Prof. Jay Batongbacal on the PH-US Mutual Defense Treaty and the "Grey Zone" Chinese strategy In two separate reports, Professor Batongbacal talks on Chinese strategy in the West Philippine Sea and the MDT in wake of US Secretary of State Mike Pompeo's visit. *** Prof. Batongbacal refers to the “grey zone” Chinese strategyMalaysian news site Benar News cited Maritime analyst Dr. Jay Batongbacal in its report Philippines: Activists Protest against Chinese Blocking Fishing Boats.  Referring to the fifty Chinese boats blocking Filipino fishermen in Kalayaan Islands, Prof. Batongbacal spoke of the “grey zone” strategy He explained that civilian vessels are…

Prof. Te: Deep freeze for the constitutional guarantee against ex post facto laws In the column “Deep Dive” of 15 Feb. 2019, Professor Theodore Te dissects the arrests of Rappler CEO Maria Ressa and of former Rappler researcher Reynaldo Santos, Jr., on grounds of the constitutional prohibition against ex post facto laws. The theory of the DOJ on cyber libel being a “continuing crime” and its prescriptive period being subject to “multiple republication,” is what the court will have to resolve, writes Professor Te. His position is that “multiple republication” or “continuing crime” are not principles that apply to libel,…

Prof. Theodore Te: "EJK finally defined but is it a crime?" Prof. Theodore Te highlights the inclusion of the definition of Extrajudicial Killings (EJKs) within the Republic Act No. 11188, passed on 10 January 2019. And while the statute does not criminalize the act, Prof. Te places value in it as "the mere definition of EJKs in a statute represents a significant step forward in providing justice to many victims of EJKs over the years," for him. In his column “Deep Dive” on the Rappler news site, the law scholar who teaches Criminal Law points out, however, that “the definition[of EJKs] is…

Prof. Gwen Grecia-De Vera: "Intellectual Property Rights and Competition Law: A Context for Coordination and Harmonization" "Intellectual Property Rights and Competition Law: A Context for Coordination and Harmonization" Prof. Gwen Grecia-De Vera Link: Ateneo Law Journal Vol. 62, No. 4, 2018 In enacting the Philippine Competition Act (PCA), does the Philippines’ pursuit in combating disadvantageous monopolies defeat the rights given by the Intellectual Property Code, as well as the constitutional mandate to preserve technology, knowledge, and the arts? To answer the question, the Author looks into the two laws mentioned, determines the possible conflicts between them, and attempts to find a…

Prof. Theodore Te: Legal lesson on service of Penalty Professor Theodore Te, who teaches Criminal Law in UP, explains the Sandiganbayan ruling convicting former First Lady Imelda Marcos of graft, under RA 3019. In Rappler’s online column “Deep Dive” Professor Te, who served as Court Administrator until recently, touched on questions such as: the effect of age on the 89 year old Marcos serving her sentence; her absence in court on the day of promulgation as required under the Rules of Procedure; whether she can post bail in the event that she appeals the ruling to the Supreme Court; and…

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:…