Category Archives: Columns

The Sandiganbayan (SBN) recently reaffirmed the plea bargaining agreement (PBA) entered into by Maj. Gen. Carlos F. Garcia, former comptroller of the Armed Forces of the Philippines, with then Ombudsman Merceditas N. Gutierrez. It held that the PBA is “in accord with law and jurisprudence and is for the best interest of the government” (People vs Garcia, April 10, 2013). However, new Solicitor General Francis Jardeleza and new Ombudsman Conchita Carpio Morales believe otherwise and want it scuttled. Malacañang is determined to fight it, says Communications Secretary Ricky Carandang. Continue reading →

April 2, 2013, is a sad day for the poor and powerless. On that day, our Supreme Court in Atong Paglaum vs Comelec decreed that the party-list system may now be invaded by the privileged and powerful. It is no longer the sacred domain of the marginalized and underrepresented. Continue reading →

Days ago, I visited the Supreme Court of Japan to advise the justices of the construction and full operation of the Philippine Judicial Academy (Philja) Training Center in Tagaytay. I handed to Justice Masaharu Ohashi (Chief Justice Hironubu Takesaki was out of town) an album of photos and brochures showing the completed center and how it provides continuing education for our judges. Continue reading →

Bold and forthright was Joan S. Largo, dean of the University of San Carlos (USC) School of Law and Governance in Cebu City, when she characterized the Philippine judiciary as no longer the “weakest and least dangerous” branch of government. In fact, if its powers and duties are compared with those of its counterparts in the United States and other countries, our Supreme Court can be termed the most powerful in the world. Continue reading →

Why did the United Kingdom so easily cede its sovereignty over Sabah to Malaysia in 1963 despite knowing that its rights over the territory arose merely from the lease granted by the Sultan of Sulu to the British North Borneo Company? Why did it ignore the Philippine claim and voluntarily relinquish its sovereignty over Sabah to the new emerging state of Malaysia? Continue reading →

Both our Constitution and the United Nations Charter prohibit war and the use of force in settling disputes. Article 33 (not 51, as I wrote two weeks ago; thanks to eagle-eyed reader Zara Mari Dy of the College of Law, Silliman University) of the UN Charter obligates its members, including the Philippines and Malaysia, to “first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.” Continue reading →

I am glad the Commission on Elections (Comelec) re-enfranchised 238,557 overseas Filipino workers (OFWs) and professionals. Earlier this year, it deleted their names from the National Registry of Overseas Absentee Voters for their failure to vote during the last two consecutive elections held in 2007 and 2010. But on March 5, the poll body interpreted the law more liberally, reversed its earlier decision, and allowed our overseas kababayan  to remain on the voters’ list. Continue reading →

To understand (1) the claim of the Sultan of Sulu over Sabah, (2) the standoff in Lahad Datu town in Sabah, (3) the stand-down admonition of President Aquino directing the followers of Sultan Jamalul Kiram III led by his brother Datu Raja Muda Agbimuddin Kiram to withdraw and return peacefully to the Philippines, and (4) the enforcement actions of the Malaysian authorities that sadly resulted in death and injury, I think it is best to begin by discussing the concepts of sovereignty and ownership. Continue reading →

Unconstitutional, unfair and unwise in my humble view is the resolution of the Commission on Elections (Comelec) restricting candidates for national posts (senators and party-lists) to an “aggregate total” of only 120 minutes of TV ads and 180 minutes of radio ads for all stations. Candidates for local positions were given a maximum of 60 minutes of TV ads and 90 minutes of radio ads. Due to my limited space, let me just discuss for now the TV limits on national candidates. Continue reading →

The resignation of Pope Benedict XVI opened the real possibility for His Eminence, Luis Antonio G. Cardinal Tagle, to become the first Filipino (also first Asian and first non-European) leader of the 1.2 billion Catholics worldwide. Theoretically, anyone can be chosen pope, but in practice, only members of the College of Cardinals are elected to the papacy. Continue reading →