18 October 2011

[LEGAL NOTES] Upholding the rule of law or the rule of men? (On the SC recall of its FASAP decision)

It has been said that the Supreme Court is the last bulwark of constitutional rights and liberties. But, what happens when the Supreme Court itself transgresses these very rights that it is duty-bound to protect?
The Supreme Court is vested with the power to protect the constitutionally guaranteed rights of the citizens and provide a redress of wrongs for violations of such rights.  However, the recent decision of the Supreme Court to recall the final and executory judgment in the case between the Flight Attendants and Stewards Association of the Philippines (FASAP) and the Philippine Airlines (PAL) has placed the integrity of the High Court in question. 

12 July 2011

[LEGAL NOTES] Void or valid?: The legal acrobatics of the Supreme Court decision on Hacienda Luisita

Decision or Confusion?

In its decision dated July 5, 2011, the Supreme Court affirmed the resolution of the Presidential Agrarian Reform Council (PARC) revoking the Stock Distribution Plan (SDP) of the Hacienda Luisita Inc. (HLI). At first glance, it may seem that the decision is a victory for the farmers. However, a close reading of the lengthy decision will show that it leaves much to be desired.

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