former Commissioner on Human Rights and former Assistant Ombudsman, is a practicing lawyer and a member of Philconsa.

Testimonials

"It is but proper and fitting that this Court commend the unfaltering and very able assistance rendered to the accused, seen from the excellent presentation made of his case, particularly by his defense counsel, Atty. Abelardo L. Aportadera, Jr., of Davao City, who unstintedly and magnanimously contributed his legal talents and efforts in the hope that justice may ultimately prevail." X X X

Supreme Court Decision in 'People of the Philippines - versus- Lucio Lumayok' G.R. No. L-54016

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  • Supreme Court Cannot Void CJ Appointment Nor Can SC Remove CJ
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    The Supreme Court cannot void Sereno appointment. Under the Constitution, Sereno passed through the Judicial Bar Council as qualified and the prerogative to appoint from among the recommended nominees of the JBC rests upon the President. To remove Sereno, let the Senate sitting as Justices of the Impeachment Court do their task of hearing and decision on Sereno's fate
    Date posted - 05/03/2018

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  • JBC Members Should Resign.
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    The Judicial and Bar Council (JBCFilipinoSangguniang Panghukuman at Pang-abogasya) of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman, Deputy Ombudsman and the Special Prosecutor.

    The members of the Judicial Bar Council should stand up and take issue on the assault against CJ Maria Lourdes A. Sereno on her qualifications to be a Justice of the Supreme Court. 

    What did the members of the Judicial Bar Council do with the credentials and evaluation reports of CJ Maria Lourdes A. Sereno on her competency, mental health, and required documents to qualify?

    It seems that with the issues being brought against the Chief Justice, the members of the Judicial Bar Council is primarily to be blamed for recommending her to be appointed as Associate Justice and later as Chief Justice of the Supreme Court.

    They should resign for failing in their constitutional duty to safeguard the Judiciary.



    Date posted - 28/02/2018

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  • MERRY CHRISTMAS AND A HAPPY NEW YEAR!!!
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    2017 ends with so many issues still left hanging and unresolved.....Human rights, EJK, ISSIS,NPA, Detention of Senator Lina, Impeachment of CJ Sereno, Bangsamoro, Federalism, West Philippine Seas, etc.

    2018 begins with TRAIN.....

    We hope the New Year brings more concrete and positive developments for our country more specifically in Agriculture.

     

    Date posted - 23/12/2017

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  • Impeaching A President
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    Article XI
    Accountability of Public Officers

    Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

    Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office , on impeachment for, and conviction of , culpable violation of the Constitution , treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. xxx

    Section 3 (1) The House of Representative shall have the exclusive power to initiate all cases of impeachment.

    xxx

    Date posted - 21/02/2017

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  • Declaring Martial Law - 1987 Philippine Constitution
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    ARTICLE VII - THE EXECUTIVE BRANCH

    SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

    The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

    The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

    A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

    The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

    During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.


    Date posted - 16/01/2017

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  • Thoughts On America's Defense Policy In The West Coast
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    The West Coast of the United States of America is defensively protected by its allies, Japan, Taiwan and the Philippines. These countries provide as defensive buffers against threat from China, Russia and North Korea. Consequently the United States will be wary and jittery if any of its Allies in the Pacific would shift its alliance away from the United States. It would result in a gap in its defensive buffers. 
    Date posted - 12/01/2017

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  • Politics Of Personaliry
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    The world is seeing a confusing scenario in the Philippine Political Scene. Political parties are mere political convenience groups. No one political party, the Liberal Party, UNA, the Nacionalista Party, National People's Coalition, and other groups have no distinctive identities based on platforms and program of governance.

    Only two groups have fielded presidential candidates, LP and UNA. The others who have declared their presidential ambition are going their independent ways.

    The vice-presidential candidates are running based on their perceived personal charisma to attract voters and to win. There candidates running without any presidential tandem.

    When campaign period formally starts next year, the group that has the political machinery and the funds to fuel it will win.

    In the end, the Philippines will still end up where it started....no direction from the national leadership...just slogans which are re-coined from previous political slogans

    Date posted - 08/10/2015

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  • Testing The Mettles Of The Supreme Court
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    The Supreme Court has just struck down PDAF as unconstitutional. This is the provision of law that Congress passed and enacted into law by the President's approval. Now next in line is the issue on the constitutionality of DAP, the unbudgeted lump sum funds at the disbursal of the President. There is no law supporting DAP but just an executive creation of lump sum funds. Anytime soon, the Supreme Court will render its ruling. As the public awaits, rumors float on attempts to influence the supreme magistrates to rule in favor of the President. Attempts to draw lines within the SC based on who appointed them are speculated. This is the test of the independence of the Supreme Court on how they as a collegiate body would decide the issue and how the individual Justices would opine. How will presidential pork be resovled?
    Date posted - 26/11/2013

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  • PNoy Power Vs Erap-Binay-JPE Power
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    This mid-term senatorial and local elections 2013 will test the popularity power of PNoy against the Big 3 Erap-Binay-JPE Power. What is at stake is the PNoy Administration Program of Government till 2016. PNoy Team has to win big and nothing less than a 10-2 win against the Big 3. To be credible for 2016, PNoy has to carry Bam Aquino; Erap has to carry JV; Binay has to carry Nancy; and JPE has to carry Jackie. In addition, the one who outscores the other 3 emerges the force for 2016. PNoy has to carry most of the congressional candidates to get his reforms done and carried over beyond 2016. Binay has to have as many congressmen and local officials on his side to ensure 2016. In other words, a lot is at stake this 2013.


    Date posted - 26/02/2013

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  • Amend The Constitution, Remove The Dynasty Provision
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    The 1987 Philippine Constitution declares as State Policy:  Section 26 of Article II of the 1987 Philippine Constitution declares: “The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.” Failure of Congress  to define political dynasties and to prohibit them is culpable violation of the constitution. Members of Congress since 1987 to the present Congress are liable for this violation. Since nobody seems to take the fundamental law of the land seriously with respect to political dynasties, it is time to amend the constitution and delete this provision 
    Date posted - 07/10/2012

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  • Gearing For 2013 National & Local Elections
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    Political parties are revving up their political machinery this early. Alliances are up in the air. Politicians are making their own private surveys on which party band wagon to hitch on. There is the administration Liberal Party with an incumbent president at the helm. Expecting a face off would be the political alliance under UNA with the PMP of former President Joseph "Erap" Estrada and PDP of incumbent Vice-President Jejomar Binay. The Liberal Party is a formidable foe if President Nonoy Aquino manages to maintain a high level of his popularity come election period. It also has the advantage of access to government facilities and funds which would be readily available. On the other hand, UNA will be relying on the still popular former President Erap and the grass root organization of VP Binay. The price is 2016. Whatever party prevails in 2013 will be the party to beat in 2016. In the meantime, not only the signs but the activities are there that political season 2013 is on.

    Date posted - 14/06/2012

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  • RULE OF LAW: Supreme Court Vs Executive Branch
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    The confrontation between the Supreme Court and the Executive Branch regarding the case of former President Gloria M. Arroyo is reaching the pinnacle for constitutional crisis. The Executive Branch through the Secretary of Justice did not heed the Temporary Restraining Order issued by the Supreme Court to allow former President Gloria M. Arroyo to leave the country for medical treatment abroad. The Department of Justice raised procedural grounds to prevent the former President from leaving.The former President had to go back to the Supreme Court to seek judicial relief. However, while the Supreme Court maintained its TRO, the COMELEC acting on the recommendation of a Joint Investigation Panel with the  Department of Justice was able to file with the Regional Trial Court of Pasay City,  a non-bailable criminal information for Electoral Sabotage. Acting with dispatch, the Regional Trial Court immediately issued a Warrant of Arrest against the Former President and other accused. The Former President again had to go back to the Supreme Court for judicial relief. What is the Rule of Law under the situation? the final arbiter will still be the Supreme Court.

    Date posted - 22/11/2011

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  • Why Filipinos Still Divided On Gov't Campaign Vs. Corruption
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    In a recent news article, it was reported that "half of Pinoys are still in doubt of the government's ability to fight corruption." This is so because government still has to present its agenda for a corruption less society. Steps are towards that direction. I have maintained that the first step in the fight corruption is to elect a leader perceived to be  honest, with integrity and competence. We now have an honest President with hereditary strain of integrity. This is big step towards a corruption less government. The next is for the President to appoint men with proven honesty, integrity and competence to critical corruption perceived agencies. The President is slowly but surely appointing these men and women. Critical agencies are the Department of Budget where all the projections on government disbursements are made and in the past all the bloating of budget is done to factor in the corrupt commissions and fees. The Department of Public Works and Highways is another agency which is now manned by a Secretary who is making life harder for the rats in the department. The Department of Justice is flexing its muscles under a lady Secretary who came from the Commission on Human Rights. She means justice for all under the protection of the bill of rights. The Ombudsman recently appointed assumes office with high credibility and credentials suited for the office. We wish her all the support. The Commission on Audit is now stuffed with auditors determined to identify the misuse of government funds. And finally, we hope the Commission on Election exercises its constitution mandate to conduct clean and honest elections. More have to be done. The President can take the cue from the East.



    Date posted - 24/08/2011

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  • 2010 WILL BE THE YEAR OF POLITICAL CHANGES
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    2010 WILL BE THE YEAR OF POLITICAL CHANGES

     

              Christian New Year is highlighted with revelries and resolutions. The beginning of the year is January 1. People are just glad 2009 is over and past and look forward to 2010 to bring hope for things to getter better.

     

              Political analysts together with economic analysts come out with their respective perspectives of things to come this year. For Filipinos, there is another dimension for what to expect in 2010. Filipinos look at the Chinese zodiac calendar and to feng shui experts or geomancers for telltale signs of what is to come this year.

     

              In the Chinese zodiac calendar, 2010 will be the Year of the white Yang Metal Tiger. The Year of the Tiger starts on February 14, 2010 and ends February 2, 2011. It is a year of conflict involving people and nations. It is a year of change including change in political leadership. It is forecasted to be “a tumultuous, hardworking and vigorous year.”

     

              The Tiger’s influence is seen to offer courage, and the metal element, to provide “steely resolve, fortitude and determination to accomplish goals.”

     

              The major event in 2010 that is to trigger this change is the presidential elections together with the election of twelve senators, around two hundred fifty congressmen and party list representatives, and local executives and legislators. Focus is on whom the voting Filipinos will elect as its President for the next six years.  

     

    If one is to profile the presidentiables for the 2010 May elections, it is interesting to note that all the presidentiables have these “tiger” traits. It took courage of front runners Noynoy Aquino, Manny Villar, Erap Estrada, Gibo Teodoro and Dick Gordon to run for president of the country. Noynoy Aquino (former congressman and incumbent senator) banks on the legacy of his parents to carry him through. Manny Villar has experience and competence to qualify him to be president (a self made successful business man, a from rags to riches millionaire, former Speaker of the House and former Senate President).  Erap Estrada is determined to finish his term as president which was cut short by elements of civil society during EDSA II.  Gibo Teodoro, the youngest of them all, is seeking the highest office of the land on his personal credential as a brilliant lawyer (bar topnotcher), former    congressman and former Secretary of National Defense.  Dick Gordon hopes to be president and has demonstrated his capability as a local and national executive (former Mayor of Olongapo City, former Subic Military Base Administrator, President of the Philippine Red Cross); he is an incumbent senator.

     

              Changes in political leadership, both national and local, are inevitable. With change brings renewed confidence and hope in government. With change, the nation and democracy can again re-gear and roll forward for the next six years.

     

    (Attorney Abelardo "Billy" Aportadera Jr., former Commissioner on Human Rights and former Assistant Ombudsman, is a practicing lawyer and member of Philconsa, E-mail address: apo_lawoffice@yahoo.com; Web address: http://billyaportadera.com/)

                          


    Date posted - 07/01/2010

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  • E Flu (Election) Worst Than A Flu (H1N1)
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    Worst than the A Flu (H1N1) is the E Flu (Election) that is contaminating Philippine society. The first casualty is Senator Panfilo “Ping” Lacson. He chose not to participate anymore in the presidential race for 2010. Facing threat of political persecution by linking him to the Dacer-Corbito Murder Case, given the reality of the billions of pesos needed to wage even a decent presidential campaign, and the choice of preserving one’s integrity to being co-opted by a corrupt electoral process, Senator Lacson chose to remain true to himself and his principles of honesty and good governance. He will still be around to continue his crusade against corruption in government.

     

    In the meantime, the pre-election campaign of the presidentiables is focused on projecting personality rather than on programs for good governance. Surveys are conducted on preferences to be president rather than on what values the next president should have to govern our country.

     

    If this trend continues, the 2010 presidential election will only perpetuate the present corrupt system of governance.


    Date posted - 13/06/2009

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  • Harry Truman After The Presidency—a Man Of His Kind
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    Harry Truman, from Missouri , was a different kind of President.  He probably made as many important decisions regarding our nation's history as any of the other 42 Presidents.  However, a measure of his greatness may rest on what he did after he left the White House.


    Historians have written the only asset he had when he died was the house he lived in, which was in Independence Missouri .  On top of that, his wife inherited the house from her Mother.


    When he retired from office in 1952, his income was a U.S. Army pension reported to have been $13,507.72 a year.  Congress, noting that he was paying for his stamps and personally licking them, granted him an 'allowance' and, later, a retroactive pension of $25,000 per year.


    After President Eisenhower was inaugurated, Harry and Bess drove home to Missouri by themselves.  There were no Secret Service following them.


    When offered corporate positions at large salaries, he declined, stating, 'You don't want me.  You want the office of the President, and that doesn't belong to me.  It belongs to the American people and it's not for sale.'


    Even later, on May 6, 1971, when Congress was preparing to award him the Medal of Honor on his 87th birthday, he refused to accept it, writing, 'I don't consider that I have done anything which should be the reason for any award, Congressional or otherwise.'


    He never owned his own home and as president he paid for all of his own travel expenses and food.


    Modern politicians have found a new level of success in cashing in on the Presidency, resulting in untold wealth.  Today, many in Congress also have found a way to become quite wealthy while enjoying the fruits of their offices.  Political offices are now for sale.


    Good old Harry Truman was correct when he observed, 'My choices early in life were either to be a piano player in a whore house or a politician.  And to tell the truth, there's hardly any difference.' (Billy Aportadera, Jr.; Lawyer; AAGS Law Offices; Metro Manila – Davao City)


    Date posted - 24/01/2009

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  • Hero Or Killer?
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    On  June 30, 2008, a Houston-area grand jury declined to indict Joe Horn after he fatally shot two burglars in the back as they fled his neighbor’s house, an episode captured in a chilling recording of a 911 call between Horn and a police dispatcher. The case tested Texas’ so-called castle-doctrine law – which states that people threatened in their home have a right to use deadly force – and triggered accusations of vigilantism and ethnic bias in the criminal –justice system. Horn, who expressed remorse over the killings, is white, while the victims were illegal Columbian immigrants. (page 8, Time, July 14, 2008)

     A similar incident happened in the Philippines years ago. A thief entered the fenced lot of a movie action actor.  When he attempted to enter the house, he was discovered. While fleeing, he was shot at. He managed to jump over the fence and died in the street.

    The movie action actor was investigated but was never indicted.
    (Billy Aportadera, Jr.; Lawyer; AAGS Law Offices; Metro Manila – Davao City)


    Date posted - 17/01/2009

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  • 2008 Is Over And A New Year Starts
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    2008 is over and a new year starts. We leave 2008 with its trail of corruption and human rights violations attributed to the present GMA Administration. President Gloria Macapagal-Arroyo has not done any better to improve her administration's record. In fact the situation has worsened in both fronts of basic standards for good governance.

     

    She has one and a half years to vindicate herself. She does not have enough time to leave a favorable legacy to the Filipino people. She is hoping her vaunted economic programs would provide a counter-balance to her short comings as President. But even these are in danger of being frustrated due to the United States and Global economic crisis.

     

    (Billy Aportadera, Jr.; Lawyer; AAGS Law Offices; Metro Manila – Davao City)


    Date posted - 01/01/2009

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  • No Man Should Be Above The Law. More So When That Man Is A Public Officers Like The Mayor Of Masiu C
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    “No man should be above the law.” More so when that man is a public officers like the Mayor of Masiu City, Lanao del Sur, and his father, the Secretary of Agrarian Reform.

    At around 1:30 PM  last Sunday, December 28today, at Valley Golf and Country Club, Antipolo City, Mayor Nasser Pangandaman, Jr., Mayor of Masiu City, Lanao del Sur, his father, Secretary Nasser Pangandaman of the Department of Agrarian Reform, and company, beat my defenseless 56-year-old dad and my 14-year-old brother to a pulp because of some stupid misunderstanding on the golf course.

    Aside from the criminal offense that the father and son public officials may be charged, they could be investigated by the Ombudsman under the Ombudsman Act (R.A. 6770)  specifically under Section 13 thereof, which mandates, “The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. “

    And charged under Section 16 thereof which provides, “Applicability. - The provisions of this Act shall apply to all kinds of malfeasance, and non- feasance that have been committed by any officer or employee as mentioned in Section 13 hereof, during his tenure of office.” (Atty. Billy Aportadera, Jr.; AAGS Law Offices; Metro Manila – Davao City)


    Date posted - 30/12/2008

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