Justices, solons on collision course

JUSTICES VS LAWMAKERS. There’s no love lost between the two equal branches of government—the House of Representatives and the Supreme Court of the Philippines—over several celebrated cases. INQUIRER PHOTOS

The House of Representatives and the Supreme Court are on a collision course after 169 lawmakers signed a resolution seeking to defy the order of the high court to include a son of Associate Justice Presbitero Velasco Jr. in the congressional rolls and replace Marinduque Rep. Regina Ongsioco Reyes.

Oriental Mindoro Rep. Rey Umali said the “robust support” for his resolution showed that the lawmakers were prepared to stand up to the “bullying” of the Supreme Court.

“I believe that our members have had enough of the Supreme Court’s bullying. This time, they have overstepped their jurisdiction. We will defy them and not honor their decision,” Umali said in a phone interview.

Fifty-eight percent of the 289 House members have supported House Resolution No. 597 “reiterating adherence to the time-honored principle on the exclusivity of jurisdiction of the House of Representatives Electoral Tribunal (HRET) over all contests relating to the election, returns and qualifications of its members to preserve the integrity, dignity and reputation of the House of Representatives and its members.”

Respect coequals

Umali said it was “about time that these despots get down from their high chair and respect their coequals in government. This is a clear show of force on our part. Please, huwag ninyong ipilit (don’t force it).”

Last Dec. 3, Umali gave a privilege speech attacking the high court’s undue interference in election-related issues, specifically the Marinduque election standoff between Representative Reyes, daughter of Marinduque Gov. Carmencita Reyes, and former Rep. Lord Alan Velasco.

Velasco has formally requested Speaker Feliciano Belmonte Jr. to eject Reyes after the Supreme Court rejected with finality on Dec. 3 her appeal for the reversal of its ruling on June 25 last year upholding the Commission on Election’s (Comelec) decision disqualifying her.

Citizenship, residency

The Comelec canceled Reyes’ certificate of candidacy because of questions about her citizenship and her lack of residency to run for the post.

Reyes defeated then Congressman Velasco in last year’s midterm elections by a margin of roughly 3,800 votes, paving the way for her proclamation as representative of Marinduque.

Rightful House member

House leaders led by Belmonte have stood by Reyes as the rightful House member pending the resolution of Velasco’s protest with the HRET, which they argued had the constitutional mandate to rule on electoral protests filed after a winner had been proclaimed.

The HRET is composed of three associate justices of the Supreme Court and nine House members.

Umali suggested that the magistrates just respect each other’s turf. “Anyway, the Supreme Court is well represented in the HRET, so it should allow that body to decide the case.”

Umali said the court decision on Reyes contrasted sharply with a similar case in Quezon province involving another Liberal Party member, Toby Tañada, against proclaimed Rep. Angelina Tan.

“The high court recognizes HRET jurisdiction in the case of Representative Tan but not in the case of Representative Reyes. Where lies the difference?” Umali said.

Flip-flopping

In his privilege speech, Umali railed against the tribunal’s flip-flopping on the pork barrel and made a veiled threat to impeach the magistrates.

He noted that the Supreme Court had long upheld the legality of the Priority Development Assistance Fund (PDAF) but only to turn around last November and declare it unconstitutional.

He said the tribunal declared unconstitutional the PDAF largely because of the broad public opposition to the corruption-laced pork barrel system triggered by the exposé on the dubious nongovernment organizations set up by Janet Lim-Napoles, alleged mastermind of the P10-billion pork barrel scam.

Tens of thousands of people staged rallies across the country last year, the biggest of which was the “Million People March” in Rizal Park in Manila, to call for the scrapping of the PDAF.

Whistle-blowers claimed that lawmakers pocketed up to 50 percent of the projects funded by their PDAF allocation.

Before the court ruling, senators received P200 million each in annual PDAF while House members got P70 million each.

‘Playing to the crowd’

“The justices are obviously playing to the crowd to regain credibility after one of their own (former Chief Justice Renato Corona) was stripped of his robes last year,” Umali said.

The House impeached Corona and the Senate impeachment court found him guilty of one of the charges against him for not declaring his dollar holdings in his statement of assets liabilities and net worth.

“They are justices, their decision should be based on the law and not opinion polls. If they want to be popular, they should run for office first,” Umali said.

He said the recent decision of the Supreme Court to issue a temporary restraining order against the rate hike of Manila Electric Co. was another case of the magistrates’ tendency to “ride on” popular opinion.

“They are desperate to regain their credibility even at the expense of justice,” Umali said.

Read More: http://newsinfo.inquirer.net/559787/justices-solons-on-collision-course#ixzz2pm63Szm6

Driver at Bodyguard ni dating Congressman "Lord Velasco" na kilabot na Drug "Lord" sa Marinduque Timbog sa PDEA.

Noong nakaraang Enero, sa pinagsama-samang puwersa ng Philippine Drug Enforcement Agency Regional Office IVB, Marinduque Provincial Police Office and Police Regional Office IVB Regional Intelligence Division ay nagsagawa ng isang buy-bust operation upang mahuli ang isa sa mga tinuturong "big time" drug pusher sa buong Marinduque.

Niici Buencamino
(Grabbed from his Facebook Account)

Nahuli si Niici Buencamino, 27 years old sa Barangay Bagong - Silang, Sta. Cruz  habang i-nabot nito ang isang plastic na naglalaman ng shabu sa asset ng mga operatiba kapalit ang halagang isang libo't limang daang piso (P 1,500). 

Narekober din sa kanya ang isang malaking plastik na naglalaman ng shabu na tinatayang umaabot sa P70,000.00

Sa kanyang pagkakahuli, kusang loob niyang itinuro si Mark Dexter Preclaro aka Macoy na siyang di-umano'y pinagkukunan niya ng malaking bulto ng shabu upang ibenta ito sa buong isla ng Marinduque.

Ayon pa sa kanya, bago siya mahuli ng mga operatiba ay galing siya sa bahay ni Macoy upang bayaran ang "salto" niyang nagkakahalagang P40,000.00 mula sa pinagbentahan niya noong nakaraang linggo na iyon.

Dinagdag pa niya, ilang oras lamang bago siya mahuli ay pinakita pa sa kanya ni Macoy ang "tatlong bulto" ng shabu na nagkakahalaga raw ng humigit kumulang na P120,000.00 na galing sa karatig probinsya na walang kahirap-hirap daw niya na-ipuslit ito sa ating lalawigan gamit ang mga sasakyan ng dating Congressman Velasco.

Naging hakbang ito sa mga operatiba upang imbestigahan si Macoy na kasama na sa listahan ng Most Wanted list ng PDEA Region 4B.

Mark Dexter Preclaro aka Makoy
(Grabbed from his Facebook Account)

Si Mark Dexter Preclaro aka Macoy ay galing sa isang kilalang pamilya. Ang kanyang ina ay isang Kapitana at ang kanyang ama naman na si Franco Preclaro ay kilalang announcer sa radyo at naging konsehal ng bayan ng Sta. Cruz, Marinduque. 

Si Preclaro ay kasalukuyang driver at naging staff ng dating kongresistang si Lord Allan Velasco sa Kongreso.

Dahil sa lakas ng impluwensya niya at ng kanyang pamilya, minabuti ng mga operatiba na sa Maynila mag-apply ng Search Warrant upang hindi masunog ang kanilang operasyon.

Copy of Search Warrant

Ika-10 ng Disyembre, bit-bit ang isang Search Warrant sumalakay ang mga pinagsama-samang puwersa ng Philippine Drug Enforcement Agency Regional Office IVB at Marinduque Provincial Police sa bahay ni Mark Dexter Preclaro.

Copy of PDEA's Progress Report

Narekober sa kanya ang humigit kumulang na 19 gramo ng shabu, iba pang mga paraphernalias sa pagawa nito.

Narekober din ang isang mataas na kalibre ng riple, isang calibre .22, magasin at mga bala.

Ayon din sa kanyang Laboratory Result, nagpositibo din siya sa pagamit ng Methamphetamine Hydrochloride o mas kilala sa tawag na shabu.

Ayon sa ating impormante, malapit ang dalawang nahuling si Nicci Buencamino at Mark Dexter Preclaro sa dating Kongresistang si Lord Allan Velasco kaya't nahirapan ang mga operatiba na hulihin sila.

Makoy and Nicci with former Congressman Lord Allan Velasco

Former Congressional Staff of Lord Allan Velasco.

Hindi lamang daw isang driver at staff si Makoy ng dating Congressman Lord Allan Velasco, kundi lagi niyang kasa-kasama kung saan man siya magpunta.

Grabbed from Former Congressman Lord Allan Velasco's facebook
and it was tagged to Makoy's Facebook  

Dagdag pa niya, kung minsan daw ay ginagamit pa nito ang mismong sasakyan ng dating Kongresista upang kumuha at mag dala ng droga dahil kilala na raw ito at hindi na kinakailangang suriin pa ito ng mga tauhan ng pantalan. 

Double flip - flop by high court

The justices of the Supreme Court have been drowning in cases. As of 2004, the last year they gave us information through the Philippine Statistical Yearbook, their case backlog (defined as case load minus case outflow) was 6,882 cases. Divide that by 15 justices, and that means an average of 458 cases each that the justices haven’t disposed of yet.

Meanwhile, new cases are coming in. Has this backlog been reduced? Not if we go by the high court’s case disposition rate (ratio of total cases decided/resolved in a year, over the total cases filed), which in 2003 and 2004 was 0.97.  For the mathematically challenged, that means the backlog is growing.

All this is by way of introduction. Each justice has so many to take charge of that he/she usually doesn’t want to get involved with someone else’s case by way of giving a dissenting or concurring opinion, unless it is of great moment. Just take a look at the decisions handed down each month (sc.judiciary.gov.ph) to see how few and far between those are.

That is why the decision in the case involving Regina O. Reyes vs. Comelec and Joseph Socorro B. Tan (GR 207264) caught my eye.  There were three dissenting opinions and two separate concurring opinions. That’s like the pork barrel case, for heaven’s sake. Not only that. What made me sit up and take notice were the names of the dissenters: Arturo Brion, Antonio Carpio, and Marvic Leonen, who I consider to be three of the high court’s intellectual heavyweights.

That was enough for me to read all the case material.

Here’s the case in a nutshell: Regina O. Reyes filed her candidacy as representative of the lone district of Marinduque in the last elections. Her candidacy was questioned by Tan, a voter and resident of the district. On what grounds? Essentially, that she lied about her civil status, her birthday, her residence, and her citizenship. He brought the case to the Commission on Elections. The Comelec found that she was a US citizen, and had not renounced her US citizenship. Therefore, the Comelec cancelled her certificate of candidacy (which means, among other things, that she is not a valid candidate, and that all the votes in her favor are “stray” votes).

Her motion for reconsideration failing in the Comelec, Reyes then filed her case in the Supreme Court, which decided in favor of the Comelec (there was no grave abuse of discretion on its part) and Tan.

Everything looks on the up and up, right?  Well, there is a glaring error. Would you believe that the Comelec decided that she was an American citizen on the basis of a blog? I kid you not. Justice Brion was brutal: “Common sense and the minimum sense of fairness dictate that an article in the Internet cannot simply  be taken to be evidence of the truth of what it says, nor can photocopies of documents not shown to be genuine be taken as proof of the ‘truth.’ To accept these materials as statements of ‘truth’ is to be partisan and to deny the petitioner her right to both procedural and substantive due process. Again, at the very least, further inquiry should have been made before there was the judgment.” Comelec Chair Sixto Brillantes had similar thoughts in his dissent.

Then there is the matter of “undue haste” on the part of the Supreme Court in making its decision (it dismissed the Reyes petition outright) on the case. Reyes filed the case against the Comelec and Tan on June 7, 2013.  The decision was handed down barely three weeks later, on June 25. The high court did not even ask the Comelec, and Tan, for their answer (as presumably is the usual procedure). Justice Brion calls the majority approach “unusual,” and their rulings “strained,” which is why he could not allow it to stand without comments. And he calls them “comments” rather than “refutations” because the latter “implies a consideration on the merits of properly submitted and debated issues, which did not happen in this case.”

Why was there this “rush to judgment” by the majority? There’s the rub. The ruling would favor the son of a member of the high court, which is why, failing all else, the high court should “at least hear and consider both sides before making the ruling,” which it did not do.

Reyes’ opponent in the Marinduque elections was Lord Allan Velasco, son of Justice Presbitero Velasco. This apparently was discussed in the deliberations of the high court, but was not mentioned in any opinion except Justice Brion’s. That has to explain the high court’s seeming imprudence.

But the story does not end there. According to Justice Carpio, the high court’s ruling is a “double flip-flop.” It reverses the “well-settled” doctrines that the House of Representatives Electoral Tribunal acquires sole jurisdiction over any contest relating to the “election, returns and qualifications” of House members, and that any question on the validity of the proclamation falls under the sole jurisdiction of the HRET. Reyes was proclaimed, so the high court should have stepped back. Why didn’t it? My guess: If the HRET determines that Reyes is disqualified, Lord Allan Velasco will have no advantage, and special elections will have to be held. Whereas if the high court’s position was that the Comelec still has the power to stop her proclamation, the votes for her will be regarded as stray, and her opponent (Velasco) will win.

In other words, the high court’s decision has the effect of disenfranchising 52,209 voters who voted for Reyes, and allowing Velasco to win the elections with his 48,236 votes.

Lesson: 48,000 wins over 52,000 if the Supreme Court is on your side.

Read more: http://opinion.inquirer.net/66885/double-flip-flop-by-high-court#ixzz2mrX4kkFq 

Solon assails SC’s decision on PDAF

Manila, Philippines – A senior administration congressman is dangling an impeachment threat against Supreme Court justices following the issuance of two recent rulings that allegedly reversed its previous decisions on the same legal controversies.

In a privilege speech delivered Tuesday, Mindoro Oriental Rep. Reynaldo Umali provided the lone voice in the wilderness in assailing the unanimous Supreme Court ruling on the Priority Development Assistance Fund (PDAF).

Umali also chided the High Court for its ruling on the election protest against Marinduque Rep. Regina Ongsioco Reyes who is being ordered to vacate her post in favor of rival, former Rep. Lord Alan Velasco, son of SC Associate Presbitero Velasco.

‘Instances Of Despotism’

A close associate and Liberal Party colleague of President Benigno S. Aquino III, Umali recounted various “instances of despotism” allegedly demonstrated by the High Court in issuing controversial rulings.

“We must not let these magistrates sit on their iron thrones for a minute longer. They must know where they stand and if they will continue to lord over the foundations of our great Republic, then they only deserve to be impeached,” Umali told his colleagues.

He added: “Let us not allow a co-equal branch of government to emasculate.”

The Mindoro solon said he decided to take the floor to “defend the fundamental law of the land against judicial despots,” referring to the members of the High Court.

Umali’s protest was clearly the first to be registered against the High Court’s decision on PDAF, which has earned strong public support.

Flip-Flopping

Umali, a member of the powerful Commission on Appointments, assailed the tribunal for its alleged flip-flopping decisions on the PDAF and Reyes-Velasco case that disrespected Congress as a co-equal branch.

Umali recounted various “instances of despotism” allegedly demonstrated by the High Tribunal. Among them are the walkout of former Chief Justice Renato Corona during the impeachment hearings in the Senate and the “hastily issued” Temporary Restraining Order preventing the Lower House from inviting former Ombudsman Merceditas Gutierrez who was then under impeachment probe.

“Not contented with its despotic tendencies, the Supreme Court strikes again by undermining its counterpart branches of government this time, both the legislative and the executive in flip-flopping fashion,” he said.

Umali said the High Court flip-flopped in its 12-0 ruling against the constitutionality of the PDAF.

“This is quite perplexing because, about a year earlier, the same Supreme Court, in the case of Lawyers Against Monopoly and Poverty (LAMP) vs Department of Budget and Management with (G.R. No. 164987) promulgated on April 24, 2012, declared the Priority Development Assistance Fund as constitutional,” he pointed out.

“Now I ask – why the flip-flop?” asked Umali. “Whatever happened to the doctrine of stare decisis or ‘adherence to precedents when just a year ago the same court ruled the PDAF is constitutional?”

He said, “Mr. Speaker, if this is not despotic behavior, I don t know what is!”

Independent Powers

Umali also chided the High Court for disqualifying Reyes as elected congresswoman of Marinduque.

“Accordingly, Representative Reyes now sits as member of this August Chamber, but some magistrates resolved to disqualify her on technical grounds, again in utter disregard of the doctrine of stare decisis and disrespect to the separate and independent powers of the House of Representatives, again in flip-flopping fashion,” he said.

Citing the case Jalosjos Jr. vs Comelec, Umali said the High Court settled the question of jurisdiction over post congressional electoral protest which rightfully belongs to the House of Representatives Electoral 

Tribunal.

“The proclamation of a congressional candidate following the election divests Comelec of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative in favor of the HRET,” he pointed out.

The administration lawmaker also recalled the electoral protest filed by fellow LP member, Quezon congressional candidate Toby Tañada against proclaimed Rep. Angelina Tan, in which the SC ruled that the protest should be resolved by the HRET.

“The High Court recognizes HRET jurisdiction in the case of Representative Tan but not in the case of Representative Reyes. Where lies the difference?” stated Umali.

He added: “What moved the Supreme Court to railroad a decision which negates established jurisprudence, in flip-flopping fashion at that and perceived to benefit the son of a sitting magistrate as noted by a colleague in the Supreme Court is beyond comprehension.”

Basahin dito:http://www.mb.com.ph/solon-assails-scs-decision-on-pdaf/

Belmonte: Reyes remains as lawmaker

MANILA, Philippines - Speaker Feliciano Belmonte Jr. yesterday said Marinduque Rep. Regina Ongsiako-Reyes remains a member of the House of Representatives even as the chamber’s leadership decides on its next move after the Supreme Court (SC) upheld her disqualification.

Belmonte, however, maintained that the House of Representatives Electoral Tribunal (HRET) has jurisdiction over Reyes’ case under the Constitution since she has been duly proclaimed as winner and sworn into office.

“Remember that she was proclaimed, and that is not something unimportant to us because under the Constitution, the HRET – which is not a creation of the House but of the Constitution – supposedly has jurisdiction over all of these matters so we want to be sure that the HRET is not being rendered useless (by the SC ruling),” Belmonte told reporters.

He said the House leadership is waiting for a copy of the SC ruling for study and to help it decide on its next move.

The disqualification case against Reyes stemmed from allegations that she is a US citizen, which she has repeatedly denied and showed documents to prove that she is a Filipino citizen.

The complaint against her was pushed by her defeated rival, former Marinduque congressman Lord Allan Velasco, son of SC Associate Justice Presbitero Velasco.

Mababasa ito: 
http://www.philstar.com/nation/2013/12/05/1264166/belmonte-reyes-remains-lawmaker

Pakiki-alam ng Supreme Court sa talunang anak ni Justice Velasco?

Muli nanamang naglabasan sa ating mga pahayagan ang di umanoy pagkakadiskwalipika ng nag-iisang Representante ng ating lalawigan na si Congresswoman Regina Ongsiako Reyes.

Halos kada linggo nalang ay may lumalabas na bagong balita na ang natalong si Congressman Lord Allan Velasco ang uupo sa kongreso.

Ngunit hanggang kailan kaya maglalabas ang kampo ng dating Congressman ng mga mapanira at mapanlinlang na artikulo ukol dito.

Hindi na rin kasi natutuwa ang mga mamamayang Marinduqueño sa kanyang pagpilit na maka-upo para sa ika-16th Kongreso.

Maliwanag sa kanila na nanalo at mas pinili nila si Congresswoman Reyes dahil lumamang siya ng halos Apat na Libong boto noong nakaraang halalalan.

Hindi na rin lingid sa kanilang ka-alaman na ginagamit ng Pamilyang Velasco ang kanilang impluwensya upang mabaliktad ang katotohanan.

Sawang sawa narin sila sa mga balita na lumalabas sa pahayagan na nagkaroon na ng pinal na desisyon ang Korte Supreme. Alam nila na ginagamit lamang ng Pamilyang Velasco ang media upang malito ang taong bayan.

Naninindigan silang House Representative Electoral Tribunal (HRET) na ang hahawak ng kaso ng mga na-iproklama at nanalong kongresista dahil ito ay naayon sa Sanligang Batas at wala nang saysay kung anu man ang nilalabas ng Korte Suprema.

 

 

Dalawang magka-ibang desisyon ng Korte Suprema - Binatikos!

Naglabas kahapon ng desisyon ang Korte Suprema sa pangunguna ni Justice Estrela Perlas-Bernab ukol sa petisyon na isinumite ni Wigberto Tañada Jr., laban kay John Alvin Tañada at naproklamang kadidatong ng lalawigan ng Quezon na si Representative Angelina Tan.

Ayon sa Korte Suprema, ang mga kaso at reklamo tungkol sa mga nanalo at naiproklamang kongresista at hurisdiksyon na ng HRET o House of Representative Electoral Tribunal, dahil ito ang nakalagay sa ating Sanligang Batas.

mababasa dito ang buong kwento.

Ngunit kasalungat ito sa desisyon na kanilang inilabas noong nakaraang buwan na sinasabing diskwalipikado ang nanalo at proklamadong Representante ng ating lalawigan na si Congw. Regina Ongsiako Reyes dahil sa reklamong dual-citizenship.

mababasa dito ang buong kwento

Lumamang ng halos 4,000 boto noong nakaraang halalan si Congw. Reyes laban sa kanyang katungaling si Allan Jay Velasco. Prinoklama ng Comelec at sumumpa sa opisina ni House Speaker Feliciano Belmonte Jr. 

Inakusahan noon ni Congw. Reyes si Justice Presbitero Velasco na iniimpluwesyanahan nito ang iba pang mga hukom sa Korte Suprema upang pumabor ang mga desisyon sa kanyang anak.

Kung totoo ang sinabi ni Justice Estrela Perlas - Bernab na ayon sa ating Sanligang Batas, na ang mga nanalo at proklamadong kongresista ay hurisdiksyon na ng HRET. 

Baket hindi nalang nila hayaan na ang HRET ang magpasya tungkol sa kaso ni Congw. Reyes at ni Allan Jay Velasco? Baket hindi mabitaw-bitawan ng Korte Suprema ang kasong ito?

Marahil ay nagkakaroon na rin ng linaw ang totoong impluwensya ni Justice Presbitero Velasco sa usaping ito.