Category Archives: Philippines

April 20, 2011 · 22:04

Public Interest Litigation for Dictator’s Rights

You don’t see this often: a Filipino lawyer has brought a lawsuit asking a Manila court to compel the Aquino administration to allow former president Ferdinand Marcos to be buried in the Libingan ng mga Bayani (Filipino for Cemetery of the Heroes). Yes, that’s right, a Filipino lawyer is appealing to constitutional on behalf of one of history’s most corrupt rulers. Here are his claims:

• Whether or not the burial of the remains of Marcos at the Libingan ng mga Bayani contravenes or undermines the constitutional principle (Article II Section 5) on the maintenance of peace and order and the promotion of the general welfare. 

• Whether or not the refusal of President Aquino to allow the burial of the Marcos remains at the Libingan would be violative of social justice mandated under Article II Section 10 of the Constitution. 

• Whether or not the refusal of Aquino to allow the burial of the Marcos remains at the Libingan would violate human rights as guaranteed by Article II Section 2 of the Constitution for every human person, including the Marcos family. 

• Whether or not the refusal of the President to allow the burial of the Marcos remains at the Libingan would be discriminatory and a denial of equal protection of the laws guaranteed by Article II Section I of the Constitution. 

• Whether or not the refusal of Aquino to allow the burial of the Marcos remains at the Libingan would be violating his duty to do justice to every man imposed under his oath of office provided for in Article VII Section 5 of the Constitution. 

• Whether or not the burial of the Marcos remains at the Libingan will undermine Article XI Section 1 of the Constitution providing that public office is a public trust. 

• Whether or not the burial of the Marcos remains at the Libingan will be in gross disregard of the mandate in Article XIV Section 3(2) of the Constitution that educational institutions shall among others inculcate respect for human rights, strengthen ethical and spiritual values and develop moral character and personal discipline. 

• Whether or not the burial of the Marcos remains at the Libingan is in compliance with the mandate in Article XVI Section 7 of the Constitution for the State to provide immediate and adequate care, benefits and other forms of assistance to war veterans.  

• Whether or not the refusal of Aquino to allow the burial of the Marcos remains at the Libingan would violate human rights as guaranteed by Article II Section 2 of the Constitution for every human person, including the Marcos family. 

This is a legitimately “tough” case because while ideally you want to protect the human rights of every individual, including the Marcos family, it isn’t obvious that these rights are really “constitutional.” In other words, I’m not sure anybody has a constitutional right to be buried where they desire, especially when the location in question is a national cemetery. I honestly don’t know whether this lawsuit will be taken seriously or just dismissed quickly. One thing’s for sure: while the Philippines still faces struggles on the rule of law front, Filipinos are perfectly ready, willing, and able to utilize the courts for political purposes.

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Filed under Marcos, Philippines

April 18, 2011 · 19:52

Blame the courts

First of all, I apologize for the sparseness of posts over the last week or so. I have finals coming up, so I’m afraid I won’t be able to write much for a while. However, here’s one piece of news I found interesting:


I’ve already written several times about the bickering between the Aquino administration and the Philippine judiciary. Now, in response to allegations that not enough has been done to punish those accused of murdering journalists, presidential spokesman Edwin Lacierda recently stated:

Those cases already in the court, I think the pressure from the journalists should be exerted towards the judiciary and not the executive branch.

I always worry when a government official calls for “pressure” to be exerted on the judiciary, even in human rights cases. I understand Lacierda’s basic point that the cases are out of the executive’s hands now, but the phrasing of his response suggests some animosity remains. As political scientists, we rarely get to listen in on politicians’ private conversations, so offhand comments like this are particularly noteworthy.

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Filed under human rights, Philippines, Supreme Court

April 8, 2011 · 01:47

Pay raise for Philippine justices

After months of on-and-off protests, Philippine judges have finally secured a budget increase. The Aquino administration has pledged another 107 pesos for salaries. However, notably the administration is also requesting the Supreme Court to allow an audit of the Supreme Court’s Special Allowance for the Judiciary funds. Perhaps not coincidentally, a similar issue (auditing special funds) led to the impeachment attempt against former Chief Justice Hilario Davide in 2003. Davide resisted Congress’ demands for an audit of the Court’s special funds, citing judicial independence. While the Supreme Court ultimately dismissed the impeachment attempt as unconstitutional (it was the second drawn up that year), the whole affair does suggest the sensitivity of the issue. The PhilStar article doesn’t record the Supreme Court’s response to Aquino’s request, but I suspect it won’t turn over its books quietly.

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Filed under Philippines, Supreme Court

April 4, 2011 · 18:16

Revenge of the Lawyers

During the Arroyo administration, progressive lawyers were some of the Philippine president’s harshest critics. Now, with the impeachment against Ombudsman Merceditas Gutierrez, an Arroyo ally, approaching, lawyers are volunteering in droves to assist the House of Representatives legal team. I’d noted earlier that progressive lawyers are increasingly unlikely to view the Supreme Court as an ally. It seems they might be drifting back towards the elected branches of government to pursue their goals. This makes me wonder however whether the Supreme Court will have enough stakeholders to maintain its independence. If not lawyers, who has a stake in the court?

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Filed under Philippines

March 9, 2011 · 04:34

Manila Marquez: An effective influence

The Philippine Supreme Court faces more blowback over the impeachment attempt against the Arroyo-appointed Ombudsman. Several justices are facing impeachment threats from Congress, although thus far it involves more bluster than bludgeoning. However, what really struck me in Supreme Court spokesman Marquez’ recent comments, as reported by PhilStar, was how he characterized the impeachment process as a threat to judicial independence. Here are a few quotes:

“There appears to be concerted efforts to bring the court down,” SC spokesman Midas Marquez told reporters.

…

“Filing of impeachment against our justices will have to be studied very carefully. It is an effective attempt to influence future decisions of the court,” he lamented.

While impeachment has rarely been used in the U.S., several Filipino justices have faced impeachment attempts, including former Chief Justice Davide over his swearing in Arroyo. Indeed, that impeachment attempt took a toll on the court, but part of me is surprised Marquez admitted as much. Perhaps his comments were a preemptive strike attempting to portray the impeachment proceedings threats against sitting justices as threats to the rule of law rather than attempts to punish bad behavior (such as the recent plagiarism allegations, lobbying on behalf of plaintiffs, etc.).

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Filed under Philippines, Supreme Court