The Judicial Branch of Government

[wolfram74]

Advice to next CJ: Don't tamper with Luisita ruling

MANILA, Philippines - Here's some unsolicited advice for the next Chief Justice - don't tamper with the Supreme Court's decision on the distribution of Hacienda Luisita.

This was the plea of the Unyon ng mga Manggagawa sa Agrikultura (UMA) and the Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (AMBALA) ahead of President Aquino's appointment of the next Chief Justice.

UMA Secretary General Rodel Mesa said any attempt to reverse the SC's ruling on the Luisita case would degrade the credibility of the so-called court of last resort.

"Social justice must adhere. We will assert for the actual and physical distribution of Hacienda Luisita to its 6,296 beneficiaries," Mesa said in a statement.

The two groups also expressed reservations about the nominations of acting Chief Justice Antonio Carpio, Associate Justice Ma. Lourdes Sereno and Solicitor General Francis Jardeleza.

The Judicial and Bar Council is set to vote today on the final shortlist of CJ nominees to be submitted to President Aquino.

"We firmly believe that Carpio, Sereno and Jardeleza would betray the farm workers interest if one of them becomes the next chief justice," Mesa said.

"But the Hacienda Luisita farm workers are ready to take on the challenge if they were successfully landed on the JBC's short list and handpicked by the president to do his bid as the next CJ. We will oppose the next CJ's will if it against the immediate, actual and physical distribution of Luisita to its farm worker beneficiaries."

Penoy:

Kristeta:

yellow fans:

Lechon de Lima:

[absinthe_888]

Ewan ko, pero I feel this whole de5 for CJ campaign is just a big zarzuela para maging palatable ang pagappoint kay Carpio.

[expatdingdong]

tax payers, get ready for your tax money of billions to be paid to Cojuangco Aquino............

omg Philippines.... what a big circus the politicians are putting up for you

[-SNPKLSDMBLDR-]

mukhang diversion lang si De Lima para magmukhang independent ang judiciary pero may napili na talaga ang mga dilaw na bagong CJ.

[Manila-X]

Editorial
Disqualifying De Lima
Philippine Daily Inquirer
9:43 pm | Wednesday, August 15th, 2012

Justice Secretary Leila de Lima was not included in the Judicial and Bar Council’s short list of nominees for chief justice—and she wants you to know she feels bad about it.

De Lima did not go out of her way to unburden herself in public, but when she was asked by reporters how she felt about being disqualified by the JBC, she did not hold back. “Why was I singled out for disqualification? That’s what I want to ask,” she said the day the short list was announced. The following day, she again responded to reporters’ questions by alleging that the Supreme Court, the Integrated Bar of the Philippines and the JBC had together conspired against her. “Anybody but De Lima, that’s my feeling,” she said.

She was referring to the series of decisions that led to her disqualification: the Supreme Court acting on her disbarment cases only after she had been nominated, the IBP resolving to proceed with the cases despite her protestations, the JBC finally, belatedly, agreeing to disqualify her according to its rules, after repeated attempts by a Malacañang lawyer in the JBC to suspend the provision on disqualification.

It was those disbarment cases that disqualified her but, in an important sense, her own legal career may itself have been a disqualification. Firstly, the justice secretary did nothing to disguise the common perception that she was President Aquino’s preferred choice—in her own words, “the belief that I am the favored candidate of the Palace”—even though it cast an unfortunate shadow over the entire selection process.

This may have simply been a lawyer’s trick, part of the standard technique to get a judge’s attention (with the JBC serving as judge in this case), but coming right after the first successful impeachment and conviction of a chief justice in our history, the trick served only to focus more attention on the lawyer herself.

It is altogether possible that De Lima would have displayed the same feistiness of spirit, the same independence of judgment, that have marked her career, if she had been appointed to head the judiciary, but who wants to risk that bet?

Secondly, De Lima is perhaps vocationally ill-suited for the post of chief justice. She was—is—a natural prosecutor, someone any client would want arguing his or her case, someone who takes the (legal) fight to the other party. Indeed, she rose to national prominence because of her work as a scrappy election lawyer, one of the three or four best in that narrow but high-profile specialty. She reinforced that reputation as a fighter who did not shrink from confrontation—palaban, in the choice language of the street—when she was appointed chair of the Commission on Human Rights by President Gloria Macapagal-Arroyo.

None of this is to say that prosecutors are out of place in the Supreme Court. Many lawyers who ascend to the high court have spent considerable time in litigation; some outstanding prosecutors have even become chief justice—with the national hero Jose Abad Santos, whom Japanese occupation forces executed during World War II, at the top of that list. (Some of the best-known justices of the US Supreme Court, too, established their legal reputation as prominent prosecutors, a long line that includes Louis Brandeis, Robert Jackson and Thurgood Marshall.)

But De Lima in the high court would have had to temper her scrappiness; De Lima as chief justice would have had to moderate her prosecutorial instincts. One of the vital responsibilities of a primus inter pares in a collegial body, after all, is to constantly forge a consensus.

Which brings us back to De Lima’s “natural” reaction to the disappointing news. It was precisely that—a natural tendency to show that one is upset, to cry out in anguish, to shift the blame.

But it is the lot of a jurist to accept limits on his or her conduct, because of the longstanding tradition that judges must not only be impartial; they must also appear to be impartial. So to accept an appointment to the Supreme Court is to immediately curtail one’s scope of activities: to avoid many social gatherings, to rise above politics, to stop from indulging one’s fears and suspicions in public. In this stark light, De Lima’s outburst was unbecoming.

[Eastern Dragon]

Originally Posted by absinthe_888

Ewan ko, pero I feel this whole de5 for CJ campaign is just a big zarzuela para maging palatable ang pagappoint kay Carpio.

i think carpio has a very chance of becoming cj. sereno too young. abad, retiring already.

kasi, ayaw maniwala ng mga tao dito, last year ko pa sinasabi. on the impeachment, you guys were way way off. on the cj selection, i have been saying si carpio yan.

i could be wrong, but all of a sudden, carpio has 8 votes and came out on top.

carpio. enrile. angara. drilon. lahat yan mga sigma rho.

[absinthe_888]

Tumpak! The Rosig connection

Ang iksi talaga ng memory ng Pinoy no? Nakalimutan na talaga how The Firm benefited massively from Pandak's presidency. Nagkaron lang sila ng falling out on the last years of Pandak's tenure. Kung hindi naman nangyari yun, Pandak would have appointed Carpio as CJ instead of Corona.

Weather-weather lang talaga.

PS: Sec de5, PLEASE GET BACK TO WORK AS DOJ SECRETARY NA

[coldfire083]

Originally Posted by absinthe_888

Ewan ko, pero I feel this whole de5 for CJ campaign is just a big zarzuela para maging palatable ang pagappoint kay Carpio.

+99999 Yan din nasa isip ko.

[expatdingdong]

therefore fraternities are still very relevant and important.....

lawyers and law schools will always have frats regardless of incidents of death during hazing.... power of SIgma Rho....

[amigo32]

kawawa naman si De5
akala nya sya na,

[coldfire083]

Aquino 'not happy' with JBC shortlist

A television report quoted Aquino saying, he was "unhappy" with the JBC list.

Aquino said the JBC was unfair in its decision to consider other nominees while disqualifying others. Justice Secretary Leila De Lima, reportedly favored by Aquino, was disqualified by the JBC from the shortlist owing to pending disbarment cases with the Integrated Bar of the Philippines.

[KnightOfTheFlag]

Wow! daming publicity, media mileage and grandstanding noong naaresto mga previous admin officials...wheel of justice turning DAW, fight against corruption DAW, crime does not pay DAW....when the smoke and dust has settled, everybody turned sober and MEDIA GOT BUSIER ON OTHER MONEYMAKING STORIES lumalabas MAHINA ANG EBIDENSYA!! ...
in the end pnoy admin is really on a wild goose chase and witch hunt and not propelled or inspired by his so called "tuwid na daan " principle but VENDETTA POLITICS!

2 Years of chasing, HUMILIATING and castigating these people using government resources and TAX PAYERS MONEY....but when it all settles to a level playing field MAHINA PALA EBIDENSYA!!

Kamusta na PPP? in 2 years ilan na rolled out??...DALAWA LANG!!!!

Pasay RTC allows Abalos to post bail
By Dennis Carcamo (philstar.com) Updated August 17, 2012 02:30 PM Comments (0) View comments

MANILA, Philippines- The Pasay City court on Friday granted the request of former Commission on Elections chairman Benjamin Abalos Sr.to post bail for two counts of electoral sabotage.

In a resolution, Judge Jesus Mupas of the Pasay City Regional Trial court branch 112 ruled that the government has failed to establish Abalos's guilt in connection with the massive cheating during the 2007 national elections, a radio report said.

The Court also considered the advanced age of Abalos in granting his petition for bail, the report added.

After serving the decision to Abalos's camp, Court Sheriff Rodelio Buenviaje told members of the media who waited at the SPD that Judge Mupas also issued a hold departure order against Abalos.

Abalos is now detained at the Southern Police District Office detention facility.

"Ang nakalagay doon ay motu propio or on its own the Court issued the HDO to be furnished to the BUreau of Immigration and the Department of Foreign Affairs," Buenviaje said.

The Pasay court has set P500,000 bail for each count, or P1 million for the two counts of electoral sabotage case.

Meanwhile, Abalos's son, Mandaluyong City mayor Benhur Abalos Jr., said they expect that government prosecutors have no strong evidence to implicate his father to the case.

"Sa totoo lang, ever since iyon ang aming pananaw," the younger Abalos said in a radio interview.

He also assured the government that his father would not leave the country with or without the HDO after being allowed to post bail.

"Siya mismo ang sumurender sa husgado. Kung mawawala siya kahit ako na lang ang ikulong nyo," the younger Abalos said.

http://www.philstar.com/Article.aspx...CategoryId=200

[-SNPKLSDMBLDR-]

congrats Chief Justice Maria Lourdes Sereno!

[absinthe_888]

Grabe ang haaaaaaaaaaaaaaaaaaaaaaaaaaaba ng term ni CJ Sereno.

[red_jasper]

Justice Maria Lourdes P. A. Sereno

Lawyer-academician Maria Lourdes P. A. Sereno was appointed on August 16, 2010 as the 169th Justice of the Supreme Court. Born on July 2, 1960, the then 50-year old Justice is the youngest to be appointed to the SC in this century. She may also be one of the longest-serving justices ever, as she is to mandatorily retire in 2030 after serving a 20-year term.

Despite her family’s humble means, Justice Sereno’s parents were able to nurture in her a passion for learning and personal excellence during her formative years. Her father, a native of Siasi, Sulu, and her mother, a public school teacher, saved what little money they had to buy second-hand books that she would eagerly read. Her appetite for literature and reflection served her well during her primary schooling and enabled her to graduate with honors at the Kamuning Elementary School and Quezon City High School. She was then awarded generous scholarships by the government and several private institutions that allowed her to earn an Economics degree at the Ateneo de Manila University, and a Bachelor of Laws degree at the University of the Philippines.

More here

[xxxriainxxx]

What's her track record as a fair judge?

[wolfram74]

ehem...dissenting opinion on the high court's decision to lift the travel ban imposed by the government on PGMA??...remember??



daang matuwid FTW!

[RonnieR]

Originally Posted by absinthe_888

Grabe ang haaaaaaaaaaaaaaaaaaaaaaaaaaaba ng term ni CJ Sereno.

Who is she? I know that she is the new CJ but is she credible? I haven't heard of misdeeds or issues against her.

She will retire at 70 years old! born in 1960 and her term is until 2030.

[3cr]

Ma. Lourdes Sereno is new Chief Justice
InterAksyon.com
http://www.interaksyon.com/article/4...-chief-justice

MANILA, Philippines - As speculations swung between "insiders" and "outsiders", President Aquino has appointed as Chief Magistrate a sitting justice who was as close to being an outsider within the Supreme Court. Justice Ma. Lourdes Sereno was on Friday named the 24th Chief Justice of the Republic of the Philippines.

Sereno, 52, is the youngest member of the High Court. She was appointed by President Aquino in August 2010. She will potentially occupy the seat of Chief Justice until the mandatory retirement age of 70, giving her a potential 18-year-term.

Sereno beat out seven other candidates, namely Acting Supreme Court chief justice Antonio Carpio; associate justices Roberto Abad, Arturo Brion, and Teresita Leonardo De Castro; Solicitor General Francis Jardeleza, ex-Ateneo Law School Dean Cesar Villanueva and former congressman Ronaldo Zamora.

"In the midst of this period of deep mourning for the loss of Interior and Local Government SecretaryJesse Robredo, the President is cognizant of his constitutional duty to appoint the next Chief Justice of the Philippines," presidential spokesman Edwin Lacierda said on Friday.

"The President is confident that Chief Justice Sereno will lead the judiciary in undertaking much-needed reforms. We believe the judicial branch of government has a historic opportunity to restore our people’s confidence in the judicial system," Lacierda added.

Sereno was Aquino's first appointee to the Supreme Court and the youngest among the nominees to replace Chief Justice Renato Corona.

Sereno completed her law degree at the University of the Philippines in 1984 as Class Valedictorian and cum laude. She took up AB Economics at the Ateneo De Manila University where she graduated in 1980.

Sereno obtained her post-graduate degree at the UP School of Economics and in 1993, she completed another masteral degree, this time, Master of Laws, at the University of Michigan, Michigan, USA.

Sereno started her career in private practice as a junior associate of the Sycip Salazar Feliciano and Hernandez law firm in 1986.

Starting in1994 up to 2008, she served as legal counsel of various government offices such as the Office of the President, Office of the Solicitor General, Manila International Airport Authority, and the Department of Trade and Industry. She also previously headed the Information and Public Division office of the UP Law Complex.

[wolfram74]

Sereno is one of the high court justices who pushed for a higher compensation for the Cojuangcos in the Hacienda Luisita ruling.

Sereno, in her opinion on the high court’s Hacienda Luisita ruling, said that the valuation of the land should be based on current fair market value, at the time HLI was issued a Notice of Coverage on Jan. 2, 2006.

If the valuation of the land would be based on the 2006 fair market value, HLI would have to be compensated some P10 billion for the total 4,915.7466 hectares up for distribution.

http://newsinfo.inquirer.net/257098/...-chief-justice