ATTY. THEODORE TE_PERSUASIVE APPEALS AND REMINDERS FILED

PERSUASIVE APPEALS

AND REMINDERS FILED

(7 COUNTS)

COUNT 7

(persuasive appeal/reminder on 2december2015)

CHIEF JUSTICE PERSUASIVE VIDEO

Legality of the constitution prevails 

over rule on procedure.

ATTENTION:PIO CHIEF

COUNT 6

(persuasive appeal/reminder on 1december2015)

CHIEF JUSTICE PERSUASIVE VIDEO

Save the Chief Justice from shame

ATTENTION:PIO CHIEF

COUNT 5

(persuasive appeal/reminder on 30November2015)

CHIEF JUSTICE PERSUASIVE VIDEO

Stop thinking in silos

ATTENTION:PIO CHIEF

COUNT 4_1

(persuasive appeal /reminder  on  27November 2015_1)

ATTENTION:PIO CHIEF

ON THIS DATE YOU MAY HAVE 

BEEN  CRIMINALLY LIABLE  VIA

 THE PROVISION OF THE

ANTI-GRAFT AND CORRUPT PRACTICES ACT

REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(e) Causing any undue injury to any party (myself, Antonio L. Buensuceso Jr.) including the Government, or giving any private party (PSPC, SHELL) any unwarranted benefits, (NON-PAYMENT OF RETIREMENT PAY) advantage or preference in the discharge of his official administrative (ATTY. THEODORE TE, functions) or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices (Atty. Theodore Te, an officer of one offices of the Supreme Court, the PIO) or government corporations charged with the grant of licenses or permits or other concessions.

COUNT 4_2

(persuasive appeal /reminder on  27November 2015_2)

ATTENTION:PIO CHIEF

ON THIS DATE YOU MAY HAVE 

BEEN  CRIMINALLY LIABLE  VIA

PROVISION ON 

OBSTRUCTION OF JUSTICE

PRESIDENTIAL DECREE No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them;

WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders;

NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following:

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

COUNT 4_3 (persuasive appeal /reminder  on  27November 2015_3) ATTENTION:PIO CHIEF
THE RETIREMENT PAY LAW WHICH HAVE BEEN CIRCUMVENTED  OR VIOLATED BY PILIPINAS SHELL PETROLEUM CORPORATION et al.
UNLAWFUL
REPUBLIC ACT NO. 7641 December 9, 1992

RETIREMENT PAY LAW

AN ACT AMENDING ARTICLE 287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, BY PROVIDING FOR RETIREMENT PAY TO QUALIFIED PRIVATE SECTOR EMPLOYEES IN THE ABSENCE OF ANY RETIREMENT PLAN IN THE ESTABLISHMENT

Section 1.    Article 287 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, is hereby amended to read as follows:

"Art. 287.    Retirement. - Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.   "In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, That an employee's retirement benefits under any collective bargaining and other agreements shall not be less than those provided herein.   "In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.   "Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.   "Retail, service and agricultural establishments or operations employing not more than (10) employees or workers are exempted from the coverage of this provision.   "Violation of this provision is hereby declared unlawful and subject to the penal provisions provided under Article 288 of this Code."

Sec. 2.    Nothing in this Act shall deprive any employee of benefits to which he may be entitled under existing laws or company policies or practices.

Sec. 3.    This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.

Approved:   December 9, 1992

COUNT 4_4

(persuasive appeal /reminder on  27November 2015_4)

ATTENTION:PIO CHIEF

YOUR FAILURE TO RESPOND IS 

FROM THIS DATE  MAY OR SHALL CONSTITUTE VIOLATION OF 

REPUBLIC ACT NO. 6713 RULE 6

RESPONSE TO REQUESTS AND PETITIONS MANDATED BY THE Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713)

(Republic Act No. 6713) RULE 6 _Duties of public officials and employees

Section 3. In case of written requests, petitions or motions, sent by means of letters, telegrams, or the like, the official or employee in charge shall act on the same within fifteen (15) working days from receipt thereof, provided that:

(a) If the communication is within the jurisdiction of the office or agency, the official or employee must:

(1) Write a note or letter of acknowledgement where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or agency, specifying the date when the matter will be disposed of and the name of the official or employee in charge thereof.

COUNT 3

(persuasive appeal /reminder  on  26November 2015)

ATTENTION:PIO CHIEF

CHIEF JUSTICE PERSUASIVE VIDEO

Call on cooperation and self-reformation

On this video 
the Honorable Chief Justice
 is offering you,  
Atty. Theodore Te,  the carrot. 
The stick shall be following next.

COUNT 2

(persuasive appeal /reminder on  24November 2015)
ATTENTION:PIO CHIEF

click on the image of Ka Pepe Diokno to read article 

posted by Atty.Theodore  Te about having been inspired by Ka Pepe.

PIO CHIEF Atty. Theodore Te : Thank you for being inspired by Ka Pepe Diokno, and with all due respect please walk the talk and walk tall.         

COUNT 1

(persuasive appeal /reminder on  11November 2015)

ATTENTION:PIO CHIEF

Please be guided by this 

2014 Christmas message 

from Hon. Ma. Lourdes Sereno

The TRUTH will set you FREE.

PIO CHIEF Atty Theodore Te : Thank you for being inspired by Ka Pepe Diokno

shared from tedte.blogspot.com

February 24, 2012

ONE WHO STAYED

"Great lawyers–not brilliant lawyers. A scoundrel may be, and often is, brilliant; and the greater the scoundrel, the more brilliant the lawyer. But only a good man can become a great lawyer: for only a man who understands the weaknesses of men because he has conquered them in himself; who has the courage to pursue his ideals though he knows them to be unattainable; who tempers his conviction with respect for those of others because he realizes he may be mistaken; who deals honorably and fairly with all, because to do otherwise would diminish him as well as them–only such a man would so command respect that he could persuade and need never resort to force. Only such a man could become a great lawyer. Otherwise, “what you are speaks so loudly, cannot hear what you say."__Ka Pepe Dokno

As someone who suffered as much as he did for his country, no one would perhaps have begrudged him the flight--out of the country.  It speaks so much of the character of the man that he stayed.  And that in staying, he persevered.  And that in persevering, he fought.  And, that in fighting, he led.  And that in leading, he inspired.

In those dark days when law was strangled by a dictator's mailed fist, no matter that it would often be cast in a velvet glove, he stayed, fought, led, and inspired.  

When the idea of rights was aspirational and the idea of fighting for one's rights, let alone those of others, was unpopular because they proved literally hazardous to one's health, if not continued existence, he stood firm and held fast.  When the idea of law was simply what the dictator willed and the rule of law was his signature on a piece of paper, he, and a handful of others, dared say to the face of the dictator that such a perversion of law was not acceptable and that when the law becomes meaningless and itself oppressive, then the people are justified to looking beyond the law to claim their rights.  

When many of the nameless, faceless among us suffered the same lot he did, and worse--to be accused wrongly, to be charged falsely, to be detained indefinitely, or simply to be rendered literally gone, without anyone to raise a hue and a cry--he grieved in solidarity, for he (and his family) knew of that pain, that suffering;  but his grief did not allow him the luxury of inaction, instead it spurred him to action. 

Together with his old friend and comrade Tanny, one who also stayed, he would fight for those who, unlike him, had no pedigree; he would give voice to those whose voices were suppressed momentarily or stilled forever.  He and Tanny (and another named Joker) would bring together other like-minded spirits and brave-hearted souls to say loudly to the dictator "NO!" when all around the dictator, his sycophants were whispering sibilant yesses.

He would fight with what he had, what he knew, and what he held dear:  the law that he learned at his father's library and by his father's side, the intellect that was given to him by his Creator, the love of country that was innate in him, the sense of justice that he himself was deprived of by the dictator and the support of family, friends, comrades and kindred souls who never left him.  Against the devices of the dictator, they were not much but they were enough.

He would speak, over and over again, of law, of development, of sovereignty, of peace, justice, of change and of hope--everywhere he felt he could make a difference.  In that deep gravelly voice with a distinct diction, he would also teach. He would teach lawyers, law students and members of the basic sectors; he would talk about paralegalism, about a new kind of lawyering which he would call "Developmental Legal Aid", he would teach people to be aware of their rights, to be aware of their situation; he would teach people that their right to self-determination would bring with it the right to hope because change would come only when those who desperately need change desire it equally desperately.  For many people, lawyers, law students and ordinary people oppressed by the dictator's "rule of law", he would change the way that people saw the law, their rights and their country.

Memorably, he would sum up what filipinos were fighting for in his inimitable turn of phrase, "to sing our own songs."

He would also speak of what it took to be good citizens, to be good people and of the country's need for these. In one of his many letters to his children, he would say:

"...the truth remains true that never have our people had greater need than today for great lawyers, and for young men and women determined to be great lawyers.

Great lawyers–not brilliant lawyers. A scoundrel may be, and often is, brilliant; and the greater the scoundrel, the more brilliant the lawyer. But only a good man can become a great lawyer: for only a man who understands the weaknesses of men because he has conquered them in himself; who has the courage to pursue his ideals though he knows them to be unattainable; who tempers his conviction with respect for those of others because he realizes he may be mistaken; who deals honorably and fairly with all, because to do otherwise would diminish him as well as them–only such a man would so command respect that he could persuade and need never resort to force. Only such a man could become a great lawyer. Otherwise, “what you are speaks so loudly, cannot hear what you say.”

For men and women of this kind, our country will always have need–and now more than ever. True, there is little that men of goodwill can do now to end the madness that holds our nation in its grip. But we can,even now, scrutinize our past; try to pinpoint where we went wrong; determine what led to this madness and what nurtured it; and how, when it ends, we can make sure that it need never happen again.

For this madness must end–if not in my lifetime, at least in yours. We Filipinos are proverbially patient, but we are also infinitely tough and ingeniously resourceful. Our entire history as a people has been a quest for freedom and dignity; and we will not be denied our dreams.

So this madness will end; the rule of force will yield to the rule of law. Then the country will need its great lawyers, its great engineers,its great economists and managers, the best of its men and women to clear the shambles and restore the foundations of that noble and truly Filipino society for which our forefathers fought, bled and died."

And when the madness did end and change did come on that day that the dictator fled, he was, deservedly, among those feted and hailed for bringing freedom back. And, perhaps, because of all that he had done, many would not have begrudged him the luxury of no longer fighting, no longer leading, no longer persevering, no longer inspiring.

But no sooner had things changed than it would be revealed that many things remained the same.  And in the face of what he saw, as the change he had fought for for so long started to go the way of things that were before, he knew that he could not stay; he knew that he could not keep silent; he knew that he could not not fight on.

And so he did. Tasked with heading the first Human Rights Commission in the country and with leading the peace talks, he could not keep silent in the face of all that was wrong;  when barely a year into the new government, the democratic space that he and others had fought for constricted into a death grip with the massacre of farmers marching towards the palace of the president he helped put into power, he knew he could not keep his peace.  And so he "walked his talk" and left a government that could not walk its talk.

Less than a month after, cancer would claim him, a day after his 65th birthday and two days after the first anniversary of the revolution he helped inspire.  His voice would be stilled but his visions of law, of justice, of development, of sovereignty, of helping, of hoping would live on--in many iterations and incarnations of the small band of lawyers and paralegals he first trained, formed and inspired.

I met him only once but my memory of that meeting remains. I had been asked by someone (I do not remember anymore who) to bring a document to him at his residence (the famous 55); I was in my first year of law school and largely indifferent to staying on;  but of course, I had heard of him and read of him (I had read his letter to his son) but I had never met him.  I dutifully went to his residence and when admitted, saw him and his wife (Ka Nena, of whom I have fond memories as well, who often greeted me, as she did that day, with "kumain ka na ba?" ["have you eaten?"]);  I do not think I even introduced myself, so uncertain was I of how I was supposed to comport myself;  I remember handing him the document and being greeted with a smile and a "thank you." And I remember being asked what I did and when I said I was in law school, being greeted once again with that smile and a conspiratorial, "good."   

Revolutions are waged and won not only because numbers are superior or voices are louder but because there are people who stay on, who persevere, fight, lead and inspire.

To one who inspired, fought, led, persevered and, most importantly, stayed--Faithful, Fearless and Filipino-- to the very end. Jose W. Diokno, "Ka Pepe", on his 90th birthyear, on the 25th year since his passing.

The TRUTH will set you FREE.