UST Law Review

UST Law Review The ULR is a student-edited law journal committed to the development of law & society. In the academic year (A.Y.) 2003-2004, the ULR resumed its operations. A.

-A Glimpse of History-

Beginning its operations in 1950, the ULR made its regal entry in the field of legal publication with former Chief Justice Andres Narvasa as its first editor-in-chief. Since then, the ULR became a vehicle for lead articles by law professors and members of the judiciary and for case summaries by member-students, aside from separate sections on Book Reviews and Recent Legisla

tions. In effect, it paved the way for enriching legal and scholarly discourse among members of the academe. It became a tool not only in updating its readers on the developments of law, but more importantly, it evolved as a medium for the exploration of the uncharted regions of law, the discussion of pressing legal issues, and the search for solutions to address the problems and loopholes in the legal framework.cj-andres-narvasa. However, due to unfortunate circumstances, the ULR suffered a temporary setback in the year 2000. Its publication ceased for unknown reasons, but whether it be the dissipating zealousness or the lack of administrative support is now of no moment. What’s significant is that fate did not leave the publication in the oblivion. Through the overwhelming initiative of former Dean Augusto K. Aligada, Jr., the unconditional support of former Regent Fr. Javier Gonzalez, the commendable leadership of Atty. Rene B. Gorospe, and the enthusiasm of a group of eager law students, Volume XLVIII was released. Considered to be ULR’s renaissance, the volume was wrapped with a much higher standard, daring to be at par with the other Law Reviews internationally respected. It emerged to be a piece of work in which those who toil with it had an uplifting sense of accomplishment and achievement. Two years after, the golden covered journal has become golden itself as it published Volume L. The release of the ULR’s 50th Golden Edition is a testimony of the metamorphosis of what ULR has become - a literature which reflects the tradition of excellence of the Faculty of Civil Law and the University of Santo Tomas. It has expanded its scope to reflect the growing participation of law students in the development of legal scholarship by devoting much of its space to student articles, though it remains to solicit articles from distinguished members of the faculty, while it continues to maintain sections on Case Summaries, Book Reviews and Recent Legislations. With the publication of its 51st edition, the ULR introduced changes in the Book Review section through examination of the recent law books published locally and internationally. Following the Harvard Law Review, ULR members have gone to the extent of cross-referencing relevant materials to come up with a comprehensive book review. Faced with various questions of form and style in the drafting and editing articles and other materials, the editorial board decided to formally codify the different rules on form and style for editorial guidance, thus, spurring the birth of the UST Law Review Style Guide. As a result of its members’ undying passion for excellence, the UST Law Review was bequeathed with St. Dominic de Guzman Award for Outstanding Teamwork on 15 March 2007. The award was given to the ULR after meeting the criteria set forth by the award-giving body for its outstanding performance in organizing activities that are of high-significance to the Thomasian community. In 2008, the ULR launched its online edition which is a testimony of ULR’s zeal to reach out to those who have the same passion in writing and ardor for learning, the much needed updates, and novel and thought-provoking ideas in the field of law. It is an online edition of a law journal that is home for serious reflection and provocative thinking, an opus which has always envisioned taking an active part in the shaping of the nation’s history and destiny.


-Exchange Programs-

The ULR takes pride of its exchange programs with other prominent and well-respected law journals, both foreign and local. Some of its foreign exchange partners consist of Revisita da Faculdade de direito da Universidade Federal de Minas Gerals in Brazil, Escuela de Derecho in Chile, Yokohama National University in Japan, Saint Louis University in USA, University of Southern California in USA, Kansai University in Japan and Universidad de Fumec. Locally, the ULR has access to the Philippine Law Journal of the University of the Philippines College of Law, Far Eastern University Law Review of the Far Eastern University, MLQU Law Quarterly of the Manuel L. Quezon University, Res Socialis: Journal of UST Social Research Center of the University of Santo Tomas, ALSA Law Review of the Association of Law Students of the Philippines (ALSP), and the Court Systems Journal of the Supreme Court of the Philippines. Also, commemorative of the 400 years of existence of the University of Santo Tomas, Asia’s oldest university, ULR published a two-part Quadricentennial Edition in 2011 and 2012. In an attempt to expand its reach and to bolster its subscription program, complementary copies of these special editions were circulated to the three branches of the Government – the Executive, Legislative and the Judiciary, various law schools local and international, as well as to top law firms in the Philippines - a recent addition to its growing circulation list.


-Citations-

Throughout the years of its academic legal scholarship, the ULR has maintained its high-standards and credibility as a law journal. The Supreme Court of the Philippines as of date has cited several of its published articles. The ULR was first cited by the Court in the case of Carlos S. Romualdez and Erlinda R. Romualdez v. COMELEC and Dennis Garay (G.R. No. 167011, 30 April 2008) through Justice Chico-Nazario who referred to the article of Mr. Gilbert D. Balderama entitled “Denouement of the Human Security Act: Tremors in the Turbulent Odyssey of Civil Liberties” (Vol. LII, UST Law Review, 1, 16-21). In 2010, the Court in Razon v. Tagitis (G.R. No. 182498, 16 February 2010) cited Ms. Joan Lou P. Gamboa’s article entitled “Creative Rule-Making in Response to Deficiencies of Existing Remedies” (Vol. LII, UST Law Review). In 2011, another article was cited by the Court through Justice Roberto A. Abad in the Matter of the Charges of Plagiarism against Associate Justice Mariano C. Del Castillo (A.M. No. 10-7-17-SC, 8 February 2011), titled, “Uncertainties Beyond the Horizon: The Metamorphosis of the WTO Investment Framework in the Philippine Setting” (Vol. LII, UST Law Review) by then Associate Justice Ma. Lourdes P. Sereno. Lastly, in the recent case of Jelbert B. Galicto vs. H.E. President Benigno Simeon Aquino III and Atty. Paquito N. Ochoa, Jr. (G.R. No. 193978, February 28, 2012), the Court cited the article written by Atty. Gorospe entitled “Songs, Singers and Shadows: Revisiting Locus Standi in Light of the People Power Provisions of the 1987 Constitution” (Vol. LI, UST Law Review, 15-16).


-Prestigious Roster of Alumni-

The testament of a law journal’s success is measured not only on the extent it has influenced policy considerations or has shaped jurisprudential pronouncements but also in terms of its alumni who in reflected glory, continually brings honor to its name. ULR, throughout its almost 65 years of existence, has produced chief justices and other members of the judiciary, congressmen, top-ranking government officials, legal luminaries, deans, law professors, and bar topnotchers. Its other alumni have gone far as establishing their own law firms or have made names for themselves as most sought-after lawyers in private practice.

Today, we celebrate the existence of our Managing Editor. Wishing you a Happy Birthday, Ms. Cherrie Manalastas! From you...
15/08/2025

Today, we celebrate the existence of our Managing Editor. Wishing you a Happy Birthday, Ms. Cherrie Manalastas!

From your ULR Volume 70 Family!

CIVIL  LAW ⚖️Justice Amy C. Lazaro-Javier penned case: 𝐌𝐢𝐭𝐢𝐜𝐡 𝐁𝐚𝐧𝐤𝐫𝐮𝐩𝐭𝐜𝐲 𝐄𝐬𝐭𝐚𝐭𝐞 𝐯. 𝐌𝐞𝐫𝐜𝐚𝐧𝐭𝐢𝐥𝐞 𝐈𝐧𝐬𝐮𝐫𝐚𝐧𝐜𝐞G.R. No. 238502Fe...
12/08/2025

CIVIL LAW ⚖️

Justice Amy C. Lazaro-Javier penned case:
𝐌𝐢𝐭𝐢𝐜𝐡 𝐁𝐚𝐧𝐤𝐫𝐮𝐩𝐭𝐜𝐲 𝐄𝐬𝐭𝐚𝐭𝐞 𝐯. 𝐌𝐞𝐫𝐜𝐚𝐧𝐭𝐢𝐥𝐞 𝐈𝐧𝐬𝐮𝐫𝐚𝐧𝐜𝐞
G.R. No. 238502
February 15, 2022

Verily, Philippine courts cannot delve into the merits of the foreign judgment under a policy of limited review. In the recognition of foreign judgments, Philippine courts are incompetent to substitute their judgment on how a case was decided under foreign law. Thus, the Court cannot simply impose post-judgment interest here unless it was specifically and categorically awarded by the California Court. In any case, it is a conflict of law policy that foreign law ordinarily applicable will not be applied if to do so would violate domestic public policy. In other words, the normal operation of foreign law is subject to a public policy limitation.

Here, the Default Judgment did not contain the rate and manner by which the monetary award would earn interest. It simply states “with interest on such judgment as provided by law." Accordingly, the foreign judgment was silent on the rate of the interest and whether it was computed per annum or compounded. Surely, the Court cannot supply words, nay, vary the terms of the foreign judgment.

Link to the full case digest:
https://drive.google.com/.../1NDCVtpyM8DlqlZVkLVi.../view...


CIVIL LAW ⚖️

Justice Amy C. Lazaro-Javier penned case:
𝐌𝐢𝐭𝐢𝐜𝐡 𝐁𝐚𝐧𝐤𝐫𝐮𝐩𝐭𝐜𝐲 𝐄𝐬𝐭𝐚𝐭𝐞 𝐯. 𝐌𝐞𝐫𝐜𝐚𝐧𝐭𝐢𝐥𝐞 𝐈𝐧𝐬𝐮𝐫𝐚𝐧𝐜𝐞
G.R. No. 238502
February 15, 2022

Verily, Philippine courts cannot delve into the merits of the foreign judgment under a policy of limited review. In the recognition of foreign judgments, Philippine courts are incompetent to substitute their judgment on how a case was decided under foreign law. Thus, the Court cannot simply impose post-judgment interest here unless it was specifically and categorically awarded by the California Court. In any case, it is a conflict of law policy that foreign law ordinarily applicable will not be applied if to do so would violate domestic public policy. In other words, the normal operation of foreign law is subject to a public policy limitation.

Here, the Default Judgment did not contain the rate and manner by which the monetary award would earn interest. It simply states “with interest on such judgment as provided by law." Accordingly, the foreign judgment was silent on the rate of the interest and whether it was computed per annum or compounded. Surely, the Court cannot supply words, nay, vary the terms of the foreign judgment.

Link to the full case digest:
https://drive.google.com/file/d/1NDCVtpyM8DlqlZVkLViCNdZzdvImKj21/view?usp=sharing



CIVIL  LAW ⚖️Justice Amy C. Lazaro-Javier penned case: 𝐃𝐞𝐥𝐚 𝐂𝐫𝐮𝐳, 𝐞𝐭 𝐚𝐥. 𝐯. 𝐃𝐮𝐦𝐚𝐬𝐢𝐠G.R. No. 261491December 04, 2023 In a...
11/08/2025

CIVIL LAW ⚖️
Justice Amy C. Lazaro-Javier penned case:

𝐃𝐞𝐥𝐚 𝐂𝐫𝐮𝐳, 𝐞𝐭 𝐚𝐥. 𝐯. 𝐃𝐮𝐦𝐚𝐬𝐢𝐠
G.R. No. 261491
December 04, 2023

In absolute simulation, there is a colorable contract but it has no substance as the parties have no intent to be bound by it. The main characteristic of an absolute simulation is that the apparent contract is not really desired or intended to produce legal effects or, in any way, alter the juridical situation of the parties. As a result, an absolutely simulated or fictitious contract is void, and the parties may recover from each other what they may have given under the contract.

Verily, Epe's failure to exercise any act of dominion over the property after the sale belied any intention to be bound by the Deed of Sale between her and Sps. Dela Cruz.

In addition, there are only three exceptions to the prohibition against transfer of ownership over lands covered by Presidential Decree No. 27, viz.:
(a) to the Government;
(b) to the heirs of the landowners via hereditary succession; and
(c) to the actual tenant-tiller of the same.

Verily, the CA erred in upholding the sale between Sps. Dela Cruz and Rosalinda under the ratio that she is their heir. Tobe valid, the transfer to the landowner's heirs must be via hereditary succession, not via sale, as in this case.

Link to the full case digest:
https://drive.google.com/.../1xfzLnKHdnTA33wdjvhK.../view...


CIVIL LAW ⚖️

Justice Amy C. Lazaro-Javier penned case:
𝐃𝐞𝐥𝐚 𝐂𝐫𝐮𝐳, 𝐞𝐭 𝐚𝐥. 𝐯. 𝐃𝐮𝐦𝐚𝐬𝐢𝐠
G.R. No. 261491
December 04, 2023

In absolute simulation, there is a colorable contract but it has no substance as the parties have no intent to be bound by it. The main characteristic of an absolute simulation is that the apparent contract is not really desired or intended to produce legal effects or, in any way, alter the juridical situation of the parties. As a result, an absolutely simulated or fictitious contract is void, and the parties may recover from each other what they may have given under the contract.

Verily, Epe's failure to exercise any act of dominion over the property after the sale belied any intention to be bound by the Deed of Sale between her and Sps. Dela Cruz.

In addition, there are only three exceptions to the prohibition against transfer of ownership over lands covered by Presidential Decree No. 27, viz.:
(a) to the Government;
(b) to the heirs of the landowners via hereditary succession; and
(c) to the actual tenant-tiller of the same.

Verily, the CA erred in upholding the sale between Sps. Dela Cruz and Rosalinda under the ratio that she is their heir. Tobe valid, the transfer to the landowner's heirs must be via hereditary succession, not via sale, as in this case.

Link to the full case digest:
https://drive.google.com/file/d/1xfzLnKHdnTA33wdjvhKqp8MRKtxElWHn/view?usp=sharing



POLITICAL LAW ⚖️Justice Amy C. Lazaro-Javier penned case: 𝐍𝐨𝐫𝐦𝐚𝐧 𝐌𝐚𝐫𝐪𝐮𝐞𝐳 𝐯. 𝐂𝐎𝐌𝐄𝐋𝐄𝐂G.R. No. 258435June 28, 2022In admini...
07/08/2025

POLITICAL LAW ⚖️

Justice Amy C. Lazaro-Javier penned case:
𝐍𝐨𝐫𝐦𝐚𝐧 𝐌𝐚𝐫𝐪𝐮𝐞𝐳 𝐯. 𝐂𝐎𝐌𝐄𝐋𝐄𝐂
G.R. No. 258435
June 28, 2022

In administrative cases, such as election cases, the burden of proof falls on the complainant. When the complainant fails to show in a satisfactory manner the facts upon which he bases his claims, Marquez is under no obligation to prove his exception or defense.

Here, the COMELEC relied on bare allegations by its Law Department in concluding that Marquez is a nuisance candidate, thus: (a) Marquez has no bona fide intention to run for Senator as he is virtually unknown to the entire country; and (b) Marquez is running for a national position as an independent candidate. Accordingly, the Court ruled that non-membership in a political party and not being virtually known to the entire country were not enough grounds to declare Marquez as a
nuisance candidate.

Link to the full case digest: https://drive.google.com/file/d/1yvMGlVXMGXhj7ZqAqBvVcoOU2JNlyylE/view?usp=sharing



03/08/2025

The Civil Law Student Council warmly welcomes all the incoming FCL freshmen. 🐯⚖️

From courtroom dreams to case digests, you're now officially part of a legacy built on excellence, resilience, and caffeine. 📚☕

We look forward to walking alongside you as you claim the dot! ▪️

Follow the official UST CLSC page for updates.

03/08/2025

Tara, tara sumama ka sa'kin at hawakan ang aking kamay 💃🕺

Law school is waving, freshies! 👋 The countdown to the Thomasian Welcome Walk and ROARientation starts today! 🐯⚖️

See you there!

We celebrate the remarkable day of our passionate Executive Editor, Ms. Patricia Anne Legaspi. Wishing you good tidings ...
25/07/2025

We celebrate the remarkable day of our passionate Executive Editor, Ms. Patricia Anne Legaspi.

Wishing you good tidings in your everyday life.

Warmest Greetings from UST Law Review Volume 70!

As part of the tradition, the UST Law Review proudly held its turnover ceremony last June 9, 2025, a moment that marked ...
23/06/2025

As part of the tradition, the UST Law Review proudly held its turnover ceremony last June 9, 2025, a moment that marked the official passing of leadership within our esteemed journal.

ULR expresses its heartfelt appreciation to the outgoing Editorial Board for their tireless dedication and meaningful contributions to ULR. As we welcome the incoming Editorial Board of Volume 70, we are eager to uphold the highest standards of legal writing, legal research, and publication.

Together, we look forward to continuous growth, unwavering excellence, and to leaving an indelible imprint!

What began with a mere pile of drafts and looming deadlines of legal research, writing, and case digests has become a pr...
19/06/2025

What began with a mere pile of drafts and looming deadlines of legal research, writing, and case digests has become a prestigious collection of work that the UST Law Review is truly proud of— Volume 69.

As the volume comes to a triumphant close, the Law Review reflects on its incredible journey in the past year and proudly takes this moment to extend its deepest gratitude to the Editorial Board of Volume 69 who continuously worked with grit, brilliance, and determination to bring the volume to life. The success of the volume is owed to each and every one of you.

Here’s to leaving an indelible imprint on the legal community, one volume at a time.

Hats off to our UST Law Review graduates!You rose to every challenge with passion, perseverance, and brilliance. Your ha...
14/06/2025

Hats off to our UST Law Review graduates!

You rose to every challenge with passion, perseverance, and brilliance. Your hard work and dedication has left a lasting legacy at ULR.

Congratulations, your UST Law Review family is beyond proud of you!

The UST Law Review congratulates the successful applicants for this semester’s understudy program. Congratulations, unde...
15/05/2025

The UST Law Review congratulates the successful applicants for this semester’s understudy program.

Congratulations, understudies! You may hone your skills and prove your mettle in the understudy program. The journey is grueling, but the rewards will be worth it.

ONLINE RELEASE | VOLUME 67Volume 67 of the UST Law Review is now accessible at https://lawreview.ust.edu.ph/archives/jou...
10/05/2025

ONLINE RELEASE | VOLUME 67

Volume 67 of the UST Law Review is now accessible at https://lawreview.ust.edu.ph/archives/journal-volumes/online-release-volume-67/.

The first article is titled The Doctrine of Affinity and its Restrictions on a Person's Right to Marry: When it Begins and Ends written by Dr. Mariemeir I. Marcos-Rivera, DCL. It studies the doctrine of affinity in the context of marriage in the Family Code and how its effects extends beyond marriage. The latter part of the paper proposes a bill that would eliminate affinal relationship after a marriage is declared void.

The second article is titled the Right to be Released on Recognizance: A Forsaken Right? written by Judge Edith Cynthia A. Wee, DCL. The paper discusses recognizance as a mode of securing temporary liberty of a person in custody or detention in lieu of posting bail. The paper poses an issue in the participation of elected public officials in an application for recognizance in view of R.A. 6036 and the Recognizance Act of 2012.

The third article featured is Breaking Up is Hard to Do: A Juristic Inquiry on the Executive Power to Terminate A Treaty Without Senate Approval written by Atty. King James Carlo C. Hizon, LL.M. The paper examines treaty abrogation and critiques the landmark case of Pangilinan v. Cayetano through the lens of the 1987 Philippine Constitution, generally accepted principles of international law, and relevant foreign jurisprudence.

The fourth article featured is titled Judicial Determination of Refugee Status: A Myriad of Opportunities and Challenges. The article examines legal instruments in relation to refugees and the Philippines rich history with refugees. Additionally, the paper discusses the refugee eligibility criteria based on international law.

Finally, the fifth article is titled Revisiting Republic Act. No. 6848: Effective Implementation of Islamic Finance in the Philippine Banking System. The paper provides an overview on R.A. 6848, otherwise known as the Charter of Al-Amanah Islamic Investment Bank of the Philippines. It examines the principles of Islamic Banking under the law, the key differences between a Conventional Bank and an Islamic Bank, and how the Al-Amanah Bank operates.

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