SC upholds verdict vs. Bar watcher who brought camera during exams

 News
Apr 182014
 
SC upholds verdict vs. Bar watcher who brought camera during exams

For bringing a digital camera to the 2011 Bar examinations and taking pictures of the questionnaires, a Court of Appeals employee has been permanently disqualified from supervising the exams. In a six-page decision, the Supreme Court upheld an Office of the Bar Confidante (OBC) report finding Melchor Tiongson guilty of simple misconduct, as well as of violating the “Instructions to Head Watchers” when he brought his camera inside the Bar exam room at the University of Santo Tomas in Manila in November 2011. Tiongson brought his digital camera inside Room 314 of St. Martin De Porres Building in UST during the second Sunday of the Bar exams. According to Tiongson’s three fellow watchers, while they were counting the pages of the questionnaires after the morning examination, Tiongson took pictures of the Civil Law questionnaire using his digital camera. “Tiongson allegedly repeated the same act and took pictures of the Mercantile Law questionnaire after the afternoon examination,” said the high court in recounting the facts of the administrative case. During investigation of the OBC, Tiongson admitted bringing in his digital camera. He said he refused to surrender his camera to the badge counter personnel for fear that it will not be handled and kept properly. Following the incident, Tiongson was no longer allowed to serve as head watcher during the remaining Sundays of the examination that year. The OBC also indefinitely suspended him from becoming a head watcher for gross misconduct and dishonesty. In its own ruling, the SC affirmed the Read More …

SC junks Syjuco plea vs. President authority over Deputy Ombudsman

 News
Apr 162014
 
SC junks Syjuco plea vs. President authority over Deputy Ombudsman

The Supreme Court has dismissed a petition filed by former Iloilo Rep. Augusto Syjuco Jr. seeking to strip off the President with authority to discipline the Deputy Ombudsman and the Special Prosecutor. In a five-page notice of resolution, the SC said Syjuco failed to prove that he would suffer great injustice and injury with the supposed “interference” of the executive department with the Office of the Ombudsman. “His allegation… is unsubstantiated and is without any leg to stand on,” the high court said. “We rule that petitioner failed to demonstrate adequate interest in the outcome of the controversy as to vest him with the requisite locus standi.” In his petition, Syjuco argued that he has “locus standi” or legal standing on the matter because he stands to be affected by the “continued interference” of the Office of the President with the Office of the Ombudsman, before which he has pending cases. The SC had already struck down as unconstitutional Section 8 (2) of Republic Act 6770 or the Ombudsman Act of  1989, which gave the President the authority to discipline both the Deputy Ombudsman and the Special Prosecutor. The high court ultimately ruled that the President can only discipline only the special prosecutor, and not the deputy ombudsman. According to the court, locus standi has been defined as a personal and substantial interest in a case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. The high Read More …

SC: Half day for court employees on Wednesday

 News
Apr 142014
 
SC: Half day for court employees on Wednesday

Court employees will be sent home early on Wednesday in observance of the Holy Week. This was according to a work schedule advisory for the judiciary issued by the Supreme Court on Tuesday. “Work in all courts will only be up to 12 noon,” SC spokesman and Public Information Office chief Theodore Te told reporters. Maundy Thursday and Good Friday are both regular holidays, while Black Saturday is a special non-working day. — Mark Merueñas/RSJ, GMA News

RH law advocates: We’re the bigger winner

 Entertainment
Apr 112014
 
RH law advocates: We’re the bigger winner

President Benigno S. Aquino III greets His Eminence Luis Antonio Cardinal Tagle, DD (and who is probably telling the president that “you won this time” after the Supreme Court upheld the Reproductive Health Law, following the Thanksgiving Mass for the Reopening of the Cathedral Basilica of the Immaculate Conception (Manila Cathedral) in Cabildo corner Beaterio, Intramuros, Manila City on Wednesday night (April 09, 2014) (MNS photo) MANILA (Mabuhay) -– Both the advocates and opponents of the Reproductive Health Law are claiming victory following the decision of the Supreme Court (SC), but the measure’s supporters believe they are the bigger winner. Former Health Secretary Esperanza Cabral, one of the staunchest advocates of the divisive measure, said RH Law advocates have the bigger reason to celebrate after the SC declared the measure ”not unconstitutional” except for eight of its provisions. ”Kumbaga nanalo man pareho, makikita natin kung sino ang mas nanalo ng malaki, sa laki ng ngiti at tawa ng mga pro-RH at anti-RH groups,” Cabral said. The high court on Tuesday announced that the law is not unconstitutional except for provisions that ”require ‘private health facilities and non-maternity specialty hospitals and hospitals owned and operated by a religious group to refer patients, not in an emergency or life-threatening case…to another health facility which is conveniently accessible”; and allow minors who have suffered miscarriage to have access to family planning without parental consent. The SC also struck down provisions punishing a health care provider who refuses/fails to disseminate information on reproductive health Read More …

SC upholds sanction vs GMA-7

 Entertainment
Mar 272014
 
SC upholds sanction vs GMA-7

GMA KF EVP and COO Mel C. Tiangco (third from left) led the groundbreaking ceremonies together with NHA represented by its Regional Project Manager Engr. Rizalde. Joining them were staff and officers of the local government units in Tacloban led by Mayor Alfred S. Romualdez (leftmost) as well as the beneficiaries of the project.　　　 MANILA (Mabuhay) — The Supreme Court (SC) has upheld the orders of the National Telecommunications Commission (NTC) sanctioning GMA Network, Inc. (GMA) for operating a radio station with an expired provisional authority (PA). In a decision, the SC 2nd Division denied for lack of merit the petition for review on certiorari against the decision dated Oct. 12, 2010 and a resolution dated March 9, 2011 of the Court of Appeals (CA) which upheld the orders dated May 25, 2009 and Jan. 8, 2010 of the NTC. In an order dated May 25, 2009, the NTC renewed GMA’s PA for three years, or until July 14, 2012, however, pursuant to Section 21 of the Public Service Act, imposed upon it a fine for operating its radio station with an expired PA from July 14, 1998 to Sept. 13, 2002, or for 1,521 days. The NTC was affirmed by the CA. This prompted GMA to elevate the case to the SC. In its decision, the SC found GMA’s reliance on the 60-day prescriptive period under Section 28 of the Public Service Act to be misplaced considering that the fine it assails was imposed in an administrative and not Read More …

Palace exec: SolGen Jardeleza ‘very’ qualified for SC justice post 

 News
Mar 212014
 
Palace exec: SolGen Jardeleza ‘very’ qualified for SC justice post 

While saying the decision is up to the Judicial and Bar Council, a Malacañang official on Friday said Solicitor General Francis Jardeleza is “very qualified” for the soon-to-be vacated post of Supreme Court Associate Justice Roberto Abad. “He’s very qualified. His years in practice as a private practitioner and also now as Solicitor General, and previously as Deputy Ombudsman… his record speaks for itself,” presidential spokesperson Edwin Lacierda said at a press conference in Malacañang. Jardeleza is among the 14 candidates vying for the post of Abad, who will retire in May. Lacierda said he can vouch for Jardeleza since they have “worked more directly” with him as the lawyer of the executive branch. Earlier, however, the Palace official said Commission on Audit chairperson Grace Pulido Tan is also competent enough to vie for the post. “With respect to Chairman Grace Tan, again, her record also speaks for itself,” he said on Friday. But Lacierda quickly noted that they will just wait for the decision of the JBC. “Labas kami diyan sa pagpili kasi nasa JBC pa… they will still whittle down the list to a certain number,” he said. “The President normally keeps a distance until such time that the final list is submitted to him… he takes time to sit down with the nominees and interview them and assess and guage those in the list,” he added. The JBC is the body constitutionally mandated to create a shortlist of nominees for vacant posts in the judiciary, the Office Read More …

Senators push for bills to counteract SC ruling on online libel

 News
Feb 202014
 
Senators push for bills to counteract SC ruling on online libel

Senators on Thursday pushed for bills meant to counteract the recent Supreme Court decision upholding the online libel provision in the anti-cybercrime law. Senators Alan Peter Cayetano and Teofisto Guingona III separately called for immediate action on measures they filed seeking to decriminalize libel. Cayetano, author of Senate Bill 245, said the SC ruling on online libel will just further clog the country’s courts. “Kung magkakasuhan tayong lahat, mapupuno ang mga korte. Walang mangyayari kung hindi ang mga piskalya, walang ibang gagawin kung hindi mag-prosecute ng Internet and social media libel cases,” Cayetano said in a statement. Guingona, who filed Senate Bill 2128, meanwhile said the Philippines, as a democratic country, should promote freedom of expression and not dangle the “threat of jail” to those who want to speak out through any medium. “We must not forget how hard we fought for the democracy that we now enjoy, and that includes our freedom to speak against erring public officials. It is counter intuitive therefore for us to have come this far and yet have the cloud of possible imprisonment impinge on the liberties that the very democracy we have fought for seeks to protect,” Guingona said in a separate statement. On Tuesday, the high court declared the online libel provision in the cybercrime prevention law as constitutional, “with respect to the original author of the post.” The court, however, struck down the provision that empowers the Department of Justice (DOJ) to restrict or block access to data violating the law. Read More …

Nido Petroleum bullish on Phl Indonesia prospects

 Economy
Feb 032014
 
Nido Petroleum bullish on Phl Indonesia prospects

MANILA, Philippines –  Nido Petroleum an Australia-listed oil and gas company, is banking on favorable prospects for its projects  this year,  including an exploration venture in the Philippines. In its 2014 outlook published yesterday, Nido managing director Phil Byrne said the company is looking forward to positive results for its projects in Indonesia and the Philippines. “We are very excited about 2014. We have underlying production from the Galoc field produce of about over $50-million net free cash flow which will underpin our work program through 2014,” he said. He said the focus is four well drillings, which will form Nido’s cornerstone of activities for 2014.  “We got three wells in Indonesia and one well in Philippines,” he said, referring to Service Contract 63 in Northwest Palawan. He said Nido hopes to start the drilling program for the four wells within this month. Business ( Article MRec ), pagematch: 1, sectionmatch: 1 For SC 63, Nido has signed a farm-in agreement with Dragon Oil, a United Arab Emirates (UAE)-based company. Under the agreement signed last month, Dragon Oil will acquire a 40-percent participating interest in SC 63 from Nido’s current 50-percent participating interest in the service contract. To earn its 40-percent interest from Nido, Dragon Oil will pay on behalf of Nido, 56 percent of the cost of the Baragatan-1 exploration well based on a $25- million cost cap. For the second stage of the farm-out agreement, Nido will seek to secure an additional 10-percent participating interest in SC 63 Read More …

Lawyer: Jinggoy trying hard to outsmart SC

 Entertainment
Jan 162014
 
Lawyer: Jinggoy trying hard to outsmart SC

Senator Jinggoy Estrada (MNS Photo) MANILA (Mabuhay) – Senator Jinggoy Estrada is circumventing the decision of the Supreme Court by skillfully realigning his P200 million priority development assistance fund (PDAF) to the budgets of Manila, Caloocan, and a town in Cagayan province. In a statement, lawyer Romulo Macalintal said the high court was very precise in its decision declaring the pork barrel unconstitutional. There, the high court said the move was to “rectify an error which has persisted in the chronicles of our history” such as interventions from legislators. “To sanction such ‘re-insertion’ of their PDAF in the budget and allow them to realign or re-assign the funds to whatever or whomsoever they desire, is to circumvent the ruling of the SC that the legislators should not be accorded ‘post-enactment authority’ in the areas of ‘project identification, fund release, or fund realignment,’” Macalintal said. He explained Estrada’s action is a “post enactment” – one that is not related to his congressional oversight function. “Estrada’s act of realigning his ‘re-inserted PDAF’ is tantamount to ‘playing a role’ in the implementation of the budget which, as the SC decision declares, is violative of the principle of separation of powers and therefore unconstitutional,” he said. He said the SC was clear in saying that lawmakers can’t “substitute their judgments in utilizing public funds for local development.” He said allowing legislators to circumvent the SC is “to revert to the evil sought to be prevented by the SC decision, that of ultimately or once Read More …

Public fiscals laud SC for extending modified Judicial Affidavit Rule

 News
Jan 032014
 
Public fiscals laud SC for extending modified Judicial Affidavit Rule

A group of government prosecutors on Friday lauded the Supreme Court for dispaying “sensitivity” when it extended for another year the modified version of the Judicial Affidavit Rule (JAR). Prosecutor General Claro Arellano, head of the National Prosecution Service (NPS), told GMA News Online that he and other public prosecutors welcomed the recent resolution that extended the modified JAR until December 31 this year. “In behalf of the prosecutors, I welcome the SC’s resolution as a manifestation of the Court’s sensitivity to the concerns of the stakeholders of the justice system of which the prosecution is a vital component,” said Arellano. Under the JAR, parties are required to prepare judicial affidavits in place of the traditional and usually lengthy direct testimony in order to expedite the presentation of evidence. Judicial affidavits are sworn statements containing the witness’ testimony in question-and-answer form. Following the rule’s approval in 2012, the NPS complained that its prosecutors might not yet be ready to comply with the JAR as it would mean additional work for them on top of their already heavy workload. In response, the high court issued a modified JAR, in which public prosecutors are allowed to use sworn statements that had been used during preliminary investigation or inquest in place of new judicial affidavits. The modified version was only supposed to have been in effect until last December 31, 2013, until the high court extended it for the entire 2014. The NPS is under the Department of Justice. Asked if he thinks Read More …

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