Two justices embroiled in controversies face JBC for top Sandiganbayan post

 News
Jun 202013
 
Two justices embroiled in controversies face JBC for top Sandiganbayan post

Two Sandiganbayan justices who have been embroiled in controversies—one for a widely publicized case and the other in a citizenship row—on Friday faced the Judicial and Bar Council (JBC) for their bid to become the next highest official of the anti-graft court. During her interview, Sandiganbayan Justice Teresita Diaz-Baldos of the Second Division stood by her controversial decision to approve the plea bargain agreement of retired Maj. Gen. Carlos Garcia, saying it was better than having him acquitted. Garcia was accused of pocketing P303 million while still in the Armed Forces of the Philippines. On March 16, 2010, the Sandiganbayan approved the Ombudsman’s request for Garcia to enter into a plea bargaining agreement that would allow Garcia to plead guilty to two lesser offenses, return around half of what he allegedly stole from government coffers, and post bail. In her JBC interview, Baldos said she thinks the government should be more careful in releasing to the public copies of statements of assets, liabilities, and net worth, saying these can be used to harrass public officials. “There should be guidance in maintaining the confidentiality of these public documents,” Baldos stressed. Citizenship controversy Next to be interviewed was Sandiganbayan Presiding Justice Gregory Ong, who earlier became the subject of a citizenship controversy, with Special Prosecutor Dennis Villa-Ignacio questioning Ong’s Filipino citizenship before the Supreme Court due to his Chinese roots. Ong was originally appointed by former President Gloria Macapagal-Arroyo as an associate justice of the Supreme Court, but his appointment was rejected by Read More …

Chamber of Mines files SC motion to nullify Hontiveros petition

 Economy
Jun 202013
 
Chamber of Mines files SC motion to nullify Hontiveros petition

MANILA, Philippines – The Chamber of Mines of the Philippines (COMP) filed yesterday a motion before the Supreme Court seeking to nullify the petitions filed by former Akbayan partylist Risa Hontiveros and others challenging the constitutionality of revenue-sharing provisions in the Mining Act of 1995. In a statement, the group said it is represented by former Chief Justice Reynato Puno and former Supreme Court Associate Justice Vicente Mendoza. In the petition, which was filed at 3 p.m. last Wednesday, COMP is arguing that the Supreme Court has already decided on the constitutionality of the Mining Act in the landmark La Bugal-B’laan vs. Ramos case in 2004, a decision penned by former Chief Justice Artemio Panganiban. “COMP is joining its member respondents in asking that the petitions filed by former Akbayan Rep. Risa Hontiveros and others in March 2008 against Sections 80 and 81 of Republic Act 7942, or the Mining Act, be dismissed,” COMP said. COMP argued that since the La Bugal ruling – the longest in Supreme Court history which took six years for the high tribunal to deliberate on – there has been no material change in the circumstances of the Philippine mining industry. “There is no compelling reason for the high tribunal to abandon its previous ruling,” COMP said in its motion. Business ( Article MRec ), pagematch: 1, sectionmatch: 1 In their petition, Hontiveros, along with Bayan Muna Rep. Teodoro Casino and others argued that the revenue sharing provision is disadvantageous to the government. Sec. 80 Read More …

Buhay party-list gets 3rd seat, Magdalo its 2nd

 News
Jun 202013
 
Buhay party-list gets 3rd seat, Magdalo its 2nd

The Commission on Elections (Comelec) has given back to Buhay and Magdalo party-list groups the seats that were initially taken from them as a result of a Supreme Court order regarding the cases of two disqualified party-list groups.   Buhay was initially guaranteed three seats at the House of Representatives after garnering more than two percent of total votes in the May 13 elections. Magdalo, on the other hand, has two seats. The Comelec, however, took one seat each from the two groups after the Supreme Court ordered the poll body to reserve two seats for Senior Citizens and one seat for Abang Lingkod party-lists, which have pending appeals before the high court. For its third nominee, Buhay will have William Irwin Tieng, whose family owns Solar Entertainment Group, while for Magdalo it would be Francisco Ashley Acedillo, a former Cebu City representative who was involved in the November 2007 Manila Peninsula siege. The other nominees who were not in danger of losing their seats are Mariano Michael Velarde, son of El Shaddai founder Mike Velarde, and former Environment secretary Lito Atienza for Buhay; and Gary Alejano, who was also involved in the Manila Pen siege, for Magdalo. The party-list system is a proportional mode of representation in Congress, which means the number of seats is based on the number of votes per party-list. Party-lists that got two percent of total votes cast are guaranteed a seat. Those that got more than two percent may get additional seats, based on Read More …

A year later, Congress still undecided on who should be sent to JBC

 News
Jun 202013
 
A year later, Congress still undecided on who should be sent to JBC

Congress has yet to decide on who between Sen. Francis Escudero and Iloilo Rep. Niel Tupas Jr. would represent the legislative branch in the Judicial and Bar Council. The impasse remains almost one year after the Supreme Court has ruled with finality that only one representative, and not two as traditionally observed, should represent Congress in the JBC. Neither Tupaz nor Escudero showed up during Thursday’s JBC interviews of candidates for the vacant presiding justice post at the Sandiganbayan. “They have not resolved with definitiveness as to who will represent. Kasi in accordance with the SC decision which has become final and executory, there will only be one who should represent Congress,” said lawyer Jose Mejia, JBC regular member for the academe. Mejia, however, added that he received information that Tupas and Escudero are already “working it out… to resolve the matter sooner or later.” Asked if the JBC could intervene in deciding who should represent Congress, Mejia said: “It would have to be between them. They should decide themselves.” Mejia said that as a result of the SC ruling, the required majority votes for a candidate to qualify on a JBC shortlist went down from five to four. Mejia said even without a Congress representative, the JBC can still proceed with voting, so long as there is a quorum and the members can muster a majority of four votes. The Supreme Court in July 17 last year sided with a petition by former Solicitor General Francisco Chavez, who questioned Read More …

SC grants SALN request of GMA News, Solar

 News
Jun 182013
 
SC grants SALN request of GMA News, Solar

The Supreme Court has approved the request of GMA News and Solar News to obtain copies of the Statement of Assets, Liabilities and Net Worth (SALN) of the high court’s justices. At a press briefing in Manila, Public Information Office chief Theodore Te said the request of GMA News reporter Lia Manalac and Solar News reporter Anjo Alimario were granted by the high court sitting in full court. “After having complied… the clerk of court recommended the approval of the request subject to condition [payment of fees],” Te said. Meanwhile, TV5 reporter Marlene Alcaide’s request was “deferred” pending the submission of additional requirements. Alcaide was requested to “state as clearly as possible the purpose of her request, the interest ought to be served.” Te said “if public concern is cited, she need to justify how the request can serve public interest.” — Mark Merueñas/KBK, GMA News

Youth groups seek SC help vs. tuition hikes

 News
May 292013
 
Youth groups seek SC help vs. tuition hikes

A party-list group advocating students’ rights and several youth and student organizations on Wednesday asked the Supreme Court to stop 354 higher educational institutions (HEIs) from hiking their tuition and other fees this coming school year. The approval from the Commission on Higher Education (CHED) that paved the way for the hike should likewise be reversed, the petitioners, led by Kabataan party-list, said in a 46-page petition for certiorari, mandamus, and prohibition. “The Commission on Higher Education violated the petitioners’ constitutional right to accessible and quality education for failing to perform its constitutional duties to take appropriate steps to make education accessible to all and to exercise reasonable supervision and regulation of all educational institutions,” the petition read. The petitioners asked the SC to issue a writ of preliminary injunction and a temporary restraining order/status quo ante order to prevent the schools from implementing the tuition and other fees hike. The group accused CHED of failing to exercise “reasonable regulation and supervision” when it approved the increase without “implementing the statutory procedure for tuition consultation” as prrovided under Section 10 of Republic Act 6728 or the Government Assistance To Students and Teachers In Private Education Act. Section 10 states that “[i]n any proposed increase in the rate of tuition fee, there shall be appropriate consultations conducted by the school administration with the duly organized parents and teachers associations and faculty associations with respect to secondary schools, and with students governments or councils, alumni and faculty associations with respect to colleges… Read More …

SC OKs Aquino appointment of MMDA exec, says ex-official can't have his post back

 News
May 012013
 
SC OKs Aquino appointment of MMDA exec, says ex-official can't have his post back

(Updated 8:43 p.m.) A former general manager at the Metro Manila Development Authority (MMDA) cannot return to his post because his tenure ended when President Gloria Macapagal-Arroyo left office in 2010, according to the Supreme Court. In a 14-page decision penned by Chief Justice Maria Lourdes Sereno, the high court sitting en banc denied a request from former MMDA Assistant General Manager for Operations (AGMO) Emmanuel de Castro to oust Emerson Carlos, who replaced him in the post. Arroyo appointed De Castro to the position on July 29, 2009. More than a year later, on November 2, 2010, MMDA chairman Francis Tolentino issued Memorandum Order No. 24 installing Carlos as officer-in-charge AGMO. Tolentino used as basis for the appointment President Benigno Aquino III’s Memorandum Circular No. 2, which gave non-Career Executive Service Officials (CESO) occupying Career Executive Service (CES) positions only until October 31, 2010 to vacate their posts. De Castro sought clarification from the Career Executive Service Board (CESB), which at the time said the position of AGMO had not yet been classified and could not be considered as belonging to the CES. The CESB said that De Castro, therefore, was not covered by OP Memorandum Circular No. 2. De Castro demanded that he be continuously paid his salary and receive financial benefits as AGMO of the MMDA. On January 4, 2011, however, President Aquino formally appointed Carlos as the new AGMO of the MMDA. Carlos took his oath of office on January 10, 2011. This prompted De Castro Read More …

Resigning or not? Brillantes to decide Monday

 News
Apr 182013
 
Resigning or not? Brillantes to decide Monday

To leave or not to leave, Elections chairman Sixto Brillantes Jr. will make his decision by Monday. On Thursday, Brillantes, who was extremely disappointed with the recent decisions of the Supreme Court against the Comelec, said he will talk first with his daughters, especially his eldest who is in Connecticut. “I’ll take a break Saturday, Sunday. Konting  meditation, konting pag-iisip tapos I will make a final decision by Monday. I will be talking to some people. I have to talk to my daughters, who are the people behind me. Sila lang naman ang pinaniniwalaan ko,” he told reporters. He said his daughters have been against his taking the post from the start. Brillantes has three daughters. “Matagal na nilang ayaw ako nandito e. Pinagagalitan na nga nila ako noon pa. Seryoso, sabi ko nag-iisip ako na ayoko na. ‘Di ba sinabi ko naman noon pa,’ sabi nung bunso ko, ‘hindi ka naman dapat pumunta na dyan matanda ka na e’,” said Brillantes, 73. It was only his daughter who is abroad whom he has yet to speak with. Asked if he would still pursue his meeting with the President, Brillantes said the schedule given to him was next week. He said he can dispense with the meeting with Aquino since all he wanted to ask from him was the appointment of the two new commissioners. But if the President will ask for him, he will come. Brillantes served as President Aquino’s election lawyer in 2010. He was appointed Comelec chief Read More …

Retired SC justice who leaked draft ruling can practice law anew

 News
Apr 182013
 
Retired SC justice who leaked draft ruling can practice law anew

Despite being suspended in 2009 for leaking a draft court ruling, 74-year-old retired Supreme Court Justice Ruben Reyes can once more practice law. In an en banc session in Baguio City last Tuesday, the 15 magistrates decided to give back to Reyes his license in the Bar and allowed him to engage anew in private law practice. “SC lifts suspension on law practice previously imposed on retired SC Justice Ruben Reyes for, among others, humanitarian reasons,” said SC spokesman and Public Information Office chief Theodore Te on Thursday. However, Te clarified that the disqualification for government employment and teaching “still remains.” The court said Reyes still cannot give government lectures on Mandatory Continuing Legal Education (MCLE) and the Philippine Judicial Academy (Philja). Still being barred from government service, the court clarified that Reyes can only practice law in private corporations. In August 2009, Reyes was found guilty of leaking a draft SC resolution which he penned in the disqualification case against Negros Oriental Rep. Jocelyn Limkaichong filed by businessman Louis Biraogo, Olivia Paras, and Renald Villando. The election protest – questioning Limkaichong’s citizenship – was entertained but was allegedly supposed to have been dismissed by the Supreme Court en banc after 14 justices, minus then-SC chief Reynato Puno, signed a draft decision for it. The draft ruling, however, was leaked while it was not yet being promulgated.  An SC investigating committee, chaired by then-Senior Associate Justice Leonardo Quisumbing, probed the incident and found out that it was Reyes himself who Read More …

NBI to meet with Jonas Burgos' kin for security arrangement

 News
Apr 152013
 
NBI to meet with Jonas Burgos' kin for security arrangement

The National Bureau of Investigation (NBI) is set to meet with the family of missing political activist Jonas Burgos to discuss the security arrangement that the government wil be extending to them. The move came following last week’s Supreme Court ruling ordering the Department of Justice and the NBI — a constituent agency under the DOJ — to give protection to the Burgos family in light of new evidence presented in court supposedly pinning the military in Jonas’ disappearance in 2007. “Hindi pa nare-receive ‘yung SC [ruling], but NBI is willing to do that, that’s why they are set to meet with Mrs. Burgos,” De Lima told reporters in Manila on Monday, adding the NBI is “willing and will be able comply with the SC order.” Last week, the SC Public Information Office said the high tribunal issued a temporary protection order after considering claims by Jonas’ mother, Edita, that she is fearing for her life because of the “sensitive nature” of the new evidence she presented in court last April 1. The set of evidence was attached to a petition seeking a re-investigation on her son’s case. The SC directed “the Department of Justice and the National Bureau of Investigation to provide security and protection to the petitioner Edita T. Burgos and her immediate family as provided above, pursuant to Section 14(a) of the Rule on the Writ of Amparo.” The high court also ordered the two agencies to submit within five days after the receipt of the order Read More …

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