Category Archives: Columns

DURING THE last six months, the Supreme Court has had an overdose of painful criticisms for its many stressful actions, like its TRO on the impeachment of the Ombudsman, its decisions on plagiarism and on the Truth Commission, and its acquittal of Hubert Webb. Essentially, as the primus inter pares, Chief Justice Renato C. Corona bears the major part of this crucible. On his shoulders lies the heavy burden of transforming the Court and changing the public perception of its independence. Fortunately for him, longevity is on his side. Continue reading →

IS THE Supreme Court afraid of the truth? Why did it decapitate the Philippine Truth Commission (PTC)? Why are unelected justices undermining our elected President’s promise to ferret out corruption and to punish the perpetrators during the past regime? So readers asked me after the Supreme Court declared unconstitutional Executive Order No. 1 (EO 1) and thrashed the PTC. (Biraogo v. PTC, Dec. 7, 2010) Continue reading →

TO THE poor, justice is elusive, distant and expensive. The courts smack of intimidating technicalities, procedural complexities, bottomless lawyers’ fees, and inexplicable delays. Rather than bring their woes to the system, they simply bear the injustice. In all, the poor become prey to the importuning of extremists and rebels, who promise instant vindication without the intricacies of due process. Continue reading →

TO ENSURE the legality and validity of their public-private partnership (PPP) contracts with the government, can investors ask the courts to pass upon these agreements before signing and implementing them, and before spending for and building the contracted highway, airport, pier or other infrastructures? Continue reading →

MANILA, Philippines—President Benigno Aquino anchored his election promise of liberating our people from the yoke of poverty on public-private partnerships (PPPs). Realizing that the government does not have the funds to build or to upgrade infrastructures like highways and airports to propel the economy, he invited private investors to provide the needed capital and expertise. He assured them of reasonable returns and of protection from “regulatory risks.” Continue reading →

MANILA, Philippines—The Public-Private Partnership (PPP) conference was held a few days ago amid growing optimism in our country’s economy. Most economists and international financial institutions, like the Asian Development Bank and the World Bank, agree that the Philippine gross domestic product (GDP) will grow at an estimated 5.5 to 7.0 percent for 2010 (compared with an average of 4.9 percent for 2000-2009). Interestingly, the highest figure of 7.0 percent was forecasted by the International Monetary Fund while the lowest of 5.5 percent, by Fitch Ratings. Continue reading →

MANILA, Philippines—Support—especially from the media, the academe and the religious sector—is snowballing for the 37 University of the Philippines law professors who are in jeopardy of being penalized for their allegedly offensive comments on the Supreme Court decision in Vinuya v. Executive Secretary (April 28, 2010) that dismissed the petition of several comfort women. Continue reading →

MANILA, Philippines—Many readers asked me why the Supreme Court could, even without a complaint from anyone, conduct contempt and disciplinary actions against 37 University of the Philippines law professors for merely expressing their opinion on a court decision. Continue reading →

OUR PRESENT system allocates the great powers of government to three major branches: legislative, executive and judicial. To bring about the prosperity and well-being of our people, they are expected to work together. At the same time, each of them is mandated to check the errors and misdeeds of the others. While successful governance is the ultimate target, abuse is ever present and must be checked. Continue reading →

MANILA, Philippines—If there is an agency or group, whether in the government or elsewhere, that can scuttle the avowed anti-corruption and anti-poverty programs of President Aquino, it is the Supreme Court. Being an independent and apolitical branch of government, it is not bound by the election promises or the political agenda of the government. Its fealty is to the Constitution and the rule of law that, per Chief Justice Renato C. Corona in a very recent speech, “will never bend to the ever-shifting political winds and passions of the moment…” Continue reading →