You are on page 1of 35

REPUBLIC OF THE PHILIPPINES Court of Appeals Maria Orosa, Manila Judge Florentino V. Floro, Jr., Petitioner, versus S.P.

_________________ Petition for Writ Amparo Judge Thelma Pinero-Cruz, and Presiding Judge , Br. 16, RTC, Malolos City , Bulacan, Mrs. Lerida Socorro-Joson, Legal Researcher / OIC, Br. 16, RTC, Malolos City , Bulacan, Respondents. X-----------------------------------------------------------------------X

No. of

Verified Petition for Issuance of Writ of Amparo / Affidavit


[With Prayer To Issue Interim Reliefs of Temporary Protection Order, Inspection Orderand Production Order under Sec. 14, A.M. No. 07-9-12-SC as amended by A.M. No. 07-9-12-SC, and Legal Reservation of the Right to File Supplemental Petition for Habeas Data(effective on February 2, 2008), and Separate Administrative, Criminal and Civil Casesagainst Respondents and co-conspirators, under Sec. 21]

And Urgent Prayer for Immediate Resolution

COMES NOW the undersigned petitioner, Judge Florentino V. Floro, Jr., under oath, by HIMSELF and for HIMSELF, as litigant / petitioner in the instant extraordinary lawsuit, WITH LEAVE OF THISHONORABLE COURT, and INVOKING Sections 1, 2 and 5, inter alia, of the Writ of Amparo Rule (A.M. No. 07-9-12-SC as amended by A.M. No. 07-9-12-SC) most respectfully depose and say, that: Prefatory Chief Justice Artemio V. Panganiban opined (re: "Ces OrenaDrillon / ABS-CBN employees vs. Ronaldo Puno" Amparo Petition dated 121, 2008): "I THINK THE SUPREME COURT ACTED prudently in requiring the government to comment on the petition of the 11 broadcast journalists, led by Ces Orena Drilon, who challenged their arrest and detention as an aftermath of the Peninsula Manila Hotel siege."
-1-

Overlook procedural lapses: C. J. Panganiban stressed that: "When great constitutional issues are raised, the high tribunal historically tends to overlook procedural technicalities and looks at the substance of the controversy.Dismissing the Drilon petition on procedural grounds would have merely delayed the case. Tackling the case on its merits augurs well for our democracy. Even the respondent officials, notably Interior Secretary Ronaldo Puno and PNP Director General Avelino Razon, have publicly welcomed judicial guidance on the paramount issues raised; namely, the legality of the arrest and detention of the petitioners; and, the validity of the media advisory issued by the Department of Justice, warning that journalists might incur criminal liability if they disobeyed orders from police authorities during emergencies.

(With Due Respect, Concurring and dissenting, By C.J. Artemio V. Panganiban, Philippine Daily Inquirer, 01/26/2008) URL:
http://opinion.inquirer.net/inquireropinion/columns/view/20080126-115016/Concurring-and-dissenting

On September 25, 2007, Chief Justice Reynato Puno officially announced the approval or promulgation of the Writ of Amparo:
"Today, the Supreme Court promulgated the rule that will place the constitutional right to life, liberty and security above violation and threats of violation. This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights. This rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production, inspection and other relief to safeguard one's life and liberty. The writ of amparo shall hold public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold them accountable to our people. The sovereign Filipino people should be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice.

On September 23, 2007, undersigned petitioner as WikiPedian editor / User, created in the worlds largest and multi-awarded ON-LINE encyclopedia, Writ of Amparo and Habeas Data (Philippines), the very first article on AMPARO which had been created. Copies of the WikiPedia Article and the Talk Page are attached as Annexes A-1 and A hereof. SUPPORTING AFFIDAVIT (Sec. 5, A.M. No. 07-9-12-SC)
REPUBLIC OF THE PHILIPPINES )

-2-

Malolos City, BULACAN

) S.S.

I, Judge Florentino V. Floro, Jr., under oath, depose / say, that: Nature of the Petition / Parties / The names / personal circumstances of the petitioner / respondents responsible for the threat, act or omission The right to life, liberty and security of the petitioner violated or threatened with violation by an unlawful act or omission of the respondents; how such threat or violation is committed with the detailed attendant circumstances The investigation conducted, the names, personal circumstances, and addresses of the investigating authority or individuals, the manner and conduct of the investigation, together with any report / Court orders The actions and recourses taken by the petitioner to determine the Constitutional and legal violations by respondents, inter alia, and the identity of the person / s responsible for the threat, act or omission

Petitioner Judge Florentino V. Floro, Jr. is a resident of 123 Dahlia, Alido, Bulihan, Malolos City , 3000 Bulacan, where he may be served with court summons, orders, processes and decisions. Respondent Judge Thelma Pinero-Cruz, is the Presiding Judge, Br. 16, RTC, Malolos City, 3000 Bulacan; while respondent Mrs. Lerida SocorroJoson, is the legal researcher / OIC, Br. 16, RTC, Malolos City, 3000 Bulacan, where they may be served with court summons, orders, processes and decisions.

To begin with, Mandamus, Certiorari, Prohibition, mesne processes, Motions, Disbarment and Administrative or even Criminal Cases against respondents are useless remedies (in the ordinary course of law, due to clear bribery, which under our criminal jurisprudence can only be proved by NBI entrapment) For a clear violation of petitioners constitutional rights under our present rule of law, Amparo is the sole remedy of petitioner under the critical facts and applicable law/s, hereunder specified in detail.

-3-

The instant petition seeks Amparo protection from this Honorable Court against respondents - to prevent them from harassing or threatening to permanently delay - petitioner's consolidated case, particularly the promulgation of the decision, long overdue on December, 2004 / September, 2005. Moves to delay, maneuvers to submit piece-meal resolutions to limit justice and censor the pleadings are no longer just temptations for the respondents. Here is a reality that petitioner has to expose and stop, by the only efficacious remedy: Amparo. The writ, copied from a measure used widely in Latin America against abusive government officers and employees, was adopted by the high tribunal last year amid an upsurge of human rights abuses and extrajudicial executions in the country. This landmark and judicial FIRST Amparo petition is sought to stop / prevent respondent Mrs. Lerida Socorro-Joson (Joson, for brevity) from "utang-utang", demanding moneys from court litigants, and, as bar flunker, from drafting decisions, sowing judicial terrorism, doing illegal searching instead of legal searching, and, as UNQUALIFIED legal researcher, from making the trials - farce, or moro-moro so to speak, inter alia. Her acts of charging and prosecuting petitioner and ignorant litigants, with her coconspirators, which include lawyer/s in connection with the non-release of the judgment since December, 2004, tarnished the image of the judiciary. The instant petition also calls on this 2nd Highest Tribunal to preventthe respondents from effecting, and making threats of, issuing unjust
interlocutory orders, resolutions and acts of harassment of petitioner and other
litigants, in the course or in consequence of the hearing, trial and processes, due to greed, lust for money, and thirst for vengeance. St. Paul wrote that "death comes from sin, and sin comes from law" - the law of greed, envy, hatred, vengeance, vendetta,HYPOCRISY, graft and corruption, anger and bitterness - which cause/d cancer, stroke, nerve and spinal disorders, accidents, horrible deaths, lingering

illnesses,

extrajudicial

killings

and

desaparecidos,

necessitating

the

extraordinary remedy of AMPARO. The peremptory writ is the sole weapon against judicial HYPOCRISY and violation of the Constitution, inter alia, by Judge Thelma Pinero-Cruz (Judge Thelma, for brevity) by her unjust refusal to release a decision due on December, 2004, because of the clear P 80,000

pay-off.

-4-

Parenthetically (in the world-famous Judgment in A.M. No. RTJ99-1460, March 31, 2006, entitled "OCA vs. Judge Florentino V. Floro, Jr."), Justice Minita Viray Chico-Nazario ruled (in the ratio decidendi): "There is no indication that Judge Floro is anything but an honorable man. And, in fact, in our disposition of the 13 charges against him, we have not found him guilty of gross misconduct or acts or corruption. Moreover, Judge Floro himself admitted that he believes in psychic visions, of foreseeing the future because of his power in psychic phenomenon. He believes in duwendes and of a covenant with his dwarf friends Luis, Armand and Angel. He believes that he can write while on trance and that he had been seen by several people to have been in two places at the same time. He has likened himself to the angel of death who can inflict pains on people, especially upon those he perceived as corrupt officials of the RTCs of Malabon. He took to wearing blue robes during court sessions, switching only to black on Fridays. His own witness testified that Judge Floro explained that he wore black from head to foot on Fridays to recharge his psychic powers. Finally, Judge Floro conducted healing sessions in his chambers during his break time.
Judge Floros separation from the service does not carry with it forfeiture of all or part of his accrued benefits nor disqualification from appointment to any other public office including governmentowned or controlled corporations. Consequently, while Judge Floro may be dysfunctional as a judge because of the sensitive nature of said position, he may still be successful in other areas of endeavor.

As Judge Floros separation from the service cannot be considered a penalty, such separation does not carry with it the forfeiture of all or part of his accrued benefits nor disqualification from appointment to any other public office including government-owned or controlled corporations. In fact, the psychological and psychiatric reports, considered as the bedrock of the finding of mental impairment against Judge Floro, cannot be used to disqualify him from re-entering government service for positions that do not require him to dispense justice. The reports contain statements/findings in Judge Floros favor that the Court cannot overlook in all fairness as they deserve equal consideration. Lest we be misconstrued, we do not denigrate such belief system. However, such beliefs, especially since Judge Floro acted on them, are so at odds with the critical and impartial thinking required of a judge under our judicial system.

-5-

Psychic phenomena, even assuming such exist, have no place in a judiciary duty bound to apply only positive law and, in its absence, equitable rules and principles in resolving controversies.
http://www.supremecourt.gov.ph/jurisprudence/2006/mar2006/A.M.%20No.%20RTJ-991460.htm

Petitioner's constitutional rights to due process of law, property, liberty and security were violated when respondents Judge Thelma and Joson disobeyed the Constitutional provisions, Canons of Ethics for Court
personnel, Code of Judicial Conduct, Code of Professional Responsibility, Revised Penal Code, R.A. 6713, R.A. 3019, Rule 139-B, 139 and 140, Rules of Court, inter alia.

But worse, there continue to be very real threats that such rights of petitioner will again soon be disregarded and infringed upon. Why? The P 80,000 pay-off between respondents and Alfred Trinidad, son of litigants / LRC petitioners, through counsel Atty. Nye Orquillas, permanently locked the hands of respondents to release any decision on the 10 year case, putting petitioner at their mercy, and there is no longer any plain, speedy and fast remedy in the ordinary course of law. No less than the Honorable Supreme Court's 3rd Divisions final Resolution dated March 8, 2006 ruled: (against respondent Joson, and in favor of undersigned, in A. M. OCA IPI No. 05-2157-P): To REMINDS respondent OIC Mrs. Lerida Socorro-Joson to BE MORE CIRCUMSPECT and PRUDENT in the discharge of her duties . Bribery: urgent and compelling - chilling effect on litigants' and lawyers' recourse to the Courts first and foremost cause of extrajudicial killings These developments have far-reaching consequences because every litigant especially the pauper and less privileged have to worry that he or she may be forced to pay huge sums or bribes to magistrates in the Bulacan judiciary, specifically to the a) MAGICIANS b) CARDIOLOGISTS c) Marilao, Bulacan LATIAN fixers and d) respondents - due to conspiracy

-6-

between lawyers, judges, and court personnel, as fixers and brokers. Petitioner believed in the Supreme Courts long history of vigilance on this matter of paramount import. How can a bar flunker legal researcher, respondent Joson be qualified as OIC or legal researcher? How can the life, liberty and property of litigants be entrusted to such legally, mentally and physically disabled court personnel? Petitioner cites authority: Judicial corruption
On January 25, 2005, and on December 10, 2006, Philippines Social Weather Stations released the results of its 2 surveys on corruption in the judiciary; it published that: a) like 1995, 1/4 of lawyers said many/very many judges are corrupt. But (49%) stated that a judges received bribes, just 8% of lawyers admitted they reported the bribery, because they could not prove it. [Tables 8-9]; judges, however, said, just 7% call many/very many judges as corrupt[Tables 10-11];b) "Judges see some corruption; proportions who said - many/very many corrupt judges or justices: 17% in reference to RTC judges, 14% to MTC judges, 12% to Court of Appeals justices, 4% i to Shari'a Court judges, 4% toSandiganbayan justices and 2% in reference to Supreme Court justices [Table 15].

Petitioner runs to this Honorable Court of Appeals with urgent and compelling reasons. If petitioner (as lawyer, judge, world-famous prophet, psychic, healing magistrate, a Second Honors Ateneo alumni and 1983 Bar Exams, 12th placer, 87.55%) could not obtain justice in his own town and province, for he could no longer, by any legal means (including scholarly written and filed court pleadings) obtain justice per the Bulacan RTC rule of law, how can an ordinary mortal / litigant, unlike undersigned fight in the lowest / local courts of law? Petitioner's dilemma is: respondent Judge Thelmas spouse died ofcancer in 2004/5, when she failed to issue the decision; if petitioner would file this case in RTC Bulacan (the co-equal court for sure would invoke judicial courtesy); and/or if filed in the Supreme Court, respondent Judge, a member of UP Class 62, who is about to retire on 2009, would of course catch not only the attention, but the mercy and anguish of (the HUMAN NATURE) of about 4 incumbent Supreme Associate Justices, her classmates. My conscience is clear. The evil actuation of respondents is an attack on the credibility of the judicial department.

-7-

Burning issue Judge Thelmas Disobedience to the Constitutional mandate Sec. 15, (1), (2), (4), Art. VIII, 1987 Constitution Beneath the surface of a restored democracy, the Philippines still suffers from the collective trauma of martial law and an ingrained institutional habit of human rights abuse. Todays increasing resort to the writ of amparo is a consequence. (Cebu Daily News / Opinion Viewpoint, Memory holes, By Juan Mercado, Cebu Daily News, Philippine Daily Inquirer - 01/24/2008)
http://globalnation.inquirer.net/cebudailynews/opinion/view/20080124-114509/Memory-holes

Bakit po ba ang dami ng EJ killings and Desaparecidos? It is because of corruption in courts, per SWS surveys of 1995 / 2005: the UN Philip Alston and FIDH Reports, the Eric G. John and G. Eugene Martin Testimonies on March 14, 2007 at the USA Senate point to judicial corruption as ROOT of all extrajudicial killings and enforced disappearances: Litigants lost hope in going to courts due to selling of decisions, extortions by court personnel as fixers of judges, and finally the end result is recourse to the NPA, CPP and to 'juez de cochillo". Petitioner, (as worldfamous GIFTED), was endowed (by God per St. Paul and the 3 holy angels, world-famous LUIS, Armand and Angel), with the power to annihilate by Lights and Fire. He accurately predicted the 2007 mystic fires which halved the Supreme LOGO, on January 15, 2007, the Comelecs seal, the entire 4th floor of this Honorable Court, the Muntinlupa Metropolitan Trial Court, Malabon RTC, except his sala on July 22, 2000 and RTC Malolos Courts, circa 1987. On January 15, 2008, the 15th RTC Judge Navidad was shot on the left eye, and mercilessly, after Fr. Rey Roda was gunned down on the same days that the Supreme Court was burned, last year. God watches us from a very near distance, and not so far. On September 23, 2007, undersigned petitioner as WikiPedian editor / User, created in the worlds largest and multi-awarded ON-LINE encyclopedia, Philippine Extrajudicial Killings and Desaparecidos),the very first article on Philippine E-J Killings and Abduction, which had been created (copies of the WikiPedia Article and the Talk Page are attached asAnnexes B-1 and B hereof). Petitioner cites the pertinent parts:
-8-

Philippine Extrajudicial Killings and Desaparecidos International Reports - the root cause of killings Alston UN Report

Philip Alston submitted his final report on the killings; he found that the Armed Forces of the Philippines killed left-wing activists to get rid off communist insurgents: "the executions had eliminated civil society leaders, including human rights defenders, trade unionists and land reform advocates, intimidated a vast number of civil society actors, and narrowed the countrys political discourse. Alston denied for lack of merit the government's claim that killings were perpetrated by communists to exterminate spies and to make negative propaganda versus government. Alston, on February, 2007 stated that the military made alibis or denials on its role about 800 deaths of activists and journalists since 2001. Alston blamed impunity which caused the executions of journalists and leftist activists: the priorities of the criminal justice system had been distorted, and had increasingly focused on prosecuting civil society leaders rather than their killers. But Alston noted the government's creation of - special courts to try extra-judicial killings, the Melo Commission and the Philippine National Polices Task Force Usig.[56][57] In the November U.N. Alston report - the killings in 2007 was only 68, huge drop from the 209 murdered in 2006. Karapatanpublished its report however, listing 830 victims of extra-judicial killings since 2001, under Gloria Macapagal-Arroyo. [58] On March 1, 2007, theSupreme Court of the Philippines issued Administrative Order No. 25-2007, which created by designation 99 regional trial courts to try cases of killings and desaparecidos.[59]

Failed Investigations and Prosecutions

The United Nations Special Rapporteur on Extrajudicial Execution found that just on paper trails, cases are filed; but Alston officially concluded that there is a passivity, bordering on an abdication of responsibility, which affects the way in which key institutions and actors approach their responsibilities in relation to such human rights concerns; prosecutors refused to take a role in gathering evidence, and instead being purely passive, waiting for the police to present them with a file; the Ombudsmans office did almost nothing in recent years in this regard, failing to act in any of the 44 complaints alleging extra-judicial executions attributed to State agents submitted from 2002 to 2006." (Preliminary note on the
-9-

visit of the Special Rapporteur on extra-judicial, summary or arbitrary executions, Philip Alston, to the Philippines (12-21 February 2007), A/HRC/4/20/Add.3, March 22, 2007, p. 4., etc.)
[60][61]

The Eric G. John and G. Eugene Martin Testimonies

On March 14, 2007, Eric G. John, Deputy Assistant Secretary for East Asian and Pacific Affairs testified before the USA Senate Subcommittee on Foreign Relations at Washington, DC . John submitted his written statement: a) the increase in extrajudicial killings, b) the Huk Rebellion in the 1940s and 50s causing thousands of murdered victims; c) the communist New Peoples Army (NPA), which was listed in the U.S. State Department list of Foreign Terrorist Organizations campaigned to overthrow the government since 1968; d) Extrajudicial killings by the security forces, the NPA, etc. during the Marcos regime, were less; and e) noted the report of UN Special Rapporteur Alston which submitted the Philippine Governments recognition of the gravity of the problem, expresses concern about the views of the Armed Forces of the Philippines (AFP) regarding the problem, but much had to be done.[62] G. Eugene Martin, U.S. Institute of Peace Executive Director of the Philippine Facilitation Project, testified before the Senate Foreign Relations Subcommittee on East Asian and Pacific Affairs, and submitted to it the Asian Legal Resource Centre (ALRC) statement on the killings, a Joint Statement submitted by the World Council of Churches, the Asia Pacific Forum on Women, Law and Development and the Asian Legal Resource Center (ALRC) to the 6th Human Rights Council. Martin stated that the Philippine government said that it implemented measures to stop the killings, but he submitted that the reforms made did not and will not resolve the killings. Mr. Alston's March report stated that "the question of resources or technical expertise will partly resolve the killings but the strong risk is that these measures will treat only some of the symptoms of the crisis, and will fail to address meaningfully two of the most important underlying causes of a great many of the killings." (A/HRC/4/20/Add.3, March 22, 2007) Alston named 2 root causes of the killings a) 'vilification', 'labeling, or guilt by association - "characterization of most groups on the left of the political spectrum as front organizations for armed groups whose aim is to destroy democracy" making the groups "considered to be legitimate targets; and b) the 2nd cause is the Governments counter-insurgency strategy's extent of facilitating killings of activists and others.[63][64] G. Eugene Martin specifically expanded the 2 causes of the violence and killings: a) weak political and
- 10 -

social institutions, corrupt and ineffective judicial system, resulting to failure to obtain justice from corrupt Philippine courts; and b) the legacy of the Ferdinand Marcos regime;Martial law caused the corrupt system where soldiers, police, judges and prosecutors became principals of offenses like extralegal arrest, detention, incarceration, disappearances and killings (salvaging), all permitted or allowed. He traced the spate of violence and killings to political instability of President Arroyo government; while she created the Independent Commission to Address Media and Activist Killings, Melo Commission, she had no capability to end the killings, due to her political lameness because of the 2004 election controversy.[65]
[66][67]

FIDH Report

3 FIDH experts, Mr. Nabeel Rajab ( Bahrain ), Mr. Mouloud Boumghar ( France ) and Mr. Frdric Ceuppens ( Belgium ), came to the Philippines on August 13 to 23, 2007. Their FIDH mission report stated that torture and ill-treatment was widespread versus suspected terrorists. The Filipino government is a signatory to the International Covenant on Civil and Political Rights (ICCPR), and the UN Convention against Torture (CAT). The FIDH dismissed the Philippines government's claim doubts that mechanisms were placed to stop the killings, as it questioned the efficiency of - the corrupt judiciary, the government Witness Protection Programme ; also, judges and lawyers were victims themselves of killings. It also found the Philippine anti-terrorism law ( Human Security Act) to result in more torture and extra-judicial killings as a fight against terrorism.[68]

Reason why Amparo is the only remedy left for petitioner To be very specific in law and in fact, bribery and the specific payoffof P 80,000 duly received by both respondents Judge Thelma and Joson from Mr. Alfred Trinidad (as will be discussed hereunder, and resulting in the locking of the hands of respondents to prevent any attempt to release the decision, due since 2004), can only be tempered by C. J. Punos brain children Amparo and Habeas Data. Petitioner citer his very own CREATED WikiPedia article, the ONLY ARTICLE on Amparo, EKillings andDesaparecedos, in any world encyclopedia, to PROVE that the CRITICAL facts of the instant suit are verily COVERED by Amparo, thusly:

- 11 -

Promulgation of Writs of Amparo and Habeas Data

Because of the inefficacy and insufficiency of the Philippines Writ of Habeas Corpus, on September 25, 2007, Chief Justice Reynato Punosigned and released the Writ of Amparo: "This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights. This rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production, inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold them accountable to our people. The sovereign Filipino people should be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice'."[45][46][47] [48] Puno explained the interim reliefs under amparo: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection order (WPO, RA 6981).[49] As supplement to Amparo, on August 30, 2007, Puno (atSilliman University in Dumaguete City, Negros Oriental) promised to release also the writ of habeas data (you should have the idea or you should have the data) another new legal remedy to solve the extrajudicial killings and enforced disappearances. Puno explained that the writ of amparo denies to authorities defense of simple denial, andhabeas data can find out what information is held by the officer, rectify or even the destroy erroneous data gathered. Brazil used the writ, followed [50] by Colombia, Paraguay, Peru, Argentina and Ecuador.

On December 3, 2007, Reynato S. Puno stated that the writ released only 3 victims (including Luisito Bustamante, Davao City), since amparo was enforced on October 24: "I would like to think that after the enactment and effectivity (of the writ), the number of extrajudicial killings and disappearances have gone down."[51] On December 17, 2007, Iloilo regional trial court Judge Narciso Aguilar granted a writ of amparo against President Gloria Macapagal-Arroyo and 9 military and police officials to release Nilo Arado and Maria Luisa Posa-Dominado activists abducted on April 12.[52] On December 19, 2007, Dra. Edita Burgos petitioned the Philippine Court of Appeals to issue a writ of amparo against Armed Forces chief Gen. Hermogenes Esperon Jr and Army chief Lt. Gen. Alexander Yano regarding her son Jonas's abduction on April 28.[53]

- 12 -

On December 27, 2007, the 2nd Division, Court of Appeals 30page decision penned by Associate Justice Lucas Bersamin granted the writ of amparo filed by Reynaldo and Raymond Manalo, abducted activists.[54]

Recent Events

On February, 2007, The U.S. ambassador to the Philippines has broken her silence and called on Manila to end extrajudicial killings. On Feb. 27, U.S. ambassador Kristie Kenney U.S. ambassador to the Philippines alerted Mrs. Arroyo as she voiced her call to end these killings: "Let's beef up the human rights in the Armed Forces of the Philippines and make every effort to investigate, prosecute those responsible, [and] exonerate the innocent."[71] On August, 2007, the International Day of the Disappeared, Asian Human Rights Commission (AHRC) ranked the Philippines among the top eight countries in Asia where forced disappearances of activists are not just rampant but are done with impunity. Sri Lanka heads the list (statement posted on its website (www.ahrchk.net). The activists took part in the recent Human Rights School Session of the AHRC for 2007. The AHRC listed the other countries where forced disappearances take place with impunity: Pakistan, Indonesia, Bangladesh, Nepal,Thailand, Philip pines and parts of India.[72] On September, 2007, Marie Hilao-Enriquez, Karapatan secretarygeneral, formally petitioned the United Nations Human Rights Council(UNHRC) to direct the Philippine government to stop the extrajudicial killings. She filed the report on 60 cases killings have been recorded by Karapatan from January to June, 2007, alone, with 17 cases of disappearances, 12 of torture and 113, of illegal arrests.[73][74] On October 3, 2007 at Tarlac City, 69-year-old Bishop Alberto Ramento of the Iglesia Filipina Independiente (IFI), or Philippine Independent Church, and a vocal critic of killings under the Arroyo government, was stabbed 7 times and killed.[75] The December 11 2006 Philippines National Polices Task Force Usig submitted 115 cases of slain party list /militant members since 2001, and 26 cases of mediamen. The Philippine Daily Inquirer published 299 killings from October 2001 and April 2007 (See e.g. Alcuin Papa, 3 US solons to PNP: Respect human rights, Philippine Daily Inquirer, April 18, 2007)[76]

- 13 -

The December, 2007 year end report of Karapatan ( Alliance for the Advance of Peoples Rights) noted only 68 extrajudicial killings vis-a-vis year 2006 209 victims. Karapatan also reported 16,307 human rights violations just for 2007 (which include killings to forcible displacement of communities). Therefore, aside from the 887 killings since 2001 under Mrs. Arroyo, Karapatan, just for 2007, underscored 35 victims of political killings; 26, of enforced or involuntary disappearance; 8, of abduction; 29, of torture; 129, of illegal arrest; 116, of illegal detention; 330, of threat, harassment and intimidation; 7,542, of forcible evacuation or displacement, 3,600, of hamletting, interalia. As only solution, it petitioned the resignation of Mrs. Arroyo.[77] (with 356 left-wing activists murdered). The Philippines armed forces battled the Communists since 1969, with about 40,000 victims killed, and it had to ward off killings by Muslim radicals.[78]However, Justice Undersecretary Ricardo Blancaflor, head of Task Force on Political Violence contradicted Karapatan's submission only on the number of killings. PNP's Task Force Usig, according to Blancaflor noted only 141 cases, of which, only 114 are party list members or leftist activists.[79] On December 13, 2007, Philippine Human Rights Commissioner Dominador Calamba III, at the Philippine Working Group for an Asean Human Rights Mechanism forum denounced the failure of the government in its treaty reporting to the United Nations, due to "13 reports overdue." (reports due on implementation of international covenants signed by the Philippines to solve discrimination, forced disappearances and extrajudicial killings). Calamba reported 383 killings filed with the CHR, of which 145 were extrajudicial or political in form.[80] On January 1, 2008, the National Union of Journalists (NUJ) paid tribute to 171 journalists killed in 2007. Citing data published byInternational Federation of Journalists: Iraq was number one, with 65 deaths; in the Philippines, 6 journalists killed on 2007 were Hernani Pastolero (Sultan Kudarat), Carmelito Palacios (Nueva Ecija), Dodie Nunez (Cavite), Geruncio "Oscar" Mondejar (Mandaue), Vicente Sumalpong (Tawi-Tawi) and Fernando "Batman" Lintuan (Davao City); 54 journalists were murdered under the administration of President Gloria Macapagal-Arroyo. In 2006, INSI stated that the Philippines was the 2nd most dangerous country for journalists, next to Iraq , listing 15 workrelated journalists murdered.[81] On January 4,2008, the International Federation of Journalists (IFJ) Asia-Pacific director Jacqueline Park denounced the murders of broadcasters Fernando Lintuan in Davao City and former journalist Romelito Oval, Jr. It petitioned the Philippine government to fully investigate

- 14 -

2007 journalists' killings: "5 journalists as well as Oval were killed in the Philippines in 2007, which is shocking and reveals the extreme dangers that journalists face every day in trying to carry out their work. There will be no press freedom in the Philippines until this (situation) changes."[82]

On January 4, 2008, Anakpawis Rep. Crispin Beltran filed House Resolution 299 with the House of Representatives of the Philippines to investigate the murders and harassment of trade union / labor leaders in the Philippines. He cited the 2007 annual Survey of Trade Union Rights Violations of the International Trade Union Confederation: "33 of the total 144 cases of trade union killings worldwide happened in the Philippines; and 800 cases of beatings and torture of trade unionists in the country."[83][84] On January 9, 2008, PNP Task Force Usig announced that 3 policemen, 11 soldiers and 3 militiamen had been arrested or named suspects in killings of media men and militants since 2001. Director
Jefferson P. Soriano submitted the report with the 17 names to PNP chief Avelino Razon. As ofDecember 10, TF Usig prosecuted 113 killings cases of party-list members, leftist activists and 27 journalists.[85]

Twin horrible deaths happened on / circa the same day last year, January 15, 2007, that the Supreme Court of the Philippines' (logo or seal) was mysteriously burned into halves by an almost one hour afternoon fire.[86][87] Despite different appeals by local and international groups, the spate of extrajudicial killings in the Philippines continued. On January 15, 2008, Reynato Puno condemned the murder of Judge Roberto Navidad, Regional Trial Court, Branch 32, Calbayog City, Samar, the 15th judge to be ambushed since July 20, 1999, the 14th under the Arroyo government. Just starting his engine, black Nissan Patrol SUV ( TPL-911), Natividad was shot in the face / left eye, at 7:10 p.m. Monday, by a lone gunman, 54" tall and mediumbuilt, wearing black jacket, using a 45 caliber pistol.[88] On Tuesday, Catholic missionaryRey Roda, Oblates of Marry Immaculate (OMI), 54, was shot dead at 8:30 p.m., when he resisted abduction attempt by unidentified 10 armed men in a chapel at ikud Tabawan village, South Ubian, Tawi-Tawi, South Ubian . In February 1997, another OMI leader, Bishop Benjamin de Jesus was shot dead in front of the Jolocathedral.[89] In 2006, the Asian Human Rights Commission stated that there had been 26 priests, pastors, and churchmen who were liquidate or were victims of violence under the Gloria MacapagalArroyo administration since 2001.[90] This includes 3 priests who were reported killed just in 2007: Basilio Bautista of the Iglesia Filipina Reform Group, in Surigao del Sur, Indonesian priest Fransiskus Madhu, in Kalinga province, and Catholic priest Florante Rigonan, in Ilocos Norte.[91] OnJanuary 19, 2008, the Catholic Bishops Conference of the Philippines (quoting from a letter of Vatican Secretary of State Cardinal Tarciso Bertone), announced that PopeBenedict XVI "praised the courage of, and was saddened over the brutal and tragic killing of Fr. Reynaldo Roda in his ministry as head of Notre Dame School." The Pope wrote Jolo Bishop Angelito Lampon: "calls upon the perpetrators to renounce the ways of violence and to play their part in building a just and peaceful society, where all can live together in harmony."[92]

On January 16, 2008, the New York-based international democracy watchdog Freedom House dropped or relegated the "freedom status" of the Philippines to partially free from a list of totally free countries. It based its Philippine status downgrade on the spate of
- 15 -

political killings, "specifically targeting left-wing political activists in the country, freedom in the sloped downward."[93]

On January 18, 2008, the Kilusang Magbubukid ng Pilipinas (KMP), led by KMP chairman Rafael "Ka Paeng" Mariano (president of the Anakpawis), condemned the January 12kidnapping and January 16 extrajudicial killing and torture of their farmer and local leader Teldo Rebamonte, 45, Masbate Peoples Organization (who was supposed to join the commemoration of the Mendiola Massacre) in Barangay Nabasagan, Concepcion in Claveria, Burias Island, Masbate.[94] On January 23, Karapatan announced that the 2 latest victim of extra-judicial killings were: Tildo Rebamonte, 45, a Claveria,Masbate carpenter, who was gunned down on January 16, 4 days after he was allegedly kidnapped by the Philippine National Polices Regional Mobile Group; and ex-political prisoner Ronald Sendrijas, 35, who was shot dead in Tagbilaran City, Bohol on January 17.[95] On January 23, 2008, (or in just 9 days after the murder of a priest) Pastor Felicisimo Catambis, 60, of the United Church of Christ in the Philippines (UCCP) in Catugan, Barangay (village) Balucawe, Leytetown was shot dead by a still unknown assailant.[96]

Culpable violation of - the Constitution, Canon of Judicial Ethics, the Rule of Law, R.A. 3019, Rules 140, 139-B, 138, Rules of Court, Canon of Professional Responsibility, Canon of Ethics for Court Personnel Respondent Judge Thelma, in conspiracy with broker and court fixer, respondent Joson, allowed her hands to be locked and tied, due to the P 80,000 cash pay-off (by Mr. Alfred Trinidad, son of LRC petitioners therein, the Spouses Alfredo and Florentina Trinidad, who were both very ill with massive stroke, inter alia, which money was badly needed at the time Judge Thelmas husband suffered METASTASIS and died, circa 2004/5). Shocking to the conscience of the courts, Judge Thelma culpably violated the Constitution which she swore as lawyer and later as Judge, to obey, defend and implement, in the end that she would not delay a mans / litigants cause for money, inter alia. Petitioner cites the fundamental law:

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twentyfour months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts. (2)A case or matter shall be deemed submitted for

- 16 -

decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court
itself. (4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Precedents On December 16, Celestinos siblings, Nelson and Amelia, filed a motion seeking a writ of amparo on behalf of their brother, who they said was illegally arrested without a warrant at the NAIA when he arrived to take his flight. The court issued a temporary protection order for Celestino, who was arrested at the Ninoy Aquino International Airport on December 5 as he was about to leave for Virginia , USA , where a job as a lifeguard awaited him. They claimed he was also being pressured to replace his lawyer, Reynaldo Robles, with another lawyer who will readily cooperate with the government. (Court takes up ex-Marines amparo plea, January 22, 2008, DJ Yap Philippine Daily Inquirer)
http://www.inquirer.net/specialfeatures/makatistandoff/view.php?db=1&article=20080122113941

On January 15, 2008, The Supreme Court has issued a writ of amparo to activist priest Fr. Robert Reyes to stop alleged harassment by the government and ordered Justice Secretary Raul Gonzalez and Immigration Commissioner Marcelino Libanan to make a verified return, or an official report in response to the writ, with the Court of Appeals by January 24. The appellate court was also tasked to hear the petition on January 25 and decide the case within 10 days after it is submitted for decision. However, what the priest wanted was blanket removal of the hold order which the justice secretary said was not possible as there is still a case against him. The writ of amparo provides remedies to a person whose rights to life, liberty and security are violated and threatened. The writ requires respondentswhether government officials or agencies, or private individualsto take action to resolve a grievance and not merely deny the allegation against them.

(Court heeds running priests plea for amparo - By Jerome Aning Philippine Daily Inquirer - 01/20/2008)
- 17 -

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080120-113530/Court-heeds-running-priests-plea-for-amparo

Critical Facts Detailed narration of bribery, pay-off, and the consequential refusal by respondents Judge Thelma and Joson to release the Decision long overdue since 2004 / 2005

1. Consolidated cases C.C. No. 938-M-98 and P-405-98 were filed on

September 28 / 29, 1998 by petitioner with Brs. 9 and 19, RTC, Malolos, Bulacan; the parties submitted to the court stipulations of admitted exhibits and facts with comments and objections, plus the direct testimony of undersigned in 1998;

2. These cases were raffled initially in 1998 to Brs. 9, 19, 80 and in 2004

to Br. 16, where they were tried, heard and submitted for decision on September 22, 2004 and June 17, 2005; (certified copies of the Orders dated September 22, 2004 and June 17, 2005, issued and signed by respondent Judge Thelma are attached as Annexes C and C -1, respectively hereof); 3. On February 24, 2005, respondent Judge Thelma dismissed all these 2 consolidated cases upon motion by Atty. Nye Orquillas (counsel of the LRC petitioners spouses Alfredo and Florentina Trinidad; this counsel maliciously caused the loss of the case of his clients Trinidads; petitioner, twice reserved his right to file disbarment case against said attorney), due to alleged non-payment of docket fees by undersigned on amended complaint filed on 1998 / 1999; but the respondent Judge Thelma found her glaring error; ergo, she rectified the same, reversing herself, thereby granting undersigneds Motion for Reconsideration, giving undersigned reasonable time to pay docket fees on the amended complaint - Interlocutory Order of September 7, 2005; (certified copies of the Orders dated February 24, 2005 and September 5, 2005, issued and signed by respondent Judge Thelma are attached as Annexes D and D-1, respectively, hereof);

- 18 -

4. Undersigned filed an administrative case against Mrs. Lerida Socorro

Joson and the 3rd Division Supreme Court rendered a FINAL JUDGMENT (dated March 8, 2006) against her, and in favor of undersigned in A. M. OCA IPI No. 05-2157-P: To REMINDS respondent OIC Mrs. Lerida Socorro-Joson to BE MORE CIRCUMSPECT and PRUDENT in the discharge of her duties . (Copy of page one of the pertinent A. M. OCA IPI No. 05-2157Ppleading filed by undersigned is attached as Annexes E hereof, for reference; undersigned reserves the right to submit in due course, copy of the 3rd Divisions above-cited resolution );
5. Respondent Judge Thelma, knowing the glaring mistake, and knowing

that she rendered the foregoing UNJUST resolutions in violation of the Revised Penal Code / the Canons of Judicial Ethics, inter alia, reversed herself for the second time: undersigned submitted certified copies of document - parts of the records, which proved payment of docket and all legal fees on the subject amended complaint; in the Order dated 22 October, 2007, respondent Judge Thelma ruled that undersigned really paid the docket fees and instead of deciding the cases, she set the same for hearing on November 22, 2007. Certified copy of the Order dated 22 October, 2007, issued and signed by respondent Judge Thelma is attached as Annexes F hereof);

6. Meanwhile, undersigned, by accident discovered the graft and

corruption perpetrated at Br. 16, RTC, Malolos, Bulacan, to wit:

a) When undersigned paid a picture frame at Maunlad Mall I and II, Poblacion, Malolos, Bulacan, many stall holders complained about the Pulumbaret case where they denounced the corruption at Br. 16, RTC, Malolos P 2.0 million payoff and monthly cash pay-offs to respondents, regarding the rentals in the controversial mall case; however, undersigned

- 19 -

failed to get any hard evidence (which can be subject of an NBI entrapment case, which under settled jurisprudence, is the only mesne process to indict a Judge for bribery; Vide: case of Valenzuela RTC, Judge Jaime Bautista; and it is so rare); however, undersigned was able to communicate with the complainants / a Bank regarding the immense corruption perpetrated on 2004 / 2005, regarding Br. 16, RTC, Malolos, Bulacan, including alleged loans from litigants / lawyers, brokered by respondent Joson for the terminally ill (metastasis) husband of Judge Thelma medical bills, which ballooned ; unfortunately, the Banks complaint was dismissed on technical grounds. Copy of the Resolution dismissing the case against respondent Judge Thelma is attached as Annex G hereof; b) After Judge Thelma dismissed undersigneds case per Order dated February 24, 2005, in OPEN COURT, she begged to unload these cases on the ground that her court was designated as Family Court; but undersigned objected vehemently, since she already heard, tried and finished the case, and was mandated to issued the decision long overdue since December, 2004 and September, 2005, per her orders of submission for decision (Annexes C and C -1, respectively hereof); respondent Joson, due to the pay-off, refused to include these consolidated civil / LRC cases as those submitted for decision in her monthly and other reports required by the OCAD, despite repeated written demands by undersigned and despite the administrative cases above-cited Resolution which directed her to comply with the rules and circulars, to the damage and prejudice of undersigned; c) When Ms. Belen Gomez (Alido, Malolos, Bulacan) was ordered by undersigned to clear the fighting cocks and dirt at the road right-of-way of the subject land of those consolidated cases (owned by undersigned at Calvario, Meycauayan, Bulacan), Mr. Alfred Trinidad (son and representative of the MASSIVE stroke patient therein LRC petitioner Alfredo Trinidad and his spouse co-petitioner very ill Mrs. Florentina Trinidad) demanded P 80,000 reduced to P 60,000 from

- 20 -

undersigned (per verbal request / imposition to Belen Gomez at a merienda in Jolibee, Poblacion, Meycauayan, Bulacan, last year) as causa / consideration, for removal of the interference / nuisance; Mr. Alfred Trinidad stated that Yan ang nagastos namin sa kaso stating in no uncertain terms the pay-off to respondents / co-conspirators, Br. 16, RTC, Malabons OIC, Mrs. Lerida Socorro Joson as front, and counsel Atty. Nye Orquillas (who merely filed a 10 pages Motion to Dismiss, at that time); d) Because of the pay-off of P 80,000, undersigneds 1998 submitted cases could not be decided despite repeated written and verbal motions to promulgate / release the decision due since 2004 / 2005;

7. In violation of the Code of Professional Responsibility and with

palpable conspiracy, Atty. Irineo E. Guardiano, (the new counsel for therein defendants spouses Mariano and Ligaya Blancos) blocked the release of the decision to cover-up and protect the clear falsification of the certificates of services of respondent Judge Thelma: Atty. Guardiano filed 2 sham and false motions a) which asked the court AGAIN to dismiss these cases on the GROSS IGNORANCE of the law ground that undersigned did not indicate his P.T.R. in the pleadings; undersigned called the attention of respondent Thelma that undersigned appeared as LITIGANT / petitioner and not as lawyer, and he never practiced law since November 5, 1998 when he was appointed Judge; asking for time to reply and given time by the court, Atty. Guardiano did not reply but instead b) asked the Court to order undersigned to file FORMAL OFFER OF EVIDENCE; however, undersigned called again the attention of respondent Judge Thelma that i) she herself admitted all the Exhibits A to I / sub-markings of petitioners / undersigned, which were formally offered with purposes and she ordered these cases submitted for decision on June 17, 2005 and September 22, 2004and even ordered all defendants to have waived their rights to present evidence (Annexes C and C -1); and ii) the P 80,000 pay-off through Mrs. Lerida Socorro-Joson and iii) the 2 legal, written and filed reservations to file administrative
- 21 -

and disbarment cases against the two co-conspirators, the Fiscal and the new lawyer to cover-up the a) falsification of the certificate of service and b) non-release of decision as of September 22, 2004 /June 17, 2005; Copies of the sham and false pleadings filed by Atty. Ireneo E. Guardiano, co-conspirator of respondents, are attached as Annexes H and H-1, hereof; 8. At the last hearing of the subject consolidated cases, respondent Judge Thelma denied undersigned plea to issue an order directing the issuance of the decision; instead she again and again and again, ordered ONLY the incidents, that is, the Omnibus Motions and the Motion to Issue Decision filed by undersigned, merely submitted for decision; respondent Judge Thelma miserably failed also to resolve undersigneds pending motions for more than one year; Duplicate original of the last order dated January , 2008 issued by respondent Judge Thelma is attached as Annex I hereof. 9. At the hearing dated 13 September, 2004, respondent Judge Thelma issued an Order which ruled that petitioners Exhibits A to I / submarkings were duly admitted after Formal Offer of Evidence. Copy of said Order is attached as Annex I-i hereof;

10. Petitioner also submitted copy of his P.T.R. No. 0005034, dated

January 11, 2007, P 300, Malolos City , Bulacan, even if he never practiced law, just to put to finish any technicality. Copy of this P.T.R. is attached as Annex K hereof;

11. On December 17, 2007, petitioner filed with respondent Judge

Thelmas court, a 16-pages Opposition to the sham and false dilatory Motions filed by respondent Judge Thelmas co-conspirator, defendant spouses Blancos, per Atty. Irineo E. Guardiano. Copy of this pleading is attached as Annex K-1 hereof;

12. On January 17, 2008, petitioner filed with respondent Judge Thelmas

court, a 16-pages Verified Rejoinder to the sham and false

- 22 -

dilatory Manifestation and Comment to Opposition, filed by respondent Judge Thelmas co-conspirator, defendant spouses Blancos, per Atty. Irineo E. Guardiano. Copy of this pleading is attached as Annex L hereof; A model for all The judiciary and the entire nation is watching. What becomes of this case will become a model for other courts and other lawyers, litigants, jurists and even law students, aspiring to be counsels, in the same situation. Ultimately, the decision that will be handed by our courts and this Court in this landmark case of first impression to STOP a Judge and her clerk of court from continued and unending THREATS / culpable violation of the Constitution / mockery of justice / contempt of the Temples of Justice. This case / its outcome will influence the future of democracy in our country: Can a case be purchased by cash down payment and cash installments? I know that if we do nothing, we help destroy freedom, the judicial institution, not only the property but the very life, liberty and destiny of Malolos City , Bulacan litigants, the bench and the bar, in the Bulwagan ng Katarungan. That is why I came to this Court today. This case is being watched all over the world, the nation, and perhaps, tomorrow by the world, by Latin American Amapo countries. I state with certainty that this case is compelling because the respondents had been using the strong arm of the law to censor, oppress and intimidate the petitioner, to permanently stop and delay the subject civil / LRC cases, and respondents will continue to do so unless this Court intervenes and stops them. These are uncertain times for the judiciary. Unless we do something about it, the next crisis situation will see journalists, lawyers, judges, and litigants being killed not only in the open field but in the courtroom itself, like today: Man shoots three; takes hostages in Manila City Hal; Exmayor killed in Manila courtroom shooting; gunman escapes

A man has reportedly shot a former mayor and two other people in Manila City Hall and took hostages while inside an elevator. An initial report from radio dzMM said a lone
suspect seized a gun from one of the jailguards and shot Yap and his bodyguard, Peter Villanueva. Another victim, Bella Santos, was also shot on the foot, in

the fourth floor of the Manila City Hall Tuesday. After the shooting, the unidentified assailant took hostages while inside an
- 23 -

elevator. It was not yet clear how many hostages were inside the elevator. Reports said the former mayor was in Manila City Hall to attend a hearing in Manila Regional Trial Court Branch 19. Yap was found guilty of killing former mayor Victorio Boy Cebedo of
Rizal, Zamboanga del Norte, before the 1992 local elections, and was sentenced to life imprisonment. Yap was reportedly a known political rival of the Cebedo family. In 2007, the Court of Appeals reversed the ruling and ordered Yap 's release, citing conflicting accounts of the shooting. Yap has other pending cases.

(Abs-Cbn Interactive, January 29, 2008) http://www.abs-cbnnews.com/topofthehour.aspx? StoryId=107235


Barrage of threats This Amparo petition is urgent because the respondents Judge Thelma and Joson have unleashed a barrage of threats and warnings against petitioners - JUDICIAL LIBERTY, FREEDOM, and destiny of petitioner, since the subject property is his own ancestral home / house and lot where he was born on November 5, 1953, where he grew and was persecuted by respondents since 2004 - although silent, and be viewed only from the annexed pages, parts of the lower courts expediente. Petitioner noted the threats came right after respondents received the subject consolidated cases, and specifically upon their receipts of the P 80,000 pay-off/s in 2004 / 2005, the Alfred Trinidad fighting cock incident. Publics right to know Threats are easy to make. When the respondents received the cash payoffs, they make threats, and this is even more problematic because they have the coercive power to back those threats, specifically, the records / annexes hereof, carved from respondents records below, prove beyond reasonable doubt, these THREATS, which are VIRTUAL REALITY in law and in fact. More than judicial freedom, this case is about the right of the people, the bench, the bar, and litigants, to information. The public / litigants suffer when the information / DATA, about these pay-offs they need could not be provided from respondent court, because of threats, censorship and prior restraint, due to clear and present danger of FEAR of further piece-meal VENDETTA in the subject cases. The supplemental Writ of Habeas Data (which can be availed of by petitioner on its effectively on February 2, 2008) will truly reveal per HAVING DATA from Mr. Alfred Trinidad, the specifics of the P 80,000 pay-off:that is the breakdown HOW MUCH DID RESPONDENTS
- 24 -

JUDGE THELMA AND JOSON RECEIVED AS GREASE MONEYS AND HOW MUCH WAS THE PERCENTAGE / ATTORNEYS FEES OF ATTY. NYE ORQUILLAS ? The truth will be unveiled upon issuance of the peremptory writ of Habeas Data, in due course. Litigants / judicial rights disregarded Without this Honorable Courts urgent intervention, petitioner, the bench, the bar, litigants, journalists, will suffer grave injustice and irreparable injury from acts that are plainly against the Constitution, since there will be no more faith in Bulacan courts, due to magicians, brokers, fixers, cardiologists, and more importantly, in respondents FAMILY court, respondents threats of selling decisions / resolutions would convert the lower court trials to farce, or moro-moro so to speak, forcing litigants to run nowhere to, but to practice EXTRA-JUDICIAL KILLINGS and DESAPARECIDOS. Judge Floro demands the resignation of Judge Thelma and ouster of broker, respondent Joson, to stop the E-J Killings and Abductions The respondents blatant disregard of the rights of litigants / petitioner, especially their treatment of petitioner as BEGGAR in the court, pleading, filings motions, appearing in hearings, participating in trials since September, 1998 until January, 2008, without even the single appearance of any adverse parties / defendants therein, calls for the exercise by this Honorable Court of its power of supervision to protect basic rights and freedoms. Respondent Judge Thelma is no longer dispensing justice, but is engaging in censorship and prior restraint of court pleadings, trials, orders and NO JUDGMENTS orders, when there is pay-off -- areas that respondents must respect, not invade, under our Constitution. Litigants are tired of paralyzing divisions, corruptions and moral bankruptcy in the judicial department, more importantly in RTC, Bulacan. Petitioner is utterly confident that this Honorable Court would take a look into this and try to bring about the closure of these consolidated cases because the general public
and all of us are still waiting for some genuine REPENTANCE on the part of respondents, considering the dire pains of CANCER of her husband on 2004 / 2005, and the following DIRE PROPHECIES fulfilled on these consolidated cases, to wit:

Timeline Dire Prophecies Br. 9, RTC, Malolos, Bulacan +Judge Roy D. Masadao (first Judge that handled the instant lower court case C.C.
- 25 -

No. 938-M-98, September, 1998) fell on a horse and failed to finish his gubernatorial campaign in Tabuk, Kalinga Apayao; +Atty. Rafael Santos, first counsel of record of defendants in subject consolidated cases before herein respondents - LRC P-405 / C.C. No. 938-M-98 died during the pendency of these cases before Br. 80, RTC, Malolos, Bulacan, before Judge Cesar Casanova; Judge Cesar Casanovas +mother died of lingering illness due to METASTASIS when petitioners motion was denied; Defendants spouses Mariano and Ligaya Blancos Eastern Tanning Tannery at Bancal, Meycauayan, Bulacan, was burned and uninsured, the spouses lost P 100 million; his brother Mayor Tinoy Blanco was disqualified, while Mariano / Tinoy Blanco lost the Meycauayan, Elections twice; Respondent Thelmas +husband died of CANCER, 2004 / 2005, long illness; Br. 9, RTC, Malolos, Bulacan +Judge Roy D. Masadao died of CANCER on 2005, when respondent Judge Thelma received the pay-offs and delayed petitioners cases Petitioner begs this Court pursue relentlessly the truth behind the P 80,000 pay-off to respondents Judge Thelma and Joson scandal. The events warned that the judiciary could ill afford another similar controversy. Moral bankruptcy That the judicial order is accused too often of moral bankruptcy with nary an exception is a sad sign of the general cynicism and frustration of our nation. Most unfortunately, there does not seem to be any way of achieving closure. For the process and results of standard democratic and judicial inquiries, sometimes including those by higher Courts, are received with skepticism and cynicism. We have to confess that corruption is in truth our greatest shame as a people. Corruption was / is at its worst, leading to extrajudicial executions of judges, the latest of which is the January 15, 2008 murder of Judge Navidad, and petitioners very own clerk of court, Br. 73, RTC, Malabon, former PAO and incumbent Fiscal Julio Taloma, was gunned down in Petitioners home town, Meycauayan, Bulacan, on 2005. Same old problems They are the same old problems, or variations of them, which have been plaguing our nation and Bulacan for years on end, through successive political and judicial administrations.

- 26 -

Nothing or very little seems to have been done about them. In them we see the all too patent subordination of the common good to private good. Putting oneself before the interests of the general public had been the basic fault in the countrys political and judicial culture: when respondent Judge Thelmas husband was sick and needed huge sums for metastasis treatment, respondent Joson acted as broker, ranging from loan activities to selling court orders. Petitioner is just ONE of their victims. The persistence of that deep-seated fault pushes us to conclude in sorrow that we as a people are still devoid of a real social conscience. COUNT the cases of graft and corruption in the OCAD, OMBUDSMAND, SANDIGANBAYAN, etc., etc., etc. Never mind the SWS surveys, just stick to the SCRA reports on dismissals of government employees. And now, we are shocked with Malaya s Jake Macasaets P 10 million bribery contempt case, to wit: P 10 million bribery controversy On September 24, 2007, Ynares-Santiago denied charges that she received P10-million (US $ 224,000) bribe money (as published by The Daily Tribune, Malaya newspaper's Amado Macasaet and Newsbreak, the previous week). Santiago declared: At the outset, let me underscore that these are blatant lies clearly aimed at smearing and maligning my character and person, and the integrity of the Judiciary, which I have been faithfully serving for 34 years now. Santiago asked Chief Justice Reynato Puno for an investigation. Macasaets column alleged that the P 10-million money was put in 1 of 5 gift boxes and left at the court's guardhouse. Santiago 's staff Daisy Cecilia Muoz Delis (niece of the late Associate Justice Cecilia Munoz-Palma) personally got and opened the package and delivered it to Ynares-Santiago. Delis was dismissed (but she denied, stating she resigned on March 15), gave Justice Santiago her affidavit and Macasaet's letter.[1] [2] [3 Newsbreak online published that the payoff dealt with 2 lawsuitswhich Santiago decided: "HENRY T. GO vs. 5th Div. Sandiganbayan", G.R. No. 172602, SPECIAL THIRD DIVISION , September 3, 2007, [4][5]and the Maysilo estate. Supreme Court of the Philippines Reynato Puno was forced to include this bribery matter for deliberation (in the September 25 en banc session) based on petition of 4 other incumbent lady justices.[6] [7][8] [9] Senator Miriam Defensor-Santiago accused another Supreme Court of the Philippines justice of smear campaign against Consuelo YnaresSantiago (to urge her to inhibit from a multi-billion peso 34hectareMaysilo-Araneta University land case). Ynares-Santiago's decision awarded the land to Homer Barque, represented by counsel Felix Carao Jr. [10] The Court issued an indirect contempt indictment directing Macasaet to substantiate his published claims.[11]

- 27 -

A.M. No. 07-09-13-SC In the promulgated resolution dated September 26, 2007, the court ruled: "Upon evaluation of the column Business Circuit, of Amado Macasaet in the September 18, 19, 20, and 21, 2007 issues of Malaya, it appears that certain statements and innuendoes therein tend, directly or indirectly, to impede, obstruct, or degrade the administration of justice within the purview of Section 3(d), Rule 71 of the 1997 Rules of Civil Procedure." Macasaet was ordered "to shed light on his claim against Santiago because the accusations have degraded the high court, and to explain where he obtained his information that Santiago was allegedly offered a P10-million bribe." [12] [13] [14] [15] On October 1, 2007, Macasaet filed a 28-page reply-explanation to the contempt charges. Macasaet stated that he wrote his column to call for an investigation and to preserve the integrity of the Court: "the investigation on his alleged liabilities is not only unsettling but signals a chilling effect on free speech; Yet, without that call (for an investigation), truth would be not exposed to the scalding light of public inquiry." [16] On November 13, 2007, the Court accepted both the resignation and inhibition / disqualification of retired Supreme Court Justices Vicente V. Mendoza and Romeo J. Callejo, Sr., as members of the Investigating Committee, leaving Justice Carolina Grino-Aquino as lone member / Chair (as the trial was set for November 8 and 29). The Aquino team asked Macasaet to name his source on the alleged payoff, but the publisher refused and invoked Republic Act 1477 or the right not to reveal a journalists source unless national security is at stake, and further alleged that the Santiago case pertains to bribery, a criminal issue. Consuelo Ynares-Santiago allegedly made enemies in the High Court, starting with retired Chief Justice Artemio Panganiban, as a result of Macasaets allegation.[17][18] http://en.wikipedia.org/wiki/Consuelo_Ynares-Santiago 13. To repeat, petitioner JUDGE FLORO MUST BE GIVEN PROTECTIVE ORDERS since the P 80,000 pay-off is a permanent barrier to stop at all costs any attempt to release the decision since Br. 16 is committed to the payors of the grease money; 14. Without any Order from this Court, the extra-judicial killings and desaparecidos will not only multiply but will invite other dire pains to the judiciary. Undersigned respectfully awaits JUST ORDERS from this Court emanating as interim reliefs from the Writ of Amparo in due course and Habeas Data to exorcise Br. 16, RTC, Malolos, and the notorious MAGICIANS, CARDIOLOGISTS, brokers of Latian, Marilao, Bulacan, inter alia, at RTC, Malolos, Bulacan.

- 28 -

15. The pertinent rules, circulars and laws violated by respondents are cited hereunder for reference purposes:

A.M. NO. 01-8-10-SC- RE: PROPOSED AMENDMENT TORULE 140 OF THE RULES OF COURT RE: DISCIPLINE OF JUSTICES AND JUDGES - The Court resolved to APPROVE the amendment of Rule 140 of the Rules of Court regarding the discipline of Justices and Judges, so as to read as follows: RULE 140 - DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN SEC. 8. Serious charges. Serious charges include: 1. Bribery, direct or indirect; 2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019); 3. Gross misconduct constituting violations of the Code of Judicial Conduct; 4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding; 7. Borrowing money or property from lawyers and litigants in a case pending before the court; 9. Gross ignorance of the law or procedure; SEC. 9. Less Serious Charges. Less serious charges include: 1. Undue delay in rendering a decision or order, or in transmitting the records of a case; 4. Violation of Supreme Court rules, directives, and circulars; 6. Untruthful statements in the certificate of service; SEC. 11. Sanctions. A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed: 1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits; 2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or 3. A fine of more than P20,000.00 but not exceeding P40,000.00 B. If the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed: 1. Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or 2. A fine of more than P10,000.00 but not exceeding P20,000.00.

- 29 -

These amendments to Rule 140 shall take effect on October 1, 2001 following their publication in two newspapers of general circulation on or before September 15, 2001. CODE OF JUDICIAL CONDUCT - CANON 3 A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH IMPARTIALITY AND DILIGENCE ADJUDICATIVE RESPONSIBILITIES RULE 3.01 - A judge shall be faithful to the law and maintain professional competence. RULE 3.02 - In every case, a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interests, public opinion or fear of criticism. RULE 3.05 - A judge shall dispose of the court's business promptly and decide cases within the required periods.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. CODE OF PROFESSIONAL RESPONSIBILITY (June 21, 1988) Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice. Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

1997 Rules of Civil Procedure: RULE 7 - PARTS OF A PLEADING


Sec. 3. Signature and address. Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address, shall be subject to appropriate disciplinary action.

RELIEF IN THE LIGHT OF respectfully prayed that the instant THE FOREGOING, it is

Verified Petition for Issuance of Writ of Amparo / Affidavit


[With Prayer To Issue Interim Reliefs of Temporary Protection Order, Inspection Orderand Production Order under Sec. 14, A.M. No. 07-9-12-SC as amended by A.M. No. 07-9-12-SC, and Legal Reservation of the Right to File Supplemental Petition for Habeas Data(effective on February 2, 2008), and Separate Administrative, Criminal and Civil Casesagainst Respondents and co-conspirators, under Sec. 21]

And Urgent Prayer for Immediate Resolution

- 30 -

be duly noted, DOCKETED, given due course and granted. It is finally prayed that the matter be IMMEDIATELY RESOLVED in view of its importance and merit. It is finally prayed that Judge Pinero-Cruz and Mrs. Lerida Socorro-Joson be directed to file COMMENT forthwith. In the interim, specifically, upon filing hereof, it is further prayed to this Honorable Court that the peremptory Temporary Protection Order, Inspection Order and Production Order under Sec. 14, A.M. No. 07-9-12SC as amended by A.M. No. 07-9-12-SC, be issued, a) ORDERING respondent Judge Thelma Pinero-Cruz to cease and desist from further acting in any manner to delay the promulgation of the Decision already due since 2004 / 2005, in C.C. No. 938-M-98 and P-405-98, b) ORDERING her toIssue the Decision in C.C. No. 938-M-98 and P-405-98 (Ordered by hersubmitted for Judgment on September 22, 2004 and June 17, 2005 Annexes C and C -1) and c) ORDERING her to rectify her 2004, 2005, 2006, 2007 and latest 2008 falsified certificates of services, from said dates until the cases Decision is released in accordance with the mandates of the 1987 Constitution, the Canon of Judicial Ethics and R.A. 3019, and d) ORDERING the Branch Clerk of Court / OIC, respondent Mrs. Lerida Socorro-Joson to obey the 3rd Division S.C. Decision against her, in A. M. OCA IPI No. 05-2157-P - specifically to Order her to Include in themonthly Reports, inter alia, the said Cases as those submitted forDecision as of said dates, December, 2004 and September, 2005. SPECIFICALLY, it is prayed to this Honorable Court, to Petition Chief Justice Reynato Puno / Supreme Court, to appoint a Lawyer Branch Clerk of Court, for Br. 16, RTC, Malolos, Bulacan, and in the meantime to detail / transfer respondent Mrs. Lerida Socorro-Joson to the OCC, RTC, Malolos, Bulacan, in the interest of public service since she is abar flunker, who is absolutely disqualified to be a legal researcher (thereby placing in jeopardy the destiny of litigants, detention prisoners and thebar / bench, because of her gross ignorance of the law / procedures and for having absolutely tarnished the image of judiciary because of clear graft and corruption, uncer R.A. 3019, violation of the Canons of Ethics for court personnel and R.A. 6713, inter alia, in the end)

- 31 -

TO STOP THE EXTRA-JUDICIAL KILLINGS and DESAPARECIDOS; specifically, the 15th Judge Navidad and Fr. Rey Roda were mercilessly gunned down on the very day/s of January 15 / 16, 2008 (when the Supreme Courts Logo was halved by fire 2007 January 15) (since the UN Philip Alston Report stated that litigants have no more recourse since the courts are very corrupt according to the 2005and 1995 twin SWS surveys, inter alia; and without even mentioning the predicted FIRES that burned RTC, Malabon, except undersigneds sala onJanuary 22, 2000, and the prophesied Triple / Mystic Fires that burned theentire 4th floor Court of Appeals, the halved logo of the COMELEC and the Muntinlupa MeTC court on 2007). (Annexes J, J-1, Timeline: Philippine Standout Events (2006-2007), WikiPedia article created by petitioner is attached to prove his dire prophecies, 20062007) It is finally prayed to this Honorable Court, to call the attention of Chief Puno / Supreme Court regarding the existence of a) the Magicians, b) Cardiologists, c) Latian and the immense corruption practiced here at RTC, Malolos City, which is shocking to the conscience of the judiciary. IN WITNESS WHEREOF, I signed this pleading verified petition, this 29th day of January, 2008, at Malolos City , BULACAN. Judge FLORENTINO V. FLORO, JR., Petitioner/ by himself, for himself, as litigant, 123 Dahlia, Alido, Malolos, 3000 BULACAN, Tel/#(044) 662-82-03;
[I.D. Number: RTCJ-317 / EDP Number: 38676300; ROLL OF ATTORNEYS NO. 32800, Pg. No. 60, Book No. XIV].

NOTICE To: The Division Clerk of Court, Court of Appeals, Manila Please AGENDUM / SUBMIT the instant Amparo Petition to thePonente / Division to which this case is raffled forthwith in accordance with the mandates of A.M. No. 07-9-12-SC as amended by A.M. No. 07-9-12-SC immediately upon raffle and receipt hereof.
Judge FLORENTINO V. FLORO, JR., Petitioner

- 32 -

VERIFICATION and Certification of Non-Forum Shopping /AFFIDAVIT OF SERVICE

REPUBLIC OF THE PHILIPPINES ) Malolos City, BULACAN ) S.S.

I, Judge Florentino V. Floro, Jr., under oath, depose / say, that: I am the petitioner in this case. I caused the preparation, signed and read the initial petition duly filed in this case and all the contents / allegations thereof are true and correct of my own personal knowledge or based on authentic records.

I CERTIFY (a) that I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; A. M. OCA IPI No. 05-2157-P against respondent
Mrs. Lerida Socorro-Joson was already decided with finality on March 8, 2006 and is no longer pending; (b) if there is such other pending action or claim, I will file a

complete statement of the present status thereof, but there is none; and (c) if I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed, and on January 29, 2008, I served copies of this pleading with all annexes in this case Judge Florentino V. Floro, Jr. vs. Judge Thelma Pinero-Cruz and Mrs. LeridaSocorro Joson, SP. No. ______, by registered mail with return card, upon respondents Judge Thelma Pinero-Cruz and Mrs. Lerida Socorro Joson, as proved by the registry receipts pasted hereunder on the original copy hereof, on page 25, in accordance with Rule 13, Rules of Court.

Judge FLORENTINO V. FLORO, JR.,

SUBSCRIBED AND SWORN to before me, on this 29th day ofJanuary, 2008, hereat Malolos City , Bulacan, affiant exhibited to me his CTC NO. CC12005 # 21783592, issued at Malolos, Bulacan, on 2-27, 2007. DOC. NO. 485, PAGE NO. 98, FAJARDO BOOK NO. 75, SERIES OF 2008. 1- 2,08, Atty.s Roll No. 33633, BERNAR D.

Notary Public, Until Jan.31, 2009, PTR NO. 4591703,

- 33 -

IBP OR # 708299, 1-2,08 Malolos, Bulacan.

COPY FURNISHED (By registered mail with return card):

Explanation: Due to lack of messenger, and impracticality, since undersigneds maid was sick and he has no other person to have this personally served and in view of the impracticality, service of copies of this pleading was made by registered mail with return card upon herein respondents: Judge Thelma Pinero-Cruz, respondent, Presiding Judge , Br. 16, RTC, 3000 Malolos City , Bulacan, and Mrs. Lerida Socorro-Joson,
respondent, Branch Clerk of Court / OIC / Legal Researcher, Br. 16, RTC, Malolos City , 3000 Bulacan.

AFFIDAVIT OF SERVICE

REPUBLIC OF THE PHILIPPINES ) Malolos City, BULACAN ) S.S.

I, Judge Florentino V. Floro, Jr., under oath, depose / say, that:

I CERTIFY that on January 29, 2008, I served copies of this pleading with all annexes in this case Judge Florentino V. Floro, Jr. vs. Judge Thelma Pinero-Cruz and Mrs. Lerida-Socorro Joson, SP. No. ______, by registered mail with return card, upon respondents Judge Thelma Pinero-Cruz and Mrs. Lerida Socorro Joson, as proved by the registry receipts pasted hereunder on the original copy hereof, on page ____, in accordance with Rule 13, Rules of Court.

- 34 -

COPY FURNISHED (By registered mail with return card):

Explanation: Due to lack of messenger, and impracticality, since undersigneds maid was sick and he has no other person to have this personally served and in view of the impracticality, service of copies of this pleading was made by registered mail with return card upon herein respondents:

Addressees Receipt No.

Address

Registry

Judge Thelma Pinero-Cruz, respondent, Presiding Judge , Br. 16, RTC, 3000 Malolos City , Bulacan, and Mrs. Lerida Socorro-Joson, respondent, Branch Clerk of Court / OIC / Legal Researcher, Br. 16, RTC, Malolos City , 3000 Bulacan.
Judge FLORENTINO V. FLORO, JR.,

SUBSCRIBED AND SWORN to before me, on this 29th day of January, 2008, hereat Malolos City , Bulacan, affiant exhibited to me his CTC NO. CC12005 # 21783592, issued at Malolos, Bulacan, on 2-27, 2007. DOC. NO. 486, PAGE NO. 99, FAJARDO BOOK NO. 75, SERIES OF 2008. 1- 2,08, Atty.s Roll No. 33633, IBP OR # 708299, 1-2,08 Malolos, Bulacan. BERNAR D.

Notary Public, Until Jan.31, 2009, PTR NO. 4591703,

- 35 -