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1 GAPS IN ACCESS TO JUSTICE: THE OVERSEAS FILIPINO WORKERS’ EXPERIENCE, AN INITIAL ANALYSIS OF PHILIPPINE JURISPRUDENCE ON LABOR MIGRATION A study by the Commission on Human Rights of the Philippines1 and Atty. Henry S. Rojas2 Lawyers Beyond Borders Philippines, Inc. I. ABSTRACT OR EXECUTIVE SUMMARY In this research study, cases involving overseas Filipino workers (OFWs) that were decided by the Supreme Court in 2015 to 2019 were examined, in conjunction with other online secondary sources, for the purpose of identifying possible gaps/concerns in the migrant/human rights protection regime for OFWs, and to come up with policy recommendations to address such gaps or concerns. The following migrants’ rights concerns were identified in the study: 1. In the OFW cases decided by the Supreme Court in 2015-2019, it took 7.2 years on the average for an OFW money claims case to go through the entire judicial process from the date of filing of the complaint before the National Labor Relations Commission 1 The Commission on Human Rights of the Philippines (CHR) is the National Human Rights Institution (NHRI) of the Philippines. Established by the 1987 Philippine Constitution, the CHR has a general jurisdiction for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. An “A” NHRI, the CHR complies with the Paris Principles on the Status of National Human Rights Institutions adopted by the UN General Assembly in 1995. -
The 16Th Congress
CongressWatch Report No. 176 Report No. 176 17 June 2013 The 16th Congress In the Senate The 16th Congress will open on 22 July, the same day that President Benigno Aquino III delivers his fourth State-of-the-Nation Address (SONA). The Senate will likely have a complete roster for the first time since the 12th Congress. It may be recalled that during the 2001 elections, 13 senators were elected, with the last placer serving the unfinished term of Sen. Teofisto Guingona who was then appointed as vice president. The chamber had a full roll of 24 senators for only a year, due to the appointment of Sen. Blas Ople as Foreign Affairs Secretary on 23 July 2002, and due to the passing of Sen. Renato Cayetano on 25 June 2003. The 11th, 13th, 14th, and 15th Congresses did not have full membership, primarily because a senator did not complete the six-year term due to being elected to another post.1 In the 2013 midterm elections last May, all of the six senators seeking re-election made it to the top 12, while two were members of the House of Representatives in the 15th Congress. The twelve senators-elect are: SENATOR PARTY PREVIOUS POSITION 1. ANGARA, Juan Edgardo M. LDP Representative (Aurora, lone) 2. AQUINO, Paolo Benigno IV A. LP Former chairperson, National Youth Commission 3. BINAY-ANGELES, Nancy S. UNA 4. CAYETANO, Alan Peter S. NP Outgoing senator 5. EJERCITO, Joseph Victor G. UNA Representative (San Juan City, lone) 6. ESCUDERO, Francis Joseph G. Independent Outgoing senator 7. -
Between Rhetoric and Reality: the Progress of Reforms Under the Benigno S. Aquino Administration
Acknowledgement I would like to extend my deepest gratitude, first, to the Institute of Developing Economies-JETRO, for having given me six months from September, 2011 to review, reflect and record my findings on the concern of the study. IDE-JETRO has been a most ideal site for this endeavor and I express my thanks for Executive Vice President Toyojiro Maruya and the Director of the International Exchange and Training Department, Mr. Hiroshi Sato. At IDE, I had many opportunities to exchange views as well as pleasantries with my counterpart, Takeshi Kawanaka. I thank Dr. Kawanaka for the constant support throughout the duration of my fellowship. My stay in IDE has also been facilitated by the continuous assistance of the “dynamic duo” of Takao Tsuneishi and Kenji Murasaki. The level of responsiveness of these two, from the days when we were corresponding before my arrival in Japan to the last days of my stay in IDE, is beyond compare. I have also had the opportunity to build friendships with IDE Researchers, from Nobuhiro Aizawa who I met in another part of the world two in 2009, to Izumi Chibana, one of three people that I could talk to in Filipino, the other two being Takeshi and IDE Researcher, Velle Atienza. Maraming salamat sa inyo! I have also enjoyed the company of a number of other IDE researchers within or beyond the confines of the Institute—Khoo Boo Teik, Kaoru Murakami, Hiroshi Kuwamori, and Sanae Suzuki. I have been privilege to meet researchers from other disciplines or area studies, Masashi Nakamura, Kozo Kunimune, Tatsufumi Yamagata, Yasushi Hazama, Housan Darwisha, Shozo Sakata, Tomohiro Machikita, Kenmei Tsubota, Ryoichi Hisasue, Hitoshi Suzuki, Shinichi Shigetomi, and Tsuruyo Funatsu. -
Social Climate/Column for Phil Daily Inquirer
Second honeymoons Page 1 of 3 Column for Philippine Daily Inquirer PDI 12-36, 14 Sep 2012 [for publication on 15 Sep 2012] Second honeymoons Mahar Mangahas Not only President Noynoy Aquino, but also other top officials, achieved new personal bests in public satisfaction, in the third quarter 2012 Social Weather Survey conducted last August 24-27, released through BusinessWorld the last two Fridays. The President. Compared to the second quarter 2012 survey, of May 24-27, the percentage satisfied with P-Noy’s performance rose to 77 from 63, and the percentage dissatisfied with him fell to 10 from 21. Consequently, his net satisfaction rating rose from +42 in May to +67 in August, topping his previous best of +64 in November 2010. Both his old and new personal bests are classified by SWS as Very Good (+50 to +69). P-Noy’s net rating rose most of all in the National Capital Region, from merely +18 (Moderate) in May to +59 in August. It also rose significantly in Balance of Luzon, from +41 (Good) to +70 (Excellent), and in the Visayas, from +41 (Good) to +76 (Excellent). In Mindanao, it was at a Very Good + 61 in both May and August. Everyone is entitled to do her/his own analysis of the survey findings. Personally, I do not emphasize too much the timing of the interviews -- that is to say, during the tragic week of mourning for the lost Secretary Jesse Robredo – because I prefer to look at the total picture encompassing the two successive quarters, in which the obvious big difference was the ouster of former Chief Justice Renato Corona. -
2010 Annual Report
THE 2010 CORONA COURT (Standing, Left to Right) Chief Justice Renato C. Corona, Associate Justices Antonio T. Carpio, Presbitero J. Velasco, Jr., Arturo D. Brion, Diosdado M. Peralta, Mariano C. del Castillo, Martin S. Villarama, Jr., and Jose Portugal Perez, (Seated, Left to Right) Conchita Carpio Morales, Antonio Eduardo B. Nachura, Teresita J. Leonardo-de Castro, Lucas P. Bersamin, Roberto A. Abad, Maria Lourdes Aranal Sereno, and Jose Catral Mendoza. 1 ANNUAL REPORT 2010 | SUPREME COURT OF THE PHILIPPINES 2 ANNUAL REPORT 2010| SUPREME COURT OF THE PHILIPPINES 3 ANNUAL REPORT 2010 | SUPREME COURT OF THE PHILIPPINES The 2010 CORONA COURT i Message from CHIEF JUSTICE RENATO C. CORONA 5 2010: PASSING THE TORCH 8 JUSTICES of the Supreme Court 13 Highlights of the CY 2012 SPLC BUDGET PROPOSAL 32 The STATE OF THE 2010 JUDICIARY 37 2010 Supreme Court REFORM PROJECTS 42 OFFICIALS of the Supreme Court 45 ATTACHED INSTITUTIONS 56 2010 SIGNIFICANT DECISIONS 59 2010SIGNIFICANT RULES, Guidelines, 67 Circulars, and Orders SIGNIFICANT ACCOMPLISHMENTS of SC COMMITTEES 70 and Technical Working Groups SIGNIFICANT FORA, Conferences, 73 Seminars, and Workshops 2009 SIGNIFICANT ADMINISTRATIVE RULINGS 78 EMPLOYEE WELFARE AND BENEFITS 84 The Philippine JUDICIAL SYSTEM 87 4 ANNUAL REPORT 2010| SUPREME COURT OF THE PHILIPPINES A first-rate Judiciary. This is something that should be in everyone’s wish list for our country. I say this not just as head of the Judiciary but also as Renato C. Corona, a Filipino citizen. The reason is simple: For the social and economic development of our country to be deep and lasting, the same must be underpinned by the rule of law. -
The Celebrity's Right to Autonomous Self-Definition
65 THE CELEBRITY’S RIGHT TO AUTONOMOUS SELF-DEFINITION AND FALSE ENDORSEMENTS: ARGUING THE CASE FOR A RIGHT OF PUBLICITY IN THE PHILIPPINES Arvin Kristopher A Razon* Abstract With the Philippines being the top country in terms of social media usage, social media platforms have expanded opportunities for celebrities to profit from their fame. Despite the pervasiveness of celebrity culture in the country and the increasing number of unauthorised celebrity advertisements in such platforms, the right of publicity does not explicitly exist in Philippine law. This paper explains that the lack of an explicit statute-based right of publicity does not mean that it does not exist in common law or other statutory law. Centred on the minimalist path of law reform, the paper argues that the existing right to privacy in Philippine law can justify a right to publicity, anchored on the right to protect unwarranted publicity about oneself regardless of one’s status in the public eye, as well as on the right to autonomous self-definition. The illustrative cases in this paper evidence the hurt feelings celebrities suffer from unwanted publicity. A publicity right also exists as a property right under local intellectual property laws on unfair competition. I. Introduction The opportunity to economically exploit one’s name, likeness or identity, often through celebrity endorsements, is a perk that comes with being a celebrity.1 The internet, particularly social media platforms like Facebook and Instagram, has expanded the opportunities for celebrities to profit from their fame, providing them with another channel by which they can endorse brands to a global audience, * BA Organizational Communication (magna cum laude), Juris Doctor (University of the Philippines), LLM (University of Melbourne); Lecturer, De La Salle University. -
News Monitoring 07 10 2019
DATE 10 JUL 2019 DAY : pednescial EN- TsTE,WS _ Strategic Communication and Initiative Service III-11111F • rx.....-rAGE 1 DANNER EMFORIM CARR /.-Lbfroi00.011_ ' MORY MORY MOO - • • - MGR t WIM 10 JUL 7019 epartment of Environment sod Witte el Resources MANILAtIVIALETIN RATEGIC COMMUNICATION INITIATIVES SERVICE THE NA.TION'S LEAPING NEWSPAPER GAM DENR reopens dump in Baguio By ZALDY COMANDA local government, Rapport Innova- tions, to speed up the upgrading of the BAGUIO CITY - The Department machines. of Environment and Natural Resources Last June 26, Undersecretary (DENR) in Cordillera granted the request Benny Anteporda issued a temporary of the city to reopen the Irisan dumpsite order stopping Baguio from operating to head off another garbage crisis. the ERS machines because of alleged DENR-Cordillera Regional Direc- environmental violations. tor Ralph Pablo informed Mayor Ben- Among the other conditions for lift- jie Magalong that the agency decided ing the order are the proper collection to reopen the facility on condition the of biodegradable waste and the con- city collect the mixed waste that was version of the area into an eco-friendly piling up by the end of the month. park by December 31. The city must also see to it that the Magalong said the over 40,000 two Environmental Recycling System cubic meters of raw compost in the (ERS) machines for converting biode- dump must be converted into com- gradable waste will be operational by post fertilizer by the third quarter of that time. next year so that converting the dump During a meeting at the dump, into a park could be finished by the Magalong directed the partner of the first quarter of 2021. -
Judicial Roles in Nonjudicial Functions
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 1-2013 Judicial Roles in Nonjudicial Functions Nuno Garoupa [email protected] Tom Ginsburg Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Law Commons Recommended Citation Nuno Garoupa & Tom Ginsburg, Judicial Roles in Nonjudicial Functions, 12 Wash. U. Global Stud. L. Rev. 755 (2013). Available at: https://scholarship.law.tamu.edu/facscholar/449 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. JUDICIAL ROLES IN NONJUDICIAL FUNCTIONS NUNO GAROUPA* TOM GINSBURG ABSTRACT Judges perform nonjudicial functions in many contexts. Most jurisdictions regulate these functions in multiple ways, by statute and by custom. We provide a theory of judicial demand and judicial supply for nonjudicial functions. By teasing out the determinants of judicial involvement in nonjudicial functions, we show the potential market failures and the need for regulation. We suggest that some limitations on the judicial exercise of nonjudicial functions seem justified. However, these limits might vary acrossjurisdictions depending on institutionaland contextualfactors. TABLE OF CONTENTS INTRODUCTION................................................. 756 1. NONJUDICIAL FUNCTIONS...................................... 759 II. A THEORY OF -
Chief Justice Reynato S. Puno Distinguished Lectures Series of 2010
The PHILJA Judicial Journal The PHILJA Judicial Journal is published twice a year by the Research, Publications and Linkages Office of the Philippine Judicial Academy (PHILJA). The Journal features articles, lectures, research outputs and other materials of interest to members of the Judiciary, particularly judges, as well as law students and practitioners. The views expressed by the authors do not necessarily reflect the views of either the Academy or its editorial board. Editorial and general offices are located at PHILJA, 3rd Floor, Centennial Building, Supreme Court, Padre Faura St., Manila. Tel. No.: 552-9524 Telefax No.: 552-9628 Email: [email protected]; [email protected] CONTRIBUTIONS. The PHILJA Judicial Journal invites contributions. Please include author’s name and biographical information. The editorial board reserves the right to edit the materials submitted for publication. Copyright © 2010 by The PHILJA Judicial Journal. All rights reserved. For more information, please visit the PHILJA website at http://philja.judiciary.gov.ph. ISSN 2244-5854 SUPREME COURT OF THE PHILIPPINES CHIEF JUSTICE Hon. RENATO C. CORONA ASSOCIATE JUSTICES Hon. ANTONIO T. CARPIO Hon. CONCHITA CARPIO MORALES Hon. PRESBITERO J. VELASCO, Jr. Hon. ANTONIO EDUARDO B. NACHURA Hon. TERESITA J. LEONARDO-DE CASTRO Hon. ARTURO D. BRION Hon. DIOSDADO M. PERALTA Hon. LUCAS P. BERSAMIN Hon. MARIANO C. DEL CASTILLO Hon. ROBERTO A. ABAD Hon. MARTIN S. VILLARAMA, Jr. Hon. JOSE P. PEREZ Hon. JOSE C. MENDOZA COURT ADMINISTRATOR Hon. JOSE MIDAS P. MARQUEZ DEPUTY COURT ADMINISTRATORS Hon. NIMFA C. VILCHES Hon. EDWIN A. VILLASOR Hon. RAUL B. VILLANUEVA CLERK OF COURT Atty. MA. -
REPUBLIC of the PHILIPPINES Supreme Court of the Philippines En Banc - M a N I L A
REPUBLIC OF THE PHILIPPINES Supreme Court of the Philippines En Banc - M A N I L A ARTURO M. DE CASTRO, JAIME N. SORIANO, PHILIPPINE CONSTITUTIONAL ASSOCIATION (Philconsa), per Manuel Lazaro, & JOHN G. PERALTA, Petitioners, - versus - G.R. Nos. 191002, 191032 & 191057 & 191149 For: Mandamus, Prohibition, etc. JUDICIAL AND BAR COUNCIL and EXECUTIVE SECRETARY EDUARDO ERMITA (LEANDRO MENDOZA), representing the President of the Philippines, GLORIA MACAPAGAL-ARROYO, Respondents. X---------------------------------------------------------------------------------------------------------------X In re: Applicability of Article VII, Section 15 of the Constitution to the appointments to the Judiciary, ESTELITO P. MENDOZA, Petitioner, - versus - A.M. No. 10-2-5-SC X--------------------------------------------------------------------------------------------------------------X JUDGE FLORENTINO V. FLORO, JR., (123 Dahlia, Alido, Bulihan, Malolos City, 3000 Bulacan) Petitioner-in-Intervention, - versus - G. R. No. ______________________ For: Intervention, etc. X-------------------------------------------------------------------------------------------------------------X In re: (Noted, Not Denied by the JBC) Nomination dated February 4, 2010, by Judge Florentino V. Floro, Jr. of Atty. Henry R. Villarica and Atty. Gregorio M. Batiller, Jr. , for the position of Chief Justice subject to their ratification of the nomination or later consent thereof; with Verified Petition-Letter to CONSIDER the case at bar/pleading/Letter, an administrative matter and cause -
The Project for Study on Improvement of Bridges Through Disaster Mitigating Measures for Large Scale Earthquakes in the Republic of the Philippines
THE REPUBLIC OF THE PHILIPPINES DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH) THE PROJECT FOR STUDY ON IMPROVEMENT OF BRIDGES THROUGH DISASTER MITIGATING MEASURES FOR LARGE SCALE EARTHQUAKES IN THE REPUBLIC OF THE PHILIPPINES FINAL REPORT MAIN TEXT [1/2] DECEMBER 2013 JAPAN INTERNATIONAL COOPERATION AGENCY (JICA) CTI ENGINEERING INTERNATIONAL CO., LTD CHODAI CO., LTD. NIPPON KOEI CO., LTD. EI JR(先) 13-261(2) Exchange Rate used in the Report is: PHP 1.00 = JPY 2.222 US$ 1.00 = JPY 97.229 = PHP 43.756 (Average Value in August 2013, Central Bank of the Philippines) LOCATION MAP OF STUDY BRIDGES (PACKAGE B : WITHIN METRO MANILA) i LOCATION MAP OF STUDY BRIDGES (PACKAGE C : OUTSIDE METRO MANILA) ii B01 Delpan Bridge B02 Jones Bridge B03 Mc Arthur Bridge B04 Quezon Bridge B05 Ayala Bridge B06 Nagtahan Bridge B07 Pandacan Bridge B08 Lambingan Bridge B09 Makati-Mandaluyong Bridge B10 Guadalupe Bridge Photos of Package B Bridges (1/2) iii B11 C-5 Bridge B12 Bambang Bridge B13-1 Vargas Bridge (1 & 2) B14 Rosario Bridge B15 Marcos Bridge B16 Marikina Bridge B17 San Jose Bridge Photos of Package B Bridges (2/2) iv C01 Badiwan Bridge C02 Buntun Bridge C03 Lucban Bridge C04 Magapit Bridge C05 Sicsican Bridge C06 Bamban Bridge C07 1st Mandaue-Mactan Bridge C08 Marcelo Fernan Bridge C09 Palanit Bridge C10 Jibatang Bridge Photos of Package C Bridges (1/2) v C11 Mawo Bridge C12 Biliran Bridge C13 San Juanico Bridge C14 Lilo-an Bridge C15 Wawa Bridge C16 2nd Magsaysay Bridge Photos of Package C Bridges (2/2) vi vii Perspective View of Lambingan Bridge (1/2) viii Perspective View of Lambingan Bridge (2/2) ix Perspective View of Guadalupe Bridge x Perspective View of Palanit Bridge xi Perspective View of Mawo Bridge (1/2) xii Perspective View of Mawo Bridge (2/2) xiii Perspective View of Wawa Bridge TABLE OF CONTENTS Location Map Photos Perspective View Table of Contents List of Figures & Tables Abbreviations Main Text Appendices MAIN TEXT PART 1 GENERAL CHAPTER 1 INTRODUCTION ..................................................................................... -
Senat:E Pasay City
REPUBLIC OF THE PHILIPPINES Senat:e Pasay City Journal SESSION NO. 63 Tuesday, June 5, 2012 FIFTEENTH CONGRESS SECOND REGULAR SESSION SESSION NO. 63 Tuesday, June 5, 2012 CALL TO ORDER of sloth, vice and malice. Let Your commandments and parables direct us At 3:25 p.m., the Senate President, Hon. Juan to worship purely and render service Ponce Enrile, called the session to order. selflessly. PRAYER All these we pray to You in Your Name. Amen. Sen. Ralph G. Recto led the prayer, to wit: ROLL CALL Dear Lord, Your divine love binds us as one family and nation. You keep the lamp Upon direction of the Chair, the Secretary of the light burning. Senate, Atty. Emma Lirio-Reyes, called the roll, to Lord, we confess: which the following senators responded: When we stray from Your path, we suffer personal pain and allow evil Angara, E. J. Lapid, M. L. M. to inflict hunger, violence and terror on Arroyo, J. P. Legarda, L. our fellowmen. Defensor Santiago, M. Marcos Jr., F. R. Drilon, F. M. Osmefia III, S. R. Forgetting how to be a Master like Enrile, J. P. Pimentel III, A. L. You, we fail to be a servant of the sick, Escudero, F. J. G. Recto, R. G. dejected and poor. Estrada, J. Revilla Jr., R. B. Losing faith, we allow division to Guingona III, T. L. Sotto III, V. C. rule our days and derision to burden our Honasan, G. B. Trillanes IV, A. F. conscience. Lacson, P. M. Lord we beseech You: With 19 senators present, the Chair declared the Through Your wonderful ways, presence of a quorum.