Law on Mass Media Intro Part 2 (Deadline Aug29, 5pm): Jurisdiction, Structure of the Judiciary; Quasi-Judicial agencies

Law on Mass Media Intro Part 2: Jurisdiction, Structure of the Judiciary; Quasi-Judicial agencies

                                   SECOND EXERCISE
(the first exercise was on part one of the intro to the course: Illustrate concepts taken up in class by using news events: 1.The Constitution, Statutes, Decisions of the Supreme Court; 2.Constitutional law terms; 3.Legal terms; 4. Legal Remedies; etc.), with a bonus exercise on news events on amending the Constitution)
The second exercise is on part two of the intro to the course: 1.Definition of Jurisdiction, concept of jurisdiction; 2.Exercise of jurisdiction; 3.Structure of the Judiciary; 4.MTCES (mnemonics by blog admin: Money claims not more than P100,000, Traffic rule violations; City & municipal ordinances; Eviction cases; Six months or less of jail time, crimes); 5.RTC jurisdiction (six months and one day to life); 6.CA jurisdiction; 7.SC jurisdiction (news events July-August).

    The bonus is on quasi-judicial agencies (focus on those relevant to the course) : MTRCB, NTC, SEC in certain cases, BIR in certain cases, etc. with an expanded period covered (news events of 2018 or from  January-August)


Deadline in six days: 5pm of August 29. Late submissions are considered a forfeit for the week and will no longer be credited. 

     Advanced Happy Heroes Day!

(photo by blog admin, from the archives)

 

17 thoughts on “Law on Mass Media Intro Part 2 (Deadline Aug29, 5pm): Jurisdiction, Structure of the Judiciary; Quasi-Judicial agencies

  1. SECOND WEEK BONUS:

    https://www.rappler.com/nation/210040-deped-bicol-possible-criminal-case-vs-alexander-james-jaucian

    “ALBAY, Philippines – The Department of Education (DepEd) in Bicol said it will ask the Department of Social Welfare and Development to file criminal charges against Bicol Central Academy (BCA) school administrator Alexander James Jaucian for violation of the Child Protection Policy.”

    A viral video in Facebook surfaced about a school administrator burning students’ bags whilst humiliating them. In accordance, DepEd investigated on the said event and decided to press charges against the violator. They have the power to do so as they are considered to be a quasi-judicial agency. This means that schools are bound by their policies and if there are breaches done, then they can take action against them. In this case, they said that it violates the Child Protection Policy, which is essentially being non-tolerable to any act of abuse against children or students. Aside from motioning to remove the violator, DepEd may also not grant the said school to their SHS voucher program.

    From our discussions on quasi-judicial agencies, I think this is the right thing to do on the part of DepEd. They should act against this because aside from it violating the Child Protection Policy, I also think it greatly violates the basic rights of people as stated in the Constitution. Despite having a “no-bag” policy in the school, it doesn’t give the administrator the right to ridicule or burn the possessions of students. DepEd has the jurisdiction to investigate and make a decision towards this situation and they are rightfully doing so.

    “If a case is filed, the MTC has jurisdiction.”

  2. SECOND WEEK POST:

    http://cnnphilippines.com/news/2018/08/06/PLDT-workers-employee-regularization-endo-contractualization.html

    “Metro Manila (CNN Philippines, August 6) — The Palace has sided with the workers of the Philippine Long Distance Telephone Company (PLDT) after the Court of Appeals (CA) blocked the regularization order issued by the Labor Department.”

    This article talks about the case of PLDT and the regularization of their workers. The Department of Labor and Employment initially declared PLDT’s 7,000 workers as employees and asked PLDT to comply with this declaration. The DOLE has the power to do so as it can be considered as a quasi-judicial agency.

    However, PLDT filed a petition to the Court of Appeals. The Court of Appeals has the power to review decisions and orders of Regional Trial Courts as well as quasi-judicial agencies. This includes reviewing the decisions of DOLE if a petition is filed. Because of this, the CA reversed DOLE’s decision, favouring PLDT. This voided DOLE’s regularization order.

    Based on what we discussed, whether or not I agree with the CA’s decision, we can see from here how the structure and jurisdiction of the courts come into play. Despite a quasi-judicial agency’s decision, a higher court like the Court of Appeals or the Supreme Court can still overrule their decisions if a petition is filed to them. In this case, its process was followed. As this case is still ongoing, it may eventually reach the Supreme Court as another petition was filed to reconsider or reverse the decision of the Court of Appeals.

    “If a case is filed, the MTC has jurisdiction.”

  3. SECOND WEEK REGULAR POST

    https://www.philstar.com/nation/2018/08/24/1845452/man-seen-hitting-traffic-enforcers-viral-video-nabbed-guns-explosives

    MANILA, Philippines (Updated 10:51 a.m.) — Police on Friday reportedly found unlicensed firearms and explosives at a house of a man caught on CCTV earlier this month hitting barangay traffic enforcers for flagging his luxury car down in Makati.

    According to the news article, businessman Arnold Padilla was arrested after a raid conducted by authorities by virtue of a search warrant issued by the Makati RTC. Two grenades, a shotgun and a cal. 45 pistol were found in his residence. He is now currently detained in Camp Bagong Diwa. The raid was conducted after Padilla attacked barangay traffic enforcers who flagged his car along Makati. Padilla also filed counter charges of physical injuries, unjust vexation, coercion and threats against the authorities involved in the incident.

    Applying this case to our class lecture, since the incident happened in barangay Magallanes, Makatic City, all the charges against Arnold Padilla and the counter chargers he filed against the authorities should be tried at the Makati RTC. It was also mentioned in the article that the search warrant for the raid was issued by the said RTC.

    WHO HAS JURISDICTION?

    The Regional Trial Court (RTC) of Makati has the Jurisdiction

  4. SECOND WEEK BONUS POST

    LINK
    https://www.philstar.com/nation/2018/08/16/1842921/mmda-files-raps-vs-arrogant-fiscal

    (The Philippine Star) – August 16, 2018 – 12:00am
    MANILA, Philippines — The Metropolitan Manila Development Authority (MMDA) has filed a complaint against an “arrogant” Department of Justice (DOJ) prosecutor for allegedly attempting to avoid being fined for illegal parking on Tuesday, an official said yesterday.

    The article presented a case regarding the violation of the MMDA’s Illegal parking regulation. The violator, (who was also a fiscal) refused to surrender her driver’s license and pay the P200 fine. She also allegedly hit one traffic enforcer with her vehicle. The confrontation between the MMDA and the fiscal immediately turned into a heated argument. All of the events were caught on camera and uploaded on social media. The incident became an instant viral post. Bong Nebrija, MMDA supervising operations officer, said they have already filed a case against the violator to revoke her driver’s license before the Land Transportation Office (LTO). Since the violator is also a member of the judiciary, the MMDA is also planning to file an administrative case against her before the Department of Justice (DOJ).

    From our class discussion, I have learned that quasi-judicial courts have authorities to hear cases much more like the duties of the court , that are under their special jurisdiction. In this article, since it is a traffic violation, clearly, it is the LTO, a public administrative office who must decide and impose legal penalties. The same reason explains the MMDA’s action of filing an administrative case against the fiscal before the DPJ, since she is a member of the judiciary.

    WHO HAS JURISDICTION?
    For the traffic violation, the LTO has the jurisdiction.
    For the administrative case to be filed against the fiscal, the DOJ has the jurisdiction.

  5. SECOND WEEK REGULAR POST
    LINK: http://newsinfo.inquirer.net/1025265/drug-cases-supreme-court-sc-data-disposed-judiciary-annual-report-news

    “Earlier, Supreme Court Associate Justice Diosdado Peralta said lower courts are failing in drug cases despite measures taken by the high court to declog lower court dockets.Peralta said validation reports from the Office of the Court Administrator and the Management Information System Office (MISO) showed that lower courts have considerably reduced clogged dockets on criminal cases except in drug cases.”

    Due to the high volume of drug cases appearing left and right, MTCs in the Philippines are having a hard time in processing these cases. RTC and higher courts also accepted drug cases to have a better output. There has been a ‘clog’ since all of the drug cases needs to have a hearing and each hearing can last from a month to a few years depending on the evidence. According to the news article, there is a total of 289,295 input of drug cases and only 34,673 cases were accomplished which is only 12% disposition rate. That is a major issue as the drug cases do not stop there, more and more cases are added everyday. Not only that, based on Article XI, Section 90 of the Comprehensive Dangerous Drugs Act of 2002, cases must be resolved not later than 60 days or 2 months from the date which the case was filed. The decision on the case is said to be done within 15 days of submission. So if the drug case isn’t processed on time, the complaint will expire. If this is not addressed immediately, either guilty drug users walk free from jail or innocent civilians are convicted without proper investigation.

    Last meeting, we have discussed about jurisdiction in which what kind of cases fall under a certain type of court. Most of these drug cases fall under MTCs and RTCs as it is their jurisdiction. With the higher courts such as the supreme court intervening with the drugs cases in order to help out the lower courts even though those cases do not fall under their jurisdiction.

  6. SECOND WEEK BONUS
    Link: http://www.gmanetwork.com/news/news/metro/648016/mtrcb-check-movies-being-shown-in-provincial-buses/story/

    “Personnel from the Movie and Television Review and Classification Board (MTRCB) on Tuesday visited bus terminals in Metro Manila and reminded drivers not to show inappropriate movies during trips.”

    Few months ago, MTRCB conducted inspections to bus terminals not for bus operation issues but rather with regards to the films that are being shown while on the road. Movie and Television Review and Classification Board has jurisdiction with issues relating to films and anything shown in television. This inspection is conducted due to the anti-film piracy law which most of the bus terminals and television inside busses only have copies of pirated movies. Not only that, MTRCB also wanted to increase public awareness and to make sure that inappropriate video contents were not shown to children because they are held responsible for the censorship of video contents which they rate to what age is required for a video material or film to be watched.

    MTRCB is one of the many Quasi-Judicial agencies present in the Philippines. From the term itself, ‘Quasi’ which is ‘alike’, they practice judicial powers but only within the context of their agency. Like judiciaries, they also have their own decisive power. And that is the power to control what the people will watch or not watch. If they think that your film or the incoming film are inappropriate to watch, they can give it an r-18 rating which only 18 and above can only watch it or they could completely ban it from being shown to the whole country. But of course, like other judiciary, they will also hold a meeting to check whether their choice is right or not.

  7. Second week
    Jodesz Gavilan aug 16 2018
    https://www.rappler.com/newsbreak/rich-media/209699-proposed-4-high-courts-weakens-philippine-judiciaryMANILA, Philippines – If the proposal to create 4 high courts is followed, it will result in a weaker check and balance system, retired Supreme Court (SC) associate justice Vicente Mendoza warned
    Retired SC justice Vicente Mendoza warns against the division of plans to divide the supreme court. He states that through this there would be a loss in the united powers of a supreme court. Mendoza goes on to describe the presence of the supreme court a the soul of the judiciary system of the our country, breaking them apart defeats the structure of judiciary system. He goes on saying that it makes it makes it weaker having divided powers rather than one.
    The Judiciary system dictates which courts are fit to handle area/case specific situations. On the too of this would be the president’s supreme court which would be the ultimate resort To cases that extend beyond lower courts. To have the supreme court divided would probably problematic for multiple reasons. One is that it could create conflict between the courts, instead of coming together to create decisions that relied on them as a whole. In the article it was said that the supreme court would be divided into 4 different fields; in my opinion this would seem like a command and conquer technique, however there is the possibility of a case that may lie on the borderline between two courts leading to longer due process, and even conflict within courts.

  8. Second week

    Jodesz Gavilan aug 16 2018

    https://www.rappler.com/newsbreak/rich-media/209699-proposed-4-high-courts-weakens-philippine-judiciary

    MANILA, Philippines – If the proposal to create 4 high courts is followed, it will result in a weaker check and balance system, retired Supreme Court (SC) associate justice Vicente Mendoza warned

    Retired SC justice Vicente Mendoza warns against the division of plans to divide the supreme court. He states that through this there would be a loss in the united powers of a supreme court. Mendoza goes on to describe the presence of the supreme court a the soul of the judiciary system of the our country, breaking them apart defeats the structure of judiciary system. He goes on saying that it makes it makes it weaker having divided powers rather than one.

    The Judiciary system dictates which courts are fit to handle area/case specific situations. On the too of this would be the president’s supreme court which would be the ultimate resort To cases that extend beyond lower courts. To have the supreme court divided would probably problematic for multiple reasons. One is that it could create conflict between the courts, instead of coming together to create decisions that relied on them as a whole. In the article it was said that the supreme court would be divided into 4 different fields; in my opinion this would seem like a command and conquer technique, however there is the possibility of a case that may lie on the borderline between two courts leading to longer due process, and even conflict within courts.

  9. Second week bonus

    FROILAN GALLARDO – August 25 2018

    http://www.mindanews.com/top-stories/2018/08/ntc-cuts-off-phone-signal-in-cdo-for-fiesta-securitya/

    CAGAYAN DE ORO CITY (MindaNews / 25 August) — The entire city is without mobile phone signal for four to six hours a day from Saturday to Tuesday, after the National Telecommunications Commission ordered the telecommunications providers to suspend their services to ensure the security of the St. Augustine fiesta celebration.

    The NTC or the National Telecommunications Commission, has ordered Smart and Globe to shut down all cellphone service within the Cagayan De Oro Area from August 26 – 27. Until the festivities are over, the NTC has made this order as a security measure for the festival.

    Quasi-Judicial powers refer to exclusive departments that act like any system of government, they have their own meeting sessions to discuss what is permitted and not for citizens who use these public services. For this instance the NTC dictates the use of any telecommunication for the country. In my opinion, jamming cell signal is more of a danger than a security measure, as there is a possible delay of action in cases of emergencies. Phones today do more than entertain us, but are also there to aid us in situations. It is a bit way over to have to jam cell service for the citizens during the festival for secirty purposes.

  10. Second Week Bonus

    Link: http://news.abs-cbn.com/news/08/15/18/ntc-kbp-boost-crackdown-on-illegal-broadcast-stations-ahead-of-2019-polls

    “MANILA- The National Telecommunications Commission (NTC) has partnered anew with the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) to boost its crackdown against illegal broadcast stations ahead of the 2019 midterm elections.”

    NTC is a quasi-judicial agency regulating the airwaves. It exercises its quasi-judicial functions against illegal fly-by-night broadcast stations that trick political candidates into buying airtime for their campaign advertisements. These unlawful operations also interfere with the broadcast of actual licensed stations.

    NTC issues a cease-and-desist and show cause orders against the unlicensed stations. Usually, the operators are compelled to shut down or disappear.

  11. Second Week Regular Post

    Link: http://www.pna.gov.ph/articles/1043795

    “The Pasig City Metropolitan Trial Court (MTC) ordered the arrest of George Sycip, son of the late tycoon Washington Sycip, and four other officials of a tuna processing company for violation of the Corporation Code of the Philippines.”

    Sycip and the other officials continually prohibited some shareholders to view the corporation’s official records. This is in violation to Section 75 of the Corporation Code, which states, “the records of all business transactions of the corporation and the minutes of any meetings shall be open to inspection by any director, trustee, stockholder or member of the corporation.”

    Disallowing some officials to view the records will hold Sycip and the four liable for damages. According Section 144 of the Corporation Code of the Philippines, “violators of the code shall be punished by a fine of not less than PHP1,000 but not more than PHP10,000 or imprisonment of not less than 30 days but not more than five years.”

    The MTC has jurisdiction over crimes with jail time of one day to six months.

  12. SECOND WEEK REGULAR POST

    Link: http://newsinfo.inquirer.net/1025364/anti-narcotics-agents-nab-seven-persons-in-tagum-city-drug-den-raid

    Anti-narcotics agents nab seven persons in Tagum City drug den raid

    Tagum City — Operatives of the Philippine Drug Enforcement Agency (PDEA)-Region 11 arrested seven alleged drug personalities during a drug buy-bust that dismantled a drug den in Teachers’ Village, Magugpo South, Tagum City, Davao del Norte.

    By: Mart Sambalud – @inquirerdotnet
    Inquirer Mindanao / 05:21 PM August 27, 201

    PDEA agents recovered five sachets of suspected shabu amounting to ₱150,000. The suspects were identified in the news story. Two other individuals, both identified in the news story, were arrested in Purok 6, Barangay San Miguel and Purok 1-A San Miguel. A sachet of shabu worth ₱24,000 was recovered from them. They will be charged for violating Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

    As we’ve discussed in class about courts and their jurisdictions, we’re able to identify which courts have jurisdiction over which types of cases. In cases such as the one above where the penalty is more than 6 months, the RTC has jurisdiction and the charges filed against the suspects will be directed to the RTC.

  13. SECOND WEEK BONUS POST

    Link: https://news.mb.com.ph/2018/08/21/fda-warns-public-vs-5-unregistered-food-products/
    FDA warns public vs 5 unregistered food products

    The Food and Drug Administration (FDA) is warning the public against consuming five unregistered food products that are present in the market.

    By Analou De Vera
    Published August 21, 2018, 8:55 PM

    The FDA, through post-marketing surveillance activities, identified and verified that the five products – To-ne’ 15% Orange Juice with Nata de Coco, To-ne’ 15% Strawberry Juice with Nata de Coco, To-ne Orange Juice 15%, Kanro Pure Gummy Grape, and Harvest Box Roasted Pistachios Lightly Salted – have not gone through the agency’s proper registration process and have not been issued proper authorization. FDA further warns the public that consumption of these products may pose health hazards to the consumers. In the article, the agency reminded establishment that selling of these unregistered products may lead to imposition of sanctions in accordance to Republic Act No. 9711 or the FDA Act of 2009.

    We’ve discussed in class about quasi-judicial agencies and the extent of their judicial powers over certain cases involving their respective agencies. If a case is filed, the FDA has jurisdiction as it is stated under the specific functions of their legal division that they can “conduct administrative proceedings and quasi-judicial hearings on cases related to food and drug laws and regulations.”

  14. SECOND WEEK REGULAR POST

    http://news.abs-cbn.com/news/08/26/18/177000-nabbed-for-violating-city-ordinances-in-2-months-police

    “MANILA — Over 177,000 were arrested for violating various city ordinances in the past 2 months in Metro Manila, police said Sunday.”

    According to the article, 63,093 of those were arrested for violating the smoking ban which is covered by the Tobacco Regulation Act. This act imposes absolute smoking ban to public places. According to the act, the penalties for smoking in places where smoking is absolutely prohibited are as followed:
    1st offense: Php 500 – Php 1,000;
    2nd offense: Php 1,000 – Php 5,000;
    3rd offense: Php 5,000 – Php 10,000 and cancellation/revocation of franchise or business permit.

    Although MMDA assists in this promotion, 17 local government units in Metropolitan Manila are implementing their respective ordinances in their own localities.

    As what we have discussed since the smoking ban is also implemented by MMDA wherein the penalties are as follows:

    First Offense – fine of P 2,000.00
    Second Offense – fine of P 3,000.00 and suspension of CPC for 60 days and confiscation of “For Hire” plate
    Third Offense – fine of P 5,000.00 and cancellation of CPC

    Therefore the jurisdiction is of the MTC’s.

  15. SECOND WEEK REGULAR POST

    https://www.rappler.com/nation/209447-nueva-ecija-court-clears-left-leaders-murder-charges

    “MANILA, Philippines (UPDATED) – The Palayan City, Nueva Ecija Regional Trial Court (RTC) has dismissed the murder charges and quashed the warrants of arrest against leftist leaders Satur Ocampo, Teddy Casiño, Rafael Mariano and anti-poverty secretary Liza Maza.”

    Since the event of the harassment charges accusations, i.e. plotting of the killings of Akbayan member-supporters by the Makabayan bloc, happened in Nueva Ecija, the regional trial court of the area has the jurisdiction over the case. Also, the case is an appeal for reconsideration only. The RTC quashed the warrant of arrest due to lack of evidence.

  16. SECOND WEEK BONUS POST

    http://technology.inquirer.net/73335/ntc-orders-globe-mobile-content-provider-explain-nakaw-load

    “The National Telecommunications Commission (NTC) has ordered Globe Telecom and mobile content provider Got Deals Mobile Inc. to answer the complaint filed by a netizen on alleged theft of prepaid load.”

    According to the article, the summoned the company to the commission. The person who filed the case addressed it to the NTC. As a quasi-judicial agency, the NTC has the jurisdiction to act upon the case.

  17. SECOND WEEK BONUS

    https://www.google.com.ph/amp/www.gmanetwork.com/news/news/nation/661439/cellphone-signals-in-qc-to-be-temporarily-suspended-for-sona/story%3famp

    “Mobile services will be temporarily suspended in select areas in Quezon City on Monday, in line with the security protocol for the third State of the Nation Address (SONA) of President Rodrigo Duterte.”

    According to the news, this directive from the National Telecommunications Commissions or N-T-C came from the request of the Presidential Security Group. And upon seeing this directive Globe Telecom Inc. and Smart Communications Inc. both complied and had suspended their services.

    From this particular scenario we can see that NTC have jurisdiction on telecommunications company such as Globe Telecom Inc., Smart Communications Inc., ABS-CBN Convergence and Digitel Philippines that upon their order, the companies complied. However as a quasi-judicial agency (mostly public-administrative agency), their jurisdiction is limited only but they still have a body that decides on matters such as if there is indeed a need for a shut down or not.

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