Tag Archives: Politics

Bending the Law: The Legacy of Estelito Mendoza

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.

Duterte Impeachment – Timing is Everything

Nothing happens in the House of Representatives without the approval or support of the President. So when 215 of its members endorsed the 4th and last impeachment complaint against Vice President Sara Duterte – the largest ever number of endorsements for impeachment in the history of the House, you’d know that the Marcos administration has done its homework, chosen a plan and finally set the ball rolling.

The INC rally was supposed to be a show of force to persuade the Marcos-Romualdez bloc to maintain the status quo, but the recent SWS survey showing 41% of the public supporting the VP’s impeachment and the VP herself suffering a continuing decline to 52% trust rating was enough to convince the administration that it’s time to get it done and over with.

As it has always been in politics, timing is everything. Sending the articles of impeachment to the Senate days before Congress adjourns on Feb 8 puts pressure on Senators who are running for re-election. These Senators are not only up for re-election, but they are also perceived to be friendly to the Dutertes thus making them vulnerable: with considerable public support for the VP’s impeachment, it will be difficult to go on the campaign trail if they would be seen to be defending and voting against Sara Duterte’s removal from office. Also, the impeachment trial would take away their time from campaigning.

Additional pressure comes from the daunting prospects of going against a well-funded administration whose prospects of securing a continuation of the Marcos restoration depend on the results of the 2025 elections.

If all goes well, the Marcos-Romualdez bloc would see more compliant Senators coming in to conduct Sara Duterte’s impeachment trial and give a satisfactory verdict.

This would then give Marcos a chance to nominate his preferred VP – a tantalizing prize for those with ambitions come 2028 – Romualdez, Escudero, Poe.

Ultimately, the Dutertes once more are in the fight for their political survival.

Someone who does not find value in putting up classroom decorations clearly has no business being the Secretary of Education.

We need a new and better Senate

The May 9 elections are clearly the most important election in a generation or even perhaps my lifetime. Next to the choice for President, my line up for the Senate is a big and strong rejection of traditional politicians and celebrities that have dominated the chamber for so long.

It is a call for new perspectives, ideas, and brands of public service that we desperately need.

These men and women of diverse backgrounds, experience, expertise, and advocacies will breathe new life into an institution that plays a vital role in our democracy.

When the spare tire is better

In the aftermath of typhoon Ulysses that caused massive flooding in many parts of Luzon, the stellar efforts of Vice President Leni Robredo to help out calamity victims have been the talk of the town, so much so that the President dedicated a portion of his most recent TV appearance disparaging her for making it appear that she was in charge, not him.

Presidential mouthpiece Harry Roque even alluded to the term ‘spare tire’ in describing the Vice-President in a follow-up attack.

The actual term is ‘Presidential spare tire’ – a rarely used term and more commonly used by political commentators, lawyers, political scientists, and teachers of the subject Philippine Constitution in college.

It comes from the following provision of the 1987 Constitution:

SECTION 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Nowhere else in the Constitution can one find a more clear or distinct job description for the Vice-President. If he/she is not appointed to a Cabinet position, the Vice-President has literally nothing else to do except to wait to assume the presidency in case of the death, disability, or resignation of the incumbent President.

An excellent briefer on the Office of the Vice-President by Manuel Quezon III, tell of its colorful history, noteworthy is that the first Vice-President not appointed to any cabinet position was Diosdado Macapagal as he was from party different from the President’s.

Coming back to Vice-President Leni Robredo, she was once appointed to Cabinet as head of the Housing and Urban Development Coordinating Council back in July 2016. On December 4, 2016 she was informed not to attend all Cabinet meetings anymore which led to her resignation from the Cabinet the day after.

Since then, the Vice-President has been doing what she can with what little her office has from helping healthcare workers to get much-needed PPEs and transportation when the COVID-19 pandemic caused a severe lockdown in Luzon to the more recent rescue and relief efforts in the aftermath of typhoon Ulysses.

As I have said before:

Naturally and thankfully, the Vice-President has stepped up and shown what real leadership is.