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SC affirms ruling granting bail to ex-Masbate lawmaker, Napoles
The Supreme Court (SC) has affirmed a ruling of the Sandiganbayan that allowed businesswoman Janet Lim-Napoles and former Masbate congresswoman Rizalina Seachone-Laneta to post bail in the plunder charges filed against them in connection with the Priority Development Assistance Fund (PDAF) or pork scam......»»
SC upholds decision granting Napoles bail in one PDAF case
Pork barrel scam mastermind Janet Lim-Napoles and former Masbate Rep. Rizalina Seachon-Lanete have been allowed to post bail after the Supreme Court dismissed a case related to the Priority Development Assistance Fund......»»
A mandatory duty
With dynasty-building reaching shameless proportions, the Supreme Court has finally been asked to step in and mandate Congress to carry out a task set out in the Constitution: to define and prohibit political dynasties......»»
SC: LGU lawyers cannot represent local execs
Legal officers of local government units cannot represent LGU officials in cases filed before the Office of the Ombudsman, according to the Supreme Court......»»
Sandigan affirms dismissal of forfeiture vs 3 coco levy firms
The Sandiganbayan has affirmed the finality of the dismissal of a forfeiture case against three of the firms created out of the Coconut Industry Investment Fund, also known as the coco levy funds, during martial law......»»
SEC affirms P2M fine vs NOW Corp., CEO
The case concerns the alleged misleading disclosures of NOW Corp. on the supposed P2.6 billion unpaid obligation to the Philippine government......»»
SC affirms lawyer’s dismissal for hiding murder case folder
The Supreme Court has upheld the dismissal from government service of a lawyer for hiding the records of the Ruby Rose Barrameda murder case in his file cabinet at Malacañang......»»
More senators condemn China’s ‘bullying’ in WPS
More senators on Monday condemned China’s aggressive actions in the West Philippine Sea which resulted in a collision with Philippine vessels en route to a resupply mission to the Ayungin Shoal. For Senate Deputy Majority Leader Joseph Victor “JV” Ejercito, China “has gone too far in disrespecting the Philippines” when it performed “dangerous blocking maneuvers” that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. “I strongly condemn the recent aggression of the Chinese Coast Guard against our Philippine Coast Guard,” Ejercito said in a statement. “The reckless maneuvers executed by the CCG, which resulted in a collision with the Armed Forces of the Philippines-contracted resupply vessel, were not only provocative but also a blatant act of bullying that must be denounced, not only by us but by the international community,” he added. Ejercito said the act of harassment of China within the Philippines' exclusive economic zone “obviously violates our sovereignty and territorial integrity.” “We must strongly assert the 2016 arbitral ruling, which clearly affirms that the Philippines has the exclusive rights over the West Philippine Sea,” he said. “This ruling is not only legally binding but a reflection of the principles of international law,” he added. China claims the vast South China Sea, including the West Philippine Sea. However, on 12 July 2016, the Permanent Court of Arbitration favored the Philippines’ arbitral case against China. Seven years after the Tribunal favored the Philippines’ arbitral case against China, the ruling remains on paper as China continues to disregard it by keeping its illegal activities in the West Philippine Sea. Ejercito said it is “essential to note that this is not the first time the CCG has engaged in such provocative actions against our coastal guards and fisherfolks.” “Moreover, it is the government's duty to ensure the safety of our waters for all Filipinos. We cannot and will not allow such incidents to jeopardize the safety of our people, particularly those who serve in our armed forces and the PCG,” he said. “At the same time, I personally believe that it is high time to expedite the modernization of our Armed Forces in the coming years to protect our sovereignty, safeguard our maritime interests, and ensure the safety and security of our people,” he added. ‘Potential flashpoint’ Senator Grace Poe, likewise, expressed concern over the “dangerous blocking maneuver” carried out by CCG against Philippine vessels. “China's latest act of aggression poses a credible concern that could heighten the tension not only between Philippines and China, but could also be a potential flashpoint in the region,” Poe said in a separate statement. “While an immediate diplomatic protest is anticipated, the recent incident calls for a serious rethinking of our strategies in dealing with these acts,” she added. She continued: “As we firmly assert our rights in our waters, fortifying our relations with like-minded states must continue to thwart similar belligerent actions.” On Sunday, Senate President Juan Miguel “Migz” Zubiri, Senators Risa Hontiveros, and Francis Tolentino expressed their anger over the collision that put the safety of the Filipino crew at risk. “I am one with peace-loving Filipinos in strongly condemning this latest abhorrent actions of the China Coast Guard and Chinese maritime militia that put in danger the lives of our brave countrymen who were on a routine resupply mission to our troops in Ayungin Shoal,” Zubiri said. “Let me salute our personnel from the Philippine Coast Guard (PCG) and the Armed Forces of the Philippines (AFP) for displaying courage and restraint in continuing their resupply missions despite the hostile and treacherous acts of China Coast Guard and their maritime militia,” he added. Hontiveros echoed Zubiri’s call on China to “stop” its activities in the West Philippine Sea which she said clearly violates international law. “This latest collision is squarely the China Coast Guard’s fault,” she said in a separate statement. “The 2016 Arbitral Award has resolutely invalidated China’s claims in the West Philippine Sea, making this incident a clear violation of international law,” she added. For his part, Tolentino said the recent confrontation between the Philippines and China clearly shows China’s continuous disregard for international law. He noted that the incident should be investigated by the International Convention for the Safety of Life at Sea and the Code for Investigation ng Marine Casualties and Incidents of the International Maritime Organization. The post More senators condemn China’s ‘bullying’ in WPS appeared first on Daily Tribune......»»
U.S., Canada lambast PRC
The United States on Sunday denounced China’s actions in the West Philippine Sea that led to the collision of its ships with Philippine boats en route to a resupply mission to the Ayungin Shoal. In a tweet, US Ambassador to the Philippines MaryKay Carlson described China Coast Guard’s actions as a “disruption” of a “legal” resupply mission of the Philippines to the BRP Sierra Madre, its permanent military post in the West Philippine Sea. She tweeted on X that the US “condemns” China’s “latest disruption of a legal Philippine resupply mission to Ayungin Shoal, putting the lives of Filipino service members at risk. One of two boats contracted by the Philippines to bring supplies to the BRP Sierra Madre was bumped by a China Coast Guard Ship before a Chinese militia vessel did the same to a Philippine Coast Guard escort ship. Carlson said Washington “stands” with Manila in “protecting Philippine sovereignty and in support of a #FreeAndOpenIndoPacific.” Over the past months, the US had reiterated its “ironclad” alliance commitment to the Philippines amid the escalating tension in the WPS, a portion of the South China Sea claimed by the Philippines and China. In August, US Defense Secretary Lloyd Austin III stressed that the Mutual Defense Treaty between Washington and Manila extends to the latter’s public vessels. Unlawful conduct Canada also condemned what it described as “unlawful and dangerous conduct” of the People’s Republic of China in the WPS, which “provoked two collisions with Philippine vessels engaged in routine operations inside the Philippine Exclusive Economic Zone, in the vicinity of Ayungin Shoal.” “The PRC’s actions are unjustified. China has no lawful claim to the West Philippine Sea. Its actions are incompatible with the obligations of a signatory to the UN Convention on the Law of the Sea,” the Canadian Embassy in Manila said. “Continuing acts of intimidation and coercion undermine safety, stability, and security across the region and increase the risk of miscalculation,” it added. Canada said it welcomed the news that no injuries resulted from the collisions and commended the “professionalism and restraint exercised” by the Philippine Coast Guard. “Canada affirms its support for a rules-based order in the South China Sea consistent with international law, including UNCLOS and the 2016 Arbitral decision, which is final and binding on the parties,” it said. Ayungin Shoal, also known as Second Thomas Shoal, is 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration — a landmark decision that China continues to reject. Germany also expressed concern over the incident in the WPS. Senators enraged “Germany is very concerned about recent confrontations in the SCS involving Chinese coast guard ships and maritime militia vessels in the Exclusive economic zone of the Philippines,” German Ambassador to the Philippines Ambassador Andreas Pfaffernoschke said in a separate tweet. Pfaffernoschke called on “all parties to act in accordance with UNCLOS-rules and to respect the 2016 arbitral award. Senators also condemned China’s actions. In separate statements, Senate President Juan Miguel “Migz” Zubiri, Senators Risa Hontiveros and Francis Tolentino expressed anger over the collisions that put the safety of the Filipino crew at risk. “I am one with peace-loving Filipinos in strongly condemning this latest abhorrent actions of the China Coast Guard and Chinese maritime militia that put in danger the lives of our brave countrymen who were on a routine resupply mission to our troops in Ayungin Shoal,” Zubiri said. Zubiri called on CCG to “respect human lives and abide by the United Nations Convention on the Law of the Sea and other international laws governing safe maritime travel.” “This latest collision is squarely the China Coast Guard’s fault,” Hontiveros said. “The 2016 Arbitral Award has resolutely invalidated China’s claims in the West Philippine Sea, making this incident a clear violation of international law.” For his part, Tolentino said the recent confrontation between the Philippines and China clearly shows China’s continuous disregard for international law. He noted that the incident should be investigated by the International Convention for the Safety of Life at Sea and the Code for Investigation ng Marine Casualties and Incidents of the International Maritime Organization. The post U.S., Canada lambast PRC appeared first on Daily Tribune......»»
US, Canada condemn China’s ‘disruption’ of Phl’s resupply mission to Ayungin Shoal
The United States on Sunday denounced China’s actions in the West Philippine Sea that led to a collision of its vessels with Philippine vessels en route to a resupply mission to the Ayungin Shoal. In a tweet, US Ambassador to the Philippines MaryKay Carlson described China Coast Guard’s actions as a “disruption” of a “legal” resupply mission of the Philippines to the BRP Sierra Madre, its permanent military post in the West Philippine Sea. “The United States condemns PRC’s latest disruption of a legal Philippine resupply mission to Ayungin Shoal, putting the lives of Filipino service members at risk,” Carlson said on X, formerly known as Twitter. Earlier today, the National Task Force for the West Philippine Sea accused the CCG of performing "dangerous blocking maneuvers" that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. The NTF-WPS condemned the “provocative, irresponsible, and illegal action” of the China Coast Guard ship which “imperiled the safety” of the Unaiza May 2 crew. It also flagged the “bumping” of the Chinese Maritime Militia vessel against the Philippine Coast Guard BRP Cabra’s port side while it was lying approximately 6.4 nautical miles northeast of Ayungin Shoal. Carlson said Washington “stands” with Manila in “protecting Philippine sovereignty and in support of a #FreeAndOpenIndoPacific.” Over the past months, the US reiterated its “ironclad” alliance commitment to the Philippines, amid the escalating tension in the WPS, a portion of the South China Sea both claimed by the Philippines and China. In August, US Defense Secretary Lloyd Austin III stressed that the Mutual Defense Treaty between Washington and Manila is extended to the latter’s public vessels. In a separate statement, Canada also condemned what it described as “unlawful and dangerous conduct” of the People's Republic of China in the WPS, which “provoked two collisions with Philippine vessels engaged in routine operations inside the Philippine Exclusive Economic Zone, in the vicinity of Ayungin Shoal.” “The PRC's actions are unjustified. China has no lawful claim to the West Philippine Sea. Its actions are incompatible with the obligations of a signatory to the UN Convention on the Law of the Sea,” the Canadian Embassy in Manila said. “Continuing acts of intimidation and coercion undermine safety, stability, and security across the region, and increase the risk of miscalculation,” it added. Canada said it welcomed the news that no injuries resulted from these collisions and commended the “professionalism and restraint exercised” by the Philippine Coast Guard. “Canada affirms its support for a rules-based order in the South China Sea consistent with international law, including UNCLOS and the 2016 Arbitral decision, which is final and binding on the parties,” it said. Ayungin Shoal, also known as Second Thomas Shoal, is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. China claims the vast South China Sea, including the West Philippine Sea. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration – a landmark decision that China continues to reject. The post US, Canada condemn China’s ‘disruption’ of Phl’s resupply mission to Ayungin Shoal appeared first on Daily Tribune......»»
Barrier removal BBM’s call — PCG
Dismantling the floating barrier that China installed at Scarborough Shoal or Bajo de Masinloc is a matter for President Ferdinand Marcos Jr. to decide, a Philippine Coast Guard official said yesterday. Commodore Jay Tarriela, PCG spokesperson for the West Philippine Sea, said they had reported the discovery of the 300-meter barrier to the National Task Force for the West Philippine Sea, or NTF-WPS. “Should the NTF-WPS recommend to the President the actions to be taken, the PCG, the Bureau of Fisheries and Aquatic Resources, and even the Armed Forces of the Philippines would comply,” Tarriela said. Tarriela was apparently reacting to the call made by Senate President Juan Miguel Zubiri for the PCG to remove the barrier as it poses a danger to Filipino fishermen and keeps them from the shoal’s rich fishing grounds. Tarriela, however, said the PCG had yet to consult with Mr. Marcos and other officials of the national government on what to do about the barrier. The PCG said three China Coast Guard inflatable boats backed by a Chinese maritime militia vessel installed the floating barrier. Also on Monday, the Department of Foreign Affairs vowed to press the Philippines’ sovereignty over Scarborough Shoal. “We will take all appropriate measures to protect our country’s sovereignty and the livelihood of our fisherfolk,” the DFA said. “Bajo de Masinloc is an integral part of the Philippines over which we have sovereignty and territorial jurisdiction according to UNCLOS (United Nations Convention on the Laws of the Sea),” the DFA said. In 2012, Chinese and Philippine vessels faced each other in a standoff at the shoal, which was defused when the Philippines withdrew its ships, which China did not do with its ships despite an agreement to do so. China has since maintained control of the shoal even after a 2016 ruling of the Permanent Court of Arbitration deemed the shoal to be part of the Philippines’ 200-nautical-mile exclusive economic zone in the West Philippine Sea. The landmark ruling, which also dismissed as illegal China’s claim to nearly the entire South China Sea, arose from a case filed by the Philippines before the arbitral court in 2013. China, however, has refused to abide by the ruling. “The 2016 Arbitral Award affirms it (Bajo de Masinloc) as a traditional fishing ground for Filipino fisherfolk,” the DFA pointed out. “China’s reported installation of barriers and its negative impact on the livelihood of Filipino fisherfolk or any other activity that infringes on the Philippines’ sovereignty and jurisdiction in Bajo de Masinloc are violations of international law, particularly UNCLOS and the Arbitral Award,” it added. The installation of the barrier was roundly criticized by European Union Ambassador to the Philippines Luc Veron, who described it as “deeply concerning.” In a tweet, Veron said the “floating barrier is dangerous, detrimental to the livelihood of Philippines fishermen, and disregards the peace-driven objectives of UNCLOS.” The post Barrier removal BBM’s call — PCG appeared first on Daily Tribune......»»
Sandigan affirms dismissal of forfeiture case vs late Ferdinand Marcos, Imelda
The Sandiganbayan has upheld its earlier decision dismissing another forfeiture case filed by the Presidential Commission on Good Government against the late dictator Ferdinand Marcos, his widow Imelda and their cronies......»»
Sandigan affirms dismissal of forfeiture case vs FM, Imelda
The Sandiganbayan has upheld its earlier decision dismissing another forfeiture case filed by the Presidential Commission on Good Government (PCGG) against the late dictator Ferdinand Marcos, his widow Imelda and their cronies......»»
Teodoro gets CA nod
The Commission on Appointments on Wednesday approved the ad interim appointment of Gilberto “Gibo” Teodoro Jr. as secretary of the Department of National Defense. Prior to his confirmation, the 12-member House contingent of the powerful CA spared Teodoro from questioning as a “courtesy” to the Defense chief who previously worked as Tarlac's 1st district representative. “The 12-member House of Representatives contingent will no longer ask questions regarding the nominee being a former member of Congress for three consecutive terms in the 11th, 12th, and 13th Congress,” said Camarines Sur 2nd District Rep. LRay Villafuerte, the majority leader of the CA. Villafuerte added that the House contingent “has no doubt regarding the fitness and integrity of the nominee”. He appealed to their counterpart, the Senate to accord the same courtesy to Teodoro. From the 12-member Senate contingent, only Senator Risa Hontiveros asked questions to Teodoro. Hontiveros questioned Teodoro about his plans for the DND, now under his watch for the second time. He held the same position under the administration of then-President Gloria Macapagal Arroyo at the age of 43, the youngest ever appointee to the agency. Responding to the lawmaker’s query, Teodoro admitted that there has been a “shift in the evolution” from his first stint in the DND. He noted that he is now focusing on “straddling the balance between maintaining internal security and with an emphasis definitely given what is happening to the outside environment.” “We are strengthening our defense posture. We are gradually enhancing the capabilities of the AFP (Armed Forces of the Philippines),” he said. The Defense chief said he is also working on “leveraging” the country’s alliance with other nations to strengthen the country’s capability to protect itself from external threats. By doing so, he noted that he would try to introduce “management solutions to managerial problems, and not military solutions to managerial problems.” “That is the transformation that we are trying to make. We are also deeply restrategizing what we intend to do at least in the next five years in order not only to make the defense department more responsive to the outside and internal environments but also to make more efficient our use of resources, and to use information technology to the highest extent possible,” he added. Teodoro also underscored the importance of strengthening the country’s capability to respond to external strength and not just rely on diplomacy. “[T]he intensity of the need to focus on protecting our sovereignty, our sovereign rights, in the exclusive economic zone and other jurisdictions of the country become more paramount now, as the whole world is in a raise for resources,” he said. “We could not afford to be laidback here. We should be cognizant of it because we can and principally use diplomacy, however, if diplomacy is not backed up by a strong spinal cord, then we will just be stymied by a greater force,” he added. He made the remarks amid the increasing tension between the Philippines and China in the West Philippine Sea. China claims the vast South China Sea, including the West Philippine Sea. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration – a landmark decision that China continues to reject. Teodoro said the Defense Department wishes the concentrate on not only guarding the islands of the archipelago and its internal waters but also on securing “peaceful, unimpeded, and unobstructed exploitation, and exploration of our sovereign rights over the 200 nautical mile EEZ of the republic and in all areas of the Philippines, to secure our baselines.” Last June, President Ferdinand Marcos Jr. announced Teodoro’s appointment as the new DND secretary, replacing Carlito Galvez Jr. who led the agency for five months. Aside from Teodoro, the CA also approved the promotion of 11 generals and senior officers of the AFP. Jose Jesus Luntok, Ramon Flores, Dennis Pacis, Nasser Lidasan, Benedict Balaba, Steve Crespillo, Arvin Lagamon, Ivan Papera, Lloyd Cabacuñgan, and Fernando Ventura secured CA’s approval for their rank of Brigadier General. Peter Jempsun de Guzman’s rank of Commodore was also approved. The post Teodoro gets CA nod appeared first on Daily Tribune......»»
Taiwan OFW Ugnayan shelter makes do sans MECO support
A shelter run by a Filipino priest in Taiwan, which has been assisting overseas Filipino workers in distress, will no longer be receiving support from the Philippine representative office there. Father Joy Tajonera, who runs the Ugnayan shelter in Taichung, said that under the new administration, the Manila Economic and Cultural Office in Taiwan has decided to halt support for his work at Ugnayan. Tajonera, in a recent interview with Daily Tribune’s Usapang OFW digital show, revealed that “MECO has decided not to support the work of Ugnayan to help Filipinos in Taiwan.” “This is the first time for us not to receive support from the government; from the time of GMA up to Duterte, we got support from MECO,” Tajonera said, referring to former presidents Gloria Macapagal-Arroyo and Rodrigo Duterte. He added that the pullout of support has nothing to do with the changes that had been put in place with the enactment of RA 11641, or the Department of Migrant Workers Act, replacing the Philippine Overseas Employment Administration. Among the changes were the setting up of the Migrant Workers Office, replacing the Philippine Overseas Labor Office, to address the needs of OFWs, whether legal or undocumented, and assigning support for non-OFWs like tourists, students, business people, and the like — to embassies and consulates, and in the case of Taiwan, to MECO. “That has nothing to do with the pullout of support because the assistance that we provide is for all who need help regardless of race, not just OFWs, although they are the ones we give assistance to the most,” Tajonera said. The MECO is the Philippine representative office in Taiwan in keeping with the One-China policy adopted by the Philippines in 1975. “MECO decided under this new administration that they would not support us anymore. No reason was given, and I decided not to pursue an explanation anymore as we continue to provide support with the help of our ministry. We have not stopped with our services to fellow Filipinos, regardless of reason or situation,” Tajonera said. Tajonera added that he will not be seeking financial help from the Taiwan government despite the pullout of support from MECO. “We want to keep Ugnayan independent. I believe that our mission in Ugnayan is to help people without conditions, especially when it comes to providing shelter,” he said. Tajonera has been running Ugnayan since 2002, getting funding from its ministry, and donations from the masses, and locals in the community. The post Taiwan OFW Ugnayan shelter makes do sans MECO support appeared first on Daily Tribune......»»
Pork’s different strokes
Efforts have begun in the House of Representatives to raise the Motor Vehicle Road Users Charge or the Road Users Tax after President Ferdinand “Bongbong” Marcos Jr. identified the levy as a main source of precious funds. The eagerness of the members of the House to comply with the proposal to hike the tax makes people wary. Proceeds from the tax are the favorite source of legislative pork. Albay Rep. Joey Salceda’s bill indicates the MVUC which ranges from P120 to P4,000 will be raised to between P2,080 and P10,400 for cars, depending on their gross weight. Under the proposal, the MVUC will be increased by a fixed rate yearly until 2025, and by 5 percent from 2026 onwards. Salceda is looking at collecting P151 billion more in revenue from 2024 to 2027 through the higher MVUC. The higher collections should be earmarked for road improvements which is under the Department of Public Works and Highways after President Rodrigo Duterte signed a law abolishing the graft-tainted Road Board. The disposition of the MVUC sparked the feud between House members and the Department of Budget and Management during the initial years of the Duterte term after then Budget Secretary Ben Diokno refused to release the MUVC proceeds until the Road Board was dissolved. Moreover, the late former President Benigno “Noynoy” Aquino III exploited the RUT funds using them as leverage to get House members to impeach former Ombudsman Merceditas Gutierrez and to obtain the legislators’ approval for his political agenda, such as a measure seeking to postpone the Autonomous Region of Muslim Mindanao election to allow Noynoy to place his appointees in the Muslim region. The Road Board had an unusual collection setup that practically freed its state audit, making it a perfect “cash cow” as termed by some senators. Gutierrez was impeached overwhelmingly in the House after Noynoy first dangled the pork barrel, saying through his House allies that those who would vote against the impeachment would not receive their pork barrel while those who signed the measure would get a P20-million bonus taken from the Road Board.Later, Gutierrez, knowing that she was in a losing situation, resigned from her post despite her having a guaranteed term. She was replaced by Noynoy’s favorite associate justice, Conchita Carpio-Morales, who carried out the yellow brand of selective justice. Gutierrez had displeased Noynoy when she dismissed the case against former President Gloria Macapagal-Arroyo in connection with the P729-million fertilizer fund scam. Former Chief Justice Renato Corona Jr. was also ousted through impeachment and the leverage used, in turn, were the DAP funds. It was ironic that Noynoy’s allies vowed to abolish the Road Board, which under the law that created it, had full discretion on its use. Its disposition was beyond the scope of the Commission on Audit since the RUT was not part of the budget. Former Sen. Franklin Drilon, for instance, said the body would be abolished by the Senate despite the House allies of former President Arroyo’s withdrawal and eventual rescinding of the bill that sought to terminate the anomalous 2001 creation. Congressmen turned the RUT proceeds into a source of fast money through collusion with Road Board officials. Since the DPWH is now the custodian of the funds, attention must also be directed at the agency in the proper disposition of the MUVC proceeds. Increasing the audit-free funds plus the recently discovered P215 billion in insertions in the budget through the generic flood mitigation projects exposed maneuvers to pilfer public funds. The post Pork’s different strokes appeared first on Daily Tribune......»»
Courting disaster (2)
“The judiciary,” once intoned Alexander Hamilton, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth of society; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment.” Thus, is the Judiciary said to be the “weakest” of the Three Great Branches of Government under the Constitution, as it, to paraphrase Hamilton, holds neither the purse (controlled by Congress) nor the sword (under the command of the Chief Executive)? Someone once joked that in the case, however, of then-Chief Justice Enrique Fernando, he holds the umbrella for Imelda Marcos, but that is something those born after the 1980s will not get. This is why the framers of our Constitution, in their infinite wisdom (and I use the phrase advisedly) had deemed it fit to elevate what had hitherto been merely ruling case law into a constitutional injunction. Section 3 of Article VIII reads: “The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.” Looks good. But in practice, it reduces judicial independence to a chimera. While the budget of the courts may not be reduced from that of the previous year, if a nasty Legislature wants to starve out a nonconformist Judiciary, it may simply opt to maintain its budget at the same level year after year after year. After a few years, with inflation, the courts will be reduced to tatters. And this happens every year, with the high officials of the Supreme Court practically reduced to bringing a begging bowl to Congress when budget deliberations come up in the agenda. This year, around P14 billion was arbitrarily lopped off the proposed budget for the Judicial branch. Now, the court administration is asking that some P6.7 billion be restored if only to upgrade the salaries of court personnel, the hazard pay for judges (who lately have been at the receiving end of gun barrels from disgruntled litigants) and costs for their security in the form of judicial marshals, the creation of more courts to serve a burgeoning caseload, and for the Judicial Integrity Board (who keeps erring judges in line). Methinks this is not too much to ask for, and as a lawyer and therefore an officer of the court, it pains me to see the Supreme Court looking like the poorer relations of Congress begging for alms. This is especially since Congress has notoriously been seen to have granted unto itself huge allocations for its members per district, the combined value of which is far and away higher than what the High Tribunal is asking for. The importance of a strong, independent Judiciary cannot be overestimated in a constitutional government such as ours. Aside from adjudicating private rights amongst competing parties, it is the final bulwark against governmental abuse. As former President Jose P. Laurel, when he was a Supreme Court magistrate, so emphatically articulated in the landmark case of Angara v. Electoral Commission, “(i)n cases of conflict, the judicial department is the only constitutional organ which can be called upon to determine the proper allocation of powers between the several departments of the government.” That is why I wish to make this call to our lawmakers to be not niggardly with the monetary allocation to our courts. It will not serve the ends of good governance well to be penny-wise and pound-foolish with the nation’s coffers. By the same token, kudos to Deputy Speaker Gloria Macapagal-Arroyo, Senate President Miguel Zubiri and neophyte Senator Raffy Tulfo, who have all filed bills seeking to strengthen the Judiciary’s fiscal autonomy. For to neglect the courts would necessarily be courting disaster. The post Courting disaster (2) appeared first on Daily Tribune......»»
Phl ‘promise’ to tow away BRP Sierra Madre in Ayungin, not under my Pa’s term – Ejercito
Senator Joseph Victor "JV" Ejercito on Thursday asserted that it was not his father, former President Joseph "Erap" Estrada, who allegedly promised China that the Philippines would remove the BRP Sierra Madre in the Ayungin Shoal. “It was former President Joseph Estrada who ordered that BRP Sierra Madre be placed in Ayungin Shoal in 1999 as a symbol of our sovereignty and to mark our territory,” Ejercito said in a statement. “I cannot recall such a commitment from the Philippine government to remove the Sierra Madre,” he added. Over the weekend, China claimed that the Philippines had promised to tow away the grounded BRP Sierra Madre at the Ayungin Shoal. "The Philippine side has repeatedly made clear promises to tow away the warship illegally 'stranded' on the reef," the Chinese Foreign Ministry said. Ayungin Shoal, also known as Second Thomas Shoal, is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. In a separate statement, the Chinese Embassy in the Philippines further supports Beijing's claim that the Philippines promised to tow away the vessel several times. “For instance, in November 1999, the Chinese Ambassador to the Philippines met with Secretary of Foreign Affairs Domingo Siazon and Chief of the Presidential Management Staff Leonora de Jesus to make another round of representations. Many times the Philippines promised to tow away the vessel, but it has taken no action,” the embassy said. “In September 2003, upon the news that the Philippines was preparing to build facilities around that military vessel illegally run aground at Ren'ai Jiao, China lodged immediate representations. The Philippine Acting Secretary of Foreign Affairs Franklin Ebdalin responded that the Philippines had no intention to construct facilities on Ren'ai Jiao and that, as a signatory to the DOC, the Philippines had no desire to and would not be the first to violate the Declaration,” it added. On Wednesday, President Ferdinand Marcos Jr. denied that the Philippine government made such a promise to China. “I’m not aware of any such arrangement or agreement that the Philippines will remove from its own territory its ship, in this case, the BRP Sierra Madre from the Ayungin Shoal,” Marcos said in a video message. He also asserted that he is rescinding any commitment should there be an agreement between the two countries to remove the vessel. "And let me go further, if there does exist such an agreement, I rescind that agreement now,” Marcos said. According to the Department of Foreign Affairs, the Philippines decided in 1999 to deploy the BRP Sierra Madre as a permanent station on Ayungin Shoal in response to China’s illegal occupation of Panganiban Reef in 1995. “The deployment of a Philippine military station in its own areas of jurisdiction is an inherent right of the Philippines and does not violate any laws,” it added. The agency also explained that the Philippine station on Ayungin Shoal was deployed in 1999, years ahead of the conclusion in 2002 of the Declaration on the Conduct of Parties in the South China Sea. “[It] is therefore not a violation of the DOC,” it pointed out. The DFA also reiterated that China Coast Guard’s actions on 5 August which includes the use of water cannon and dangerous maneuvers against Philippine vessels were in violation of the relevant provisions of the 1982 UNCLOS, the Award on the 2016 South China Sea Arbitration, the 1972 COLREGS, and the 2002 ASEAN-China DOC. “The 2016 Arbitral Award is based on UNCLOS and affirms UNCLOS. It is final, legal and binding,” the agency said. The post Phl ‘promise’ to tow away BRP Sierra Madre in Ayungin, not under my Pa’s term – Ejercito appeared first on Daily Tribune......»»
Nani Perez, Escaler lose bid to dismiss forfeiture case
Former Arroyo administration justice secretary Hernani Perez and a businessman have lost their bids before the Supreme Court to dismiss their forfeiture case over alleged extortion of $2 million from the late Manila congressman Mark Jimenez, clearing the way for the continuation of trial......»»
Hypocrites humbled
The Ombudsman’s decision to throw out the complaint of New York-based Filipino-Americans who keep stirring controversy in the country led by billionaire Loida Nicolas-Lewis exposes a deeper agenda in the effort. Lewis is known to be the heavy gun behind the Liberal Party who provided the bulk of the funding for the candidacy of Vice President Leni Robredo’s lost pink cause in the 2022 polls. The long-distance meddling had been repeatedly disclosed in the past with no less than former President Rodrigo Duterte pointing to a rich Filipino-American, who was obviously Nicolas-Lewis, as leading the effort to destabilize the government. In one of his abrasive speeches, Duterte foretold the international offensive against him emanating from the group of Nicolas-Lewis. “For all I care, I do not have any illusions, do not give me a reason to leave because you might get your wish,” he had said. “A certain financier, a rich woman who married a black (American) and is now a millionaire, she is planning to do protests,” he added. The plot was confirmed by then Communications Secretary Martin Andanar who recalled rumors in the Filipino-American community about plans to oust Duterte because of his alleged human rights violations and continuous attacks against the US. Duterte then mockingly told Nicolas-Lewis he’d follow her advice and even provide staff for her. “If you think that you can help, tell me because I will appoint a group of presidential advisers and (I will give you) a Cabinet position without a portfolio but with Cabinet rank. And I will follow your instructions to a tee,” he said. “I was listening to the tapes of their conversation. It was provided to me by another country but the conversation was somewhere in the Philippines and New York,” Duterte said of the plot. He said the recordings included one in which Lewis told another person, “See you in the headquarters when the case is filed.” Being referred was the International Criminal Court case that was a successful campaign considering the recent decision of the tribunal to proceed with an investigation into the war on drugs of Mr. Duterte. Nicolas-Lewis had led a 25-person delegation from the US-Philippines Society, a private group comprised of executives and diplomats, who met with Duterte a week before his inauguration on 1 June 2016. The top-notch mission included tycoons, retired American diplomats, executives of Coca-Cola, SGV, JP Morgan, and other top corporations. Nicolas-Lewis’s sister was former National Anti-Poverty Commission chairperson Imelda Nicolas who was part of the “Hyatt 10” — members of the Cabinet who turned on President Gloria Macapagal-Arroyo in 2005. Imelda and most of the Hyatt 10 members were recruited to key posts in the succeeding administration of the late President Benigno “Noynoy” Aquino III. Imelda was appointed head of the Commission on Filipinos Overseas. Duterte is being targeted for investigation for the complaint of crimes against humanity as a result of the methods undertaken in the anti-drug campaign. The late plaintiff Jude Sabio admitted using manufactured numbers that at one point reached 20,000 so-called extrajudicial killings, which a Senate investigation found dubious since it came from Philippine National Police figures that tallied all forms of deaths investigated, including those unrelated to police operations since Duterte assumed office. Veteran lawyer Chief Presidential Legal Counsel Juan Ponce Enrile said that from the start, he was against the proceedings at the ICC. “We’re an independent sovereign country and they want to unduly interfere in our internal affairs,” Enrile said. He pointed out the drug war was a policy to rid the country of its narcotics problem and involved law enforcement. “Who are they to tell us what is good for our society?” Enrile asked. “In the case of the insurgency, the government conducts operations. Are we going to answer to the ICC on the way that we defend ourselves from an internal threat?” Enrile demanded. The persistence of the ICC was discovered to have a sinister origin, based on information that Duterte had gathered. It all started with the designs of meddling Filipinos living overseas who wanted to impose their brand of hypocrisy on the hapless nation but were effectively foiled. The post Hypocrites humbled appeared first on Daily Tribune......»»