The Judicial Branch of Government

[expatdingdong]

18 years as Chief Justice....... equals

18 years of protection to the Cojuangco Aquino clan and interests
18 years of new delay in Cojuangco Aquino cases

removing monster Corona to install a new monster who has such a long term

Good job Pnoy, from your family

[3cr]

Kudos go to new chief justice
Malaya
http://www.malaya.com.ph/index.php/n...-chief-justice

JUSTICE Secretary Leila de Lima said she expects a smoother relationship between the Department of Justice and the Supreme Court with the appointment of Maria Lourdes Sereno as new chief justice.

De Lima said while the judiciary and the executive branch are independent of each other, it does not mean the two branches of government should be “antagonistic” to each other.

“It has to really be cooperation, partnership to enhance and strengthen the judiciary as an institution and the justice system as a whole. Lahat naman kami part of the justice system,” De Lima said in an interview after the departure honors for the late Interior Secretary Jesse Robredo in Malacañang.

Sereno is President Aquino’s first appointee to the Supreme Court, and the first woman chief justice in the country. Sereno, 52, will be serving until 2030.

During a brief interview with reporters last Friday after the Palace announcement, Sereno vowed to be independent until the end of her 18-year term and said she would not mind staying that long. “I won’t get burned out because the past 52 years of my life have been fruitful, exciting.”

Farmers at the Cojuangco-Aquino family-owned Hacienda Luisita expressed fears Sereno’s appointment will derail the distribution of the 4,915-hectare sugar land to about 5,000 farm workers and beneficiaries.

In a joint statement, the Unyon ng mga Manggagawa sa Agrikultura (UMA) and the Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (Ambala) said that the Supreme Court might reverse its Nov. 22, 2011 ruling under Sereno’s watch.

In that ruling, the high court voted 8-6 with one abstaining, ordering the total distribution of HLI lands to registered beneficiaries using the 1989 valuation. This ruling was upheld by the court last April.

Among those who dissented was Sereno, who said that just compensation for the land should be computed based on its 2006 valuation, when the estate was first incorporated, contrary to the majority’s assertion that it should be computed using the land’s market value in 1989.

Hacienda Luisita farmers groups said Sereno’s appointment is a slap on the judicial system.

Sen. Edgardo Angara debunked talks the High Court would be an Aquino court with Sereno at the helm.

“All chief justices are appointed by the President, mostly by the incumbent president or the previous administration. That is the process but not automatically, she will become the surrogate of the appointing power,” he said.

“It is very different when you are there. You are much more aware of the autonomy and independence, and the projection of independence you must provide the public because at stake here is the credibility and reputation of the Court,” he also said.

Angara also said he believes Sereno could institute “radical” reforms in the judiciary.

Angara advised Sereno to take extra efforts to “reach out” to others. “No matter how brilliant a person is, he or she cannot implement reforms well without reaching out to one’s peers, if only to marshal more support for such reforms,” he said.

[3cr]

Sereno Steps Into History
Manila Bulletin
http://www.mb.com.ph/articles/371229...s-into-history

MANILA, Philippines — When Ma. Lourdes P. A. Sereno enters the Supreme Court’s chambers on Tuesday, she will be walking into history.

Sereno will preside over the tribunal as the country’s first woman Chief Justice and looms as the Chief Justice with the longest term.

She was appointed by President Benigno S. Aquino III last Friday to the post left vacant with the conviction of Renato Corona in a Senate impeachment trial in May.

As Chief Justice, Sereno also heads the Supreme Court’s First Division, the Presidential Electoral Tribunal (PET) and the Judicial and Bar Council (JBC), which is expected to meet soon to accept nominations for Sereno’s replacement as associate justice.

Under the Constitution, the President has 90 days or until November 22 to appoint a new associate justice.

Sereno was the President’s first appointee to the SC. He had also named Justice Bienvenido L. Reyes and Justice Estela Perlas Bernabe – both of whom came from the Court of Appeals.

Based on seniority, Senior Justice Antonio T. Carpio will still chair the Second Division, and Justice Presbitero J. Velasco Jr. remains the chairman of the Third Division.

Sereno was chosen by the President from a list of eight nominees submitted by the JBC. At age 52 she won’t be retiring until she reaches 70. That means she will be Chief Justice for 18 years or until 2030.

The court starts its weekly en banc session today with more than 100 items on the table that had piled up in the past two weeks while it waited for a new Chief Justice to be named.

After her oath-taking on Saturday, Sereno gave the assurance she will not be beholden to the President.

“I am a servant of the public, and if asked to lead the judiciary, I would also be a steward of public treasures and of the lives of the men and women who made service in the judiciary their career,” former Chief Justice Artemio V. Panganiban quoted her as saying during her JBC interview:

“The judiciary must regain the trust of our people, so that Congress can entrust to it the funds to make the delivery of justice efficient and their families secure. I hope to regain that trust by presenting myself as a leader worthy of trust, and my work and my life as proof that the people’s trust will not be misplaced,” Sereno said.

“To demonstrate that we in the judiciary have no skeletons to hide,” she promised to “disclose to the public our case disposal rate; official reports on our budget and COA’s audit of our expenditures; the state of our various funds, including support funds from the donor community; and I will in consultation with the community, set key result areas with milestone dates by which we will measure our performance.”

Yesterday, the JBC refuted reports that Sereno flunked the psychological test given by the council to the Chief Justice aspirants.

Jose Mejia, representative of the academe to the JBC, was reacting to a report published last week that Sereno and Solicitor General Francis Jardeleza scored poorly in the psychological evaluation rating.

He said Sereno and Jardeleza would not have been included in the shortlist if they failed the psychological test.

“No that report is not true. She [Sereno] passed the psychological exam,” Mejia said in a text message to the Manila Bulletin.

Pressed for Sereno’s actual score, Mejia declined to comment. “The results of these tests are strictly confidential and are only for the guidance of the JBC,” he pointed out.

What was important, he said, was that the JBC followed due process and that people should support Sereno in her efforts to reform the judiciary.

[todjikid]

Sereno is an excellent choice but it sucks organizationally. Imagine the morale and motivation of 2 decades/generations of aspiring chief justices down the drain for 18 years.

If this were a corporation, parang sinabihan mo ang mga highly capable and career oriented staff mo na "oh hanggang diyan lang kayo, antayin nyo muna akong magretire o mamatay ng maaga."

I pity CJ Sereno.

Noynoy placed her in a rather difficult situation from an organizational leadership perspective.

[3cr]

Chief Justice Sereno
by AMADO P. MACASAET
Malaya
http://www.malaya.com.ph/index.php/o...justice-sereno

Newly-appointed Chief Justice Maria Lourdes P.A. Sereno is one of many magistrates I have not talked to or met. Never in my life did I ever think that I should dare see any member of the Court, least of all its Chief.

This is clearly borne out of my belief that the Chief Justice and the members of the Court should not be disturbed or approached even by media persons for any reason.

The members of the Court, as I repeatedly assert, should keep to themselves. Their routine is home and their chambers where they should sharpen their knowledge of the law for justice to triumph at all times.

I know very little of Meilou (as she is called by friends). I knew her nickname long before she was appointed to the Court by President Aquino in August 2010.

As it turned out, I did not have to meet her to know her mind about the law, this time about private international law. She was the able assistant of retired Justice Florentino P. Feliciano, who assisted the American lawyers hired by the government of Gloria Arroyo to fight the arbitration case filed by Fraport of Germany.

Fraport, the foreign partner of Philippine International Airport Terminal Corp., organized by Cheng Yong, charged the Philippine government with violating the bilateral investment agreement with Germany.

The Philippine government hired White & Case, known experts in international arbitration cases. They were the principal lawyers of the Philippine government.

I had a few sources in the Philippine panel but Meilou was not one of them. I tried to get in touch with her whenever she was in the Philippines. All of my efforts failed.

I was told that if I wanted to read the records or transcripts of the arbitration hearings, I should get them from the International Center for Settlement of Investment Disputes (ICSID), the arbitration arm of the World Bank.

Fraport wanted about $500 million in compensation for alleged violation of the investment agreement. I discovered that key people in the Arroyo regime actually wanted the Philippines to lose the case. That might have rubbed wrong way the American lawyers, Justice Feliciano and Meilou.

The suggestion was these key people would bite off a larger share of the financial award to be paid by the Philippine government if it lost the case.

That’s what probably drove the lawyers to fight the case tooth and nail.

Meilou Sereno, I heard, carried the battle with White & Case. In the end, the Philippine government won the case.

The Philippine government was accused of allowing a few of its people to take fat bribes. I was furnished a tape recording of a conversation which was supposed to prove that a lawyer, then close to the Arroyo regime, openly solicited bribes during a board meeting in Shangri-La Hotel in Makati among Fraport directors who are all Germans. I could not make head or tail of the conversation.

As it turned out that the board meeting was conducted in German. This and the fact that Fraport had an initial public offering in Frankfurt that turned sour to the point that prompted massive protests from the German investors might have forced Meilou to convince ICSID that the Philippine government was the victim, not Fraport. She and the American lawyers had the goods against Fraport.

Meilou might have known that the Anti-Money Laundering Council laid its hands on records showing that some German officials of Fraport and the wife of Cheng Yong had “secret” dollar deposits in some Philippine banks.

Unfortunately, those records were invalidated by the Supreme Court when it ruled that they were illegally obtained since the petition to produce the documents was filed ex parte. The owners of the deposits were not notified of the petition.

Justice Feliciano and his assistant, Meilou Sereno, must have been deeply moved by the murders of Pasay RTC Judge Hendrik Guingoyon whom I personally knew and assistant solicitor general Bellosillo who was killed with his son near the Parañaque City Hall while in possession of documents tending to show that Fraport’s own documents proved that it spent only $40 million of the $400 million invested in Terminal III with Piatco.

Justice Feliciano and Meilou objected almost vehemently to the expropriation of the assets of Piatco in Terminal III. The solicitor general proceeded with expropriation just the same. Piatco was paid P3 billion for the expropriation.

Justice Feliciano picked Meilou to help him and the American lawyers. And she played a key role in winning the arbitration case for the Philippine government.

Beyond that I do not know much of Chief Justice Maria Lourdes P.A. Sereno.

The records show that she has also dissented with most senior associate justice Antonio Carpio in at least two cases.

In one ruling, penned by Chief Justice Renato Corona, Ms. Sereno and Mr. Carpio dissented in the Manotok land case where the majority ruled that all deeds of conveyances that did not have the signature of the Secretary of Agriculture and Natural Resources are invalid and the friar lands bought by private persons, including Severino Manotok, must revert to the state.

In another case, the duo protested the temporary restraining order against the Secretary of Justice.

The order would have allowed Gloria Arroyo to go abroad. Carpio and Sereno declared that the TRO was defective because Gloria Arroyo failed to comply with one of four conditions required by the Court.

Justice Sereno made it on record that a peer prevented the publication of her dissent.

We have two brilliant lawyers and dissenters in the Supreme Court, both of whom came up as the top two candidates for Chief Justice in the Judicial and Bar Council (JBC) voting. Maria Lourdes P.A. Sereno is now Chief Justice as appointed by President Aquino. Her dissenting partner, most senior justice Antonio T. Carpio, was appointed by Gloria Arroyo but dissented against big important cases involving the former president.

It bears saying that Ms. Sereno’s rich background would help her immensely in understanding the implications and complications of cases in her court.

[3cr]

Sereno: I’ll do it my way
Malaya
http://opinion.inquirer.net/35680/serendipitous

AFTER shunning media interviews, Chief Justice Maria Lourdes Sereno yesterday begged the indulgence of the public to allow the judiciary to undertake a “process of reflection” and for her to lead the Supreme Court in her own way.

Speaking before Filipino and foreign delegates in the 23rd Presidents of Law Association in Asia (POLA), held at the Marriott Hotel in Pasay City, Sereno said the judiciary bore witness to significant changes in the country’s political, social and economic landscape, but it has yet to be responsive to the demands of its stakeholders.

To do that, she said, the judiciary has to undergo a process of “redefining itself,” by implementing reforms which she wants under her 18-year watch.

“For the judiciary then, to be a responsive judiciary, considering the way our society is evolving, it has to undergo a process of redefining itself and the terms of engagement with direct users of its services... How should the judiciary define itself in the increasing demand for transparency, when the judiciary is by constitutional definition required to be removed from the passion of politics and from intense discussions on the shaping of society?” she said.

“I therefore ask for help from the Filipino people to give the judiciary room to undertake a process of reflection and to allow the chief justice to lead in that way. As I stated in my public interview, I believe that judicial reforms must not revolve around and be dependent solely upon the personality of the chief justice. Rather, it must be the product of collective vision, one forged under the leadership of the chief justice. I think that inevitably, these dialogues among members of the judiciary will lead to significant changes in governance,” she added.

In a statement Tuesday, her first day of work as chief justice, Sereno said she is declining media interviews to bring back the Court’s golden days of “dignified silence,” when the court keeps to itself, removed from political partisanship, and magistrates are just heard or read through their decisions.

Yesterday in her speech, her first speaking engagement since she was appointed to the top judicial post, Sereno said that while the Philippines earned the distinction of being the “first democracy” in Asia, it must not rest on its laurels and fall into an “untempered pride,” lest the people set themselves up for a deep disenchantment once their ideals do not materialize.

“Thus, I would like to suggest that we look at ourselves as a young country in terms of our social and political interactions in the sphere of governance, and young as we are, we should be thankful for we have thus accomplished. We have ushered in to the world a unique phenomenon such as the People Power, and we have started introducing into governance structure manifestations of people power in different forms,” she said.

Among reforms she wants to implement, Sereno said, is a paper-less judicial system, to lessen the dependence of the institution on written records yet still sustain its physical integrity.

“We have to accept environmental and technological realities facing us. We in the judiciary must watch, and respond effectively to these changes taking place. We need to think of our judicial records and ensure their physical integrity when disaster strikes. We have to rethink our paper-based system, and usher in a judicial system that is less paper-dependent. We have to do our share in minimizing the amount of trees cut down with more paper demands,” she said.

She also urged the public to be more patient as she confirmed reports on the full disclosure of her statement of assets, liabilities and net worth (SALN).

She told media, “As earlier conveyed to you, a statement will be issued soon that will indicate what has taken place in yesterday’s (August 28) en banc session and that will include disclosures of the SALN of the chief justice…Please be patient as I take very good care in ensuring that I am exact, deliberate and careful at all times.”

May Catapay, executive assistant in the Office of the Chief Justice, said Sereno’s SALN will be released today.

Presidential spokesman Edwin Lacierda said the best “megaphone” for the Supreme Court is the decisions it would issue.

He also said Sereno’s “dignified silence” policy is nothing new and is observed in other countries like the United States.

“It has always been stated not only in this country but also in the United States that they are better heard through their decisions...they interpret the laws and therefore, ang mas importante sa atin, sa bansa natin, (is) how they interpret the laws through the decisions they make,” he said.

House majority leader Neptali Gonzales II said Sereno is only moving to insulate the judiciary from politics and giving it a “fresh start.”

“Iyon ay isang bagay na I take my hats off, kay Chief Justice Sereno, talaga naman ang SC is not a political office na talagang mabuti talaga iyon na ang kanilang boses ay madidinig sa pamamagitan ng mga desisyon nila,” he said.

Gonzales appealed to the public for understanding, saying Sereno is facing big challenges.

“Ang sinisigaw talaga dati doon, judicial reforms, at yung nababalitang graft and corruption sa hanay ng hudikatura kaya malaking hamon talaga ang kanyang haharapin,” he said.

[absinthe_888]

Sino kaya napipisil ni CJ Sereno na bagong Court Administrator?

[Manila-X]

Coronas charged with tax evasion
By Tetch Torres
INQUIRER.net
10:53 am | Thursday, August 30th, 2012

MANILA, Philippines–The Bureau of Internal Revenue on Thursday filed a tax evasion case worth P150.68 million at the Department of Justice against former Chief Justice Renato C. Corona.

Aside from Corona, also included in the complaint are his daughter, Ma. Carla Beatriz C. Castillo, and son-in- law, Constantino T. Castillo III.

Corona, a registered taxpayer of Revenue District Office No. 32 that covers Sampaloc, Sta Mesa and San Miguel, served as former President Gloria Macapagal Arroyo’s Chief of Staff, presidential spokesman and acting executive secretary before she appointed him as Associate Justice in the Supreme Court and as Chief Justice.
As a public official from 2002 to 2010, Corona was required to submit under oath his statement of assets, liabilities and networth annually including that of his spouse and children under 18 years of age.
In his SALNs, Corona’s net worth ranged between P7 million to P22 million in the nine-year period.

But BIR Commissioner Kim Henares said Corona did not declare all his assets in his SALN.

“Aside from the bank deposits, he also did not declare two real properties he acquired during his stint in government: a condominium unit at the Columns, along Ayala Avenue that he bought for P3.6 million in 2004 and a property in Fort Bonifacio that he bought for P9.16 million in 2005,” Henares added.

After examining Corona’s bank records and compared it with his networth, Henares said they discovered a substantial disparity between the acquisition cost of the properties declared in his SALNs and the cost declared in the certificates authorizing registrations.

Using the “expenditure method,” the BIR found that Corona’s deficiency income tax liability amounted to P120.5 million for the nine-year period.

The method used was based on the theory that if a taxpayer’s expenditure in a given year exceeded his reported income, the excess spending would represent unreported income.

Corona’s daughter, meanwhile, was charged for violating section 254 of the National Internal Revenue Code or attempting to evade or defeat taxes in 2010 and violating section 255 or failing to file an income tax return for the same year.
Castillo is also facing the same violation for attempting to evade taxes in 2003 and 2009 and violating section 255 of the NIRC or failing to file an income tax return in 2003.
Based on the complaint, Castillo registered with the BIR in 1998 but filed his income tax returns only from 2005 to 2009.
Castillo declared a total income of only P1.933 million for the five-year period. His wife, on the other hand, only filed income tax returns for only 2008 and 2009 where she declared a total income of only P228,040.

While the Castillo couple’s declared income amounted to less than P3 million, they were able to acquire three properties: a P10.5-million property in Project 3, Quezon City, a P15-million commercial property in Kalayaan Avenue, Quezon City and an P18-million mansion in La Vista, Quezon City.

The BIR said Castillo’s tax liability was P20.25 million while the deficiency income tax liability of Corona’s daughter amounted to P9.93 million.

[3cr]

No evading Kim Henares
Manila Standard
http://manilastandardtoday.com/2012/...o-evading-kim/

It definitely looks like there’s no running away from Internal Revenue boss Kim Henares, who continues to RATE—Run After Tax Evaders—despite the substantial shortfall in revenue targets raised to P1.06 trillion for 2012 and P1.2 trillion for 2013, much higher than the P940-billion collection target for 2011.

This time, the crack shot Henares has her sights trained on former Chief Justice Renato Corona, his daughter Carla and her husband Constantino Castillo III, filing criminal charges against the three for violating certain provisions of the Revenue Code.

Henares was allegedly miffed at discovering that Corona had quietly revoked the “unconditional” bank waiver that he signed during the impeachment trial in May—a roadblock that the BIR chief was not happy to encounter. Yesterday, Henares slapped Corona with tax evasion charges before the DOJ—an agency headed by Leila de Lima, an equally feisty female.

According to Henares, significant discrepancies were discovered between the value of Corona’s declared assets and the registration certificates, aside from the fact that two other controversial properties—namely condo units at The Fort and Makati—were not declared. Happy Hour moles said the Coronas have reportedly been preparing to move into their penthouse condo at the Fort which only needs finishing touches, with furniture brought in earlier.

Meanwhile, the revenue agency is going after Carla Castillo and her husband for failing to file taxes in previous years. This just goes to show that there’s no such thing as “Mission Kimpossible” when it comes to running after tax evaders.

[3cr]

Remember Corona's bank waiver? He revoked it!
Rappler.com
http://www.rappler.com/nation/11443-...revoked-waiver

MANILA, Philippines – It was one of the most dramatic moments of the impeachment trial. Then Chief Justice Renato Corona signed a waiver on his bank documents, allowing government agencies to look into his bank accounts.

It turns out Corona had revoked the waiver after he was removed from office on May 29, Bureau of Internal Revenue Commissioner Kim Henares told a press conference on Thursday, August 30, announcing tax evasion charges against Corona, his daughter and son in law.

Henares said the BIR discovered this after it asked the Banco De Oro for bank records of Corona "approximately one or two months ago."

"Their legal wrote us and said the lawyer of Chief Justice Corona said that CJ Corona is revoking the waiver. So we were questioning that because the waiver was executed by the Chief Justice and therefore the only one who can revoke it is the Chief Justice. That is our argument with Banco De Oro. However, Banco De Oro brought us to court, asking the court whether they can legally give us the certification," said Henares.

Henares added, "Based on my last information, it seems the Chief Justice was asked to comment and he confirmed that he is revoking the waiver he executed."

The BIR chief said the issue with Banco De Oro is now a subject of a case at a Regional Trial Court in Makati.

Corona's lawyer during the impeachment trial, Judd Roy, said he does not know about the issue.

"I don't know what he did. Just like his walk out, I was not informed of his actions regarding the waiver," said Roy.

[absinthe_888]

I'd like to know if CJ Sereno's detailed SALN includes the fees she was paid in the GRP-PIATCO case.

[Parchie]

Originally Posted by absinthe_888

I'd like to know if CJ Sereno's detailed SALN includes the fees she was paid in the GRP-PIATCO case.

Just heard over GMANewsTV, there is another "corrected SALN" of Pnoy's CJ that is coming out. I guess nandun na yung professional fees nya sa PIATCO case. Let's hope wala nang "revised, corrected SALN" na susunod!

[3cr]

CJ Sereno's net worth: P18M
ABS-CBN News
http://www.abs-cbnnews.com/nation/08...net-worth-p18m

MANILA, Philippines (2nd UPDATE) - Chief Justice Maria Lourdes Sereno was worth almost P18 million in 2011, according to her statement of assets, liabilities and net worth (SALN) for the year.

A copy of her latest SALN that was acquired by ABS-CBN News shows that the new Chief Justice, who appointed last week, has a net worth of P17,985,375.51.

The value is lower than the initial P18,029,575.51 amount shown in another SALN copy that circulated in media earlier Thursday.

The discrepancy in her updated 2011 SALN was caused by an entry on the "receivables" column and the 5% allowance on bad debts that were corrected.

Based on her updated 2011 SALN, Sereno's net worth increased by P223,208.25 compared to 2010.

As of December 31, 2011, Sereno had total assets amounting to P19,227,578.85. These include 3 house and lots in Filinvest East, Cavite and Davao, memorial lots in Cavite and a lot, also in Filinvest East.

The most expensive asset is the house and lot in Filinvest East, purchased in 2005, with an acquisition cost of P4.5 million and a current fair market value of P6 million.

Her latest property acquisition is the Filinvest East lot, bought last year, for P2.1 million.

Sereno also owns 3 vehicles:
•a Toyota Altis 2005 model worth P760,000;
•a Toyota Corolla 1997 model worth P320,000; and,
•a second-hand 1993 model Mitsubishi Lancer bought in 2002 worth P95,000.

She also has P1,185,602.60 cash in bank and receivables of P3,537,130.25.

The acquisition cost of her investments were placed at P1,204,400, while she owned stocks pegged at P1,644,946.

Sereno's office, in a press statement Thursday, said her assets include savings left from legal fees paid by the government to her in connection with her handling of cases involving the Ninoy Aquino International Airport Terminal 3.

"The payment was made to her for services rendered from 23 October 2003 to 31 July 2008, a period of more than 4 years and 9 months," the statement said.

The liabilities section of Sereno's SALN shows that the Chief Justice has credit card billings of P125,511.10. She also has a bank loan of P1 million and payables worth P116,692.24.

Sereno had an income of P1.82 million when she was still Associate Justice.

She is married to Mario Jose Sereno, an Executive Director at the Association of Petrochemical Manufacturers of the Philippines.

Sereno's SALN said her husband became a minor stockholder in SUDECO, PLDT, Seaport, RFM, and Uniwide before the year 2000.

She disclosed her SALNs as part of her commitment to transparency and accountability.

Her office said the chief justice informed her colleagues of her intention to release her SALN "in the spirit" of an earlier Court resolution authorizing their disclosure.

She replaced Renato Corona, who was impeached by the House and found guilty by the Senate for not disclosing his SALNs as required under the Constitution.

Other justices disclose SALNs

Thirteen other justices have also released their SALNS, marking the first in more than 20 years that they disclosed their assets and liabilities in public.

They released their SALNs 2 months after a request was made by cable TV station Solar News.

The high court has yet to release copies of the justice's SALNs to other media companies because the other applications have incomplete requirements.

The SALN copies released to Solar News show that Associate Justice Mariano del Castillo was the wealthiest among the justices in 2011. He declared a net worth of P108,904,519.37.

Associate Justice Arturo Brion had the lowest net worth amounting to P1,498,509.

Justice Antonio Carpio had a net worth of P79,895,025.57;
Justice Presbitero Velasco Jr. had P7,264,064;
Justice Teresita Leonardo-De Castro with P7,941,000;
Justice Diosdado Peralta with P22,642,264.73;
Justice Lucas Bersamin with P18,811,447.87;
Justice Roberto Abad with P42,100,000;
Justice Martin Villarama Jr. with P19,074,165.20;
Justice Jose Perez with P9,380,000;
Justice Jose Mendoza with P27,408,152.36;
Justice Bienvenido Reyes with P75,146,199; and,
Justice Estela Perlas-Bernabe with P67,101,327.


Piatco earnings declared - Sereno
PhilStar
http://www.philstar.com/Article.aspx...bCategoryId=63

MANILA, Philippines - Chief Justice Maria Lourdes Sereno said yesterday she has declared in her statement of assets, liabilities and net worth (SALN) her earnings from earlier services with the government’s legal team engaged in international arbitration cases against a Filipino-German group over the Ninoy Aquino International Airport (NAIA) Terminal 3.

“Her assets include the savings left from the legal fees paid by the government to her in connection with the cases involving the NAIA Terminal 3, net of the amounts paid for value added tax, income tax, operating expenses and personal consumption,” according to a statement issued by her office.

The Supreme Court (SC) chief said the payment was made for services rendered from October 2003 to July 2008, or a period of more than four years and nine months. But she did not specify the amount she was paid.

In an earlier report, the Philippine Center for Investigative Journalism posed the question on whether Sereno had declared her earnings from the NAIA 3 cases in her SALN, considering that foreign and local lawyers who represented the government in arbitration proceedings in Singapore and Washington had reportedly earned P2.6 billion.

Sereno, the first woman appointed to the fifth highest post in the land, released her SALN Thursday night after giving her consent during full-court session of SC justices last Tuesday.

The historic release of the Chief Justice’s SALN, however, was marred with confusion as Sereno’s office and the SC clerk of court released two different copies of her 2011 SALN to the media.

In the SALN released by the SC clerk of court to a media outfit last Wednesday, Sereno had P18,029,575.51 in net worth or total assets of P19,271,778.85 and liability of P1,242,203.34 at the end of last year.

But a copy she released to media at 8 p.m. last Thursday showed net worth of P17,985,375.51 from total assets amounting to P19,227,578.85 and liability of P1,242,203.34 or a discrepancy of P44,200.

Early yesterday, Sereno’s office issued a statement via email to reporters saying the second copy was an “uncorrected version.”

“The correction of the SALNs of the members of the court has been authorized by the court en banc. The correct version is the one released by the clerk of court,” the Chief Justice clarified.

[Manila-X]

Get Real
A child’s ‘kidnapping’ and PH justice system
By: Solita Collas-Monsod
Philippine Daily Inquirer
10:52 pm | Friday, August 31st, 2012

The brouhaha over the alleged kidnapping of the granddaughter of Cecilia Seares Luna, a “queenpin” of Abra, has once again exposed the soft underbelly of the Philippine justice system.

The background: Per official records, Rochelle Seares Luna (occupation: homemaker; education years completed: 16), and Anthony Bernard Ricks (occupation: manager, mortgage services industry; education years completed: 20) were married on Nov. 9, 2004.

They have one child: Ashley Nicole Luna, born Oct. 16, 2004, in Santa Ana, California. It is not clear when Rochelle and Anthony were divorced. And, if Anthony is to be believed, he was given sole legal and physical custody of Ashley. His statement seems to be validated by a news report that Cecilia Luna told journalists that he “managed to get custody of Nicole since Rochelle was studying in England.”

In 2010, Rochelle and Cecilia Luna obtained written permission from Anthony Ricks to take Ashley to the Philippines, for a two-month period. The child was to be returned to her father by Aug. 10, 2010. But Ashley was never returned to her father. Again, news reports quote Cecilia Luna (after the “kidnapping”) as saying that the child did not want to go back to the United States, that the child had been sleeping on the floor of her father’s room in a four-room house where the other three rooms were rented to nonfamily members, and that Cecilia Luna was afraid that Ashley might be abused by one of the tenants, since she was mostly left to herself.

Last Tuesday morning, Anthony Ricks, in a car driven by Guillermo Jorge Garcia, “fetched” Ashley from her school in BF Homes, Quezon City, and then transferred to another car, leaving Garcia alone in the first car. Garcia’s car was stopped by barangay officials. Garcia was thereafter detained, although the US Embassy had already stated that Anthony Ricks and his daughter Ashley were in the embassy. In effect, no kidnapping took place, least of all by Garcia.

It has since been determined that Ashley left the country for the United States on Tuesday evening in the company of two foreigners, although the flight manifest did not contain the name of Anthony Ricks.

But Anthony Ricks is indeed back in the United States, e-mailing from Concordia University, Wisconsin, the following (unedited): “My name is Anthony Ricks. I am Ashley father and she is safe and secure in the USA! I have sole legal and physical custody of Ashley Nichole Ricks. The Seares family is not being honest with there statement. I have been trying to get Ashley back to the states but I was ignored by the Luna family for a year and a half. Since I got no response I had to take matters into my own hands. Ashley was originally granted a summer vacation trip to Manila in 2010 I signed an affidavit with specific dates for Ashley to return. The Seares family with the non Hague treaty had a goal to keep Ashley in the Philippines and have no contact with me. Mr. Garcia was only trying to reunite a father with his daughter who has legal and sole custody. I am hear to set the record straight.”

Now for the Philippine justice system and its flaws as highlighted by this incident.

First, there is the fact that Guillermo Jorge Garcia claims to have been mauled, first by Robert Seares, Ashley’s uncle and an Abra mayor, and then allegedly by the barangay captain and some tanod (guards). Backing this claim is the medico-legal certificate from the Quezon City General Hospital, signed by one Dr. Bercado, surgeon on duty, who reported “multiple abrasion L anterior chest area at level of 2nd-6th rib; contusion haematoma 3x3cm R anterior chest area at level of 3rd to 5th rib; multiple abrasion mid axillary line to mid clavicular line R; multiple abrasion (indecipherable) area.” So much for the community pillar of our justice system. By the way, this seems to have been totally overlooked by the news media.

Garcia was arrested by the Quezon City police, who turned him over to the Philippine National Police’s Anti-Kidnapping Group (AKG) in Camp Crame. Here’s one for the good guys: The AKG report essentially said that there was no kidnapping, because the child, per information received from the US Embassy, was at that moment in the embassy with her father. The AKG then returned Garcia to the Quezon City Police Department’s Criminal Investigation and Detection Unit (CIDU) for “appropriate action.”

Per the Garcia family, one Rogelio Mercado, MPA, head of the CIDU, said that of course there was no kidnapping, and that he would cut his finger if Garcia were so charged. And then he signed a letter to the Quezon City Prosecutor, referring a case of “kidnapping and serious illegal detention” against Garcia and Ricks and “John and Jane Doe.” He later allegedly explained (presumably in confidence) that he had to do that because a couple of Quezon City prosecutors were related to the Seares-Lunas. So much for law enforcement as a pillar of the justice system.

In the inquest, the Garcia lawyers feared the worst—the assistant city prosecutor in charge seemed to be totally uninterested in the Garcia side of the story and detained him at Camp Karingal. But here is another one for the good guys: Quezon City Chief Prosecutor Donald Lee wasn’t having any of that. Garcia was released on Thursday night.

But the underlying reason why kidnapping charges were filed in the first place was the fact that Cecilia Luna had been awarded custody of Ashley by Abra Regional Trial Court Judge Corpus Alzate—solely on the unverified testimony of Luna that the parents had turned over the care of Ashley to her. So much for the courts as a pillar of the justice system.

[Parchie]

Originally Posted by 3cr

CJ Sereno's net worth: P18M
ABS-CBN News
http://www.abs-cbnnews.com/nation/08...net-worth-p18m

“The correction of the SALNs of the members of the court has been authorized by the court en banc. The correct version is the one released by the clerk of court,” the Chief Justice clarified.

Dito sila magaling! Twisting the facts and make it appear differently though these are already a given.

How could they make it appear that correction of the SALNs needs authorization from the court when the SALN Law (RA 6713) already prescribes remedies allowed if ever persons file SALNs wrong?

[amigo32]

Naks, tuwid nga ang daan

[NOVO ECIJANO]

Originally Posted by Parchie

Dito sila magaling! Twisting the facts and make it appear differently though these are already a given.

How could they make it appear that correction of the SALNs needs authorization from the court when the SALN Law (RA 6713) already prescribes remedies allowed if ever persons file SALNs wrong?

Ang daming kalokohan ng gobyernong ito.

http://http://www.bworldonline.com/c...-Comelec-scam%

Another Comelec scam?

AFTER FORCING through their decision to purchase the demonstrably inaccurate automated voting machines of the Venezuelan company Smartmatic -- over the explicit objections of technical experts constituting the Commission on Elections’ (Comelec) own Advisory Committee (two sets of them, the previous and the present CAC), computer science PhDs and IT industry experts, and multi-sector election watchdog groups -- the folks at Comelec are now poised to force through yet another highly questionable deal: the one-year lease of a 22,000-square meter warehouse (for use in storing those faulty machines) for the astronomical sum of P400 million.

[3cr]

Aquino’s angels
By: Artemio V. Panganiban
Philippine Daily Inquirer
http://opinion.inquirer.net/35908/aquinos-angels

The post of chief justice is the highest and most important appointive post in the country. Some Presidents, like Ferdinand Marcos, Corazon Aquino and Gloria Macapagal-Arroyo, had the opportunity to name more than one chief justice, while some others, like Fidel Ramos, did not have the chance to appoint even one. Had Chief Justice Renato C. Corona not been impeached and ousted, President Benigno Aquino III would not have been able to appoint any because Corona’s term would have outlasted his.

By choosing Maria Lourdes P. A. Sereno as the first woman Chief Justice in the Philippines, P-Noy broke judicial tradition. In this and several other appointments, he has shown an uncanny knack and good luck of conscripting a gutsy corps of “angels” armed with four “Ins”—intelligent, independent, industrious and incorruptible—to help track the nation to the “matuwid na daan,” his vision of the straight and narrow path to good governance and good economics.

Though appointed by the President, Chief Justice Sereno, if I may stress, is not beholden to him. Her loyalty is first and foremost to the Constitution, which requires all members of the judiciary to be “of proven competence, integrity, probity and independence.” (“CIPI” is the code word for them.)

Of these four traits, the most important is independence: from the President, from Congress, from business, from labor, from nongovernment organizations, and even from the media. Independence is expected not only of the Chief Justice but also of two other constitutional angels P-Noy had anointed, namely:

Ombudsman Conchita Carpio Morales, who, according to the Charter, is “the protector of the people” and who is duty-bound to investigate any public official or employee for any “act or omission that appears to be illegal, unjust, improper or inefficient.”

Under Republic Act 6770, the Ombudsman has disciplinary authority over elective and appointive officials (with the power to suspend and dismiss them), including Cabinet members, but excluding officials removable by impeachment, members of Congress and of the judiciary. She can call on any government agency to assist her in collecting data, even “dossiers,” to enable her to prosecute them.

Though she has no general disciplinary authority over impeachable officials like the President, Vice President and Supreme Court justices, she can nonetheless investigate them for the purpose of filing (1) impeachment charges in the House of Representatives, (2) civil cases for the recovery of ill-gotten wealth, and/or (3) criminal indictments for the violation of antigraft and other penal statutes.

Under the 1935 Constitution, the secretary of justice exercised these duties. But because the justice secretary was beholden to the President, the prosecution of officials was used to persecute political opponents. Hence, the present Constitution requires the Ombudsman to be independent, so the dispensation of justice would be trustworthy and free of partisan bias.

Commission on Audit (COA) Chair Grace Pulido Tan is the sentinel of government assets. The COA, which she heads, has the duty of examining and settling “all accounts pertaining to the revenue and receipts of and expenditures or uses of funds and property” of the government.

Like the Ombudsman, the COA chair has a fixed term of seven years, enjoys fiscal independence, and may be removed only by the tedious process of impeachment. Unless impeached, both Morales and Tan will stay in office longer than P-Noy, whose term is only six years.

Apart from these constitutional officers, P-Noy has also named several other ladies to critical and essential posts. However, unlike the three aforementioned constitutional angels, they are not independent of but are in fact directly under his direction. Their actions and decisions are appealable to and may be modified and/or reversed by the Office of the President headed by Executive Secretary Paquito Ochoa Jr. They are:

Secretary of Justice Leila de Lima, the feisty lady who heads the prosecution arm of the executive branch. She and her prosecutors determine whether a crime has been committed and who probably committed it. Unless she or her prosecutors file and prosecute a criminal complaint, the courts cannot try, much less convict, anyone.

Bureau of Internal Revenue Commissioner Kim Henares, the much feared and very proactive collector of taxes that turn the wheels of the government. She increased collections through imaginative schemes, like the Run After Tax Evaders (RATE) program, by filing tax cases against celebrities, businessmen and government officials.

Securities and Exchange Commission Chair Teresita Herbosa, brilliant lawyer-descendant of Jose Rizal and now the protector of investors in private enterprises, enforcer of good corporate governance, and guardian of high ethical standards in business.

Secretary of Social Welfare and Development Dinky Soliman, who dispenses P-Noy’s multibillion-peso Conditional Cash Transfer program to immediately alleviate the plight of the poor and the underprivileged while they wait for the economy to rise and emancipate them with employment and other livelihood opportunities.

Presidential Management Staff Chief Julia Abad, the very young, low-profile but very efficient gatekeeper of P-Noy. She provides him with background info on any matter, from the Cabinet agenda to military intelligence, and from political strategies to personal idiosyncrasies of friends and foes alike. She can read P-Noy’s mind like no one else.

[3cr]

Appeals court upholds Aquino order vs midnight appointments
Journal Online
http://www.journal.com.ph/index.php/...t-appointments

THE Court of Appeals yesterday upheld the legality of Executive Order No. 2 nullifying the so-called midnight appointments of former President Gloria Macapagal-Arroyo during her time.

In a ruling, the CA stressed that there was no grave abuse of discretion on the part of President Benigno Aquino when he issued the controversial executive order.

At the same time, the CA also junked the petitions of five midnight appointees of Mrs. Arroyo questioning the constitutionality of the executive order.

They were former Subic Bay Metropolitan Board Authority board member Eddie Tamondong, State Solicitor Cheloy Garafil, former Philippine National Railways General Manager Manuel Andal, former Quezon City Prosecutor Dindo Venturanza, and former Nayong Pilipino head Charito Planas.

While the CA junked their petitions, the appelate court agreed with the petition of retired National Commission on Muslim Filipinos (NCMF) secretary Bai Omera Dianalan- Lucman who claimed that her appointment was made prior to the effectivity of the midnight appointments rule.

The CA ordered the government to pay an undisclosed amount in back wages to Lucman.

[3cr]

Isko, councilors face life imprisonment
Journal Online
http://www.journal.com.ph/index.php/...e-imprisonment

MANILA Vice-Mayor Isko Moreno and 32 city councilors, may be imprisoned for life, if charged with and convicted of malversation of public funds through falsification of public documents, under the Revised Penal Code, for hiring hundreds of alleged “ghost employees,” based on COA (Commission on Audit) reports.

According to a COA official who audited the Office of the Vice Mayor and the City Council, they discovered hundreds of “ghost employees” assigned with or under the employ of Moreno and 32 councilors, each receiving a monthly salary of Php12,000.

The official said the total compensation paid by the city government to the “ghost employees” (whose names will be submitted to the Ombudsman for filing of appropriate criminal actions), during the audit period, amount to more than Php400,000.

* * *

“Ghost employees” are employees whose names, real or fictitious, are submitted and placed on government payroll by public officials, although they do not render any work for the government. They are employed (merely) for the purpose of timing in and timing out and refer mostly to non-existent employees, who are deceitfully entered on the payroll, for the benefit of public officials, who hire them, but receive all or part of their salary or compensation.

The act of hiring “ghost employees,” whereby the public official, receives the salary or extra pay of the fictitious employees or personnel, constitutes the complex crime of malversation of public funds through falsification of public documents, punishable under Articles 171 and 217 of the Revised Penal Code, which provide:

“Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. -- The penalty of prision mayor and a fine not to exceed Php5,000 shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.”

“Art. 217. Malversation of public funds or property; Presumption of malversation. -- Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than Php12,000 but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.”

In addition to the above, persons guilty of malversation shall suffer the penalty of perpetual special disqualification, i.e., they could no longer run for public office and pay a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

The public officials who hire “ghost employees” violate the said provisions of the RPC, because in doing so, they necessarily have to falsify certain documents, such as, personal employment sheet, NBI or police clearances, payroll, and time cards or records, without which they could not receive or appropriate the ghost employees’ salaries or wages.

In this regard, it is well to note that the penalty of reclusion temporal, in its medium and maximum periods, range from medium of 14 years, eight months and one day to 17 years and four months to maximum of 17 years, four months and one day to 20 years.

While the penalty for reclusion temporal in its maximum period to reclusion perpetua, range from maximum of 17 years, four months and one day to 20 years to life imprisonment.

Since the amount involved in the Manila “ghost employee” anomaly, exceeds Php22,000, the penalty to be imposed, sad to say, is life imprisonment.

It may be harsh, but that is the law. DURA LEX SED LEX.

* * *

Recently, Quezon City councilors Roderick Paulate and Francisco Calalay Jr. and their aides have been charged and ordered suspended by Ombudsman Conchita Carpio Morales for hiring “ghost” employees in 2010. According to Morales, there is “strong evidence of guilt on the part of the respondents.”

Manila Vice-Mayor Isko Moreno and his 32 councilors might be the next.

Reclusion perpetua for hiring “ghost employees.” Truly, ghosts and evil spirits are frightening.