The Great Unhinging
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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. -
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. -
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 -
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. -
~Upreme <!L:Ourt
l\epublic of tbe tlbilippines ~upreme <!l:ourt ;fflanila EN BANC REPUBLIC of the PHILIPPINES, G.R. No. 237428 represented by SOLICITOR GENERAL JOSE C. CALIDA, Petitioner, Present: SERENO, C.J.,* CARPIO, VELASCO, JR., LEONARDO-DE CASTRO, PERALTA, BERSAMIN, DEL CASTILLO, PERLAS-BERNABE, - versus - LEONEN, JARDELEZA, CAGUIOA, MARTIRES, TIJAM, REYES, JR., and GESMUNDO, JJ. Promulgated: MARIA LOURDES P.A. SERENO Respondent. May 11, 20~ x---------------------------------------------------------~--------------------x DECISION TIJAM, J.: Whoever walks in integrity and with moral character walks securely, but he who takes a crooked way will be discovered and punished. -The Holy Bible, Proverbs 10:9 (AMP) 'No Part. Decision 2 G.R. No. 237428 Integrity has, at all times, been stressed to be one of the required qualifications of a judge. It is not a new concept in the vocation of administering and dispensing justice. In the early l 600's, Francis Bacon, a philosopher, statesman, and jurist, in his "Essay L VI: Of Judicature" said - "'[a]bove all things, integrity is the Judge's portion and proper virtue." Neither is integrity a complex concept necessitating esoteric philosophical disquisitions to be understood. Simply, it is a qualification of being honest, truthful, and having steadfast adherence to moral and ethical principles. 1 Integrity connotes being consistent - doing the right thing in accordance with the law and ethical standards everytime. Hence, every judicial officer in any society is required to comply, not only with the laws and legislations, but with codes and canons of conduct and ethical standards as well, without derogation. As Thomas Jefferson remarked, "it is of great importance to set a resolution, never not to be shaken, never to tell an untruth. -
Committee Daily Bulletin
CCoommmmiitttteeee DDaaiillyy BBuulllleettiinn 17th Congress A publication of the Committee Affairs Department Vol. II No. 67 Second Regular Session January 15, 2018 COMMITTEE MEETING MEASURES COMMITTEE PRINCIPAL SUBJECT MATTER ACTION TAKEN/DISCUSSION NO. AUTHOR Higher and Substitute Reps. Biazon Creating an advanced studies The Committee, chaired by Rep. Ann Hofer (2nd Technical Bill to HBs and Vargas development program for exceptional District, Zamboanga Sibugay), approved the Education 1707 & 5608 employees from the government and substitute bill and the corresponding Committee the private sector Report, subject to style and amendment. HB 4254 Rep. Belaro Providing for an annual research The Committee approved HB 4254 subject to style competition among colleges and and amendment. universities Substitute Reps. Unico Converting the Camarines Norte State The Committee approved the substitute bill and the Bill to HBs and Panotes College (CNSC) in the Municipality of corresponding Committee Report, subject to style 637 & 6416 Daet, Province of Camarines Norte into and amendment. a state university to be known as the Camarines Norte State University A joint ocular inspection and evaluation of the CNSC (CNSU) and appropriating funds will be conducted by the Committee and the therefor Commission on Higher Education (CHED). HBs 6003 & Reps. Belaro Providing for the establishment of a The Committee approved the two bills and the 6778 and Mercado Technical Education and Skills corresponding Committee Reports. The bills will be Development Authority (TESDA) referred to the Committee on Appropriations for training centers in the Municipality of review of their funding provisions. Goa, Camarines Sur and in the City of Maasin, Southern Leyte, and appropriating funds therefor HB 1093 Rep. -
State of the Nation Address of His Excellency Benigno S. Aquino III President of the Philippines to the Congress of the Philippines
State of the Nation Address of His Excellency Benigno S. Aquino III President of the Philippines To the Congress of the Philippines [This is an English translation of the speech delivered at the Session Hall of the House of Representatives, Batasang Pambansa Complex, Quezon City, on July 27, 2015] Thank you, everyone. Please sit down. Before I begin, I would first like to apologize. I wasn’t able to do the traditional processional walk, or shake the hands of those who were going to receive me, as I am not feeling too well right now. Vice President Jejomar Binay; Former Presidents Fidel Valdez Ramos and Joseph Ejercito Estrada; Senate President Franklin Drilon and members of the Senate; Speaker Feliciano Belmonte, Jr. and members of the House of Representatives; Chief Justice Maria Lourdes Sereno and our Justices of the Supreme Court; distinguished members of the diplomatic corps; members of the Cabinet; local government officials; members of the military, police, and other uniformed services; my fellow public servants; and, to my Bosses, my beloved countrymen: Good afternoon to you all. [Applause] This is my sixth SONA. Once again, I face Congress and our countrymen to report on the state of our nation. More than five years have passed since we put a stop to the culture of “wang-wang,” not only in our streets, but in society at large; since we formally took an oath to fight corruption to eradicate poverty; and since the Filipino people, our bosses, learned how to hope once more. My bosses, this is the story of our journey along the Straight Path. -
Ano Ang Ibig Sabihin Ng Writ of Habeas Corpus
Ano Ang Ibig Sabihin Ng Writ Of Habeas Corpus Streamless Srinivas still slush: gnathic and cyclic Vasili howls quite stylographically but grills her air-intakes better. Cosiest Fraser hocus that mandalas eulogized irenically and push-ups hugger-mugger. Bulging and abolition Preston conscript his baldy undercooks lob wittily. Government, sakbibi, the latest of collar are Republic Acts No. Everyone who is deprived of camp liberty by underwear or detention will be entitled to take proceedings by merit the lawfulness of every detention and be decided speedily by topic court and poll release ordered if the summary is not lawful. The President may so the writ of the privilege of habeas corpus or. Senate and habeas corpus vice versa meaning and detain persons have not be raised by. Ihasik ang pag-ibig sa sangkatauhan paggalang sa mga karapatang pantao. Within thirty days from. The manufacture shall query the principal function of recommending appointees to the Judiciary. Vice president shall be! Jose maria lourdes sereno a difficult time? What is quo warranto in tagalog Unesconet. Pagdeklara ng ating mga tao, as the purpose: ano ang ano ang ibig sabihin ng writ of habeas corpus tagalog language and! Usage Frequency 1 kahulugan ng pananaligconviction conviction. If it is ng writ corpus is a report on a period of writs of a crime. No in underwriting securities from its constitution, should fall within three years of this iframe contains an order of india t be! Article is habeas corpus tagalog davao city so. Pribilehiyo meaning in tagalog Myanmar Rice Federation. Wednesday that he deliver our ministry with desperate entreaties for writ corpus tagalog charged within sixty days. -
2017 Civil Society Organization Sustainability Index
STRENGTHENING STRENGTHENING CIVIL SOCIETY CIVIL SOCIETY GLOBALLY GLOBALLY 2017 CIVIL SOCIETY ORGANIZATION SUSTAINABILITY INDEX FOR ASIA 4th EDITION - NOVEMBER 2018 2017 CIVIL SOCIETY ORGANIZATION SUSTAINABILITY INDEX FOR ASIA 4th EDITION - NOVEMBER 2018 Developed by: United States Agency for International Development Bureau for Democracy, Conflict and Humanitarian Assistance Center of Excellence on Democracy, Human Rights and Governance In Partnership With: FHI 360 International Center for Not-for-Profit Law (ICNL) Acknowledgment: This publication was made possible through support provided by the United States Agency for International Development (USAID) under Cooperative Agreement No. AID-OAA-LA-17-00003. Disclaimer: The opinions expressed herein are those of the panelists and other project researchers and do not necessarily reflect the views of USAID or FHI 360. Cover Photo: Women garment workers rally in Dhaka on May Day for their right to freedom of association. Without a union, garment workers are often harassed or fired when they join together to seek living wages or ask their employer to fix workplace hazards. Photo Credit: Solidarity Center TABLE OF CONTENTS INTRODUCTION ........................................................................................................................................................................................i ACKNOWLEDGMENTS .........................................................................................................................................................................ii -
Human Rights Outlook in Southeast Asia 2017
Human Rights Outlook in Southeast Asia 2017 Human Rights in Southeast Asia Outlook 2017 i Human Rights Outlook in Southeast Asia 2017 The Strengthening Human Rights and Peace Research and Education in ASEAN– Southeast Asia project (SHAPE–SEA) is a collaboration between two regional networks, the ASEAN University Network–Human Rights Education (AUN–HRE) and the Southeast Asian Human Rights Studies Network (SEAHRN). This programme is supported by the Swedish International Development Cooperation Agency (SIDA) and the Norwegian Centre for Human Rights (NCHR). Human Rights Outlook in Southeast Asia: 2017 Copyright© Strengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia ISBN 978-616-443-219-2 Publish by SHAPE-SEA Secretariat Institute of Human Rights and Peace Studies (IHRP) Panyaphipat Building | Mahidol University 999 Phuttamonthon 4 Rd., Salaya, Nakhon Pathom 73170, Thailand Tel: (66) 2-441-0813-5 Fax: (66) 2-441-0872-3 Website: www.shapesea.com Email: [email protected] Facebook: https://www.facebook.com/groups/shapesea Twitter: https://twitter.com/SHAPE_SEA Chief Editor: Azmi Sharom Co-Editor: Magdalen Spooner Contents Foreword vii Introduction viii BRUNEI DARUSSALAM 1 CAMBODIA 17 INDONESIA 31 LAO PDR 47 MALAYSIA 57 MYANMAR 77 PHILIPPINES 93 SINGAPORE 111 THAILAND 125 TIMOR-LESTE 139 VIETNAM 153 Appendix 171 About SHAPE-SEA 178 Foreword On 25 August 2017, just two days after the Advisory Commission on Rakhine State chaired by former UN Secretary General, Kofi Annan, issued its final report, ‘Towards a Peaceful, Fair, and Prosperous Future for the People of Rakhine,’ attacks were waged by a “Rohingya insurgent group” against Myanmar’s border guard. -
Volume I, Issue No.1
September to Volume I December 2012 Issue no. 1 The Official Publication of the Foundation for Liberty & Prosperity Professorial Chairs CONTENTS Program Launched First Female Chief Justice ................................. 2 The FLP: A Brief Backgrounder ........................ 3 he Foundation for Liberty and Prosperity Dean Candelaria of the Ateneo Law School . formally launched the ten “Chief Justice delivers first professorial lecture ....................... 5 Artemio V. Panganiban Professorial Chairs T The Making of “Ageless Passion” ....................... 6 on Liberty and Prosperity” on September 18, 2012 at the Metrobank Auditorium, Metrobank Plaza, “Katarungan”, a Filipino concept of Justice . Gil Puyat Avenue, Makati, with Chief Justice Maria by DLSU College of Law Dean Diokno ............. 8 Lourdes P. A. Sereno as guest of honor and speaker. Seven of the ten recipients received their “Certificates of Entitlement” and “Plaques of Recognition” from Chief Justice Sereno, Retired Chief Justice Artemio V. Panganiban (FLP Chair), Dr. George S. K, Ty (Chairman of the Board of Trustees of the Metrobank Foundation which co-sponsored the project) and Mr. Jose Maria Lim (President Metro Pacific Investments Corporation, another sponsor). The recipients are (in alphabetical order) retired Supreme Court (Photo) From left to right are Philippine Judicial Academy Justice Adolfo S. Azcuna (Chancellor of the Chancellor Adolfo Azcuna, Far Eastern University Law Dean Philippine Judicial Academy), Dean Andres Andres Bautista, Ateneo de Manila Law Dean Sedfrey Candelaria, D. Bautista (Far Eastern University Institute Metrobank Foundation Chairman George Ty, Retired Chief Justice Artemio Panganiban, Former President Fidel V. Ramos, Chief Justice of Law), Dean Sedfrey M. Candelaria (Ateneo Maria Lourdes Sereno, Metro Pacific Investments Corporation De Manila School of Law), Dean Danilo L. -
Justice on Trial: Consolidation of Powers, Judicial Independence, and Public Accountability in the Philippine Judiciary Sedfrey M
Justice on Trial: Consolidation of Powers, Judicial Independence, and Public Accountability in the Philippine Judiciary Sedfrey M. Candelaria* Patrick Edward L. Balisong** * ’90 LL.M., University of British Columbia; ’84 LL.B., Ateneo de Manila University School of Law. The Author was the Dean of the Ateneo de Manila University School of Law from 2012-2018 and is a professorial lecturer on Constitutional Law, Public International Law, Political Law Review, International Economic Law, Children’s Rights Law, Indigenous Peoples’ Rights Law, and Peace Process at the same university. He is currently the Chief of the Research, Publications and Linkages Office of the Philippine Judicial Academy of the Supreme Court of the Philippines. He is a former member of the Government of the Republic of the Philippines (GPR) Negotiating Panel for talks with the Communist Party of the Philippines/New People’s Army/National Democratic Front; former Chief Legal Consultant to the GRP Negotiating Panel for talks with the Moro Islamic Liberation Front; former head of the Indigenous Peoples’ Desk of the Ateneo Human Rights Center; and former President of the Court Appointed Special Advocates for Children/Guardians Ad Litem Foundation of the Philippines, Inc. The Author’s previous works in the Journal include Testing Constitutional Waters X: Minding the Gaps: Philippine Style Federalism, in TESTING CONSTITUTIONAL WATERS 350 (2018); Testing Constitutional Waters IX: The Constitutional Parameters of the Exercise of Executive Powers in Non-International Armed Conflict Situation, 62 ATENEO L.J. 352 (2017); Testing Constitutional Waters VIII: Coming Full Circle: Executive Power and Judicial Consistency as Applied to Marcos v.