QCPL LAW SECTION NEWS AND UPDATES

Romualdez’s landmark PWD “Malasakit” Law to take effect soon


Republic Act No. 10754, now known as the PWD “Malasakit” Law based on House bill No. 1039 authored by Martin Romualdez (incumbent Congressman of the 1st District of Leyte), was signed into law by the Office of the President on March 23,2016, making it a red-letter day for persons with disabilities or PWDs. 



Read more: Inquirer


Impeachment move vs Binay possible if he becomes president

—Trillanes


A possible impeachment move could be immediately initiated against Vice President Jejomar Binay if he becomes president, Senator Antonio “Sonny” Trillanes IV said as the Senate blue ribbon subcommittee concluded on Tuesday its probe on corruption allegations against Binay.

Read more:Inquirer


4-day govt work week in NCR approved

HE Civil Service Commission (CSC)  has approved a four-day work week for government offices in the National Capital Region (NCR) or Metro Manila, a move which caught even Malacañang flat-footed.
In news briefing on Friday, Palace spokesman Edwin Lacierda confirmed that the CSC has issued a memorandum on the matter but clarified it was not sanctioned by Malacañang.
“I just spoke to the human resource [people] of the Office of the President. They just received this particular memo the other day from the CSC field director. It is now submitted to one of the deputy executive secretaries for study right now,” Lacierda said. For more Info Visit :http://www.manilatimes.net

DOTC orders LTO: Delay enforcement of helmet law
MANILA, Philippines - The Department of Transportation and Communications (DOTC) ordered the Land Transportation Office (LTO) yesterday to defer the enforcement of the Motorcycle Helmet Act of 2009 (Republic Act 10054).
In a statement, the DOTC said the decision to defer was in line with the Department of Trade and Industry (DTI) request to give them more time to inspect all the helmets coming
into the country. For more info visit philstar.com 




Is Philippines ready for a divorce law?

MANILA, Philippines - The Philippines remains the only nation in the world that does not have a law legalizing divorce. Is the country ready for such a law?
Gabriela Party Rep. Luz Ilagan believes that it is time that the country moves forward and help couples who can no longer live together.
Ilagan and and fellow lawmaker Emmi de Jesus have filed a House bill introducing divorce in the Philippines that is now with the House committee on revision of laws. For more info Visit ABS-CBN NEWS

  Government urged to strictly enforce anti-hazing law

MANILA, Philippines - As the latest hazing victim Mark Andre Marcos was laid to rest yesterday in Tarlac province, overseas Filipino workers condemned the hazing incident and urged the government to strictly enforce the anti-hazing law.
“It’s unfortunate that fraternities still practice the barbaric hazing continue to ruin and kill,” Migrante said in a statement.
John Leonard Monterona, Migrante-Middle East regional coordinator, said many OFW parents are now fearful for the lives of their children who are studying in various colleges and universities in the country. For more info. Visit philstar.com



SC Honors 2012 Outstanding Judges, Clerk of Court 

The Supreme Court, in coordination with the Society for Judicial Excellence, recently announced the winners of this year's Judicial Excellence Awards (JEA). The winners consisting of four outstanding judges and one clerk of court will be honored in an awarding ceremony to be held at 4:00 p.m. on September 24, 2012 at the Centennial Hall A of the Manila Hotel.
The 2012 awardeesin the Second-Level Courts category are Judge Maria Theresa Dolores C. Gomez-Estoesta of the Regional Trial Court, Branch 7, Manila as the Chief Justice Cayetano Arellano Awardee; Judge Geraldine C. Fiel-Macaraig of the Regional Trial Court, Branch 192, Marikina City as the Chief Justice Jose Abad Santos Awardee; Judge Gregorio V. Dela Peña of the Regional Trial Court, Branch 12, Zamboanga City as the Chief Justice Ramon Avanceña Awardee; and Judge Emily L. San Gaspar-Gito of the Metropolitan Trial Court, Branch 20, Manila as the Don Antonio P. Madrigal Awardee. For more Info. Visit Supreme Court News


SC: Dual Citizens Must Renounce Foreign Citizenship In Accordance with RA 9225 Before Running for Public Office 

Failure to renounce foreign citizenship in accordance with the exact tenor of Section 5(2) of Republic Act (R.A.) No. 9225 [Citizenship Retention and Re-Acquisition Act of 2003]renders a dual citizen ineligible to run for and thus hold any elective public office.”

Thus held the Supreme Court as it dismissed the petition for certiorari of the winning vice-mayoral candidate of Caba, La Union who was unseated after being disqualified on the ground that her personal declaration of renunciation of her Australian citizenship was not under oath as required by RA 9225.
In a 24-page decision penned by Justice Bienvenido L. Reyes, the Court En Banc affirmed in toto the assailed resolution of the Commission on Elections (COMELEC) en banc dated September 6, 2011 that affirmed the consolidated Decision dated October 22, 2010 of the Bauang, La Union Regional Trial Court (RTC), Branch 33 that had declared Teodora Sobejana-Condon disqualified and ineligible to her position as Caba, La Union Vice-Mayor. For more info. Visit.Supreme Court News

 



SC Clears Two Judges; Clarifies Rule on Raffle 

[R]affle Committees of all multi-sala stations are reminded to strictly adhere to the procedure for assigning cases among the Branches in the stations, subject only to the exceptions recognized in Circular No. 7.”

Thus stressed the Supreme Court as it recently granted the separate motions for reconsideration filed by Executive Judge Maria Cancino-Erum and Judge Carlos Valenzuela to set aside the Court’s June 3, 2009 resolution adopting the recommendation of the Office of the Court Administrator (OCA) finding both judges guilty of violating OCA Circular No. 20, which provides for the rules regulating the raffle of cases, and a fining them P5,000.00 each. For more info. Visit Supreme Court News

 

SC urged to ban anti-Islam movie

MANILA, Philippines (1st UPDATE) - Representatives of various Muslim communities all over the country are filing with the Supreme Court (SC) on Monday a petition for mandatory injunction aimed at compelling government to block the screening of controversial film “Innocence of Muslims.”

The group said the film was an affront to their Islam faith and the prophet, Muhammed.
"The blasphemous film... is a vicious attack on the faith of two billion Muslims, about 7 to 10 million of whom are in the Philippines, that has triggered a continuing massive protest by Muslim in 20 countries resulting in many injuries and loss of lives to Muslims and non-Muslims alike," the group said in a statement. For more info Visit ABS-CBN NEWS

 

2012 Judicial Excellence Awards Winners 

“I commend you, I salute you as modern-day heroes.” Thus Chief Justice Maria Lourdes P. Aranal-Sereno congratulated the winners of the 2012 Judicial Excellence Awards (JEA)at the awarding ceremonies on September 24, 2012 at the Centennial Hall A of the Manila Hotel.
The Supreme Court, in coordination with the Society for Judicial Excellence, gave recognition to the following four outstanding judges and clerk of court: Judge Maria Theresa Dolores C. Gomez-Estoesta of the Regional Trial Court, Branch 7, Manila as the Chief Justice Cayetano Arellano Awardee; Judge Geraldine C. Fiel-Macaraig of the Regional Trial Court, Branch 192, Marikina City as the Chief Justice Jose Abad Santos Awardee; Judge Gregorio V. Dela Peña of the Regional Trial Court, Branch 12, Zamboanga City as the Chief Justice Ramon Avanceña Awardee; Judge Emily L. San Gaspar-Gito of the Metropolitan Trial Court, Branch 20, Manila as the Don Antonio P. Madrigal Awardee; and Atty. Maria Christine A. Imperial-Bernarte of the Regional Trial Court, Branch 24, Naga City as the lone recipient of the Outstanding Branch Clerk of Court for the Second Level Courts. For more info Visit.Supreme Court News

 

Integrity Initiative Presentation of Chief Justice Sereno

Click this link for the PDF Presentation : Cj Presentation

 

 

It's Final: Gov't Owns SMC Shares Bought From Coco Levy Funds 

It’s final. The Government owns the San Miguel Corporation (SMC) shares bought from the coconut levy funds.

The Supreme Court En Banc has denied with finality for lack of merit the motion for reconsideration of the Philippine Coconut Producers Federation, Inc. (COCOFED), et al. of its January 24, 2012 decision which affirmed the Sandiganbayan ruling that re-conveyed to the government shares in San Miguel Corporation (SMC) in the aggregate amount of P1.656 billion bought using coconut levy funds and registered in the names of the Coconut Industry Investment Fund (CIIF) and its holding companies. For more info Visit. Supreme Court News

 

Petitions vs cybercrime law continue to flood SC

MANILA, Philippines - Protests against RA 10175 or the Cybercrime Prevention Act continues to mount at the Supreme Court (SC) after a fifth group yesterday filed another petition seeking to stop implementation of questioned provisions in the new law.
A group of journalists, bloggers and lawyers led by UP law professor Harry Roque Jr. argued that five provisions of the law violate not only constitutional rights of citizens in cyberspace but also run counter to the contractual obligation of the government to the United Nations.
For more info. Visit. Philstar .com



De Lima: DOJ objected to provisions of Cyber crime Act


MANILA - Justice Sec. Leila De Lima boasted of the Department of Justice's (DOJ) role in the crafting of controversial law Republic Act (RA) No. 10175, also known as the Cybercrime Prevention Act of 2012, during Monday morning's closing program for the department's 115th anniversary and bared plans to put up a new office dedicated to prosecuting offenses related to the statute.
In a chance interview with reporters, De Lima said the law is responsive to the call of the present times when crimes proliferate cyberspace. For more info. Visit. ABS CBN News



JBC Sets Public Interview of SC Associate Justice Candidates


The Judicial and Bar Council (JBC) has recently scheduled the public interviews of the 12 candidates for the position of Associate Justice of the Supreme Court, which was vacated by Hon. Maria Lourdes P. A. Sereno who was appointed Chief Justice on August 24, 2012. The public interviews of the candidates, which will be on October 23 and 25, are pursuant to Section 1, Rule 7 of the Rules of the JBC. For more info. Visit. Supreme Court News


8th petition vs anti-Cyber crime law filed at SC

MANILA, Philippines—The 8th petition questioning the legality of Republic Act 10175 or the Cybercrime Prevention Act of 2012 has been filed with the Supreme Court Wednesday.
Lawyer Melencio Sta. Maria. Sedfrey Candelaria, Amparita Sta. Maria, Ray Paolo Santiago, Gilbert Sembrano, Ryan Quan and the rest of the Ateneo Human Rights Center also asked the Supreme Court, in their 37-page petition, to stop its implementation through a temporary restraining order.
For more info. Visit. Inquirer,net

 

5,686 to Take 2012 Bar Exams Starting on October 7; Liquor Ban Around UST Imposed

A total of 5,686 law graduates are set to take the 2012 Bar examinations to be held on all four Sundays of October (October 7, 14, 21, and 28) at the University of Santo Tomas (UST) along Espana, Manila. Supreme Court Justice Martin S. Villarama, Jr. is the Chairperson of the 2012 Bar Examinations Committee. Deputy Clerk of Court and Bar Confidant Atty. Ma. Cristina B. Layusa said of the total 5,710 petitions to take the Bar exams, five had been denied, and 19 have been withdrawn, reducing the number of Bar examinees to 5,686. For more info. Visit. Supreme Court News

  Palace open to changes in anti-cybercrime law

MANILA, Philippines - The 120-day temporary restraining order (TRO) issued by the Supreme Court (SC) on the implementation of the Cybercrime Prevention Act of 2012 is an opportunity for Congress to change the law that has drawn much criticism, Malacañang said yesterday.
“I think those 120 days (is an) opportunity for the legislature to discuss and finalize whatever amendments that they have already voiced out in public,” presidential spokesman Edwin Lacierda said.
“The Senate has already – or some senators have already – mentioned that they intend to push for some amendments. Likewise in the House. So this would be perhaps a good time and also an opportunity for the legislature itself to amend the law,” he said. For more Info. Visit. philstar.com

  

SC Denies With Finality Anakpawis Member's Petition for Writs of Amparo, Habeas Data 

The Supreme Court has denied with finality the motion for reconsideration filed by a member of the party-list Anakpawis of its denial of his petition for review of the Court of Appeal (CA)’s decision denying his prayer for the issuance of the writs of amparo and habeas data and the dropping of former President Gloria Macapagal-Arroyo as a respondent in the case.

In a 19-page petition penned by Justice Bienvenido L. Reyes, the Court En Banc ruled that no substantial evidence exists to prove the claim of petitioner Francis Saez that there was threat to his life, liberty, and security from the military. Saez alleged that he was under surveillance as his name was included in the order of battle and other government records connecting him to the Communist Party of the Philippines (CPP). For more info. Visit :Supreme Court News 
  

SC: SK Federation President of Subic, Zambales Stays 

The Sangguniang Kabataan (SK) Federation President of Subic, Zambales gets to keep his post.

This after the Supreme Court’s Second Division affirmed the Court of Appeals (CA)’s ruling setting aside that of the SK Board of Election Supervisors (BES) of Subic, Zambales and the Regional Trial Court of Olongapo City which had nullified the proclamation of Ray Mark Rigonan as SK Federation President of Subic, Zambales.
In a nine-page extended resolution, the Court denied the petition assailing the CA decision of the SK BES of Subic Zambales and Maureen Sawey, who garnered the second highest number of votes next to Rigonan. For more info. Visit. Supreme Court News


Supreme Court initiates reforms to decongest jails

MANILA, Philippines - The Supreme Court (SC) has initiated reforms to decongest jails all over the country.
This, as the SC committee on decongestion of provincial, city and municipal jails chaired by Associate Justice Roberto Abad came up last Oct. 30 with proposed guidelines on bail and provisional dismissal.
The report, a copy of which was obtained by The STAR, was submitted to the office of Chief Justice Ma. Lourdes Sereno for approval of the SC. It aims to address jail congestion through the speedy release of detainees. For more info visit: Philstar.com

 

Supreme Court Reinstates Dismissal of Libel Cases Due to Procedural Defect

The Supreme Court has recently ordered the reinstatement of the portion of the order of the Regional Trial Court (RTC) in Mandaluyong, Branch 212, which dismissed the libel suits filed by singer-actress Sharon Cuneta-Pangilinan against petitioners Lito Bautista and Jimmy Alcantara for the alleged defamatory articles against her published in the tabloid Bandera. Bautista and Alcantara are Bandera’s Editor and Assistant Editor, respectively. Also charged with libel is Pete G. Ampoloquio, the author of the articles.
The RTC Mandaluyong had ordered the libel suits dismissed insofar as petitioners are concerned after granting the Demurrer to Evidence filed by them alleging that the prosecution had failed to prove their participation as conspirators of the crime charged. Respondent Cuneta-Pangilinan then filed a petition for certiorari to the Court of Appeals (CA) which the latter granted. The CA also ordered the cases against petitioners to be remanded to the trial court. For more info. Visit :Supreme Court News

 

SC Disallows Live Media Broadcast of Ampatuan Trial, Directs Instead Filming for Real-Time Transmission of Proceedings to Specified Viewing Areas and Documentation

The Supreme Court has recently disallowed the live media broadcast of the trial of the “Maguindanao massacre” cases and instead directed the filming of the proceedings for real-time transmission to specified viewing areas and documentary purposes.

In a six-page extended resolution,  the SC En Banc, among others, partially granted the Motion for Reconsideration filed by accused Andal Ampatuan, Jr., and modified its earlier June 14, 2011 Resolution which had allowed pro hac vice  live media coverage of the trial subject to certain guidelines. The Court held that that while it “recognizes the freedom of the press and the right to public information, which, by the way, are rights that belong to non-direct parties to the case, the rights of the direct parties should not be forgotten. In a clash among these competing interests and in terms of the values the Constitution recognizes, jurisprudence makes it clear that the balance should always be weighed in favor of the accused.” For more info. Visit :Supreme Court News

 

RH bill at the House of Representatives LIVE

The House passed the bill on second reading last week with 113-104 votes and three abstentions. More than 60 other representatives were absent from the session. VICTOR VILLANUEVA
MANILA, Philippines - The House of Representatives is expected to take up the controversial Reproductive Health (RH) bill for a third and final reading Monday.
The propose measure, which seeks to establish nationwide contraceptive and reproductive health programs, divided the lower house last December 12 when the bill was approved on second reading with 113 votes against the opposition's 104 votes. for more info. visit: http://www.philstar.com/nation/

Sin tax bill signed into law 

MANILA, Philippines - President Aquino signed yesterday the sin tax reform bill into law, paving the way for higher cigarette and liquor prices in the coming weeks.
After signing Republic Act No. 10351, Aquino thanked lawmakers who fought to have it passed amid strong lobby against the measure from what he described as groups “with deep pockets.”
“Many believed it was impossible to pass the sin tax bill” as those blocking its passage were “strong, noisy, organized,” the President said.
But he said it was ultimately hard work and unity that prevailed and made the day for the sin tax measure.
“Today, we sign, finally, a law that serves as an early Christmas gift to millions of Filipinos who will be covered by the universal health care program, who will benefit from new public clinics and hospitals that will be built, and who will be discouraged from smoking and drinking,” the President said in his speech during the signing ceremony at Malacañang.
“We have proven: nothing is impossible for Filipinos who are sailing in the same direction, whose hearts are in the right place, and who are ready to fight for their principles,” he said.
for more info visit : http://www.philstar.com/headlines/


SC Sets Orientation Meetings as Prelude to Revision of the Rules of Civil Procedure National Confab

The Supreme Court will hold orientation meetings on January 24 and 31 and February 1 for members of Judiciary, government lawyers, private law practitioners, and members of the academe in preparation for the 2013 National Convention for the Revision of the Rules of Civil Procedure.
The High Court, along with the University of the Philippines (UP) Law Center and the Integrated Bar of the Philippines, will meet with the concerned individuals to provide an opportunity for the participants to prepare and submit additional proposals for changes in the Rules of Civil Procedure.
The first meeting will be held at 2 p.m. this Thursday, January 24, 2013, at the Bernas Center, Ateneo Law School, Rockwell Center, Makati City. The succeeding meetings will be held on January 31, 2013 at the University of San Carlos (USC) Law AVR, Ground Floor, USC Law and Business School Bldg., Pelaez Street, Cebu City and February 1, 2013 at the Mahogany Room, JICA Bldg., Southern Philippines Medical Center, J.P. Laurel Avenue, Davao City.
For more information, please call telephone numbers (02) 526-6189 and (02) 521-7241 and look for Attys. Al Espaldon and Katlyn Aguilar.
for more info visit: http://sc.judiciary.gov.ph 

SC asked to order Congress to enact law against political dynasties

MANILA, Philippines—Senatorial hopeful Ricardo Penson asked the Supreme Court to compel both the Senate and the House of Representatives to enact a law that would prohibit political dynasties.
In a 20-page petition, Penson said while the 1987 Constitution, particularly Section 26 prohibits political dynasties, such provision is not self-executing thus there need to be a law enacted to define “political dynasties.”
However, Penson said it has been over 20 years since the Constitution took effect, but Congress has yet to enact a law against political dynasty.
“Although there have been a few bills on political dynasties, previously introduced in both houses of Congress, these have never been duly acted upon, with the end in view of having them enacted.”
“The introduction has thus become illusory and merely promotive of false hopes. And, though the officers and members of the respondents have taken oaths to uphold and defend the constitution…respondents, however have thus far failed and continue to fail, to perform their duties and comply with the mandate of the Constitution resulting to an abrogation of their sacred duty, which, unless remedied, the constitutional provision will continue to remain pure rhetoric and the noble objectives behind its institution merely illusory,” Penson said. 
for more info. visit :http://newsinfo.inquirer.net/ 

SC asked to reject cases vs RH law

MANILA, Philippines – Partylist Representative Risa Hontiveros on Monday asked the Supreme Court to dismiss the petitions assailing the constitutionality of the Reproductive Health Law.
In her motion to intervene, Hontiveros said the high court should “protect the lives of Filipino mothers and children and to remove all the impediments to the full implementation of the new law.”
“To ask these issues again betrays a desire to perpetuate misconceptions about reproductive health, contraceptives and family planning and prolong the delay in the implementation of the RH law,” Hontiveros said.
“There is already a vast array of medical evidence proving the efficacy of legal and FDA-approved contraceptives,” she a added
for more info. visit :http://newsinfo.inquirer.net/

 

SC Justice Leonen: Read our Decisions, focus on important issues

In a dinner hosted by the Columbia Alumni Association of the Philippines, Columbia alumnus and Supreme Court Justice Marvic Leonen emphasized the need for the highest court in the land “to become more visible in the way that we should be visible.”
“We are better read than heard and I suppose with the Public Information Office then perhaps there will be more ways for us to actually try to communicate (the rulings of the court) with the general public,” Leonen said.
Leonen underscored that “in our courts today, there are very important issues,” and that trivial matters such as the attendance of justices during flag ceremonies should take the back seat. He encouraged the public to mine the more important data – the cases being filed and decided on in the high court.
“The Supreme Court is an institution that is under studied,” Leonen remarked. “The institution is actually very transparent.”
Currently, the official website of the Supreme Court houses the decisions, also including dissenting and separate opinions, written by the justices. These materials dating back to January 1996 up to January 2013 are made readily available for the public to access and are updated regularly.
Recent issues brought to the Supreme Court have raised the public's awareness on the Cybercrime Prevention Act, the Framework Agreement on the Bangsamoro, and the Reproductive Health law among others. For more info. visit :http://sc.judiciary.gov.ph/

SC Reinstates Remorseful Lawyer Dismissed for Immorality 

The Supreme Court recently granted the petition (for extraordinary mercy) of a lawyer dismissed for immorality in 2004 to be reinstated in the Roll of Attorneys after the same “has sufficiently atoned for his transgressions.”
In a six-page resolution penned by Justice Estela M. Perlas-Bernabe, the Court En Banc ordered the reinstatement in the Roll of Edmundo L. Macarubbo who, at 58 years of age, “still has productive years ahead of him that could significantly contribute to the upliftment of the law profession and the betterment of society.” It added that while the Court was mindful of its duty to discipline and even remove its errant officers, it also has a duty to show compassion to those who have reformed their ways as in Macarubbo’s case.
In 2004, Macarubbo was disbarred for having contracted a bigamous marriage with complainant Florence Teves and a third marriage with one Josephine Constantino while his first marriage to Helen Esparza was still subsisting, which acts constituted gross immoral conduct in violation of Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility.
The Court held that Macarubbo “has sufficiently shown his remorse and acknowledged his indiscretion in the legal profession and in his personal life” and has since asked forgiveness from his children by complainant Teves and maintained a cordial relationship with them as proved by his photo evidence. It noted that following his disbarment, Macarubbo has returned to his hometown in Enrile, Cagayan and devoted his time tending an orchard and taking care of his ailing mother until her death in 2008. He also worked for the local government of Enrile, Cagayan, as well as taught part-time instructor at the University of Cagayan Valley and F.L. Vargas College and took an active part in socio-civic activities.
Macarubbo’s plea for reinstatement, the Court noted, was also duly supported by the Integrated Bar of the Philippines, Cagayan Chapter and his parish priest Rev. Fr. Camilo Castillejos, Jr., among others. Furthermore, records reveal that he has already settled his previous marital squabbles and sends regular support to his children. (Macarubbo v. Macarubbo, AC No. 6148, January 22,2013) 


Supreme Court upholds ouster of Batangas town mayor 

MANILA, Philippines - The Supreme Court (SC) has upheld the ouster of Mayor Renato Federico of Sto. Tomas town in Batangas.
In a 19-page decision released yesterday, the SC affirmed an earlier ruling of the Commission on Elections (Comelec) nullifying Federico’s proclamation for his invalid substitution of Edna Sanchez in the 2010 mayoral race.
Dismissing Federico’s petition, the SC held that the poll body correctly invalidated his substitution that came after the Dec. 14, 2009 deadline provided for under Section 13 of Comelec Resolution No. 8678.
The SC junked Federico’s contention that the Comelec resolution cannot prevail over the provisions of Section 77 of Batas Pambansa Bilang 881, or the Omnibus Election Code, which provides that a “substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election.”
The Comelec, according to the SC, “is empowered by law to prescribe such rules as to make efficacious and successful the conduct of the first national automated election,” and “as automated elections had been mandated by law, there was a need for the early printing of the ballots.” For more info. visit: http://www.philstar.com/nation

 

 

SC Gives Back P527-M Funds to National Coffers

he Supreme Court En Banc ordered its Fiscal Management and Budget Office (FMBO) to remit to the National Treasury the amount of P527,100,000 of the Special Allowance for the Judiciary (SAJ) Fund.
In a three-page minute resolution dated February 12, 2013, the Court instructed Deputy Clerk of Court and FMBO Chief Atty. Corazon G. Ferrer-Flores to remit “to the National Treasury as income of the Government’s General Fund” the amount of P527.1 million at the rate of P43,925,000 a month until the entire amount is fully remitted.
“Therefore, as suitably recommended by FMBO Chief Ferrer-Flores, the amount needed for the remittance should be sourced from the Court’s collection for the entire year and the remittance of the amount to the National Treasury should be made on a monthly basis,” the resolution stated.
Earlier, Atty. Ferrer-Flores sought clarification from the Court as to the effect of the Special Provision No. 1, A. Supreme Court of the Philippines and the Lower Courts (SCPLC), XXIX. The Judiciary, of the General Appropriations Act (GAA), FY 2013, which pertains to the special allowance granted to Justices, Judges, and all other positions in the Judiciary with the equivalent rank of Justices of the Court of Appeals and Judges of the Regional Trial Court under RA 9227, which have already been fully integrated into their salary increases as of June 1, 2012. For more info. visit :http://sc.judiciary.gov.ph/pio/news/2013


‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf
‘P10-B compensation for martial law victims inadequate’ - See more at: http://www.philstar.com/headlines/2013/02/01/903529/p10-b-compensation-martial-law-victims-inadequate#sthash.gD9EbbHp.dpuf

 

Reparation act, ‘victory’ for Martial Law victims 

Monday, February 25, 2013
MANILA -- Lawmakers lauded Monday President Benigno Aquino III for signing into law the Human Rights Victims Reparation and Recognition Act of 2013, saying it is a “victory” for Martial Law victims.
Under the law, which was signed in time for the 27th anniversary of the Edsa People Power Revolution on Monday, some P10 billion in funds from the alleged ill-gotten wealth of dictator Ferdinand Marcos will be used to pay the victims.
House Deputy Speaker Erin Tañada said the historic piece of legislation seeking to give justice to Martial Law victims was a product of an 18-year struggle.
“Now that the victims are being recognized for their sufferings, it is time to declare never again to Martial Law. If we have ‘tuwid na daan’ under PNoy, we should also have ‘tuwid na kasaysayan’ in order to prevent a wrong presentation of history,” he said in a text message.
Tañada, a stalwart of the ruling Liberal Party, said the future generation should not forget those who were tortured during the 20-year-rule of then President Ferdinand Marcos.
“At last, the long wait for the Martial Law victims is over. This is a victorious day for those who have awaited and fought for the State's recognition of their suffering under Martial Law,” said Bayan Muna party-list Representative Neri Colmenares in a statement.
Colmenares, one of the authors of the House version of the law, was tortured and imprisoned for four years when he was a student activist.
“This is a personal victory for me too. The overall message of this recognition is that Martial Law must never happen again, or in a call for vigilance - the people must not let it happen again,” he said.
Albay Representative Edcel Lagman, also an author, said Republic Act (RA) 10368 gives due reparation and recognition to countless victims of summary executions, enforced disappearances, deadly torture, and other atrocious violations of human rights and civil liberties.
Lagman's brother, activist-lawyer Hermon Lagman, disappeared during Martial Law. The lawmaker personally witnessed the signing of the law at the People Power Monument in Quezon City on Monday morning.
Senator Francis Escudero said the law is unique since it is the first time that a state recognizes a past administration’s abuse on its citizens through reparation and recognition.
The claimants and direct plaintiffs in the US Federal District Court of Honolulu, Hawaii who secured a decision in their favor against the estate and the Marcoses, and the human rights victims recognized by the Bantayog ng mga Bayani Foundation are conclusively presumed as human rights violations victims.
Other victims who will be filing their claims for the first time are required to submit their claims together with detailed sworn affidavits narrating the circumstances of the violations within a period of six months from the effectivity of the law.For more info. visit: http://www.sunstar.com.ph/manila/local-news/

SC junks bid to stop political ads on TV before the campaign period


MANILA, Philippines—The Supreme Court has dismissed the petition filed by an independent senatorial candidate that questioned the television advertisements of several senatorial candidates which were aired prior to the start of the campaign period.
In a two-page resolution dated February 11 but was released to the public only on Friday, the high court’s second division said the petition filed by Atty. Samson Alcantara lacks valid ground.
“Having failed to satisfy the requisites for a writ of prohibition to issue, this petition must therefore be dismissed,” the high court said.
It added that the relief sought by petition requires the “impugned party to be a tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial
functions.”
“In this case, the impugned act subject of the petition for prohibition is being performed by persons in the exercise of neither judicial, quasi-judicial or ministerial functions. Nor can it be said to have been performed ‘without or in excess of jurisdiction or with grave abuse of discretion’ as to fall within the Court’s expanded power of judicial review under Rule 65 of the Rules of Court,” it added.
In his petition, Alcantara urged the high court to stop the television advertisements of Representatives Juan Edgardo Angara (Aurora), Joseph Victor Ejercito (San Juan City), Juan Ponce Enrile (Cagayan) Jr., Sen. Alan Peter Cayetano, and Puerto Princesa, Palawan mayor Edward Hagedorn.
For more info. visit :http://newsinfo.inquirer.net/


It’s final: SC denies anti-dynasty petitions

The Supreme Court has dismissed with finality two remaining petitions seeking it to compel Congress to enact an antidynasty law.
SC spokesperson Theodore Te said Wednesday that the high court “denied with finality” the motion for reconsideration filed by independent senatorial candidate Richard Penson and Sen. Teofisto Guingona Jr. in relation to their petitions seeking for Congress to be compelled to enact an antidynasty law.
The high court reached the decision in an en banc meeting last Tuesday.
This brought to three the number of petitions on the antidynasty law issue that the high tribunal had dismissed. Last January, the high court dismissed the motion for reconsideration sought by businessman Louis Biraogo on the dismissal of his petition in December last year.
For more info. visit: http://newsinfo.inquirer.net/

 

For notarizing document without client present, lawyer suspended by SC


Notaries public have been forewarned.
The Supreme Court has suspended a notary public from the practice of law for one year after he notarized a document despite the absence of the person executing it.
In a decision dated Feb. 13 and released recently, the Supreme Court’s Third Division found lawyer Roseller Viray of Asingan, Pangasinan, guilty of breaching the Code of Professional Responsibility and the 2004 Rules of Notarial Practice.
Aside from the suspension, Viray was prohibited from performing the functions of a notary public for two years. He was also warned that repetition of the offense would be dealt with “more severely.”
“Respondent’s failure to perform his duty as a notary public resulted not only in damage to those directly affected by the notarized document but also in undermining the integrity of a notary public and degrading the function of notarization. Lawyers commissioned as notaries public are mandated to discharge with fidelity the duties of their offices, such duties being dictated by public policy and impressed with public interest,” the high tribunal said in a six-page ruling penned by Justice Diosdado Peralta.
Justice Presbitero Velasco Jr., division chairman, and Justices Roberto Abad, Jose Mendoza and Marvic Leonen, division members, concurred in the ruling.
For more info. visit:http://newsinfo.inquirer.net/

SC stops implementation of RH law 

MANILA, Philippines - The Supreme Court on Tuesday issued a status quo ante order on the Reproductive Health (RH) law signed by President Benigno Aquino III last December.
Voting 10-5, the high court stopped the implementation of the RH law for four months or 120 days.
Those who voted for the status quo ante order were Teresita de Castro, Arturo Brion, Lucas Bersamin, Diosdado Peralta, Presbitero Velasco Jr., Roberto Abad, Bienvenido Reyes, Jose Mendoza, Jose Perez and Martin Villarama Jr.
Those who voted against the order were Chief Justice Ma. Lourdes Sereno, Antonio Carpio, Mariano del Castillo, Marvic Leonen and Estela Perlas-Bernabe. For more info. visit :http://www.philstar.com/headlines/2013/03/19/921601/sc-stops-implementation-rh-law

 

2012 bar result is second lowest passing rate in history – SC committee


MANILA, Philippines—The bar examination committee of the Supreme Court on Wednesday said the result of the 2012 bar examination was second lowest passing rate in the history of professional licensure examination for lawyers in the Philippines.
A total of 17.76 percent or 949 out of 5,343 passed the 2012 bar examination, the Supreme Court announced Wednesday. It added 5,686 of examinees but only 5,343 completed the four Sunday examinations.
Committee Chairman Associate Justice Martin Villarama said the high court has reduced the passing percentage from 75 percent to only 70 percent.
If the passing rate would not be reduced, only 361 law graduates would have passed the bar or 6 percent, the committee said. For more info. Visit :http://newsinfo.inquirer.net/



SC OBC starts processing clearance for the 2012 Bar Exam Passers 

On April 1, 2013, the Office of the Bar Confidant processed the bar clearance of the 85 out of 949 law graduates who passed the 2012 Bar Examinations. The clearance is a necessary step before a successful bar examinee can attend the Oath-Taking Ceremonies on April 24, 2013.
The OBC will process the clearance of the 2012 bar passers until April 23, 2013 from 8:30 am to 5:00 pm (M-F.) Bar passers who have not yet secured their clearance should take note of the following reminders:
  1. OBC requires each bar passer to show two (2) valid IDs at the start of the clearance. It is recommended that each bar passer bring at least three (3) valid IDs since SC visitors are required to leave one (1) valid ID with the SC security guards stationed at the main gate.
  2. Successful examinees must secure their clearances personally. Processing of clearance via proxy is not allowed.
  3. Each successful bar examinee is required to pay a total of Php 4,300 before the Oath-Taking Ceremonies. The clearance from the OBC is required to be presented to the SC Cashier for the payment of Php 3,100 (Php 3,000 bar admission fee plus Php 100 certification fee.) The same clearance is to be presented to the IBP representative (stationed at the OBC) for the payment of Php 1,200 (Php 1,000 IBP annual membership dues plus Php 200 building fund fee.)
  4. During the Oath-Taking ceremonies, only those in toga (gown only) will be allowed to enter the Plenary Hall of the PICC. Bar passers who will be attending the Oath-Taking may rent gowns for Php 250 from the toga rental service stationed near the main gate of the Supreme Court. Source http://sc.judiciary.gov.ph/pio/news/2013

New lawyers take oath, told to shun corruption 

MANILA, Philippines - The 949 law graduates who passed last year’s Bar were told to shun corruption as they took their oath as new lawyers yesterday before the Supreme Court (SC).
In her address during the oath-taking ceremony at the Philippine International Convention Center in Pasay City, Chief Justice Ma. Lourdes Sereno told the Bar passers to engage in a cultural revolution to change public perception of lawyers as corrupt, selfish, arrogant people. One of those sworn in as new lawyers is Sereno’s son Jose Lorenzo. For more info visit :http://www.philstar.com/headlines/

 

949 NEW LAWYERS BY APRIL 24 (UPDATED)

Nine hundred forty-nine (949) law graduates who passed the 2012 Bar Examinations are set to take their oath as ‘officers of the court’ before the Supreme Court in a special En Banc session tomorrow April 24, Wednesday at the Philippine International Convention Center in Pasay City.
SC Associate Justice Martin S. Villarama, Jr. chaired the 2012 Committee on the Bar Examinations. The Bar examiners were Solicitor General Francis H. Jardeleza (Political and Public International Law), Court of Appeals (CA) Presiding Justice Andres B. Reyes, Jr. (Labor and Social Legislation), Atty. Jesus M. Manalastas (Civil Law), Atty. Victorino C. Mamalateo (Taxation), Atty. Lily K. Gruba (Mercantile Law), Judge Thelma Allena-Ponferrada (Criminal Law), Sandiganbayan Justice Rafael R. Lagos (Remedial Law), and CA Justice Manuel M. Barrios (Legal Ethics and Practical Exercises).
For more info visit:http://sc.judiciary.gov.ph/

 

CJ Sereno Exhorts 949 New Lawyers to Engage in Counter Cultural Revolution 

Chief Justice Maria Lourdes P. A. Sereno delivered the keynote address during the oath taking of the Nine hundred forty-nine (949) law graduates who passed the 2012 Bar Examinations during  a special En Banc session on April 24, Wednesday at the Philippine International Convention Center in Pasay City.
In her speech, the Chief Justice exhorted the 949 new lawyers to help stop the negative public perception of lawyers by engaging in a "counter-cultural revolution to bring about the reversal of this public view of lawyers." She acknowledged that while the Supreme Court must lead by example, this counter-cultural revolution would not succeed if not "infused with the energetic blood of the young and lifted by the heights of their creativity and imagination." She pointedly asked each one of them to say in their heart, "I will not be corrupt, and I will allow no one to corrupt me."For more info visit:http://sc.judiciary.gov.ph/


Ret. SC Justice Hugo E. Gutierrez, Jr. Passes Away

Justice Gutierrez's remains will lie in state at the Tulip Room, 2nd Floor of the Sanctuarium, located along Araneta Avenue in Quezon City and may be viewed starting in the morning of June 13, Thursday, until the evening of June 15, Saturday. His body will be cremated on Sunday, June 16, and his ashes subsequently brought to Lubao, Pampanga of which he was a native. Visitors are requested to omit flowers.
He is survived by his spouse Esperanza and son Daniel and grandchildren. His daughter Mae Carolyn has passed away earlier.
He had been in and out of the hospital for the last two years, and for the last three weeks had been in the Critical Care Unit of the the St. Luke's Medical Center Quezon City.
Before joining the Court, Justice Gutierrez worked with the Office of the Solicitor General. While sitting on the SC as Justice, he became well known for his adherence to civil liberties.
He was part of the Committee which worked on the Fundamentals of Decision Writing for Judges, a quick-guide on decision writing for trial judges. His last known project with the Court, Fundamentals was published and released in 2009 by the Philippine Judicial Academy (PHILJA).For More Info Visit :Supreme Court News and Updates

 Chief Justice Sereno Laments Lack of Prosecutors A Reason in Delay of Cases

February 18, 2014

Chief Justice Maria Lourdes P. A. Sereno lamented the lack of prosecutors as one of the reasons for the delay of cases.
The Chief Justice made this revelation during the recent launching of the Enhanced Justice on Wheels (EJOW) Program in Mandaluyong City, wherein 19 inmates have been released after a day’s activity of the mobile court.
Chief Justice Sereno said that she already shared sentiments with Justice Secretary Leila De Lima in one of the meetings of the Justice Sector Coordinating Council (JSCC), where they are both members. She said she had discussed this also with fellow JCSS member Interior Secretary Manuel “Mar” Roxas.
“All concerned agencies in the criminal justice system should coordinate. We all should communicate,” the Chief Justice underscored.
Chief Justice Sereno requested the public “to bear with the Judiciary” as its works to further uplift status by professionalizing its system. Sharing her vision of a technology-savvy Judiciary, Chief Justice Sereno shares that she foresees that the Judiciary will soon serve electronic subpoenas and notices to the parties. The Chief Justice is on the second year of her 20-year tenure as the top magistrate of the High Tribunal.
Aside from the release of the 19 inmates, the EJOW activity also resulted in the promulgation of 19 cases and dismissal of 67 others. Of the 27 cases referred for mediation, four were successfully mediated, while the rest were reset or sent back to the court. Furthermore, 180 received medical and dental assistance, as well as 288 participated in the information legal lectures among barangay leaders, while 150 participated in the dialogue among the stakeholders in the criminal justice system.
Also present during the launching were Supreme Court Justice Mariano C. Del Castillo, Court Administrator Jose Midas P. Marquez, Deputy Court Administrator Raul B. Villanueva, Deputy Court Administrator Thelma C. Bahia, Assistant Court Administrator and Public Information Office Chief Theodore O. Te, Mandaluyong City Mayor Benjamin “Benhur” Abalos, Jr., and Mandaluyong City Rep. Neptali “Boyet” M. Gonzales II. Likewise, the judges, officers and employees of the Mandaluyong trial courts were present.
After the EJOW activity, Chief Justice Sereno proceeded to the Correctional Institution for Women (CIW) in Mandaluyong City to keynote CIW’s 83rd Foundation Anniversary and personally inspect the facilities of the penitentiary.
Chief Justice Sereno assured the CIW and its inmates them that the Judiciary is coordinating with the other justice sectors to administer justice. Speaking in vernacular, Chief Justice told the inmates to accept the Judiciary’s love. “I leave committing you to the care of God. We care for you and we will not forget,” the Chief Justice said.
During her visit to the cells, Chief Justice gave the CIW inmates this advice: “Keep busy. Exercise. Always put a smile on your face. Regain your dignity.” 

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