Justice Carpio explains the legal significance of the court certification stating that Ferdinand Marcos Jr. has no recorded payment of fines from his tax conviction, and how this affects the petition to cancel his presidential Certificate of Candidacy.
Justice Carpio explains why China’s conduct in the South China Sea amounts to hegemonic bullying and urges ASEAN states to pursue arbitration under international law to protect their maritime rights.
Justice Carpio analyzes whether Ferdinand Marcos Jr. has served his sentence after his tax conviction, concluding that absent full payment of fines and deficiency taxes, the legal penalties—including disqualification from public office—remain operative.
Justice Carpio explains the legal grounds for the disqualification case against Ferdinand Marcos Jr. in 2021, anchored on the Omnibus Election Code and Tax Code provisions related to his tax conviction, and explores the key legal issues shaping the dispute.
Justice Carpio analyzes the legal arguments over whether Ferdinand Marcos Jr.’s tax conviction disqualifies him from the presidency, concluding that the key issue is whether his repeated failure to file income tax returns amounts to moral turpitude under election law.
Justice Carpio explains the legal and energy security implications of the upcoming expiration of the Malampaya gas field contract in 2024, urging the Philippines to prepare for the field’s eventual depletion by developing new gas sources like Reed Bank.
Justice Carpio examines the security and procedural weaknesses in automated elections, outlining risks in voting technology and recommending stronger safeguards and audits to protect electoral integrity.
Justice Carpio explains how attempts by the executive branch to block executive officials from attending Senate inquiries threaten the constitutional function of the Senate, potentially incapacitating its legislative role.
Justice Carpio explains how Supreme Court decisions—required to state facts and law with precision—serve as authoritative historical records of the nation, exemplified by rulings on the Marcoses’ ill‑gotten wealth that withstand efforts at revisionism.
Justice Carpio explains how the Marcos estate’s failure to file and pay estate tax after Ferdinand Marcos’s death in 1989 resulted in a substantial unpaid liability, detailing the assessment’s finality, accrued penalties, and legal consequences under the Tax Code.
Justice Carpio analyzes how the “For Later Release” budget mechanism allows the Executive to withhold release of appropriations passed by Congress, raising constitutional concerns about separation of powers and legislative independence.
Justice Carpio explains why the claim that Pharmally submitted the lowest price quotation is mistaken, highlights procurement records showing it had the highest bids, and stresses that public disclosure of prices is a constitutional requirement.
Justice Carpio explains that PS‑DBM operates independently in its procurement functions despite being administratively supervised by the DBM, and discusses the constitutional and legal implications of this arrangement in the context of procurement controversies.
Justice Carpio outlines the dual functions of the Procurement Service of the DBM as both a buying agent and trading arm, explains how trust remittances and appropriations should be used, and highlights legal boundaries on fund transfers to prevent misapplication.
Justice Carpio discusses the constitutional checks and balances that ensure no individual or branch of government is “above the law,” explaining how actions like unilateral treaty termination challenge this foundational principle.
Justice Carpio outlines how the Philippines uses archipelagic and normal baselines under UNCLOS and existing law to measure maritime zones, and explains why issuing and publishing official nautical charts is key to asserting sovereign rights.
Justice Carpio explains why the Philippines’ territorial claim in the South China Sea is confined to the Kalayaan Island Group and criticizes legislative proposals that seek to expand claims to the wider Spratly Islands in ways inconsistent with international law.
Justice Carpio explains why President Duterte’s last State of the Nation Address broke no new ground on the West Philippine Sea issue, repeating old positions on the Arbitral Award and omitting support for key maritime claims that could strengthen the Philippines’ legal posture.
Justice Carpio explains how overfishing by foreign vessels in Philippine EEZ waters has depleted fish stocks like galunggong, driving up prices and harming Filipino fishing communities while illustrating broader threats to sovereign rights in the West Philippine Sea.
Justice Carpio recounts how President Benigno Aquino III’s decision to pursue the South China Sea arbitration against China led to a historic legal victory, highlighting internal debates, strategic choices in the Memorial, and the legal team’s efforts at The Hague.
Justice Carpio explains the role and admissibility of extrajudicial confessions in evidence law, particularly how voluntarily made public statements can be used alongside corroborating proof in investigations of alleged extrajudicial killings.
Justice Carpio explains the importance of the 1734 Murillo Velarde map as the first scientific map of the Philippine archipelago that illustrates features like Scarborough Shoal and Spratlys as part of the nation and supports sovereign maritime claims.
Justice Carpio explains the legal role of maps in territorial disputes: how maps become binding through treaties or state acceptance, how historical cartography can constitute admissions against interest, and why China’s own published maps weaken its South China Sea claims.
Justice Carpio explains the UNCLOS legal framework for what constitutes an island versus a rock or low‑tide elevation, and why this distinction fundamentally affects maritime entitlements and territorial claims in the West Philippine Sea.
President Duterte’s mantra is “China is in possession of the West Philippine Sea (WPS).” The President made this declaration on several occasions: the November 2018 Asean-India Summit in Singapore, his July 2019 and 2020 State of the Nation Addresses, and his late night TV addresses on April 19, 2021 and April 29, 2021. The reason
Justice Carpio recounts how Sandy Cay became a permanent island and was effectively seized by China in 2017, challenging official denials and highlighting the implications for Philippine territorial sovereignty in the West Philippine Sea.
Justice Carpio evaluates President Duterte’s West Philippine Sea policies—including setting aside the Arbitral Award, limiting naval patrols, a verbal fishing agreement with China, and statements conceding Chinese control—arguing they contradict constitutional and international law and jeopardize Philippine sovereign rights.
Justice Carpio evaluates conflicting statements by President Duterte and Presidential Spokesperson Harry Roque on West Philippine Sea policy, stressing the importance of legal accuracy and consistency in defending Philippine sovereign rights.
Justice Carpio explains why Chinese fishermen appear in the West Philippine Sea—clarifying that under UNCLOS and the 2016 Arbitral Award, fishing in the EEZ by foreign vessels is allowed only with consent, and discusses how a reported verbal agreement has enabled Chinese fishing there.
Justice Carpio explains the difference between the Spratlys’ unresolved territorial dispute and the already‑settled maritime dispute, and calls for binding voluntary arbitration at the ICJ among all claimant states to finally determine sovereignty over features in the Spratlys.
Justice Carpio explains the constitutional and legal scope of “aid and comfort to the enemy,” distinguishing protected speech from treasonous assistance and outlining what constitutes criminal support for an enemy under Philippine law.
Justice Carpio explains why the Philippine government had not yet purchased Western COVID‑19 vaccines by April 2021, analyzing legal misconceptions about advance payments, unsigned procurement contracts, and policy missteps that impeded access to vaccine supplies.
Justice Carpio assesses the Philippines’ diplomatic approach to China, describing it as “unrequited love” that has failed to protect national interests in the West Philippine Sea and urging a principled, law‑based foreign policy instead.
Justice Carpio discusses the Supreme Court’s constitutional duty and power to protect and enforce rights through rule‑making and legal innovation, and underscores the role of the justices—the “gods of Padre Faura”—in responding to violations of constitutional rights.
Justice Carpio explains China’s “Three Warfares” strategy—public opinion warfare, intimidation via military presence, and legal warfare—as tools China uses to pursue control over the South China Sea without traditional armed conflict, and how these tactics conflict with international law.
Justice Carpio explains the constitutional ban on nuclear weapons in the Philippines and analyzes President Duterte’s vow to terminate the Visiting Forces Agreement if proof of U.S. nuclear weapon storage is found on Philippine soil.
Justice Carpio explains the constitutional role of the Armed Forces of the Philippines as the “protector of the people,” warns against policies that may erode public trust, and calls for the AFP to remain aligned with citizens’ rights and constitutional safeguards.
Justice Carpio explains why both accelerated COVID‑19 vaccination and targeted economic stimulus are essential for the Philippines’ recovery, critiques barriers to vaccine procurement, and outlines measures to avoid stimulus fund leakage.
Justice Carpio explains why China’s new coast guard law, sometimes likened to a “Monroe Doctrine,” is fundamentally different: it seeks to enforce expansive maritime claims beyond sovereign zones recognized under UNCLOS and threatens the rights and security of ASEAN coastal states.
Justice Carpio explains how China’s new coast guard law represents a “deadly legal virus” that empowers the use of force to enforce expansive South China Sea claims contrary to international law and underscores the need for legal countermeasures by ASEAN states.
Justice Carpio explains why and how a sitting Philippine President is immune from civil or criminal suits under national law and jurisprudence, outlining its constitutional bases, judicial precedents, and implications for accountability and investigation.
Justice Carpio analyzes the House’s latest attempt to amend the Constitution (“last cha-cha”), warning of risks to legislative safeguards and arguing that rule-of-law improvements—not constitutional tinkering—will better encourage investment.
Justice Carpio explains the UNCLOS opt-out provision allowing states to limit compulsory dispute settlement procedures in certain cases, and why this does not preclude legal accountability under the Convention’s dispute resolution framework.
Justice Carpio criticizes the President’s “no vaccine, no VFA” ultimatum linking U.S. vaccine delivery to the Visiting Forces Agreement, explaining how advance payment mechanisms and misreading of procurement law undermine access to Western COVID-19 vaccines and risk geopolitical leverage.
Justice Carpio explains the constitutional purpose and public significance of an impeachment complaint in the Philippines, outlining how it promotes accountability, informs citizens, and activates institutional checks—beyond merely triggering a trial.
Justice Carpio outlines the constitutional grounds for impeaching a Supreme Court justice in the Philippines—explaining that only culpable violations of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust qualify as valid causes.
Justice Carpio explains why the Philippines’ statutory definition of “indigenous people” under IPRA lacks historical and ethnic basis for most Filipinos, arguing that this imported legal concept divides the nation and creates unnecessary social and legal conflict.
Justice Carpio explains why Philippine law does allow advance payments for COVID‑19 vaccine acquisition with presidential approval, and how misunderstanding this — plus global vaccine market realities — could delay access for Filipinos.
Justice Carpio explains how the Philippine electoral system often results in presidents elected by a minority of voters and argues for a run‑off mechanism so that leaders reflect majority choice.
Justice Carpio explains the concept behind establishing a Philippine maritime militia in the West Philippine Sea—how civilian‑based vessel coordination could help supplement naval and coast guard presence to protect sovereign rights under international law.
Justice Carpio explains how China’s historical actions and nine‑dash line claim demonstrate hegemonic expansion in the South China Sea, marked by forceful seizures and militarization of disputed features to assert control contrary to international law.
Justice Carpio debunks additional historical and legal arguments China has used to support its South China Sea claims—showing that declarations like Cairo and Potsdam, and the San Francisco Peace Treaty, do not award the Spratlys or Paracels to China, and that analogies to the Monroe Doctrine are specious.
Justice Carpio explains why the ASEAN–China Code of Conduct must not legitimize past unlawful acts, exclude the 2016 Arbitral Award, or restrict dispute settlement under UNCLOS, and why it should protect EEZ rights and uphold international law in the South China Sea.
Justice Carpio explains why allowing China‑linked telecommunications infrastructure inside Philippine military camps creates security vulnerabilities, given China Telecom’s legal obligation to cooperate with state intelligence and the risk of backdoors in critical communications systems.
Justice Carpio analyzes the 2020 diplomatic “dueling Notes Verbales” between the Philippines and Malaysia over extended continental shelf claims, showing why competing assertions—especially involving Sabah and South China Sea rights—fail to advance Philippine maritime interests and distract from common ASEAN positions.
Justice Carpio explains why raising the Philippine maritime case at the UN General Assembly matters: it provides an opportunity to rally global support for the 2016 South China Sea arbitral ruling, reinforce the rule of law, and strengthen diplomatic backing for the Philippines’ sovereign rights under UNCLOS.
Justice Carpio refutes China’s claim of a peaceful history by detailing historical invasions of neighboring states and modern seizures of maritime features, and explains how China’s nine‑dash line aims to control nearly the entire South China Sea—at the expense of international law and ASEAN rights.
Justice Carpio explains how the nine‑dash line originated with a 1947 Kuomintang map claiming islands and their territorial seas, how Communist China later adopted and expanded it into a sweeping historical claim, and why this expansion is inconsistent with UNCLOS and was invalidated by the 2016 Arbitral Award.
Justice Carpio explains why Scarborough Shoal has become a legal and strategic “red line” in the South China Sea dispute, rooted in Philippine historic rights, UNCLOS entitlements, and international opposition to China’s enhanced claims and potential militarization.
Justice Carpio explains why, under the Anti‑Terrorism Act, the CPP‑NPA’s armed rebellion does not by itself classify them as “terrorists,” because the law distinguishes terrorism from rebellion and requires intent to create widespread fear, meaning rebels cannot be automatically proscribed as a terrorist group.
Justice Carpio explains how warrantless arrest provisions in the Anti‑Terrorism Act must be applied in harmony with constitutional due process and existing arrest rules, emphasizing that probable cause and legal safeguards still constrain law enforcement actions.
Justice Carpio explains that cyberlibel under the Cybercrime Prevention Act prescribes after 12 years following final judgment, applying the general prescription rule for offenses punishable by prision mayor, and outlines how the prescriptive period is calculated.
Justice Carpio explains why martial law is unnecessary and legally unwarranted for managing a public health crisis like COVID‑19, highlighting constitutional standards and existing statutory emergency powers that protect both public safety and civil liberties.
Justice Carpio explains how the Anti‑Terrorism Law’s warrantless arrest and extended detention provisions undermine the Constitution’s safeguards against unreasonable seizures and demolition of judicial oversight, creating a “double whammy” on fundamental rights.
Justice Carpio explains why China Telecom’s participation in the Philippines’ third telco raises constitutional and national‑security concerns, given its state‑owned status, legal obligations to Chinese intelligence, and potential risks from hosting critical infrastructure inside military installations.
Justice Carpio discusses the lingering devastation at Marawi City’s Ground Zero, the legal barriers preventing displaced residents from returning, and why a presidential proclamation making the land alienable and disposable could restore land rights and community trust.
Justice Carpio explains why naming features in the South China Sea does not confer sovereignty or maritime rights, outlines how sovereign states can lawfully name features, and notes the historical precedence of Philippine names like those on the 1734 Velarde‑Bagay‑Suarez map.
Justice Carpio explains why the cease‑and‑desist order against ABS‑CBN denied it equal protection of the law compared with past franchise renewals, and why any extension of broadcast or telecom franchises must be in a general bill applicable to all similarly situated entities to avoid unfair discrimination.
Justice Carpio explains why Philippine offshore gaming operators (POGOs) are illegal under both Philippine and Chinese law, how licensing and enforcement anomalies suggest “invisible hands” enabling their operations, and why this synchronized tolerance undermines legal norms in both countries.
Justice Carpio compares China’s expansive South China Sea claims to a maritime Lebensraum, explaining how Beijing’s attempt to control vast waters and resources violates UNCLOS and was rejected by the 2016 Arbitral Award, and calls for ASEAN cooperation to uphold lawful sovereign rights.
Justice Carpio explains that the Philippine National ID’s slow implementation was due to insufficient budget allocations for PhilSys—not legal opposition—and outlines how funding shortfalls in the General Appropriations Act hindered nationwide rollout despite the law and IRR already in place.
Justice Carpio criticizes how leaders in China, the U.S., and the Philippines shifted their COVID‑19 narratives to avoid accountability for early errors, arguing that diverting attention to competing stories undermines effective public health response.
Justice Carpio explains why freedom of expression is the Philippines’ greatest freedom—foundational to democracy, protected even in crises, and only subject to very limited, constitutionally required exceptions.
Justice Carpio explains why redefining “public utility” through ordinary law to exclude telecommunications and transportation would erode the Constitution’s foreign‑ownership limits, bypass the amendment process, and weaken Filipino control of key sectors.
Justice Carpio contends that President Duterte’s rhetoric and diplomatic choices signal a de facto alignment with China over Philippine sovereignty, framing Duterte’s comment about choosing between U.S. territory or a province of China as a false and dangerous dilemma.
Justice Carpio argues that terminating the Visiting Forces Agreement would weaken Philippine defenses in the West Philippine Sea by removing a key deterrent against Chinese aggression and eroding military cooperation with the United States.
Justice Carpio explains why the abrogation of the Visiting Forces Agreement undermines the deterrence that previously protected Scarborough Shoal, potentially enabling China to reclaim and fortify the feature without resistance.
Justice Carpio explains how policy shifts and rhetoric by President Duterte—including moves toward VFA abrogation and reduced joint military cooperation—have weakened deterrence and the Philippines’ defenses in the West Philippine Sea, undermining constitutional duties to protect maritime sovereign rights.
Justice Carpio discusses the concept of “mother of onerous contracts” to critique procurement practices that favor suppliers at the expense of the public interest, highlighting the need for transparency and strict adherence to constitutional procurement safeguards.
Justice Carpio explains why China does not respect Philippine sovereignty, detailing historical seizures of maritime features and the invalidity of China’s nine‑dash line under international law, and why China’s conduct undermines Philippine sovereign rights.
Justice Carpio explains why even great powers comply with international arbitral rulings: because war and aggression are now illegal under the UN Charter, treaties like UNCLOS/WTO provide binding dispute mechanisms, and world opinion and reputational costs encourage adherence.
Justice Carpio analyzes why even great powers often comply with international arbitral rulings, highlighting binding dispute mechanisms under UNCLOS and WTO, and the role of world opinion and reputational incentives in encouraging adherence to international law.
Justice Carpio explains why Subi Reef—though a low‑tide feature—is within the Philippines’ territorial sea because it lies within 12 nautical miles of Pag‑asa Island under the 2016 South China Sea Arbitral Award.