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Rescuers Search For Survivors of Philippine Earthquake
Rescuers Search For Survivors of Philippine Earthquake
Rescuers in the Philippines continued to search Tuesday for dozens of people still missing following an earthquake that triggered devastating landslides and powerful aftershocks. At least 43 people were confirmed killed after the 6.7-magnitude quake struck late Monday morning in a strait just off the heavily populated central Philippine island of Negros. Dozens of people are believed to be injured or missing in mountainous areas that have been cut off from rescue workers because of heavy landslides. Some villagers used their bare hands and shovels to dig through the rubble because heavy equipment had not arrived. Officials say more than 700 aftershocks rattled the area in the 20 hours after the original quake, forcing many local residents, such as Fidela Folio, to spend Monday night outside or in their vehicles. We just wanted to be sure, like what happened earlier when people ran out of their homes in panic and there was a stampede. That is why we are staying beside the road. Authorities warn that the aftershocks could last for weeks.
Marikina representative Romero Quimbo said in an earlier press briefing that the secrecy of bank deposits law provides for a clear exception, which is impeachment, and for foreign currency-denominated deposits, [the impeachment court] used the ruling in Salvacion which specifically said that the secrecy of foreign currency deposits cannot be used as a shield to protect a crime. He said that the subpoenas were not illegal and clearly allowed in the law.
The Department of Social Welfare and Development (DSWD) has placed its quick response teams on standby while the military and the police have initiated evacuation efforts, search and rescue operations, and helped in the distribution of relief goods. The Department of Public Works and Highways (DPWH) has also conducted clearing and re-routing operations in roads and bridges that were rendered impassable. Valte said rehabilitation efforts are underway for damaged infrastructure while the Department of Energy is restoring power back to affected areas. She further said the NDRRMC, Office of Civil Defense, Philippine Coast Guard, and Philippine Institute of Volcanology and Seismology and their corresponding regional offices will continue to monitor the situation and disseminate advisories and bulletins to the public, particularly to coastal communities in Negros Oriental and Cebu that need to be watchful of sea level changes due to aftershocks. KBK, GMA News
"We are hell bent opposing his appointment; clearly the installment of Jardeleza was part of the Cojuangco-Aquino's political game plan to ensure favorable decision for himself, his relatives and his allies. Truly KAMAG-ANAK INC; spells Aquino's administration, he added. Jardeleza was appointed to replace Solicitor General Jose Anselmo Cadiz, who resigned Friday night due to personal reasons. Jardeleza, a former counsel for San Miguel Corp., was deputy ombudsman for Luzon. Mesa asked: "How come he will perform his duty as the people's lawyer when his entire career spent under the Cojuangco's employment? We have no doubt that in our minds that his loyalty of service is not for the people but for the Cojuangco-Aquino's. He said the position of solicitor general is very strategic since it represents cases in behalf of the government. You just can't give it to a person with an extremely bias to its benefactor. The intention is crystal clear; Aquino wants to reverse the government stance on Hacienda Luisita under Jardeleza's stewardship, he said. Ambala chairman Felix Nacpil Jr. added: His position as a government official will not defer him to follow his personal interest that is to heed Aquino and the Cojuangco's wishes to take Hacienda Luisita back in their arms. That is why he is not fit for the position". "We are calling all upon our allies and supporters to take a stand with the farm workers of Hacienda Luisita to reject and condemn this latest move of Aquino. We will make sure that this act of the president will be dealt with massive protest in the soonest possible time inside and outside Hacienda Luisita, he said.
Singapore now takes for normal would not exist. The Prime Minister said Dr Toh's passing should remind Singaporeans of how the country got to where it is today, how much they owed to him and his generation, and how heavy a responsibility Singaporeans have to carry their vision forward and to take the country higher and further into a brighter future. In his eulogy, MP Loh Meng See called Dr Toh a man of conviction and courage who treated the less privileged and disadvantaged with respect and dignity. Dr Toh's grandson Matthew, in an emotional speech, said he had been touched by the outpouring ofplatitudes in tribute to his "kong kong". "I didn't realise how many lives he had touched until this week," said Matthew. At the end of the service, the National Flag draped over Dr Toh's coffin was presented to his family by the Honour Guard, and a minute of silence was observed for the former PAP chairman. The National Flag will be flown at half-mast at all Government buildings today. TAN WEIZHEN, WITH ADDITIONAL REPORTING BY CHANNEL NEWSASIA UN chief calls for more ratifications for nuclear test ban treaty
New York, US (PANA) - UN Secretary-General Ban Ki-moon has urged eight key countries that have not yet ratified the Comprehensive Nuclear Test Ban Treaty (CTBT) to do so, in order to accelerate its entry into force. The UN, in a brief statement on Monday, listed the eight countries yet to ratify the treaty as China, North Korea, Egypt, India, Iran, Israel, Pakistan, and the US. According to the statement, Ban made the call when he met Indonesian Foreign Minister Marty Natalegawa in New York. "During their meeting, the Secretary-General stressed the importance of Indonesias ratification of the CTBT, given that the country is one of the so-called Annex 2 States, whose endorsement is required for the treaty to enter into force," it said.
Tupas said he has yet to declare the property in his statement of assets, liabilities and net worth (SALN) as he just acquired it in 2011. He said the property would be included in the SALN he would file this year. As a congressman, Tupas has a salary of some P25,000 a month, the report said. The report added the Tupases also own a condominium unit in Tandang Sora, Quezon City. Even without a loan, I can buy the house, he told reporters. House prosecution panel spokesman Marikina Rep. Miro Quimbo said the camp of Chief Justice Renato Corona could be behind the allegations against Tupas. Meanwhile, the House of Representatives also confirmed that Tupas remains as its lead prosecutor in the Senate impeachment trial of Corona. Majority Leader Neptali Gonzales II said the House would not replace any member of its prosecution panel in the middle of the impeachment trial. With Jess Diaz
Sotto III, Vicente Magsaysay, Tessie Aquino-Oreta, Juan Miguel Zubiri and Luis Singson, and for opposition candidate Loren Legarda. Abalos is also facing another electoral sabotage case at Pasay City RTC branch 112. In Mandaluyong City, Mayor Benhur Abalos reiterated his appeal for house arrest for his father, saying that the latter was old and had hypertension. A brief tribute video to Abalos, a former mayor of the city, shown Monday during Benhurs state of the city address, made city hall employees and residents cry. Employees, residents and members of Abalos family near the stage of the Mandaluyong gymnasium were seen wiping tears while the video clip was being played. With reports from Nia Calleja and Tetch Torres, INQUIRER.net
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the subpoena would violate the courts own ruling that evidence on ill-gotten wealth shall not be allowed to be presented; the courts issuance of subpoena, even for dollar accounts, was in violation of Republic Act 6426, which disallows the opening of a foreign currency deposit, unless with a written permission from the depositor; the cases that the prosecution cited to support its request for the issuance of subpoena are all off-tangent, referring to the 1997 case of Salvacion, 2000 case of China Bank Corp., and 2006 case of Ejercito.
The Senate, sitting as the impeachment court, on Monday granted the prosecutions request to summon documents and officials from banks where Corona supposedly had accounts. The court ruled that these evidence and testimonies still fall under Article II of the impeachment complaint, which accuses Corona of errors in his Statements of Assets, Liabilities and Net Worth (SALN). Senator Panfilo Lacson, however, questioned Santiagos capacity to question the Senate ruling on the subpoena requests, since she was absent when her colleagues deliberated on the requests on Monday afternoon.
Senate President Juan Ponce-Enrile, the presiding officer, said that each senator-judge in the Corona trial has the right to question the courts rulings. I think proper thing to do is to hear the views of a judge who is absent during the caucus, Enrile said. He said he will hear Santiagos side first in a caucus on Wednesday noon and will issue a decision before the trial resumes later in the afternoon. with Mark D. Merueas/KBK, GMA News
Stradcom believes that it would not only be difficult for any other corporation to beat its proposal but that it would be wise for the government to renew the contract as it would be more advantageous to the government since it would allow the government to continue providing the services at zero expense, Stradcom said in a statement. Stradcoms proposal comes amid the Department of Transportation and Communications (DoTC) recent discussions with top tech firms about different technologies that can be used to replace the computer systems Stradcom already has in place. Stradcoms contract with the LTO expires in February 2013. Under its proposal, Stradcom said it would rehabilitate its existing facilities at LTO sites across the country, including the central office for P1 billion. The company said it would also upgrade the LTOs existing IT infrastructure, system and facilities, also estimated at P1 billion. Stradcom would also conduct human resource development or training programs for LTOs 3,000 employees, apart from the development and roll-out of public service programs, such as online license renewal for overseas Filipino workers. Stradcom, aside from paying taxes to the national government, will also grant an annual revenue share of P200 million, or a total of P2 billion, over the said 10-year renewal concession period. The IT provider said it would also address the perennial issue of drivers license card production by providing the drivers license cards at half their present cost. The national government would save about P300 million in one year alone, or a total of P3 billion over a 10-year period. Stradcom president Cezar Quiambao in a letter said the company was likewise open to other counter-proposals of the government. However, he said, if the DoTC has already adopted a policy decision to bid out a new LTO IT Project under existing build-own-operate (BOO) procurement laws, Stradcom would seek the transitory renewal agreement or contract that would help manage the impact to about 800 private personnel directly and indirectly employed under and by virtue of the LTO IT Project. He has requested a meeting with the DoTC within 30 days to discuss whether or not to renew the existing BOO agreement. Maguindanaons build peace through Sagayan tradition MAGUINDANAO, Philippines Residents of Maguindanao launched in Buluan town Monday the first ever Sagayan Festival to highlight the rich cultural and geographic potentials of the province, adversely overshadowed by conflicts and calamities in recent years. Maguindanao Gov. Esmael Toto Mangudadatu said the week-long festivities are to show that the cultures and traditions of ethnic Maguindanaons are meant to propagate harmony, foster inter-community cooperation, and inculcate subservience to Allah among the natives.
The term Maguindanaons, which refers to the Moro community in the province, literally means people of the flooded plains, or those that dwell in the marshlands in the ilod (downstream) and Raya (upper delta) of what are now the first and second districts of Maguindanao, respectively. Reeling off from pain A blue-blooded Moro politician, Mangudadatu, who started only as a mayor in Buluan town and, after having served for three consecutive terms lasting from 1998 to 2007, as vice mayor of the same town, was elected provincial governor in 2010. He got to the helm of the provincial leadership, but painfully lost in the process his wife (Jenalyn), more than a dozen other relatives, and two of his lawyers, who were slaughtered in Ampatuan town on November 23, 2009 while on their way to file on his behalf his candidacy for Maguindanao governor for the May 2010 elections. The atrocity, now known as the Maguindanao Massacre, also left more than 30 journalists dead, who were with Mangudadatus wife to cover the filing of his certificate of candidacy at the provincial capitol in Shariff Aguak municipality. Mangudadatu said amid the pain that they still feel, they want to show, through the Sagayan Festival, that the province has gradually been reeling from the adverse impact of the incident, dubbed as the countrys worst election-related violence ever. Through the activity, he said they can show that there is fragile peace now creeping around the 36 towns in Maguindanao. We ought to thank President Aquino, the Office of the Presidential Adviser on the Peace Process, the new administration in the Autonomous Region in Muslim Mindanao, the Armed Forces, and the Philippine National Police for the `winds of peace and development now gently sweeping through the four corners of Maguindanao, Mangudadatu pointed out. He also expressed deep appreciation of the extensive role of the peace panels of the government and the Moro Islamic Liberation Front, joint GPH-MILF ceasefire committee, and the Malaysian-led International Monitoring Team, in the religious implementation of all preliminary security agreements meant to ensure the cordiality of the on-going peace talks. Sagayans background Sagayan, which is a Maguindanaon word, is a war dance that has always been part of the merrymakings during special occasions and weddings among ethnic Maguindanaons. It is performed by the Maguindanaons and Maranaws of Lanao del Sur, where dancers depict ferocity of warriors when they defend land, race and religion.
Dancers act as fighters and carry bladed weapons and wear beads that make noise when they dance, as if to distract the attention of enemies. Contemporary Maguindanaon historians assert that while it is a war dance, it does not depict feudalism, but rather shows the zeal of the Moro people and their leaders to protect their communities from any form of conquest or abuse. It is also meant to show the resilience of the Moro communities and their strength to readily rise or bounce back from every fall, or from any devastation, explained Rep. Sandra Sema of the first district of Maguindanao, chairperson of the Cotabato City Tourism Council from 1998 to 2010. Luring investors Mangudadatu said he is optimistic the festival will help convince prospective investors in the country and abroad that the business climate in the province has also been improving dramatically lately. Records obtained by The Star from the ARMMs Regional Board of Investments showed that there have been more than P200 million worth of expansions the past 18 months in existing foreign-backed agricultural industries in the second district of Maguindanao, and in Chineseowned business establishments in Sultan Kudarat and surrounding towns in the first district of the province. Raquel Magalona, Sagayan Festivals organizing chairperson, said the weeklong celebration will feature a Grand Kanduli (thanksgiving rite) and the Buluan exportable Tilapias raised at the majestic Buluan Lake. The event is also to be capped with a trade fair showcasing indigenous crafts and industries such as cloth weaving and production of brasswares.
aluminium unibody, but stills feels exceptionally solid. The Aspire S3s seams and joins are all very subtle, worked nicely into the design. There are no ill-fitting parts or gaping edges, as you might find a cheap plastic-cased laptop. The 1366 x 768 screen is sharp and clear, though somewhat lacking in brightness. Disappointingly, colours are notably washed out across the board (deep red, green and blue hues all appear much paler than they should). Whether this bothers you will really depend on the type of computing youll be using the Aspire S3 for. If youre trying to edit photographs, design websites or similar visual work, the colour inaccuracies will really provide a hurdle. No amount of calibration will fix this: as far as we could tell, its an inherent limitation of the hardware. If youre just web browsing, watching YouTube clips or knocking out your thesis in Word, the advantages of the S3s form factor could easily justify the limitations in colour reproduction. The grey-on-silver island keyboard is attractive and full-sized, but does have a few limitations. Key travel is very shallow hard on the fingers during long stretches of typing, but is understandable given the S3s thin body. Less understandable is the classically-styled (L-shaped) Enter key, which cuts far too close to the Backslash key above and can lead to mistyping. The arrow keys are also decidedly undersized, each with less than half the surface area of the other keys. If youre trying to select and edit text without using the mouse, as one might do on a laptop, this is going to be a major annoyance. The touchpad is a good size around 12cm/4.7 inches diagonally and the whole surface is usable for cursor movement. In fact, there are no buttons marked at all. To click, you can either tap anywhere on the pad (left click) or press the lower left or right corner, under which the click buttons are hidden. Right-clicking can be a little difficult, but overall the touchpad provides an easy and reliable way to navigate Windows. Powering our review model was an Intel Core i5-2467M CPU, backed by 4GB of RAM and a 320GB hard drive. This model sells for a very reasonable $1,599. Several variants are available, up to a $2,499 model with an Intel Core i7 CPU and 256GB SSD. As an Ultrabook, the Aspire S3 uses Intels on-CPU graphics. This means the S3 lacks DirectX 11 support, and is rather limited in terms of graphical performance. Expect to see this improve in future generations of Ultrabook: Intel's next generation of Core i processors (codenamed Ivy Bridge) will feature DX11 support, and purportedly improve the on-chip graphics performance beyond that offered by the current generation (Sandy Bridge). As for the S3, its never going to be a gaming machine, nor a top-shelf multimedia powerhouse, but its no slouch in the CPU department. Overall performance is commensurate with the ultra-portable laptops in our recent roundup, while the S3 is decidedly thinner and lighter than the average set by that class. Acer and Intel have effectively shrunk the smallest class of laptop, without compromising performance to do so: its an impressive outcome, and hints at good things to come over the Ultrabook frontier.
Following the style of the MacBook Air, connectivity is admittedly a little limited on the Aspire S3. Youll get an SD card reader, headphone socket, two USB 2.0 ports (no USB 3), HDMI out, Wireless N and Bluetooth 4.0. The lithium-polymer battery is not user replaceable, so theres no way to carry a spare. The USB ports, HDMI output and power socket are all along the rear edge great for keeping cables tidy and out of your mousing area, but annoying when youre connecting and unplugging USB drives or other peripherals frequently. Particularly useful and novel is the S3s Instant On technology. Close your Ultrabook, and it falls asleep. After 8 hours, it falls into a deeper sleep which will preserve the battery for up to 50 days. Wakeup time? Less than two seconds. Similar instant on functionality was the one thing that swayed me, personally, to a MacBook Pro when purchasing my last laptop. Now its no longer the sole domain of Apple, with Ultrabooks promising that same massively time-saving function. Battery life in our relatively demanding productivity test was 3 hours and 22 minutes almost 30 minutes less than our non-Ultrabook ultraportables averaged. Acer advertises battery life up to 7 hours under less demanding use, such as light web browsing or word processing, I found that figure really was achievable. More so, the instant on technology means you can pop the laptop to sleep if you walk away for even a minute or two something you probably wouldnt do with a slower-waking machine. That way, without a doubt, lies the road to great battery life. The Aspire S3 is worth going out and buying, right now, if you need a laptop that focuses on portability, but still delivers reasonable processing power. Beware, though, if you need USB 3, great graphical performance or good on-screen colour accuracy. None are things youll find in the Aspire S3, and none are issues that can be upgraded or optimised away.
He is buying back the 20 per cent stake General Atlantic bought in the company a year ago, and preserving all the freedom and flexibility that unlisted status affords. Eugene Kaspersky has made it clear in the medium to long term that he prefers it to remain a private company, staying nimble and focused on organic growth, said David Eggers, chief financial officer of Kaspersky. Mr Eggers pointed out that the company generates a lot of cash and has no need to go to the public markets for fundraising. General Atlantic, which bought the shares from Mr Kasperskys ex-wife Natalya, has been reluctant to talk about the transaction. They were rumoured to have paid $200m last year for the stake, valuing the company at $1bn. It is not clear if they have lost or gained on the deal. The company is also buying back shares from other, smaller shareholders, whom they declined to identify. There are no more institutions as shareholders following these deals. Mr Kasperskys announcement about staying private comes less than a week after the disappointing stock market debut of AVG, the Dutch security company. AVG shares fell below their initial offer price on their first day of trading on the Nasdaq. Mr Eggers said AVG had not influenced the Kaspersky decision, but Mr Kaspersky could well be congratulating himself on having sidestepped a similar fate. The two moves do not bode well for other IPO hopefuls such as Avast, the Czech internet security company, which has also filed for a $200m Nasdaq IPO. Avast declined to comment on its IPO plans to the Financial Times. Analysts said that Avast could well fare better than AVG, however, as the filing documents had revealed stronger growth prospects for the business. Kaspersky and AVGs moves could also spell an even longer wait for Sophos. The UK IT security company has twice had to pull IPO plans, and eventually sold a large stake in itself to Apax Partners in 2010 as something of a halfway house solution. Eventually Apax will want an exit but that prospect of that still looks very distant. Panda Security, the Spanish anti-virus company, meanwhile, already effectively shelved IPO plans last September when it announced a round of job cuts and booted out its CEO. Investindustrial the south European investment group and Gala Capital, the private equity company, which bought 75 per cent of Pandas shares in 2007, face a long wait for a return. Lets hope that they too, like Eugene Kaspersky, enjoy the freedom and nimbleness of owning a private company.
Apple vaulted over South Korea's LG and China based ZTE in the mobile phone market rankings, IDC said. Nokia remained king, shipping 113.5 million mobile phones in the final quarter of the year to claim nearly 27 per cent of the market. Samsung was second with 22.8 per cent of the market, or 97.6 million handsets shipped. Apple sold 37.04 million iPhones in the quarter which ended on December 31, giving it a market share of 8.7 percent. A total of 427.4 million mobile phones were shipped in the final months of 2011 in a 6.1 percent increase from the same quarter a year earlier, IDC said. IDC warned that the growth rate in the fourth quarter of 2011 was weaker than the 9.3 percent seen in the prior three-month period of the year. "The mobile phone market exhibited unusually low growth last quarter, which shows it is not immune to weaker macroeconomic conditions worldwide," said Kevin Restivo, senior research analyst with IDC's Worldwide Mobile Phone Tracker. "The introduction of high-growth products such as the iPhone 4S, which shipped in the fourth quarter, bolstered smartphone growth," he said. "Yet overall market growth fell to its lowest point since the third quarter of 2009 when the global economic recession was in full bloom."
Many of his writings were originally published serially, in monthly installments. TJD, GMA News
"Walang sinasabi sa rules that the Senate Pro-Tempore will sub, only for legislative sessions. I don't want to be presiding there over the Corona Impeachment Trial. If I will have to take up the challenge presiding, yung four hours na hearing, magiging eight hours... Memoryado nila yung Rules Of Court, ako hindi. I'm not a lawyer." Like father, like son? Senator Estrada looks back at the time he chose to run as mayor of San Juan instead of finishing his law studies. He also conceded, it is difficult to surpass, or even equal the achievements of his father. "My dad really wanted me to be a lawyer....I do not have his charisma. Mas maganda siyang lalaki sa akin. He's done a lot for country--as mayor, senator, vice-president, president. Mahirap pantayan and kanyang achievements," he said. Given his father's legacy, Senator Estrada insists, he is pressured to work harder. "I don't want people to say, 'Anak lang ni Erap yan, artista lang yan.' I don't want people to say that I am only a Senator because of my father," he said. For now, the senator can only hope that the Corona impeachment trial ends soon to give closure to the landmark case, and allow lawmakers to go on with their legislative duties.
Defense lead counsel Serafin Cuevas earlier complained before the Senate impeachment court about the "avalanche" of lawyers joining the prosecution panel. He said getting more lawyers could mean a higher budget for the impeachment trial. In response, Ilocos Norte Rep. Rodolfo Farias said the private prosecutors were giving their legal services for free. He also noted that Corona was barred from receiving large donations or gifts especially from lawyers who might have pending cases before the Supreme Court. Pro bono raw sila, yet they have pending cases before the Supreme Court. Bawal sa public officials tumanggap ng mga regalo na ang halaga ay malaki," he said. Magagaling na abogado de campanilla sila, mahal ang rates ng mga iyan," he added. Senate President Juan Ponce Enrile, however, said Corona cannot be deprived of his right to seek legal representation of his own choice.
After the hearings, the committee will vote if there is probable cause in the complaint to send it to the plenary. Before the vote, Lagman questioned the jurisdiction of the committee and motioned for the automatic dismissal of the case against del Castillo because the 60-session day limit for the committee to decide on the case has expired. In a letter to Justice committee chairman Niel Tupas Jr., Lagman said: It is respectfully submitted that the impeachment complaint against Supreme Court Associate Justice Mariano del Castillo be dismissed automatically since the Committee on Justice has ousted itself of jurisdiction for failure to dispose of the complaint within the 60-day reglementary period pursuant to Section 8 of Rule III of the House Rules on Impeachment Proceedings and Section 3(2) of Article XI of the Philippine Constitution. He said that based on his computation, there has been 84 session days since the complaint has been filed February last year. His argument was supported by Rep. Simeon Datumanong and Rep. Rodolfo Albano. Tupas dismissed allegations that the impeachment complaint against del Castillo is meant to pressure the magistrate to testify against Chief Justice Renato Corona. He said the impeachment against del Castillo will not overlap with the impeachment of Corona.
There is no such requirement in the Impeachment Rules. Perhaps what he referred to was the Senate Rules, which can apply as a supplemental reference, but only if it is relevant to the impeachment, Santiago noted. Nonetheless, she said that she was filing the motion under the principle of ex abundanti cautela, which means from an abundance of care. In other words, my motion is merely precautionary, because in my view the motion can be filed even only by defense counsel, and does not need to be filed by a senator-judge, she said. Gray area Senate President Judge Juan Ponce Enrile did not rule on the matter. Instead, he called for a caucus Wednesday at 12:00 noon. The chairman would not make a ruling to deny nor sustain the motion and give the senator the chance to be heard. The ruling will be made tomorrow before a witness will be called to stand, he said. The bank managers were called tomorrow to testify.
"[K]ung may isang lingkod-bayan na tumatanaw ng utang ng loob, hindi sa taumbayan na siyang dapat na bukas ng aming kapangyariha, kundi sa isang padron na isiniksik siya sa puwesto, maaasahan po kaya natin siyang intindihin ang interes ng Pilipino?" Aquino said in his speech, with the Chief Justice merely a seat away from him. "Shortly thereafter, the respondents also made utterances and remarks on national television which were bannered in all newspapers in the country and which this Honorable Court may take judicial notice, echoing the said contemptuous remarks of the President of the Philippines apparently in their respective aforesaid capacities as cabinet members," Sundiam, in his petition, said. "These contemptuous remarks of the respondents are violative fo the Lawyer's Oath, the Code of Professional Responsibility and Section 20(b), Rule 138 of the Rules of Court which direct the respondents-lawyers to observe and maintain the respect and dignity due to the courts of justice and judicial officers," he added. Sundiam alleged that the remarks issued by De Lima and Lacierda against the Chief Justice -- the head of a co-equal branch of government -- constitute indirect contempt as defined and punished under the 1997 Revised Rules on Civil Procedure. Sundiam's petition further alleged that "the subject remarks were calculated precisely to degrade or tend to degrade the administration of justice, and erode and undermine the people's confidence" in the Supreme Court and the judicial officers. Complainant/petitioner stressed that respondents' stature notwithstanding, the Supreme Court should apply the Rules and doctrines it has laid down "with equal force to every and all citizens." "[E]specially and including the respondents, since no one is above the law in our democratic and republican State," Sundiam said. De Lima reaction Asked for comment, De Lima, through text message, told ABS-CBN News she merely exercised a right in openly criticizing Corona. "With due respect, whatever utterances are alluded to in this latest disbarment complaint, the same are not contemptuous. It is called free expression, a constitutional right which the Chief Justice himself has publicly exercised in at least 2 occasions before an assembly of court sympathizers." The justice chief said she will formally respond to the complaint in due time. Lacierda, has not replied to ABS-CBN News' request for comment. SC directs de Lima, Lacierda to file comment
The Supreme Court, in en banc session last Tuesday, voted to require De Lima and Lacierda to file their comment within 10 days receipt of notice. De Lima was also directed by the high tribunal to submit her comment on a separate disbarment case filed by lawyer Ricardo Riversa for defying a temporary restraining order(TRO) issued by the SC last November 15 against a travel ban imposed by the Department of Justice(DOJ) on former first couple Gloria and Mike Arroyo. No cases had been filed against the Arroyo couple then before a trial court.
Enrile then said: "All right, you read the Constitution. Culpable violation of the Constitution, treason, bribery, graft and corruption, and other high crimes could be the basis for impeachment. So that's the law." Associate Justice Serafin Cuevas, head of Corona's defense team, said the Chief Justice is not liable for any discrepancies in his SALNs. "If there may have been discrepancies, inaccuracies, or incompleteness, these can me remedied after a review of the SALN has been made. If it is not intentional, no criminal liability or any administrative liability is incurred by the filing official," he said. Other senator-judges also stood up and reminded the prosecutors about what is provided in the Constitution. Joker: Evidence must amount to impeachable offense "Not every offense, omission is an impeachable offense," said Senator Joker Arroyo. "So the responsibility of the prosecution is to present evidence that would amount to an impeachable offense, and the defense must defuse it." Arroyo noted that United States President Bill Clinton was impeached, but senators acquitted him because they did not believe that the accusations lodged against him were impeachable offenses. "We might be wasting our time discussing crimes that are not impeachable," Senator-Judge Francis Escudero said. Arroyo added, What were overlooking here, we should check if offenses have reached level of impeachable offenses. Escudero agreed, saying: Assuming hes seen on television jaywalking, is it already an impeachable offense? Pag nakita syang nagbigay ng lagay para mapabilis ang kaso, is it already an impeachable offense. He noted that in the United States, there is a range for a particular offense. Prosecution: Corona betrayed public trust Prosecution panel chief Rep. Niel Tupas explained that their complaint says Corona's failure to truthfully disclose his SALN is a betrayal of public trust He cited an opinion of Fr. Joaquin Bernas, one of the authors of the 1987 Constitution. Bernas has explained some issues regarding what the Constitution says about impeachable offenses.
"The offenses for which an officer may be convicted on impeachment are 'culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust,'" he said in his blog. "The word 'other' modifying 'high crimes' indicates that every offense in the list must be a 'high crime.' This meaning is dictated by the principle of legal construction that the word 'other' makes the meaning of all those enumerated of the same level of gravity. In legal gobbledygook this is the eiusdem generis rule," he added. Enrile has ordered the 2 parties to submit a legal memorandum on the issue. After the trial, prosecution panel spokesman Rep. Sonny Angara said the framers of the 1987 Constitution added betrayal of public trust as an impeachable offense due to the high crimes committed by the Marcoses. "Pinakamahalaga po diyan, iyung pagtaksil at pagkalulo sa tiwala ng publiko o betrayal of public trust, kasi nga malawak po iyan kaya nga yan ang intension ng ating may akda ng ating Saligang Batas na talagang panagutin po ang mga makasalanang opisyal," he said. Tamano explains betrayal of public trust ANC's resident legal analyst, lawyer Adel Tamano, explained that betrayal of public trust is also a ground for impeachment introduced in the 1987 Constitution. "What are the grounds for impeachment? Under Article XI, Section 2 of the Constitution, there are 6: 1 - culpable violation of the Constitution; 2 - treason; 3 - bribery; 4 - graft and corruption, 5 - other high crimes, 6 - betrayal of public trust." "You might ask what is high crimes. The easiest way to understand it is that these are crimes of such gravity. For example, murder, it is so serious that is is so obvious that an impeachable official should be removed from public office. The impeachable act is so grave that it constitutes a high crime," Tamano explained. "Fr. Joaquin Bernas, when he talks about betrayal of public trust in his book, he says betrayal of public trust is a catch-all provision, and even acts that are not necessarily criminal can be a betrayal of public trust," he said. "But if you take a look at the Constitutional records, it is very clear that not every act is a betrayal of public trust," he added. Tamano said any impeachable act has to be of such magnitude that it impacts on the moral fitness of the official, leaving no other recourse but to remove the official by impeachment. Recto asks: Was there intent to deceive?
In an interview with ANC after day 11 of the trial, Senator-judge Ralph Recto said they will look into the "timeliness" of Corona's declaration of 5 properties. "Should we fault him for declaring them in 2010 kung nakaligtaan in the previous years? I don't know, but we will look into that later on." Recto said that while Corona declared 5 properties in his SALNs, some declarations were "late in many instances." He added that the Senate impeachment court also needs to review the valuations of the declared properties. "Dapat ilalagay mo iyung value. Iyung assessed, iyung market value, and the third will be the transaction value," he said. "Iyun ang maliwanag sa batas, tatlo eh. Kung 2 out of 3, ano ang ibig sabihin niyan?" "Kung 1 out of 3, kung transaction cost lang ang inilagay niya, may misdeclaration din ba iyon dahil di niya na-fill up iyung acquisition?" he added. "The current fair market value, that's another issue." Recto said he will grill Corona's lawyers when they present their own evidence in the impeachment court. "I will confront them as well with many parts of the law," he said. "Katulad niyan iyung accounting. Iyan ba may deceit on the part of the Chief Justice?" he asked. "Halimbawa na hindi pa nata-transfer sa iyo iyung ownership of the property pero iyung accounting practice, dapat, may nilagay ka na roon na advance payments o di kaya may liabilities ka pa for installments," he added. "Was there a willful intent on the part of the Chief Justice to reduce his net worth and not to disclose his properties? I think that these are valid issues that we should ask the defense also later on," Recto said. Corona didn't break law, says defense lawyer A lawyer Corona's defense team admitted on Tuesday that there were "inaccuracies" in the Chief Justice's SALN when he belatedly declared several real estate properties years after they were acquired. Esguerra said Corona broke no law when he disclosed ownership of the real estate properties belatedly in his SALN. Under Republic Act 6713, government workers are given the opportunity to correct their SALNs.
Meantime, House prosecution spokesman Lorenzo Taada III feels Corona may be preparing to do an "I am sorry speech regarding his SALNs. He said Corona may be preparing to explain the discrepancies in his SALN by saying I am sorry, lapse of judgment" similar to then-President Gloria Macapagal Arroyo's speech, apologizing for talking to a poll commissioner during the 2004 polls. Taada said many officials have been dismissed from service for not accurately declaring their SALNs. -- with reports from RG Cruz, ABS-CBN News