ABS-CBN petition vs NTC order raffled to SC justice – spox

Robie de Guzman   •   May 11, 2020   •   1317

MANILA, Philippines – The plea of the ABS-CBN Corporation against the order of the National Telecommunications Commission (NTC) that forced it to halt its broadcast operations last week has been raffled off to a Supreme Court (SC) magistrate, its spokesperson confirmed Monday.

In a message to reporters, Supreme Court spokesperson Brian Keith Hosaka said the ABS-CBN’s petition has been raffled to a member-in-charge on Monday morning.

“I just want to confirm that the new petition filed by ABS-CBN against NTC has been raffled this morning to a member-in-charge,” Hosaka said.

“The results of the raffle is confidential pursuant to the internal rules of the Supreme Court,” he added.

A member-in-charge is a magistrate who will be in-charge of the progress of the case, according to SC’s internal rules.

The ABS-CBN Corporation’s petition seeks to nullify and set aside the cease and desist order issued by the NTC.

The media network also pleaded for the release of a temporary restraining order and/or preliminary injunction “to prevent grave and irreparable injury” to the company and its employees.

In its petition, the media network said the NTC acted with grave abuse of discretion and violated its rights to equal protection and due process by issuing the order.

The company claimed that the NTC should have deferred to Congress that have earlier sent a formal letter asking the agency to allow ABS-CBN to continue operating while bills seeking for its franchise renewal remain pending in the House of Representatives.

The NTC issued a cease and desist order on May 5, directing ABS-CBN to stop operating its various TV and radio broadcasting stations nationwide due to the expiration of its legislative franchise. The network’s franchise expired on May 4.

NCR courts ordered physically closed until September 30

Marje Pelayo   •   September 7, 2021

MANILA, Philippines – The Supreme Court (SC) has ordered all courts in the National Capital Region (NCR) closed due to the ongoing surge of COVID-19 cases in the region.

In a circular issued and signed by Court Administrator Midas Marquez, the temporary closure of all NCR courts is also in consideration of the pilot-testing of granular lockdowns after placing all cities in the region, except Manila, under Alert Level 4.

“All courts in NCR, except the Supreme Court, shall remain physically closed to court users until 30 September 2021 notwithstanding the NCR will be under general community quarantine beginning 8 September 2021,” the circular read.

However, the courts in the NCR will continue operating online, the circular said.

This means hearings on pending cases and all other matters may be addressed through videoconferencing so as not to delay the trial of cases and court processes.

Meanwhile, Marquez said the time of filing and service of pleadings and motions during the period of physical closure remains suspended and shall only resume after seven days counted from the first day of reopening of the relevant court.

For inquiries and other matters, all NCR courts may be reached through their respective hotlines and email addresses posted on SC’s official website.

Supreme Court to forgo traditional announcement of top 10 Bar passers

Robie de Guzman   •   August 27, 2021

MANILA, Philippines – The Supreme Court will depart from its tradition of announcing the names of top 10 passers in the 2020-2021 Bar examinations, Associate Justice Marvic Leonen said Friday.

Leonen, who chairs the 2020-2021 Bar exams committee, said that instead of announcing the top-notchers, an examinee who obtains an 85 percent or higher weighted score for the upcoming examination shall be recognized for exemplary performance.

In the latest Bar bulletin, the Supreme Court said that the modification of the grading system was one of the reforms proposed by Leonen “to enable a more reasonable approach to appraising and reporting on Bar examination performance.”

It has been a tradition of the high court to name the top notchers simultaneous with the release of successful Bar passers, but with the pandemic, Leonen said they have taken into consideration the circumstances of the two batches that will be taking the exams this November.

“On one hand, those who intended to take the Bar Examinations in 2020 either had more time to review, or endured more time for waiting. The 2021 graduates, on the other hand, had to endure the longer ordeal of preparing to graduate during the pandemic, causing delays in the graduation dates. They have been put in a constrained environment, with only a brief window of time to prepare,” Leonen said.

“Testing two batches of examinees that prepared under different circumstances – not to mention the vast number of combined examinees, placing an enormous demand on the examiners – compels the adoption of unique mechanisms that aim to balance these inequities,” he added.

Leonen also noted that the modifications introduced aim to be “more inclusive” by not limiting recognition to an exclusive circle of top-notchers, adding that “limiting the recognition to a circle of 10 risks being beholden to statistical minutiae.”

He also emphasized that the Bar exams aim to determine whether an individual has the knowledge to be a lawyer.

“The Bar examinations measure individual knowledge. It is no race or competition. Neither will it predict who among the examinees will become the best qualified within their batch, the better lawyer, the more relevant practitioner, or the more compassionate individual,” he said.

“In short, good lawyering requires skill and a view to making choices that match the nobility of the profession and its desire for social justice. This is not entirely measured by the Bar examinations,” he added.

The SC postponed the 2020 Bar examinations due to the COVID-19 pandemic.

The upcoming exams will be held in several testing centers across the country in November.

“It is hoped that by shifting the focus away from how to select individuals who excel and onto a school’s collective performance, this will encourage deep-seated and wide-ranging improvements in legal education. Law schools would inspire and aspire for excellence that would uplift their entire studentry, rather than select Bar bets only,” Leonen said

Under the modified grading system, an examinee who obtains a total weighted score of 85 percent or higher for the 2020-2021 Bar Examinations shall be recognized for exemplary performance.

“The names of examinees who earned recognition for exemplary performance shall be made publicly available simultaneously with the list of passers, through the same media. Apart from this, no fanfare shall be devoted in releasing information on examinees who rendered exemplary performance,” Leonen said.

“The names in this list shall be arranged alphabetically, and shall also appear in the list of passers. This list shall replace the traditional Top 10,” he added.

The SC said a report on law schools’ performance will also be released. Law schools having examinees who were recognized for exemplary performance shall also be identified in a separate report.

Statistics on the performance of those who did not pass or did not finish past Bar exams will not be made public, but will be given to the law schools themselves, it added.

SC urges Bar applicants to avail of free vaccination for November exams

Aileen Cerrudo   •   August 11, 2021

MANILA, Philippines—The Supreme Court (SC) is encouraging examinees for the Bar examinations in November to get fully vaccinated against the coronavirus disease 2019 (COVID-19).

Under Bar Bulletin No. 22, series of 2021, the SC urges approved bar applicants to avail the free vaccination in their respective local government units (LGUs). Bar examinees eligible for vaccination are those included in theA2 (senior citizens), A3 (persons with comorbidities), and A4 (front-liners in essential sectors) priority groups.

“We strongly encourage every bar applicant who fall under the priority groups to get vaccinated as soon as possible,” the SC said.

Meanwhile, the SC is coordinating with the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) to include applicants who do not fall under the A2, A3, and A4 priority groups. It is also working on the possible procurement of COVID-19 testing kits for bar examinees.

For the health protocols during the Bar examinations on November, the SC said they will release the guidelines by October. AAC

 

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