Topics for Term Paper in Constitutional Law 2

8/8/2019 Topics for Term Paper in Constitutional Law 2

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Petrovich B. Tamag Constitutional Law 2

New Era College of Law Monday 5:30-8:30pm

Number-coding scheme questioned before Supreme Court

Issue: Whether or not the petitioner's right to work and their right to a decent living were

violated by the number-coding scheme.

MANILA, Philippines - Four public utility bus drivers asked the Supreme Court on Monday to stop the

Metropolitan Manila Development Authority (MMDA) from enforcing the number-coding scheme for public

utility buses (PUBs).

The scheme, seen by the MMDA to help cut the worsening traffic situation in Metro Manila by 20%, wasresurrected last November 15.

The number coding scheme on PUBs is effected by virtue of MMDA Resolution No. 10-16 and implemented

via MMDA Memorandum Circular No. 08, Series of 2010.

While in an MMDA regulation in May 1996, provincial and city public utility buses were exempted from thenumber-coding scheme, now, no window hours would be granted to PUBs, meaning the program will be

implemented from 7 am to 7 p.m. on weekdays.

The petitioners--Samson Pantaleon; Eduardo Tacoyo, Jr.; Jesus Bautista and Monico Agustin--filed a petition

for injunction with prayer for temporary restraining order/status quo ante order and permanent injunction andargued that the number-coding scheme was null and void because this was unsupported by legislative

enactment.

They maintained the scheme was contrary to Republic Act 7924 or the MMDA Charter, and several decisions

of the High Court where it "pointed out over and over again that the respondent MMDA, including the MetroManila Council, do not have any police or legislative power."

"The challenged circulars are also in violation of Commonwealth Act No. 146 as amended, also known as thePublic Service Act, and in relation to the due process clause of the Constitution as mandated in Section 1,

Article III of the 1987 Constitution as it affects petitioner's right to work and their right to a decent living," the

petition said.

The petitioners also alleged that the challenged circulars "amended and modified" the certificate of publicconvenience/franchise issued by the Land Transportation Franchising Regulatory Board (LTFRB) to their

employers "without the benefit of a notice and hearing as required by the Public Service Act and the

Constitution".

The petition stated that the challenged circulars cannot amend a franchise granted by the national government.

"A franchise is a property right and cannot be revoked or forfeited without due process of law," the petitionstated, quoting Philippine Long Distance Telephone Company (PLDT) vs. the National Telecommunications

Commission.

Finally, the petitioners said the number-coding scheme would only mean "less income for them, less food on the

table, less education allowance for their children, and a lowering of their quality of life, causing great andirreparable injury".



Replacing punitive justice with restorative justice

Issue: Whether or not there is a need for revision of the current Penal laws to coup up with the

need for speedy disposition of cases provided under the Constitution.

MANILA, Philippines - The concept of restorative justice to take the place of the current "rigid, punitivejustice" was at the center of discussion in Tuesday morning's opening of the 2-day National Summit on

Collaborative Partnership Towards Enhancing the Dignity of Persons Deprived of Liberty.

Keynote speaker Chief Justice Renato Corona, whose message was read by Court Administrator Jose Midas

Marquez, underscored this ideal and expressed the court's pledge to join the rest of the 5 pillars of the criminal

justice system - law enforcement, bar (prosecutors, public defenders), bench (courts), correction system,community - in each step in the restoration of justice for all.

De Lima, for her part, said that the thrust for restorative justice, which she defined as "a theory of justice that

emphasizes on repairing the harm caused or revealed by criminal behavior," is a goal and a big challenge down

the road.

One of the main obstacles to this goal, she said, was the tendency for each of the 5 pillars of the criminal justice

system to work on its own.

"It's like step by step. Pagkatapos ng prosecutor, ipapasa sa korte. Pagkatapos ng korte, ipapasa sa correctional.

All of the institutions and actions in the criminal justice system are and should be interdependent. Our roles are

interdependent, interconnecting and overlapping," De Lima said in her presentation.

Budgetary constraints for key agencies involved in the criminal justice system, and a lack of awareness at

present on what restorative justice is, contribute to the difficulties, De Lima said.

Retired Supreme Court Associate Justice and Philippine Judicial Academy Chancellor Adolfo Azcuna,

meantime, said the goal must not only be for the restoration of the offender but the victim and society as well.

"The idea is to restore not just the offender, but the victim and society. To restore. To heal. It's a healing process

involving all sectors. All sectors must cooperate in order for this healing process to be successful," Azcuna said.

Need for a new Revised Penal Code

De Lima also bared the need to revisit and come up with a new Revised Penal Code in order to facilitate a

speedier dispensation of justice. The code, instituted in 1930, still contains provisions which are no longer applicable to present day and even

crimes that can no longer be legally appreciated, De Lima said.

During her stint at the justice department, pushing for a new Revised Penal Code will be among De Lima's

priority legislative agenda.

Marquez agreed with the justice chief regarding the need to revisit the Revised Penal Code.

But since that is a legislative act, for the high court's part, Marquez said the court can revisit the Rules of Court



and issue circulars relevant to the speedy resolution of cases.

70% of criminal cases drug-related

Azcuna also bared that 70% of cases pending before the 3,000 trial courts nationwide are criminal in nature, and30% civil. Of the 70% criminal cases, more than half are drug-related, Azcuna said, quoting a report from the

Supreme Court. And since drug-related cases are non-bailable, this contributes to congestion in jail facilities,

Azcuna said.

Dichaves faces arrest over Estrada plunder case

Issue: Whether or not the arrest of Dichaves vilated his right to due process of law.

MANILA, Philippines - Businessman Jaime Dichaves will be arrested when he lands on Philippines soil amid a

standing arrest warrant issued against him by the Sandiganbayan in 2001 as one of the accused in the P4.1-

billion Estrada plunder charge, officials of the graft court said Monday.

Unless the anti-graft court grants Dichaves' motion seeking to quash the case against him, he will be arrested

and held without bail because plunder is a capital offense, said Ma. Teresa Pabulayan, Sandiganbayan SpecialDivision clerk of court.

Dichaves last Friday asked the court to junk the government's case and order a fresh investigation. He invokedhis right to a preliminary investigation.

His lawyer, Pacifico Agabin, said Dichaves cannot be deemed to have waived his right to a preliminary

investigation since he was not arraigned when the plunder case was filed in court in 2001 until former President

Joseph Estrada was convicted 6 and a half years later.

Agabin also argued that being a private citizen, Dichaves may not be held liable for plunder but only for a lesser

offense, "for example, bribery or falsification, that contributed to the crime of plunder."

Pabulayan said Dichaves' motion has been set for hearing on December 10.

Renato Bocar, executive clerk of court and spokesman for the Sandiganbayan, said there would be no need to

require any of the 114 prosecution witnesses to testify again if Dichaves' case goes on trial as their testimoniesmay simply be adopted in deciding the defendant's guilt or innocence.

"Mr. Dichaves was only connected to the Jose Velarde account and the BW Resources transaction. Testimonies

relevant to him may simply be adopted although he can demand to cross-examine any of the government's

witnesses. That is his right," Bocar explained.

Documents obtained from the Sandiganbayan Security and Sheriff Services Office showed that several

properties and bank accounts of Dichaves and his wife, Abby, have been frozen on orders of the court.

Among these are 2 real estate properties in Corinthian Gardens, Quezon City - a residential lot worth P8.94

million and a house and lot valued at P6.26 million.

Also garnished by the court sheriffs were 5,000 shares in Star J Bingo, Inc. subscribed by Dichaves worthP500,000, of which P125,000 was already paid, and bank deposits amounting to P61,000 with the Bank of the

Philippine Islands.

