Hiling ng Malakanyang na mapalitan si De Lima bilang kinatawan ng Executive Department sa JBC, pinagbigyan

admin   •   July 16, 2012   •   3123

FILE PHOTO: Department of Justice Secretary Leila De Lima (UNTV News)

 MANILA, Philippines – Pinagbigyan ng Judicial and Bar Council (JBC) ang kahilingan ng palasyo ng Malakanyang na makapagtalaga ng kapalit ni Justice Secretary Leila De Lima bilang kinatawan ng executive department sa naturang konseho.

Nag-inhibit si De Lima sa deliberasyon ng JBC dahil sa pagiging nominado nito sa pagka-chief justice.

Kinumpirma naman ng Malakanyang sa pamamagitan ni Presidential Spokesperson na si Secretary Edwin Lacierda na nagpadala ito ng request sa JBC upang mapunan ang nabakanteng posisyon sa konseho.

“We’ve confirm that we sent a letter to JBC last July 13 essentially to state since the Secretary of Justice has been nominated the position of the Secretary of Justice as an ex-officio member of JBC has left vacant.”

Ayon naman kay retired Supreme Court Justice at JBC member na si Justice Regino Hermosisima, may karapatan ang sangay ng ehekutibo na makapagtalaga ng kapalit ni De Lima bilang kinatawan sa naturang konseho.

“There should be a representation on the three branches of government, Executive, Legislative, Judiciary. So while there is already a representation from the Supreme Court, a representation from the legislature, then the executive should have a representative.”

Tiwala rin si Justice Hermosisima na susuportahan ng Korte Suprema ang kanilang naging desisyon.

Sumang-ayon na rin ang JBC na maupo bilang acting Chairperson nito si Supreme Court Associate Justice Diosdado Peralta.

Magugunitang naglabas ng desisyon ang Korte Suprema at sinabing maaaring manguna sa deliberasyon ng JBC ang pinaka-senior na associate justice ng Supreme Court na hindi nominado sa pagiging chief justice. (Ito ang Balita ni Bernard Dadis/Ruth Navales, UNTV News)

More petitions vs. Anti-Terrorism Act filed in SC

Aileen Cerrudo   •   July 6, 2020

Four petitions were filed against the Anti-Terrorism Act of 2020 at the Supreme Court on Monday (July 6).

A group led by law professor Atty. Howard Calleja and former Education Secretary Armin Luistro filed their petition to question the constitutionality of the Anti-Terrorism Act.

“We are not fighting this government. We are fighting the constitutionality of this law and this law should stand not only this constitution, not only this government but should stand the governments and constitutions of our children and of our children’s children. so we are fighting not only for today but for also the future of everybody, of every Filipino,” Calleja said.

Among the provisions questioned by Calleja and Luistro are the broad and vague definition of “terrorism”, the warrantless arrest, and the 24-day detention period upon suspicion of terrorism.

“The basic safeguard of our law is and of our rights is the constitution. if you violate the constitution then there are no safeguards,” Calleja said.

Lalong nagiging perpekto ang administrasyon kapag handa nilang pakinggan kahit yung mga batikos dahil dyan nagagawang mas mabuti. Kapag ang mga ang netizens natin ay nagtatanggal na ng mga posts nila, yan na ang epekto na ayaw natin mangyari,” said Luistro.

[The administration gets perfected when it is ready to hear out even the criticisms for they make things better. When netizens start to remove their posts, then, that will be the effect that we don’t want to happen.]

Atty. Mel Sta. Maria, Dean of the Far Eastern University Institute of Law, also filed a petition, stating that aside from what Calleja has pointed out, the anti-terrorism law will affect the teaching patterns in universities.

Kaya nga ang propesor, mga teacher o mga estudyante na magmumungkahi, mag-aaral ng halimbawa ng liberation theology, halimbawa na kalakip na dun ang pag-uusap sa arms struggle, e baka sabihin nila, proposal or inciting to terrorism na yan,” Sta. Maria said.

[That’s why professors, teachers, or even students will propose or study liberation theology, for example, and part of which is a discussion on arms struggle, it might be misconstrued as a proposal or inciting to terrorism already.]

Meanwhile, both Albay 1st district Representative Edcel Lagman and the Makabayan Bloc are requesting the Supreme Court to release a temporary restraining order (TRO) or Writ of Preliminary Injunction while the court has yet to decide on the filed petitions.

“All that a devious and underhanded law enforcer or prosecutor has to do is to conveniently invoke the killer proviso to stifle political dissent and peaceable assembly for redress of grievances,” Lagman said in a statement.

Lagman said the government must ensure that the rights of the common people for free speech will not be compromised by arrests that will be made against terrorists.

“What the government must pursue is the apprehension, prosecution and conviction, once warranted, of terrorists without ensnaring into contrived culpability persons who simply exercise free speech and peaceful assembly,” the lawmaker said.

Bayan Muna Partylist Representative Carlos Zarate expressed concern that the said law might be abused and target even ordinary individuals.

“This will be weaponized not only against members of the progressive organizations but even members of the political opposition, ordinary individuals, maging miyembro ng media (even members of the media),” he said.

On the other hand, Malacañang said it is leaving the decision to the Supreme Court.

Presidential Spokesperson Harry Roque reiterated criticizing the government will never be considered a crime under the Constitution.

“Every law passed by congress enjoys the heavy presumption of constitutionality,” he said. —AAC (with reports from Vincent Arboleda)

Palace on petitions vs. Anti-Terrorism Law: Leave it to Supreme Court

Robie de Guzman   •   July 6, 2020

MANILA, Philippines – Malacañang will leave the Supreme Court (SC) to decide on petitions filed against the newly-signed Anti-Terrorism Law.

Presidential Spokesperson Harry Roque said the Palace will abide by whatever the ruling of the SC will be on petitions questioning the constitutionality of the measure.

“The Palace will leave it to the SC to decide on these petitions and will abide by whatever the ruling is,” he said in a statement Sunday.

The Republic Act No. 11479 or the Anti-Terrorism Act of 2020 was signed into law by President Rodrigo Duterte last Friday, July 3 despite strong opposition from various groups over concerns of possible violations of human rights.

On Monday, various groups physically trooped to the Supreme Court to urge it to stop the enforcement of the new law, claiming that the measure contained provisions that are in possible violation of the Philippine Constitution.

On Saturday, a group of lawyers and educators submitted the first petition against the controversial law.

Malacañang earlier said that prior to its signing, the measure underwent thorough review by the chief executive and his legal team.

Nevertheless, National Security Adviser Hermogenes Esperon said groups opposing the law have the right to lodge their petition against the law.

“Iyong sa pagkuwestiyon nila sa ating Anti-Terrorism Law sa Supreme Court ay karapatan nila; hindi natin pipigilan iyan at we’ll even encourage them,” he said.

Esperon also reiterated that the measure aims to stop those who threaten, proposed and incite terroristic acts, and not people who abide by the law or those who express dissent.

He likewise stressed that the law clearly defines who are those considered as terrorists, and this does not include activists or people who only voice out their concerns and criticisms over social injustices.

“Itong ating law-abiding citizen ay walang dapat ikatakot dahil itong Anti-Terrorism Law ay para sa kapakanan at para sa seguridad ng mga law-abiding citizens. Ito ay ginawa para labanan natin ang terorismo. Ngayon, kung sino ang nagsasabing ito ay para sa kanila at tahimik naman sila eh huwag silang mababahala,” Esperon said.

The Anti-Terrorism Council is set to convene to review the law and draft its implementing rules and regulations, which will be submitted to Congress. – RRD (with details from Correspondent Rosalie Coz)

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.

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