EARN MARK HANZELLE P.

CATANGAL BSAR-4A
 Republic of the Philippines

Commission on Higher Education

DON HONORIO VENTURA TECHNOLOGICAL STATE

UNIVERSITY

Bacolor, Pampanga
COLLEGE OF ENGINEERING AND ARCHITECTURE

LEGAL CASES AND

COURT
PROCEEDINGS IN
THE
PHILIPPINES
Prepared by:
CATANGAL, EARN MARK HANZELLE P.
BSAR-4A

Submitted to:
Sir. Santiano

If 2016 saw the Supreme Court (SC) acquitting former President Gloria
Macapagal Arroyo of plunder and allowing a hero’s burial for dictator
Ferdinand Marcos, 2017 will be remembered for having a sitting senator
was jailed, giving Benigno Aquino III his first ever charge in court after his
presidency, and debating President Rodrigo Duterte’s war on drugs before
the High Tribunal.
Here are the high-stakes judgments, decisions, preliminary investigations,
and progress in the 12 biggest cases of 2017

1. The De Lima drug case

ARRESTED. Senator Leila de Lima is arrested on February 24, 2017. Photo
sourced by Rappler
After a public trial at the House of Representatives, the Department of
Justice (DOJ) prosecuted and charged Senator Leila de Lima for 3 counts of
illegal drug trade in February.
She lost her petition before the SC to a vote of 9-6.
Senior Associate Justice Antonio Carpio called it one of the "grossest
injustice" in the Philippines, while Associate Justice Marvic Leonen called
the case "quintessentially the use of the strong arm of the law to silence
dissent."
Nine months since being jailed in Camp Crame, she has yet to go to trial, as
the DOJ makes changes to the information it filed against senator.
2. Martial law in Mindanao

The Supreme Court upheld Duterte’s declaration of martial law in

Mindanao.
The High Court’s ruling gave the President a free hand in determining the
existence of rebellion, a constitutional pre-requisite to declaring martial
law.

Associate Justice Mariano del Castillo’s ponencia also granted Duterte “the
prerogative whether to put the entire Philippines or any part thereof under
martial law.”
Martial law was supposed to lapse December 31, but Duterte's request to
extend it for another year was granted by Congress before it went on
Christmas break.
3. Aquino’s Mamapasano charges

A year and a half after stepping down, former President Aquino faced his
first ever court charge before the anti-graft court Sandiganbayan.
The former president is set to undergo trial for one count each of graft
and usurpation of official functions over the botched 2015 Mamasapano
operations that resulted in the deaths of 44 elite cops, as well as 18 rebels
and 5 civilians.
Aquino is charged for allowing dismissed police chief Alan Purisima to
participate in planning and directing the operation despite being under
preventive suspension at the time. Aquino has posted bail.

4. War on drugs
ORAL ARGUMENTS. Police chief Ronald "Bato" dela Rosa is compelled to
the Supreme Court to defend Oplan TokHang. Photo by Ben
Nabong/Rappler
Duterte’s flagship anti-drugs campaign was debated before the Supreme
Court in 3 days of oral arguments that ended early December. (Read
Highlights of the oral arguments: Day 1 | Day 2 | Day 3)
The two petitions covered all bases of the campaign.
The Free Legal Assistance Group (FLAG) is questioning the constitutionality
of the circulars that operationalized the war on drugs, while the Center for
International Law (CenterLaw) is requesting protection orders for kin of
victims of alleged police killings and a thorough investigation of those
killings.
Before the SC could even reach a decision, Senior Associate Justice Antonio
Carpio made the bold move of compelling the Office of the Solicitor
General to provide full documentation of not just the killings in cited in the
petition but all 3,806 deaths that the police acknowledged had resulted
from their operations.

5. Jinggoy Estrada’s bail

FREE. After 3 years and 3 months in detention, former Senator Jinggoy
Estrada is set free after Sandiganbayan Special 5th Division grants him bail.
Photo by Jasmin Dulay/Rappler
Under extraordinary circumstances, the Sandiganbayan granted bail to
former Senator Jinggoy Estrada for the non-bailable charge of plunder over
the multi-billion-peso pork barrel scam.
The majority ruling cited the Supreme Court's 2016 acquittal of former
President Arroyo, and said there was no sufficient evidence to say Estrada
was the main plunderer. A source from the judiciary described the ruling as
an "institutional impunity."

Estrada’s trial is ongoing before the Sandiganbayan.

Instead of following in Estrada's footsteps, Senator Ramon "Bong" Revilla Jr
went for the high-risk, high-reward strategy of moving for the outright
dismissal of plunder charges against him. He, however, faceda giant
roadblock after the Sandiganbayan First Division denied his motion to be
excused from presenting his own evidence.

6. Napoles acquittal in detention case

In May, the Court of Appeals 12th Division acquitted alleged pork barrel
scam mastermind Janet Lim-Napoles for the charge of serious illegal
detention, reversing the conviction of a Makati court.
It followed a manifestation from Solicitor General Jose Calida
recommending her acquittal.
Though Calida claims that the acquittal will not affect the plunder cases,
Napoles’ lawyers are using it nonetheless to undermine the credibility of
pork barrel scam witness Benhur Luy. Luy was the complainant in the
serious illegal detention case, alleging that Napoles and her brother
detained him when they sensed he was doing his separate operations
involving the discretionary funds of lawmakers.
Napoles’ lawyer Dennis Buenaventura is confident that the credibility issue
will help them secure freedom for the businesswoman in "less than 2
years."
Her youngest daughter Jeane was also acquitted this year after the Court
of Tax Appeals dismissed her P17 million tax evasion case after finding the
DOJ's evidence insufficient.
7. Shabu shipment

Despite the Duterte government's policy of a crackdown on illegal drugs,

P6.4 billion worth of shabu from China managed to pass through the
Bureau of Customs (BOC) in May.
It triggered congressional investigations that dragged the names of
presidential son Davao City Vice Mayor Paolo Duterte and presidential
son-in-law lawyer Manases Carpio.
The Department of Justice dismissed the complaint against former
customs commissioner Nicanor Faeldon, and only filed charges against
broker Mark Taguba and other Chinese businessmen before the Valenzuela
Regional Trial Court.

8. Police killings
JUSTICE FOR KIAN. A thousand came for the burial of Kian Loyd delos
Santos as he is laid to rest on August 26, 2017. Photo by LeAnne
Jazul/Rappler
The DOJ is set to issue its resolution on the murder cases of Kian Lloyd
delos Santos and Carl Angelo Arnaiz, who were allegedly killed by
policemen.
The deaths of the young boys triggered public outrage, especially after
CCTV footage, forensics, and conflicting police reports point to summary
execution instead of the police’s often-used defense of "nanlaban" or the
suspects fighting back.
9. Atio Castillo hazing case

The DOJ is also set to issue its resolution on the murder, hazing, and
perjury complaint against members of Aegis Juris fraternity for the death of
University of Santo Tomas freshman law student Horacio “Atio” Castillo III.
The preliminary investigation wrapped up with John Paul Solano – initially
seen as a whistleblower – leading the pack of suspects with what they
consider their strongest defense: that Castillo did not die of injuries or
trauma from hazing, but possibly from a pre-existing heart condition.
The DOJ’s biggest asset also came toward the tailend of the preliminary
probe: frat member Mark Ventura submitting a tell-all affidavit and turning
state witness.
10. Election protest

PROTEST. Former senator Ferdinand 'Bongbong' Marcos Jr pays a cash

deposit of P36 million to the Supreme Court sitting as Presidential Electoral
Tribunal for his electoral protest against VP Leni Robredo. Photo by Jasmin
Dulay/Rappler
Ferdinand Marcos Jr’s electoral protest against Vice President Leni
Robredo saw substantive developments this year at the Supreme Court
sitting as the Presidential Election Tribunal or PET.
The Commission on Elections (Comelec) has begun decrypting ballot
images for the 3 pilot provinces of Camarines Sur, Iloilo, and Negros
Oriental.
On December 1, the PET approved Robredo’s request to be provided soft
copies of the ballot images.

Marcos’ protest suffered a setback when the PET upheld in September the
integrity of the 2016 automated elections. One of Marcos’ motions was to
question the integrity of the automated system and so annul the results of
the polls.

11. Malampaya fund scam

After clearing Gloria Arroyo in the P900-million Malampaya fund scam, the
Office of the Ombudsman also dropped the plunder charges against
executives of the Arroyo administration.

Napoles, former budget chief Rolando Andaya Jr, and former agrarian
reform secretary Nasser Pangandaman were instead charged this
December for 97 counts each of graft and malversation.
The P900 million calamity fund scam is only a parcel of a
total P38-billion disbursement anomaly, into which the Commission on
Audit recommended a criminal investigation.

12. Imelda Marcos’ graft cases

Sandiganbayan is set to render judgement on 10 graft charges against
former first lady, and now Ilocos Norte representative, Imelda Marcos in a
corruption case that had lasted 26 years.
It involves the former first lady’s alleged private foundations in Switzerland
until 1984.

Reference:
https://www.rappler.com/nation/190900-philippines-biggest-cases-yearen
d-2017