The President’s Health: A Duty to Disclose

by Prof. Dante B. Gatmaytan   “It is a ministerial duty on the part of the Office of the President to make the status of the President known to the public. What is discretionary is the manner in which it is to be released.” Professor Dante Gatmaytan discusses his observations and opinion regarding the recent dismissal by the Supreme Court of the case of De Leon v Duterte, where for the first time since 1987, Section 12 of Article VII of the Constitution which provides that "[i]n case of serious illness of the President, the public shall be informed of…

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The Role of Courts in an Era of Content Moderation

by Jenny Domino It is very likely that social media will serve as the battleground for posts that can run into vaguely worded penal provisions under the [Anti-Terrorism Law], such as the crime of 'inciting to commit terrorism.' This should not be a problem in a rights-respecting democracy; independent courts can make a determination of illegality after observing due process guarantees. As Facebook’s Oversight Board begins to hear cases, do courts have a lesser role to play in resolving questions of speech? This week, Facebook’s Oversight Board has invited public comment for its first batch of content cases. The Board is the…

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When getting ‘91% approval’ means things are really bad

by John Molo 'When you live in a shanty, you are keenly aware how one loose comment can reach the wrong person, and get you kicked out. And that was before the drug war, not to mention the pandemic.' When Pulse Asia released its findings showing that the President had a “91% approval rating,” it received a lot of pushback. Being neither Dilawan nor DDS, I was more surprised about the actual numerical rating than the fact that it was still high. The President remains popular. But a President remaining popular is one thing; getting a “91% approval rating” is…

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Bombs or Disease: The false choice in Myanmar’s conflict areas

by Jenny Domino If Myanmar needs a guide in its fight against COVID-19, it need look no further than what human rights law already demands of it. As COVID-19 cases surged in Rakhine State in late August, State Counsellor Daw Aung San Suu Kyi affirmed that government responses to the pandemic would not discriminate based on faith or ethnicity. No one would be left behind in the fight against COVID-19, she promised. These words carry particular weight in northern Rakhine, where an ethnic-based armed conflict persists. Fighting between the Myanmar military and the Arakan Army has led to the death,…

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UP Law Faculty Blog

FACULTY BLOG Our Faculty Blog is a space for various commentaries and learning materials (audio, video, or interactive media) from UP Law professors and faculty members. Individual contributions published here do not necessarily reflect the opinions, stands, and values of the UP College of Law and UP Law Center. To sign-up, please contact the Information and Publications Division (IPD) via email: ipd_law.upd@up.edu.ph — detailed instructions on how to send in contributions or how to make a blog post will also be sent through your email.VIEW RECENT POSTS Sample Blog Entry (Guide to Posting Blogs) First Name Last Name January 1,…

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