Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

The next showdown occurred with the appointment of a new chief justice before


the May 2010 presidential election. The post-Marcos constitution bans “midnight


appointments,” so that an outgoing president may not reward his loyalists with


fixed-term posts in order to cramp his successor. President Arroyo insisted that the


ban did not apply to the chief justice, proceeded to make the appointment, and was


upheld by the Supreme Court.^47


Constitutional experiment on party lists and minorities


During this decade, the court further experimented with constitutional innovation


allowing party-list representatives to sit in Congress, in addition to those elected via


geographically allocated districts. First, the court allocated the 20 percentum of


Congressional seats reserved for party-list groups, “translat[ing] the Philippine legal


parameters [of representation and proportionality] into a mathematical equa-


tion.”
48
Second, the court limited the party-list system to those who represent


“marginalized and underrepresented” sectors.
49
Ten years later, the court squarely


abandoned this requirement and opened the party-list system to groups on the basis


of ideology or cause rather than the sector they represent.
50


The court also struck down a politically unpopular peace agreement with


secessionist Muslim rebels in Mindanao since it granted a geographical area a


degree of political autonomy that overstepped constitutional boundaries.
51


The court’s sensitivity to popular opinion is further shown by its uncertain


rulings on the economic protectionism enshrined in the Constitution. Initially, it


struck down portions of the Mining Law that allowed foreign participation that


went beyond “technical or financial assistance” and would give foreigners a degree


of control in a domain reserved to Philippine nationals.^52 Within one year, the


court reversed itself and validated the Mining Lawin toto.^53 The court also upheld,


one vote shy of a majority, the ancestral domain rights recognized in the Indigen-


ous Peoples Rights Act.^54 Finally, the court revised long-standing doctrine on how


to determine how corporations may comply with the ownership requirements in


protected industries.^55


(^47) De Castrov.Judicial and Bar Council, G.R. No 191002 (March 17 , 2010 ).
(^48) Veterans Federation Partyv.Commission on Elections, G.R. No 136781 (October 6 , 2000 ).
(^49) Ang Bagong Bayani-OFW Labor Party, G.R. No 147589 (June 25 , 2003 ).
(^50) Atong Paglaumv.Commission on Elections, G.R. No 203766 (April 2 , 2013 ).
(^51) North Cotabatov.Government Peace Panel, G.R. No 183591 (October 14 , 2008 ).
(^52) La Bugal-B’laan Tribal Associationv.Secretary of Environment and Natural Resources,
G.R. No 127882 (January 27 , 2004 ).
(^53) La Bugal-B’laan Tribal Associationv.Secretary of Environment and Natural Resources,
G.R. No 127882 (December 1 , 2004 ).
(^54) Cruzv.Secretary of Environment and Natural Resources, G.R. No 135385 (December 6 ,
2000 ).
(^55) Gamboav.Teves, G.R. No 176579 (June 28 , 2011 ).


306 Pangalangan

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