Tag Archives: rule of law

Scenes from the Forum

Haven’t yet had a chance to write about World Justice Forum V—held at The Hague last July. Aside from allowing me to meet rule of law advocates and role models, it moved me to take the next step in a rule of law project I’ve been worrying for some time. It was good to meet kindred spirits, including exemplary Filipino delegates.

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“Law in the land died …”

“Law in the land died. I grieve for it but I do not despair over it. I know, with a certainty no argument can turn, no wind can shake, that from its dust will rise a new and better law: more just, more human, and more humane. When that will happen, I know not. That it will happen, I know.” — The great Jose W. Diokno, who died 30 years ago today

From the Diokno.org memorial website.

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Column: The unfortunate Justice Peralta

Published on November 15, 2016.

There is none so blind as he who refuses to see. Associate Justice Diosdado Peralta’s ponencia in the Marcos burial cases will go down in history as the cowardly rationalizations of a willfully blind man; he deserves the opprobrium coming his way. He still has six years to serve in the Supreme Court, but his legacy will be forever defined by this badly written, ill-thought-through, deliberately obtuse majority decision.

Peralta’s opinion begins: “In law, as much as in life, there is need to find closure. Issues that have lingered and festered for so long and which unnecessarily divide the people and slow the path to the future have to be interred. To move on is not to forget the past.” This New Age-speak is nonsense, misleadingly so, because closure does not come from any Court ruling but from a ruling that is truly just.

The opinion ends with a similar lame attempt at an overview: “There are certain things that are better left for history—not this Court—to adjudge. The Court could only do so much in accordance with the clearly established rules and principles. Beyond that, it is ultimately for the people themselves, as the sovereign, to decide, a task that may require the better perspective that the passage of time provides.”

That squeaking you hear? That’s the sound of Peralta and the eight justices who joined the majority trying to fit their bottoms on the fence they’re sitting on. The people had already decided: They ousted Marcos, supported the restoration of democratic institutions, overwhelmingly ratified the Constitution. It takes an extra amount of determination to ignore history.

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Column: The Supreme Court vs the Marcoses

Published on October 18, 2016.

If the Supreme Court did not exist, an Inquirer editorial once argued, it would be necessary to invent it. We can add a corollary: If an occasion demanded its invention, it would be the series of legal issues arising from the Marcos dictatorship. Ferdinand Marcos rose to power through skillful use of the means of democracy—the same democracy he and his wife then subverted when he imposed military rule and assumed absolute power.

The Marcoses, to steal one of Philip Larkin’s unforgettable opening lines, “they f*ck you up.”

I use the present tense, because even though Marcos himself died a quarter-century ago, many parts of the legal and political and cultural edifice he built persist to this day. So yes, the Marcoses continue to mess with our mind—and proof lies in President Duterte’s unrepentantly legalistic view that nothing bars him from ordering the burial of the dictator’s remains at the Libingan ng mga Bayani (and honoring his campaign promises).

It’s a narrow interpretation of a tenuous legal principle, against the whole weight of history. This is Marcosian in both inspiration and execution, a privileging of the created legal order at the expense of national experience and the public interest.

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Column: The unfortunate Salvador Panelo

Published on August 23, 2016.

IN 1992, Salvador Panelo ran for the Senate. That year, there were 12 six-year terms and 12 three-year terms at stake. Panelo, now the chief presidential legal counsel, ran as one of the 24 candidates of the Marcos political party, the Kilusang Bagong Lipunan or KBL.

Out of 163 qualified candidates, Panelo came in 125th. Tito Sotto topped the Senate race, with 11.7 million votes. The last of the 24 winning senators was reelectionist Butz Aquino; he earned 3.9 million votes. Panelo had 289,000 votes, less than 8 percent of Aquino’s. Of the 24 KBL candidates, he ranked 13th. The loyalist lawyer Oliver Lozano, who came into prominence after the Marcoses fled Malacañang, earned 407,000 votes.

(Fun fact: In 1992, Gloria Arroyo came in 13th; that is, she won a three-year term. It must have seemed like a disappointment for the first-time politician, but in 1995 Arroyo ran again for a full six-year term and this time topped the Senate race, immediately becoming a viable presidential or vice presidential candidate for 1998.)

Why do I bring up Panelo’s dismal record in his single attempt at national office? Elective office is a bruising affair and it is entirely to Panelo’s credit that, at least once in his life, he threw his own hat into the ring. We should not gainsay his attempt.

But it seems he learned one lesson from his defeat: If he had the appetite for politics but not the personality for elections, he can serve winnable politicians in an advisory capacity. Continue reading

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Column: The President as lawyer

Published on August 16, 2016.

IT HAS been some time—30 years, in fact, or an entire generation—since a lawyer served as president of the Philippines. Before San Beda graduate and city prosecutor Rodrigo Roa Duterte, there was UP graduate and bar topnotcher Ferdinand Edralin Marcos. That time did not end well.

What can we expect from another lawyer in Malacañang? President Duterte has used two constitutionally mandated ceremonies to speak directly to this question; he has also spent some time in his ongoing series of visits to military camps to say something about what we can call his philosophy of law. Believing, as I have written before, that in the democratic project the law is too important to be left to lawyers alone, I would like to put in my two centavos’ worth. (We all should.)

Before 1986, when the Marcoses were chased out of the presidential palace, almost all the presidents were lawyers. There were only two exceptions: Emilio Aguinaldo, the generalissimo who led the successful Philippine Revolution at the turn of the 20th century, and Ramon Magsaysay, the defense secretary who broke the back of the Huk insurgency in the 1950s. All the others were lawyers, and from the start promising ones: Manuel Quezon, Sergio Osmeña, Manuel Roxas, Elpidio Quirino, Carlos Garcia, Diosdado Macapagal, and Marcos were all bar topnotchers, a meaningless distinction in other countries but in the Philippines a definite political advantage. Even Jose Laurel, the president of the Second Republic under the Japanese, was also a topnotcher and a heavyweight lawyer.

In the first 50-odd years of Philippine self-government, then, lawyers served as president for 45.

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Editorial: “The romance of rape”

I could not find the Inquirer editorial mentioned in the preceding post online, so I looked for it in the newspaper’s (internal) digital archives.  The editorial was published on April 27, 2009.

IT IS TEMPTING TO DESCRIBE THE DECISION OF the Court of Appeals acquitting Lance Cpl. Daniel Smith of the crime of rape, promulgated by the all-female 11th special division, as the revenge of the manangs. The decision certainly seems to have been written by a conspiracy of spinsters, in vigorous denial of reality, and sustained by fantasies of chivalry (in favor of the American serviceman) and chastity (against the woman we all call “Nicole”). Continue reading

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