“But, watch out! This may again turn out to be an exercise where the Chief Justice creates virtual legislation by rewriting the Rules of Court, as he did in Amparo.”
by Ducky Paredes
On the one hand, we have a President whose heart bleeds so for the poor that she would give alms in the millions of pesos so that they can get through the present tough times. Yet, the next day she is on a trip to the United States (of all places) bringing along 59 congressmen, two senators, 10 Cabinet members, and their wives and children all traveling on our poor people’s money!
Is it part of Heaven’s judgment that the day after she left, we are hit by a typhoon that killed 200 persons and sank a passenger ship with close to 800 passengers?
Makati Mayor Jejomar Binay points out: “Working visits are paid for by the Philippine government. It is laudable if the congressmen and the members of the Arroyo family are paying for their own expenses, but, then again, the people have grown used to falsehoods under this administration that no one will believe them even if this were true.”
Besides, considering that the U.S. is the prime destination for Filipino tourists, surely, each of those accompanying her on the trip would have visited the country several times in the last five years. So, what could they possibly get out of a trip to a country already so familiar to them and where they probably already have so many friends and even close relatives? Remember that this is a working visit, not a State visit which is heavy on ceremonials. She should be working, not socializing!
Besides, what is there to talk about with an embattled and discredited US President US on his way out next year? Also, if she will meet the two contending candidates for the US presidency, of what use is that since she herself should be bowing out soon after (going by our constitution)?
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Here we go again, After introducing Amparo, the writ and Habeas Data to the country as means to protect Human Rights, Chief Justice Reynato Puno will now focus his attention on “second-generation human rights”— the people’s social, economic, and cultural rights. The forum –”Increasing Access to Justice: Bridging Gaps and Removing Roadblocks” – will be held June 30-July 1 via teleconferencing at the Court of Appeals Auditorium in Manila, the Cebu Grand Hotel in Cebu, and the Pearlmont Inn in Cagayan de Oro.
The idea seems harmless. According to the SC’s press release: “The court expects to receive through the forum inputs from various sectors of the justice system on issues and concerns on access to justice and recommendations on how the court may address them.
“This will enable the court to better implement the social justice mandate of the Constitution through its singular rule-making power concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged.”
But, watch out! This may again turn out to be an exercise where the Chief Justice creates virtual legislation by rewriting the Rules of Court, as he did in Amparo.
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Senator Miriam Santiago wrote out a 19-page complaint to the Commission on Elections asking that it declare illegal the billboards that use potential candidates for the presidency in 2010 as product endorsers. Among these models are her fellow-senators who, Miriam points out, never had a modeling career or any interest in endorsing products until recently.
Says Miriam: “It is a mockery of the law to start campaigning two years before the 2010 elections. The Election Code bans any election campaign outside the campaign period.”
True, but the Comelec has also ruled, time and time again, in what may be classified as a conundrum because it challenges lateral thinking, that one cannot possibly be campaigning if the potential candidate has not filed his certificate of candidacy and the time to do that for 2010 is still many months away, just before the formal campaign period begins. Thus, in reality, going by Comelec rulings, no one can ever be found guilty of early campaigning.
Quick, someone give Miriam a product to endorse – and a billboard!
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We have a letter: “You said it right, what the country need is Title Insurance to protect the buyers. A very prominent family bought a condo at Serendra, a project of the Ayalas. After an extremely long delay running into months when they had to stay in hotels after selling their house, they were finally “allowed” to occupy their unit, several months after the promised date!
“When they finally did, the place still smelled of paint around the common areas, construction was still going on and only a few families had moved in. There were no other occupants on their floor (3rd); the main entrance was still under construction and they had to enter through an adjacent building, And, to think that this unit cost them a fortune. I hope you can send a message to the developer and to others who invest in real estate in the Philippines only to discover that they have bought into huge problems for themselves.”– Lucho Singh, Seattle, WA
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This is what I wrote in an earlier column to help those who feel that they have been improperly treated by their housing developer: “The good news is that the Secretary of Justice has issued Department Circular # 27, ‘Prescribing rules and regulations governing the preliminary investigation of criminal cases arising from violations of Presidential Decree No. 957, as amended by Presidential Decree No. 1344.’
“This was done on July 25, 2007.
“What this means is that, in the event that the developer or agent does not deliver your condo on the stipulated date, you can file a criminal case against him. So, too, if he fails to deliver your title after having paid for the unit, And you do not even need the HLURB to do this.
“Says the DOJ DC # 27: ‘Criminal complaints for violations of PD 957 as amended by PD 1344 may be filed directly with the Office of the Provincial or City Prosecutor of the place where the subdivisions, condominium, housing projects or developments are located.’”
Sue the developer! Our laws ought to be amended so that buyers are given more protection than those who prey on these unwary buyers.
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hvp 06.24.08)
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