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Applicability of Women’s Honor Doctrine or the Maria Clara Doctrine: The Supreme Court decided cases and the laws relating to the rights of women
(2019)
This study determined and analyzed the cases which established and applied the Women’s Honor Doctrine or the Maria Clara Doctrine. The Women’s Honor Doctrine or the Maria Clara Doctrine enunciated the role of women in ...
A content analysis of Supreme Court decisions on Anti-Wiretapping Law and its implication to the legal system
(2017)
Albert Einstein said: “The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional ...
An analysis of Supreme Court decisions on medical malpractice: Implications to H.B. No. 4955 or the Proposed Medical Malpractice Act of 2002
(2019)
This study focused on examining the possibility and importance of a medical malpractice law in the country and explored the viability of enacting a medical malpractice law that would provide punishment for acts pertaining ...
A content analysis of Supreme Court decisions on the common violations of Republic Act No. 3019, otherwise known as the Anti-Graft Law
(2019)
Graft and corruption are problems that have plagued the Philippines for so long as our Government has been in existence. Time and time again news outlets and media report public officials, elected or not, to be involved ...
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....
An analysis of Supreme Court decisions on human trafficking: Its implications to R.A. No. 9028 or the Anti-Trafficking in Persons Act of 2003 as amended.
(2016)
Trafficking in Persons is a crime against humanity and is considered a human rights violation. Not only the Philippines but all other nations seek to eradicate It is the aim not only of our country but of every State to ...
A content analysis of Supreme Court decisions on the rule on Habeas data and its implications on the right to privacy
(2017)
Since the present President took office, there has been a dramatic rise in the number of extrajudicial killings. Some scholars dubbed this administration as one with the bloodiest campaign. It is a curious thought whether ...