Minority senators oppose PET ruling on Marcos electoral protest

Marje Pelayo   •   October 16, 2019   •   525

(L-R) Former senator Bongbong Marcos and Vice President Leni Robredo

MANILA, Philippines – Minority Senators Leila de Lima, Franklin Drilon, Risa Hontiveros, and Kiko Pangilinan expressed strong opposition to the decision of the Supreme Court (SC) on the electoral protest filed by former senator Bongbong Marcos against Vice President Leni Robredo.

In a statement, members of the Senate minority stressed that the case should be dismissed citing the progress of the recount which they said obviously revealed the victory of Robredo against Marcos in the 2016 Vice Presidential election.

“Isinagawa ang recount. Ang resulta: Lalo pang lumaki ang lamang ni VP Leni sa mga lugar na sinasabi ni Ginoong Marcos na dinaya siya, imbes na makitang bumaliktad ang resulta at mapatunayan ang kanyang paratang, lalo pang lumitaw ang katotohanan: Panalo si VP Leni,” the senators argued.

The opposition senators accused the SC, sitting as the Presidential Electoral Tribunal (PET), of breaking its own rules for not acting appropriately on the matter.

“Ang dapat mangyari ngayon: I-dismiss na ang kaso. Tantanan na ang kasinungalingan. Tanggapin na ang katotohanang si Leni Robredo ang Pangalawang Pangulo ng bansa,” the statement said.

“Ngunit ang mangyayari ngayon, sa desisyon ng Korte Suprema: Pinapakomento ang dalawang panig sa isa pang petisyon ni Ginoong Marcos.” It added.

The minority senators sided with Senior Associate Justice Antonio Carpio whose dissenting opinion stated that it was Robredo who received the most number of votes in the three areas personally picked by Marcos — Negros Oriental, Iloilo, and Camarines Sur — where he claimed his votes were rigged.

On Tuesday (October 15), the SC ruled to release the result of the recount in three provinces concerned in Marcos’ poll protest.

The SC asked Robredo and Marcos to submit their comments on the results which they need to submit “within a period of 20 days from receipt of the notice” as announced by SC Spokesperson Brian Keith Hosaka in a press briefing on Tuesday.

Supreme Court to take up ABS-CBN plea vs NTC order on July 13

Robie de Guzman   •   June 11, 2020

MANILA, Philippines – The Supreme Court will tackle next month the petition of ABS-CBN Corporation against the cease and desist order of the National Telecommunications Commission (NTC) which halted the network’s broadcast operations last May 5.

Supreme Court Chief Justice Diosdado Peralta said they will discuss the ABS-CBN’s petition on July 13.

Peralta said the high court had to wait for comments from all parties mentioned in the petition before conducting deliberations on the plea.

“We waited for the comments of the House of Representatives, the lower house and the upper house and I think we only received the comments last Friday or last Monday,” he said during an online press conference on Thursday.

ABS-CBN went off the air on May 5, just hours after the NTC issued its order directing the media network to halt its television and radio broadcast operations due to expired franchise. The company’s franchise ended on May 4.

The media giant then filed a petition, urging the Supreme Court to issue a temporary restraining order against the NTC’s closure order.

In its petition, the media company argued that the NTC acted with grave abuse of discretion and violated its rights to equal protection and due process by issuing the order.

The company claimed that the NTC should have deferred to Congress that have earlier sent a formal letter asking the agency to allow ABS-CBN to continue operating while bills seeking for its franchise renewal remain pending in the House of Representatives.

ABS-CBN also pointed out the loss of revenues on the part of the company and the government in terms of taxes, as well as the welfare of its 11,000 employees due to the stoppage of its operations.

Application for SC, Court of Appeals posts now open – JBC

Robie de Guzman   •   May 25, 2020

MANILA, Philippines – The Judicial and Bar Council (JBC) has announced the opening of applications or recommendations for positions at the Supreme Court (SC) and the Court of Appeals (CA).

In an announcement posted on SC Public Information Office’s Twitter account, the JBC said applicants who will be selected in the process will occupy the position to be vacated by SC Associate Justice Jose Reyes Jr., who will retire on September 18, and former CA Presiding Justice Romeo Barza, who retired on August 2, 2019.

In its advisory, the JBC said interested applications must visit its official website, and access the online application scheduler.

After filling out the computer-generated letter of intent, they must submit it along with the documentary requirements to this JBC e-mail on the selected date and time of appointment in the online application scheduler.

The JBC emphasized that the digitized versions of the letter of intent they will submit must be “complete” and “accurate.”

“The documentary requirements should be in Portable Document Format (PDF) and e-mailed in a single file only, following the order of documents as enumerated in the Announcement posted on the JBC website,” it said.

“The date of actual receipt of the complete documentary requirements (sent through e-mail) shall be deemed as the date of filing,” it added.

The JBC further said that applicants are also required to submit two complete sets of the documentary requirements through courier service not later than 4:30 p.m. of July 7, 2020 to its office along Padre Faura Street in Manila.

It warned that applicants who will fail to comply with the requirements of online and physical submission of the documentary requirements will not be considered for nomination.

The JBC likewise announced it has set on May 28 at 10 a.m. an online public interview of candidates for the SC Associate Justice position vacated by former Associate Justice Andres Reyes Jr., who compulsorily retired on May 11, 2020.

The candidates are as follows:

  • Ramon Bato Jr.
  • Priscilla Baltazar-Padilla
  • Edwin Sorongon
  • Nina Antonio-Valenzuela

The JBC said that the following are also candidates for the said judicial position, but whose previous interviews are still valid:

  • Manuel Barrios
  • Amparo Cabotaje-Tang
  • Ramon Cruz
  • Japar Dimaampao
  • Jhosep Lopez
  • Jose Midas Marquez
  • Eduardo Peralta Jr.
  • Pablito Perez
  • Rizardo Rosario

The JBC is a constitutional office that accepts, screens, and nominates appointments to the judiciary.

It will then submit a list of nominees to President Rodrigo Duterte for selection, and whoever is appointed will complete the membership in the SC composed of 15 justices.

SC directs NTC, Congress to answer ABS-CBN vs closure order

Robie de Guzman   •   May 19, 2020

MANILA, Philippines – The Supreme Court (SC) on Tuesday ordered the National Telecommunications Commission (NTC) and Congress to comment on the petition filed by the ABS-CBN Corporation, challenging the cease and desist order that forced the network to go off the air earlier this May.

In a statement, the SC Public Information Office (PIO) said the magistrates gave the NTC 10 days from receipt of the notice to respond to the petition.

The NTC was named as the only respondent to ABS-CBN’s petition but the SC said it separately impleaded the Senate and the House of Representatives as parties to the case and required them to comment on the petition, stated the press briefer posted by the SC on its Twitter account.

The High Court also gave the NTC five days to reply to the comments to be filed by the Senate and the House.

The SC PIO said these actions were unanimously approved by the 14 SC Justices during an En Banc session on Tuesday.

The SC did not issue a temporary restraining order, as requested by the ABS-CBN in its petition, against the implementation of NTC’s closure order which it claims was issued without notice and hearing.

The NTC issued a shutdown order against ABS-CBN after its franchise expired on May 4.

In its petition, the media company argued that the NTC acted with grave abuse of discretion and violated its rights to equal protection and due process by issuing the order.

The company claimed that the NTC should have deferred to Congress that have earlier sent a formal letter asking the agency to allow ABS-CBN to continue operating while bills seeking for its franchise renewal remain pending in the House of Representatives.

It also asked the SC to nullify and set aside the cease and desist order which directed the network to stop the broadcast operations of its television and radio stations on May 5.

The SC PIO also confirmed that the High Court denied the motion of lawyer Lorenzo Gadon to consolidate his petition – which sought for the NTC to be prevented from issuing a provisional authority to ABS-CBN – with the plea of the network.

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