Sunday, February 27, 2011

Supreme Court did not deliberate on Gutierrez petition??!!

We have a display of refreshing candor from Associate Justice Ma. Lourdes Sereno of the SC. According to the Phil. Daily Inquirer filed by Marlon Ramos and published today. Readers should read the link to avoid misinterpreting the summary points shown below.

  1. The Supreme Court initially shielded Ombudsman Merceditas Gutierrez from impeachment in the House of Representatives by granting her motion for certiorari of Sept. 13, 2010, “without” deliberating on the petition
  2. This was disclosed in Assoc. Justice Sererno's separate opinion on the SC Feb. 15 ruling which lifted the status quo ante order which the magistrates—in a vote of 8-3 with four abstentions—issued in favor of the Ombudsman on Sept. 14, 2010, a day after she filed the petition.
  3. The status quo ante order suspended the House impeachment proceedings for five months!!!
    and the majority in the SC granted Gutierrez’s petition despite her and Senior Associate Justices Antonio Carpio’s and Conchita Carpio Morales’ objections.
  4. The quo ante order was voted upon in the morning of Sept. 14, 2010, without the benefit of a genuinely informed debate.Several members of the court” had not seen the copy of Gutierrez’s petition when the tribunal acted favorably on it during their regular full court session that day.
  5. Copies of the Feb. 15 decision—which was issued after the high court conducted several oral arguments on the Gutierrez petition—as well as those of Sereno and other justices’ own opinions were only made available to the media last week.
  6. The SC court did not issue a resolution explaining its Sept. 14, 2010, ruling. Instead, Supreme Court spokesperson Midas Marquez held a news briefing to announce that Gutierrez had won a reprieve from the court.
  7. The House did not violate the constitutional provision barring the filing of more than one impeachment case within a year against a public official.
  8. The first impeachment complaint against the Ombudsman was filed by former Akbayan party-list Rep. Risa Hontiveros, freed renegade soldier Danilo Lim and the parents of the late Navy Ensign Phillip PestaƱo on July 22, 2010.

    The group accused Gutierrez of betraying the public trust and violating the Constitution for the “dismal and unconscionably low” performance of her office in convicting corrupt public officials.

    Bayan secretary general Renato Reyes Jr. filed a separate complaint against Gutierrez on Aug. 3, 2010, for her alleged failure to prosecute those behind the P728-million fertilizer fund scam.
  9. the two complaints were consolidated as they were referred to the committe on Justice of the House in one day.
  10. In her petition, Gutierrez claimed that the House justice committee violated her right to due process when it declared that the two complaints were sufficient in form and substance.

This raises the intriguing question. By their very acts and turn of events, we wonder if the Supreme Court has really shown impartiality to cases involving former appointees and friends of former president Macapagal -Arroyo when cases involving them arrive in their hallowed chambers, and when most of them are themselves appointees of Pres. Macapagal-Arroyo?


A writ of certiorari currently means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review. (wikipedia).

The objective of a "status quo ante" or the "way things were before" temporary restraining order or a rescission in which the situation is restored to "the state in which previously" it existed.

Getting to know the Justices of the Supreme Court.

From Philippines Supreme Court

Who are the current Justices of the Supreme Court? The official website gives educational and personal information on the current 2011 Supreme Court. I am surprised that the dates of appointment were not posted for all.

We will continue to revise this reference list on our honorable justices, adding their birthdays and other interesting information. The fact is that they are too human, they also have families, and have noble aspirations for our country but their decisions have so much impact on the ordinary Filipinos. The Supreme Court only deals with appealed cases and certain direct constitutional questions, it determines the constitutionality of the laws passed by Congress and its final executory decisions must be followed by the Executive branch.

Name SchoolNominated by
Chief Justice Renato CoronaAteneo G. Macapagal-Arroyo, April 9, 2002
Justice Antonio T CarpioUniversity of the PhlippinesG. Macapagal-Arroyo, October 26, 2001.
Justice Conchita Carpio- MoralesUniversity of the Philippines.G. Macapagal-Arroyo, September 3, 2002
Justice Presbitero J. Velasco Jr. University of the PhilippinesG. Macapagal-Arroyo,
Justice Antonio Eduardo B. NachuraSan Beda CollegeG. Macapagal-Arroyo,
Justice Teresita J. Leonardo-de CastroUniverity of the PhilippinesG. Macapagal-Arroyo,
Justice Arturo D. BrionAteneo de Manila University,G. Macapagal-Arroyo, March 17, 2008
Justice Diosdado M. PeraltaAteneo de Manila UniversityG. Macapagal-Arroyo, January 14, 2009
Justice Lucas P. Bersamin
University of the EastG. Macapagal-Arroyo,
Justice Mariano C. Del CastilloAteneo de Manila UniversityG. Macapagal-Arroyo,
Justice Roberto A. AbadAteneo de Manila UniversityG. Macapagal-Arroyo,
Justice Martin S. VillaramaManuel L. Quezon UniversityG. Macapagal-Arroyo,November 3, 2009
Justice Jose P. PerezUniversity of the Philippines.G. Macapagal-arroyo,December 26, 2009
Justice Jose C. MendozaSan Beda CollegeG. Macapagal-Arroyo,
Justice Maria Lourdes A. Sereno?University of the Philippines B. S. Aquino III

I am not a lawyer by profession. Any errors (misspellings, wrong data transcription) in this post are unfortunately mine and mine alone.

Saturday, February 26, 2011

Obama has spoken: Libya's Muammar Gadaffi has to go!

It is difficult to be a superpower today as the U.S. of A is, when other nations has outstripped it spectacularly in terms of growth in almost all good indicators.

Obama, the president of the US of A has already made a pronouncement: the 42 year reign of the dicator Col. Muammar Gaddafi has to end. You can be sure that whereas before, the USA can make the decision alone, this time it has to consult its western europe allies and other friends (including Philippines, we hope???!). Even the U.N. has gotten into the act by slapping sanctions against Libya.

Of course, from our nationalists point of view, this is just a world domination of a first world country. But lets face the facts: a lot of our people are working abroad because of failed or even absent local policies. With a high population growth rate, the Philippines is at the mercy of world events.

We take this opportunity to praise an unnamed French construction company for successfully sending home its Filipino workers back home to the Philippines safe and sound. We hope the crisis in Libya will end and the hardworking workers will have the chance to go back and earn precious money to feed growing families.

Chaddafi has done a lot to improve the lives of his countrymen, but he has ruled for so long!
Rememeber the saying "Event the Greeks get tired of the best!".

We hope Chaddafi listens, not because the US of A tells him to but to prevent futher bloodshed and violent suffering on his countrymen.

A foreign military overthrow is out of the question, such event may trigger terrorism in scattered Islamic countries.

And we hope extremists in Libya , who have kept quiet, will not gain the fruits of the people's revolution.

U.S. tells Gaddafi it is time to go as revolt closes in

Obama tells Qaddafi to leave immediately

Obama Calls for Gadhafi's Immediate Departure

UN slaps sanctions in Libya

Tuesday, February 22, 2011

The Obama dilemma. Shall the U.S. intervene or not?

The recent violent response of government authoritis in Libya has magnified the repercussions of the personal behavior of Gaddafi. He has reportedly threatened to sabotage oil installations in the country and to bring force, even using machine guns! to quell the demonstrations in Benghaszi sad even in the capital of Tripoli.Dead bodies are scattered in the streets and the whole Libyan scene is that of disarray.

Obama, as the president of the most powerful country in the world is in a quandarry. Shall he intervence or not in the affairs of the country? The past history showed that the U.S. will not shy away from confrontation with Libya. Witness the Gulf of Sidra affair where aircraft of the U.S Navay doffighted with aircraft from Libya over the safe passage in international waters near the Libyan coast. The best course of action is to consult with the Western Allies, making sure that current events in Libya will not lead to more catastrophic disruptions and greater sufferings of the Libyan people.

Near end of 40 year long strongman rule in Libya?

Col. Muammar al Gaddafi has that uncanny ability to cling to power for around forty years in oil rich Libya situated in North Africa. What with security apparatus to kill off opponents, even kill unarmed civilians in Benghazi and Tripoli with machine guns and aircraft bombing(WTF!), long time supporters, even from the military are starting to abandon his reign. Even he has to (fend off)fight off rumors of him escaping to Venezuela!

His personality may be tolerated but deep in the hearts of Libyans, the populace wants a taste of freeedom, no only the simple tasting of evil alcoholic drinks, but freedom to speak out, to create arts, to write novels, etc., freedom from hunger, freedom even from the sharia laws. (but Libya do not cut off hands of robbers).

We hope the end may not be more violent. After pulling off a coup against the royalty of King Idris, Gaddafi may face the prospect of being forced out by ordinary unarmed citizens of Libya!
His son is adamant that they can use excessive military force to preserve the government.

REuters: Flamboyant Gaddafi Clings to power

Wikipedia article on Libya

Saturday, February 19, 2011

Trouble brewing in Arab middle east.

After the successful ouster of former presidents President Zine El Abidine Ben Ali of Tunisia and Hosni Mubarak of Egypt, protesters have gathered in public squares in Iran, Bahrain, Libya and even in Syria.

The danger here is that extremist Islamists might grab power and bring instability to the whole Middle East region.Already Bahrain which is ruled by royals showed an iron hand by firing at defenceless demonstrators! forcing France and Britain to cut-off military aid and/or sales to the country.

The events have brought alarm and maybe fears to the long running leaders like the strongman Muamar Kaddafy of Libya and even the mullahs ruling Iran.

Further reading:

LATimes: Leaders of Libya and Yemen meet protests with deadly force
Calls for weekend protests in Syria
Houston Chronicle: Pro-government forces fire on mourners in Libya
Prison planet: Libya death toll reaches 80+!
WSJ: Bahraini demonstrators retake Pearl roundabout

To be continued....

Friday, February 18, 2011

Philippines signalling other countries that it is soft on the drug trade.

Filipinos abroad should be extra careful. Even if you are member of Congress, or just an ordinary tourist, if you are caught with drugs in your person, you will be violating the laws of the host country you are currently in.

Perhaps due to the major failings of the Justice system in the Philippines where enforcement is lax, where the lower courts including the higher courts "can be bribed" if you have the money and where friendship can becloud the concept of justice, Filipinos scream to high heaven on their misfortune when caught literally with drugs in their bodies or clothes or bags in other countries. They may cry that they are not drug pushers, but other firm countries do not distinguish between pushers and mules! They are all part of the evil drug business and will be stopped and executed if their transgression warrants it.

We commiserate with the relatives of the three Pinoys scheduled to be executed this coming Tuesday. Do you know what will happen if China grants clemency to the three Filipinos?

The own citizens will scream at their own government for "double" standards! Why can foreigners like Filipinos can get away and our own citizens when caught get shot or executed?!!!

See? China, the country which holds the three Filipinos have been executing people caught in the drug trade! Even their own citizens! Filipinos travelling abroad should understand that simple fact. Bribing their administrative people will only add to the guilt of the drug courier and speed up the carrying out of their sentence.

China has suffered terribly from the drug trade since the days of the British empire under Queen Victoria. The Chinese imperial government has banned opium and yet the British has complicitly encouraged addiction to opium. The opium war has been fought over this!

The Philippines should not go into a "tit-for-tat" executing Chinese caught with drugs in the Philippines. You can be sure that chinese who are caught in the Philippines are not given sympathy by the Chinese government given full public information on the cases.

It is high time that the Phil. government flexes its moral weight and fix its flawed justice system. We can only shed tears for our condemmed countrymen, but they were caught red-handed and deemed guilty. And of course, they pay the price of temporary indiscretion. Money talks! And moreover, these caught countrymen are also endangering their fellow Filipinos who travel abroad.
Moreso, if these Filipinos get reprieve and granted mercy, following Filipinos will think they can also get away with being a drug mule.

Say a prayer for them,please, but accept whatever happens.

Tuesday, February 8, 2011

Readings on Angelo Reyes

From ABS-CBN, GMA7news, Inquirer

Hope the list of news item could help the reader in the analysis of Former DND Sec. Angelo Reyes life and death.

Where is the smoking gun?

Where is the smoking gun? Where is the suicide note?

Angelo Reyes commiting suicide? Usually military people shoot themselves in the head side or through the mouth. The late Gen. Reyes was shot in the chest!

And where is the official autopsy report?

As long as the gun is not analyzed, I will not believe that he did it. The immediate comments of the "witnesses" sounds scripted to me. Sorry if I feel this way.

If they don't surrender the gun, the man was MURDERED
and those hiding it are part of a conspiracy.

Who declared it was a suicide? Only the police, detectives and the courts can declare with finality it was a SUICIDE.

Who is/are hiding the gun?

Sunday, February 6, 2011

A stunning indictment of the Office of the Ombudsman.

This news item needs an a more airing:’s numbers vs crooks
fail, despite flood of funds

We cannot republish the news item in full here due to copyright reason, but we will summarize the
findings and conclusion later. We will take our sweet time to do this since we are ordinary private citizens with no funding.