Tag: zoo

Rules of Court

lawyers

 

Photo taken by Marco Paolo Z. Lambino

From Danielle:

Atty. Marichu,

     Jun Lozada says that he told Atty. Bautista that he had some reservations about the accuracy of the affadavit he prepared for him to sign. But the lawyer said for him to sign it anyway so that the Palace would be happy (or words to that effect). Can the courts censure him for this. Thank you  – Danielle         

  Dear Danielle,      

      Usually, lawyers try not to comment on other lawyer’s behaviour or practice of the profession unless they’re public officials or unless they’re opposing counsel and it has something to do with the case.  Maybe a general statement would do: the captors of Rodolfo “Jun” Lozada that day and all those who helped the captors hold the witness or make him do certain acts under duress can,  upon probable cause, be charged  as principals and accomplices with either kidnapping or arbitrary detention, grave coercion, obstruction of justice (in connection with the Senate warrant of arrest); and for making him sign untruthful affidavits: grave coercion, maybe falsification, maybe subornation of perjury (if notarized); in addition, hypothetically any lawyer who engages in what may be considered criminal behaviour may, in addition to criminal charges,  be the subject of discipline  by the Supreme Court  with notice and hearing,  for violation of the following: Canon  1 of the Code of Professional Responsibility: “Canon 1. A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal processes. Rule 1.01: A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.” Etc. If the person is not a lawyer but pretending to be a lawyer, it’s indirect contempt. And on top of all those criminal charges that could be filed against the captors and accomplices; in the future if any plunder case is filed arising from the payoffs and commissions in the ZTE deal, all those who engaged in cover-up operations can, on probable cause, be charged too as accessories in the plunder case.  Thanks for writing! -marichu

Rules of Court, The News Media

my students’ ordeal last week

resizedsealion.jpg              resizedsealion2.jpg

Law on Mass Media and Communication. First test, rights-and-privileges part of the syllabus. Answer the following questions fully. You are not allowed to leave the room until you’re done. You are not allowed to consult any materials, to talk to each other, or to use any electronic device. 50 pts with 10 pts bonus. 29 Jan. 2008, afternoon class. Marichu C. Lambino. 

 

     1.During the Nov. 29 Manila Pen assembly of the Magdalo soldiers, General Lim in a prepared statement quoted the Constitution: “The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them…” And he proceeded to justify the hotel takeover. Questions: What is the Constitution? What theory is the quoted provision based on? Define and explain. In your study of history, does the theory justify the 1986 EDSA uprising? What about the 2001 EDSA uprising? What about the Nov. 29 Manila Pen takeover? Why or why not? (10 pts) 

 

     2.Make a diagrammatic presentation of the structure of the judiciary. (10 pts)

 

      3.Upon complaint of many faculty members, the U.P. administration blocked the sites “Friendster” and “Multiply” in the school computer units inside U.P. academic and administrative buildings because the massive use by students of the sites was clogging up the server and delaying internet downloading in the entire University, thus delaying and  hampering research for days on. Student Britney Sibat filed a complaint or petition in the Supreme Court stating that the act of the U.P. admin was a “violation of the human rights” of students to: “a free marketplace of ideas.” Questions: In what case and in whose opinion was the “free marketplace of ideas” used? What was that case all about? Does the principle apply to Britney’s complaint? Why or why not? In your opinion, will Britney’s case prosper? Explain fully. (10 pts.) 

 

     4.At the height of the Senate investigation of the ZTE broadband deal, then Comelec chair Ben Abalos resigned. In a press conference where he announced his resignation, he was near tears and his family members were crying. Friends say he had been hurt by all the allegations of corruption against him. Can Ben Abalos find comfort in what Justice Malcolm said in U.S. vs. Bustos? What is that case all about and what did Justice Malcolm say? (5 pts.) 

 

     5.A number of organizations, including the NUJP, the CMFR, PCIJ, and individual reporters, filed a series of suits this week against the officials of the PNP, CIDG, and DILG, for incidents arising from the Nov. 29 Manila Pen incident. The parties said the respondents violated the right of the people to access. Questions: State  the right fully. What is this right all about? Explain. In the leading case on the matter taken up in class, what conditions need to obtain before the right can be invoked? Were the reliefs granted in said case? Why or why not? In the problem stated, do you agree with the particular contention of the organizations and journalists? Why or why not? (10 pts.)

 

      6.Two weeks ago, the DOJ kept repeating in interviews that Magdalo soldier Nicanor Faeldon managed to slip out at the height of the Manila Pen standoff because a female reporter gave him a press card. An Inquirer reporter, using unnamed sources in the PNP, disclosed the name of said female reporter. A petition for the writ of habeas data was filed against the Inquirer and its reporter by Atty. Ambo to ask them to reveal where they got the name and who gave it to them. In your opinion, will the case/ petition prosper? What can the Inquirer invoke? Explain fully and discuss the cases taken up in class. (10 pts.) 

 

     7.Why are intellectual property rights referred to as economic rights? What is the “fair-use doctrine”? Under the present Intellectual Property Code, are you allowed to photocopy an entire book for use in your class assignments? Why or why not? (5 pts.)                       

 

                                         -30-