Paggamit ng pondo sa ilalim ng DAP, idineklarang unconstitutional ng Korte Suprema
admin • July 2, 2014 • 8529
Supreme Court facade (UNTV News)
MANILA, Philippines — Sa pamamagitan ng unanimous na botohan ay idineklara ng Korte Suprema na labag sa Saligang Batas o unconstitutional ang paggamit ng Administrasyong Aquino ng pondo sa ilalim ng Disbursement Acceleration Program o DAP at National Budget Circular Number 541.
Lahat ng labing tatlong mga mahistrado ay bumoto pabor sa desisyon na sinulat ni Associate Justice Lucas Bersamin habang nag-inhibit o hindi nakisali sa botohan si Associate Justice Teresita Leonardo De Castro.
Batay sa naging desisyon ng Korte Suprema, labag sa Section 25, Article 6 ng Constitution at sa Separation of Powers ang pagkuha ng pondo sa mga implementing agencies at pagdedeklara dito bilang savings bago pa man matapos ang taon.
Illegal din ayon sa Korte Suprema ang paglilipat ng savings o pondo mula sa executive department patungo sa ibang mga ahensiya ng gobyerno labas sa executive department.
Halimbawa nito ang pagbibigay ng palasyo ng 50-million pesos sa bawat senador matapos ang impeachment trial ni dating Chief Justice Renato Corona.
Illegal din at labag sa Saligang Batas ayon sa Korte Suprema ang paglalaan ng pondo sa mga proyektong wala sa National Budget na ipinasa ng Kongreso.
Pinawalang-bisa din ng Korte Suprema ang paggamit ng unprogrammed funds dahil sa hindi pagsunod sa mga kondisyon ng General Appropriations Act.
“The court partially grants the petitions… so ordered”, pahayag ni Supreme Court Spokesperson Atty. Theodore Te.
Samantala, sa kabila ng pagdedeklarang illegal ang paggamit sa DAP, walang binanggit ang Korte Suprema kung dapat managot dito sina Budget Secretary Butch Abad at si Pangulong Aquino.
Ngunit ayon sa ilang mga petitioner laban sa DAP, hindi pwedeng walang mananagot dito sa sinasabi nilang paglustay sa kaban ng bayan.
“Kung illegal ang DAP, kung mayroong maling ginawa, hindi naman uubra na walang mananagot para dito. So ang tinatanong natin at hinihintay natin ano ang pananagutan ni Sec. Butch Abad, ni Pangulong Aquino dahil hindi kami naniniwala in good faith nangyari ang lahat ng ito”, saad ni Bayan Secretary General Renato Reyes.
“Kailangang palalimin, kailangang pag-aralan kasi ang mga mamamayan, kapag pinag-usapan ang pondo ng bayan, ang concern niyan kapag may naglustay, kailangang papanagutin yung mga sangkot at yung pondo na nilustay ay ipakita at ilantad kung sino talaga ang may pananagutan at lapatan ng karampatang kaparusahan”, Gabriela Party-List / Petitioner vs. DAP Representative Emmi De Jesus.
Pero sa ngayon ay hihintayin muna ng mga petitioner ang kabuuan ng desisyon ng Korte Suprema at aaralin ito kung ano ang susunod na magiging hakbang nila. (Roderick Mendoza, UNTV News)
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)
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)
MANILA, Philippines – The Supreme Court will tackle next month the petition of ABS-CBN Corporation against the cease and desist order of the National Telecommunications Commission (NTC) which halted the network’s broadcast operations last May 5.
Supreme Court Chief Justice Diosdado Peralta said they will discuss the ABS-CBN’s petition on July 13.
Peralta said the high court had to wait for comments from all parties mentioned in the petition before conducting deliberations on the plea.
“We waited for the comments of the House of Representatives, the lower house and the upper house and I think we only received the comments last Friday or last Monday,” he said during an online press conference on Thursday.
ABS-CBN went off the air on May 5, just hours after the NTC issued its order directing the media network to halt its television and radio broadcast operations due to expired franchise. The company’s franchise ended on May 4.
The media giant then filed a petition, urging the Supreme Court to issue a temporary restraining order against the NTC’s closure order.
In its petition, the media company argued that 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.
ABS-CBN also pointed out the loss of revenues on the part of the company and the government in terms of taxes, as well as the welfare of its 11,000 employees due to the stoppage of its operations.
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