News

2017 Constitution valid, SJC rules

By and
Published September 24, 2017 at 12:34 pm

DISCLAIMER: These events reported are a work of fiction, and are a part of the ongoing Mock Trial: Javellana Case hosted by the Loyola Schools Office of the Ombudsman and The GUIDON.

The Student Judicial Court (SJC) ruled in favor of the Office of the President in a trial held on Friday, September 23, deeming the Plebiscite and the ratification of the 2017 Constitution valid and within bounds of the law.

The ruling was made on the basis of insufficient evidence presented by the prosecution to the Court.

The trial came in place after Antonio Lagura, Chan Bin Tanhueco, and Michael Pacunana filed a petition for the injunction of the Office of the Sanggunian President, Sanggunian Central Board, and Ateneo Commission on Elections (COMELEC) with regards to Presidential Memorandum No. 1081 and Proclamation No. 79.

Prosecution against the Office of the Sanggunian President stated that the ratification process was unconstitutional and that no proper voting took place. The transitory provisions, as the prosecutors said, were only an excuse to enforce Martial Law.

“President Makinon should’ve waited for the ConCon to be finished instead of arbitrarily imposing himself over the Constitution,” one of the prosecutors said.

The chief counsels seemed to remain on the defense’s side.

Magistrate Mik Ko Teh, however, walked out in the middle of trial and has expressed dissent with regards to the turnout of the debates.

“Through this decision we forsake our integrity as an autonomous institution of justice. These events represent a dark day in our university’s history when the trust and freedom of the student body have been violated,” Teh wrote.

The prosecution plans to file a motion for reconsideration. The prosecution also aims to present witnesses of the Plebiscite to provide sufficient evidence before the Court.

“They still have apprehensions on appearing…but hopefully by the next trial, we will actually find people who are willing to stand and willing to state the truth…of these matters,” Pacunana said.

Despite the decision, members of the prosecution remain hopeful.

“Definitely, I think that the next trial will be much more substantial on the part of the prosecution,” Lagura said. “Today, the people have seen that the government will stop at nothing and has infiltrated all branches of government, and so we will do our best to stop this from spreading any further.”

The trial against the Office of the Sanggunian President will resume on Wednesday, September 27.


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