DISCOURSES OF A FREE MIND: March 2015

WELCOME FELLOW ADVOCATES!

This is not a social networking site so don't expect for a slide show or any "cutie cutie" stuff!

The ultimate purpose of this blog is to examine and ventilate current political and legal issues (mostly constitutional issues) confronting our nation. Albeit, this blog appears to be radical and presents unorthodox views,the same should not be construed in favor of extra-constitutional measures to effect change in our society. The Constitution, being the supreme law of the land must at all times be respected. At any rate, the personal views expressed by the author reflect his own ideology, disposition and even frustration towards the present political system. Thus, he envisions a truly free society for the Filipino nation based on just laws, equality and human freedom.

The disquisitions on pertinent legal issues while not deemed authoritative, may be utilized as a guide in the search for a more deeper understanding on the rudiments of law and applicable jurisprudence. Since the ancillary purpose of this blog is to inform and even educate the general public on legal issues, the author intentionally omitted extensive citations for a lighter reading.

Happy reading...!

C.D.B.

Frequently used legal terminologies by the author

Constitution: The written instrument, by which the fundamental powers of government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.

Political Question: A question of policy. It is concerned with issues dependent upon the wisdom, not the legality (justiciable) of a particular measure.

Thus, while courts can determine questions of legality with respect to governmental action, they cannot review government policy and the wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legislative Departments.

Martial Law: A law that warns citizens that the military powers have been called upon by the executive to assist him in the maintenance of law and order and that, while the emergency lasts, they must, upon pain of arrest and punishment, not commit any acts which will in any way render more difficult the restoration of order and the Contra) Envisages a change of only enforcement of the law. [Mitra v. COMELEC, April 4, 1981; 101 SCRA 69.]

Amendment: An alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution.

Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole. (i.e., A switch from the presidential system to a parliamentary system would be a revision because of its over-all impact on the entire constitutional structure) [Javellana v. Executive Secretary, 50 SCRA 367. See also: Lambino v. COMELEC

Constituent Assembly: A body composed of men and women either elected or appointed officially empowered by the people through the Constitution to propose amendments to or revision of the Constitution. [Bernas, Joaquin G., A Living Constitution series]

Police Power: It is an inherent attribute of sovereignty. It has been defined as the power vested by the Constitution in the legislature to make, ordain, and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for the good and welfare of the commonwealth, and for the subjects of the same.

The power is plenary and its scope is vast and pervasive, reaching and justifying measures for public health, public safety, public morals, and the general welfare. (MMDA v. Bel-Air Village Asso., 328 SCRA 836, March 27, 2000)

12 LITTLE THINGS EVERY FILIPINO CAN DO TO HELP OUR COUNTRY (Atty.Alexander L.Lacson)

1) Follow traffic rules. Follow the law.
2) Whenever you buy or pay for anything, always ask for an official receipt.
3) Don’t buy smuggled goods. Buy local. Buy Filipino.(Or, if you read the book, he suggests: 50-50).
4) When you talk to others, especially foreigners speak positively about us and our country.
5) Respect your traffic officer, policeman and soldier.
6) Do not litter. Dispose your garbage properly. Segregate. Recycle. Conserve.
7) Support your church.
8)During election do you solemn duty.
9) Pay your employees well.
10) Pay your taxes.
11) Adopt a scholar or a poor child.
12) Be a good parent. Teach your kids to follow the law and love our country.

footnotes

"In all honesty, I have my own misgivings with the kind of education we have in this country. On personal note, I had my fair share of frustrations when I was taking up my bachelor’s degree in college. Most of my college professors I daresay were terrible and misfits to teach political science subjects, or even to teach any subject at all. At that time, I often succumbed to ennui knowing that in the near future I would end up as a perpetual bystander or worse, a mendicant roaming the streets begging for pittance. To remedy my predicament, I decided to simply disregard my classes and instead, I opted to do my own readings on selected political literatures and basic law textbooks. My constant readings motivated me to finish college and aspire that someday I may be able to take up law. Later, I graduated from that institution with a heavy heart and with extreme sadness knowing that my classmates and peers were in a state of confusion as to what lies ahead of them in the distant future.

My personal experience and misgivings towards our educational system is not an isolated one. Many of the so-called self-taught but "gifted" young people could actually relate to this situation..." [excerpt from my paper on youth empowerment]

DISCOURSES OF A FREE MIND

Thursday, March 12, 2015

The Sabah Claim

A bona fide member of:

David E.Kelley's "the practice"