Atty. Bernard D. Bandonell

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The Berm offers simple, honest analysis, standing apart to measure the complexities of law and politics against the wisdom of ordinary life, with a healthy dose of quirky common sense.

The intersection of public law enforcement and personal digital branding has forced a critical re-examination of whether...
17/07/2026

The intersection of public law enforcement and personal digital branding has forced a critical re-examination of whether a citizen completely forfeits their right to privacy the moment they step onto a public street. When an enforcement official captures video of a traffic violator and uploads the footage to a personal social media blog, the defense often rests on the premise that no reasonable expectation of privacy exists in the public sphere, especially if the individual's face is digitally blurred. Under Philippine law, however, this defense is fragile. The Data Privacy Act of 2012 protects any information from which an identity can be reasonably and directly ascertained. Blurring a face removes primary visual identification, but when unique contextual markers like a distinct public school uniform, a specific motorcycle, a recognizable voice, and a precise locality remain exposed, the individual often remains entirely identifiable to colleagues, neighbors, and students. Consequently, what is framed as a harmless, anonymized video remains a processing of personal data that risks violating statutory privacy rights.

This issue transcends pure data protection and enters the realm of fundamental human relations governed by Article 19 of the Civil Code of the Philippines. This landmark provision mandates that every person must, in the exercise of their rights and in the performance of their duties, act with justice, give everyone their due, and observe honesty and good faith. While a traffic officer possesses the legal right and public duty to apprehend a violator and document the encounter for official accountability, exploiting that state-sanctioned authority to generate viral content for a personal blog distorts the purpose of the law. When the primary objective shifts from public safety to digital engagement and public humiliation, the exercise of that right becomes abusive. A citizen who violates a traffic ordinance is legally subject to prescribed penalties like a monetary fine, but they do not deserve to have their human dignity bartered for online clicks. By transforming a routine administrative apprehension into a public shaming campaign against a polite citizen who explicitly requested not to be broadcast, the enforcer oversteps the boundaries of good faith, illustrating that even in the most public spaces, the law still demands a standard of conduct that shields individuals from arbitrary humiliation.

In my opinion, the teacher has a solid cause of action for damages under Article 19, in relation to Articles 20 and 21 of the Civil Code of the Philippines, which collectively govern the abuse of rights and willful injury to personality. While the traffic enforcer had the authority to apprehend the rider, utilizing state-sanctioned power to fuel a personal blog at the expense of a citizen's reputation constitutes a bad-faith exercise of that right. Furthermore, because the teacher remained easily identifiable to his community through distinct contextual markers, the unauthorized broadcast directly breached the Data Privacy Act of 2012 by unlawfully processing identifiable personal information. By transforming a routine traffic citation into a public shaming spectacle despite an explicit, polite plea to the contrary, the enforcer crossed the line from legal documentation to an actionable tort, rendering him liable for moral and exemplary damages for the psychological distress and professional humiliation inflicted upon the educator.

Aminado ang gurong nag-viral sa kanyang paglabag sa batas-trapiko, ngunit iginiit niyang sana ay hindi na siya isinama sa vlog ni MMDA Special Operations Group–Task Force Road Clearing head Gabriel Go. | via TV Patrol

Nasa link sa comments section ang buong ulat.

02/07/2026

Tu Quoque: Marcoleta’s Miscalculation and Missteps

The trouble with a clever legal defense is that it occasionally works too well. Senator Marcoleta’s recent triumph before the COMELEC is a masterclass in this specific brand of tactical disaster: he successfully sprinted away from a minor election infraction, only to trip directly into a non-bailable charge of plunder.

The initial dispute was straightforward enough. Accused of failing to declare ₱75 million in campaign contributions, Marcoleta mounted a temporal defense. He argued that because he accepted the cash in January 2025—months before declaring his senatorial bid—the money could not legally be classified as a campaign contribution under the Omnibus Election Code. The COMELEC agreed, shook his hand, and dismissed the case.

But in law, as in physics, energy is merely transferred, never destroyed. To secure that dismissal, Marcoleta had to enter a formal, binding admission into the regulatory record. He effectively told the state: Yes, I took the ₱75 million, and yes, I did so while serving as a sitting member of the House of Representatives.

With those two facts pinned to the board, the election shield evaporated, and the standard anti-graft machinery ground into gear. Marcoleta’s public defenders have since pivoted, arguing that because the money came from private donors rather than the kaban ng bayan—the public purse—there is no crime to answer. But this misreads the statutory landscape entirely. In the Philippine anti-corruption framework, the origin of the funds is a distinction without a legal difference. Under Presidential Decree No. 46 and the Anti-Graft and Corrupt Practices Act (RA 3019), the offense is perfected the moment an active legislator receives an unauthorized material gratification. The state does not need to prove the treasury was looted; it only needs to prove the public servant was paid.

From there, the escalation to plunder under Republic Act No. 7080 becomes a matter of simple arithmetic. Plunder occurs when a public officer acquires ill-gotten wealth through a series of criminal acts—including indirect bribery—that cross a ₱50 million threshold. By admitting to the ₱75 million to dodge the COMELEC, Marcoleta mechanistically satisfied the statutory math of a capital offense.

Predictably, the defense has retreated to the familiar battlecry of selective justice. Why single him out when the entire legislature operates on the same informal ledger? It is a classic invocation of the tu quoque fallacy, and it fares no better in legal philosophy than it does on the highway. A motorist pulled over for riding without a helmet cannot escape the citation by pointing out that the three bikes ahead of him were also bareheaded. Prosecutorial discretion is an inherent, constitutional prerogative of the state. The Executive and independent bodies like the Ombudsman are under no obligation to achieve universal, simultaneous enforcement before they can lawfully act on a self-authenticated violation. To argue that a crime should go unpunished because it is widespread is to confuse political reality with a legal defense. Marcoleta built the trap with his own pleadings; the state merely closed the door.

26/06/2026

Can prior acts be used to impeach a sitting vice-president?

Yes. Under Philippine law, there is no hard rule that impeachment can only rest on acts committed after an official assumes office.

The argument that impeachment cannot reach misconduct committed before a vice-president took office is convenient, but it is not serious constitutional analysis. It asks the Constitution to do something it never says: pretend that past corruption, abuse, or betrayal of public trust disappears the moment a politician wins a new post.

That is not how impeachment works.

Article XI, section 2 of the 1987 Constitution is blunt. The grounds are culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust. It does not add a qualifier that says, “only if the bad acts happened during the present term.” If the framers had wanted that limit, they could have written it. They did not.

And for good reason. Impeachment is not a technical escape hatch for public officials with a long enough résumé. It is a constitutional safeguard against officers who are no longer fit to remain in office. That is why the Supreme Court, in Re: Letter of Mrs. Ma. Cristina Roco Corona A.M. No. 20-07-10-SC, stressed the protective nature of impeachment. The point is not to punish for the sake of punishment. The point is to remove a public officer whose continued stay in power is intolerable to the constitutional order.

The old condonation doctrine used to offer politicians a neat little alibi: win another election, and the sins of the past are wiped clean. The Supreme Court buried that fiction in Ombudsman v Binay G.R. Nos. 229781, 231974, 24 April 2018. Public office is a public trust, not a laundromat for misconduct. Prior wrongdoing does not vanish because a candidate manages to survive the next election cycle.

So the real question is not whether the alleged acts happened before the official assumed the vice-presidency. The real question is whether those acts, viewed honestly, show the kind of corruption, abuse, or betrayal that makes continued occupancy of the office unacceptable. If they do, then the timing objection is just a rhetorical shield, not a legal one.

Impeachment is not supposed to be boxed in by the public relations needs of the officeholder. It exists precisely for the moments when a constitutional officer’s past conduct casts a shadow too large to ignore.

If the conduct is impeachable, it does not become harmless just because it is old.

01/01/2026

𝔉i𝔯𝔰𝔱 𝔡𝔞y 𝔬𝔣 𝔱𝔥𝔢 y𝔢𝔞𝔯... f𝔬𝔬k𝔦𝔫𝔤 𝔣𝔬𝔯𝔴𝔞𝔯𝔡 𝔱𝔬 𝟐𝟎𝟐𝟔 𝔴𝔦𝔱𝔥 𝐜𝐚𝐮𝐭𝐢𝐨𝐮𝐬 𝐨𝐩𝐭𝐢𝐦𝐢𝐬𝐦. 𝔑𝔬𝔱𝔥𝔦𝔫𝔤 𝔱𝔬𝔬 𝔤𝔯𝔞𝔫𝔡—𝔧𝔲𝔰𝔱 𝔥𝔬𝔭𝔦𝔫𝔤 𝔣𝔬𝔯 𝔞 k𝔦𝔫𝔡𝔢𝔯 y𝔢𝔞𝔯 𝔴𝔦𝔱𝔥 𝔞 𝔣𝔢𝔴 f𝔬𝔳𝔢𝔩y 𝔰𝔲𝔯𝔭𝔯𝔦𝔰𝔢𝔰 𝔞𝔫𝔡 𝔞 𝔟𝔦𝔱 𝔬𝔣 𝔣𝔲𝔫 𝔬𝔫 𝔱𝔥𝔢 𝔰𝔦𝔡𝔢 𝔱𝔬 𝔨𝔢𝔢𝔭 𝔱𝔥𝔦𝔫𝔤𝔰 𝔦𝔫𝔱𝔢𝔯𝔢𝔰𝔱𝔦𝔫𝔤. 𝔅𝔢𝔰𝔱 𝔬𝔣 f𝔲𝔠k 𝔱𝔬 𝔢𝔳𝔢𝔯𝔶𝔬𝔫𝔢 𝔣𝔬𝔯 𝔱𝔥𝔢 y𝔢𝔞𝔯 𝔞𝔥𝔢𝔞𝔡! 🍻🇬🇧☕️✨

Ayoko sana mag-greet ng Happy “New” Year—bigat kasi masyado ng expectations. Mas okay na ako sa Happy “Slightly Better T...
31/12/2025

Ayoko sana mag-greet ng Happy “New” Year—bigat kasi masyado ng expectations. Mas okay na ako sa Happy “Slightly Better Than 2023” Year—yung taon na hindi character development ang kailangan ng mga politiko, at hindi survival mode ang default setting ko.

Miss ko yung panahong masaya na tayo kahit naglaho ang brain cells ni Anne Curtis sa birthday niya, pero sabagay, this year naman meron tayong “What hafen, Vella?” para magpaalala na kahit gumuho na ang mundo, dapat may poise pa rin.

Gusto ko ring bumalik sa mga panahong okay lang mag-mall kahit wala kang Rolex o Gucci—kasi dati, ang sukatan ng tao ay ganda ng loob, hindi presyo ng suot. Panahon na pwede kang bumili ng payong na walang kasamang Rolls-Royce—pinagyabang mo pa, ayan tuloy, himas-rehas ka ngayon. Balik sana sa mga panahong malamig pa ang ulo sa kalsada—walang batukan, walang bunutan ng baril, walang middle finger, at walang paligsahan para sa Kamote Drift Award.

Yung panahon na ang sinusubaybayan lang nating gulo ay KathNiel, KimXi, at ang pag-usbong ng DonBelle—hindi ang pantasya ng Siargao curse, kwento ng namangka sa dalawang ilog, o yung QC bride na mukhang bumili ng sapatos sa town fiesta sa Sison, Pangasinan. Yung era na item pa nina B**g at Sara kaya tahimik ang paligid; lahat halos may self-control, unlike sa flood control na bilyon ang naglaho—parang ex mong nang-ghost; walang closure, pero may bagong condo para taguan ng pera.

Yung panahon na namamayagpag ang pares ni Diwata pero sumablay ang timpla sa politika. Year din yan ng Barbiecore—nag joke pa nga na magsusuot ng pink wig para di makilala, pero kalaunan nagtago kasi ayaw makasama ang Tatay sa The Hague. Dati, “gifted child” ang tawag ng pumasok sa Kongreso; kalaunan, “scripted child” pala—meow meow.

At New Year’s resolution ko? Taas-kamay na lang ako para sa Spirit Bomb ni Kara David. Sana this time, tumalab pa—at matupad na yung collective wish na mamatay na lahat ang kurakot sa Pilipinas.

Kaya ‘wag na tayong umasa sa ambisyong “New” year. Konting improvement lang, okay na. At gaya ng sabi ni Vico, simulan natin sa sarili.

‘Wag na rin yung “New Year, New Me.” Kasi hangga’t ang tanging bago lang sa bansa ay modelo ng sasakyan ng mga kurap, same old ‘them’ pa rin ang haharap sa inyo.

Oh, Sige na nga, libre naman umasa—Happy New Year, everyone!

24/12/2025

She is a 41-year-old widow. He is her son’s 16-year-old best friend. It felt like comfort… until she realized she might be falling in love. Now she’s asking: Is this even legal? Is marriage possible? And what happens when her son finds out?

They say there are three stages of life: You believe in Santa; You don’t believe in Santa; and then others believe you a...
24/12/2025

They say there are three stages of life: You believe in Santa; You don’t believe in Santa; and then others believe you are Santa.

I've officially reached Stage 3! My back hurts, my wallet is empty, but my heart is full. Merry Christmas everyone! 🎄🎅✨

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