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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. -
Disappearance"/ Death Threats 12 March 1993
EXTERNAL (for general distribution) AI Index: 35/04/93 Distr: UA/SC UA 68/93 "Disappearance"/ Death Threats 12 March 1993 PHILIPPINES: Romeo Legaspi, 58, Journalist / Publisher Amnesty International is concerned for the safety of Romeo Legaspi, a journalist and publisher, who "disappeared" after being abducted by four armed men believed to be linked to the Philippines National Police (PNP) on 11 January 1993 in Olongapo City, Zambales. Prior to his abduction, Romeo Legaspi had been harrassed and threatened by police authorities about whom he had written a critical article in the Voice of Zambales newspaper. Police have denied having him in custody and, as of 12 March 1993, his whereabouts remained unknown. The Supreme Court has yet to reach a decision on a habeas corpus petition filed by family members in late February. Amnesty International fears that Romeo Legaspi may be in danger of ill-treatment or unlawful execution if he is not located immediately. The organization is also concerned for the safety of Romeo Legaspi's relatives who have received death threats since they filed a formal complaint about his "disappearance". In 1992, ten members of the PNP's Intelligence Special Operations Group (PNP-ISOG) in Olongapo, including the Station Commmander, filed libel charges against Romeo Legaspi for an article which alleged that their unit had been involved in illegal activities, and which called for its dissolution. The charges were dismissed, but he continued to receive threats and warnings from the police involved. In letters to family and friends, and in his personal diary, he expressed fear that the police authorities might take action against him. -
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 -
Vargas V. Rilloraza, 80 Phil 297 F: Pet. Vargas Filed a Motion Assailing
Vargas v. Rilloraza, 80 Phil 297 F: Pet. Vargas filed a motion assailing the constitutionality of People's Court Act w/c provides that any justice of the SC who held any office or position under the Phil Exec. Commission or under the govt called Phil. Republic, may not sit and vote in any case brought to that court under sec. 13 hereof in w/c the accused is a person who held any office or position under either both the Phil. Exec. Commission and the Phil. Republic or any branch, instrumentality or agency thereof. If on account of such disqualification, or bec. of any of the grounds of disqualification of judges, in R 126, sec. 1 of the ROC, or on account of illness, absence of temporary disability, the requisite number of justices necessary to constitute a quorom in any case is not present, the Pres. may designate such no. of judges of the CFI, judges at large of CFI, cadastral judges, having none of the disqualification set forth in the above law, as may be necessary to sit temporarily as justice of the SC in order to form a quorom. HELD: (1) Congress does not have the power to add to the existing grounds for disqualification of a justice of the SC. To disqualify any of these constitutional component member of the court- especially as in this case, a majority of them-- in a treason case, is nothing short of depriving the court itself of its jurisdiction as established by the fundamental law. Disqualification of a judge is a deprivation of his judicial power. -
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. -
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. -
Philippine Studies Ateneo De Manila University • Loyola Heights, Quezon City • 1108 Philippines
philippine studies Ateneo de Manila University • Loyola Heights, Quezon City • 1108 Philippines The Filipino Reaction to American Rule 1901-13 Review Author: Jose S. Arcilla S.J. Philippine Studies vol. 33, no. 2(1985) 242–243 Copyright © Ateneo de Manila University Philippine Studies is published by the Ateneo de Manila University. Contents may not be copied or sent via email or other means to multiple sites and posted to a listserv without the copyright holder’s written permission. Users may download and print articles for individual, noncom- mercial use only. However, unless prior permission has been obtained, you may not download an entire issue of a journal, or download multiple copies of articles. Please contact the publisher for any further use of this work at [email protected]. http://www.philippinestudies.net Fri June 27 13:30:20 2008 242 PHILIPPINE STUDIES browse through the text. While the summary of all the accounts may interest the historian and sleuth, a coherent highlighting of the key testimonies would have served the general reader better. The story line wanders and gets lost in a mass of facts, personalities and details. The remainder of the book: "The Exhibits," "The Photochronology," "The Board Counsel's Report," "The Board Members' Report" and "The Chairman's Report" reads more like an appendix-it contains important in- formation, but things one would not normally read through. The 150-slide photochronology, the master stroke of Andres Narvasa, General Counsel of the Board, is a priceless historical documentation of the two murders. Save for the fatal few moments of the murder, the photochronology will always make the event vividly familiar. -
Shooting Stars and Dancing Fish: a Walk to the World We Want
Pace University DigitalCommons@Pace Environmental Law Program Publications @ Haub Law School of Law 2017 Shooting Stars and Dancing Fish: A Walk to the World We Want Tony Oposa School of the SEA, Bantayan, Cebu, Philippines, [email protected] Follow this and additional works at: https://digitalcommons.pace.edu/environmental Part of the Agriculture Law Commons, Comparative and Foreign Law Commons, Energy and Utilities Law Commons, Environmental Law Commons, Food and Drug Law Commons, International Law Commons, Land Use Law Commons, Natural Resources Law Commons, Oil, Gas, and Mineral Law Commons, and the Water Law Commons Recommended Citation Tony Oposa, Shooting Stars and Dancing Fish: A Walk to the World We Want (2017). This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Environmental Law Program Publications @ Haub Law by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. a walk to the world we want tony oposa Shooting Stars and Dancing Fish A Walk to the World We Want Antonio A. Oposa, Jr. Copyright © 2017 by Antonio A. Oposa, Jr. School of the SEA Barangay OK-oy! Sta. Fe Bantayan Island, Cebu The Philippines www.oposa.ph [email protected] All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, for profit, without the prior written permission of the publisher. Published by: 35 Lopez Jaena Street Cebu City 6000 The Philippines Tel/Fax: (63 32) 411-1700 / 343-1700 www.rafi.org.ph ISBN: 978-971-95996-7-8 Editor: Eileen G. -
Resolutionno
P S. Rer No 219 P, S Rei. No, 285 RESOLUTIONNo. 52 RESOLUTION COMMENDING THE SUPREME COURT OF THE PHILIPPINES FOR DESIGNATING ONE HUNDRED SEVENTEEN TRIAL COURTS AS ENVIRONMENTAL COURTSTO HEAR CASES 1NVOLVlNGVlOLATIONS OF LAWS PROTECTING THE COUNTRY'S NATURAL RESOURCES WH~REAS.Section 5 (9,Article VIIl ofthe Constitution einuowers the Supreme Court to promulgate rules concerning the protectibn and enforcement of constitutional rights; WHEREAS, Section I6,Article II states that "The State shall protect and promote the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; WHEIILAS. Section I, Acticle 111 states that "No person shall be deprived of life, liberty, or property without due process of law, nor shall 2 any person be denied the equal protection of the laws; WHEREAS.pursuant to its Constitutional mandate to protect and enforce the abovementioned constitutional rights, the Supreme Court, in a resolution of the Court En Banc dated November 20, 2007, has designated one hundred seventeen (I 17) trial courts as special courts to hear cases involving violation of environmental laws; WHEREAS,of the one hundred seventeen (I 17) environmental courts, forty-eight (48) are "first-level" courts and twenty-four (24) are "second-level'' courts, while the remaining forty-five (45) were earlier designated as forestry courts; Wimms, the designated first and second level courts will have jurisdiction to hear and decide environmental cases, including violattons of the Fisheries Code and the National