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Latest:  On 10 February 2010, I filed a petition for prohibition with prayer for injunctive relief docketed as G. R. No. 191032 against the Judicial and Bar Council before the Supreme Court.

There is no provision in the 1987 Constitution that says that the President should appoint the Chief Justice.

All the Constitution provides is that “Members of the Supreme Court x x x” shall be appointed by the President from a list of nominees submitted by the Judicial and Bar Council” (Sec. 9, Art. VIII).

But the Constitution also says that the Supreme Court has the power ”to appoint all officials x x x of the judiciary” (Sec. 5 [6], Art. VIII). And there is no iota of doubt here that the Chief Justice is an “official” of the judiciary, in fact the highest official thereof.

In short, the appointing power of the President extends only to the associate justices (or members) of the Supreme Court, not necessarily to the post of Chief Justice, which the Supreme Court En Banc may legally designate.  Thus, the selection and nominating powers of the Judicial and Bar Council under the Constitution and the consequent appointing power of the President may be exercised only in this case if the person sought to be appointed Chief Justice is not coming from among the incumbent justices of the Supreme Court.

This interpretation is in keeping with the principles of separation of powers and would best serve the independence of our judiciary, free from all political and vested interest.

This is the gist of my letter dated 11 January 2010 to the Chief Justice copy furnished all the associate justices of the Supreme Court. In reply, I received a letter from the Judicial and Bar Council dated 19 January 2010 stating that my constitutional view was duly noted during its en banc meeting of 18 January 2010.

I pray that the Supreme Court asserts its constitutional power to select its own leader upon the retirement of Chief Justice Reynato S. Puno on 17 May 2010 to put to rest all the current debate and constitutional controversy about his replacement that continue to undermine or taint judicial independence.

The Supreme Court En Banc declared unconstitutional in Quinto vs. COMELEC (G. R. No. 189698, 1 December 2009) the second proviso in the third paragraph of Sec. 13 of RA 9369, Sec. 66 of the Omnibus Election Code and Section 4 (a) of COMELEC Resolution No. 8678. Consequently, appointive public officials are no longer ipso facto resigned when they file their certificate of candidacy for an elective post.

With the ruling, justices, judges, election officials, military and police officers, members of the cabinet and all appointed civil servants may continue to exercise the functions of, and hold on to, their appointive office while campaigning to get elected for an elective position.

If they lose, they just continue occupying their appointive posts without even violating Sec. 6, Art. IX (B) of the Constitution that says “No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government of any government-owned or controlled corporations or in any of its subsidiaries”.  Why? It is because they have already been appointed before they lost the elections.

The decision does not seem to prevent the evil that the Constitution, in so many words, seeks to prevent. Next elections, should the Filipino people be wary that the Chief Justice, the Chairman of the COMELEC or the Chief of Staff of the AFP becoming a candidate for President, Vice-President or Senator while serving the office to which they were appointed?

Just asking, in the meantime that this decision is not yet final and executory.

On 17 November 2009, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9775, also known as the “Anti-Child Pornography Act of 2009”.

The law makes it a criminal act to (a) employ or use a child to perform in child pornography, (b) create or produce any form of child pornography and child pornography materials, (c) offer, sell or promote child pornography or child pornography materials, (d) possess, download, reproduce or purchase them for sale or distribution, (e) publish, post, transmit, distribute, exhibit or broadcast any form of child pornography or child pornography materials, (c) knowingly view, access, obtain or possess even for personal use child pornography materials, or (d) attempt to commit child pornography by luring or grooming a child.

A child is defined as one who is below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

The depiction of a child in child pornography or child pornography materials, regardless of age, or the child’s representation as such in digitally or manually crafted images, undeveloped films, videotapes, movies, drawing, cartoons, paintings, sculpture, audio, real time Internet communications, in written texts or materials, and similar means fall within the ambit of the penalties provided for by the law.

Under pain of imprisonment and/or fine, Internet service providers (ISPs) and Internet content hosts are required to prevent access or transmittal of child pornography materials and to preserve evidence for the purpose of investigation and prosecution by concerned authorities.

And with (a) Internet cafés, (b) private and public educational institutions, (c) public and private offices; and (d) service providers, such as telephone companies, are required to install blocking system or software to prevent transmittal of or access to child pornography materials.

The law also created an Inter-Agency Council Against Child Pornography.

You may also view the full text of the law  by clicking here.

I join our countrymen and the world in mourning the passing of Tita Cory. I learned about her death while I was in Naga City. And when I came back last night after a grueling land trip to Manila, I and my son, Jimbo, did not waste any time in paying our last respect for her at La Salle Greenhills.

Many great things have been said about Tita Cory and she truly deserves all the accolade.

But I love Tita Cory because she made us believe that what it takes to be a great leader and human being is neither education nor experience nor brilliance, just plain and simple sincerity, honesty, integrity, modesty, faith and the fortitude to rise above difficult circumstances – qualities that are rare these days and you can hardly find in any of our present day leaders.

I love Tita Cory because she made sure that we, our children, and hopefully the next generation enjoy the blessings of freedom under a regime of democracy. They say that absolute power corrupts but Tita Cory did not succumb to the temptation, when it was very convenient for her to do so. Her presidency had its own share of weaknesses but no one can deny that she served us well by making sure that every Filipino enjoy the fruits of liberty.

And I love Tita Cory because she distinctly made me proud to be a Filipino. The phenomenal and world-acclaimed People Power of 1986 was bloodless and peaceful simply because Tita Cory was its icon, its inspiration, its moving spirit. And I now reminisce that part of my life circa 1983-1986 with great pleasure which I want my children to cherish and understand well.

I dare say that Ninoy’s life and death was actually meant by God to prepare Tita Cory to be our own Joan of Arc. God must be on our side for giving us Tita Cory.

“I would rather die a meaningful death than to live a meaningless life”, Tita Cory once said.  You did, Tita Cory.

“I hope that history will judge me as favorably as our people still regard me, because, as God is my witness, I honestly did the best I could. No more can be asked of any man”, Tita Cory said in her last SONA.  We know you did, Tita Cory.

With your death, may the hopes of the Filipino people live again by tying that yellow ribbon ’round the old oak tree.

Thank you Tita Cory. Thank you. Farewell.

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Below is a song composed by my best friend, Corazon Guidote, arranged by Roy Del Valle, performed by Lisa Del Valle and photoshow assembled by Mike Reyes.

This is under  CC-BY-NC-ND Philippine License 3.0

On 10 February 2009, the Supreme Court En Banc approved in a Resolution the Rule on Mandatory Legal Aid Service for Practicing Lawyers (Bar Matter 2012).

The rule, which shall take effect on 1 July 2009, shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines.

For details and to view the complete text of Bar Matter 2012, click here.

On 3 June 2008, the Supreme Court promulgated a resolution in Bar Matter 1922 requiring all lawyers to indicate the number and date of issue of their MCLE certificate of compliance or exemption in pleadings (as well as motions) filed in courts and quasi-judicial bodies. MCLE stands for the Mandatory Continuing Legal Education program of the Supreme Court for the members of the Philippine legal profession.

Failure to disclose may result in the dismissal of the case and the expunction of the pleadings from the records.

The full text of the resolution, which becomes effective sixty days following its publication (or on 24 August 2008), may be viewed HERE.

LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) – 8 June 2008 Issue

Jessica Price is a nineteen year old lass from South Africa, a world-class and champion debater in her home country and participated in the World Schools Debating Championships in South Korea and Wales as part of her national team. Price is the daughter of the incoming Vice-Chancellor of the University of Capetown.

She visited the country as part of her educational tour before pursuing her college education in medicine. Before coming over, she knew of the Philippines but never had any particular impression of the country and its people except that perhaps this political territory is mostly rural in orientation.

After more than a week of stay, Price finds Filipinos as very family-oriented, hospitable and kind.  In the process, she was introduced and met new friends, hopefully to keep.

She was surprised with the enormous developments particularly in Metro Manila that at one point she gave up touring the malls and some entertainment centers feeling that she had enough of them..  She thinks that the average Filipino inulges more on consumer spending rather than on savings.

She finds Filipino dishes very much different from her home country, which were more European and American tasting. But the hamburger from this country’s very own Jollibee certainly suited her taste buds.  In fact, even her senses rated the smell of the metropolis in general to be like its food, sweet, tasty and spicy; although she did observe the heavy smog in the skyline during early mornings.

Like any other tourists who visited this country, Price had a taste of the rural areas and the beach front facing the South China Sea. For someone like her who loves to swim and scuba dive but lives in the landlocked city of Johannesburg, the sea puts a smile on her face.

Much as she wanted to visit the more than seven thousand islands of this beautiful country, she too got the caution from where she came from that Mindanao and some areas in the Visayas are not suitable for foreigner like her travelling alone because of the perennial terrorism tag brought about by kidnapppings for ransom of long ago.

She had been to historical places and museums particularly in Manila and saw first hand the richness of the country’s cultural heritage and traditions under colonial rule. After driving around some nook and corner of the Old City, she feels that it is still highly influenced by Spain.

Price shares her country’s problem on poverty and the quality of, and access to, public education which are almost akin here. She and her people are particularly proud of Nelson Mandela, a South African statesman who was released from prison to become his nation’s president during the first multi-racial elections in 1994. Old as he is, Mandela seems to be the moving icon of his country. Many of his countrymen like Price feels that his presence is something that continues to hold that nation together despite all the hardships a typical developing country have to brace. This country could only hope that it has a living icon like Mandela whom Filipinos would listen to like a father speaking to his children, especially in times of political uncertainties.
 
Except perhaps for our very humid weather, there was no doubt that Price finds the country and its people likeable. The Philippines is Price’s first taste of Asia and for sure she was not disappointed.

Jessica Price is a young tourist and her observations are as valid as any other foreigners who visited this country for the first time, many of whom in fact fell in love with it.

This nation may not be great in many respects. But certainly it is beautiful in many other aspects. And that is something Filipinos could be proud when they celebrate Independence Day this week.

LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) – 18 May 2008 Issue  

With fossil fuel getting scrimpy and prices of crude oil trading beyond $120 per barrel, governments have been pushing to replace a part of the current fuel mix with biofuels, essentially with ethanol and biodiesel, as an alternative.

Biofuel is any fuel derived from organic matter, most commonly from photosynthetic plants that capture solar energy. Unlike fossil fuel, which is derived from dead biological materials of long ago, or nuclear fuels, biofuel is renewable.

The process of creating biofuel as liquid fuel for transportation involves growing crops such as sugar and corn and using yeast fermentation to produce ethanol, or growing plants that naturally produce oil such as jathropa, palm or soybean which when processed chemically creates biodiesel.

Biofuels are regarded by many experts as environment friendly, a more affordable energy source and economically sustaining particularly to farmers.

The Philippines is among the many countries in the world that support and promote biofuels as an alternative source of energy. It is for this reason that the Biofuels Law was fast-tracked on May 6 a year ago.

They say the Philippines was the first country to legislate on the use of biofuel blends within its borders with the enactment of the Biofuels Law (Republic Act No. 9367). The law mandates all liquid fuels for motors and engines sold in the country should contain locally sourced biofuel components in order to reduce reliance from imported oil by providing certain incentives and punishments.

To avoid a potential clash with the issue affecting food security, the Department of Agriculture said that biodiesel would be produced from coconut, which is neither a food staple nor a major ingredient for animal feeds while bioethanol will not be sourced from sugar cane supplies destined for food and beverage application.

Right after Labor Day, BBC News reported that Belgian international law professor and special rapporteur on the right to food of the United Nations, Olivier de Schutter, urged a freeze on biofuel investment calling the blind pursuit of the policy as “irresponsible.” He said that the program drives food prices higher, threatening 100 million of the world’s poorest. His predecessor, Jean Ziegler, had condemned biofuels as a “crime against humanity” and called for an immediate ban on their use.

Nobel Peace Prize winner Rajendra Pachauri, a climate change scientist, cautioned the world in developing biofuels because of its perverse effects on the environment and higher food prices. Some environmentalists also blame biofuel programs for distorted government budgets and much of the deforestation in Southeast Asia and Brazil. Some scientists also claim that some types of biofuel generate as much carbon dioxide as the fossil fuels they replace.

In his article for Time magazine entitled: “The Clean Energy Scam,” Michael Grunwald reported that “new studies show the biofuel boom is doing exactly the opposite of what its proponents intended: it’s dramatically accelerating global warming, imperiling the planet in the name of saving it. Corn ethanol, always environmentally suspect, turns out to be environmentally disastrous . . . Meanwhile, by diverting grain and oilseed crops from dinner plates to fuel tanks, biofuels are jacking up world food prices and endangering the hungry. The grain it takes to fill an SUV tank with ethanol could feed a person for a year. Harvests are being plucked to fuel our cars instead of ourselves.”

With the unabated price of fossil fuel in the international market, there is definitely a need to shift to alternative sources of energy. The world obviously needs oil as much as it needs food and needs to protect the environment.

It cannot be said that the use of biofuels is all that good. But it cannot be said also that it is all that bad. Whether it would bear either pernicious or beneficial consequences would heavily depend on how the political management of every nation could strike the balance in terms of state policies.

Like money, biofuels need not be the source of all evil.

LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) – 4 May 2008 

With the age of information technology at the center stage of human interaction, there is an emerging global consensus for collaboration in providing access to learning and knowledge and developing a wide range of educational resources in cyberspace that are free and open for everyone to use outside of the traditional models. It is referred to as ‘open education’.

The Cape Town Open Education Declaration in September 2007 and now signed by over 1,500 individuals and more than 150 organizations all over the world urges educators and learners participation in the open education movement, and the promotion of open education resources and open education policies.

Open education operates on different framework from open university, e-learning, open content to wikis, e-books, legal commons or open coursewares. And these methods are not necessarily mutually exclusive.

Sir John Daniel, President and CEO of the Commonwealth of Learning (COL), in a speech before the William Flora Hewlett Foundation Grantees Meeting in a symposium on Open Learning Interplay at the Carnegie Mellon University on March 12, 2008 said:

“Open education broke open the iron triangle of access, cost and quality that had constrained education throughout history and had created the insidious assumption, still prevalent today, that in education you cannot have quality without exclusivity.”

“Open as to people, open as to places, open as to methods, and open as to ideas. That is a good framework to think about open education.” quoting and paraphrasing a 1969 address of ‘The Economist’ editor, Geoffrey Crowther, an early advocate of open education whose speech was still probably written in a typewriter.

In the first forum dubbed as “Open Education: Are we ready and where are we?” held on April 23, 2008, the Philippine Commons and the e-Law Center of the Arellano University School of Law advanced the idea that ‘open education’ should refer to any scholarly, academic or guided initiative that promotes access to learning and knowledge in a free, open and collaborative environment using the tools and infrastructure of information technology.

Open education is an initiative whose time has come.

In the words of Kristine Mandigma, editor-in-chief of Vibal Foundation: “In leading economies technology and knowledge are the critical factors of economic growth.” She emphasized though that innovation is the key.

Greg Moreno of Bayanihan Books believes that open education would eventually fill the gaps in the educational system as technology attempts to address the issue of content quality and commercial viability.

Lawyer Michael Vernon Guerrero of Philippine Commons submits that open education empowers people. He thinks that open content is the first step toward collaboration as international endeavors in this respect continue to grow, develop and mature.

Miriam Coprado of the Department of Education shares the view that while government continues to pursue the integration of information technology in the educational system, the contribution of the private sector remains a most important element.

But the societal significance of open education was best expressed by Siegfried Herzog, resident representative of the Friedrich Naumann Foundation in the Philippines, during the forum when he said:

“Remember, knowledge is power. Whenever access to knowledge is restricted, there is an issue of power behind it – a ruling elite will control knowledge in order to maintain power. If we truly believe that power should be vested in people, not in elites, anything that increases access to knowledge and deepening of knowledge is welcome. Open education is thus not just a nifty tool to enhance skills. It is a way to build a freer society.”    

Certainly, open education empowers because it is built upon a platform of collaboration, equal opportunities, and open access to knowledge that could shift the paradigm of conventional educational systems that are perceived to be discriminating.

LINK: ‘Note Verbale’, Manila Times (Sunday-Career Times) – 27 April 2008 Issue

In romance, they say that the easiest way to a man’s heart is through his stomach. And in the life of a nation, the idea is equally true. Depriving the people of the food on their table is a concededly a threat to national security.

For several weeks, news reports on the inevitable rice crisis and the constant rise in the prices of basic food commodities have been persistent. If there is any consolation at all, this country is not alone.

Experts note that the world is actually facing a food crisis that could reach a boiling point. In Haiti for instance, people held angry and violent protests against their government because of soaring food prices and cost of living.

In a recent survey, pollster Pulse Asia revealed that 71 percent of Filipinos consider themselves as poor, with two out of every three Filipinos believing that the economy has deteriorated in the last three years despite the phenomenal economic growth being proclaimed by the government.

Something is obviously wrong with the country’s food production policies. It begins with the lack of serious national land use plan where certain areas would be deemed as protected areas devoted solely for food production. Any agricultural land is expected to give way to the demand of commercialization, industrialization and urbanization at any time. The economic prosperity of localities especially in rural areas is seldom measured in terms of bountiful food production. Lands are better left idle because landowners still gain from speculative pricing. And even with the introduction of the agrarian reform program, lands are still under the control of a few.

Hardly would this country find among the ranks of the youth who would be interested or attracted to pursue a career in agriculture. Students would rather pursue a course or a skill that would land them a job overseas at once. It is difficult to expect children of farmers to carry on the same tasks. But in a country highly populated by young people totally disinterested in farming, who would be expected to take care of producing the food on their table in the future?

It is indeed a Herculean task to convince the youth of today to become farmers. Typical farmers here are typecast as being poor. Typical farming, next to begging perhaps, is the last alternative for economic survival. Every small farmer is imposed the burden of finding viable support for farm inputs, credit facilities, fiscal incentives, support services, and against unfair competition and trade. There is no reason therefore to blame the Filipino youth for not looking at farming as an option for their future. These are just among the problems, there are more.

But despite the gloomy state of agriculture, the country is still fortunate for its very rich natural resources. Even at this time when the country is stricken with hunger, the food shortage is apparently not yet the result of inadequate food supply but the affordability of food on the table of many Filipinos. This is due to the unrelenting escalation in prices of staple food, basic commodities, and fuel prices when family income remains the same. Raising wages to cope up with rising prices would drive prices higher. Prices need to be raised because capitalists need to protect their profits.

The root of the problem that drives the vast majority of Filipinos to forced starvation is the systemic uneven distribution of wealth, with the rich getting richer and the poor becoming poorer, and not the adequacy of food production or supply.

For instance, people line up for their daily rice requirements to partake of government supply not because there is no rice in the market but because the price government offers is the only rice that they could afford. It is a case where people get hungry because they could not afford their family requirements within the limits of their earnings.

It is easier for people to understand and sacrifice if the earth no longer produces the food that they need because everyone is similarly situated. But in a situation where starvation is forced because people do not have the wherewithal, a social volcano is just waiting to break loose.