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Judicial decisions will have to be in touch with the reality outside the immaculate walls and towers of the courtyards.
To place that burden on the victims rather than government agencies is clearly a misreading of the amparo rule. The Supreme Court declared that the writ of amparo is not a criminal action requiring proof beyond reasonable doubt, nor is it a civil or an administrative proceedings, but a prerogative writ intended to protect human rights.
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On March 14, the teacher Oscar Salazar Jahnsen appeared before the Santiago Appeals Court, and complained of the conspicuous tailing to which he had been subject and expressed his fear of being illegally arrested and requested that he be granted adequate protection.
Concerning this event the media reported: It was not stated why the arrest had not taken place earlier. The account given indicates that the Judiciary has shown serious negligence in processing the applications submitted to it for safeguarding the personal liberty, the physical integrity, and even the life of many persons opposed to the Government. This attitude has favored, by omission, the condemnable practices of the Government, which have not been investigated with the decisiveness.
The basis of the custody of the military must be a legal basis, not upon the whim or request of anyone, even the victim especially since the AFP is not a hotel or a boarding house where anyone can just demand board and lodging. If there is no arrest warrant or commitment order, the Court of Appeals cannot order that a victim remain in the custody of the AFP as in the case of Gumanoy, who is a minor. Secondly, the Court of Appeals must be conscious or take note of the credible allegations, pervasive public perception and independent findings — both here and abroad — and hundreds of complaints in different national and international fora that the military, police and their agents are involved in human rights violations, abduction and enforced disappearance including torture.
In his speech before the Court of Appeals, Chief Justice Reynato Puno reminded the CA justices that amparo is intended to protect human rights and exhorted them to do so when he declared: The power to interpret law is therefore a power that can make a difference.
The power is weak only in the hands of weaklings; the power is puny only to those whose minds no longer dream and dare. The passengers wait inside the jeepney frowning, for the barker continues to claim that the jeepney can accommodate two more passengers wherein it is already a can-of-sardine situation inside. He does not have a choice.
He still has a long way to go before he gets to school, and time is not at his side. He boards the jeep, tries to sit even just a bit, and ends up hanging with only a square centimeter of his slacks touching the tarpaulin-covered chair. The driver, without any concern to the student, relentlessly drives away from the terminal and onto a long trip at the clogged roads of Manila. He notices familiar faces. The guy next to the exit is the same person he saw from the nearby internet shop printing a feasibility study.
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The long-haired lady beside the guy is his girlfriend, and their shoulders are lax with each other. The lady is also holding a plastic cup of coffee from Starbucks, a frappuccino. The old woman beside the lady is a prostitute. Beside him, on the other hand, is a man looking with sticky eyes at the uniform of the girlfriend of the guy in the internet shop.
Pinoy Parazzi Vol 7 Issue 54 April 28 - 29, 2014
Nothing is really exciting for him. Life, as he knows it, has been a cycle — continuous, repeating and analogous. There are little surprises, but not that much to turn the situation around. He stares at his Accounting book, trying to recall the discussions they had. He tries his photographic memory, remembering how those financial statements are made in the whiteboard. He remembers the face of his professor, makes a straight face and draws his eyes outside the jeepney.
He saw the newly renovated McDonalds building. Aside from a handful of memories, nothing is significant with that building. There is a new playground — a paradise for the youngsters. The renovation also boasts life-size statues of the McDonalds characters outside. That is one change. Everything else did not change at all.
The jeepney hurled away and the bright hues of the McDonalds building slowly fade to a dot. Quality Starbucks coffee spills in the floor, along with islands of whipped cream and chocolate syrup. He, along with everyone in the jeepney, stares at the wasted drink as it creeps down the cracks of the metal floorings of the jeepney. Shortly thereafter, his book slips from his hands, with the page that he was reviewing landing first on the coffee-soaked floor.
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It is a total mess. He picks it up and half of the book became brown with coffee. He gives up reviewing. He cannot recall the lessons anymore. He arrived at the school just on time, however, he failed in his quiz. Going back home, he sighs, pauses a while and looks around. The next day, he holds a green accounting book; the cover is worn out of daily use and the pages are wrinkled from the coffee accident yesterday. He needs to make an extra effort in understanding accounting and the evening before, all he did was to review for the upcoming Humanities long quiz.
The sidewalk, the air, that old woman and the pesky barker still remains. The passengers are still frowning. They, too, are tired of the punishment that everyday life brings.
- Russel Wikia Hoax Articles (November 2012)
He boards the jeep with little energy, and just like yesterday, familiar faces come up. Life is not a box of chocolates as Forrest Gump said, it is a box of junk foods with no variety and thrill at all. Every day is just dull; life is a monotonic art. He placed his accounting book inside his bag, thinking that to mix coffee, tea and paper in a book is a worse idea than not listening in the discussions inside the classroom.
He sees a child kneeling, instead of sitting, in the jeepney. Her small head is peeping on the window, precariously inside as what her mother instructed her. Her improper position in the jeepney is something new to his sight.
He ignores the lass, makes a straight face and draws his eyes outside the jeepney. Minutes after, the lady finished his cup of tea and properly threw it in the trash bin behind the gearshift. The lady put on her headset after disposing the cup and everything went on normally — lacklusterly. Far from sight is the McDonalds building.