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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: abscbn abscbnJan 30th, 2021

Justices grill petitioners on defining terror

Two magistrates of the Supreme Court on Tuesday cast doubts on the assertions of the petitioners that the definition of terrorism under Republic Act 11479 or the Anti-Terrorism Act of 2020 is vague and thus violative of the people’s constitutional rights, such as freedom of speech and expression......»»

Category: newsSource:  thestandardRelated NewsFeb 16th, 2021

SC justices, UN rapporteur discuss anti-terrorism law

The country’s Anti-Terrorism Act was among the topics discussed during the meeting of Supreme Court justices, led by Chief Justice Alexander Gesmundo, with United Nations Special Rapporteur for freedom of opinion and expression Irene Khan......»»

Category: newsSource:  philstarRelated NewsJan 25th, 2024

Janet Napoles to serve 60 more years imprisonment sentence

The Sandiganbayan found convicted plunderer Janet Lim Napoles guilty of graft and malversation anew for her involvement in the P20.91 million pork barrel of ex-South Cotabato lawmaker Arthur Pingoy intended for livelihood projects that turned out to be ghost or non-existent. In a 66-page ruling handed down on Friday, the Sandiganbayan Special Second Division sentenced Napoles to up to 60 years in prison for four counts each of graft and malversation. Pingoy, however, walked free from the same charges, including direct bribery -- notwithstanding whistleblower Benhur Luy's testimony -- " for the failure of the prosecution to prove his guilt beyond reasonable doubt." Aside from "pork barrel queen" Napoles, the anti-graft court likewise convicted erstwhile officials of the now-defunct National Agribusiness Corporation Rhodora Mendoza, Maria Ninez Guanizo, Victor Roman Cacal, and Evelyn de Leon of the Philippine Social Development Foundation Inc. Pingoy, who served three full terms as a member of the House of Representatives from 2001 to 2010 -- was accused of funneling his P20.91 million Priority Development Assistance Fund or pork barrel through bogus non-government organizations allegedly governed by Napoles in exchange for kickbacks. The Ombudsman’s probe disclosed that the projects nominated as financial assistance for farm implements, livelihood materials, and training turned out to be "ghost” projects as borne out by the Commission on Audit report and testimonies of the whistleblowers. The Sandiganbayan, however, ruled that "there is no sufficient evidence" that the erstwhile lawmaker indeed received kickbacks or commissions from Napoles. PDAF allocated to lawmakers is lump-sum and discriminatory funds intended to empower them "to identify key projects that local government units could not fund." It was later abolished by the Supreme Court in November 2013 after it became a source of corruption and was declared unconstitutional. Napoles, the principal suspect in the case, has been detained at the Correctional Institution for Women in Mandaluyong City since 2018 for plunder charges involving the unlawful disbursement of Senator Bong Revilla Jr.'s pork barrel worth P224 million. She is still facing several graft charges, all related to the pork barrel scam. The post Janet Napoles to serve 60 more years imprisonment sentence appeared first on Daily Tribune......»»

Category: lifestyleSource:  abscbnRelated NewsOct 20th, 2023

CA junks telco’s frequency plea, mandamus case vs. NTC

The Court of Appeals junked the petition for mandamus filed by NOW Telecom Company Inc. against the National Telecommunications Commission or NTC over the company's provisional authority or PA application to operate a cellular mobile telephone service within specific frequency ranges. In a 16-page decision, the appellate court's Special Ninth Division said "the court is powerless" to grant NOW Telecom's plea, especially since the company failed to show a clear legal right to the frequencies it sought. The CA said the decision, penned by Associate Justice Tita Marilyn B. Payoyo-Villordon and concurred in by Associate Justices Myra V. Garcia-Fernandez and Walter S. Ong, followed a careful examination of the case. The case began from NOW Telecom's request for NTC's automatic approval issued by the Anti-Red Tape Authority or ARTA. NOW Telecom had filed a petition for mandamus under Rule 65 of the Revised Rules of Court to compel the NTC and former Commissioner Gamaliel Asis Cordoba to stick to ARTA's resolution and OAA both dated 1 March 2021. These ARTA documents stated that NOW Telecom's application for a PA to operate in the frequency range 1970 Mhz-1980 Mhz paired with 2160 Mhz to 2170 Mhz and 3.6 GHz to 3.8 GHz frequency ranges was automatically approved by operation of law. It followed Republic Act 11032, otherwise known as the Ease of Doing Business and Efficient Government Service Delivery Act of 2018. However, an ARTA resolution dated 17 June 2022 reversed the previous decisions and formally recommended NOW Telecom's application for frequency assignment to the NTC. NOW Telecom's mandamus petition was notably based on its claim for the rights to specific frequency ranges, alleging that the NTC had unjustly neglected its duty to assign them. Yet, court records showed that as early as December 2005, NTC already found NOW Telecom to be non-compliant and was disqualified from the assignment of 3G frequency bands due to unpaid supervision and regulation fees or SRF and spectrum user fees or SUF amounting to P2.6 billion. NOW Telecom has a pending petition filed before the Supreme Court for this penalty imposed by the NTC. NOW Telecom received its PA in January 2006, but it was not specific to 3G and under the condition of paying its outstanding SRF and SUF obligations. In December 2017, NOW Telecom was designated the 20MHz contiguous bandwidth, 3520 to 3540 MHz, under the 3.5 GHz on the same condition that it resolved its outstanding SUF and SRF fines. NOW Telecom's Provisional Authority was extended until September 2020, but the NTC reiterated that the company failed to fulfill the conditions regarding SUF and SRF. Despite the issues hounding the company, NOW Corp. CEO Mel Velarde said he hopes the "Marcos administration" will aid the immediate settlement of its cases as a way of maintaining a "level playing field." _ The post CA junks telco’s frequency plea, mandamus case vs. NTC appeared first on Daily Tribune......»»

Category: lifestyleSource:  abscbnRelated NewsOct 3rd, 2023

Sandigan denies Cunanan travel plea

The request of former Director General Dennis Cunanan of the now-defunct Technology Resource Center to travel abroad has been thumbed down by the Sandiganbayan’s special division of five justices by a vote of 3-2, labelling him a flight risk. Cunanan, who is still facing numerous charges in connection with his involvement in the multi-billion peso Priority Development Assistance Fund or pork barrel scam, filed a Motion for Leave of Court to Travel on 14 March to attend his daughter’s Purdue University graduation ceremony on 13 May. Cunanan stated in his plea that since the PDAF lawsuits were filed in early 2014, he has not been permitted to travel or see his daughter, and his attendance at her graduation is indispensable since such monumental occasions are infrequent. However, the court noted that his cases pending before the Sandiganbayan, as well as his convictions under appeal before the Supreme Court, may serve as a stepping stone for him to flee and never return to the Philippines. “Thus, there is a strong possibility that accused Cunanan’s travel abroad may be a ruse to abscond from his criminal conviction and prosecution in the country,” the 12-page resolution penned by Associate Justice Zaldy Trespeses with the concurrence of Associate Justices Rafael Lagos and Ma. Theresa Dolores Gomez-Estoesta read. In denying the motion, the anti-graft court specifically cited Cunanan’s indictment in several PDAF cases and his conviction on two counts of graft and two counts of misappropriation of public funds. “Accused Cunanan had already been convicted in SB-17-CRM-1496 and 1497, and in SB-17-CRM-0930 and 0940, both entitled People v. Gregorio Tipong, et al. Such convictions by Cunanan, though not yet final, make him a flight risk and necessitates that the court takes greater caution in determining whether he should be allowed to travel in order to safeguard the system of justice,” it said. The court also took issue with Cunanan’s wish to spend two weeks in the US, taking into consideration that the graduation ceremony is a one-day affair. Associate Justice Sarah Jane Fernandez, however, dissented, saying that the SC had already permitted Cunanan to leave overseas in a resolution dated 26 June 2022, notwithstanding the pendency of multiple criminal cases against him, including his conviction on some offenses. Fernandez, in her dissenting opinion, argued that prosecutors have no other basis for claiming that Cunanan should be considered a flight risk; thus, not allowing him to travel abroad unduly deprive him of his constitutional right to travel. While the graduation of the defendant’s daughter was a “rare and momentous occasion,” the majority of the justices, however, ruled that it was not an urgent necessity. The post Sandigan denies Cunanan travel plea appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMay 12th, 2023

In last submission to SC, petitioners say with anti-terror law, habeas corpus writ won t be issued

Petitioners against the Anti-Terrorism Act of 2020 insisted to the Supreme Court that the contentious law renders the extraordinary remedy writ of habeas corpus suspended for a suspected terrorist held under a section that allows warrantless detention up to 24 days......»»

Category: newsSource:  philstarRelated NewsJun 28th, 2021

Questions for Esperon pile up as SC justices bring up Parlade s red-tagging in anti-terror debates

Questions for National Security Adviser Hermogenes Esperson are piling up as Supreme Court justices again brought up Lt. Gen. Antonio Parlade’s repeated red-tagging in the ongoing oral arguments on the petitions against the Anti-Terrorism Act of 2020......»»

Category: newsSource:  philstarRelated NewsMay 11th, 2021

Justices zero in on longer detention without warrant under anti-terror law

A provision of the Anti-Terrorism Act of 2020 allowing the detention of suspected terrorists without a warrant came under the scrutiny of Supreme Court justices in the resumption of oral arguments on Tuesday......»»

Category: newsSource:  philstarRelated NewsMay 4th, 2021

SC urged to intervene attacks vs counsels, petitioners of anti-terrorism law

Two retired Supreme Court (SC) justices, a former Vice President, and at least 52 petitioners asked the High Court to intervene and take measures to stop the attacks against the petitioners and counsels of the Anti-Terrorism Act (ATA) of 2020 or R.A. 11479......»»

Category: newsSource:  davaotodayRelated NewsMar 10th, 2021

Attack on lawyer prompts new plea vs anti-terror law

The petitioners against the Anti-Terrorism Act of 2020 and their lawyers yesterday filed another plea for the Supreme Court to stop the implementation of the law after one of their co-counsels was attacked on March 3......»»

Category: newsSource:  philstarRelated NewsMar 9th, 2021

SC defers oral arguments on anti-terror law

For the second time, the Supreme Court suspended its oral arguments on the Anti-Terrorism Law after some of the SC justices went on self-quarantine as a precaution against COVID-19......»»

Category: newsSource:  philstarRelated NewsMar 9th, 2021

SC ends interpellation on ATA

The Supreme Court (SC) ended the interpellation of petitioners assailing the constitutionality of Republic Act 11479 or the Anti-Terrorism Act (ATA) on the fourth day of oral arguments on the case on Monday. Chief Justice Diosdado Peralta decided to wrap up the oral argument and interpellation of the petitioners in order to hear the legal […] The post SC ends interpellation on ATA appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMar 2nd, 2021

TRO sought anew vs Anti-Terror Law

The 37 petitioners questioning the implementation of Republic Act 11479 reiterated yesterday their appeal to the Supreme Court to issue an injunction, citing supervening incidents that allegedly demonstrated the chilling effects of the Anti-Terrorism Law......»»

Category: newsSource:  philstarRelated NewsFeb 23rd, 2021

Citing relentless red-tagging and arrests, SC urged to temporarily stop anti-terror law implementation

In another show of unity, petitioners against the Anti-Terrorism Act of 2020 made another push to urge the Supreme Court to temporarily stop the implementation of the reviled law as debates on their pleas continue to run long......»»

Category: newsSource:  philstarRelated NewsFeb 23rd, 2021

Petitioners raise longer detention without charges under terror law

On the third oral argument, petitioners against the Philippine terror law raised before the Supreme Court the longer period of detention without charges under Anti-Terrorism Act. The post Petitioners raise longer detention without charges under terror law appeared first on Bulatlat......»»

Category: newsSource:  bulatlatRelated NewsFeb 16th, 2021

Lawyers opposing terror law to face off with OSG

Lawyers representing 37 petitioners will face off Tuesday with the Office of the Solicitor General on the issue of the constitutionality of the Anti-Terrorism Act of 2020 before the Supreme Court......»»

Category: newsSource:  philstarRelated NewsFeb 1st, 2021

With two detained for anti-terror charge, petitioners press SC to stop implementation of law

With two people now detained over the controversial Anti-Terrorism Act of 2020, activist group Bayan and more than 40 others on Wednesday urged the Supreme Court to nullify the law and stop the government from implementing it......»»

Category: newsSource:  philstarRelated NewsNov 18th, 2020

SC asked to hold preliminary conference on anti-terror law pleas remotely

Petitioners represented by the Free Legal Assistance Group urged the Supreme Court to conduct the preliminary conference on the anti-terrorism law case through videoconference, citing COVID-19 risks and the protocol enforced to curb the spread of the virus......»»

Category: newsSource:  philstarRelated NewsNov 17th, 2020

Red-tagged bloc seeks TRO vs. terror law

Another group of petitioners on Friday prodded the Supreme Court to seriously consider its plea for the immediate issuance of a temporary restraining order to prevent the government from implementing Republic Act No. 11479 or the Anti-Terrorism Act of 2020......»»

Category: newsSource:  thestandardRelated NewsOct 31st, 2020

Lawyers trimmed down for oral arguments on terror law

To trim down the number of lawyers who would represent 37 petitioners in the oral arguments on the Anti-Terrorism Law, the Supreme Court is requiring the petitioners to assign one lawyer to argue on their behalf for each common issue they raised against the law......»»

Category: newsSource:  philstarRelated NewsOct 23rd, 2020