tag:blogger.com,1999:blog-4855856123871700301.post227228419401114269..comments2023-06-10T20:22:01.348+08:00Comments on The Society of Honor by Joe America: On Probation: Chief Justice Maria Lourdes A. Sereno The Society of Honorhttp://www.blogger.com/profile/02536906267332687130noreply@blogger.comBlogger23125tag:blogger.com,1999:blog-4855856123871700301.post-16880453160096486032012-08-30T10:56:03.493+08:002012-08-30T10:56:03.493+08:00Wow, that will be fun to deal with. Yes, she has s...Wow, that will be fun to deal with. Yes, she has some tests ahead . . .The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-51949187018763094242012-08-30T10:27:06.724+08:002012-08-30T10:27:06.724+08:00There is another pending item that might shed ligh...There is another pending item that might shed light on Sereno's executive skills. This is the matter of Corona's retirement entitlements, if any. He was impeached and probably should not get anything, plus he has his dollar stash to live on in relative comfort. Edgar Loreshttps://www.blogger.com/profile/13363554010485644899noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-85742892890177356442012-08-30T08:24:06.951+08:002012-08-30T08:24:06.951+08:00Good points Doc. One of the big issues is how to m...Good points Doc. One of the big issues is how to move forward and upward when just about everybody, justices and congressmen alike, have been dirtied by sloppy practices of the past. We can't get legislator SALN's, I would guess, because they are such a mess. I'd be happy with declaring a general amnesty on SALN's prior to 2011, using 2011 as the benchmark, then going forward. Somehow we have to declare the past dead and get on with the future.The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-15068963693060914732012-08-30T06:20:55.847+08:002012-08-30T06:20:55.847+08:00I wouldn't hold my breath waiting for Midas To...I wouldn't hold my breath waiting for Midas Touch to quit. Sereno SALN to be opened. Good. Please check lawyer's fees from winning the PIATCO-NAIA3 arbitration case. Could be hefty. Also 2 entanglements with business enterprises and no clear cut divestment. That's according to SEC records from Ms. Vitug's account in Rappler. Clearly, the new CJ is going to be seen in a new light, harsh but necessary, coming from that impeachment of a bullshitter of a CJ.How about barring Titong Mendoza's letters and importunings next? Or no more Justice Velasco golf tournament? Or PAL freebies? You are right Joe, SC's down but not out and the only way to go is up.<br /><br />DocB<br /><br /><br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-91790172507752205992012-08-30T06:18:00.071+08:002012-08-30T06:18:00.071+08:00Interesting, Johnny. Nice place to focus our atten...Interesting, Johnny. Nice place to focus our attention, and glad you got through! I have the feeling MM is polishing up his resume. It would be bad form, I think, for the Chief Justice to keep him on, and I'd be shocked if the associate justices did not to the CJ bidding. That would be like not letting a general choose his own Chief of Staff. Bad form, too.The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-37402562515728128662012-08-30T05:25:44.800+08:002012-08-30T05:25:44.800+08:00That means the biggest mouth in the country is in ...That means the biggest mouth in the country is in hot water.<br /><br />Its JackAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-22527769406194835052012-08-29T21:25:39.180+08:002012-08-29T21:25:39.180+08:00Addendum:
Remember, Sereno castigated Marquez to ...Addendum:<br /><br />Remember, Sereno castigated Marquez to limit his press release to court decision and Midas responded by elaborating that Sereno's opinion was minority decision and spoke for itself(ouch)!<br /><br />Their next encounter is worth watching. Sereno is now immediate boss of Midas!<br /><br />Johnny LinAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-81421100995265488002012-08-29T21:22:29.853+08:002012-08-29T21:22:29.853+08:00The next move CJ Sereno has to do to start her cou...The next move CJ Sereno has to do to start her court revitalization is to appoint a new court administrator who oversees all lower courts.<br /><br />Midas Marquez has to resign voluntarily to give CJ a free hand or SC en banc must vote to unseat Midas. That is the rule, en banc votes on the court administrator.<br /><br />Without Midas voluntary withdrawal or en banc vote vacating the position, conclusively the first hindrance to judiciary reform are SC associate justices themselves. <br /><br />Let us see how reforms thru cooperation could be achieved by each justices.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-87332550757451824512012-08-29T20:42:27.790+08:002012-08-29T20:42:27.790+08:00Thanks, Joy. It is true that Sereno is in favor o...Thanks, Joy. It is true that Sereno is in favor of using 2006 valuation rather than 1989 valuation. Her dissent reads in part that compensation "should be reckoned from the fair market value under the law, rules and jurisprudence, specifically as of the date of the issuance of the Notice of Coverage on 02 January 2006." She told the JBC "Hindi namin napagusapan kung magkano talaga." And I believe, as I wrote, that she would leave the actual price to the DAR.<br /><br />Just from a fairness point of view, without consideration of the sums involved, she is asking what valuation should be used in terms of time? The more or less current price within the decade or a price that is more than 20 years old?<br /><br />True, the outcome of her dissent, if it were the majority opinion, would no doubt result in a higher price. It is also possible - though not probable - that it could also result in a lower price if the value of the land decreased. Improbable, but not impossible, yes? But hers is a minority opinion. The owners of the hacienda have filed, or will file, for a motion of reconsideration. In that case, she must recuse herself and leave it to her colleagues to settle the matter.<br />Edgar Loreshttps://www.blogger.com/profile/13363554010485644899noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-62522704613578758352012-08-29T19:43:35.442+08:002012-08-29T19:43:35.442+08:00Note to file:
CJ Sereno said in a speech today th...Note to file:<br /><br />CJ Sereno said in a speech today that the courts need to stop using paper and go automated. That is a good thing, but her justification was weird. She wants to do this, not to improve efficiency of the courts, but to use fewer trees. To be sensitive to the environmental impact of paper. The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-64597879984389990082012-08-29T18:33:37.686+08:002012-08-29T18:33:37.686+08:00hi edgar, sereno voted to distribute hda. luisita ...hi edgar, sereno voted to distribute hda. luisita in favor of the farmers. she favored higher land valuation. what are the leftists griping about -- they held a protest action at the supreme court on her first work day as cj? thanks for enlightening. joynoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-43999476458637975012012-08-29T18:06:06.735+08:002012-08-29T18:06:06.735+08:00The more I read, the more I like her. Keen mind ma...The more I read, the more I like her. Keen mind making decisions based on law not politics. I don't know about PIATCO fees. It doesn't cause me to second guess unless there is a pattern of hiding income. Thanks for the info, Edgar.The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-14064010819610434932012-08-29T17:16:54.476+08:002012-08-29T17:16:54.476+08:00Just for the record.
Sereno’s dissenting decision...Just for the record.<br /><br />Sereno’s dissenting decisions are the stuff of legends:<br /><br />1. Arroyo Departure TRO. In a 7-6 decision, Sereno disallowed Gloria Arroyo to “escape” the country for prosecution on plunder and election sabotage charges.<br /><br />2. Corona Dollars TRO. In an 8-5 decision, Sereno wrote that a TRO would result in “an iniquitous situation, where the supreme interest of the public to maintain accountability among public officers is relegated to the sidelines in favour of a statutory privilege that arose purely out of economic considerations."<br /><br />3. FASAP Case Reopening. Sereno wrote a 52 page dissenting opinion, supported by Perlas-Bernabe. She said the majority’s view “opened a Pandora box full of future troubles for Philippine judicial decision-making”.<br /><br />4. Del Castillo Plagiarism Case. Only Sereno and Carpio-Morales dissented in a 10-2 decision...She said the court will be remembered for justifying plagiarism on the flimsy rationale of “no malicious intent” to pass off someone else’s work as his own. <br /><br />Two controversies have dogged her:<br /><br />1. Hacienda Luisita. Sereno voted with the majority to distribute the sugar plantation to its farmers/workers. In a separate ruling, the court set the valuation of the land at 1989 prices. Sereno dissented. It is argued she favours a higher valuation of the expropriated land based on 2006 prices. She disagrees with the interpretation; she says it’s the Department of Agrarian Reform (DAR), and not the court, that should decide the issue of just compensation.<br /><br />2. PIATCO Fees. She is accused of not declaring income from this case in her SALN. To date, she has released all her SALNs.<br />Edgar Loreshttps://www.blogger.com/profile/13363554010485644899noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-13412382949576361812012-08-29T12:01:10.127+08:002012-08-29T12:01:10.127+08:00Ha. and Ha.Ha. and Ha.The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-45429711230391246002012-08-29T10:51:21.763+08:002012-08-29T10:51:21.763+08:00Yesterday, while waiting for the jeepney ride, a t...Yesterday, while waiting for the jeepney ride, a tabloid newstory caught my attention: Pnoy who doesn't like "wang-wang" (read:hornblowing VIP treatment in traffic) appoints Sereno (literally means siren or horn) as new CJ. Months ago, after a rash of accidents involving the bus, a joker said, This was so because Pnoy said in his inaugural speech, "Kayo ang bus ko" (a play on "kayo ang boss ko" or you are my boss). Clearly, it's more pun in the Philippines.<br /><br />DocBAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-40376652633659088522012-08-29T10:28:12.218+08:002012-08-29T10:28:12.218+08:00Observation From: Island jim-e
If the court system...Observation From: Island jim-e<br />If the court system does not have a business plan,<br />table of organization, Job, department, individual<br />court detail description of functions then I <br />would vote for having a professionally recognized<br />outside consultant to prepare one--the judicial<br />chief administrator could do the implementation<br />and review (with a provision for reward/bonus<br />and one for punishment/seperation from employment<br />for the betterment of the Nation.<br /><br />Compliance would be the job of the employees and<br />they need to be constantly reminded of what it <br />takes to do the job (protect and serve) in a<br />professional, expeditious, moral, ethical manner!<br />If it takes a daily reminder of duties until<br />everyone is conditioned to excellent proformance<br />then so be it! <br />Chirp!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-44311182288084446802012-08-29T10:03:35.807+08:002012-08-29T10:03:35.807+08:00I wish I could get your remarks in front of every ...I wish I could get your remarks in front of every mayor, and every judge. Funding traffic enforcement by enforcing laws is an essential discipline that is absolutely missing. Think of the jobs it would provide!!<br /><br />And the courts. What a mess. How can you have a law abiding system when you can't get damages into the court. It is like parents who never discipline their kids. The kids learn to run riot. And that give us the Philippines.<br /><br />Yes. an administrative manager, an executive, should be tops on the hire list of the Chief Justice.The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-88335329500060955212012-08-29T09:37:50.008+08:002012-08-29T09:37:50.008+08:00From: Island Jim-e (aka: The Cricket)
1. Quest...From: Island Jim-e (aka: The Cricket)<br /><br />1. Question: Is there such a group as a "Judicial<br />Think Tank" for the Philippines? If not, why not?<br />If there is I would hope they have a long "laundry-<br />list" of tasks to accomplish to overhaul the legal<br />system from the ground up to include a jury system.<br />If not, there should...maybe comprised of a few<br />university professors, a few off island legal type<br />expats, a "stone killer" and a few business law<br />type professionals.<br /><br />2. I have heard that there are very, very many open<br />Judgeships available to be filled and the courts <br />thereof staffed correctly (with soooo many unemployed<br />or under-employeed attorneys that should not be a <br />problem to address with success). The backed up court<br />dockets need to be cleared up as quickly as possible<br />(I would like to file a few cases myself against a <br />few of the cheats I have had the displeasure to do<br />business with and my attorney said don't waste the<br />time, energy and money on to date).<br /><br /><br />3. Traffic courts daily please--I have been given to<br />understand that the police would start enforcement of<br />the traffic laws, rules, regulations if the judges<br />were available to hear the cases--the money generated<br />in parking tickets and fines would be a good resource<br />for the courts improvement fund, the police would once<br />again be able to hold their heads high and improve the<br />"respect" and "face"/pride of the corp. <br /><br />Sidebar:<br />it would be a good idea to put a few parking meters<br />around the town, provide for sufficent parking access<br />at the courts and enforce these with judicial "meter-<br />maids" to support the court and judicial processing<br />departments-offices, etc..<br /><br />4. As soon as a jury-system can be put in place, <br />complete with a grand jury then I know that the <br />islands government and criminal system would improve<br />and true justice will be the end result.<br /><br />5. Question: What is the "table of organization"<br />for the administrative and clerical support system<br />for the courts? If there is a administrative <br />"captain" of some sort is a policy and proceedure<br />for the court system prepared, and if prepared, <br />who does the quarterly review, and where to find the<br />job descriptions of each office, etc....!<br /><br />I hope that our new SUPER-JUDGE has the ability to<br />find, employee, supervise a "special oversight"<br />in-house committe to keep track of the courts <br />business, make semi-annual reviews, be a sounding<br />board for in-house and public formal complaints<br />(to improve operations, etc...) and has the<br />common sense to identify/find/employe a great<br />administative-manager-leader "ruler" so that she<br />can have some time to sleep!<br /><br />Chirp!<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-37795439543545715372012-08-29T08:56:55.211+08:002012-08-29T08:56:55.211+08:00Johnny,
Those are good cookies for CJ Sereno.
No...Johnny,<br /><br />Those are good cookies for CJ Sereno.<br /><br />No wonder Midas Marquez doesnt ruin my days anymore.<br /><br />Its JackAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-70714329683782258332012-08-29T08:30:44.043+08:002012-08-29T08:30:44.043+08:00Not according to Anthony Taberna :D Seriously that...Not according to Anthony Taberna :D Seriously that dude is so over his head, his anti PNoy persona is slowly leaking outDaveofBacolodnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-9529314286304431212012-08-29T07:55:35.206+08:002012-08-29T07:55:35.206+08:00Yes, thanks for the additional background and upda...Yes, thanks for the additional background and update on some of her early moves, which are excellent (going for the dignity of silence and release of financial information). I think she has the fundamental character and knowledge to be a truly superior Chief Justice, but she needs to sever cozy relations with the Executive Branch and apply a great deal of executive moxie to get the courts unplugged and working on important matters.The Society of Honorhttps://www.blogger.com/profile/02536906267332687130noreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-29173756599344064252012-08-29T07:53:55.006+08:002012-08-29T07:53:55.006+08:00Continuation of above
CJ Sereno must now order re...Continuation of above<br /><br />CJ Sereno must now order release of all SALN in judiciary without preconditions. That is setting good example to both Legislative and Executive branches<br /><br />Johnny LinAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4855856123871700301.post-88857813993259430102012-08-29T07:49:24.948+08:002012-08-29T07:49:24.948+08:00Hello again Joe
Sereno is a good choice based on ...Hello again Joe<br /><br />Sereno is a good choice based on the motives of<br />1. Independence : she was a professional lecturer, counselor representing government and International bodies interest. Her last position was Executive director of AIM, a private educational entity. In other words, she does not have a baggage of being associated with established law firms both here and abroad. She does not have history of being in cohorts with fellow justices in deciding cases. An outsider from insiders, probably.<br /><br />2. Restore trust in judiciary: she has 18 years to forge her legacy. The institutional damage needs slow approach to transformation to the old glory of judges and justices.<br /><br />Her first good move was silence the justices regarding press interviews. Policy following the justices of US supreme court. They don't give personal interviews for publicity. Other orders followed: releasing her SALN and restructuring memberships of SC divisions.<br /><br />She should continue the good works of Carpio when he acted chief justice, <br />transparency of judicial funds accountability and releasing SALN of justices annually upon request(rules on release still pending)<br /><br />Anonymousnoreply@blogger.com