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Showing posts from August, 2010

Mayor Insensitive

Emotions are still running high after the botched hostage rescue attempt in Manila that involved the death of 8 Hong Kong nationals . In yet another sign of insensitivity to the grieving families, Mayor Alfredo Lim declared the Manila police as " heroes ." This statement comes after denying that he had ordered the arrest of Rolando Mendoza's brother Senior Police Officer Gregorio Mendoza. The arrest allegedly infuriated the hostage-taker and drove him into a killing spree. Lim contradicted Congressional testimony offered by Chief Superintendent Rodolfo Magtibay. To date, no one is claiming responsibility for ordering the arrest. Of course the police did their best under the circumstances. There is no denying the fact, however, that the police exercise was botched. The world witnessed it how our ill-prepared police officers ended the crisis with the death of eight tourists. I will not presume to know how the people of Hong Kong feel about the situation. I can imagine what...

Seeking redress from Japanese Courts

I just finished an article by Nobue Suzuki entitled Outlawed Children: Japanese Filipino Children, Legal Defiance and Ambivalent Citizenships (Pacific Affairs, Volume 83, Number 1, March 2010, pp. 31-50) which chronicled the legal battle waged by children born of Japanese men and Filipino women to acquire Japanese citizenship. Japanese law restricted citizenship in these cases only if the father acknowledged paternity before the child is born or if the parents were to marry . In 2008, the Supreme Court of Japan declared this law unconstitutional for being discriminatory. Suzuki writes that this is only the 7th time in its history that the Court had declared a law unconstitutional. I am amazed that the Court demonstrated a willingness to strike down a decades-old law to right what they perceived to be a wrong foisted upon innocents. It stands in contrast to the plight of comfort women in the Philippines who were recently told by the Supreme Court of the Philippines that they " appe...

Justice Lourdes Sereno

Selecting a Supreme Court Justice is an important and delicate task. Many lawyers are undoubtedly up to the task. Of late they have come with impeccable academic credentials, advanced degrees, prior judicial experience, teaching experience (especially abroad), or a list of scholarly publications. With an increasingly homogeneous pool of nominees, the trick for the President is to determine who should be appointed. Is there something different about a candidate that stands out? Is there something in this mass of data that suggests how a potential Justice will conduct herself if appointed? There was perhaps one bit of information that could have caught the President Aquino's attention when he was examining the latest list submitted by the JBC. When Chief Justice Renato Corona was appointed Chief Justice towards the end of President Gloria Arroyo's term, there was a genuine issue as to whether the President was then covered by a constitutional ban against "midnight appointmen...