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Showing posts from February, 2013

Citizen Chip

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My son Daniel (or Chip) has a school project that is attracting a lot of attention. He is campaigning for a law to ban the sale of softdrinks in all schools all the way to high school. The project has reached the halls of Congress. Last year, bills were filed in both Houses of Congress and even some sanggunians . While most of the reaction is positive not everyone is happy about his project. There are insinuations that this is a scheme to make Chip popular or that we are using him to advance our own political agenda. Multiple Intelligence International School has a project called “Kid’s Can” where they think of ways kids can make a difference in the world.   So when he was in the first grade we asked him what he wanted to do for the project. At first he said he wanted to stop people from smoking. My wife and I thought that project might be too difficult for a first grader. So we asked him if there was anything else he wanted to work on. He said he wanted to stop kids from d

Curious DoJ warning

There is a curious statement from the Department of Justice on the local government resistance to open-pit mining.  Secretary Leila de Lima recently warned officials local officials that they could face administrative charges for their refusal to allow large-scale mining operations that use open-pit mining techniques.   De Lima said:  “Whenever we issue one [opinion] on any legal issue or concern referred to us, we deem our views expressed therein as having strong persuasive effect especially among government functionaries and, as such, we are entitled to respect." The Secretary’s statement is incomplete and misleading. The principle she is citing is not directed at all government functionaries, but rather at courts to guide them when they engage in the interpretation of laws.  The Supreme Court has held that statutory interpretations of executive bodies (like the Department of Justice) “do not hold decisive sway upon the judiciary but are merely persua

Our unimaginable loss

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The UP College of Law lost two of its pillars recently.  Professors Araceli Baviera and Domingo Disini, Jr. passed away.  Both were revered as mentors and colleagues who taught generations of law students. They were both my Professors but they taught me the important lessons as their colleague in the faculty.   Prof. Baviera would walk into the faculty reading room at the first floor of the library, with Giov the security guard by her side.   He had been handed a small piece of paper with citations for the Supreme Court decisions.   Giov would proceed to pull the volumes of SCRA off the shelves and put them in a pile next to her.   It would be a pile of books so high it towered a few inches above our heads.   Sometimes there were two shorter piles of books.   Prof. Baviera would then take each volume and read the decisions of the Supreme Court, taking down notes in her yellow pad.     I had that rare privilege of sitting across Prof. Baviera and watch a lady who twice