Sentido comun por favor

Manuel Buencamino

January 25, 2012

in Featured,Wala lang

Before yesterday’s hearing, I thought I had the defense strategy figured out: Tie the hands of the prosecution; block the submission of evidence by raising legal technicalities; confuse the public with legal gobbledygook; and distract everybody with the hairdo of Justice Cuevas. I figured wrong. I didn’t see the secret weapon of the defense: a remote control device to activate the motor mouth of lead prosecutor Iloilo Representative Niel Tupas.

Less talk, less mistake! Hasn’t anybody told Tupas that?

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What’s with SALNs? (Part 2)

Nepomuceno Malaluan

January 23, 2012

in Yellow Pad

The public disclosure element plays a very vital cog in the system of accountability that the Constitution wanted to achieve on SALNs. It empowers the citizens to scrutinize and verify the two other main elements of truthful declaration and submission.

But the public disclosure component leaves much to be desired in practice. One mechanism to frustrate compliance is through administrative avoidance. Rather than facilitating the orderly implementation of Section 8 (C) of RA 6713, some government agencies apply instead the general duty, also under RA 6713, to act promptly on letters and requests within 15 days from a request. Any response, including acknowledgement, referral, or indication of future action, is regarded as substantive compliance.

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Two peas in a pod rant

Manuel Buencamino

January 18, 2012

in Wala lang

Gloria Arroyo wrote in the intro to her three thousand word rant against President Aquino, “I wrote this article (It’s the economy, student) on and off in my spare time during my house recuperation, re-hospitalization and hospital detention from October to December 2011.” Mukha nga.

That’s why Presidential spokesman Edwin Lacierda dismissed it as “a political manifesto disguised as an economic paper” presented at “a press briefing masquerading as a colloquium.”

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What’s With SALNs? (Part 1)

Atty. Nepomuceno Malaluan

January 16, 2012

in Yellow Pad

Chief Justice Renato C. Corona’s impeachment has called attention to the legal requirement that public officers and employees submit a declaration of their assets, liabilities and net worth, or what is commonly referred to as SALNs. Under Article II of the Impeachment Complaint, Chief Justice Corona is accused of having “failed to disclose to the public his statement of assets, liabilities, and net worth”, that some of his properties “are not included in his declaration of his assets, liabilities, and net worth”, and that he has “accumulated ill-gotten wealth.”

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Lawyers need not apply

Manuel Buencamino

January 11, 2012

in Wala lang

It is the position of the current Board of Governors of the Integrated Bar of the Philippines (IBP) that the impeachment of Chief Justice Corona undermines judicial independence.

“If the Chief Justice can be validly impeached for collegial decisions (including pending cases) for “political bias” and hauled to the Senate to undergo the rigors of political trial, all by a mere stroke of 1/3 signatures of the House gathered in blitz, then the Supreme Court will never be the same again, its judicial independence defanged, and its magistrates—including their decisions—now at the mercy of the political bidding, if not power plays, of the ruling House majority and the President.”

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Will 2012 be a good year?

Fernando T. Aldaba

January 9, 2012

in Yellow Pad

With a gross domestic product (GDP) growth rate probably below four percent in 2011, will the Philippine economy have a better year in 2012?

And given a still unstable global environment due to the European debt crisis and uncertain US economic recovery, export growth will remain stagnant. Or at best, record a minimal single digit increase. However, our labor exports, which the government is finally admitting as an important factor for the country’s development, will continue to power domestic demand through remittances. Relatively lucrative labor markets in Australia, New Zealand and Canada will be the target destinations of Filipino professionals and skilled workers this year. It will not be surprising if the value of remittances breaches US$ 20 billion this year, fuelling much of consumption expenditures and stimulating more growth in retail trade, housing and real estate.

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Some questions regarding certain questions

Manuel Buencamino

January 5, 2012

in Wala lang

Chief Justice Corona argues that the Senate must first determine if the impeachment complaint has been properly verified before trial begins. What does this mean in practical terms? The impeachment trial will be delayed because the Senate will have to subpoena all 188 congressmen who signed the impeachment complaint and question them individually as to whether or not they read each and every word of the complaint before they signed it. Furthermore, if Corona can prove that some congressmen signed without reading the complaint they can be charged with perjury.

Corona also raised the House rule that says only congressmen can act as prosecutors in an impeachment trial. The answer of Congress to Corona’s contention is the trial will be under Senate rules and they allow private prosecutors. So there will be a debate and that will also delay the trial.

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