BREAKING NEWS: Pasay RTC Judge issues warrant of arrest vs Arroyo
Contrary to the announcement of Supreme Court Spokesman Midas Marquez that the High Court voted 8-5 reiterating the temporary restraining order on the Watch List Order of Justice Secretary Leila de Lima issued on former President Gloria Arroyo and her husband, a highly reliable source said the tribunal, voting 7-6, actually declared its Nov. 15 TRO inoperative following the failure of the Arroyo camp to comply with all the conditions set by the court.
The seven who voted that the TRO is inoperative were Senior Justice Antonio Carpio, Associate Justices Maria Lourdes Sereno, Bienvenido Reyes, Estela Perlas-Bernabe, Jose Mendoza, Martin Villarama and Roberto Abad.
The six who stood firm on the TRO were Chief Justice Renato Corona, Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin and Jose Perez.
The source said the Arroyo couple did not comply with the second condition requiring that the former First Couple appoint a legal representative to receive subpoenas, orders and other legal processes on their behalf while they are abroad.
The two other conditions were a bond of P2 million each and a requirement that they report to Philippine consulates in the countries they will visit. The legal counsels of the Arroyos also have to coordinate their travels.
In an early evening interview, Marquez explained that it’s true that in a vote of 7-6 the justices found the TRO was inoperative because the conditions set by the court were not met.
However, he said, by the same vote, the High Court also decided that “there is no need to suspend the effectivity of the TRO.”
The Department of Justice last week placed Arroyo, her husband and about 40 others accused of electoral sabotage in the 2007 elections on the watch list. Their suspected involvement in the poll fraud in North Cotabato, South Cotabato, and Maguindanao is being investigated by a joint panel of the Commmission on Elections and DOJ.
The Department of Justice last month placed Arroyo, her husband and about 40 others accused of electoral sabotage in the 2007 elections on the watch list. Their suspected involvement in the poll fraud in North Cotabato, South Cotabato and Maguindanao is being investigated by a joint panel of the Commmission on Elections and DOJ.
In anticipation of the electoral sabotage suit that government was to file, the DOJ ordered the Arroyos put under the Watch List Order, the legality of which was questioned by the couple before the High Court, which issued a TRO on the WLO last Nov. 15. Justice Secretary De Lima, however, defied the TRO and barred the Arroyo from leaving the country.
In an early afternoon press briefing, Marquez announced that in a special en banc , the High Court, voting 8-5 rejected the Solicitor General’s motion for reconsideration on the TRO.
Marquez also said the court ordered Arroyo lawyer Ferdinand Topacio to submit a supplemental compliance indicating his authority to receive court summons and other processes as legal representative of former President Arroyo.
The SC also directed Justice Secretary Leila de Lima to show cause within 10 days why she should not be held in contempt of court for refusal to comply with the TRO issued by the Supreme Court and for disrespect towards the SC.
The High Court also rejected the Arroyo camp’s motion to schedule earlier the oral arguments on the Arroyos’ petition to lift the watchlist order and declare as illegal Department of Justice Circular No. 41 paving the way for scheduled oral arguments on Tuesday
Exciting. Suspense. Parang EDSA all over again. But played out in the courts. A replay of that EDSA scene with the helicopters over the military camps. Ramos jumping up and down. Mistakenly. Tanks arriving. Ang kulang na lang ang mga tao sa kalsada, at mga vendors. Whew. Heart attack tayo nito.
I hope that Prosecution will REALLY work the cases to the utmost … Baka lumabas pa nyan later on… E NOT GUILTY dahil mahina ang prosecution!
Marquez (Justice Midas, not Juan Manuel) has explained that the TRO remains. That’s as far as the WLO is concerned. The Electoral sabotage case has not yet reached the Supreme Corrupt, I mean Court, so it is an entirely different matter.
What was voted 7-6 is on the issue whether Arroyo has FULLY COMPLIED with the requirements, i.e., that the couple has authorized Atty. Topacio to accept all summonses on their behalf, the Court said “NO” voting 7-6.
On the question if the TRO has been suspended until Topacio’s full compliance, the Court voted “NO”, voting 7-6.
Ellen, the TRO remains and was not reversed, contrary to your source’s info.
Tongue na naman, huwag mo nang palangin pa at labas na ang paa ng sotang bastos. Baka mamamaya niyan, paghila ng baraha ay sotang oros ang lumabas.
Tini-RO ng SC ang D5 WLO
Pero, “Tini-RO”din ni D5 ang TRO
Humiling ng CDO ang mga arroyo
Subalit sa RTC natiklo si glo
Imbes na hinihintay na HDO
Naghain ang RTC ng WoA
–Huh? Nawala yata ang rima…
Eh, SOOO WHAAATTT…
The Supreme Court did a John Marshall. It gave the Executive a graceful exit, bought it time to apply for a warrant of arrest, but did not rule on the TRO.
Ang lusot, as Tongue pointed out, Arroyo did not comply with the TRO requirements. Ang dali pa naman ng hindi kinomply, assign somebody to receive Court processes (papers). Sa pagmamadali, nakalimutang i-appoint si Titong Mendoza. Ang babaw, but it saved the day.
Now, since the Executive has the warrant of arrest, the SC can do what is right, declare the watchlist unconstitutional.
Now you know why the Americans think CJ John Marshall was the greatest.
Note, dalawa ang bumaligtad. They thought of the institution, not themselves, or Arroyo. Hats off to you Your Honors.
Naku. Dahil pala sa itlog hindi nakatakas.
The ball generous lawyer went with the Arroyos to the airport, walang iwanan daw. Pero naiwan ang trabaho – draft a power of attorney, whereby the Arroyos appoint him to receive all court processes for and in their behalf. Tapos, file that in court.
He was willing to give his ball, but not his time.
An egg, an egg. My freedom for an egg.
napahiya ang hambog at garapal na batangueno, he he he. sayang lang pag putol sa foreign trip mo mr. cj.
winner si de lima !! she got balls.
Tongue, if it was not complied with, then it’s “inoperative”. Right?
Yung earlier news, tama yung source ni Ellen, dahil si Sereno mismo ang nagsabi na “Mali si Marquez”. Nung una, 7-6, hindi compliant si Topacio at ang pagkakaintindi ng majority ay “on hold” ang TRO hanggang ma-comply. Sabi yan ni Sereno.
Sa 4:30 news conference ni Marquez, ang sabi niya ay “The TRO is still in effect. That is what the majority told me.” Not the exact words, but very near.
Ano ba talaga, Kuya? Gulo ninyo a?
Maaring tama on both counts.
The TRO is there, but it takes effect, as far as the enforcement on the Arroyos, if the conditions are complied with. Since they did not comply, the TRO effect has not been triggered.
If the TRO is lifted, there is no need to comply, puwede silang makaalis even without complying with the bond and appointment.
Sa madali’t sabi, in effect, but with no effect.
In plain Tagalog, “Basta, huwag kayong aalis, while we sort it out.
Ellen, that is Lacierda’s and De Lima’s claim, dahil kahit pa merong oral arguments sa Tuesday, nai-issue na ang TRO last Tuesday (o Wednesday?) pa. As far as the SC is concerned, the denial of the MR of OSG does not change the status of the already effective TRO. Pero mali talaga yung mag-ooral arguments pa pero pinayagan na nilang makaalis sila Arroyo.
Ang issue ng gobyerno ay tatakas, pero pinayagan mo munang lumayas saka mo aalamin kung bakit sinasabi ni De Lima na tatakas. Ngayon di sila magkaintindihan kung on hold o hindi.
Buti na lang De Lima wasn’t the first to blink. Meron nga lang siyang show cause order ngayon. Baka siya ang gantihan ng mga kampon.
Nandito yung sinabi ni Sereno:
https://www.facebook.com/notes/moveph/supreme-court-justice-tro-is-suspended-pending-compliance/179631688795141
Nandiyan na rin yung kay Marquez naman.
Ang gulo diba?
Paktay na. “If the TRO is lifted, there is no need to comply, pwede na silang makaalis…”
Baliktad yata, sax. If the TRO (against WLO) is lifted the WLO stays in effect, lalong di pwedeng umalis, diba?
Magno, di sila lulusot sa akin sa barahang Kastila (sakla). Yung Sotang Bastos ay apat ang guhit sa border sa taas at sa ibaba, ang Sotang Oros ay isang derecho lang. Yan ang una kong tinitignan habang pinipintahan.
Pag nagbago yung guhit bugbog sarado ang balasador.
# 13
True. I stand corrected.
So the new majority kept the TRO, so that they can later declare the watchlist unconstitutional. Pero may graceful exit na ang Executive.
Si De Lima, humingi siya ng tawad. She has the majority now, so they will heap sermons on paper, you must obey the Court, as on office of the Court, you owe the Court, not us, personally, respect, blah, blah, blah, tapos bibigyan siya ng admonition.
Oks na rin.
I am bothered by midas marquez’s tone.
He is doing everything in so many words to convolute the issue while just barely hinting that: 1. the TRO is in effect, no matter the insufficient compliance from arroyo, specifically topacio; 2. while TRO is in effect, it is a different matter together the effects of the charges on Paranaque RTC, which effectively bars gloria arroyo from traveling (if it were even possible not state this – Gloria being barred from travel – I guess Marquez would not have done so). At the same time, he is forceful and unequivocal in stating that de Lima MUST comply and show cause (insert boring legalspeak here blablabla…)
Is it difficult to state that the the criminal case filed on the Paranaque RTC bars Arroyo from leaving the country? Why the hesitation to be direct about it. Isn’t the SC supposed to be neutral? Why does it tiptoe in declaring statements contrary to the interest of Arroyo, while direct, even accusative towards the executive branch, especially de Lima?
In no particular order of significance, I want to ask these layman questions(snv, tongue, and others if you could please respond, thanks):
1. Given that a part of the conditions of the TRO (in Marques words, “only the word ‘receive'”) was not complied with, is the TRO still in effect, only by virtue of a vote among the Justices?
2. In relation to the above, can any decisions by the Supreme Justices, be in effect, even though it does not meet the textual/technical/material conditions provided by the law, but by mere credit of a vote among said justices?
3. Will this specific experience with the TRO-in-effect-despite-insufficient-compliance set a precedent in future decisions?
4. Can the government still file charges against arroyo pertaining to the garci 2004 elections? How will the result of this “2007 election sabotage” case affect the proposed garci case in the future? (Honestly, I am praying to all the gods and dieties that de Lima better not be a trojan, and, more importantly, they have something more substantial as evidence than arroyo’s careless whisper to a election operator to make them win 12-0.)
5. Although this did not happen earlier due to the WoA, if in the future a similar situation occurs and provides arroyo a window to escape amidst the legal confusion, what power does the government have to bring her back?
In other news, I wonder how topacio is now?
Baka si mike arroyo na mismo ang kumapon sa kanya!
it will now be a day-to-day legal battle.
TGIF today. With glee and tensions running high the whole day we all need to rest now.
thanks for the blog and comments…
When all things considered as I have stated the strategies of the underestimated Secretary ofJustice works and worked to perfection. She bought the time with calculated risk to her self and her employer and the strategy worked. It’s all in a game and this one the stake is enormous. So far a job well done. More work to do. Keep the struggle..the pain is worth it.
Nasabi na ito noon at parang sirang plaka nang ulitin pero itong TRO brouhaha ay may kinalaman sa katotohanang Arroyo was not the real winner in her election against FPJ. The real winner was FPJ. At siempre, the appoinments by a fake president including her appointees to the supreme court are illegitimate due to her illegitimate appointing power.
Itong administrasyong sinto sinto ang sabi ay kailangang pakinggan muna itong Motion of Reconsideration nila bago tanggapin nila ang TRO ng Supreme Court. Kaya sabi ng mga diehard ingots ay mali ang procedures ng Supreme Court.
Ano naman ang ginawa ng Ingot at tamad ninyong presidente kay Gloria? Pagka sampa ng kaso tungkol sa comelec ay within hours ay inaresto agad ni wala man lang right to file motions from respondents.
Sinto sintong Orwellian thinking itong pekeng presidente ninyo. Mas mahalaga sa inyo ang Rule of Ingots kesa Rule of Law.
Gigising si Ingot ng mga 11am. Darating sya sa palace ng 12p. Mag lunch sya ng 12p-2am, kasama na ang siesta doon. Tapos alis na sya sa palace ng 4p. So, isang araw ay dalawang oras lang mag trabaho ang tamad na yan tapos ay magtatanong kayo kung bakit walang naisampang kaso kay Gloria sa loob ng isa at kalahating taon? Sino kaya ang Ingot si Noynoy o diehard Ingots?
Isa din ba itong si Midas sa SC mob, kasama ng otso otso gang? Saying something different from what the real thing is, is outright misleading. Eh kung hindi lumabas yung warrant of arrest, eh di lagot na! Nakalabas na si pandak!
Being defiant for a reason is probably the best trait of de Lima. Kung macocontempt na rin lang siya ng SC, eh di itinuloy tuloy na niya ang hindi pagsunod sa TRO the next time around after the government filed the MR and the SC voted anew on the TRO. Job well done de Lima!
Four of the 8 justices who voted in favor of the TRO for the pandak wont be retiring until 2014 and 2016. Matagal tagal pa ang bubunuin ni Pnoy at de Lima sa mga ito. Pnoy and de Lima will really have a tough time with cases filed with the Supreme Court(on the pandak and family)with the composition of the Supreme Court as it is for now as these justices seem to be favoring the pandak.
Xman, isa lang ang gusto kong gawin ni Pnoy, ang maglinis ng gobierno, sampahan ng mga kaso ang mga magnanakaw at mandurugas. Kung isang minuto lang niyang gagawin ito, masaya na ako. Ang presidente ng republika ay hindi kawani na kailangang mag-log in at mag-log out. It is the quality of time one puts in his work. Performance is best if one works on his own pace. Isa na ako sa mga nandyan sa category na yan. I can not work efficiently in the morning. From noon to midnight, I work best. The president is not required to tie himself to his desk. He has to just manage. He has an overwhelming mandate to run the country as he sees best. The Filipinos voted him into office, hindi niya ito ninakaw na katulad ni pandak.
So what to do we learn from this circus?
There is the oft-repeated quote that “the law is a jealous mistress”. And this has been proven by the events.
The other concubine here is the media. Those who were seduced by the flashier concubine failed to take care of the mistress, so the mistress dealt them a loss.
First among them is the one-ball lawyer. He was required to file the power of attorney, empowering him to receive court processes (papers) for and in behalf of the Arroyos. But he was more interested in appearing before the media, to trumpet their victory, and even offered one of his gonads as guarantee that the Arroyos would be back.
He forgot to file his compliance, however, so it provided basis for two justices to switch their votes, and not allow One-ball’s clients to leave, because they had not fully complied with the conditions of the TRO. He had three days to file the compliance, before the en banc session of Friday. But he was too busy basking in the attention of the other concubine.
The other is the DOJ and the COMELEC. Preliminary investigations only require an affidavit from the complainant, and the counter-affidavit from the respondent. After that, a resolution could be made. But the DOJ wanted some action, and it held joint hearings with the COMELEC. That again was telegenic, but not according to law, for it is the COMELEC that is authorized to conduct the preliminary investigation. So the investigations were in danger of being annulled for following incorrect procedure, because some people wanted the limelight.
Having discovered this viable line of defense, the Arroyo lawyers, including the Pig himself, went about talking to the media, about the infirmity. They could have kept it to themselves, and sprung it on the government after charges had been filed. This would have been basis for the preliminary investigation and the finding of probable cause to be invalidated by their lackeys at the Supreme Court, because the DOJ has no authority to conduct the investigation of an electoral offense.
The basis for the nullification of the finding of probable cause would have been Raul Gon’s case as the former Tanodbayan, versus Governor Zaldivar.
They got what they wanted – media attention. But the COMELEC was alerted, so it went solo, and found probable cause. That’s that for a viable defense and another TRO.
So when one flirts with the other concubine (media), he gets what he wants – attention. But he loses focus, and the mistress, the law, exacts its vengeance and the swain is dealt a loss.
A photo-op, a photo-op. My winning case for a photo-op.
Ano ang sabi ni Ms. Tordesillas tungkol sa kaso na isasampa ng DOJ-Comelec laban kay Arroyo:
Mahina ang ebidensya ng DOJ-Comelec laban kay Arroyo
http://www.ellentordesillas.com/2011/10/23/mahina-ang-ebidensya-ng-doj-comelec-laban-kay-arroyo/
So, ano ang ibig sabihin nyan sa pagsampa ng kaso ng mga incompetent ingots laban kay Arroyo? PR lang yan, for public consumption only. In short, it is just a propaganda lawsuit. Masyadong mahina ang ebidensya kaya siguradong panalo si pandak.
Binabawi ko na dalawang oras lang na nagtatraboho si ingot na tamad dahil nalimutan kong isama na naglalara pa nga pala yan ng video games kaya imbes na two hours na nagtatrabaho yang tamad na yan ay 2 minutes per day lang ang trabaho nya…..hahhaha
Xman, re#27.
Meanwhile, even if the case is weak, nakakulong si GMA because electoral sabotage is not bailable. Hindi pwedeng magpyansa. Until the case is dismissed. By that time, tapos na siguro ang six-year term ni Pnoy.
That was what they did to Sen. Trillanes and other Magdalo officers.
GMA, Esperon and company insisted in filing coup d’etat charges against re Oakwood incident even if many of the elements of a coup were not present in that incident because coup is not bailable. Gusto lang ni Arroyo mabulok sila sa kulungan.
They even got 9 of the officers (Gambala, Maestrocampo, et al ) to admit that they committed coup d’etat. Sa awa ng Dios, the Magdalo was able to delay the verdict until Arroyo was out of Malacanang. The judge decided not to render the verdict after PNoy granted all the military officers that stood up vs Arroyo amnesty.
But they were in prison for more than 7 years!
nice one snv.
Ellen, gulong nga naman ng palad oh!
I’ve updated the main article. Events are unfolding, so I’ll try to update stories here as much as I can.
Soooooo whaaaaaaat …. Is the difference between the 2 votes ? an ” inoperative” TRO and “notsuspending the effectivity of the TRO ” ???
Forgive my pea sized brain asking this stupid question so early in the morning … No amount of caffeine can improve.
Masayang masaya ako para kay Trillianes/Magdalo,the Tanay Boys and to all those whose lives this evil duo destroyed one way or the other! Nakaganti na rin kayo kahit papaano. Crime does not pay, it will always come back to bite you!
Shouldn’t Marquez be cited for contempt of court for releasing erroneous/misleading statements, specifically those contrary to an official ruling?
SNV, isn’t the oral argument on the TRO on Tuesday useless coz the SC already ruled on the TRO anyway and also a warrant of arrest barring pandak from leaving is already in place?
I am also bothered with the SC’s expeditious resolution of the cases of pandak and fatso. They work with the speed of lightning! What if on Tuesday they will rule that the joint Comelec/Doj case is not constitutional? Pandak wont have any case at all and with the TRO in place, the pandak can quickly leave. Tapos ang kwento!
I am also banking on this…though there’s a quite obvious arroyo counter argument to this. The TRO-8, I suspect, will again use this counter argument like what they did in issuing the TRO to the WLO – appreciating the arroyo assertions (medical condition) as truth thereby using “The Right to Life” angle.
The “victory” yesterday will bide time for the government to recoup for the battles in the days ahead. The government must stop telegraphing its punches…
Si Gloria gustong makapunta ng Singapore ngunit di pinayagan at sahalip ay naka hospital arrest. Samantalang si Erap ay namamasyal sa Singapore at pa shoping shopping nalang.
Erap: “That’s karma.”
Tsk, tsk! Bilog talaga ang mundo.
Me: “Buti nga sayo Gloria! Belat”. 😛
http://www.abs-cbnnews.com/video/nation/11/18/11/estrada-calls-arroyos-arrest-karma
Isip eskul bukol ito. Sa usapan dito sa Ellenville tila sabi ng mga eksperto sa batas , pinalabas at pinairal ang TRO ng korte suprema kahit hindi natutupad lahat ang kanilang requirements. Isang mababaw na requirement hindi raw Natupad, kaya hindi operative yung TRO. Matapos magngangalgal at magdadabog ang supreme court dahil hindi sinunod ang TRO nila ng DOJ. Si Mike at Gloria ba may makakaligtaang requirement sa kanilang 10 taong galing magplano. Kahit natupad nila lahat ang requirement ng TRO, pero sabi ng korte ay HINDI Kaya bang pumiyak, magreklamo sila Gloria at kanilang abogado laban sa Korte suprema? Sasabihin ba nilang ito ang mga papeles may tatak tinanggap ninyo? Alam naman nilang tuloy pa ang mahabang laban.
Issue the TRO saying the requirements are met, then make a lot of noise when it was disobeyed, then again say it is inoperative because one small requirement was not met by a former president and highly paid lawyers. Without the DOJ and OSG calling attention of the SC to such anomaly.
Pakilinaw nga mga taga Ellenville.
sino? alin bang oficina o institusyon ang
parang nahulaan ni De Lima na magiging
laughing stock of the world.
Can SC Spokesman Midas Marquez now be asked why he should not be charged for confusing everybody in the Court of Public Opinion?
psb (re #36), The TRO isn’t useless. They preserved it to make possible the injunction on WLO power of the DOJ permanent by rendering it illegal. That will be decided on Tuesday.
When the TRO was being deliberated yesterday lunchtime, the Warrant of Arrest was still inexistent but the justices surely were informed by their staff that the electoral sabotage case has been filed. That could have turned the tide and made 2 justices realize Gloria was screwed so there’s no point in defending her now. They had to find that little loophole of technicality to squeeze their fat asses into and out the other side.
No they will not rule on the Constitutionality of the Comelec/DOJ joint investigation as no such case has been filed. (The SC has already invalidated the Davide Truth Commission and these joint investigations are the result.) Assuming there’s one, on what grounds? The DOJ, represented by NBI, most of the time conduct joint investigations with other gov’t agencies. Will they make all those cases invalid, including those that have been decided?
The arroyos are now banking on jurisdiction, they want the case in Pasay RTC nullified. Since, they claim, it belongs to the Sandiganbayan.
Hmmm. Sino naman kaya ang palamunin nila doon sa Sandiganbayan? Home court advantage ang tawag dun sa sports.
My new favorite quotes courtesy of Dean Raul Pangalangan:
“Judge Marshall has made his decision, now let him enforce it” – US Pres. Jefferson
Also:
“History has shown that when the referee is punching alongside a boxer, the Filipino people have been ready to throw away the rulebook and reclaim their ultimate authority at Edsa.”
# 36
The TRO is not useless. It allowed the Pig to go.
I am hoping, actually, that the circular is declared unconstitutional, so that OFWs will no longer be offloaded. If the executive is declared not to have the power to prevent foreign travel, offloading will stop.
The defense that the COMELEC DOJ investigation is unlawful? Hindi rin pala viable, under this provision.
Sec. 265. Prosecution. – The Commission shall, through its duly authorized legal officers, have the exclusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same. The Commission may avail of the assistance of other prosecuting arms of the government: Provided, however, That in the event that the Commission fails to act on any complaint within four months from his filing, the complainant may file the complaint with the office of the fiscal or with the Ministry of Justice for proper investigation and prosecution, if warranted.
Batas Pambansa 881
Sorry Topacio talo ka.
BTW. Since Mike left, in the event that he does not return, do you owe the media have a ball as guarantee?
Yung Sandiganbayan angle, talo din. The Sandiganbayan has general jurisdiction over all offenses in connection with the performance of duty.
The Election Code is a specific law covering only one species of offenses, election offenses.
Sec. 268. Jurisdiction of courts. – The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code, except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other criminal cases.
BP 881
The specific always prevails over the general. Talo ulit Topacio.
How do you know if the argument is viable? Kung si Titong Mendoza ang nag-argue. Note wala siya sa eksena, because he will not stake his reputation on an indefensible proposition. Yung TRO, tama yun, that is why Titong was lead lawyer. Now, it is the wannabes in charge.
From journalist Inday Espina-Varona (on FB):
There is the argument that the Sandiganbayan has jurisdiction, not the RTC, because it is alleged to have been committed by a public official. This is a misunderstanding of the jurisdiction of the Sandigan. The additional element is that the offense is in relation with the office.
By relation to office is meant that the offense was committed while performing the duties of the official. For example, a bribe is taken in approving a contract, or a judge takes a bribe to issue a TRO.
But cheating is not a function of the President, so cheating is not in relation to the office.
The Supreme Court clarified this as follows:
Any private citizen could have paid or threatened Ampatuan to cheat for him, so it is not an offense cognizable by the Sandingan, because being a public official is not an essential element of the offense.
Talo na naman, Topacio and Lambino. Kahiya-hiya lang ang ganyang argumento.
Of course, pumapatak ang metro, so oks na rin.
Let’s wait and see how they will interpret this…
RA 9369 (Amending RA 8436)
January 23, 2007
Section 43 amended Section 265 of BP 881:
Black’s Law Dictionary defines “concurrent” as:
“Having the same authority; acting in conjunction; agreeing in the same act; contributing to the same event; contemporaneous.”
Thanks for the info. Para na rin akong nasa law school nito. I am learning a lot!
In other words medyo malabo ang defense ni pandak. Mahihirapan siyang mag-home court dito. Nagdududa rin ako kung bakit gusto niya sa Sandiganbayan. But I am not surprised coz I remember that when Erap was convicted, meron siyang mga instant appointees doon. Kaya siguro niya gusto sa SAndigan bayan para “friendly” sa kanya na katulad ng Supreme Court na may mga “otso otso” justices. Nice try pandak!
Also, nagdududa rin ako kung
Please delete the last paragraph.
Knowing that pandak’s camp has tons of money (stolen) to burn, they can hire the best lawyers and pay corrupt judges. Sana naman itong may hawak ng kaso niya eh hindi corrupt kundi “moro-moro” na naman ang labas.
Mga karagdagan sa maliwanag na pagtuturo ni SnV…
POSITIVE
1. Sec. 268 of BP 881 tells us that the RTC has jurisdiction to try and decide any election offense.
2. Election offenses are enumerated in Sec. 261 and Sec. 262 of BP 881.
3. Additional election offenses will be found in RA 6646 which amended sections 261 and 262 above.
4. Electoral Sabotage (as a very special election offense to prevent a repeat of the “2004 electoral cheating”) will be found in Sec. 42 of RA 9369.
5. RA 9369 is widely known as the poll automation law.
6. Sec. 4 of Article XI, Accountability of Public Officers, of the 1987 Constitution states:
“
”
7. Sec. 5 of Article XIII, Accountability of Public Officers, of the 1973 Constitution states:
“
”
(Emphasis mine.)
NEGATIVE
1. PD 1486 (creating the Sandiganbayan) refers to RA 3019 (Anti-Graft and Corrupt Practices Act) and RA 1379. Violations enumerated in both Republic Acts do not cover election-related offenses.
2. PD 1606, a revision to PD 1486, did not say that the Sandiganbayan has jurisdiction to election offenses.
3. RA 8249 further defined the jurisdiction of the Sandiganbayan. The Act did not cover election-related offenses.
Baycas, yung negative mo, positive kina Pnoy at de Lima.
oo, psb.
lahat yan naaayon sa government side.
alam nila Topak-siyo at Lambi-noh yan….nagkukunwari lang na tama sila.
magbabakasakaling makalusot…lalo na kung katig sa kanila ang SC.
siyempre, dadagdagan pa nila ng dirty tactics…