Chief Justice Alexander Gesmundo meets the press for the first time as top magistrate. For the first time, 12 other SC justices join him. SC celebrates 120th anniversary today.
Chief Justice Alexander Gesmundo speaks to the media for the first time since he was appointed. Says the most valuable resource of any organization is its personnel. Reports that 1,994 employees of SC, CA, SB, CTA and trial courts have been afflicted with COVID19.
Gesmundo: Of 1,994 employees of SC, CA, SB, CTA, trial courts who were infected with COVID19:
1,846 - recovered
33 - died
115 - active cases
Gesmundo says SC has included judiciary employees in A4 priority for vaccination.
As of June 4, 2021, courts have successfully conducted 327, 991 videoconferencing hearings, or success rate of 87.57%. Thousands of persons deprived of liberty released.
To address concerns on speedy disposition of cases, Gesmundo says SC has issued rules on enforcing foreign judgment on support, procedure in money laundering cases and increase in fines on erring judges.
Gesmundo says internal rules of SC also amended. SC justices agreed to decide cases filed after April 2021 within 24-month period set in the Constitution.
Gesmundo says he will focus on 2 things in addressing concerns on speedy disposition of cases: case decongestion and technology-driven judiciary by strengthening ICT structure
Gesmundo says Bar Exams will now allow online application and online payment of fees
Among Gesmundo's long-term goals is improving ICT infrastructure by establishing an e-court system with unified, comprehensive, intelligent case management system.
Gesmundo entertains questions from media. Asked about delayed release of copies of SC resolutions and decisions -- at times taking months, Gesmundo acknowledges delay. Reasons he cited: pandemic restrictions affecting workers; admin process decisions have to go thru.
Gesmundo says SC will start publishing summaries and dispositive portions of rulings or decisions decided upon.
What steps has SC taken to protect lawyers, judges threatened or killed? Gesmundo cites March statement issued by SC encouraging all those affected to submit data, reports on threats/attacks. Says they have received reports and they have assigned it to a committee for evaluation.
Gesmundo says Judiciary Marshals bill has passed 3rd reading at the House of Representatives. Hopes that before the end of this Congress, it will be passed into law.
On calls for amendments to rules on issuance and service of search and arrest warrants, Gesmundo says Justice Marvic Leonen has submitted a draft. SC will also amend rules on criminal procedure and will adopt rule on use of body cameras after 2-3 deliberations.
Gesmundo on rule on body cameras: "It's in the works." Says by July they may be able to adopt the rule.
Will SC review rules on writ of amparo and habeas data? Gesmundo says he has asked a team to do research, including cases from other jurisdictions, to guide them in the revisions. On writ of kalayaan, an innovation which will require a thorough study. Writing of rules take time.
On vaccinations of court employees, Gesmundo says they have requested assistance of Manila LGU but they were told by vaccination task force they can do it on their own.
Gesmundo allows Justice Marvic Leonen to answer question about constitutionality of withdrawal of consent to Rome Statute/ICC. Leonen says petition was mooted only with respect to one petitioner but with respect to Senate-petitioners, petition was deemed premature.
Gesmundo says all SC justices have completed second jab of vaccines.
To what extent will SC under Gesmundo exercise rule-making function with respect to protection of human rights? Gesmundo says SC will adopt rules as exigency requires but only within the parameters of the Constitution.
On the status of drug war cases which Justice Edgardo Delos Santos inherited from retired SAJ Antonio Carpio, Gesmundo says he cannot preempt Justice Delos Santos' recommendation before he retires (at the end of the month).
On SC probe on red-tagging of Mandaluyong judge, Gesmundo says they have yet to receive report from PNP on who was responsible for putting up tarpaulins on EDSA. Says security concern addressed.
On looming power crisis and its potential impact on videoconferencing hearings, Gesmundo says not certain as to extent yet of power crisis.
Says SC has talked to telcos regarding provision of broadband in courts.
On "Tulfo brand of justice," Gesmundo says he hasn't watched these programs. Says this could be viewed positively as alternative modes of dispute resolution, as long as rights not trampled upon. But says there might be issues on dignity of persons, lack of judicial process.
Chief Justice Gesmundo to prioritize vaccination of court employees, speedy disposition of cases
In the Philippines, a single mother, detained for 17 years, walks free after a judge found her to be "at the wrong place at the wrong time" when a kidnapping incident took place.
In 17 yrs, she didn't see her 8-yr-old boy grow up. She lost her father 2 months before her release.
How did this happen? Her lawyer says the case was complicated with several police witnesses. “Pops,” not her real name, was 1 of 10 accused, who all testified and presented their own witnesses.
8 of the accused, including 2 policemen, were convicted of kidnapping for ransom.
Pops had no idea that her cop-boyfriend was involved in kidnapping. She was arrested because she was in the same car when her boyfriend was caught. But she was never seen during the abduction and detention of the kidnap victim.
Leyte Rep. Vicente Veloso III secures a writ of habeas data order from Court of Appeals. CA orders govt agencies to remove his name from the March 2019 narco-list and destroy all related docs, records, info.
In granting the privilege of the writ of habeas data to Veloso, CA rejected the govt’s defense of national security. While no universally-accepted def’n of national security, CA says it refers to protection of nation’s existence, territorial integrity, national sovereignty.
Veloso, the current House justice committee chair, filed the petition for the issuance of the writ of habeas data in March 2019 shortly after he was included in gov’t narco-list. He denied allegation and said PDEA had cleared him of drug links.
Supreme Court justices donate 18 tons of vegetables to 16 community pantries this morning. Sources say personal funds of the magistrates were used in purchasing the vegetables.
Present during the turnover of the donations are justices Jhosep Lopez, Edgardo delos Santos, Marvic Leonen and Mario Lopez as well as Chief Justice Alexander Gesmundo and Justice Ramon Paul Hernando. More justices expected to arrive shortly.
The vegetables the SC magistrates donated were sourced from Luzon farmers, a source says.
NOW: At a PH Bar Association webinar on the West PH Sea this morning, retired SC SAJ Antonio Carpio says there are 2 challenges to enforcement of 2016 arbitral award: China and President Rodrigo Duterte.
Carpio enumerates instances when Duterte committed "self-inflicted blows":
-Duterte set aside award to secure $22B loans and investments from China but on less than 5% has so far materialized
-Sept 2016: Duterte said PH navy will patrol only territorial seas, not EEZ
Carpio enumerates instances when Duterte committed "self-inflicted blows":
-Duterte entered into verbal fishing agreement with Chinese Pres. Xi Jinping, a derogation of exclusive sovereign right of Filipinos to fish in WPS
-Duterte admitted being "inutil" in defending WPS
Ret. SC Senior Associate Justice Antonio Carpio responds to Pres Duterte’s statement last night taunting him: “If you’re bright, why did we lose the West Philippine Sea?”
Carpio: Pres Aquino won South China Sea Arbitration; Pres Duterte set it aside.
Carpio explained that he was still with the Judiciary when China grabbed Scarborough Shoal in 2012 (Executive determines foreign policy) but he pushed to fight China’s 9-dash line by enforcing UN Convention on the Law of the Sea. PH won arbitration in July 2016.
Carpio reminds Duterte that he “set aside” arbitration win in exchange for $22B loans and grants from China, of which not even 5% has materialized. Duterte allowed Chinese to fish in West PH Sea despite admitting fish there is not enough for PH.
Justice Sec Menardo Guevarra on ANC's Headstart said distribution of ivermectin, not registered for human use in PH, "apparently violates the FDA law."
Will there be basis for warrantless arrests of Rep. Mike Defensor and Rep. Rodante Marcoleta?
No categorical answer from SOJ.
Guevarra notes there are 2 exemptions for distribution of ivermectin cited by FDA director general: thru compassionate use authorization and when it is compounded by duly licensed pharmacies. In both cases, these should be supported by doctor's prescription.
Guevarra: So, if Rep. Defensor and Rep. Marcoleta's act of distributing ivermectin would fall under any of these 2 situations, it would appear that they can put this up as a defense just in case a complaint is filed.