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Judge Miriam skips ICC oath-taking as Asia’s first woman judge for Corona trial

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Analysis

By Raïssa Robles

ICC - MIriamJudge Miriam Defensor-Santiago skipped her scheduled oath-taking Friday  at the International Criminal Court (ICC) as Asia’s first woman judge.

The ceremony in The Hague, Netherlands would have been a fitting symbol for the world celebration of International Women’s Month this March. It would have been a triumph for herself, for her country, for Asia and for women the world over.

Instead, all that would have to wait as she recovers enough from a fluctuating blood pressure, exacerbated by the likes of lawyer Vitaliano Aguirre and Congressman Niel Tupas at the ongoing impeachment trial of Supreme Court Chief Justice Renato Corona.

“As much as possible she would want to see it (the Corona trial) through,” her media bureau chief, lawyer Jeanie Bacong, told me in a phone interview today.

However, Santiago did not use THAT as her excuse not to report for duty in The Hague.

Bacong said the excuse that MDS (Santiago’s nickname) officially gave to the ICC was her ill health.

The ICC has already given her permission to defer her oath taking, another staff member told me.

UPDATE: Supporters of Judge Miriam have put up their own on-line petition. To view, click on this link. One of those urging people to sign up is our very own commenter Mary Grace Sanchez.

Upon her oath-taking, she would have been required to resign at once from the Senate. But Bacong said, “she was advised by the President of the ICC she shouldn’t give up her (Senate) post here yet until she has been called by the ICC to report for her duty.”

Is she aware of the online petition asking for her removal as ICC judge?

I asked Bacong that question.

She replied: “I don’t think she knows it yet. She’s been busy studying the impeachment case.”Then she added, “We cannot comment on that personally.”

But she noted that her boss was elected by states parties: “You cannot dismantle their vote by online petition.”

She’s right.

Only the countries that voted for her can unseat her

Separately, I talked to an expert on international law whom I will call Noel. He laughingly told me that those at the ICC must be very perplexed to receive e-mails asking for the removal of a newly-elected judge who has not even started her tenure.

He described Miriam Santiago’s election as “a tribute to Philippine diplomacy.”

He noted that for years, a seat at the International Court of Justice (ICJ) had eluded Senator Miriam Santiago. The previous administration of President Gloria Macapagal-Arroyo had tried but failed to deliver that to her.

Noel said the administration of President Benigno Aquino III tried a different tack by getting her elected to the ICC instead of the ICJ, which was harder to do. Noel explained that ICC nominees are placed on two lists. The first list consists of specialists on criminal law and the second list of specialists on public international law.

Senator Miriam Santiago was nominated for the second list, which also happened to have “gender balance” as an additional requirement. That gave her an edge, Noel said.

Noel pointed out to me that the Rome Statue of the Criminal Court which had created the ICC spelled out a difficult process for removing judges.

Article 46 of the Rome Statute only states two grounds for removing a judge:

Article 46
Removal from office
1.A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:

(a) Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided or in the Rules of Procedure and Evidence; or

(b) Is unable to exercise the functions required by this Statute.

And the process of removing a judge is as hard as electing one.

Article 46 states:

2.A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot:

( a) In the case of a judge, by a two-thirds majority of the States Parties upon a recommendation adopted by a two-thirds majority of the other judges;

What constitutes “serious misconduct” for a judge? 

The ICC has its own Code of Judicial Ethics that its judges have to follow.

Article 8 specifically prescribes “conduct during proceedings”. Please read below numbers 1 and 3 in particular.

ICC---Code-of-Judicial-Ethi

Hmmm, Did the ICC Code talk about judges having to “remain patient and courteous towards all  participants and members of the public present and require them to act likewise?”

Does the following video below, taken during the 2000 impeachment trial of then President Joseph Estrada fall under the admonition of the Code for the judge to “require” the public to behave?

I asked Judge Miriam’s media bureau chief, Bacong, whether MDS had violated the two sections of Article 8 of the Code when she harangued prosecutors as “gago” and she raged against lawyer Vitaliano Aguirre for covering his ears in front of her.

For foreigners reading this, the emotional equivalent of the word “gago” is imbecile or moron.

ICC - Miriam and Aguirre

Attorney Bacong told me to e-mail my question and she would take this up with Senator-Judge Miriam forthwith. I will do that after I post this.

I also asked Atty Bacong about Section 2 of Article 10 of the Code which states:

ICC---10-Code-of-Judicial-E

She told me that because of this Section – which bars ICC judges from exercising “any political funciton” – her boss would resign from the Senate the moment she is called to the ICC to hear a case.

How will Senator-judge Santiago vote on the Corona impeachment trial?

Many of my commenters have all but assumed that Senator-Judge Miriam will acquit Corona.

Bacong denied this saying:

The senator hasn’t made up her mind yet on how she’s going to vote in the impeachment trial. She was expressing her views as a lawyer and a former trial court judge. We don’t know what she will do when the defense presents their evidence. She hopes the defense does not commit the same mistakes as the prosecution. That they learned from what happened with the prosecution

Santiago still wants to vote for the RH Law

Attorney Bacong also said that Sen. Miriam had hoped to cast her vote for the approval of the Reproductive Health Law “which she had defended as a co-sponsor”.

Judge Miriam was overwhelmingly elected to the ICC

Judge Miriam was elected to the ICC last December 12 at the UN headquarters in New York by 79 out of the 104 “States Parties” – or countries that had ratified the Rome Statute. It was an “overwhelming vote.” In fact, she topped the election.

According to a press statement from the Philippine Department of Affairs then,

She was the first to be elected out of 18 candidates vying for six seats on the Court.  For the first round of voting, she bested candidates from every region.

During the four month campaign and run-up to the elections, Dr. Santiago gained the support of States Parties for her pre-eminent expertise in the international law and outstanding experience as trial court judge.

“Dr. Santiago is eminently qualified.  She has shown competence and commitment in defense of the rule of law.   She has demonstrated her intelligence and legal acumen through her decisions that have been cited by the Philippine Supreme Court.  She has shown independence and integrity in her actions. She is more than qualified for this position,” Foreign Affairs Secretary Albert del Rosario said.

What the press release didn’t say, was that the Philippine government had wined and dined the other UN states-delegates on lamb chops and wine – using our money.

The Inner City Press, an online blog that delves into UN activities, posted this interesting writeup about the Philippine campaign to get Senator Miriam elected to the ICC:

Another sample campaign has been for the Philippines’ Miriam Defensor-Santiago. On Friday, December 2 generally well liked and earnest Permanent Representative Libran N. Cabactulan of the Philippines threw a reception in the General Assembly lobby complete with wine, lamb chops and samosas.

Available at the reception were excerpts from court decisions, some by Miriam Defensor-Santiago and some citing her, for example a decision in Republic of the Philippines versus Marcos.

Inner City Press asked Miriam Defensor-Santiago if she thought the ICC should indict at least some non-African leaders, to move away from the perception that only Africans are targeted by the Court. “I don’t know,” she answered, “that remains to be answered by the major powers.”

To some, this is a troubling answer; others question some of her jokes about gender differences and secret love children. She faces a single opponent from Cyprus for the Asian group seat.

If you really want to have your voice heard on Senator-Judge Miriam

The ongoing online petition launched by Rodel Rodis has gathered 455 signatures so far.

Noel, the international law expert,  said that while the ICC would not be able to do anything about the petition, the petition would “forewarn” the body about her.

I just had a thought.

If people are really intent on having their voices heard about Judge Miriam, they can also contact Inner City Press – which has already written about the senator-judge  – via its Twitter account:

ICC- INNER CITY PRESS

Or through any of the following ways:

Inner City Press, Inc.
United Nations office:
UN Secretariat building, 42nd Street & 1st Avenue

Room L-253
New York, NY 10017 USA
Desk tel: 212-963-1439

E-mail Attn: Matthew Lee, Senior Reporter (or appropriate staff) Matthew.Lee [at] innercitypress.com

Mobile: (718) 716-3540

General: Editorial [at] innercitypress [dot] com
Regular USPS mail: P.O. Box 580188, Mount Carmel Station, Bronx, NY 10458 USA
For Federal Express only, due to delay in other UN mail: Inner City Press, United Nations Office, Room L-253, New York, NY 10017 USA

Offhand, I think this lobbying could work both ways for the incoming ICC Judge Miriam.

She could work it to her advantage (call it reverse charm).

Or it could prove an added strain on her first-ever job on the world stage.

Comments

  3. miss defensor Santiago should retire ,because she’s been in the senate for a long time but nothing is happening in the Philippines ,super rich already it’s time to retire enough is enough……this kind of politician will just get to be richer by the hour they never care about the Filipinos all they care about is how they could benefit from all those votes and decisions that is on their shoulders because of their position enough please….

  4. Ano kaya si Miriam naman ang pagsabihan ng mayabang, gago? Palagay ko hindi lamang contempt of court ang aabutin natin.

  5. Game game… Asan na kaya ang dalawa at kalahating alipores ni Lady GAGA? Licking their wounds perhaps? Kasi naman bugbog sarado sila dito,mga mata na lang ang walang latay. Wawa naman sila..

  6. Team Demento – “one for all and all for medication” – is looking forward to junketing in the Netherlands with its boss, sponging off other people’s money

  7. If the lady Senator wishes to grace the ICC with her all knowing and lofty attitude, and leave her post in the Phil. Senate, why stop her? She will take her arrogant over-the-top ways and shrill voice to the ICC. Maybe certain other Senators might like to go away as well.

    • Maybe that is the real reason why they campaigned for her to the ICC to get rid of her from the Senate. Not one has been able to lecture her sa ugali nya puro tamimi ang lahat takot sila sa kanya.

  8. Mary Grace Sanchez + Josie Layosa + Fresca Quizon = Team Mandaluyong. The three who are one.

    • sorry to disappoint you but I am who I AM…

      Tell your boss Raissa Robles she’s a coward….why wont she post my last comments???!!! Hiding behind her groupies….LOL!!!!!!

        • Alan & JohnNy Lin are not men. The garbage that comes out of their mouths are signs of how they can behave towards women…Why do you fight with women??!!! …hope your daughters if any will not end up with men like you….if you have wives, i pity them. You pricks!

        • LOL.

          You don’t know what you’re saying about MY hubby, Alan.

          He is the BEST hubby one could wish for.

          Are you frustrated in that department?

        • He he, I think nagulat si Mary Grace that the Alan she is assaulting is Raissa’s hubby.. ;-).
          @Mary Grace, just a curious question. How long have you been with MDS – Miriam Disorder School ? You seemed to be so much agitated when someone talks about Tia Miriam’s brenda thingy when the fact is, this issue had been there since 1992 when she ran for presidency. That’s 2 decades before blogging became a www fad. For all I know, the issue died long time ago but then she herself resuscitated it by her demeanor in the impeachment court.
          Few months back, before the impeachment trial commenced, I was so proud telling my Singaporean colleagues that finally, there was a Filipino chosen to take a judge’s seat at the ICC. Sadly, I can’t be one now. Mind you, many non-Filipinos in different parts of the world are also interested in what’s going on back there – Singaporeans included. (There was even one Singaporean who commented here in one of the threads before.) They are watching the trial. Now seeing her behavior in the impeachment court, give me one good reason to be proud of your mama to join the ICC. She’s a disgrace , for goodness sake!

        • Who cares about what you & the Singaporeans think??? You’re not even a resident of this country!!!! No wonder you look like LimaHong!!!

        • Mary Grace Sanchez, aren’t you going to treat us to a delightful rendition of your favorite Demento tune — “WAAGH GAGO”? Psst, sorry I have bad news for you, I talked to somebody who knows about these things and the source told me your boss Miriam can onlty bring one or two staffers along to the Hague (den Haag), the rest of the staff will be provided by the ICC (I already am pitying these people). So, if you want to realize your parasite dreams of sponging off other people’s money and going TNT in Holland, you’d better make sure you’re the one chosen to go. Maybe a little backstabbling? You appear to be an expert in that. Just saying

        • @Alan

          For sure MDS will not include her for she will opt to bring her maids. Not unless she will wash the clothes. cook & clean the house. How low can she get just to make MDS bringing her along.

        • bakit nagagalit ano mo ba si miriam hindi ako alipores ni raissa nag babasa lang ako ng blog ni raissa nakikibalita lang ako nag babasa rin aako ng blog ni binigno O at ang napapansin ko ay mga pikon ang mga tuta ni aarroyo corona at miriam bakit hindi ni nyo idepensa ang amo ninyo yan ang dahilan kaya may blog na ganito….ang mga pikon na tao ay galit dahil totoo ang sinasabi sa amo nila

        • matagal na akom dito sa USA hindi ko kilala si MDS pero hindi ko nagustohan ang asal niya na sinigawan niya yung attorny dahil ang sabi ng mga tao ay demokratik country ang pinas SO bakit nsya nagalit wala namang ginawa ang tao ako rin ay mahilig magtakip ng tenga ito ay habit pagkaminsan na hindi ko napapasin …ang tngin ko may hindi niya maaaquit si corona kung nasa empeachment yung attorny…..halata ko naman sila ni enrile at joker na mga tuta n i arroyo …..dahil sa ginawa niya hindi na iboboto yung anak niya na kakandidato pati narin si enrile at joker…

        • No wonder you’re spouses. “Best hubby?” I wouldn’t wish to have a hubby like him. But you two deserve each other.

        • Yikes! Di ako naiinggit sa mga bayarang katulad nyo. Word goes around, Raissa. You belong to the lowest of life forms.

        • Maybe word goes around IN YOUR HEAD.

          Ho hum, you’re just paraphrasing your idol – “lowest life form” – one-celled amoeba

          yAWN.

          Can’t you do better than that?

        • What’s wrong with paraphrasing my idol? That best describes you — the lowest of life forms.

        • sino naman ang maiinggit sa itsura ng asawa monng basos??? bagay nga kayo sa isa’t-isa.,..

        • oh look it’s Team Demento chief Mary Grace Sanchez, gone for a while, now back with us after a bracing rest cure of electroshock therapy

        • @Fresca,
          Sabi ko, Now seeing her behavior in the impeachment court, give me one good reason to be proud of your mama to join the ICC.
          Bakit hindi mo sagutin yan para ipagtanggol mo ang amo mo?

        • Mary Grace
          What thrash talk you are talking about? You asked me, i answeted you. I was commenting on your posting, throwing back to what you hurled at us.
          You said gago is not a bad word, same as ulol in which your idol does not mind to be known for.

          Review all my postings, I did not curse you. I was only interpellating what you wrote
          Pero ulol pa rin si Miriam he he he

        • tsk tsk, the parasite who lives off our taxes by attaching herself to a senatorial budget is now showing her good breeding

      • GAME GAME.. Asan na kaya ang dalawa at kalahating alipores ni Lady GAGA? licking their wounds perhaps? Bugbog sarado sila dito , mga mata lang ang walang latay. Mary Grace ahon na , si josie wala pa ring malay. Tsk tsk tsk.

      • @MGS:
        why don’t you create your own blog and post anything you want? That way you don’t have to ask why your comment is not posted. you can also give the people with the same belief as yours a site to vent.

        Try it! :D

    • mary Grace
      Wag mong kalimutan yung session mo sa electric shock sa ulo bukas ng umaga. Nagdidiarrhea ka na naman ng salita.
      Isama mo na rin sa josie, merun siyang follow up consultation sa bagong gamot niya.

      Nagusap kami ni Miriam kanina nag inom daw kayo kagabi, sabi ko na sainyo bawal ang alak sa gamot ninyo.

  9. MDS: one-celled amoeba…

    She needs to improve her grammar.

    “one-celled amoeba” is a totally redundant terminology.
    All amoeba are one-celled.

    It’s like saying “Schizo MDS” or “Thief RC” because here is no other MDS or RC. :)

    • Bagay sayo call name mo teh!!! Ikaw ang magaral ng grammar!

      Its just an expression wlang grammar grammar dyan HALER!!! Wake-up! Sstuped ka teh!!!
      Oppps wrong spelling….ha ha ha wah ha ha ha!!!!

  10. Fresca/Josie mental disorders:
    Schizophrenia
    Paranoia
    Narcissistic personality disorder
    Multi-personality disorder
    Bipolar disorder
    Avoidant personality disorder

    No wonder idol mo/ninyo si MDS. HA HA HA!

      • Yan lang ang comeback mo??? HA HA HA HA!

        Ate Fresca/Josie balik na nga ho kayo sa mental. Kulang pa yung rehabilitation mo/ninyo.

    • Can’t you be more creative than that? Sobrang gasgas na ang style nyo na yan. :D

      • Classic yan kasi totoo. Kahit anong gawin ninyo yan talaga tingin ng tao sa idol ninyo. HA HA HA!

        • Wala kasi kayong ibang masabi. Inggit lang kayo kasi magaling at maraming naa-achieve, maski ano pang paninira ang gawin nyo. :P

        • @Fresca Quizon,
          Pasuyo na, paki tanong kay Johnny Lin kung masisira mo pa ba ang sira ?

        • Fresca, pasuyo naman oh. Please take time to read this:

          http://www.uprotc.org/1969/directory/corps-sponsors/miriam-defensor-santiago.html

          Kagaya niyo na medyo overconfident sa looks niyo, MDS would claim to have held a campus beauty title twice, despite not having actually won any beauty contest by any standard. Isang cum laude law grad pero 78% sa bar. Gustonggusto niyang makipagdebate sa mga kawawang “gago” sa impeachment pero atras naman kay Mareng Winnie and my ex-presidentiable Raul Roco. Basahin mo ha? Hwag kang kukurap at hawakan mo yung baba mo baka bumagsak.

        • Despite a three-month bout with illness, Santiago graduated magna cum laude with a Bachelor of Arts degree in Political Science from the University of the Philippines Visayas in 1965. She finished it in only three and a half instead of four years.
          She was the first female editor-in-chief of the university’s student newspaper, The Philippine Collegian, in its fifty-year history. She was twice made Corps Sponsor of the Reserve Officer Training Corps. In later years, she would claim to have held a campus beauty title twice, despite not having actually won any beauty contest by any standard.

          Ano ang naging sakit niya na tumagal ng 3 months? Paging Mary Grace, pakisagot nga .

        • @mafe Hahaha! Di nila kayang sagutin all that had been asked in this blog. What beauty? A horse? An ape?

  11. Kawawa naman si Narciso!!! Kaya siguro palaging naglalasing!

    78% (o 76%?) ang nakuha sa Bar exam? Hahahahaha

      • This is the link to the UPROTC website which provides a factual account of Senator Santiago’s bar exam result of 78% and why she later went abroad to redeem herself:

        http://www.uprotc.org/1969/directory/corps-sponsors/miriam-defensor-santiago.html

        Here are some highlights of the article:

        She earned a Bachelor of Laws, cum laude, from the University of the Philippines Diliman in 1969. Her classmates include former Senate President Franklin Drilon, San Juan Representative Ronaldo Zamora, and Eli Pamatong. Miriam took the 1969 Bar Exams and received a 78% average grade, to her great dismay. Her classmates Zamora and Drilon were first and third respectively, getting high grades, eventually landing in top law firms. In stark contrast, Santiago ended up teaching Political Science to undergraduates at Trinity College of Quezon City.

        She was twice made Corps Sponsor of the Reserve Officer Training Corps. In later years, she would claim to have held a campus beauty title twice, despite not having actually won any beauty contest by any standard.

        Interestingly, the article says that Miriam Santiago refuses to debate with Solita Monsod and Raul Roco.

        In 1996, at the age of fifty-one, she attended the Summer Program of Instruction for Lawyers at Harvard Law School. In 1997, at age fifty-two, she attended the Summer Program in Law at Oxford University. In later years, she would claim to be a Harvard and Oxford alumna, despite not having attended nor completed any academic degree program in these schools.( Note: It is just a summer program lasting 2 weeks and require only attendance and fee. No exams needed).

        It has been claimed that the Filipino masses regard her as possibly the most intelligent living Filipino citizen and the most academically prepared public official. Many female law students view her as an epitome of women empowerment, scholastic competence, and professionalism. However, a considerable number of lawyers, academicians, political analysts, journalists, and activists measure her as a traditional corrupt politician, carrying high levels of arrogance, greed for power, and opportunism. She is often quoted as having described less educated Filipinos as “species of lower life forms”.

    • @josie laosca
      Nagpalit ka rin lang ng pangalan hindi pa yun sexy pakinggan.

      Una Fres ca, virgin, you wish
      Ngayun Laos ca, overused, you wish din

      Meron yatang secret profession dream and alter ego mo

      He he he

      • Johnny BADING ka siguro noh! Gusto mo ikaw nlang magpalit ng name…from now on si JOSIE kana rin…ay tita bahay sayo…pakurot nga… ha ha ha

        • Sus Laos ca, gusto mo ko, kunwari kurot pero inaasam asam sa kaisipan gagawin ice drop na medaloy ang dulo.tama ang gunigunimo na pinagasamang brad pitt at george clooney hitsura ko. Yung kang mamilipit sa sigaw he he he

        • Josie Laosca
          Sinabi ko lang sa iyo dilaan parang ice drop na excite ka na capital letters na post mo

          Totoo nga wet dream mo ko

          Kahit ano fantasy mo sa kin dikita papatulan.

          Ang ulol si Miriam, hindi ako
          He he he

      • Ha ha ha. You just hit a bull’s eye there sir Johnny. Er josie, coming from Sir Johnny, ang sakit no? HA HA HA and a lot more HA HA HA

        • Hey…come on baby….ang asar talo ay lalong TALO…you’re such a LOSER!!!

          2 Badings join together! LOSER LOSER!!! Wah ha ha ha

        • Kunwari ka pa, wala ka naman pinipili, bading tomboy straight boys, straight girls balita ko nga manequin sa mandaluyong nawawala kayong dalawa daw ny Felicity suspetsa. Ano bang pinaggagawa nyo sa manequin. Nilalagyan ninyo ng electric vibrator. Sabagay si Miriam the grr pag nagsasalita parating siyang nagwish romantic husband niya. Yun ang sign na kulang

          Sabagay kaibigan niya siMary Grace kaya di nakakataka yung may fantasy sya. Sabihin mo yung bago niyang gamot celexa wag kalimutan inumin

          He hr he