College of Lawhttps://hdl.handle.net/20.500.12852/422024-03-28T10:37:09Z2024-03-28T10:37:09ZThe lived experiences of RTC judges in RTC Iloilo Hall of Justice in the implementation of judicial dispute resolution in the speedy disposition of casesGelvoleo, Jose Gene T.https://hdl.handle.net/20.500.12852/17982021-12-14T06:00:18Z2018-01-01T00:00:00ZThe lived experiences of RTC judges in RTC Iloilo Hall of Justice in the implementation of judicial dispute resolution in the speedy disposition of cases
Gelvoleo, Jose Gene T.
This study was conducted to explore the lived experiences of RTC Judges of Iloilo Hall of Justice in the implementation of the Judicial Dispute Resolution (JDR) in the speedy resolution of cases in reference to A.M. No. 11-1-6-SC-PHILJA issued last January 11, 2011, providing guidelines for JDR. The tenor of the memorandum is to improve the quality of judicial services and access to justice to those who would opt not to go through the traditional, adversarial, and adjudicative litigation in the court. It has four-fold benefits: to unclog court dockets, achieve speedy disposition of cases, enhance access to justice, and humanize the judiciary. JDR is consonant with the mandate of the Constitution on the speedy disposition of cases and the provisions of the Civil Code, Title XIV on Compromises and Arbitrations (Articles 2028 and 2029).
JDR benefits the parties by affording them freedom to make their own arrangements to resolve their dispute under the leadership of the judge. Thus, judges move from the traditional role they play by taking off their robes and preside in the middle of the dispute. It covers peaceful settlements of dispute in civil case and also covers some criminal cases except those which cannot be compromised as discussed in this study with great weight. In criminal cases, only the civil aspect is submitted for JDR if settlement is reached. Action on the criminal aspect of the case will be determined by the Public Prosecutor, subject to the appropriate action of the court.
The Appropriate Research Design is qualitative based on interviews on the lived experiences of RTC judges in RTC Iloilo Hall of Justice in the implementation of the Judicial Dispute Resolution in the speedy disposition of cases. Results of the interviews, review of related studies and the provisions of the law are examined through narrative analysis.
The design used was qualitative descriptive phenomenology. Saturation point was attained after interviewing five (5) RTC Judges. Results revealed that parties to the case are given an opportunity to resort to J DR in applicable cases for it helps them in the speedy disposition of cases through peaceful and inexpensive resolution of disputes. Ultimately, JDR de-clog court dockets.
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2018-01-01T00:00:00ZFactors that influence the Bar examination results among the law graduates of a selected school in Iloilo CityBatan, Raphael Mark P.https://hdl.handle.net/20.500.12852/15372021-10-12T07:00:14Z2015-01-01T00:00:00ZFactors that influence the Bar examination results among the law graduates of a selected school in Iloilo City
Batan, Raphael Mark P.
Background and Rationale
The long wait for the result of last year’s bar examination was finally over when the Philippine bar examinations results of October 2014 Bar Examinations was released on Thursday, March 26th 2015 by Supreme Court (SC). Supreme Court said that 1,126 out of 5,984 (18.82 %) examinees passed 2014 bar exams, passing percentage being lowered from 75% to 73%.
The 2014 examination was conducted on the four Sundays of October (5, 12, 19 and 26) at the University of Sto. Tomas in Manila. The Philippine Bar Examination consists of eight law subjects and it covers 20% multiple choice questions and 80% essay type questions, same with previous year examination structure.
Of the 6,370 law students who applied for the last year’s bar exams only 6,344 made it to the final cut. More than 300 backed out during the four Sundays of the exams conducted at the University at Santo Tomas in Manila in October.
A student at San Beda College of Law, Irene Mae Alcobilla, score a grade of 85.5 and topped among the 1,126 graduates who passed the 2014 bar examinations.
For years, law professionals, and related-people had their own prediction of which students’ status was more positively associated with passing results in taking the bar exam. Law professors, specifically from CPU, expressed their prediction about which students’ status is associated with success in the Bar exam. While Law professors are more informed and experienced to make predictions on which students would pass the Bar, their statements are still merely opinions and are not empirically proven.
Legal profession is a privilege not easily attained. According to Ruben E. Agpalo, “The Law is not trade nor a craft but a profession. Its basic ideal is to render public service, secure justice for those who seek its aid. If it has to remain an honorable profession and attain its basic ideal, those enrolled in its rank should not only master its tenets and principles but should also, by their lives, accord continuing fidelity to them. This obligation is not an easy task, and its performance is made difficult by the ever growing pressure of commercialism in all fields of human endeavor as well as by the fact that those tenets and principles had steadily grown through the years from numerous and scattered sources.”
With the amount of money, time and effort expended by bar examinees, it is an ideal expectation that bar results would be higher and more lawyers will be produced so as to answer the crying need of society. However, past and current data show that bar exam results are far way down from ideal expectations. According to Wikipedia, after the end of the Second World War, the passing rate in the succeeding years was remarkably high, ranging from 56 to 72% percent. However, after Associate Justice J.B.L. Reyes, a noted scholar, was appointed Chairman of the 1955 Bar Examinations, the passing rate for that year dropped dramatically to 26.8%, with a mortality rate of 73.2%. That ratio has been invariably maintained in the 50+ years since.
The gaps or discrepancies between the ideal turn out of more passing the bar examinations and the barely 20% of the total number of examinees becoming lawyers justifies the conduct of this study.
This study is aimed at finding out the Factors that influence the bar examination results among the Law Graduates in a selected school in Iloilo City. This study is also designed to know whether or not a significant relationship exists between students’ working status, gender, and civil status and the bar examination results.
Statement of the Problem
The purpose of this study was to find out the Factors that influence the bar examination results Among the Law Graduates in a selected school in Iloilo City. In this study, variables such as students’ status, gender, and civil status are properly considered and described. This study is also designed to know whether or not a significant relationship exists between the stated variables and the bar examination results.
Specifically, this study sought answers to the following research questions:
1. What are the characteristics of the bar examinees in terms of a.) Gender b.) Civil Status and c.) Working Status?
2. What is the bar performance of the examinees when taken as a whole?
3. Is there a significant relationship between bar examination results when students are classified according to a.) Gender b.) Civil Status and c.) Working Status?
Introduction and statement of the problem
2015-01-01T00:00:00ZA discourse on the feasibility of granting medical parole or medical furlough in the Philippines: Implications to the criminal justice system and penologySiano, Rex B.https://hdl.handle.net/20.500.12852/11472021-07-01T03:00:12Z2016-01-01T00:00:00ZA discourse on the feasibility of granting medical parole or medical furlough in the Philippines: Implications to the criminal justice system and penology
Siano, Rex B.
This study was conducted to determine the feasibility of granting Medical Parole in the Philippine jurisdiction in order to address the problem of congestion in different penitentiaries in the country. Further, it aimed to identify the advantages and disadvantages and the possible implementation of this measure in the Philippine jail management system.
This is a qualitative study using content analysis research design. This study included the different views of the key informants coming from different sectors who are the subjects of this study.
By way of comparison, from the total number of twelve (12) key informants, coming from law practitioners, Medical practitioners and prisoners; there were ten (10) key informants who agreed that medical parole should be implemented, compared to only one (1) key informant who stated that it is ineffective while the other one (1) key informant stated that its effectiveness will depend on the proper implementation of the said law. The ten (10) key informants were comprised of three different stakeholders, namely: three (3) doctors, two (2) lawyers and five (5) inmates. While the remaining two (2) key informants were all lawyers.
The results of this study supported the researcher’s assumption that implementation of Medical Parole is an effective tool in preventing congestion in jails and will provide a more humane condition for the inmates that could benefit from the enactment of the law. The data indicated that the medical parole is effective from the perception of the subjects of this study. There is a possibility of studying whether this new measure could be possibly used in the Philippine Legal System.
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2016-01-01T00:00:00ZA content analysis of Supreme Court decisions on DNA Testing before and after the effectivity of the 2007 Rule on DNA EvidenceAlmeñana, Necita Joy T.https://hdl.handle.net/20.500.12852/11462021-07-01T03:00:12Z2014-01-01T00:00:00ZA content analysis of Supreme Court decisions on DNA Testing before and after the effectivity of the 2007 Rule on DNA Evidence
Almeñana, Necita Joy T.
DNA is a molecule that encodes the genetic information in all living microorganisms. A person’s DNA is the same in each cell and it does not change throughout a person’s lifetime. The DNA in a person’s blood is the same as the DNA found in his saliva, sweat, bone, the root and shaft of hair, earwax, mucus, urine, skin tissue, and vaginal and rectal cells. Most importantly, because of polymorphisms in human genetic structure, no two individuals have the same DNA, with the notable exception of identical twins.
DNA Testing is the most powerful tool for human identification. Since its discovery in the mid-1980s, DNA profiling had caused a paradigm shift in the identification of victims, perpetrators and witnesses in numerous cases. Recent advances in forensic DNA testing are now paving the way for reforming the manner by which cases are resolved in courts of law through the way suspected offenders are apprehended during a criminal investigation.
The Supreme Court has issued a Rule on DNA Evidence, which took effect on October 15, 2007. The Rule provided, among others, for the procedure in the application and order for DNA Testing, the Court’s assessment of the probative value of DNA evidence, the evaluation of DNA Testing results, and post-conviction DNA Testing. This study was conducted to determine the different cases decided by the Supreme Court before and after the effectivity of the 2007 Rules on DNA Evidence (A.M. No. 06-11-5-SC). This study aimed to examine the salient points of the Rule on DNA Evidence by discussing the manner of presenting DNA evidence, determining the steps in DNA analysis, identifying the types of DNA testing, classifying the uses of DNA testing, and assessing the probative value and weight of DNA evidence.
DNA analysis is used in the identification of dead bodies, studying the evolution of human populations, studying inherited disorders, identifying potential suspects whose DNA may match evidence left at crime scenes, exonerating persons wrongly accused of crimes, and establishment of paternity and other family relationships.
There are several technologies being used in DNA analysis and these are Autosomal DNA Analysis, which may use Restriction Fragment Length Polymorphism (RFLP), Polymerase Chain Reaction (PCR), or Short Tandem Repeat (STR) techniques, Mitochondrial DNA Analysis, and Sex Chromosomal Analysis, which employs Y Chromosomal Analysis or X Chromosomal Analysis.
This study employed twenty-five (25) cases decided by the Supreme Court, which involved DNA testing. The cases were arranged in chronological order. Sixteen (16) cases were decided before the effectivity of the Rule and nine (9) cases were decided after the effectivity of the Rule. Ten (10) cases involved paternity and filiation and fifteen (15) were criminal cases. Out of the sixteen (16) cases that were promulgated before the effectivity of the Rule on DNA Evidence, four (4) cases were subjected to DNA testing. Meanwhile, four (4) out of nine (8) cases promulgated after the effectivity of the Rule were subjected to DNA testing.
Although the Rule on DNA Evidence provided the guidelines in the collection, handling, and storage of DNA samples, DNA results were often challenged due to the chain of custody, qualifications of the expert, reliability of the technique for testing evidence, reliability of the analyst(s) performing work, reliability of the laboratory in which testing was performed, contamination of evidence and/or test results, mishandling of evidence, human error during testing, bias in testing, lack of information regarding when and how the DNA was deposited on an item, and lack of control over the handling of the evidence prior to receipt in the laboratory.
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2014-01-01T00:00:00Z