Posted on Leave a comment

Can AJ Lucas Bersamin’s Appointment as Supreme Court Chief Justice Prevent Scalawags?

Supreme Court


By: Elena Grace Flores

With the retirement of Chief Justice Teresita Leonardo de-Castro, Associate Justice Lucas Bersamin then accepted his automatic nomination for the post of Chief Justice of the Supreme Court. Shortly, before this, President Du30 appointed Associate Justice Paul Hernando from the Court of Appeals to the Supreme Court. So far,  the President has appointed six associate justices in the SC. They are Martires, Noel Tijam, Andres Reyes Jr., Alexader Gesmundo, Jose Reyes, and now Hernando. Bersamin previously voted against the ousted Chief Justice Marcia Lourdes Sereno.



YouTube video by ABS-CBN News

[VIDEO]:  Supreme Court Assoc. Justice Lucas Bersamin appeared before members of the Judicial and Bar Council (JBC) for a public interview as part of the application process for chief justice.


Sufficient Time

With the mandatory retirement age at 70, Bersamin said he still has sufficient time to make the Supreme Court’s image better despite retiring next year. He underwent a public interview before members of the Judicial and Bar Council for the application process of the chief justice post.

More Powers to the JBC

Furthermore, Bersamin says that he will grant more powers to the JBC should he be appointed as the next Chief Justice. This is to avoid making mistakes in appointing aspirants to judicial positions. He believes that the JBC needs more muscle to look into the qualifications of the applicants. Incidentally, he was one of the 8 magistrates who voted to nullify Chief Justice Sereno’s appointment. This is based on her alleged lack of qualification.


New Supreme Court Associate Justice

With his appointment to the Supreme Court by President Du30, Hernando takes his oath of office soon after. He appears before Associate Justice Diosdado Peralta, who incidentally is his wedding godfather.  In the CA, Hernando maintains an impressive record. He has zero backlogs, 417 disposed of cases in 2013 and 370 in 2012. With him being 52 at the moment, he still has 18 years to serve before the mandatory retirement age.

Bersamin to Prevent Sereno-Like Appointment

“There is no insurance to these kinds of mistakes. I do not ascribe that to the JBC. I rather ascribe that to the shortcomings of the pre-vetting process,” quoting Bersamin. He believes that we should improve the selection processes of the judiciary. Because there are still undeserving people who manage to get appointed. However, he is yet to elaborate what additional powers he intends to give to the JBC.



Inadequate Publication Allows Scalawags in the Country to Rule

To quote Bersamin again, “The solicitation of reactions from the public about the candidates might be lukewarm because the public may not generally know, through inadequate publication, that this and that fellow who is applying is a scalawag to our community.” As another point of interest, Bersamin also wants to look into corruption allegations into the members of the Judiciary, should he be appointed.


Seniority at the SC

Under the rules of the JBC, the five most senior justices of the SC are automatically nominated for the post of Chief Justice should it be vacant. The most senior SC Justices are Bersamin, Peralta, Antonio Carpio who is the acting Chief Justice, Mariano del Castillo and Estela Perlas Bernabe. Chief Justice De Castro’s term may well be the shortest term in the high court’s history. However, this signals the return of the seniority culture in the SC that former President Benigno Aquino III disregarded by appointing Sereno. Aquino vowed to block Bongbong Marcos from the executive office in any way that he can.

Posted on 1 Comment

Can Supreme Court Chief Justice De Castro be Instrumental in Bongbong Marcos’ Protest Win in Two Months?

supreme court





By: Elena Grace Flores

Now that Pro-Marcos Teresita de Castro is the Supreme Court chief justice, the yellow officials and their supporters can only hope for divine intervention. That if their wishes are favored by the higher-ups.  However, de Castro only has less than two months to strengthen her predecessor’s system since she retires on October 8. She explains to the Judicial and Bar Council that her short-term would not get in the way of her effectiveness as chief magistrate. Can she possibly balance the biases against Bongbong Marcos that prolong his electoral protest against the questionable Vice President Leni Robredo?





Youtube video by Innovation Philippines

[VIDEO]: President Rodrigo Duterte appoints Justice Teresita Leonardo De Castro as the new Chief Justice of the Supreme Court.




A Lot to Accomplish in a Couple of Months

Tenure has always been respected by the Supreme Court as the institution’s culture. The appointment of the junior justice Maria Lourdes Sereno as the chief justice did not surprisingly cause issues despite overpassing the more senior contenders. De Castro accepted Sereno’s Presidential appointment at the time of ex-Pnoy. She said that there’s nothing she can do about it. This time, she’s confident of all the years she has worked to be able to accomplish much within the 2 months that she’ll have.




Very Qualified as Supreme Court Head

De Castro has been working in government service for 45 years now. She has only started out then with clerical work for the High Court and then rising through the ranks. With the Supreme Court, she has served for already 11 years. She also has experience serving at the Department of Justice as well as being the presiding justice of the Sandiganbayan.

 

Project Takeover

De Castro is now carrying on the work of digitization started on by the former CJ Sereno. The Enterprise Information Systems Plan has always been Sereno’s pet project and now De Castro is continuing this. This is a joint endeavor by the Supreme Court and the Presidential Communications Development and Strategic Planning Office(PCDSPO). The project covers the country’s executive issuances, laws, and jurisprudence. Once completed, the records will be publicly available through the Official Gazette and the Supreme Court Library.








Majority Approval

De Castro have the most approval within the judiciary among those shortlisted for the role. Associate Justices Diosdado Peralta and Lucas Bersamin were the other people who were shortlisted. The only sentiments against De Castro would be the unnecessary expense of her appointment. She would have a bigger compensation as chief justice as well as an enhanced retirement package for only completing 2 months of service. That can be a challenge for her to do what she has to do in a very short time.




The SolGen Approved of the Appointment

Quoting Solicitor General Jose Calida,  “We are elated because her legal brilliance, competence, fairness, and integrity ensure that justice will be well-served during her tenure.” The solicitor general certainly believes that De Castro truly deserves this appointment. Calida was instrumental in the removal of Sereno through his quo warranto petition that confirms that the former President’s appointee was not qualified for the job as voted by the majority of her fellow magistrates. De Castro can only work for the benefit of the public as per the mandate of the current President. That should be very alarming for the opposition right now. 

Posted on 1 Comment

Supreme Court Justice: The People Versus Ex-Pnoy’s Naive Political Prostitutes, VP Robredo and CJ Sereno

Supreme Court





welcome By: Elena Grace Flores

Vice President Leni Robredo in support of Chief Justice Maria Lourdes Sereno, who faces potential ouster from the Supreme Court (SC)  said that as the duly-elected Vice President, she “will do everything in her power to right the wrong.” Robredo said this at the Free the Courts forum of the University of the Philippines (UP). She criticizes the quo warranto petition as the “final blow to the justice system. Her reference to herself as the “duly-elected Vice President,” garnered applause from the limited crowd of LP supporters. This is significant because of her questionable status. The recount of the votes in the protest filed by former senator Ferdinand Marcos Jr. or Bongbong Marcos is still ongoing. Many of her supporters are even convinced that she’s not the genuine VP because of the anomalies witnessed by real people. She’s just too naive to admit LP’s wicked works during the 2016 election – just like Sereno’s refusal to resign despite the calls from her peers. 







Youtube video by; Rappler

[VIDEO]: Robredo backs Sereno: I will do everything to right this wrong

The Supreme Court Votes

Speculations abound that the Supreme Court will vote on the petition by May 11, 2018, and that the numbers seem to be against the Chief Justice. Some lawyers are protesting the alleged unconstitutionality of ousting a Chief Justice in a route outside of impeachment. Sereno herself said that her colleagues who are unfavorable to her from the start cannot oust her from the position.



Massive  Cheating

There was massive cheating at the polls in 2016. The presidential candidate Rodrigo Duterte reportedly got 21 million votes and ended up with only 16 million. The 5 million votes reportedly went to candidate Mar Roxas, who was fourth in the pre-poll surveys — next to Grace Poe and Jojo Binay — but went up to No. 2 after the ballots were counted. Duterte was so far ahead that all the cheating the Liberal Party did was in vain.




LP’s Back-Up Plan

So, failing to put Roxas in the No. 1 position in the presidential race, the LP had to make his vice presidential bet Robredo win at all cost. That’s the reason Bongbong Marcos was leading Robredo, her closest rival, by about 1 million votes on the night of May 14; but the people were shocked to find that she had overtaken him when they woke up the following morning.




Too Naive

Robredo might not know the maneuverings of her own party as she was too naive to even think of cheating. A supporter said that her husband Jesse always won handily in the elections for mayor of Naga City. Therefore she cannot imagine losing even if it against a popular rival such as Marcos. However, she absolutely give-in to those fraudulent acts as soon as she agreed to be LP’s political prostitute. This goes the same to Chief Justice Sereno. The people on the other hand, continue to show forces behind Marcos through their affiliations like the INC’s Guinness record-breaking charity walk and the Marcos Loyalists Movement gatherings nationwide.

Democracy is Working in Makati Versus Ombudsman Morales in Junjun Binay’s Case

Bongbong is our genuine VP

https://www.rappler.com/nation/201942-leni-robredo-statement-sereno-quo-warranto

Posted on 1 Comment

Gadon Who Wants Bongbong Marcos as VP is Giving the Supreme Court CJ a Hard Time

Supreme Court





welcome By: Elena Grace Flores

Lawyer Lorenzo “Larry” Gadon recently said that Supreme Court Chief Justice Maria Lourdes Sereno could not bring before the SC the decision of lawmakers. He insists that only she could cross-examine witnesses during the proceedings. Gadon filed the impeachment complaints against Sereno. He publicly admits that he wants to “avenge” former president and now Pampanga Rep. Gloria Arroyo and the late Chief Justice Renato Corona. In addition, he also wants to make sure that the Vice Presidency goes to Bongbong Marcos.





Video by; UNTV News and Rescue

[VIDEO]: Justices De Castro, Jardeleza to testify against Sereno – Atty. Gadon



Appeal for the Supreme Court CJ to Resign

Gadon earlier stresses that Sereno should resign to keep the integrity of the body that she is serving. He warns that the Congress Impeachment hearings are brutal. However, the CJ responded that to resign is nor even an option for her. This is allegedly so because she is certain that the case has no legal basis.




The Right to Counsel

Lawyer Jojo Lacanilao, a spokesperson for Sereno, said that the Constitution provides that the Chief Justice “be accorded the right to counsel and the right to cross-examine the complainant and the witnesses through her lawyers. These are the same rights that are guaranteed to every citizen of this country to ensure due process.” Gadon is told to review his law on this matter.



Sereno’s Camp Takes the Case as a Political Process

This political process involved a judicial character the same as that of a criminal prosecution,” Lacanilao said. The House Committee on Justice formally invited Sereno to the next impeachment hearing on Nov. 22. She insinuates that her lawyers will represent her.









Gadon’s Motives

Gadon wants the ones who benefit from the misfortunes of ex-President Arroyo and the late former CJ Corona, like Supreme Court Chief Justice Sereno, to be accountable for those.” Gadon also works to assure former Senator Bongbong Marcos’ timely take over to the VP post. He believes that as an appointee of Pnoy, Marcos’ electoral protest against Robredo won’t get the justice it deserves under Sereno’s Supreme Court watch.



http://news.abs-cbn.com/news/11/17/17/sereno-camp-insists-on-right-to-counsel-says-gadon-should-review-his-law

http://www.new.carelinkwebpr.com/2017/10/gadon-vows-make-bongbong-marcos-vp-impeaching-supreme-court-cj-robredo-swears-block/




Posted on 4 Comments

Bongbong Marcos’ Recount Looks Brighter as Supreme Court CJ’s Impeachment Progresses

supreme court





welcome By: Elena Grace Flores

The House justice committee declares that the impeachment complaint against Supreme Court Chief Justice Maria Lourdes Sereno has “sufficient grounds.” She is an appointee of Pnoy. The complaint of lawyer Larry Gadon cites at least 27 points against the Chief Justice. This occurs when COMELEC asks for additional time to comply with the SC’s show cause order on Bongbong Marcos’ recount preparation. Will this speed up the VP electoral protest? Sereno vows not to attend the hearings to prioritize her work. However, Marcos is confident that he will soon be Vice President.






Youtube video by; PTV

[VIDEO]: Impeachment complaint vs CJ Sereno, idineklarang ‘sufficient in grounds’




Majority Votes against the Supreme Court CJ

Twenty-five members of the committee voted in favor to declare sufficient grounds for the complaint. Only two opposed it. Albay 1st District Representative Edcel Lagman and Dinagat Representative Kaka Bag-ao argued that the sufficiency of grounds must be discussed one by one. Lagman who belongs to the minority, cannot vote. He is not a member of the committee.



Timing Coincides with Recount

The committee is to deliberate if there is probable cause to pursue the impeachment complaint. Committee chairman Reynaldo Umali said this would happen in November when the recount is expected to start. The impeachment session is set to adjourn on October 14. It resumes on November 13.




Alliance with President Du30

Bongbong Marcos confirms that his family was in talks with the President, a political ally. This is to end the previous government’s hunt for billions of dollars worth of national assets deposited by the Marcos patriarch for the welfare of the people at the World Bank. The son insists that they do not need immunity because they are innocent of any wrongdoing. They are willing to help in the proceeding.









The Real Vice President

“We are definitely sure that when the recount starts the true result will emerge and prove that the votes in the vice-presidential election had been incorrectly counted,” Marcos addresses the media during a press conference. It seems that he is really aware of the current moves of the government given the circumstances. Perhaps Sereno’s impeachment and the recount timing is not a coincidence.




https://www.rappler.com/nation/184357-sereno-impeachment-sufficient-grounds

Bongbong confident he will soon be VP




Posted on Leave a comment

Supreme Court CJ Impeachment NO Bongbong Marcos, Du30, Arroyo Influence

supreme court





welcome By: Elena Grace Flores

Lawyer Larry Gadon who filed an impeachment complaint against Supreme Court Chief Justice Maria Lourdes Sereno admits that he ran for Senator under the banner of Lakas and the Kilusang Bagong Lipunan (KBL) in 2016. The party is affiliated with the Marcoses. But he firmly denied; “No, Bongbong Marcos has nothing to do with this complaint. In fact, he was surprised that I am the one who filed it.”






Youtube video by; ABS-CBN News

[VIDEO]: Bongbong, Duterte backing Sereno impeachment? Lawyer says no



No Presidential Influence

He also denied that President Du30 is behind the complaint. “I only met the President 5 times and we never talked. Just a shake hand and ‘hi, sir’ and thank you. That’s all. He has nothing to do with this.”



Not Arroyo

Gadon also denied that former President and now Congresswoman Gloria Macapagal Arroyo is behind the complaint. This speculation mushrooms after her previous appointee, the late Supreme Court Chief Justice Renato Corona, was impeached and removed from the High Court. Gadon is a member of Arroyo’s legal team.



Vengeance is Not for Arroyo

Gadon previously tried to convince Mrs. Arroyo to file a complaint against Ombudsman Conchita Carpio Morales. This was for malicious persecution but Mrs. Arroyo rejected the idea. He was even scolded when he told reporters that she was contemplating on filing a case. He said this time that Mrs. Arroyo did not endorse the impeachment complaint against Sereno. “I did not ask her,” he said.








Sufficient in Form and Substance

The House of Representatives justice committee recently announces that Gadon’s complaint is sufficient in form and substance. Among the Supreme Court documents, Gadon used were official lists of Sereno’s travel expenses and appointment letters. He also cited the Supreme Court’s purchase of a P5.1 million luxury vehicle for the CJ. Sereno’s discrepancies on her statement of assets liabilities and net worth (SALN) and her attorney’s fees in the Piatco Case were also raised. Sereno decided to keep quiet about it and refrained from making comments.




http://news.abs-cbn.com/video/news/09/14/17/bongbong-duterte-backing-sereno-impeachment-lawyer-says-no




Posted on 13 Comments

Supreme Court Worried that Bongbong Marcos’ Protest Affects Integrity of Entire Election

Supreme Court





welcome By: Elena Grace Flores

Some Supreme Court justices are worried that the entire 2016 election’s integrity of the entire election process could be in question should the first part of Bongbong Marcos’ electoral protest is addressed accordingly.






Youtube Video by; NEWSTRACKER PHILIPPINES

[VIDEO]: Marcos at Robredo,mag recount sa tig tatlong probinsya




No Template

The concern was discussed during the preliminary conference last July 11. Chief Justice Maria Lourdes Sereno expresses her apprehension about the absence of “a template” to address the kind of protest that Bongbong Marcos brings to the court. This is the first time the SC faces such a protest.




First Course of Action

The “ first course of action” among the three that Marcos lodge is where he urges the PET to “declare as unauthentic” all the certificates of canvass used by both chambers of Congress in proclaiming Robredo as the winner. He disputes the slim margin of more than 200,000 votes against the millions of undervotes.




Consequence

Associate Justice Marvic Leonen asks Marcos; “If you were to succeed in proving the first cause of action, wouldn’t that put into question the results of the elections of everybody else, both national and local,” said Associate Justice Alfredo Benjamin Caguioa. “Are you sure that this country is willing to face the consequences of a decision in your favor?” Marcos’ spokesperson Vic Rodriguez explains later that their complaint is specific to the Vice Presidential race as evidence shows irregularities against Marcos.









Recount is Second

The second part of the Marcos petition is the “traditional” modes of cheating. Vote-buying, pre-shading, intimidation and failure of elections, among others. This is where the recount belongs. Marcos already identified the priority areas for it; Camarines Sur, Iloilo, and Negros Oriental. As far as the integrity of the 2016 election is concerned, even the President knows that it was a dirty election. In fact, Cebu’s ex-Mayor Michael Rama has the same protest against Mayor Tomas Osmena. Anyhow, if the recount can resolve the VP race conflict faster, then be it.




Marcos poll protest stumps high court




Posted on Leave a comment

End-Year Martial Law in Mindanao is On: Necessary for Bongbong Marcos while Fallacy for SC Justice

martial law





welcome By: Elena Grace Flores

The Senate and the House of Representatives grant the President’s request to extend martial law in Mindanao until December 31, 2017. A total of 261 lawmakers voted in favor and only 18 are not in favor. Bongbong Marcos already said that it is necessary to battle international terrorism that starts to set a foot in Marawi. While Supreme Court Associate Justice Marvic Leonen thinks it is counteracting terrorism with martial is a fallacy.






Youtube video by; News5Everywhere
[VIDEO]: Ayon sa Korte Suprema, mas matimbang ang kaligtasan ng publiko kaysa sa sentimiyento kaugnay ng mga naging pag-abuso noon sa ilalim ng batas militar.



Super Majority Vote in the Congress

A majority vote of the two chambers voting jointly. At least 158 of the 314 members of Congress, was needed to pass the motion. A total of 279 lawmakers, 20 senators, and 259 congressmen were present at the Batasang Pambansa to cast their votes. This includes Senator Leila de Lima who serves a prison sentence in Camp Crame for drug charges.




Supreme Court Justice’s Opinion

To impose martial law to fight terrorism is a “fallacy” or a deceptive wrong move, according to Justice Leonen. He is the lone dissenter in the landmark ruling of the Supreme Court that upheld the constitutionality of President Du30’s martial law order in Mindanao. The court spokesperson on announced that the magistrates voted 11-3-1 to support the constitutionality of the President’s declaration. It throws out three petitions that questioned the factual basis of the emergency.  Three other justices partially agreed with the decision including Chief Justice Maria Lourdes Sereno.




Bongbong Marcos’ View

Bongbong Marcos said that the extension of Martial Law is not the problem. Thinking that international terrorists are gaining a foothold in Mindanao particularly in Marawi, this is not an easy problem. This is even a global threat. The President must have the power to command the military in full scale without apprehensions. The palace, however, assures the public that military abuse is unlikely.









Public Opinion

The majority of the public during this administration simply trusts the popular president’s discretion. Justice Leonen’s experience in governance is not at par with Bongbong Marcos who has served both in the Senate and in the local government who is still hands on to the situation of the on a bigger scale. Not to mention his close experience during martial law under his father’s regime. By now, he has gained the wisdom on what to do and what not – as the President’s successor choice. He backed the president up whenever he is interviewed with regards to his electoral protest against VP Leni Robredo.

Posted on Leave a comment

Supreme Court Prioritizes Internal Issues Over ‘Ilocos 6’ – Imee Marcos to Find Other Means

supreme court





welcome By: Elena Grace Flores

Associate Justice Teresita Leonardo-De Castro questioned Supreme Court Chief Justice Maria Lourdes Sereno’s “long delay in the filling up” of key SC positions, the appointment to the Philippine Mediation Center Office, and granting travel allowances to members of her staff for foreign travels minus the approval of the court en banc. Earlier Sereno, Associate Justice Diosdado Peralta, and Associate Justice Andres Reyes Jr have inhibited from the “Ilocos 6” case. This prompts Governor Imee Marcos to divulge everything in a press conference.






Youtube video by; ABS-CBN News
[VIDEO]: Congressmen should be the foremost advocates of the rule of law by respecting the authority of the Court of Appeals (CA) to provide legal relief to the so-called “Ilocos Six” officials who were cited in the contempt by the lawmakers, the former head of the country’s biggest voluntary association of lawyers said Tuesday.



Supreme Court Issues

De Castro points out that under Administrative Order No. 33-2008, the full court appoints the PMCO chief, upon the recommendation of Philja. However, Sereno appoints Atty. Brenda Jay A. Mendoza to the post without Philja’s recommendation. On another matter, official foreign travels by court officials and personnel need the court en banc’s approval for travel allowances. However, the Chief Justice granted OCJ staff’s foreign travel allowances without court approval.




Cruel Dealings

Bongbong Marcos thinks that the dealings of the Congress with the “Ilocos 6” are cruel. It’s also beyond words how they threaten to detain the governor. Perhaps, the best thing to do now is to let the House arrest Marcos from her territory. It is not advisable at all to attend to any hearing anymore when you are not given the benefit of the doubt.




Unfinished Business with Ilocos 6

Sereno and Reyes previously issued a joint statement to urge the House committee on good government and public accountability to recall the show cause order it issued against the 3 CA justices from the Special 4th Division. It issued a ruling ordering the House panel to provisionally release the 6 Ilocos Norte officials. However, since 3 justices including Sereno already inhibits the case, the process stops.









Marcos’ Next Step

While the Marcoses exhaust other legal means, Gov. Marcos divulged that the original documents were turned over to COA but it lost them. The Ilocos Norte government said the “Ilocos 6” had “requested to see the original documents before testifying, lest they commit perjury by giving sworn statements based on possible falsified photocopied documents. Marcos cited an affidavit by COA janitor, Pedro Gorospe Jr., an employee of the provincial treasury who was recently assigned to the provincial jail. He confessed that he was compelled to steal the documents by Cynthia Gorospe. She is an employee and coordinator of Congressman Fariñas but she denied the acusation.

Posted on 1 Comment

Imee Marcos’ Plea Delayed, No Supreme Court Justice is Brave Enough to Handle it So far

supreme court





welcome By: Elena Grace Flores

The Ilocos’ 6 freedom is not going to happen anytime soon. Gov. Imee Marcos’ writ of Amparo plea is initially raffled to Associate Justice Diosdado Peralta by the Supreme Court. He administered former First Lady Imelda Marcos and Bongbong Marcos oath of office as Ilocos Norte congresswoman and senator, respectively. Chief Justice Maria Lourdes Sereno and Justice Andres Reyes Jr. also inhibited from the case. No reason was provided by the high court about their inhibition.






Youtube video by; News5Everywhere
[VIDEO]: Itinanggi rin ni Gov. Imee Marcos ang mga alegasyon na maraming ghost projects sa kanyang probinsya.



No Immediate Release

Ilocos Norte Governor Imee Marcos and the six detained officials of the provincial government failed to secure immediate relief from the Supreme Court against the Congress’ inquiry into the Capitol’s alleged misuse of tobacco excise tax funds.




Petitioners’ Plea

The petitioners resort to the Supreme Court to issue a temporary restraining order on the probe initiated by the House committee. The next hearing is on July 25. The petitioners also asked the SC to assume jurisdiction over the writ of habeas corpus case. It is urged to order the release of the six employees and also issue a writ of Amparo “given the cruel treatment and violation” of their right to be free.




Politically Motivated

Imee Marcos accused the respondent-House leaders of committing grave abuse of discretion and violating the resource persons’ constitutional rights. This happened during a legislative inquiry. She said that local politics was behind the House inquiry that points to his family’s rivalry with the clan of Rep. Rudy Farinas.









Support the Ilocos 6

The other petitioners in the plea are the detained employees, namely, Josephine Calajate, Encarnacion Gaor, Genedine Jambaro, Evangeline Tabulog, Pedro Agcaoili Jr. and Eden Battulayan. Their family and work lives are interrupted because of some Congressmen’s show of power and influence. This must be stopped.