Search
Now showing items 1-10 of 26
Changing the landscape of trafficking in persons: An analysis of Supreme Court decisions on human trafficking
(2015)
This study was conducted to identify, analyze and compare the Supreme Court decisions related to all forms of trafficking before and after the implementation of Republic Act 9208 otherwise known as the Anti-Trafficking in ...
A treatise on territorial and maritime disputes in West Philippine Sea: Its implication to the sovereignty of the Philippines
(2014)
Amongst the pivotal issues of international law is the aftermath of the multifold territorial and maritime disputes.
As discussed by Prof Merlin M. Magallona in his book, “Fundamentals of Public International Law”, the ...
A content analysis of Supreme Court decisions with implications of judicial legislation
(2016)
ʺBalikan ninyo ang mabibigat at kontrobersiyal na isyung kinaharap ng hudikatura, gaya ng mga panahong nagging kataka-taka ang posisyon ng isa o iilang mahistrado, kung kalian biglang nagbago ang pananaw ng korte sa mahahalagang usapin, o tila nagkaroon ng judicial legislation (Look back at the controversial issues faced by the judiciary, like situations when the position of one or a few justices were puzzling, when the court's decision about an important issue suddenly changed or there is so-called judicial legislation),ʺ ---President Benigno Aquino III
The Philippine Government is divided into three branches namely, the Executive, the Legislative and the Judiciary. The Legislative department enacts the laws, the Judiciary interprets them and the Executive is charged with the enforcement of such laws. Pursuant to the Doctrine of Separation of Powers, each branch is precluded from interfering with the functions of the other branches. However, the Judiciary seemed to have encroached upon the functions of the Legislature by committing judicial legislation.
The purpose of this study was to determine the cases decided by the Supreme Court with implications of judicial legislation. Specifically, it aimed to determine the type of cases where the Supreme Court committed judicial legislation, the frequency the High Court commits such and the reasons that induced it to commit a violation of the doctrine of separation of powers.
Using information provided in Supreme Court decisions, Legislative Journal, official publications, on-line resources and numerous articles, the data gathered were analysed in order to assess the probable impact and legal implications of judicial legislation in order to make a recommendation that would help in avoiding the commission of such violation of separation of powers.
The researcher used the content analysis and studied the cases decided by the Supreme Court from 2005-2015 which were said to have implications of judicial legislation. Of the nine (9) cases with implications of judicial legislation, five (5) were administrative cases, three (3) were civil cases and only one (1) was a criminal case. The Supreme Court was careful enough not to commit judicial legislation in their rulings as evidenced by the fact that only one or two cases every year from 2005 to 2015 were with implications of judicial legislation. The main reason behind the commission of the High Court of judicial legislation is that it wanted to give the law a construction that reflects the intent of its framers.
The Justices of the Supreme Court may have the best intentions in deciding cases filed before them and in construing the applicable laws in such cases. However, if something is missing in the law, the Judiciary is without power to supply the said missing piece because such is the duty of the Legislative department. The Supreme Court acts with grave abuse of its power in amending a legislative act in the guise of construction....
A critical analysis of P.D. No. 968 otherwise known as the “Probation Law of 1976”: Its implication and role in restorative justice
(2019)
The Presidential Decree No. 968, otherwise known as the Probation Law of 1976 was enacted on July 24, 1976 by President Ferdinand E. Marcos. This law was upon the promulgation of this law, hailed by criminal justice experts ...
A comparative study of the common grounds for annulment in canon law and civil law and the possibility of a legal accommodation
(2019)
This study conducted a point-by-point comparison of law of the Roman Catholic Church and the law of the Republic of the Philippines with regard to the grounds for annulment and the process that is involved in their respective ...
A critical review of the current income tax holiday granted to mining companies in promoting investments in the mining industry
(2016)
This study was conducted to analyze the effectiveness of the current Income Tax Holiday granted to mining companies in promoting investments in the mining industry. It also aimed to determine the advantages and disadvantages ...
A content analysis of Philippines’ Anti-Money Laundering Act (Republic Act No. 9160) and its amendments
(2017)
This study was conducted to analyze the content of Philippines’ Anti-Money Laundering Act and its amendments and the convictions under the law. The study utilized a non-experimental qualitative-content research. The study ...
Critical analysis on impeachment proceedings in the Philippines: Proposed amendments
(2019)
Impeachment proceedings which are supposed to be an abstract activity are no longer valid because of the practical implications that go with it. The proceedings are not lodged in traditional institutions of law but are ...
A discourse on the feasibility of granting medical parole or medical furlough in the Philippines: Implications to the criminal justice system and penology
(2016)
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 ...
The feasibility of reducing personal income tax in the Philippines: Its implications to National Internal Revenue Code and National Revenue
(2018)
This study was conducted to determine the feasibility of reducing personal income tax in the Philippines. Qualitative Study approach particularly Economic Feasibility was used in the study.
The power of taxation proceeds ...