This is a two-pronged attack and there’s no way that the High Court headed by the Chief Justice Renato Corona, closely identified with Gloria Arroyo, could win.
Of course, Malacañang had a hand in it. If President Aquino frontally attacked Corona in public, it’s easy to imagine what his people are doing behind the scene.
But in Philippine politics, that’s par for the course.
Malacañang must have delivered the message so convincingly that even the chair of the House’s committee on justice, Iloilo Representative Niel Tupas Jr. , was surprised by the overwhelming vote of 40-7 finding the long-pending plagiarism complaint accusing Del Castillo of betrayal of public trust sufficient in substance.
Seven months ago, the complaint barely made it through. In a close vote of 11-10, the 55-member committee declared the impeachment complaint sufficient in form.
We are happy that the comfort women Lolas, the complainants in the impeachment complaint, will have a good chance to obtain justice, not necessarily the compensation that they were demanding from the Japanese government but from the injustice that they suffered from the High Court especially from Del Castillo,the ponente of the decision dismissing their case.
CenterLaw’s Harry Roque, lawyer of the Lolas, issued a statement saying “Our clients – the Comfort Women – are grateful to the House Justice on Committee for showing that the legislature will not stand for dereliction of duty and betrayal of the public trust committed by members of the land’s High Court.”
Roque said “The impeachment complaint lodged against Mariano Del Castillo is for a plagiarized and twisted decision involving the denial of a legal remedy to those who were raped by the Japanese during World War II. Denial of a legal remedy through plagiarism and misrepresentation is betrayal of public trust.”
“Plagiarism being an incident of intellectual slothfulness is dereliction of duty, and where it also involves misrepresentation – in that the ideas copied from others were twisted to suit a contrary opinion – it is tantamount to a betrayal of public trust twice over,”Roque further said.
It was dismissed by Japanese courts saying that the Philippine government must sponsor their claims. Thus in 2004, the Lolas filed suit in the Philippine Supreme Court to compel the Philippine government to espouse, or sponsor their claims for compensation from the Japanese government.
On April 28, 2010, the High Court in a decision penned by del Castillo said the Court greatly sympathized with the cause of petitioners but “ Regrettably, it is not within our power to order the Executive Department to take up the petitioners’ cause. Ours is only the power to urge and exhort the Executive Department to take up petitioners’ cause.”
The Court upheld the position of the Executive Department, then under Arroyo, that the Lolas’ claims “were dealt with in the San Francisco Peace Treaty of 1951 and the bilateral Reparations Agreement of 1956.”
Roque, with the help of UP Law students, found a number of provisions cited by del Castillo and concurred in by nine justices including then Chief justice Reynato Puno and now Chief Justice Renato Corona lifted verbatim from other articles without any attribution.
Roque said not only did Del Castillo plagiarize.” In this controversy, the evidence bears out the fact not only of extensive plagiarism but also of twisting the true intents of the plagiarized sources by the ponencia to suit the arguments of the assailed Judgment.”
Roque filed a petition before the SC against Castillo’s theft of other author’s works but it was dismissed by the High Court blaming Bill Gates’ Microsoft program.
The case created a side issue when the High Court reprimanded faculty members of UP College of Law headed by then Dean Marvic Leonen (he is now the chief government negotiator with the Moro Islamic Liberation Front) for issuing a statement asking del Castillo to resign.
This is the second attempt of the House of Representatives to impeach a member of the Supreme Court, a co-equal body. In 2003, the House impeached then Chief Justice Hilario Davide for corruption and misuse of the Judicial Development Fund based on two impeachment complaints.
Davide was saved by his own court in a questionable decision that declared the impeachment complaint unconstitutional arguing that only one impeachment proceeding can be initiated in one year.
Bad luck for Del Castillo. His colleagues could not save him. His patron, Gloria Arroyo, is also not in a position to save him.
The House action on the complaint versus del Castillo, whether part of Aquino’s bigger campaign to “reform” the judiciary, has renewed the hope of the surviving Lolas for justice,
God indeed works in mysterious ways.
This is the right way in dealing with the Arroyo SC. Not thru ranting and mob rule. It should follow the right process and this is the right process. Impeachment.
There are some suggestion that people would do a “Occupy Supreme Court” which to me is kinda stupid. We would be asking for trouble and surely chaos and anarchy will rule the streets.
A bit OT:
Just saw on the news that the VMMC room that Gloria is going to stay. WTH are they giving so much importance and VIP treatment to that little girl? I mean yes, she’s obviously sick but why a presidential suite? An ordinary room would suffice IMO. Only in the PH. Haysssss…….
“Malacañang must have delivered the message so convincingly that even the chair of the House’s committee on justice, Iloilo Representative Niel Tupas Jr. , was surprised by the overwhelming vote of 40-7 finding the long-pending plagiarism complaint accusing Del Castillo of betrayal of public trust sufficient in substance.”
Kung hindi nagtaray si Pnoy, mangyayari kaya ang “right way of dealing with the Arroyo SC”, Mike?
This is a warning to Corona and the gang of 8 in the SC that if they err in deciding FOR the pandak, they will suffer the same fate as del Castillo. This clearly shows that Congress is with Pnoy in reforming the SC which has gotten so partisan now, known as pandak’s SC. Let us see if the SC will rule on the joint DOJ-Comelec favourably for the Filipinos and not only for the pandak.
This case is just an instrument to show the SC that indeed they are not “above the law”! I will be very happy for these women who may just have a few more years on earth if the decision on their case will be reversed.
#3
?Kung hindi nagtaray si Pnoy, mangyayari kaya ang “right way of dealing with the Arroyo SC”, Mike?? – Chi
Kahit hindi nag taray si PNoy, I believe that his allies in congress will still support PNoy in impeaching those who needed to be impeach. The taray incident I think is for drama effect only.
It’s so easy to convince the congressmen to support him without going into theatrics. Thats how people in congress works, they follow the leader.
During GMA’s stolen term, her allies (now PNoy’s) always tow the line. Remember how many times the impeachment against her was always aborted because the congressmen then follow her every instructions no matter how unpopular it was then?
Pag di sila sumnod sa bossing nila, wala or ibibitin ang kanilang pork barrel. It worked for Gloria then, I’m sure it will work for PNoy too. 😉
sometimes i wonder bakit kailangan pang sabihing nakakulong si Gloria tapos isang napakagandang suite sa VMMC ang kulungan niya. parang mali to ah. Kaya nga pinarurusahan eh tapos bibigyan ninyo ng suite!
The case of the Lolas has got nothing to do with whether or not the Supreme Court was pro or anti Gloria. The case was filed to compel the Executive to file a claim against Japan.
The conduct of foreign relations is the sole domain of the Executive. The Supreme Court has not authority, whether under the law, or the Constitution to interfere in an area that is the exclusive domain of the Executive; there are some areas where there is concurrence by the legislature – posting of Ambassadors, for instance; also Treaty making.
Even the Cory Supreme Court would not have found the power to compel Cory to act one way or another in the area of foreign relations.
Now that the Glue is gone, Noy can easily file the claim. So why hasn’t he filed it yet?
Huwag ihalo ang mga issues. Emotional ang dating nitong usapan na ito; na pro-Glue si Corona, kaya talo ang mga Lola. Talo ang mga Lola, dahil walang authority to compel ang Kataas-Taasang Hukuman sa larangan ng ugnayan sa ibang bansa.
# 5
If the decision were reversed, then the SC will be compelling Noy to file a claim in Japan.
But Noy can do that if he pleases. There is no need for compulsion now.
Although the impeachment case against SC Justice Del Castillo is not directly related to Aquino’s present issues with the Supreme Court, indirectly I think it is. The timing is obvious. The sudden overwhelming show of force is obvious.
It is a shot across the bow of the Supreme Court.
The message is “you guys aren’t as untouchable as you think you are.”
@Mike
The Aquino Government seems to have the number in the lower house. What about the upper chamber?
Impeachment is one way to go. Not easy, not fast; The other is kulitin hangang maconsensya. (Assuming thats still possible; with Corona and Del Castillo having showing not one shred of Shame DNA in them).
If the SC can send a between the line message, I think the other two branches can react also between the lines and formally.
And contrary to people insisting speaking out against the SC is already mob rule. This is democracy. Its places that when the high court speaks, you can’t say anything afterwards.
Remember, its check and balance that differentiates our system from those ruled by dictatorship or a junta/single party.
#11 good insight especially keeping emotions in check.
And i agree, the comfort women can just approach the executive branch today and say, help us. Aquino can’t say we need to wait decision, because the decision/interpretation is a reaction to an executive (former Arroyo) stand. Aquino can then change their stand.
However, isn’t the issue also about plagerism? and walang hiya 🙂
# 15
The issue in the Lola case is only about compelling the Executive to file a claim against Japan, nothing else.
Plagiarism is an issue in the impeachment case. Again, ihiwalay ang mga issue.
Nothing wrong with the substance of the decision, it in fact did not need the plagiarized portions. Pa-impress lang yung plagiarized portions, para tipong erudite kuno.
#3
?Kung hindi nagtaray si Pnoy, mangyayari kaya ang “right way of dealing with the Arroyo SC”, Mike?? – Chi
#6 Kahit hindi nag taray si PNoy, I believe that his allies in congress will still support PNoy in impeaching those who needed to be impeach. The taray incident I think is for drama effect only. – Mike
the taray was really needed not to convince the allied congressmen.. but for the people, who need to understand the situation… kung bakit kailangan patalsikin ang mga asshole sa supreme court.
isa pa, kung walang taray na naganap sa MBC at sa Natl Justice summit… yung action ng house against SCJ Castillo at ang possibleng pagsampa ng impeachment complaint against Corona, sigurado, ang sasabihin ng mga kampon ni Gloria, “Si Pnoy, gumaganti sa SC dahil sa HL ruling”. sino ngayon ang madrama, di ba ang SC? although, unanimous ang decision… bakit ngayon lang nila nilabas? matagal ng overdue yan eh…
kailngan ipaliwanag sa tao ang sitwasyon, yan ang dahilan ng pagtataray.
i tend to agree with atty. sax. All that our government needs to do is to file a claim para sa ating mga lola 🙂
yan eh kung talagang gusto nila! yung mga katarantaduhan na ginawa nila pandak at mga alipores nito..the government can very well go after them all kaso masyado lang mabagal itong si de lima..bigayan kasi lagi eh. laging last minute tapos sa hustisya ni corona babagalan na naman. niloloko ang taong bayan mapagtakpan lang ang kanilang katakawan…they are all the ruling class afterall..the only way to change this is for people to do something about it para bilisan…kahit papaano pnoy is listening..tanong hanggang saan? people can change governance for the better kailangan lang maging matalino at kumilos para sa kapakanan ng bayan!!!!
@Chijap, #14:
Actually, they won’t have any problems with the senate. Mid term elections is just around the corner and those senators will play what the mob wants. 😉
@Perl, #17:
The people in fact will support any move to impeach the SC justices appointed by Gloria even without the drama.
OT ulit:
Langhiyang bulilit na yan. Namili pa ng sasakyan papuntang VMMC. Takot at walang tiwala sa chopper na ibinenta ng kanyang asawa sa PNP. Mag stroller ka nalang!
Hangggang ngayon panay pa rin ang drama ni pandak. Pwede ba kaladkarin na lang yan. Meron bang preso na namimili pa ng services? Now she should feel the anxiety that those people she falsely detained felt.
funeral car ang gamitin para smooth na smooth ang biyahe…hahaha . . .
#22 Horn is the most twisted person i’ve seen so far.
First she claims a threat to GMA’s life, now she questions what threat, if land transportation is taken.
Babae sya and dapat nga igalang, pero sometimes sobra na. To say they are not causing the delay but they obviously are. Its pretty obvious natural na sa kanya magsinungaling.
Check out the part where a reporter actually questions her about her doubts about a threat (the reporter was asking with regards to her own PTLGTS).
She insisted “baril” and see her reaction. Yan ang tunay na Horn; one who demeans people because she feels like it.
She is not what you call a public servant. She should be taught manners and to be put to some form of character education.
#20 that’s an assumption. and if for some reason the numbers did not work sa senate, would it not backfire and now the SC would look down more on the Aquino government?
I’m not saying its the wrong path; formally it is, but sometimes its better to win the war by not going into battle.
Erap made fun of GMA avoiding the chopper. Baka daw yung 2ndhand ang pinapasakay kay GMA.
HILING NA PAG-AMIN (kay Gloria Macapagal Arroyo)
Ni: Arvin U. de la Peña
Mga katiwalian mong ginawa aminin mo
Huwag kang mahihiya sa kapwa mo pilipino
Kung patuloy kang di magsisiwalat sa mga mali
Lalong magdududa ang maraming tao.
Masarap ang pakiramdam ng walang tinatago
Magaan ang loob dahil walang pinag-aalala
Kahit saan pa pumunta hindi mahihiya
Maituturing pang isang bayani.
Huwag matatakot sa mga madadamay na malapit sa iyo
May kasalanan rin sila kaya dapat pagbayaran nila
Huwag hayaan na ikaw lang ang madiin sa kaso
Hindi iyon patas lalo at ikaw ay dating pangulo.
Matuto na magpakatotoo dito sa mundo
Upang ikaw maging magandang ehemplo
Ang nabubuhay sa kasinungalingan na isang tao
Walang kapayapaan para sa kanyang sarili.
Habang may lihim kang di nabubunyag sa publiko
Sambayanan ay hindi matutuwa
Ang pag-amin sa mga kasalanan ay hindi masama
Ang pagtanggap sa magiging parusa ay pagpapakita ng katapangan sa sarili.
#24. funeral car ang gamitin para smooth na smooth ang biyahe -hilman
The best transport sa kanyang kadramahan, hahahaha!
I believe that Noy’s katarayan was a calculated prelude to Corona’s ouster, and it has served well one of its major purposes… to get the support of the people before the impeachment. Importante ang feedback ng mamamayan bago ituloy ang endgame for the ‘guidance’ of congressmen and senators.
…lalo na election time!
If we would be ruled by a “MOB”, so be it. We (Filipinos still living in PHL) may deserve it. We way get better (or worse) that way.
Some powerful nations came out from a “mob rule”.
#32. Exactly, duane! Different strokes to a better life, kung minamalas e di worse. 🙂
believe the Legislature is also being inflicted or infected with the “seeing the Light” phenomenon..,The SC has been for a while a force within itself, answerable to no one but to the individuals who can also “play teh Game” its Justices are not above and beyond being corrupt, like most other officials,including the highest officials from GMA and back…They too are and were part of the problems…they can not be excluded in the process of Sweeping all the dirt or the cleansing would not be complete.
OT.
Sige, upakan mo si Corona kung gusto mo. Pero pati ba naman yung retired and in their 80s, na naglingkod kay Nanay ay pinahihirapan pa?
Dapat lang naman na tumaas ang pension dahil nagtaas na ang presyo ng galunggong, simula pa ng panahon ni Cory.
tribuneonline.org/headlines/20111210hed5.html (lagyan ng tatlong w).
For a scholarly paper, when you borrow somebody’s ideas verbatim, there are two basic requirements:
a) Isolate what you are borrowing from your own ideas using either quotation marks for short passages or indentation for long ones ( in addition to these, you may use also italics or bold letters for those passages that are already in quotation marks or indented passages, which others do). The purpose of the isolation is to alert your readers that the next phrase, sentence or paragraph they are going to read is not your own but only copied from another author. The isolation is a proof of your lack of intention to steal somebody’s ideas and pass it on to your readers as your own. This is a sine qua non. Thus, the failure to isolate borrowed passages is already proof of cheating.
b) Cite the author of the quoted or indented passages.
For academic writing the source (author, date and page/s) is placed close to the quoted or intended passages (either before or after the quote or indentation) which is why it would be difficult to blame Bill Gates if the second requirement is missing. For legal writing, The source is placed as footnotes which is why it is easier to use Gates’ invention as the culprit. However, even if indeed the footnotes were accidentally erased as claimed by the researcher ( according to newspaper reports) , cheating already occurred because the first requirement was not complied with. How the Supreme Court arrived at their judgment of “lack of intent to cheat” by Justice Castillo is really incredible.
Moreover, if indeed the sources of Justice Castillo were inadvertently erased, why are the sources of the original author not also erased? Is there such a thing as selective inadvertence?
It’s high time that erring SC justices be punished. Not just this guy who loves to plagiarize, but also the others especially the fake one(s). Corona has no business sitting in that respectable(kuno) bench.
There’s probably heavy betting on the question of whether Corona on his own will do either of the following:
1.
What do you think Corona will do?
1. Inhibit himself from the Gloria cases
2. Refuse to inhibit
Ellen,
Your interrogatory caption of the photo above captures it well.
What the Executive and Legislative allies of Aquino are now doing is actually initiating the move to clean up the Supreme Court. And I hear loud cheering.
There’s a pile of garbage there that has been left untouched for too long..because we have been brainwashed to believe that the SC is untouchable.. that it is the ultimate decision-maker of what is just and fair. And that we must bow to their judgment no matter what.
Wow. Have we been brainwashed. Really brainwashed. Well, not anymore.
Time to bring out the brooms and disinfectants.
It’s like cleaning up the Aegean stables. But it has to be done. And no better time like now to do it.
“I have peace of mind dahil malinis ang aking konsensya. Gaya ng sabi ko, sa aking pagkapangulo, bukod-tanging layunin ko ay maglingkod,” pahayag ni Arroyo.”
http://abante.com.ph/issue/dec1011/news01.htm
“If I may suggest, para walang hassle at walang traffic, I remember she took her oath at 3:30 a.m. at Batasan. Dapat yung transfer sa Veterans 3:30 a.m. Walang traffic, tulog lahat ng tao. Tulad ng pagsumpa niya nun, tulog lahat ng tao,” – Erap. 😛
http://www.abs-cbnnews.com/nation/12/09/11/erap-jokes-about-why-gma-refuses-chopper-ride
When the husband volunteered to join and sleep
with a detainee is approved by the authorities;
will the same privelege be given to other espouses
of detainees, thousands or them? Why did not Loi Ejercito volunteered to join Erap and son Jinggoy? Something wrong with her or is it because she knew the law being a doctor.
We have already established and precedent criteria
in dealing with the highest detainee or convict in the person of ex Pres Erap and the lowest criminal in
Muntinlupa; let us apply those to whoever Pontio Pilato
is accused of high or heinous crimes or even mere misdeamenors. Let us not corrupt simple words like “no special treatment” into an act of human kindness.
You will not believe it if you see on TV Tom Wolf’s CSI NYPD when a psychiatrist shot a young boy who killed his son, because he said that boy will grow up to kill and kill, again and again. No amount counselling, training or education can teach or give him something the boy does not have: CONSCIENCE.
This post may be OOT Because that was fiction and real life is on rare cases worst than fiction.
#41. For once, Putot told the truth…wala syang konsiensya, “clear” daw e!
pinanood ko ng makaulit na beses ang eksklusibong panayam ni ‘Igan (Arnold). ‘yan ang transcript na nakuha ko.