Docket Files

ARMM Elections Class Picture

2008-08-10T01:54:00.000-07:00

Tomorrow we will walk with the people of the Autonomous Region in Muslim Mindanao as they make history in voting in an automated elections. Whatever happens here will show the pathway to a nationwide, fully-automated elections in the country.

A Mother's Child

2008-05-12T02:39:00.000-07:00

I am a child of many mothers.

My mothers come in many forms, in various shapes and personalities, but all sprung up in my life in periods that they were needed. True to form, a mother recognizes a hurting child without hearing him cry, and nurtures him.

You may perhaps recognize some of them too as your own: the mother hens in our group of friends, the flamboyant mudra, the wiser (not necessarily older) bestfriend, even a former college professor and of course, our very own, whose wombs birthed us into this world.

http://blogs.gmanews.tv/joseph-morong/archives/4-A-Mothers-Child.html

Chief Justice Puno Denies Report of Early Retirement

2008-04-17T09:14:00.001-07:00

Early retirement? Who? Me? Chief Justice Reynato Puno denies reports he's retiring early

Chief Justice Reynato Puno denies reports that he is going to retire earlier than 2010 due to allegations of his Court being controlled by President Gloria Macapagal Arroyo.

An online magazine reported that Puno allegedly talked to some of his confidants about his plans of retiring early.

But the Chief Justice completely denies the said report and issued a statement which I'm quoting, in toto, below. The Supreme Court Public Information Office released the herein under quoted statement after consulting with the Chief.

April 17, 2008

STATEMENT OF CHIEF JUSTICE REYNATO S. PUNO

I am denying the rumors and speculations that I will retire from the position of Chief Justice before May 17, 2010, when I will reach the constitutionally mandated retirement age of 70. The office of Chief Justice is a trust given by the people, and I will fulfill the trust until the end of my term by continuing to discharge my duties with independence and fairness. I was appointed Chief Justice on December 7, 2006 without any political conditions. I remain steadfast in my belief that the Supreme Court
will continue to be the defender of the Rule of Law and the protector of our people’s rights.

Supreme Court of the Philippines
Manila

Covering the 2007 Bar Exams Results

2008-03-29T06:32:00.001-07:00

"Abogado na ako! Abogado na ako! (I'm a lawyer already!)," an examinee shouts amidst the nervous crowd waiting for the results of the 2007 Bar Examinations at the Supreme Court.

At another side of the hall, an old man calls who could be his brother or a family member and announces the good news: "May lawyer na tayo," he says.

Pride filled the august halls of the Supreme Court. At that moment success almost feels tangible you could taste it, and happiness is not just a concept but a real feeling. One could almost see a whole new world of possibilities open.

If only for that one singular moment of victory, I would want to take the bar.

But not for now. Right now, I am an observer, a reporter covering it.

Covering it for quite a couple of years already did not make me immune to a wide spectrum of emotions from pride, to quiet defeat, to a steadfast optimism.

The Supreme Court initially announced that it would release the results Friday but postponed it to Saturday.

It was my day-off but Vic, my senior desk asked me Friday to cover it since I'm the one responsible for the justice beat.

My sources told me that we could expect the results to be released after lunch so I was at the compound at around 11 am.

Already, there were examinees outside the Supreme Court awaiting the results.

I did an advancer for Balitanghali where I reported that a source said that the results could be released at 2 p.m.

But 2 p.m. passed and still there were no results.

The waiting and growing number of examinees were impatient. They tried to enter the Court's lobby where the LCD projectors were put up. The projectors would scroll the names of the country's new lawyers. But the doors unfortunately had to be shut for fears of a stampede.

Inside, my fellow reporters from print and radio spent the idle the time chatting and taking photos. Or when these became tiring, we just sat there and listened to music which the Supreme Court PIO piped into the stereos.

While waiting, Supreme Court spokesperson Atty. Jose Midas Marquez sent a staff to ask how many mediamen were down in the hall -- so he could send over some merienda.

Feeding waiting mediamen means one thing -- the wait will be longer.

Which was what happened. Those of us who smoke, smoked outside, striking idle chatter with the guards and the examinees. At one point, an old man, most probably a father of an examinee saw one of the projectors scroll names. That particular projector had "List of 2007 Bar Examinees" as a heading.

"Ito na! (This is it!)," he shouted. Almost immediately, the crowd gathered towards the door. Some shouted. I had to tell him it was just a test run to paciyfy him, and the names were from a previous bar exam result.

After a couple of minutes more, Associate Justice Adolfo Azcuna emerged, accompanied by Atty. Marquez. We positioned our cameras, the print reporters, their recorders and the radio guys alerted their respective stations for the upcoming announcement.

Finally, Justice Azcuna spoke. "Congratulations!" he said.

He announced that 1,289 out of the 5,626 examinees hurdled the bar examinations. That's 22.91%.

He confirmed however that only 5% originally passed the exams but the bar committee decided to lower the passing rate to 70% from the traditional 75%. He attributes the low passing rate to what he terms "unusually strict corrections" made by some of the members of the committee.

After answering questions from the press, he then orders to let the projectors scroll the names of those who passed.

I had to rush to our live camera set-up to break the news. I did not anymore prepare a script but instead relied on bullets: topnotcher from Ateneo, Mercedita Ona; lowered passing rate from 75% to 70%; 5,626 examinees; 1,289 passed.

I could hear the shouting in the background. From where I was standing, I could see examinees jumping and hugging. While some cried in the shoulders of their friends, hugging.

I was overwhelmed, I had to breathe deep to avoid cracking my voice in the middle of my report. Moments like these, show tangibly the demarcation line between the hardships of six months of preparing for the bar and the bliss that comes after it.

After my live report, I went around to take in the euphoria, though not mine, it nevertheless felt good to stand in a celebration.

Not far away from me was a group of friends. They were very happy and they were cheering someone. I approached them and asked a girl who turned out to be a passer.

"How do you feel?" I asked, however obvious her disposition was.

"I'm so happy! Thank you for all those who prayed for me," she said.

I asked for her name for my report's chargen later on. "Caroline Exconde," she said.

"Atty... Caroline Exconde?" I repeated, stressing the new title she has acquired, and wished her luck.

In the crowd, an elderly couple, who must be in their late 60's stood out. They could not be bar takers, I thought to myself. I asked my cameraman if they had shot a video of them. He said yes, and told me they were there for their grandson who did not pass the exams.

In the office I previewed the tape and saw their interview.

The old man's name was Felipe Mariano. He said they had been waiting at the Supreme Court since 1 p.m. But when the results finally were announced, their grandson's name was not there.

Still it did not dampen the old man's spirit. "Ganyan naman yan talaga anak. Try and try until you succeed. Baka sa susunod, makuha na n'ya, (That's the way it goes, son. Try and try until you succeed. Maybe next time, you'll pass)" he said with a sparkle in his otherwise tired eyes.

Such wisdom, such hope, in the midst of chaos and jubilation.

It seemed like what he was saying was that life is a lot like taking the bar exams: we encounter defeat, once in a while. But it should not be a reason to surrender. Experiencing defeat makes victory a lot sweeter.

Reversal Has A Chance, Says Bernas

2008-03-27T05:04:00.000-07:00

Ateneo Law Dean Fr. Joaquin Bernas urges senators to file for a motion for reconsideration of the Supreme Court decision granting the petition of CHED Chairman Romulo Neri saying there is a good chance for its reversal.

Bernas points out that there were two justices who voted "in the result" for Neri. They were Associate Justices Leonardo Quisumbing and Ruben T. Reyes. He explains that the two justices may have voted for Neri but it did not mean that they agree with the logic of the ponencia penned by Associate Justice Teresita Leonardo De Castro.

"Even those who wrote their concurring opinions, they still might be convinced," Bernas said.

If at least the two justices are swayed to vote against Neri later on, it would make the voting 7-8, against the decision.

But Bernas says there is a stronger reason for the Senate to appeal for a reversal.

"We cannot allow this case hanging this way," he says.

Bernas says with the decision of the Supreme Court, the Senate power to investigate in aid of legislation is seriously impaired.

The High Court, in its decision, was convinced that there were military and diplomatic secrets in the Neri's conversation with the President and that the President was right in invoking executive privilege to conceal these.

"The danger about this is if this is a doctrine, nobody can answer questionS anymore," Bernas says.

Third Witness A-No Show at DOJ ZTE Probe

2008-02-29T00:53:00.000-08:00

The Department of Justice investigation of the controversial ZTE deal suffered yet another non-attendance of a witness, making the panel head think of asking for some "coercive power" to compel witnesses to attend.

Philforest Corp. Project Development Head Erwin Santos cancelled at the last minute saying he has a meeting with some investors.

This is the third time that a witness did not attend the hearings. Last week, Senate star witness Jun Lozada and CHED Secretary Romulo Neri also did not attend the hearing.

Lozada sent a letter through his lawyers and said he did not want to participate in a "political exercise," adding it was not the job of the department to conduct fact-finding investigations.

Neri also cancelled at the last minute when he read in newspaper reports that the justice department was going to file violation of the Revised Penal Code for revealing confidential information and documents regarding the deal.

With this, fact-finding panel head Usec. Ernesto Pineda said they are thinking of asking for an executive order that will give them some "coercive power" to compel its witnesses to attend.

"If they don't attend, then there would have some repercussions," Pineda said.

The fact-finding investigation was ordered by President Gloria Arroyo.

Gonzalez Scolds Neri, Calls Civil Society "Evil"

2008-02-20T05:46:00.000-08:00

Justice Secretary Raul Gonzalez is unhappy about how CHED Chairman Romulo Neri answered allegations that he had called the President "evil," saying it is more harmful than helpful.

"That's a question answerable by a yes or no. To respond like that is to open a jagged door of many interpretations," Gonzalez said.

Gonzalez said the President is not affected by it adding it was her idea to have Neri walk beside her in yesterday's unity walk at the Palace.

But if Neri indeed said that, Gonzalez said Neri has no business staying at the Palace.

The justice secretary also took potshots at civil society groups who have been pushing for the President's resignation.

"The evil,uh,civil society ..." Gonzalez said while answering a question but quicky said it was a slip of the tongue.

He said cabinet secretaries are solidly behind the President as symbolically shown in the unity walk in Malacanang grounds.

In an apparent dig at former secretaries who resigned before and are now collectively known as "Hyatt 10", Gonzalez, they would not have any of those theatrics.

"We had a cabinet meeting two nights ago and we didn't have to sing. We didn't have flowers," Gonzalez said.

Notes On A Scandal

2008-02-19T01:52:00.000-08:00

(The NBN-ZTE Deal Controversy)

The Department of Justice launched its own investigation into the controversial National Broadband Project-ZTE deal. The department says its investigation will be different from the ones being undertaken by the Senate and the Ombudsman because it will cover other crimes such as perjury, intriguing against honor, false testimonies and violation of the Government Procurement Act which are not covered by said investigations.

FEBRUARY 19, 2008 - DOTC ASEC. LORENZO FORMOSO III

0

First to testify was DOTC Assistant Secretary Lorenzo Formoso III who was designated to evaluate proposals which came from ARESCOM, Joey de Venecia's Amsterdam Holdings, Inc. (AHI) and China's ZTE COrp.

Formoso said the ZTE proposal was both financially and technologically sound compared to AHI which had little capital and will be using a far less superior technology (CDMA compared to ZTE's YMAX which he said will be the 4G standard in the future).

In terms of coverage, the ZTE proposal was also superior because it would cover the so-called missionary routes meaning third and fourth class municipalities which are not normally "wired."

When AHI came to the DOTC with the proposal, it had a prepared endorsement letter which according to Formoso, the AHI wanted DOTC Secretary Leandro Mendoza to sign. But the endorsement letter was not signed.

Formoso further added that they asked AHI to submit additional requirements but it refused.

He also pointed out another problem, should the AHI proposal be approved. The AHI would be financed under the Build-Operate-Transfer Scheme which presented a problem because according to Formoso, under the anti-graft law, granting the contract to Joey de Venecia, a son of former House Speaker Jose de Venecia Jr. would be a violation since it prohibits granting of government contracts to government officials and their relatives.

Formoso also pointed out that AHI did not have a congressional franchise and technology partner to implement the NBN.

He insisted that the ZTE Corp. went through the process of procurement.

He also belies allegations of overpricing which was bared by former Philforest Corp. President Rodolfo "Jun" Lozada. Lozada claimed at the Senate investigation that the project cost ballooned from $262-million to $329-million because of commissions.

But Formoso said it was impossible. "Assuming there is a $130-million commission, subtract that from the final cost of the project which is $329-million, you will have more or less $200-million. That's cheaper than the original cost. Saan sila kukuha ng pang-abono?" said Formoso.

Formoso reiterated that the cost increased because the scope of the project was widened from 30% to 100% coverage of the entire country.

"He (Lozada) would not know the final contract terms, because by his own admission, he was out of the negotiations after June 2007," Formoso said.

DOJ To Start Own ZTE Probe

2008-02-18T01:06:00.000-08:00

Investigations in the Senate and the Ombudsman notwithstanding, the Department of Justice will start its own fact-finding investigation into the controversial ZTE deal tomorrow focusing its probe into other crimes that might have been committed in the course of the deal and the succeeding investigations surrounding it.

Justice Secretary Raul Gonzalez met with the panel this afternoon to discuss the dileanation of task between the DOJ and the Office of the Ombudsman which started its probe today.

Gonzalez had earlier formed a panel to be chaired by Usec. Ernesto Pineda (see earlier post).

Pineda said the DOJ investigation will be different from the Ombudsman because it will focus on the probable commissions of the crimes of perjury, false testimonies, and intriguing against honor which he said are punishable under the revised penal code.

Pineda added that the investigation will look into violations of the Government Procurement Act which is not covered by the investigation of the Ombudsman.

Those who will appear in tomorrow's hearing will be DOTC Assistant Secretary Lorenzo Formoso and former NEDA and now CHED Chairman Romulo Neri.

Expected to be called on for the investigation will be former Philforest Corp. President Rodolfo "Jun" Lozada, former COMELEC Chair Benjamin Abalos, Joey de Venecia, PNP Dir. Avelino Razon, and officials of the ZTE Corporation.

Pineda denies criticisms that the investigation will zero in on Lozada.

"There are a lot of people who have testified already (who may have given false testimonies). We're not targeting a specific person," Pineda said.

Lozada, meanwhile is still seeking protective custody from the Court of Appeals.

Last week, he appeared before the Court of Appeals 17th Division and sought protection from the Court.

He said that he was worried that the Senate could no longer provide for his security after the investigation is concluded.

But the Court did not grant protection, at least not yet because he is still under the custody of the Senate.

Senate President Manny Villar for his part said that the Senate will do all it can to protect Lozada even after the investigation is terminated.

"We are responsible for him, for a witness like him," said Villar.

SC Orders Transfer of Pandacan Oil Depot

2008-02-13T02:43:00.001-08:00

The Supreme Court today ordered the transfer of the Pandacan oil depot as it dismissed a petition filed by the three major oil companies in the Philippines questioning the validity of a Manila City ordinance banning the oil depot at the Pandacan.

In its decision, the Court said a local government like Manila's has the right to implement ordinances to protect the welfare of its constituents.

On December 28, 2001, the city government of Manila implemented city ordinance no. 8029 re-classifying the Pandacan area where the oil depot is located from Industrial II to Commercial I.

In its findings, the local government said the presence of the oil depot in a densely populated area such as Pandacan posed a risk to its resident and nearby communities.

The Court cited an accident on January 23, 2008 when an oil tanker exploded along Nagtahan St. that killed a motorist and burned several vehicles.

"Need we say anything about what will happen if it is the estimated 162 TO 211 million liters of petroleum products in the terminal complex which blow up?" said the decision.

The Court gave the oil companies 90 days within which to submit their comprehensive relocation plan.

They can also appeal the decision within 15 days.

Oil companies however insist Pandacan is a suitable place for their operations.

In a statement, Petron said it will exhaust all legal means to stay in Pandacan.

"... At present, there are no viable relocation sites that have the adequate infrastructure," said the statement.

Chevron for its part said it believes Pandacan is the best location for their operations.

DOJ Forms Investigating Panel To Look Into ZTE Deal

2008-02-12T02:18:00.000-08:00

Justice Secretary Raul Gonzalez today designated a fact-finding team that will look into the controversial ZTE deal and find out if there had been violations of the Anti-graft laws and the Government Procurement Reform Act.

Named chairman of the panel is Undersecretary Ernesto Pineda. He will be joined by Asst. Chief State Prosecutors Severino Gana, Migeul Gudio, City Prosecutor Emilie Fe Delos Santos and Senior State Prosecutor Aileen Marie Gonzalez as members.

The panel is tasked to submit its recommendations to the secretary within 30 days. If evidence warrants the DOJ will proceed to conduct preliminary investigation.

Gonzalez said last week that the panel would invite former Philforest Mining Corp. President Rodolfo Lozada, former NEDA Chairman and now CHED Chairman Romulo Neri, former COMELEC Chief Benjamin Abalos among others.

DOJ To Start Own Probe Into NBN Deal

2008-02-08T02:37:00.000-08:00

The Senate investigation into the controversial ZTE deal may have a created a lot of noise but the Department of Justice doubts whether after all the sound and fury, it would amount to anything at all.

The justice department is going to conduct its own investigation to determine the criminal liabilities, if any, of the individuals involved in the deal.

"This is a process in the Senate that seems to last forever ... the Senate will not be able to bring out whether somebody should be indicted or not," Gonzalez said.

Gonzalez has instructed his staff to get the transcript of the Senate investigation and to secure a copy of the supposed affidavit of former Philforest Corp. President Rodolfo "Jun" Lozada.

The DOJ will invite to its own investigation Lozada as well as former NEDA and now CHED Chairman Romulo Neri.

Also to be invited to the DOJ is former COMELEC Commissioner Benjamin Abalos who, Lozada claimed, was pushing the ZTE deal in exchange for a multi-million dollar kickback from its Chinese investors.

In Lozada's testimony at the Senate today, he said at one point Abalos talked to First Gentleman Mike Arroyo on the phone at the time when Abalos was having difficulty getting the nod of the NEDA for a loan agreement for the NBN project.

But Gonzalez said he was not sure if the First Gentleman needs to be investigated at all.

"(Lozada) also admitted that he does not know who really was the person on the other line," said Gonzalez.

Gonzalez says his department can commence with its investigation in two weeks time.

Lozada Ready To Spill the Beans - brother

2008-02-06T01:39:00.000-08:00

A brother of missing Philippine Forest Corp. Rodolfo "Jun" Lozada filed today a petition for a writ of amparo, hoping that the Supreme Court will order police authorities who are suspected of detaining Lozada to release him.

Accompanied by his lawyers, Arturo Lozada said the Lozada family could not rest easy even if PNP Chief Avelino Razon admitted that they are safekeeping Lozada.

Arturo denied his brother nor his family had sought police protection.

"Why would we do that?" he said.

Arturo said his brother decided to go home because he misses his twins and wanted to "unburden" himself.

"If you're righteous, you have nothing to hide. When he told me he wanted to go back, I told him, why don't you return on Wednesday instead so you could go straight to the Senate?" the elder Lozada said.

Lozada is one of the more controversial witnesses in the Senate investigation into the scrapped National Broadband Network Deal involving Chinese corporation ZTE Corp.

Lozada's lawyer, Atty. Reynaldo Prinsesa said his client was willing to face the arrest warrant issued by the Senate. "That's why he went home," Atty. Prinsesa said.

The Senate had issued an arrest warrant after Lozada failed to attend the hearings on the NBN deal.

Earlier, a group of lawyers from the Ateneo Human Rights Lawyers filed a petition for habeas corpus. The petition has been raffled off to a ponente as of 5:00 p.m. The writ of amparo petition will be consolidated with the habeas corpus petition.

Neri Can't Be Arrested- SC

2008-02-05T02:50:00.000-08:00

The Supreme Court today issued a status quo ante order effectively barring the Senate from arresting former NEDA Chief and now CHED Chairman Romulo Neri.

"The Senate cannot arrest him yet," said Supreme Court spokesperson Atty. Jose Midas Marquez.

On January 30, the Senate has issued an arrest warrant against Neri citing him for indirect contempt for failure to attend the hearings on the controversial NBN deal.

But Neri filed a supplemental petition at the Supreme Court questioning the arrest warrant.

In his petition, Neri said he could not be arrested because only cases of direct contempt warrant an arrest.

The Supreme Court has asked the Senate to comment on his petition within ten days and scheduled oral argument on March 4 at 1:30 p.m.

Neri heaved a sigh of relief upon hearing of the order. He said he is going back to work tomorrow, Wednesday.

"I am very happy for it. It gives a great relief. The Supreme Court has effectively upheld the rule of law," Neri said.

The Senate has pulled out its sergeant-at-arms who was tasked to arrest Neri at his house.

SC Paves the Way for Filing Charges Against ABS-CBN

2008-01-29T00:06:00.000-08:00

The Supreme Court has dismissed a petition filed by ABS-CBN assailing the jurisdiction and powers of the Department of Justice to investigate the tragic ULTRA stampede which killed more than 70 people in February 2006.

The decision paves the way for the filing of charges against network officials, officials of the ULTRA and Goldlink Security Services.

Associate Justice Conchita Carpio-Morales penned the decision of the Supreme Court Second Division.

In October 2006, the DOJ has found probable cause to indict ABS-CBN for the tragedy which occured during the celebration of Wowowee's anniversary.

But ABS-CBN, even prior to the release of the findings, has filed a petition first before the Court of Appeals and then to the SC contending that the justice department does not have any power to simultaneously conduct criminal and preliminary investigations.

It also said that the complaint-affidavits of the witnesses were defective and that Justice Secretary Raul Gonzalez has pre-judged the case saying the secretary had already said that ABS-CBN has been remiss in its responsibilities.

But the SC found the petition without merit.

Those recommended charged with reckless imprudence are: Ma. Rosario "Charo" Santos-Concio, Executive Vice-President, ABS-CBN; Ma. Socorro Vidanes, Senior Vice President; Marilou Almaden, Business Unit Head; Cipriano Luspo, Head of Security; Morly Stewart Nueva, Executive Producer, WOWOWEE; Harold James Nueva, Assistant Producer for Sets and Tech, WOWOWEE; Norbert Vidanes, Director, WOWOWEE; Francisco Rivera, Location Manager, ABS-CBN; Mel Feliciano, Asst. Director, WOWOWEE; Jean Owen Garcia, Floor Director, WOWOWEE; Rey Cayabyab, Asst. Location Manager, WOWOWEE.

The same charges were also recommended for the officials of ULTRA and Goldlink Security Services, Inc.

WOWOWEE host Willie Revillame will not be indicted since the DOJ had exonerated the host in his petition for review.

36 Charged With Rebellion in Failed Siege

2007-12-03T04:55:00.001-08:00

Thirty six individuals were charged with rebellion in connection with the failed Manila Peninsula siege.

Among those charged before the Makati Regional Trial Court are Sen. Antonio Trillanes IV, B/Gen. Danilo Lim, former Vice President Teofisto Guingona, Infanta Quezon Bishop Emeritus Julio Labayen, former UP Professor Francisco Nemenzo and scriptwriter Bibeth Orteza.

Others who were charged are the following: Fr. Robert Reyes, Capt. Gary Alejano, Capt. Segundino Orfiano, Jr., Lt. SGs Manuel Cabochan, James Layug, Lt.JG Arturo Pascua, Jr., Lt. Andy Torrato, 1Lts Billy Pascua, Jonnel Sanggalang, Ens. Armand Pontejos, Attys. JV Bautista, Arjee Guevarra, Julius Mesa, Cezari Yassir GOnzalez, Cpl. Clecarte Dahan, Pfcs Juanito Jilbury, Emmanuel Tirador, German Linde, Antonio Trillanes III, Myrna Buendia, Dominador Rull, Jr., Romeo Solis, Roel Gadon, Rommel Loreto, Julian Advincula, Francisco Bosi, Leodor Dela Cruz, Sonny Madarang, and Francisco Penaflor.

Justice Secretary Raul Gonzalez believes the failed siege was a conspiracy among Trillanes' group and some civilian supporters.

Gonzalez said there may be more people who can be charged with rebellion in the coming days as they are looking into the involvement of some financiers.

"A military adventurism of this kind will happen without no one funding them," Gonzalez said.

Fourteen individuals were ordered release for the meantime but will have to undergo preliminary investigation soon.

Missing Marine Capt. Nicanor Faeldon will be subjected to a preliminary investigation once he surfaces or is recaptured.

DOJ to Recommend Pardon for Estrada

2007-10-23T05:07:00.000-07:00

Acting Justice Secretary Agnes Devanadera today said she is going to recommended to President Arroyo to pardon former President Joseph Estrada. This after the convicted former president withdrew his motion for reconsideration at the Sandiganbayan and sought presidential pardon.

Estrada wrote the President yesterday seeking a full and impartial pardon.

But Devanadera said the justice department is inclined to recommend a "conditional pardon."

In an interview, Devanadera said the government can restore Estrada's civil and political rights meaning he can vote and run for office but forfeited properties like the so-called Boracay Mansion and the million-peso money deposited for the Erap Muslim Youth Foundation.

She added that she is just waiting for the Sandiganbayan to accept Estrada's withdrawal of the motion so she could start the paperwork for the recommendation.

Asked whether the pardon will be the government's Christmas gift to the ousted leader, Devanadera replied: "It's a gift."

Interior and Local Government Secretary ROnaldo Puno, a former Estrada cabinet secretary said Estrada's seeking for pardon is a "gesture of reconciliation" to the Arroyo administration.

But in a phone conversation with GMA News, Estrada admitted that he is depressed and humiliated.

The former President said has given up on the country's justice system and he is leaving every to God.

Justice Secretary Raul Gonzalez: "I'm Back!"

2007-10-10T02:26:00.000-07:00

Justice Secretary Raul Gonzalez faced the media yesterday after his successful kidney transplant operation.

"I'm back!" he smilingly said to reporters who visited him at his home in Pasig City.

His wife, Dr. Pacita Gonzalez and daughter Dr. Marigold stood behind the secretary.

Gonzalez said he would be back at the department in December. He would have to undergo physical theraphy because of his wobbly knees.

He said that it was President Arroyo who wanted him to go back to the DOJ. "She visited me and told me there were a lot who were lobbying for the position. But she rejected all of them and told them she wants me to stay," he said.

Gonzalez thanked his kindey donor, Muroy Gunay, his driver of thirty years. "That's a sign of loyalty," Gonzalez said.

DOJ's Gonzalez Out of Hospital by Next Week

2007-10-05T03:29:00.000-07:00

Justice Secretary Raul Gonzalez will be discharged from the hospital by next week after undergoing a successful kidney transplant operation.

In a phone interview, the 74 year old secretary said he was recuperating very well but would have to undergo physical theraphy for his "wobbly knees."

"My knees are still wobbly maybe because I've been immobilized for quite some time," Gonzalez said.

Gonzalez underwent a kidney transplant last September and have since been confined at the National Kidney Institute in Quezon City.

The justice secretary said he may be back at the Department of Justice by November. "Even if I have to use a wheelchair," Gonzalez said.

Gonzalez has been President Gloria Macapagal Arroyo's staunchiest ally, often taking the cudgels for the beleaguered president; a voice obviously being missed as the Arroyo administration is again criticised for alleged anomalous deals such the cancelled ZTE deal with the Chinese government with the First Gentleman Mike Arroyo rumored to have been involved in the deal.

SC Approves Rules on Writ of Ampara

2007-09-26T03:44:00.000-07:00

The Supreme Court approved yesterday the implementing rules and regulations on the Writ of Amparo.

The writ is believed to be more powerful than the writ of habeas corpus. It can be availed by any individual or organization at any second level court up to the Supreme Court.

It is a legal concept borrowed and adopted from Latin America specifically Mexico.

President Sends Sick Gonzalez To Hospital

2007-08-30T22:34:00.000-07:00

Justice Secretary Raul Gonzalez is confined at the National Kidney Institute after the President personally requested him to take a break.

Gonzalez said he has been at the hospital since Sunday and will stay there for some twenty days.

He said the President asked Executive Eduardo Ermita to call Gonzalez' wife and send him to the hospital.

"I think the President wants me to be completely cured. I think she needs my mind than my feet," Gonzalez.

It was not immediately known what is ailing Gonzalez this time but he was hospitalized a couple of weeks ago after suffering from a bleeding ulcer.

Press Freedom and National Survival

2007-03-28T04:50:00.000-07:00

By Chief Justice Reynato S. Puno
Supreme Court

Like water seeking its course, press freedom, no matter how suppressed, rises to give life to democracy. This unalterable truth is emblazoned in our history.

Hindsight provides the best vision; hence, let us revisit our history, albeit very briefly. When our country was under Spain, Filipinos were treated no more than as tribute-paying subjects. They hardly had any reason for being, except to obey the orders of the Spanish monarch. The laser-like pens of Rizal, Del Pilar, Mabini, et al. exposed the excesses of the Spanish authorities and slowly opened the eyes of the Filipinos to their dehumanized state. Spurred by nationalism, Del Pilar and Lopez Jaena established the reformist paper La Solidaridad. Ideas that assail a stinking status quo all too frequently lead to mass movements.

The KKK, the Kataastaasang Kagalanggalangang Katipunan ng mga Anak ng Bayan led by Bonifacio emerged from the masses. In due time, they toppled down the throne of Spain in our country.

It is interesting to note, however, that during this struggle against Spain, the press was not totally suppressed. UP Professor Cesar Adib Majul opined that it would not be turning somersaults with history to conclude that the press during the revolution was “relatively free.” Indeed, the Spanish government even established an official newspaper on July 4, 1898, and encouraged people to contribute articles to the publication to raise the political education of the Filipino people. The government also encouraged privately-owned newspapers. There was only one instance when Aguinaldo demanded that the editor of La Independencia, a revolutionary paper, desist from printing views prejudicial to the government. It was a reaction to the lacerating criticisms of Mabini expressed in an article entitled “Something for Congress.”

We then came under the colonial yoke of the United States. Continuing to be fired with nationalism, Filipinos put up newspapers calling for our early emancipation. Among the fiery newspapers were the El Renacimiento, Los Obreros, Katwiran and Lunas ng Bayan. The Americans dealt differently with the Filipino rebels. More democratic than the Spaniards, the Americans checked their critics, especially those from the press, with velvet hands and not with iron fists. The critics were silenced with the use of legal weapons. They were charged with rebellion, sedition and libel. El Renacimiento collapsed because of a libel suit filed by the Secretary of the Interior. The office of Los Obreros was raided by American police officers on orders of the Governor-General. Copies of the paper were used in a rebellion and sedition charge against a labor leader who had led a Labor Day rally, chanting “Down with American imperialism.”

Next, Japan invaded the Philippines. It was wartime, and the restrictions imposed on the press by the Japanese to win the war were again different. They were designed to strangulate press freedom. Under unmitigated military terror, publications folded up. Still, some guerillas-turned-publicists put out the Matang Lawin and called on the people to monitor and report the movement of enemy spies. Not to be outdone, the Hukbalahap writers circulated the Ing Masala (The Light). The press went underground and refused to compromise with the Japanese military.

After World War II, the country experienced relative peace. In the 1970s, however, another kind of crisis rocked the nation. Peace and order was shattered in the countryside due to the rampaging New People’s Army (NPA) and Muslim insurgencies. The economy slumped and hunger threatened the people. Seizing the crisis as a convenient excuse, former President Ferdinand E. Marcos invoked his extraordinary powers under the 1935 Constitution and declared martial law on September 21, 1972. He targeted the recalcitrant press. He immediately directed the Secretary of National Defense to take over and close all newspapers, magazines, and radio and television facilities allegedly being used “for propaganda purposes against the government.” He ordered the mass arrests of leading journalists in print and electronic media “for being participants or for having given aid and comfort in the conspiracy to seize political and state power in the country and to take over the government by force.”

In the wake of this suppression, non-commercial alternative press came to the fore in the form of newsletters of religious institutions, campus journals and newspapers, the clandestine publication of the leftist underground, and the “Xerox media” that disseminated anti-Marcos articles published in foreign media. Later into his martial rule, the media monopoly of Marcos was broken with the advent of commercial alternative press like the We Forum. In the eyes of our legal historians, Marcos, the lawyer, was able to prolong his authoritarian regime through the adept use of the Constitution, which gave the President extra powers to deal with emergencies. Mainstream press was a casualty in the exercise of these extra powers.
President Cory Aquino then burst into the national scene, and for a moment we savored euphoria. But soon we were again confronted by crises wearing different faces. The security of the State was threatened by the leftist and the rightist forces. The leftist guerilla movement metamorphosed into a clear and present danger. On the other hand, the rightists destabilized the government with a series of near-successful coup d’etats. President Aquino had to declare a state of national emergency in the wake of the December 1989 coup attempt. She included mass media among the establishments that may be taken over and operated by the government for the latter’s self-defense. The nation survived the coup crises by a whisker. Freedom of speech and of the press was untouched and intact.
What leaps to our eyes from this canvass of our crises history? We see with clear eyes our experience with crises; we see how our crises diminished and destroyed freedom of speech and of the press. We lost our freedoms in the crises that engulfed us when we were conquered and exploited by foreigners. We lost our freedoms in the crisis that was fomented by home-grown despots. Today, we are still slowly losing our freedoms in the fight against terrorism, in fighting an enemy without a face, in fighting battles without battle lines, in fighting a war without finality. We are also losing our God-given human rights -- to life, liberty and property -- to artificial persons like transnational corporations, whose empire of greed is gobbling up the world. The tragedy is that they are taking our freedoms on the pretext of giving us peace; the irony is that they are asking our freedoms to be sacrificed allegedly to bring us progress. Tyranny is intolerable, but the worst tyrants are those who deny our freedom on the pretext of doing so to protect us; the unbearable tyrants are those who come in the habiliments of saviors. This delusion destroys liberty, and almost always the first to go is freedom of speech and of the press.

Losing our liberties in times of crisis is an experience shared with other countries. Indeed, this has been the sad experience even of the American people. The Americans underwent a civil war on the question of slavery; they fought in World War I and in World War II; they fought in the Cold War; and now, they are deep in the war against terrorism. Doubtless, they have emerged triumphant in all these wars. But despite their triumphs, some legal scholars are now asking the disquieting question whether in the process of surviving their crises, too much freedom was denied the Americans. In other words, they are tortured by the thought that in times of crisis, their government has tilted the balance too much in favor of security and too little in favor of liberty.

A leading constitutional scholar of free speech, former Dean Geoffrey Stone of the University of Chicago Law School, lamented that in wartime cases, the U.S. Supreme Court applied constitutional standards that strongly accord the President and Congress the benefit of the doubt, while ruling against the liberty of the people. Similarly, he pointed out that in government-overthrow cases, the U.S. Supreme Court permitted the prohibition of the express advocacy of a violent overthrow of government.

This antipathy of the U.S. Supreme Court towards liberty was attributed by Dean Stone to the excessive fear of the Justices characteristic of people during crises. He theorizes that in the United States during wartime -- whether in the Civil War of 1798, World War I, World War II, the Cold War, Vietnam War, and the ongoing War on Terrorism – the American people were gripped by excessive fear, and their government overreacted. He notes that this overreaction resulted in the excessive curtailment of freedom of speech and of the press, which the United States later regretted. I quote him: The Sedition Act of 1798 has been condemned in the “court of history.” Lincoln’s suspensions of habeas corpus were declared unconstitutional by the Supreme Court in Ex Parte Milligan, the Court’s own decisions upholding the World War I prosecution of dissenters were all later effectively overruled, and the internment of Japanese Americans during World War II has been the subject of repeated government apologies and reparations. Likewise, the Court’s decision in Dennis upholding the conviction of the leaders of the Communist Party has been discredited, the loyalty programs and the legislative investigations of that era have all been condemned, and the efforts of the U.S. government to “expose, disrupt and otherwise neutralize” antiwar activities during the Vietnam War have been denounced by Congress and the Department of Justice.

Dean Stone’s piercing insights should also make us ponder on the restrictions we impose on our liberties, especially on freedom of speech and of the press, during national emergencies. We ought to pause, for the signs of the times say there will still be crises to visit us. We have glorified freedom of speech and of the press as a preferred freedom, occupying a higher rung in the hierarchy of constitutional values. Is it not high time that we study how the preferred status of freedom of speech and of the press can be given more substance in periods of national crises?

Let the debate begin.

Court Bars Alcano From Coming Near Daughter

2007-03-28T03:12:00.000-07:00

A Quezon City court granted a 30-day temporary restraining order to a former wife of World Pool Champion Ronnie Alcano effectively prohibiting Alcano from contacting his wife and his 14-year old child who accused him of rape and child abuse.

Quezon City Regional Trial Court Branch 102 Judge Lourdes Giron issued the TPO today.

In her order, Alcano is prohibited from harassing, annoying, telephoning, contacting or other communication in any form e.g. landline telephone, mobile telephone, fax machine, sms or email.

Alcano is also warned against coming near his wife and daughter within 1,000 meters or visiting places where they frequent such as school or place of employment.

The Court also ordered Alcano to undergo pyschological counseling or psychiatric treatment.

Alcano has denied the allegations and said that the victim was just asking for money.

Billiards Champion Alcano Accused of Molesting Own Daughter

2007-03-26T06:00:00.000-07:00

A fourteen year old daughter of billiards champion Ronnie Alcano has accused him of molesting her three times last year.

The victim identified as "Janelle" filed a case of violation of the child abuse law, of the anti-violence against women and their children act, and rape against Alcano claiming he molested her on November 25, 2006 and again on December 2006.

"Janelle" was with her mother, "Del" when she filed the complaint at the Quezon City Fiscals' Office today.

CA Issues TRO Against Sanchez Suspension

2007-01-19T02:10:00.000-08:00

The Court of Appeals has issued a 60-day temporary restraining order against the suspension of Batangas Governor Armando Sanchez.

The TRO was issued by the Special Fourth Division of the Court chaired by Associate Justice Regalado Maambong.

"...to maintain the status quo and to preserve the rights of the applicant / petitioner Armando Sanchez, pending resolution of the instant resolution...the Court hereby issues a temporary restraining order effective for 60days unless sooner lifted," the Court said.

Sanchez was ordered suspended by the Ombudsman on September 26, 2006 in connection with the alleged irregularity in the release of funds for the Real Property Tax Computerization Project in Batangas.

Fire Strikes SC Session Hall

2007-01-15T04:35:00.000-08:00

Fire broke out at the Supreme Court Session Hall at around 4 p.m. today.

Chief Justice Reynato Puno was holding a meeting at the adjacent en banc session hall and immediately went out of the building.

"Somebody saw a smoke go out," Puno said.

Acting Supreme Court Spokesman Atty. Jose Midas Marquez who was with Puno at that time said he heard some people running.

"I went out to find out what was going on and after discovering that there was fire, we decided to go out," he said.

Other justices of the Court were seen outside the compound. They were also inside the Court when the fire struck.

Fire investigators theorized that the cause was faulty electrical wiring.

Fire ate up the curtains of the hall behind where the justices sit and damaged the court's seal. No one was reported hurt.

Puno Is 22nd Chief Justice

2006-12-06T08:07:00.000-08:00

Former Chief Justice Artemio Panganiban hugs his successor, Sr. Associate Justice Reynato Puno during Panganiban's retirement ceremony. Puno's appointment was appointed by President Arroyo before midnight. (Supreme Court photo)

Senior Associate Justice Reynato Puno has been appointed by President Gloria Arroyo as the 22nd Chief Justice of the Supreme Court of the Philippines before midnight.

Puno succeeds former Chief Justice Artemio Panganiban who retired today upon reaching the mandatory age of retirement of 70 years old.

Puno was appointed to the Court by former President Fidel Ramos in 1993. Prior to being a member of the Court, Puno served as Deputy Minister of Justice and Associate Justice of the Court of Appeals.

He was a 1962 graduate of the UP College of Law. He was also Editor-in-Chief of the Philippine Collegian in 1961.

He authored decisions legitimizing the presidency of the Arroyo administration in 2001, ordered the Meralco refund in 2002 and the nullification of the Piatco agreements.

Chief Justice Applicants To Undergo Public Interviews

2006-11-23T03:22:00.000-08:00

For the first time in the history of the Supreme Court, the six candidates for the position of Chief Justice will have to undergo a public interview, Justice Secretary Raul Gonzalez said.

Gonzalez is a member of the 8-member Judicial and Bar Council (JBC) which screens applicants to vacancies in the judiciary.

He said the interviews will start on November 29 at 1:30 pm, and the candidates will be grilled by the JBC for 30 minutes each.

The six candidates for Chief Justice include Senior Associate Justice Reynato Puno, Associate Justices Leonardo Quisumbing, Angelina Sandoval-Gutierrez, Consuelo Ynares-Santiago, Antonio Carpio and Senator Miriam Defensor-Santiago.

They will be called on in alphabetical order.

This is the first time that the JBC will interview the applicants for Chief Justice. Last year, the scheduled public interview was cancelled after 12 associate justices of the court wrote to then Chief Justice Hilario Davide and said they were not in favor of the interview.

Gonzalez said the applicants may decline the interview but could not say whether it could be a ground for disqualification.

Meanwhile, lawyers group Supreme Court Appointments Watch (SCAW) said public interviews are necessary to scrutize members of the highest court of the land.

Atty. Marlon Manuel of the Alternative Law Groups wants to find out, for example, if Santiago is physically fit for the position.

"She has said in public that she has anorexia nervosa. We want to find out if she can perform the job given her situation," Marlon said.

Marlon clarified however that his group is not singling out Santiago and said all the other candidates must be interviewed as well.

Media Coverage on the Subic Rape Case

2006-11-20T02:47:00.000-08:00

Covering the Subic rape case: What is the verdict on media?
BY RORIE R. FAJARDO, GMANews.Tv

On Monday, November 27, Presiding Judge Benjamin Pozon will promulgate the verdict on the Subic rape case. The trial of the case ended last September 25, after four full months of marathon hearings that played out on the airwaves and the front pages. What now is the verdict on media coverage of the trial?

Before the trial closed, a virulent word war between the complainant "Nicole," who turned 23 in September, and state lawyers led by senior state prosecutor Emilie delos Santos hogged the headlines.

Nicole had scored the prosecutors for "incompetence," and in turn, they tagged her and her and her mother as "ingrates." What followed was a parade on the press by the litigants who all too suddenly became more open to interviews, more abundant with quotes on matters that largely remained unspoken during the trial. Protest rallies by Nicole and her supporters among feminist and civil society groups subsequently came in a series.

For many reasons, the Subic rape case is not the typical crime story that is staple fare to a neophyte reporter. The story, after all, draws from a deep and broad context -- the century-old love-hate relationship between the Philippines and the US. As well, the story wrapped in sensitivity and nuance is also the first rape case against US servicemen to go to trial in court.

Finally, the case is the first real test of Republic Act 8353, or the new Anti-Rape Law that amended the definition of rape from being a crime against chastity to a crime against persons.

Rachel Khan, journalism professor at the UP College of Mass Communication, tells GMANews.Tv that the media fared well in monitoring the case since last year. But in her view, the real test of media ethics came when the hearings started June 2 this year.

The attention given by media to the case raised expectations in both Philippine and US governments that the public is watching the controversial case through the media, says Khan. When the coverage shifted to the courtroom, however, Khan says the media occasionally fumbled in discernment of how much or what the public should know. "News should always be [about] the public's right to know," says Khan, who is also deputy director of the Center for Media Freedom and Responsibility (CMFR), a nongovernment institution focusing on press freedom and professionalism.

In this case, she observes that the public's right to know is anchored on two main issues: One, is justice being pursued, and two, is government performing its job in pursuit of justice?

Khan laments that soon, many in the media treated the case just like any other crime story. "The media generally took advantage of the fact that it was a rape case. They were selling flesh instead of selling the news," Khan says.

News on the walkout

Khan pointed to the stories media churned out when Nicole and her mother Susan Nicolas walked out of the courtroom on Sept. 14, 2006 to protest the prosecutors' alleged incompetence.

"We were given typical event reporting, without digging deeper on the objective reasons of the family for the walkout," Khan points out.

Instead of dwelling on the personality clash angle, Khan says the media could have looked into the responsibilities of the prosecutors and the assessment on their efficiency.

Still, in Khan's estimate, the media also had its high points in the coverage.. One of these was when media reported apparent attempts to whitewash the case based on Justice Secretary Raul Gonzalez's statement to exclude Staff Sargeant Chad Brian Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood from the rape charge.

The principal accused, Lance Corporal Daniel Smith, maintained he had consensual sex with Nicole that fateful night.

Learning in progress

While old journalistic rules on objective and fair coverage, as well as sensitivity to the protection of the alleged victim's identity still applied, covering the Subic rape hearings had become a learning-in-progress experience to some Filipino journalists.

The case put to serious test more than simple reportage skills, they acknowledge. Covering celebrated cases of rape and murder are not something new to media, indeed. In the 1990s, there were the Vizconde rape-slay trial, which resulted in the conviction of scions of known families in politics and the entertainment industry, and the rape-slay of University of the Philippines student Eileen Sarmenta, for which the principal accused, former Mayor Antonio Sanchez of Calauan, Laguna, had to spend time at the New Bilibid Prisons.

Four times weekly since the Subic rape case trial began on June 2, about 20 journalists from various dailies and broadcast media entities were detailed in court. They listened in to an average of four-hour hearings daily at a session hall-turned-courtroom on the third floor of the old Makati City Hall's regional trial court Branch 139. Because Presiding Judge Pozon banned cameras, audio recorders and cellular phones in the courtroom, the journalists had to make do with the barest tools of trade – pen and paper – a pair of good ears, a pair of sharp eyes, and possibly wit, to get by the details.

But how the render the details in visual form became the challenge to GMA News reporter Joseph Morong. From Day 1 of the trial, Morong supplemented his reports with his own sketches of the litigants as they were called to testify. Following Morong's example, two other networks brought in their own sketch artists on June 20, the 10th day of the trial. It was only GMA News, which deployed two television reporters to the trial — one to cover the defense panel, and the other, the prosecution panel.

This, GMA News did to ensure that both camps got fair and sufficient coverage, according to Morong, who covers the justice and court beat. But the high public visibility of the case eventually turned the hearings into a contest for public sympathy. Morong recalls an instance when Nicole's relatives and supporters complained that GMA 7's news reports appeared to be siding with the accused, and that the presentation of Nicole's side was taken out of context.

"We explained to them that we are after fairness in our story," says Morong, adding that the perception was easily corrected after he spoke with Nicole's camp. Morong credits Pozon, a former municipal trial court judge in Taguig City in northwestern Manila, for maintaining an atmosphere of fairness and objectivity in his courtroom.

The judge had barred from court placard-bearing advocates or those wearing shirts with political statements, Morong says. Too, in another instance, Pozon had, just as promptly, stopped lawyers who tended to 'perform' for the gallery, he adds.

Morong says fairness in coverage should always remain the reporter's primary goal.

Stick to the testimonies

To Volt Contreras, Philippine Daily Inquirer reporter, the public was best served by reports of what was said inside the courtroom by both the defense and prosecution sides, and not as much by "post-mortems" or interviews with lawyers after the hearings.

Before covering the case since its arraignment in April, Contreras had been assigned to cover the Department of Foreign Affairs, specifically US-RP bilateral relations.

Contreras' view is that his duty was to detail the courtroom events and exchanges that could not be captured visually because of the absence of cameras.

Since the hearings dictated the coverage, Contreras says there were times when the story shifted from the prosecution to the defense and back. "You can't say that the coverage is 50-50 for both parties," he says.

Contreras says he has thus opted to set aside his opinion, and just stick to what had been said on record at the heatings.

In his view, the four American marines remain accused until proven guilty beyond reasonable doubt. "Lawyers have their own interest to advance certain issues," he says.

Khan maintains that not all parts of the testimonies offered in court should be reported in the media. "The media is into graphic details, which is in a way it is already invasion of privacy of the victim. It is closer to further trauma," says Khan.

In Khan's opinion, media reports on the testimonies of medical experts, for instance, should be trimmed to statements that the injuries the complainant suffered were concurrent to injuries of rape victims, instead of a graphic rendering of the injuries.

Khan observes notes that because lurid, graphic material sells, and some reporters simply got away with it.

Complainant's anonymity

Nearly to the last person, however, reporters maintained the anonymity of Nicole in their stories, even as they have full and clear knowledge about her real name and true identity.

It is part of journalistic ethics to uphold the right to privacy of alleged victims of rape or sexual assault . Keeping them anonymous is one way of shielding them from the censure and stigma that typically, if unfairly, hound victims of sexual crimes.

The media's duty to contribute in the alleged victim's recovery through this rule is reminiscent of the media coverage of an American woman who was raped and left for dead in New York City's Central Park in April 1989.

The media referred to the victim as the Central Park jogger all throughout the four-month coverageof the case. Her identity was never revealed until 13 years later, when she finally agreed to grant an interview.

Nonetheless, the excesses and wayward behavior that occasionally marked the Subic rape case coverage point to the need for improvements.

Rape, Khan insists, "should not be treated as a typical crime story" and with the trial long concluded, "this is unfortunately happening now."

Except for occasional spot reports on protest actions by Nicole's supporters, reporters seem to have lost interest in the Subic rape case.

Their focus has shifted to other issues in the meantime, and perhaps they would take notice again only on November 27, when Judge Pozon is scheduled to promulgate his verdict. GMANews.TV

Miriam, Next Chief Justice?

2006-11-02T02:24:00.000-08:00

The Senator as Chief Justice? (photo from www.miriam.com.ph)

A group of lawyers has nominated Sen. Miriam Defensor-Santiago to succeed Supreme Court Chief Justice Artemio Panganiban who will retire on December 7, 2006.

The Young Lawyers Association of the Philippines nominated the senator to the Judicial and Bar Council (JBC) on October 27. The same group had nominated Santiago to the post last year but failed to meet the deadline.

Justice Secretary Raul Gonzalez, a member of the seven-man JBC, said Santiago's name will be included in the list of nominees which will be forwarded to the President.

It will be the President who has the sole power to appoint the next chief justice.

Santiago will join the five most senior justices of the Court namely: Senior Associate Justice Reynato Puno, Associate Justices Leonardo Quisumbing, Consuelo Ynares-Santiago, Angelina Sandoval-Gutierrez and Antonio Carpio.

Freedom Under Siege

2006-10-20T03:09:00.000-07:00

The Philippine Collegian has not
been publishing for a few months now
after the UP administration withheld
its funds (photo from Kule in pdf).

The Philippine Collegian, the official student newspaper of the University of the Philippines, colloquially known as Kule, has not only been at the front seat of the country’s history but figured prominently in it as well.

In the dark days of Martial Law in the ‘70s, despite threats of closure, it continued to publish, albeit underground, to provide voice against the repression.

In recent history, it has served as the voice of the students in campus and national issues such as the tuition fee hike, activists killings, and the turbulent period of the Arroyo administration.

Supreme Court Senior Associate Justice Reynato Puno, who was Editor-in-Chief of Kule in 1960, says it is this tradition that sets the Kule from the rest, a benchmark for all the other campus publications in the country.

In April 20, 2006, the Office of the Chancellor released a memorandum on procurement of supplies and services.

Ever since, the Collegian Editorial Board conducts its autonomous bidding process to select the printer of the paper. But the UP administration insists that student funds used by the paper were public fund and therefore was under the procurement act.

This unilateral action by the administration eventually led to the withholding of funds of the paper and the stoppage of its printing.

Not a few were threatened.

“If you could do it to the Collegian, you could do it to the other college newspapers,” the National Union of Journalists said.

I didn’t know of the issue prior to the request of Reporter’s Notebook to do a story on it. I’ve heard of it from a friend but did not quite get the opportunity to ask for details.

I had a chance to work at Kule, first as a news staffer and eventually as its news editor for school year 1999-2000. I did not have second thoughts about doing it but I must give credit to my segment producer, Joseph Laban, who had researched about the issue even before I got on board so to speak.

In the report, we sought prominent alumni of the Collegian, aside from Puno, it included Former Senator Franklin Drilon who granted an interview.

“As a senator of the Republic, I don’t remember ever allotting funds for the newspaper,” he said.

Puno, who, by virtue of his job as a magistrate usually would not have granted an interview, but he did, perhaps compelled by his own sense of indebtedness to the paper.

“It is an institution, they shouldn’t be doing this,” the justice said.

There were other alumni such as Senator Joker Arroyo and Senator Miriam Defensor-Santiago, the first lady editor in chief of the newspaper.

Arroyo declined an interview but Santiago said she was “interested” in the issue and had issued a resolution that sought to investigate the “deadlock.”

The UP administration through Chancellor Sergio Cao did not grant an interview but merely said that it was not attacking the independence of the newspaper.

UP President Emerlinda Roman said that if the Collegian did not want to be under the procurement act, it may collect, on its own, the student funds.

Due to the deadlock, the Kule has been publishing in .pdf format.

But let me hasten to ask a few questions:

Assuming the logic of Roman, if it allows the present term of the Collegian to collect the funds on its own, what then is the nature of the funds?

Justice Puno wonders whether the procurement act is appropriately being used.

Still some sectors assert that it may not be a press freedom issue but a press responsibility issue. The Collegian they say, has been mismanaging its funds.

Issues aside, what is clear is that the Kule is not publishing, the newspaper which is an outlet of student views has stopped printing, how else would the students know about issues that affect them such as the impending tuition fee hike?

But the administration does not seem to mind and the procurement act remains as a justification.

This is not surprising, by its effect, we will know its intent.

ABS-CBN exec, Willie, et.al. Liable for Deadly Stampede

2006-10-19T04:55:00.000-07:00

A Department of Justice investigating panel has recommended the filing of charges against some of officials of ABS-CBN, "Wowowee" host Willie Revillame, and officials of the Philippine Sports Arena and Goldlink Security Services in connection with the February Ultra Stampede which killed more than 70 people and injured hundreds of others.

Recommended charged were ABS-CBN Vice-President for Entertainment Ma. Rosario Santos-Concio, TV productions head Ma. Socorro Vidanes, host Revillame and staff of the program "Wowowee" which includes Marilou Almaden, Cipriano Luspo, Morly Stewart Nueva, Harold James Nueva, Norbert Vidanes, Rey Cayabyab, Francisco Rivera, Mel Feliciano, and Jean Owen Ercia.

Also charged were ULTRA building administrator Engr. Jesus Belardo, ULTRA booking and events coordinator Erlinda Reis, Goldlink Security and Allied Services Inc., staff director for operations Rosenbar Viloria, and securities in charge Wilfron Onanad and Chito Payumo.

In the resolution, the panel said that the deadly stampede could not have been just an accident.

"The stampede could be foreseen by the exercise of reasonable care and due reflection," the resolution said.

The resolution meanwhile recommended that a preliminary investigation be conducted to find out if there is probable cause to charge Pasig City Mayor Vicente Eusebio, former Pasig Chief of Police P/SSupt. Raul Medina, P/SInsp. Henry Asuela, PCP15 station commander, P/Insp. Khaddafy Bitor, chief, city traffic and parking management office; Arnulfo Awa, Philippine Sports Complex chief security officer, Philsports Arena security coordinator Eugenio Cabigas, and Brgy. Chairman ng Orambo Pasig Richard Pua.

Justice Secretary Raul Gonzalez said the aggrieved party can appeal the resolution via a petition for review to be submitted to him.

In a statement, ABS-CBN said it disagrees with the decision of the DOJ.

"It is ABS-CBN's position that there is no evidence to support the DOJ's decision is not the final ruling on this legal issue. it will be up to the courts of law to finally decide if the DOJ is correct and whether or not there is any criminal liability on the part of ABS CBN officers and production staff. ABS-CBN has full confidence in the legal system and has no doubt that justice will be ultimately served for all concerned," the statement said.

Chief Justice Admits Pressure in Cha-Cha

2006-10-18T04:02:00.000-07:00

Supreme Court Chief Justice Artemio Panganiban today admitted there were pressure from sectors interested in the resolution of the people's initiative petition but vowed the court will not to be impeded by these in deciding the case.

"There are, what you call, pressures from those who are interested in the case but we are not afraid, we will not be cowed or be impeded by these alleged pressures," Panganiban said.

He said the Court has set a special en banc session on October 25. The Court, he added will try to resolve the issue within next week.

"If necessary, we will discuss it on Thursday, Friday, then Saturday and then Sunday until we can come out with a resolution," Panganiban said.

House Speaker Jose de Venecia, who was one of the guests invited by the Supreme Court to the Global Forum on Liberty and Prosperity which opened today, said he has talked to some justices in the Supreme Court on a number of occasions.

But it was hard to tell whether they were in favor or against the people's initiative.

"They keep their cards very close to their chests," de Venecia said.

De Venecia who has been pushing charter change initiative said the pressure need not come from him.

"The pressure is from the local government units ... from statements in television and radio, from the religious leaders. By God, it will be very insensitive for the Supreme Court to ignore all these," he said.

Melo Commission Vows No Sacred Cows Spared

2006-08-28T02:53:00.000-07:00

To "Close Shop" Once Meddling Is Seen

Members of the Melo Commission headed by retired Supreme Court Associate Justice Jose Melo took their oath today before Supreme Court Chief Justice Artemio Panganiban vowing it will not spare any sacred cows and quitting if there's any party who will try to meddle in the investigation.

The commission was created by President Gloria Macapagal-Arroyo to investigate media and leftists killings.

Interviewed after the closed-door oathtaking, Melo said that he will allow the chips to fall where they may in their effort to get to the root of the killings.

He said that his commission will first interview families of the victims and then proceed to interview "those who may be able to shed light on the killings."

"We will assert our independence. If there's someone who will try to influence then we will immediately close shop," he said.

Asked whether the commission will invite 7th Infantry Battalion Commander Maj. Gen. Jovito Palparan, Melo said: "We will. But I heard he's already retiring. Nonetheless, we will still invite him."

Palparan has been tagged by parents of two missing students of the University of the Philippines as being the abductor of their children.

The Court of Appeals is hearing the petition for a writ of habeas corpus but Palparan has continously refused to attend the hearings citing health reasons.

Melo admitted that they don't have contempt powers to compell witnesses to attend the hearings but cautioned those who will refuse against negative public opinion.

"If they don't attend that's up to them. What will the people think if they don't appear? Ah, may tinatago 'yan," Melo said.

Melo said the commission will start its investigation in two weeks time which will take some four to six months to finish.

The commission will recommend the filing of complaints against those alleged, if need be, before the Department of Justice (DOJ).

Other members of the commission are DOJ Chief State Prosecutor Jovencito Zuno, National Bureau of Investigation Director Nestor Mantaring, UP Board of Regents member Nelia Teodoro-Gonzalez, Butuan Bishop Juan de dios Pablos and Rogelio Vinluan as general counsel.

The commission will conduct its hearings at the Integrated Bar of the Philippines (IBP) building in Pasig.

CA Stops Nurses Oathtaking on August 22

2006-08-18T03:12:00.000-07:00

The Court of Appeals has issued a temporary restraining order (TRO) stopping the scheduled oathtaking of nurses who passed the licensure exams on August 22.

The Special Third Division of the Appellate Court issued the order after several nursing students and faculty group questioned the Nursing Board's resolution invalidating Test III and V of the licensure exams and setting the oathtaking on the 22nd.

" ... to preserve the rights of petitioners ... and so as not to render any judgment hereon moot and academic, the temporary restraining order prayed for is granted," the Court said.

The Court scheduled a hearing on the petitions on September 14.

Demetriou Withdraws From Nida Case

2006-08-10T03:03:00.000-07:00

Kaye Torres, the only daughter of slain actress Nida Blanca has terminated the services of Atty. Harriett Demetriou as her counsel.

This after Demetriou expressed her desire to withdraw from the case.

In a letter to Demetriou, Torres thanked her for services since November 2001 but cited differences in opinion as her reason for agreeing to terminate her.

"...due to reasons that have rendered our attorney-client relationship untenable, I wish to inform you that effective August 2, 2006, the services of my private counsel in the said case of my late mother Ms. Nida Blanca are no longer required and are thus terminated," Torres said.

Earlier this month, Torres wrote and visited Justice Secretary Raul Gonzalez to remove Elena de la Paz from the list of those recommended charged for the murder of Blanca in 2001.

The justice department has submitted the amended information to the Pasig Regional Trial Court but Pasig RTC Judge Amelia Fabros said in open court, that the information has not been admitted.

Lawyer for de la Paz, Atty. Persida Rueda-Acosta, has filed a motion to defer proceedings. The court will continue hearing the motion tomorrow.

Nida's Daughter Wants To Save Elena From Case

2006-08-02T01:23:00.000-07:00

Kay Torres, the only daughter of slain actress Nida Blanca, appealed to the Department of Justice today to drop Elena dela Paz from the list of those charged for the actress' murder.

Dela Paz has been charged in court along with several others for Blanca's murder on November 7, 2001 at the Pasig Regional Trial Court. She was reportedly seen by a witness, Rannie Francisco, with the actress on November 6, 2001 between 5 and 6 p.m.

Torres came with dela Paz who was with her lawyer Public Attorneys Office Chief Atty. Persida Rueda-Acosta and talked with Justice Secretary Raul Gonzalez in a closed door meeting.

After the meeting Torres said her mother would not want to see dela Paz charged for the murder.

"Mahal na mahal po namin ang Tita Elena. Kilala po namin ang taong ito. (We love Aunt Elena very much. We know her)," Torres said.

Torres added that her grandmother Crescencia, who had died in 2005, told the family that dela Paz was with her at the time when Francisco has reportedly seen her.

"Rannie, if you're listening right now. Think again, I know that you're lying," Torres said.

Gonzalez however could not say if the department would pull out dela Paz from charge list but said, in theory, that she could be, for as long as the trial has not been terminated.

"There was no commitment to Kay or to whomever," Gonzalez said.

SC to AFP: Produce Missing Students

2006-07-19T02:37:00.000-07:00

missing
Originally uploaded by josephthaddeus.

The Supreme Court ordered the military to produce two students of the University of the Philippines in Diliman who have been missing since June.

In a resolution, the High Court ordered Northern Luzon Command Commanding Officer Maj. Gen. Romeo Tolentino, and 7th Infantry Division Commanding General Jovito Palparan to produce before the Court of Appeals students Sherlyn Cadapan, Karen Empeno and farmer Manuel Merino on July 24, 2006 at 10 a.m.

Parents of both students have filed a petition for habeas corpus at the Supreme Court earlier this week. Concepcion Empeno said they are seeking the High Court's help as a last recourse. Efforts to locate the two students in Bulacan, north of Manila proved to be futile.

They told the Court that Cadapan and Empeno were abducted allegedly by elements of the Philippine Army at dawn on June 26, 2006 in Barangay San Miguel, Hagonoy, Bulacan.

"On the way out, the said soldiers also took Manuel Merino who went out to assist the girls and was instead brutalized and tied down and taken from an adjacent house," the petitioners said.

The petitioners also pointed out that there have been 181 abductions since the start of the Arroyo administration.

"...It is for this Honorable Court to weild the correcting hand ... and there will be others who will be abducted by bonneted men in the dead of the night; there will be those who will be killed by assassins- for their membership in the supposed communist fronts," the petitioners added.

Financiers Behind Failed Coup Plot Identified - DOJ

2006-07-14T02:48:00.000-07:00

Justice Secretary Raul Gonzalez today said financiers of the failed February 24, 2006 coup plot have been identified lending credence to the theory that there was indeed a threat against the government earlier this year.

Gonzalez declined to name names and instead described some of the ten alleged financiers.

"Some are businessmen, former government officials, one in particular aspires to become an ambassador," Gonzalez said.

The justice secretary further added that it was in the house of this ambassador wanna-be where the victory statement of B/Gen. Danilo Lim was videotaped.

Gonzalez declined to divulge how he got the names.

President Gloria Macapagal-Arroyo is said to be happy with the development according to Gonzalez. Upon his advice, the President ordered that all documents and evidence that have so far been discovered like the "Oplan Trident" be collated and evaluated by an inter-agency legal panel to determine criminal liabilities of the persons involved.

Gonzalez: No Deal With Lim

2006-07-12T01:59:00.000-07:00

Justice Secretary Raul Gonzalez denied that there was a concession made between the government and Brig. Gen. Danilo Lim during the closed door meeting which lasted for nearly an hour at the Department of Justice yesterday.

Gonzalez was speaking to GMA-7, one of two tv stations which were allowed inside the secretary's inner room, just minutes after the meeting ended.

Lim was quiet. Asked about his alleged involvement in the failed February 24, 2006 coup plot, he looked at his lawyer for his advice and refused to talk.

"We don't want to discuss anything that has to do with the coup. It's confidential," Gonzalez said.

Lim merely said that he was helping the department get a "bigger picture" behind the February coup plot. The Justice department is conducting a probe into the failed coup.

Gonzalez for his part said he was happy that Lim was talking.

"By listening to him, we can reach a mutual conclusion which I can present either to the President or the Cabinet," Gonzalez said.

"Nicole" To Testify Tomorrow

2006-07-05T01:46:00.000-07:00

"Nicole" covers her ears while listening to a testimony, June 9. (sketches mine)

The 22-year old Filipina who accused four American servicemen of rape is ready to testify tomorrow at the Makati Regional Trial Court in what is a major key point in the trial.

The victim's lawyer, Atty. Evalyn Ursua, said they have rehearsed what could happen during the direct and cross examinations which will start tomorrow.

"In the sessions, I pretend to be a defense lawyer. I shout at her. I try to intimidate her. Sometimes she forgets that I'm her lawyer," Ursua said.

Ursua said that "Nicole" (not her real name) knows that she has to do it however strenous the testimony can be.

"She told me that it's a fight for her and her family's dignity," Ursua said.

"Nicole" Speaks To GMA-7

2006-06-16T07:49:00.000-07:00

"Trial a torture," says 22-year old Filipina

For the first time since the Subic rape trial started, the 22-year old victim codenamed "Nicole" spoke to GMA-7, and confided to this reporter that the trial was "a torture."

On "Nicole's" request, only this reporter was allowed inside the van where she boarded after the trial. Only her psychiatrist, Dr. June Lopez and her brother were present.

"Nicole" said the marathon hearings being conducted in the Makati Regional Trial Court was hard for her.

"Torture talaga. Kinaya ko ang mga testimonies even if there was a point where I didn't want to attend the hearings anymore," "Nicole" said.

It is harder for her, she said, to see the four American servicemen whom she accused of rape in the courtroom.

"There's a time when I would look at the defense panel and I could not avoid glancing at them. And they'd glance at me too. I would see them smiling as if there's something. Iritang irita talaga ako. Gusto ko silang saktan," "Nicole" said.

"Nicole" has been trying to avoid the glare of cameras since the trial started. At every hearing, she would be seen wearing a hat, a jacket and a pair of sunglasses. She would be surrounded by decoys who dressed similarly. At other times, "Nicole" and her supporters would exit the Old Makati City Hall where the hearing room is located, via the fire exit.

Echegaray Should Not Have Been Executed - Chief Justice

2006-06-12T00:47:00.000-07:00

Supreme Court Chief Justice Artemio Panganiban said that death convict Leo Echegaray should not have been executed via lethal injection in 1999 because it was not proven that he was the father of the victim.

In a speech before the launch of the book "Legal References" before the members of the group Free Legal Assistance Group (FLAG) on May 31, 2006, Panganiban said Echegaray should have suffered the penalty of reclusion perpetua or life imprisonment.

"...the information alleged that the victim was the daughter of the accused "Leo Echegaray." It was proven during the trial, however, that he was not 'a father, stepfather, or grandfather" of the victim. Echegaray's penalty should have been reduced to reclusion perpetua" Panganiban said.

The Chief Justice said Echegaray's case is an argument against the death penalty. Panganiban has been a staunch anti-death penalty advocate.

In an ambush interview in Baguio City in April this year, Panganiban reiterated that the existing death penalty law was unconstitutional.

He had said that Congress was not able to show enough reasons for the restoration of the death penalty. The penalty has been abolished by the 1987 Constitution and was restored in 1993 under the administration of former President Fidel V. Ramos.

"He is now in the Great Beyond, and a correction of the judicial error can no longer resurrect him. I believe that the surreal outcome of this case reinforeces the strongest reason why the death penatly has no place in our statute books," Panganiban said.

Supreme Court Spokesperson Ismael Khan clarified Panganiban's statement amidst a spate of criticisms.

Khan in an interview with this reporter said the Chief Justice's statement should not be taken to mean that Echegaray was not guilty of rape.

"He was proven to be a rapist," Khan said. He clarified that what Panganiban said was the information was erroneous.

The information alleged that Echegaray was the father of the victim but was not proven in Court. This was a qualifying circumstance that made the crime heinous and thus warranted execution as penalty, Khan said.

"There was an error in the lower court's decision," he said.

Khan added that 75% of all cases that were automaticall reviewed by the High Court were modified.

US Embassy Prevents Witness From Testifying

2006-06-07T04:54:00.000-07:00

A US investigator failed to appear in the resumption of the trial of the rape charge filed by a 22-year old Filipina against four US servicemen at the Makati Regional Trial Court causing the prosecution panel to suspect that the American government was “delaying” the trial.

The defense panel was supposed to cross examine Naval Criminal Investigation Service Special Agent Ronald Beltz but he was a no-show. Prosecution laywer Emily de los Santos said he was not given a clearance from Washington. A second investigator was supposed to take the witness stand but was also prevented from testifying.

“They are ready anytime except that Washington has not cleared them,” de los Santos told the court.

De los Santos added that it was only Beltz who was covered by diplomatic immunity and not the second investigator.

Prosecution lawyer Evalyn Ursua did not take the non-appearance lightly. She asked the court to deduct a day from the one-year prescription period stipulated in the Visiting Forces Agreement (VFA).

The VFA states that the American government will not have any more obligation to make available the accused Marines if the trial goes beyond a year.

“It’s a slap on our faces. What this shows us is that the American government is more powerful than our government. We can continue with the process but they can do whatever they please,” Ursua said.

The 22-year old victim, “Nicole” not her real name, was present at the trial and so were the accused.

“Nicole” wore a khaki jacket over a black shirt, khaki pants and sandals. She also wore sunglasses and khaki hat.

On her way out of the courtroom, she was surrounded by supporters some of whom acted as decoy to evade photographers and television cameras.

The four suspects, meanwhile, brisk-walked to a waiting van.

Was It Consensual Or Not?

2006-06-06T04:48:00.000-07:00

(Top) In a sketch, Nicole is shown seated beside her psychiatrist Dr. June Lopez during the continuation of the Subic Rape Case trial. (Bottom) The four American soldiers accused of rape listen to testimonies of prosecution witnesses. Drawing mine).

The defense panel is moving to paint a girl who hung out with accused American soldiers and at one point "grabbed (main suspect) Lance Corporal Daniel Smith and kissed him on the neck" in "Nicole" (not her real name) while the prosecution panel is countering it by projecting Nicole as a victim who was too drunk at that time to fight off any sexual advances.

These are the two scenarios that emerged from the first two days of hearing into the rape charges filed by the 22-year old Filipina against four US servicemen.

At yesterday's hearing, defense lawyer Jose Justiniano, in a cross examination of prosecution witness Naval Criminal Investigative Service (NCIS) Resident Agent Ronald Beltz , asked Beltz to read part of the NCIS report where a witness recounted Nicole's behavior on the night of November 1, 2005 when the alleged rape occured.

Quoting from the document, Beltz said a certain Bamberger described "Nicole" as being too drunk and seated on Smith's lap. Asked how Smith's company got to know her, Bamberger said she "had grabbed him (Smith) and was kissing him on the neck."

But the victim's counsel, Atty. Evalyn Ursua said it was just a "trick of the defense" to quote a portion of the report to make it appear that it was what happened. "That's a trick. We don't know the context or who had said it," Ursua said.

During last Friday's hearing, the prosecution panel presented Tomas Corpuz, a guard at the Neptune Bar where Nicole and the suspects supposedly met, who said he saw Smith carry a visibly drunk "Nicole" and loaded her unto a green Starex Van.

Corpuz testified that prior to that, he had seen "Nicole" loitering at the bar's function area.

"Pasuray-suray s'yang maglakad," he recounted.

The victim's psychiatrist, Dr. June Lopez, said it was and would be especially hard for "Nicole" to be reminded, event by event, of what had happened to her on the night when she was supposedly raped.

"Of course, now that she had seen them (the accused Americans) she might have nightmares because she is again reminded of what had happened to her," Dr. Lopez explained.

Juday Pleads "Not Guilty" to Tax Evasion Charges

2006-05-22T19:14:00.000-07:00

Actress Judy Ann Santos pleaded "not guilty" to charges of tax evasion before the Court of Tax Appeals this morning.

Santos arrived with his brother, actor Jeffrey and new lawyer Atty. Remigio Ancheta. Ancheta replaced Atty. Bonifacio Alentajan as counsel. Santos refused to state the reason why she replaced Alentajan.

She is facing a P2.7-million tax evasion charge after the Bureau of Internal Revenue discovered that she hid almost half of her more than P 16-million income in 2002. She only declared P 8-million.

"I just want this case to be finished," Santos said after her plea.

Baguio Session

2006-04-27T02:00:00.000-07:00

Apologies for not updating. In Baguio now, awaiting for the last of three decisions, the decision on Presidential Proclamation 1017. (Photo above are the justice reporters in Baguio Country Club).

DOJ Downgrades Rape Case vs. 3 U.S. Servicemen

2006-04-18T04:09:00.000-07:00

The Department of Justice today downgraded the rape case against three American servicemen who filed petitions for review at the department.

S/Sgt. Chad Carpentier, Lance Corporals Keith Silkwood and Dominic Duplantis would be charged of being accessories instead of being principals to the crime of raping a 22-year old Filipina.

Only Lance Corporal Daniel Smith will remain as a principal suspect.

The Olongapo City Prosecutors Office has previously charged the four as principals.

Justice Secretary Raul Gonzalez explained that there was no evidence showing that the four conspired to rape "Nicole."

"I should have exonerated them but we're satisfying the mob," Gonzalez added.

Gonzalez said he would order Olongapo City Prosecutor Prudencio Jalandoni to file a new information before the Makati Regional Trial Court stating that the charges against the three have been downgraded but added that it was still up to the local court if it will accept the resolution.

"But it's very rare that it will refuse because prosecution always lies in the hands of the Secretary of Justice," Gonzalez said.

Atty. Jose Justiniano, counsel for Silkwood, said he was satisfied with the resolution and said this would bolster his client's claim of innocence.

But Atty. Evalyn Ursua, Nicole's counsel, said she would either oppose the resolution before the Makati court or directly appeal to the President.

Ursua added that the least that the DOJ could have done was to include the three as accomplices and not accessories.

"Accessories are those involved after the crime," Ursua said.

Ruffa Gutierrez Join Other Stars in BIR list of tax evaders

2006-04-07T03:48:00.000-07:00

parents
Originally uploaded by josephthaddeus.

Ruffa Gutierrez-Bektas and parents Anabelle Rama and Eddie Gutierrez are the latest showbiz personalities to be complained of tax evasion by the Bureau of Internal Revenue (BIR).

They are the officers of Royale Era Entertainment, Inc. founded in 1998.

Gutierrez-Bektas is the company's treasurer while her mom serves as managing director and her dad sits as company president.

The BIR found out that the company underdeclared its income in 2003 and 2004.

According to documents obtained from GMA Network, Inc. where the company got the earnings, the BIR discovered that Royale Era earned P2,240,677.06 but declared P 1,602,710.91 as income.

In 2004, the company earned
P 4,024,801.12 but declared only P 2,774,801.12.

The bureau said that the company owes P 3,285,397 in unpaid taxes due to the government.

"It could be higher. We're still tracing other incomes which this company is earning," Arnel Guballa, chief of the bureau's investigation division said.

Aside from underdeclaring its income, the company also did not file its Income Tax Return from 1998 up to 2002.

It also did not pay the corresponding VAT for earnings beyond P 500,000.00 and did not pay the annual registration fee worth P 500.00 since 1998.

The DOJ will conduct preliminary investigation into this complaint and will decide whether there is probable cause to warrant the filing of the case in court.

Rama refused to comment as she has yet to receive a copy of the complaint.

The President and the Supreme Court

2006-04-06T07:15:00.000-07:00

OPINION

The Supreme Court has just finished oral arguments on the legality of Batasang Pambansa 880 (B.P.880) and the Calibrated Pre-emptive Response (CPR) this week and is due to resolve the issue once memorandas by both the respondents and the petitioners have been submitted on April 17.

The issue on B.P.880 and the CPR is the last of three presidential

acts to be questioned before the High Court.

The issue on the legality of Presidential Proclamation 1017 and Executive Order 474 have been discussed in oral arguments on March 17 and February 21 respectively.

Supreme Court Spokesperson Ismael Khan indicated that if the Court does not decide on the matters before April 10, there's a strong chance that decisions will come out in Baguio City where the Supreme Court will hold its summer session there.

Resolving these issues is interesting because it puts to test the checks-and-balances between the Judiciary and the Executive. Whatever the decisions on these three will be may impact on the relationship of the Executive and the Judiciary.

When Chief Justice Artemio Panganiban was chosen by President Arroyo over the most senior associate justice who is Reynato Puno, some critics say, that with that act, the President has dipped her fingers into the Court. Some have gone further and said that she has just compromised the independence of the Court.

With appointments clearly subjected to the whims of the President (it being provided for by the constitution is of course a different matter), one cannot therefore be faulted if he reads motives into why the President appoints someone over somebody.

Right now, she has 10 appointees in the 15-member Court.

Deciding on these cases, all three being presidential acts, will be a chance for the Court to assert its independence or prove its critics correct.

The Pinoy and American Supreme Court

2006-04-05T03:01:00.000-07:00

Below is an article from The New York Times on the resistance of magistrates of the US Supreme Courtto allow television coverage of its hearings.

In the Philippines, there's what one may call regulated access or at least, when it concerns controversial issues subjected to oral arguments by the Philippine Supreme Court. I can recall at least five oral arguments, the most recent was yesterday when the legality of Calibrated Pre-emptive Response and Batas Pambansa 880 was tackled, where the Court has allowed limited access to the session hall.

Shortly before an oral argument starts, television cameras are allowed inside until after all the 15 justices of the Court have entered. Once the Chief Justice bangs his gavel, cameramen are by arrangement escorted out of the courtroom where only reporters are allowed to follow the proceedings (the longest oral deliberations lasted until 2 a.m. the next day). The public is also allowed to witness deliberations.

The merit of this set-up is that it allows the public to, at the very least, observe the workings of the Court, the third branch of government commonly regarded as the last bulwarck of democracy in this country.

It is interesting to observe how justices quiz petitioners and respondents on the issue, and while justices will be the first ones to say that their line of questioning does not, in any way, indicate their leanings which will determine the decision, it's still of value to observe how they construct their views on things.

It was former Chief Justice Hilario Davide who instituted the Public Information Office (PIO). Prior to his tenure, Supreme Court reporters are left to their own devices in looking for stories. One veteran reporter describes it like "awaiting manna from heaven."

Davide has envisioned a Supreme Court that is not detached from the populace. He had described it as the coming down of the so-called gods from Mt. Olympus and the opening of the fortress that is the Court.

2 Justices Indicate Supreme Court Is Unlikely to Televise Sessions

By LINDA GREENHOUSE
Published: April 5, 2006
WASHINGTON, April 4 — Television cameras are not about to enter the Supreme Court any time soon.

Justices Anthony M. Kennedy, left, and Clarence Thomas appeared Tuesday before a House subcommittee hearing in Washington.

That was the unmistakable message that two Supreme Court justices gave Congress at a hearing on Tuesday on the court's budget.

Several members of the House Appropriations subcommittee on transportation, treasury, judiciary, and housing and urban development, which handles the judicial branch's annual appropriation, raised the issue of television after Justices Anthony M. Kennedy and Clarence Thomas had finished discussing the court's $76.4 million budget request.

Last year, Senator Arlen Specter, Republican of Pennsylvania and chairman of the Senate Judiciary Committee, introduced a bill to require the Supreme Court to permit its arguments to be televised unless a majority of the justices voted to bar television on a case-by-case basis. Other proposals include mandating television access, or simply permitting and encouraging it.

Asked for his views on the subject, Justice Kennedy said it raised a "sensitive point" about the constitutional separation of powers.

"It's not for the court to tell Congress how to conduct its proceedings," and the reverse was also true, he said. He added, "We feel very strongly that we have intimate knowledge of the dynamics and the mood of the court, and we think that proposals mandating and directing television in our court are inconsistent with the deference and etiquette that should apply between the branches."

Justice Thomas was equally firm, warning that television in the courtroom would have a negative impact on the argument sessions.

"It runs the risk of undermining the manner in which we consider cases," he said. He added that some members of the court "feel more strongly than others," but that all agreed that the court should decide the issue for itself. "The general consensus is not one of glee," he said.

Justice Thomas also said that televising the court would raise security concerns, "as members of the court who now have some degree of anonymity would lose their anonymity."

The justices, who have been the court's representatives to Congress on budget matters for several years, appeared to relish the chance to elaborate on the television question. Justice Kennedy described the absence of cameras as a positive.

"We teach that our branch has a different dynamic," he said. "We teach that we are judged by what we write."
One member of the subcommittee, Representative John W. Olver, Democrat of Massachusetts, appeared taken aback by Justice Kennedy's fervor. "You've made it clear that you are part of the cerebral branch," Mr. Olver said.

SC tackles CPR

2006-04-04T07:33:00.000-07:00

Chief Justice says CPR is "not in the law"

At the end of the almost seven hours of oral arguments, a glimmer of hope shone for the petitioners against the controversial Calibrated Pre-emptive Response (CPR).

Chief Justice Artemio Panganiban in wrapping up the arguments told Solicitor General Eduardo Antonio Nachura if the CPR replaced the maximum tolerance policy.

Nachura said that the CPR merely enforces that policy and does not replace it.

"Will Sec. Ermita mind then, if we strike it out in the lawyer's vocabulary? It's out of place. It's not in the law," Panganiban said.

Nachura said no and said he was amenable to it.

But Atty. Theodore Te, counsel for petitioner Kilusan Para sa Pambansang Demokrasya, was not thrilled.

"B.P. 880 is still there, " Te said.

Te has reasons to be discouraged.

Justices of the Supreme Court seemed to be hostile towards Te who argued that B.P. 880 is a violation of the people's right to peacably assemble and the freedom of expression.

"It is a protected right," Te said.

But Associate Justice Leonardo Quisumbing quizzed Te whether the government has the right to protect itself using B.P. 880 and the CPR especially when rallies tend to call for the "destruction of the government."

"Assuming that government officials are convinced that the intent is the destruction of the government, can it not use it as a defense?" Quisumbing asked.

"If they're calling for the ouster of an administration, that's not destruction of the government. They are merely exercising their right to petition the government for redress of their grievances," Te answered.

But Associate Justice Angelina Sandoval-Gutierrez would not let up.

"If you don't want permits, how can you be so sure that there will be no anarchy?" Gutierrez asked.

But Te said, history would show that rallies have not deteriorated as such and that under B.P. 880, rallies are prohibited even before the content is determined when it should be that local government officials such as mayors only has to approve the rally.

The Supreme Court has given both parties until April 17 to submit the memoranda after which the issue is deemed submitted for resolution.

Velasco Appointed to SC

2006-03-31T05:30:00.000-08:00

Velasco Completes SC
Originally uploaded by josephthaddeus.

President Gloria Macapagal-Arroyo has appointed Court Administrator Presbitero Velasco as the 15th Associate Justice of the Supreme Court.

This brings to ten the number of appointees by President Arroyo.

Velasco, in an interview with this reporter said he was elated by the appointment having waited for it for the past four years.

Since 2002, Velasco has been one of the top three nominees of the Judicial and Bar Council.

The others who were nominated to the position were Sandiganbayan Presiding Justice Teresita de Castro, Solicitor General Eduardo Antonio Nachura, Court of Appeals Justice Roberto Barrios and resigned Solicitor General Alfredo Benipayo.

"This is God's blessings. It seems like there's a confluence of events. Benipayo resigned, Nachura was appointed to the Solicitor General's office, Presiding Justice de Castro, they say should finish the Estrada trial," Velasco said.

Only 57 years old, Velasco will serve the Supreme Court for thirteen years before he reaches the mandator age of retirement for justices which is 70.

UP tops 2005 Bar Exams

2006-03-31T02:42:00.000-08:00

Joan de Venecia, class valedictorian at the University of the College of Law topped the 2005 Bar Examinations with a grade of 87.22%.

Only 1,526 law graduates or 27.22% of the more than 5,000 graduates who took the bar in September passed the most rigorous government administered examinations.

"This is a dream. And as with anyone with a dream, when it comes true, you feel like you're in heaven," de Venecia said.

Below is the Top 10:

1. JOAN DE VENECIA, UP ( 87.200%)
2. JOMINI NAZARENO, ATENEO (86.4000%)
3. SHERYL MAY TANQUILIT, ATENEO (85.95%)
4. NYERSON DEXTER TITO TUALLA, MLQU (85.45%)
5. TASMIN RAE LUCILA, UP (85.35%)
6. GLADYS GERVACIO, UNIV. OF PERPETUAL HELP (85.300%)
7. CLAUDINE OROCIO-ISORENA, UP (85.2000%)
8. PEDRO JOSE BERNARDO, ATENEO (85.05%)
9. DEXTER CALIZAR, PHILIPPINE LAW SCHOOL (84.7000%)
10. JOHNSON ONG, FEU (84.6500%)

To view the complete the complete list of passers.

ABS-CBN Gets TRO vs DOJ

2006-03-28T04:59:00.000-08:00

The stampede left 71 people dead and some 900 injured
Originally uploaded by josephthaddeus.

Broadcast network ABS-CBN secured a restraining order from the Court of Appeals to temporarily stop the Department of Justice from investigating complaints of reckless imprudence resulting in multiple homicide and multiple physical injuries filed by victims of the deadly Ultra stampede in February.

CA Special 13th Division Justice Arturo Tayag granted the TRO and set a hearing for ABS-CBN's petition for a writ of preliminary injuction on April 24th.

ABS-CBN laywer Atty. Regis Puno claimed that the DOJ is biased because of Justice Secretary Raul Gonzalez' statement that owners of ABS-CBN may be held liable for the stampede.

"It's not for them to say that. Let the CA say it," Puno said in an interview yesterday during the resumption of the preliminary investigation at the DOJ.

DOJ panel head Senior State Prosecutor Leo Dacera maintained that his panel is impartial. But said they have no recourse but to follow the court's order.

SC Orders Transfer of Subic Rape Case to Makati

2006-03-28T02:36:00.000-08:00

Militants urge RP custody of the Amercian soldiers
Originally uploaded by josephthaddeus.

The Supreme Court ordered the transfer of the trial of the rape charge filed by a 21-year old Filipina against four American servicemen from Olongapo City to the Makati Regional Trial Court.

The Department of Justice on Monday requested the SC to transfer the trial due to unavailability of trial judges in Olongapo. Judge Renato Dilag who previously handled the case inhibited himself citing conflict of interest.

There are two more judges in Olongapo but Justice Secretary Raul Gonzalez said Judge Reynaldo Caguioa may also inhibit himself because his brother supposedly has connections with one of the counsels of the American soldiers.

A third judge, Avelino Lazo is due to retire in December which Gonzalez said, can delay the proceedings.

"We don't want to risk it. We have a one year prescription period to beat," Gonzalez said.

The Makati Regional Trial Court upon receipt of the SC order will raffle the case to a judge.

DOJ Seeks Transfer of Subic Rape Case to Manila

2006-03-27T04:11:00.000-08:00

Justice Secretary Raul Gonzalez is seeking the transfer of the hearing of the rape charge against four American servicemen from Olongapo City to Manila. This after Judge Renato Dilag inhibited himself from hearing the case earlier this month.

Gonzalez said there are only three judges in the Olongapo Regional Trial Court. Aside from Dilag, another judge has a conflict of interest because he has connections with one of the counsels of the American soldiers. A third judge can try the case but is due to retire in December.

"We don't want to risk it. Assuming the third judge hears it and retires in December the time without a judge can be charged against the one-year prescription period as laid out in the Visiting Forces Agreement," Gonzalez said.

The Supreme Court is due to tackle the request of the Justice Department during its en banc session on Tuesday.

DOJ: 4 U.S. Servicemen In Subic Rape To be Charged

2006-03-24T03:20:00.000-08:00

Justice Secretary Raul Gonzalez said his department will charge all four American servicemen charged with raping a 21-year old Filipina in Olongapo.

Apparently irked by criticisms brought about by his alleged pronouncements that charges against three of the four U.S. Marines will be dropped, Gonzalez said he will not acquit any of the four.

"I will not acquit. So I can satisfy the mob lusting for blood," Gonzalez said angrily.

He said US Marine Corporal Daniel Smith will definitely be charged as a principal suspect in the rape of the Filipina but charges against the other three soldiers will vary.

He also hit back at the mother of the victim saying emotions do not decide the case. "I will decide based on the facts of the case, whether she's the mother or the grandmother, I don't care," Gonzalez said.

The Department is studying petitions for review filed by Marine Corporal Keith Silkwood, Dominic Duplantis, and Chad Carpentier.

He showed this reporter a copy of the resolution but declined to divulge any of its contents except to say that at least one among Silkwood, Duplantis, and Carpienter will be charged as an accomplice which carries a penalty of 25 years in jail.

Gonzalez said he would release the resolution on March 27th.

"Batasan 6" Face Off With Hooded Witness

2006-03-23T06:09:00.000-08:00

Six partylist representatives facing rebellion complaints before the Department of Justice had a chance to meet face to face, literally, their accuser, self-proclaimed communist Jaime Fuentes.

Fuentes appeared wearing a yellow short-sleeved polo, cap and dark sunglasses but removed them before the partlylist congressmen led by Bayan Muna Representative Satur Ocampo. Fuentes was uppish in front of the respondents, crossing his arms most of the times and at one point, chuckling while talking to his police escorts.

He had accused seeing Ocampo and five other congressmen of conspiring with rebel soldiers and communist leaders to topple the administration of President Arroyo. He gained access to these so-called secret meetings because he was chief security of Bayan Muna Executive Director Vic Ladlad, one of those also accused of rebellion.

But Ocampo denied ever knowing Fuentes.

"He's a military asset. He's under the custody of the 74th Infantry Batallion. So what the military supposedly knows about us, they placed in his affidavit, so that's perjury," Ocampo said.

Bayan Muna Representative Teodoro Casiño said it was impossible for Fuentes to have been present in the alleged meetings, assuming they actually happened. "That's the first time I saw him. But in his affidavit he made it appear like we've known each other for a long time," Casiño said.

Fuentes was whisked by police escorts shortly before the hearing adjourned.

"He's a star witness whose luster won't last long. He will be destroyed," Casiño added.

The respondents' lawyer Atty. Romeo Capulong moved for the dismissal of the case claiming the complaint was defective as it was not subscribed to by the Philippine National Police-Criminal Investigation and Detection Group.

Capulong further noted that some of the respondents did not receive the complete copy of the complaint.

"These errors were pointed out not to cure them. But we ask that the complaint be dismissed," Capulong said.

But the DOJ panel headed by Senior State Prosecutor Emmanuel Velasco declined ruling on the motion and instead asked the respondents to file the proper manifestation in three days.

Batasan 5 Face Rebellion Complaint

2006-03-11T06:34:00.000-08:00

Five partylist representatives will face the Department of Justice on Monday for the preliminary investigation of the rebellion complaint filed against them by the police.

Eleven others are charged with rebellion alongside the five congressmen.

Senior State Prosecutor Emmanuel Velasco said they will conduct the hearing in Congress which was originally scheduled to be conducted in the DOJ. "Out of respect of the House," Velasco said.

But the five have not prepared their counteraffidavits yet because they still have to get a copy of the complaint on Monday.

Bayan Muna Representative Satur Ocampo said he is hoping they can go back to their homes after the preliminary hearing. The five have been holed up in the House of Representatives since being detained thirteen days ago.

Davide

2006-03-10T06:44:00.000-08:00

Philippine Journalism Review writes about former Supreme Court Chief Justice Hilario Davide report here. It has excerpts of interviews of media people who have covered him (namely me and the rest of the JUCRA people).

What Does Lifting Proclamation 1017 Mean?

2006-03-03T01:55:00.000-08:00

If Justice Secretary Raul Gonzalez is to be believed, there's not much difference between the situations before and after Proclamation 1017.

Speaking to reporters at the Justice Department minutes after President Gloria Macapagal-Arroyo lifted the controversial proclamation, Gonzalez said the only difference is there's no more threat of what he calls a "legal takeover" of the media and other businesses.

Gonzalez said prohibitions against "illegal rallies" would remain. "Well, if you have permits to rally, we can't stop you," Gonzalez said.

Warrantless arrests would continue in accordance to provisions in the law, he added. Media would still be monitored.

In fact, Gonzalez disclosed that the Department is transcribing commentaries made on television and poring through commentaries made in newspapers about Proclamation 1017.

"We'll see if any of the comments made could warrant the filing of a sedition or inciting to sedition case," G0nzalez said.

Gonzalez said that even if the President lifted the proclamation, it doesn't mean that she will not resort to it again.

"If it's necessary, we'll do it again," he said.

But petitioners want the Supreme Court to nullify and declare the proclamation as unconstitutional.

Kilusang Mayo Uno filed its petition against the proclamation yesterday and urged the High Court to rule on its legality once and for all.

"So the government can be deterred from issuing it again, if the act is illegal," KMU chief legal counsel Atty. Remegio Saladera.

Supreme Court Spokesperson Ismael Khan told reporters today that the oral arguments on the legality of Proclamation 1017 would push through as scheduled, on March 7, 2006 at 1 p.m. He declined however to speculate whether the High Court would still discuss the merits of the case or dismiss the petitions because the issue has been mooted by the lifting.

In February 2004, the High Court still decided on the merits of petitions against the President's proclamation of a state of rebellion in July 2003 at the height of the Oakwood mutiny. On August 1, 2003, President Arroyo lifted the proclamation but it did not stop the Court from ruling on its legality.

In the Court's decision penned by SC Associate Justice Dante Tinga, it said that as a general rule, Courts do not adjudicate cases that are moot as it only deals with actual controversies. But it can make certain exceptions as it did in the petitions against the proclamation of a state of rebellion.

" Nevertheless, courts will decide a question, otherwise moot, if it is “capable of repetition yet evading review," the Court said.

But Khan said it was not certain if the Court will do the same thing for Proclamation 1017.

"Let's just wait on Tuesday," Khan said.

SC Sets Oral Arguments on Proclamation 1017

2006-02-28T02:18:00.000-08:00

The Supreme Court has set oral arguments on the legality of Proclamation 1017 on Tuesday, March 7. It has ordered the respondent Malacanang to submit its comment on four petitions questioning the legality of the proclamation until 12nn of March 6.

Chief Justice Artemio Panganiban faced reporters today and said that the Court acknowledged the urgency of resolving the issue.

"Freedom of expression, of the press, and of speech occupy the highest importance in our Bill of Rights and any alleged violation of these merits the immediate attention of the Court," Panganiban said.

Before the Court are four petitions against Proclamation 1017. The first three were filed yesterday by University of the Philippines Prof. Randy David, Alternative Law Groups, Daily Tribune Publisher Niñez Cacho-Oliveros.

Broadcaster and former Senator Loren Legarda filed her petition today at the Supreme Court, the fourth against the presidential proclamation.

"We should not allow our civil liberties to be trampled upon," Legarda said.

She added that the proclamation was so vague and broad it should be declared unconstitutional.

"The police or the state has no right interfering in the press' power," Legarda said.

For her part, Olivares sought the Court's help in preventing the take-over of the newspaper. She also urged the COurt to ask the Philippine National Police (PNP) to pull out its men guarding the offices of the newspaper.

Malacañang however said that it does not seek to curtail freedom.

"There is a crackdown on anarchy and disorder, not on freedoms. Proclamation 1017 is not a tool for oppression but a shield of the state and the people against mob rule and the seditious use of the tools for public information to foment civil unrest," Presidential Spokersperson Ignacio Bunye said.

DOJ Conducts Own Investigation Into Stampede

2006-02-08T04:52:00.000-08:00

Investigation
Originally uploaded by josephthaddeus.

The Department of Justice today admitted that it could not proceed with the preliminary investigation into criminal liabilities arising from the Ultra stampede which left 74 people dead and more than 700 injured.

Chief State Prosecutor Jovencito Zuño said they needed a complaint from the Inter-agency Fact Finding Team but what the team turned over to the department yesterday was just a report of what had happened during the stampede on February 4, 2006.

"We cannot use it as a basis for preliminary investigation. There was no offense alleged and there were no one recommended for prosecution," Zuño said.

He added that the report lacked documentary evidence like medico-legal report, death certificates and police reports.

The DOJ had wanted to return the report to the fact-finding team but decided instead to form another panel of prosecutors to evaluate the report. This panel will work closely with the National Bureau of Investigation (NBI) and will be different from the first panel of five prosecutors who was tasked to conduct preliminary investigation.

"The report of the fact-finding team will serve as a jump-off point but the prosecutors will look into other angles. The NBI will determine criminal culpabilites," Asst. Chief State Prosecutor Richard Anthony Fadullon.

Fadullon said the new panel was given 10 days to evaluate the report and suggest loopholes which the NBI could plug.

Atty. Marius Corpuz, head of the fact-finding committee said it was not their task to recommend charges against those which the committee perceived to be responsible for the tragedy.

"We may have thought of some people who should be charged but we refrained because it's the DOJ's job," Atty. Corpuz said.

US rejects RP's demand for custody

2006-01-17T02:11:00.000-08:00

The United States, through its embassy in Manila, rejected the demand of the Philippine government to turn over the custody of four American servicemen charged with raping a 21-year old Filipina.

In a reply to the November request by the Foreign Affairs Department, the US Embassy in Manila said they are availing of the provision in the Visiting Forces Agreement that said they could keep custody of the suspects until the end of the judicial proceedings.

"... the U.S. Government shall continue to exercise custody until completion of all judicial proceedings as provided for by Article 5, paragraph 6 of the Visiting Forces Agreement," the note verbale stated.

With this, the US has also effectively rejected the warrants of arrest issued against the four American servicemen.

Olongapo City Prosecutor Prudencio Jalandoni, in an interview at the Department of Justice this morning said the department would not contest the position of the U.S Embassy.

"What is more important is to ensure that justice is done for the victim," Jalandoni said.

Jalandoni added that they are looking forward to the setting of the arraignment next week, now that the issue on the custody has been laid to rest. The American government, he said, has committed to producing the suspects in at least two important instances during the trial: the arraignment and the pre-trial. After these, the suspects need not appear, he said.

In a related development, private prosecutors announced their withdrawal from the case saying their commitment was up to the preliminary investigation of the case.

Atty. June Ambrosio and her team of lawyers from the Child Justice League said however that this should not be taken to mean that the victim has waivered in her conviction to pursue the case.

"It was just special accomodation which we extended to the Department of Social Welfare and Development. The deal was to ensure that the case reaches the court. If we focus on this case alone, we might neglect other child abuse cases that we're handling," Atty. Ambrosio said.

Jalandoni said he did not mind the withdrawal but said he would appreciate it if the private prosecutors would turn over the victim to him so they could start interviewing her to prepare her for the trial.

Lozano Revives Impeachment Complaint

2006-01-11T04:16:00.000-08:00

Atty. Oliver Lozano is filing an impeachment complaint against President Gloria Macapagal-Arroyo when Congress resumes session next week. Lozano has consolidated all his seven complaints and the opposition's amended complaint which were previously thrown out by the House Committee on Justice.

Lozano said he is doing so to pre-empt an impending coup d'etat which was revealed to him by a client.

He said resorting to the impeachment is a better alternative than a coup d'etat. "Let's use the force of law," Lozano said.

But Lozano may be facing a technicality.

The Supreme Court clarified that no proceeding can be initiated against the same government official twice within a period of one year.

"It's stated in Article 11, sec. 3, paragraph 5 of the Constitution," Atty. Gleo Guerra said.

Lozano had filed his complaint on June 27, 2005 and was dismissed September last year.

Ombudsman Has "Mercy"

2005-11-30T03:36:00.000-08:00

Gutierrez and Arroyo
Originally uploaded by josephthaddeus.

President Gloria Macapagal-Arroyo appointed her Chief Legal Counsel Merceditas Gutierrez as the next Ombudsman to replace Simeon Marcelo whose resignation takes effect today. Gutierrez is the first woman Ombudsman in the country's history.

Gutierrez' appointment came amidst criticisms about her supposed closeness with the First Family. Aside from being the president's counsel, she is also a batchmate of First Gentleman Mike Arroyo at the Ateneo Law School Class of '72.

"I want to tell them that I cannot be approached for favors or be bribed," Gutierrez said shortly after Malacanang announced her appointment.

But anti-corruption groups are wary of her appointment.

PlunderWatch's Atty. Marichu Lambino said her group is wary how Gutierrez can function given the fact that there are several plunder complaints lodged at the Ombudsman against the President. Two of these complaints stemmed from the alleged use of the fertilizer fund and the PhilHealth Card funds for the President's 2004 election campaign.

"The Ombudsman is the one of the more sensitive positions in the government. He's tasked with prosecuting erring public officials including the President. The one who should be appointed to the position should be perceived as independent," Lambino said.

Another group, Transparency and Accountability Network (TAN) which monitored the selection process for the Ombudsman conducted by the Judicial Bar Council said it doesn't doubt the integrity of Gutierrez but is also concerned about her perceived closeness to the President.

"An Ombudsman should be independent so the people can trust him/her," TAN Chairman Vincent Lazatin said.

But former colleagues of Gutierrez at the Justice Deparment said they could vouch for her independence and integrity.

Gutierrez entered the Justice Department as state counsel in 1983 and rose from the ranks to become Acting Secretary before being appointed as Chief Legal Counsel.

"I have worked for her for twenty years, and I can tell you she has her own mind. She is independent," Asst. Chief State Counsel Antonio Abanilla said.

"I know the President cannot approach her to do things that she doesn't want to do because she knows Sec. Gutierrez is independent," State Counsel Mildred Bernadette Alvor said.

Gutierrez was chosen from the JBC list which included Sandiganbayan Presiding Justice Diosdado Peralta and Deputy Ombudsman for Luzon Victor Fernandez.

Garci Makes Presence Felt at SC

2005-11-25T05:18:00.000-08:00

For two consecutive days now, hiding former COMELEC Commissioner Virgilio Garcillano has been making his presence via petitions before the Supreme Court.

Atty. Eddie Tamondong who claims to be Garcillano's friend said he was asked by the former commissioner to represent him. Tamondong filed today a petition for prohibition and injunction against the House of Representatives to prevent the use of the alleged wiretapped conversation as its basis for the committee report of the "Hello Garci" probe.

Tamondong, who bore with him a petition signed by Garcillano himself, had also filed a petition to nullify the arrest warrant issued by the House of Representatives.

In their petition filed today, Tamondong said the wiretapped conversation was illegal and was not admissible as evidence in any court proceedings according to the Anti-Wiretapping Act of 1965 (R.A. 4200). As such, Tamondong asserted, the wiretapped conversation should not be used as a basis for the report.

"How can it make a valid committee report based on an inadmissible, illegal evidence?" Tamondong asked.

Tamondong also asked the Supreme Court to order the House of Representatives to strike out any references to the alleged wiretapped conversation in the committee report.

He quickly corrected implications that Garcillano was indirectly admitting that he was the voice in the controversial tape since he wants to stop its use. The Anti-Wiretapping Act supposes that only victims of wiretapping may file a case against those who produced the recording.

"He's not admitting to it. But everyone is going around town saying it was him. So that makes him a proper party to file the petition. And besides, any person may file a complain of violation of the Anti-Wiretapping Law," Tamondong said.

If Garcillano is in hiding, that is because of the arrest warrant issued by the House, Tamondong explained.

"That arrest warrant is an open invitation for murder. If anything happens to him then, the person who authored this warrant may be charged for being a principal by inducement," he said.
He sought the nullification of the order saying the subpoena was not properly served and therefore Garcillano should not have been cited for contempt.

--
Phoenix_rising covers the Supreme Court, Justice Department, National Bureau of Investigation and the Court of Appeals for GMA Network, Inc.

Arroyo: "Protect the Dignity of This Country"

2005-11-08T04:05:00.000-08:00

Militant groups condemn the rape of a 22 year old Filipina by six US Marines in Subic, Olongapo City on November 1.
Source: www.bulatlat.com

Justice Secretary Raul Gonzalez today said President Gloria Macapagal-Arroyo called him up and ordered him "to protect the dignity of this country" in reference to the rape case of a 22-year old Filipina by six US Marines.

"That speaks volumes. I take it to mean that we have to respect Philippine laws while following the provisions of the Visiting Forces Agreement," Gonzalez said.

This is the first time the President has ever spoken on the issue. She has come under criticisms from various militant women's organization over her perceived silence on the issue.

"It appears, she didn't want to rock the boat as it were," Senate Minority Leader Aquilino Pimentel said in a television interview. Arroyo is perceived to be a staunch ally of the United States.

The rape case, a first since the VFA was enacted by the Philippines and the United States, is said to be a litmus test of the treaty.

Mendez, charged

2005-10-25T01:46:00.000-07:00

The Department of Justice recommended the filing of tax evasion charges against Dr. Joel Mendez, owner of "Weigh Less and Spa" chain of beauty spa.

Chief State Prosecutor Jovencito Zuno said there was probable cause that Mendez willfully did not declare his income tax return for the years 2001-2002 while he misdeclared his income for the year 2003.

The total tax deficiency income tax of Mendez is pegged at P 3,379,041.65 exclusive of penalties, surcharges, and interests for the said three years.

SC lifts EVAT TRO

2005-10-18T05:52:00.000-07:00

Supreme Court
Originally uploaded by josephthaddeus.

The Supreme Court today lifted the temporary restraining order on the expanded value-added tax law paving the way for its implementation.

In its 9 page resolution, the Court said the law was constitutional and it has no power to stop it.

"So long as there is a public end ... the means through which such end shall be accomplished is for the legislature to choose so long as it is within constitutional bounds," the resolution said.

SC Spokesperon Atty. Ismael Khan said the justices barely changed their earlier positions on certain issues raised against the law.

"They (petitioners) failed to convince the justices. Those justices who dissented before simply re-affirmed their dissents," Khan said.

Among the issues were the deletion of the "no pass-on provision" in the bicameral conference committe report.

Petitioners argued that the bicam should not have deleted the provision claiming there was no conflict in the House and Senate versions.

But the Court defended the bicam by saying it had every right to settle differences in the version of the bill.

The Court also upheld the granting of provisional authority to the President to raise the vat rate from 10% to 12% in 2006 based on the recommendation of the finance secretary.

In R.A. 9337, the Finance secretary is given authority to determine factors such as the Gross Domestic Product (GDP) and revenue collections.

Petitioners had contested the recommendatory powers of the finance secretary saying it is an "undue delegation of legislative powers."

But the Court dismissed the argument saying finance secretary will merely determine if the factors are present to raise the vat. He/she will not exercise discretionary powers.

BIR Commissioner Jose Mario Bunag meanwhile said, the government may start collecting additional taxes on November 1.

He will meet with Finance Secretary Margarito Tevez tomorrow to finalize their plan.

SC to rule on MR vs EVAT tomorrow?

2005-10-17T03:16:00.000-07:00

The Supreme Court may rule on the motions for reconsideration against the earlier SC decision upholding the expanded VAT law.

Supreme Court Spokesperson Ismael Khan said the justices will hold their final deliberations on the petitions and may come out with a decision as early as tomorrow afternoon or on Wednesday.

Freedom Delayed

2005-10-12T02:13:00.000-07:00

After a grueling nine-hour oral argument before the Supreme Court (SC), National Security Adviser Norberto Gonzalez failed to secure his liberty and remains under custody of the Senate.

This, after the SC delayed deciding on the petition for writ of habeas corpus filed by Gonzalez on account of some unresolved issues such as the executive privilege and Gonzalez continuing refusal to divulge the names of those who referred the controversial Venable LLP contract.

Sen. Joker Arroyo, chair of the Senate blue ribbon committee blocked Gonzalez' move to reveal the names to the justices "in camera" (in chamber, an equivalent of an executive session).

"I don't know how it will be useful for the court, but it will be useful to us," Arroyo appealed to the justices.

SC Chief Justice Hilario Davide, Jr. suspended the session for five minutes and returned with the ruling that they will not decide on the matter yet. Davide said the court will wait for the memorandum of the Solicitor General which will, among other things, enlighten the court on who could invoke executive privilege.

Invoking executive privilege emerged as a possible key to Gonzalez' freedom.

"If the President invokes that. then we will be hard put ... (we may be forced) to release Gonzalez," said Arroyo in an interview with justice reporters.

The Palace has indeed invoked it but the problem was, Arroyo said, it was only Executive Secretary Eduardo Ermita who wrote the Senate.

"I was once an executive secretary and I know, that kind of letter was meaningless," Arroyo told the justices.

Arroyo would like to know if it was the President herself who wanted to invoke executive privilege.

Executive privilege is warranted concerning sensitive matters that have serious national security implications.

Another option for Gonzalez was to take a leave, according to the Court.

Associate Justice Artemio Panganiban asked Atty. Antonio Bautista, Gonzalez' counsel, if his client wanted to take a leave instead of asking the Court to release him.

Gonzalez cited health and humanitarian reason in seeking for his release.

"He can take a leave and be free. If you wait for us, it will take us days or even weeks (to decide on that)," Panganiban said.

State Of Emergency Draft

2005-10-10T05:08:00.000-07:00

The government is ready to take-over vital public utilities such as power, tranportation and telecommunications in case of a crisis.

Justice Secretary Raul Gonzalez today disclosed to justice reporters that a formal draft for the proclamation of a state of national emergency has been prepared.

This was the same document, Gonzalez said, that was rumored to have been a draft proclamation of martial law.

Gonzalez earlier said he had asked his staff to research the legal basis for a government take-over of public utilities.

"It has evolved into a declaration of a state of emergency," Gonzalez said.

The five-page document, he said, is entitled "Proclamation Declaring A State of National Emergency."

The basis, he said, is Sec. 17, Art. 12 of the Constitution which says that the "(government) can temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest. "

But Gonzalez said the government is not about to declate a state of emergency. He said factors such as widespread terrorism and rebellion should be present. "Not even the high price of oil would warrant such a declaration," he said.

Gonzalez added that this is very different from a martial law proclamation.

"The only ones who will be affected will be the vital industries. Civil liberties will not be affected," he said.

The Masters That Pull the Puppet's Strings

2005-10-07T03:43:00.000-07:00

The Justice Department theorized that opposition leaders are behind the spying activities of arrested FBI intelligence analyst Leandro Aragoncillo and his alleged conspirator former Police Sr. Supt. Michael Ray Aquino.

Justice Secretary Raul Gonzalez has instructed the National Bureau of Investigation to look into the money trail that could lead up to who are possibly paying Aragoncillo in exchange for the documents.

ABC News in the United States citing official sources in the White House said Aragoncillo stole documents "damaging to President Gloria Macapagal-Arroyo," when he was still a staff of then US Vice President Al Gore.

Because of this, Gonzalez said, the government should take interest in the case.

Gonzalez added that he was particularly interested to know if former President Joseph Estrada and Senator Panfilo Lacson have connived with Aragoncillo to obtain the documents.

"The mere admission of Erap (Estrada) that he got three documents, and Lacson said he received documents also, are proof of their alliance," Gonzalez said.

If proven, officials who conspired with Aragoncillo can be charged with sedition or espionage in the Philippines.

Resources:
US DOJ statement on the indictment
Charge sheet vs. Aragoncillo and Aquino

Charged

2005-09-30T01:41:00.000-07:00

Actor Richard Gomez is charged with tax evasion for failure to declare his income for four years.

The Department of Justice (DOJ) today recommended the filing of tax evasion charges against actor Richard Gomez at the Court of Tax Appeals after it found probable cause that the actor "feloniously fail to file his income tax return with the Bureau of Internal Revenue."

The information sheet signed by Prosecutor Lawrence Chua-Cheng accused Gomez of not filing his income tax return for the years 2000 up to 2003.

The charge stemmed from a complaint by the BIR filed on April 14, 2005.

Investigations conducted by the BIR revealed that the actor earned some P3-million pesos from the year 2000 up to 2003. He earned P1,822,222.18 from ABS-CBN2 in 2001; P1,022,222.22 from ABS-CBN2 and GMA7 in 2002; and P166,666.70 from ABS-CBN2 in 2003.

Gomez had earlier claimed that he did not file his income tax for the years 2000, 2001 and 2002 because he had no income.

In 2003, he said he had donated his earning to Harte-Beest Inc., a company which Gomez had divested from in favor of his manager Douglas Quijano.

Constitutional Crisis?

2005-09-29T05:39:00.000-07:00

A group of lawyers today warned that an executive order issued by the President yesterday may bring about a constitutional crisis because it is an "encroachment on the authority" of Congress to investigate.

Alternative Lawyers Group, Inc., a group of 17 legal research non-government organization said E.O. 464 limits the power of the Congress to investigate.

"It is unconstitutional. It's an upfront of the authority of the Senate," Atty. Marlon Manuel, the group's spokesperson said.

He added that they are studying the possibility of raising the question to the Supreme Court.

But Justice Secretary Raul Gonzalez, Jr. defended the order.

"Why (will there be a constitutional crisis?)? It did not say we will not appear in investigations. It merely says that when we are called on, we have to seek the permission of the President," Gonzalez said.

He disclosed that he was part of the core group of cabinet members who crafted the executive order. He was with Executive Secretary Eduardo Ermita, Presidential Chief Legal Counsel Merceditas Gutierrez, and National Defense Secretary Avelino Cruz.

Gonzalez said that the order was constitutional as it has been provided for in Ssec. 22, Art. 6 of the Constitution.

Former President Corazon Aquino, Gonzalez said, has issued a similar order. Memorandum Order No. 112 was issued on September 29, 1987 (Arroyo's was issued on September 28, 2005).

"For those who feel that a constitutional crisis will be reached, you can go to Court," Gonzalez dared.

No Stopping Now, Take-Over Draft Ready

2005-09-28T06:45:00.000-07:00

Justice Secretary Raul Gonzalez, Jr.
Originally uploaded by josephthaddeus.

Justice Secretary Raul Gonzalez Jr. disclosed today that the legal research conducted to find basis for a government takeover of public utilities has ended and that a five-page document has already been prepared.

Gonzalez refused to divulge the contents of the document to justice reporters but assured that the document was not a pre-cursor to a declaration of Martial Law as was the fear of some sectors.

"It's ready. I can just pull it out the moment the President needs it. Martial Law was not contemplated there. We're not even thinking of emergency powers," Gonzalez said.

Cebu Cong. Tony Cuenco earlier told Gonzalez to stop what he called a "Machiavellian research."

"Who is he to tell me what to do? You are just creating your own Frankenstein monster. They're the ones scaring the wits out of people" Gonzalez refuted.

Gonzalez reiterated that the document just outlined the legal basis for a take-over in case a crisis breaks out.

The take-over, he said, is justified by Article 12, sec. 17 of the Constitution.

Malacañang meanwhile said, that it knows of Gonzalez' research and found nothing objectionable.

Executive Secretary Eduardo Ermita said it was perfectly normal for any department secretary to conduct pro-active studies.

No Martial Law; Gov't Takeover, Yes

2005-09-26T04:31:00.000-07:00

Two officials of the Department of Justice today faced justice reporters to deny allegations by ex-Solicitor General Frank Chavez that they had drafted a document which was short of proclaiming martial law.

Atty. Benny Nicdao, Justice Secretary Raul Gonzalez' chief of staff, and State Prosecutor Jaime Umpa said it was impossible for them to have been entrusted (to draft) such a "sensitive document."

"There's no truth to the claim that there is a draft proclamation of martial law," Nicdao said.

But Nicdao did confirm that Gonzalez instructed them to explore all possible options, not for a martial rule, but a government takeover of public utilities such as power and oil corporations.

Gonzalez said that he thought of exploring legal justification for such an act just in case President Gloria Arroyo seeks it.

"Si Presidente mabigat magtanong. (She throws very difficult questions). And if she answers for you, mapapahiya ka (it's embarrassing)," Gonzalez said.

He said he asked Nicdao to look into Article 12, sec. 17 of the
Constitution. The section grants the President the power "during the emergency and under reasonable terms prescribed by it, (to)temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

"If she declares martial law, I will be the first one to resign. But there's no such plan. His source is pulling his leg and briefs," Gonzalez said.

Chavez on Saturday divulged that one of his sources in the justice department told him that Nicdao was preparing the draft. Two others sources outside the deparment have confirmed the existence of the document, he said, but admits that he didn't have an actual copy of the rumored proclamation.

watch news video report here at iGMA.tv

The Lazarus Act

2005-09-23T05:27:00.000-07:00

Lawyers Seek SC Help in Reviving Impeach Move

Pro-impeachment lawyer Atty. Harry Roque and several others including Cebu Representative Clavel Martinez (4th District, Cebu) today sought the intervention of the Supreme Court in reviving the amended impeachment complaint.

In their petition for certiorari, the lawyers argued that the original Lozano complaint should not have been recognized by the House Committee on Justice because it was "stricken with a basic jurisdictional defect."

They argued that the complaint cannot be considered as properly verified and endorsed by a member of the House of Representatives. The petition stated that the constitution requires that a complaint be filed and endorsed at the same time. They contend that the Lozano complaint was endorsed by Rep. Rodante Marcoleta, two days after it was filed.

"This is a jurisdictional defect that effectively deprives the House of Representatives of any jurisdiction over the original Lozano complaint," the petition said.

The petitioners insisted that it was only the amended complaint which was sufficient in form and substance.

They asked the Supreme Court to nullify the act of the House of Representatives and direct the House of Representatives to remand the amended complaint to the Committee on Justice.

See post also on DocketFiles