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Showing posts with the label Constitution

The Justice has the Crown: Fr Bernas quotes Thomas More

Sir Thomas More, The Man for all Seasons The Philippines House of Representatives has the necessary numbers to begin impeachment proceedings against Supreme Court Chief Justice Renato Corona. In an ironic but wry comment, for the first time a respected constitutional lawyer, the Reverend Father Joaquin Bernas SJ has quoted Sir Thomas More's timeless "the devil and the rule of law" soundbite. But Fr Bernas does not name More as the source of the quote and that is the real downer!  Thomas More isn't your any ordinary lawyer. He is a Catholic saint and martyr. He was once Chancellor of England, which equivalent in our congressional system as the Chief Justice and President of the Senate combined. Ferdinand Topacio Esq will pale by comparison since More won't trade his eggs for mere "lawyer's drivel"! BTW, his wife Lady Alice Middleton was tempted many times to do so! In my commentaries on Philippine politics and the rule of law, I have always allu...

Our Rights, Our Victories courtesy of the Supremes

Add caption The Bill of Rights in the Constitution of the Philippines remains as the most relevant part of the charter for the citizen. In the latest book "Our Rights, Our Victories" (Cleverheads Publishing, 2011), authors Marites Danguilan Vitug and Criselda Yabes tackles landmark cases in the Supreme Court of the Philippines which deal with the rights and protections afforded by the Bill for the citizen. Ms Vitug and Ms Yabes both respected investigative journalists have to be lauded for coming out with this book that deals with civil rights in the whole tumult of our history as an independent nation. This is indeed a first in Pinoy publishing history. The book is written without much of the legalese that accompanies ponencias by the Pinoy Supremes. This would make it more intelligible for the educated Pinoy reader who knows English. Even among the educated, civics was hardly ever taught and thought about unlike in the days of my parents and grandparents during the Im...

Finally recognizing the failures of the EDSA constitutional system

For the first time, Congress (Senate and House), Civil Society and the Church have agreed that it is now opportune to amend the 1987 Constitution now. This I call the EDSA Constitutional system for it was born of a revolt on a highway and its creation announced on a military parade ground a stone's throw from that highway.  I was witness to both events.  The main reason why all agree to amend it is that the incumbent Chief Executive is simply not interested in prolonging his stay in the Palace. But the President is nor thrilled about the whole enterprise which is puzzling since his problems in reforming governance is really stymied by how the Constitution is interpreted and applied. Former Supreme Court Chief Justice Reynato Puno in his address to the University of the Philippines upon his receiving the Dr of Laws degree says that Philippine democracy is in a "stretcher". I don't think it is in a stretcher yet but I think Philippine democracy has an autoimmune di...