Tag Archives: Law

Bam Aquino deserves credit for the Free College Tuition Law

Opinion, , , , , , ,

Bam Aquino hasn’t even been proclaimed as a Senator after garnering the 2nd most number of votes in the recent 2025 elections, the Duterte online propaganda machine has already made him a target.

In a scripted post that quickly spread on Facebook, Duterte partisans argue that credit for the free college tuition law or Universal Access to Quality Tertiary Education Act (RA 10931) should go to the incarcerated former President, as he was the one who signed it into law during his term.

While that little piece of history cannot be denied, it’s important to bear in mind the following:

First, if Senators and members of the House of Representatives would stop doing their job, which is to legislate or craft new laws, then the President would have nothing to sign into law. It was Bam Aquino in the Senate and Sarah Elago when she was Kabataan partylist’s representative in the Lower House who led the legislative work that went into RA 10931.

Second, it would be helpful to recall Sec. 27, Art. VI of the 1987 Constitution.

It’s the President’s duty to sign into law bills passed by Congress. If he doesn’t agree with an enrolled bill, he can veto it and return it to the chamber from which it originated, along with his explanation for the veto.

The President can even refuse to actually sign an enrolled bill and just let it sit on his desk, pretending it’s not even there,e and it would automatically lapse into law after thirty days.

The Constitution gives Congress the power and duty to legislate with little participation from the President. This implies that in our democratic setup, collaboration between the Legislature and the Executive is required.

To say that credit should only be given to the incarcerated Duterte for the Free College Tuition law shows that one does not understand our legislative process or if they are deliberately ignoring it, means they have malicious intent in doing so.

Bending the Law: The Legacy of Estelito Mendoza

Opinion, , , , , , ,

At the age of 95, the so-called “Lawyer of last resort”, Estelito Mendoza, passed away today, March 26, 2025. While many will herald him as one of the titans of the Philippine legal landscape, we must not forget the roles he played during the dictatorship of Ferdinand Marcos Sr.

As Minister of Justice and Solicitor General during the period of Martial Law, Mendoza was key to giving legal clothing to the Marcos dictatorship – using the law to silence dissent, sweep away democratic institutions, and kept political prisoners deprived of liberty.

The infamous case of Javellana v. Executive Secretary, Mendoza justified the legality of Martial Law and the indefinite suspension of civil liberties.

Even after the fall of the Marcos dictatorship, Mendoza continued providing legal services to the many cronies who enabled and benefitted from ill-gotten wealth: Imelda Marcos, Lucio Tan, Roberto Ongpin, and Danding Cojuangco.

Mendoza served as chief counsel for Joseph Estrada during his impeachment trial.

He went to score legal victories for accused plunderers:

Gloria Macapagal-Arroyo was acquitted of plunder in the PCSO fund scam

Jaime Dichaves, the self-confessed owner of the Jose Velarde accounts, was acquitted of plunder charges.

Bong Revilla who was implicated in the pork barrel scam of Janet Lim-Napoles, also got acquitted.

Juan Ponce-Enrile, former Defense chief and one of the architects of Martial Law, was granted bail thanks to Mendoza.

When the Supreme Court decided in favor of Gloria Macapagal-Arroyo’s appointment of Renato Corona as Chief Justice, ruling that the ban on midnight appointments did not cover it, it was Mendoza’s arguments that formed the basis for that decision.

This is Estelito Mendoza’s legacy: bending the law to benefit his clients, regardless of precedents or its spirit.

Concerned Online Citizens vs Executive Secretary et al.

Asides, , , , , , , ,

Last July 29, 2020, Concerned Online Citizens – social media personalities, bloggers, artists, professionals even students who use the internet and social media to speak on issues of public concern in filed a petition to strike down as unconstitutional the Anti-Terror Law.

  • Let’s fight for our rights both online and offline
  • The Bill of Rights should apply everywhere, including the internet
  • Free expression should be protected across frontiers and the media we use
  • There should be no threats and no terrorist-tagging of citizens expressing themselves online and offline
  • 73 million online Filipinos should be protected
  • The people should not be afraid of government. The government should be afraid of its people.
  • Cybercrime Law noon, terror law ngayon
  • Kung walang ginagawang mali, bakit takot ang gobyerno sa placards at Facebook posts

I am humbled and privileged to join some of the biggest names on social media today:
@macoydubs1

@SexbombGurl

@robcham

@victoryliner

@thysz

@markgeronimo_

@ka_bino

@PinoyAkoBlog

@darnitJC

@mongster

@leanporquia

@Punongbayan_

@albertraqueno

@blogie

@TheRainBro

@giasison

& Aling Marie

Below is a fully copy of our petition.

We wish we could have added more, however time & the restrictions of the on-going community quarantine have prevented us from doing so.

Follow & interact with all of each of us, we are eager to hear from you as well especially if you have experienced harassment or being attacked online for speaking up. Together, we will defend and fight for our rights be online or offline.

LIFE Hacks with Atty Chel Diokno

Asides, , , , , , , ,

It’s been a tiring, busy yet very fulfilling week as together with good friends and colleagues, we’ve launched the first installment of our ‘LIFE Hacks‘ series of webinars last June 27, 2020.

Our keynote speaker is none other than the venerable human rights defender, nationalist and founding Dean of De La Salle University’s College of Law, Atty Chel Dionko in which he talked about the Anti-Terrorism Bill and the recent cyber-libel conviction against veteran journalist Maria Ressa.

The webinar series is the inaugural project for our little volunteer group Lasallian Initiative for Empowerment or LIFE. Our mission is to help our fellow Filipinos, especially the youth, to better understand current issues and take part in the national conversation.

Despite the speed bumps and misses, we were surprised that the event exceeded most of our expectations given that we only had almost a week to put it all together. It was also my first foray into moderating or hosting a webinar and the experience has been a humbling and inspiring learning experience for me.

Apart from managing the logistics of the webinar and hosting it, I also handled the technical production – learning how to use and setup OBS Studio to jazz up our zoom webinar the night before and live streaming the event on our Facebook page. All those years of tinkering with computers, sound mixers and DIY-community theater really helped a lot.

We’re now working on our next event which would be a lot smoother and better thanks to all the valuable lessons we learned from the pilot episode. I’ll be talking more about this soon in the coming days.

If you’re one of those who joined our first ‘LIFE Hacks’ thank you from the bottom of our hearts. We look forward to seeing you in the next installment soon!

Quo Warranto petition against ABS-CBN – merits & warts

Daily dose, , , , , , ,

As I have posted on Facebook a few days ago, it was quite surprising that to have found some merit in the the quo warranto petition filed by Solicitor-Genral Jose Calida against ABS-CBN last February 10 at the Supreme Court.

Before I continue, a few clarifications: I have always criticized the Duterte administration for its patently-wrong war against drugs, to glaring hints of corruption, incompetence, unacceptable pivot to China and its many anti-poor policies. However, it’s important to keep an open mind and after reading the quo warranto petition, there are some valid, and to my mind are quite simple, points that the Solicitor-General has raised:

Number 1: Offering the digital pay-per-view TV channel Kapamilya Box Office (KBO) using a free-to-air frequency. In the petition, the OSG gave as basis orders, yes there were two: dated April 29, 2015 and May 14, 2019, from the National Telecommunications Commission that told ABS-CBN to “refrain from offering any pay television service” as there are still no established guidelines for it.

To date, ABS-CBN still operates KBO channel which is accessible via its own digital set-top box called ABS-CBN TV Plus. On top of this, which is another violation as per the OSG, the KBO channel can only be accessed by first buying the set-top box and then paying a subscription fee.

Number 2: Transferring the legislative franchise of Multi-Media Telephony, Inc which came under ABS-CBN ownership through a series of acquisitions to become ABS-CBN Converge without prior approval of Congress in violation of the very same franchise.

The other points in the petition belong to the realm of corporate law: ABS-CBN Converge’s failure to offer a percentage of its stock to the public as required by its legislative franchise and lastly, its use of PDRs or Philippine Depository Receipts in order to raise funding from foreign entities which the OSG claims as violative of the Philippine constitution, I leave to the capable hands of the more learned.

Because of all these allegations, the Solicitor-General is asking the Supreme Court to stop ABS-CBN from offering its KBO channel and to cancel its legislative franchise which could take the media giant off the Philippine airwaves.

Full text of the quo warranto petition:

However valid these points are, it’s hard to accept that the Solicitor-General’s petition was done in the noble pursuit of justice and fulfillment of his sacred duty. Before the petition, President Duterte has been launching tirades against ABS-CBN as he holds a grudge against the network for not airing his campaign ads back when he still a Presidential candidate in 2016. Not only did he offer the unsolicited advise to the Lopezes, which owns the ABS-CBN, to just sell the network, he has publicly stated that he will see to it that it gets shut down. ABS-CBN’s legislative franchise set to expire on March 30, 2020 and with Congress deciding to take its sweet time on granting it a renewal, much of the on going debate has focused on whether or not this Duterte words will become reality.

For his part, Solicitor-General Jose Calida has made a name of using his office to go after those who get the ire of the President: online news outfit Rappler and its founder Maria Ressa are facing lawsuits instigated by him and the most recent was former Chief Justice Maria Lourdes Sereno – removed from office by way of a quo warranto petition, again by Calida.

So the petition is also an issue of press freedom as much as it is about the rule of law in our land. Much more about this in a follow up post.