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WVSU Journal for Law Advocacy WVSU Journal for Law Advocacy (JLA) (ISSN : 1908-532X) https://hdl.handle.net/20.500.14353/158 2024-07-14T10:33:01Z 2024-07-14T10:33:01Z Clinical legal education program and revised model law curriculum: Championing law advocacy and ethical-driven lawyering Trespeces, Enrique Z. https://hdl.handle.net/20.500.14353/172 2023-01-20T09:00:17Z 2021-01-01T00:00:00Z Clinical legal education program and revised model law curriculum: Championing law advocacy and ethical-driven lawyering Trespeces, Enrique Z. (Extract) The rebranding of Rule 138-A1 with lethargic history save for the University of the Philippines’ Office of Legal Aid and the Ateneo Legal Services Center is a great leap forward to fix the huge disconnect between the study of law and the practice of law. In this maiden commentary, I will focus on two big proverbial concerns. The rebranding offers two-tier solutions that complement each other: first, overhauling of the law curriculum, which is now “foundational-centered”; and second, integrating clinical legal education in the curriculum, which is now “experiential and ethical-driven”. Judge Trespeces notes that Revised Model Law Curriculum launched in the last quarter of 2021 now zeroes in on the pressing need for lawyers not only to be practice-ready but ethically-driven as well. He cites his own survey that from 2017 to 2021, 430 bar discipline cases docketed at the Supreme Court, which reflected the “dark side” of lawyering, spread throughout the legal profession. The author argues that the integration of a clinical component of legal and judicial ethics in procedural subjects like criminal procedure, civil procedure in dispute resolution, and evidence rules is a significant enhancement of achieving ethical-driven lawyering. To illustrate, the editors take note that WVSU College of Law recently integrated its CLEP learning activities into the teaching of the course Administrative Law, Law on Public Officers, and Election Law. This timely integration of CLEP activities to relevant subjects, such as Election Law, coincided with the recently concluded 2022 National Elections. Without a doubt, strategies like this are in accord with CLEP’s goal to inculcate in students’ values of ethical lawyering and public service. Judge Trespeces in his conclusion notes that these initiatives require the concerted efforts of all stakeholders to set the CLEP in motion in order for its objectives to come to fruition. 2021-01-01T00:00:00Z No time runs against families?: Gains and losses in regulating political dynasties in the Philippines Gacayan, Clyde Ben A. https://hdl.handle.net/20.500.14353/174 2023-01-20T12:00:13Z 2021-01-01T00:00:00Z No time runs against families?: Gains and losses in regulating political dynasties in the Philippines Gacayan, Clyde Ben A. (Extract) Families dominate Philippine Politics. They occupy governmental posts and have a direct hand in legislation. The pioneering volume of Alfred McCoy’s book published in 1994 entitled Anarchy of Families reveals another side of the story: "From provincial warlords to modern managers, prominent Philippine leaders have fused family, politics, and business to subvert public institutions and amass private wealth—an historic pattern that continues to the present day. Elite Filipino families have acted as formidable coalitions – controlling capital, dominating national politics, and deploying paramilitary force (1). This paper reflects on the following questions – what hinders legislation to set in motion the constitutional provision against political dynasties? And if any, what impact does this impasse have on electoral reform in the country? To answer these questions, Article II Section 26 of the 1987 Constitution is revisited to highlight the importance of ensuring equal access to public service. Thereafter, a review of previous bills which have attempted to define political dynasties is provided. Gains and losses of pushing for equitable access to public service are analyzed bearing in mind recent landmark provisions in the Sangguniang Kabataan Reform Law and the institutionalization of the Bangsamoro Local Government Code. In this chapter, Gacayan reviews previous bills that have attempted to define political dynasties passed from the 13th to the 18th Congress of the Philippines, and notes that from at least forty-five (45) bills passed in the last seventeen (17) years, not one have passed third reading. Moreso, majority of these bills are left pending in appropriate committees where they were assigned to. Gacayan argues that while there is sustained interest on the part of the House of Representatives and the Senate to fulfill their constitutional mandate to define and prohibit political dynasties, there is strong indication that both houses are seemingly adamant and tentative in their legislative position to pass the bill into law. Gacayan illustrates that the victory of the Marcos-Duterte tandem in the recent polls is an epitome of the continuing dominance of political dynasties – where dynasties are not only deeply entrenched but also capable of self-perpetuation admist good goverance reforms. He echoes what other political scientists claim that political dynasties themselves are not only electoral concerns but are wicked problems that has undermined the quality of democracy linked to deeper poverry and underdevelopment. Gacayan concludes that while it seems that no time runs against families in the last thiry-five (35) years, there is a silver lining if one is able to look at the progress made in progressive legislation, judicial activism, and by further educating the electorate. 2021-01-01T00:00:00Z Back to the future's past: An overview of the recently concluded 2022 National Elections Gacayan, Clyde Ben A. Yap, Edson Chase H. Aguaras, Kirby V. Aviles, Rene M. Jr. Gumban, Theda Grace S. Guillem, Mike Gabriel G. Silla, Vanessa G. https://hdl.handle.net/20.500.14353/173 2023-03-01T09:16:03Z 2021-01-01T00:00:00Z Back to the future's past: An overview of the recently concluded 2022 National Elections Gacayan, Clyde Ben A.; Yap, Edson Chase H.; Aguaras, Kirby V.; Aviles, Rene M. Jr.; Gumban, Theda Grace S.; Guillem, Mike Gabriel G.; Silla, Vanessa G. (Extract) With the pandemic placing additional stress on both private and government institutions, the Philippines is at a historic crossroads with the need to elect leaders who can propel the nation toward economic recovery and democratic awakening. Last May 9, 2022, approximately 67.5 million Filipinos went to the polling precincts to decide who the next leaders should be. There were thousands of positions up for election all over the country, ranging from the Presidency, Vice Presidency, seats in the Senate, and up to 18,000 local positions, including provincial governors and city mayors. As laid out by the 1987 Constitution, those aspiring to be President and Vice President must be natural-born citizens of the Philippines, registered voters, able to read and write, at least forty (40) years of age on the day of the election, and residents of the Philippines for at least ten (10) years immediately preceding such election. Aspiring senators must be natural-born citizens of the Philippines, registered voters, able to read and write, at least thirty-five (35) years of age on the day of the election, and residents of the Philippines for not less than two years before the election day... ...While there are many questions regarding the legitimacy of the recently-concluded May 2022 elections, most especially the presidency of Ferdinand Marcos Jr., it is already moot and academic to wage a legal battle against it as the Supreme Court has decided that the elections were just and valid. Nevertheless, we shall be forward-thinkers and hope that this administration will perform for the next six years. More so, we must be vigilant in protecting our rights, especially our human rights. We must oppose any act that threatens our civil and political rights as elections are not the end to what we can collectively achieve as a nation, but a new beginning for nation and citizenship building. We should all remind ourselves that no one is above the law, not even the President himself. Every Filipino should be a law-abiding citizen even when it comes to adhering to simple rules in our daily lives. The law maintains peace and justice and keeps us away from chaos and futility. Let us all be game-changers in our society by fighting for our causes and advocacies. Let us not succumb to evil intentions and peacefully combat those who are trying to undermine the rule of law. The first chapter provides the reader with both the historical and political context that has shaped election results. Co-authored by the seven student editors of the Journal (Clyde Gacayan, Edson Yap, Kirby Aguaras, Rene Aviles, Vanessa Silla, Theda Gumban & Mike Guillem) this chapter is a recollection of the most important events of the election which were revisited to provide context to the most pressing legal questions that surrounded the polls. This includes the pre-campaign period, where the rules on substitution of candidates have seemingly worked in favor of the Marcos-Duterte tandem. Further, the campaign period, which is regulated by Republic Act (R.A.) No. 9006 or the Fair Elections Act, was marked by legal challenges as to campaign spending and the use of different media platforms, such as social media and ‘Operation Baklas” of the COMELEC, against which the Supreme Court issued a temporary restraining order as early as March 8, 2022. The May 9 polls, despite having a high voter turnout of 82.6%, were characterized by international observers as not meeting global standards for a free and fair election, as reports of election-related human rights violations surfaced. As early as the evening of election day, the landslide win of the Marcos-Duterte tandem became apparent yet unconvincing to many. What happened thereafter was unprecedented in Philippine electoral history. There were no pre-proclamation controversies nor election contests filed specifically against Marcos Jr., and his inauguration as the 17th President of the Republic of the Philippines went smoothly, overshadowing his family’s legal theatrics to escape liability from the 21-year dictatorial rule of his father, Ferdinand Marcos, Sr. 2021-01-01T00:00:00Z The Philippine party-list system and representation of marginalized populations Bionat, Justin Francis https://hdl.handle.net/20.500.14353/175 2023-06-22T07:17:08Z 2021-01-01T00:00:00Z The Philippine party-list system and representation of marginalized populations Bionat, Justin Francis The Party-list system is a unique aspect of the Philippine political system; a political battleground designed to ensure a representative democracy that allows for ample and proportional representation of marginalized groups in the House of Representatives. Guaranteed by Article 6 of the 1987 Philippine Constitution, the party-list system was created by the framers of the constitution as “a scheme aimed at giving meaningful representation to the interests of sectors which are not adequately attended to in normal deliberations(1)”. This article particularly explores the party-list system and argues for a necessary revamping of the process of selection and accreditation of party-lists. As Congress is empowered to define and prescribe the mechanics of party-list representation, laws like the Omnibus Election Code and the Party-list Systems Act have allowed for this system to operate. The 18th Congress has seen the party-list system continue to grow; however, it still lacks a mechanism to ensure proper representation. With the national elections happening this year, we again see the same trend of party-lists vying for a seat in Congress. However, just like in previous elections, these party-lists do seem to represent a clear marginalized group. So, is there a need to revamp the party-list system? And does being marginalized even matter anymore? In the fourth chapter, Bionat revisits the legislative intent behind the party-list system as illustrated in 2003 and 2009 party-list elections and no