Agbayani, JG.JR, Tamase, P.S. (2015).

Philippine Law Journal Assessing Compliance with Foreign

Ownership Restrictions Under Narra Nickel. Diliman, Quezon City, Philippines. University of
the Philippines, College of Law. Volume 89. No. 2.

The 1987 Constitution was drafted at a time of increased nationalism, resulting in a basic law
that was “protective of things Filipino.” Quite explicitly, one of the main concerns of the basic law was
to “develop a self-reliant and independent national economy effectively controlled by Filipinos.”
Hence, several provisions in the 1987 Constitution were devoted to nationalizing industries and
economic areas vested with the highest public interest. Almost three decades after its ratification, the
Constitution continues to be interpreted in light of the paragidm in 1987. Meanwhile, public opinion
has at least partly shifted to creating a more liberal investment climate in the interest of economic
growth and prosperity.

Arellano-Aguda, JL.A. (2014). Philippine Law Journal A Call for Re-Evaluation: Prior Tax Treaty
Relief Application. Diliman, Quezon City, Philippines. University of the Philippines, College
of Law. Volume 88. No. 2.

This article examines the administrative procedures and requirements imposed by the Bureau of
Internal Revenue for taxpayers to be able to avai themselvesof reliefs provided under applicable tax
treaties. In particular, this article looks at and assesses the prevailing system of mandatory prior
applications for tax treaty relief and tax rulings in light of the international obligations of the
Philippines under various treaties. This article posits that, despite the laudable objectives of the
prevailing system as regards procedural efficiency and streamlined service, the substantive rights of tax
payers under international treaties are effectively impaired and overridden, in violation of international
law and to the detriment of the country's prospects for economic growth and development. Ultimately,
this article calls for a reevaluation of the prevailing system, and recommends that an advance tax ruling
system based on that prevailing in the US be adopted or developed in its stead.

Arellano, C.S. (2014). Philippine Law Journal Greetings from the Chief Justice of the Supreme Court.
Diliman, Quezon City, Philippines. University of the Philippines, College of Law. Volume 88.
No. 3.

A happy idea is that of the students of the College of Law of the University of the Philippines to
publish a monthly journal, as an open arena for their debates and other intellectual productions; a field
for training in literary pursuits; innocent amusement for recreation of the mind, or for seriously
occupying moments of leisure-all such, and more, it will be the medium of publicity which may
perhaps also draw forth hidden abilities, excite emulation in the modest ones who are now lightly
esteemed but have real worth, and stimulate them to strengthen and apply the knowledge they have
acquired, a thing that often happens when appeal is made to the public.
Heartily do I endorse the idea, as may plainly be seen, especially if it will contribute to
popularizing legal knowledge, and diffusion of which is advantageous for the most scrupulous
fulfillment of duties and obligations and the correct exercise of rights. Accept my heartiest felicitations
and fervent hopes that the journal attain to honor and profit.
Edited always in good faith, with noble ideas and rectitude of intention, with consciousness of
the matter written, and with the respect and considerartion due to the basic principles of society, to
institutions, and to individuals, it will be, according to one writer's happy expression, like a sword
placed in the hands of heroes to bring glorious days upon the country.

Atadero, RA.DF. (2014). Philippine Law Journal A Mandate Against Hate: Finding and Founding A
Philippine Law on LGBT Hate Crimes. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 88. No. 4.

Crimes motivated by bias or hate against Lesbian, Gay, Bisexual, and Transgender (“LGBT”)
persons are specially vicious, producing grave emotional and psychological impact on the victim and
the LGBT community at large. As the Philippines law vis-a-vis these acts must be determined in order
that they may be adequately addressed, and vulnerable groups properly protected.
This study provides a survey of relevant Philippine law and reveals that domestic law does not
adequately address hate crimes. Legislation must be changed to protect LGBT persons against hate
crimes. In particular , the author proposes that a bias motive in crimes should be treated as an
aggravating circumstances to enhance penalties for offenders and serve as a deterrent against similar
acts. He also suggests to permit civil actions based on “hate crime” causes of action in order to provide
relief and remedy to victims. Finally, the author proposes a bill requiring bias-motivated crimes so that
various organs of the State may craft a more tailored response to LGBT hate crimes.

Balaquiao, E.N. (2014). Philippine Law Journal Rings and Towers: A Study of Judicial and Legal
Ethics in the Philippines. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 88. No. 1.

The article suggests that there is a defect in the manner by which accountability in enforced in
the bench and the bar, arising out of the inability to balance the values and interests involved in
lawyering and in rendering justice. Its notes that lawyers place a premium on reputation over
responsiveness to client needs, while the Judiciary values judicial independence at the expense of
accountability. Citing recent administrative cases, the article shows how lawyers, judges, and justices
have been made to answer for violations in their respective capacities. The article then concludes that
lawyer-judge regulation in the Philippines is highly misguided, and recommends that such regulation
should be reoriented as an initial step for stronger accountability. To this end, it proposes a shift of the
system of lawyer regulation from one of self-regulation to co-regulation. As to the Judiciary, this work
suggest that judicial privilege should not be used to resist legitimate questions on accountability, as the
former must be tempered by the latter.

Bartlett, Murray. (2014). Philippine Law Journal From the President of the University. Diliman,
Quezon City, Philippines. University of the Philippines, College of Law. Volume 88. No. 3.

It is with a great deal of satisfaction that I write this word of greeting to the Philippine Law
Journal.
One of the historic and vital functions of a great university is to issue publications which will be
of interest and value to those who are engaged in active work outside of the university's walls. A
university supported by the Government cannot fulfill its function unless it engages in this very
important form of extension work. I, therefore, hope that the Philippine Law Journal, coming from the
College of Law, will be an example which will be followed by other departments of our university.
 Another feature which I heartily welcome is that here we have a practical example of that active
cooperation on the part of undergraduates, alumni and faculty, without which there can be no true
university spirit. It emphasizes the important fact that the youngest freshman is just as much a
“member” of the university as is the senior professor, and that this membership does not cease with
commencement-day but extend throughout the life of the graduate.

Battad, E.D. (2014). Philippine Law Journal The Continuing Narrative of the Economic Emancipation
of Filipino Working Women. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 88. No. 3.

Almost 40 years after Women and Labor: Is the Economic Emancipation of the Filipino
Working Woman at Hand? Was written by the eminent Justice Flerida Ruth Romero, then a professor
of the University of the Philippines College of Law, women have made their indelible presence in all
aspects of the political, economic, and social life of Philippine society.
On the labor front, the Philippine labor force (15 years old and above) numbered 40,426,000 in
2012 (64.2% of the population), 61% of whom were males and 39% of whom were females. The labor
force participation rate (“LFPR”) of females increased significantly from 30.6% in 1970 to 50% in
2012. While the LFPR took a downward trend in 2013, from 64.2% to 63.9% the decrease was
morepronounced among the male labor workforce.
In 1974, 36.6% of the women in the labor force were engaged in agriculture and related work.
Over the years, however, the number of workers employed in the service sector has overtaken the
number of workers employed in the agricultural sector, such that employment has been driven by the
service sector. In 2012, when the number of women employed stood at 14,751,000, 28% were in the
service sector; 10.3% in the other service activities; and lastly, 9% in the industry sector, mainly in
manufacturing indusry. Thus, women in the industry and services sector combined to outnumber
women in agricultural sector. Nevertheless, the agricultural sector continues to play an important role in
employment and in job creation.
Statistic show that women's share in professional and managerial positions is steadily
increasing, although the rate of progress is slow. In 2012, 14,751 of 97,600 or 39.2% of employed
persons in major occupation groups were women. Of the 14,751 women employed, only 11.6% of these
were employed as professionals, techinicians, and associate professionals, while 18% were women
employed as corporate executives, managers, and supervisors. These data show that women are stil
markedly under-represented in managerial jobs compared to the overall share of their employment. All
the same, compared to past years, the working women of today are marching, in greater number,
toward social and economic progress.

Brillo, DA.P, Escalona, NA.C. (2015). Philippine Law Journal Succession in the Internet Age:
Dissecting The Ambiguities of Digital Inheritance. Diliman, Quezon City, Philippines.
University of the Philippines, College of Law. Volume 89. No. 4.

The question of susceptibility to inheritance of digital assets is clouded by different issues

ranging from privacy concerns, reluctance of internet service providers to acknowledge the right of
heirs to the digital properties uploaded in their domain, and the lack of clear statutes governing assets in
the in the digital realm. The article takes the stand that digital assets should form apart of a decedent's
estate and should pass onto one's heirs. To support its claim, the paper dichotomized digital assets into
account and content. Then, the authors established that these contents are in fact owned by the decedent
during his lifetime. The authors argue that the heirs should have successional rights over the contents
by virtue of existing international and domestic intellectual property laws. Then, an article discussed
available options on how a person may plan the disposition of his properties online upon death. Finally,
the paper offered possible remedies on how the heirs would be able to exercise their rights over these
properties.

Bordon, MJA. (2014). Philippine Law Journal The Universal Human Rights to Marry and to Found a
Family: The Yogyakarta Principles and International Trends Against LGBTQ Discrimination in
the Fight for Marriage Equality. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 88. No. 4.

The right to marry is among the major struggles of the Lesbian, Gay, Bisexual, Transgender and
Queer (“LGBTQ”) people. For the Filipino LGBTQ, it is a right deserved, which remains elusive in a
jurisdiction where it is impliedly prohibited by the Constitution and the Family Code. Luckily, the
sporadic movement of human rights worldwide has slowly begun to perforate the steel walls of
oppressive heteronormative practices, structures and institutions. In light of the developing global trend
which liberally views LGBTQ marriage, and particularly, the emergence of the 2008 Yogyakarta
Principles as soft law, there is reason to hope for the for the emergence of a human rights framework
that would allow us to properly address the issue of LGBTQ marriage in the Philippines.
Proceeding with a legal analysis using an interdiciplinary approach, this paper hopes to push the
discourse on LGBTQ rights to welcome a future that fully supports the LGBTQ's rights to identify, to
found a family, to personal happiness, and most importantly, the right to love.

Bustamante, BM.P, Pulido, K.N. (2014). Philippine Law Journal Insider Trading in the Philippines:
Constitutional and the other Legal Issues on imposing Civil and Criminal Liability for Short-
Swing Profits and Insider Trading Violations. Diliman, Quezon City, Philippines. University of
the Philippines, College of Law. Volume 88. No. 1.

As the writing, the Supreme Court has yet to resolve and decide on the merits of a case
involving insider trading. It is submitted that this strongly indicates that there is great difficulty in
implementing and enforcing prevailing laws and regulations regarding the matter. In this article, the
authors present an analysis of the sufficiency and enforceability of key provisions of Republic Act No.
8799, or the Securities Regulation Code, on insider trading, as well as other relevant rules and
regulations promulgated by government regulatory agencies. The Article, in particular, examines the
law and its related rules and regulations in relation to their declared purpose of promoting investor
confidence in the Philippines. The article concludes with recommendations of key measures, both
legislative and administrative in nature, that may be implemented to ensure the effective realization of
the declared policy of the state.

Carpio, A.T. (2014). Philippine Law Journal Historical Facts, Historical Lies, and Historical Rights in
the West Philippine Sea. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 88. No. 3.
 This lecture debunks the so-called “historical facts” relied upon by China to support its claims
over the waters, shoals and land features in the West Philippine Sea which form part of the Philippines'
maritime zones under the United Nations Convention on the Law of the Sea.
Based on ancient maps of China (from the 12th to the early 19th century) as well as Chinese
legal documents and official acts, Hainan Island has consistently been treated within and outside China
as China's souternmost territory. On the other hand, ancient maps of the Philippins show that
Scarborough Shoal, which China claims as part of its territory, has consistently been considered as part
of the Philippines.
The piece ends by unmasking the bases of China's “historical rights” over the waters and land
features in the West Philippine Sea as unfounded in fact and law.

Carpio, A.T. (2014). Philippine Law Journal Intentional Torts in Philippine Law. Diliman, Quezon
City, Philippines. University of the Philippines, College of Law. Volume 88. No. 3.

At present, almost every tort case is treated as a quasi-delict, with the result that quasi-delicts
have pre-empted the area of tort law reserved for intentional torts. The differences which distinguish a
quasi-delict from an intentional tort are beginning to be eroded. Yet even prior to the infusion of
American intentional tort priciples into quasi-delict, Philippine jurisprudence was already replete with
cases wherein intentional torts were decided as if they were quasi-delict without any discussion as to
the differences between the two. As a result of all this, our jurisprudence on torts other than quasi-delict
has suffered from atrophy and unless interest in these neglected torts is whipped up, our law on torts
will be marrred by an uneven growth that may eventually lead to a confusing merger of vastly different
tort concepts. It is therefore our belief that an inquiry into the nature, origin and scope of the more
important newly-created tort actions in the Civil Code, specifically Articles 20, 21 and 26, may
somehow help to facilitate the utilization of these neglected tort actions.

Casis, R.J. (2014). Philippine Law Journal Carpio's “Intentional Torts In Philippine Law”: A
Commentary. Diliman, Quezon City, Philippines. University of the Philippines, College of
Law. Volume 88. No. 3.

This is a brief cemmentary on the paper Intentional Torts in Philippine Law written by now
Senior Associate Justice Carpio when he was still a student in the University of the Philippines College
of Law. The paper is a seminal work which deserves a far more comprehensive and in depth analysis.
This commentary is merely an attempt to possibly initiate steps in that direction.
This commentary is also by no means an exhaustive discussion of Justice Carpio's views on
intentional torts but is limited merely to the examination of the contents of his paper as written in 1972.
We imagine that Justice Carpio, in the course of his long and illustrious career as lawyer and
magistrate, has spoken on and written about the subject on numerous other occasion's. Hence,
throughout this commentary, we would be examining the arguments made by ”the paper” in deference
to Justice Carpio's views written or spoken of elsewhere.

Cembrano-Mallari, CR.L. (2014). Philippine Law Journal Non-Appearance and Compliance in the
Context of the UN Convention on the Law of the Sea Dispute Settlement Mechanism. Diliman,
Quezon City, Philippines. University of the Philippines, College of Law. Volume 88. No. 2.
 This paper examines the nature and effects of default proceedings in disputes between State
Parties governed by the United Nations Convention on the Law of the Sea (“UNCLOS”), in three
sections. In the first section, the general provisions of the UNCLOS on the settlement of disputes, as
well as the different choices of procedure available under Article 287, are discussed, concluding with a
discussion on the impact of the rule of kompetenz-kompetenz on the Convention. The second section of
the paper highlights the problems that scholars have identified in default proceedings, by discussing the
proceedings for the non-appearance of a party in light of the different means of settlement of disputes
under the Convention. The third section of the paper attempts to identify the factors that generally
affect a State's compliance with decisions rendered by international courts. Grounded on the foregoing
discussion, this paper seeks to shed light on why State Parties pusue cases even when default is
imminent and the disadvantages of default proceedings are grave.

Cristobal, MAE.A. (2014). Philippine Law Journal De-Confusing Contractualization: Defining

Employees Engage in Precarious Work in the Philippines. Diliman, Quezon City, Philippines.
University of the Philippines, College of Law. Volume 88. No. 2.

In the face of laws that are now insufficient to address the growing need to protect the
increasing population of precarious workers in the Philippines, there is a need to clarify the coverage of
the term “contractual worker” in order to allow the laws to accord them rights and benefits. This paper
seeks to allow the law to conform to the social understanding of employment relations. The proposed
definition encompasses all employees under contract but not deemed regular, including those with
direct contracts with their employers, and clarifies which type of employment regime prevails over
each class. It also addresses the ambiguities left by the law on labor-only subcontracting by
incorporating into the Labor Code the distinctions found in jurisprudence. It is hoped that, in
introducing these definitions, along with proposed benefits in the form of specific labor standards and
mechanism to allow for unionization, the law may help alleviate the precariousness that threatens
contactual employees.

Deinla, J.S. (2014). Philippine Law Journal International Laws and Wars of National Liberation
Againts Neo-Colonialism. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 88. No. 1.

The evolution of the right to self-determination and the increasing emergence of “non-state-
actors” have brought international humanitarian law under scrutiny. This paper questions the state
monopoly on violencein the contemporary context of neo-colonialism. Granting that none of the forms
of colonialism envisaged in Article 1(4) of Protocol 1 of the Geneva Convention exist today, the paper
argues for a normative framework that calls for the internationalization of wars of national liberation
against neo-colonialism. Under this framework, it is argued that a liberal construction of Article 1(4) of
Protocol I, which would expand its scope from armed struggles against colonialism to wars of national
liberation against neo-colonialism, must be accepted. Applying the framework to the Philippine
context, this paper examines the Comprehensive Agreement on Respect for Human Rights nad
International Humanitarian Law, by which both the Philippine Government and the National
Democratic Front of the Philippines bound themselves to promote the full scope of human rights and
comply with international humanitarian law during the conduct of hostilities.
Dela Cruz, AI.P. (2014). Philippine Law Journal Not All Roads Lead to Rome: Philippine Official
Immunities and the room Statute. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 88. No. 2.

Estevez, LV. O. (2015). Philippine Law Journal Philippine Compliance with International Standards for
the Protection of Internally Displaced Persons. Diliman, Quezon City, Philippines. University of
the Philippines, College of Law. Volume 89. No. 3.

In 2013, the Zamboanga armed conflict and Typhoon Yolanda caused the displacement of
thousands of families from their homes. Despite relief and rehabilitation efforts, the lack of access to
basic needs and sources of livehood remained a problem. The absence of a comprehensive legal
framework for the protection of internally displaced persons (“IDPs”) accounts for the problematic as
hoc approach of the government in providing a long-term and sustainable solution. The Guiding
Principles on Internal Displacement (“Guiding Principle”) provide an international standard by which
relief and rehabilitation measures should be implemented. This paper evaluates the government's
compliance with the Guiding Principles in addressing the needs of IDPs and their living conditions in
evacuation centers and transitory sites. It explains the inadequacy of current laws applicable to
displacement situations. In response to the gaps in the present legal framework for IDP protection,
Congress passed a bill, the Rights of Internally Displaced Persons Act, which seeks to incorporate the
Guiding Principles into domestic law. An analysis of the strong and week points of this pending piece
of legislation is presented in this paper.

This paper discusses the interplay between the Rome Statute of the International Criminal Court
and the domestic law of the Philippines with respect to sovereign immunity. In particular, it questions
whether the Philippines has complied with international obligations following its ratification of the
Rome Statute in 2011. Following a discussion on the concepts of official immunity and presidential
immunity in Philippine jurisprudence, the paper focuses on the use of sovereign immunity as a bar to
prosecution for human rights violations and other international crimes. The running theme is how
sovereign immunity is an integral tool in a state's mythmaking process.

Fernadez, G.B. (2015). Philippine Law Journal Spaces and Responsibilities: A review of Foreign Laws
and an Analysis of Philippine Laws on Intermediary Liability. Diliman, Quezon City,
Philippines. University of the Philippines, College of Law. Volume 89. No. 4.

While the Internet facilitates a diverse assortment of methods of communication, it as well

poses a risk of harm to the exercise and enjoyment of human rights and freedoms. As a response to this,
authorities have implemented measures without directly targeting the origin nor the recipient of Internet
communications by imposing liability on the Internet intermediaries in charge of the communication
process itself. The paper forwards the vertical approach to be appropriate in dealing with the liability of
Internet intermediaries as it applies different regimes depending on the area of substantive law
infringed. With regard to specific regimes, it submits that the most reasonable regime is that of safe
harbour as it tends to balance the responsibilities of intermediaries and the burden that it has to
discharged. The paper suggests that the Philippines has impliedly accepted the safe harbour regime
based on its imposition of liability on the intermediary. However, while laws dealing with copyright,
child pornography, and cybercrime have been promulgated, they do not seem to address other areas of
regulations which other jurisdictions have addressed. Finally, it notes that Philippine intermediary laws
fail to distinguish between the nature of different intermediaries, or worse, fail to address the liability of
other types of intermediaries.

Gatmaytan, D.B. (2014). Philippine Law Journal Scholarship and Subversion. Diliman, Quezon City,
Philippines. University of the Philippines, College of Law. Volume 88. No. 3.

In 1983, the PHILIPPINE LAW JOURNAL published The Interface between National Law and
Kalinga Land Law (“Interface”). At that time, no one could have anticipated the impact that the Article
would have on the legal system and the course of Philippine history. Interface stands out today, not
because the authors, Maria Lourdes Aranal-Sereno and Roan Libarios, became Chief Justice of the
Supreme Court and President of the Integrated Bar of the Philippines respectively. It stands out because
the Article, considering the time it was published, was a subversive project. The Article was an
argument for the recognition of Kalinga land laws- a suprising suggestion to say the least. After all,
colonizers and their political progeny, the Filipino elite, had carried out the colonization program for
centuries by stamping out vestiges of indigenous laws and assimilating indigenous peoples into the
mainstream Filipino community.
At the time, the practice of stamping out “the other” or “uncivilized” non-Christian groups was
reified in the study of law. Few ever challenged the unstated premise in legal education that there was
one single legal system in the Philippines and that all other systems are to be subsumed thereunder,
Philippine law made some concessions by recognizing Muslim Personal Laws but other indigenous
legal systems were extinguished. Legal education regarded these as quiant if irrelevant relics that are
best left to historians and anthropologist. That subversive piece of legal scholarship in 1983 proved to
be part of a larger project that rattled the legal system and ended a historical injustice.
We can appreciate the impact of Interface in Philippine history if we recall that law students are
introduced to indigenouspeoples improperly as a backward race and a burden to Philippine society. In
Rubi v. Provincial Board of Mindoro,the Supreme Court dismissed a petition from a Mangyan who
challenged the validity of a law that concentrated them in civil reservations. Rubi argued that the policy
of concentration, having targeted only the Mangyans, violated the equal protections clause of the
Constitution. The Court, however, ruled in favor of the Provincial Board. In what is now cringe-worthy
language, the court held:

Geronimo, RS.Q. (2016). Philippine Law Journal How Short sales Circumvent The Capital Gains Tax
System. Diliman, Quezon City, Philippines. University of the Philippines, College of Law.
Volume 90. No. 1.

In short sales, capital gains are realized upon the replacement of the borrowed stock, and not
upon its disposition by the short seller. Therefore, a taxpayer can simultaneously own a share of stock
and short sell an identical stock to effectually dispose a share of stock without triggering a taxable
realization event and avoid capital gains tax. This creates a tax deferral opportunity unregulated by
current laws. Short sales can also lead to a complete tax avoidance scheme if the stockholder dies after
the short sale but before the replacement of the borrowed stock. The law should be amended to
recognize the delivery by the short seller of the borrowed property to a third party buyer as a realization
event and the delivery of the owned property to replace the borrowed property as another realization
event. Tthis amendment addresses the tax deferral loophole that allows avoidance of capital gains tax.

Jose, Giselle. (2015). Philippine Law Journal People v. Jumawan: Examining the Law's Silent
Treatment of Marital Rape. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 89. No. 2.

People v. Jumawan, decided in 2014, marks the very first time a documented case of marital
rape has ever reached the Philippine Supreme Court. In its lengthy decision, the highest court
pronounced as guilty a man who forced his wife to have sex with him twice without her consent in
October 1998. in affirming the ruling of a Cagayan De Oro City Trial Court and the Court Appeals, the
Supreme Court relied on the implicit recognition of marital rape as falling within the scope of Republic
Act No. 8353, also known as the Anti-Rape Law of 1997. This crucial decision, promulgated within the
term of the Supreme Court's first female Chief Justice, categorically states, “Sexual intercourse, albeit
within the realm of marriage, if not consensual, is rape.
This notice explores this oft-neglected and almost invisible topic in Philippine Legal literature
and ultimately recommends the need for statutory reform. Amending the current rape laws to explicitly
define and criminalize marital rape not only better fulfills the country's commitment to its declared
policies or gender equality under the Constitution, but also more effectively reflects the need of
Filipino women for a more substancial legal recourse against the very real injustices that may have
been committed against them, especially by those with whom they share or have shared intimate
relationships.

La Vina, A.G.M. (2014). Philippine Law Journal After More Than 100 Years of Environmental Law,
What's Next for the Philippines. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 88. No. 2.

Philippine environmental law can explored in three themes: failure, progress, and the future.
The history of Philippine environmental laws reveals several failures in the areas of indigenous
people's rights, logging and mining, air pollution, the state of the Manila Bay, climate change and
disaster risk reduction, the luck of renewable energy, and coastal/marine resources and fishers. We
have, however, relatively made progress, primarily through the Rules of Procedure for Environmental
Cases, which has provided a means for the protection and prevention of further environmental
degradation.
Ultimately, to secure the future of environmental law in the country, there must be a joint effort
of the Judiciary, Legislature, and the Executive. The Judiciary must take the bold step of establishing
environmental liability jurisprudence. The Legislature, on the other hand, must strengthen the
enforcement of land use policies, as well as the disaster risk reduction and management structure. It
must also finally pass a freedom of information act and a sustainable forest management act, with
stricter penalties.

Lynch, OJ. Jr. (2014). Philippine Law Journal Native Title, Private Right and Tribal Land Law: An
Introductory Survey. Diliman, Quezon City, Philippines. University of the Philippines, College
of Law. Volume 88. No. 3.
 Filipinos of every political persuasion lament the pervasive and enduring colonial imprint on
Philippine culture. Many fail to appreciate, however, that indigenous ethnic groups-or National Cultural
Communities-never surrendered to the colonial invaders and to this day have chosen to retain cultural
identities found only in the Philippines.
This Article focuses on the most threatining manifestation of colonial prejudice effective Tribal
Filipinos today: the ongoing loss of ancestral.

Magalang, S.M.T. (2014). Philippine Law Journal Legitimizing Illegitimacy: Revisiting Illegitimacy in
the Philippines and Arguing for Declassification of Illegitimate Children as a Statutory Class.
Diliman, Quezon City, Philippines. University of the Philippines, College of Law. Volume 88.
No. 3.

This paper, divided into three parts, expounds on the development of illegitimacy as a legal
concept, in the process inviting a critical look into the statutory classification vis-a-vis constitutional
law precepts and modern developments in human rights and child rights law. Part I traces the historical
development of illegitimacy in both civil and common law traditions, highlighting the moral
underpinnings of the present socio-legal policies concerning illegitimate children in the Philippines,
noting that while there is an overall progress towards recognition of equality, illegitimate children
remain disadvantaged in areas such as family law and succession. In Part III, the paper presents
arguments for declassification, applying both “classic” and “new” equal protection treatments; the legal
effects of recent treaty obligations of the Philippines; and the international trend towards amelioration
of illegitimate children as a class. The paper concludes by reconciling the human rights precept of non-
discrimination with the Constitutional mandate on protection of the family.

Malabanan, MK.P. (2014). Philippine Law Journal Beyond the Smoke and Mirrors: Graphic Health
Warnings and the Freedom of Expression on Tobacco Companies. Diliman, Quezon City,
Philippines. University of the Philippines, College of Law. Volume 88. No. 1.

In presenting the nature of regulations in the Philippine tobacco industry, the article discusses
the proper role of government intervention in and the extent of protection that must be accorded to
commercial speech. To assess the standard of protection, US jurisprudence offers two options: the Strict
Scrutiny test from Wooley v. Maynard, and the Intermediate Scrutiny test in Central Hudson Gas
Electric Corp. v. Public Service Commission. Here, the article applies Central Hudson to previously-
filed bills that would have compelled the use of graphic health warnings, in hopes of aiding future
legislators in drafting similar measures. The article also espouses the soft-paternalism framework in
approaching tobacco control, arguing that this is appropriate because individuals display behavioral and
cognitive biases, incuding “self control problems” and “systematic mispredictions about the costs and
benefits of choices.” The framework thus serves to reconcile the protection of freedom of speech with
the responsibility of the State to safeguard public health.

Manalo, P.R. (2015). Philippine Law Journal (Dis) Proving Foreign Law: Understanding Processual
Presumption in the Philippines and Arguing for a Confrontational Approach in Dealing with
Conflict Cases. Diliman, Quezon City, Philippines. University of the Philippines, College of
 Law. Volume 89. No. 3.

Processual presumption, described as a “well-embedded” principle in this jurisdiction, has been

largely unexplored. This paper attempts to fill that vacuum. Composed of three parts, it examines how
processual presumption operates in the cases where it was invoked by our Supreme Court. In the first
part, it inquires into the pertinent conflict areas in Philippine law where the question of foreign law, as a
fact, usually arises, surveying in the process various cases relating to the conflict areas in consideration,
observing that the application of the said concept is preceded by two steps, namely characterization and
ascertainment and application of the proper law, and it is in the second stage where processual
presumption may or may not be brought into play. In the second part, this article analyzes how, in the
conflict areas being observed, the doctrine of processual presumption functions as a tool in determining
foreign law for failure of the proponent of such a law to overcome the burden of proof imposed upon
him by our law on evidence, nothing that the proof required is remarkably technical. In the third part,
this study looks into the “apparent” exceptions to the use of processual presumption, while discussing
the dynamics involved in a conflict of laws litigation as a civil proceeding, as well as suggesting a
confrontational approach by which to avoid, as it were, the so-called problem of processual
presumption. This article concludes by reinforcing the need to go back to basics as far as conflict trials
are concerned, leaving a note to our Supreme Court for further analysis.

Nadate, AC. (2014). Philippine Law Journal Constitutional Redemption and the Road to Recognizing
Indigenous Filipinos in a Transplanted Charter. Diliman, Quezon City, Philippines. University
of the Philippines, College of Law. Volume 88. No. 3.

As a result of colonial and post-colonial legislation mired in Western ethnocentrism, indigenous

Filipino communities suffered deeply from the effects of marginalization. For hundreds of year s, they
were denied considerable social, economic, and political involvement in the administration of national
affairs and in the charting of their own fates as distinct peoples.
The recent recognition of some of their rights, however, alleviated the ignominy of the
injustices they have faced. The passing of the Indigenous People's Rights Act2 crystallized the
country's sincere though belated attempt to empower cultural minorities. Accordingly, Cruz v. Secretary
of Environment and Natural Resources (“Cruz”), which upheld the same law's constitutionality, became
more than just an ordinary case resolved on procedural grounds; the En Banc resolution, as well as the
separate opinions of Justice Santiago M. Kapunan and Justice Reynato S. Puno, created a defining shift
in constitutional law, reaffirmed the same law's redemptive value, and established a canonical discourse
on pragmatic jurisprudence.
The separate opinions of Justices Kapunan and Puno greatly relied on the legal researched
published more than 30 years ago in the PHILIPPINE LAW JOURNAL (“PLJ”) by Professor Owen J.
Lynch. As part of the Special Centennial Issue of the PLJ, this review will dicuss the impact of
Professor Lynch's articles on Cruz and demonstrate how his theses were adopted and made the critical
bases of the arguments that redefined ancestral and cultural rights and enhanced the self-determination
of the indigenous peoples of the Philippines.

Palma, Rafael. (2014). Philippine Law Journal From the Chairman of the Committee on Law, Board of
Regents. Diliman, Quezon City, Philippines. University of the Philippines, College of Law.
Volume 88. No. 3.
 That the “Philippine Law Journal” will develop the power of knowledge and achievement
which is so essential to the success of a lawyer or of one who aspires to become a lawyer; that it will
enhance the latter's knowledge of the general principles underlying all laws and of the intimate relation
of such principles with the changing conditions of social life,-such is my earnest hope.
A lawyer is in duty bound not only to render service to his clients, but also to contribute with
acquired experience to the enrichment of the scientific principles of his profession, drawing forth from
the spring of life the elixir which is to vivify the new rules and principles of science.
Progress is made up of the successful efforts of men and of their perception of living facts. Just
as society moves ever onward so scientific knowledge should not remain stationary.
It is my firm belief that the “Philippine Law Journal” will accomplish much toward this end.
And I have none but cheering words of encouragement for the faculty and student body of the College
of Law of the University of the Philippines in their laudable endeavor to publish the “Philippine Law
Journal.”
There is no doubt in my mind but that the College of Law will succeed in its efforts to form a
generation of future in leading citizens who will bring about the day in which the law and nothing but
the law will be the guiding star of a new society and a new government.

Plaza, P.P. (2015). Philippine Law Journal My Mother, My Pimp: Jurisdictional and Evidentiary Issues
in Prosecuting Internet-Facilitated Sex Trafficking. Diliman, Quezon City, Philippines.
University of the Philippines, College of Law. Volume 89. No. 4.

The Philippines is among the top ten source countries in the world for internet-facilitated sex
trafficking, which includes cybersex and child pornography. In many cases, the biological parents or
relatives themselves prostitute their own children , nephews, or nieces to sex offenders abroad. To
address this issue, as well as other internet related offenses, the Philippine Congress passed the
Cybercrime Prevention Act in 2012. Despite this law, however, cybersex and child pornography remain
prevalent. Using a blended methodology of key informnat interviews and extensive literature review,
this Article explains into the jurisdictional and evidentiary issues that hinder the effective enforcement
of the Act. The author recommends that the country accede to the Budapest Convention; enter into
more mutual legal assistance treaties (MLATs); extend the coverage of the listed crimes in existing
MLATs; make more aggressive use of current MLATs; enter into more bilateral extradition treaties;
expand the crimes listed in existing treaties; amend the provision in the Expanded Anti-Trafficking in
Persons Act on extraterritoriality to fit the principle of dual criminality; and incllude cybersex within
the ambit of continuing crimes.

Pangalanan, RL.A. (2016). Philippine Law Journal The Blurring of the Public/Private Distinction:
Obsolescence of the State Action Doctrine. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 90. No. 1.

The traditional view assumes that the state is the only threat to our constitutional rights. Hence,
the Bill of Rights operates to constrain government action alone. This view, embodied in the state
action doctrine, is under siege from progressive forces wishing to confront the shift of economic and
political power into private hands, away from democratically elected or constitutionally accountable
state agencies. Today, we recognize that private actors too can be the source of abuse. This Article
looks at emerging legal concepts that erode the state action requirement by recognizing various ways in
which the state and private actors are tightly intertwined. These concepts do not abandon the state
action doctrine altogether, but transform it to address both public evils and private wrongs.

Poblador, MC.H. (2015). Philippine Law Journal Creature of Statute: Corporate Moral Responsibility
and the Liability of Corporations Under Philippine Law. Diliman, Quezon City, Philippines.
University of the Philippines, College of Law. Volume 89. No. 3.

This paper seeks to explore the extent to which a functional conception of moral responsibility
can be attributed to corporations, particularly those organized under Philippine law. Aside from
ascertaining the corporation's capacity or fitness for moral responsibility, it seeks to explore the extent
to which criminal liability nay be imposed on corporations, largely on the basis of such corporate moral
responsibility. The extent and constraints of Philippine policy, law, and jurisprudence are examined in
this regard. It will be seen that, under the current legal framework of the Philippines, the possibility of
ascribing moral responsibility to corporations and imposing the attendant corporate criminal liability is
fairly limited. It is submitted, however, that prevailing circumstances warrant a significant change in
the accepted conceptions of corporate reponsibility and liability in this jurisdiction and beyond.

Reynes, A.B.C. (2016). Philippine Law Journal The Bed & The Bar: Regulating Attorney-Client
Sexual Relations in the Philippines. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 90. No. 1.

Attorney-client sexual relations are improper because they diminish professionalism and invite
lawyers to abuse their position of power. Foreign jurisdictions ban attorney-client sexual relations
through express or implied rules. In contrasr, there is a complete absence of any ban or regulation to
govern such relations for lawyers who practice in the Philippines. This paper proposes a rule that bans
lawyer and clients from engaging in sexual relations. A per se ban would be a valid exercise of police
power and would not violate the Due Process Clause of the Constitution. The IBP and the Supreme
Court should revise the ethical rules on professional conduct of members of the bar, taking into
account societal changes for the past quarter century since the Code of Professional Responsibility was
adopted. The new rules must contain specific provisions against conduct involving sexual relations, to
be included among the acts that have been held by the Supreme Court as improper, immoral, or
otherwise unbecoming of a member of the bar. In balancing the public and private interest in an
attorney-client relationships, the lawyer's intrests as a private indivual must ultimately yield to the
public interest impressed in the legal profession.

Romero, FR.P. (2014). Philippine Law Journal Women and Labor: Is the Economic Emancipation of
the Filipino Working Woman at Hand?. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 88. No. 3.

Women compose more than a third of the world's economically active population and 46 out of
every 100 women of working age (15 to 64 years) are in the labor force. The same ratio obtains in the
Philippines.
 Over the years, the majority of the women in our labor force have been engaged in agriculture
and related work, the 1974 figures showing 36.6% of them in said occupational group. Next to
agriculture, our women have gone into commerce, 17.9% being in the sales force, followed by an
estimated 16.2% in services (domestic and personal), sports are related occupations. Only 9.9% are
professional and technical workers and a slim 0.1% are found in administrative, executive and
management levels.
Recently, an increasing number of rural woman have forsaken the fields, lured by the more
attractive wages offered by industrial firms in urban areas, particularly those calling for finger dexterity
and attention to detail as in cigarette making, packaging, garment manufacture and the like.

Our 1935 Constitution singled out working women as objects of special protection due to their
different physiological makeup incident to their child-bearing functions and because traditionally, they
have always been an exploited group.
Section 6 of Article XIV provided: “The State shall afford protection to labor, especially
working women and minors, and shall regulate the relations between landowner and tenant, and
between labor and capital in industry and agriculture. The state may provide for compulsory arbitration.
Incidentally, such lumping of women in the same category as minors betrays the patronizing
attitude of our male legislators and national planners towards the opposite sex. Under the Spanish Civil
Code, women enjoyed no greater rights in family and property law than minors, lunatics and idiots.
Then came the 1935 Constitution which again placed working women in the same category as minors.
Even the administrative machinery created to enforce the protective legislation was called Bureau of
Women and Minors. The day woman shakes off this image that drags her down to the level of
underaged children in need of special attention and care, that they will she have come into her own.
In any event, early legislation regulating the employment of women took the form of protective
legislation as mandated by the Constitution.

San Juan. RR.K. (2015). Philippine Law Journal Protecting the Public Trust: A Framework for Online
Anti-Corruption Crowdsourcing. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 89. No. 4.

Philippine democracy has long been debilitated by systemic corruption. It is a problem which
has metastasized to the various levels of the public sector. This paper tackles the challenges we face in
search for a cure for his problem- one rooted in a history weighed down by state capture. Finding
parallels between anti-corruption legislation and the remedies a principal can invoke against an erring
agent, this paper proposes to view corruption from the perspective of an agency problem in order to
recognize the sovereign Filipino people's place in the democratic stratum. Working within the current
legal framework, it proposes the development of a populist online anti-corruption crowdsourcing site as
a democratic tool to implement the remedies available against officials who violate their duties. This
tool aims to enhance the ability of the public (as principal) to protect the public trust by providing a
remedy for direct participation in ensuring that the government (as agent) acts pursuant to its mandate.

Tamase, P.S. (2014). Philippine Law Journal Afterword: Reforming the Philippine Law Journal as a
Hundred-Year Institution. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 88. No. 3.
 It is easy to dismiss this brief Afterword as an egocentric piece, concerned solely with the
internal operations of the Journal. However, I do believe that the experience of the Journal as far as its
organization, management, and operations are concerned is valuable to other existing local law
reviews, and those that have been newly constituted or are to be formed in the future. Furthermore, the
soundness of the JOURNAL'S structure goes into its ability to filfill its obligations to the College as its
scholarly face and to the academic and legal community as an enduring guardian and advocate of
scholarship.

Tan, OF.B. (2014). Philippine Law Journal Sisyphus' Lament, Part VII: The Death of the Philippine
Law Journal. Diliman, Quezon City, Philippines. University of the Philippines, College of
Law. Volume 88. No. 3.

This paper highlights how the PHILIPPINE LAW JOURNAL, the country's leading academic
legal journal, is cited only once a year by the Philippine Supreme Court in 2004-2013. This is half the
frequency reported in the original landmark study by the same author , which was about twice a year in
1991-2003. The author attributes this to a preference of law clerks for researching foreign journals
using more easily searched electronic databases over the individual websites and print copies of
Philippine journals. What the author calls the “damning statistic” reveals a detachment of Philippine
legal academia from the judiciary, and leads one to question whether there is any effective evaluation of
Supreme Court doctrine. For example, Philippine public figure doctrine has been established to be
much broader than US doctrine, but no commentator (other than the author) pointed out how recent
decisions mistakenly cited the US doctrine instead of the Philippine doctrine. The author then discusses
other ideas for ensuring that the JOURNAL serve as the “handmaiden of jurisprudence” in the age of
social media, and raises why the JOURNAL editorial exam was scaled down to an on-the-spot essay
writing competition that lacks credibility. This essay is the seventh in series of framewords on law
review management begun by the author and continued by succeeding JOURNAL student chairs.

Tantuico, K.D. (2015). Philippine Law Journal Heritage in Law: Locating the Ifugao Terraces in the
Philippine Legislation. Diliman, Quezon City, Philippines. University of the Philippines,
College of Law. Volume 89. No. 2.

The Ifugao Rice Terraces are the famous stair-like landscapes of Northern Luzon in the
Philippines that have transformed the Ifugao landscape into functional and scenic farmlands, providing
sustenance and livelihood for centuries. This paper reviews the cultural significance of the Rice
Terraces with respect to existing laws in the Philippine and examines how the State has recognized
them as cultural treasures and implemented preservation initiatives over the years. Using official
documents of the Philippine Legislature, official reports from committee meetings of the annual
UNESCO conventions, and other related documents, this paper will discuss the political changes that
affected and continue to affect the management and conservation of the Ifugao Rice Terraces.

Te, T.O. (2015). Philippine Law Journal Legal Education in the Philippines: Confronting the Issues of
Relevance and Responsiveness. Diliman, Quezon City, Philippines. University of the
Philippines, College of Law. Volume 88. No. 3.
 Law is a reality. However vehemently one may try to assert the nullity of this formulation, he is
ultimately faced with the inescapable fact of the proposition's indubitability. Law pervades every aspect
of human relations, and it affects every person, albeit in varying degrees and with multifarious effects.
It has been urged that the idea of law should always be associated with justice and that law without
justice is a mockery, if not a contradiction, but there exists merely a tenuous relationship between law
and justice. And ironically, at times, law and justice may be considered the strangest of bedfellows. It is
therefore important that one knows what the law is, what it does and how it may be used in the most
beneficial manner possible in the hope that the ends of justice may be served through the use of law.
In developing countries like the Philippines however, the phenomenon of justice through law
would seem to be the exception rather than the rule. Frequently, injustice is foisted and perpetuated not
inspite but precisely because of the law. Because of this, the attitude of most ordinary citizens towards
the law is that of indifference and apathy.
Majority of the members of what is termed “the basic sectors,” because they are affected
adversely by the law, want nothing to do with it. Several factors may be seen to contribute to this
aversion. The judicial process is one that generates delays and expenses which often inflict inordinate
hardships on litigants, and is usually premised on values which are often hard for members of these
sectors to comprehend or appreciate, much less share. Ordinary people who seek out lawyers and go
through the court processes are handicapped by language barriers and processual complexities. It is
within this context that the law and legal education may be perceived to be irrelevant and unresponsive.
This article seeks to present a critique of the traditional system of legal education in the
Philippines as a third world nation, and present alternative concepts of legal education to confront the
issues of responsiveness and relevance.

Tiopianco, FP.P. (2015). Philippine Law Journal Rethinking Regulation: Uber and The Ride-Sharing
Industry. Diliman, Quezon City, Philippines. University of the Philippines, College of Law.
Volume 89. No. 4.

Ride-sharing services, such as Uber, have found a niche in the Philippine transportation industry
by offering services superior to taxicabs at competitive prices, and by exploiting a gap in our laws that
allow them to operate at minimal costs. Traditional regulatory approaches are proving to be inadequate
because the established framework, conceived over a century ago, did not foresee the amalgamation of
mobile telecommunications and public transportation. Considering its public safety implications, the
question for the legislature is not whether to regulate the industry but to determine the intensity of the
regulation. The article proposes a co-regulatory approach in order to find a middle ground between
nurturing new economies and creating legal protections for the riding public. But the bigger challenge
for legislators is to avoid the pitfall of force-fitting modern business into the traditional framework.

Uy, HD.D. (2015). Philippine Law Journal Asean's Legal Framework on Financial Integration.
Diliman, Quezon City, Philippines. University of the Philippines, College of Law. Volume
89. No. 2.

Historic and global events affecting international finance would befall upon this Earth that
require a rectification of their unsavory and unintended consequences. State may not have it in their
economic and political structures to respond to them. This paper illustrates how groups or entities other
than sovereign states are better fitted to approach problematic affects caused by these historic and
global phenomena. International finance, with its son and sibling, follows the same trend. Its son
consist “of the key international financial techniques of loans, bonds, equity and the diverse secondary
products deriving from these core products.” Its unintended sibling called the financial crisis has
catastrophic consequences with contagious effects across sovereign states. With the fluid nature of
cross-nation financial activities, non-state actors provide a pragmatic solution to the ever dynamic
concerns to these financial crises. This paper discusses the nature of soft law and hard law in
international law, international finance, and its context within the Association of South East Asian
Nations (ASEAN), the context of the ASEAN Way in its peculiar approach to ASEAN's regional
financial integration, and the legal framework of such a multinational relationship.