SC extends modified Judicial Affidavit Rule for another year

 News
Jan 022014
 
SC extends modified Judicial Affidavit Rule for another year

Government prosecutors will be allowed to use past sworn statements instead of new “judicial affidavits” in criminal cases for another year. This was after the Supreme Court, in a two-page resolution, extended until 2014 the modified Judicial Affidavit Rule (JAR) for public prosecutors. “Acting on the recommendation of the Chairman of the Chief Justice Committee to address case congestion and delays, the court resolves to extend for another year, ending on 31 December 2014, the modified public prosecutors’ compliance with the provisions of the Judicial Affidavit Rule insofar as the prosecution of criminal cases is concerned,” the SC said. 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 approval of the JAR in 2012, the National Prosecution Office 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 eventually 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. Private lawyers, however, were not covered by the modified JAR and were still required to prepare judicial affidavits for their clients. In its latest resolution, the SC said it will later decide whether to extend Read More …

SC extends holiday recess to January 14

 News
Dec 272013
 
SC extends holiday recess to January 14

The Supreme Court has extended its Christmas recess until January 10 next year from the original date of January 3. In a statement released Friday, the Supreme Court Public Information Office said division sessions will resume on January 13, 2014 while en banc sessions shall resume on January 14. The high court went on a holiday recess on December 16. — Xianne Arcangel/RSJ, GMA News

Petilla threatens to cancel drill contract of Cinco-1

 Economy
Nov 212013
 
Petilla threatens to cancel drill contract of Cinco-1

MANILA, Philippines – Energy Secretary Carlos Jericho Petilla has threatened to cancel Service Contract (SC) 55 after its proponents failed to submit a concrete drilling plan for the Cinco-1 well in offshore Palawan. The SC 55 proponents include BHP Billiton, Otto Energy, Trans-Asia Oil and Development Corp. and Energy Development Corp. BHP Billiton, an Australia-based oil and mining firm, earlier withdrew its participation in the Cinco-1 oil and gas project. Cinco-1 is believed to have potential gas reserves, being located near the Malampaya natural gas field in Northwest Palawan, the biggest natural gas find in the Philippines. “If Otto Energy does not find a drilling partner then I’ll just have to cancel it.  Unless they ask for an extension because they are still interested to drill it then we will extend it. Otherwise, if there is no chance for them to drill it then might as well cancel the contract,” Petila said. The energy chief said the DOE had been informed that BHP Billiton might have been experiencing some financial difficulties, thus the decision to pull out of the SC 55 drilling project. Business ( Article MRec ), pagematch: 1, sectionmatch: 1 “Their budget was cut by 35 percent. Not only in the Philippines but even in India they decided to cancel their participation in another contract. I think Otto Energy might file legal actions because BHP Billiton has contractual obligations,” he said. Petilla, however, pointed out that should the remaining members of the consortium opt to continue with the Read More …

SC: DAP oral arguments moved to November 19

 News
Nov 072013
 
SC: DAP oral arguments moved to November 19

The Supreme Court (SC) on Friday moved to November 19 the oral arguments on the constitutionality of the controversial Disbursement Acceleration Program (DAP). “Urgent Advisory: oral argument in the consolidated #DAP cases is reset from (November) 11 to (November) 19 at 2 PM,” the SC Public Information Office tweeted. The SC initially scheduled the oral arguments on October 22, had it reset to November 19 and moved the same to November 11. As of Thursday, the high court has received nine petitions questioning the DAP’s constitutionality especially as it was realigned without the Congress’ approval. The DAP received flack after Senator Jinggoy Estrada bared that he and other senators who voted to convict former Chief Justice Renato Corona in May last year received P50 million each in additional funds months after the impeachment trial. Budget Secretary Florencio Abad later admitted that the funds came from the DAP, but maintained these were not bribes or incentives for senators. He said the DAP fund, which is basically realigned savings, was released to address sluggish government spending in 2011. Estrada, along with Senate Minority Leader Juan Ponce Enrile and Senator Ramon Bong Revilla Jr., is facing a plunder complaint over the alleged P10-billion pork barrel scam supposedly masterminded by trader Janet Lim-Napoles. All three seantors have denied being involved in the alleged anomaly. In a televised address last week, President Benigno Aquino III criticized “thieves” who equated the DAP with the pork barrel scam, adding that his critics were diverting the public’s attention and smearing his Read More …

SolGen asks SC to junk DAP cases for lack of merit

 News
Nov 072013
 
SolGen asks SC to junk DAP cases for lack of merit

The Office of the Solicitor General (OSG), representing the Aquino administration, on Thursday asked the Supreme Court to junk all cases filed against the controversial Disbursement Acceleration Program (DAP) for lack of merit.   In a 41-page comment, the OSG asked the high court to dismiss all petitions against DAP for “lack of merit” and deny the application for a temporary restraining order and/or writ of preliminary injunction. “The burden is on the petitioners to establish their case and prove grave abuse of discretion on the part of the respondents [but] the petitions, mostly anchored on newspaper clippings and media reports, are miserably lacking on the allegations of facts that would support a claim of grave abuse of discretion,” it said. “It is incomprehensible, therefore, given the insufficiency and uncertainty of facts, how petitioners can allege grave abuse of discretion,” it added. Last week, parties in at least eight petitions challenging DAP’s legality agreed to answer six main questions during oral arguments before the SC on Nov. 11. Among these questions are on the nature of the DAP, whether it is a fund or a program, and the legal basis for its creation. In its comment, the OSG said DAP is “neither a fund nor an appropriation but a program or an administrative system of prioritizing spending.” “As is obvious from its name, it is a program for accelerating disbursements. What is only unstated in the title of the program—DAP—is that the sources of funds are from, first, the legitimately-generated savings Read More …

DOE nixes SC 6 farm-in proposal

 Economy
Aug 302013
 
DOE nixes SC 6 farm-in proposal

MANILA, Philippines – The Department of Energy (DOE) has thumbed down the proposed farm-in agreement for Service Contract 6 in Northwest Palawan primarily due to its proponents failure to meet the required financial capability, Trans-Asia Oil and Energy Development Corp. disclosed to the Philippine Stock Exchange (PSE) yesterday. The farm-in agreement proposes to transfer the 70 percent interest and right to operate SC 6 to three companies, namely Peak Oil and Gas Ltd., Blade Petroleum and VenturOil Philippines Inc. Trans-Asia Petroleum, a wholly-owned subsidiary of Trans-Asia Oil and Energy Development Corp., has a 14.063 percent participating interest in SC 6 Block B. Other consortium members are Philodrill, Nido Petroleum Ltd., Oriental Petroleum & Minerals Corp., Forum Energy Philippines Corp. and Alcorn Petroleum & Minerals Corp. In December 2011, Philodrill executed a deed of assignment, transferring the 70 percent participating interest in SC 6B – located northwest of Palawan – to the three companies. However, the energy department said that after a thorough review of the documents, the documents were deemed not enough to completely evaluate the application. “Further, Philodrill failed to comply and submit additional updated documents as requested in our letter… Since then and up to now, all the farminees have been unable to comply with the DOE’s directive to submit additional documents which are supposed to aid the DOE in properly determining whether the farminees and applicant for operatorship are qualified to perform the work obligations in SC 6B,” the energy department said in an earlier letter to Read More …

SC to 2013 Bar examinees: No incorrect English, please

 News
Aug 092013
 
SC to 2013 Bar examinees: No incorrect English, please

It almost goes without saying, but the highest court in the land still included it among its tips and guidelines to those who would take the 2013 Bar examinations this October. No carabao English, please. “In many instances, incorrect English is more serious as a problem than the lack of precise knowledge of law, and has been the cause of high failure rates,” the Supreme Court noted as it urged the examinees to polish their English as much as their knowledge of laws. The proper use of English is just one of the guidelines and tips given by the high court to hopeful law graduates who would be taking the mostly-essay type Bar exams at the University of Santo Tomas. In its “Guide and Rules of Conduct to the 2013 Bar Examinations,” the Supreme Court provided Bar examinees pointers on how best to approach the examination, believed to be the most difficult among licensure examinations. “This Guide contains as well the rules that every Bar examinee should observe in his/her conduct during for the examinations for its orderly implementation, taking into account, not only the interests of the Bar examinees, but of the University hosting the examinations, the Bar personnel conducting the examinations, and the public at large,” the SC said. The SC said that since the Bar exam is 80 percent essay type and only 20 percent multiple-choice-question type, “time planning and pacing are essential.” “As a rule, five to six words per line significantly contribute to readability” of Read More …

SC allows Sharia consultant for JBC

 News
Aug 092013
 
SC allows Sharia consultant for JBC

The Supreme Court has agreed to the appointment of a Sharia consultant for the Judicial and Bar Council (JBC), the body tasked to screen and vet nominees for vacant judicial posts. In a one-page resolution, the high court sitting en banc approved a letter made by one of its members, Associate Justice Marvic Leonen, requesting that a jurisconsult in Islamic Law be tapped for the JBC. “The Court Resolved to Approve in principle the appointment of a Shari’a consultant for the JBC and a Jurisconsult in Islamic Law,” the SC said in its resolution. Court Administrator Midas Marquez was tasked to recommend within 30 days an Islamic law expert who could take on the role as Sharia consultant. Currently, the JBC has two consultants: SC Senior Associate Justices Antonio Carpio and Presbitero Velasco Jr. So far, there are only two high ranking Muslim magistrates in the Philippine judiciary, namely Court of Appeals Justices Japar Dimaampao and Hakim Abdulwahid. In his four-page letter addressed to the en banc, Leonen emphasized the importance of putting a Sharia consult for the JBC. “I have been informed that despite the presence of so many qualified experts on Shari’a Law, the court still does not have a Shari’a consultant for the JBC nor a jurisconsult. May I respectfully suggest that the Secretariat of the JBC and the Office of the Court Administrator (OCA) be tasked immediately to look into this matter,” Leonen said. Leonen said that under Article VIII of Republic Act 9054 or “An Read More …

SolGen defends RH Law before SC: justice calls law 'Christian and Islamic'

 News
Aug 062013
 
SolGen defends RH Law before SC: justice calls law 'Christian and Islamic'

The government, through Solicitor General Francis Jardeleza, on Tuesday defended the Responsible Parenthood and Reproductive Health Law or RH Law before the Supreme Court, with some justices grilling him while others seeming to give him support. Jardeleza defended the constitutionality of the controversial law during the third day of oral arguments before the 15 magistrates of the high court. “What the law seeks is to subsidize for the benefit of poor women, marginalized and vulnerable, contraceptives that have been legally available for the past 50 years to their more affluent counterparts,” said Jardeleza. Associate Justice Roberto Abad criticized Jardeleza and Congress – which passed the health bill – for consulting the World Health Organization during deliberations when the health measure was still in the legislation process. Casting doubts on the partiality of WHO, Abad said the international organization “is heavily funded by USAid and supported contraception. They want to export to us their contraception culture.” “If you want an impartial opinion on which is the best [method], would you go to Kris Aquino,” Abad asked Jardeleza. The solicitor general answered in the negative, and said experts should be consulted instead. “Yes, that’s the proper thing to do… and not [merely consult with] those whose advocacy is birth control,” Abad said. Jardeleza however noted that Congress also sought opinions from 24 experts from the United Health Care Study Group, which he described as “patriots who we should be proud of.” He added these experts were not “funded employees” of the WHO. Read More …

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