Non-lawyer shows how bad a lawyer and lawmaker Sen. Kiko Pangilinan is in FB post

Like former SolGen Hilbay and Karen Davila, Sen. Kiko Pangilinan believes that Sereno can keep her job as CJ if one of the SC justices had a change of heart when a motion for reconsideration is filed.

On twitter, Sen. Pangilinan writes:

Kung ang isa sa mga bumoto pabor sa quo warranto petition laban kay CJ Sereno ay magbago ng isip sa MR at bumoto kasama ang 6 na kumontra sa nasabing quo warranto petition, magiging 7 – 7 ang boto. Kapag tied ang resulta sa MR, dismissed ang nasabing petisyon laban kay Sereno.

Pangilinan’s tweet elicited 180 likes, 26 hearts and 30 something retweets.

But wait, if you think about it, Pangilinan is a senator with huge supporter base but the numbers clearly shows how unpopular his opinion even among his supporters.

And like Hilbay and Davila, Pangilinan has been subjected to ridicule on social media for holding such opinion, very uncharacteristic of a lawyer and lawmaker at that.

Political scientist and La Salle professor Antonio Contreras, one of the harshest critics of LP politicians, remarked that he could forgive Karen Davila for holding such opinion being a non-lawyer but in Pangilinan’s case who is a lawyer, Contreras said that’s a different story. Link here.

“Si Karen Davila mapapatawad ko dahil hindi naman abugada. Natawag pa ngang Dutch ang asawa ng isang Duchess.

Pero itong si Kiko Pangilinan, bukod sa Senador na ay abugado pa!

Gaya nang walang kapatawarang pinakita ni Hilbay, na isa ring abugado, at dati pang Solicitor General.”

But Contreras was not done.

Contreras made another post on Facebook, but this time he gave Pangilinan a free lecture on how the Supreme Court justices will vote in case Sereno’s sympathizers file an MR, praying for a different result. Isn’t this embarrassing on Pangilinan’s part to get lectured by a non-lawyer on legal procedure? Link here.

“Every motion can only win on a simple majority, unless a 2/3 or 3/4 majority is specified. A tie needs to be broken, and if it stays, the motion is defeated.

A petition takes the character of a motion. This is why the petition for quo warranto filed by Solicitor General Jose Calida against Sereno was granted because it garnered a majority of 8 vs. 6. Had it been a tie at 7-7, the petition would have been dismissed.

Now, a motion for reconsideration or MR, in order to prevail, should get the support of a majority. Hence, for Sereno’s MR to prevail, which will have the effect of dismissing the petition for Quo Warranto against her and setting aside the Tijam ponencia, at least 2 of the 8 Justices who voted for it, and not just 1 like what Davila, Hilbay and Pangilinan wrongly claim, should change their votes to change the 8-6 against Sereno to 8-6 in favor of her. Othewise, if only 1 Justice reverses, then the MR will be dismissed because it will be only a tie at 7-7, and the Tijam ponencia voted by 8 justices will be upheld.

Siguro naman, malinaw na ito ha.

Your thoughts?

Source: Antonio Contreras

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