Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

PostHeaderIcon Supreme Court steps in the National Artist controversy

8/26/2009 | Posted by mesiamd | Edit Post




A lifetime recognition like being a National Artist carries prestige. People work hard to be worthy of such a coveted honor. Yet, for this year’s selection, sharp objections to 4 out of 7 nominees incite a firestorm of protests that has reached the Supreme Court (SC). The highest court in Manila temporarily put a hold order in the conferment of the award to thresh out a controversy.

The search for nominees of the prestigious recognition this year was undertaken by the National Commission on Culture and Arts (NCAA) and the Cultural Center of the Philippines (CCP) boards. A short list after a careful search of awardees was submitted for approval of Pres. Gloria M. Arroyo. But in an overextended exercise of power, it is alleged, the president dropped fpir (4) nominees namely Lazaro Francisco (posthumous) for literature), Dr. Ramon Santos (music), Manuel Conde (posthumous) for film and broadcast, and Federico Aguilar Alcuaz (visual arts, painting, sculpture, and mixed media).

Gloria instead chose Cecile Guidote Alvarez (theater), Magno Jose Carlo Caparas (visual arts and film), Jose 'Pitoy' Moreno (fashion design), and Francisco 'Bobby' Mañosa (architecture). The resultant controversy distracted the public from the parallel embarrassment brought by the extravagant dinners reported during Gloira's travel in the USA.

The president’s action on the nominees led to angry protests from at least four past Natioanl Artist awardees, the Concerned Artists of the Philippines, community groups and private citizens. Airing their grievances in rallies, they who did not agree with GMA. The national artists insisted her choices were less worthy than those that were originally chosen by the selection body. They petitioned the SC to intervene and rule on the case.

It’s amazing how the wholesome and inspiring cultural exercise like choosing our National Artists can be corrupted. Though winners may receive the honor, recognition, and the monetary benefits that the award carries, it is extremely shameful, if true, that the list of nominees have been tampered by the president.

Inured to power abuse and corruption, Malacanang Palace tends to shrug off this new allegtion---another gross assault to our cultural pride. With dismay, we don't want the chief executive to trivialize the National Artist Award. We don't favor her whims and her brand of politics. (Photo Credits: Sheltercrow; Sneakyzoo) =0=

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PostHeaderIcon Swearing of Justice Sotomayor & recalling America’s nameless achievers

8/09/2009 | Posted by mesiamd | Edit Post


Sonia Sotomayor, the 55 year-old Bronx resident and new member of the US Supreme Court is sworn into office today, August 8, 2009 as the 3rd woman justice in its 220 year history. The lady judge who for weeks has been scrutinized as a nominee and accorded attention for her “phenomenal” achievements, will seat as the first Latina associate justice, bringing pride and gladness to those who aspire to capture a slice of the American dream. Hoping that she will be fair in spite of some doubts whether she will be unbiased in her judgment, she gets approval to take oath of office with Chief Justice John Roberts.

Sen. Charles Schumer (NY-D) and other Sotomayor supporters speak of the woman with Puerto Rican parentage in superlative terms---as though achievement from the ranks through hard work in America is a rarity. In truth, Sotomayor’s inspiring life story of struggle from poverty to become the educated Princeton and Yale law graduate is not an uncommon experience in United States. In many ways many immigrants live a life of struggle and heroism that eacapes the public radar.

American achievers in their respective niches of endeavor populate the landscape. That is expected in the ranks of generations of dreamful immigrants and their descendants who flock to America for the opportunity it gives to those who want to be “set free” and have the chance to pursue something great in their lives.

Therefore, to celebrate Sotomayor’s rise to the Supreme Court is wonderful, but Americans must not forget the nameless heroic citizens out there with equally dazzling life stories who continue to work for the good of the country. Young Americans have a lot to learn from Sotomayor and the guys in the neighbohood--- as much as the simple unknown citizen who makes an honest living on main street. (Photo Credi;ZHL Photography) =0=

RELATED BLOG: Sotomayor becomes first US lady Hispanic justice Posted by mesiamd at 8/07/2009

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PostHeaderIcon Sotomayor becomes first US lady Hispanic justice

8/07/2009 | Posted by mesiamd | Edit Post


After weeks of deliberations, Judge Sonia Sotomayor, a native of Bronx, New York who comes from a humble background has been confirmed today, August 6, 2009, as the first Hispanic woman associate justice of the Supreme Court of the United States. In a majority of 68-31 votes in the senate, the 55 year-old Princeton and Yale alumna becomes the third woman and 111th jurist to serve on the bench, replacing Justice Souter who is retiring.

The unprecedented ascendancy of Sotomayor is met with pride by Hispanics especially those from Puerto Rico from where her parents originated. Chosen by the liberal Democrat-dominated senate majority, Americans can only hope that she does her job well and her ethnicity will not play a role in her legal decisions. (Photo Credit: erickgeee) =0=

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PostHeaderIcon Manila oil depot poses risk to Pandacan residents

7/22/2009 | Posted by mesiamd | Edit Post


For a long time the oil depot in Pandacan at the heart of Manila seemed safe. There were no complaints to the presence of the fuel facility right beside congested residential and commercial areas.

“The depot, a 36-hectare cluster of harbor tanks containing 330.5 million liters of gasoline, crude oil and other flammable substances, was built in Pandacan in the 1910s by the “Big 3" oil companies: Chevron (then Caltex), Pilipinas Shell, and Petron Corporation (then Esso). At present, the Pandacan oil depot supplies around 1,800 retail stations in Metro Manila and outlying provinces. The oil depot is also said to supply around half of the country’s total demand for fuel and other petrochemical products.”----GMANews Tv (07/04/09, Calonzo, T.)

Yet, the threats of an environmental accident, natural disaster, earthquake damage, sabotage, and terrorism have grown. It is easy to understand why people started questioning the oil depot's safety. The facility is considered a disaster waiting to happen and concerned citizens, church leaders, and community groups are apprehensive and up against it.

The order of the Supreme Court in 2001 to relocate the fuel site was in recognition of such threats. But through a city ordinance, Mayor Alfredo Lim was able to reverse the decision. Thinking that the oil facility was bringing jobs (10,000 workers) and revenue (P100 million in annual taxes) to the city, the mayor and his supporters, ignoring the danger, believed it was better to keep the depot for the “common good.”

It is hardly for the common good if people's lives are at risk and a fire caused by oil explosion may bring death and destruction to residents who live in the area.

In averting disaster, it is better to err on the side of prudence. As the saying goes, a pound of prevention is better than a ton of cure. (Photo Credit: Etang) =0=

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PostHeaderIcon Same-sex marriage proponents lose bid to keep gay union legal in California

5/27/2009 | Posted by mesiamd | Edit Post


The California Supreme Court ruled against gay marriage by upholding Proposition 8, the initiative against same-sex union which won during the November 8, 2008 election. In spite of efforts by gay activists to make same-sex marriage legal, the court decided in favor of what the majority of Californians wanted---that marriage must be between a man and a woman.

In a 6-1 decision, the court banned gay marriage in California on Tuesday, May 26, 2009, but ruled that the 18,000 marriages forged before the prohibition, are retained as legal. The court decided that the change in ruling must not be retroactive; dissolution of homosexual unions contracted in the Golden State in the five months that they were legal could be disruptive.

“The court said that while the ban denies gay couples use of the term "marriage," it does not fundamentally disturb their basic right to "establish an officially recognized and protected family relationship with the person of one's choice and to raise children within the family." California still allows gay couples to form domestic partnerships.”----The Huffington Post (05/26/09,)

Gay activists, homosexuals, lesbians, and their supporters were furious. Setting demonstrations which blocked the streets in front of the courthouse, they accused the court of not protecting a minority. On the other hand, anti-gay marriage advocates were ecstatic that the court respected the right of voters to define marriage as they knew it.

This tug-of-war on the acceptance of same-sex marriage isn’t over. The long drawn debate on legalizing unions of the same gender has touched issues on equality and tolerance. It also threatens the religious faith of many Californians that forbids gay unions.

Experts say gay advocates can still appeal to the federal court for equal protection under the US constitution. Iowa, Maine, Vermont, Massachusetts and Connecticut are states that so far recognize same-sex marriage. (Photo Credit: ACME-Nollmeyer) =0=

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PostHeaderIcon Supreme Court Strikes Down Unqualified Cities

11/19/2008 | Posted by myty555 | Edit Post



Finally, an institution that knows how to count numbers and read statutes put a stop to the indiscriminate conversion of ambitious but unqualified municipalities into ragtag cities. The Philippines' Supreme Court, with a vote of 7-5, with two abstentions and one on leave, declared that 16 separate laws creating 16 cities that did not pass the requirements are unconstitutional.

The following "cities" are affected by this decision: Batac in Ilocos Norte; Tabuk, the capital of Kalinga; Tayabas in Quezon; Catbalogan, the capital of (Western) Samar; Borongan, the capital of Eastern Samar; Baybay in Leyte; Bogo, Naga and Carcar in Cebu; Guihulngan in Negros Oriental; Tandag, the capital of Surigao del Sur; Cabadbaran in Agusan del Norte; Bayugan in Agusan del Sur; Mati, the capital of Davao Oriental; El Salvador in Misamis Oriental and Lamitan in Basilan.

It was the League of Cities of the Philippines (LCP) which raised the case before the Supreme Court. Cities in the Philippines partake from the same portion of the pie called Internal Revenue Allotment (IRA). Therefore creation of new cities correspondingly reduce the allotment of the old cities and they begrudge it if the former town is unqualified to be a city. The city mayor of Davao even warned Gloria Macapagal Arroyo of political consequences if the said laws are passed since P180 million will be lost by his city with the creation of the new cities.

The 16 cities argued that since they first applied to be cities before the income requirement was changed from P20 million to P100 million then they should be exempted from the said standard. Congress bit into this argument because of political considerations. However, the Supreme Court ruled that nobody, even Congress, is exempt from the Local Government Code which set the said standards.

The Local Government Code sets the following standard for the creation of cities:
1. An income of at least P100 million for the last two years; and,
2. A population of 150,000 OR a contiguous land area of 100 square kilometers.

The 16 cities did not meet the income requirement. And not one of them also met the population requirement. It is probable that the only requirement that they met was the land area. But then a lot of obscure and remote towns will also meet that criteria.

Actually, the critical feature of a city is its urbanization. And this is best reflected in the income and in the population. To submit a town just because it meets the old requirement of P20 million is preposterous since a town earning just that will just be classified a 4th-class town. In the old days, a town must be a first-class town before it applies for cityhood.

This is not to denigrate these towns but just to show the absurdity of the 16 laws. Among Bicol's 4th-class towns are Malinao, Malilipot and Manito in Albay and Del Gallego, Minalabac and Garchitorena in Camarines Sur. Tinambac and Pio Duran will then be "over-qualified" since both are 3rd class towns.

Some of the "promoted" towns barely had population of 50,000. 50,000 inhabitants is even below the average of towns between Naga and Legazpi. I have been to the majority of the 16 towns and I know that in some of these "cities" the primary motive power are still the legs of a man. That means the pedicab is still the main form of transport around town. In one of these "cities", and a provincial capital at that, the prevailing monthly salary for a maid is P600 a month

It will be hard on the "cities" affected but as lawyers say "Dura lex, sed lex".


(The images above are taken from the said "cities".)
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PostHeaderIcon The Supreme Court Decision on Executive Privilege: A License For Impunity

9/08/2008 | Posted by myty555 | Edit Post

When the Supreme Court said that the conversations between Romulo Neri and her President is covered by "executive privilege," I said to myself, "garbage in, garbage out." With a Court of such composition maybe one cannot expect a decision better than that. If the current Court is deciding on that historical claim of executive privilege (the White House tapes), Nixon might have finished his term and subsequently shenanigans of the presidents of the US would forever be hidden from public view.

With such a decision of the Court, illegal activities of the president and his/her men/women will forever be secrets. There will be no more witnesses and paper trails will just be wisps of the imagination.

Before the advent of Martial Law, the Philippine Supreme Court was generally composed of the best and brighest of the legal profession, the so-called legal luminaries. Bar topnotchers and legal pillars dominated that institution.

But, alas, even with such bright minds, it was not able to acquit itself well during Martial Law. It also rendered hodge-podge decisions when questions  about Marcos' rule  and 'prerogatives' were brought upon it. It was not them that made the legal profession shine during those darkest hours (with the possible exception of the late Justice Claudio Teehankee) but the likes of the late Senator Jose Diokno and the present Senator Joker Arroyo, who with the last ounce of legal reasoning possible tried to challenge the impunity of the dictatorship.

Intelligence can be inherited, education can be bought, expertise can be trained but courage is one thing that cannot be taught. And it is courage that utterly lacking in our Supreme Court for a long time now. It a virtue Senators Diokno and Arroyo had in abundance.

I rue that Senators Diokno, Arroyo, Saguisag and Roco never became Supreme Court Chief Justices. If only people like them were in our highest Court decisions would probably have been different and Malacanang will probably heed the admonishions of the Court.

Today, lawyers of none-so-sterling qualifications dominate the highest Court. In terms of academic and legal achievements they are none-so-different from the occupants of the lesser courts. Pedestrian decisions? You have it!

In our country, majesty of the law is only in the minds of the lawyers.

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