Saturday, December 24, 2011

PASKO

Sa aldaw kan PASKO, nungka na maghagad kita ki "BRO" ta kumpleanyo niya ini... alagad guiromdomon sa punto de vista nin apresasyon an lambang saradit na biyaya na tunay na naglaladawan kan mahamis na ismayl sa satuyang lalawugon na dulot kan mga matrayonpong momento sa satuyang buhay sa kinaban na pinaghihiroan.. An kada pagrampaog, rekonesiron.. an mga viktorya, apresyaron... MAOGMANG PASKO SAINDO GABOS!

Monday, December 12, 2011

IMPEACHMENT

A Constitutionally mandated proceeding for the removal from office of the President, Vice-President, Members of the Supreme Court, Members of the Constitutional Commissions, and the Ombudsman for  "culpable violation of the Constitution, betrayal of public trust and other high crimes."
Sadly, recent developments unveil that the process of impeachment is, apparently, being used as a political weapon and strategy to get rid of government officials who are perceived to be "roadblocks" to Pnoy's "Tuwid-na-Daan."
A lamentable grand scheme that utterly undermines the constitutionally mandated term of office of these government officials and a complete disregard of the grounds and bases for impeachment..

Thursday, December 8, 2011

Judgment Day, the Project

Launched at the Las PiƱas City Hall of Justice early this year, Judgment Day is the simultaneous disposition of cases in one day. It effectively promotes the speedy resolution of criminal cases and awareness of the justice system. Envisioned as a measure that will boost the Enhanced Justice on Wheels or EJOW program on which it is based, Judgment Day is a success on its own. The EJOW which inspired the creation of Judgment Day, is another Supreme Court initiative geared towards improving our people's access to justice. This mobile court system program was established to bring justice closer to the poor, by providing a speedy resolution of conflicts through conciliation, mediation or adjudication. The Judgment Day and the EJOW are two of the most successful projects of the Judiciary in addressing the problems of our criminal justice system. The delivery of justice is a process and a duty shared by all justice sector agencies. Although each justice sector agency plays a specific role in a system of checks and balances, each must also recognize that its performance and the attainment of its ultimate objective depend on other agencies' performance, without compromising the independence of separate institutions. (Taken from the statement of Chief Justice Corona on the 1st National Criminal Justice Summit)

Monday, December 5, 2011

Corporation Code v. CARP

The Hacienda Luisita, Inc., cannot shield itself from the CARP coverage merely under the convenience of being a corporate entity. It should be underscored that the agricultural lands held by HLI by virtue of the Stock Distribution Scheme of CARP are no ordinary assets. These are special assets, because, originally these should have been distributed to the farmers-beneficiaries were it not for the approval of the Stock Distribution Scheme by the PARC. The HLI is no ordinary corporation as it was formed and organized precisely to make use of these agricultural lands actually intended for distribution to the farm workers of the Hacienda. Thus, it cannot shield itself from the coverage of CARP by invoking the Corporation Code. The obligations and remedies of the parties to the Stock Distribution Option Agreement are primarily governed by RA6657.

Operative Fact Doctrine, a rule of equity

As a complement of legal jurisdiction, equity "seeks to reach and complete justice where the courts of law, through the inflexibility of their rules and want of power to adapt their judgments to the special circumstances of cases, are competent to do so." Equity regards the spirit and and not the letter, the intent and not the form, the substance rather than the circumstance, as it variously expressed by different courts. Remarkably, it is applied only in the absence of statutory law and never in contravention of said law.