Maritime Law expert critiques proposed constitutional amendments on Philippine sovereignty Professor Jay Batongbacal, Director of the Institute of Maritime Affairs and Law of the Sea of the UP Law Center made some fundamental comments on Constitution making. In an ANC Early Edition interview, he critiqued draft amendments to Articles 1 and 2 (Philippine Territory) of the Constitution being proposed by the Consultative Committee to review the Constitution. He observed that the Articles should be succinct in that they should avoid details in the description of the national territory and should provide for flexibility.  The good Professor explained that the Constitution is for all…

Prof. Tony La Viña: The Future of our Constitution Commenting on Professor Dante Gatmaytan’s professorial lecture on “The Role of the Judiciary in Constitutional Deconsecration,” columnist of Eagle Eyes, Tony La Viña, reflects on the impact of the quo warranto Hearing in the Supreme Court, against Chief Justice Sereno.  The article reflects on the likely impact — of a decision granting the petition — on: constitutional rule, the judiciary itself, and on the teaching of constitutional law in the country; whether the quo warranto case can be properly decided pro hac vice; and that “it will radically overturn our constitutional system not just of accountability but also of…

Prof. Dante Gatmaytan: 2018 Estelito P. Mendoza Professorial Chair Lecture Professor Dante Gatmaytan, holder of the Estelito P. Mendoza Professorial Chair in Law delivered his annual lecture for 2018, on The Role of the Judiciary in Constitutional Deconsecration: The Philippines Under Duterte, on 16 April at the UP College of Law. The lecturer expounded on how constitutional amendments may not be enough in strengthening the Courts, and how in the face of constitutional collapse courts cooperate in their own demise by refusing to challenge executive abuses. Gracing the occasion was the donor of the Chair, Solicitor Estelito Mendoza who also delivered a comment during the…

ANC interview with Professor Jay Batongbacal on PH-China joint exploration: "Legality is still an open question." In a 10-minute interview on ANC’s Headstart, UP Law’s maritime expert Dr. Jay Batongbacal, gives an expert understanding of what joint explorations with China in the West Philippine Sea would entail. Stating that there is no “clear cut legal policy (nor experience) on joint development with another State,” Professor Batongbacal argued the cost-effective aspect of such exercise.  He touched upon the economic benefits attached to joint maritime explorations with China and presented the legal barriers to such partnership. “On the question of legality it is still…

Prof. Tony La Viña: "Wrong Premises of ICC Withdrawal" The Philippine Executive  recently announced an immediate withdrawal of its membership from the International Criminal Court. The main argument raised by the Duterte administration is the unenforcability of the Rome Statute in Philippine jurisdiction, due to lack of its publication as required by domestic law. In the first of a 3-part series on the Philippine withdrawal from the ICC, Professor Antonio La Viña begins with a refutation of two grounds invoked by the Government: lack of publication of and alleged fraud. In “Wrong premises of ICC withdrawal,”  Eagle Eyes columnist Tony…

Ex post facto law prohibited under the Constitution: lesson in CrimLaw UP Law Professor JJ Disini provided a short lesson in Criminal Law on a possible unconstitutional application of the Cybercrime Act of 2017. He specifically referred to the cyber libel complaint filed with the DOJ, by the NBI, against officers of Rappler, an online news site. Professor Disini who specializes in the field of cybercrime law pointed to Article III, Section 22 of the Constitution, which directs that “noex post facto law or bill of attainder shall be enacted.” He also dismissed the theory that cyber libel was “indubitably…