Nominees for Supreme Court Chief Justice

Chief Justice Supreme Court

The Judicial and Bar Council (JBC) will be convening next week to discuss the current vacant position in the Supreme Court, the Chief Justice position. The JBC is responsible for the selection of nominees in the Supreme Court. The meeting next week is expected to focus on how they will conduct the selection process since there is a clamor to make it public. Others also want JBC to enforce new rules and stringent rules in nominating the next Chief Justice of the Philippines.

Who are the Nominees for Chief Justice?

The 5 most senior Associate Justices are automatically nominated for the vacant position. And the most senior is Acting Chief Justice Antonio Carpio. Others in the list are Teresita Leonardo-de Castro, Arturo Brion, Presbitero Velasco Jr. and Diosdado Peralta. But under the law, the JBC should also accept applications or nominations from outside of the Supreme Court. Several sources revealed that many allies of President Aquino might be nominated for the Chief Justice position.

One name that could be in the list in the nomination process is DOJ Secretary Leila de Lima. Though she admits she is still needed in the department but she also said that she will not refuse if nominated in the position.

Another possible candidate for the CJ position is BIR Commissioner Kim Henares. Solicitor General Francis Jardeleza is also being eyed for the position. The names of Senator Franklin Drilon and Senator Alan Peter Cayetano also came out. Other nominees or applicants may come out when the JBC meet next week.

Composition of the JBC

Ex officio chairman:
Chief Justice of the Supreme Court

Ex officio members:
Secretary of Department of Justice
Representative of the Congress
Representative of the Integrated Bar
Retired member of the Supreme Court
Representative of the private sector

Qualification for the Chief Justice Position

To become a Supreme Court justice or Chief Justice, nominees must be natural born citizen of the Philippines. He or she must be practicing law in the country for at least 15 years or a judge in a court of record for at least 15 years.

As regards to age, a nominee should be at least 40 years old. The applicant should possess/show proven competence, probity, integrity and independence.

The vacancy in the Supreme Court should be filled within 90 days. The President will be choosing from the list of nominees short listed by the Judicial and Bar Council.

Politicians and Catholic Groups Wanted to Stop Lady Gaga Concert

For some people, the sudden protests from politicians to stop the concert of Lady Gaga is a publicity stunt for the upcoming election. Some of them even wanted a court order to successfully ban the concert. There are also religious groups that went on protest last Friday. They were urging Filipinos not to watch Lady Gaga's concert on May 21 and 22. They said the songs of the pop icon is blasphemous. This is aside from the usual stage production which involves some form of nudity and lewd conducts.

The local government of Pasay City where the concert will be held already informed the organizers, Ovation Productions, to tone down their concert to avoid any problems. Representatives from the LGU will monitor the concert to ensure they will not violate any laws. "We reminded the producers of Lady Gaga's concert that the show and the event as a whole shall not exhibit any nudity or lewd conduct which may be offensive to morals and good customs," Mayor Calixto told the AFP in an interview. "Although we respect artistic and musical expressions, I won't allow anyone or any group to provide acts which may be questionable in (any) way," he added.

Members of catholic groups will also monitor the concert and will send people to watch the concert to take possible evidences of lewd performances by Lady Gaga. Former representative and Pastor Benny Abante told the media that the production company should tone down their concert. "She should not sing songs that could offend our spiritual senses or wear bikinis in front of the crowd," he added.

 

Meanwhile, Ovation Productions, the promoter of Lady Gaga's concert in the Philippines, told a local media that people have the freedom to express themselves artistically. "Those who oppose what Lady Gaga is doing are not being forced to watch the concert," he said.

Indonesia and South Korea were some of the Asian countries who successfully ban or enforce strict rules on Lady Gaga's concert. Indonesia refused to issue permit for the said concert while South Korea ban the sale of tickets to citizens under 18 years old.

Let's see what will happen in the Lady Gaga Concert. Who can stop the concert of Lady Gaga?

Panamanian Diplomat Released Video of Pamela, Argued It's Not Rape

While many politician jumped into the bandwagon defending a Filipina allegedly raped by a diplomat from Panama, all of us heard just one side of the story. The woman who complained that she was raped asked the help of Senator Tito Sotto and other organizations to help her crusade, to jail the diplomat.


Under Philippine laws, an individual convicted of rape will face life imprisonment. However, the Panamanian official was released by the authorities after the DFA issued certification that the official is covered by diplomatic immunity. He was sent back to Panama and was declared persona non grata.

The diplomat, Erick Bairnals Shcks is a member of the technical and administrative staff of the Panama Maritime Authority. Senator Sotto even launched an inquiry as to why the diplomat evaded the case and even blamed the Department of Justice for their inefficiency and failure to file appropriate actions against the diplomat.

An interview with Yahoo Asia revealed that there could be no rape. That is according to the statement given by Erick Shcks. He said the woman, "Pamela," initiated the meeting two days after they met.

Below is an excerpt from Yahoo about the interview with Shcks.

On April 23, Shcks said Pamela called him and suggested a dinner date, to which he agreed. He said that after the dinner, they went to a bar where “Pamela” supposedly ordered Martini.

“There, we talked. She started hugging, kissing me. Then we said it’s a boring place. I told her, let’s go to my place, there is something to drink, I want you to know where I live (sic),” Shcks relates. “I was very interested in the girl. I really liked her at that moment and she agreed to go with me.”

Shcks said “Pamela” made a few calls while on their way to his unit. They later arrived at his place “very happy, hand to hand, not drunk, not drugged (sic),” he said.

“She agreed to go by herself. If this is rape, if the girl is afraid and if she needs to escape, she can escape,” he said.

At his apartment, Shcks said: “Inside the room, we listened to music, kissed each other, go to bed (sic). She acted like an experienced person,” he said, noting that “Pamela” left his unit past 1 am, conscious and not under the influence of drugs.

Here's a screen grab of the CCTV in the apartment where Shcks brought Pamela.

However, the legal counsel of Pamela argued that the case could fall into "date rape." They believe that the case is strong as evidenced by court decision saying they saw probable cause on the case. Shcks wants to discredit Pamela's credibility in releasing the videos and pictures.

Let's see what Senator Sotto can say about this.

Chinese TV Anchor Claims Philippines is Part of China, Chinese Ready for War

The Chinese really insists that they have sovereignty in the South China sea. Just recently, Fu Ying, the Chinese Vice for Foreign Ministry, told a Philippine diplomat that China is ready for the worst. Though she did not mention declaring war against the Philippines, they are really up for any serious scenario. "The Chinese side has... made all preparations to respond to any escalation of the situation by the Philippine side," she said.

China Ready for War Against the Philippines

"It is obvious that the Philippine side has not realised that it is making serious mistakes and instead is stepping up efforts to escalate tensions," she added.

But the Chinese government is not alone in their claim. The media are also taking part in the campaign to intensify the resistance on Philippines' claim on the Scarborough shoal. They even resorted to erroneous reporting and misrepresent facts. A Chinese journalist recently reported that President Aquino is not eager in claiming the disputed island.

And the worst thing, the Chinese people are now claiming the Philippines as their own. They now declare sovereignty over the entire Philipine archipelago.

Video Claiming China Owns the Philippines

A TV anchor of a nationwide Chinese TV network have said that China owns the Philippines. While this is not surprising for a country under communism, it is alarming that the media is being used to instigate public opinion and support.

Hope somebody can translate this in Filipino. According to AFP report, CCTV anchor He Jia said these things: "We all know that the Philippines is China's inherent territory and the Philippines belongs to Chinese sovereignty, this is an indisputable fact."




Are we ready for this? What can our senators, congressmen and other politicians say about this issue.?

Claudine and Raymart Brawled with Journalist Mon Tulfo, Caused by Lousy Cebu Pacific Service

If the sentiments of ordinary people are not being heard in the media regarding the lousy services of local airlines in the Philippines, a celebrity couple made it to the headlines. On Sunday, Raymart and Claudine Baretto engaged in a physical altercation with veteran journalist Mon Tulfo in NAIA Terminal 3.


Based on online reports, the scuffle started when Claudine reprimanded a Cebu Pacific employee regarding their missing luggage. A man, who turns out to be Mon Tulfo, is taking a footage of the scenario. Raymart allegedly confronted Tulfo but the journalist punched him. On the other hand, Tulfo said that he was just defending himself because he was already being ganged up by the companions of the celebrity couple.

The incident resulted to a brawl. In the video below, Tulfo got contusions in the face while Claudine complained that she was kicked by Tulfo. Both parties are planning to file a case.

Meanwhile, Raymart and Claudine wanted to see the airport CCTV video footage to see what really happened and who initiated the fight. Since both parties are connected to TV Networks, Mon Tulfo on TV5 while the Santiago's on GMA 7, we expect that they will have their own story to tell.


Video of Raymart and Claudine vs. Tulfo Brawl at the NAIA








Let us hear what Cebu Pacific can say about this incident. Local air carriers should not be just after the profit. They must provide better services to the public.

Maybe its time to review the laws governing the operation of local carriers in the country. The CAB, NAIA, DOTC, and other concerned government agencies must act now to resolve these problems- overbooking, delayed flights, poor customer service, poor facilities in airports, canceled flights, etc...

Liberal Party List of Senators for the 2013 Mid-Term Elections

Liberal Party Senatoriables 2013 Elections

The Liberal Party headed by Secretary Mar Roxas and the party of President Noynoy Aquino already announced the tentative list of Senatoriables for the 2013 Midterm elections. Budget Secretary Florencio Abad Jr. told dzmm during an interview that they already have the 12 candidates for senators in the 2013 elections.


However, the list include some members of other political parties including those from the camp of VP Jejomar Binay (PDP-laban) and the Nacionalista Party. But the list is a strong contender against the line-up of the UNA Coalition.

Below are the names of the candidates that will be endorsed by the Liberal Party. Some of them lost in the last Senatorial elections.


1. former Akbayan party-list Rep. Risa Hontiveros

2. former Representative and Customs Commissioner Ruffy Biazon

3. Customs Deputy Commissioner General Danny Lim

4. former Rep. and Presidential Adviser on Environmental Concerns Neric Acosta

5. Justice Secretary Leila de Lima

6. TESDA Director General Joel Villanueva

7. House Deputy Speaker Erin Tañada

8. Representative Sonny Angara

9. Senator Antonio Trillanes

10. Senator Alan Peter Cayetano

11. Senator Aquilino "koko" Pimentel

12. Senator Chiz Escudero


Other possible candidates include Presidential Spokesperson Edwin Lacierda and Agriculture Secretary Proceso Alcala. This list may still change depending on the developments on the possible coalition with other parties. The administration party is hoping that that they get the support of other major parties for the upcoming midterm elections. A coalition between PDP-Laban, Nacionalista and other minor political parties are still possible.

 

China Continues to Bully RP on Territorial Dispute

Scarborough Shoal claimed by China and the Philippines

The Chinese government continues its effort of showing its might by sending more ships to the disputed Scarborough Shoal. In the initial standoff, some of the Chinese ships were withdrawn from the disputed island but recently send their most advanced maritime law enforcement ship. The Philipine military also reported that at least 6 ships were sent by China to boost their presence in the Scarborough Shoal. On the other hand, the Philippines only had one ship the BRP EDSA II, a search and rescue ship lacking the surveilance and firepower capabilities.


The presence of BRP EDSA II in the Panatag shoal shows the Philippines' strong resistance on the incursion of the Chinese in the Philippine waters. Secretary Albert del Rosario encourage other ASEAN nations to take a stand on the issue. He told the media a few days ago that the claims of China is baseless. "I think since the freedom of navigation and unimpeded commerce in the West Philippine Sea are of great importance to many nations, all should consider what China is endeavoring to do in the Panatag Shoal in order to pursue its so-called full sovereign rights over the entire West Philippine Sea on the basis of their 9-dash claim using a historical record that is clearly baseless,” the Foreign Affairs Secretary said.

Philippine Taking the Issue to ITCLOS

The country will seek the help of the International Tribunal on the Law of the Sea (ITLOS) to help settle the dispute. However, China warned the Philippines not to internationalise the issue and urged the country to settle it through bilateral talks. China doesn't want the United Nations Tribunal to handle the dispute in the Spratlys Islands.

China has no Basis in Claiming the Scarborough Shoal

According to veteran journalist based in China, the Chinese government instills in their people that the entire South China Sea belongs to them. The rage is also intense in their homeland whenever a country such as the Philippines claims ownership on some of the areas in the South China Sea. But the Chinese government lacks the necessary documents to back up their ownership. According to experts, China do not have enough evidences to prove their claim in the South China Sea particularly in the Scarborough Shoal or in the Panatag Shoal.

A leak information from the Chinese Ministry of Foreign Affairs and a local Chinese scholar showed that the country has no enough basis in claiming the disputed area. Though it is being thought in Chinese schools, they could not find historical evidences that they have sovereignty in the disputed islands particularly the Huangyan Islands. Further, they could not justify the "nine-dashes" claim of China.

This is probably the reason why China wanted to avoid legal confrontation because they can't support their claims. They opt to use force, intimidation, and even use cyber attacks to bully the Philippines and retreat from its current stand. They also allowed Chinese fishermen to poach in the disputed area. That would mean condoning the illegal activities of their own citizens.

Panatag Shoal within Philippine Economic Zone



UNCLOS Exclusive Ecomic Zone

 Under the United Nations Convention on the Law of the Sea (UNCLOS), a country can claim a 200-nautical-mile exclusive economic zone (EEZ). Panatag Shoal is just 124 nautical miles from the town of Masinloc in Zambalez. The Philippines also has a map that proves Scarborough Shoal is part of the town of Masinloc.

If China continues to show its military power on the disputed islands, it only shows that they do not want to settle the issue in a diplomatic way.

On the other hand, can the Philippines assert its sovereinty in the West Philippine Sea or we will succumb to the bullying of the Chinese and let them grab the entire South China Sea.

As one commenter said, it's between 92M Filipino people vs. 1.3B Chinese people, what can we do?


UPDATES on Scarborough Shoal Dispute:

-The Chinese government ordered its Tour Operators/Agencies to cancel trips to the Philippines. That would mean the country will be loosing at least 2,000 tourists per year.

-A fishing ban was imposed by China on some areas of the South China Sea including the disputed area in
Scarborough shoal. This will  start on May 16 and will end August 1. The Philippine government refused to aknowledge the ban since it includes the area being claimed by both countries. But  the government will also adopt similar measure to replenish fish stocks in the area.