Ano Ang Ibig Sabihin Ng Writ of Habeas Corpus
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Judicial Tenure and the Politics of Impeachment
C International Journal for Court Administration International Association For copywriteart.pdf 1 12/20/17 8:30 AM Vol.CourtM Administration 9 No. 2, July 2018 ISSNY 2156-7964 URL: http://www.iacajournal.org CiteCM this as: DOI 10.18352/ijca.260 Copyright: MY CY JudicialCMY Tenure and the Politics of Impeachment - 1 ComparingK the United States and the Philippines David C. Steelman2 Abstract: On May 11, 2018, Maria Lourdes Sereno was removed from office as the Chief Justice of the Supreme Court of the Philippines. She had been a vocal critic of controversial President Rodrigo Duterte, and he had labeled her as an “enemy.” While she was under legislative impeachment investigation, Duterte’s solicitor general filed aquo warranto petition in the Supreme Court to challenge her right to hold office. The Supreme Court responded to that petition by ordering her removal, which her supporters claimed was politically-motivated and possibly unconstitutional. The story of Chief Justice Sereno should give urgency to the need for us to consider the proposition that maintaining the rule of law can be difficult, and that attacks on judicial independence can pose a grave threat to democracy. The article presented here considers the impeachment of Chief Justice David Brock in the American state of New Hampshire in 2000, identifying the most significant institutional causes and consequences of an event that presented a crisis for the judiciary and the state. It offers a case study for the readers of this journal to reflect not only on the removal of Chief Justice Sereno, but also on the kinds of constitutional issues, such as judicial independence, judicial accountability, and separation of powers in any democracy, as arising from in conflicts between the judiciary and another branch of government. -
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. -
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 -
Motion for Reconsideration
REPUBLIC OF THE PHILIPPINES SUPREME COURT MANILA EN BANC REPUBLIC OF THE PHILIPPINES, REPRESENTED BY SOLICITOR GENERAL JOSE C. CALIDA, Petitioner, – versus – CHIEF JUSTICE MARIA LOURDES P.A. G.R. No. SERENO, 237428 For: Quo Warranto Respondent. Senators LEILA M. DE LIMA and ANTONIO “SONNY” F. TRILLANES IV, Movant-Intervenors. x-------------------------------------------------------------------x MOTION FOR RECONSIDERATION Movant-intervenors, Senators LEILA M. DE LIMA and ANTONIO “SONNY” F. TRILLANES IV, through undersigned counsel, respectfully state that: 1. On 29 May 2018, Movant-intervenors, in such capacity, requested and obtained a copy of the Decision of the Supreme Court dated 11 May 2018, by which eight members of the Court voted to grant the Petition for Quo Warranto, resulting in the ouster of Chief Justice Maria Lourdes P.A. Sereno. 2. The Supreme Court’s majority decision, penned by Justice Tijam, ruled that: 2.1. There are no grounds to grant the motion for inhibition filed by respondent Chief Justice Sereno; 2.2. Impeachment is not an exclusive means for the removal of an impeachable public official; MOTION FOR RECONSIDERATION Republic of the Philippines v. Sereno G.R. No. 237428 Page 2 of 25 2.3. The instant Petition for Quo Warranto could proceed independently and simultaneously with an impeachment; 2.4. The Supreme Court’s taking cognizance of the Petition for Quo Warranto is not violative of the doctrine of separation of powers; 2.5. The Petition is not dismissable on the Ground of Prescription, as “[p]rescription does not lie against the State”; and 2.6. The Petitioner sufficiently proved that Respondent violated the SALN Law, and such failure amounts to proof of lack of integrity of the Respondent to be considered, much less nominated appointed, as Chief Justice by the Judicial and Bar Council and the President of Republic, respectively. -
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 -
Philippine Case Study Revised RLM Rev As of 28
Environmental Adjudication in the Philippines: Jurisprudence, Access to Justice, Green Courts and Tribunals, and Judicial Specialization in Environmental and Natural Resources Law Introduction Biodiversity and Environmental Challenges The Philippines is one of the world’s most ecologically rich countries because it possesses an abundance of natural resources and is a renowned biodiversity hotspot.1 The country is host to about 9,253 plant species (65.8% endemic), 167 mammal species (61.1% endemic), 535 bird species (34.8% endemic), 237 reptile species (67.5% endemic), 89 amphibian species (85.4% endemic), and 981 freshwater fish species (23.8% endemic).2 The Philippines is also the epicenter of global marine biodiversity, and lies in an ocean biodiverse hotspot, the Coral Triangle, considered as the global center of marine biodiversity where 76% of the world’s coral species lives,3 and spans six countries – Indonesia, Malaysia, the Philippines, Papua New Guinea, Timor Lester, and the Solomon Islands, which lies amidst the border of the Sulu- Sulawesi Seas Marine Ecoregion. Four hundred species of corals, 650 species of reef fishes, including six of the world's eight species of marine turtles, endangered marine mammals, and more than 400 species of marine algae and 16 species of seagrass4 can be found in the Sulu Ecoregion. The Coral Triangle is also home to the greatest extent of mangrove forests in the world, and serves as the spawning and juvenile growth areas for the world’s largest and most valuable tuna fishery.5 However, the marine and coastal resources of the Coral Triangle are at immediate risk from a range of factors, including the impacts of climate change, overfishing, unsustainable fishing methods, and land-based sources of pollution.6 These factors adversely affect food security, employment opportunities, and the standard of living for more than 120 million coastal people dependent on fishing, 1 M. -
Power of Partnership: 50+ Years of USAID in the Philippines
POWER OF PARTNERSHIP 50+ YEARS OF USAID IN THE PHILIPPINES POWER OF PARTNERSHIP 50+ YEARS OF USAID IN THE PHILIPPINES Copyright 2017 by United States Agency for International Development (USAID) Philippines. U.S. Embassy, 1201 Roxas Boulevard Ermita, Manila, Philippines Postal Code - M 1000 Phone +63 (2) 301-6000 Fax +63 (2) 301-6213 ABOUT THE PHOTO SPREAD Students of Sto. Niño Central Honored here are the individuals, families, Elementary School in South Cotabato pose with their school communities and partners — both Filipino principal. USAID helped strengthen the capacity of teachers in more and American — that have worked tirelessly than 660 primary schools in to build a brighter future for the Philippines. Mindanao. USAID partnered with the Philippine Department of Education, corporations, foundations and non-governmental organizations to build the foundational reading and numeracy skills of young students. RIGHT PHOTO The Bohol local government and community members in Buenavista have been successfully co-managing the Cambuhat River Village Tour and Oyster Farm. USAID helped train local leaders about the value of partnerships in sustainable development. ACKNOWLEDGMENTS USAID would like to thank the following people, organizations and agencies for sharing their time, expertise and insights to make this book possible. We are eternally grateful for their valuable contribution. Partners, beneficiaries, employees and friends of USAID who generously shared their experiences and perspectives, including:* USAID Projects – Accelerating Growth -
1 2007 DLS Toc.Pmd
The JANUARY-JUNE 2008 VOL. 10, ISSUE NO. 29 JJUDICIAL PHILPHILPHIL AOURNALAA CHIEF JUSTICE REYNATO S. PUNO DISTINGUISHED LECTURES SERIES OF 2OO7 I. FIRST DISTINGUISHED LECTURE II. SECOND DISTINGUISHED LECTURE III. THIRD DISTINGUISHED LECTURE 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 © 2008 by The PHILJA Judicial Journal. All rights reserved. For more information, please visit the PHILJA website at http://philja.judiciary.gov.ph. iv SUPREME COURT OF THE PHILIPPINES CHIEF JUSTICE Hon. REYNATO S. PUNO ASSOCIATE JUSTICES Hon. LEONARDO A. QUISUMBING Hon. CONSUELO YNARES-SANTIAGO Hon. ANTONIO T. CARPIO Hon. MA. ALICIA AUSTRIA MARTINEZ Hon. RENATO C. CORONA Hon. CONCHITA CARPIO MORALES Hon. ADOLFO S. AZCUNA Hon. DANTE O. TINGA Hon. MINITA V. CHICO-NAZARIO Hon. PRESBITERO J. VELASCO, Jr. Hon. ANTONIO EDUARDO B. NACHURA Hon. RUBEN T. REYES Hon. -
Searching for Success
Searching for Success in Judicial Reform TECHNICAL EDITOR: Livingston Armytage NETWORK FACILITATOR: Lorenz Metzner Searching for Success in Judicial Reform Voices from the Asia Pacific Experience Asia Pacific Judicial Reform Forum 1 1 YMCA Library Building, Jai Singh Road, New Delhi 110 001 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in India by Oxford University Press, New Delhi © United Nations Development Programme 2009 This publication was prepared in partnership with the Asia Pacific Judicial Reform Forum (APJRF) The moral rights of the author have been asserted Database right Oxford University Press (maker) First published 2009 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. -
Southeast Asia from the Corner of 18Th & K Streets
Chair for Southeast Asia Studies Southeast Asia from the Corner of 18th & K Streets Volume III | Issue 23| December 6, 2012 Aligning U.S. Structures, Process, and Strategy: A U.S.-ASEAN Strategic and Inside This Issue the week that was Economic Partnership ernest z. bower • Myanmar government takes action against copper mine protesters Ernest Z. Bower is senior adviser and holds the Chair for Southeast Asia Studies at the Center for Strategic and International Studies • Indonesian vice president Boediono faces in Washington, D.C. unlikely impeachment • Thai prime minister Yingluck Shinawatra December 6, 2012 survives no-confidence vote looking ahead The transition between President Barack Obama’s first and second terms is the right time to develop a U.S.-ASEAN Strategic and Economic • Discussion on climate change and development Partnership (SEP). The move would serve to elevate and institutionalize in Thailand existing U.S.-ASEAN engagements. It would also compel U.S. departments • Hugh White on Australia in the “Asian Century” and agencies that have been compartmentalized and uncoordinated to raise their levels of engagement, share information, and align government • Banyan Tree Leadership Forum with Philippine mandates with strategic objectives. Chief Justice Maria Lourdes Sereno President Obama made dual commitments with his ASEAN counterparts at the fourth U.S.-ASEAN Leaders’ Meeting in Phnom Penh in November— to convert that forum into a summit, thereby indicating that the U.S. president will participate annually, and to raise the U.S.-ASEAN relationship to the “strategic level.” Creating the SEP could create a foundation for the president’s Asia Pacific policy in his second term.