Prof. Tony La Viña: Martial law, right or wrong: depends on how it is implemented Martial law, right or wrong: depends on how it is implemented  In his column Eagle Eyes (30 May 2017), Professor Tony La Viña ponders on the rightness of Proclamation No. 216 dated 23 May 2017 issued by President Duterte. Along with Chief Justice Maria Lourdes Sereno, the writer offers the opinion: “It depends.” The Proclamation declares a state of martial law and the suspension of the writ of habeas corpus throughout Mindanao. La Viña writes that although he does not see sufficient factual basis for…

Prof. Florin Hilbay: Trojan Horse in the West Philippine Sea Professor Florin T. Hilbay cautioned against the “Trojan horse in the West Philippine Sea” in his commentary in the Philippine Daily Inquirer of 30 May 2017. The former Solicitor General was referring to the revival of an old proposal during the Macapagal-Arroyo administration, to hold “joint seismic marine undertaking[s] between the Philippines, China, and Vietnam… as a model for cooperation” in the region. Prof Hilbay argues that while this may have had plausible justification in the past, “joint exploration and development are [now] incompatible with the Constitution” post-arbitral decision in…

Prof. Dante Gatmaytan: “Ignoring Constitutional Checks for Emergency Rule” As the declaration of Martial Law over Mindanao reached its third week in effect, Prof. Dante Gatmaytan released the article “Ignoring Constitutional Checks for Emergency Rule” in the Blog of the International Journal of Constitutional Law. Prof. Gatmaytan elucidates on the grounds on which the said declaration could be questioned, particularly on the Congress’ inaction to critically assess the situation in Marawi City, as well as the possible engagement of the Supreme Court in this issue. “The constitutional strictures seem effective only if constitutional players recognize them,” he writes. The full…