Month: October 2007

Rules of Court, The President

Sec. Andaya as Romy Neri’s lawyer

magritte30.jpg

By René Magritte. “The Secret Player” 1927. Oil on canvas. 152 x 195 cm. Private collection. From abcgallery.com

 

So…when Budget Secretary Nonoy Andaya, Cabinet member, alter-ego of the President, and a lawyer, was called in and allowed into the executive session to give legal advice; or to lend legal assistance; to former NEDA director Romy Neri (according to the Inquirer, Juliet Javellana) was he……acting as Romy Neri’s lawyer? Or as the President’s lawyer?

Or as Malacañang’s “eyes and ears”? (forgive me for the phrase “eyes and ears”, that seems to be a law-enforcement criminal-case term, but I have a really small vocabulary, you know); or as the “point-guard” of the Palace in handling Romy Neri? (forgive me for the term “point-guard” that seems to be a gaming term but as I said, small me, small vocabulary), or as the executive staff’s “informant”? (forgive me, another criminal- case term, small me, small vocabulary), or as Romy Neri’s “warden” ? (another criminal-law term, I will replace it once I find another word…)

What constitutes practice of the profession (law profession)?

The following have been considered practice of the profession: 1.appearing in court; 2.appearing in quasi-judicial agencies as lawyer; 3.signing pleadings and motions; 4.giving legal advice; 5. teaching law has also been ruled upon as “practice of the profession” when a law professor was appointed to the Comelec; etc.

So, giving legal advice and legal assistance in a Senate investigation constitutes practice of the profession. (Giving legal advice to a client is probably different from giving your advice to the President as his Cabinet secretary). Was Cabinet secretary Nonoy Andaya acting as Romy Neri’s lawyer?

You know what…. He’s not allowed. He’s not allowed to practise his profession. He knows it, you don’t see him lending his name to law offices or appearing in court.

Here’s the constitutional provision:

 

“Art. VII. Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession xxx”

 

In other words, Cabinet secretaries are not allowed to practise their profession (except of course as, for instance, government lawyers who represent the government or the People in criminal cases, or as presidential legal counsel who gives advice on matters of the State; when they give advice to protect the President’s personal interest or that of the First Family, they do that as partymates or individuals who share the President’s personal interests).

 

 

So, in what capacity was he there?

Would you be able to ask him what instructions were given him when they were game-planning this scenario? If he was acting as the President’s lawyer, would he be able to invoke attorney-client; I guess not; but he would invoke executive privilege.

What were the instructions? Not to worry, everything will go on recess next week, and forgotten.

Students' reviews, The News Media

Our Kids: Children in the News

Notes posted by Camille Mendigorin -unedited by blog administrator 4th blog entry

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By Pieter Bruegel the Elder. “Children’s Games”. 1560. Oil on panel. Kunsthistorisches Museum, Vienna, Austria. From abcgallery.com

Quote” I would like to commend the program Kapuso Mo, Jessica Soho for its episode on Saturday, August 18. This particular episode showcased a story entitled “Batang Sugarol” featuring children who, in (sic) such a young age, are (sic) already involved in gambling.

Quote “The episode interviewed a 12-year child who regularly bets (sic) in cockfights. He was greatly influenced by his father who even approves (sic) of his son’s habit as he is (sic) also a cockfight enthusiast. The child’s father was interviewed by the show but his face was never shown for if he will (sic) be recognizable, his child might be recognized by others as well. The program also featured other children involved in gambling such as a 10-year old boy who works (sic) as a bet collector in their community to support his studies, a teenager who collects (sic) bets for big-time gambling in campuses, and another minor who is (sic) now in juvenile detention as he once became addicted to gambling which pushed him to commit crimes such as robbery.

Quote “The faces of children featured and interviewed in the program were not entirely shown so as to protect their rights and reputation. Camera shots only showed the lower part of the interviewees’ faces and in no way are (sic) they recognizable. Moreover, the real names of the children were not revealed and they were only given nicknames.

Quote “The show also interviewed an expert, a child psychologist, to explain why children are attracted to gambling. The psychologist emphasized that parents have (sic) a great impact on children as a child may imitate a parent who is into gambling. He cited the case of the 12-year old child and his father interviewed in the earlier part of the episode. The psychologist also pointed out that children need (sic) constant guidance from parents so that they may not be attracted to unpleasant and improper habits and that parents should serve as good examples for their children.

Quote “Kapuso Mo, Jessica Soho abided with KBP’s general program standard that says, “Gambling shall never be presented as a good habit, nor shall the public be encouraged to engage in it.” The show made a clear message that gambling is (sic) a socially undesirable and unacceptable habit, not just for any person of proper age but especially for children or minors. The feature story ended with Jessica Soho saying “Ang hindi alam ng mga batang ito, nang dahil sa sugal, inilalagay nila sa alanganin maging ang kanilang sariling kinabukasan.” “ closed-quote.

Aug 24, 1:27 PM —

XXXXXXXXX

Notes posted by Student # 21 A. Antonio

secondbrueghel.jpg

By Pieter Bruegel the Elder. “Children’s Games”. Detail. 1560. Oil on panel. Kunsthistorisches Museum, Vienna, Austria. From abcgallery.com

A. Antonio student #21 (unedited by blog administrator)

Quote “While I was watching TV Patrol last night (August 22), I came across a news story about the danger of this particular kind of closed rubber slippers to children who ride (sic) the escalator. There was this recent incident where the child’s parents complained because of their son’s foot getting stuck at the edge of the escalator and having his toe almost broken. I personally never thought this accident was possible until they showed a live visual reenactment of the scene where the slippers was literally ‘swallowed’ and torn at the end of the ramp.

Quote “I would like to commend their presentation of this news item because of many favorable reasons. First, they did not hesitate to mention the brand name of the rubber slippers –CROCS, despite its popularity and international recognition. Second, it was just correct that they blurred the face of the child to protect his identity. Third, the story was impartial by making both parties talk and stand by their claim. The victim’s parents related their piece, however the CROCS’ local distributor refused to give a statement. Fourth, they made a research and showed previous incidents from other countries where this same kind of accident took place. Pictures of the kids toe and foot after the accident was (sic) also shown to prove that this is (sic) not just an isolated bizarre occurrence in our country. Moreover, they flashed on the screen a written response of CROCS to these past complains (sic) claiming that their slippers are (sic) ‘safe’ and that the escalators may be the cause of the problem. Fifth, they got a statement from the distributor of escalators regarding the problem and presented it as well. Lastly, they gave tips and precautionary steps to parents on how they would be able to prevent these kinds of accidents in the future.

Quote “I would say this is one good media practice which all news reports must follow and practice.” Closed-quote.

Aug 23, 4:21 AM

XXXXXXXXXXX

Notes posted student #12

thirdbruegel.jpg

By Pieter Bruegel the Elder. “Children’s Games”. Detail. 1560. Oil on panel. Kunsthistorisches Museum, Vienna, Austria. From abcgallery.com

Quote “Yesterday, August 20, 2007, “TV Patrol World” reported about fifteen alleged rugby sniffers/addicts caught in Rosario, Cavite. Nine of the alleged rugby sniffers were minors and two of these minors were interviewed on air. Fortunately for these youngsters, their faces (or rather, their eyes) were blurred/pixelized and their names were not revealed in the report.

Quote “This news report was an example of an ethical media practice. It followed the provision of the Philippine Journalist’s Code of Ethics, which states that a reporter (whether from print or broadcast) must be careful in revealing the names of minors involved in criminal cases so that “they may not unjustly lose their standing in society.” This provision is to be followed by all journalists to protect the privacy as well as the future of the minors (whether guilty or not)involved in wrongdoing.” Closed-quote.

from student no.12, J192
August 21, 2007, Tuesday


Rules of Court, The President

following the evidence

williamblake.jpg

William Blake. The Punishment of The Thieves 1824-7. Chalk, pen and ink and watercolour on paper, 372 x 527 mm. “Purchased (by Tate Britain) with the assistance of a special grant from the National Gallery and donations from the National Art Collections Fund, Lord Duveen and others, and presented through the National Art Collections Fund 1919” from tate.org.uk

The Comelec being a constitutionally independent body (not covered by the Administrative Code of course) , the Chair can resign and get clearance even if, as it were, there was a pending “administrative” complaint as it were, against him, i.e., if you want to stretch the characterization of an impeachment as administrative. But you can’t. It’s now moot.

The Speaker is probably required to take “judicial notice” of the announced resignation even without any official document being forwarded to his office on the resignation; and he (the Speaker) was probably in his right place when he announced that the impeachment complaint was now moot and academic and that he would therefore instruct that the impeachment be be shelved or archived. All these, legally defensible.

The “damage control” executed in a matter of minutes; the moves may be brilliant; the public official concerned did not even take fifteen minutes to file a written resignation with Comelec and the other public official concerned (the Speaker) did not take one hour to wait for any official document to reach his office.

Any discussion on the Abalos impeachment is moot.

It only becomes not moot if the impeachment complainants had reached such a momentum that they are willing to pursue the impeachment complaint to its logical conclusion by amending the complaint and impleading the only other public official who could be removed only by impeachment, who had ultimate control over the ZTE contract, and is immune from any suit except an impeachment suit. That requires the number 80 plus and, more important than the number, that requires discernment of accountability, commitment to eradicate corruption at the highest level of public office, and wisdom to follow the evidence wherever it leads.

Follow the evidence where it leads, follow the accountability.

I don’t know whether you have at least 80 congressmen who have that discernment, that commitment, that wisdom. I guess not.