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Citing Associate Justice Marvic Leonen’s alleged well-documented bias against him and his family, Ferdinand “Bongbong” Marcos Jr. is asking the Supreme Court, sitting as Presidential Electoral Tribunal, to re-raffle his electoral protest case and for Leonen, to whom the case is assigned, to inhibit from the case. The rules for voluntary inhibition of judge or …
Continue reading “Justice Leonen and the Marcos-Robredo Case”
Co-authored with Joy Reyes. The following is Part 2 of a two-part series. You can read Part 1 here. Proscription, differentiated from designation, is the process by which the Court of Appeals declares a group of persons, organization, or association as a terrorist upon the verified application of the DOJ with recommendation from the NICA and …
Continue reading “Gross Violations of Due Process in Anti-Terror Law Rules”
Co-authored with Joy Reyes. The following is Part 1 of a two-part series. You can read Part 2 here. Released by the Department of Justice and the Anti-Terrorism Council, the 48-page IRR lays down the guidelines and procedures of the law, and have several salient provisions, including those on warrantless arrests and delisting. Naturally, many critics, …
Continue reading “No Assurance from the Anti-Terror Law’s Rules”
“It has become clear that the SALN has been misused and weaponized.” Over the years, the Supreme Court has made pronouncements about the SALN, the statement of assets and liabilities and net worth required by the 1987 Constitution and special laws. In the case of RE: Request of Philippine Center for Investigative Journalism (PCIJ), the …
” It is still possible to hold elections even in these times of national health emergency.” Like constitutional change, the postponement of elections abbreviated as “No-el” or “No elections” automatically generates a knee-jerk reaction of suspicion and opposition among Filipinos. In the past, the same proposals were unceremoniously shot down before they could take off …
‘We can all agree that any public disclosure of the SALN should not be done as a result of some ill intent. It is not to be utilized to destroy a political opponent, besmirch a reputation, or exact vengeance against any individual for some perceived wrong.’ This is Part 2 of a two-part series. Read …
‘The Corona impeachment opened a genie, a monster of bad governance and politics, that we must put back into the bottle’ The following is Part 1 of a two-part series. Read Part 2 here. The SALN is required under Article XI Section 17 of the 1987 Constitution and other laws, including Section 8 of Republic …
Co-authored with Joy Reyes After the grant of an “absolute and unconditional pardon” by President Duterte to Lance Corporal Joseph Scott Pemberton, which undoubtedly took many by surprise, many people have started to talk about the concept of pardon and what the last few days mean for the criminal justice system. In 2014, Pemberton, a US Marine, …
The purpose of expropriation, like its counterparts police power and power of taxation, is to serve the public interest and promote public welfare. Eminent domain is important to public utility franchises, for example broadcast companies, telecommunication, or energy companies, that need land to build facilities that would be good for the public. Such power is …
We often hear and say the African proverb: “It takes a village to raise a child.” One can understand it merely from the point of view of the ‘child’. But a step back and a turn towards the ‘village’ could lead us to a fuller understanding of the proverb, which means that the ‘child’ symbolizes …
