Author: CJ Artemio Panganiban, Philippine Daily Inquirer

Why Barrett’s hearings are keenly watched

The rushed, marathon hearings in the United States (US) Senate to confirm the nomination made by US President Donald Trump of US Court of Appeals Judge Amy Coney Barrett, 48, as the ninth justice of the Supreme Court of the United States (Scotus) is keenly watched in the Philippines and elsewhere. By way of background, […]

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Encouraging reactions from SC, DOJ, and bar

Encouraging were the reactions to my last two columns on prosecutors and lawyers. On Oct. 4, I humbly proposed guidelines on how prosecutors could be deterred from “filing frivolous, reckless, malevolent, and politically-motivated charges.” Earlier, on Sept. 27, I wrote that the Supreme Court’s short shrift of facially baseless petitions would “differentiate shysters… from trustworthy […]

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Probable cause, De Lima, GMA, and Guevarra

To file a criminal case in court, all that the prosecutors of the Department of Justice (DOJ) need is to determine “probable cause,” which — according to jurisprudence — is “… a state of facts in the mind of the prosecutor as would lead a person of ordinary caution to believe, or entertain an honest […]

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Dismissed on short shrift

Brickbats, lots of them, were hurled when the Supreme Court dismissed outright the petition for mandamus in Taguiwalo v. Duque (Sept. 1, 2020) seeking to compel the government to conduct mass testing to detect COVID-19. Without asking for comment from the respondents, the Court en banc, voting 13-1-1, summarily ruled that “courts have no authority […]

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Searches at police checkpoints

How should police and military officers conduct, and how should the people regard, the checkpoints that are set up (especially during the current pandemic) to safeguard the security, safety, and health of citizens? The Supreme Court in People v. Sapla (Aug. 19, 2020, ably penned by Justice Alfredo Benjamin S. Caguioa)—featured in this space last […]

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SC’s resolute stand on warrantless arrests

I salute the Supreme Court for its resolute stand in favor of the constitutional “right of the people to be secure in their persons, houses, papers, and effects…” and for striking down with finality the police practice of conducting warrantless arrests and seizures on the basis solely of unverified “tips” from anonymous sources. The trial […]

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Yes, elevate ruling to UN but not now

To the question of whether we should elevate the arbitral ruling upholding our maritime rights to the United Nations General Assembly (UNGA) for enforcement, my answer is “Yes, but not now, not during this regime.” Why “Yes”? Because the UNGA is the best forum to help us enforce the ruling. Should the UNGA side with […]

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Sorting the good news from the sad

Amid the sad news dimming our horizon — like the worrying rise in the ABSOLUTE NUMBER of coronavirus infections, the shocking plunder of PhilHealth funds, the deadly Jolo blasts, and the President’s revelation of his doctors’ advice that his Barrett’s esophagus may worsen to Stage One cancer—I welcome some shiny good news, among them: First, […]

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Solving the SC’s heavy caseload

For a long time, even before I joined it in 1995, the Supreme Court has struggled in managing its heavy caseload. As early as 1989, barely two years after the ratification of the 1987 Constitution, the Court, in Francisco v. Permskul (May 12, 1989), already noted “the tremendous number of cases” filed amid the restored […]

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Fast-tracking the ATA petitions

The Supreme Court signaled its desire to fast-track the petitions assailing the constitutionality of the Anti-Terror Act (ATA) by setting the oral argument on the “third week of September at the earliest,” even as the 27th petition was filed only a few days ago. Truly, ATA may hold the record of having the most number […]

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