Fight One-Man Rule, Corona Rallie s Women Judges

MANILA, Philippines — Chief Justice Renato C. Corona rallied Thursday the country’s women judges to support him in his fight against “one-man rule.”

“Recent events point out that our nation is now in grave peril of teetering toward a one-man rule where executive action aims to shield, shackle judicial independence, undermine the rule of law, and erode the system of governance, particularly the principle of the mechanism of checks and balances,” Corona, without naming names, told members of the Philippine Women Judges’ Association (PWJA) in his speech at the historic landmark Manila Hotel.

He pointed out that the judicial independence of the courts “is being undermined by transient leaders in government.”

“We are fighting for judicial independence, to shield the judiciary from improper influence and pressure from any grave abuse of discretion committed by any unit or agency of the Philippine government,” he said.

“The judiciary must be insulated from political pressures, popularity surveys, lobbyists, private partisan interests, undue influence or outright coercion from the executive or legislative departments who are advancing their own shared mutual socio-political and economic interests,” he stressed.

He also pointed out that “the Philippine Constitution did not leave to the whimsical discretion of the transitory political power holders the implementation and preservation of judicial independence.”

He paid tribute to members of the PWJA as the new breed of Justice Cecilia Muñoz Palma, the first SC lady justice who opposed martial law during the term of the late former President Ferdinand E. Marcos.

He then reiterated his previous statements that the impeachment complaint filed against him is a direct attack on the rule of law, democracy, and judicial independence.

Corona’s defense lawyers have started presenting their counter-evidence before the Senate, sitting as impeachment court.

He had earlier said that his “solid evidence” would acquit him of the charges.

But he said he would accept whatever decision the impeachment court would hand down on his case.

Among those present during Corona’s speech were Manila Mayor Alfredo S. Lim, PWJA president and SC Justice Teresita Leonardo de Castro, and SC Justice Estela Perlas Bernabe, an appointee of President Benigno S. Aquino III.

In her opening speech, Justice De Castro hailed the presence of Chief Justice Corona as “fortunate.”

“His presence here shows that it is business as usual at the Supreme Court. He has been working in earnest and attending to judicial tasks given to him,” De Castro said.

Referring to members of the PWJA, De Castro said “they care for you and are always praying for you as you lead the judiciary in upholding judicial independence and observance of the Rule of Law.”

At the start of the impeachment trial last January, the PWJA issued a manifesto of support for Chief Justice Corona.

The manifesto stated:

“The Philippine Women Judges Association (PWJA), hereby manifests its all-out support to the quest for Judicial Independence and the respect for the rule of law, and toward this end, we join the Honorable Chief Justice Renato C. Corona in fighting for the Integrity and Independence of the Judiciary from whoever would attempt to trample the same and put to naught what has been enshrined in the Constitution of the Philippines.

“Knowingly or unwittingly, the Impeachment Proceedings against the Chief Justice of the Supreme Court has besmirched and destroyed the image of the Judiciary as a whole, especially because of the massive use of propaganda and other techniques purposely to gain public sympathy, even when the methods used are not in accordance with the standards of law and ethics. We, the women Judges, do believe that public perception does play an important role in portraying the integrity and independence of the judiciary, and any move to taint its integrity and independence, will erode public trust and confidence, to which we must abhor and put to a stop.”

source: mb.com.ph

Can Rush, Peter Gabriel Legally Order Limbaugh to Cease Using Their Songs?

In the clamor over Rush Limbaugh's personal attacks on Georgetown law student Sandra Fluke, who recently testified at a Congressional hearing on contraception, musicians including Peter Gabriel and the band Rush have demanded that the conservative talk-show host stop playing their songs on his broadcast. Legally, the bands may not have a case, says attorney Larry Iser.

Iser has some experience with such disputes. In 2008, he went to court to stop the campaign of GOP presidential candidate John McCain from using "Running on Empty" in an ad attacking his opponent, Barack Obama. He also helped David Byrne force former Florida Governor Charlie Crist to stop running an attack ad using the Talking Heads song "Road to Nowhere."

Limbaugh's case is different, says the attorney. His clients sued for copyright infingement – their songs were used in audio-visual media, requiring licenses for the musical composition and the use of the recording under the terms of the Copyright Act. By contrast, radio networks are covered under blanket agreements for "public performance" of all songs in the publishing catalogs of ASCAP, BMI and, in the band Rush's case, SESAC, the Society of European Stage Authors & Composers. The fact that Limbaugh's show has a political agenda does not interfere with his right to play music, so long as it's paid for, says Iser.

"What he did is in fact the essence of what 'public performance' is," Iser says. Networks like Premiere, which syndicates The Rush Limbaugh Show, "all take public performance licenses for the performing societies . . . Artists who make money from public performance royalties don't have the right, typically, to control who plays their songs. Once they choose to add their songs to the public performance catalog, they're out there for anyone [with a licensing agreement] to use."

However, explains Iser, if a cease-and-desist order in such cases would not likely be upheld in court, the band that issues it is effectively working the court of public opinion. The Fabulous Thunderbirds' Kim Wilson is the latest performer to demand Limbaugh stop using his music. Yesterday he released a statement saying he would serve Limbaugh with a cease-and-desist; though Limbaugh has used the Thunderbirds' song "Tuff Enuff" for years, the incident with Sandra Fluke was the last straw, the singer said.

"I don't want people to think I'm affiliated in any way, shape or form with him," Wilson said. "The message he promotes is something I'm totally against."

That kind of public distancing is usually more than enough to shame the offending party into voluntarily dropping the song, says Iser. Just as Limbaugh ultimately has the right to say offensive things – and advertisers have the right, as dozens have done in the past few days, to withdraw their support of his show in consequence – artists can and should express their disapproval, he says.

"The Constitution is the Constitution, and thank goodness for it," says Iser. "They do have a legal right to stand up and make as much noise as possible about how appalled they are."

Despite appearances, Iser says, it is not only liberal songwriters balking at conservatives who use their songs. He points out that lawyers for Sam and Dave objcted when Obama used the soul duo's song "Hold On I'm Comin'" in 2008 – not for political reasons, but because the campaign had not asked permission.

Ultimately, the solution is simple. "There are so many songs," says Iser. If the artist takes issue, "go find a different one."


source: http://www.rollingstone.com/music/news/can-rush-peter-gabriel-legally-order-limbaugh-to-cease-using-their-songs-20120308