A matter of public interest — U.S. Supreme Court

I’m very familair of our US law. There is state law and Federal law. It depends on wire tapping law in our state BUT if the wire tap is done for the sake of public interest and subject of wire tapping is government officials or federal officials like our politcians, president, federal employees etc. this must have been a federal law. Example: If I’m just an ordinary american citizen if anyone wiretap my conversation regarding stealing my neighbor’s spouse, my privacy rights had violated and I don’t need to prove myself that I was the one on tape. It depends on our state law. If I’m an ordinary american citizen and I was wire tap because of suspicion of defrauding or forgery regarding immigration documents then I’ll be subjected to the Federal law because our immigration is under Federal.

Philippines is not as stable as the United States although we have copied, the American Constitution. I have live here in US and I can tell the big difference. I will quote Marlowe Camello, Attorney at Law, Philippines and California, the wide disparity of the social stability between the U.S. and the Philippines is due to the EXCELLENT JUSTICE SYSTEM in the U.S. compared to its poor counter-part in the Philippines.
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[u] In the U.S., the highest dynamic authority of justice are exercised by the common American people, and not by their government officials. The supreme authority of justice in the Philippines is totally the opposite – the Philippine government is the boss. In the U.S., the people are the real boss of justice.[/u] American prosecutors and judges need to show their evidence to the people upon which the people make their decision to indict or to convict a public official or any person who commits a major crime. They accomplish this by means of their local direct representative groups, called Grand Juries (to secretly investigate and indict) and Trial Juries (to publicly try and convict). No country in the world has these “twin” jury systems working together, except in the U.S. Also please refer to: this site. Jury decisions come out fast and prevent back log of court cases. These juries serve like the proverbial “Sword of Damocles” that hangs over the heads of public officials at all times.

Public officials in the U.S. are not necessarily more honest than Filipino officials but they are simply fearful of the people*s speedy judicial processes in the jury rooms when they abuse their authority. American juries can put a corrupt official in jail within 3 to 6 months from the day his misdeeds are discovered. This is what the Filipino people should do with their corrupt officials and employees and they should not rely on bureaucrats to accuse and try other fellow bureaucrats. We should do away with the cosmetic “Lutong Macaw” justice.

These “twin” jury systems are, in fact, the binding force among the American people in spite of their ethnic diversity and their very numerous states and the reason for its prosperity that attracts many people around the world to live in this great nation. It is not unusual to see different ethnicity of persons, i.e., Filipinos, Chinese, Vietnamese, Whites and Blacks, that compose American juries. They are unconsciously united to fight a common foe called “INJUSTICE”.

The compadre system cannot work in the U.S., because the accused on trial will be confronted by a “collective judge” called Trial Jury with numerous members. Even if the judge is bribed, the multiple members of the jury will decide his case – not solely by one judge. It is hard to bribe jurors because they are watched by both sides in a trial as well as by the judge. No one is allowed to speak to the jurors except openly in the court room and only in the presence of the real parties before the presiding judge. When jurors deliberate to decide a case, they are closeted with none other but themselves alone. The presiding judge is not allowed to speak to them during their deliberation.

What we need in the Philippines is JURY POWER for the Filipino people in jury rooms TO FORCE public officials and the filthy rich cohorts and cronies TO BOW and TO RESPECT us, the people. Hoping to elect the most powerful honest politicians in the world for the Filipino people is simply an impossible dream.

The effectiveness of street demonstrations is of no much to the power of Juries because juries can directly put corrupt officials in jail. Juries operate under the supreme authority of the people in their respective districts and their powers are not simply derived from a prosecutor, judge or any other public official. Public officials merely act as advisers for the juries. Such officials need to submit their evidence to, and for independent approval by, the jury. The ultimate decision to indict an offender rests with the people through their GRAND JURY. The ultimate judgment whether to convict or acquit the offender also rests with the people through their TRIAL JURY. In serious crimes like corruption cases, the people through their JURIES have the highest authority to decide and not their prosecutors or judges.

Jury members, both for Grand Juries and Trial Juries, are blindly chosen by means of a lottery under the supervision of a judge from a pool (or reserve) of citizens whose qualification have long been determined prior to their call for jury duty. No other official is allowed to approve their appointment. In the U.S., the basic qualification of a jury member is that he must be a U.S. citizen, 18 years old or over, must know how to speak and write the English language. A high school diploma is not even required. If this is of great concern to Filipino politicians if they want to institute the system in the Philippines, they can upgrade a juror*s qualification to that of a high school graduate. Any high school graduate, can understand as to the issue (or issue) of “who”, “when”, “where” and “why” in any matter, the area in which their decision is required when called in for jury duty. By the manner of choosing jurors in the U.S., their justice system is kept away from politics, beyond control by powerful officials or politicians, and above people*s suspicion.

In the U.S., the more highly educated you are, your chance of being picked as a juror in a Trial Jury is less likely because prosecutors and judges don*t want jurors to detect bad laws that are passed by legislatures. Like in the Philippines, U.S. bureaucrats think that the government is always right as against the people. Please click – > Jury Nullification Powers.

Given the worsening graft in high places of government, it is high time for the Filipino people to adopt the GRAND JURY system to secretly investigate and indict offenders of government corruption and grave offenses, and also to adopt the TRIAL JURY system in court trials of such offenders. These devices will enable the people to check in the comfort of their court rooms, instead of in the streets, the abuses of government officials including abusive individuals outside the government services in their respective localities to prevent the tentacles of corruption from creeping all over the country.

Juries may not directly indict the President but they can surely start indicting cronies and cohorts who will eventually be forced to divulge higher up masterminds and bring out evidence for impeachment.. Juries are the surest means to “nip the bud” of corruption anywhere around the Philippines. “

Besides…The Philippine Constitution is well formatted based on US strategic constitutional perspective…No wonder…if US congress makes a move a thing or two… the Philippine congress also do something in response to that…There are a lot of Philippine Laws based in our constitution that are purely wasted…Take a look on the city ordinances and stuff like that…Not everyone follows the rule right..

IGNORANCE of the law, excuses no one…

No one is above the Law, and No one is Above Gloria…not even her family…

ayan… ayos!

accessory to crime:

1) administration congressmen and senators (just put their names)
2) cabinet secretaries (just put their names)
3) supreme court (go davide and gang… constitutional pa kayo kunyari. dkayo magsalita!)
4) AFP and PNP (the generals)… ang alam ko mandate ng afp is to protect the constitution and not the president. sa bagay, mga nauna sa inyo puro traydor… si reyes who left erap… etc. what can we expect
5) comelec… wag na magmaangmaangan… sabihin nyo sa media lahat ng hinalang katiwalian ng mga kasamahan nyo. kahit paguuwi ng ball pen ng opisina, papel, saakyan sa oras ng walang pasok, mga late, mga nangongomisyon… bank accounts… tutal pera ng bayan ang gagamitin sa huli.
6) anyone else you want to add.

ang tanong. baka naman ang penalty sa batas natin ay 200 pesos lang? eh milyon milyon ang usapan…

We people should be the ‘King’ in this country to be called such a democratic country. Di dapat tayo ginagago ng corrupt officials. They are suppressing and depriving our rights! Ala-martial law na rin ang dating kahit hindi announced. Exercise your freedom of speech because this is not a case of one individual’s privacy but importantly it is about our nation as a whole.

I believe that the right to privacy is there to proctect themselves to private or personal matter(s) without conflicting any law attributing to the country as a whole (i.e. cases like rape, infidelity, stafa, etc.) but if it concerns the nation as a whole, mostly in the case of public officials (i.e. plundering, VOTE CHEATING, etc.) then they should not exercise this rights because the case would be defendant vs public. But I do believe that everyone should have the rigths to remain silent unless they are convinced or persuaded to speak in court.

Swerty and others I can really relate to your frustrations. I remember visiting the Philippines 2 years ago, at the airport a filipina step out on a yellow line. I can’t believe a guy who works at the custom who checks and stamp passports, start yelling at her. I feel embarras because here in USA our federal employees are extremely helpful, friendly and if you cant speak the language interpreter is provided. While in the Philippines those who works in the government are arrogant and lack of compassion towards their fellowmen. It seems they have the right more than the ordinary filipino people. Haven’t they realized that YOU FILIPINO people are the one paying their wages that’s why they are there working. You are the reason that’s why they are employed as government officials that’s why Arroyo have the job as President. You filipino people gave her a job. She and the politicians should be working for filipino people’s interest. Because you guys are the Boss not them. You employed them.

Alecks,

Thanks for posting the Bartnicki vs. Vopper case.

But with Davide at the helm and supported by bunch of GMA appointees….
Not to the mention the fact that the SC is the final arbiter on the interpretation of our laws—whether said interpretation is legally right or otherwise? Whew!

It may be recalled that in 2003, the SC rebuked the citations of U.S. Supreme Court decisions courtesy of Speaker De Venecia and other Friends of the Court in relation to then move to impeach Davide. (For verification, kindly check The Sassy Lawyer’s Journal, 10 November 2003).

Now, is the opportune time for the SC to save the Queen for the second time—pardon me by sounding too presumptuous— but its is highly probable that the SC will do it again—by rebuking the use Bartnicki vs. Vopper in the Philippine setting.

For the moment, every legal mind will find a good reason to re-visit their ageing lawbooks.

tobebs, alam naman natin na si Abalos ay naghuhugas kamay sa katiwalian sa ahensya niya (presumably he is innocent). He is not matured enough to accept any responsibility. Papaano kung may lumabas na another Commissioner na dawit din sa pandaraya?? Baka sabihin niya ‘its only doing of two commissioners’. Obviously, may pagkukulang din siya at kailangan din niyang i-address yung problema ng sabwatan (conspiracy).