Jun 132013
 
The ‘air war’ for votes in May 2013: Without SC TRO, 9 Senate bets, Buhay liable for breaching TV ads airtime cap

NINE SENATORIAL candidates and one party-list group in the recently concluded elections would have breached the airtime limit for political ads on TV had it not been for a crucial order from the Supreme Court regarding a new rule being imposed by the Commission on Elections (Comelec). One of those nine candidates would have also surpassed the campaign-spending limit. Seven of the nine actually won in the May 13, 2013 midterm elections. Meanwhile, Buhay, the party-list group that eventually garnered the most number of votes among party-list groups, is poised to occupy three seats in the House of Representatives.  But that is now murky water under the bridge. Last April 16, less than a month before the elections, the Supreme Court issued a Temporary Restraining Order (TRO) on the “aggregate time limit” rule imposed by Comelec. The TRO effectively reverted the counting of advertising minutes to the “per station” basis, just as it was in the May 2010 presidential polls.  More than the issue of counting airtime limits, however, the Supreme Court TRO made for a seemingly contradictory situation with the law on campaign expenditure limits. As well, the TRO has made the Comelec’s task of enforcing campaigning and campaign finance rules — and consequently holding violators to account – less straightforward and all the more difficult to manage. As a result, campaign spending in the 2013 polls may turn out not to be any different from the campaign-ad spending spree of 2010.  In the 2010 polls, the total indicative Read More …

Apr 242013
 
Arroyo to testify in her own plunder case

Former President Gloria Macapagal-Arroyo will testify for her own defense in the trial of her plunder case at the Sandiganbayan First Division. Arroyo, the incumbent congresswoman of Pampanga’s second district, is the only witness on the defense list, according to her pre-trial brief filed Wednesday. In the seven-page brief, Arroyo’s lawyers said she’s the sole defense witness since the individuals who have personal knowledge of the fund transactions cannot be compelled to take the witness stand as they are her co-accused in the case, which concerned allegations of fraudulent handling of P366 million confidential intelligence funds of the Philippine Charity Sweepstakes Office (PCSO). Arroyo’s co-defendants were PCSO general manager Rosario C. Uriarte; former PCSO Board chairman Sergio O. Valencia; PCSO board directors Manuel L. Morato, Jose R. Taruc V, Raymundo T. Roquero and Ma. Fatima A. S. Valdes; PCSO budget and accounts manager Benigno B. Aguas; former Commission on Audit chairman Reynaldo A. Villar; and former COA-Intelligence Fund Unit head Nilda B. Plaras. Arroyo, who is seeking re-election in next month’s midterm elections, said she has no personal knowledge about “the release, disbursement, use and liquidation” of the PCSO confidential intelligence funds. For this reason, Arroyo said she would rather wait for her co-accused to finish their own presentations before starting her own defense. “She thus prays that… she be allowed to present evidence last so that she may adopt the testimonies of her co-accused who may testify in their behalf or of such witness as they may present during trial,” her lawyers said. However, Read More …

Mar 142013
 
SC approves malversation raps vs. Ilocos Norte town vice mayor

The Supreme Court has given the go signal for the Sandiganbayan to hear the technical malversation case filed against a vice mayor from Ilocos Norte for allegedly using public funds to purchase a heavy equipment. In its decision, the Supreme Court second division junked a petition for certiorari filed by Vice Mayor Pacifico Velasco of Bacarra town seeking to stop the Sandiganbayan from hearing the case and accusing the anti-graft court of grave abuse when it denied on June 9, 2005 his motion for reinvestigation of the malversation case lodged against him. “In all, we see no grave abuse of discretion on the part of the Sandiganbayan in denying the motion for reinvestigation,” said the Supreme Court in a decision penned by Associate Justice Antonio Carpio and concurred in by Associate Justices Arturo Brion and Mariano del Castillo. The Supreme Court dismissed Velasco’s claim that the Sandiganbayan denied him his right to move for the reconsideration of the Ombudsman’s recommendation to file malversation charges against him, with the high tribunal noting that he had filed earlier an Omnibus Motion for Reconsideration before the Office of the Special Prosecutor. “(W)hen petitioner filed an Omnibus Motion for Reconsideration, he was effectively appealing a Memorandum issued by the Office of the Special Prosecutor,” the Supreme Court said. “The filing of another [MR] constitutes a prohibited pleading.” The case against Velasco was filed by former Bacarra mayor Philip Corpus Velasco, who accused the vice mayor of misusing public funds to purchase a road grader Read More …

Mar 042013
 
Comelec: SC has no jurisdiction over order to remove Bacolod church's oversized tarp

The Commission on Elections (Comelec) said the Supreme Court has no jurisdiction over its order to the Diocese of Bacolod to remove its controversial “Team Buhay/Team Patay” tarpaulin. “Wala pa namang kaso, ano inaakyat nila sa Supreme Court?” Comelec chairman Sixto Brillantes Jr. told reporters during an interview Monday. “The only thing we’ve sent so far is a letter coming from the Comelec telling them to remove it (tarpaulin) in three days. What will they tell the Supreme Court? May sulat kaming tinanggap dito? Di naman pupwede ‘yun,” he added. According to reports, the Bacolod diocese filed a petition with the Supreme Court asking it to declare as unconstitutional the Comelec’s orders to remove the tarpaulin. But Brillantes said for the diocese to go to the high court on the basis of their letter is “the best evidence that there is something wrong with the lawyer.” “Simpleng-simple lang, sundin lang ninyo ‘yung sukat [ng tarpaulin], tama na sa amin ‘yun. I think it is the lawyer of the bishop who is trying to make something out of this, who is trying to make a big fuss of a small matter,” he said. He also said unless they are restrained by the Supreme Court, they will proceed with the filing of election offense charges against the people behind the oversized tarpaulin. “By tomorrow if the Supreme Court does not come out with anything, no TRO (temporary restraining order) or nothing, we will proceed with the process,” he said. “When we say Read More …

Feb 272013
 
SC clears media, finds Ampatuan trial prosecutor guilty of contempt

The Supreme Court has cleared several journalists of indirect contempt for their article on the disbarment complaint against one of the defense lawyers in the high-profile Maguindanao massacre case. At the same time, the high court found a prosecution lawyer in the case guilty of indirect contempt for distributing copies of the complaint, which it said was supposed to be confidential, against Philip Sigfrid Fortun to the media. In a 16-page decision, the court ordered private prosecutor Prima Quinsayas to pay P20,000 in connection with the filing of the disbarment case on November 22, 2010. “As a lawyer and an officer of the Court, Atty. Quinsayas is familiar with the confidential nature of disbarment proceedings. However, instead of preserving its confidentiality, Atty. Quinsayas disseminated copies of the disbarment complaint against petitioner to members of the media which act constitutes contempt of court,” the Supreme Court said. Fortun is a legal counsel for members of the Ampatuan family who are implicated in the massacre of 58 people, including over 30 journalists, in Maguindanao on November 23, 2009. Quinsayas has yet to comment on the ruling, saying she has yet to receive a copy of it. “I’ll have to read the SC decision first before I can make a sensible response,” she told GMA News Online. In its ruling, the Supreme Court said that as a complainant and a lawyer, Quindayas was bound by Section 18, Rule 139-B of the Rules of Court, which maintains the confidentiality of a disbarment case until Read More …

Feb 102013
 
US appeals court rejects Filipino WWII Veterans’ lawsuit seeking benefits

By Nimfa U. Rueda Philippine Daily Inquirer 4:56 pm | Sunday, February 10th, 2013 LOS ANGELES — Aging Filipino veterans seeking benefits for their World War II services have decided to take their case to the Supreme Court after a federal appeals court had ruled against them, the veterans’ lawyer said. “The fight continues,” said lawyer Arnedo Valera, who received the decision on Friday (Saturday in Manila). “Sadly, the decision highlights the continued discrimination against our beloved veterans.” The lawsuit filed by the veterans against the US Department of Veterans Affairs said the benefits granted to Filipino veterans were far below those received by US veterans, including pensions and health care. More than 250,000 Filipinos fought for the United States during World War II and were promised equal treatment with American veterans after the war. But in 1946, the US Congress enacted the Rescission Act that took away full recognition of Filipino war veterans and stripped them of their benefits. In 2009, the US Congress approved the American Recovery and Reinvestment Act (ARRA), a stimulus package that included one-time payments of $15,000 to Filipino veterans in the United States and $9,000 to those living in the Philippines. But the lawsuit, filed in the Ninth US Circuit Court of Appeals in San Francisco in October 2010, said the claims of thousands of other veterans were rejected since records from the Philippines proving their services were not accepted by US authorities. The Department of Veterans Affairs required documentation from a federal registry Read More …

Feb 052013
 
House panel closes Pagcor probe

MANILA, Philippines – The good government committee of the House of Representatives closed its investigation yesterday into fund irregularities that the previous administration of Philippine Gaming and Amusement Corp. (Pagcor) committed. “We have gathered enough material to conclude this inquiry and prepare a report,” Iloilo Rep. Jerry Treñas, committee chairman, told his panel. He said his committee’s evidence includes several complaints filed by incumbent Pagcor officers against their predecessors led by former chairman Efraim Genuino with the Department of Justice (DOJ), and the DOJ resolutions on such complaints. Before Treñas adjourned yesterday’s hearing, Negros Oriental Rep. George Arnaiz called attention to a Pagcor report listing the names of Genuino’s consultants.  “There are scores of consultants listed here. They were receiving from P100,000 to P145,000 a month. But I am curious about one name – that of Consuelo Ynares-Santiago. Is she the same person as Justice Consuelo Ynares-Santiago of the Supreme Court?” he asked. Lawyer Michael Gaspar of Pagcor’s legal department gave an affirmative answer. Business ( Article MRec ), pagematch: 1, sectionmatch: 1 Responding to a question from Arnaiz, Gaspar said he did not know why Ynares-Santiago became a Pagcor consultant from February 2010 up to the time the new Pagcor officers assumed office. “We terminated all consultancy contracts entered into by the previous administration,” he said. Ynares-Santiago was appointed to the Supreme Court on April 6, 1999 by then President Estrada. In answer to another question, Gaspar said he did not know how many consultants incumbent Pagcor chairman Cristino Read More …

Feb 042013
 
Cops secure Supreme Court for anti-cybercrime law protests

The police on Tuesday tightened security anew at the Supreme Court in Manila for the resumption of arguments on the Anti-Cybercrime Act of 2012. Radio dzBB’s Carlo Mateo said some groups had scheduled a vigil and concert there from 6:00 p.m. on Tuesday up to 2:00 a.m. on Wednesday. Mateo said the police appealed to the organizers of the vigil and protest actions to keep their activities peaceful and orderly. Many of the protesters are marking not just the resumption of arguments but also the eve of Feb. 6, the day the high court’s temporary restraining order on the controversial law lapses. Among the activities lined up by various youth and blogger groups for the day are a concert and vigil protesting a supposed “electronic Martial Law.” Many groups had staged protests at the high court when arguments on the controversial law are held. They argued that the anti-cybercrime law may violate Filipinos’ constitutional right to freedom of expression. – VVP, GMA News

Feb 012013
 
Pope names Tagle to 2 key councils in Vatican

12:23 am | Saturday, February 2nd, 2013 Manila Archbishop Luis Antonio Tagle. INQUIRER FILE PHOTO Two months after his elevation to the College of Cardinals, Manila Archbishop Luis Antonio Cardinal Tagle has been appointed to two key councils in the Vatican. Pope Benedict XVI on Thursday named Tagle a member of the Pontifical Council for the Family, which deals with pro-life issues, and the Pontifical Council for the Pastoral Care of Migrants and Itinerant Peoples. The five other prelates who became cardinal in November together with Tagle were also given new assignments in the Vatican curia. “According to the Catholic News Agency, [the cardinals, while keeping their main jobs, can] bring their experience and perspective to bear on the discussions and decisions of the central church offices that assist the Pontiff,” a report posted on the Catholic Bishops’ Conference of the Philippines news website said. “As member of the two Rome-based offices, Tagle may attend the councils’ important meetings and receive regular correspondence from Rome on matters that need consensus,” the report said. Family council According to the Vatican website, the Pontifical Council for the Family is responsible for the promotion of the pastoral ministry and apostolate for the family, dealing with issues related to responsible procreation, and the defense of human life “in all stages of its existence, from conception to natural death.” The council also deals with sex education, demographics, contraception and abortion; sterilization, ethical and pastoral problems related to AIDS and other problems of bioethics; legislation regarding Read More …

Jan 312013
 
PHL hacktivists hint at Feb. 6 anti-cybercrime law protest

Philippine-based hacktivists on Thursday hinted at a protest action against the Anti-Cybercrime Law on Feb. 6, the day the Supreme Court’s temporary restraining order on the measure lapses. In a post on its social networking accounts, Anonymous-affiliated Private X issued guidelines to participants but did not post details of where the protest will be held. “Asahan nyo kami sa mga darating na araw sa cyberspace, sana maasahan din namin kayo sa February 6, 2013 (Expect us in the coming days in cyberspace, but we also expect you to join us on Feb. 6, 2013),” it said. The group also said it does not need a permit for its physical protest. “Hindi natin kailangan ng permit dahil ang ANONYMOUS ay Free at di Grupo (We do not need a permit. Anonymous is free and is not a group),” it said. Feb. 6 is the day the high court’s TRO against the Anti-Cybercrime Law of 2012 lapses. Hacktivists had joined protests against the law for its provisions regarding e-libel, which they said violates the Constitution’s guarantee of freedom of expression. Last year, some hacktivists attacked government websites to protest the law but stopped when some of the sites attacked turned out to be providing critical weather data. The Private X post also gave guidelines to its participants: – No violence, No weapons, No graffiti, destruction, or vandalism, Anonymous is legion. – Never be alone. Know the dress code.  – Cover your face (Use scarves, hats and sunglasses. Masks are not necessary). – Read More …