BRILLANTES, SARMIENTO HATE ALAM

 

 

ALAB NG MAMAMAHAYAG (ALAM)
G/F NATIONAL PRESS CLUB BLDG.
MAGALLANES DRIVE, INTRAMUROS
MANILA, PH

PRESS RELEASE (ENGLISH)

 

 

 

BRILLANTES, SARMIENTO HATE ALAM 

 

 

PARTY-LIST aspirant Alab ng Mamamahayag (ALAM) yesterday pointed out violations of the "confidentiatlity rule" in the rendition of decisions by Commission on Elections Chairman Sixto Brillantes Jr. and Commissioner Rene Sarmiento.

 

In a report last week, Brillantes and Sarmiento in separate occasions announced the disqualification of ALAM because the group allegedly did not have a track record and the group exposed the P3-billion bribery. 

 

However, it turned out that the decision to disqualify ALAM has not yet been written on October 31, 2012 when one of ALAM’s counsels, Atty. Cirilo Sabare Jr, went to the COMELEC to request for a copy of the alleged decision.

 

Based on a legal doctrine, “until a decision is officially released, any member of the decision-making body can reverse his position.” 

 

So in this case it is obvious that Brillantes and Sarmiento were preempting the possibility that other commissioners may change their mind.

 

In the case of Limkaichong Vs. Comelec/Biraogo Vs. Nograles, et al./Paras Vs. Nograles, et al./Villando Vs. Comelec, et al, the Supreme Court lectured on prohibition to release decisions not officially promulgated: 

 

“We add that at any time before promulgation, the ponencia may be changed by the ponente. Indeed, if any member of the court who may have already signed it so desires, he may still withdraw his concurrence and register a qualification or dissent as long as the decision has not yet been promulgated.

 

“A promulgation signifies that on the date it was made the judge or judges who signed the decision continued to support it. Thus, an unpromulgated decision is no decision at all. At the very least, they are part of the confidential internal deliberations of the Court which must not be released to the public.

 

“A decision becomes binding only after it is validly promulgated. Until such operative act occurs, there is really no decision to speak of, even if some or all of the Justices have already affixed their signatures thereto. 

 

“During the intervening period from the time of signing until the promulgation of the decision, any one who took part in the deliberation and had signed the decision may, for a reason, validly withdraw one’s vote, thereby preserving one’s freedom of action.”

 

ALAM president Atty. Berteni "Toto" Cataluña Causing said he suspected that the premature announcement of the COMELEC’s decision is in retaliation to the P3-million bribery exposed by ALAM secretary general Edwin Alcala.

 

“The rule is any decision not officially issued by any court or quasi-judicial agency cannot be revealed or divulged to the public except only for the persons involved in making the decision,” Causing stressed.

 

 

 

PRESS RELEASE (PILIPINO)

 

BRILLANTES, SARMIENTO 

GALIT SA ALAM

 

 

Umalma kahapon ang partylist aspirant na Alab ng Mamamahayag (ALAM) hinggil sa umano’y mga paglabag sa ‘confidentiatlity rule’ sa pagsagawa ng mga desisyon nina Commission on Elections chairman Sixto Brillantes Jr. at commissioner Rene Sarmiento.

 

Sa report nitong nakaraang linggo, inihayag sa magkahiwalay na okasyon nina Brillantes at Sarmiento ang diskuwalipikasyon ng ALAM dahil ang grupo umano’y walang track record. 

 

Gayunman, lumitaw na ang desisyon sa pagdiskwalipika sa ALAM ay hindi pa naisusulat na resolusyon nang magtungo ang abogado ng ALAM na si Atty. Cirilo Sabare Jr, para humingi ng kopya ng nasabing desisyon. 

 

Base sa ligal na doktrina, “hanggang ang isang desisyon ay opisyal na ipinalabas, sinumang miyembro ng decision making body ay maaaring baguhin ang kanyang posisyon,” kaya sa kasong ito ay lumilitaw na pinangunahan nina Brillantes at Sarmiento ang posibilidad na magbago ng isip ang iba pang mga komisyoner.

 

Sa kasong Limkaichong Vs. Comelec/Biraogo Vs. Nograles, et al./Paras Vs. Nograles, et al./Villando Vs. Comelec, et al, sinabi ng Korte Suprema: “We add that at any time before promulgation, the ponencia may be changed by the ponente. Indeed, if any member of the court who may have already signed it so desires, he may still withdraw his concurrence and register a qualification or dissent as long as the decision has not yet been promulgated. 

 

“A promulgation signifies that on the date it was made the judge or judges who signed the decision continued to support it. Thus, an unpromulgated decision is no decision at all. At the very least, they are part of the confidential internal deliberations of the Court which must not be released to the public.

 

“A decision becomes binding only after it is validly promulgated. Until such operative act occurs, there is really no decision to speak of, even if some or all of the Justices have already affixed their signatures thereto.

  

“During the intervening period from the time of signing until the promulgation of the decision, any one who took part in the deliberation and had signed the decision may, for a reason, validly withdraw one’s vote, thereby preserving one’s freedom of action.”

 

Ayon kay ALAM president Atty. Berteni Causing, may suspetsa siyang ang paghayag sa desisyon ng COMELEC ay bilang ganti sa pagsisiwalat ng ALAM sa P3-milyon pangingikil sa kanila ng empleyado ng COMELEC.

 

“Ang rule ay anumang desisyon na hindi opisyal na naisyu ng alinmang korte o quasi-judicial agency ay hindi maaaring isiwalat sa publiko liban lamang sa mga taong may kinalaman sa paggawa ng desisyon,” pagdidiin ni Causing.