I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The Supreme Court is, as the law says, an independent body. It is a constitutional court and therefore can only be abolished if a constitutional change makes it so. This is the only indication of stability the Supreme Court has. There are many loopholes present in the legal provisions of the Supreme Court that have been exploited by politicians, thus making its evidence a mere facade.
It has its own appointive body which is responsible for the appointment of judges throughout the country. This body is called the Judicial and Bar Council and it is not subject to the fully Congress-owned Commission on Appointments. It nominates candidates to the Supreme Court and all the lower courts to the president, who has the prerogative of choosing who to fill a vacancy. The Judicial and Bar Council was created by the makers of the 1987 Constitution in an attempt to depoliticize the judiciary -at least that's what it says on paper.
The Judicial and Bar Council is composed of the following people:
1.) The Chief Justice of the Supreme Court;
2.) The Secretary of the Department of Justice;
3.) A representative of the Integrated Bar of the Philippines;
4.) A law professor;
5.) A member of the private sector;
6.) A retired Supreme Court member; and,
7.) A member of Congress (supposedly with 1/2 representation from the Senate and 1/2 from the House of Representatives.)
Looking at the seventh member(s,) doesn't that make you feel suspicious already? Two of my professors, both judges, said on several occasions in class that they had to approach their politicians who would sponsor their bids for judicial appointment. Very interesting.
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