Authors: Jay L. Batongbacal, JJ Disini, Michelle Esquivias, Dante Gatmaytan, Oliver Xavier A. Reyes, and Theodore Te (20 minutes reading time, 6,487 words) In this paper, professors of the UP College of Law recommend an implementation framework for temporary alternative court procedures to facilitate the prompt resumption of court proceedings despite the health risks posed by the COVID-19 emergency. This is in recognition of the effects of the pandemic to the judicial system, including its consequences on the efficient operation of the courts to its general impact on the rule of law. The authors formulate short-term, medium-term, and long-term approaches to…

Reflections on the Bayanihan Act or Republic Act No. 11469 (“the Act”) with Matrix of Presidential Powers Under Existing Laws to Meet Emergencies, Including the Covid-19 Crisis (5 minutes reading time, 1,249 words) The article summarizes the discussion among UP College of Law professors belonging to the Constitutional Law Cluster on Republic Act No. 11469 or Bayanihan Act. It also contains a comparative chart of the presidential powers in the Bayanihan Act and existing statutes. Emergency powers do not justify violations under the Bill of Rights, particularly freedom of expression and of the press, repression of the right against unreasonable…

Gender Law and Policy Program Opinion Receives Affirmation In a first for the fledgling Gender Law and Policy Program of the UP College of Law, the Insurance Commission affirmed GLPP’s position that LGBTQ members may designate beneficiaries of their choice in their insurance plan. Earlier Professor Leo Battad, program director of the Gender Law and Policy Program had sought the Commission’s “guidelines on the right of the insured to designate a beneficiary, particularly the rights of members of the LGBTQ community to designate their domestic partners as beneficiaries of their life insurance.” Affirming this position, the Commission issued a legal…

Primal Liberty vs Rule of Law: lawfare in times of democratic backsliding At a Forum on Lawfare: weaponizing the law against democratic dissent, leading civil liberties advocate Dr. Pacifico Agabin, former Dean of the UP College of Law, put in context the terms “lawfare”, “weaponizing the law” and the “rule of law”. Associating the former two with democratic backsliding, he averred that the latter term “should not be taken out of its overarching purpose to protect political speech or political dissent;” that it should be anchored on “the primal values of our Constitution.” Citing American judge Learned Hand, Dean Agabin…

Judge Raul C. Pangalangan lectured on “Comparative Perspectives in International Criminal Justice” UP College of Law Professor and International Criminal Court (ICC) Judge Raul C. Pangalangan lectured on “Comparative Perspectives in International Criminal Justice” in the forum organized by the Philippine Society of International Law (PSIL), in cooperation with the UP Law Center Institute of Human Rights (IHR) and Institute of International Legal Studies (IILS). The event, which was held in the UP Bonifacio Global City campus last January 31, 2020, opened with a remark from PSIL President and IHR Director Prof. Elizabeth Aguiling-Pangalangan, followed by Department of Foreign Affairs…

Lawfare - misuse of the law to go after perceived political enemies In a extensive interview Professor Antonio La Viña presented a thoughtful reflection on what needs to be done in the face of the number of cases using lawfare to go after critics of the government, be they in business, activists, opposition politicians, religious people, or perceived dissenters in the provinces. Civil Liberties defender-lawyer La Vina, expressed alarm at how “we are at the stage where law across the board is being used to go after those this administration thinks is their enemy – the law is being used…