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Showing posts with label Chief Justice Renato Corona. Show all posts
Showing posts with label Chief Justice Renato Corona. Show all posts

Friday, August 19, 2011

Will the RH Bill really enjoy the "presumption of constitutionality"?

Wilfredo Jose
Miriam's "constitutional" follow-up to her "encyclical"


The meat of Senator Miriam Santiago's RH Sponsorship speech (Parts 2 and 3) rests in claiming that the enactment of the RH bill will enjoy a presumption of constitutionality. According to her since there is no clear constitutional prohibition, the passage of the bill would amount to a "legislative construction" of Article 2 Section 12 which is at the heart of the constitutionality issue.

I am not about to argue Senator Santiago's legal opinion point by point, for that is well beyond my reach. I would just like to point out that at least three legal luminaries do not share her legal constructions, and in fact flatly goes against them.