8 Kandidato sa Pagka -Chief Justice, Pasok sa Shortlist ng JBC; Sec. De Lima, Na-Disqualify

admin   •   August 13, 2012   •   3163

FILE PHOTO: Dep’t. of Justice Secretary Leila De Lima (UNTV News)

MANILA, Philippines – Walong mga kandidato sa pagka-chief justice ang nakasama sa shortlist na isinumite ng Judicial and Bar Council (JBC) sa palasyo ng Malacañang.

Nanguna sa listahan si Acting Chief Justice Antonio Carpio na nakakuha ng 7 boto, sumunod naman sina Associate Justice Roberto Abad, Associate Justice Arturo Brion, Solicitor General Francis Jardeleza, Associate Justice Maria Lourdes Sereno at dating Congressman Ronaldo Zamora na nakakuha ng tig-aanim na boto.

Pasok din sa listahan sina Associate Justice Teresita Leonardo De Castro at Attorney Cesar Villanueva na nakakuha naman ng tig-limang boto.

“We decided to vote 8 names and whoever gets five votes will be included in the list, and it turned out eight names get at least five votes,” pahayag ni JBC Member at Iloilo Representative Niel Tupas Jr.

Tuluyan namang dinisqualify ng JBC bilang kandidato sa pagka-chief justice si Secretary Leila De Lima.

Ang desisyon ng JBC ay bunga pa rin ng nakabinbing disbarment cases laban sa kalihim.

“With respect to the previous motion on suspension of the rules, no consensus on that, that’s why hindi na rin nag-push through ang motion and disqualified si Secretary De Lima.”

Nailigtas naman sa disqualification si Solicitor General Francis Jardeleza na kabilang ngayon sa shortlist.

Paliwanag ni Tupas, walang “prima facie evidence” ang kaso laban kay Jardeleza kaya’t hindi ito maituturing na isang regular case na dahilan upang ma-disqualify.

Dismayado naman si Secreatary De Lima sa pag-disqualify sa kanya ngJBC.

“I honestly don’t know how to react. Ang ano lang is why was i singled out for disqualification? Yun lang muna ang gusto kong itanong sa kanila.”

Samantala, kinondena naman ng Volunteers Against Crime and Corruption (VACC) ang pag-dismiss ng Korte Suprema sa disbarment case na inihain ni Lauro Vizconde laban kay Acting Chief Justice Antonio Carpio.

Kanina, nag-protesta sa harap ng Korte Suprema ang ilang miyembro ng grupo sa pangunguna ni VACC Chairman Dante Jimenez upang ipahayag ang kanilang pagkadismaya sa naging desisyon ng korte.

Ayon kay Jimenez, malinaw na may basehan ang reklamo ni Vizconde hinggil sa umano’y pambabraso ni Justice Carpio upang mapawalang-sala ang mga akusado sa Vizconde Massacre.

Nitong nakaraang Biyernes ay dinismiss ng Korte Suprema ang inihaing kaso ni Vizconde at sinabing hindi maaaring kasuhan ng disbarment si Justice Carpio dahil requirement sa hinahawakan nitong pwesto ang pagiging miyembro ng bar at maaari lamang alisin sa pamamagitan ng impeachment. (Ito ang Balita ni Rey Pelayo, Roderic Mendoza/Ruth Navales, UNTV News)

De Lima dismayed over court’s dismissal of motion to join Senate ‘hybrid’ sessions

Robie de Guzman   •   June 19, 2020

MANILA, Philippines – Senator Leila de Lima on Friday expressed dismay over the decision of the Muntinlupa Regional Trial Court (RTC) Branch 205 to junk her motion seeking to join the “hybrid” Senate sessions and hearing while in detention at the PNP Custodial Center in Camp Crame for drug-related charges.

“In denying my motion, the trial court may have failed to see what the Supreme Court has doctrinally acknowledged in the cases of Jalosjos and Trillanes that it is possible for a person deprived of liberty (PDL) to still legally pursue a profession or legitimately perform the functions of a public office as long as he or she can do it within the confines of his or detention cell,” De Lima said in a statement.

“As the Senate rules now allow for teleconferencing as a mode of participating in sessions and hearings in crisis or emergency situations or pandemic, I can easily do it if I will be provided with a laptop and internet connection, without need for me to get out of the PNP Custodial Center,” she added.

It can be recalled that on May 4, the Senate amended its rules to allow both physical and online attendance to legislative proceedings in a bid to prevent the possible transmission of novel coronavirus disease among its members and employees.

However, De Lima was still not allowed to participate in “virtual” sessions as Senate leadership claimed that she is “not under the chamber’s jurisdiction.”

The opposition senator maintained that disallowing her from taking part in online sessions, hearings, and meetings of the Senate “prevents her from fully performing her mandate as a lawmaker.”

“With all due respect to the Honorable Court, allowing my online participation in the Senate sessions will not negate the fact that I am still in prison. What the court permission can do however is to pay full respect to the mandate that I received from the Filipino people as a sitting Senator,” De Lima said.

“Please note that there is no civil interdiction imposed on me by any court, thus, there should be no unreasonable restrictions on my rights and legitimate interests,” she added.

She also asserted that she is still in “full possession” of her civil and political rights as her cases as still at the trial stage and has not been convicted of any crime.

De Lima filed her omnibus motion on June 1.

But in a Joint Order dated June 17, Muntinlupa RTC Branch 205, presided by Judge Liezel Aquitan denied De Lima’s motion, concluding that “the presumption of innocence does not carry with it the full enjoyment of civil and political rights.”

The court also said that the amendment in the Senate rules states that hearings and sessions via teleconferencing in the upper chamber are only allowed when there is force majeure or an emergency which may prevent senators from physically attending.

“De Lima is prevented to attend the committee meeting or hearings due to her detention. Detention is not a force majeure,” the court order read.

The court said that allowing De Lima to attend the Senate sessions, hearings, and meetings via teleconferencing within her place of detention is “no different from allowing her to attend there physically.”

“Allowing her to do so today would be tantamount to allowing her to participate even after the state of public health emergency,” it added.

De Lima said she is planning to file a motion for reconsideration.

De Lima, one of Duterte administration’s fierce critics, has been detained since 2017 over her alleged involvement in the illegal drug trade while she was Justice Secretary. She has repeatedly denied the charges.

De Lima calls on COVID-19 task force to release qualified detainees to decongest prisons

Aileen Cerrudo   •   April 2, 2020

Senator Leila de Lima is urging the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) to consider releasing qualified detainees in order to decongest prisons and prevent the spread of coronavirus disease (COVID-19) among Persons Deprived of Liberty (PDL).

In a statement, De Lima said the government should not to forget those behind bars and to protect those working in closed facilities.

She also said that due to the congestion of detention facilities, PDL’s cannot practice social distancing which makes them more at risk in contracting the disease.

Even with the enhanced community quarantine, De Lima said the number of arrested individuals keep piling up which leads detention centers to exceed its full capacity.

“Given the state of our jails and prisons, the infection rate will be catastrophic. We thus offer a solution: decongest our jails and prisons through a systematic release of qualified PDLs on humanitarian grounds,” she said.

The qualifications proposed by the senator are:

  • Elder PDLs – 70 years old and above
  • PDLs with serious illness or disability
  • PDLs detained, pre-conviction, for minor non-violent offenses
  • PDLs convicted for minor non-violent crimes

De Lima also stressed that those who committed heinous crimes should not be among being considered for early release.

“If done properly, we would be able to free up additional resources to improve the nutrition and sanitation in the jails and prisons for the remaining PDLs. This will also ease some pressure on the jail and prison health care facilities,” she said. AAC

US Sen. Durbin renews call for De Lima’s release from detention

Robie de Guzman   •   January 9, 2020

US Senator Richard Durbin

MANILA, Philippines – United States Senator Richard Durbin renewed his call for the Duterte administration to release detained opposition Senator Leila de Lima, saying this is an “easy and honorable way forward.”

In a speech on the Senate floor Wednesday, Durbin urged the Philippine government to give De Lima a quick and credible trial instead of threatening the travel of Americans with visa requirements.

“The Duterte regime should stop threatening the travel of Americans and so many others who travel between our nations, and instead ensure a quick and credible trial for Senator de Lima or simply do the right thing and release her,” he said.

Duterte’s spokesman Salvador Panelo earlier said the Philippine government would require all Americans to secure a visa before entering the country should the US government enforce the ban on Filipino officials said to be involved in De Lima’s detention.

The Philippine government also ordered the Bureau of Immigration to deny entry to Durbin and Senator Patrick Leahy.

It was Leahy and Durbin who pushed for the inclusion of a provision in the US 2020 budget banning the entry of Philippine officials linked to the detention of the Filipino senator.

Another American senator, Edward Markey, has also been banned from entering the Philippines for filing a resolution calling for De Lima’s release.

De Lima, one of Duterte administration’s fierce critics, has been detained since 2017 over her alleged involvement in the illegal drug trade while she was Justice Secretary. She has repeatedly denied the charges.

Panelo reiterated that De Lima’s detention was not a case of political persecution, insisting that the senator was afforded due process and that there is a “probable cause” to issue a warrant for her arrest. – RRD (with details from Correspondent Rosalie Coz)

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