Commentaries

Despite the increase in VAW cases globally, our country is having an alarming downtrend in cases reported. Considering the inadequate dissemination of information on where to report the VAW cases, and the closing of barangay VAW desks, it can be inferred that our current referral system is no longer efficient during the pandemic. This should highlight the need to reevaluate our response system, especially in sectoral concerns.
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DIGGING FOR THE BURIED HATCHET: The Revocation of the Grant of Amnesty to Former LTSG Antonio Trillanes IV

DIGGING FOR THE BURIED HATCHET: The Revocation of the Grant of Amnesty to Former LTSG Antonio Trillanes IV

“The CA held that the crux of the controversy of whether an amnesty may be revoked arises not from the substantive aspect of the conditional amnesty proclamation, but from its procedural aspect. The Court made reference to the only United Nations member states which have Constitutions that expressly refer to the irrevocability of the legal effects of an amnesty: Peru and Angola. It bears noting that all 191 other member states, including the Philippines, do not have a similar provision. In sum, the CA upheld Proclamation No. 572 ruling that a conditional amnesty may be revoked on the limited ground that the attached conditions have not been met. It noted that a revoked amnesty can render void an order or judgment that dismissed a criminal action because of the amnesty, but the process entails a proper judicial inquiry which either party to the controversy may initiate via the proper legal tools and remedies with the proper court clothed with jurisdiction. The court inquiry cannot be merely summary and cursory, but one that shall give the parties ample opportunity to be heard on their respective evidence.”
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Legal and Practical Implications of Introducing Adolescents as Medical Decision Makers for Common Vaccines in the Philippines*

Legal and Practical Implications of Introducing Adolescents as Medical Decision Makers for Common Vaccines in the Philippines*

Legislators should strive to include healthcare workers in developing legislation that would allow minors to get vaccines for themselves without parental permission, all while preserving the family harmony and the patient’s well-being, as well as knowing that this is about a patient’s health and not grandstanding parental authority.
Read More
Scalpers, no scalping!

Scalpers, no scalping!

From the provisions of the Consumer Act, it appears that this law could be applied to regulating the conduct of scalpers. In fact, it might fit in squarely since the law punishes deceptive, unfair, and unconscionable sales act or practice – and this includes the act of taking advantage of the situation.
Read More
PUNISHING AN UNFAITHFUL HUSBAND: Jurisprudential Development of Marital Infidelity

PUNISHING AN UNFAITHFUL HUSBAND: Jurisprudential Development of Marital Infidelity

In this regard, Araza made it a point that illicit relationships which causes mental or emotional anguish on the wife are addressed and penalized under R.A. No. 9262. However, it bears noting that R.A. No. 9262 does not criminalize acts of marital infidelity per se, but the psychological violence causing mental or emotional suffering on the wife. It is the emotional anguish caused by illicit affairs by the husband, and not exactly the act of infidelity, that was subject of guilt.
Read More
The Tax Reform for Acceleration and Inclusions Program 2 “TRAIN 2”: Is The Train Running Late, Again?

The Tax Reform for Acceleration and Inclusions Program 2 “TRAIN 2”: Is The Train Running Late, Again?

On 26 November 2020, the Senate has approved on the third and final reading the Corporate Recovery and Tax Incentive for Enterprises Bill. It is sought to be signed immediately by no less than President Rodrigo Duterte III who himself urged the Congress to pass a bill to decrease in Corporate Income Tax Rates imposed upon corporations in the Philippines in his 2019 State of the Nation Address.
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In this time of a national crisis, the spirit of bayanihan becomes more crucial. The essence of bayanihan, roughly translated as solidarity or civic unity, requires a little sacrifice on the part of the more capable in order to aid a fellow in need. One has to set aside personal parochial interests to support the needs of another.
Read More
To Ban or Not to Ban: Constitutional Issues on the Deployment Ban of Filipino Nurses

To Ban or Not to Ban: Constitutional Issues on the Deployment Ban of Filipino Nurses

However, albeit noble in its purposes, the ban seems to tread upon the brink of unconstitutionality. Thus, the question arises: Is the deployment ban of health workers, specifically, of nurses constitutional?
Read More
Political Satire in the Digital Age: Magnifying the Extent of Protected Speech

Political Satire in the Digital Age: Magnifying the Extent of Protected Speech

Political satire as a form of commentary on governmental affairs is not novel. Its existence throughout political history does not indicate a constant ill-will
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Legislating Emergencies: The Philippine Model of Emergency Power Legislation

Legislating Emergencies: The Philippine Model of Emergency Power Legislation

An emergency is the total opposite of the rule of law. While the rule of law blossoms and relies on a state of normalcy, emergency is a situation that exists outside it.
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  • (no title)
    Despite the increase in VAW cases globally, our country is having an alarming downtrend in cases reported. Considering the inadequate dissemination of information on where to report the VAW cases, and the closing of barangay VAW desks, it can be inferred that our current referral system is no longer efficient during the pandemic. This should highlight the need to reevaluate our response system, especially in sectoral concerns.
  • DIGGING FOR THE BURIED HATCHET: The Revocation of the Grant of Amnesty to Former LTSG Antonio Trillanes IV
    “The CA held that the crux of the controversy of whether an amnesty may be revoked arises not from the substantive aspect of the conditional amnesty proclamation, but from its procedural aspect. The Court made reference to the only United Nations member states which have Constitutions that expressly refer to the irrevocability of the legal effects of an amnesty: Peru and Angola. It bears noting that all 191 other member states, including the Philippines, do not have a similar provision. In sum, the CA upheld Proclamation No. 572 ruling that a conditional amnesty may be revoked on the limited ground that the attached conditions have not been met. It noted that a revoked amnesty can render void an order or judgment that dismissed a criminal action because of the amnesty, but the process entails a proper judicial inquiry which either party to the controversy may initiate via the proper legal tools and remedies with the proper court clothed with jurisdiction. The court inquiry cannot be merely summary and cursory, but one that shall give the parties ample opportunity to be heard on their respective evidence.”
  • Legal and Practical Implications of Introducing Adolescents as Medical Decision Makers for Common Vaccines in the Philippines*
    Legislators should strive to include healthcare workers in developing legislation that would allow minors to get vaccines for themselves without parental permission, all while preserving the family harmony and the patient’s well-being, as well as knowing that this is about a patient’s health and not grandstanding parental authority.
  • Scalpers, no scalping!
    From the provisions of the Consumer Act, it appears that this law could be applied to regulating the conduct of scalpers. In fact, it might fit in squarely since the law punishes deceptive, unfair, and unconscionable sales act or practice – and this includes the act of taking advantage of the situation.
  • PUNISHING AN UNFAITHFUL HUSBAND: Jurisprudential Development of Marital Infidelity
    In this regard, Araza made it a point that illicit relationships which causes mental or emotional anguish on the wife are addressed and penalized under R.A. No. 9262. However, it bears noting that R.A. No. 9262 does not criminalize acts of marital infidelity per se, but the psychological violence causing mental or emotional suffering on the wife. It is the emotional anguish caused by illicit affairs by the husband, and not exactly the act of infidelity, that was subject of guilt.
  • The Tax Reform for Acceleration and Inclusions Program 2 “TRAIN 2”: Is The Train Running Late, Again?
    On 26 November 2020, the Senate has approved on the third and final reading the Corporate Recovery and Tax Incentive for Enterprises Bill. It is sought to be signed immediately by no less than President Rodrigo Duterte III who himself urged the Congress to pass a bill to decrease in Corporate Income Tax Rates imposed upon corporations in the Philippines in his 2019 State of the Nation Address.
  • (no title)
    In this time of a national crisis, the spirit of bayanihan becomes more crucial. The essence of bayanihan, roughly translated as solidarity or civic unity, requires a little sacrifice on the part of the more capable in order to aid a fellow in need. One has to set aside personal parochial interests to support the needs of another.
  • To Ban or Not to Ban: Constitutional Issues on the Deployment Ban of Filipino Nurses
    However, albeit noble in its purposes, the ban seems to tread upon the brink of unconstitutionality. Thus, the question arises: Is the deployment ban of health workers, specifically, of nurses constitutional?
  • Political Satire in the Digital Age: Magnifying the Extent of Protected Speech
    Political satire as a form of commentary on governmental affairs is not novel. Its existence throughout political history does not indicate a constant ill-will
  • Legislating Emergencies: The Philippine Model of Emergency Power Legislation
    An emergency is the total opposite of the rule of law. While the rule of law blossoms and relies on a state of normalcy, emergency is a situation that exists outside it.
  • New Clark City: Built on The Shadows Of Our Ancestors
    This declaration of continuous possession finds support in the landmark case of Cariño v. Insular Government, where the Court ruled that domains and lands held under native title are presumed to have never been public lands
  • The Legal Foundation of Quarantine Regulations
    In light of the threats of the COVID-19 pandemic, government action is imperative to prevent the further spread of the disease, to cushion the effects of the pandemic, and to spearhead society as it charters the waters of the new normal. Although the exigencies of the pandemic require massive government action, such government action must be founded on law. A democratic society such as ours does not forsake the rule of law even in times of dire situations. Thus, we are pressed with the following question: ‘What is the legal basis of the issuances by the President imposing quarantine restrictions throughout the country?’