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Philippine Law Journal

The Philippine Law Journal is the official student-edited law review of the U.P. College of Law and the preeminent legal periodical of the country.

Established in 1914, It is the oldest English-language law review in Asia.

02/06/2025

𝗣𝗟𝗝 𝗙𝗼𝗿𝘂𝗺: 𝗘𝗺𝗲𝗿𝗴𝗶𝗻𝗴 𝗜𝘀𝘀𝘂𝗲𝘀 𝗶𝗻 𝗣𝗵𝗶𝗹𝗶𝗽𝗽𝗶𝗻𝗲 𝗜𝗺𝗽𝗲𝗮𝗰𝗵𝗺𝗲𝗻𝘁 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗔𝗰𝗰𝗼𝘂𝗻𝘁𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻

In the inaugural full-length piece of the Philippine Law Journal Forum, Paolo Tamase writes about five emerging issues in impeachment—May the Senate proceed with Vice-President Sara Duterte's impeachment trial during its recess? May the proceedings cross over from the 19th to the 20th Congress? Would her resignation preclude the Senate from trying her for graft and corruption, bribery, betrayal of public trust, and other high crimes? If trial pushes through, what standard of evidence should the Senate apply? And what is the extent of the power of the Supreme Court to resolve these issues?

The piece documents views of impeachment veterans in a forum organized by the College of Law, the Malcolm Foundation, and the Journal in February 2025, contextualized by research in Philippine impeachment practice, constitutional deliberations, and U.S. analogs. It ends with a proposed framework for using accountability as an ethos and canon for constitutional interpretation and applies it to the open questions on impeachment.

Read the full article at: https://philippinelawjournal.org/forum/post/emerging-issues-in-philippine-impeachment/

The PLJ Forum is the online platform of the Philippine Law Journal where academics, law practitioners, and students may submit timely, novel shorter-form works of general scholarly interest.

30/05/2025

𝗩𝗢𝗟𝗨𝗠𝗘 𝟵𝟴, 𝗜𝗦𝗦𝗨𝗘 𝟮 𝗥𝗘𝗟𝗘𝗔𝗦𝗘

Issue 2 of the 98th Volume of the Philippine Law Journal is now accessible on the PLJ Website. The Issue contains three Articles, two Comments, and one Feature.

Dante B. Gatmaytan's Creating Political Questions under the 1987 Constitution addresses how the Supreme Court's frequent acquiescence to the discretion of other branches of government under the political question doctrine has resulted in a reduction of checks and balances, and a disproportionately powerful Chief Executive.

Michiko Lokin's Imperceptible Sleights: The Rise of Political Deepfakes and Challenges in the Regulation of Election Propaganda explores how deepfake content used by disinformation networks has emerged as a major threat to electoral integrity, and proposes prospective regulations to combat it.

Tina Andrea V. Amador-Robles' Opening Foreign Investment and Floodgates: A Critical Analysis of Removing Barriers to Full Foreign Investment in the Philippine Renewable Energy Industry critiques the DOE Circular lifting foreign-ownership restrictions on renewable energy projects, noting the contradictions that underlie such policy change.

La Verne V. Jallorina I's Comment dissects the Supreme Court's recent ruling in Nisperos v. People, and argues, contrary to the Court's guidelines, for the necessity of the presence of witnesses in the marking stage of illegal narcotics cases.

Kent Almadro Alonzo's Comment looks to reconcile the seemingly incongruent interpretations of the term "all or substantially all assets" of the Revised Corporation Code, by synthesizing existing statutory and regulatory definitions.

Finally, National Labor Relations Commissioner Cecilio Alejandro C. Villanueva and Efren II R. Resurreccion’s Feature examines developments in Philippine Work Law covering the period July 2023 to December 2024, touching on topics such as quitclaims, illegal dismissal, check-off provisions, and emerging worker rights. The Feature also touches on the codification of seafarers’ rights and obligations—currently a subject of constitutional inquiry. This Feature is part of a new series published by the Journal, providing a survey of recent developments in statutes, rules, and jurisprudence across different fields of the law, written by a member of the UP College of Law Faculty with the assistance of PLJ editors and their interns.

The Issue may be accessed at https://philippinelawjournal.org/volume/post/volume-98-issue-2.

18/05/2025

𝗩𝗢𝗟. 𝟵𝟲-𝟵𝟳 𝗗𝗜𝗦𝗧𝗥𝗜𝗕𝗨𝗧𝗜𝗢𝗡

Complimentary copies of Volume 97, Issue 1 of the Philippine Law Journal will be distributed starting Monday, May 18, 2025, until supplies last per group. Complete sets of Volume 96 are still available.

Copies are also available for purchase at the UP Law Center Book Room.

For inquiries, please contact [email protected].

11/05/2025

𝗜𝗡 𝗥𝗘𝗧𝗥𝗢𝗦𝗣𝗘𝗖𝗧: 𝗧𝗵𝗲 𝗣𝗿𝗼𝗺𝗶𝘀𝗲 𝗮𝗻𝗱 𝗧𝗿𝗮𝗴𝗲𝗱𝘆 𝗼𝗳 𝘁𝗵𝗲 𝗣𝗵𝗶𝗹𝗶𝗽𝗽𝗶𝗻𝗲 𝗣𝗮𝗿𝘁𝘆-𝗟𝗶𝘀𝘁 𝗦𝘆𝘀𝘁𝗲𝗺

As the country prepares to elect a new set of leaders tomorrow, the effectiveness and relevance of the party-list system are once again being debated in the public sphere. Legal academics have likewise wrestled with the value of the party-list system for decades. In this edition of In Retrospect, we examine how scholars have approached the party-list system and appraised its worth.

In Ibarra M. Gutierrez III’s “The Judicially Legislated Concept of Marginalization and the Death of Proportional Representation: The Party-List System after BANAT and Ang Bagong Bayani” (84 Phil. L.J. 606), the author traces the history behind the common misconception that the system was meant to primarily represent marginalized sectors. Gutierrez’s analysis reveals that the party-list system was meant to allow smaller political parties to secure representation in Congress. As such, Gutierrez bemoans the Supreme Court rulings of BANAT v. COMELEC and Ang Bagong Bayani v. COMELEC, which required the representation of marginalized groups. For Gutierrez, these rulings have had the effect of disincentivizing sectoral parties from broadening their movements and contesting power in non-partylist spheres.

Since the publication of Gutierrez’s article, however, the Supreme Court reversed course in the case of Atong Paglaum v. COMELEC, in which party-lists no longer needed to originate from marginalized groups.

This In Retrospect also explores interesting points of reflection on the party-list system: Paolo de Guzman in “Atong Paglaum, Inc. v. Commission on Elections: A Shift in the Party-List System Paradigm” (58 Ateneo L.J. 208) argues that this paradigm shift in Atong Paglaum has the adverse effect of well-funded political parties dominating the party-list system, and Carlos S. Hernandez, Jr. in "In Defining the Undefinable: Treating Atheism, Agnosticism, and Secular Humanism as Religion for Conscientious Objection, Tax Exemption, and Party-List Registration Purposes" (91 Phil. L.J. 1) looks at the legal questions surrounding the concept of religion in the party-list system.

Read the full In Retrospect here: https://philippinelawjournal.org/forum/post/the-promise-and-tragedy-of-the-philippine-party-list-system/

03/05/2025

𝗣𝗟𝗝 𝗩𝗼𝗹. 𝟵𝟵 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀

Applications for the Philippine Law Journal Vol. 99 Student Editorial Board Qualifying Examination are now open until May 14, 2025.

Applicants must fill out the online form posted on the PLJ website (philippinelawjournal.org) and include a 2-page curriculum vitae clearly indicating law school academic performance, as well as relevant employment, writing, editing and management experience, and extracurricular activities.

Note: The current Editorial Board Members, as well as other students, are not involved in the selection process, which is exclusively administered by the Faculty Examination Committee.

02/05/2025

𝗣𝗵𝗶𝗹𝗶𝗽𝗽𝗶𝗻𝗲 𝗟𝗮𝘄 𝗝𝗼𝘂𝗿𝗻𝗮𝗹 𝗩𝗼𝗹𝘂𝗺𝗲 𝟵𝟵 𝗜𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻 𝗦𝗲𝘀𝘀𝗶𝗼𝗻

This is a reminder that applicants must attend an in-person Information Session this Saturday, May 3, 2025, 12:00 - 1:00 p.m. (Malcolm Hall 200).

The Information Session is mandatory. Failure to attend onsite without a valid excuse is a disqualification.

To request Zoom attendance or an excused absence, please fill out the form at https://bit.ly/pljinfozoom.

Note: The current Editorial Board Members, as well as other students, are not involved in the selection process, which is exclusively administered by the Faculty Examination Committee.

01/05/2025

𝗘𝘅𝘁𝗲𝗻𝗱𝗲𝗱 𝗖𝗮𝗹𝗹 𝗳𝗼𝗿 𝗣𝗮𝗽𝗲𝗿𝘀: 𝗜𝘀𝘀𝘂𝗲 𝟰 𝗮𝗻𝗱 𝗣𝗟𝗝 𝗙𝗼𝗿𝘂𝗺

Volume 98 of the Philippine Law Journal is still accepting submissions of scholarly works for Issue 4 (Philippines and Asia) until May 30, 2025, and until June 15, 2025 for the PLJ Forum, the official online platform of the Journal.

For inquiries, you may contact Mr. Jan Aurel Nikolai M. Castro (Chair) at [email protected] or visit www.philippinelawjournal.org for the Submission Guidelines.

26/04/2025

PHILIPPINE LAW JOURNAL
FACULTY EXAMINATION COMMITTEE

STUDENT EDITORIAL BOARD
QUALIFYING EXAMINATIONS AND RULES ON ADMISSIONS
VOLUME 99

1. The Chair, the Vice-Chair, and the eight (8) members of the Student Editorial Board for Volume 99 (AY 2025-2026) of the Philippine Law Journal (“PLJ”) shall be chosen through competitive examinations to be given in-person on June 7, 2025 in Malcolm Hall and the U.P. Iloilo City Campus.

Time: 08:00 a.m. to 11:00 a.m.
Components (Mode): On-the-Spot Legal Writing (computerized)

Time: 12:00 noon to 5:00 p.m.
Components (Mode): On-the-Spot Editorial Work
- Copyediting (pen-and-paper)
- Source-cite (pen-and-paper)
- Article review and preemption (computerized)

2. Applicants must be in non-probationary academic standing, have a cumulative GWA of at least 2.3000 and, in the assessment of the Examination Committee, not be under any of the following disqualifications:

New Applicants
- Previous grades of 4.00, 5.00, or DRP
- Uncompleted INC
- Previous Leave of Absence (“LOA”)

Returning Editors
- Previous LOA
- Objection from the Chair/s of the Board/s where the returning editor previously served

3. Incoming second year students may also apply as members but will not be eligible for appointment as the Chair or Vice-Chair. Applicants of this standing must have a cumulative GWA of at least 2.0000 and not be under any of the above disqualifications.

4. As a pre-requisite, applicants must attend an in-person Information Session on the PLJ and testing mechanics on May 3, 2025, from 12:00 to 1:00 p.m. (Malcolm Hall 200). Attendance via Zoom will only be allowed for applicants from the Iloilo City Campus and those who secure prior permission from the Examination Committee upon a valid excuse.

5. From May 4 to 14, 2025 (strictly until 5:00 p.m.), applicants must fill out the online form to be posted on the PLJ website (philippinelawjournal.org). Applicants must also prepare a detailed curriculum vitae clearly indicating law school academic performance, as well as relevant employment, writing, editing, and management experience, and extracurricular activities, which will be submitted via the said form.

6. By submitting their applications, applicants represent that they possess the competence, qualities, and commitment to complete the publication of Volume 99 of the PLJ within the incoming academic year. The Examination Committee retains discretion to disqualify applicants for lack of fitness to perform the duties of a member of the Student Editorial Board.

7. For inquiries, please email [email protected].

30/03/2025

𝗜𝗡 𝗥𝗘𝗧𝗥𝗢𝗦𝗣𝗘𝗖𝗧: 𝗧𝗵𝗲 𝗟𝗲𝗴𝗮𝗹 𝗟𝗲𝗴𝗮𝗰𝘆 𝗼𝗳 𝘁𝗵𝗲 𝗔𝗻𝘁𝗶-𝗧𝗲𝗿𝗿𝗼𝗿 𝗔𝗰𝘁, 𝗙𝗼𝘂𝗿 𝗬𝗲𝗮𝗿𝘀 𝗟𝗮𝘁𝗲𝗿

Four years after its enactment, the Anti-Terrorism Act of 2020 (ATA) remains one of the most controversial laws in recent Philippine history. This edition of In Retrospect explores how legal scholarship has examined its implications.

In Ruby Rosselle L. Tugade's "Persistent Red-Tagging in the Philippines as Violation of the Principle of Distinction in International Humanitarian Law" (Philippine Law Journal, Volume 95), she takes a look at how red-tagging, exacerbated by the ATA’s expanded State power to designate terrorist groups, violates the principle of distinction under International Humanitarian Law.

Meanwhile, Leandro Anton Castro, in "The Humanitarian Exemption Challenge: Securing the Philippine Humanitarian Space in the Anti-Terrorism Act of 2020" (Asia Pacific Journal of International Law), highlights how the ATA may put humanitarian organizations and workers at risk due to its prohibition against providing "material support."

Finally, Soliman Santos Jr., in "The Constitutionality Petitions on the Anti-Terrorism Act of 2020: An Unfortunate Lack of International Law Discourse on Both Sides" (Philippine Yearbook of International Law), critiques the lack of international law perspectives in both pro- and anti-ATA arguments.

While the Anti-Terrorism Act's long-term impact remains uncertain, these analyses offer critical insights into whether the law enhances security or poses its own threats.

Read the entire In Retrospect article in the relaunched PLJ website: https://philippinelawjournal.org/forum/post/the-legal-legacy-of-the-anti-terror-act-four-years-later/

05/03/2025

𝗣𝗟𝗝 𝗮𝗱𝗼𝗽𝘁𝘀 𝗣𝗼𝗹𝗶𝗰𝘆 𝗼𝗻 𝗨𝘀𝗲 𝗼𝗳 𝗔𝗜 𝗮𝗻𝗱 𝗔𝗜 𝗧𝗼𝗼𝗹𝘀

In recognition of the advancement of artificial intelligence (AI) technology and its potential implications on legal scholarship, the Philippine Law Journal adopts the policy on the use of AI and AI tools, covering all works submitted to and solicited for publication effective March 1, 2025.

Read the full AI Policy on the Website: https://philippinelawjournal.org/submit.

03/03/2025

𝗜𝗡 𝗥𝗘𝗧𝗥𝗢𝗦𝗣𝗘𝗖𝗧: 𝗣𝗲𝗿𝘀𝗽𝗲𝗰𝘁𝗶𝘃𝗲𝘀 𝗼𝗻 𝘁𝗵𝗲 𝗥𝗶𝗴𝗵𝘁 𝘁𝗼 𝗛𝗼𝘂𝘀𝗶𝗻𝗴, 𝟳𝟲 𝗬𝗲𝗮𝗿𝘀 𝗔𝗳𝘁𝗲𝗿 𝘁𝗵𝗲 𝗨𝗗𝗛𝗥

Adopted in December of 1948, the Universal Declaration of Human Rights (“UDHR”) enshrines the right to an adequate standard of living, including housing, as fundamental to human dignity. The first installment of the In Retrospect series in the PLJ Forum, published 76 years after the UDHR, delves into critical legal academic works that underscore the challenges and opportunities in realizing this right.

In "Housing Rights in the Philippines: Recognition, Protection, and Promotion," Ibarra M. Gutierrez III argues that while the enactment of the Urban Development and Housing Act of 1992 (“UDHA”) ostensibly complies with the both the UDHR and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Philippines’ obligation to protect the right to housing has been left unfulfilled, no thanks to courts rulings that undermine the UDHA’s protections against forced evictions.

Other works examined include Jyrus B. Cimatu’s "Ang Batas at ang Balai (The Law and the Home): Establishing the Right to the City as a Path Towards Liberty and Sustainable Prosperity" in the UST Law Review, which advocates for inclusive and sustainable urban governance, and Antonio G.M. La Viña and Jameela Joy M. Reyes’ "Maladaptation, Loss and Damage, and the Built Environment: Limits and Possibilities" in the Ateneo Law Journal, which questions the “built environment” and infrastructure projects that initially seem to benefit the public, but actually increase their vulnerability to environmental risks.

Ultimately, these academic works show that while the right to housing is a cornerstone of human dignity, its realization is hindered by inadequate policies, systemic inequalities, and misalignments in our environmental and planning paradigms. As we grapple with a significant housing backlog and the challenges of rapid urbanization, there is an urgent need to reframe housing as a fundamental human right, which will bridge the gap between legal frameworks and the realities faced by millions of Filipinos affected by the housing crisis.

Read the entire In Retrospect article in the relaunched PLJ website: https://philippinelawjournal.org/forum/post/in-retrospect-perspectives-on-the-right-to-housing-76-years-after-the-udhr/.

26/02/2025

𝗩𝗢𝗟𝗨𝗠𝗘 𝟵𝟴, 𝗜𝗦𝗦𝗨𝗘 𝟭 𝗥𝗘𝗟𝗘𝗔𝗦𝗘

The first issue of the 98th Volume of the Philippine Law Journal is now accessible on the relaunched PLJ Website at https://philippinelawjournal.org/volume/post/volume-98-issue-1/. Issue 1 contains three Notes and one Essay.

Issue 1 starts with Robert M. Sanders, Jr.’s 𝘜𝘯𝘱𝘳𝘰𝘨𝘳𝘢𝘮𝘮𝘦𝘥 𝘈𝘱𝘱𝘳𝘰𝘱𝘳𝘪𝘢𝘵𝘪𝘰𝘯𝘴, 𝘵𝘩𝘦 𝘉𝘶𝘥𝘨𝘦𝘵 𝘊𝘦𝘪𝘭𝘪𝘯𝘨, 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘈𝘤𝘤𝘰𝘶𝘯𝘵𝘢𝘣𝘪𝘭𝘪𝘵𝘺 𝘊𝘰𝘯𝘴𝘵𝘪𝘵𝘶𝘵𝘪𝘰𝘯, which studies the practice of unprogrammed appropriations exceeding the President’s recommended budget through the framing of the 1987 Constitution as an Accountability Constitution. In this Note, Sanders proposes an interpretation of the budget ceiling provision and argues how such excess unprogrammed appropriations erode Constitutional accountability.

Kyle Christian G. Tutor’s 𝘛𝘩𝘦 𝘍𝘶𝘵𝘶𝘳𝘦 𝘰𝘧 𝘈𝘥𝘮𝘪𝘯𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘷𝘦 𝘞𝘢𝘳𝘳𝘢𝘯𝘵𝘴: 𝘈𝘯𝘢𝘭𝘺𝘻𝘪𝘯𝘨 𝘉𝘰𝘢𝘳𝘥 𝘰𝘧 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳𝘴 𝘰𝘧 𝘵𝘩𝘦 𝘉𝘶𝘳𝘦𝘢𝘶 𝘰𝘧 𝘐𝘮𝘮𝘪𝘨𝘳𝘢𝘵𝘪𝘰𝘯 𝘷. 𝘠𝘶𝘢𝘯 𝘞𝘦𝘯𝘭𝘦 𝘢𝘯𝘥 𝘪𝘵𝘴 𝘐𝘮𝘱𝘭𝘪𝘤𝘢𝘵𝘪𝘰𝘯𝘴 𝘰𝘯 𝘈𝘥𝘮𝘪𝘯𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘷𝘦 𝘗𝘰𝘸𝘦𝘳 discusses the ruling that, and the guidelines by which, administrative agencies may issue warrants. In light of the background of administrative warrants in the United States and the Philippines, the Note provides a constitutional and practical analysis, as well as recommendations to come alongside the proper legal framework in addressing the necessity of administrative warrants without going against the command of the Constitution and the intent of the Framers.

In 𝘉𝘦𝘵𝘵𝘦𝘳 𝘪𝘯 𝘔𝘰𝘥𝘦𝘳𝘢𝘵𝘪𝘰𝘯: 𝘖𝘤𝘤𝘶𝘱𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘙𝘪𝘴𝘬𝘴 𝘢𝘯𝘥 𝘏𝘢𝘻𝘢𝘳𝘥𝘴 𝘵𝘰 𝘵𝘩𝘦 𝘔𝘦𝘯𝘵𝘢𝘭 𝘏𝘦𝘢𝘭𝘵𝘩 𝘰𝘧 𝘍𝘪𝘭𝘪𝘱𝘪𝘯𝘰 𝘊𝘰𝘯𝘵𝘦𝘯𝘵 𝘔𝘰𝘥𝘦𝘳𝘢𝘵𝘰𝘳𝘴, Danielle D. Abuel identifies the lack of protections under Philippine Labor Law for Filipino social media content moderators or "cleaners" who get exposed to violent, sexually explicit, and other disturbing content when “cleaning” the internet. Abuel suggests that in addition to more specific laws offering such protection, stronger compliance and enforcement mechanisms are also necessary to ensure that companies provide the care their workers need and that government agencies involved fulfill their mandate.

The issue is capped by Jefferson C. Secillano’s 𝘕𝘦𝘶𝘵𝘳𝘢𝘭𝘪𝘵𝘺 𝘰𝘳 𝘗𝘢𝘳𝘵𝘪𝘢𝘭𝘪𝘵𝘺: 𝘋𝘦𝘤𝘰𝘯𝘴𝘵𝘳𝘶𝘤𝘵𝘪𝘯𝘨 𝘵𝘩𝘦 𝘊𝘰𝘮𝘱𝘦𝘭𝘭𝘪𝘯𝘨 𝘚𝘵𝘢𝘵𝘦 𝘐𝘯𝘵𝘦𝘳𝘦𝘴𝘵 𝘛𝘦𝘴𝘵 𝘪𝘯 𝘵𝘩𝘦 𝘛𝘦𝘯𝘴𝘪𝘰𝘯 𝘉𝘦𝘵𝘸𝘦𝘦𝘯 𝘙𝘦𝘭𝘪𝘨𝘪𝘰𝘶𝘴 𝘓𝘪𝘣𝘦𝘳𝘵𝘺 𝘢𝘯𝘥 𝘎𝘦𝘯𝘥𝘦𝘳 𝘌𝘲𝘶𝘢𝘭𝘪𝘵𝘺, which reviews Philippine jurisprudence on the right to religion, the benevolent neutrality doctrine, and the “preferred” status of religious freedom. The Essay notes that if there is a constitutional challenge on religious freedom grounds against legislation in favor of those with diverse S*xual Orientation, Gender Identity, Gender Expression, and S*x Characteristics, the right to gender equality is more burdened. Secillano calls for a paradigm shift from a hierarchy of rights to their equal treatment while recognizing their interconnected and indivisible character.

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Philippine Law Journal

The Philippine Law Journal (PLJ) is a student-edited publication of the UP College of Law. Established in August 1914 under George Malcolm, the first dean of the College, the PLJ is the oldest English-language law review in Asia.

The Editorial Board is composed of students of the College who are selected on the basis of academic qualifications and a rigorous competitive examination administered by the PLJ examination committee.

For Volume 94 of the Journal, the Board is composed of Paulo Romeo Yusi (Chair), Ma. Carina Theresa Guanio (Vice Chair), Angelo Karl Doceo, Robert Sanders, Jr., Justine Navarro, Angela Mercado, Charles Kenneth Lijauco, Kobe Joseph Lacsamana, Liam Calvin Joshua Lu, and Maria Patricia Santos.

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