Maritime Law expert discusses draft code of conduct between ASEAN and China In a continuing public conversation on the subject, Director of IMLOS Professor Jay Batongbacal discusses the draft code of conduct in the South China Sea that is being proposed between ASEAN and China. Recognized for his expertise in the Law of the Sea, Professor Batongbacal is oft sought by print and broadcast media to explain the rapid developments taking place in the waters of the Region. The first three of these discussions may be accessed at : ASEAN draft code of conduct with China signals start of negotiations:…

Expert commentary on proposed draft federal constitution Lawyer-Columnist Antonio La Viña, who teaches in several law schools in the country, joins the public discussion on the Draft Federal Constitution proposed by the  Puno Consultative Committee on Charter Change. According to Professor La Viña “changing the Constitution is a whole-of-the-country project, an arduous and challenging task. It is my hope that my “Eagle Eyes” series on Charter change, will assist everyone as we move forward with this debate.” “Text and context in Charter change debate” which appeared in the Manila Standard of 10 July 2018 can be accessed at:http://manilastandard.net/opinion/columns/eagle-eyes-by-tony-la-vina/270101/text-and-context-in-charter-change-debate.html while the 14th July, column on  “Best and worst in Puno…

Prof. Tony La Vina: A Tale of Two Chief Justices It begins in law school EAGLE EYES columnist Tony La Viña of the Manila Standard, in yet another thought provoking article, walks the reader through the removal of two Chief Justices by a “President-led” effort “to oust independent officials. Professor La Viña, who teaches in several law schools, lays the responsibility on the Constitution, when he writes that “No constitutional safeguards are sufficient to counter his or her [the President’s} power.” Bewailing that “our government institutions remain weak, are corruptible and only as good as the men and women who…

Ang Atin ay Atin: Message of independence asserted during Prof. Hilbay's talk on the West Philippine Sea "Ang Atin Ay Atin" _.   _.   Malcolm Hall played host to Vice President Leni Robredo and Professor Hilbay who, in a pre-Independence Day event, spoke before a gathering of the Kaya Natin Movement and UP Law constituents, on 11 June 2018.Constitutional Law Professor and former Solicitor General Florin Hilbay gave a two-hour talk on the "West Philippine Sea: Issues and Policy," explaining the Philippines vs China case argued before the Hague Tribunal, the implications of the decision in favor of the…

Prof. Tony La Viña: Vagrancy laws as instruments of oppression The doctrine of parens patriae invoked by  President Duterte, in ordering a campaign against ‘tambays’ (loiterers), is distorted, explains Lawyer Tony La Viña in a 5-point article carried in the Manila Standard column ‘Eagle Eyes.’ “The legal doctrine is not at all about the President being the father or parent of the  citizens. It is the State in its entirety that has this role,” he clarifies. Professor La Viña, who teaches, Legal History and Legal Philosophy, points out that vagrancy has been decriminalized in the statute books and that historically anti-vagrancy laws have been feudal in nature. “ ‘Tambay’ and a distorted parens patriae” can…

“There is no ‘co-control’ of Scarborough Shoal” – Prof. Jay Batongbacal During an interview in ANC’s Early Edition program on June 26, 2018, Prof. Jay Batongbacal stated that the incidents when Filipino fishermen were repeatedly harassed by the Chinese Coast Guard at the Scarborough Shoal definitely did not show a “co-control” of the area. Disputing Foreign Secretary Alan Peter Cayetano’s statement that the Philippines was jointly in control of the territory with China, the maritime expert pointed out that the area lacked the presence of Philippine authorities that will protect the fishermen’s interests. “Ideally, the government should work towards China’s…