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Category: Justice

Two case dismissals but no release order

Senator Leila de Lima and journalist Lady Ann Salem

The case of illegal possession of firearms and explosives against journalist Lady Ann “Icy” Salem of Manila Today was dismissed last Feb. 5 but she continues to be in jail in Mandaluyong City.

A drug case against Sen. Leila De Lima was dismissed last Feb. 17. She, however, remains in detention at the Philippine National Police Custodial Center in Camp Crame, Quezon City because she still faces two other cases.

Salem’s lawyer, Kristina Conti of the Public Interest Law Center, speaking at a rally of the journalist’s supporters in front of the Mandaluyong City Regional Trial Court, said last Friday that the Feb. 5 dismissal of the case against Salem and trade unionist Rodrigo Esparago was not accompanied by a release order.

Coalition of lawyers, journalists, human rights defenders calls Anti-terror Act ‘repugnant’

CenterLaw’s Gilbert Andres files petition vs ATL

The disclosure of the new Armed Forces Chief of Staff, Lt Gen Gilbert Gapay, about his plan to include the use of social media in the implementation of the Anti-Terror Act (ATA) is a grave warning on the danger of this law.

“Because this is the platform now being used by the terrorists to radicalize, to recruit, and even plan terrorist acts. That’s why we need to have to specific provisions of this in the IRR pertaining to regulating the use of social media,” Gapay was quoted in news reports as having said in a media briefing.

Gapay had to issue a clarification later that what he meant was to “put order on the social media platforms, not the users per se,” when his plan elicited statements of concern from officials, one of them was the author of the ATA himself, Senator Panfilo Lacson.

More on Bato visa ban and ARIA

Senate President Vicente Sotto and Sen. Ronald Bato de la Rosa watch the Pacquiao-Thurman fight in a movie house in Makati in July 2019. Permission granted by Inquirer.net for the use of this photo by Neil Arwin Mercado.

Remember this photo of Senate President Tito Sotto and Senator Ronald “Bato” dela Rosa watching the Las Vegas fight between Senate colleague Manny Pacquiao and American boxer Keith Thurman fight at a theater in Rockwell last July?

We wondered then why de la Rosa, who was investigated by the Ombudsman for accepting an all-expenses paid trip to watch the Pacquiao-Jesse Vargas fight in Las Vegas in November 2016 when he was police chief, opted to stay in Manila when President Duterte cleared him of any wrongdoing. (In fairness to the former police chief, he also skipped the Pacquiao -Jeff Horn fight in Brisbane, Australia in July 2017.)

A source told us that De la Rosa actually wanted to watch the Pacquiao-Thurman fight but his United States visa was cancelled in connection with The Asia Reassurance Initiative Act (ARIA).

Valuable takeaways from Justice Carpio’s lectures

Retired Senior Associate Justice Antonio T. Carpio


(The following piece was my remarks during the testimonial dinner given last Oct. 29 by some members of media for Senior Associate Justice Antonio T. Carpio, who retired Oct. 30, 2019, at the Manila House in BGC. Disclosure:I’m a trustee of VERA Files.)

Sometime ago, Justice Carpio had a lecture on West Philippine Sea at the UST. Charmaine Deogracias of NHKTV, Dana Batnag of Jiji Press and I called up his office to ask if we could attend and we were told our names will be submitted to the organizer as his guests. So, off we went.

Charmaine arrived first and as instructed, she said, “Guest of Justice Carpio.” The guard asked for her ID and she showed her Press ID. She was told that Media is not allowed and was told to go to the University’s Public Affairs Office.

A staff in UST’s Public Affairs Office said a media request to attend a forum at UST will have to be approved by the higher-ups and that will take time. Taking pity on Charmaine, she smuggled her to the auditorium through a side door. Charmaine then texted us not to tell the guard we are “Media.” Just “guest of justice Carpio.”

New lawyer Dana arrived in denims and backpack and informed the guard “guest of Justice Carpio.” The guard asked, “Are you from media?” Dana said, “No” and showed her IBP ID. She was let in.

I was the last to arrive, wearing a dress. The guard asked me, “IBP ka rin?” I was tempted to say “Yes” but that would be misrepresentation. The guard might also ask for an IBP ID. With emphasis, I said, “Guest of Justice Carpio.” And I was let in.

One has to be resourceful to get to a lecture by Justice Carpio.

Trillanes writes to Sabio

Atty. Jude Sabio files a complaint against Pres. Duterte at the ICC in The Hague.
At the second preliminary investigation last Friday by the Department of Justice of the charge of sedition last Friday by the Department of Justice of the charge of sedition filed by the Philippine National Police against Vice President Leni Robredo and 38 others including former Sen. Antonio Trillanes III, Assistant Solicitor General Angelita Miranda tried to submit additional evidence but was rejected by the panel for the simple reason that when they filed the case in July, the evidence should have been complete.

What Miranda wanted to submit was a news clipping of an opinion piece by lawyer Jude Sabio in the Mindanao Goldstar Daily on Sept. 2, 2019 criticizing Trillanes and a column in the Manila Times by Rigoberto Tiglao about Sabio’s article.

The anomaly that is Senator Bong Go

Bong Go announcing that Malacañang is going to investigate the aborted release of convicted rapist, former Calauan Mayor Antonio Sanchez, Sept 2, 2019.

The government of the Philippine is structured in such a way that the three branches of government –, the Legislative, the Executive, and the Judicial – are co-equal and independent from each other.

The independence of the three branches of government from each other is vital under the principle of check and balance in a democracy.

The system of check and balance is instituted to prevent any branch of government or any person in the government from becoming too powerful leading to dictatorship and the destruction of democracy.

ICC’s Bensouda: ICC probe on PH situation continues

“My office ‘s independent and impartial preliminary examination into the situation in the Philippines continues.”
That statement by International Criminal Court Prosecutor Fatou Bensouda issued Monday should put a stop to the misleading statements of Presidential Spokesperson Salvador Panelo about the ICC process.

Last Monday, Panelo said in his press briefing, “… ICC cannot proceed with any proceeding that it has started specifically because it said that they conducted a preliminary examination and not a preliminary investigation. And under the Rome Statute clearly says that any preliminary investigation or any proceeding relative there to it commenced prior to the withdrawal of state party, can’t continue and will continue. Therefore, if it does continue, it violates its own provision because there has been no preliminary investigation.”

Malacañang’s incoherent statement on ICC’s continuing probe

The one thing that spooks President Duterte fiercely is the case of crime against humanity brought against him before the International Criminal Court in The Hague which gave him the dubious distinction of being the first Southeast Asian leader to be charged before the ICC.

Rare is his public speaking engagements that he does not take a jab at ICC Prosecutor Fatou Bensouda who announced last Feb. 8 that she has started a preliminary examination of the information filed in connection with the extrajudicial killings under the Duterte presidency.

ICC Prosecutor Fatou Bensouda

And when Duterte is agitated, he spews out fake news. That has rubbed on his Presidential Spokesperson Salvador Panelo who immediately issued an incoherent statement last Thursday denouncing the decision of Bensouda to continue assessing the information filed with her office against Duterte.

Lila Shahani, Maguindanao massacre and impunity

Lighted candles symbolize the nine long years wait for justice for the victims of the Maguindanao massacre. Photo by Meeko Camba.

At last Friday’s remembrance of the Maguindanao massacre at the Bantayog ng mga Bayani, the feeling was a mixture of frustration and hope.

Frustration because it has been nine long years and the families of the 58 victims- 32 of them members of media – have still to see conviction for the massacre, one the darkest marks in our history of struggle for a democratic society.

Hope because government officials said the decision on the case is expected in early 2019. Given the overwhelming evidence against the identified perpetrators led by former Datu Unsay Mayor Andal Ampatuan Jr, the families of the victims, lawyers, supporters and government officials are expecting a conviction.

The power of One righteous act

Judge Andres Soriano of Makati RTC 148. Photo by Philippine Daily Inquirer.

It took only a single act by one man to restore the fading faith of democracy –loving Filipinos in the country’s justice system.

It took only one man: Presiding Judge Andres Bartolome Soriano of the Regional Trial Court, National Capital Region, and Branch 148.

And all Judge Soriano did was do what he believed was right.

Judge Soriano’s principled stand is contained the 33-page decision he handed down in the Motion of the Department of Justice to issue a hold departure order and warrant of arrest against Sen. Antonio Trillanes IV in connection with the coup d’etat case which he dismissed in 2011.