A WOMEN'S rights group on Monday asked the Supreme Court (SC) to slap administrative sanctions on a lawyer running for a congressional post over remarks he made about single mothers during a campaign stop.
Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts
Monday, April 7, 2025
Monday, August 5, 2024
Padilla asks SC to resolve Cha-cha vote debate
SENATOR ROBINHOOD Padilla on Monday asked the Supreme Court (SC) to determine whether the Senate and the House of Representatives should vote jointly or separately in discussing amendments to the Charter.
Thursday, April 4, 2024
SC affirms Trillanes' amnesty, voids Duterte revocation order
THE SUPREME Court has affirmed the amnesty granted by the government to former senator Antonio F. Trillanes IV, and ruled that its revocation through Proclamation No. 527 by former President Rodrigo Duterterte “unconstitutional.”
Tuesday, February 6, 2024
SC dismisses 3 CA workers for drug use
THE SUPREME Court on Monday said it has dismissed from the service three employees of the Court of Appeals (CA) who were twice tested positive for drug use.
Wednesday, January 17, 2024
SolGen asks SC to affirm PUV modernization program
GOVERNMENT LAWYERS have asked the Supreme Court (SC) to deny for lack of merit the suit filed by transport group Pagkakaisa ng mga Samahan ng Tsuper at Opereytor Nationwide (Piston) and other groups challenging the government’s Public Utility Vehicle Modernization Program (PUVMP).
Friday, March 17, 2023
SC rules senior citizen discount extends to internment services
THE SUPREME Court (SC) on Thursday said that internment services for senior citizens are covered by the 20-percent discount provided by Republic Act 7432, or the Senior Citizens Act, as amended.
Friday, September 30, 2022
SC tackling possible actions vs. Badoy
THE SUPREME Court says it is deliberating possible actions against former anti-insurgency task force spokesperson Lorraine Badoy, after she made statements containing threats against Manila Regional Trial Court Judge Marlo Malagar.
Wednesday, August 24, 2022
SC affirms reinstatement of 5 Meralco subsidiary workers
THE SUPREME Court (SC) has turned down a petition filed by a wholly-owned subsidiary of the Manila Electric Company (Meralco) in a labor case filed by five of its workers who claimed to have been illegally dismissed in 2014.
Saturday, August 20, 2022
Grave coercion charges vs. mayor junked
LANAO DEL NORTE - The Supreme Court (SC) has acquitted Kauswagan Mayor Rommel Arnado from three counts of grave coercion filed against him in 2013 by the Simbuat family.
Friday, August 12, 2022
SC clears former Cavite judge in admin raps
THE SUPREME Court (CA) has cleared a former judge named in an administrative complaint filed by his own staff, who countered his investigation into alleged anomalies in his court.
Friday, May 6, 2022
Regionalized roll signing for new lawyers set
SUCCESSFUL BAR examinees may sign the roll of attorneys regionally instead of just in the Supreme Court (SC) premises in Manila, the Tribunal said, adding a full-fledged lawyer is required to sign the roll of attorneys after passing the bar and taking the oath.
Saturday, April 2, 2022
BBM fails to pay P203-B in taxes!
‘Marcos spokesman says issue just politics’
PRESIDENTIAL CANDIDATE Bongbong Marcos has ignored government demands to pay some P203 billion in outstanding estate taxes despite many attempts by the Bureau of Internal Revenue to collect from the son of former Dictator Ferdinand Marcos and their estate administrators.
Sunday, February 13, 2022
Mayor thanked SC for historic Bar Exams
AFTER THE successful conduct of the first-ever Bar Examinations in Zamboanga, Mayor Beng Climaco thanked the Supreme Court for choosing the City as one of the venues of the two-day examinations for over 200 aspiring lawyers.
Sunday, September 19, 2021
SC picks Zambo as Bar Exam venue
THE LOCAL government thanked the Supreme Court for choosing Zamboanga City as one of the venues for the Bar Examinations set in November this year.
Saturday, May 9, 2020
No need for Duterte to bare health records
FILIPINOS WHO wanted President Rodrigo Duterte to
make public his health records will have to abide by the Supreme Court decision
junking a petition filed in April by a lawyer seeking the release of medical
records and health bulletins of the 75-year old former Davao City mayor.
Thursday, May 9, 2019
Zambo judge shot dead
PAGADIAN CITY – A judge was killed on Thursday afternoon in the southern Filipino province of Zamboanga del Norte, the Supreme Court said.
It said Judge Reymar L. Lacaya was shot in the coastal town of Liloy. Lacaya was the assigned at Regional Trial Court Branch (RTC) 11 in Sindangan town, about 57 kilometers from where he was shot.
Police confirmed the killing and said Lacaya was shot at a parking lot outisde the courthouse around 3 p.m. "An initial investigation disclosed that the victim was shot by an unidentified suspect at the RTC parking area in Liloy. Personnel of the Liloy municipal police station responded in the incident and conducted hot pursuit operation," Major Helen Galvez, a regional police spokesperson, told The Zamboanga Post, quoting a sketchy report.
No individual or group has claimed responsibility for the murder.
In a tweet, the Supreme Court Public Information Office said: “Chief Justice Bersamin and the entire Judiciary condemn in the strongest possible terms the killing of Sindangan, Zamboanga del Norte RTC Branch 11 Judge Reymar L. Lacaya; urge authorities to exert their best efforts for the immediate apprehension of those responsible for Judge Lacaya’s death.”
No other details were released by the Supreme Court. (The Zamboanga Post)
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It said Judge Reymar L. Lacaya was shot in the coastal town of Liloy. Lacaya was the assigned at Regional Trial Court Branch (RTC) 11 in Sindangan town, about 57 kilometers from where he was shot.
Police confirmed the killing and said Lacaya was shot at a parking lot outisde the courthouse around 3 p.m. "An initial investigation disclosed that the victim was shot by an unidentified suspect at the RTC parking area in Liloy. Personnel of the Liloy municipal police station responded in the incident and conducted hot pursuit operation," Major Helen Galvez, a regional police spokesperson, told The Zamboanga Post, quoting a sketchy report.
No individual or group has claimed responsibility for the murder.
In a tweet, the Supreme Court Public Information Office said: “Chief Justice Bersamin and the entire Judiciary condemn in the strongest possible terms the killing of Sindangan, Zamboanga del Norte RTC Branch 11 Judge Reymar L. Lacaya; urge authorities to exert their best efforts for the immediate apprehension of those responsible for Judge Lacaya’s death.”
No other details were released by the Supreme Court. (The Zamboanga Post)
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Monday, January 21, 2019
Bangsamoro plebiscite 'peaceful' despite grenade attacks, harassment of voters
COTABATO CITY – Grenade attacks, harassment and intimidation marred Monday Bangsamoro plebiscite in the Muslim autonomous region in southern Philippines.
A grenade exploded outside the house of a judge in Cotabato City in Maguindanao province, and another was lobbed, but did not go off on the roof.
Reports said the judge was allegedly a known critic of the Bangsamoro Organic Law or BOL, but police said the attack which occurred ahead of the referendum may also be connected to his work.
And a third grenade in front of a polling precinct was also detonated by soldiers in Cotabato, whose mayor, Cynthia Sayadi, led residents in opposing the city’s inclusion to the proposed Bangsamoro region which would be run by the rebel group Moro Islamic Liberation Front or MILF if the new organic law is ratified.
No individual or group claimed responsibility for the attacks, but authorities are holding a member of the MILF Mohalidin Usman after he was linked to the deadly New Year’s Eve bombing outside the South Seas Mall in Cotabato.
He was arrested inside the compound Autonomous Region in Muslim Mindanao during President Rodrigo Duterte’s visit in Cotabato City on January 18. The 25-year old man, according to authorities, is a member of the pro-ISIS group Bangsamoro Islamic Freedom Fighters, which broke away with the MILF. Usman’s family denied all the accusations against the suspected bomber.
Several men, believed to be illegal or so-called “flying” voters, were also mauled outside a polling area in Cotabato after being caught by vigilant residents trying to cast their votes. At least 5 dozen teachers also did not report for election duty after receiving cell phone messages threatening them with harm should they go to work.
Murad Ebrahim, the MILF chieftain, cast his vote at the Simuay Junction Central Elementary School in Darapanan in Maguindanao’s Sultan Kudarat town, a stronghold of the rebel group. Supporters took turns in shaking his hands as they greeted him, who arrived with a group of bodyguards.
The 71-year old rebel leader said it was his first time to vote and that he was happy and enthusiastic. “As a revolutionary, we are prepared for whatever scenario, as long as the democratic processes is conducted in good manner, without intimidation, without cheating, we are determine to accept whatever is the result (of the plebiscite).”
“Now if when and if BOL will not be ratified, then we will continue to struggle until the (peace) agreement is implemented. It is the duty of the government to implement the agreement. We are only a partner, but the main responsibility is with the government, they have to implement the agreement,” Ebrahim said.
Cotabato City, along with Isabela City in Basilan province; and Sulu and North Cotabato provinces strongly opposed to be part of the new Bangsamoro region.
In Isabela City, a pregnant woman sought police help after a man grabbed her ballot and tore it to pieces inside a polling precinct. She said the man was angered by her rejection of the BOL. The still unidentified man escaped after the incident.
Referendum in Sulu’s 19 municipalities were peaceful, according to authorities, saying, there were no untoward incidents.
Sulu Governor Toto filed a petition with the Supreme Court questioning the legality and constitutionality of the organic law. And the Philippine Constitution Association or PHILCONSA filed also filed a separate petition with the Supreme Court to declare the organic law as unconstitutional, null and void.
Both petitions questioned the creation of a Bangsamoro Autonomous Region or BAR to replace the current Autonomous Region in Muslim Mindanao which is composed of Basilan, Sulu, Tawi-Tawi, Lanao del Sur and Maguindanao.
Constitutional framers argued the 1987 Constitution only recognizes one autonomous region in Muslim Mindanao. The creation of a Bangsamoro political entity is contrary to the Constitution which created only provinces, cities, municipalities and barangays, and autonomous regions in Muslim Mindanao and the Cordilleras, according to PHILCONSA.
“When R.A. 11054 abolished the ARMM and created the BARMM, a new and distinct territorial and political subdivision in lieu thereof, without first amending the Constitution, respondent’s legislative and executive departments violated and/or amended Sec. 1, Art. X of the Constitution, without jurisdiction or authority, with grave abuse of discretion tantamount to lack of and/or in excess of jurisdictions.”
“The legislative and the executive departments, creations of the Constitution, must observe and stand beside the Constitution and not act above, defy or supplant it,” PHILCONSA said.
Rey Sumalipao, election regional director, said the conduct of the plebiscite is peaceful. “The plebiscite is peaceful, it is really peaceful,” he said.
Salvador Panelo, the Presidential spokesman, said Duterte would respect whatever the result of the plebiscite will be. “The President would respect whatever decision the public makes during the plebiscite and comply with the sovereign voice of the people in Mindanao.”
“We are hopeful that the BOL, which would pave the way for a Bangsamoro Autonomous Region in Muslim Mindanao, would be ratified. The President has already urged the voters to vote yes for peace and development in Mindanao,” he said.
The Commission on Elections said the total number of registered voters in the ARMM plebiscite is 1,980,441 and 71,124 in Isabela City, and 113,751 in Cotabato City. Another referendum is set on February 6 for Lanao del Sur with 352,494 registered voters and North Cotabato with 286,867 voters.
Plebiscite updates were not available on the website of the poll body. The website https://www.comelec.gov.ph/ cannot be accessed as of press time. It was unclear if it was hacked or not, but it showed a notice, saying, “Web server is down.”
The plebiscite is a result of the March 2014 interim peace deal between the MILF and Manila. The rebel group vowed to surrender a third of its huge weapons stockpiles if the organic law is ratified.
Rebel forces have tripled if not doubled due to its massive recruitment in the South taking advantage of the peace talks with the Filipino government at the time of then President Benigno Aquino and now President Rodrigo Duterte.
It now boasts of heavy armaments, including anti-aircraft machine guns, B40 anti-tank rockets, mortars and assorted high-powered rifles, and an army of civilian supporters, many of them counting on the prospects of better life with the new Bangsamoro region under the MILF rule.
For his part, Ebrahim said the decommissioning of weapons is part of the accord and vowed to implement it. “The decommissioning process is part of the agreement and as part of agreement, we are bound to implement our side. And we assure the people and the government that once the process will be implemented as a condition for the decommissioning then we will immediately undergo decommissioning (process). Our fighters are already well aware of this and they have expressed their full support for the decommissioning process,” he said.
Ebrahim’s group originally was part of the Moro National Liberation Front under Nur Misuari, but broke away in the late 1970s, and fought the democratic government for the establishment of a separate Muslim homeland.
Misuari eventually signed a peace agreement with Manila in September 1996 and after the accord agreement was signed, he became the governor of the Muslim autonomous region. But despite the peace accord, there was a widespread disillusionment with the weak autonomy they were granted.
Under the peace agreement, Manila would have to provide a mini-Marshal Plan to spur economic development in Muslim areas in the south and livelihood and housing assistance to tens of thousands of former rebels to uplift their poor living standards.
In 2001, Misuari’s loyal forces and former rebels who joined the Philippine Army following the September 1996 peace accord, attacked a key military base in Jolo town and civilian targets in Zamboanga City in an effort to stop the government from calling an election in the ARMM.
Misuari then escaped by boat to Malaysia, where he had been arrested and deported to the Philippines and was eventually pardoned and released by then President Gloria Arroyo in exchange for MNLF support to her election bid as well as her allies in the Senate and Congress in 2004. He also ran thrice for governor in Sulu even while under detention, but lost miserably.
Now, when Duterte became president, he ordered police and military not to arrest Misuari – his friend and political ally – saying he would talk peace with the MNLF, and even invited the former Libyan firebrand in the Presidential Palace to talk about peace. (Mindanao Examiner)
A grenade exploded outside the house of a judge in Cotabato City in Maguindanao province, and another was lobbed, but did not go off on the roof.
Reports said the judge was allegedly a known critic of the Bangsamoro Organic Law or BOL, but police said the attack which occurred ahead of the referendum may also be connected to his work.
And a third grenade in front of a polling precinct was also detonated by soldiers in Cotabato, whose mayor, Cynthia Sayadi, led residents in opposing the city’s inclusion to the proposed Bangsamoro region which would be run by the rebel group Moro Islamic Liberation Front or MILF if the new organic law is ratified.
No individual or group claimed responsibility for the attacks, but authorities are holding a member of the MILF Mohalidin Usman after he was linked to the deadly New Year’s Eve bombing outside the South Seas Mall in Cotabato.
He was arrested inside the compound Autonomous Region in Muslim Mindanao during President Rodrigo Duterte’s visit in Cotabato City on January 18. The 25-year old man, according to authorities, is a member of the pro-ISIS group Bangsamoro Islamic Freedom Fighters, which broke away with the MILF. Usman’s family denied all the accusations against the suspected bomber.
Several men, believed to be illegal or so-called “flying” voters, were also mauled outside a polling area in Cotabato after being caught by vigilant residents trying to cast their votes. At least 5 dozen teachers also did not report for election duty after receiving cell phone messages threatening them with harm should they go to work.
Murad Ebrahim
The 71-year old rebel leader said it was his first time to vote and that he was happy and enthusiastic. “As a revolutionary, we are prepared for whatever scenario, as long as the democratic processes is conducted in good manner, without intimidation, without cheating, we are determine to accept whatever is the result (of the plebiscite).”
“Now if when and if BOL will not be ratified, then we will continue to struggle until the (peace) agreement is implemented. It is the duty of the government to implement the agreement. We are only a partner, but the main responsibility is with the government, they have to implement the agreement,” Ebrahim said.
NO TO BOL
In Isabela City, a pregnant woman sought police help after a man grabbed her ballot and tore it to pieces inside a polling precinct. She said the man was angered by her rejection of the BOL. The still unidentified man escaped after the incident.
Referendum in Sulu’s 19 municipalities were peaceful, according to authorities, saying, there were no untoward incidents.
Sulu Governor Toto filed a petition with the Supreme Court questioning the legality and constitutionality of the organic law. And the Philippine Constitution Association or PHILCONSA filed also filed a separate petition with the Supreme Court to declare the organic law as unconstitutional, null and void.
Both petitions questioned the creation of a Bangsamoro Autonomous Region or BAR to replace the current Autonomous Region in Muslim Mindanao which is composed of Basilan, Sulu, Tawi-Tawi, Lanao del Sur and Maguindanao.
Constitutional framers argued the 1987 Constitution only recognizes one autonomous region in Muslim Mindanao. The creation of a Bangsamoro political entity is contrary to the Constitution which created only provinces, cities, municipalities and barangays, and autonomous regions in Muslim Mindanao and the Cordilleras, according to PHILCONSA.
“When R.A. 11054 abolished the ARMM and created the BARMM, a new and distinct territorial and political subdivision in lieu thereof, without first amending the Constitution, respondent’s legislative and executive departments violated and/or amended Sec. 1, Art. X of the Constitution, without jurisdiction or authority, with grave abuse of discretion tantamount to lack of and/or in excess of jurisdictions.”
“The legislative and the executive departments, creations of the Constitution, must observe and stand beside the Constitution and not act above, defy or supplant it,” PHILCONSA said.
Peaceful, Respect Outcome
Salvador Panelo, the Presidential spokesman, said Duterte would respect whatever the result of the plebiscite will be. “The President would respect whatever decision the public makes during the plebiscite and comply with the sovereign voice of the people in Mindanao.”
“We are hopeful that the BOL, which would pave the way for a Bangsamoro Autonomous Region in Muslim Mindanao, would be ratified. The President has already urged the voters to vote yes for peace and development in Mindanao,” he said.
The Commission on Elections said the total number of registered voters in the ARMM plebiscite is 1,980,441 and 71,124 in Isabela City, and 113,751 in Cotabato City. Another referendum is set on February 6 for Lanao del Sur with 352,494 registered voters and North Cotabato with 286,867 voters.
Plebiscite updates were not available on the website of the poll body. The website https://www.comelec.gov.ph/ cannot be accessed as of press time. It was unclear if it was hacked or not, but it showed a notice, saying, “Web server is down.”
MILF
Rebel forces have tripled if not doubled due to its massive recruitment in the South taking advantage of the peace talks with the Filipino government at the time of then President Benigno Aquino and now President Rodrigo Duterte.
It now boasts of heavy armaments, including anti-aircraft machine guns, B40 anti-tank rockets, mortars and assorted high-powered rifles, and an army of civilian supporters, many of them counting on the prospects of better life with the new Bangsamoro region under the MILF rule.
For his part, Ebrahim said the decommissioning of weapons is part of the accord and vowed to implement it. “The decommissioning process is part of the agreement and as part of agreement, we are bound to implement our side. And we assure the people and the government that once the process will be implemented as a condition for the decommissioning then we will immediately undergo decommissioning (process). Our fighters are already well aware of this and they have expressed their full support for the decommissioning process,” he said.
MNLF
Misuari eventually signed a peace agreement with Manila in September 1996 and after the accord agreement was signed, he became the governor of the Muslim autonomous region. But despite the peace accord, there was a widespread disillusionment with the weak autonomy they were granted.
Under the peace agreement, Manila would have to provide a mini-Marshal Plan to spur economic development in Muslim areas in the south and livelihood and housing assistance to tens of thousands of former rebels to uplift their poor living standards.
In 2001, Misuari’s loyal forces and former rebels who joined the Philippine Army following the September 1996 peace accord, attacked a key military base in Jolo town and civilian targets in Zamboanga City in an effort to stop the government from calling an election in the ARMM.
Misuari then escaped by boat to Malaysia, where he had been arrested and deported to the Philippines and was eventually pardoned and released by then President Gloria Arroyo in exchange for MNLF support to her election bid as well as her allies in the Senate and Congress in 2004. He also ran thrice for governor in Sulu even while under detention, but lost miserably.
Now, when Duterte became president, he ordered police and military not to arrest Misuari – his friend and political ally – saying he would talk peace with the MNLF, and even invited the former Libyan firebrand in the Presidential Palace to talk about peace. (Mindanao Examiner)
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Saturday, January 19, 2019
Anti-BOL, Pro-MILF to vote in Bangsamoro plebiscite
COTABATO CITY – With the Bangsamoro plebiscite set on Monday, Muslims in Sulu province and Isabela City in Basilan, and Cotabato City in Maguindanao, vowed to reject the organic law which the rebel group Moro Islamic Liberation Front or MILF is strongly pushing.
The MILF, which signed an interim peace deal with Manila in 2014, is expected to rule the new Bangsamoro Autonomous Region should Muslims voted in favor of the Bangsamoro Organic Law or BOL (Republic Act 11054) which shall replace the current Autonomous Region in Muslim Mindanao or ARMM.
Anti-BOL advocates in Isabela City in Basilan province. (Photos courtesy of Akbar Mutamad Jann)
ARMM is composed of Basilan, Sulu, Tawi-Tawi, Maguindanao and Lanao del Sur provinces. A second referendum has been set on February 6 with several towns in North Cotabato with some 286,867 voters and 352,494 voters in Lanao del Norte, are included in the proposed Bangsamoro region. For January 21 plebiscite , the total voters in ARMM is 1,980,441 and 71,124 in Isabela City and 113,751 in Cotabato City, according to the Commission on Elections.
Majority of Sulu’s over 830,000 Tausug population led by their political leaders Governor Toto Tan and his father, Dr. Sakur Tan wanted out of the autonomous region and wanted to be part again of Zamboanga Peninsula or Region 9.
Sulu along with Basilan and Tawi-Tawi were all originally part of Region 9 following the signing of the 1986 peace agreement between the Moro National Liberation Front under Nur Misuari and the Ramos administration. After the accord, a referendum was held following the 1989 signing by President Corazon Aquino of the Republic Act 6734, and amended in 2001 which paved the way for another plebiscite which included Basilan and Marawi City.
Misuari is also opposed to the BOL and the government’s peace talks with the MILF even in the beginning because he wanted to perpetually be the governor of the ARMM.
After the peace agreement was signed, Misuari became the governor of the Muslim autonomous region. But despite the peace accord, there was a widespread disillusionment with the weak autonomy they were granted.
Under the peace deal, Manila would have to provide a mini-Marshal Plan to spur economic development in Muslim areas in the south and livelihood and housing assistance to tens of thousands of former rebels to uplift their poor living standards.
In 2001, Misuari’s loyal forces and former rebels who joined the Philippine Army following the September 1996 peace accord, attacked a key military base in Jolo town and civilian targets in Zamboanga City in an effort to stop the government from calling an election in the ARMM.
Misuari then escaped by boat to Malaysia, where he had been arrested and deported to the Philippines and was eventually pardoned and released by then President Gloria Arroyo in exchange for MNLF support to her election bid as well as her allies in the Senate and Congress in 2004. He also ran thrice for governor in Sulu even while under detention, but lost miserably.
Now, when Duterte became president, he ordered police and military not to arrest Misuari - his political ally – saying he would talk peace with the MNLF, and even invited the former Libyan firebrand in the Presidential Palace to talk on the podium about peace.
Last year, the governor of Sulu filed a petition with the Supreme Court questioning the legality and constitutionality of the BOL. The Philippine Constitution Association has also asked the High Court to reject the BOL, saying the law violates the 1987 Constitution that mandated only one organic act for Muslim Mindanao.
An oral argument on the controversial law has been scheduled next month, according to reports. The Tan patriarch has urged President Rodrigo Duterte to make good on his threat to establish a “revolutionary government,” so he could quickly reconfigure the country’s regions and shift to a federal form of government.
“Only through federalism you can configure the territories that will constitute the federal states and not cluster only the laggards together like the five provinces in the ARMM. Now they say that (BOL) it is also federalism na i-isang region ang gagawin sa BOL, but it is not, it is an isolation, because it will only be constituted by five provinces that are laggards, so it is only through federalism that you can mix the laggards with the affluent, otherwise, these laggards will never progress.”
“Kaya para mas mapadali ang federalism, dapat mag-declare na tayo ng revolutionary government to make things easier. So anong nangyari, sandali lang ay nagawa na yun Constitution natin. So the President can now appoint members of the commission that will draft the new Constitution and then come up with the new government and then come up with the form of government that we will have. Instead of a unitary form of government then we can have a parliamentary-federal system of government,” the elder Tan said, adding, “It is far better than creating a monster like the BOL.”
Duterte has repeatedly vowed to push for a change in form of government – from presidential system to federal – and even threatened to make Mindanao a federal region if lawmakers fail to amend the Constitution to pave the way for new federal government.
He said the current unitary system has spelled so much trouble. When he was mayor in Davao City in southern Philippines, Duterte had been strongly campaigning for the establishment of a federal form of government and in many of his public appearances and speeches the President said federalism is the next best thing for the country.
Duterte also vowed to step down – even before his term ends on 2022 – as soon as the new federal government is fully functional. “Do not be afraid of a dictatorship because I will not be the one,” Duterte said.
He also cited the precedent set by Corazon Aquino, who established a revolutionary government soon after leading an uprising in 1986 that ended the Marcos dictatorship. Aquino sacked all elected officials, abolished Congress and tore up the 1973 Constitution in favor of a provisional charter. She handpicked a commission to write a new Constitution, which was ratified by plebiscite in 1987.
But Duterte’s rhetoric statement is also a double-edged sword. While he campaigns hard for the establishment of a federal government, Duterte is also urging Muslims to ratify the BOL. And the MILF insists that BOL should come first before any change in the form of government even while its leaders headed by Murad Ebrahim and their army of mujahedeen do not recognize the Philippine Constitution and had no experience in public governance.
During his visit to Cotabato City on January 18, Duterte told thousands of pro-MILF supporters: “Your approval of this law will not only serve as an expression of your desire to end more than half a century of armed struggle in the region. It will also serve testament of your determination to bring genuine peace and development in Muslim Mindanao to an autonomous government that truly represents and understands the needs of the people. Mga mahal kong Moro brothers and sisters, Magboto kayo ng Yes.”
ARMM Governor Mujiv Hataman, a strong advocate of BOL, also urged his constituents to support the BOL and participate in the plebiscite because it is the answer to the aspirations of the Bangsamoro.
“Ang yes (vote) sa BOL ay yes sa ating mga pangarap. Kung may BOL, mas malaya ang pamahalaang Bangsamoro na magdesisyon para sa sarili. Bukod pa rito, ang BOL ang pinaka-sagisag ng tagumpay ng prosesong pangkapayapaan. Kung mara-ratify ito, magiging malinaw ang mensahe sa lahat, tapos na ang gulo. Kung may BOL, mas malaya ang pamahalaang Bangsamoro na mag-desisyon para sa sarili. Mababawasan na ang paulit-ulit at mahabang pasahan ng pakiusap at pagmamakaawa sa pagitan natin at ng Maynila. Mas mapapabilis ang pagbaba ng serbisyo ng gobyerno,” he said.
“Ang BOL ang pinaka-sagisag ng tagumpay ng prosesong pangkapayapaan. Kung mararatify ito, magiging malinaw ang mensahe sa lahat - tapos na ang gulo. Bagama’t kailangan pa rin bantayan at kailangan pa ring ingatan, masasabi nating narito na ang kapayapaan,” he added.
In Cotabato, Mayor Cynthia Sayadi, who is fighting the city’s inclusion to the proposed Bangsamoro region, said she received many reports that pro-BOL campaigners were harassing residents into voting for the ratification of the organic law.
“I received harassment complaints from my people by Bangsamoro plebiscite campaigners. Number one is the abuses, abuses from the people who wanted the BOL to win in the city…all of those who are supporting the inclusion of (Cotabato to Bangsamoro autonomous region), the Bangsamoro Organic Law,” the mayor said.
“The city will reject BOL and that is based on the consultations with the people, consultations with the different sectors and not just my voice, it is the voice of everyone that I consulted,” she added.
Cotabato is where the seat of the ARMM government is located even though the city is not part of the Muslim autonomous region. And there were reports that Ebrahim and other rebel leaders - who took advantage of the peace process - have allegedly invested heavily in various businesses in Cotabato and that is why they wanted the city to be part of the expanded autonomous region.
The same sentiments are also felt among residents in Isabela where Vice Mayor Cherryln Akbar is also leading in the campaign against the city’s inclusion to the Bangsamoro autonomous region. She said the BOL will only benefit the MILF and its interest in the region.
“Look at actor Robin Padilla who came here to campaign for the BOL. Why, is Robin Padilla from Isabela City, does he know the predicaments of the people here?” she said during a speech at a huge rally January 18 attended by thousands of people.
She also took a swipe on lawmakers who approved the BOL and now insisting us to be a part of the new autonomous region. “If our children are sick, if we do not have rice on the table, did any of them congressman come here to help us?” the mayor added.
All the ARMM governors, except Tan, are all campaigning for BOL – Esmael Mangudadatu of Maguindanao; Jim Saliman of Basilan; Soraya Adiong of Lanao del Sur; Rashidin Matba of Tawi-Tawi and the four politicians were all strong supporters of President Benigno Aquino and defeated presidential candidate Mar Roxas. (Mindanao Examiner)
The MILF, which signed an interim peace deal with Manila in 2014, is expected to rule the new Bangsamoro Autonomous Region should Muslims voted in favor of the Bangsamoro Organic Law or BOL (Republic Act 11054) which shall replace the current Autonomous Region in Muslim Mindanao or ARMM.
Anti-BOL advocates in Isabela City in Basilan province. (Photos courtesy of Akbar Mutamad Jann)ARMM is composed of Basilan, Sulu, Tawi-Tawi, Maguindanao and Lanao del Sur provinces. A second referendum has been set on February 6 with several towns in North Cotabato with some 286,867 voters and 352,494 voters in Lanao del Norte, are included in the proposed Bangsamoro region. For January 21 plebiscite , the total voters in ARMM is 1,980,441 and 71,124 in Isabela City and 113,751 in Cotabato City, according to the Commission on Elections.
Majority of Sulu’s over 830,000 Tausug population led by their political leaders Governor Toto Tan and his father, Dr. Sakur Tan wanted out of the autonomous region and wanted to be part again of Zamboanga Peninsula or Region 9.
Sulu along with Basilan and Tawi-Tawi were all originally part of Region 9 following the signing of the 1986 peace agreement between the Moro National Liberation Front under Nur Misuari and the Ramos administration. After the accord, a referendum was held following the 1989 signing by President Corazon Aquino of the Republic Act 6734, and amended in 2001 which paved the way for another plebiscite which included Basilan and Marawi City.
Nur Misuari and MNLF
After the peace agreement was signed, Misuari became the governor of the Muslim autonomous region. But despite the peace accord, there was a widespread disillusionment with the weak autonomy they were granted.
Under the peace deal, Manila would have to provide a mini-Marshal Plan to spur economic development in Muslim areas in the south and livelihood and housing assistance to tens of thousands of former rebels to uplift their poor living standards.
In 2001, Misuari’s loyal forces and former rebels who joined the Philippine Army following the September 1996 peace accord, attacked a key military base in Jolo town and civilian targets in Zamboanga City in an effort to stop the government from calling an election in the ARMM.
Misuari then escaped by boat to Malaysia, where he had been arrested and deported to the Philippines and was eventually pardoned and released by then President Gloria Arroyo in exchange for MNLF support to her election bid as well as her allies in the Senate and Congress in 2004. He also ran thrice for governor in Sulu even while under detention, but lost miserably.
Now, when Duterte became president, he ordered police and military not to arrest Misuari - his political ally – saying he would talk peace with the MNLF, and even invited the former Libyan firebrand in the Presidential Palace to talk on the podium about peace.
Revolutionary Government
An oral argument on the controversial law has been scheduled next month, according to reports. The Tan patriarch has urged President Rodrigo Duterte to make good on his threat to establish a “revolutionary government,” so he could quickly reconfigure the country’s regions and shift to a federal form of government.
“Only through federalism you can configure the territories that will constitute the federal states and not cluster only the laggards together like the five provinces in the ARMM. Now they say that (BOL) it is also federalism na i-isang region ang gagawin sa BOL, but it is not, it is an isolation, because it will only be constituted by five provinces that are laggards, so it is only through federalism that you can mix the laggards with the affluent, otherwise, these laggards will never progress.”
“Kaya para mas mapadali ang federalism, dapat mag-declare na tayo ng revolutionary government to make things easier. So anong nangyari, sandali lang ay nagawa na yun Constitution natin. So the President can now appoint members of the commission that will draft the new Constitution and then come up with the new government and then come up with the form of government that we will have. Instead of a unitary form of government then we can have a parliamentary-federal system of government,” the elder Tan said, adding, “It is far better than creating a monster like the BOL.”
Federal Government
He said the current unitary system has spelled so much trouble. When he was mayor in Davao City in southern Philippines, Duterte had been strongly campaigning for the establishment of a federal form of government and in many of his public appearances and speeches the President said federalism is the next best thing for the country.
Duterte also vowed to step down – even before his term ends on 2022 – as soon as the new federal government is fully functional. “Do not be afraid of a dictatorship because I will not be the one,” Duterte said.
He also cited the precedent set by Corazon Aquino, who established a revolutionary government soon after leading an uprising in 1986 that ended the Marcos dictatorship. Aquino sacked all elected officials, abolished Congress and tore up the 1973 Constitution in favor of a provisional charter. She handpicked a commission to write a new Constitution, which was ratified by plebiscite in 1987.
Double-edged Sword
During his visit to Cotabato City on January 18, Duterte told thousands of pro-MILF supporters: “Your approval of this law will not only serve as an expression of your desire to end more than half a century of armed struggle in the region. It will also serve testament of your determination to bring genuine peace and development in Muslim Mindanao to an autonomous government that truly represents and understands the needs of the people. Mga mahal kong Moro brothers and sisters, Magboto kayo ng Yes.”
ARMM
“Ang yes (vote) sa BOL ay yes sa ating mga pangarap. Kung may BOL, mas malaya ang pamahalaang Bangsamoro na magdesisyon para sa sarili. Bukod pa rito, ang BOL ang pinaka-sagisag ng tagumpay ng prosesong pangkapayapaan. Kung mara-ratify ito, magiging malinaw ang mensahe sa lahat, tapos na ang gulo. Kung may BOL, mas malaya ang pamahalaang Bangsamoro na mag-desisyon para sa sarili. Mababawasan na ang paulit-ulit at mahabang pasahan ng pakiusap at pagmamakaawa sa pagitan natin at ng Maynila. Mas mapapabilis ang pagbaba ng serbisyo ng gobyerno,” he said.
“Ang BOL ang pinaka-sagisag ng tagumpay ng prosesong pangkapayapaan. Kung mararatify ito, magiging malinaw ang mensahe sa lahat - tapos na ang gulo. Bagama’t kailangan pa rin bantayan at kailangan pa ring ingatan, masasabi nating narito na ang kapayapaan,” he added.
Cotabato City
“I received harassment complaints from my people by Bangsamoro plebiscite campaigners. Number one is the abuses, abuses from the people who wanted the BOL to win in the city…all of those who are supporting the inclusion of (Cotabato to Bangsamoro autonomous region), the Bangsamoro Organic Law,” the mayor said.
“The city will reject BOL and that is based on the consultations with the people, consultations with the different sectors and not just my voice, it is the voice of everyone that I consulted,” she added.
Cotabato is where the seat of the ARMM government is located even though the city is not part of the Muslim autonomous region. And there were reports that Ebrahim and other rebel leaders - who took advantage of the peace process - have allegedly invested heavily in various businesses in Cotabato and that is why they wanted the city to be part of the expanded autonomous region.
Isabela City
“Look at actor Robin Padilla who came here to campaign for the BOL. Why, is Robin Padilla from Isabela City, does he know the predicaments of the people here?” she said during a speech at a huge rally January 18 attended by thousands of people.
She also took a swipe on lawmakers who approved the BOL and now insisting us to be a part of the new autonomous region. “If our children are sick, if we do not have rice on the table, did any of them congressman come here to help us?” the mayor added.
All the ARMM governors, except Tan, are all campaigning for BOL – Esmael Mangudadatu of Maguindanao; Jim Saliman of Basilan; Soraya Adiong of Lanao del Sur; Rashidin Matba of Tawi-Tawi and the four politicians were all strong supporters of President Benigno Aquino and defeated presidential candidate Mar Roxas. (Mindanao Examiner)
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Tuesday, January 8, 2019
Declare ‘revolutionary government, Duterte ally urges President
SULU – An influential Muslim politician has urged President Rodrigo Duterte to establish a “revolutionary government” which the Filipino leader had previously threaten to declare if communist rebels and other opponents tried to destabilise his rule.
A strong ally of Duterte, Dr. Sakur Tan - a philanthropist who is running for governor in Sulu in the May midterm elections – called on the President to declare the revolutionary government and eventually establish a federal form of government.
Tan’s statement came ahead of the ratification of the controversial Bangsamoro Organic Law (BOL) on January 21 and February 6 in the Autonomous Region in Muslim Mindanao (ARMM). And if BOL is approved, it shall replace ARMM with the Bangsamoro Autonomous Region in Muslim Mindanao and ruled by the rebel group Moro Islamic Liberation Front which signed an interim peace deal with Manila in 2014.
Sulu Gov. Toto Tan filed a petition with the Supreme Court last year questioning the legality and constitutionality of the BOL. Constitutional framers also asked the High Court to reject the BOL, saying, the law violates the Charter.
“Only through federalism you can configure the territories that will constitute the federal states and not cluster only the laggards together like the five provinces in the ARMM. Now they say that (BOL) it is also federalism na i-isang region ang gagawin sa BOL, but it is not, it is an isolation, because it will only be constituted by five provinces that are laggards, so it is only through federalism that you can mix the laggards with the affluent, otherwise, these laggards will never progress.”
“Kaya para mas mapadali ang federalism, dapat mag-declare na tayo ng revolutionary government to make things easier. So anong nangyari, sandali lang ay nagawa na yun Constitution natin. So the President can now appoint members of the commission that will draft the new Constitution and then come up with the new government and then come up with the form of government that we will have. Instead of a unitary form of government then we can have a parliamentary-federal system of government,” Tan said, adding, “It is far better than creating a monster like the BOL.”
Duterte has repeatedly vowed to push for a change in form of government – from presidential system to federal – and even threatened to make Mindanao a federal region if lawmakers fail to amend the Constitution to pave the way for new federal government.
He said the current unitary system has spelled so much trouble. When he was mayor in Davao City in southern Philippines, Duterte had been strongly campaigning for the establishment of a federal form of government and in many of his public appearances and speeches the President said federalism is the next best thing for the country.
Duterte also vowed to step down – even before his term ends on 2022 – as soon as the new federal government is fully functional. “Do not be afraid of a dictatorship because I will not be the one,” Duterte said.
He also cited the precedent set by Corazon Aquino, who established a revolutionary government soon after leading an uprising in 1986 that ended the Marcos dictatorship. Aquino sacked all elected officials, abolished Congress and tore up the 1973 Constitution in favor of a provisional charter. She handpicked a commission to write a new Constitution, which was ratified by plebiscite in 1987.
Tan said majority of the municipal mayors in Sulu are also supporting the establishment of a federal government, including the 5 influential sultans - Sultans Ibrahim Bahjin, Muizuddin Jainal Bahjin, Muedzul-Lail Kiram, Mohammad Venizar Julkarnain Jainal Abirin and Phugdalun Kiram.
“More than half of the mayors or 15 out of the 19 municipalities overwhelmingly (approved this) and joined me in this clamor for federalism and if need be, call for (the establishment of) a revolutionary government. The legitimate Sultans of Sulu will also join us and I am very sure of that. As their Spokesman and Special Envoy, I speak for the Royal Council of the Sultanate of Sulu comprising the five Sultans of Sulu,” he said.
Tan said even before Duterte became president, he is already pushing for the establishment of a federal form of government and even went around the country campaigning for it. “Everybody knows about that. In fact I read a magazine shown to me by a professor of President Duterte, lawyer Sixto Brillantes, which quoted President Duterte that if he wins the presidency, he will declare a revolutionary government.”
“So President Duterte is just being true to his words and he means what he said. If you want a federal system, you must declare a revolutionary government now. Federal system through revolutionary government and if we have to declare it, the sooner the better,” Tan said.
He said the lawyers of the nongovernmental organization called Volunteers against Crime and Corruptionwhich is headed by Dante Jimenez will also file their petition (similar with Gov. Tan’s petition) in the Supreme Court and intervene.
Tan also took a swipe on the group of MILF chieftain Murad Ebrahim who went to Sulu recently to campaign for the ratification of the BOL. “For us, we held a series of fora where we tried to make the people participate and understand what BOL and federalism is all about. You do not just come and make people participate without making them understand. That is the problem of people who just come to our area and tell our people this is it and this is that, without making them understand. They think that people here are stupid, and they don’t know that our people also think they are stupid,” he said.
On Monday, some 10,000 Muslims here rallied behind the proposed establishment of a federal government. The Tans and members of the pro-Duterte group called Kilusang Pagbabago led by Ariel Urao, and municipal mayors also participated in the rally where speakers discussed about the proposed government.
Wedzmar Abdurajak, an executive assistant of presidential daughter and Davao Mayor Sara Duterte, was also here and spoke during the rally. He thanked the organizers and huge crowd for their support on the proposed federal government. (Mindanao Examiner)
A strong ally of Duterte, Dr. Sakur Tan - a philanthropist who is running for governor in Sulu in the May midterm elections – called on the President to declare the revolutionary government and eventually establish a federal form of government.
Tan’s statement came ahead of the ratification of the controversial Bangsamoro Organic Law (BOL) on January 21 and February 6 in the Autonomous Region in Muslim Mindanao (ARMM). And if BOL is approved, it shall replace ARMM with the Bangsamoro Autonomous Region in Muslim Mindanao and ruled by the rebel group Moro Islamic Liberation Front which signed an interim peace deal with Manila in 2014.
Sulu Gov. Toto Tan filed a petition with the Supreme Court last year questioning the legality and constitutionality of the BOL. Constitutional framers also asked the High Court to reject the BOL, saying, the law violates the Charter.
“Only through federalism you can configure the territories that will constitute the federal states and not cluster only the laggards together like the five provinces in the ARMM. Now they say that (BOL) it is also federalism na i-isang region ang gagawin sa BOL, but it is not, it is an isolation, because it will only be constituted by five provinces that are laggards, so it is only through federalism that you can mix the laggards with the affluent, otherwise, these laggards will never progress.”
“Kaya para mas mapadali ang federalism, dapat mag-declare na tayo ng revolutionary government to make things easier. So anong nangyari, sandali lang ay nagawa na yun Constitution natin. So the President can now appoint members of the commission that will draft the new Constitution and then come up with the new government and then come up with the form of government that we will have. Instead of a unitary form of government then we can have a parliamentary-federal system of government,” Tan said, adding, “It is far better than creating a monster like the BOL.”
Duterte has repeatedly vowed to push for a change in form of government – from presidential system to federal – and even threatened to make Mindanao a federal region if lawmakers fail to amend the Constitution to pave the way for new federal government.
He said the current unitary system has spelled so much trouble. When he was mayor in Davao City in southern Philippines, Duterte had been strongly campaigning for the establishment of a federal form of government and in many of his public appearances and speeches the President said federalism is the next best thing for the country.
Duterte also vowed to step down – even before his term ends on 2022 – as soon as the new federal government is fully functional. “Do not be afraid of a dictatorship because I will not be the one,” Duterte said.
He also cited the precedent set by Corazon Aquino, who established a revolutionary government soon after leading an uprising in 1986 that ended the Marcos dictatorship. Aquino sacked all elected officials, abolished Congress and tore up the 1973 Constitution in favor of a provisional charter. She handpicked a commission to write a new Constitution, which was ratified by plebiscite in 1987.
Tan said majority of the municipal mayors in Sulu are also supporting the establishment of a federal government, including the 5 influential sultans - Sultans Ibrahim Bahjin, Muizuddin Jainal Bahjin, Muedzul-Lail Kiram, Mohammad Venizar Julkarnain Jainal Abirin and Phugdalun Kiram.
“More than half of the mayors or 15 out of the 19 municipalities overwhelmingly (approved this) and joined me in this clamor for federalism and if need be, call for (the establishment of) a revolutionary government. The legitimate Sultans of Sulu will also join us and I am very sure of that. As their Spokesman and Special Envoy, I speak for the Royal Council of the Sultanate of Sulu comprising the five Sultans of Sulu,” he said.
Tan said even before Duterte became president, he is already pushing for the establishment of a federal form of government and even went around the country campaigning for it. “Everybody knows about that. In fact I read a magazine shown to me by a professor of President Duterte, lawyer Sixto Brillantes, which quoted President Duterte that if he wins the presidency, he will declare a revolutionary government.”
“So President Duterte is just being true to his words and he means what he said. If you want a federal system, you must declare a revolutionary government now. Federal system through revolutionary government and if we have to declare it, the sooner the better,” Tan said.
He said the lawyers of the nongovernmental organization called Volunteers against Crime and Corruptionwhich is headed by Dante Jimenez will also file their petition (similar with Gov. Tan’s petition) in the Supreme Court and intervene.
Tan also took a swipe on the group of MILF chieftain Murad Ebrahim who went to Sulu recently to campaign for the ratification of the BOL. “For us, we held a series of fora where we tried to make the people participate and understand what BOL and federalism is all about. You do not just come and make people participate without making them understand. That is the problem of people who just come to our area and tell our people this is it and this is that, without making them understand. They think that people here are stupid, and they don’t know that our people also think they are stupid,” he said.
On Monday, some 10,000 Muslims here rallied behind the proposed establishment of a federal government. The Tans and members of the pro-Duterte group called Kilusang Pagbabago led by Ariel Urao, and municipal mayors also participated in the rally where speakers discussed about the proposed government.
Wedzmar Abdurajak, an executive assistant of presidential daughter and Davao Mayor Sara Duterte, was also here and spoke during the rally. He thanked the organizers and huge crowd for their support on the proposed federal government. (Mindanao Examiner)
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Sunday, January 6, 2019
A year of twists and turns at the Supreme Court
FOR THE Supreme Court (SC), 2018 has been a roller coaster year as it saw a shake-up in its leadership, new faces and decisions that shaped the country's recent history and future. President Rodrigo Duterte appointed two top magistrates of the High Court following a tumultuous upheaval over its decision last June on questions clouding the leadership of Maria Lourdes Sereno.
Meeting the press for the first time last November, Chief Justice Lucas Bersamin, the SC's 25th top magistrate, vowed to do his best to institute long-standing reforms in the judiciary even as his term will last for only a year. He will reach the mandatory retirement age next year days apart on the same month as Senior Associate Justice Antonio Carpio.
Bersamin, in his public appearances, has echoed calls for dedication in public service by those in the judiciary and urged subordinates to forgo even checking their social media accounts during office hours which he insists are minutes in work which had been paid for by taxpayers.
Speaking at a recent event for children in conflict with the law, Bersamin consoled the minors who had run afoul with the law pointing out that rehabilitation and reform is a fresh chance and reminded them not to let it define the rest of their lives.
Bersamin is the most senior justice in the judiciary in terms of length of service, at the time of his appointment. He succeeded another veteran, Chief Justice Teresita Leonardo-de Castro, who served as chief magistrate for less than two months, implemented key programs and projects.
These include increasing the monthly salary of first-level court judges all over the country; increasing the cost of living allowance for justices, judges and court personnel for the month of August chargeable to the 80 percent judiciary development fund (JDF) as well as additional grant of rice subsidy allowance for the first and second quarters of this year. She also worked for the creation of technical working groups on planning, budgeting, data reconciliation and evidence management system.
De Castro was an associate justice at the high court for 10 years and eight months prior to her appointment as top magistrate. The appointment of Chief Justice de Castro brought to a somber conclusion one of the dramatic turn of events in the high court's history involving its Chief Justice.
What would have been an 18-year term from her appointment by President Benigno Aquino III abruptly ended for Sereno after the Court en banc on May 11, 2018, voted 8-6 , to grant a the petition for quo warranto filed by the Office of the Solicitor General (OSG) to declare her appointment as void from the beginning for her failure to comply with the mandatory legal requirements for her appointment in 2012.
The Court also ruled Sereno was disqualified for the Chief Justice post when she failed to submit her Statements of Assets, Liabilities, and Net Worth (SALN) from 2002 to 2011. President Duterte als appointed three new members of the SC following the retirement of Chief Justice De Castro, Associate Justice Presbitero Velasco Jr., and the appointment of Associate Justice Samuel Martires as Ombudsman.
These are Court of Appeals Associate Justices Jose Reyes Jr., Ramon Paul Hernando and Rosmari Carandang. Earlier in December, the High Court ruled that government agencies can regulate the motorcycle transport-for-hire mobile phone application.In a two-page order dated Dec. 5, the SC's Second Division ruled in favor of a petition filed by the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation (DOTr) seeking to stop the operations of Angkas run by DBDOYC Inc.
This reversed the Mandaluyong City Regional Trial Court's order dated Aug. 20, 2018 against the LTFRB and in favor of Angkas. In October, the SC upheld the constitutionality of two laws -- Republic Act 10533 (K to 12 Law) and Republic Act 10157 (Kindergarten Education Act, which overhaul the country's basic education system and expanding basic education from 10 to 12 years. The SC denied the consolidated petitions questioning them.
RA 10157, or the Kindergarten Education Act insitutionalized kindergarten education, which is one year of preparatory education for children at least five years old, as part of basic education and is made mandatory and compulsory before entering Grade 1. The law was passed in fulfillment of the country's commitments to improve education standards in the country during the 2000 World Education Forum in Dakar, Senegal, where 164 governments, including the Philippines, pledged "Education for All" goals. Likewise, to adjust to international standards, the K to 12 Law was enacted.
Prior to this, the Philippines, along with Djibouti and Angola, were the only countries in the world with a 10-year basic education system. In November, the tribunal upheld the legality of the Commission on Higher Education (CHED) memorandum excluding Filipino, Panitikan, and Philippine Constitution among the core subjects in the general education curriculum in college.
It held that Section 6, Article XIV of the Constitution on the use of the Filipino language as medium of instruction is not “self-executory.” The SC ruled that the assailed CHED memorandum does not violate any existing laws such as Republic Act 7104 or the Commission on the Filipino Language Act, RA No. 7356 or the Law Creating the National Commission for Culture and the Arts, and the Education Act of 1982. In criminal law, the Court declared that the “good faith” doctrine it laid down in its previous ruling cannot be used as an absolute defense to escape criminal prosecution for graft.
The Court made the clarification in a ruling which affirmed the decision of the Sandiganbayan finding three officials of the Department of Public Works and Highways (DPWH) guilty of several counts of violation of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act involving anomalous transactions for the implementation of the P615 million regional and provincial infrastructure projects for the Autonomous Region in Muslim Mindanao (ARMM).
The Court had ruled that its earlier ruling that heads of offices may, in good faith, rely to a certain extent on the acts of their subordinates "who prepare bids, purchase supplies, or enter into negotiations" does not exempt a public official to inquire more closely into transactions he processes when there are circumstances that should have prompted a closer look.
In a separate case this year, the SC also allowed the Quezon City government to implement an ordinance increasing the existing fair market values (FMVs) of land, buildings, and other structures in the city from 100 percent to as much as 500 percent. The Supreme Court (SC) ruled that the petitioner in the case, the Alliance of Quezon City Homeowners' Association, Inc. (AQCHI) has not legal standing to file the suit.
In February, the High Court also upheld the legality of the extension of Martial Law in Mindanao until the end of 2018. Voting 10-5, the SC dismissed the four petitions filed by congressmen led by Albay Rep. Edcel Lagman et al; another group led by Bayan Muna Rep. Carlos Zarate and Anakpawis Rep. Ariel Casilao, and others; former Commission on Human Rights chair Etta Rosales; and a group led by Christian Monsod, one of the framers of the Constitution seeking to declare the martial law extension in Mindanao as unconstitutional.
The Court pointed out that Congress had discretionary authority to formulate, adopt and promulgate its own rules. It also rejected the argument of petitioners that the extension should have only been limited to 60 days, saying the Constitution did not fix a period of duration for such extension and was also actually silent as to how many times the Congress could extend martial law declaration by the President.
Even the alleged undue haste in granting the request for extension, according to the Court, cannot be a ground to nullify the extension However, the SC noted that it can only intervene when there is a clear showing of such arbitrary and improvident use of the power such as would constitute a “denial of due process.”
The Court explained that it can only step in once there is clear showing of arbitrary and improvident use of such power by Congress under Article VII, Section 18 of the 1987 Constitution, which it said is lacking in this case. (Benjamin Pulta)
Meeting the press for the first time last November, Chief Justice Lucas Bersamin, the SC's 25th top magistrate, vowed to do his best to institute long-standing reforms in the judiciary even as his term will last for only a year. He will reach the mandatory retirement age next year days apart on the same month as Senior Associate Justice Antonio Carpio.
Bersamin, in his public appearances, has echoed calls for dedication in public service by those in the judiciary and urged subordinates to forgo even checking their social media accounts during office hours which he insists are minutes in work which had been paid for by taxpayers.
Speaking at a recent event for children in conflict with the law, Bersamin consoled the minors who had run afoul with the law pointing out that rehabilitation and reform is a fresh chance and reminded them not to let it define the rest of their lives.
Bersamin is the most senior justice in the judiciary in terms of length of service, at the time of his appointment. He succeeded another veteran, Chief Justice Teresita Leonardo-de Castro, who served as chief magistrate for less than two months, implemented key programs and projects.
These include increasing the monthly salary of first-level court judges all over the country; increasing the cost of living allowance for justices, judges and court personnel for the month of August chargeable to the 80 percent judiciary development fund (JDF) as well as additional grant of rice subsidy allowance for the first and second quarters of this year. She also worked for the creation of technical working groups on planning, budgeting, data reconciliation and evidence management system.
De Castro was an associate justice at the high court for 10 years and eight months prior to her appointment as top magistrate. The appointment of Chief Justice de Castro brought to a somber conclusion one of the dramatic turn of events in the high court's history involving its Chief Justice.
What would have been an 18-year term from her appointment by President Benigno Aquino III abruptly ended for Sereno after the Court en banc on May 11, 2018, voted 8-6 , to grant a the petition for quo warranto filed by the Office of the Solicitor General (OSG) to declare her appointment as void from the beginning for her failure to comply with the mandatory legal requirements for her appointment in 2012.
The Court also ruled Sereno was disqualified for the Chief Justice post when she failed to submit her Statements of Assets, Liabilities, and Net Worth (SALN) from 2002 to 2011. President Duterte als appointed three new members of the SC following the retirement of Chief Justice De Castro, Associate Justice Presbitero Velasco Jr., and the appointment of Associate Justice Samuel Martires as Ombudsman.
These are Court of Appeals Associate Justices Jose Reyes Jr., Ramon Paul Hernando and Rosmari Carandang. Earlier in December, the High Court ruled that government agencies can regulate the motorcycle transport-for-hire mobile phone application.In a two-page order dated Dec. 5, the SC's Second Division ruled in favor of a petition filed by the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation (DOTr) seeking to stop the operations of Angkas run by DBDOYC Inc.
This reversed the Mandaluyong City Regional Trial Court's order dated Aug. 20, 2018 against the LTFRB and in favor of Angkas. In October, the SC upheld the constitutionality of two laws -- Republic Act 10533 (K to 12 Law) and Republic Act 10157 (Kindergarten Education Act, which overhaul the country's basic education system and expanding basic education from 10 to 12 years. The SC denied the consolidated petitions questioning them.
RA 10157, or the Kindergarten Education Act insitutionalized kindergarten education, which is one year of preparatory education for children at least five years old, as part of basic education and is made mandatory and compulsory before entering Grade 1. The law was passed in fulfillment of the country's commitments to improve education standards in the country during the 2000 World Education Forum in Dakar, Senegal, where 164 governments, including the Philippines, pledged "Education for All" goals. Likewise, to adjust to international standards, the K to 12 Law was enacted.
Prior to this, the Philippines, along with Djibouti and Angola, were the only countries in the world with a 10-year basic education system. In November, the tribunal upheld the legality of the Commission on Higher Education (CHED) memorandum excluding Filipino, Panitikan, and Philippine Constitution among the core subjects in the general education curriculum in college.
It held that Section 6, Article XIV of the Constitution on the use of the Filipino language as medium of instruction is not “self-executory.” The SC ruled that the assailed CHED memorandum does not violate any existing laws such as Republic Act 7104 or the Commission on the Filipino Language Act, RA No. 7356 or the Law Creating the National Commission for Culture and the Arts, and the Education Act of 1982. In criminal law, the Court declared that the “good faith” doctrine it laid down in its previous ruling cannot be used as an absolute defense to escape criminal prosecution for graft.
The Court made the clarification in a ruling which affirmed the decision of the Sandiganbayan finding three officials of the Department of Public Works and Highways (DPWH) guilty of several counts of violation of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act involving anomalous transactions for the implementation of the P615 million regional and provincial infrastructure projects for the Autonomous Region in Muslim Mindanao (ARMM).
The Court had ruled that its earlier ruling that heads of offices may, in good faith, rely to a certain extent on the acts of their subordinates "who prepare bids, purchase supplies, or enter into negotiations" does not exempt a public official to inquire more closely into transactions he processes when there are circumstances that should have prompted a closer look.
In a separate case this year, the SC also allowed the Quezon City government to implement an ordinance increasing the existing fair market values (FMVs) of land, buildings, and other structures in the city from 100 percent to as much as 500 percent. The Supreme Court (SC) ruled that the petitioner in the case, the Alliance of Quezon City Homeowners' Association, Inc. (AQCHI) has not legal standing to file the suit.
In February, the High Court also upheld the legality of the extension of Martial Law in Mindanao until the end of 2018. Voting 10-5, the SC dismissed the four petitions filed by congressmen led by Albay Rep. Edcel Lagman et al; another group led by Bayan Muna Rep. Carlos Zarate and Anakpawis Rep. Ariel Casilao, and others; former Commission on Human Rights chair Etta Rosales; and a group led by Christian Monsod, one of the framers of the Constitution seeking to declare the martial law extension in Mindanao as unconstitutional.
The Court pointed out that Congress had discretionary authority to formulate, adopt and promulgate its own rules. It also rejected the argument of petitioners that the extension should have only been limited to 60 days, saying the Constitution did not fix a period of duration for such extension and was also actually silent as to how many times the Congress could extend martial law declaration by the President.
Even the alleged undue haste in granting the request for extension, according to the Court, cannot be a ground to nullify the extension However, the SC noted that it can only intervene when there is a clear showing of such arbitrary and improvident use of the power such as would constitute a “denial of due process.”
The Court explained that it can only step in once there is clear showing of arbitrary and improvident use of such power by Congress under Article VII, Section 18 of the 1987 Constitution, which it said is lacking in this case. (Benjamin Pulta)
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