Gorgonio, Jr. (Jon) Elarmo | Adamson University (original) (raw)
Papers by Gorgonio, Jr. (Jon) Elarmo
For the Philippines to learn about the American Constitution and its approach to federalism is an... more For the Philippines to learn about the American Constitution and its approach to federalism is an opportunity for self-assessment. It will be helpful to take a careful and critical look at the American federal system as interpreted by the US Supreme Court as it will not only give us an idea of the promise and problems of federalism, it will also enrich our understanding of our present unitary system’s strengths and weaknesses so that we can take the appropriate steps to improve our system of government.
Somalia in 1992. Haiti in 1994. Bosnia and Herzegovina in 1995. East Timor and Kosovo in 1999. Su... more Somalia in 1992. Haiti in 1994. Bosnia and Herzegovina in 1995. East Timor and Kosovo in 1999. Sudan in 2006. Libya and Cote d'Ivoire in 2011. The South Central African Republic in 2013. And most recently, Syria. Recent global history shows the grave sufferings of vulnerable people and the mass atrocities committed against them, usually by their very own State. Either the Security Council authorized or did not authorize forcible action against the target States. But the collective action of the States, through the Security Council, and the unilateral decision of a State or group of States were interventions taken to address the situation. The interplay of State sovereignty and human rights was brought to the fore. In this connection, this paper looks at the concept of humanitarian intervention, its legality, its transformation from a contested right to an emerging norm of individual and collective State responsibility to protect, and the continuing challenge to the community of nations to promote the twin aspirations of peace and justice for humanity.
Local autonomy is basically decentralization. Powers and functions are systematically transferred... more Local autonomy is basically decentralization. Powers and functions are systematically transferred from the national government to the component local government units to enhance the responsiveness and reinforce the accountability of government. However, for local autonomy to be truly meaningful, decentralization of powers and functions should be accompanied by fiscal autonomy and by democracy enhancing mechanisms.
Federalism as an issue of sovereignty necessarily involves the people, the source of both federal... more Federalism as an issue of sovereignty necessarily involves the people, the source of both federal and state sovereignty. And the “people” is a collective of persons, each of whom is a bearer of rights. In this connection, the person is a right-bearer because of his or her inherent dignity. How can that dignity be fully recognized as a fundamental constitutional value and, more importantly, as a foundational right in the Philippine constitutional order? One may find inspiration and illumination in answering that question from the Basic Law of the Federal Republic of Germany.
As the product of the people’s sovereign creative act, the Constitution constitutes a government ... more As the product of the people’s sovereign creative act, the Constitution constitutes a government that shall embody the ideals and aspirations of the people and promote the common good. And a democratic government's ideal and standard is good governance which is sought to be achieved by taking positive and effective measures against graft and corruption. In this connection, changes in the Constitution should improve the structure of the government to make it more responsive to the needs of the people in these challenging climes and times. Such changes should promote better governance and public accountability, strengthen the democratic institutions, secure the better enjoyment of individual liberties, and ensure a more meaningful people’s participation in public affairs. Only then can the Constitution be a Constitution of the people, by the people, and for the people.
The Constitution allows the imposition of the death penalty for heinous crimes, but the Philippin... more The Constitution allows the imposition of the death penalty for heinous crimes, but the Philippines is a State party to the Second Optional Protocol to the International Covenant on Civil and Political Rights where it undertakes to “take all necessary measures to abolish the death penalty within its jurisdiction.” This situation gives rise to several legal concerns. The paper raises those issues.
Rights of the individual are ends in themselves and should not be treated as means to attain ends... more Rights of the individual are ends in themselves and should not be treated as means to attain ends of the State. Human rights inhere in a person by virtue of his humanity and dignity. Under the Philippine Constitution, no national emergency negates, diminishes, or suspends human rights. Under the Philippines' international obligations, there are non-derogable rights, rights that require recognition and protection even in times of national emergency.
This reflection paper looks at the Spanish judicial system in an attempt to find insights and ins... more This reflection paper looks at the Spanish judicial system in an attempt to find insights and inspirations from it that may be useful in the planned project of revising the Philippine Constitution. This is important in view of the vital role of an independent Judiciary in ensuring an effective system of checks and balance among the three great branches of government, and in protecting the freedoms and liberties of the people.
This reflection paper looks at one of the floating proposals for a shift to a federal-parliamenta... more This reflection paper looks at one of the floating proposals for a shift to a federal-parliamentary system. It maintains that, as the Constitution is the collective voice of the people, any proposal to change the basic law should promote better governance and public accountability, strengthen democratic institutions for a stronger protection of individual rights, and facilitate a more meaningful people's participation in public affairs.
This is a reflection paper on Fr. Eliseo Mercado's lecture on the various stages of the Philippin... more This is a reflection paper on Fr. Eliseo Mercado's lecture on the various stages of the Philippine experience on Moro Autonomy.
This reflection paper on the Swiss Constitution looks at provisions of the Swiss Constitution tha... more This reflection paper on the Swiss Constitution looks at provisions of the Swiss Constitution that the Philippines may find useful as it embarks on its intended project of constitutional revision. As such, this study focuses on aspects that may be significant for a Philippine federal system of government.
This reflection paper on Prof. Yash Ghai's Comparative Theory and Kenya's Devolution looks at the... more This reflection paper on Prof. Yash Ghai's Comparative Theory and Kenya's Devolution looks at the centralized Philippine national government and its shortcomings, explores the perceived promise of federalism, and identifies lessons that the Philippines may derive from the perspective of comparative federalism.
This reflection paper on Luis Moreno Fernandez' paper Scotland and Catalonia: The Right to Self-g... more This reflection paper on Luis Moreno Fernandez' paper Scotland and Catalonia: The Right to Self-government inquires into the lessons that the Philippines may learn from the Scottish movement for autonomy. It proceeds from the perspective of democracy as the internal aspect of self-determination
Manila Standard Today, Feb 18, 2014
The intersections of love and the law is an interesting study. Written as a Valentine's piece.
Manila Standard Today, Feb 4, 2014
The Constitution is the Constitution of "We, the sovereign Filipino people". Our generation is no... more The Constitution is the Constitution of "We, the sovereign Filipino people". Our generation is not a passive recipient of the fundamental law. We have the right and duty to help preserve and promote the democratic authority of the Constitution in changing times. Because the Constitution is our law.
Manila Standard Today, Jan 26, 2014
Corruption, the reign of greed, is not possible in the midst of a righteous and honest citizenry.... more Corruption, the reign of greed, is not possible in the midst of a righteous and honest citizenry. This thesis of Rizal rings true in our time.
Everyman, Manila Standard Today, Jun 10, 2013
In the exercise of its power and duty of judicial review, the Philippine Supreme Court articulate... more In the exercise of its power and duty of judicial review, the Philippine Supreme Court articulates the values and principles of Philippine society, ensures proper separation of powers, and protects the rights of the individual. It is the conscience of the people.
The Lawyers Review, vol. XXII, No. 12, Dec 31, 2009
Republic Act No. 8491, otherwise known as the Flag and Heraldic Code of the Philippines, provides... more Republic Act No. 8491, otherwise known as the Flag and Heraldic Code of the Philippines, provides for the manner of singing the Philippine National Anthem and penalizes non-compliance. This has serious implications on the individual's freedom to speak.
Everyman, Manila Standard Today, Mar 31, 2013
Law, as a system of rules, should not only help preserve order in society. More importantly, it o... more Law, as a system of rules, should not only help preserve order in society. More importantly, it ought to promote justice, empower the marginalized sectors of society and protect their interests.
Everyman, Manila Standard Today, May 8, 2012
Last Sunday, the Ombudsman's order for the Chief Justice to answer three complaints against him f... more Last Sunday, the Ombudsman's order for the Chief Justice to answer three complaints against him for alleged accumulation of wealth purported to be disproportionate to his salary and other lawful income was all over the news. As expected, it attracted public attention. The Ombudsman's order and the manner of its publication have been viewed as part of the renewed and continuing impeachment offensive against the Chief Justice. It was not simply meant to fan the embers of public interest in the proceedings. It was supposed to make the institutional weight of the Office of the Ombudsman bear upon and influence the members of the impeachment court by influencing public opinion. For one, the timing is highly suspect. It was made a week before the resumption of the impeachment proceedings. Another thing, the complainants are closely identified with the prosecution panel. Moreover, the subject matter of the complaints are similar to or closely connected with the charges presented in the impeachment court.
For the Philippines to learn about the American Constitution and its approach to federalism is an... more For the Philippines to learn about the American Constitution and its approach to federalism is an opportunity for self-assessment. It will be helpful to take a careful and critical look at the American federal system as interpreted by the US Supreme Court as it will not only give us an idea of the promise and problems of federalism, it will also enrich our understanding of our present unitary system’s strengths and weaknesses so that we can take the appropriate steps to improve our system of government.
Somalia in 1992. Haiti in 1994. Bosnia and Herzegovina in 1995. East Timor and Kosovo in 1999. Su... more Somalia in 1992. Haiti in 1994. Bosnia and Herzegovina in 1995. East Timor and Kosovo in 1999. Sudan in 2006. Libya and Cote d'Ivoire in 2011. The South Central African Republic in 2013. And most recently, Syria. Recent global history shows the grave sufferings of vulnerable people and the mass atrocities committed against them, usually by their very own State. Either the Security Council authorized or did not authorize forcible action against the target States. But the collective action of the States, through the Security Council, and the unilateral decision of a State or group of States were interventions taken to address the situation. The interplay of State sovereignty and human rights was brought to the fore. In this connection, this paper looks at the concept of humanitarian intervention, its legality, its transformation from a contested right to an emerging norm of individual and collective State responsibility to protect, and the continuing challenge to the community of nations to promote the twin aspirations of peace and justice for humanity.
Local autonomy is basically decentralization. Powers and functions are systematically transferred... more Local autonomy is basically decentralization. Powers and functions are systematically transferred from the national government to the component local government units to enhance the responsiveness and reinforce the accountability of government. However, for local autonomy to be truly meaningful, decentralization of powers and functions should be accompanied by fiscal autonomy and by democracy enhancing mechanisms.
Federalism as an issue of sovereignty necessarily involves the people, the source of both federal... more Federalism as an issue of sovereignty necessarily involves the people, the source of both federal and state sovereignty. And the “people” is a collective of persons, each of whom is a bearer of rights. In this connection, the person is a right-bearer because of his or her inherent dignity. How can that dignity be fully recognized as a fundamental constitutional value and, more importantly, as a foundational right in the Philippine constitutional order? One may find inspiration and illumination in answering that question from the Basic Law of the Federal Republic of Germany.
As the product of the people’s sovereign creative act, the Constitution constitutes a government ... more As the product of the people’s sovereign creative act, the Constitution constitutes a government that shall embody the ideals and aspirations of the people and promote the common good. And a democratic government's ideal and standard is good governance which is sought to be achieved by taking positive and effective measures against graft and corruption. In this connection, changes in the Constitution should improve the structure of the government to make it more responsive to the needs of the people in these challenging climes and times. Such changes should promote better governance and public accountability, strengthen the democratic institutions, secure the better enjoyment of individual liberties, and ensure a more meaningful people’s participation in public affairs. Only then can the Constitution be a Constitution of the people, by the people, and for the people.
The Constitution allows the imposition of the death penalty for heinous crimes, but the Philippin... more The Constitution allows the imposition of the death penalty for heinous crimes, but the Philippines is a State party to the Second Optional Protocol to the International Covenant on Civil and Political Rights where it undertakes to “take all necessary measures to abolish the death penalty within its jurisdiction.” This situation gives rise to several legal concerns. The paper raises those issues.
Rights of the individual are ends in themselves and should not be treated as means to attain ends... more Rights of the individual are ends in themselves and should not be treated as means to attain ends of the State. Human rights inhere in a person by virtue of his humanity and dignity. Under the Philippine Constitution, no national emergency negates, diminishes, or suspends human rights. Under the Philippines' international obligations, there are non-derogable rights, rights that require recognition and protection even in times of national emergency.
This reflection paper looks at the Spanish judicial system in an attempt to find insights and ins... more This reflection paper looks at the Spanish judicial system in an attempt to find insights and inspirations from it that may be useful in the planned project of revising the Philippine Constitution. This is important in view of the vital role of an independent Judiciary in ensuring an effective system of checks and balance among the three great branches of government, and in protecting the freedoms and liberties of the people.
This reflection paper looks at one of the floating proposals for a shift to a federal-parliamenta... more This reflection paper looks at one of the floating proposals for a shift to a federal-parliamentary system. It maintains that, as the Constitution is the collective voice of the people, any proposal to change the basic law should promote better governance and public accountability, strengthen democratic institutions for a stronger protection of individual rights, and facilitate a more meaningful people's participation in public affairs.
This is a reflection paper on Fr. Eliseo Mercado's lecture on the various stages of the Philippin... more This is a reflection paper on Fr. Eliseo Mercado's lecture on the various stages of the Philippine experience on Moro Autonomy.
This reflection paper on the Swiss Constitution looks at provisions of the Swiss Constitution tha... more This reflection paper on the Swiss Constitution looks at provisions of the Swiss Constitution that the Philippines may find useful as it embarks on its intended project of constitutional revision. As such, this study focuses on aspects that may be significant for a Philippine federal system of government.
This reflection paper on Prof. Yash Ghai's Comparative Theory and Kenya's Devolution looks at the... more This reflection paper on Prof. Yash Ghai's Comparative Theory and Kenya's Devolution looks at the centralized Philippine national government and its shortcomings, explores the perceived promise of federalism, and identifies lessons that the Philippines may derive from the perspective of comparative federalism.
This reflection paper on Luis Moreno Fernandez' paper Scotland and Catalonia: The Right to Self-g... more This reflection paper on Luis Moreno Fernandez' paper Scotland and Catalonia: The Right to Self-government inquires into the lessons that the Philippines may learn from the Scottish movement for autonomy. It proceeds from the perspective of democracy as the internal aspect of self-determination
Manila Standard Today, Feb 18, 2014
The intersections of love and the law is an interesting study. Written as a Valentine's piece.
Manila Standard Today, Feb 4, 2014
The Constitution is the Constitution of "We, the sovereign Filipino people". Our generation is no... more The Constitution is the Constitution of "We, the sovereign Filipino people". Our generation is not a passive recipient of the fundamental law. We have the right and duty to help preserve and promote the democratic authority of the Constitution in changing times. Because the Constitution is our law.
Manila Standard Today, Jan 26, 2014
Corruption, the reign of greed, is not possible in the midst of a righteous and honest citizenry.... more Corruption, the reign of greed, is not possible in the midst of a righteous and honest citizenry. This thesis of Rizal rings true in our time.
Everyman, Manila Standard Today, Jun 10, 2013
In the exercise of its power and duty of judicial review, the Philippine Supreme Court articulate... more In the exercise of its power and duty of judicial review, the Philippine Supreme Court articulates the values and principles of Philippine society, ensures proper separation of powers, and protects the rights of the individual. It is the conscience of the people.
The Lawyers Review, vol. XXII, No. 12, Dec 31, 2009
Republic Act No. 8491, otherwise known as the Flag and Heraldic Code of the Philippines, provides... more Republic Act No. 8491, otherwise known as the Flag and Heraldic Code of the Philippines, provides for the manner of singing the Philippine National Anthem and penalizes non-compliance. This has serious implications on the individual's freedom to speak.
Everyman, Manila Standard Today, Mar 31, 2013
Law, as a system of rules, should not only help preserve order in society. More importantly, it o... more Law, as a system of rules, should not only help preserve order in society. More importantly, it ought to promote justice, empower the marginalized sectors of society and protect their interests.
Everyman, Manila Standard Today, May 8, 2012
Last Sunday, the Ombudsman's order for the Chief Justice to answer three complaints against him f... more Last Sunday, the Ombudsman's order for the Chief Justice to answer three complaints against him for alleged accumulation of wealth purported to be disproportionate to his salary and other lawful income was all over the news. As expected, it attracted public attention. The Ombudsman's order and the manner of its publication have been viewed as part of the renewed and continuing impeachment offensive against the Chief Justice. It was not simply meant to fan the embers of public interest in the proceedings. It was supposed to make the institutional weight of the Office of the Ombudsman bear upon and influence the members of the impeachment court by influencing public opinion. For one, the timing is highly suspect. It was made a week before the resumption of the impeachment proceedings. Another thing, the complainants are closely identified with the prosecution panel. Moreover, the subject matter of the complaints are similar to or closely connected with the charges presented in the impeachment court.