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:…

Professor Antonio La Viña: Secondary evidence is justified by Rule 130 of the Rules of Court Legal lesson 3: Secondary evidence is justified by Rule 130 of the Rules of Court Sec. 5   "When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated." Professor Tony La…

Prof. Gatmaytan writes for Zeitschrift für Politikwissenschaft In an article "Duterte, judicial deference, and democratic decay in the Philippines", published by Zeitschrift für Politikwissenschaft - Journal of Political Science, Professor Dante Gatmaytan traces “democratic decay in the Philippines.”  Through a string of decisions of the Supreme Court operating under the 1987 Constitution. the Constitutional Law scholar and teacher illustrates how the Supreme Court has refused to exercise its constitutional role of judicial review of the Executive’s actions introducing an “imbalance in the separation of powers.” Professor Gatmaytan concludes that “By judicial inaction, the Executive... becomes unfettered by any constitutional constrictions.”…