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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. -
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. -
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. -
Crime and Poverty: Criminalization and Empowerment of the Poor in the Philippines
INTERNATIONAL HUMAN RIGHTS INTERNSHIP PROGRAM | WORKING PAPER SERIES VOL 7 | NO. 1 | FALL 2019 Crime and Poverty: Criminalization and Empowerment of the Poor in the Philippines Alicia Blimkie ABOUT CHRLP Established in September 2005, the Centre for Human Rights and Legal Pluralism (CHRLP) was formed to provide students, professors and the larger community with a locus of intellectual and physical resources for engaging critically with the ways in which law affects some of the most compelling social problems of our modern era, most notably human rights issues. Since then, the Centre has distinguished itself by its innovative legal and interdisciplinary approach, and its diverse and vibrant community of scholars, students and practitioners working at the intersection of human rights and legal pluralism. CHRLP is a focal point for innovative legal and interdisciplinary research, dialogue and outreach on issues of human rights and legal pluralism. The Centre’s mission is to provide students, professors and the wider community with a locus of intellectual and physical resources for engaging critically with how law impacts upon some of the compelling social problems of our modern era. A key objective of the Centre is to deepen transdisciplinary — 2 collaboration on the complex social, ethical, political and philosophical dimensions of human rights. The current Centre initiative builds upon the human rights legacy and enormous scholarly engagement found in the Universal Declartion of Human Rights. ABOUT THE SERIES The Centre for Human Rights and Legal Pluralism (CHRLP) Working Paper Series enables the dissemination of papers by students who have participated in the Centre’s International Human Rights Internship Program (IHRIP). -
February 19, 2011 February 4, 2012
FeBruAry 4, 2012 hAWAii FiliPino chronicle 1 ♦♦ FFEEBBRRUUAARRYY 149, ,2 2001121 ♦ ♦ HAWAII-FILIPINO NEWS FEATURE LEGAL NOTES Menor Bold dreAM , ProPosed WAiVer Announces uncoMMon VAlor : T he rule exPecTed To council Bid FlorenTino dAs sTory BeneFiT ThousAnds HAWAII FILIPINO CHRONICLE PRESORTED STANDARD 94-356 WAIPAHU DEPOT RD., 2ND FLR. U.S. POSTAGE WAIPAHU, HI 96797 PAID HONOLULU, HI PERMIT NO. 9661 2 hAWAii FiliPino chronicle FeBruAry 4, 2012 EDITORIAL FROM THE PUBLISHER Publisher & Executive Editor he Philippines wasted little time Charlie Y. Sonido, M.D. Preserve Judicial in starting 2012 off with a bang. In case you missed it, trial began Publisher & Managing Editor Independence and on January 16th for Chief Justice Chona A. Montesines-Sonido Renato Corona, the country’s top Associate Editors T lawyer, who is facing impeach - Integrity Dennis Galolo ment on charges of corruption be - Edwin Quinabo he on-going impeachment trial of Supreme Court fore a court composed of Philippine senators. It Chief Justice Renato Corona is not only unprece - is the first such impeachment of a chief justice in Philippine his - Creative Designer Junggoi Peralta dented but also the most difficult in the annals of tory. Supporters of President Benigno “Noynoy” S. Aquino III Philippine political history. It involves legal and con - say it’s about time that the nation’s corrupt officials are held ac - Design Consultant Randall Shiroma stitutional issues, along with political and partisan di - countable for their actions. Others are questioning the constitu - T mensions that make the case much more problematic tionality of the entire process, since it is the Supreme Court’s Photography to resolve. -
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. -
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 ..................................................................................... -
Corona Impeachment Trial Momblogger, Guest Contributors, Press Releases, Blogwatch.TV
Corona Impeachment Trial momblogger, Guest Contributors, Press Releases, BlogWatch.TV Creative Commons - BY -- 2012 Dedication Be in the know. Read the first two weeks of the Corona Impeachment trial Acknowledgements Guest contributors, bloggers, social media users and news media organizations Table of Contents Blog Watch Posts 1 #CJTrialWatch: List of at least 93 witnesses and documentary evidence to be presented by the Prosecution 1 #CJtrialWatch DAY 7: Memorable Exchanges, and One-Liners, AHA AHA! 10 How is the press faring in its Corona impeachment trial coverage? via @cmfr 12 @senmiriam Senator Santiago lays down 3 Crucial Points for the Impeachment Trial 13 How is the press faring in its Corona impeachment trial coverage? via @cmfr 14 Impeachment and Reproductive Health Advocacy: Parellelisms and Contrasts 14 Impeachment Chronicles, 16-19 January 2012 (Day 1-4) via Akbayan 18 Dismantling Coronarroyo, A Conspiracy of Millions 22 Simplifying the Senate Rules on Impeachment Trials 26 Statement of Assets, Liabilities and Net Worth (SALN) 36 #CJTrialWatch: Your role as Filipino Citizens 38 Video & transcript: Speech of Chief Justice Renato Corona at the Supreme Court before trial #CJtrialWatch 41 A Primer on the New Rules of Procedure Governing Impeachment Trials in the Senate of the Philippines 43 Making Sacred Cows Accountable: Impeachment as the Most Formidable Weapon in the Arsenal of Democracy 50 List of Congressmen Who Signed/Did Not Sign the Corona Impeachment Complaint 53 Twitter reactions: House of Representatives sign to impeach Corona 62 Full Text of Impeachment Complaint Against Supreme Court Chief Justice Renato Corona 66 Archives and Commentaries 70 Corona Impeachment Trial 70 Download Reading materials : Corona Impeachment trial 74 Blog Watch Posts #CJTrialWatch: List of at least 93 witnesses and documentary evidence to be presented by the Prosecution Blog Watch Posts #CJTrialWatch: List of at least 93 witnesses and documentary evidence to be presented by the Prosecution Lead prosecutor Rep. -
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. -
Being Lgbt in Asia: the Philippines Country Report
BEING LGBT IN ASIA: THE PHILIPPINES COUNTRY REPORT A Participatory Review and Analysis of the Legal and Social Environment for Lesbian, Gay, Bisexual and Transgender (LGBT) Individuals and Civil Society Proposed citation: UNDP, USAID (2014). Being LGBT in Asia: The Philippines Country Report. Bangkok. This report was technically reviewed by UNDP and USAID as part of the ‘Being LGBT in Asia’ initiative. It is based on the observations of the author(s) of the Philippine National LGBT Community Dialogue held in Manila in June 2013, conversations with participants and a desk review of published literature. The views and opinions in this report do not necessarily reflect official policy positions of the United Nations Development Programme or the United States Agency for International Development. UNDP partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves the quality of life for everyone. On the ground in more than 170 countries and territories, we offer global perspective and local insight to help empower lives and build resilient nations. Copyright © UNDP 2014 United Nations Development Programme UNDP Asia-Pacific Regional Centre United Nations Service Building, 3rd Floor Rajdamnern Nok Avenue, Bangkok 10200, Thailand Email: [email protected] Tel: +66 (0)2 304-9100 Fax: +66 (0)2 280-2700 Web: http://asia-pacific.undp.org/ Design: Safir Soeparna/Ian Mungall/UNDP. BEING LGBT IN ASIA: THE PHILIPPINES COUNTRY REPORT A Participatory Review and Analysis