Category Archives: Philippines

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.

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

Filed under Philippines, Supreme Court

January 21, 2011 · 16:17

Updates from the region

A few interesting developments from the region:

Burma: An opposition candidate won a case against a candidate backed by the military regime! According to DVB, the Election Commission dismissed a complaint by a Union Solidarity and Development Party (USDP) candidate that his opponent, Sai Moon from the Shan Nationalities Democratic Party (SNDP), used armed groups to force people to vote for him. This is one of a handful of cases in which the courts have ruled against an elite figure. Even more interesting, according to the article other opposition candidates claim the Commission is handling such cases fairly. That’s certainly a rare bit of good news and hopefully a reason for hope that the country’s new judicial institutions will provide better services than they have since 1962.


Indonesia: No surprise that the latest news deals with corruption scandals. First, a while ago I blogged about the Gayus corruption case, in which a tax official bribed jailers to let him leave jail and vacation in, among other places, Bali. Now, the South Jakarta District Court has handed down a sentence. Seven years and a Rp. 300 million ($33,170) fine. However, according to The Jakarta Globe, many see this as too light a sentence for such flagrant abuses. 


I have no basis upon which to judge these criticisms. I don’t know if the court was particularly lenient on Gayus or if any foul play was involved. Regardless, the outcry is a useful reminder of the distinction between justice in the abstract and the judicial process. It may well be that the masses demand a more stringent punishment than the system provides.


In another corruption case, judges visited the home of former National Police chief Susno Duadji to investigate claims that a broker visited the home in December 2008 to pay him Rp. 500 million ($55,000). This event is interesting from a comparative law standpoint. In civil law countries like Indonesia, judges can and often do take it upon themselves to investigate or confirm factual allegations by the parties. In common law systems, judges almost never leave the courtroom and rely solely upon the testimony of witnesses. Still, the article doesn’t explain how visiting a house will reveal what happened over two years ago.


Philippines: The war of words between the Aquino administration and the Supreme Court took another turn as Chief Justice Corona denounced a “propaganda war” against the Court’s recent judgements. According to PhilStar, the chief justice claimed, “There are people who went out of their way to disparage the decisions of the SC.” He particularly criticized those who attacked the judgments without actually reading them. Nonetheless, he was careful to clarify that the “propaganda war” attacked the judgments, not the justices themselves. Hopefully, everybody in the Philippines can keep that distinction in mind because it looks like the tensions between the court and presidency will remain for some time to come.

Comments Off on Updates from the region

Filed under Burma, corruption, elections, indonesia, Myanmar, Philippines

January 14, 2011 · 23:05

Updates from the Philippines

Two interesting stories came out today about the Philippine Supreme Court. First, a relative of those killed in the Vizconde 1991 claims Justice Antonio Carpio improperly lobbied his colleagues to acquit defendants Hubert Webb (and six others). Carpio, so the allegations state, is a close friend of the Webb family. However, the Supreme Court Spokesman Midas Marquez dismissed the allegations as lacking evidence. As the Decider once said, bring it on!

The more interesting question is whether these allegations will tarnish Carpio’s otherwise sterling reputation. According to Filipina journalist Marites Vitug’s Shadow of Doubt, the Supreme Court is no stranger to this type of nepotism and favoritism. Yet, Carpio also came across as one of the heros of the book. After being passed over for the chief justiceship last year (see my earlier article here), Carpio has become a leading voice within the dissenters – and as such often seen as the leader against the Court’s pro-Arroyo majority (I’m not claiming this is true, but I believe the perception exists). If there is any evidence Carpio lobbied on behalf of a man accused of mass murder, then that perception might change quickly.

 The second story is an update on the continuing standoff between judges and Aquino administration over the judicial budget. Apparently, the Department of Justice made just enough promises to forestall a nationwide protest that had been planned for this Monday. The dispute had centered on salaries and pensions. Still, the very fact that the judges have had to protest and negotiate for a budget raise does not speak well to judicial independence in the Philippines. So far, I have not heard anything about the judges making any compromises to pacify the administration, but this could certainly become a risk now that the Aquino administration knows how much the salary cuts upset the judges.

Comments Off on Updates from the Philippines

Filed under Philippines, Supreme Court

December 9, 2010 · 22:06

Updates from the region

It’s been an exciting week for courts in Southeast Asia. Here are some updates:

Indonesia: The continuing saga of the prosecutions of Bibit and Chandra, two framed KPK officials, has taken yet another turn. The new attorney general, Basrief Arief, suggested that he might not support a deponering (essentially a pre-trial pardon) after all. Fortunately, this might not be just another cynical twist in Jakarta’s wayang politics. Like a pardon, deponering would essentially leave the two KPK officials with the stigma of being suspects or criminals for life, whereas some legislators in President Yudhoyono’s Democratic Party urge them to fight in trial to clear their name.

Philippines: As I mentioned earlier this week, the Supreme Court struck down Aquino’s Executive Order No. 1, which would have established a Truth Commission to investigate allegations of corruptions in the prior administration. Already, some are calling for the impeachment of Chief Justice Corona, including apparently Aquino himself. However, the Supreme Court spokesperson publicly stated the justices sympathized with the administration’s anti-corruption drive. Meanwhile, judges have been protesting the lack of a budget increase for the judiciary, and the Supreme Court denies having instigated the protests.

Thailand: The Constitutional Court issued its second ruling in the Democrat Party case, again absolving the party and Prime Minister Abhisit. As with the last case, the justices held that the prosecution had failed to follow proper procedures and file the suit in a timely manner. While question will certainly be raised ver the court’s impartiality, Thais will also probably have to wonder how such blatant malpractice in the prosecutor’s office ever passed muster.

Stay tuned for more from the region…

Comments Off on Updates from the region

Filed under indonesia, Philippines, Thailand

December 8, 2010 · 00:25

Beginning to look a lot like political insurance…

According to PhilStar, in a 10-5 vote the Philippine Supreme Court has struck down the Aquino administration’s Executive Order No. 1. This act would have established a Truth Commission that would have investigated the alleged wrongdoings of former president Arroyo. The court claimed that only Congress has the authority to establish new government bodies. Yet, skeptics are already pointing out that all of the members in the majority were appointed by Arroyo. Of course, four of the dissenters were also appointed by Arroyo (Justice Sereno is Aquino’s only appointee), but those four had already developed a reputation for independence. This issue arises to some extent in U.S. law, although usually in the form of prohibiting excessive delegation from Congress to the executive. When I have a bit more time on my hands, I’ll try to read the full opinion and provide more thoughts.

Comments Off on Beginning to look a lot like political insurance…

Filed under Aquino, Philippines