February 16, 2011 · 05:16

Manila Marquez: Our decision isn’t meant to deodorize our image

I’m starting to really enjoy Supreme Court spokesman Midas Marquez’ commentary on recent cases. Yesterday, the Philippine Daily Inquirer reported him blatantly proclaiming, ““This is not an Arroyo court.” Ombudsman Merceditas Gutierrez filed a complaint alleging that Congress had filed two articles of impeachment against her in one year, in violation of the constitution (interesting aside: this same provision saved former Chief Justice Davide in 2003). Gutierrez was an Arroyo appointee, allegedly close to Mike Arroyo, and some worried that the Supreme Court might protect her, given that most of the justices are also Arroyo appointees (14 out of 15).* However, the justices voted 9-7 to dismiss her complaint because the two impeachment charges had been filed in the same proceeding of Congress. The article goes on to state:

According to Marquez, the court’s ruling allowing the House committee on justice to proceed with the impeachment proceedings against the Ombudsman was not meant to deodorize its image.

It’s not clear if Marquez actually used the word “deodorize,” or if that was the reporter’s invention, but that certainly presents quite an image – or smell, rather – of the Supreme Court’s current standing in the Philippines.


* For more on these allegations, see my earlier post here.

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February 16, 2011 · 04:43

Book Review: Misappointing judges

I read a few of the chapters in Appointing Judges in an Age of Judicial Power: Critical Perspectives from around the World. I have to say I was disappointed with the Southeast Asia chapter. I noticed several basic errors with regards to countries i know well (for example, the Philippine Constitution was promulgated in 1987, not 1993). Furthermore, many of the “insights” were not all that insightful. I hope nobody needs to read this book to find out that the Communist Party of Vietnam has a monopoly over judicial appointments. This book is useful for getting an overview on the judicial appointment process of various countries, but be wary of relying on it alone without double-checking the country’s laws.

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February 12, 2011 · 00:25

Updates from the region

First of all, I apologize for posting less frequently and with less analysis. Grad school is keeping me busy. I’m also working on some interesting articles, which I’ll certainly share when they’re ready.

There were two interesting bits of news from the region today:

Burma: In a recent speech, Aung San Suu Kyi encouraged Burma’s youth to criticize corruption and arbitrariness in Burma’s judicial system. Interestingly, when Irrawaddy magazine solicited for suggestions for Suu Kyi, I told her she should focus on the judicial system. Maybe she listed to me!


Indonesia: The Judges Ethics Council ruled that Constitutional Court Judge Arsyad Sanusi must step down after family members received bribes from a litigant in a case before the court. While he complied, the affair is a sad mark on the court, one of the few bright spots in Indonesia’s judicial system.


Thailand: Thai activist Da Torpedo won an appeal against a lese majeste conviction. This is one of the few times a defendant has won in such a case. However, it’s unclear whether the Constitutional Court will uphold the acquittal.

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February 1, 2011 · 06:20

Suspects for life?

A few months ago, I mentioned that Indonesia’s Attorney General dropped what many believed were fraudulent charges against two KPK deputies, Bibit and Chandra. Surprisingly, some of their supporters wanted the two men to fight it out in court, believing that only a full trial would full vindicate them. Technically, the government used a Dutch procedure known as a deponering, which suspends the prosecution but still considers the men suspects.

Now, it appears opponents of the KPK seek to wield that technicality against Bibit and Chandra. According to The Jakarta Globe, the two men were not permitted to attend a House hearing on the KPK and reforms. Lawmakers claimed this was because the men were still legally considered suspects. Yet, as the newspaper notes, many believe the move was in retaliation for the arrest of 19 former and current legislators on charges of corruption.

Sadly, it seems that even if Bibit and Chandra are no longer in immediate danger of prosecution, last year’s compromise over the case also compromised their ability to act effectively. Yet another tragedy in the story of post-reformasi Indonesia.

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January 31, 2011 · 03:31

Book Review: Global Constitutions

Tushnet and Amar’s Global Perspectives on Constitutional Law is a slender volume, essentially a miniature comparative constitutional law textbook, almost a supplement to Jackson & Tushnet’s Documentary Supplement to Comparative Constitutional Law 2005 (University Casebooks). This book covers some topics that earlier textbook doesn’t such as campaign finance. Each chapter excerpts cases on the topic from various jurisdictions. Unfortunately, as is the case with many comparative law texts, each subjects covers only a few jurisdictions, so it’s difficult to know whether they’re really representative. Some of the notes are pretty useful and can serve as a guide to further sources.

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