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Can SC reverse ruling on deputy ombudsman?

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islander

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Can SC reverse ruling on deputy ombudsman?
« Reply #1 on: January 31, 2018, 01:57:09 PM »

"OP (Office of the President) wants to revisit that ruling...OP [is] confident it can reverse anew," Roque said on Monday.

"It will have to be Carandang [who files a case], because he's the one suspended," Mendoza said in a phone interview with Rappler.

Carandang may even apply for a temporary restraining order (TRO) at this point.

"My office is ready to defend the action of the Office of the President in suspending Carandang. We are confident that the Supreme Court will reverse its 2014 ruling," Solicitor General Jose Calida said on Tuesday, January 30.

Carandang was suspended for alleged illegal disclosure of bank details of President Rodrigo Duterte and the first family. Carandang leads the Ombudsman's investigation into Duterte's alleged ill-gotten wealth.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=89117.msg655802#msg655802
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: Can SC reverse ruling on deputy ombudsman?
« Reply #3 on: January 31, 2018, 01:58:20 PM »

Though he personally believes the 2014 ruling is correct, Mendoza said the High Court can always reconsider.

Mendoza said, however, that it is wrong to brand it as a reversal.

"You do not reverse because the SC is the last of a hierarchy, there's no other place to appeal but the SC. If the decision is already final, you cannot ask to reverse it," he said.

Mendoza added, "In another case, and the same question is raised, the party in the second case can ask SC to reconsider its ruling."

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=89117.msg655804#msg655804
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: Can SC reverse ruling on deputy ombudsman?
« Reply #4 on: January 31, 2018, 01:59:54 PM »

In the event that the SC decides to put it to a vote, there's uncertainty for Carandang.

The vote in 2014 was 8-7. Of the 8 votes, only Associate Justices Presbitero Velasco, Teresita Leonardo-de Castro, Lucas Bersamin, and Marvic Leonen are sitting justices.

Of the 7 dissenting votes, Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio, and Associate Justices Diosdado Peralta, Mariano del Castillo, and Estela Perlas-Bernabe remain in the SC.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=89117.msg655805#msg655805
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: Can SC reverse ruling on deputy ombudsman?
« Reply #5 on: January 31, 2018, 02:00:39 PM »

Who can discipline Ombudsman execs?

The main question is: if not the President, then who can discipline officials from the Office of the Ombudsman?

"To me, the one who can discipline them is the Ombudsman, not the President," Mendoza said.

Mendoza added that he personally believes the 2014 SC ruling is correct in that "the Office of the Ombudsman is an independent agency."

Calida, citing Carpio's dissenting opinion then, said that "the independence of the Office of the Ombudsman is not the same as the independence provided to other governmental bodies such as the Judiciary."

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=89117.msg655806#msg655806
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

*

islander

  • *****
  • 46828
  • If you're from Pluto, you're welcome.
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

*

islander

  • *****
  • 46828
  • If you're from Pluto, you're welcome.
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

*

islander

  • *****
  • 46828
  • If you're from Pluto, you're welcome.
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

 

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