[OPINION] Filipinos exploring Benham Rise region for years JANUARY 24, 2018 (Reproduced from https://rappler.com/voices/thought-leaders/benham-rise-exploration-filipinos) JAY L. BATONGBACAL This government’s claim that the Philippines cannot explore Benham Rise without China is a total sham meant to disempower and demean Filipinos and their capacity and capability as a people In the first place, Filipinos have been exploring the Benham Rise Region for years now. From 2004 to 2008, then again in 2010, the National Mapping and Resource Information Authority of the Department of Environment and Natural Resources (DENR) sent BRP Hydrographer Presbitero on multiple bathymetric and hydrographic surveys of the Benham Rise Region.…

Prof. JJ Disini: Is Cyber Libel a continuing crime? Professor JJ Disini of the UP College of Law,  a Cybercrime Law expert, believes that such a view would prove dangerous for media. Prof. Disini is Rappler’s lawyer in the libel Complaint filed by businessman Wilfredo Keng, who was the subject of an investigative report published in May 2012 by the news site. The Complaint avers that notwithstanding the date of publication, libel has been committed. On the theory of continuous publication, Professor Disini argues that "If the theory is that a libelous article published in the past, continues to be accessible today, and that such…

Prof. Jay Batongbacal: "We are not a nation of beggars" In response to the statements released by the Presidential Spokesperson Harry Roque on qualifying China over the Philippines as being able to do research on Benham Rise, the Institute for Maritime Affairs and Law of the Sea director Prof. Jay Batongbacal retorted in a Facebook post how the statement disempowers the capacity and work of Filipino scientists. The professor said, "The limitations upon Philippine Marine Science capacities and capabilities is not so much a matter of poverty as it is a matter of priorities," while citing previous research done by…

Professor Sol Mawis on SEC-Rappler Ruling: Bill of Rights in jeopardy? Prof. Sol Mawis suggests that a ‘curing period’ should have been allowed Rappler in order to take corrective measures in the agreement with its foreign investor Omidyar Network. Recently, SEC revoked the on-line news site’s license to operate, saying that the terms of agreement between the two entities violated the constitutional rule that media companies should have 0% foreign control. Prof. Mawis’s opinion was sought in an article on “How SEC's Rappler decision is a test case for press freedom.” She cited a landmark ruling of the Supreme Court penned by Justice Carpio, holding…

Prof. Florin Hilbay: Martial Law in time of 1987 Constitution Martial Law in time of 1987 Constitution: in the absence of a theater of war, there’s no need to impose Martial Law; only military force may be exercised. Professor Florin Hilbay, immediate past Solicitor General, argued before the Supreme Court against the extension of Martial Law in Mindanao, during oral hearings on 16 January 2018. He maintained that it is the constitutional duty of the Supreme Court to reassess the factual basis of the declaration of Martial Law in Mindanao, given that the objective of liberating Marawi City had been achieved last October, as declared…

Professor Tony La Viña: Constituent Assembly interpreted under 1987 Constitution Constituent Assembly interpreted under 1987 Constitution When sought for his comments on House Speaker Pantaleon Alvarez’s plan to convene the House of Representatives – without the Senate – as a Constituent Assembly for Charter Change, Professor Tony La Viña observed that “it does not pass any kind of legal, policy, constitutional, or even logical test.” He explained that “the only way a Constituent Assembly can be convened is if there is a joint resolution by both Houses or, without a Senate resolution the House can convene and tackle constitutional amendments…