The Judicial Branch of Government

[NOVO ECIJANO]

http://http://manilatimes.net/index....-weak-justices


Plunder complaint vs. GMA weak – justices


THE plunder complaint filed by the Office of the Ombudsman against former president and now Rep. Gloria Arroyo of Pampanga province over her alleged involvement in the P366-million Philippine Charity Sweepstakes Office (PCSO) intelligence fund scam is “dismissible” and may be intended for President Benigno Aquino 3rd’s State of the Nation Address (Sona) on July 23, according to justices who refused to be identified.

One justice, who spoke to The Manila Times on condition of anonymity, said that there was clearly no “plunder” in the complaint filed against Mrs. Arroyo since the elements needed to prove the crime are not there.

The justice explained that for one to be charged with plunder, the accused should “amass wealth” through a series of transactions. But in Arroyo’s case proof of these transactions is absent.

The justice also said that the information signed by Ombudsman Conchita Carpio-Morales is defective.

“Kalinaw-linaw na mahina ‘yung kaso. Walang plunder diyan sa information. Pang-Sona lang iyan [It’s so clear that the case is weak. There is no plunder in the information. That’s only for the [Sona],” the magistrate said.

[amigo32]

Oh, that's bad for Noy's report

wala syang magandang maibalita

[absinthe_888]

Arroyo set to post P1 million bail
Yahoo! Southeast Asia NewsroomBy Thea Alberto-Masakayan |
Yahoo! Southeast Asia Newsroom – 25 minutes ago

Former president and Pampanga Representative Gloria Macapagal-Arroyo is set to file a P1 million bail for her poll fraud charges, one of her lawyers said Wednesday.

Lawyer Ferdinand Topacio told Yahoo! Southeast Asia that the Pasay Regional Trial Court Branch 112 under Judge Jesus Mupas has approved the former president's petition for bail.

"We don't have any other outstanding warrant, although there is a hold departure order for plunder," said Topacio.

Arroyo has been under hospital arrest at the Veterans Memorial Medical Center (VMMC) for bone ailments since late last year.

Topacio said once the bail has been posted, Arroyo may seek medical treatment or go home.

"We don't know yet, but the priority is to post bail. After that she may be be seeking medical treatment for her condition," Topacio said.

[kalbongdad]

goodbye to the ambitions of de lima to be the next chief justice.....

[KnightOfTheFlag]

Dapat hindi maging CJ yang si De Lima, delikado eh meron syang sariling interpretasyon sa batas..

[3cr]

Sandiganbayan: Gloria Arroyo cannot leave PHL, must face plunder charges
GMA News
July 24, 2012
http://www.gmanetwork.com/news/story...lunder-charges

The Sandiganbayan, the constitutional anti-graft court, has issued a hold departure order (HDO) against former President and now Pampanga Representative Gloria Macapagal-Arroyo and nine other persons accused of plunder of P365 million of Philippine Charity Sweepstakes Office (PCSO) funds.

In filing the case, the Office of the Ombudsman said it observed “a pattern, not only of misuse or raid… but also of illegal conveyance or disposition of cash advances” amounting to P365 million from the PCSO.

The other former officials of the PCSO and the Commission on Audit who were charged with plunder last July 16 and also issued HDOs Tuesday, July 24 are:
• Sergio Valencia, former PSCO Board chairperson
• Rosario Uriarte, former PSCO General Manager
• Manuel Morato, former PCSO Board member
• Jose Taruc, former PCSO Board member
• Raymundo Roquero, former PCSO Board member
• Ma. Fatima Valdes, former PCSO Board member
• Benigno Aguas, former PCSO budget officer
• Reynaldo Villar, former COA chairperson, and
• Milda Plaras, former COA intelligence officer.

This is the first plunder case against Mrs. Arroyo since she left the presidency. She is under hospital arrest at Veterans Memorial Medical Center in Quezon City on charges of electoral sabotage.

The Ombudsman had also filed graft cases against the ex-President for the botched national broadband deal with Chinese firm ZTE.

"Phantom" funds

The plunder case stemmed from a complaint Bayan Muna Representatives Teodoro Casiño and Neri Colmenares filed last year against Mrs. Arroyo and Uriarte.

The lawmakers accused the two officials of diverting and malversing at least P325 million in PCSO funds to “phantom” intelligence funds not subject to regular auditing in 2010.

In their complaint, Casiño and Colmenares also said the amount was “most likely used for partisan electoral purposes" because 2010 was an election year.

In a Senate probe last year, Uriarte said Mrs. Arroyo allowed the release of the PCSO funds. The PCSO official said the money was used for the agency’s nationwide small town lottery project and as blood money for Filipinos who are in Saudi Arabia’s death row.

Under Republic Act 7080, a public official can be charged with plunder if he or she “accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts" amounting to at least P75 million.

[wolfram74]

Gloria Arroyo out on bail



MANILA, Philippines (July 25 2012) - Former President and now Pampanga Rep. Gloria Macapagal Arroyo waved at her cheering supporters as she arrived at the La Vista Subdivision in Quezon City, hours after she was ordered released from hospital detention on Wednesday afternoon.

Mrs. Arroyo was released from her detention room at the Veterans Memorial Medical Center (VMMC) after a Pasay City court judge allowed her to post a P1 million bail in connection with her electoral sabotage case.

The convoy of the former president, escorted by policemen and followed by several media vehicles, entered the La Vista Subdivision shortly before 3:30 p.m.

"Nagpapasalamat kami at nakauwi na rin siya. Siyempre ang katarungan ay nananaig pa rin sa ating bayan. Hindi naman talaga malakas ang kanilang ebidensya kaya naman po nakapagpiyansa ang dating pangulo," said Elena Bautista-Horn, spokesperson of the former president.

Horn said that the former president was very excited to return to her home province of Pampanga.

She said that the former president's lawyer are also preparing for her defense on the plunder case filed against her by the government regarding the alleged misuse of the Philippine Charity Sweepstakes Office's intelligence fund during her administration.

Despite the release order, Mrs. Arroyo cannot leave the country because of a pending hold-departure order issued against her in connection with the plunder case filed by the Office of the Ombudsman before the Sandiganbayan, which has yet to issue an arrest order against the former president.

Angry mob

Shortly before 3 p.m., the convoy slipped past a mob of angry protesters through the Gate 2 of the VMMC, where the former president spent the last seven months in detention.

A large group of protesters tried to block the convoy as it was making its way out of the VMMC. An orange pickup truck was even used by the protesters to block the convoy.

Mrs. Arroyo was ordered arrested in December last year on charges of electoral sabotage in connection with the alleged massive cheating during the 2007 mid-term elections.

Earlier, Mrs. Arroyo came out of the VMMC's presidential suite while holding a young boy, probably one of her grandchildren. She was then escorted to a waiting white coaster and went for a brief prayer at the government hospital's chapel.

Before the former president left the presidential suite, lawyer Ferdinand Topacio announced in his Twitter account that the former president has been "officially released." Topacio was at the VMMC witnessing the serving of the release order issued by Pasay City Regional Trial Court Branch 112 Judge Jesus Mupas.

"CGMA officially released. Everyone singing 'Please release me, let me go," Topacio announced in his Twitter account @FerdieTopacio.

He also announced that Mrs. Arroyo will be transferred to her home at the La Vista Subdivision in Quezon City, where she will join former first gentleman Jose Miguel Arroyo.

Mrs. Arroyo was ordered released after posting a P1 million cash bond at the Pasay City Regional Trial Court (RTC).

After the posting of the cash bond, Mupas signed the release order for the former president.

From the Pasay RTC, Court Sheriff Rodelio Buenviaje went to the Philippine National Police's national headquarters in Camp Crame, Quezon City, to serve the release order to Chief Superintendent Wilhelm Barles.

Shortly before 2 p.m., Buenviaje was already back at the VMMC to serve the release order.

The order was also addressed to Dr. Nona Legaspi, director of the VMMC.

"You are hereby directed to discharge from custody the person of Cong. Gloria Macapagal ARroyo," the order stated.

Mrs. Arroyo's lawyer posted the cash bond after Mupas sign a resolution on Tuesday, granting the former president's petition for bail.

Weak case

Court spokesperson Celda Domingo said that Mupas granted the bail petition after finding that there were no strong evidence presented by the Commission on Elections (Comelec) that would prove Arroyo's direct involvement in the massive cheating during the 2007 elections.

"The evidence against GMA (Gloria Macapagal Arroyo) is not as strong as [those presented against] Bedol and Ampatuan," Domingo said in media briefing after the court issued the omnibus order on the case.

The former president was ordered arrested and detained at the VMMC in December last year. She was charged with electoral sabotage in connection with the alleged massive cheating in the 2007 elections.

Domingo, meanwhile, said that the bail petitions of former Maguindanao governor Andal Ampatuan Sr. and former election supervisor Lintang Bedol were denied because they were directly implicated by prosecution witness Norie Unas in the alleged rigging of the 2007 elections.

Domingo said the Comelec lawyers handling the case can file a motion for reconsideration on the decision.

Several groups trooped to the Veterans Memorial Medical Center in Quezon City where former president Gloria Macapagal-Arroyo when they heard the news of the Pasay City granting her to post a P1 million bail for the electoral sabotage case.

Members of the militant group Bayan gathered in one of the gates of the VMMC to protest the granting of bail to Mrs. Arroyo.

Bayan secretary-general Renato Reyes Jr. said that aside from the electoral sabotage case, the government seems to have been filing weak cases against the former president. (From Philstar.com)


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ahh...Justice ilabas na kasi ang kahon-kahong ebidensiya at nang ma-convict na yan (kung may sala talaga)

[wolfram74]

Cayetano not surprised by Arroyo release


MANILA, Philippines - Sen. Alan Peter Cayetano on Thursday said he is not surprised that a lower court judge granted the bail petition of former President Gloria Macapagal Arroyo.

Cayetano said any judge can grant bail even in a non-bailable offense if the evidence in the case is weak. He said the granting of bail showed the court's independence.

He said the Department of Justice and Commission on Elections should wake up, focus on the investigation, and stop relying on former Maguindanao provincial supervisor Norie Unas as their main witness in the electoral sabotage case.

Judge Jesus Mupas granted Mrs. Arroyo's bail petition in the electoral sabotage case filed against her. This allowed Mrs. Arroyo to leave hospital detention at the Veterans' Memorial Medical Center after posting a P1 million cash bond.

Cayetano said Mrs. Arroyo's release is a temporary setback but noted that the entire case could be dismissed if prosecutors fail to switch tactics.

The senator, meanwhile, said he is talking with Sen. Koko Pimentel about the reopening of the investigation on the 2007 poll cheating. He said a previous investigation on the poll fraud produced factual evidence that was used in other inquiries. -- Report by Gretchen Malalad, ABS-CBN News

[3cr]

Minions link to brains — Cayetano
Journal Online
http://www.journal.com.ph/index.php/...o-brains--alan

INSTEAD of focusing on the alleged brains behind the 2007 poll cheating, the Department of Justice and the Commission on Elections must go after the supposed “minions” of these masterminds so that investigators can establish a “direct link” to those involved in the reported sabotage of the 2007 political process.

Senate Minority Leader Alan Peter Cayetano stressed this yesterday as he expressed disappointment over the apparent inability of the DoJ and Comelec to come up with a strong electoral sabotage case against former President now Rep.Gloria Macapagal-Arroyo which promoted the Pasay Regional Trial Court (RTC) to grant her bail

He likened the electoral sabotage case against Arroyo to a patient in the intensive care unit (ICU). “Ang kaso na ito ay parang nasa ICU. Hindi pa patay ito dahil meron pang trial. Mayroon pang pagkakataon ang prosecution na ibigay ang lahat ng ebidensiya. The DoJ and Comelec are not limited to what kind of evidence they want to present,” Cayetano said in a forum.

“Ang problema ‘di nila (DoJ and Comelec) itinuloy imbestigasyon sa mga galamay. They alleged that GMA (Gloria Macapagal-Arroyo) was the mastermind. Ang hirap talaga patunayan ‘yan. Dapat kasuhan ang galamay sa ilalim para magkaroon ng direct link. Ang advice ko, magkaroon ng case build-up,” he said.

“I’m hoping that they will give full attention to these cases. Hindi sapat na nakulong lamang dahil kinasuhan. Ang importante, tama at sapat ang ebidensya para ma-convict!,” Cayetano said in a separate interview

[3cr]

Palace vows to continue graft fight
Journal Online
July 26, 2012
http://www.journal.com.ph/index.php/...ue-graft-fight

MALACAÑANG accepts the decision of the Pasay City Regional Trial Court to allow former President and now Pampanga Rep. Gloria Macapagal Arroyo to post bail and gain temporary liberty after eight months of hospital arrest but stressed that will not stop the Aquino administration’s fight against grafters.

Yesterday, Mrs. Arroyo left the Veterans Memorial Medical Center in Quezon City after posting the P1 million bail. She walked out of her suite at the VMMC at 2:30 p.m., still wearing a neck brace and then boarded a mini bus inside the VMMC compound. Arroyo's belongings were also loaded into a vehicle.

The bail granted to Mrs. Arroyo came a day after President Benigno Aquino emphasized that the filing of graft charges against Mrs. Arroyo is victory for his administration’s anti-graft efforts and campaign for justice.

“The fight against corruption continues. We will still go after people who have been found to have plundered the nation’s coffers. That’s the reason why there is a PCSO case still before the Sandiganbayan. This will not dampen our resolve to file and to continue to institute corruption cases against responsible officials,” said presidential spokesperson Edwin Lacierda .

“Whatever the decision of the court is, we recognize, because it was a court which had ample jurisdiction to hear the case,” Lacierda said.

“When a case was filed already before the courts, of course, there’s always a 50/50 chance that it would be granted, it would not be granted. So when we heard today, this morning, that the court granted the petition for bail, all we have to do is just recognize that it happened so we move on,” he added.

Lacierda said the Pasay RTC’s decision proves that the Palace does not control the judiciary and that it respects its independence.

“The fact is na binigyan po ng piyansa ni Judge Mupas, pinapakita rin po rito ang kasarinlan ng judiciary. Ang sinasabi nila, hawak na po ng executive branch ang judiciary. Nagpapatunay po ito na ginagalang po namin ang kasarinlan ng judiciary,” he said even as he would not admit that the electoral sabotage case against Mrs. Arroyo is weak.

The Palace now awaits the developments in the non-bailable plunder case against Mrs. Arroyo over the alleged misuse of funds of the Philippine Charity Sweepstakes Office.

Lacierda believes that the plunder case against Arroyo is strong, pointing out that Ombudsman Conchita Carpio-Morales is strict in evaluating evidence.

“I would assume—and this is based on my own assumption—based on her history of filing, dismissing, and diminishing charges against government officials, I would assume that this is a strong case. Otherwise, she would not have pursued this case against the former President,” the Palace spokesman said.

He said the Palace had no hand in the Sandiganbayan’s issuance of a hold departure order around the time that Arroyo was allowed to post bail.

“It would be too presumptuous for us, because we have no say, we have no discretion, we have no control over the judiciary.”

[wolfram74]

Justice prevails! ilabas muna ang kahon-kahong ebidensiya


Breaking news: Court stops plunder hearing vs Arroyo
Rappler.com

MANILA, Philippines (UPDATED) - The Sandiganbayan on Friday, July 27, decided to stop hearing the plunder case against former President Gloria Macapagal-Arroyo, ordering the Ombudsman to respond to her motion for reconsideration.

In a decision, the court also said it will not issue an arrest warrant against Mrs Arroyo, according to Rappler sources in the Sandiganbayan.

This means that the court ruled in favor of an earlier motion filed by Mrs Arroyo that the Sandiganbayan suspend further proceedings on the plunder case and not issue a warrant against her pending an appeal she filed with the Ombudsman.

The court's first division held a hearing on this matter Thursday, July 26. In that hearing, the Ombudsman asked the court to immediately issue a warrant against the former president.

But in its 6-page resolution Friday, the Sandiganbayan's first division said that the Ombudsman should address the motion for reconsideration that the Arroyo camp filed with the Ombudsman on July 25.

It's a technical matter because the Arroyo camp filed a motion for reconsideration with the Ombudsman, according to a lawyer we consulted to explain.

Arroyo's lawyers complained in their motion that they got a copy of the plunder case filed against the former president and 9 other ex-public officials only on July 20. The Office of the Ombudsman filed the suit July 16, while Ombudsman Conchita Carpio-Morales signed the resolution recommending the filing of the plunder complaint as early as July 13, the lawyers said.

The Sandiganbayan also decided to strike out from court records the statements of Lorna Kapunan, a private prosecutor representing one of the complainants in the plunder case.

During Thursday's hearing, Mrs Arroyo's lawyers questioned Kapunan's presence before the court due to her lack of "personality" to represent the people of the Philippines in the case. In an interview, however, Kapunan noted the case involves public funds, and she, as a tax payer, has a right to represent the complainants.

Kapunan asserted the case should proceed in line with Mrs Arroyo's right to a speedy trial. (Watch more in the video below)

The court's ruling removes the likelihood of Arroyo's return to detention, a scenario that was first raised when the Ombudsman asked for the issuance of an arrest warrant against her.

A Pasay court on July 25 ordered the release of Mrs Arroyo after she posted a P1-M bail in an electoral sabotage filed against her in November 2011. The Pasay court found the evidence presented by the Commission on Elections against her weak.

On the same day, Arroyo's lawyers went to the Ombudsman to file a motion for reconsideration regarding the plunder case, a non-bailable offense.

The Ombudsman's plunder suit accuses Arroyo and 9 other former public officials of misusing the charity funds of the Philippine Charity Sweepstakes Office during the latter years of her administration. - Rappler.com

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naku pwenoy! tigilan mo na yang obsession mo kay Gloria. magtrabaho ka na.

[doctor joe]

maganda tong nangyayari...

[amigo32]

nakita ko lang sa FB

[red_jasper]

'kala ko tuloy sarado ang Executive kaya dito mo pi-nost...

[amigo32]

ay mali ba, haha nadulingski ata ako, ipagpaumanhin

applicable to all naman ata to kahit sa samahan

[wolfram74]

Originally Posted by kalbongdad

goodbye to the ambitions of de lima to be the next chief justice.....

IBP denies De Lima’s motion to dismiss disbarment cases


The IBP Board of Governors resolved to deny Secretary Leila De Lima’s motions to summarily dismiss her disbarment cases.

This places her candidacy as the next chief justice of the Supreme Court in jeopardy as the Judicial and Bar Council had earlier mandated that the nominees’ pending cases should be dismissed before August 2, Thursday.

In a resolution adopted in a special meeting held on July 28, the board also directed the Investigating Commissioner to proceed with the formal investigation of the disbarment case in accordance with the rules of the disbarment.

Integrated Bar of the Philippines president Roan Libarios told GMA News Online that the resolution has been sent to the JBC and concerned parties.

Thursday

Meanwhile, JBC academe representative Jose Mejia Monday said Monday that De Lima and Commission on Elections Commissioner Rene Sarmiento, who also has a case filed against him, have until Thursday to have their pending cases dismissed.

They will be disqualified as candidates for the chief justice post, otherwise

“[On De Lima and Sarmiento’s pending cases,] the reckoning period is the date of the voting,” Mejia told GMA News Online via text.

The JBC is to vote on Thursday to decide on the candidates that shall be included in the ‘shortlist’.

The President will appoint the country’s 24th chief justice from the list.

The Justice Secretary had filed a seven-page letter last Friday asking the JBC to disregard the disbarment cases, which she earlier tagged as harassment cases.

De Lima has two pending disbarment cases against her—one filed by Attorney Agustin Sundiam and the other by Attorney Ricardo Rivera.

Sundiam accused De Lima of publicly encouraging the bashing of Corona. While, Rivera wanted her disbarred for her defiance of a Supreme Court-issued temporary restraining order allowing former President Gloria Macapagal-Arroyo to travel abroad late last year.

Commissioner Sarmiento’s case before the Office of the Ombudsman dates back to the 2010 automated national elections.

Ma. Cristina Agustin and Nelson Selis of the Philippine Computer Society have accused Sarmiento of being involved in an alleged anomalous purchase of computers.

Section 5 of Rule 4 of the Rules of the JBC (JBC-009) bars a person from vying for posts in the judiciary and in the Office of the Ombudsman if he or she:

- has a pending criminal or regular administrative cases;
- has a pending criminal cases in foreign courts or tribunals; and
- has been convicted in any criminal case; or in an administrative case, where the penalty imposed is at least a fine of more than P10,000; unless he has been granted judicial clemency. — DVM, GMA News

[wolfram74]

De Lima's father dies

MANILA, Philippines - The father of Justice Secretary Leila de Lima died on Monday, July 30, a member of her staff said. He was 83.

A former commissioner of the Commission on Elections, Vicente B. de Lima died of colon cancer. A lawyer, he served at the Comelec from 1992 to 1994 under chairman Christian Monsod.

Secretary De Lima took an indefinite leave two weeks ago to attend to him.

[Parchie]

Originally Posted by wolfram74

De Lima's father dies

MANILA, Philippines - The father of Justice Secretary Leila de Lima died on Monday, July 30, a member of her staff said. He was 83.

A former commissioner of the Commission on Elections, Vicente B. de Lima died of colon cancer. A lawyer, he served at the Comelec from 1992 to 1994 under chairman Christian Monsod.

Secretary De Lima took an indefinite leave two weeks ago to attend to him.

Delikado talaga yang colon cancer na yan!

[Manila-X]

Carpio, chief justice nominees’ fate known today
By Tetch Torres
INQUIRER.net
9:28 am | Friday, August 10th, 2012

MANILA, Philippines — The Supreme Court will push through with its special en banc (full court) session this Friday to discuss the disbarment complaint against acting Chief Justice Antonio Carpio.

This will precede the deliberation and voting of the Judicial and Bar Council (JBC) for the shortlist of candidates to be submitted to President Benigno Aquino III.

Carpio was slapped with a disbarment complaint by anti-crime crusader Lauro Vizconde who accused him of allegedly using his influence to secure appointments to essential government posts.

Vizconde also accused Carpio of allegedly lobbying for the Supreme Court’s reversal of a lower court decision to convict Hubert Webb and his co-accused over the death of his wife Estrellita and daughters Carmela and Jennifer Vizconde.

Meanwhile, Iloilo Representative and ex-officio JBC member Niel Tupas said they would determine if Justice Secretary Leila DeLima, Presidential Commission on Good Government Andres Bautista, Solicitor-General Francis Jardeleza and Securities and Exchange Commission Chairperson Teresita Herbosa should be disqualified because of pending cases that have been filed against them.

He said the JBC would also await the high court’s ruling on Carpio.

The high court’s special en banc session and JBC deliberation were originally scheduled last Wednesday but were reset due to heavy rains and floods that hit Metro Manila.

[wolfram74]

very good news indeed


JBC disqualifies de Lima; 8 names in shortlist

MANILA, Philippines – The Judicial and Bar Council disqualified Justice Secretary Leila de Lima for the Chief Justice post due to two pending disbarment cases filed against her, a member of the JBC said on Monday.

Eight names now make up the shortlist by the Judicial and Bar Council for the position of Supreme Court Chief Justice, JBC member Jose Mejia said.

The eight names are:

Acting chief Justice Antonio Carpio
Supreme Court Associate Justice Roberto Abad
Supreme Court Associate Justice Maria Lourdes Sereno
Supreme Court Associate Justice Arthuro Brion
Solicitor General Francis Jardeliza
Former San Juan Representative Ronaldo Zamora
Supreme Court Associate Justice Teresita Leonardo de Castro
Former Ateneo Law Dean Cesar Villanueva


(snipped)