SITUATIONER

Justice Sector
01-05 July 2013
RODOLFO D. ENALE! JR.
J"# resets $oti%& o% %e't S(%)i&(% *resi)i%& +ustice
MANILA, Philippines - The selection process for the next presiding
justice of the Sandiganbayan has been stalled because of the
nal Supre!e "ourt #S"$ ruling re!o%ing one of t&o !e!bers of
"ongress fro! the 'udicial and (ar "ouncil #'("$)
The '(" deferred yesterday the deliberation on nine candidates
for the top Sandiganbayan post in place of Presiding 'ustice
*rancisco +illaru, 'r), &ho retired fro! the judiciary last 'une -)
La&yer 'ose Mejia, !e!ber of the '(" fro! acade!e, said they
decided to reset %oting to 'uly ./ upon re0uest of the 1ouse of
2epresentati%es in line &ith the !idter! elections last May 34)
5"ongress is currently in recess, so &e ha%e to &ait for the! to
con%ene and send a representati%e to join in the %oting for the
shortlist,6 he explained)
Mejia said the postpone!ent of the %oting, &hich &as originally
set yesterday, &as sought by re-elected Iloilo 2ep) Niel Tupas 'r) in
a letter sent last 'une .-)
Tupas has been the representati%e of the 1ouse in the '(") The
Senate used to also ha%e its separate %oting !e!ber in the
council &ith re-elected Sen) *rancis 7scudero as representati%e)
The '(" pre%iously had eight !e!bers, including Tupas and
7scudero)
(ut in a ruling in 'uly last year, the S" ruled that "ongress 8 both
1ouse and Senate 8 should only ha%e one representati%e in the
'(")
The high court a9r!ed this ruling and jun:ed the appeal of Tupas
and 7scudero in su!!er session last April)
The S" declared unconstitutional the pre%ious setup in '(" &here
respecti%e representati%es of the Senate and the 1ouse are gi%en
separate seats and %otes for judicial posts, &hich has been
practiced since .;;3)
+oting /-4, the high court ordered the '(" 5to reconstitute itself
so that only one !e!ber of "ongress &ill sit as representati%e in
its proceedings, in accordance &ith Section -#3$, Article +III of the
"onstitution)6
"ongress has yet to decide &ho &ill be sent to the '(" for
deliberations on the top Sandiganbayan post) (oth 1ouse and
Senate are currently in recess and &ill resu!e session on 'uly ..)
No representati%e fro! either the Senate or 1ouse attended the
public inter%ie&s of the candidates last !onth)
"hief 'ustice Ma) Lourdes Sereno chairs the '(" &ith 'ustice
Secretary Leila de Li!a as ex-o9cio %ice chair) Apart fro! Mejia,
the other regular !e!bers are Milagros *ernan-"ayosa fro! the
Integrated (ar of the Philippines, retired S" 'ustice 2egino
1er!osisi!a fro! the retired justices< sector and retired "ourt of
Appeals 'ustice Aurora Lag!an fro! the pri%ate sector)
It &as learned that 1er!osisi!a<s four-year ter! in the council
&ould end on 'uly /)
It is not yet clear &hether President A0uino &ould reappoint hi!
to the post)
The nine no!inees for the top Sandiganbayan post are=
Sandiganbayan Associate 'ustices Teresita >ia,-(aldos, ?regory
@ng, Alex Auiros, A!paro Tang, and 7fren de la "ru,, "ourt of
Appeals #"A$ Associate 'ustice Apolinario (ruselas, 'ustice
Bndersecretary Leah Ar!a!ento, Interior and Local ?o%ern!ent
Bndersecretary 2afael Santos and Abra Pro%incial Prosecutor
Nestor Tolentino)
Bnli:e in posts in the S", the /;-day period for appoint!ent for
%acancy in the anti-graft court starts fro! day of sub!ission of
the shortlist to the President)
S@B2"7=
http=CC&&&)philstar)co!CheadlinesC.;34C;DC;.C/E;E3;Cjbc-
resets-%oting-next-sandigan-presiding-justice
(y 7du Punay #The Philippine Star$ F Bpdated 'uly ., .;34 -
3.=;;a!
"ello ur&es DOJ to *ro$i)e *rotectio% ,or se'-,or--i&.t $icti/s
2 2
MANILA, PhilippinesGA:bayan 2epresentati%e Halden (ello as:ed
'ustice Secretary Leila >e Li!a to pro%ide protection for *ilipino
&o!en &ho ca!e out and exposed the sexual exploitation of
o%erseas *ilipino &or:ers in the Middle 7ast by Philippine o9cials)
51e said they are as:ing for protectionIso!e of the! &ere
hesitant for fear of reprisals,6 >e Li!a told reporters Tuesday)
>e Li!a !et &ith (ello on Monday and sought the >epart!ent of
'ustice<s help in the in%estigation of the scandal)
>e Li!a said (ello expressed &orry that the abused @*Hs &ere
not only %icti!s of exploitation but also of hu!an tra9c:ing)
She said both the >epart!ents of *oreign AJairs and Labor and
7!ploy!ent are conducting separate in%estigations)
5>epending on the result of the fact nding of the t&o agencies
#>@L7 and >*A$, then there is a possibility that appropriate
cri!inal charges &ill be led and therefore that is &ith us #>@'$,
especially those that ha%e been pro%en to ha%e been co!!itted
either in Philippine territory and sye!pre sa extensions of
Philippine territory such as e!bassy, consulate,6 >e Li!a said)
The 'ustice chief added that the National (ureau of In%estigation
#N(I$ is also conducting an in%estigation on si!ilar cases) @n the
rst case, >e Li!a said the N(I has nished its in0uiry and
sub!itted the report to (ello<s co!!ittee) @n the second case,
she said the N(I nished its in0uiry but a report has yet to be
sub!itted &hile the third case in%ol%ed the alleged suicide of an
@*H last April &ho died inside a Philippine consulate)
(ello earlier bared allegations that Philippine labor o%erseas
o9cials had forced distressed @*Hs into prostitution to earn
!oney to Ky bac: ho!e)
S@B2"7= http=CCglobalnation)in0uirer)netCD/L.3Cbello-urges-doj-
to-pro%ide-protection-for-sex-for-Kight-%icti!s
(y Tetch Torres-Tupas
INABI272)net
3=.D p! F Tuesday, 'uly .nd, .;34
0i)%(* sus*ect %(11e) (t DoJ .e()2u(rters
MANILA, PhilippinesGA :idnapping suspect &as arrested *riday at
the National (ureau of In%estigation #N(I$ head0uarters in Manila
&hile attending a preli!inary in%estigation of another case &here
he is a &itness, said 'ustice Secretary Leila >e Li!a)
Anthony A0uipel &as arrested by N(I agents based on an arrest
&arrant issued by "ala!ba 2egional Trial "ourt #2T"$ (ranch 4M
Presiding 'udge ?regorio +elas0ue,, said >e Li!a)
A0uipel, a resident of (gy Tabon 3, Na&it, "a%ite, allegedly
abducted a !inor last *ebruary in Laguna)
3 3
1e &ill be te!porarily detained at the N(I head0uarters along
Taft A%e, Manila until the "ala!ba trial court issues an order
specifying &here he should be detained during his trial)
Nidnapping for ranso! is a non-bailable oJense that carries a
penalty of life i!prison!ent)
S@B2"7= http=CCne&sinfo)in0uirer)netCL4-/3DC:idnap-suspect-
nabbed-at-doj-head0uarters
(y Tetch Torres-Tupas
INABI272)net
3.=.. p! F *riday, 'uly Mth, .;34
A31(y(% l(4/(3er (s3s DOJ to *ro1e se' 5tr(6c3i%&7 o, OF8s
MANILA, Philippines G A:bayan 2epresentati%e Halden (ello has
as:ed the >epart!ent of 'ustice to ta:e a loo: at the allegations
of sexual exploitation of o%erseas *ilipino &or:ers in the Middle
7ast by Philippine o9cials, to ensure that the %icti!s &ould get
the justice they ha%e been see:ing)
(ello, in a state!ent, said he !et &ith 'ustice Secretary Leila de
Li!a on Monday and she expressed concern that the experiences
of @*Hs !ight not only be a case of sexual exploitation but one
of tra9c:ing too)
The justice secretary, he said, &ould &ait for the results of the
in%estigations of the >epart!ent of *oreign AJairs and the
>epart!ent of Labor and 7!ploy!ent) (ased on the results, the
>@' &ould co!e up &ith reco!!endations to the Inter-Agency
"ouncil Against Tra9c:ing, he said)
5And if it is indeed a case of tra9c:ing, they &ill in%estigate not
only our e!bassies, but &ill coordinate &ith the national
go%ern!ent agencies in the countries !entioned to in%estigate
the bigger half of the proble! &hich happens outside the
pre!ises of our e!bassies,6 he said)
1e said the ordeal of the @*Hs in the Middle 7ast, allegedly at
the hands of predatory Philippine o9cials, &as 5riddled &ith
layers of injustice)6
1e earlier bared allegations that Philippine labor o%erseas
o9cials had been prostituting distressed @*Hs in the Middle 7ast,
or had been telling the! to exchange in the sex trade to earn
!oney for their Kight ho!e)
5Abused and distressed !igrant &or:ers appealing for help, sold
by the people &hose !andate is to protect the!, to the highest
bidder) This is not a si!ple case of dereliction of duty that &ill be
sol%ed by ad!inistrati%e sanctions,6 he said)
5More and !ore &o!en are co!ing out &ith their stories, and
they are as:ing for justice) And this is &hy &e brought the issue
to the >@',6 he added)
4 4
(ello further said the >@' could help resol%e the root causes of
the issue)
5The >@' is best e0uipped to get to the root of the proble! and
bring the perpetrators of abuse to account) @nly then &ill &e be
able to say that &e ha%e ensured the dignity and &elfare of
*ilipinos &ho lea%e the country in search of a better life for their
fa!ilies,6 he said)
S@B2"7= http=CCglobalnation)in0uirer)netCD/4.4Ca:bayan-
la&!a:er-as:s-doj-to-probe-sex-tra9c:ing-of-of&s
(y Leila () Sala%erria
Philippine >aily In0uirer
D=;L p! F Monday, 'uly 3st, .;34
De Li/( e'*resses reser$(tio%s o% usi%& 1(c3 .oe o*er(tor (s 4it%ess
MANILA, Philippines -'ustice Secretary Leila >e Li!a has
expressed reser%ations on using (ong Andal, the bac:hoe
operator, as one of the go%ern!ent<s state &itness in the
Maguindanao !assacre case)
>e Li!a claried that Andal &as ne%er accepted to the
go%ern!ent<s &itness protection progra!)
She said Andal has been co%ered by the HPP only on pro%isional
and partial basis, !eaning he &as not gi%en the full benets of a
HPP &itness li:e nancial benets and allo&ances)
5There is a reason &hy he #Andal$ is not fully co%ered by HPP, but
I cannot discuss the details because of a condentiality rule in
the progra!,6 she told reporters)
Andal applied for HPP co%erage and &anted to turn to state
&itness) 1o&e%er, he &ent into hiding for fear of his life) 1e &as
arrested only last year)
The >@' chief said &hether he &ill be accepted to the HPP or not
&ill depend on the e%aluation and reco!!endation of the
prosecutors)
5Not all &itnesses are entitled to exactly the sa!e ter!s and
conditions) Not all &itnesses are entitled to exactly the sa!e
benets fro! the HPP,6 she explained)
5In the case of #Andal$, his status &as a result of the e%aluation
based on his testi!ony,6 she said)
>e Li!a said for a &itness to be 5essential6 his testi!ony !ust
not be only corroborati%e of testi!onies of other &itnesses)
@n Monday, Andal, in a tele%ision inter%ie&, detailed his
participation in the !assacre) 1e said he acted upon orders of
Andal A!patuan Sr)
1e recalled he dug a big hole near &here the %icti!s &ere shot
allegedly by the A!patuans, then pushed the bodies as &ell as
their cars into the pit)
Andal said he closed his eyes as he operated the bac:hoe to
crush e%ery %ehicle, &ith passengers inside, and pile the! into
5 5
the !ass gra%e on a re!ote hilltop in A!patuan to&n in
Maguindanao)
S@B2"7= http=CCne&sinfo)in0uirer)netCL4DD4/Cde-li!a-expresses-
reser%ations-on-using-bac:-hoe-operator-as-&itness
(y Tetch Torres-Tupas
INABI272)net
M=.4 p! F Hednesday, 'uly 4rd, .;34
Di(s*or( /(3es Fili*i%o )ru& /ules (ttr(cti$e to s/u&&li%& sy%)ic(tes 9
De Li/(
MANILAGNarcotics syndicates prefer *ilipinos to transport illegal
drugs for the! because !any of the! go abroad to &or:, 'ustice
Secretary Leila >e Li!a said Thursday)
5He ha%e so !any o%erseas *ilipino &or:ers,6 >e Li!a said,
announcing that she has directed the National (ureau of
In%estigation to hunt do&n the recruiter of the 4M-year-old *ilipina
drug !ule &ho &as executed on Hednesday in "hina)
'ustice Secretary Leila de Li!a= "onr!ation) INABI272 *IL7
P1@T@
5He are a sending country,6 >e Li!a said, noting there are
currently about 3; !illion *ilipinos o%erseas)
>e Li!a told reporters that the 5big i!plication6 of the case &as
that a drug syndicate &as in%ol%ed here)
The &o!an &as arrested &ith her !ale cousin in .;33 at the
1ang,hou international airport, each of the! carrying !ore than
six :ilos of heroin)
5They could ha%e not done it on their o&n if the a!ount of the
cocaine or drugs alleged to ha%e been tra9c:ed is such) So they
&ere just used by these syndicates,6 the justice secretary said)
That &as &hy, she said, after the N(I identies the &o!an<s
recruiter, reportedly a Nigerian, the agency &ill also loo: for other
!e!bers of the syndicate 5&ith the end %ie& of ling charges
against hi! or her and other !e!bers of the syndicate)6
She expressed hope though that the &o!an<s fa!ily &ould go to
the N(I and coordinate &ith the! 5because they !ight ha%e
infor!ation or leads that can be used)6
The execution of the &o!an brought to %e the nu!ber of
*ilipinos put to death by "hinese authorities for drug tra9c:ing)
Three *ilipinos G Sally @rdinario-+illanue%a, 2a!on "redo and
7li,abeth (atain G&ere executed on March 4;, .;33 for
atte!pting to s!uggle heroin into "hina) A fourth *ilipino &as
executed in >ece!ber .;33)
The !ale cousin of the &o!an executed on Hednesday &as also
sentenced to death but &as gi%en a t&o-year retrie%e to gi%e hi!
6 6
a chance to refor! so his sentence could be co!!uted to life
i!prison!ent)
>e Li!a said she pointed out the predica!ent of @*Hs &hen she
spo:e at the Mth Horld "ongress Against >eath Penalty in Madrid,
Spain last !onth)
She said the Philippines signied its interest in joining the global
ad%ocacy against the death penalty 5because so!e of our
country!en are put in that :ind of situation and happen to be in
countries &here the death penalty is i!posed)6
S@B2"7= http=CCglobalnation)in0uirer)netCD/DLMCdiaspora-!a:es-
lipino-drug-!ules-attracti%e-to-s!uggling-syndicates-de-li!a
(y "hristine @) A%endaOo
Philippine >aily In0uirer
-=M4 p! F Thursday, 'uly Lth, .;34
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