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Archive for November, 2006

The Temptations of Power – Vaclav Havel

Icon Written by Atty. Fred on Wednesday, 29 November 2006

On May 28, 1991 President Václav Havel of Czechoslovakia accepted the Sonning Prize for his contribution to European civilization. The biennial prize has been awarded by the University of Copenhagen since 1950. This is the text of Havel’s acceptance speech, which contains a discussion on topics that are not unfamiliar to persons holding positions of [...]



Republic Act 6735 now sufficient?

Icon Written by Atty. Fred on Saturday, 25 November 2006

Dean Jorge Bocobo has an interesting observation on the Supreme Court’s Resolution denying the motions to reconsider the dismissal of the petition for people’s initiative. The “minute resolution” pertinently reads: Ten (10) Members of the Court reiterate their position, as shown by their various opinions already given when the Decision herein was promulgated, that Republic [...]



Government Warning: Smoking Kills

Icon Written by Atty. Fred on Thursday, 23 November 2006

I was surprised to see the huge warning printed on my friend’s pack of cigarette. SMOKING KILLS. Everybody knows that. The sign is very visible. It’s easy to read. I don’t know if anybody will listen.



Scalpel of Free Speech

Icon Written by Atty. Fred on Wednesday, 22 November 2006

. . . Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. The sharp incision of its probe relieves the abscesses of officialdom. Men in public life may suffer under a hostile and an unjust accusation; the wound can be assuaged with the balm of [...]



People’s Initiative motion for reconsideration denied by SC

Icon Written by Atty. Fred on Tuesday, 21 November 2006

Today, the Supreme Court denied with Finality the motions to reconsider its earlier decision dismissing the petition for People’s Initiative. In the words of the SC news release:



Restraining Order for Pain

Icon Written by Atty. Fred on Monday, 20 November 2006

At some point in our lives, we may experience unbearable pain, so unbearable that we’d welcome death to end it all. Many had succumbed, and many more will give in, to this temptation.



Pacquiao-Morales Grand Finale: Manny will Lose

Icon Written by Atty. Fred on Wednesday, 15 November 2006

I wrote in January of this year that for at least an hour, everything stopped here in the Philippines. No traffic in the streets. No war between the military and the rebels. Crime rate was practically down to zero. No fighting in politics (but not the “politicking”). In my case, no lunch until around 3:00 [...]



Plagiarism and Intellectual Piracy

Icon Written by Atty. Fred on Wednesday, 15 November 2006

I stumbled on Talkin’ Tech’s post, through PinoyBlog, about sweet justice meted by WordPress for someone plagiarizing his blog. Plagiarism, in legal terms, is intellectual piracy or copyright infringement (added: there’s a discussion at The Ignatian Perspective on how plagiarism and infringement are distinguished). Copyright infringement was previously governed by Presidential Decree No. 49. At [...]



Pauper litigant: Court access for the less fortunate

Icon Written by Atty. Fred on Tuesday, 14 November 2006

The Supreme Court noted in a recent case that access to justice by the impoverished is held sacrosanct under Article III, Section 11 of the 1987 Constitution. Without doubt, one of the most precious rights which must be shielded and secured is the unhampered access to the justice system by the poor, the underprivileged, and [...]



Choosing the next Chief Justice: Breaking away from Tradition

Icon Written by Atty. Fred on Monday, 13 November 2006

It’s beginning to smell a lot like Christmas, and this December, Chief Justice Artemio Panganiban is going to retire. Speculations are already floating around on who will be appointed by Pres. Arroyo as the next Chief Justice of the Philippine Supreme Court. The Chiefs A total of 21 Chief Justices had been appointed since the [...]