Category Archives: Columns

Brains and brawns

MANILA, Philippines—It is said that two things are indispensable in running a country: brains and brawns; right and might; legitimacy and power. Leaders must not only use brains; they must also flex brawns. Understandably then, President Gloria Macapagal-Arroyo wants to be judged right and to have the might to enforce her perceived right. Continue reading

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Why did Comelec junk two poll safeguards?

MANILA, Philippines—All this time, I have written mostly about unnerving delays in the Comelec timetable and the absolute need for accuracy in the printing and delivery of the automated ballots and in the calibration and delivery of the PCOS machines. So readers asked why I have not taken up possible computer glitches like source code review, transmission failures and hacking of the system. Continue reading

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Help Comelec anyway

MANILA, Philippines–With only 71 days before election day, a reversion to full manual count is no longer doable. Sad to admit but, at this point, there is simply no more time to shift from automated to full manual balloting. To save our democracy, I can only hope that despite the many pitfalls besetting its automation program, the Commission on Elections can still satisfactorily conduct the May 10 automated polls and thereby enable Congress to proclaim the presidential winner on time. Continue reading

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Divorce, Pinoy style

MANILA, Philippines—A Western-style absolute divorce between spouses who are both Filipinos—even if obtained abroad—is not valid here. Although divorce is taboo, our courts can nonetheless void a marriage due to a fatal defect at its inception. The most common defect used to void a marriage is “psychological incapacity” under Article 36 of the Family Code. This law took effect on Aug. 3, 1988, but its interpretation and application are still evolving. Continue reading

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Justice and love on Valentine’s Day

MANILA, Philippines—Awed and mesmerized. That’s how I felt as I addressed the recent Second National Congress of the Clergy. I am used to hearing priests deliver homilies, but not to talking before 5,500 cardinals, archbishops, bishops and priests. I was asked to relate the juristic duty of dispensing justice to the priestly work of spreading God’s love. The priests who asked for copies of my sharing may access it at cjpanganiban.ph. However, to celebrate Valentine’s Day (and Chinese New Year), I have written this summary: Continue reading

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Can the Senate stop an Arroyo holdover?

MANILA, Philippines—To stop President Gloria Macapagal-Arroyo from prolonging her stay, a senator whose term expires only in 2013 should be elected Senate president. This was the near unanimous reaction of readers to last Sunday’s column. There, I opined that a failed election in 15 percent of the country would give Arroyo the opportunity to become a holdover president because the top officials mandated by the Constitution to succeed her (Vice President Noli de Castro, Senate President Juan Ponce Enrile and Speaker Prospero Nograles) would, like her, end their terms of office on June 30, 2010. Continue reading

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Invalid plea bargain

THE PLEA bargaining documents, which released retired Maj. Gen. Carlos F. Garcia from detention, are—in my humble view—invalid. These documents are (1) the undated “Plea Bargaining Agreement” (PBA) between the Office of the Ombudsman (OMB) and Garcia, (2) the May 4, 2010 Sandiganbayan (SBN) Resolution ordering Garcia to convey to the Republic the properties listed in the PBA “before the Plea Bargaining Agreement may be approved,” and (3) the December 16, 2010 SBN Resolution granting bail to and releasing Garcia from detention. Continue reading

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How Arroyo can prolong her stay

MANILA, Philippines — In a pastoral statement issued last weekend, the Catholic Bishops’ Conference of the Philippines (CBCP)—through its new president, Bishop Nereo Odchimar—urged the Commission on Elections to “make sure that there are prepared fallback positions that can be quickly adopted when there are glitches in the (automated election) system and in the logistics.” I take this as a reverberation of my opinion that Comelec should “prepare for manual polls now.” Continue reading

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Prepare for manual election now

MANILA, Philippines—In the early days of 1986, President Cory Aquino appointed Rene A. V. Saguisag as a member of the Supreme Court. Only in his forties at the time, Saguisag declined his signed appointment and opted to continue as presidential spokesman. Later, he won a seat in the Senate. Continue reading

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No priority for Cha-cha

RIGHT AFTER President Aquino disavowed any intention to seek reelection after his term ends in 2016, Charter change (Cha-cha) immediately grabbed the headlines. Cha-cha proponents argue that the problems of our country are rooted in the defects of our 1987 Constitution. They say that unless these defects are addressed, reforms in our country are not possible. With due respect, I disagree. Continue reading

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