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Thread: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

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  1. #11

    Re: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

    Of course I love Bel Cunanan even more, bless her conservative pro-government heart...

    Teodoro as foil to Trillanes

    By Belinda Olivares-Cunanan
    Inquirer
    Last updated 01:09am (Mla time) 07/03/2007

    "President Gloria Macapagal-Arroyo is apparently keeping the matter of a Cabinet revamp close to her chest, as few officials seem to know much about it, although talks of Cabinet changes have been rife for the past two weeks. Rumors of the impending appointment of former Tarlac Rep. Gilbert Teodoro to the defense post had swirled for a whole year and intensified after he turned down the President’s suggestion that he run for senator. When Public Works Secretary Hermogenes Ebdane was moved to the defense department, the rumors about Teodoro died down, but it turned out that the former was merely warming the seat for him.

    * * *

    Teodoro, 43, has been quite low-key in the House and even during the heated debates in the two impeachment attempts, he was hardly heard. But the few times he opened his mouth to speak, he sounded suave, articulate and polished. He seldom gave interviews, but his credentials were enough to attract attention: a graduate of the University of the Philippines' College of Law Class ’89, Harvard Law School for his master’s and the National Defense College; bar topnotcher; chair of the House committee on defense and former head of the Nationalist People’s Coalition (NPC) in the House (from about 60 members several congresses ago, it’s now down to about half its old strength).

    But for the media, Teodoro’s most significant qualification is perhaps his being the favorite nephew of industrialist Eduardo Cojuangco. One can feel resistance to his appointment because of this factor, but his supporters argue that he was too young to fully understand what his uncle was up to in the 1970s with the coco levy funds and Marcos, and that they are two separate individuals. But certain acts of Teodoro in the past indicate how close their interests were.

    * * *

    From what I observed in the House, Teodoro preferred to operate in the background. I recall that he was obviously pulling the strings in the NPC’s attempt three years ago to impeach then Chief Justice Hilario Davide in what was widely believed to be a proxy war for his uncle who had several unresolved cases in the Supreme Court. At that time, the NPC was the biggest bloc next to the ruling party and it flexed its muscles hard. During the deliberations on Davide’s impeachment, Teodoro’s good-looking wife, Nikki Prieto-Teodoro (who was elected recently to his old Tarlac seat), and other Cojuangco women were prominent in the galleries.

    In the light of public outrage over this move against the popular and respected Chief Justice, young Representatives Wimpy Fuentebella, Darlene Custodio and Jack Duavit were sent to the Inquirer to explain the NPC’s action. They were met by hostile editors, columnists and reporters who reduced them to tears or migraines. The journalists castigated their party for bringing the nation to the brink of a constitutional crisis, through a deadly confrontation between two branches of government. I recall asking to myself, “Where is Teodoro?” I hope he has since matured about the use of political power.

    * * *

    Teodoro’s new appointment comes at a crucial time for the DND. The new Human Security Act of 2007, more popularly known as the Anti-Terrorism Law, will take effect on July 15 and it is causing a lot of anxieties among activist groups. His legal background, honed for eight years in the law office of Estelito Mendoza, could provide him handy tools.

    Then there’s the Armed Forces’ modernization program began by lawyer Avelino Cruz, which calls for close monitoring to avoid the pitfalls of built-in graft. And there’s the peace processes that must be pushed as a crucial requisite to sustaining economic growth. Teodoro’s appointment sits well with those who have clamored for another civilian in the mold of Cruz, who was viewed as a rather detached reformist technocrat. Let’s hope he’s not overwhelmed by his political baggage, as Cruz was by his ties with “The Firm.”

    * * *

    It’s quite possible that Teodoro was chosen by President Arroyo to dazzle and awe the Armed Forces with his impressive credentials, so that he becomes a counter-foil to the high-powered media buildup of Antonio Trillanes who’s in the same age bracket. To quote our Inquirer colleague from Mindanao, Antonio J. Montalvan II, the former Oakwood rebel leader mesmerized 11 million Filipino voters by presenting himself as “a knight in shining armor who comes to save the republic from the ignominy of an unpopular administration.” This he did by looking persecuted and hardly opening his mouth. It proved a very good campaign strategy, for after his election, Trillanes seems to be confirming suspicions that, as Montalvan put it, “there is nothing between those ears.” Teodoro, by contrast, is expected to be sharp, bright and poised -- a rich kid with brains.

    He should be a foil as well to the two new opposition senators who never authored a single bill in the House and who won overwhelmingly because of their incredible press.

    * * *

    As for Ebdane, many people thought he had slid seamlessly into the defense post, after Ms Arroyo took over briefly from Cruz. Thus, a good number of people were surprised when the appointment of Teodoro came. But what makes Ebdane’s return to the Deparment of Public Works and Highways (DPWH) more significant is that it comes at a time when a recent survey by Social Weather Stations (SWS) placed that department among those with “very bad sincerity” (below 50 points) in dealing with corruption and bribery, along with the Bureau of Customs.

    The seventh in the annual SWS Business Survey on Corruption conducted with the Makati Business Club stressed that the DPWH and the Bureau of Customs had improved their ratings from minus 66 to minus 55 and minus 74 to minus 68, respectively, but still the two agencies remained at the bottom, indicating that a lot of cleaning up is needed to be done there.

    Will Ebdane rise to the challenge of the new buzzword -- “reformist governance” -- while he pushes for the completion of mega-projects until 2010?"

  2. #12

    Re: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

    How's this for the "Dumbest Ideas in the World" contest? A little something from my friends at the Heritage Foundation__

    July 5, 2007

    The War on Terrorism: Habeas Corpus On and Off the Battlefield
    by James Jay Carafano, Ph.D.

    WebMemo #1535

    "Congress is considering legislation to extend habeas corpus rights (i.e., the ability to challenge the legality of detention in a civil court) to unlawful enemy combatants. Granting terrorists rights to which they are not entitled will not make the world a safer place and will not win over America's enemies and critics.[1] Worst of all, it will make armed conflicts more dangerous for soldiers and civilians.

    The current legal framework allows U.S. armed forces to do their job without adversely affecting military effectiveness or going against standards of international law. Congress should not undermine the United States' ability to detain unlawful combatants and, if appropriate, try them for war crimes.

    Soldiers and the Laws of War

    Separate laws regarding the conduct of war were established for a reason: The environment of armed conflict differs significantly from everyday civil society. Soldiers must be able to accomplish the mission and obey rules of conduct while under stressful, chaotic, and dangerous conditions. The laws of war also give soldiers the legal means to deal with enemy soldiers, civilians, and unlawful combatants who intentionally ignore the rules.

    Encouraging Lawlessness in Armed Conflict

    Granting unwarranted legal rights puts soldiers and civilians at risk by rewarding treachery with privilege. Unlawful enemy combatants--individuals who do not adhere to the traditional laws or customs of war--are not entitled to Prisoner of War (POW) status or the full protections of the Geneva Conventions, let alone unfettered access to U.S. courts. Summarily granting them these privileges would cripple the integrity of the laws of war. Enemies will be less inclined to follow the rules if they suffer no consequences for breaking them. Contrary views rely on guilt-ridden, utopian thinking that says America deserves her enemies and that they will love and foreswear violence against her if only she just meets some indeterminate but much higher standard of justice and fair play. When only one side plays by the rules on a battlefield, that side is likely to disproportionately suffer from illegal acts of war.

    Impeding the Effectiveness of Military Operations

    Soldiers have a number of equally compelling responsibilities in war: accomplishing the mission, safeguarding innocents, and protecting their fellow soldiers. These tasks are difficult enough. Soldiers should not be required to provide to unlawful combatants, in the same manner and to the same extent as would be expected of a civil court, the full array of civil protections afforded to U.S. citizens by the Constitution and created by judges since the 1960s. For example, it is highly unrealistic to expect soldiers during active operations to collect evidence and insure the integrity of the chain of custody for that evidence. American soldiers would effectively face a Hobson's choice: on one hand, win the war, bring fellow soldiers home, and safeguard innocents; or, on the other hand, meet novel legal standards that might result in prematurely releasing war criminals who will go back to the battlefield.

    Crippling Intelligence Gathering

    Gaining timely, actionable information is the most powerful weapon in uncovering and thwarting terrorist plots. Requiring the armed forces to place detainees under a civilian legal process will severely restrict their access to detainees and, in turn, cripple their capacity to obtain intelligence through legitimate, lawful interrogation.

    Military authorities are giving Gitmo detainees treatment that is as good as or better than that typically afforded to U.S.-held POWs. The only real difference is that Gitmo detainees may be interrogated for more than name, rank, and serial number.

    Unnecessary Burdens

    Changing the legal framework governing unlawful combatants is simply unnecessary. The military is already meeting its obligations to deal justly with individuals in its custody.

    Since the inception of the Geneva Conventions, no country has ever given automatic habeas corpus rights to POWs. Furthermore, such action is not required by the U.S. Constitution. The Supreme Court ruled in 2004 that, at most, some detainees were covered by a statutory privilege to habeas corpus. The Court concluded, in other words, that Congress had implicitly conferred habeas corpus rights to certain individuals. However, the Military Commissions Act of 2006 repealed that privilege and, so far, Congress has not acted to restore it.

    The Department of Defense already operates two tribunals that safeguard the legal rights of detainees. The Combatant Status Review Tribunal (CSRT) uses a formal process to determine whether detainees meet the criteria to be designated as enemy combatants. Tribunals known as Administrative Review Boards (ARB) ensure that enemy combatants are not held any longer than necessary. Both processes operate within the confines of traditional law-of-war tribunals and are also subject to the appeals process and judicial review. In addition, Congress has established a process under the Military Commissions Act to allow the military to try any non-U.S. detainees for war crimes they are alleged to have committed.

    Conclusion

    Imposing U.S. civil procedures over the conduct of armed conflict will damage national security and make combat more dangerous for soldiers and civilians alike. The drive to do so is based on erroneous views about the Constitution, the United States' image abroad, and the realities of war.

    U.S. military legal processes are on par with or exceed the best legal practices in the world. While meeting the needs of national security, the system respects individuals' rights and offers unlawful enemy combatants a fundamentally fair process that is based on that afforded to America's own military men and women. Having proven itself in past conflicts, the current legal framework can continue to do so in a prolonged war against terrorism."
    FRIENDS LANG KAMI

  3. #13

    Re: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

    Pustahan tayo, joe, kahit hindi naiintindihan ni Bush yan, veto yan sigurado. ;D
    *clap-clapclap-clap-clap-clap-clap* FIGHT!
    The original. The one word that conquers.

    ----


    "We will kill them all."

    -- Optimus Prime, referring to Decepticons in Transformers 3

  4. #14

    Patay kayo mga manyak!

    Puentevella files bill to criminalize video, photo voyeurism
    www.abs-cbnnews.com

    A bill which seeks to criminalize video and photo voyeurism has been filed in the House of Representatives, ABS-CBN News reported Friday.

    Reports said Bacolod Rep. Monico Puentevella filed House Bill 472 which seeks to impose punishment to individuals or groups who will acquire video or photos of persons or groups performing sexual acts with the intent of making money out of it.

    Puentevella has filed the bill following the proliferation of sex scandals which are mostly stolen video footages taken from hidden cameras in dormitories or motels, uploaded in the internet and reproduced for the public.

    "This is a blatant invasion of privacy, an act which could only be described as maliciously motivated and therefore, should be criminally prosecuted," Puentevella said.

    He said that some may find the videos or photos amusing but victims of voyeurism have been humiliated and may be scarred for life.

    "It is high time that such person/s or groups be punished to the fullest extent of the law," Puentevella said.
    *clap-clapclap-clap-clap-clap-clap* FIGHT!
    The original. The one word that conquers.

    ----


    "We will kill them all."

    -- Optimus Prime, referring to Decepticons in Transformers 3

  5. #15

    Re: Patay kayo mga manyak!

    Quote Originally Posted by atenean_blooded
    Puentevella files bill to criminalize video, photo voyeurism
    www.abs-cbnnews.com

    A bill which seeks to criminalize video and photo voyeurism has been filed in the House of Representatives, ABS-CBN News reported Friday.

    Reports said Bacolod Rep. Monico Puentevella filed House Bill 472 which seeks to impose punishment to individuals or groups who will acquire video or photos of persons or groups performing sexual acts with the intent of making money out of it.

    Puentevella has filed the bill following the proliferation of sex scandals which are mostly stolen video footages taken from hidden cameras in dormitories or motels, uploaded in the internet and reproduced for the public.

    "This is a blatant invasion of privacy, an act which could only be described as maliciously motivated and therefore, should be criminally prosecuted," Puentevella said.

    He said that some may find the videos or photos amusing but victims of voyeurism have been humiliated and may be scarred for life.

    "It is high time that such person/s or groups be punished to the fullest extent of the law," Puentevella said.

    F*CK!
    BASTA'T SEKSI.... LIBRE (since 1979).

  6. #16

    Re: Patay kayo mga manyak!

    Quote Originally Posted by bluewing
    Quote Originally Posted by atenean_blooded
    Puentevella files bill to criminalize video, photo voyeurism
    www.abs-cbnnews.com

    A bill which seeks to criminalize video and photo voyeurism has been filed in the House of Representatives, ABS-CBN News reported Friday.

    Reports said Bacolod Rep. Monico Puentevella filed House Bill 472 which seeks to impose punishment to individuals or groups who will acquire video or photos of persons or groups performing sexual acts with the intent of making money out of it.

    Puentevella has filed the bill following the proliferation of sex scandals which are mostly stolen video footages taken from hidden cameras in dormitories or motels, uploaded in the internet and reproduced for the public.

    "This is a blatant invasion of privacy, an act which could only be described as maliciously motivated and therefore, should be criminally prosecuted," Puentevella said.

    He said that some may find the videos or photos amusing but victims of voyeurism have been humiliated and may be scarred for life.

    "It is high time that such person/s or groups be punished to the fullest extent of the law," Puentevella said.

    F*CK!
    In other news, camera phone sales have plummeted to a record low.

    Seriously though, this should have been illegal a loooooong time ago.

  7. #17

    Re: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

    may loophole!

    "...House Bill 472 which seeks to impose punishment to individuals or groups who will acquire video or photos of persons or groups performing sexual acts with the intent of making money out of it."

    kung private/personal consumption lang... walang krimen!


    allllll riiiiight!!! (quagmire)
    BASTA'T SEKSI.... LIBRE (since 1979).

  8. #18

    Re: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

    Ang sasaya ng mga voyeur websites nyan. ;D
    *clap-clapclap-clap-clap-clap-clap* FIGHT!
    The original. The one word that conquers.

    ----


    "We will kill them all."

    -- Optimus Prime, referring to Decepticons in Transformers 3

  9. #19

    Re: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

    Trillanes in jail

    Inquirer
    Last updated 02:41am (Mla time) 07/09/2007

    MANILA, Philippines - Hard cases, the American jurist Oliver Wendell Holmes Jr. reminded the community of lawyers over a hundred years ago, make for bad law. Difficulty is a function of public passion or, in Holmes' elegant phrasing, "some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment."

    The charges against Sen. Antonio Trillanes IV make for one such case. Should the soldier accused of leading a coup d'etat be allowed either temporary or conditional liberty, to allow him to discharge his duties as a new member of the Senate? Should he enjoy a change in his custody status, from military detention to perhaps the custody of the Senate? Not least, should his election to the Senate, on the strength of over 11 million votes, be considered as absolving him of his liability?

    It is important to note that, while the Magdalo uprising which Trillanes is alleged to have led is familiarly described as a mutiny, mutineering charges against him have already been dropped. To date, Trillanes faces "only" two charges: Before a general court martial he is accused of conduct unbecoming an officer and a gentleman. And before the Makati regional trial court he is accused of taking part in an attempted coup.

    If the court martial finds him guilty, he will be punished with a dishonorable discharge from military service. Since under military rules any soldier who files a certificate of candidacy is immediately considered resigned, this punishment is somewhat redundant. Trillanes has already been dropped from the rolls.

    If the RTC finds Trillanes guilty, on the other hand, he can receive the maximum penalty: reclusion perpetua.

    A lawyer familiar with his case suggests a way out for a military leadership embarrassed by Trillanes' election victory: drop the conduct unbecoming charge, because his candidacy had already discharged him from the service. And then cooperate with the Senate to transfer custody from the military to the upper chamber.

    This solution has the appeal of a conqueror's sword slicing a Gordian knot in two. It will certainly soothe the "immediate overwhelming interest" of a public eagerly following the telenovela-like fate of a detainee-turned-senator. For this very reason, however, a reconsideration is in order.

    The need of the moment is for Trillanes, as an elected official, to be allowed the opportunity to serve his mandate. This does not mean substituting the elections for the court proceedings he must undergo; it only means allowing him to attend all Senate sessions and committee meetings necessary for his work as a legislator.

    This arrangement can be made even without dropping any of the two cases he is facing. In the first place, precisely because both trials are ongoing and there is no finding yet, Trillanes must be presumed to be innocent. He cannot be deemed to have forfeited any of his political rights. (A determination by either the court martial or the RTC that he cannot attend Senate sessions at all confuses accusation with conviction.)

    In the second place, effective discharge from military service is not the same as dishonorable discharge. For policy reasons, AFP Chief of Staff Hermogenes Esperon may well drop the Trillanes case and end the court martial proceedings; by exactly the same token, however, he may decide to let the trial continue, perhaps to send a message to other military adventurists. If he does so, he will run right smack into a Great Wall of resistance: as the post-election survey of military voters revealed, a great many in the AFP voted for Trillanes and consider reform in the military a just cause. But that is Esperon's decision, and his own lookout.

    In the third place, the crime of coup d'etat is serious indeed. Election into office does not extinguish criminal liability. Now that Trillanes is a senator, it is incumbent on the Department of Justice, if it truly has the evidence to send Trillanes to jail, to prosecute the case to the best of its ability. Prosecution, however, should not prevent the DOJ, the AFP and even the Senate to enter into a temporary arrangement, one that will allow Trillanes to serve in the office he was elected to.

    Justice may be blind, but it can, and it should, also listen to the roar of the crowd.

    ^^^ Hango sa Inquirer.Net

    May tanong lang ako: ganun ba talaga batas natin? Kapag ang isang taong akusado sa isang krimen ay tumakbo at nanalo bilang isang opisyal ng bayan siya pala ay otomatikong abswleto na mula sa kanyang saguting legal? Anong batas naman ang sumasaklaw dito, ang Civil Code ba, ang Omnibus Election Code o ang Revised Penal Code, o meron bang Special law na sumasaklaw dito?

    Hindi ba ganito din ang nangyari sa kaso naman ng manyak na si Romy Jalosjos? Ibig bang sabihin nito ay dapat na ring palayain si Jalosjos?

    Ano-ano ba ang mga pamantayan bago maabswelto sa saguting legal ang isang akusadong nanalo sa isang halalan?
    "Kung ayaw mong masaktan mag-chess ka na lang!"

  10. #20

    Re: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

    ^^^ Dugtungan natin ang usapin sa taas...

    Trillanes, Jalosjos: What is sauce for the goose …

    By Ramon Tulfo
    Inquirer
    Last updated 03:33am (Mla time) 07/10/2007

    I disagree with my newspaper’s stand that Antonio Trillanes IV should be allowed to attend Senate sessions and committee meetings to serve his mandate as senator of the Republic (Read yesterday’s Inquirer editorial).

    If Zamboanga del Norte Rep. Romeo Jalosjos was not allowed to attend sessions and committee meetings at the House, why should the rule be reversed to favor Trillanes?

    What is sauce for the goose is sauce for the gander.

    * * *
    If the argument is that 11 million Filipinos voted for Trillanes while only a few hundred thousand voted for Jalosjos, does that mean that a congressman is considered lower in category than a senator just because the former is elected locally while the latter is chosen nationally?
    Remember, both congressmen and senators are national legislators.
    If, on the other hand, the contention is that Trillanes has not yet been convicted while Jalosjos had been convicted when he was elected congressman, the rebuttal is that Jalosjos’ conviction was on appeal at that time and was not yet final.
    * * *
    The impasse can be resolved by having the Makati Regional Trial Court fast-track the trial of Trillanes on a charge of attempted coup.
    If he is found not guilty, then he should be released immediately.
    And if he is found guilty, then he can appeal his case but he should still stay in jail while the appeal is being heard, like what happened to Jalosjos.

    * * *

    Trillanes has filed two bills in the Senate seeking to increase the pay of soldiers who, he says, have put their lives on the line to protect “our people, our institutions and our democratic way of life.”
    I have no argument with Trillanes on increasing the pay of soldiers, but why not also increase the salaries of policemen and public schoolteachers?
    Cops also risk their lives in protecting the citizenry, while our public schoolteachers mold the country’s future leaders.

    * * *

    Here are some pieces of information that the public might want to know about the detention of Trillanes et. al by the Intelligence Service of the Armed Forces of the Philippines.

    1. At the height of the search for Gringo Honasan (elected senator for the second time), Trillanes was a “special guest” at the christening party of the first-born son of Capt. James Layug and his wife Aimee.

    2. The party was held at the official function room of Isafp officers called “Sampaguita Lounge” inside the restricted compound of the Isafp, Camp Aguinaldo.

    3. The date of the christening party: Dec. 23, 2005.

    4. The party was serenaded with music exclusively played by the Isafp band.

    5. The food served at the party was catered by Teriyaki Boy restaurant.

    6. The bill amounted to P36,000 more or less.

    7. MIG (Military Intelligence Group) 21 took pictures of the entire event.

    8. Fellow mutineers Captains Gerardo Gambala and Milo Maestrecampo, who both apologized to President Macapagal-Arroyo, did not attend the party.

    9. That was not the first party Trillanes and his group had while detained at the Isafp detention center. Other events like Christmas and birthdays were celebrated at the Kitanlad Hall inside the Isafp compound.

    ^^^ Baka naman may gustong sumagot diyan, mukhang interesanteng usapin ito.
    "Kung ayaw mong masaktan mag-chess ka na lang!"


 
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