Monthly Archives: November 2006

The Temptations of Power – Vaclav Havel

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 power in the Philippines.
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The prize I’ve been honored with today is usually given to intellectuals, not to politicians. I am obviously what can be called an intellectual, but at the same time, fate has determined that I find myself — literally overnight — in what is called the world of high politics.

With your permission, I would like to take advantage of my unusual experience and try to cast a critical eye of an intellectual on the phenomenon of power as I have been able to observe it so far from the inside, and especially on the nature of the temptation that power represents. Read more »

Republic Act 6735 now sufficient?

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 Act No. 6735 is sufficient and adequate to amend the Constitution thru a people’s initiative.

Now, does this single sentence constitute a reversal of the ruling in Santiago vs. COMELECincomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned? Read more »

Government Warning: Smoking Kills

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. Read more »

Scalpel of Free Speech

. . . 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 a clear conscience. A public officer must not be too thin-skinned with reference to comment upon his official acts. Only thus can the intelligence and dignity of the individual be exalted. Of course, criticism does not authorize defamation. Nevertheless, as the individual is less than the State, so must expected criticism be born for the common good. Rising superior to any official or set of officials, to the Chief Executive, to the Legislature, to the Judiciary – to any or all the agencies of Government – public opinion should be the constant source of liberty and democracy.”

- Philippine Supreme Court, U.S. vs. Bustos, ref.

People’s Initiative motion for reconsideration denied by SC

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: Read more »

Restraining Order for Pain

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. Read more »

Pacquiao-Morales Grand Finale: Manny will Lose

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 p.m., after all the post-match shows were done. Read more »

Plagiarism and Intellectual Piracy

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 present, all laws dealing with the protection of intellectual property rights have been consolidated under Republic Act No. 8293.

Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law. Infringement of copyright, or piracy, which is a synonymous term in this connection, consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by statute on the owner of the copyright.

(Read the full discussion at the e-Legal Forum).

Pauper litigant: Court access for the less fortunate

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 the marginalized.

A criticism, however, is made that the increased filing fees is anathema to the declared intent of giving the less fortunate more access to courts. This issue is partly addressed by filing a case as a pauper or indigent litigant, which is the subject of a recent Supreme Court decision. More discussions here.

Choosing the next Chief Justice: Breaking away from Tradition

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 creation of the Philippine Supreme Court in 1901 (pursuant to Act No. 136, also known as the “Judiciary Law”). They are: Read more »