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Judicial independence should be hailed December 20, 2006

Posted by s511 in Press Releases.
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with CA decision refusing TRO:
Judicial independence should be hailed

Akbayan Rep. Etta Rosales today filed a resolution hailing the judicial system’s refusal to turn over Smith to US embassy officials for “detention” while his case is on appeal, saying “it is a triumph of the rule of law and justice against the unnecessary politicking surrounding the case.”  In the same breath she expressed elation over the Court of Appeals’ decision to deny a TRO on the custody issue.

Rosales said that “the decision to hold Smith in the Makati City Jail has single-handedly restored public confidence in the justice system by displaying that the courts are still not caving in to monumental pressure coming from the highest powers in the land, and the CA decision only reflects the soundness of that decision.”

“The conviction and the denial of the petition for US embassy custody of Smith reflects the sovereign will of the Philippine Republic through its criminal justice system, which must be respected by the US government,” Rosales added.

At the same time, Rosales laments the position taken by the DOJ.  “As an extension of the Executive, the DOJ should respect a co-equal branch of government and its decision as an expression of the sovereign will of the people through the courts and desist from lawyering for the US.”

The Office of the Solicitor-General meanwhile, according to Rosales should also support the independence of the courts, “since it is the lawyer of the government and not just the Executive, it should also move to protect and uphold the sanctity of the Makati Regional Trial Court’s decision.”

“The challenge is to make sure that with the petition for custody looking like it is headed to the Supreme Court; the same judicial independence is asserted,” suggested Rosales.


Akbayan solon warns against CONAss revival with majority refusal to restore Rule 105 December 14, 2006

Posted by s511 in Uncategorized.
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Akbayan solon warns against CONAss revival with majority refusal to restore Rule 105
December 14, 2006

Akbayan Rep. Etta Rosales today moved for the amendment of House Rule Section 105 to reiterate the deleted provision from last week’s heated debates that paved the way for the ramming of the constituent assembly bid.

“The indefinite archiving of HR 197 is not enough,” said Rosales.  “Since this could be taken to mean that at anytime the majority can again ressurect ConAss.”

“The leadership of the House admitted its mistake,” added Rosales, “but there must be a sincere gesture from the House that the issue is deader than dead and unfortunately there is none of that since the Rules are intact in its mangled form; a Senate-less Constituent Assembly format.”

“Thus, archiving without restoring Sec. 105 to its original formulation doesn’t mean anything,” added Rosales.  “and with the session called off until Monday the challenge is for the majority to summon enough people again to corect this mistake.”

Rosales added, “They broke it, they should fix it.”