Category: Justice

SC decision should not be hindrance to make Arroyo accountable

Published by Ellen on December 7, 2010

I’m not surprised that the Supreme Court slammed President Aquino’s Truth Commission, 10-5.

I’m bothered, of course, that we have a Supreme Court, beholden to a person who held power illegally for nine years, plundered taxpayers money and destroyed democratic institutions.

But even if the Truth Commission were declared “constitutional”, I was not really optimistic that Gloria Arroyo would be held accountable because Aquino chose to head it former Supreme Court Hilario Davide, who is also beholden to Arroyo.

I also believe that even without the Truth Commission, Aquino can make Arroyo accountable for her crimes against the Filipino people. What is needed is political will and a brilliant and efficient team to implement that “will.”

SC declares Truth Commission unconstitutional

Published by Ellen on December 7, 2010

From ABS-CBN:

In another blow to President Benigno “Noynoy” Aquino III’s administration, the Supreme Court has declared unconstitutional the much trumpeted Truth Commission.

Voting 10-5, the Supreme Court ruling effectively bars the prosecution of former President Gloria Macapagal Arroyo and other officials and parties involved in alleged scandals under the previous administration.

The 5 who dissented were: Associate Justices Antonio Nachura, Antonio Carpio, Conchita Carpio Morales, Maria Lourdes Sereno, and Roberto Abad dissented.

The high court apparently gave credence to the petition of minority lawmakers led by Rep. Edcel Lagman, who sought to have the executive fiat that created the Truth Commission quashed.

House Minority Leader Edcel Lagman praised the Supreme Court for junking the Truth Commission, a move that, he said, signals the triumph of the rule of law. Negros Rep.Ignacio Iggy Arroyo also approves of SC decision.http://www.abs-cbnnews.com/nation/12/07/10/lagman-sc-decision-triumph-rule-law

The commission, tasked to investigate the anomalies during the 9-year term of Mrs. Arroyo, was created with too much power that it has already stepped on the rights of constitutionally-created bodies, they had said.

The commission, headed by former Chief Justice Hilario Davide, Jr., has already actually convened. It has not started investigations, however, absent a ruling from the high court.

This decision comes in a string of setbacks for the Aquino administration.

Gloria Arroyo must be happy with De Lima

Published by Ellen on December 5, 2010

I applauded Justice Secretary Leila de Lima for the excellent job she did in the investigation of the Aug. 23 hostage-taking tragedy.

I admired her for standing her ground with the recommendations of the Incident Investigation Review Committee even as President Aquino did not adopt them to protect persons close to him.

But I am disturbed by De Lima’s eagerly executing the assignment Gloria Arroyo had given to the Department of Justice which was to make sure that Sen. Panfilo “Ping” Lacson is put behind bars. It’s implementation was not carried out when Lacson went underground towards the end of her term.

What crime has Lacson committed against the Filipino people that he should be behind bars? None.

But Lacson has exposed various government anomalies involving Arroyo and her husband Mike . While in power, the Arroyos were able to stall investigation of the scams which were leading to them.

Lacson family appeals for justice

Published by Ellen on December 2, 2010

The case of Sen. Panfilo “Ping” Lacson, who is the subject of an arrest order is gross injustice inflicted by Gloria Arroyo not only on the senator but on the Filipino people.

It cannot be denied that the many expose of Lacson contributed to the unpopularity of Arroyo which eventually caused her being sidelined from power today. It is therefore sad that Justice Secretary Leila de Lima is allowing herself and her office to perpetrate the injustice instead of reversing it.

The Lacson family has brought the plight of the beleaguered senator to the Filipino people with an open letter detailing the blatant inconsistencies in the prosecution’s so called “evidence” . The letter is signed by Romulo Lacson, Feliciano Lacson, Reynaldo Lacson,Juanito Lacson, Ma. Corazon Lacson-Magpayo,Ernani Lacson, and Ma. Cristina Lacson-Diaz.

Here’s the excerpts. For the full letter, click here A Christmas Wish Nov27AM Rey lacson:

“In every Filipino family, two things are most treasured: honor and home.

Continue readingLacson family appeals for justice

Ang misyun ni Grace Capistrano

Published by Ellen on November 27, 2010

Kapag hindi mo pa talaga panahon, kahit anong gawin sa iyo, sagasa-an ka man ng tren, itapon ka man sa mataas na gusali, mabubuhay ka pa rin. Samantalang kung oras mo na rin talaga, kahit gaanong pera ang gagastusin o kahit natutulog ka lang, mawawala ka na sa mundo.

Hindi tayo dito mananatili sa mundo kahit isang minuto na sobra o kulang sa itinakda sa atin.

Ganun ang nangyari kay Grace Capistrano, ang pulis-informer sa Laguna na binaril, sinaksak ng 24 beses, itinapon sa bangin, nabuhay pa rin!

Ayon sa report ng pulis noong Miyerkules, mga ika-pito ng gabi, kinuha ng dalawang pulis na sina PO2 Mario Natividad at PO1 Antenor Mariquit si Capistrano sa kanyang bahay sa Angono, Rizal. Itinulak siya sa loob ng sasakyan , tinalian ang mga kamay at linagyan ng duct tape ang bunganga.

Pagdating sa Pagsangjan, Laguna, hinulog siya sa bangin at binaril. Natamaan siya sa paa.

Probe revisits the Vizconde massacre

Published by Ellen on October 27, 2010

Update: Hubert Webb seeks acquittal from SC Hubert Webb has asked the Supreme Court to acquit him and order his release from the New Bilibid…

Further Mistakes of MS Word or more Plagiarism from Justice Del Castillo?

Published by Ellen on October 26, 2010

Holding the UP Law Faculty in Contempt Would Be a Grave Mistake

by Evan Criddle and Evan Fox-Decent

We are writing to lend support to the University of Philippine’s College of Law, which now faces a very serious charge of contempt from the Philippine Supreme Court (PSC). If the members of the College are held in contempt, they face the loss of their bar licenses and with that the loss of their ability to teach and practice law.
Criddle is one of those whose work was plagiarized by del Castillo.

Read the whole article here Opinio Juris

by Harry Roque

In the earlier case of Ang Ladlad, (GR No. 190582, April 8, 2010) Justice Del Castillo appeared to have committed plagiarism as well. Our study is only preliminary but the exigencies of the situation have compelled us to make this public.

In the Ang Ladlad decision allowed a gay rights group to run in the party-list elections, and was released 20 days earlier than the Vinuya decision. The ponente here is also Justice Del Castillo.

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The relevant passages are as follows:

Ang pangu-ngopya ay pagnanakaw

Published by Ellen on October 24, 2010

Mariano del castillo — Del Castillo with his benefactor

Ito ngayon ang kumakalat na joke: “Binawi ng Post Office ang pinakahuling labas nila na mga stamp. Kasi mga litrato pala ng Supreme Court justices. At ang dinuduraan ay mga litrato ng mga justices.”

Ito ay galing sa Facebook ni Ferrum Mann.

Ganyan na ngayon ang tingin ng taumbayan sa mga justices ng Supreme Court lalo na sa kanilang desisyon na idismis ang isyu tungkol sa pangungupya ng isa nilang kasamahan si Associate Justice Mariano C. del Castillo sa ibang desisyon ng mga banyagang abogado at ipinasa niyang kanya. Ang krimen ay tinatawag na “plagiarism.”

Ang plagiarism ay pagnanakaw. Kinukuha mo ang ideya ng ibang tao at inaangkin mong iyo. Di ba klarong pagnanakaw?

SC vs UP law and those who believe cheating is wrong

Published by Ellen on October 23, 2010

I have been away for vacation in a place where internet access was difficult. I have not dwelt on this important issue which has been discussed lengthily in this blog but under the topic of Morong 45!. I’m writing about the subject for my column tomorrow but meanwhile I’m opening a thread on this with the searing dissenting opinion of Justice Lourdes Sereno and the UP Law school faculty who are facing sanction by the Supreme Court for not criticizing plagiarism in the High Court.

Justice Sereno’s dissenting opinion:

What is black can be called “white” but it cannot turn white by the mere calling. The unfortunate ruling of the majority Decision that no plagiarism was committed stems from its failure to distinguish between the determination of the objective, factual existence of plagiarism in the Vinuya decision[1] and the determination of the liability that results from a finding of plagiarism. Specifically, it made “malicious intent”, which heretofore had not been relevant to a finding of plagiarism, an essential element.

The majority Decision will thus stand against the overwhelming conventions on what constitutes plagiarism. In doing so, the Decision has created unimaginable problems for Philippine academia, which will from now on have to find a disciplinary response to plagiarism committed by students and researchers on the justification of the majority Decision.

Bagong imbestigasyon ang hinihingi ni Lacson

Published by Ellen on October 23, 2010

Hindi humihingi ang mga abogado ni Sen. Panfilo Lacson ng special treatment sa kanilang kliyente sa kanilang gustong magkaroon ng panibagong imbestigasyon sa kasong pagpatay sa public relations man na si Bubby Dacer at ang kanyang driver na si Emmanuel Corbito.

Ang hinihingi lang ni Lacson ay maayos na pagpatupad ng batas. Hindi naman lingid sa lahat kung paano at kung bakit gusto talaga ni Gloria Arroyo at ng kanyang asawang si Mike si Lacson. Sa lahat naman kasi na kritiko ni Arroyo si Lacson ang pinakadelikado dahil matinik magkahalungkat ng baho ng mag-asawang naglapastangan ng bansa ng siyam
na taon.

Siyempre hindi mapatawad ni Mike Arroyo si Lacson sa pagbulgar na alias Jose Pidal pala siya. Nabulgar na rin tuloy ang tungkol kay Vicky Toh.