Sereno appointment incites mixed reactions on Twitterverse

Immediately after Justice Maria Lourdes Sereno was appointed Chief Magistrate, keywords such as "Chief Justice," "Supreme Court," "Maria Lourdes Sereno," "Justice Sereno," "CJ Sereno," and "Sereno" became trending topics on Twitter.

While some were excited at the prospect of a woman with "legal competency, unquestioned integrity, endless energy, deep spirituality, and humility" in power, as Ateneo de Davao University President Fr. Joel Tabora, SJ, put it, others were doubtful of her independence from Malacañang, even sending their "condolences" to the country, as Arroyo lawyer Ferdinand Topacio put it.

source: interaksyon.com

Chief justice post gets 3 more nominees from outside Supreme Court

MANILA, Philippines -- Three outsiders have been nominated to replace ousted chief justice Renato Corona, according to a member of the Judicial and Bar Council (JBC).

The nominees are Katrina Legarda, Solicitor-General Francis Jardeleza, and Ateneo De Manila College of Law Dean Cesar Villanueva, said JBC member Jose Mejia.

Automatically nominated to the post are the five most senior associate justices of the Supreme Court, namely, Chief Justice Antonio Carpio, Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Arturo Brion, and Diosdado Peralta.

Nominations for the next chief justice formally opened on June 6 and will end on June 18.

The JBC is the constitutional body tasked to screen nominees to vacant posts in the judiciary and the Office of the Ombudsman and then submit a shortlist to the President from which he will pick choices.

Aside from Mejia, other members of the JBC are Carpio as acting chair ex-officio; Senator Francis Escudero and Representative Niel Tupas Jr., representing the legislative branches; Justice Secretary Leila De Lima as an ex-officio member; lawyer Ma. Milagros Fernan-Cayosa, representing the Integrated Bar of the Philippines; retired Supreme Court Associate Justice Regino Hermosisima Jr., representing retired justices; and Aurora Santiago-Lagman representing the private sector.

Carpio and De Lima, who is said to be a possible nominee along with Bureau of Internal Revenue chief Kim Henares, had inhibited themselves from the JBC deliberations.

source: interaksyon.com

Uncertainty about Corona guilt strong but majority trust Senate to be fair - survey

MANILA, Philippines -- Just below half of all Filipinos -- 47 percent -- think Chief Justice Renato Corona is guilty of the charges against him but almost as many -- 43 percent -- have yet to make up their minds about him, the results of a recent Pulse Asia released on Tuesday showed.

However, only five percent of respondents to the survey conducted form February 26 to March 9 think the Chief Justice is innocent and, of this percentage, only one percent believes he is “definitely innocent.”

Most of those who think Corona is innocent are in Metro Manila, the rest of Luzon and Mindanao and belong to Classes D and E, the survey showed.

Of those who think Corona guilty, only 15 percent are certain about his guilty while 33 percent see him as “probably guilty.

The survey also showed a high level of interest among Filipinos in Corona’s impeachment trial, with eight out of 10 saying they follow the proceedings.

But no matter how they feel about Corona, the majority of the respondents -- 69 percent -- said they expect the Senate to be fair and impartial in judging the case against the Chief Justice.

This sentiment prevailed across geographic areas and socio-economic groups.

Public opinion was also split on the question of whether the House of Representatives railroaded Corona’s impeachment, with 32 percent saying it did and 38 percent believing otherwise.

But in Metro Manila, almost 50% of the respondents believe the House fast-tracked the process.
The survey was conducted among 1,200 adult respondents and has a +/-3% error margin.

The prevailing issues at the time of the survey were Corona’s impeachment trial, the arraignment for electoral fraud of former President Gloria Macapagal-Arroyo, the magnitude-6.9 earthquake that struck the Visayas, and the 26th anniversary of the 1986 People Power uprising.

source: interaksyon.com

Aquino speech 'irresponsible and desperate'

MANILA, Philippines -- An opposition leader in the House of Representatives on Friday said President Benigno Aquino III's call to the public to take a more active role in the impeachment trial was "irresponsible" and "desperate."

"The administration, led by the President, is conditioning the minds of the people that the Chief Justice is already guilty. He is pressuring the senator-judges to vote against the Chief Justice by saying it is their obligation to do what the people want but is it truly what they want or what he wants?” Zambales Representative Ma. Milagros Magsaysay said.

Magsaysay made these remarks after President delivered a speech which said that before the EDSA revolution in 1986, ordinary people embarked on a civil disobedience campaign to show that the power rests on the public and not on the government of then-dictator Ferdinand Marcos.

The lawmaker said that reminding the people about civil disobedience was like telling them to "recreate history," which she said was "irresponsible" and "desperate." She said there are no short cuts to the trial of Chief Justice Renato Corona and that the process must be observed.

"The role of the senator-judges is to serve the interests of the people by making their judgment based on evidence, not to kowtow to pressure or submit to the demands of the administration," she said. "There are rules to follow and what he (President) wants is to railroad the process as he had with the signing of the impeachment complaint, depriving Corona of the chance to present his side of the story," she added.

Instead of meddling with the trial, Magsaysay said the President should just focus on the economy.

source: interaksyon.com

Senate grants subpoena for Corona bank records

The Senate, sitting as the impeachment court, on Monday granted the request of the House prosecutors to subpoena to the trial representatives of the Philippine Savings Bank (PSBank) and Bank of the Philippine Islands (BPI), as well as documents related to the alleged bank accounts of impeached Chief Justice Renato Corona.

"The majority votes to grant the prosecution's request for subpoena to the responsible officers of the PSBank and the BPI to testify and bring and/or produce before the court documents on the alleged bank accounts of Chief Justice Corona only for the purpose of the instant impeachment proceedings," said the Senate resolution, as read by Senate Majority Floor Leader Vicente Sotto III.

The prosecution had earlier filed separate subpoena requests for the managers of BPI Ayala branch and PSBank Katipunan branch, who will be made to testify on Article II of the impeachment complaint, which accuses Corona of failure to properly disclose all his assets in his Statements of Assets, Liabilities and Net Worth (SALNs).

The Senate ordered two bank representatives to appear before the impeachment court on Wednesday, February 8.

The BPI executive was also asked to bring with him:


original and certified true copies of Corona's account opening form and other documents of his 1445-8030-61 account,
monthly bank statements from December 31, 2005 to 2010


On the other hand, the PSBank executive was asked to bring with him original and certified true copies of the account opening form and other documents for the following bank accounts allegedly in the name of Corona and the documents showing the balances of the same from December 31, 2007 to 2010:


089-19100037-3
089-13100128-6
089-12101735-8
089-12101959-3
089-12102012-2
089-12102168-1
089-14100712-9
089-14100746-9
089-14100814-5
089-12101195-7


The defense panel had earlier objected to these requests, saying the testimonies of the bank officials are meant to prove paragraph 2.4 of the impeachment complaint, which had already been disallowed by the Senate.

Paragraph 2.4 of the Articles of Impeachment states that "Respondent is likewise suspected and accused of having accumulated ill-gotten wealth, acquiring assets of high values and keeping bank accounts with huge deposits. It has been reported that Respondent has, among others, a 300-sq. meter apartment in a posh Megaworld Property development at the Fort in Taguig. Has he reported this, as he is constitutionally-required under Art. XI, Sec. 17 of the Constitution in his Statement of Assets and Liabilities and Net Worth (SALN)? Is this acquisition sustained and duly supported by his income as a public official? Since his assumption as Associate and subsequently, Chief Justice, has he complied with this duty of public disclosure?"

On Monday, lead defense counsel Serafin Cuevas said they intend to appeal the decision, citing laws that protect bank records from scrutiny. Senator Francis Escudero, however, said that only senator-judges can appeal the court's rulings.

Senate President Juan Ponce Enrile, the presiding officer, said that they have yet to decide whether the bank records would be admitted as evidence.

"Whether those evidence subpoenaed are admissible evidence given the fact that they appear in violation of existing laws is a question that must be resolved in due course," he said.

He specifically cited the Republic Acts 1405 and 6426.

"Nobody is immune from that penalty [under these laws] whether you are a member of the court," said Enrile. "Whether the appearance of this will impair its admissibility as an evidence is something that this court cannot at the moment resolve this issue." - KBK, GMA News

source:gmanetwork.com

SEC official takes witness stand in Corona trial

The prosecution team on Wednesday called to the witness stand an official from the Securities and Exchange Commission (SEC) to testify on the P11-million loan Chief Justice Renato Corona got from his wife’s firm.

Benito Cataran, director of the SEC Company Registration and Monitoring Department, appeared during the 10th day of the Senate impeachment trial to present documents on the Basa-Guidote Enterprises Inc., owned by Corona’s wife, Cristina.

Cataran was supposed to appear as witness on Tuesday, but his testimony was deferred after Senate President Juan Ponce Enrile, who is presiding over the impeachment trial, asked the prosecution to present another witness—Megaworld marketing director Noli Hernandez.

Oriental Mindoro Rep. Reynaldo Umali, one of the public prosecutors, said the prosecution will prove that Corona managed to secure a loan with Basa-Guidote Enterprises in 2003, even after the company’s license was revoked during the same year.

In his 2004 Statement of Assets, Liabilities and Net Worth (SALN), Corona declared a P11-million loan from his wife’s firm. The chief justice continued to declare the loan as his liability until 2009.

Among the accusations against Corona, an appointee of former President Gloria Macapagal-Arroyo, is that he amassed ill-gotten wealth while in the Supreme Court — an accusation Corona has repeatedly denied. — Andreo C. Calonzo/KBK, GMA News

source: gmanetwork.com

Palace exec: Corona's acceptance of P10-M discount could be in violation of New Code of Judicial Conduct

A Malacanang official on Tuesday said impeached Chief Justice Renato Corona’s acceptance of a P10-million discount for the purchase of a posh condominium in Taguig City could be in violation of the New Code of Judicial Conduct.

"Nakalagay [doon] na hindi po pwedeng tumanggap ng kahit anong regalo, donasyon, utang, discount, gratuity," deputy presidential spokesperson Abigail Valte said at a press briefing.

Valte was referring to Section 13 of the Canon 4 (Propriety) of the code which states: "Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties."

Asked if there is sanction on judges or justices who violate the code, Valte said it is up to the SC to determine the sanction.

"The SC is the one that determines the sanction for errant judges who are alleged to have committed violations of the Code of Judicial Conduct. However, SC Justices are subject to impeachment as mandated by the 1987 Constitution," she said.

Valte said the officials in the executive department, the President in particular, are very careful in accepting gifts.

"The president is also not in the habit of accepting (gifts) kasi bawal po talaga e. In fact, the President po tumatanggap ng regalo sa kanyang mga kapamilya kapag birthday niya which is malapit na at pag Pasko, mga small family occasions," she said.

In addition, Valte added the Department of Budget and Management has a policy of not accepting gifts brought to the office.

"In DBM nga po me policy sila na pag me nagdadala ng regalo sa department hindi na tinatanggap ng guard, hindi ho pinapapasok. We are quite strict also about receiving gifts," Valte said.

She said the issue about the discount should be further pressed "dahil maraming nagtataka na 40 percent yung discount."

The President’s spokesperson said it is now up to the defense panel to explain the issue.

"I suppose we will have to wait for the turn of the defense to counter the allegations that were brought up yesterday. Ang sabi ng witness 15 to 20 percent yung normally binibigay, it came from the mouth of the witness so it’s their standard policy to give out 15 to 20 discount on such purchases. If it’s usual, it’s up to them to explain why they gave a higher than the usual discount," she said.

During Monday’s impeachment trial, Megaworld finance director Giovanni Ng said one of the penthouses at Bellagio was sold to Corona and his wife at a bigger discount because of some technical and finishing issues with the unit.

A spokesperson for the defense, lawyer Tranquil Salvador III, said the discount given to Corona was a "regular marketing practice" and not a sole privilege given to the chief magistrate.

"As a matter of regular marketing practice po kaya binigyan ng discount si Chief Justice. Ang usual arrangement nga po [ng discount] ayon na rin sa witness [Ng] ay 15% to 20%," Salvador told reporters after Tuesday's trial. — Amita Legaspi/RSJ, GMA News

source:gmanetwork.com

Prosecution to present Marikina register of deeds as next witness vs Corona

The prosecution will present on Thursday as its next witness in the impeachment trial of Chief Justice Renato Corona the register of deeds of Marikina City in connection with his alleged questionable assets.

The prosecution team had called on the witness during Wednesday's trial, but before he could be identified, Senate President Juan Ponce Enrile, the presiding officer, moved that the Senate adjourns the trial as the impeachment court for the day. It will resume on Thursday at 2 p.m.

Chief prosecutor Niel Tupas Jr. had manifested that they have eight witnesses lined up. Enrile asked the witnesses to mark the evidence they have with them before appearing before the Senate on Thursday.

Earlier in the day, SC clerk of court Atty. Enriqueta Esguerra-Vidal testified and was compelled to surrender the Statements of Assets, Liabilities and Net Worth (SALN) of Corona from 2002 to 2011.

Malacañang Records Office head Marianito Dimaandal was also called to the stand in connection with Article II of the Articles of Impeachment, which accuses Corona of failure to disclose his SALNs.

The Senate has also subpoenaed the registers of deeds and city assessors of Quezon City, Marikina City, Makati City, Taguig City, Pasay City, and Paranaque City. - Kimberly Jane Tan/KBK, GMA News

source:gmanetwork.com

Alleged Corona ill-gotten wealth irrelevant to trial — defense lawyer

The alleged ill-gotten wealth of Chief Justice Renato Corona during his 10-year tenure as a Supreme Court justice is “irrelevant” in the Senate impeachment trial, one of his lawyers said Monday.

Lawyer Eduardo delos Angeles explained in his opening statement at the start of the trial that the prosecutors were creating “the impression that he [Corona] accumulated ill-gotten wealth,” noting that the impeachment bid should not focus on Corona’s properties as he is accused of graft and corruption and not of acquiring ill-gotten wealth.

Delos Angeles clarified that Corona only owns five real properties, adding that “the pictures of Bellagio [condominium] and the bloated list of titles are therefore irrelevant to this trial.”

The House prosecutors had earlier presented 45 land titles of properties that allegedly belonged to Corona. The titles were acquired from the Land Registration Administration.

The House of Representatives impeached Corona on the following grounds:

partiality and subservience in cases involving the Arroyo administration;
failure to disclose to the public his statement of assets, liabilities and net worth (SALN);
issuance of flip-flopping decisions in final and executory cases;
issuance of the “status quo ante” order against the House of Representatives in the case concerning the impeachment of Ombudsman Merceditas Gutierrez;
decision in favor of gerrymandering in the cases involving 16 newly-created cities, and the promotion of Dinagat Island into a province;
mproper creation of the SC ethics committee
granting temporary restraining order in favor of former President Arroyo; and
failure and refusal to account for the Judicial Development Fund (JDF) and special allowance for the judiciary collections.

Delos Angeles said the defense has “documentary evidence” to prove that Corona accounted for the Judiciary Development Fund, as opposed to the accusation by the prosecutors.

“The Supreme Court and the Chief Justice cannot be considered the enemies of the people,” Delos Angeles said, adding that “this impeachment sends a chilling threat to the Supreme Court, to withhold the exercise of it judicial power and just let the President have his way.” — Rouchelle Dinglasan/KBK, GMA News

source:gmanetwork.com

Corona argument on Arroyo watch list order centers on right to life

Unlike his fellow magistrates who focused on a person's right to travel, Chief Justice Renato Corona instead centered on the right to life during Tuesday's oral arguments for and against the watch list orders issued against the Arroyo couple.

During the latter part of the arguments, Corona posed a question to Anacleto Diaz, counsel for former President Gloria Macapagal-Arroyo, on what does he think is the right violated by the Department of Justice's (DOJ) Department Circular 41, which paved the way for the watch list order against the Arroyo couple.

Diaz took the stand to insist the watch list order violated Mrs. Arroyo’s right to travel, which they described as "absolute" and was enshrined under Section 6 Article III of the 1987 Philippine Constitution.

In response to Corona's question, Diaz said: "I place a person's right to life paramount to all other rights."

Corona uttered back: "Yes, right to life. That's a right guaranteed not only by the Philippine Constitution but also guaranteed by the United Nations Human Rights Commission."

Added Corona, who was one of the 12 current magistrates appointed by Mrs. Arroyo while she was president: "[A person has a right] to live life as life should be lived."

No basis

Diaz claimed there was no basis for the DOJ to issue DC 41, which he said was "violative of a person's right to travel. "Public officials should not be allowed to strike when and where they please. They should not be allowed to use unchanneled governmental power," he said.

Under the Constitution, a person's right to travel should not be impaired except in the interest of national security, public, health, and public safety.

Diaz said there is no law authorizing the DOJ to issue a watch list or a hold departure order to anyone being subjected to a preliminary investigation by the department.

"With the absence of any law, there is no basis for DC No. 41. It is clear that DC is clearly violative of a person’s right to travel," he said.

For his part, Justice Antonio Carpio likened the issuance of a watch list order to the issuance of a subpoena. "A prosecutor can issue a subpoena during preliminary investigation compelling respondents to appear," he said.

"The prosecution can also inform the immigration service not to allow the departure of respondents until he or she complies with the subpoena," Carpio added.

Satisfied

Justice Diosdado Peralta openly said he was "satisfied" with Diaz's explanation. Contradicting Carpio, Peralta said: "A subpoena is not equal to a hold departure order."

But unlike Corona and Peralta, Associate Justice Ma. Lourdes Sereno seemed unconvinced with Diaz's arguments.

Corona and Peralta were among eight justices who earlier voted in favor of a temporary restraining order against the watch list orders. The TRO rendered the Arroyo couple free to travel abroad.

Sereno and Caprio, on the other hand, were among the five justices who dissented.

"Why are we going to make an exceptional case and not make a presumption that the Arroyo administration did not believe that?" Sereno asked Diaz.

Mistake

The associate justice noted that under the Arroyo administration, more than 6,000 people became subject of a watch list or a hold departure order by virtue of Department Circulars 17 and 18.

In response, Diaz admitted it was a "mistake" when government officials under the Arroyo administration enforced the plethora of watch list and hold departure orders issued at the time.

The watch list order issued against the Arroyo couple was based on DC 41, which superseded the previous DC 17 and 18. DC 41 was issued in May 2010, still during Mrs. Arroyo's tenure as chief executive.

The subject of Tuesday's oral arguments was the couple's separate petitions questioning the legality of the watch list order and DC 14, saying they were violative of their right to travel. The Arroyo camp also said they should not be placed on the watch list since no criminal cases have been filed against them at the time.

An electoral sabotage case, however, has since been filed against Mrs. Arroyo and two other government officials, former Maguindanao Gov. Andal Ampatuan Sr. and former Maguindanao provincial election supervisor Lintang Bedol.

Mr. Arroyo, meanwhile, was spared from the charges and was taken off the watch list Tuesday, along with seven other individuals, including former Justice Secretary Alberto Agra, who was Mrs. Arroyo's election lawyer in previous elections. - KBK, GMA News

source: gmanews.tv

FilAm named as California SC chief gains unanimous nod

CHICAGO – The Commission on Judicial Appointment unanimously confirmed on Wednesday the nomination of Justice Tani Gorres Cantil-Sakauye for Chief Justice of the California Supreme Court.

Matt Connelly, deputy press secretary of the office of the California governor, said the three-member Commission on Judicial Appointments, composed of current Chief Justice Ronald George, Court of Appeals Justice Joan Dempsey Klein ad Attorney General Jerry Brown, confirmed Cantil-Sakauye.

Cantil-Sakauye was earlier nominated by California Gov. Arnold Schwarzenegger to replace Chief Justice George, who is retiring on January 2, 2011.

In light of the confirmation of her nomination, Cantil-Sakauye’s name will be placed on the November ballot unopposed.

If approved by voters, she will serve a 12-year term to become the first Filipina-American, and the youngest, Chief Justice in the history of the California Supreme Court.

In a statement following her confirmation, Schwarzenegger said, “Justice Tani Cantil-Sakauye is immensely qualified to be the next Chief Justice of California and I applaud the Commission for its unanimous confirmation vote."

“She is an experienced jurist, who has the respect of her peers in the court, and she possesses administrative and legal skills that make her uniquely qualified to lead California’s judicial branch. Justice Cantil-Sakauye understands that the role of a Justice is to administer the law, not to create law, and for that reason I am absolutely convinced she will be a fair and prudent Chief Justice of California," he added.

The confirmation hearing was held across along McAllister St. across the California Supreme Court and was the first hearing to be broadcast throughout the whole state.

Sacramento-based Cantil-Sakauye, 50, earned a juris doctorate from the University of California, a law degree from the Davis School of Law and an undergraduate degree from the University of California, Davis.

Since 2005, Cantil-Sakauye has served as an associate justice for the Third District Court of Appeals in Sacramento. Previously, she was a superior court judge of the Sacramento County Superior Court from 1997 to 2004 and a municipal court judge of the Sacramento County Municipal Court from 1990 to 1997.

Cantil-Sakauye is a member of the California Judicial Council and of the Commission on Impartial Courts. She is the chair of the Judicial Branch Financial Accountability and Efficiency Advisory Committee, and president of the Anthony M. Kennedy Inn of Court.

Currently one of only two women, and one of only two persons of color, in the Court of Appeal’s Third District, she was the first woman of Asian ethnicity to serve as judge in Sacramento County. She was then one of the youngest judges in the state at 31.

She is married to Sacramento Police Lieutenant Mark Sakauye, and has two daughters: Hana, 14, and Claire, 11.

Before Cantil-Sakauye, the late Benjamin Menor, a native of Ilocos Norte, was the first Filipino-American to be appointed in a state’s highest judiciary as justice of the Hawaii State Supreme Court. —LBG, GMANews.TV

source: http://www.gmanews.tv/story/199655/filam-named-as-california-sc-chief-gains-unanimous-nod