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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 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 ...
A critical analysis of laws and jurisprudence on gender equality: Its implications to legislators and policy makers
(2016)
This study is a qualitative research aimed to conduct a content analysis on certain laws and jurisprudence as to their adherence to the constitutional principle on gender equality and to determine its implications to ...
The effectiveness of Socratic method and lecture method as teaching strategies in the bar performance as perceived by the law graduates of a certain University in Iloilo City
(2016)
This investigation was undertaken to find out whether or not Socratic method or lecture method as teaching strategies in the bar performance as perceived by the law graduates of a certain University in Iloilo City is ...
A content analysis of Supreme Court decisions on the common grounds of suspension and disbarment of lawyers
(2016)
This study was conducted to analyze the Supreme Court decisions from 2010-2014 on the common grounds for suspension and disbarment of lawyers. The researcher selected fifty-seven (57) samples of suspension and disbarment ...
A content analysis of laws and jurisprudence on maritime laws: Implications to the security and welfare of Filipino seafarers
(2016)
The humane treatment of seafarers has been a long standing issue synchronic with the evolution of seafaring. Their categorisation as a special group of maritime workers was borne out of the distinctive nature of their work ...
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 phenomenological study on the proliferation of volunteer nurses: Its implication to labor laws and legislations
(2016)
This phenomenological study was primarily conducted to analyze the implication in labor laws and legislation of the proliferation of volunteer nurses. Specifically, this study aimed to establish the fact of the proliferation ...
A content analysis of Supreme Court decisions on the acquittal and conviction of drug related cases under R.A. 9165 (otherwise known as the Comprehensive Dangerous Drugs Act of 2002)
(2016)
This content analysis was conducted to analyze the acquittal and conviction of drug related cases under R.A. 9165 from 2012-2014. During the said period, the Highest Court has decided one hundred forty five (145) cases. ...