IBP, ikinokunsidera ang paghahain ng contempt charges vs. PNoy

admin   •   July 24, 2014   •   2088

President Benigno Aquino III (Photo by Gil Nartea / Malacañang Photo Bureau)

MANILA, Philippines — Magpupulong ngayong araw ng Huwebes ang Board of Governors ng Integrated Bar of the Philippines (IBP) upang pag-usapan ang posibleng paghahain ng mosyon upang ma-cite for contempt si Pangulong Benigno Aquino III.

Ayon kay IBP President Attorney Vicente Joyas, contemptous ang pagbatikos ni Pangulong Aquino sa Korte Suprema dahil sa isyu ng Disbursement Acceleration Program (DAP).

Ang konsiderasyon lamang ng IBP ay maaaring saklaw ng immunity ang pagsasalita nito ng laban sa Korte Suprema.

“Nagkataon lang na Presidente si PNoy, kung hindi it can be the subject of a contemptuous proceedings. That is indirect contempt.”

Samantala, naniniwala naman ang Integrated Bar of the Philippines na may sapat na basehan upang ma-impeach si Pangulong Aquino dahil sa ilegal na paggastos ng pondo sa ilalim ng DAP.

Ngunit sa ngayon ay hindi nila ikinokunsidera ang paghahain ng impeachment complaint laban sa pangulo at ipauubaya na lamang nila ito sa ibang sektor.

“As far as the political affiliation is concerned, we do not expect that the impeachment proceedings will prosper,” saad pa ng abogado.

Dagdag nito, magbabantay na lamang ang IBP sa proseso at handa silang magbigay ng tulong kung kakailanganin. (Roderic Mendoza / Ruth Navales, UNTV News)

Malacañang leaves people’s initiative on ABS-CBN franchise to Supreme Court

Maris Federez   •   July 13, 2020

MANILA, Philippines — Malacañang on Sunday (July 12) said it will leave the issue of granting a franchise to media giant ABS-CBN Corporation to the Supreme Court.

This, after several groups said that a people’s initiative to revive the company’s franchise bill could possibly happen, invoking Republic Act 6735 to grant a franchise for ABS-CBN, after a House committee rejected the network’s franchise application.

RA 6735 or the Initiative and Referendum Act provides that the public can directly propose and enact laws or approve or reject any act or law or part thereof as passed by Congress.

In a statement released on Sunday, Presidential spokesperson Harry Roque said Malacañang will defer to the Supreme Court should it decide on the issue.

“We also take note of the discussions around using the mechanism of the people’s initiative to grant ABS-CBN a franchise,” he added.

He said it is up to the Supreme Court to rule on whether a people’s initiative will be applicable to the case of ABS-CBN despite, as he said, what was clearly worded in Republic Act 7925 or the Public Telecommunications Act.

“Whether the franchise of ABS-CBN may be granted through a people’s initiative despite the clear wording of R.A. 7925, whether it matters that a franchise bill is a private bill that must ‘originate exclusively in the House of Representatives’ in accordance with Article VI, Section 24 of the Constitution — these and related questions we leave to the Supreme Court, as the final arbiter of the appropriate interpretation of these provisions in the Constitution and our laws,” he said.

Meanwhile, a Social Weather Stations (SWS) survey released last Saturday showed that three out of 4 Filipinos want Congress to renew ABS-CBN’s franchise.

The survey said that 57 percent of adult Filipinos “strongly” agreed that the network should be granted a fresh franchise, while 19 percent “somewhat” agreed. e, 13 percent are not in favor of granting the media giant a fresh franchise while 10 percent are undecided on the issue. — /mbmf

More petitions vs. Anti-Terrorism Act filed in SC

Aileen Cerrudo   •   July 6, 2020

Four petitions were filed against the Anti-Terrorism Act of 2020 at the Supreme Court on Monday (July 6).

A group led by law professor Atty. Howard Calleja and former Education Secretary Armin Luistro filed their petition to question the constitutionality of the Anti-Terrorism Act.

“We are not fighting this government. We are fighting the constitutionality of this law and this law should stand not only this constitution, not only this government but should stand the governments and constitutions of our children and of our children’s children. so we are fighting not only for today but for also the future of everybody, of every Filipino,” Calleja said.

Among the provisions questioned by Calleja and Luistro are the broad and vague definition of “terrorism”, the warrantless arrest, and the 24-day detention period upon suspicion of terrorism.

“The basic safeguard of our law is and of our rights is the constitution. if you violate the constitution then there are no safeguards,” Calleja said.

Lalong nagiging perpekto ang administrasyon kapag handa nilang pakinggan kahit yung mga batikos dahil dyan nagagawang mas mabuti. Kapag ang mga ang netizens natin ay nagtatanggal na ng mga posts nila, yan na ang epekto na ayaw natin mangyari,” said Luistro.

[The administration gets perfected when it is ready to hear out even the criticisms for they make things better. When netizens start to remove their posts, then, that will be the effect that we don’t want to happen.]

Atty. Mel Sta. Maria, Dean of the Far Eastern University Institute of Law, also filed a petition, stating that aside from what Calleja has pointed out, the anti-terrorism law will affect the teaching patterns in universities.

Kaya nga ang propesor, mga teacher o mga estudyante na magmumungkahi, mag-aaral ng halimbawa ng liberation theology, halimbawa na kalakip na dun ang pag-uusap sa arms struggle, e baka sabihin nila, proposal or inciting to terrorism na yan,” Sta. Maria said.

[That’s why professors, teachers, or even students will propose or study liberation theology, for example, and part of which is a discussion on arms struggle, it might be misconstrued as a proposal or inciting to terrorism already.]

Meanwhile, both Albay 1st district Representative Edcel Lagman and the Makabayan Bloc are requesting the Supreme Court to release a temporary restraining order (TRO) or Writ of Preliminary Injunction while the court has yet to decide on the filed petitions.

“All that a devious and underhanded law enforcer or prosecutor has to do is to conveniently invoke the killer proviso to stifle political dissent and peaceable assembly for redress of grievances,” Lagman said in a statement.

Lagman said the government must ensure that the rights of the common people for free speech will not be compromised by arrests that will be made against terrorists.

“What the government must pursue is the apprehension, prosecution and conviction, once warranted, of terrorists without ensnaring into contrived culpability persons who simply exercise free speech and peaceful assembly,” the lawmaker said.

Bayan Muna Partylist Representative Carlos Zarate expressed concern that the said law might be abused and target even ordinary individuals.

“This will be weaponized not only against members of the progressive organizations but even members of the political opposition, ordinary individuals, maging miyembro ng media (even members of the media),” he said.

On the other hand, Malacañang said it is leaving the decision to the Supreme Court.

Presidential Spokesperson Harry Roque reiterated criticizing the government will never be considered a crime under the Constitution.

“Every law passed by congress enjoys the heavy presumption of constitutionality,” he said. —AAC (with reports from Vincent Arboleda)

Palace on petitions vs. Anti-Terrorism Law: Leave it to Supreme Court

Robie de Guzman   •   July 6, 2020

MANILA, Philippines – Malacañang will leave the Supreme Court (SC) to decide on petitions filed against the newly-signed Anti-Terrorism Law.

Presidential Spokesperson Harry Roque said the Palace will abide by whatever the ruling of the SC will be on petitions questioning the constitutionality of the measure.

“The Palace will leave it to the SC to decide on these petitions and will abide by whatever the ruling is,” he said in a statement Sunday.

The Republic Act No. 11479 or the Anti-Terrorism Act of 2020 was signed into law by President Rodrigo Duterte last Friday, July 3 despite strong opposition from various groups over concerns of possible violations of human rights.

On Monday, various groups physically trooped to the Supreme Court to urge it to stop the enforcement of the new law, claiming that the measure contained provisions that are in possible violation of the Philippine Constitution.

On Saturday, a group of lawyers and educators submitted the first petition against the controversial law.

Malacañang earlier said that prior to its signing, the measure underwent thorough review by the chief executive and his legal team.

Nevertheless, National Security Adviser Hermogenes Esperon said groups opposing the law have the right to lodge their petition against the law.

“Iyong sa pagkuwestiyon nila sa ating Anti-Terrorism Law sa Supreme Court ay karapatan nila; hindi natin pipigilan iyan at we’ll even encourage them,” he said.

Esperon also reiterated that the measure aims to stop those who threaten, proposed and incite terroristic acts, and not people who abide by the law or those who express dissent.

He likewise stressed that the law clearly defines who are those considered as terrorists, and this does not include activists or people who only voice out their concerns and criticisms over social injustices.

“Itong ating law-abiding citizen ay walang dapat ikatakot dahil itong Anti-Terrorism Law ay para sa kapakanan at para sa seguridad ng mga law-abiding citizens. Ito ay ginawa para labanan natin ang terorismo. Ngayon, kung sino ang nagsasabing ito ay para sa kanila at tahimik naman sila eh huwag silang mababahala,” Esperon said.

The Anti-Terrorism Council is set to convene to review the law and draft its implementing rules and regulations, which will be submitted to Congress. – RRD (with details from Correspondent Rosalie Coz)

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