WHERE GOD HAS PLANTED YOU, BE A BLESSING BY: SARMIENTO  Where God Has Planted You, Be Creative and

You, Be Creative and Re-Creative

 Be bold in inventing legal concepts, mechanisms and remedies
 Where God Has Planted You, Add EXTRAS
 Think up novel ideas and who knows you can bring about a
 Add extra: private or public sector
renaissance in law and jurisprudence.
- Effort
 Examples:
- Motivation
- The writ of habeas corpus (1305)
- Patience
- Separation of Powers (1787)
- Discipline
- Doctrine of Judicial Review (1803)
- Prayer
- The writ of amparo (1847)
 Walk extra kilometer
- CHR (1987 became an independent constitutional office)
- Why? Psychic fulfillment, spiritual enrichment, professional
- The writ of kalikasan (2010)
recognition, career promotion and public approbation will
not be far-off.
 Where God Has Planted You, Be a BLESSING
 Examples:
 Why?
- Joseph – from slave to second-in-command as pharaoh in
- Your life will be immeasurably happy if by your deed you
Egypt
have comforted the afflicted, pushed by inches projects for
- Nehemiah – from cupbearer to Governor of Jerusalem
the poor and vulnerable, righted a wrongs, resolved cases
- Paul – prosecutor to apostle – to be joyful at all times and
with dispatch and by you love for Mother Earth, you have
in all circumstances
planted trees.
 When you give your BEST, the best RETURNS to you
 Where God Has Planted You, Choose a CHARACTER
- Sow kindness and you will harvest sweet memories
 Character – grounded on values and virtues normally and
nurtured by the Benedictine ideals of ora et labora. _____________________________________________
- Glorifying God in all persons and things will be your armor
against the allure of bribes and payoffs and your shield RIGHTS, OBLIGATIONS AND REMEDIES: INTERNATIONAL AND DOMESTIC
against the bitter pill of adulterous relationships. EXPERIENCES BY: SARMIENTO
- Builds persons and nations
 Stereotype: judiciary is a mere passive referee of conflicting rights
- Adds potency to governance and leadership
and duties; mere adjudicator of clashing claims and generally afraid
 Example: to be innovative when it finds unfenced spaces.
- Our Lady of Montserrat in Mendiola – Fr. Maximillian Maria
 International Commission of Jurists:
Kolbe – died in Nazi Concentration Camp
 RULE OF LAW:
- Declared as “The Patron Saint of Our Difficult Century” by
- Dynamic concept for the expansion and fulfillment of which
Pope John Paul II
jurists are primarily responsible
 - Which should be employed not only to safeguard and
advance the civil and political rights but also to ESTABLISH
social, economic, educational, and cultural conditions under
which his legitimate aspiration and dignity may be realized
 In Kenya, workshop was held entitled, “The Role of The Judiciary in
Plural Societies”
- They concluded:
- JUDICIAL ACTIVISM – can be an important strategy to
overcome all forms of oppression, exploitation,
impoverishment, unjustifiable on any model of societal
development in Africa and Asia.
- They also added:
- Judicial activism, encouraged by social action litigation,
inspired by constitutional values, may be regarded as a
vital human technology for social change in impoverished
society.
 Late Senator Jose Diokno – captured the idea and spirit that the
judiciary can be pro-active in the courageous experiment and life-
nourishing exercise of using law to make life worth living for all,
with honor and with dignity and to make real the enforceability of
economic, social and cultural rights.
- Waging revolution by law
 nd
2 Generation of Rights:
- Right to a healthful environment
- Right to education
- Right to shelter
- Right to work
- Right to food, etc.
 Laguna Lake Development Authority v. CA
- Clash between the responsibility of the Caloocan City
Government to dispose 230 tons of garbage it collect daily
and such concerns by the residents.
- SC held: the immediate response to the demands of
necessities of protecting vital public interests gives vitality
to the statement on ecology embodied in Article II of the
Constitution. . . As a constitutionally guaranteed right of
every person, it earns the correlative duty of non-
impairment.
- This is but in the consonance with the declared policy of the
state:
1. to protect and promote the right to health of the people
and
2. to instill health consciousness.
 Momongan v. Omipon and Tano v. Socrates
- Landmark case that comes after the case of Oposa v.
Factoran
- SC affirmed the right of the people to a healthful
environment or to a balanced and healthful ecology.
 Soriao v. Pineda
- Right to education
- CA invoked the Constitution and the Universal Declaration
of Human Rights
- Ordered Pineda, Head Teacher II of Juan Angara Memorial
High School in Aurora to allow Soriao to enroll and study
after he was meted out a disciplinary action without a due
process of law.
 Cullahan v. Carrey
- Right to shelter
- Class action filed on behalf of a homeless men in the Lower
East Side of New York City
- Demanding that the City should provide shelter to any man
who asked for it in accordance to New York State
Constitution
- SC: Recognizing a legal right to shelter granted temporary
injunction that required the City to finish a sufficient
number of beds to meet the needs of all homeless men.
 Shantistar Builders
 - SC of INDIA: right to life is guaranteed in any individual  Fix Zimudio – points out that the amparo combines 5 autonomous
society. That would also take the right to food, clothing, procedural functions:
decent environment and a reasonable accommodation to 1. The protection of life and liberty
live in. 2. Challenging unconstitutional laws
 Cyprus v. Turkey 3. Resolution of conflicts stemming from administrative acts
- Report of the Commission: evictions of Greek Cypriots from and decisions
homes which are imputable to Turkey under the 4. Appeal of Judicial Decisions
Constitution amount to an interference which rights 5. Protection of Rights of Persons subject to agrarian reform
guaranteed under Article 8(1) of the Constitution namely:  Amparo can be used or adopted by virtue of Article 8, Sec. 5 (5) of
- Right of the persons to respect for their home the 1987 Constitution
- Right to respect for private life - Promulgate rules concerning the protection and
 RECOMMENDATION: enforcement of constitutional rights and legal assistance to
 Pass a statute known as amparo – means protection the underprivileged
- Device intended to protect social, economic and cultural  It will be a blow for democracy and good governance if the SC,
rights which are not protected under habeas corpus consistent with its libertarian tradition and judicial creativity,
- also considered Amparo by the Mexican as versatile promulgate rules analogue to ley de amparo.
institution  Can be further enhanced with Optional Protocol to the
- can be used as a writ of habeas corpus, declaratory International Covenant on Economic, Social and Cultural Rights
judgement or appeal adoption.
- Countries that incorporated in the Constitutions “Ley de - Utrecht Expert Meeting: use the principle of indivisibility
amparo”: - Therefore, it will be a potent instrument to protect
- Mexico economic, social and cultural rights
- Argentina  George Moose
- Brazil - American Ambassador to the UNHRC
- Costa Rica - His country was concerned about the changes in
- El Salvador international law that would lead in the direction of the
- Panama creation of legal enforceable entitlements of economic,
- Honduras social and cultural rights
- Nicaragua - Which means that citizens could sue their governments for
- Guatemala enforcement of rights
- Bolivia  CONCLUSION:
- Paraguay  The Supreme Court: Its Responsibilities and Membership (Roberto
- Ecuador Concepcion, Chief Justice of the Philippines)
 - SC now exercises the power of administrative supervision
over all courts and personnel. As a consequence, the SC is
now called upon to blaze new trails, and the Philippine
Bench, as well as the Bar and the people in general, are
looking forward to:
1. Administer measures and precedent setting
decisions tending to bolster up the independence of
the judiciary.
2. Expedite the administration of justice
3. Foster the people’s faith in our courts of justice as
instrumentalities of their welfare.

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