TONY LA VIÑA, KALOI ZARATE, JAYVY GAMBOA ‘Do we really need to change the Constitution for economic reasons? No.’ Last March 6, the House of Representatives approved on third reading Resolution of Both Houses (RBH) No. 6 calling for a constitutional convention, or ConCon, as a mode of charter change. RBH No. 6 states that …
Category Archives: Legal Issues
A day of reckoning for Duterte et al.
“The day of reckoning is coming for Duterte and others.” On March 5, 2018, the Duterte government announced its withdrawal from the International Criminal Court. On March 16, 2018, it formally submitted its Notice of Withdrawal through a Note Verbale to the United Nations Secretary-General’s Chef de Cabinet. These prompted the filing of petitions questioning …
The ICC and Duterte, the next phase
“The International Criminal Court can only intervene where a State is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators.” The victims of the war against drugs inflicted by the Duterte administration on the Filipino people cry out for justice. Thousands have died from this war; many families have been affected. …
Gigi Reyes and everyone’s right to speedy trial
“The SC said while Reyes’ detention is based on a court order, her prolonged detention, without any progress on the case against her, is considered ‘vexatious, capricious, and oppressive.’” I fully support the decision by the First Division of the Supreme Court to release Attorney Gigi Reyes from detention by granting her petition for the …
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Anti-Terror Law’s slippier slope
“Fortunately, the Supreme Court did declare unconstitutional a provision in a Section of the ATA for being overbroad and violative of freedom of expression, in essence agreeing with the proposition that activism is not terrorism” In my last column, I summarized Judge Maldoza-Malagar’s decision on the proscription case against the Communist Party of the Philippines …
A ‘brilliant, correct decision’
“The Court has to answer not only the purpose behind the creation of the CPP-NPA, but whether the acts committed by its members as alleged by the petitioner would qualify as ‘terrorist’ acts.” A few weeks ago, we saw the resolution of the petition seeking the proscription of the Communist Party of the Philippines and …
A ‘brilliant, correct decision’
“The Court has to answer not only the purpose behind the creation of the CPP-NPA, but whether the acts committed by its members as alleged by the petitioner would qualify as ‘terrorist’ acts.” A few weeks ago, we saw the resolution of the petition seeking the proscription of the Communist Party of the Philippines and …
Never again a dictatorship
“That Juan Ponce Enrile is now suggesting going back to the martial law provisions of the 1935 Constitution/1973 Constitution is to forget and deny the atrocities and abuses of the Marcos regime” In my column last Saturday, I detailed how the Philippines became what emerged as the US-Marcos dictatorship. Unfortunately, the United States supported Marcos …
The wisdom of Senator Loren Legarda
“The way to go…is to restart the peace process with the Communist rebels, to encourage and entice them to return to the fold of the law, throw away their arms and become partners with the civil government and the society at large in addressing social inequality and social injustice” In a privilege speech a week …
The Marcos corruption cases
“With the son of Marcos Sr occupying the presidency, we are now at a crossroads. Whether or not the BBM administration will respect the mandate of the PCGG or emasculate it, only time will tell.” As early as 2003, the Supreme Court in Republic v. Sandiganbayan ruled that over 25 billion pesos worth of Marcos …
Tony La Viña 