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Sec 11.

Free access to Courts bono work before admission to the bar ae exempted
from the rule.
New lawyers required to give free legal services
Christopher Lloyd Caliwan, Philippine News Agency
October 21, 2017 This rule is not intended to impair the private
practice or employment of covered lawyers. Barring
MANILA, Philippines Beginning with those who any conflict of interest or any other violation of the
pass this years bar exams in November, new Code of Professional Responsibility, covered
lawyers will be required to provide 120 hours of pro lawyers can engage in private practice and accept
bono legal services to poor litigants, in keeping with paid clients or be employed in the government or in
the constitutional guarantee of free access to the the private sector within the 12-month period for
courts and quasi-judicial bodies. compliance, the high court said.

The Community Legal Aid Service Rule issued by Sec 12. Rights of Person Under Custodial
the Supreme Court en banc, dated October 10, Investigation
notes that the legal profession is imbued with public
interest. House-to-house 'Tokhang' may be
unconstitutional, says SC justice
As such, lawyers are charged with the duty to give Ina Reformina, ABS-CBN News
meaning to the guarantee of access to adequate Posted at Nov 28 2017 08:39 PM
legal assistance under Article III, Section 11 of the A magistrate of the Supreme Court (SC) has found
1987 Constitution, it said. As a way to discharge issue with the house-to-house visitations conducted
this constitutional duty, lawyers are obliged to render by the police in their war on drugs, as oral
pro bono services to those who otherwise would be arguments on two consolidated petitions against the
denied access to adequate legal services. campaign resumed Tuesday.

The high court said lawyers are obliged to ensure Associate Justice Francis Jardeleza, in his
peoples access to legal services in an efficient and interpellation of Solicitor General Jose Calida,
convenient manner compatible with the pointed out that stage 3 of Project: Tokhang under
independence, integrity and effectiveness of the assailed Philippine National Police Command
profession. Memorandum Circular (CMC) No. 16-2016 may be a
violation of people's right to be secure in their
persons, houses, and effects.
The Office of the Bar Confidant and the Integrated
Bar of the Philippines are tasked to oversee Isnt that custodial investigation which triggers the
compliance with the rule, which gives new lawyers a police to warn the suspect or person of interest that
year from signing the roll of attorneys to complete before he even answers any question he has the
the 120 hours of free legal services, in criminal, civil right to a lawyer?" he said.
and administrative cases. Public interest cases and
legal issues that affect the society are also accepted. "I submit to you, Mr. SolGen, when the police under
Project: Tokhang knock on the door, effectively they
However, new lawyers who can present valid have invited themselves into the home of the
reasons can ask the OBC for an extension of up to suspect and that is a violation of the definition of
two years to comply with the rule. custodial investigation. If the police cannot invite you
to the station, the police cannot under the same
circumstances invite themselves into your home, he
Aside from poor litigants, individuals and groups who added.
cannot be served by the Public Attorneys Office due
to conflict of interest are also entitled to pro The magistrate explained that stage 3 of Project
bono legal aid. Tokhang violates section 2 of Republic Act (RA) No.
7438, which defines the rights of persons arrested,
detained, or under custodial investigation, and the
New lawyers already working in the executive and
duties of the concerned arresting, detaining, and
legislative branches six months before passing the
investigating officers.
bar and those who have already rendered pro
You have effectively transferred the police station to I was briefed that if the information is filed, an arrest
the house... especially if it is done in the evening, warrant is automatically issued. We decided to
wee hours of the morning. Im concerned about this exercise my right to bail. We just prepared for it,
stage 3, and to my mind, thats a violation of the Aquino said in Filipino during a press conference in
rights of the suspect or if you call him the target' or his house on Times Street in Quezon City.
you call him the 'person of interest' of his right
against self-incrimination, Jardeleza said, adding He has always said that he is ready to face charges
the issuance of a temporary restraining order (TRO), against him and he has always signified his
specifically to halt stage 3, may be warranted. cooperation with the legal process, Aquinos
spokesperson, Abigail Valte, told the Inquirer.
Stage 3 of Project Tokhang is described as the
highlight of the project, "whereby a team is first The court took Aquinos fingerprints as part of the bail
organized [t]he designated team leader is requirements. The former President also submitted
mandated to ensure the presence of the Provincial, six pictures in lieu of a mugshot.
City, Municipal or Barangay Drug Abuse Council and
barangay tanods to assist them and to serve as Aquino posted a P40,000 bail in cashP30,000 for
witnesses in the conduct of the house-to-house the graft case and P10,000 for the usurpation of
visitations. authority charge.

"CMC No. 16-2016 further requires that this visitation He arrived at the Sandiganbayan at 4 p.m. just hours
be done in a manner that shall not violate the rights after the case landed in the Third Division, chaired by
of the subject. Any person who is willing to undergo Presiding Justice Amparo Cabotaje-Tang, whom the
voluntary rehabilitation shall be processed former President appointed to head the antigraft court
accordingly, Calida told the high court during his in October 2013.
opening statement.
First appointee
In response to Jardelezas observation, the top With Tang in the division are Associate Justices
government lawyer explained stage 3 is not only Bernelito Fernandez and Sarah Jane Fernandez.
limited to the presence of policemen, but also Bernelito Fernandez, a former Quezon City Regional
mandates the presence of the above-mentioned Trial Court judge, is President Dutertes first
civilian officers. appointee to the Sandiganbayan. He is son of a
This is not a mere police intervention, Calida Marcos-era Tanodbayan justice.
explained.
Sarah Jane Fernandez was one of the last court
appointees of Aquino. She was an assistant solicitor
Sec 13. Right to Bail general before the former President appointed her to
the Sandiganbayan in May 2016.
Aquino posts bail ahead of arrest order
The former President was accompanied to the
By: Nikko Dizon - Reporter / @NikkoDizonINQ Sandiganbayan by his sisters Ballsy, Pinky and Viel;
Philippine Daily Inquirer / 07:01 AM November 11, 2017 brother-in-law, Manolo Abellada; nephew Miguel
Abellada; cousin Sen. Bam Aquino; political allies,
Former President Benigno Aquno III heads for the including Sen. Frank Drilon, Rep. Bolet Banal, former
Sandiganbayan to post bail. JOAN BONDOC Cabinet members Edwin Lacierda, Jun Abaya,
Former President Benigno Aquino III on Friday posted Proceso Alcala, and Mel Sarmiento; and his personal
a P40,000 bail for the usurpation of authority and graft staff.
charges the Office of the Ombudsman had filed
against him in connection with the 2015 Mamasapano Ombudsman prosecutors charged Aquino with
debacle that resulted in the deaths of 44 police usurpation of authority for allowing the involvement of
commandos. suspended Philippine National Police Director
General Alan Purisima in the planning and execution
Aquino posted bail at the Sandiganbayan five hours of Oplan Exodus, the police operation to get
after the case was raffled off to the antigraft courts Malaysian terrorist Zulkifli bin Hir, alias Marwan.
Third Division.
The graft information stated that Aquino unlawfully
persuaded, induced or influenced Purisima to violate
the PNP chain of command and the Ombudsmans This is a sad day for justice in this country that the
preventive suspension order. Chief Justice, who has fought steadfastly to uphold
the Constitution and the rights of the citizens, has
Asked if she would inhibit herself from Aquinos trial, now been denied her own constitutional rights,
Tang said that being an appointee of the former Deinla said.
President was not a legal ground for inhibition.
The court will never shirk from its responsibility to Deinla cited Rule 115 of the Rules of Criminal
dispense justice. There are legal grounds for inhibition Procedure, which provides for the rights of the
and having been appointed by the accused is not one accused, including the right to counsel and cross-
of the legal grounds for inhibition, she said. examination.

Tang said the records of Aquinos case would now be


Under the Constitution, the right to be heard and be
transmitted to the Third Division which would
defended by counsel in all stages of a criminal
determine the existence or absence (of probable
proceeding is a very basic right of an individual,
cause).
which not even the honorable committee, indeed
Congress, can take away from a respondent in an
impeachment proceeding, she said.
Sec 14 Rights of the Accused

Sereno decries violation of rights Despite the setback, Serenos lawyers said the Chief
Justice remained optimistic that she would have her
(The Philippine Star) | Updated November 23, 2017 - day in court and that they would instead focus on the
12:00am trial in the Senate.

MANILA, Philippines The camp of Chief Justice


The Chief Justice is eager to defend herself
Maria Lourdes Sereno yesterday slammed the
consistent with her rights and looks forward to her
House of Representatives justice committee for
trial before the Senate, where she is hopeful her
violating her constitutional rights when it disallowed
rights will be fully respected, she said.
her lawyers to cross-examine the complainant
Lorenzo Gadon and his witnesses in the
impeachment complaint against her. Deinla said the majority of the committee
disregarded Serenos fundamental rights as a
respondent in an impeachment proceeding.
In a statement, lawyers of the Supreme Court (SC)
chief claimed that the decision of the House panel
violated her constitutional right to counsel and due Serenos camp also cited the disclosure of Gadon in
process of law. the hearing yesterday that his source of information
for an SC Internal Memorandum is no other than
Associate Justice Teresita de Castro, who allegedly
The committee decision to prohibit the lawyers of
relayed the information to Manila Times reporter
the Chief Justice from (participating in) the hearing is
Jomar Canlas.
tantamount to barring CJ Sereno herself and belies
their claim of an open and democratic process that
honors the right to a fair trial, they said. If indeed true, this reveals that Justice De Castro
clearly violated the Internal Rules of the SC. The
Internal Rules of the SC prominently safeguards the
It is apparent that the pursuit of truth has been put
confidentiality of its sessions and internal
aside in favor of biased political interest, Serenos
documents, Deinla said.
lawyers said.
Specifically, the SC sessions are executive in
Lawyer Josa Deinla, one of the spokespersons for
character, with only members of the SC present. The
Sereno, argued that while the House has the
SC deliberations are confidential and shall not be
exclusive power to initiate all cases of
disclosed to outside parties, except if authorized by
impeachment it can conduct the impeachment
the SC, she said.
process only in accordance with the standards
imposed in other provisions in the Constitution,
including the fundamental rights of the respondent. De Castro, in a brief statement issued by the SC
public information office, denied Gadons claim.
I have never released to Canlas any information,
report or document regarding the work of the Court,
she said.

Sec 15. Privilege of the Writ of Habeas Corpus

Duterte suspends privilege of writ of habeas


corpus in Mindanao
By VJ Bacungan, CNN Philippines
Updated 13:32 PM PHT Thu, May 25, 2017

Metro Manila (CNN Philippines, May 24)


President Rodrigo Duterte said on May 24 that he is
allowing warrantless arrests for those connected to
the rebellion in Mindanao.

This comes a day after he declared martial law there


following clashes between government forces and
the Maute group in Marawi City.

The fighting has resulted in six dead and caused


hundreds of residents to flee to nearby cities.

"By virtue of the powers vested in me by the


Constitution and by law, I had to declare martial law
in the Mindanao group of islands for a period not
exceeding 60 days effective as of May 23, 2017," he
said in a prepared speech after arriving from his
official visit to Russia.

"The privilege of the writ of habeas corpus is likewise


suspended in the aforesaid area for the duration of
martial law," he added.

Duterte also said he may extend the coverage of the


suspension of privilege of the writ of habeas
corpus to include the Visayas.