Category: Supreme Court

Valuable takeaways from Justice Carpio’s lectures

Published by Ellen on November 11, 2019

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.

The dissenting voices

Published by Ellen on July 7, 2017

Of the four members of the Supreme Court who dissented from the majority decision upholding President Duterte’s declaration of Martial Law and suspension of the privilege of the writ of habeas corpus in the whole of Mindanao, three ( Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio T. Carpio, and Associate Justice Alfredo Benjamin S. Caguioa) supported him as far as Marawi City was concerned.

Senior Associate Justice Antonio T. Carpio

In his dissenting opinion, Carpio said, “Without question, the widespread killing of both government forces and innocent civilians, coupled with the destruction of government and private facilities, thereby depriving the whole population in Marawi City of basic necessities and services, endangered the public safety in the whole of Marawi City. Hence, with the concurrence of an actual rebellion and requirement of public safety, the President lawfully exercised his Commander-in-Chief powers to declare martial law and suspend the privilege of the writ in Marawi City.

“However, the same does not apply to the rest of Mindanao. Proclamation No. 216 and the President’s Report to Congress do not contain any evidence whatsoever of actual rebellion outside of Marawi.

“In fact, the Proclamation itself states that the Maute-Hapilon armed fighters in Marawi City intended to remove “this part of Mindanao,” referring to Marawi City, from Philippine sovereignty. The Proclamation itself admits that only ‘this part of Mindanao’ is the subject of separation from Philippine sovereignty by the rebels. The President’s Report did not mention any other city, province or territory in Mindanao, other than Marawi City, that had a similar public uprising by a rebel group, an element of actual rebellion. Thus, the President’s Report concludes that ‘based on various verified intelligence reports from the AFP and the PNP, there exists a strategic mass action of lawless armed groups in Marawi City.’ The President’s Report expressly states that the Maute-Hapilon armed fighters were waging rebellion first in Marawi City as a prelude or “precedent” to waging rebellion in the rest of Mindanao. This is a clear admission that the rebellion was only in Marawi City and had yet to spread to the rest of Mindanao. “

LP SOCE case being eyed for oust-Leni operation?

Published by Ellen on January 13, 2017

When relations were okay. Vice President Leni Robredo pays courtesy call on President Rodrigo R. Duterte at the Malacañan Palace, July 4, 2016. Malacanang photo by King Rodriguez.

Amid the many items in media not favorable to Vice President Leni Robredo- LeniLeaks, banned from cabinet meetings, dis-invited by Malacanang in New Year vin d’honneur, drop in satisfaction ratings – another one came up the other day.

We were told that the Supreme Court is expected very soon to release its decision on the case concerning the extension of the deadline by the Commission on Elections for the filing of statement of contributions and expenditures (SOCE) for the Liberal Party last June.

“If the High Court decided that there was a breach of the rule by the Comelec, the election of all Liberal Party candidates would be invalidated. That would include the election of Robredo,” a friend told me.

A golden opportunity for the Supreme Court to right a wrong

Published by Ellen on April 21, 2015

The Supreme Court has been presented the golden opportunity to right a wrong that has spawned corruption and a culture of impunity by elected officials.

In the hearing of the case on the suspension by the Ombudsman of Makati Mayor Jejomar Erwin “Junjun” Binay, Jr. before the Supreme Court, lawyers of Binay invoked the “”doctrine of condonation” also known as the “Aguinaldo doctrine” that immunizes an elected official from being removed for administrative misconduct once re-elected.

The doctrine does not apply to criminal cases.

The condonation doctrine over-stretched the proverb, “The will of the people is the will of God.”

SC TRO: a very much welcome respite

Published by Ellen on October 9, 2012

Anti Cybercrime rally — The power of an informed and vigilant people. Photo by VERA Files’ Mario Ignacio.

Smiles, laughter and relief suddenly replaced the atmosphere of anger and outrage among rallyists when the information from inside the Supreme Court was shared that the justices unanimously voted to issue a 120-day temporary restraining order (TRO) on Republic Act 10175 or the Cybercrime Prevention Act of 2012.

“We did it!”, enthused one rallyist.

Yes, another demonstration of the power of a vigilant public. A total of 15 petitions were filed with the Supreme Court questioning the legality of some provisions of the Cybercrime Prevention Act, particularly the part on online libel.

The 120-day TRO gives us respite and should allow us to celebrate Christmas with lesser stress. That should give us time to recharge when the battle resumes. The SC will hold oral arguments on the controversial law on January 15, 2013.

Ang hamon kay Sereno: panatiliing independent ang Supreme Court

Published by Ellen on August 25, 2012

Maria Lourdes Sereno — The first female Chief Justice in the Philippines

Sa edad na 52, kung manatiling malusog ang bagong hirang na Chief Justice na si Ma. Lourdes Sereno, siya manatili sa makapangyarihan na posisyun nay an hanggang 2030.

Labing-walong taon siya sa posisyun na yan.

Siyempre marami ang nag-aalala sa hindi magandang epekto ng sobrang tagal sa kapangyarihan ng isang opisyal. Na kahit anong galing ng isang tao, kapag masyadong matagal sa pusisyun, kung hindi naging abusado, ganun-na ganun na lang sa mahabang panahon.

Ngunit matalino si Sereno. Valedictorian at cum laude siya ng siya at nag-graduate sa University of the Philippines College of Law noong 1984. Pang-14 siya sa bar exams.

“My leadership is to be exercised to uphold the truth. It is to be exercised in favor of those who are weak, in order that justice in its true sense may be rendered.” -Sereno

http://verafiles.org/front/sereno-vision-courage-and-accountability/

Sereno is new chief justice

Published by Ellen on August 24, 2012

Ma. Lourdes Sereno — She will be chief justice for 18 years.

Statement of Presidential Spokesperson Edwin Lacierda:

In the midst of this period of deep mourning for the loss of Interior and Local Government Secretary Jesse Robredo, the President is cognizant of his constitutional duty to appoint the next Chief Justice of the Philippines. He has therefore decided to appoint Associate Justice Maria Lourdes Punzalan Aranal-Sereno as the 24th Chief Justice of the Supreme Court.

Sen. Francis Pangilinan welcomed the appointment of Sereno as CJ. “We hope her relative youth and her passion and dynamism will invigorate the moribund and antiquated system of justice in the country. Nothing less than sweeping and comprehensive reforms will do to ensure that the crisis facing the judiciary will be overcome, and we will need the energy, creativity and stamina of a new generation of jurists to do just that.

“The President is confident that Chief Justice Sereno will lead the judiciary in undertaking much-needed reforms. We believe the Judicial Branch of government has a historic opportunity to restore our people’s confidence in the judicial system.”

Carpio got the most votes in JBC’s list for Supreme Court Justice

Published by Ellen on August 13, 2012

The Judicial and Bar Council submitted the following names to President Aquino today from where he can choose the next Supreme Court Justice. Acting Chief…

The advantage of having De Lima as CJ: she will also be SC spokesperson

Published by Ellen on July 3, 2012

Based on Justice Secretary Leila de Lima’s account of how she transitioned from being a “reluctant” nominee for Supreme Court chief justice to one who will be a “unifying force” in the judiciary, it happened after her meeting with President Aquino.

It is presumed that unlike Internal Revenue Commissioner Kim Henares who decided to stay put at the Bureau of Internal Revenue after she was told that it is important that the reforms she has introduced in the agency have to sustained, De Lima was encouraged by the President.

Presidential Spokesperson Edwin Lacierda said De Lima told him that the President’s encouragement consisted of “It’s up to you, you make your decision.”

Lacierda also said whatever decision De Lima makes, the President will respect it.

Gibo will decline nomination for CJ

Published by Ellen on June 19, 2012

While almost every lawyer in town and a nurse want to be included in the list of candidates for the position of Supreme Court Justice, vacated by the recently convicted Renato Corona, it’s good to see two people declining.

Former Energy Secretary Raphael “Popo” Lotilla wrote a letter the other day thanking friends who submitted his name to the Judicial and Bar Council, that will screen the nominations and submit to the Malacañang a short list (usually three names) from where the President will choose the next SC justice.

He was nominated by former economic managers and economists Roberto de Ocampo, Calixto Chikiamko, Gloria Tan Climaco, Bong Montes, Simon Paterno and Romeo Bernardo.

Yesterday, former Defense Secretary Gilbert “Gibo”Teodoro was nominated by Atty. Jose Mallari.