MANILA — The Supreme Court has upheld the validity of the amnesty granted to former senator Antonio F. Trillanes IV by the government, declaring the revocation order issued by former President Rodrigo Duterte through Proclamation No. 527 as “unconstitutional.”
In its decision released on Wednesday, the Court asserted that a sitting Chief Executive lacks the authority to revoke an amnesty grant without the concurrence of Congress.
Furthermore, it emphasized the paramount importance of the Bill of Rights, affirming that neither the Government nor any of its officials, including the President, are exempt from adherence to the law.
The Court highlighted that the revocation of Trillanes’ amnesty, long after its finality and without prior notice, constituted a violation of his constitutional right to due process.
Duterte’s proclamation, aimed at reopening criminal cases against Trillanes that had been conclusively dismissed, was deemed to contravene the former lawmaker’s constitutional protections against ex post facto laws and double jeopardy, according to the Court.
Moreover, the Court found compelling evidence supporting Trillanes’ submission of his amnesty application.
“In weighing the exercise of presidential prerogatives against the safeguarding of citizens’ rights, the Constitution and the laws serve as the Court’s guiding principles,” the Supreme Court concluded.
(By el Amigo/MNM)
By Liezelle Soriano
MANILA — The Department of Justice (DOJ), Supreme Court, and the Department of the Interior and Local Government (DILG) have launched their 13th Justice Zone in Dagupan City, Pangasinan.
According to the DOJ, Justice Zones are strategic geographic locations focused on coordinating among the SC, DOJ, DILG, and other Justice Sector Coordinating Council (JSCC) partners for the speedy and efficient administration of justice within a local sphere.
Justice Secretary Jesus Crispin Boying Remulla assured that justice would always prevail.
“The Department of Justice is honored to be part of this momentous occasion where we can stand united once again with our partners in the swift and efficient administration of justice. On behalf of the Department, I want to reiterate my commitment that we will be relentless and unwavering more than ever in our pursuit of justice,” Remulla said.
Meanwhile, in his message delivered by DILG Undersecretary Lord A. Villanueva, DILG Secretary Benhur Abalos expressed solidarity in the cause of bringing accessible justice for all.
“Ang DILG, bilang isa sa mga bumubuo sa JSCC kasama ang SC at DOJ, ay patuloy na magta-trabaho para siguruhin ang paglaganap ng kapayapaan, kaayusan, at pagtataguyod ng hustisya para sa lahat sa ating bansa,” he said.
The DOJ, SC, and DILG are member agencies of the JSCC, which was institutionalized under the Philippine Development Plan (PDP) 2023-2028.
Justice Zones were also earlier installed in Quezon City, Cebu City, Davao City, Angeles City, Bacolod City, Naga City, Calamba City, Balanga City, Baguio City, Zamboanga City, Tagaytay City, and Puerto Princesa City.
(el Amigo/MNM)
By Liezelle Soriano
MANILA — In observance of International Day of Women, the Supreme Court has granted a “day off” to all women judges of the Philippines every 10th day of March.
A memorandum signed by Senior Associate Justice and Acting Chief Marvic Leonen on Monday 11 March 2024), said that the move was to promote the full and equal participation of women at all levels of the judiciary.
Leonen said that they dedicate the day to honor and highlight the leadership of women in “upholding the judiciary’s commitment to the rule of law, equality, and peaceful dispute resolutions.”
“As we commemorate this international day, I am inviting all justices, judges, and court personnel to unite and participate in observing the role that women in the judiciary play to strengthen our judicial institutions and uphold judicial integrity,” the memo read.
“Let us take this time to appreciate the resilience, persistence, and determination of our women judges to safeguard and promote meaningful freedoms for all people,” it added.
The United Nations has declared every 10th day of March as the International Day of Women Judges.
However, this year, the SC observed the International Day of Women Judges on Monday, March 11.
(el Amigo/MNM)
MANILA — The Supreme Court has upheld the Metropolitan Manila Development Authority’s (MMDA) Single Ticketing System (STS), effectively barring local government units (LGUs) in Metro Manila from issuing their traffic violation tickets.
In a decision authored by Associate Justice Alfredo Benjamin Caguioa and dated July 11, 2023, but only made public this week, the Court declared invalid the ordinances of 15 Metro Manila LGUs that permitted them to issue traffic violation tickets and ordinance violation receipts, as well as confiscate licenses of erring motorists.
However, the Court clarified that other local ordinances remain valid and unaffected by this ruling. It emphasized that the autonomy of LGUs is safeguarded by the structure of the MMDA as established by the MMDA Law.
The directive mandates LGUs to adhere to the STS, which standardizes and harmonizes fines and penalties for common traffic violations across the National Capital Region. Covering both major and secondary thoroughfares within Metro Manila’s jurisdictional bounds, the STS aims to streamline the enforcement of traffic regulations.
The decision resolves a petition filed by drivers and operators of public utility vehicles on December 21, 2006. The petition challenged the ticketing system of the 15 LGUs, arguing that their traffic code provisions contravene sections 29 and 62 of the Land Transportation Office law, which grants authority to the agency to confiscate driver’s licenses and issue prescribed receipts for violations of local traffic rules and regulations.
(el Amigo/MNM)
By Liezelle Soriano
MANILA — The Supreme Court has inaugurated a One-Stop Shop aimed at enhancing the systematic and efficient workflow of court processes.
This facility will cater to all concerns falling under the purview of the Judicial Records Office (JRO), Fiscal Management and Budget Office (FMBO-Cashier), and the Office of the Bar Confidant (OBC).
The Receiving Section of the JRO will maintain its primary function, with designated windows for filing initiatory pleadings and petitions, as well as subsequent pleadings.
Additionally, the One-Stop Shop will serve as a centralized hub for the Office of the Bar Confidant (OBC), facilitating requests for various certifications including bar membership, bar ratings, good standing (indicating no pending cases), verification, and bar examinations abroad. Moreover, it will handle administrative cases and complaints against lawyers.
During the “bar season,” extra windows will be added to accommodate the influx of bar applicants and candidates.
“The SC One-Stop Shop is in line with the Supreme Court’s Strategic Plan for Judicial Innovations (SPJI), prioritizing Efficiency, Innovation, and Access by consolidating frontline services, digitizing processes, and addressing public concerns in a single location,” stated the SC.
(el Amigo/MNM)
MANILA — The Supreme Court has taken a significant stride in safeguarding the rights of minors embroiled in legal proceedings by issuing comprehensive guidelines aimed at addressing discernment concerning children in conflict with the law.
Applauding the move, BHW party-list Representative Natasha Co, Chairperson of the House Committee on the Welfare of Children, lauded the wisdom exhibited by the SC justices in formulating these guidelines, emphasizing their importance in determining the cognitive capacity of minors accused or suspected of crimes.
“The guidelines address the challenging task of discerning whether minors understand the distinction between right and wrong and the consequences of their actions,” stated Co, highlighting the crucial role of clarity in balancing accountability with juvenile rights protection.
Contrary to the belief in blanket exemption for minors from criminal responsibility, the SC’s guidelines are stringent and exact, ensuring the protection of children’s rights throughout legal proceedings.
This development holds particular significance for frontline workers, including barangay officials, police officers, social workers, and educators. The prevalent misconception among both the public and law enforcement personnel regarding minors’ immunity to criminal liability underscores the importance of the SC’s guidelines in guiding stakeholders to effectively handle cases involving juvenile offenders.
Calling upon various government agencies, Co urged the Department of the Interior and Local Government, the Department of Social Welfare and Development, the Department of Education, and the Commission on Higher Education to widely disseminate the SC guidelines. Co stressed the necessity of ensuring the guidelines reach barangays, schools, and the media to educate both youth and parents about their rights and responsibilities under the law.
Moreover, Co emphasized the need to translate and annotate the guidelines into Filipino, English, Arabic, and regional languages to ensure accessibility across all segments of society, fostering greater understanding and compliance.
In conclusion, the issuance of definitive guidelines by the Supreme Court marks a significant milestone in the protection of children in conflict with the law. Co urged all stakeholders to uphold these guidelines diligently, thereby ensuring the fair and just treatment of minors within the legal system.
(el Amigo/MNM)
By Junex Doronio
MANILA — Apprehesive of the possible abolition of the Senate, former Supreme Court (SC) Associate Justice Antonio Carpio on Sunday (29 Jan 2024) said the House of Representatives could transform the government into a parliamentary system if an ongoing People’s Initiative (PI) campaign prospers.
Citing duplication of legislative work and the “inefficient populist” presidential form of government, some groups have aired preference for a unicameral legislature and under the parliamentary system of government is headed by a prime minister, who will be elected among members of parliament.
“They can convert the government to parliamentary kahit 24 senators will oppose, balewala ‘yan,” Carpio said in an interview with TeleRadyo Serbisyo.
It can be noted that the ongoing PI, one of three ways to revise the constitution, seeks that senators and congressmen vote jointly on charter change proposals, instead of separately as two houses of Congress.
This would mean the 24 senators will be outnumbered by the House of Representatives composed of 316 congressmen, 253 from congressional districts and 63 party-list representatives.
Carpio also agreed that the ongoing people’s initiative — which he has also dubbed as “unconstitutional” — would result in a “constitutional crisis” because the House could “abolish” the Senate.
“Under the proposal nila, the present people’s initiative, pag pumasa ‘yan, the House alone can convene as a constituent assembly to propose amendments to the constitution,” Carpio said.
Meanwhile, the Diskarteng Pinoy in Region 7 has expressed favor in charter change to push for economic reforms, with foreign investors coming into the country to provide jobs and high wages to Filipino workers.
The group is also campaigning for a parliamentary system of government, saying it has been proven effective in Canada, Australia, New Zealand, Japan, and many European countries.
(el Amigo/MNM)
By Junex Doronio
MANILA — Dubbed the “court of last resort,” various transport groups, including those from as far as Negros Island, trooped to the Supreme Court (SC) on Tuesday (23 Jan 2024) in time for its en banc session to call for the immediate issuance of a temporary restraining order against the public utility vehicle (PUV) modernization program.
Piston national president Mody Floranda expressed hope that the High Tribunal would issue a TRO before the end of January.
“Wala namang operator na gustong maging colorum yung kanilang mga sasakyan. Una, hindi pinapayagan ng LTFRB (Land Transportation Franchising and Regulatory Board (LTFRB) na mag-renew ng kanilang PA o temporary permit to operate,” Floranda said.
For his part, Manibela president Mar Valbuena said the government should focus on helping their sector.
“Itong gobyerno natin dapat pangalagaan niya yung mamamayan niya na huwag mawalan ng hanapbuhay. Kabaligtaran po ang ginagawa, tinatanggalan niya ng kabuhayan yung mga drivers at operators na mga kasamahan po natin,” Valbuena lamented.
Lilian Sembrano, chairwoman of the transport group KABACOD Negros, also aired solidarity with the transport groups in the National Capital Region (NCR).
“Lumuwas kami talaga dito, para makita ng Korte Suprema na hindi lang yung Metro Manila o NCR yung apektado,” Sembrano quipped.
It’s no retreat, no surrender for Piston and Floranda disclosed that they would mount another transport protest and were just finalizing its exact date.
As an act of defiance, Floranda said Piston members would continue plying their regular routes on February 1, despite a stern warning from regulators that all unconsolidated public utility jeepneys (PUJs) would be deemed “colorum” and apprehended.
(el Amigo/MNM)
By Liezelle Soriano
MANILA — The Supreme Court has announced that the 2024 Bar Examinations will take place on September 8, 11, and 15, maintaining its digitalized and regionalized format.
Associate Justice Mario Lopez serves as the 2024 Bar Chairperson.
“Considering the achievements and wealth of experience from previous years, the 2024 Bar Examinations #BarNiJLo2024 will remain digitalized and regionalized, featuring a condensed schedule and multiple examiners,” stated Bar Bulletin No. 1 issued on Monday (December 11, 2023).
“The 2024 Bar Examinations #MostValuableLaban will bridge the gap between the study and practice of law, guiding qualified examinees in their transition from law students to ‘practice-ready’ and ‘capable’ lawyers.”
The questions will focus on practical skills and jurisprudential perspectives to demonstrate analytical and problem-solving abilities, a strong sense of ethics, professionalism, empathy for clients, and a commitment to public service as minimum benchmarks for admission to the practice of law, as per the Supreme Court.
The seven (7) core subjects will remain (1) Political and Public International Law, (2) Commercial and Taxation Laws, (3) Civil Law, (4) Labor Law and Social Legislation, (5) Criminal Law, (6) Remedial Law, and (7) Legal and Judicial Ethics with Practical Exercises.
(ai/mnm)
MANILA — The government has taken the lead in organizing a summit on jail decongestion in Manila. Held Tuesday (05 Dec 2023), the summit is a collaborative effort involving the Supreme Court (SC) and various stakeholders.
The primary objective is to conduct a thorough analysis of the country’s penal system and formulate effective measures to alleviate prison congestion.
As highlighted in the 2022 annual audit report from the Bureau of Jail Management and Penology (BJMP), the Commission on Audit (COA) revealed that, among the 478 jail facilities nationwide, a significant 67.57 percent, or 323 facilities, are heavily congested.
These facilities exhibit an alarming occupancy rate of up to 2,739 percent and a congestion rate reaching 2,639 percent.
Visual documentation of the living conditions within the Manila City Jail in Sta. Cruz, Manila, vividly captures the extent of congestion faced by Persons Deprived of Liberty (PDL).
The images shown here underscore the urgent need for comprehensive reforms in the country’s penal infrastructure.
(Report and photography by Benjamin Cuaresma/AI/MNM)
By Junex Doronio
MANILA — The Supreme Court on Monday asked Vice President Sara Duterte to comment on a petition for certiorari with regards to the P125 million confidential funds spent by the Office of the Vice President (OVP) in just 11 days in 2022.
On Monday, the court released a notice dated Nov. 14, 2023, requiring VP Duterte, Executive Secretary Lucas Bersamin, and Budget Secretary Amenah Pangandaman to “comment within 10 days from notice hereof.”
To recall, the controversy of the P125-million confidential funds which was spent in just 11 days in 2022 as exposed by pro-administration ally, Marikina City Representative Stella Quimbo caused public uproar and is even believed to have caused the sudden drop of Inday Sara’s popularity in recent surveys.
“Tandaan ninyo—kung sino man ang kumokontra sa confidential funds ay kumokontra sa kapayapaan. Kung sino ang kumokontra sa kapayapaan ay kalaban ng bayan,” VP Duterte declared last October 5.
But last November 7, petitioners led by lawyers Christian Monsod, Katrina Monsod, Barry Gutierrez, and RP Santiago said the transfer of funds from the Office of the President (OP) to the OVP as confidential funds and expenses was unconstitutional.
The High Tribunal was asked to order the OVP to return the P125 million confidential funds it spent in 2022 to the government’s treasury.
(ai/mnm)
By Liezelle Soriano
The Supreme Court has sentenced two human traffickers of life imprisonment after they have been found guilty of qualified human trafficking for peddling minors for sex.
The human traffickers, namely Rizalina Janario Gumba ang Gloria Buena Rellama was convicted of qualified human trafficking under Section 4(a), in relation to Section 6(a), of Republic Act No. 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by RA 10364 or the Expanded Anti-Trafficking in Persons Act of 2012.
The SC sustained the decision of the lower courts’ conviction of the said crime, specifically the trafficking of children for the purpose of prostitution.
According to SC, the accused were floor managers of a bar in Cavite where they hired victims AAA and BBB, both 15 years old, and PPP and GGG, both aged 18, and other young girls in their early 20s.
Upon the tip regarding the prostitution, undercover agents went to bar and Gumba and Rellma told the former that they could pay P1,500 to have sexual intercourse with the girls.
Few days after the undercover incident, police officers set the entrapment and rescue operation that led to the arrest of and filing of charges against the duo.
Aside from life imprisonment, Gumba and Rellama must also pay the fine of P2 million and pay the victims P500,000 for moral damages and P100,000 in exemplary damages each, both sums with six (6) percent legal interest per year.
(ai/mnm)
By Liezelle Soriano
ON the first day of the Bar exams, 10,404 would-be lawyers took the test,, the Supreme Court said on Sunday.
The court earlier announced that there were 10,816 Bar examinees.
San Beda University-Manila had the highest number of Bar takers – 1,614. It was followed by the University of the Philippines which had 1,066 and Saint Louis University, 988.
The Bar exams this year will only be for three days— September 17, 20 and 24.
Bar chairperson and Associate Justice Ramon Paul Hernando said that the court plans to release the Bar Exam results in early December.
“My team and I are eyeing the release of the results of the 2023 Bar examinations in early December, before Christmas Day,” Hernando said.
“Moreover, there will be simultaneous oath taking and signing of the Roll of Attorneys in December also before Christmas Day so that we will have our new batch of full-fledged lawyers before 2023 ends,” he added.
By Liezelle Soriano
MORE than 10,000 law graduates are set to take the 2023 Bar Examinations scheduled on September 17, 20, and 24, the Supreme Court said.
Of the 10,816 examinees, 5,832 are first time takers while 4,984 candidates are repeaters.
The high court will deploy 2,571 personnel to man testing centers nationwide.
“This number includes court officials; judges; numerous personnel from the Supreme Court, the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, and First- and Second Level Courts; and lawyers in the government and private practice,” it said.
The testing centers are:
National Capital Region
1) San Beda University – Manila
2) University of Santo Tomas
3) San Beda College Alabang
4) University of the Philippines – Diliman
5) Manila Adventist College
6) University of the Philippines – Bonifacio Global City
Luzon
7) Saint Louis University
8) Cagayan State University
9) University of Nueva Caceres
Visayas
10) University of San Jose – Recoletos
11) University of San Carlos
12) Dr. V. Orestes Romualdez Educational Foundation
Mindanao
13) Ateneo de Davao University
14) Xavier University