In Legal Terms
The Supreme Goes Digital
February 26, 2022
THE Philippine Supreme Court has gone digital. This historic decision to wittingly adapt to changes in this brave but altered world was initiated by the sitting Chief Justice of the Supreme Court, Alexander Gesmundo. A true public servant, Chief Justice Gesmundo is determined to dispense justice with digital speed by building electronic bridges to connect courts and litigants, thereby expediting the resolution of cases.
Getting Away with Murder
February 19, 2022
IS it possible for a person found guilty of killing another to be sentenced and then released on parole after serving only two months and one day behind bars? The answer is “yes.” It happened in 1946, in the case of People v Jaurigue.
After the Bar
February 12, 2022
LAST week the bar exams ended. What next? Those who will pass it will earn the right to be called an “attorney.” But such entitlement will not excuse a lawyer from espousing the 3 R’s.
Can There Be a Just War?
February 5, 2022
IF you think the threat of war in the Ukraine will not affect us — think again. World War 1 began in the Balkans and engulfed Europe. World War 2 started in Poland and involved the world.
A Killing Spree
January 29, 2022
THE crime of unlawful killing is as enduring as the soil and as old as the hills. What is murder and how do you distinguish it from homicide? Against popular belief, homicide does not mean a person was killed in his home, it means that a person was unlawfully killed under circumstances enumerated by law.
Treaties (Part 2)
January 15, 2022
EXCHANGE of Notes is an act, simply put, of exchanging agreements by the representatives of two or more States. In modern times, because of the internet, State Parties through their respective representatives, may enter into an agreement by the act of a proponent of sending a signed copy of the agreement to the other party through the internet and the other party may return it through the same route to the original sender with a signed attestation that the recipient’s government agrees to its terms and conditions and a statement that the signed reply is a confirmation of the agreement between the two State Parties.
Treaties (Part 1)
January 8, 2022
WASHINGTON Irving, the famous American author, wrote “The Legend of Sleepy Hollow,” which was about the misadventures of the lanky Ichabod Crane. Hardly anyone remembers that in 1809, Irving wrote about treaties. He said: “Treaties at best are complied with so long as an interest requires their fulfillment. Consequently, they are virtually binding on the weaker party only; or, in plain truth, they are not binding at all.”
To Inherit the Wind
January 1, 2022
SON of a gun. Along with another law professor from San Beda, 78-year-old Ambassador Amado Tolentino, I have been called names and cyber-libeled by Mr. Rigoberto Tiglao, a columnist in this same newspaper. His article, “Astonishing ignorance over our South China Sea disputes” (Dec. 6, 2021) was recently brought to my attention. He was reacting to my column, “The Philippine maritime zones” (Dec. 4, 2021), which I had written in preparation for two articles that were published in two parts last December 18 and Dec. 25, 2021, titled “Philippines vs China: The Hague ruling.”
PH vs. China: The Hague Ruling (Part 1)
December 18, 2021
CHINA and the Philippines are neighbors and have been trading with each other for centuries. Every time deep-sea archaeological digs are conducted, and remnants of a Chinese vessel are lifted from an undersea graveyard, thousands of Chinese porcelain plates, teacups, jars are recovered. Chinese porcelain trade ware have also been recovered from sunken Spanish galleons alongside guns, cannons, helmets, and various implements of war. In those days, the Chinese were concerned mainly with trade while the Spaniards focused on Christianization and conquest. It is with sadness, therefore, that we must resort to an international suit in The Hague to secure our rights under a Convention signed by both the Philippines and China on the same day.
Double Exposure
December 11, 2021
I DO not write about books penned by other people, but I will make an exception today. I refer to two books alliteratively entitled Laws for Life I and Laws for Life II co-authored by two women lawyers, Gianna R. Montinola and Ma. Victoria R. Hilado. The former is now the executive vice president of Far Eastern University. She earned her law degree from the Ateneo and a master’s degree from Harvard University. She obtained practical experience at the Quisumbing Torres Law Office.
The Philippine Maritime Zones
December 4, 2021
THE United Nations Convention of the Law of the Sea (Unclos III) established maritime zones. Unclos III was supposed to serve as the constitution of the oceans for the nations of the world who are signatories to the Convention.