We wrote that on 24 June 2006, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9346, entitled ‘An Act Prohibiting the Imposition of Death Penalty in the Philippines‘. Let’s examine the Supreme Court decisions after the abolition of the Death Penalty.
Continue readingShowdown in Congress: the Power to Discipline
It is settled that Congress, composed of the Senate and the House of Representatives, has the power to discipline its members, as well as non-members. This power is again in the spotlight.
Continue readingTranslation of Court Decisions into Filipino
The translation of court decisions and proceedings into Filipino to enhance access to justice. This is among the initiatives adopted during the National Forum on Liberty and Prosperity, spearheaded by no less than the Supreme Court, held on August 24-25 at the Manila Hotel.
Continue readingDual Citizens may Vote sans One-Year Residency in the Philippines
As previously discussed, Filipinos who lost their citizenship through naturalization in a foreign country may now re-acquire their Philippine citizenship, and thereafter exercise civil and political rights, including the right to vote. This is provided in Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act of 2003). On the other hand, with respect to the right of suffrage or to vote, the Constitution provides that it may only be exercised by Filipino citizens who, among others, shall have resided in the Philippines for at least one year.
Continue readingSpecial Court could Oversee Anti-Terror Law
(This is written by Dean Jorge Bocobo at Philippine Commentary, reposted here with his permission. Also known as “Rizalist”, DJB is one of the respected writers around).
Anti-terrorism laws unavoidably entail some curtailment of the general public’s freedoms. But hardly anyone objects very strenuously even to draconian countermeasures when a credible threat is demonstrated, as in the case of a ban on carrying on-board commercial aircraft, components of liquid improvised explosives in the foiled London airliner bombing conspiracy. But last week, Senate Minority Leader Aquilino Pimentel and Rep. Nereus Acosta, vice chairman of the House Foreign Affairs Committee declared their intention to hold up, once more, the passage into Law of the long-debated Anti-Terrorism Bill because they say the authorities may use it against legitimate political and opposition leaders. On ABSCBN/ANC last night, Twink Macaraeg’s televised one-on-one debate between National Security Undersecretary Ricardo Blancaflor and the Secretary General of Bagong Alyansang Makabayan (Bayan) Renato Reyes, also revolved around the issue of how the defense of human and civil rights ought to be conducted while the international community fights a war on international terrorism. Although Neric Acosta seems comfortable endlessly debating “the definition of terrorism” as an irresolvable or inescapable rut, his, is really a cop-out position. Nene Pimentel touches on more substantive civil libertarian issues by invoking the ghost of martial laws past and the Marcosian legacy of officially denied salvagings, unexplained desaparecidos … and other human rights atrocities of the recent past. The concerns of both legislators are serious, but can, and have already been amply addressed during the debates over the anti-terror bill. I might only add the following thoughts:
(1) The concern for human and civil rights during the implementation of a new anti-terror law can be addressed in the same way that Sen. Lorenzo M. Tanada, in crafting the 1965 Anti-Wiretapping Law allowed for the legitimate use of electronic eavesdropping on citizens for intelligence and national security purposes, by placing such special operations under the supervision and jurisdiction of the Courts.
Continue readingBreach of Promise to Marry in the Philippines
Love is not totally alien to law. The Supreme Court once quoted the truism that “the heart has reasons of its own which reason does not know.” Now, what if someone you love promises to marry you but then refuses to honor that promise?
Continue readingLibel, e-Libel or Internet Libel
We see the explosion of e-groups, blogs, message boards and other fora wherein people share facts, views and opinions. With respect to established institutions, particularly newspapers, the Online Journalism Review reports how the Washingtonpost.com made good use of the internet to expand the reach and revenue of its parent paper. Gauging from the number of advertisements in Inq7.net, the same may as well hold true in the Philippine setting.
Continue readingIn Memory of the Death Penalty in the Philippines
As reported in BBC News, the United States Supreme Court stopped the execution of a death convict, pending a determination if the chemicals to be used in the execution would cause pain (based on the constitutional prohibition against cruel and unusual punishment). The challenge, however, is not based on the argument that the death penalty per se is unconstitutional.
Continue readingProbationary Employment in the Philippines
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment. A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer. The word probationary, as used to describe the period of employment, implies the purpose of the term or period. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (Escorpizo vs. University of Baguio Faculty Education Workers Union, G.R. No. 121962 [1999])
Continue readingNetworking, Pyramiding and Multi-Level Marketing (MLM)
The concept of networking, whether in the virtual or real world, is basically the same. The purposes may be different (e.g., professional, personal, business, dating), but the general concept is the same – to link people/entities for optimum utilization of resources. In the real world (and in this side of the world), we have been exposed to the more common kind of business networking: the multi-level marketing (MLM).
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