Tingnan mo nga kung sino bumoto sa pabor kay Maliksi? Di ba mga tutal ni GMA?Kung may influence si Pnoy sa SC, hindi nag against sana mga appointed niya gaya nina Sereno at magiging unanimous ang decision ng SC kasama na mga appointed ni Pnoy.

      • penoy2012

        Ha? Si Justice Bienvenido Reyes si Penoy nag appoint last 2011. Si Lloren hindi bumoto.

      • Eddwardd

        tama…

        dre, mas mainam kung ilalabas ng pdi o sinumang reporters ang nilalaman ng desisyon pra malaman ang nilalaman ng desisyon..hindi ung puro personality ng mga justices natin ang pag uusapan..tingnan ang merits ng desisyon..kc kung ganun mangyayari hollahop nlng tau mas maganda pa…hehehe

      • Eddwardd

        llonen..bkit kya?siguro absent o bka nag abstain..bc bchan ata sa bangsamoro issue..hehehe

      • joshmale2004

        Reyes maybe the only one appointed by Pnoy who voted in favor of Maliksi but it was the swing vote of Jose Perez, an appointee of GMA that did the reversal decision.

      • tarikan

        Si Perez ang swing vote hindi si Reyes. Go read again, pre.

      • joshmale2004

        Got it Bro. Perez was appointed by GMA in December 2009.

      • Eddwardd

        Ask justice Perez whose swing vote makes SC to reinstate Maliksi as Imus, Cavite mayor? sa tingin q d pa rin matatawag na flipflop ang desisyon..tingnan nyo ang bumoto both sides-pro and against…halos wla namang pagbabago maliban nlng kay Justice Perez…

        ito tlgang media natin ginawang masama ang korte natin sa paraan ng reporting style nila..kung responsible journalists sila sna inilabas din nila ang laman ng desisyon pra maunawaan ng taumbayan kung paano na i reverse ang desisyon…

        Mas ok pa ang news writer or reporter ng interaksyontv..Mas katanggap tanggap ang headline tulad nito: As SC grants Maliksi MR, Comelec writ of execution on Imus mayorship is undone…
        hindi tulad ng irresponsableng reporter ng pdi na ito sensationalizing the issue ..pra saan at ano? makahatak ng mambabasa o makatawag pansin ng tao pra magka rating?..kawawa nmn ang mga nakisawsaw sa isyu.kya tuloy namemersolan nlng at hindi dun sa nilalaman ng desisyon…

      • joshmale2004

        I agree with your observation sir.

    • Guest

      baka tinakot na i-impeach ng abnoy…liberal si maliksi eh..yan ang tagong daan

  • speedstream2

    Do high tribunals in other democratic societies elsewhere in the world also flip-flop? Just curious.

    • generalproblem

      onli in the philippines because they can be bought. they are the supreme meaning the highest court why they cannot make a precise and concise decision, a final decison. I dont the reason why maybe sombedoy here knows.

      • josh_alexei

        The reason is the Justices are indebted to somebody for their position…It is the Process of Selecting and Vetting the Justices of the SC that it is more of Patronage appointment rather than installing men and women of unquestionable character and capabilities..and Perhaps other factors is the security of tenure and remunerations…Tenure I believe is the Justices are secured until retirement for good behaviour, but it is the remuneration that will temp them to do what men and women of integrity would not even think of. Because these men and women expect much for being SC justices, and they tend to forget that they are not sitting as SC Justices of a wealthy and Progressive Country…but beside these facts..are they getting enough?

      • speaksoftlylove

        Ayong Maliksi belongs to the Liberal Party but Sereno, Abad, Leonen and the administration-afraid Mariano del Castillo voted against the reinstatement or flip flop. So, where is the “indebted to somebody for their position” that you are talking about?

        Explain your comment, if you can.

      • josh_alexei

        You’re reply has no bearing to my post a s to the process of appointing Justices that is a Patronage …and the Justices Flip Flop. Which ever side of politics they are playing and they still voting in Blocks. The Political Party of the respondent should have no bearing in the case at ALL and No SC reverses its own Decision for the Same Case, unless being influenced by outside forces …only the higher Court can undo the lower court decision, and there is no higher court than the SC.. My thorough research still stand that no other Court FLIP N FLOP not even once like the Phl SC who does like changing its underwear.

    • dodong1

      i don’t think that ever happens..ONLY IN THE PHILIPPINES…WE’RE NUMBER ONE!!!

    • josh_alexei

      No and NO…the SC is the Court of last Resort…and believe me you, electoral cases seldom get to the SC but stop at the very First court where it is brought for Resolution…in Fact, in Canada, there is an Auto recount for close contest and in cases of protest, the court will order a recount and that is about it…in extreme case, that may go the next LEVEL, but very seldom as high as to Court of Appeal…and so far not heard it get to as high as The Supreme Court…and No our Supreme do not Flip and Flop…its decision is FINAL…

    • josh_alexei

      And I did a very thorough research on many of our SC decisions and there were NO Block Voting of its Nine Justices in any of its decision. like a particular group of Justices vote together on the same side most of the time…almost always, the vote is unanimous with differing opinions…or particular justices could be voting on dissenting side or on the majority side, but not in PARTY Line side like the Phl Supreme court where if the case is Political interest you can tell which Justice will vote on which side…so predictable.

      • speaksoftlylove

        Kulang ka sa “thorough research.” Look who voted against granting Maliksi’s petition, di ba mga appointees ni PNoy? Bakit samantalang :Liberal Party naman ang partido ni Maliksi? Di nasama sa “thorough research” mo ano?

      • josh_alexei

        But my SC is the Canadian SC not the Banana Republic SC of the Phl you are referring to. In reply to query by other posters.

  • R_RR

    Nice term – flip flop….really a flop.

  • alex_diaz2014

    ano ba yan…

  • Alala Peter

    iyan ang dahilan akya natanggal si corona, ganun pa din

  • NAGMAMARUNONG

    iba iba ang pananaw ng mga magistrado depende sa panahon, ngayon hindi, bukas okey. kunwari idinadaan sa motion for reconsideration pero talagang nagmamadali. also, ang desisyon ay depende rin sa mga pinagaralan nila.

  • $16638896

    bkt hindi nalang maglaban ang dalawang kupal na mayor sa may 13, dun magkakaalaman. wala nang silbi itong ruling na ito dahil halos natapos na rin ang term nung isa.

  • joshmale2004

    I am wondering why the GMA appointed judges favored Maliksi being a LP while the Aquino appointees were against except the swing vote of Perez who originally voted against in the first decision. Really mind boggling indeed.

    • http://www.yellowmythbusters.gov.ph/ Weder-Weder Lang

      One possibility, galit si GMA kay Revilla for voting to impeach Corona. Weder weder lang naman ang politika. No permanent allies, no permanent enemies, just permanent self-interest. O baka naman the GMA-appointed justices no longer feel beholden to their old master.

      • joshmale2004

        You may be right with your observation because i was expecting the Pnoy appointed judges to favor Maliksi while the old ones will be against. With what happened I would tend to believe that the decision is now tainted with malice and that the Pnoy appointed judges who voted against Maliksi despite his being an LP maybe correct in their decision. But what can we expect right now with the current SC?

    • speaksoftlylove

      That’s what I was posting above, There’s more than meets the eye in this issue. During his provincial sortie in Imus, Cavite, PNoy did not miss attacking an unnamed politician “na nagako daw tumulong sa kanya pero hanggang ngayon naghihintay pa siya.” Many believed that PNoy was talking about Bong Revilla. Now, I am 100% sure that PNoy was talking about Maliksi. Maliksi did not withdraw his membership from the Liberal Party for convenience for convenience of course. instead he is actively working for Team Malisya’s opponent. Maliksi no longer trusts his party because it was Comelec’s Brillantes who violated the law in the issuance of a resolution for his removal. Therefore, Maliksi knew from then on that it was PNoy who ordered Brillantes to remove Maliksi. Kaya lahat yang appointee na justices ni PNoy, including the administration-afraid Del Castillo, voted against the grant of Maliksi’s petition. Pasensya na PNoy, di umubra yang pambabraso mo.

      • ARIKUTIK

        Blah…blah…blah… Batas Flipflop … aaarrrggghhhhh

      • josh_alexei

        The SC may had made a very BAD decision, but its decision is FINAL and it can not Reverse even a Bad decision…It is up to the Legislators to Fix that Bad decision by Fixing the law for which the SC made a Bad decision, be it was a Legislation, Public Policy or proclamation…and the SC can not be Partisan…”just now the SC of Canada is investigating an allegation that some of its former Justices had influenced or intervened in the Repatriation of the BNA of 1867 aka as the Constitution which was enacted by the British Parliament creating the Nationhood of Canada from Three Colonies (the original 3 colonies of the Dominion) to which the only mean that the Parliament can amend the Constitution on our own…giving way to the Constitution Act of l982 also known as the Charter of Rights and Freedom. as it is ILLEGAL for any MEMBER of the Judiciary to intervene in a Political Process…The Two Institutions (three in the case of the Presidential) are separate and independent of each other…(in a Parliamentary, the Legislative and the Executive is one and the same and the other Branch is the Judiciary) now if you do an quick and dirty research of the the SC of the countries in the same system of Judicial like Australia, Canada, New Zealand, Hong Kong, you will find out that the SCs do not Flip and Flop and the system follows the hierarchy…or in layman’s term..”ladderized”…

  • tarikan

    Flip-flop # 1. More to come!

  • tarikan

    In a basketball game or any game for that matter, a referee flip-flops…expect a court ramble. Our high court can do it without blushing is a thick hide.

  • WeAry_Bat

    I feel our venerable tsinelas, flip flops in world terminology, is being disgraced for this behaviour of our SC.

    In line with our dislike for bully China, why not ping pong?

  • Jim De Garman

    obviously those SC justices are the flip-flappers not the SC .. those justices are merely retarded and out of their mind.

  • 05devillrn1652

    This soooooooooo ridiculous!!!!very OMG!!!! Only in d pilippines!!!!! Sooooooo hilarious!!!!!! They all shud be impeached!!!! WHAaaaaaa!!!!

  • farmerpo

    just to spite CJ Sereno hence the SC.Kids! Stop playing with our justice system. Is this what CJ Panganiban meant when he said that our Supreme Court is the most powerful court in the world?

  • Vic Usi

    Diminished credibility once more.

  • doncleo

    Supreme CLOWNS!!! halatang bayaran….”OK maglalabas kami ng bagong desisyon, anyway eleksyon na.”

  • Fulpol

    na-technical lang… ayos..

  • JasonBieber

    Team PNoy and PNoy KKK seem to have special treatment during the PNoy Administration. Pnoy talks about the straight path but the straight path seems more to be PNoy’s path when it comes to one of his own.

    Cebu Gov. gets forced out but this Mayor gets to stay in probably all thanks to PNoy influence. The straight path should be absent of biased.

  • http://twitter.com/brixvillapando brix villapando

    Well there are enormous cash in papers which flipflopped also…..nakakahiya na ang Suprme Court na ito…kakapal…walang pagbabago..grabe..garapalan pa rin….ito ang dapat tinataniman ng bomba ng mga terorista sa Mindanao…..

    Ang tatakaw sa pera…wala ng pinag-iba sa mga senador at congressmen!!!

  • ProudToBePinoy75

    Bakit nagbago isip ni Justice Perez?

  • vaporub123

    here we go again.flip-flopping.tsl-tsk.how will the filipino trust the supreme court if they themselves changes their decisions?

  • ProudToBePinoy75

    Di bale, di na mananalo yang si mandarayang Maliksi. Magsama sila ni Justice Perez.

  • http://twitter.com/brixvillapando brix villapando

    Sabi ko na e….pumasa lang dahil sa leakage ang mga justices na ito pweh!! Alam natin lahat yan, d night before the bar exams labasan na ang mga leakages specially from UP and Ateneo……Saan galing? E di sa examiners mismo na usually e from UP and Ateneo rin…..he he he! style nyo bulok!

    • Jr Derha

      ano daw? san proof mo?

  • regd

    The arroyo-appointed justices did it again! When I read ‘SC flip-flop’, I knew right away!

    • speaksoftlylove

      Ano ba ang partido ni Ayong Maliksi?

      Hindi ba Liberal Party o nagkakalat ka na naman ng katangahan mo dito?

  • david

    the SC can just do anything and everything. the sc justices are the most powerful in the country. they are in reality “ruling” the country.

  • wakats

    It was AJ Jose Perez who switched his vote from saquilayan to maliksi resulting to an 8-6 reversed ruling. The author of this article should have obtained the reason for the controversial vote of AJ Perez for the public to know….

    • dodong1

      AJ PEREZ was paid dearly by Maliksi..

  • Willie Dionio

    The flip-flopped decision by the Supreme Court does not help improve its image. This is the kind of flip-flopped decision that the people loses trust to our judicial institution. When can the Supreme Court learn to be firmed in their decision?

  • kapayapaan_1900

    For the supreme law arbiter of the land to change its decision so often like flipping burgers in a fast food restaurant is a suspect.

  • Fulpol

    PDI is really propagandist… spin doctor..

    “in effect”… the heck is that.. SC did not order, reinstate Maliksi..

    PDI, not news reporting.. but news commenting, propagandist…

    • $23218244

      PARE MAG JACK COOL KA NA AT LAMUNIN MO ANG PUUUKKKKI NI MARENG GLORIA. TAPOS DILAAN MO ANG KANYANG MGA UTTTONG.

  • guest

    I think it is time to change the supreme court by amending the constitution. It is becoming a joke.

  • jojo_castillo169

    di ba nakakahiya ang ginawa nila? paano nila na justify eh sa lower court may black and white documents? anong documents ang hawak nila para baguhin ang ruling?

  • iping2sison

    Again, this flip-flop act of the Supreme Court tarnishes its already tarnished image. Nowadays, nobody believes in it. Maybe, until all these aged and senile justices are gone, and within our lifetime, the Supreme Court redeems itself.

  • bright

    Flip flop decisions are embarrassing.

  • dodong1

    nasan na si baklang reyes at iba pang mga parating nag dedemonstrate para sa bayan…lusubin ang korte suprema at maghimagsik ng lagim…ipaalam sa kanila na hindi tama ang desisyon nila…

  • $23218244

    TAMA NA. THE ARROYO JUSTICES NEED TO BE BUTCHERED ALIVE. SLAUGHTERED LIKE PIGS. HEADS CUT OFF AND FED TO THE CROCODILES. MISTRESS DEATH I PRAY THAT YOU CLAIM THEIR SOULS AND SEND THEM TO HELL SO THAT THE DEVIL CAN PACK THEIR ANUSES. AYOS BA.

  • $23218244

    SARAP KUMUHA NG BALISONG AT HIWAIN AT SAKSAKIN SILA. SLASH THEIR THROATS AND WATCH THEM BLEED ON THE FLOOR. SOAK THE SC COURT WITH GASOLINE AND BURN THEM ALIVE. KILL KILL KILL KILL. VIOLENCE VIOLENCE VIOLENCE.

  • $23218244

    KILL THEM. KILL THEM. KILL ALL THE ARROYO JUSTICES. CURSE THEM. SUFFER IN HELL AND MEET THE DEVIL.

  • AnastacioMamaril

    Its Justice Jose Perez who flipflop. Bakit kaya??

  • Pio Pusli

    what the h@#$ and what a shame!!!!

  • indiosbravos2002

    There should be another layer in the judiciary higher than the SC. It shall be called the most supreme court of the Philippines. LOL. Parang bata kasi mga SC judges. Paiba iba isip. Minsan mas mabuti pang may diktdor para fixed agad problema regardless kung fair o hindi at least hindi naququestiin ang judgemebt at credibility ng korte.

  • tadasolo

    Flip flop one two
    Flip flop one two three
    Flip flop one two three four
    Flip flop one two three four five
    Flip flop one two three four five six
    Flip flop even more
    This is the favorite dance steps of the supreme idiots of the court

  • divictes

    Reminds me of Gollum. Scary.

  • axe musk

    Here we go again….. it seems that regardless of who heads the SC, FLIP-FLOPPING is normal and it’s in their work culture…. What if ALL cases that were previously decided by the SC were ALL on appeal??? Will they ALL revert it??? Just a few days have lapsed by the time they handed the decision against Maliksi, then now it’s the other way around…. The SC magistrates themselves were the ones degrading their offices…. How would you trust this court of last resort if this is always happening in their decisions???
    GISING NA KORTE SUPREMA……. CAN WE AT THIS TIME ATTRIBUTE WHERE DID THESE SC LAWYERS GRADUATED FROM??? AREN’T THESE PEOPLE WERE THE BEST OF THE BEST??? BUT WHY THEN THIS IS THE TREND??? WHAT’S WRONG??? MAYBE THEY WERE GIVEN A HUGE SUM OF MONEY FOR THEM TO REVERT THE PREVIOUS DECISION/S…. GINUGULO NYO LANG ANG TAONG BAYAN NA SIYANG APEKTADO SA MGA GANITONG USAPIN SA MUNISIPYO…..

  • Noel

    Why the flip flop? Majority of the SC Justices were appointed by GMA. You know what I mean. $$$$$

    • joshmale2004

      Maybe the reason is that the Maliksis are at odds with the Revillas. Bong Revilla voted to impeach Corona during the impeachment. So in order for the GMA appointed judges to get back at Revilla, they all voted to reinstate Maliksi even if he is an LP to ensure the Revillas will not get the upperhand during the election.

      • Noel

        Once again, INC comes into play in this election in Cavite. The three families, Remulla, Maliksi and Revilla are close to INC. Whoever INC supports has the upper hand.

  • Jake Lopez

    With what is happening to all branches of our government, shouldn’t we clamor to change the system completely? Like a federal government, parliamentary, elected top judicial positions, vote recall, etc.. Court flip flops, executive officials being elected by the unlettered and gullible, corruption everywhere..what else do we have?

  • ajca82

    This is why it’s becoming harder and harder to trust the gov’t. Even the most stable (supposedly) of branches is flipflopping like crazy

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