Reynato Puno
Encyclopedia
Reynato Puno y Serrano (born May 17, 1940) was the 22nd Chief Justice of the Supreme Court of the Philippines
. Appointed on December 8, 2006 by President
Gloria Macapagal-Arroyo
, he was the 22nd person to serve as Chief Justice. Puno had initially been appointed to the Supreme Court
as an Associate Justice
on June 28, 1993.
. During his stay in the state university, he also served as editor of the Philippine Collegian. He would later finish post-graduate studies at the Southern Methodist University, Dallas, Texas
(Master of Comparative Laws), University of California, Berkeley
(Master of Laws
), and University of Illinois
(finished all academic requirements of the degree of Doctor of Judicial Science).
Puno began his legal career in private practice. In 1969, he joined the law practice of his elder brother Isaac, a future judge whose murder at age 39 remains unsolved to date. In 1971, he joined the Office of the Solicitor General, where he would serve for the next nine years.
In 1980, Puno was appointed by President
Ferdinand Marcos
as a Justice of the Court of Appeals
. He rejoined the executive department in 1984, this time as a Deputy Minister of Justice
. Upon the assumption into office of President
Corazon Aquino
in 1986, Puno was reappointed to the Court of Appeals.
Puno has been praised for his erudite and literary writing style. His predecessor as Chief Justice, Artemio Panganiban
, once lauded Puno's writing in the following manner: "Like a trained surgeon, he uses his pen with razor-like precision to separate the excise fabrication from truth and pretension from reality. In the process, he gives life to populist causes and libertarian ideals. Darting, gutsy and erudite, he often wages lonely battles against conventional wisdom with his stirring dissents and insightful opinion." (Panganiban, Justice and Faith, p. 142)
Fidel V. Ramos
appointed Puno as an Associate Justice of the Supreme Court
at the age of 53. He would serve in that capacity for the next 13 years. Upon the retirement of Justice Josue Bellosillo in 2003, Puno became the Senior Associate Justice.
Traditionally, the most senior Associate Justice was appointed to fill any permanent vacancy to the seat of the Chief Justice, though this tradition was not always observed. Upon the retirement of Chief Justice Hilario Davide, Jr.
in 2005, Puno, as the senior Associate Justice, was a leading candidate for appointment as the next Chief Justice. However, President Gloria Macapagal-Arroyo instead appointed Associate Justice Artemio Panganiban
as Chief Justice, marking the first time in 20 years that the senior Associate Justice was bypassed.
Justice Puno remained as the most senior Associate Justice for the twelve months of the term of Chief Justice Panganiban. Despite some speculation that President Arroyo would again bypass Puno and appoint either Associate Justice Leonardo Quisumbing
or Senator
Miriam Defensor-Santiago
as Chief Justice, Puno was appointed to the post within hours from the retirement of Panganiban. Puno denied speculations that he will retire from the
position of Chief Justice before May 17, 2010.
(November 30 to December 3, 2007) survey
released the performance rating of Chief Justice Reynato Puno - 32% satisfied and 34% dissatisfied, or net –2, having been in single digit since March 2007.
award in the field of law in 1977. He was also one of the Outstanding Alumnus of the Alpha Phi Beta Fraternity - UP College of Law in 1975. Puno has also been awarded honorary degrees from the Wesleyan University-Philippines
(Doctor of Humanities) and Angeles University Foundation (Doctor of Laws).
In 1996, he was chosen the "Outstanding Alumnus" by the University of the Philippines College of Law
.
UP President Emerlinda R. Roman, UP Regents Gari M. Tiongco and Ponciano E. Rivera, Jr., and UPAA Board Secretary Marita P. Carag bestowed the award on Chief Justice Puno during the awarding ceremonies of the day-long celebration.
The 2008 UPAA Most Distinguished Alumnus is the top award given by the UPAA “to recognize UP alumni for their outstanding achievements that bring about substantial benefits to society and distinct honor to the University.”The UPAA conferred on Chief Justice Puno the award for using his UP education to “contribute to the welfare of the Filipinos and to the larger society.”
Chief Justice Puno won over around 200 nominees who were nominated for specific fields of involvement. He was nominated for the Public Service/Good Governance category by two organizations, the Alpha Phi Beta Fraternity Chancery (Alumni Association) and a lawyers’ group. The UPAA Awards Screening Committee decided to name Chief Justice Puno Most Distinguished Alumnus in light of the significant impact the Philippine Judiciary has had on the nation since he assumed the Court’s highest office.
In his response after the awarding ceremonies, Chief Justice Puno said that he views the awards given to him and fellow alumni, not as personal achievements but as recognition of the UP soul and spirit in their beings. “The UP spirit tells us that what is right and what is wrong is never decided by popular vote; that what is right and what is wrong is not resolved by the demagogueries in the market place. UP taught us the lesson there is no right be wrong, to do wrong and to go wrong,” he said.
He also predicted that “UP was pre-eminent in the last 100 years. I have no doubt, it will be preeminent in the next 100 years. We say ‘Push On UP,’ we are going to win.”
As the 2008 UPAA Most Distinguished Alumnus, Chief Justice Puno also spoke at the UP Alumni Council Meeting at the Bahay ng Alumni, UP Diliman, Quezon City last June 20.
At that event, Chief Justice Puno stressed that UP will be “an important center of gravity in our collective efforts to uplift the interest of our people and interlink with humankind’s drive towards universal peace and prosperity.”
He added that “the role of UP in difficult times will be decisive. It has to serve as our fresh fountain of knowledge and reverse our knowledge deficit. It has to be a laboratory of ideas, where old ideas are given the reverence of immutability, and where new ideas are given a tolerant eye. It must improve the quality of our democracy by helping break the monopoly of power of the elites and by halting their heartlessness to the many who cannot exercise their rights due to involuntary poverty.”
In closing, he said that “the UP must maintain its academic freedom, for any institution that searches and stands for truth, that resists expressions of liberty, that holds sacrosanct the right to inquire will most likely be scorned in a society where the powers that reign take comfort in the uniformity of ideas and shun multiformity of thoughts.”
An exhibit about Chief Justice Puno was also showcased at the Bahay ng Alumni, UP Diliman, Quezon City, and at the Araneta Coliseum, Cubao, Quezon City on June 20 and 21, respectively. His awards, magazine feature articles, photos, ponencias, and speeches as well as books written about him were displayed in the exhibit.
Chief Justice Puno graduated from the UP College of Law in 1962, with a Bachelor of Science in Jurisprudence degree and a Bachelor of Laws degree.
Awarding Council (WPPAC) Chief Judge and Co-Founder Lester Wolff and WPPAC Executive Judge and Co-Founder Dr. Han Min Su, WPPAC Sec. Gen. Judge Dr. Asher Naim, and WPPAC Judge Dr. Mohammad A. Cholkamy, on October, recognized Puno as 2008 Human Cultural Asset International.
On July 16, 2007, Justices, activists, militant leaders, police officials, politicians and prelates attended the Supreme Court's two-day summit at the Manila Hotel in Manila City to map out ways to put an end to the string of extrajudicial killings in the country. Bayan was set to launch their "silent protest", but expressed support for the high court's initiative. Director Geary Barias, chief of the police's anti-killings Task Force Usig, Sen. Panfilo Lacson, Manila Mayor Alfredo Lim, Caloocan Bishop Deogracias Yñiguez, reelected party-list Representatives Satur Ocampo (Bayan Muna) and Crispin Beltran (Anakpawis) graced the affair. SC Chief Justice Reynato Puno said that the "National Consultative Summit on Extrajudicial Killings and Forced Disappearances: Searching for Solutions," would help stop the murders. Delegates were given 12 to 15 minutes each to share their insights and knowledge about the matter. Yniguez scored the government for failing to actively pursue investigations on the hundreds of killings, and the Catholic Church was alarmed that victims have been deprived of their "fundamental right" to live. Based on Yniguez-church's count, the number of victims of extrajudicial killings reached 778, while survivors of "political assassinations," was pegged at 370. He also noted 203 "massacre" victims, 186 people who involuntarily disappeared, 502 tortured, and others who were illegally arrested. Yniguez similarly criticized the government's alleged insistence to implement its Oplan Bantay Laya I and II, the military's counter-insurgency operation-plans which militants have said consider legal people's organizations as targets. Meanwhile, Bayan urged the Supreme Court to "check serious threats to civil liberties and basic freedoms" including the anti-terror law or the Human Security Act of 2007, which took effect on July 15 despite protests from leftist groups. Vice President Teofisto Guingona Jr. will join Bayan and other leftist groups as petitioners in their formal pleading before the Supreme Court challenging the constitutionality of the law. Human rights lawyer Atty. Edre Olalia of the International Association of People’s Lawyers (IAPL) will serve as lead counsel. Bayan chair Carol Araullo said the respondents will include members of the Anti-Terrorism Council headed by Executive Secretary Eduardo Ermita and Raul Gonzalez. Earlier, CBCP president Angel Lagdameo pointed out at least 5 provisions of the law that may threaten civil liberties: Sec. 19 allows detentions of mere suspects for more than three days in the event of an actual or terrorist attack, while Section 26 allows house arrest despite the posting of bail, and prohibits the right to travel and to communicate with others; Sec. 39 allows seizure of assets while Sec. 7 allows surveillance or wiretapping of suspects; Sec. 26 allows the investigation of bank deposits and other assets.
Puno SC summit called for truce, talks with insurgents, as the two-day summit ended: "Let us rather engage in the conspiracy of hope…and hope for peace." Puno said he would forward the summit's recommendation to President Gloria Macapagal-Arroyo, the Senate and House of Representatives. "In the clash of arms, the laws are silent. We need to reduce violence, create conditions conducive to less violence based on the rule of law," Associate Justice Conchita Carpio-Morales said in the report. One group recommended that Republic Act 9372 or the Human Security Act be declared unconstitutional. All the groups agreed that insurgency is not only a military but also a political problem and said a ceasefire would be a sign of the government’s goodwill and sincerity in forging genuine peace agreements with all rebel groups. They also recommended the use of the third-party approach to peace negotiations. Among the other recommendations of the summit are: -- for the Supreme Court to reexamine the case of Umil v. Ramos, which said rebellion and related crimes are continuing offenses, thus allowing the warrantless arrest of suspects; to carefully study the possibility of creating a new offense for the killings and assaults on journalists, judges and activities, akin to the law penalizing violence against woman and children; the establishment of sanctuaries where victims and witnesses can take refuge; for the President to certify and the Senate to ratify the Rome Statute, which established the International Criminal Court, and Protocol 1 of the Geneva Convention, which addresses the issue of making civilian populations or individual civilians the object of attacks; the enactment of a law addressing and accurately defining extrajudicial killings and enforced disappearances; a study on the use of the writ of Amparo for greater protection of Constitutional rights, and a more creative and resourceful application of the writ of habeas corpus; suspending the presumption of regularity in the performance of official duty in cases of extrajudicial killings and enforced disappearance; studying whether the government can continue invoking its immunity from suspension in cases of extrajudicial killings and enforced disappearances; allowing petitioners for the writ of habeas corpus to seek court orders to search the premises of police and military camps and stations in the presence of a representative from the Commission on Human Rights; requiring the Department of Interior and Local Government (DILG) to take DNA samples of unidentified cadavers for preservation in the Philippine National Police laboratory; the adoption of international standards of command responsibility; the enhancement of moral, ethical and constitutional values that put a premium on tolerance and the rule of law.
The CPP, however said that the abuses will continue “so long as the mastermind remains in power." “Extra-judicial killings and enforced disappearances will continue as long as the mastermind remains in power and enforces a deliberate state terrorist policy that sets the stage for gross violations of human rights." CPP spokesman Gregorio “Ka Roger" Rosal said that the New People’s Army (NPA) and people’s courts are conducting their own investigations and are intensifying efforts to investigate and resolve particular cases of extrajudicial killings and abductions. Rosal cited the case of Capt. Patrick Baesa, an intelligence officer under the notorious 901st Infantry Battalion, who was meted out revolutionary punishment last November 2006. Baesa, who was based in Irosin, Albay, was responsible for organizing the death squads which carried out the killings of Max Frivaldo, Ding Uy, Rei Mon Guran and Barangay Chairman Neal Futalan.“But ultimately it is the Arroyo regime and its top security and military officials who should be punished for these heinous crimes," he said. Further, former vice president Teofisto Guingona and BAYAN petitioned the Court to declare the Human Security Act (HSA) unconstitutional. The 89-page petition for certiorari and prohibition with a prayer for temporary restraining order against the implementation of the anti-terror law. Other petitioners were Gabriela, Kilusang Magbubukid ng Pilipinas, Movement of Concerned Citizens for Civil Liberties, state workers' group COURAGE, Kadamay, Solidarity of Cavite Workers, League of Filipino Students, HEAD, Anakbayan, Pamalakaya, Alliance of Concerned Teachers, Migrante and AGHAM.
Twin horrible deaths happened on / circa the same day last year, January 15, 2007, that the Supreme Court of the Philippines
' (logo
or seal
) was mysteriously burned into halves by an almost one hour afternoon fire
. Despite different appeals by local and international groups, the spate of extrajudicial killings in the Philippines continued. On January 15, 2008, Reynato Puno condemned the murder
of Judge Roberto Navidad, Regional Trial Court, Branch 32, Calbayog City
, Samar
, the 15th judge to be ambushed since July 20, 1999, the 14th under the Arroyo government. Just starting his engine, black Nissan Patrol
SUV ( TPL-911), Natividad was shot in the face / left eye, at 7:10 p.m. Monday, by a lone gunman, 5’4" tall and medium-built, wearing black jacket, using a 45 caliber pistol
. On Tuesday, Catholic
missionary
Rey Roda, Oblates of Marry Immaculate (OMI), 54, was shot dead at 8:30 p.m., when he resisted abduction attempt by unidentified 10 armed men in a chapel at ikud Tabawan village, South Ubian, Tawi-Tawi
, South Ubian. In February 1997, another OMI leader, Bishop Benjamin de Jesus was shot dead in front of the Jolo
cathedral
. In 2006, the Asian Human Rights Commission
stated that there had been 26 priests, pastors, and churchmen who were liquidate or were victims of violence under the Gloria Macapagal-Arroyo
administration since 2001. This includes 3 priests who were reported killed just in 2007: Basilio Bautista of the Iglesia Filipina Reform Group, in Surigao del Sur
, Indonesian priest Fransiskus Madhu, in Kalinga province, and Catholic priest Florante Rigonan, in Ilocos Norte
.
(Spanish for protection), would strip the military of the defense of denial (Volunteers Against Crime and Corruption's 9th anniversary celebration at Camp Crame). Under the writ, families of victims will have the right to access information on their cases—a constitutional right called the "habeas data" common in several Latin America countries. The final version of the rule, which will be made retroactive, will come out by next month. Puno stated that "In other words, if you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability."
On September 15, 2007, lawyer Neri Javier Colmenares
(National Union of People's Lawyers) announced that the Supreme Court of the Philippines
committee on the revision of rules
drafted the writ
of amparo rules, which will be promulgated in October. The writ of amparo (Spanish
for protection) is a defense
to prevent extrajudicial killings and forced disappearance
s. As supplement
, recourse to “Habeas Data
,” to grant the right of access information on desaparecidos, will also be provided.
Reynato Puno officially announced the Supreme Court of the Philippines
' approval or promulgation
of the Writ of Amparo: "Today, the Supreme Court promulgated the rule that will place the constitutional right to life, liberty and security above violation and threats of violation. This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights. This rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production, inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold them accountable to our people. The sovereign Filipino people should be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice."
or legal fees is required for Amparo which takes effect on October 24 in time for the 62nd anniversary of the United Nations
. Puno also stated that the court will soon issue rules on the writ of Habeas Data
and the implementing guidelines for Habeas Corpus
. The petition for the writ of amparo may be filed "on any day and at any time" with the Regional Trial Court, or with the Sandiganbayan
, the Court of Appeals, and the Supreme Court. The interim reliefs under amparo are: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection order (WPO, RA 6981).
International criticism
On September 28, 2007, the Asian Human Rights Commission
(AHRC) criticized the Writ of Amparo and Habeas Data (Philippines)
for being insufficient: "Though it responds to practical areas it is still necessary that further action must be taken in addition to this. The legislative bodies, House of Representatives
and Senate
, should also initiate its own actions promptly and without delay. They must enact laws which ensure protection of rights—laws against torture and enforced disappearance and laws to afford adequate legal remedies to victims." AHRC objected since the writ
failed to protect non-witnesses, even if they too face threats or risk to their lives.
, dubbed as “Forum on Increasing Access to Justice: Bridging Gaps and Removing Roadblocks,” which will be held simultaneously in 3 venues in Luzon, the Visayas and Mindanao from June 30 to July 1, 2008 via videoconferencing. The “Access to Justice for the Poor Project” was implemented on June 30, 2008 in 36 municipalities in the 15 poorest provinces, with the assistance of the Department of Social Welfare and Development (DSWD), Department of Interior and Local Government (DILG), the Department of Justice (DOJ) and the Alternative Law Groups Inc. The forum “Increasing Access to Justice” found that aside from poverty, exorbitant legal fees and the infrequent use of Tagalog during court hearings also affected judicial access.
, on July 9, 2008, re-launched the Supreme Court’s Justice on Wheels (JOW) Project, to improve access of justice to the poor, specifically, those who are above 70 years, and detainees whose cases had dragged for longer periods than prescribed by law. The justice-on-wheels program, borrowed from Guatemala
justice system, was first launched in the Philippines on 2004 with World Bank
and Asian Development Bank
funds. 4 buses were converted into mobile courtrooms, to have served Manila and other regions. The Manila City Jail was built for only 1,000 inmates but is now crammed with 4,602.
donated 50 computer units and other related equipment to the High Tribunal during the July 23, 2008 launching of the Case Management Information System (CMIS) by Reynato Puno and Kristie Kenney
, to reduce the judiciary’s case backlog and congested dockets.The computers are part of the US $ 650,000 US Agency for International Development (Usaid) grant for the CMIS, "to develop the software, build the information structure, for technical assistance and training of the justices and court personnel (of the SC, Court of Tax Appeals, Court of Appeals and the Sandiganbayan)."
Puno said: "We have our zero backlog program; we continue to review, revise and simplify the Rules of Court; we have established special courts, etc.” Rule of Law Effectiveness (RoLE) Project of CMIS aims "to (1) reduce delay and prevent case congestion, as well as to generally speed up the pace of litigation, (2) strengthen judicial accountability and its integrity infrastructure, (3) enhance the capacity of Justices to manage caseload more efficiently and in a more convenient manner, (4) improve access to justice and public access to relevant information on cases, and (5) improve capacities for sound oversight planning, monitoring, and evaluation of court operations and performance and support better supervision of court operations."
Metropolitan Trial Courts' case loads consist of small claims cases, filed by indigents. The new Rule now provides for "an inexpensive and expeditious means to settle actions before first-level courts, excluding Sharia
(Arabic
: Circuit Courts, for money claims not exceeding Ph P100,000.00. No attorneys are allowed and user-friendly forms are provided. Decisions are also required to be rendered on the first day of hearing. The decision in a small claims case shall be final and unappealable, except extra-ordinary appeals through certiorari
." The Rule was promulgated by the Supreme Court of the Philippines
pursuant to its "Increasing Access to Justice Program" with support funds from the United States Agency for International Development
and the American Bar Association
-Rule of Law
Initiative.
Chief Justice of the Philippines
The Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
. Appointed on December 8, 2006 by President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
, he was the 22nd person to serve as Chief Justice. Puno had initially been appointed to the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
as an Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
on June 28, 1993.
Profile
Puno earned his law degree from the University of the PhilippinesUniversity of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...
. During his stay in the state university, he also served as editor of the Philippine Collegian. He would later finish post-graduate studies at the Southern Methodist University, Dallas, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
(Master of Comparative Laws), University of California, Berkeley
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
(Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
), and University of Illinois
University of Illinois at Urbana-Champaign
The University of Illinois at Urbana–Champaign is a large public research-intensive university in the state of Illinois, United States. It is the flagship campus of the University of Illinois system...
(finished all academic requirements of the degree of Doctor of Judicial Science).
Puno began his legal career in private practice. In 1969, he joined the law practice of his elder brother Isaac, a future judge whose murder at age 39 remains unsolved to date. In 1971, he joined the Office of the Solicitor General, where he would serve for the next nine years.
In 1980, Puno was appointed by President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...
as a Justice of the Court of Appeals
Philippine Court of Appeals
The Court of Appeals of the Philippines is the Philippines' second highest judicial court, just after the Supreme Court. The court consists of 68 Associate Justices and 1 Presiding Justice...
. He rejoined the executive department in 1984, this time as a Deputy Minister of Justice
Department of Justice (Philippines)
The Department of Justice , abbreviated as DOJ, is the executive department of the Philippine government responsible for upholding the rule of law in the Philippines...
. Upon the assumption into office of President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Corazon Aquino
Corazon Aquino
Maria Corazon Sumulong Cojuangco-Aquino was the 11th President of the Philippines and the first woman to hold that office in Philippine history. She is best remembered for leading the 1986 People Power Revolution, which toppled Ferdinand Marcos and restored democracy in the Philippines...
in 1986, Puno was reappointed to the Court of Appeals.
Puno has been praised for his erudite and literary writing style. His predecessor as Chief Justice, Artemio Panganiban
Artemio Panganiban
Artemio V. Panganiban , "The Renaissance Jurist of the 21st Century" was the 21st Supreme Court Chief Justice of the Philippines.-Early life and education:...
, once lauded Puno's writing in the following manner: "Like a trained surgeon, he uses his pen with razor-like precision to separate the excise fabrication from truth and pretension from reality. In the process, he gives life to populist causes and libertarian ideals. Darting, gutsy and erudite, he often wages lonely battles against conventional wisdom with his stirring dissents and insightful opinion." (Panganiban, Justice and Faith, p. 142)
Freemason
Chief Justice Reynato Puno is a Freemason and Past Grand Master of the Grand Lodge of the Philippines. MW Reynato S. Puno PGM is also a charter member of Jacques DeMolay Memorial Lodge No.305, and also a local member of Dagohoy Lodge No. 84.Supreme Court term
On June 28, 1993, PresidentPresident of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Fidel V. Ramos
Fidel V. Ramos
Fidel "Eddie" Valdez Ramos , popularly known as FVR, was the 12th President of the Philippines from 1992 to 1998. During his six years in office, Ramos was widely credited and admired by many for revitalizing and renewing international confidence in the Philippine economy.Prior to his election as...
appointed Puno as an Associate Justice of the Supreme Court
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
at the age of 53. He would serve in that capacity for the next 13 years. Upon the retirement of Justice Josue Bellosillo in 2003, Puno became the Senior Associate Justice.
Traditionally, the most senior Associate Justice was appointed to fill any permanent vacancy to the seat of the Chief Justice, though this tradition was not always observed. Upon the retirement of Chief Justice Hilario Davide, Jr.
Hilario Davide, Jr.
Hilario Gelbolingo Davide, Jr, GCSS is a former Ambassador/Permanent Representative of the Permanent Mission of the Republic of the Philippines to the United Nations in New York City....
in 2005, Puno, as the senior Associate Justice, was a leading candidate for appointment as the next Chief Justice. However, President Gloria Macapagal-Arroyo instead appointed Associate Justice Artemio Panganiban
Artemio Panganiban
Artemio V. Panganiban , "The Renaissance Jurist of the 21st Century" was the 21st Supreme Court Chief Justice of the Philippines.-Early life and education:...
as Chief Justice, marking the first time in 20 years that the senior Associate Justice was bypassed.
Justice Puno remained as the most senior Associate Justice for the twelve months of the term of Chief Justice Panganiban. Despite some speculation that President Arroyo would again bypass Puno and appoint either Associate Justice Leonardo Quisumbing
Leonardo Quisumbing
Leonardo A. Quisumbing was an Associate Justice of the Supreme Court of the Philippines. He was appointed by President Fidel Ramos in 1998 and retired as the most senior Associate Justice of the Court on his 70th birthday in 2009....
or Senator
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
Miriam Defensor-Santiago
Miriam Defensor-Santiago
Miriam Defensor Santiago is a Senator of the Philippines. She is a lawyer, former trial judge and professor of constitutional and international law. She served as the Commissioner of the Bureau of Immigration and Deportation in 1988 and the Secretary of the Department of Agrarian Reform from 1989...
as Chief Justice, Puno was appointed to the post within hours from the retirement of Panganiban. Puno denied speculations that he will retire from the
position of Chief Justice before May 17, 2010.
Performance rating
On January 7, 2008, the Social Weather StationsSocial Weather Stations
The Social Weather Stations or SWS is a public opinion polling body in the Philippines. It is a private, independent, non-partisan, non-profit scientific institute in the Philippines which conducts social surveys and does survey-based social science research and other educational activities, using...
(November 30 to December 3, 2007) survey
Statistical survey
Survey methodology is the field that studies surveys, that is, the sample of individuals from a population with a view towards making statistical inferences about the population using the sample. Polls about public opinion, such as political beliefs, are reported in the news media in democracies....
released the performance rating of Chief Justice Reynato Puno - 32% satisfied and 34% dissatisfied, or net –2, having been in single digit since March 2007.
Honors
Puno was named one of the Ten Outstanding Young Men (TOYM) of the PhilippinesPhilippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
award in the field of law in 1977. He was also one of the Outstanding Alumnus of the Alpha Phi Beta Fraternity - UP College of Law in 1975. Puno has also been awarded honorary degrees from the Wesleyan University-Philippines
Wesleyan University (Philippines)
Wesleyan University-Philippines is a private, non-stock, non-profit and non-sectarian university located in Cabanatuan City, Nueva Ecija, Philippines. Founded in 1946 as the Philippine Wesleyan College, it is named after John Wesley, the founder of Methodism.The university offers Pre-Elementary,...
(Doctor of Humanities) and Angeles University Foundation (Doctor of Laws).
In 1996, he was chosen the "Outstanding Alumnus" by the University of the Philippines College of Law
University of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...
.
2008 UPAA Most Distinguished Alumnus Awardee
Last June 21, Chief Justice Reynato S. Puno was awarded as the University of the Philippines Alumni Association (UPAA) Most Distinguished Alumnus during the 2008 UPAA Grand Centennial Alumni and Faculty Homecoming and Reunion at the Araneta Coliseum, Cubao, Quezon City with the theme UP and We the Alumni: Excellence, Leadership, and Service in the Next 100 Years.UP President Emerlinda R. Roman, UP Regents Gari M. Tiongco and Ponciano E. Rivera, Jr., and UPAA Board Secretary Marita P. Carag bestowed the award on Chief Justice Puno during the awarding ceremonies of the day-long celebration.
The 2008 UPAA Most Distinguished Alumnus is the top award given by the UPAA “to recognize UP alumni for their outstanding achievements that bring about substantial benefits to society and distinct honor to the University.”The UPAA conferred on Chief Justice Puno the award for using his UP education to “contribute to the welfare of the Filipinos and to the larger society.”
Chief Justice Puno won over around 200 nominees who were nominated for specific fields of involvement. He was nominated for the Public Service/Good Governance category by two organizations, the Alpha Phi Beta Fraternity Chancery (Alumni Association) and a lawyers’ group. The UPAA Awards Screening Committee decided to name Chief Justice Puno Most Distinguished Alumnus in light of the significant impact the Philippine Judiciary has had on the nation since he assumed the Court’s highest office.
In his response after the awarding ceremonies, Chief Justice Puno said that he views the awards given to him and fellow alumni, not as personal achievements but as recognition of the UP soul and spirit in their beings. “The UP spirit tells us that what is right and what is wrong is never decided by popular vote; that what is right and what is wrong is not resolved by the demagogueries in the market place. UP taught us the lesson there is no right be wrong, to do wrong and to go wrong,” he said.
He also predicted that “UP was pre-eminent in the last 100 years. I have no doubt, it will be preeminent in the next 100 years. We say ‘Push On UP,’ we are going to win.”
As the 2008 UPAA Most Distinguished Alumnus, Chief Justice Puno also spoke at the UP Alumni Council Meeting at the Bahay ng Alumni, UP Diliman, Quezon City last June 20.
At that event, Chief Justice Puno stressed that UP will be “an important center of gravity in our collective efforts to uplift the interest of our people and interlink with humankind’s drive towards universal peace and prosperity.”
He added that “the role of UP in difficult times will be decisive. It has to serve as our fresh fountain of knowledge and reverse our knowledge deficit. It has to be a laboratory of ideas, where old ideas are given the reverence of immutability, and where new ideas are given a tolerant eye. It must improve the quality of our democracy by helping break the monopoly of power of the elites and by halting their heartlessness to the many who cannot exercise their rights due to involuntary poverty.”
In closing, he said that “the UP must maintain its academic freedom, for any institution that searches and stands for truth, that resists expressions of liberty, that holds sacrosanct the right to inquire will most likely be scorned in a society where the powers that reign take comfort in the uniformity of ideas and shun multiformity of thoughts.”
An exhibit about Chief Justice Puno was also showcased at the Bahay ng Alumni, UP Diliman, Quezon City, and at the Araneta Coliseum, Cubao, Quezon City on June 20 and 21, respectively. His awards, magazine feature articles, photos, ponencias, and speeches as well as books written about him were displayed in the exhibit.
Chief Justice Puno graduated from the UP College of Law in 1962, with a Bachelor of Science in Jurisprudence degree and a Bachelor of Laws degree.
2008 WPPAC award
The World Peace PrizeWorld Peace Prize
-Mission:World Peace Prize is an initiative to promote world peace and inter-religious understanding. The Prize is awarded periodically to individuals who have contributed to the causes of world peace by preventing regional conflicts or world war; by settling the disputes of political, diplomatic...
Awarding Council (WPPAC) Chief Judge and Co-Founder Lester Wolff and WPPAC Executive Judge and Co-Founder Dr. Han Min Su, WPPAC Sec. Gen. Judge Dr. Asher Naim, and WPPAC Judge Dr. Mohammad A. Cholkamy, on October, recognized Puno as 2008 Human Cultural Asset International.
Family
Puno was married to Luzviminda T. Delgado-Puno (1940–2006), a lawyer who had been the Clerk of Court of the Supreme Court from 1993 to 2005. Luz Puno (daughter of Dr. Gregorio and Anastacia Delgado) graduated cum laude (Bachelor of Laws) in 1961 at the University of the East, and passed the Bar examinations of that same year, when she was just 21 years old. Their children and their spouses are Reynato, Jr. and Cheryl Mae H. Yap; Emmanuel and Rachelle Catherine Fabreo, and their only daughter Ruth Puno; their three grandchildren are Alessandra Isabelle, Laticia Raquelle and Elijah Rey Puno. Atty. Luzviminda D. Puno passed away at 5:10 am, April 12, 2006 at the St. Luke’s Medical Hospital, Quezon City due to complications from heart surgery. On April 25, 2007, Narcisa "Sisang" Serrano Puno, 92, mother of Chief Justice Reynato S. Puno, died at the Philippine Heart Center in Quezon City. Mrs. Puno was the widow of the late Atty. Isaac I. Puno Sr. Their children and their spouses were Judge Isaac Puno Jr. (who died due to an assassin’s bullet in 1977), and Rosella Jean Makasiar Puno, Atty. Leven Puno and Nelly Reyes Puno, Chief Justice Reynato and Atty. Luzviminda Delgado Puno, Dr. Carlito Puno and Dr. Magdalena N. Puno, Edwin Puno, Dr. Paul Puno and Procesa Bravo Puno, Dr. Myrna Puno Velasquez and Renato Velasquez, Isaac Puno III and Mary Resurreccion Tiambeng Puno, and Marilyn Puno Santiago and Rolando Santiago, and grandchildren.Extrajudicial Killings Summit
The 22nd PUNO Supreme Court is set to hold a National Consultative Summit on extrajudicial killings on July 16 and 17, 2007 at the Manila Hotel. Invited representatives from the three branches of the government will participate (including the AFP, the PNP, CHR, media, academe, civil society and other stakeholders). Puno will give the keynote speech and closing remarks. Puno searches for major solutions to solve forced disappearances. During the first day of the summit, the speakers will present their respective papers comprising significant inputs from their respective sectors, while on the second day, the participants will break out into 12 groups (chaired by a Justice) and take part in a workshop. Local and international observers (the diplomatic corps and representatives from various international organizations) will be accredited. Puno informed that "the summit highlight will be a plenary session where each of the 12 groups shall report to the body their recommended resolutions. The reports and proposals will be synthesized and then transmitted to the concerned government agencies for appropriate action". On the other hand, the earlier slated Malacañang-sponsored Mindanao Peace and Security Summit (July 8–10, 2007 at Cagayan de Oro City), would focus on how to make the anti-terror law, or the Human Security Act (HSA) of 2007, more acceptable to the public. It will probably steal the thunder from Puno's own summit on extrajudicial killings and forced disappearances.On July 16, 2007, Justices, activists, militant leaders, police officials, politicians and prelates attended the Supreme Court's two-day summit at the Manila Hotel in Manila City to map out ways to put an end to the string of extrajudicial killings in the country. Bayan was set to launch their "silent protest", but expressed support for the high court's initiative. Director Geary Barias, chief of the police's anti-killings Task Force Usig, Sen. Panfilo Lacson, Manila Mayor Alfredo Lim, Caloocan Bishop Deogracias Yñiguez, reelected party-list Representatives Satur Ocampo (Bayan Muna) and Crispin Beltran (Anakpawis) graced the affair. SC Chief Justice Reynato Puno said that the "National Consultative Summit on Extrajudicial Killings and Forced Disappearances: Searching for Solutions," would help stop the murders. Delegates were given 12 to 15 minutes each to share their insights and knowledge about the matter. Yniguez scored the government for failing to actively pursue investigations on the hundreds of killings, and the Catholic Church was alarmed that victims have been deprived of their "fundamental right" to live. Based on Yniguez-church's count, the number of victims of extrajudicial killings reached 778, while survivors of "political assassinations," was pegged at 370. He also noted 203 "massacre" victims, 186 people who involuntarily disappeared, 502 tortured, and others who were illegally arrested. Yniguez similarly criticized the government's alleged insistence to implement its Oplan Bantay Laya I and II, the military's counter-insurgency operation-plans which militants have said consider legal people's organizations as targets. Meanwhile, Bayan urged the Supreme Court to "check serious threats to civil liberties and basic freedoms" including the anti-terror law or the Human Security Act of 2007, which took effect on July 15 despite protests from leftist groups. Vice President Teofisto Guingona Jr. will join Bayan and other leftist groups as petitioners in their formal pleading before the Supreme Court challenging the constitutionality of the law. Human rights lawyer Atty. Edre Olalia of the International Association of People’s Lawyers (IAPL) will serve as lead counsel. Bayan chair Carol Araullo said the respondents will include members of the Anti-Terrorism Council headed by Executive Secretary Eduardo Ermita and Raul Gonzalez. Earlier, CBCP president Angel Lagdameo pointed out at least 5 provisions of the law that may threaten civil liberties: Sec. 19 allows detentions of mere suspects for more than three days in the event of an actual or terrorist attack, while Section 26 allows house arrest despite the posting of bail, and prohibits the right to travel and to communicate with others; Sec. 39 allows seizure of assets while Sec. 7 allows surveillance or wiretapping of suspects; Sec. 26 allows the investigation of bank deposits and other assets.
Puno SC summit called for truce, talks with insurgents, as the two-day summit ended: "Let us rather engage in the conspiracy of hope…and hope for peace." Puno said he would forward the summit's recommendation to President Gloria Macapagal-Arroyo, the Senate and House of Representatives. "In the clash of arms, the laws are silent. We need to reduce violence, create conditions conducive to less violence based on the rule of law," Associate Justice Conchita Carpio-Morales said in the report. One group recommended that Republic Act 9372 or the Human Security Act be declared unconstitutional. All the groups agreed that insurgency is not only a military but also a political problem and said a ceasefire would be a sign of the government’s goodwill and sincerity in forging genuine peace agreements with all rebel groups. They also recommended the use of the third-party approach to peace negotiations. Among the other recommendations of the summit are: -- for the Supreme Court to reexamine the case of Umil v. Ramos, which said rebellion and related crimes are continuing offenses, thus allowing the warrantless arrest of suspects; to carefully study the possibility of creating a new offense for the killings and assaults on journalists, judges and activities, akin to the law penalizing violence against woman and children; the establishment of sanctuaries where victims and witnesses can take refuge; for the President to certify and the Senate to ratify the Rome Statute, which established the International Criminal Court, and Protocol 1 of the Geneva Convention, which addresses the issue of making civilian populations or individual civilians the object of attacks; the enactment of a law addressing and accurately defining extrajudicial killings and enforced disappearances; a study on the use of the writ of Amparo for greater protection of Constitutional rights, and a more creative and resourceful application of the writ of habeas corpus; suspending the presumption of regularity in the performance of official duty in cases of extrajudicial killings and enforced disappearance; studying whether the government can continue invoking its immunity from suspension in cases of extrajudicial killings and enforced disappearances; allowing petitioners for the writ of habeas corpus to seek court orders to search the premises of police and military camps and stations in the presence of a representative from the Commission on Human Rights; requiring the Department of Interior and Local Government (DILG) to take DNA samples of unidentified cadavers for preservation in the Philippine National Police laboratory; the adoption of international standards of command responsibility; the enhancement of moral, ethical and constitutional values that put a premium on tolerance and the rule of law.
The CPP, however said that the abuses will continue “so long as the mastermind remains in power." “Extra-judicial killings and enforced disappearances will continue as long as the mastermind remains in power and enforces a deliberate state terrorist policy that sets the stage for gross violations of human rights." CPP spokesman Gregorio “Ka Roger" Rosal said that the New People’s Army (NPA) and people’s courts are conducting their own investigations and are intensifying efforts to investigate and resolve particular cases of extrajudicial killings and abductions. Rosal cited the case of Capt. Patrick Baesa, an intelligence officer under the notorious 901st Infantry Battalion, who was meted out revolutionary punishment last November 2006. Baesa, who was based in Irosin, Albay, was responsible for organizing the death squads which carried out the killings of Max Frivaldo, Ding Uy, Rei Mon Guran and Barangay Chairman Neal Futalan.“But ultimately it is the Arroyo regime and its top security and military officials who should be punished for these heinous crimes," he said. Further, former vice president Teofisto Guingona and BAYAN petitioned the Court to declare the Human Security Act (HSA) unconstitutional. The 89-page petition for certiorari and prohibition with a prayer for temporary restraining order against the implementation of the anti-terror law. Other petitioners were Gabriela, Kilusang Magbubukid ng Pilipinas, Movement of Concerned Citizens for Civil Liberties, state workers' group COURAGE, Kadamay, Solidarity of Cavite Workers, League of Filipino Students, HEAD, Anakbayan, Pamalakaya, Alliance of Concerned Teachers, Migrante and AGHAM.
Twin horrible deaths happened on / circa the same day last year, January 15, 2007, that the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
' (logo
Logo
A logo is a graphic mark or emblem commonly used by commercial enterprises, organizations and even individuals to aid and promote instant public recognition...
or seal
Seal (device)
A seal can be a figure impressed in wax, clay, or some other medium, or embossed on paper, with the purpose of authenticating a document ; but the term can also mean the device for making such impressions, being essentially a mould with the mirror image of the design carved in sunken- relief or...
) was mysteriously burned into halves by an almost one hour afternoon fire
Fire
Fire is the rapid oxidation of a material in the chemical process of combustion, releasing heat, light, and various reaction products. Slower oxidative processes like rusting or digestion are not included by this definition....
. Despite different appeals by local and international groups, the spate of extrajudicial killings in the Philippines continued. On January 15, 2008, Reynato Puno condemned the murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of Judge Roberto Navidad, Regional Trial Court, Branch 32, Calbayog City
Calbayog City
Calbayog City is a first class city in the province of Samar, Philippines. It lies along the coastal region of the province stretching about from the northern tip of the island and from southern boundaries...
, Samar
Samar
Samar, formerly and also known as Western Samar, is a province in the Philippines located in the Eastern Visayas region. Its capital is Catbalogan City and covers the western portion of Samar as well as several islands in the Samar Sea located to the west of the mainland...
, the 15th judge to be ambushed since July 20, 1999, the 14th under the Arroyo government. Just starting his engine, black Nissan Patrol
Nissan Patrol
The Nissan Patrol is a four-wheel drive vehicle manufactured by Nissan in Japan since 1951. In Japan since 1980, it has been known as the Nissan Safari. The Patrol is available in Australasia, Central and South America, South Africa, parts of Southeast Asia and Western Europe as well as Iran and...
SUV ( TPL-911), Natividad was shot in the face / left eye, at 7:10 p.m. Monday, by a lone gunman, 5’4" tall and medium-built, wearing black jacket, using a 45 caliber pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
. On Tuesday, Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
missionary
Missionary
A missionary is a member of a religious group sent into an area to do evangelism or ministries of service, such as education, literacy, social justice, health care and economic development. The word "mission" originates from 1598 when the Jesuits sent members abroad, derived from the Latin...
Rey Roda, Oblates of Marry Immaculate (OMI), 54, was shot dead at 8:30 p.m., when he resisted abduction attempt by unidentified 10 armed men in a chapel at ikud Tabawan village, South Ubian, Tawi-Tawi
Tawi-Tawi
Tawi-Tawi is an island province of the Philippines located in the Autonomous Region in Muslim Mindanao . The capital of Tawi-Tawi is Bongao. The province is the southernmost of the country sharing sea borders with the Malaysian State of Sabah and the Indonesian East Kalimantan province. To the...
, South Ubian. In February 1997, another OMI leader, Bishop Benjamin de Jesus was shot dead in front of the Jolo
Jolo
Jolo may refer to:* Jolo Island* Jolo, Sulu* Jolo, West Virginia* Jolo is also the nickname of Swedish author Jan Olof Olsson....
cathedral
Cathedral
A cathedral is a Christian church that contains the seat of a bishop...
. In 2006, the Asian Human Rights Commission
Asian Human Rights Commission
The Asian Human Rights Commission is an independent, non-governmental body, which seeks to promote greater awareness and realisation of human rights in the Asian region, and to mobilise Asian and international public opinion to obtain relief and redress for the victims of human rights violations...
stated that there had been 26 priests, pastors, and churchmen who were liquidate or were victims of violence under the Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
administration since 2001. This includes 3 priests who were reported killed just in 2007: Basilio Bautista of the Iglesia Filipina Reform Group, in Surigao del Sur
Surigao del Sur
' is a province of the Philippines located in the CARAGA region in Mindanao. Its capital is Tandag City and borders Surigao del Norte to the north, Agusan del Norte and Agusan del Sur to the west, and Davao Oriental to the south...
, Indonesian priest Fransiskus Madhu, in Kalinga province, and Catholic priest Florante Rigonan, in Ilocos Norte
Ilocos Norte
Ilocos Norte is a province of the Philippines located in the Ilocos Region in Luzon. Its capital is Laoag City and is located at the northwest corner of Luzon Island, bordering Cagayan and Apayao to the east, and Abra and Ilocos Sur to the south...
.
Writ of Amparo
On August 17, 2007 Puno said that the writ of amparoAmparo (law)
The writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions...
(Spanish for protection), would strip the military of the defense of denial (Volunteers Against Crime and Corruption's 9th anniversary celebration at Camp Crame). Under the writ, families of victims will have the right to access information on their cases—a constitutional right called the "habeas data" common in several Latin America countries. The final version of the rule, which will be made retroactive, will come out by next month. Puno stated that "In other words, if you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability."
On September 15, 2007, lawyer Neri Javier Colmenares
Neri Javier Colmenares
Neri Javier Colmenares is a Filipino Member of the Congress of the Philippines. Colmenares is human rights lawyer and is currently the President of the National Union of Peoples’ Lawyers , a national association of human rights lawyers in the Philippines...
(National Union of People's Lawyers) announced that the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
committee on the revision of rules
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
drafted the writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of amparo rules, which will be promulgated in October. The writ of amparo (Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
for protection) is a defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
to prevent extrajudicial killings and forced disappearance
Forced disappearance
In international human rights law, a forced disappearance occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the...
s. As supplement
Supplement
Supplement may refer to:* Dietary supplement* Bodybuilding supplement* Supplement, one of a pair of supplementary angles, considered relative to the other* Supplement * A role-playing or tabletop game supplement, see expansion pack...
, recourse to “Habeas Data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
,” to grant the right of access information on desaparecidos, will also be provided.
Historical Promulgation of Writ of Amparo
On September 25, 2007 Chief JusticeChief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Reynato Puno officially announced the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
' approval or promulgation
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
of the Writ of Amparo: "Today, the Supreme Court promulgated the rule that will place the constitutional right to life, liberty and security above violation and threats of violation. This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights. This rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production, inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold them accountable to our people. The sovereign Filipino people should be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice."
A.M. No. 07-9-12-SC, The Rule on Writ of Amparo
The Resolution and the Rule on the Writ of Amparo gave legal birth to Puno's brainchild. No filingFiling (legal)
In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline...
or legal fees is required for Amparo which takes effect on October 24 in time for the 62nd anniversary of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. Puno also stated that the court will soon issue rules on the writ of Habeas Data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
and the implementing guidelines for Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. The petition for the writ of amparo may be filed "on any day and at any time" with the Regional Trial Court, or with the Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
, the Court of Appeals, and the Supreme Court. The interim reliefs under amparo are: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection order (WPO, RA 6981).
International criticism
On September 28, 2007, the Asian Human Rights Commission
Asian Human Rights Commission
The Asian Human Rights Commission is an independent, non-governmental body, which seeks to promote greater awareness and realisation of human rights in the Asian region, and to mobilise Asian and international public opinion to obtain relief and redress for the victims of human rights violations...
(AHRC) criticized the Writ of Amparo and Habeas Data (Philippines)
Writ of Amparo and Habeas Data (Philippines)
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus . Amparo means protection, while habeas data is access to information...
for being insufficient: "Though it responds to practical areas it is still necessary that further action must be taken in addition to this. The legislative bodies, House of Representatives
House of Representatives of the Philippines
The House of Representatives of the Philippines is the lower chamber of the...
and Senate
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
, should also initiate its own actions promptly and without delay. They must enact laws which ensure protection of rights—laws against torture and enforced disappearance and laws to afford adequate legal remedies to victims." AHRC objected since the writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
failed to protect non-witnesses, even if they too face threats or risk to their lives.
Year Two
The Puno court held its first multisectoral meeting in 2007 to address the issue of Philippine Extrajudicial Killings and Desaparecidos. Puno announced that his Court will hold the 2nd summitSummit (meeting)
A summit meeting is a meeting of heads of state or government, usually with considerable media exposure, tight security and a prearranged agenda.Notable summit meetings include those of Franklin D...
, dubbed as “Forum on Increasing Access to Justice: Bridging Gaps and Removing Roadblocks,” which will be held simultaneously in 3 venues in Luzon, the Visayas and Mindanao from June 30 to July 1, 2008 via videoconferencing. The “Access to Justice for the Poor Project” was implemented on June 30, 2008 in 36 municipalities in the 15 poorest provinces, with the assistance of the Department of Social Welfare and Development (DSWD), Department of Interior and Local Government (DILG), the Department of Justice (DOJ) and the Alternative Law Groups Inc. The forum “Increasing Access to Justice” found that aside from poverty, exorbitant legal fees and the infrequent use of Tagalog during court hearings also affected judicial access.
Justice on Wheels (JOW) Project
Puno and Alfredo LimAlfredo Lim
Alfredo Siojo Lim is the incumbent Mayor of the City of Manila and a former senator of the Philippines. A widower, he first served as mayor of Manila from 1992 to 1998 and returned to that post after winning in the 2007 mayoral election.-Early life and career:Born on December 21, 1929 in 1324 J...
, on July 9, 2008, re-launched the Supreme Court’s Justice on Wheels (JOW) Project, to improve access of justice to the poor, specifically, those who are above 70 years, and detainees whose cases had dragged for longer periods than prescribed by law. The justice-on-wheels program, borrowed from Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
justice system, was first launched in the Philippines on 2004 with World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
and Asian Development Bank
Asian Development Bank
The Asian Development Bank is a regional development bank established on 22 August 1966 to facilitate economic development of countries in Asia...
funds. 4 buses were converted into mobile courtrooms, to have served Manila and other regions. The Manila City Jail was built for only 1,000 inmates but is now crammed with 4,602.
Case Management Information System (CMIS)]
The United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
donated 50 computer units and other related equipment to the High Tribunal during the July 23, 2008 launching of the Case Management Information System (CMIS) by Reynato Puno and Kristie Kenney
Kristie Kenney
Kristie Anne Kenney is an American diplomat and the current United States Ambassador to Thailand. She previously served as the United States Ambassador to the Republic of the Philippines. She is the first female U.S. Ambassador to both countries...
, to reduce the judiciary’s case backlog and congested dockets.The computers are part of the US $ 650,000 US Agency for International Development (Usaid) grant for the CMIS, "to develop the software, build the information structure, for technical assistance and training of the justices and court personnel (of the SC, Court of Tax Appeals, Court of Appeals and the Sandiganbayan)."
Puno said: "We have our zero backlog program; we continue to review, revise and simplify the Rules of Court; we have established special courts, etc.” Rule of Law Effectiveness (RoLE) Project of CMIS aims "to (1) reduce delay and prevent case congestion, as well as to generally speed up the pace of litigation, (2) strengthen judicial accountability and its integrity infrastructure, (3) enhance the capacity of Justices to manage caseload more efficiently and in a more convenient manner, (4) improve access to justice and public access to relevant information on cases, and (5) improve capacities for sound oversight planning, monitoring, and evaluation of court operations and performance and support better supervision of court operations."
Small Claims Court Pilot Project
On September 30, 2008, Puno officially launched the Small Claims Court Pilot Project, the "Rule of Procedure for Small Claims Cases" (AM No. 08-8-7-SC), effective in 22 pilot courts, per A.M. No. 141-2008. 70% of Metro ManilaMetro Manila
Metropolitan Manila , the National Capital Region , or simply Metro Manila, is the metropolitan region encompassing the City of Manila and its surrounding areas in the Philippines...
Metropolitan Trial Courts' case loads consist of small claims cases, filed by indigents. The new Rule now provides for "an inexpensive and expeditious means to settle actions before first-level courts, excluding Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
: Circuit Courts, for money claims not exceeding Ph P100,000.00. No attorneys are allowed and user-friendly forms are provided. Decisions are also required to be rendered on the first day of hearing. The decision in a small claims case shall be final and unappealable, except extra-ordinary appeals through certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
." The Rule was promulgated by the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
pursuant to its "Increasing Access to Justice Program" with support funds from the United States Agency for International Development
United States Agency for International Development
The United States Agency for International Development is the United States federal government agency primarily responsible for administering civilian foreign aid. President John F. Kennedy created USAID in 1961 by executive order to implement development assistance programs in the areas...
and the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
-Rule of Law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
Initiative.
External links
- Supreme Court of the Philippines
- manilatimes.net, CJ’s official profile
- manilatimes.net, Chief Justice Puno: Times Person of the Year
- www.gmanews.tv, List of 15 JUDGES KILLED SINCE 1999
- www.manilatimes.net, Manila Times List of 15 JUDGES KILLED SINCE 1999
- A.M. No. 08-8-7-SC, RULE OF PROCEDURE FOR SMALL CLAIMS CASES, EFFECTIVE OCTOBER 1, 2008
- Small Claims Court Pilot Project Launched