The Judicial Branch of Government

[hakz2007]

image hosted on flickr

The Supreme Court building by Wayne Fenton, on Flickr

[hakz2007]

Carpio eyes top Supreme Court post

Acting Chief Justice Antonio Carpio on Friday said he would accept his nomination as Chief Justice of the Philippines.
“I will not turn down any challenge to lead the judiciary if given the opportunity,” Carpio told reporters after speaking at the Integrated Bar of the Philippines-Central Luzon regional convention in Clark Freeport, Pampanga.

Read more

Midas declines, Valdez accepts CJ nomination

MANILA, Philippines (UPDATE) - Former Supreme Court spokesman and current Court Administrator Jose Midas Marquez on Friday declined his nomination to the post of Chief Justice. On the other hand, Dean Amado Valdez of the University of the East College of Law accepted the nomination.
In a statement, Marquez said he is thankful for the nomination but will have to decline it.

Read more

Supreme Court grants clemency to Quezon City’s ‘jet ski’ judge

MANILA, Philippines—The Supreme Court has granted judicial clemency to a Quezon City judge who was earlier fined for his failure to decide on pending cases within the period required by law.
In a full court ruling signed by Felipa Anama, deputy clerk of court, the high court approved Judge Ralph Lee’s request for judicial clemency, which would make him eligible for nomination or appointment to a higher post in the judicial department.

Read more

[KnightOfTheFlag]

Carpio according to Visconde was the one who campaign for the aquital of Hubert Webb...this guy has blood in his hands...

[Manila-X]

Originally Posted by KnightOfTheFlag

Carpio according to Visconde was the one who campaign for the aquital of Hubert Webb...this guy has blood in his hands...

The Vizconde Massacre Case has always been controversial due to the court relying on the star witness rather than the solid evidence of Hubert's innocence during the trial.

In the end, both Lauro Vizconde and Hurbert Webb were the victims.

[Manila-X]

De Lima accepts Chief Justice nomination
By Tetch Torres
INQUIRER.net
10:54 am | Sunday, July 1st, 2012

http://newsinfo.inquirer.net/221439/...ice-nomination

MANILA, Philippines–Justice Secretary Leila De Lima accepted the nomination for the Chief Justice post saying she is “up to the challenge.”

“What the judiciary needs is an effective and trusted leader. That, to me, is the call of the times. And so, after a deeper reflection and further consultations with my family and close confidants, and amidst my initial hesitance and apprehensions, I now feel that I will be up to the challenge and will now take on the challenge,” De Lima said at a text message sent to reporters.

The justice secretary said she arrived at the decision after she spoke with President Benigno Aquino III last Friday.

“I’ll be honored to submit myself to the scrutiny of my peers at the [Judicial and Bar Council] and the general public, for eventual consideration of the President,” De Lima said.

“I sincerely believe that at the minimum, I have my character and resolve as a person, and my track record and passion as a public servant to offer for such a crucial and revered post,” she added.

De Lima is believed to be one of the strongest contenders to replace the ousted Renato Corona for the top judicial post.

She is one of the nominees who received the most number of nominations. Some of those who nominated her are the Volunteers Against Crime and Corruption through its head Dante Jimenez, former Defense Secretary Avelino “Nonong” Cruz, Lawyers Rogelio Limare and Reynaldo Bagatsing.

To firm up her decision, De Lima said she went to the Our Lady of Manaoag Shrine to pray.

“I went to Our Lady of Manaoag (Shrine on Sunday) morning. (I) prayed hard and sought for further enlightenment and blessing,” she said, adding:

“I always do that whenever (I) need to make crucial decisions and confronted with major challenges. Mama Mary is my constant source of guiding light.”

If appointed by the President, De Lima would be the first female Chief Justice of the Supreme Court in its 111 years of existence.

Following the controversies generated by Corona’s removal from office on May 29, De Lima said “what the judiciary needs is an effective and trusted leader.”

“That, to me, is the call of the times,” the justice secretary said.

“I sincerely believe that, at the minimum, I have my character and resolve as a person, and my track record and passion as a public servant, to offer for such a crucial and revered post,” she added

[Manila-X]

No CJ yet on SONA - JBC member
The Philippine Star Updated July 02, 2012 12:53 PM

http://www.philstar.com/nation/artic...ticleid=823299

MANILA, Philippines - A member of the Judicial and Bar Council (JBC) on Monday said President Benigno Simeon Aquino III will not be able to announce a new Chief Justice during his Statement of the Nation Address (SONA) on July 23.

Sen. Francis "Chiz" Escudero said in a television interview that the JBC has decided to be thorough in its selection process and would only be able to submit a shortlist of nominees by the end of the month.

"By July 30, mai-susubmit na namin ang listahan so may isang buwan ang Pangulo para makapamili, ayon sa 90-day rule ng Constitution. Hindi aabot ang aming listahan sa SONA dahil kahit anong bagay na minadali mo, madalas hindi maganda ang kinalalabasan," Escudero said.

The nominees have until the end of closing hours today (July 2) to accept or decline their nomination.

Asked if JBC members have indicated their preference between Supreme Court insiders and outsiders, Escudero said he has no clue.

"Pantay-pantay ang pagtingin namin sa kanila. Magkakaroon lamang ng diperensya kapag nakaharap na namin sa interview at submission ng requirements," Escudero said.

Meanwhile, the senator also defended the two votes granted by the JBC to members of the Senate and the House of Representatives.

He said the JBC has ruled that instead of a half vote given to the two representatives of Congress, each representative has been given one vote.

"Bahagi ng trabaho namin iyan bilang chairman ng committee on justice," he said. Escudero is the chairman of the Senate committee on justice, while Niel Tupas is the chairman of the House of Representatives committee on justice.

"Hindi kami dapat tumigil dahil baka maakusahan kaming inabandona [ang aming tungkulin] dahil lang sa sabi-sabi ng ilan," he said.

Former solicitor general Francisco Chavez, a nominee for chief justice, is questioning the composition of the JBC. He said that instead of eight, the council should only have seven members.

Chavez said that the Constitution states that Congress should have only one representative to the JBC. Congress is currently being represented by Escudero and Tupas in the council.

Among nominees who indicated that they would be accepting their nominations were acting Chief Justice Antonio Carpio and Justice Secretary Leila de Lima. Meanwhile, Commissioner Kim Jacinto-Henares of the Bureau of Internal Revenue declined her nomination, saying that more reforms are needed in the BIR.

[absinthe_888]

Judicial Thread is now back?

[Manila-X]

Henares, Chavez decline nomination for SC chief
By Tetch Torres
INQUIRER.net
2:42 pm | Monday, July 2nd, 2012

http://newsinfo.inquirer.net/221913/...ice-nomination

MANILA, Philippines – Malacañang’s purported favorite bet for Chief Justice, Bureau of Internal Commission (BIR) chief Kim Jacinto-Henares, and former Solicitor-General Francisco Chavez have bowed out of the race.

In explaining her decision to decline the nomination for the top Supreme Court post, Henares said reforms at the BIR “is as significant as that of judicial reform.”

Meanwhile, Chavez backed out of the derby as he questioned the composition of the Judicial and Bar Council (JBC).

While tax efficiency has increased after posting a double digit growth since 2010, Henares said much revenue was still needed.

She said that in 2011, the BIR was able to collect P924 billion and is expected to collect P1.066 trillion and P1.2 trillion in 2012 and 2013, respectively.

Important BIR reforms

“I feel that at this time, the reform we are undertaking in the BIR is as significant as the judicial reform that needs to be undertaken in the Supreme Court,” Henares said in a statement on Monday.

“In as much as revenues are needed by the Government to sustain economic progress, it is important to sustain the reforms we are undertaking in the BIR as these changes provide the backbone for reforms in the BIR, and are among the major milestones to be achieved to prepare the revenue agency for the future,” she said.

“Although I am honored by the faith and confidence reposed upon me by the people who nominated me to the Chief Justice position, I regret I could not accept the nomination,” the BIR chief added.

At present, Henares said the BIR was in the midst of crucial reforms.

Among the reforms Henares cited include the evaluation of the various core processes, such as those of registration, filing and payment, auditing and collection which are nearing completion.

In addition, Henares said they are enhancing the Information Taxpayer Systems, built during the 1990s, with the assistance of the grant from the Compact Program of the Millennium Challenge Corporation.

“These major efforts are being undertaken to enable us to meet the ever-increasing challenge of reaching revenue collection targets given to us annually. The government’s tax collection efforts provide the government with the funds needed to spur economic development and fund social programs to ensure that the benefit of economic growth will trickle down to the less fortunate members of our society,” Henares said.

JBC is unconstitutional

Chavez has asked the Supreme Court to stop current selection for the next chief justice and declare as unconstitutional the composition of the JBC.

“I am not seeking the position. What is important to me is the law, the rule of law and the Constitution which should be over and above anything else, over and above everyone else including myself,” Chavez told reporters.

“I cannot submit myself to the jurisdiction and proceedings of the body whose composition is unconstitutional,” Chavez said.

Chavez, in his petition, asked the high court to issue a temporary restraining order to stop the JBC from further functioning.

The JBC is constitutionally mandated to screen aspirants for the Judiciary and the Office of the Ombudsman. Then, they submit a short list of nominees to the President who then will make the appointment.

Chavez said the current JBC composition violates the 1987 Constitution with two representatives from Congress, namely: Sen. Francis Escudero (chairman, Senate Committee on Justice) and Iloilo Rep. Niel Tupas, Jr. (chairman, House of Representatives Justice Committee).

Chavez pointed out that the composition of the JBC, the body tasked to screen applicants and nominees for judicial posts and the post of Ombudsman and Deputy Ombudsmen, should only be 7, not 8.

He stressed that the phrase “a representative of the Congress” used by the Constitution in Sec. 8, Art. VIII is “all to clear” to mean only one JBC member should come from the legislature.

State of chaos

“The said JBC is now in the process of preparing the final list of possible appointee for the position of Chief Justice. However, if the composition of constitutional body that screens their appointment is illegal and unconstitutional—then the appointment of the Chief Justice will be tainted with unconstitutionality,” Chavez said in his petition.

“This will affect not only the Supreme Court but the entire judicial system, which will definitely be in a state of utter chaos,” Chavez added.

Currently, the JBC is composed of Senior Associate Justice Antonio Carpio (in place of the Chief Justice), Justice Sec. Leila De Lima, Escudero, Tupas, Justice Regino Hermosisima (representing retired justices of the Supreme Court), retired Court of Appeals Justice Aurora Lagman (private sector), Atty. Milagros Fernan-Cayosa (Integrated Bar of the Philippines), Atty. Jose Mejia (academe), SC Associate Justice Presbitero Velasco, Jr. (consultant), SC Associate Justice Teresita Leonardo-De Castro (consultant), and SC Court Administrator Jose Midas Marquez (consultant).
Constitutionalist Fr. Joaquin Bernas last week said that following the provision of the Constitution, the JBC members should be composed of seven only with one representative from Congress. But he admitted that it has been a practice that there are two representatives from Congress who have half a vote each or take turns in voting.
But recent JBC members from Congress have one vote each as confirmed by Tupas.

[Manila-X]

25 out of 71 join race for SC chief
By Tetch Torres
INQUIRER.net
8:21 pm | Monday, July 2nd, 2012

http://newsinfo.inquirer.net/222135/...e-for-sc-chief

MANILA, Philippines—A total of 25 out of 71 nominees for the Chief Justice post have accepted their nomination, according to the Supreme Court list late Monday afternoon.
Monday is the deadline for the submission of applications and nominations for the vacant top SC position.

Aside from acting Chief Justice Antonio Carpio, the others who accepted their nominations are:

1. SC Associate Justice Arturo Brion
2. SC Associate Justice Teresita Leonardo De Castro
3. SC Associate Justice Presbitero Velasco
4. SC Associate Justice Roberto Abad
5. SC Associate Justice Maria Lourdes Sereno
6. Justice Secretary Leila De Lima
7. Professor Soledad Cagampang De Castro
8. Atty. Jose Manuel Diokno
9. Atty. Katrina Legarda
10. Atty. Rafael Morales
11. Dean Raul Pangalangan
12. Comelec Commissioner Rene Sarmiento
13. Retired Judge Manuel DJ. Siayngco Jr.
14. Dean Cesar Villanueva
15. Ex-San Juan Representative Ronaldo Zamora
16. Ferdinand Jose David Emmanuel Edralin Marcos Pijao Sr.
17. Atty. Vicente Velasquez
18. Dean Amado Valdez
19. Cagayan De Oro Representative Rufus Rodriguez
20. Manila RTC Judge Amelia Tria-Infante
21. Atty. Vincent Veloso
22. Presidential Commission on Good Government Andres Bautista
23. Securities and Exchange Commission Teresita Herbosa
24. Solicitor-General Francis Jardeleza

While those who declined the nomination are the following:

1. SC Associate Justice Diosdado Peralta
2. SC Associate Justice Mariano Del Castillo
3. SC Associate Justice Bienvenido Reyes
4. SC Associate Justice Estela Perlas Bernabe
5. SC Associate Justice Jose Perez
6. SC Associate Justice Lucas Bersamin
7. Court Administrator Jose Midas Marquez
8. Constitutionalist Fr. Joaquin Bernas
9. Senator Miriam Defensor-Santiago
10. Senator Franklin Drilon
11. Sandiganbayan Presiding Justice Francisco Villaruz
12. Court of Appeals Presiding Justice Andres Reyes
13. Cebu based Court of Appeals Associate Justice Gabriel Ingles
14. Appeals Court Justice Magdangal De Leon
15. Executive Secretary Pacquito Ochoa
16. Former Defense Secretary Gilberto Teodoro Jr.
17. Bureau of Internal Revenue chief Kim Jacinto-Henares
18. Labor Secretary Rosalinda Baldoz
19. Government Peace Panel Chief Negotiator Marvic Leonen
20. Public Attorney’s Chief Persida Rueda Acosta
21. Former Energy Secretary Raphael Lotilla
22. Dean Rodolfo Robles
23. Prosecutor Marianito Sasondoncillo
24. Integrated Bar of the Philippines President Roan Libarios
25. Former Ombudsman Simeon Marcelo
26. Veteran Journalist Teodoro Locsin Jr.
27. Former Senator Rene Saguisag.
28. Former Solicitor General Francisco Chavez

Two have been disqualified, an applicant for being a non-lawyer and a nominee for being overage.

Monday is the deadline for the submission of nomination for the Chief Justice post. The JBC will start screening applicants on July 3.

The JBC said the deadline for the submission of other documentary requirements for the Chief Justice post is up to July 17.

[amigo32]

bayad utang na ba si Pnoy?

[-SNPKLSDMBLDR-]

pakapalan na lang ng mukha, walang delicadeza ang ibang CJ nominees.

[coldfire083]

magpapaparty ang NPA kapag si De Lima ang naging Chief justice.

[absinthe_888]

IMO, this will be the most important decision The One will ever do in his entire presidency (kahit meh 4 years pa sha).

[Parchie]

Take out those names of those who are known to be irreprehensible. Guess you will find most names listed in those who declined!

[wino]

Originally Posted by coldfire083

magpapaparty ang NPA kapag si De Lima ang naging Chief justice.

kinakabahan ako sa mangyayari kung si De Lima ang manalo..
(not that she's going after me... )

I just don't find her trustworthy.. makes me think more of her past actions as "just for show."

Kahina-hinala talaga... hmmmmm....

pede na bang ciang kasuhan ng advanced Impeachment for "betrayal of public trust" even during nomination palang.. - coz I really DO NOT TRUST her!

[absinthe_888]

Alam na.

[Biarway]

Walang hiya. Maganda yung papalit na chief justice 'di yung mukhang media na katulad n'ya. Mas maganda yung mga 'di pa naririnig ng mga common people tapos 'di napapabalita related sa pulitika pero may sapat na credentials. Kapal ng mukha ng de lima na yan.

[Manila-X]

De Lima should first learn how to fall in line especially buying her groceries

[-SNPKLSDMBLDR-]

Oinkquirer, the unofficial government broadsh!t campaigning for De Lima? why am I not surprised?

[wino]

Yeah... can you see the subtle message of the headline?...
that is what I call a modus campaign!
shame shame shame!!!
specially to Ms. De Lima... garapalan na..


God Bless us All.