Power and Violence Junjun Binay's Lawyers Ask SC to Rewrite
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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. -
J. Leonen, En Banc]
EN BANC G.R. No. 221697 - MARY GRACE NATIVIDAD S. POE LLAMANZARES, Petitioner, v. COMMISSION ON ELECTIONS and ESTRELLA C. ELAMPARO, Respondents. G.R. No. 221698-700 - MARY GRACE NATIVIDAD S. POE LLAMANZARES, Petitioner, vs. COMMISSION ON ELECTIONS, FRANCISCO S. TATAD, ANTONIO P. CONTRERAS, and AMADO T. VALDEZ, Respondents. Promulgated: March 8, 2016 x---------------------------------------------------------------------~~o=;::.-~ CONCURRING OPINION LEONEN, J.: I am honored to concur with the ponencia of my esteemed colleague, Associate Justice Jose Portugal Perez. I submit this Opinion to further clarify my position. Prefatory The rule of law we swore to uphold is nothing but the rule ofjust law. The rule of law does not require insistence in elaborate, strained, irrational, and irrelevant technical interpretation when there can be a clear and rational interpretation that is more just and humane while equally bound by the limits of legal text. The Constitution, as fundamental law, defines the mm1mum qualifications for a person to present his or her candidacy to run for President. It is this same fundamental law which prescribes that it is the People, in their sovereign capacity as electorate, to determine who among the candidates is best qualified for that position. In the guise of judicial review, this court is not empowered to constrict the electorate's choice by sustaining the Commission on Elections' actions that show that it failed to disregard doctrinal interpretation of its powers under Section 78 of the Omnibus Election Code, created novel jurisprudence in relation to the citizenship of foundlings, misinterpreted and misapplied existing jurisprudence relating to the requirement of residency for election purposes, and declined to appreciate the evidence presented by petitioner as a whole and instead insisted only on three factual grounds j Concurring Opinion 2 G.R. -
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. -
The Prospectus Is Being Displayed in the Website to Make the Prospectus Accessible to More Investors. the Pse Assumes No Respons
THE PROSPECTUS IS BEING DISPLAYED IN THE WEBSITE TO MAKE THE PROSPECTUS ACCESSIBLE TO MORE INVESTORS. THE PSE ASSUMES NO RESPONSIBILITY FOR THE CORRECTNESS OF ANY OF THE STATEMENTS MADE OR OPINIONS OR REPORTS EXPRESSED IN THE PROSPECTUS. FURTHERMORE, THE STOCK EXCHANGE MAKES NO REPRESENTATION AS TO THE COMPLETENESS OF THE PROSPECTUS AND DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS ARISING FROM OR IN RELIANCE IN WHOLE OR IN PART ON THE CONTENTS OF THE PROSPECTUS. ERRATUM Page 51 After giving effect to the sale of the Offer Shares and PDRs under the Primary PDR Offer (at an Offer price of=8.50 P per Offer Share and per PDR) without giving effect to the Company’s ESOP, after deducting estimated discounts, commissions, estimated fees and expenses of the Combined Offer, the net tangible book value per Share will be=1.31 P per Offer Share. GMA Network, Inc. GMA Holdings, Inc. Primary Share Offer on behalf of the Company of 91,346,000 Common Shares at a Share Offer Price of=8.50 P per share PDR Offer on behalf of the Company of 91,346,000 PDRs relating to 91,346,000 Common Shares and PDR Offer on behalf of the Selling Shareholders of 730,769,000 PDRs relating to 730,769,000 Common Shares at a PDR Offer Price of=8.50 P per PDR to be listed and traded on the First Board of The Philippine Stock Exchange, Inc. Sole Global Coordinator, Bookrunner Joint Lead Manager, Domestic Lead Underwriter and Lead Manager and Issue Manager Participating Underwriters BDO Capital & Investment Corporation First Metro Investment Corporation Unicapital Incorporated Abacus Capital & Investment Corporation Pentacapital Investment Corporation Asian Alliance Investment Corporation RCBC Capital Corporation UnionBank of the Philippines Domestic Selling Agents The Trading Participants of the Philippine Stock Exchange, Inc. -
Papal Visit Philippines 2014 and 2015 2014
This event is dedicated to the Filipino People on the occasion of the five- day pastoral and state visit of Pope Francis here in the Philippines on October 23 to 27, 2014 part of 22- day Asian and Oceanian tour from October 22 to November 13, 2014. Papal Visit Philippines 2014 and 2015 ―Mercy and Compassion‖ a Papal Visit Philippines 2014 and 2015 2014 Contents About the project ............................................................................................... 2 About the Theme of the Apostolic Visit: ‗Mercy and Compassion‘.................................. 4 History of Jesus is Lord Church Worldwide.............................................................................. 6 Executive Branch of the Philippines ....................................................................... 15 Presidents of the Republic of the Philippines ....................................................................... 15 Vice Presidents of the Republic of the Philippines .............................................................. 16 Speaker of the House of Representatives of the Philippines ............................................ 16 Presidents of the Senate of the Philippines .......................................................................... 17 Chief Justice of the Supreme Court of the Philippines ...................................................... 17 Leaders of the Roman Catholic Church ................................................................ 18 Pope (Roman Catholic Bishop of Rome and Worldwide Leader of Roman -
GR No. 237428
G.R. No. 237428 - REPUBLIC OF THE PHILIPPINES, Represented by Solicitor General JOSE C. CALIDA, Petitioner v. MARIA LOURDES P.A. SERENO, Respondent. Promulgated: May 11 , 2018 x--- ------------------------------------ --- - - x RESOLUTION JARDELEZA, J.: On some positions cowardice asks the question, is it safe? Expediency asks the question, is it politic? Vanity asks the question, is it popular? But conscience asks the question, is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but he must take it because conscience tells him it is right. - Martin Luther }(jng1 Respondent Chief Justice Maria Lourdes P.A. Sereno (respondent) in her Ad Cautelam Respectful Motion/or Inhibition (Motion) seeks to prevent me from participating in this special civil action for quo warranto. She invokes the New Code of Judicial Conduct, which enjoins judges to disqualify themselves from participating in a matter in which it may appear, to a reasonable observer, that they are unable to decide a matter impartially, and where the judge has actual bias or prejudice concerning a party. She further invokes the due process clause of the Constitution. Determining whether a sitting justice of the Supreme Court should recuse in a case is an exercise fraught with constitutional difficulty ..This is due in no small measure to the absence of a clear litmus test by which a jurist's partiality is measured. Walking the tightrope between a judge's duty to decide and inhibition being a matter of conscience, the Court has made largely ad hoc decisions that tum on the·factual subtleties of each case. -
2011 Annual Report.Pmd
CONTENTS A. The Cultural Center of the Philippines B. Vision, Mission, Objectives C. Functions D. Chairman’s Message E. President’s Report F. Artistic Programs • CCP Productions • Co- Productions • Resident Companies • Lessee Shows • Exhibitions • Film Showings • Arts Festivals • Film/Broadcast Arts/Video Productions • Training and Education -Summer Workshops • International Linkages • Special Events and Other Programs • Artistic Services G. Resource Development •Administrative Services Department •Human Resource Management Department •Theater Operations Department H. CCP Organizational Chart I. Financial Report J. CCP Board of Trustees & Officials CULTURAL CENTER OF THE PHILIPPINES The Cultural Center of the Philippines was The CCP rises on a 21-hectare piece of created under Executive Order No. 30 dated reclaimed land from Manila Bay. It remains one of June 23, 1966, and inaugurated on September 8, the most important landmarks in both the cultural 1969 by the former First Lady and CCP Founding and architectural history of the Philippines. Chairman Imelda Romualdez Marcos. CCP was established at a critical time in Philippine cultural In seeking to preserve, promote, and history as a trust for the benefit of the Filipino enhance the artistic and cultural heritage of the people. The Center’s founding objective was to Filipino people, the CCP showcases Filipino preserve and promote Philippine culture in all its artistic achievements, encourages the creation of varied aspects and phases and to provide original works inspired by authentic Filipino physical home for the promotion and themes and traditions, and helps make Filipino art development of Philippine art and culture. accessible to all sectors of Philippine society. VISION Arts as a way of life Arts and culture as a fundamental part of life of every Filipino MISSION The CCP is a home for culture and the arts that nurtures and promotes artistic excellence, Filipino creativity, positive values and identity in a humanistic, self-sustaining eco-friendly environment, towards a responsible global society. -
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 -
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.