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Lawyers urge high court to act on appeal to protect officers of the court

The NUPL said that while the petition is pending, their members continue to face threats to life, liberty and security committed by the respondents, state agents, their proxies, enablers and supporters in different forms and platforms. The post Lawyers urge high court to act on appeal to protect officers of the court appeared first on Bulatlat......»»

Category: newsSource: bulatlat bulatlatOct 15th, 2022

Lawyers urge Supreme Court to hold Badoy accountable

“We call on the Supreme Court to not let this pass and to take immediate, concrete and firm action to protect justice actors and rule of law. The Court must hold accountable those who threaten and malign our judges and lawyers." The post Lawyers urge Supreme Court to hold Badoy accountable appeared first on Bulatlat......»»

Category: newsSource:  bulatlatRelated NewsOct 1st, 2022

FLAG renews call for SC to protect lawyers, halt anti-terrorism law enforcement

“The [SC] has the legal as well as moral mandate and authority to protect its own officers... If the Court will not protect its own, no one will,” FLAG said......»»

Category: newsSource:  philstarRelated NewsMar 8th, 2021

Ex-VP Binay, Saguisag, other lawyers ask high court to junk ‘terror law’

“The Anti-Terrorism Act of 2020 fails miserably to protect and preserve the guarantees of human rights and civil liberties enshrined in the Constitution and therefore must be struck down.” By ANNE MARXZE D. UMIL Bulatlat.com MANILA – Former Vice President Jejomar Binay, former Sen. Rene Saguisag and other members of Concerned Lawyers for Civil Liberties… The post Ex-VP Binay, Saguisag, other lawyers ask high court to junk ‘terror law’ appeared first on Bulatlat......»»

Category: newsSource:  bulatlatRelated NewsAug 6th, 2020

Patriots owner s prostitution case heads to appellate court

By TERRY SPENCER Associated Press FORT LAUDERDALE, Fla. (AP) — Prosecutors charging New England Patriots owner Robert Kraft with twice buying sex from massage parlor prostitutes will attempt to save their case this week by arguing to an appeals court that his rights weren't violated when police secretly video-recorded him in the act. Prosecutors will tell the Florida Fourth District Court of Appeal during an online hearing Tuesday that a county judge erred when he invalidated the January 2019 search warrant allowing police to install secret cameras at Orchids of Asia spa as part of an alleged sex trafficking investigation. The judge said the warrant didn’t sufficiently protect the privacy of innocent customers who received legal massages, and he barred the videos’ use at trial as well as testimony about what they showed. If the ruling stands, it will deal a fatal blow to the prosecution's case. “Mr. Kraft's guilt is a virtual certainty” and he has no right to benefit from any possible mistakes police made involving innocent customers, Deputy Solicitor General Jeffrey DeSousa wrote in court documents. Kraft's attorneys vehemently disagreed, arguing that if the three-justice panel allows the videos' use, “civil liberties cherished in Florida and beyond” will be endangered. “If the state wins this appeal, then everyone loses, not just the accused,” attorney Frank Shepherd wrote. “Government could run roughshod over privacy and constitutional rights while evading scrutiny.” The Jupiter police recordings led to misdemeanor charges against Kraft and two dozen other alleged Orchids of Asia customers. The spa owners and some employees are charged with prostitution-related felonies. Most cases are in limbo while the appeals are heard. If prosecutors can’t use the videos, they would almost certainly dismiss any misdemeanor charges awaiting trial. Some defendants took plea deals but Kraft refused. The felony cases could proceed, as those have other evidence besides the videos. Kraft, a 79-year-old widower and part-time Palm Beach resident, has pleaded not guilty but issued a public apology. He faces a possible one-year jail sentence if convicted, but would likely receive a fine, community service and other sanctions. Kraft, whom Forbes Magazine ranks as the 82nd richest American with a worth of almost $7 billion, is employing several high-priced attorneys to fight the charges. DeSousa submitted several arguments against Palm Beach County Judge Leonard Hanser's ruling. Among them: — The warrant is valid because police minimized any privacy invasion by having only three detectives monitor video. Any further minimization, such as recording only snippets of each massage, would have made the investigation impossible. — Kraft illegally paid for sex and is lawfully covered by the warrant, even if the justices determine police violated innocent customers' privacy rights. — If the warrant is invalid, the detectives relied on it “in good faith” and a sanction banning the video is too extreme. Shepherd submitted several counterarguments for Kraft. They include: — Detectives' privacy protection efforts were insufficient because they recorded seminude men and women receiving legal massages, making the Kraft recordings also illegal. — Police had enough evidence to charge the spa owners with felonies without recording, making the cameras “wholly gratuitous." — The evidence detectives presented to obtain the magistrate's warrant approval was “deliberately misleading,” negating any argument they acted in good faith. The justices won’t immediately rule after the hearing; decisions usually takes weeks. The losing side will likely appeal to the Florida Supreme Court, which could accept the case or let the justices’ ruling stand. Authorities say the Orchids of Asia investigation was part of a multicounty probe into possible sex trafficking by spa owners who they believe brought women from China and elsewhere to work as prostitutes. About 300 people were charged with various felonies and misdemeanors, but no trafficking charges were pursued — prosecutors say they received no cooperation from masseuses whom they suspect were trafficked. According to police, Kraft's chauffeur drove him to Orchids of Asia on the evening of Jan. 19, 2019, where detectives recorded him engaging in a sex act with two women and then paying an undetermined amount in cash. Investigators said Kraft returned the next morning and engaged in recorded sex acts with a woman before paying with a $100 bill and another bill. Hours later, Kraft was in Kansas City for the AFC Championship game, where his Patriots defeated the Chiefs. His team then won the 2019 Super Bowl in Atlanta, the Patriots’ sixth NFL championship under his ownership. Prosecutors offered to drop the charges if Kraft entered a diversion program for first-time offenders. That would include an admission he would be found guilty if the case went to trial, a $5,000 fine, 100 hours of community service and attending a class on the dangers of prostitution and its connection to human trafficking. The hearing is scheduled to begin at 10 a.m. EDT Tuesday on the court's YouTube channel......»»

Category: sportsSource:  abscbnRelated NewsJun 29th, 2020

NUPL cites attacks vs. judges, lawyers in complaint before UN

“These attacks on officers of the court have to stop once and for all. If lawyers are hampered from freely and independently exercising their profession and if judges are threatened for their judicial decisions, access to justice and judicial independence will suffer,” Deinla said......»»

Category: newsSource:  philstarRelated NewsNov 11th, 2022

Consuls must provide ‘factual basis’ for visa denial

On Oct. 5, 2022, the Ninth Circuit Court of Appeal held that consular officers are required to provide the factual bases for a visa denial or refusal within a reasonable time, or they can be sued......»»

Category: newsSource:  philstarRelated NewsNov 5th, 2022

Malaysian prosecutors rest case against ex-PM Najib in final 1MDB appeal

Najib Razak's lawyers decline to present their case in court this week, citing insufficient time to prepare.....»»

Category: newsSource:  rapplerRelated NewsAug 19th, 2022

CTA voids taxes on PAGCOR supplier on revenue execs lack of LoA

MANILA-The Court of Tax Appeals (CTA) has turned down the government's appeal in connection with a PHP1.8 million tax case involving a contractor of the Philippine Amusement and Gaming Corp. (PAGCOR).This, after the tax court noted that revenue officers who handled the case were not the same.....»»

Category: newsSource:  manilanewsRelated NewsJun 15th, 2022

Groups urge SC to act on attacks against rights lawyers and clients

“An urgent and decisive action from the Supreme Court is a matter of life and death for activists and human rights defenders especially now when we are being increasingly targeted in the government’s counterinsurgency and counterterror campaign for our work and causes." The post Groups urge SC to act on attacks against rights lawyers and clients appeared first on Bulatlat......»»

Category: newsSource:  bulatlatRelated NewsMay 19th, 2021

Groups press SC to prevent more deaths of political prisoners

"This function is within the High Court’s judicial duties to protect the right to life and health of those in government custody. They include the political prisoners like Joseph Canlas who had various comorbidities like diabetes and hypertension but was never tested for COVID-19 until he was brought to the jail’s quarantine section.” The post Groups press SC to prevent more deaths of political prisoners appeared first on Bulatlat......»»

Category: newsSource:  bulatlatRelated NewsMay 11th, 2021

Rights group calls on high court to protect rights defenders

In its second manifestation, the group stressed that the SC should revisit the CA ruling as their leaders and members continue to experience judicial harassment, threats, and red-tagging by military and police authorities, including those perpetrated by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) spokesperson and Southern Luzon Command chief Antonio Parlade Jr. The post Rights group calls on high court to protect rights defenders appeared first on Bulatlat......»»

Category: newsSource:  bulatlatRelated NewsApr 29th, 2021

French 'Metoo founder wins defamation appeal

A French appeals court on Wednesday overturned the defamation conviction of the woman behind France's answer to the #MeToo movement, who was sued by the man she accused of sexual harassment, lawyers told AFP......»»

Category: newsSource:  thestandardRelated NewsApr 1st, 2021

SPECIAL REPORT | All eyes on Supreme Court justices as they hear petitioners vs Anti-Terror Law

Now that the schedule has been set, the focus now is on how the members of the high court would come up with a decision on these. Considering the caliber of the lawyers questioning the ATL’s validity, will they simply brush off the arguments to put a finality on the question and allow the president to do as he wills or will they listen to the arguments and seriously put the law into question? The post SPECIAL REPORT | All eyes on Supreme Court justices as they hear petitioners vs Anti-Terror Law appeared first on Bulatlat......»»

Category: sportsSource:  abscbnRelated NewsJan 30th, 2021

Meghan s lawyers say UK news group has no defence for letter s publication

Lawyers for Meghan Markle on Tuesday sought to avoid a potential court showdown with her estranged father, in a high-profile breach of privacy and copyright case she has brought against a British newspaper group......»»

Category: newsSource:  thestandardRelated NewsJan 20th, 2021

Biden to sign executive orders on Day 1, amid high alert for inauguration

Joe Biden’s top aide said Saturday the incoming president would sign about a dozen executive orders on his first day in office, as police fearing violence from Trump supporters staged a nationwide security operation ahead of the inauguration. Authorities in Washington, where Wednesday’s inauguration will take place, said they arrested a man with a loaded handgun and more than 500 rounds of ammunition at a security checkpoint, underscoring the tension in the US capital which is resembling a war zone. However, the man’s family told US media he was a security guard, rejecting the idea he was intent on causing harm. Incoming Biden chief of staff Ron Klain said in a memo to new White House senior staff that the executive orders would address the pandemic, the ailing US economy, climate change and racial injustice in America. “All of these crises demand urgent action,” Klain said in the memo. “In his first ten days in office, President-elect Biden will take decisive action to address these four crises, prevent other urgent and irreversible harms, and restore America’s place in the world,” Klain added. As he inherits the White House from Donald Trump, Biden’s plate is overflowing with acute challenges. The US is fast approaching 400,000 dead from the Covid-19 crisis and logging well over a million new cases a week as the coronavirus spreads out of control. The economy is ailing, with 10 million fewer jobs available compared to the start of the pandemic. Biden this week unveiled plans to seek $1.9 trillion to revive the economy through new stimulus payments and other aid, and plans a blitz to accelerate America’s stumbling Covid vaccine rollout effort. On Inauguration Day Biden, as previously promised, will sign orders including ones for the US to rejoin the Paris climate accord and reverse Trump’s ban on entry of people from certain Muslim majority countries, Klain said. “President-elect Biden will take action — not just to reverse the gravest damages of the Trump administration — but also to start moving our country forward,” Klain said. – 500 rounds of ammunition – Meanwhile, Washington was under a state of high alert after a mob of President Donald Trump’s supporters stormed the Capitol on January 6. The assault left five people dead, including a police officer. Security officials have warned that armed pro-Trump extremists, possibly carrying explosives, pose a threat to Washington as well as state capitals over the coming week. Thousands of National Guard troops have been deployed in Washington and streets have been blocked off downtown with concrete barriers. On Friday night, police arrested a Virginia man at a security checkpoint where he tried to use an “unauthorized” credential to access the restricted area where Biden will be inaugurated. As officers checked the credential against the authorized access list, one noticed decals on the back of Wesley Beeler’s pick-up truck that said “Assault Life,” with an image of a rifle, and another with the message: “If they come for your guns, give ’em your bullets first,” according to a document filed in Washington, DC Superior Court. Under questioning, Beeler told officers he had a Glock handgun in the vehicle. A search uncovered a loaded handgun, more than 500 rounds of ammunition, shotgun shells and a magazine for the gun, the court document said. Beeler was arrested on charges including possession of an unregistered firearm and unlawful possession of ammunition. But Beeler’s father Paul told The New York Times his son had been working as a security guard on the Capitol grounds. Asked if the younger Beeler supported a peaceful transition of power, Paul Beeler told the newspaper, “That’s the reason he’s there.” In addition to the heavy security presence in Washington, law enforcement was out in force in state capitals around the country to ward off potential political violence. Mass protests that had been planned for the weekend did not materialize on Saturday, with security far outnumbering Trump supporters at several fortified statehouses, US media reported. In St Paul, Minnesota, for example, hundreds of law enforcement officers, some armed with long guns, ringed the Capitol with National Guard troops providing backup.  The number of protesters totaled about 50......»»

Category: newsSource:  mb.com.phRelated NewsJan 17th, 2021

UK court to hear bail plea for WikiLeaks Assange

Lawyers for WikiLeaks founder Julian Assange will on Wednesday argue he should be released from a British prison on bail, pending Washington's appeal against a decision not to extradite him to the United States......»»

Category: newsSource:  thestandardRelated NewsJan 6th, 2021

UK High Court to hear case over ‘IS bride’

LONDON, United Kingdom (AFP) — Britain’s Supreme Court will on Monday hear the case of a woman stripped of her UK citizenship after joining the Islamic State in Syria, who wants to return to appeal the ruling. The government in July won its bid to have the country’s highest court consider whether Shamima Begum, 20, […] The post UK High Court to hear case over ‘IS bride’ appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsNov 24th, 2020

Why public can’t access SALN of magistrates

Chief Justice Diosdado Peralta defended the High Tribunal’s restriction of public access to the Statements of Assets, Liabilities, and Net Worth (SALNs) of magistrates. Supreme Court (SC) Chief Justice Diosdado M. Peralta (FACEBOOK / FILE PHOTO / MANILA BULLETIN FILE PHOTO) “We cannot release the SALN because there are matters there that are confidential in nature,” Peralta said during an online press briefing. The Chief Justice said that the SALN contains information like the addresses of judges and their family members which could be used by parties in influencing the decision-making of cases. “You can just imagine ‘yung mga judges na nagdecide ng cases against somebody (What might happen to judges who decided on cases against somebody),” he said. Because of this, Peralta said the SC has implemented guidelines which restricts public access to SALNs of magistrates. “We came up with the guidelines that we can only release ‘yung summary,” the Chief Justice said. Last September, the SC denied the requests of the Office of the Solicitor General (OSG) and lawyer Lorenzo “Larry” Gadon for copies of the SALN of SC Associate Justice Marvic Leonen. Gadon has filed a letter of appeal to the SC insisting that it should release Leonen’s SALN since the magistrate has allegedly skipped the filing of SALNs when Leonen was still teaching at the University of the Philippines (UP). In a letter addressed to SC Clerk of Court Edgardo Aricheta, Gadon said “the right of any citizen for access on SALNs is clearly provided under the law.” “With due respect to the Supreme Court, the denial only invites suspicion among the public that the Supreme Court is hiding something in so far as the SALNs of AJ Marvic Leonen are concerned and that it cannot also escape public suspicion that the Supreme Court is giving AJ Marvic Leonen a special treatment and protection which I hope is not true,” the lawyer warned. Gadon pointed out “there is no lawful nor valid reason why my request for the certified copies of the SALNs of AJ Marvic Leonen cannot be granted.” “The Supreme Court granted the same request in the case of Atty. Maria Lourdes Sereno hence it should be granted in the instant request for SALNs of AJ Marvic Leonen,” he reminded. Prior to Sereno’s ouster in 2018 as chief justice, Gadon was able to secure from the High Tribunal copies of her SALNs. Sereno was ousted as Chief Justice in 2018 after the SC granted the quo warranto petition of the OSG which sought to invalidate her appointment at the High Tribunal over violations in skipping the filing of her SALNs when she was still a law professor at the University of the Philippines (UP). “If Atty. Lourdes Sereno was ousted from the Supreme Court due to lack of integrity as exemplified by her non-filing of SALNs in UP for many years, then there is no reason why the same standard should not be applied to Associate Justice Marvic Leonen,” said Gadon who also alleged that Leonen had skipped in the filing of SALNs when he was still a UP law professor......»»

Category: newsSource:  mb.com.phRelated NewsOct 24th, 2020

Rights groups slam MMDA spox for ‘drama serye’ remark on detained activist

Human rights groups slammed Metro Manila Development Authority (MMDA) Spokesperson Celine Pialago following her “drama serye” remarks at detained activist Reina Mae Nasino who recently buried her three-month-old daughter River.  Kapatid, a support group for families and friends of political prisoners, said those who downgrade what happened to the political prisoner are only trying to “cover the government’s gross violation of human rights.”  “The story of Reina Mae Nasino and her 3-month-old child who died last week is not ‘drama-serye.’ It is a real story that exposed the countless injustices committed by the government,” it said in a statement released on Sunday.  “MMDA Chair Danny Lim, a former political prisoner himself, should have long shown the door to his spokesperson. It should be obvious by now that sensitivity cannot be taught nor proper manners and right conduct if one is empty-headed,” it added. Meanwhile, National Union of People’s Lawyers (NUPL) President Edre Olalia was more restrained, saying they would “do the same thing if she was in Ina’s position and circumstance. “To start with, we will never ever wish this horrible tragedy and injustice to visit the Asec, her mother, her daughters, her sisters and her aunts,” he said in a Facebook post. Despite having nothing to do with traffic, Pialago felt the need to “use her voice as a Filipino” to share her two cents on Nasino’s case. “Hindi lahat ng inang nakakulong ay nakapunta sa libing ng kanyang anak. Kaya yung mga sumisimpatya kay Reina Mae Nasino, pag aralan niyo mabuti ang dahilan bakit siya nakulong at kilalanin niyong mabuti kung sino siya sa lipunan (Not all jailed mothers get to visit their children’s funeral. So all of those who sympathize with Reina Mae Nasino, study well why she was imprisoned and know who she is and what her role is in society),” she said in a Facebook post on Sunday morning. “Masyado ninyong ginagawang pang drama serye sa hapon ang paghihinagpis niya. Tigilan niyo (You are trying to make her grief like an afternoon drama serye. Stop it)!” she added. Nasino was five months pregnant with River when she was arrested in November 2019 for allegedly being found with firearms and explosives at the Bagong Alyansang Makabayan Manila Office in Tondo, Manila. Her lawyers have insisted that the pieces of evidence were planted and that the charges filed against her are trumped-up. She gave birth to River on July 1 at the Dr. Jose Fabella Memorial Medical Hospital on July 1. She and her baby were returned to the Manila City Jail 48 hours later. Before this, she filed a motion before the Manila Regional Trial Court (RTC) to allow her to breastfeed her daughter for a year at the hospital or a prison nursery.  But Manila RTC Branch 20 Judge Marivic Balisi-Umali denied this, saying that the jail has “very limited resources” for the care of her child.  Nasino was also among 22 elderly and medically-compromised detainees who filed a motion for their compassionate release amid the pandemic on April 8 before the Supreme Court. But months later, the High Court ruled that the trial courts will be the ones to decide on their temporary release. On August 13, the activist-mother was ordered to turn her child over to her relatives.  River was admitted at the Philippine General Hospital for fever and diarrhea on September 24. She was placed in the intensive care unit on October 9 where she died a few hours later.  A few hours before her daughter died, Nasino filed a very urgent motion for furlough so she can be with her child in her dying moments. On October 13, Manila RTC Branch 47 Judge Paulino Gallegos granted her three full days from October 14 to 16 to be by her daughter’s side during the wake and burial.  But the next day, he cut Nasino’ furlough down to only six hours from 1 to 4 p.m. on October 14 and 16 after receiving opposition from the Manila City Jail. The Manila City Jail cited lack of personnel, health concerns, and a guideline stating that detainees can only be at their loved ones’ burial and wake for a maximum of three hours. For both the wake and the funeral, Nasino was clad in a full set of personal protective equipment, handcuffed, and flanked by numerous uniformed personnel.  Tensions rose during the wake after her escorts tried to pull her away twice before her time was up, eventually escorting her out with 20 minutes to spare before 4 p.m. On October 16, Marites Asis, Nasino’s mother, had to kneel and beg in front of the police to allow them to hold funeral at 11:30 a.m. The cops wanted to delay it until 1 p.m. Police also sped off with River’s hearse to the Manila North Cemetery, leaving her family behind and thwarting activists’ plan to conduct a caravan around the Supreme Court and the Court of Appeals before burying her at the cemetery. Nasino’s counsels at NUPL earlier said that they will file charges against those involved in the activist’s treatment during her daughter’s wake and burial. .....»»

Category: newsSource:  mb.com.phRelated NewsOct 18th, 2020

PNP denies ‘overkill’ security for Nasino during baby’s funeral

The Philippine National Police (PNP) denied criticisms of an overkill in the security measures it implemented during the burial of the baby of jailed activist Reina Mae Nasino in Manila on Friday. In a statement, PNP spokesman Col. Ysmael Yu said that the security measures implemented were intended for Nasino who is under government custody after her arrest and subsequent filing of a criminal case for allegedly yielding a grenade during a raid inside the office of an urban poor group in Manila. “It is the subject (Nasino) who we were protecting,” said Yu. Netizens and other groups and personalities criticized the PNP and the Bureau of Jail Management and Penology for what they described as disrespecting Filipino funeral rites. A video that went viral showed the police allegedly speeding off in a vehicle carrying the coffin of Nasino’s baby, which prompted the grandmother and other relatives to chase the vehicle. The funeral parlor and the cemetery were heavily-guarded. Nasino, who was handcuffed, arrived at the cemetery wearing Personal Protective Equipment (PPE) gown and face mask and shield, with BJMP personnel heavily guarding her. The image of Nasino in a PPE gown, handcuffed and surrounded by BJMP personnel while grieving in front of her baby’s coffin triggered sympathy and anger from netizens who criticized the government for the treatment of a grieving mother. “That execution on security is appropriate, considering crowd control,” he added. Nasino was arrested in November last year in Manila during a raid at the office of urban poor group Kadamay. She and two others were charged with illegal possession of explosives, which they claimed had been planted by the police. She gave birth on July 1 but on Aug. 13 had to entrust the baby to the grandmother after the court handling the case denied her lawyers appeal to give Baby River more time with her mother either at the hospital or inside a detention facility where Nasino is jailed. During that time, Baby River was reportedly frail and underweight. The baby died last week at only three months old due to acute respiratory distress syndrome......»»

Category: lifestyleSource:  abscbnRelated NewsOct 17th, 2020