The following topics have been approved for full legal research for SY 2023-2024:
A Study on the Progress of Republic Act No. 10627 or the Anti-Bullying Act of 2013, 10 Years After Its Effectivity in Bacolod City High Schools
By Mary Rica Lacson
This legal research aims to dissect and study the progress of Republic Act No. 10627, or the Anti-Bullying Act of 2013, on High Schools, categorically from Grades 7 to 10, located in Bacolod City. As the implementation reaches its 10th year, this study will uncover and assess the impact of this legislation concerning its effectuality in diminishing bullying incidents in the high school setting.
This research will use a mixed-method approach through the implementation of quantitative surveys and qualitative interviews. A survey will be conducted on students in grades 7 to 10, from ages 12 to 16, and student administrators in High Schools, specifically in Bacolod City, Negros Occidental. Interviews will be directed to students and school administrators, employing random selection to provide unbiased and concise answers for objective results on the effectiveness of this Act.
This methodology will give a clear judgment on the influence of the Anti-Bullying Act of 2013 after a decade of its application in the country. Furthermore, the results of this study will help administrators understand the root causes, issues, and prevalence of bullying incidents in the formative years of students. This study will also provide insights to lawmakers and school administrators on how they manage and address these issues, even after years of its enactment, to offer potential legislative strategies or amendments that will provide for a more effective statute and a safer environment for the school youth.
“Battered Woman Syndrome” as a Defense as Defined by R.A. 9262, its Effects on Civil and Criminal Liability, and Commenting on the Implications therefor on the Development of Future Penal Legislation
By Isabela Beatrice Aragon Cotelo
Dura lex sed lex, “the law is harsh but it is the law” as the legal maxim goes. But penal laws in the Philippines have evolved in light of recent scientific discoveries on the effects of personality disorders, psychological makeup, and persistent exposure to certain behaviors on a person’s ability to do voluntary action. From the clear-cut, stringent, and long-established tripartite statutory and doctrinal requisites of the justifying circumstance of self-defense, penal laws now make room for acting in self-defense while suffering from the Battered Woman Syndrome notwithstanding the absence of any of the elements that justify it. This research aims to inquire into the effects of the Battered Woman Syndrome of civil and criminal liability and to delve deeper into the implication of the enactment of R.A. 9262 on future penal laws. Specifically, this research will employ the analytical method of legal research approach and focus on examining and providing an exposition on the above-mentioned using primary sources of law, legal doctrines, case law, and relevant commentaries by contemporary legal luminaries.
The research objectives are to appraise Battered Woman Syndrome as a defense compared to self-defense as defined in Art. 11 of the Revised Penal Code; to examine its effects on civil and criminal liability as stated in the provisions of R.A. 9262 and in comparison to the effects of mitigating circumstances as defined by the Revised Penal Code on the same; to delve into the implications of the enactment of R.A. 9262 on the consideration of newly discovered psychological causes not inherent in the person in the development of future penal laws; and to inquire into the constitutionality of Par. c, Sec. 3 of R.A. 9262 defining Battered Woman Syndrome as found in women only as opposed to the equal protection clause.
The heart of this study is to provide fellow legal researchers and scholars of the law with insight on the concept of self-defense: how the conventional understanding of self-defense, though rigid, may evolve with scientific revelations on the state of the human mind, and to give emphasis to the accommodation of newly-discovered circumstances not contemplated by present penal law into future legislation for the benefit of the accused specifically women, victims of abuse and broadly, of people defending their life and liberty whose situations, though valid, are not within the import of the law, much to their detriment.
Evolution of Animal Rights and Protection Laws in the Philippines
By Alexandra Caldit
This research paper titled “Evolution of Animal Rights and Protection Laws in the Philippines” will be analyzing the various animal rights and protection laws in the Philippines. This research paper aims to complete three objectives by the end of this paper: First, it aims to understand the animal rights and protection laws in the Philippines. Second, it aims to analyze the evolution of animal rights and protection laws in the Philippines. Third, it aims to identify strategies or recommend ways to improve Philippine laws protecting animal rights. Through these three objectives, this research hopes to enlighten the minds of both the individual and the society as a whole moving forward when tackling the topics of animal activism and animal advocacy in the Philippines.
The methodology for this research paper will consist of a qualitative research design that makes use of official documents as a source of information to complete the three research objectives listed above. It will be delving into the various Philippine laws that have been enacted; and although the research paper will be primarily tackling animal rights and protection laws in the domestic sphere of the Philippines, it will also be comparing such domestic laws with those found abroad or in the international sphere.
Balancing Sustainability and Over-commercialism: A Study of Tourist Attractions in the Philippines
By Diana Marie Torcita Odio
Tourism in the Philippines has experienced rapid growth in recent years, bringing both economic opportunities and challenges. This research aims to investigate the delicate balance between sustainability and over-commercialism in the maintenance of tourist attractions within the country. The study will focus on identifying sustainable practices adopted by the Philippine government and the private sector while also assessing the level of risk and tendency towards over-commercialism in these tourist attractions.
The first objectives of this research is to identify and analyze the sustainable practices employed by the Philippine government and the private sector for the maintenance and development of tourist attractions in the country. By examining their respective approaches, this research will shed light on the initiatives, policies, and strategies that contribute to the sustainability of these popular destinations.
Secondly, this research seeks to assess the level of risk and the inclination towards over-commercialism within the tourist attractions of the Philippines. Understanding the threats and trends associated with over-commercialism is vital for safeguarding the ecological and cultural integrity of these destinations.
The potential significance of this study lies in its capacity to inform and guide stakeholders in the tourism industry. By uncovering the sustainable practices and potential risks associated with over-commercialism, this research will provide valuable insights for policymakers, local governments, businesses, and communities involved in the tourism sector. These findings can be used to develop more effective and sustainable strategies to preserve and enhance the country’s tourist attractions.
This research will involve conducting interviews with tourism officers and workers from the local government units (LGUs) and famous resorts in Negros Occidental, and tourism officers from some provinces in the Philippines. Negros Occidental serves as a representative province for the Philippines, offering diverse tourist attractions, both natural and cultural. By engaging with experts and practitioners in the field, this study will gather firsthand insights, experiences, and perspectives that will contribute to a comprehensive understanding of the dynamics between sustainability and overcommercialism in the country’s tourist destinations.
Ultimately, this research will play a pivotal role in enhancing the management of tourist attractions in the Philippines by promoting sustainability and mitigating the risks of over-commercialism. The findings will benefit the industry, local communities, and visitors alike, ensuring that the natural beauty and cultural heritage of the Philippines remain accessible and preserved for future generations.
The West Philippine Sea: Philippine territorial claims and the role of international law in resolving these disputes
By Mariela Louise Oebanda
The West Philippine Sea dispute has been a complex and long-standing issue of both territorial and maritime claims involving the Philippines and China. The issue escalated in April 2012 during a naval standoff over the Scarborough Shoal, aggravated by illegal occupation, unlawful establishment of infrastructures, and encroachment of the Philippines’ exclusive economic zone from China. In 2013, the Philippine government filed an arbitration case against China, questioning the legality of their territorial claim on the West Philippine Sea, to the Permanent Court of Arbitration. China claimed to have historical rights over the disputed area, as it falls within the parameters of their “nine-dash line”.
The Philippines contended that China’s “nine-dash line” claims bears no merit since it violates the United Nation’s Convention on the Law of the Sea, to which the Philippines and China are a party to such convention, regarding exclusive economic zones and territorial seas. The arbitration case ruled in favor of the Philippines, finding no merit to the China’s claims. Other claimants to the West Philippine Sea include Taiwan, Vietnam, Malaysia, and Brunei.
This study aims to examine the historical, geographical, and legal basis for the Philippines’ territorial claims in the West Philippine Sea, to assess the role of international law, specifically on treaties and conventions the regulate maritime disputes, and its relevance to the West Philippine Sea, and to analyze the implications of the existing arbitration case, diplomatic negotiations, and the Permanent Court of Arbitration’s decision in the West Philippine Sea dispute. This study shall utilize the descriptive type of research design which is aimed to find out the conditions, relationships, opinions, and beliefs of the key subjects. It is significant to know the legal implications of the West Philippine Sea dispute in order to assess and understand the importance of states’ adherence to international treaties and customary international law.
Assessing the Efficacy and Implementation of Republic Act 10121: Philippine Disaster Risk Reduction and Management Act of 2010 in the City of Bacolod
By Josiah Depasucat Su
This research aims to comprehensively assess the efficacy and implementation of Republic Act 10121, the Philippine Disaster Risk Reduction and Management Act of 2010, in the specific context of Bacolod City. The primary objectives are to evaluate how effective Bacolod City’s implementation of the Act’s provisions, its impact towards the city’s resilience to disasters, the community’s compliance to the provisions, and risk reduction measures. The study will identify challenges, providing recommendations for improvement.
In terms of methodology this research adopts a mixed-methods approach. Quantitative data will come from surveys and statistical records, while qualitative data will involve interviews and discussions with officials and residents of the city. Bacolod City will serve as a case study for in-depth analysis, with comparative assessments. Surveys will assess residents’ awareness and perception of disaster risk measures.
Data analysis will use statistical software for quantitative data and content analysis for qualitative data, the type of statistical tools to be used will be chosen upon the types of data that is collected. The research findings will yield recommendations for local authorities, disaster agencies, and policymakers.
This study will offer vital insights and possible improvements to local disaster risk reduction and management, not only with regard to the City of Bacolod but possible other cities and regions within the Philippines that could possibly be facing similar challenges.
Harmony and Tension: Intersecting Creative Expression and Human Rights in Theater
By Chretien Belle Gedang
This research aims to navigate the intricate relationship between creative expression, ethical considerations, and human rights in the context of theater, combining the critical themes of “Interpretation of Dramatics: The Blurry Line between Expression and Transgression” and “This is Theater: Setting the Boundary between Customs in Theater, and Human Rights.” The study addresses the nuanced challenges faced by artists in balancing artistic freedom with upholding human rights and ethical norms.
Seeking a deeper understanding of the delicate balance between freedom of expression, ethical boundaries, and human rights in theater, this research aims to foster an informed discourse supporting the ethical evolution of the theatrical arts. The first objective involves identifying the limitations of expression and libel in political satire plays, emphasizing the need for a balance between creativity and responsible representation, considering legal, ethical, and cultural perspectives.
Simultaneously, the second objective focuses on delineating clear boundaries between customs in theater and individual human rights. Through a meticulous examination of creative processes and the safeguarding of performers’ fundamental rights, the study synthesizes legal perspectives and ethical frameworks to offer comprehensive insights into the ethical considerations shaping the creative journey within the theatrical realm.
To conduct this comprehensive study, employing methodologies such as Literature Review, Interviews, content analysis, legal framework analysis, and ethical guidelines review is essential. This integrated approach allows for a nuanced exploration of the challenges faced by artists, ensuring a harmonious coexistence between creative expression and the preservation of human rights within the dynamic landscape of theater.
Consumers in Bacolod City’s Level of Awareness about Art. 81 or the Price Tag Requirement of R.A. No. 7394 otherwise known as the Consumer Act of the Philippines
By Alexa Isobel Ticar
This study aims to know and determine the level of awareness of the consumers in Bacolod City regarding Art. 81 of Republic Act No. 7394 otherwise known as the Consumer Act of the Philippines. The said article of the aforementioned Republic Act provides for the price tag requirement which states that “It shall be unlawful to offer any consumer product for retail sale to the public without an appropriate price tag, label or marking publicly displayed to indicate the price of each article and said products shall not be sold at a price higher than that stated therein and without discrimination to all buyers.”
The researcher will create an online survey questionnaire via Google Forms which will be utilized and will serve as an instrument to ask participants regarding their knowledge about the price tag requirement stipulated in Republic Act No. 7394. The results of the survey will allow the researcher to have a better understanding and gain the knowledge needed in order to determine the consumers’ level of awareness, which will help the researcher formulate the right conclusion and give proper recommendations.
Consequently, the outcomes of this study will benefit the consumers in Bacolod City as they will be able to be made aware about such legislation and they will be able to exercise their rights when purchasing products. Along with this, retailers would also be made aware of the duty that is required of them in regard to putting price tags in their products.
A Legal Perspective in Biometrics in Cybersecurity
By Louis Francis Montoro
As the reliance on digital technology grows, it is critical to implement comprehensive cybersecurity safeguards to safeguard sensitive information and protect persons’ privacy. Biometric authentication has developed as an important technology for improving cybersecurity, providing a unique and safe way of identity verification. This study investigates the use of biometrics in cybersecurity, with a focus on the legal implications in the Philippines. The research digs into the underlying principles of biometric technology, shedding light on its role in reinforcing cybersecurity frameworks. The study also looks into biometric modalities including fingerprint recognition, facial recognition, and iris scanning, analyzing their strengths, weaknesses, and practical applications in the field of cybersecurity.
Given the sensitivity of personal data, legal frameworks play a critical role in regulating biometric deployment and use. This study examines the Philippines’ present legal landscape for biometric data protection or related matters, including applicable legislation, regulations, and judicial decisions. For example, the Data Privacy Act of 2012, Cybercrime Prevention Act of 2012, and Executive Order 810, s2009 (INSTITUTIONALIZING THE CERTIFICATION SCHEME FOR DIGITAL SIGNATURES). It evaluates the current legislative laws’ sufficiency in addressing future difficulties and potential threats linked with biometric technologies. Furthermore, the study looks into the relationship between biometrics and privacy rights in the Philippines. It investigates the conflict between the necessity for strong cybersecurity measures and the need to protect individuals’ right to privacy. The study examines significant legal cases and precedents with the goal of providing insights into the growing jurisprudence around biometrics and cybersecurity.
Saving the Children from Online Sexual Abuse or Exploitation by Republic Act No. 11930
By Metzi Light Capunong
The advent of technology paved the way for various innovations. One such innovation is the Internet. Due to its swift accessibility to diverse information, the use of the internet is beaming with opportunities for creativity and development. Yet, it is also plagued with exploitation, one of which is the online sexual exploitation or abuse of children.
In the Philippines, online sexual abuse or exploitation of children is very prevalent. A recent study conducted by the International Justice Mission revealed that one in 100 children in the Philippines is being used to produce child sexual exploitation material and nearly half a million Filipino children are victims of online sexual exploitation, in the year 2022 alone.
Republic Act No. 11930, otherwise known as the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act is promulgated to fight against the rampant online sexual exploitation of children in the country. Due to the novelty of the legislation, being effective only in 2022, it calls for a timely legal research study about its history, effects, and status quo.
The specific objectives of this legal research are (1) to examine the national government’s efforts before and after its enactment, and (2) to assess the legislative intent of the law vis-a-vis its status quo and current effects.
To achieve the specific objectives of this legal research, it will employ an analytical legal research methodology by utilizing sources such as statutes, implementing rules and regulations, legislative journals, newspaper articles, and other reliable online sources.
This legal research will significantly serve as a point of reference for private and public sectors and legal scholars to assess and lobby policy actions to ensure the effective implementation of this Act.
Assessing the Scope of implementation of the Animal Welfare Act of 1998 (Republic Act No. 8485) as amended by the Philippine Animal Welfare Act of 2013 (Republic Act 10631) in Bacolod City and Negros Occidental
By Fred Louie Donguez
The primary objective of this study is to conduct a complete assessment of the extent to which the Animal Welfare Act of 1998, as modified by the Philippine Animal Welfare Act of 2013, has been implemented in Bacolod City and Negros Occidental. This study aims to fill the existing knowledge gaps on the practical implementation of animal welfare legislation within local communities.
The methodology encompasses a comprehensive strategy that integrates both qualitative and quantitative research approaches. Conducting semi-structured interviews with important stakeholders, such as municipal authorities, animal welfare organizations, and law enforcement agencies, will yield valuable insights into the many issues and opportunities associated with the enforcement and compliance of the current legislation. Furthermore, an investigation will be carried out to assess the levels of awareness, adherence, and perspectives regarding animal welfare using a survey administered to individuals who own pets and engage in livestock keeping.
The study will utilize a comparative analysis approach to evaluate the differences in the enforcement of animal welfare legislation in different areas, as well as across various socioeconomic groups. This will enhance the comprehension of the various aspects that impact the effectiveness of animal welfare rules in different circumstances.
The research holds importance due to its ability to provide valuable insights for policy interventions aimed at improving the implementation of animal welfare legislation, thereby safeguarding and promoting the well-being of animals in Bacolod City and Negros Occidental. This study seeks to enhance the efficacy of local-level policies for enforcing and promoting animal welfare through the identification of obstacles in implementation, the proposal of targeted solutions, and the cultivation of community engagement. The research findings have the potential to be a helpful resource for legislators, animal welfare advocates, and community leaders who aim to enhance the treatment of animals in alignment with statutory demands.
Advancing Women’s Participation in the Academe: A Legal Perspective of Policies for Gender Equality in Central Philippine State University
By Shannia Louie Tapan
In a citizens-based lens, nation-building should be applied to a very deep intervention in a country of the sort that we can maximize resources and productivity when we are in control – referring to government policies that are designed to encourage a strong sense of national identity. The task of nation-building requires the participation of all regardless of their race, ethnicity, or gender in the creation of a strong state. This research explores the advancement of women’s participation in the academe through a comprehensive legal perspective, focusing on the policies implemented at Central Philippine State University (CPSU) to achieve gender equality. It will employ an examination of national legal frameworks and university rules and policies to assess their impact on the recruitment, retention, and promotion of women in academic positions within CPSU.
Central to the investigation is an analysis of potential barriers and discriminatory practices hindering women’s career progression in the university setting. By identifying gaps and challenges, the research aims to provide actionable insights for policymakers, administrators, and stakeholders. This study will be viewed in the effective application of the RA 9710, otherwise known as the Magna Carta of Women (MCW), particularly in the goal of non-discrimination in employment in the field of military, police and other similar services that include according the same promotional privileges and opportunities as their men counterpart, including pay increases, additional benefits, and awards, based on competency and quality of performance and provision
for equal access and elimination of discrimination in education, scholarships, and training.
The research will give importance to cultivating a supportive institutional culture that values diversity and actively promotes equal opportunities for professional growth. Through a combination of legal analysis, the research aims to contribute practical solutions to enhance women’s representation and influence in the academic sphere at CPSU.
Challenges and Recommendations of the Provincial Health Office of the Province of Negros Occidental in Conducting Medical and Dental Missions In Compliance to the Implementation of R.A. No. 1082 as amended by R.A. No. 1891 after the COVID-19 Pandemic
By Shanine Fortuno-Dinero
In a society, one of the most important roles of the government is the promotion and protection of its people’s health and wellness. That is why, Public Health Offices are vital in ensuring the safety of its people and future generations against health issues and the tendency of disease outbreaks. In line with this, the Public Health Offices such that of Negros Occidental is tasked to advocate, educate and promote health wellness, conduct vaccinations, setting safety standards in the community and in the workplace, montoring nutrition programs and implement other health-related projects as mandated by the national government.
In Relation to this, in June 15, 1954 Republic Act 1082 was approved which is an act Strengthening Health and Dental Services in the Rural Areas and Providing Funds Therefor and in June 22, 1957 Republic Act 1891 was approved to amend 5 sections of R.A. 1082. Since then, this has guided the public servants under the health sector especially in the rural areas where there is a high population of indigents who are in need of this support from the government.
However, in December 2019, a virus outbreak started in China and in January 2020, the World Health Organization declared it as a global health emergency. January 30, 2020, Philippines had its first case of COVID-19, and in March 2020, it has reached Negros Occidental. The pandemic was also detrimental to the PHO knowing that the frontliners were also people who may contract the virus. Hence, most of the operations including medical and dental missions were put on hold and most of the medical staff were mandated to focus in assisting and monitoring possible rise of cases in the province.
Thankfully, in March 26, 2023, the restrictions in relation to the pandemic were lifted in the Province of Negros Occidental and this was the signal for the PHO to restore the hampered programs. Now, this is where our research is going to come in and to study the challenges in conducting health and dental services to the province after the pandemic and gather possible recommendations that will help not only Negros Occidental but as well as other provinces that may find this research applicable and helpful.
In order to gather data, the researcher will conduct a survey to the PHO and to selected medical staff of RHUs of selected LGUs in the province. If time permits, additional interviews may be conducted to back up the data gathered. Data collected will be presented in this research for the benefit of using this as a tool to enhance the implementation of R.A. 1082 and this could also serve as a reference for future amendments if the outcome of this research will suggest possible legislation.
A Study on the Local Implementation of Republic Act 9520 (The Philippine Cooperative Code) in Promoting Cooperative Enterprises in Bacolod City
By Jasper Miguel Lopez
This research explores the local implementation of Republic Act 9520, also known as The Philippine Cooperative Code, and its impact on fostering cooperative enterprises in Bacolod City. The study delves into the intricacies of how this legislative framework is applied at the grassroots level, aiming to provide a comprehensive analysis of its effectiveness.
Through a combination of qualitative and quantitative research methods, the study investigates the extent to which RA 9520 has been instrumental in promoting and sustaining cooperative ventures within the unique socio-economic context of Bacolod City. It examines key indicators such as the formation and growth of cooperatives, their economic viability, and the level of community engagement.
Additionally, the research scrutinizes potential challenges and bottlenecks in the local implementation process, shedding light on areas that may require policy adjustments or targeted interventions. By critically assessing the practical implications of RA 9520 in Bacolod City, this study contributes valuable insights for policymakers, local authorities, and stakeholders involved in cooperative development, aiming to enhance the overall efficacy of cooperative enterprises as catalysts for economic and social progress.
Effectivity of Present Governing Bodies in the Philippines Related to Water Security and How It May Be Improved
By Jeremiah Diaz
The Philippines is a tropical country located in Southeast Asia and west of the Pacific Ocean. Annually, it experiences rainfall relatively often as it belongs to the typhoon belt. Despite the relative abundance of water throughout the archipelago, the country is still at risk from experiencing a water crisis as threats of climate change arise and governmental institutions have failed to achieve a water-secure Philippines.
According to the Philippine Water Supply and Sanitation Master Plan by the National Economic Development Authority, one of the issues that the country is facing in terms of governance is the fragmented Water Supply and Sanitation (WSS) sector, owing mainly to the weak cooperation among different agencies and LGUs in regard to WSS programs, activities, and projects and that investments in infrastructure and capacity-building have not been comprehensively planned and coordinated.
Furthermore, since the passage of PD 474 (1974), creating the National Water Resources Council and now the National Water Resources Board (NWRB), the management of the Philippines’ water resources has been exclusively been the responsibility of the national government. Moreover, the NWRB, who is the sole agency granting water rights, does not have municipal, city, provincial, or regional offices to cater to the transactions made by entities from different islands, creating bureaucratic and accessibility problems. This issue has forced Filipinos from areas inaccessible to Water Service Providers to illegally use the water resources available to them, and therefore has subjected them to unsafe water sources.
Article II Section 15 of the 1987 Constitution states that The State shall protect and promote the right to health of the people and instill health consciousness among them. However, when the state cannot provide for its people safe and accessible water due to administrative inadequacies, is it faithful in fulfilling this constitutional responsibility? Is there a remedy for this issue that plagues Filipinos?
ABORTION: Immoral and Unconstitutional
By Rhonsben Jonota
The issue of abortion is a contentious one that has been the subject of debate for several decades. Abortion is the deliberate ending of a pregnancy before the point where the fetus can survive independently outside the uterus. The motivations for obtaining an abortion are many, including medical justifications, financial limitations, and individual autonomy.
Abortion laws differ among countries and regions, with some jurisdictions permitting it under specific situations while others forbid it entirely. The abortion discussion frequently revolves around the moral and ethical consequences of terminating a pregnancy, as well as the rights of both the mother and the unborn.
In the Philippines, abortion is considered both immoral and unconstitutional. The Constitution of the Philippines recognizes the sanctity of human life and protects the rights of the unborn. (Article II, Section 12) Additionally, the Revised Penal Code of the Philippines criminalizes abortion, except in cases where the life of the mother is in danger. (Article 256)
The Catholic Church, which has a significant influence in the Philippines, also strongly opposes abortion. The Church teaches that life begins at conception and that abortion is a grave sin. (Catechism of the Catholic Church, 2270–2275)
This paper argues that abortion, viewed through the lens of morality and constitutionality, is both unethical and in violation of the fundamental rights enshrined in the Constitution. This paper aims to incorporate a descriptive narrative by conducting a comprehensive analysis of the moral arguments for abortion, taking into account numerous ethical viewpoints and religious perspectives. Moreover, this paper seeks to substantiate the expository component of the research by evaluating interpretations of the numerous provisions regarding the prevalence of abortion, its societal ramifications, and the legal framework around it.
This study will employ a descriptive-expository approach to provide a thorough review of the legal, ethical, and moral consequences of abortion, specifically examining its potential violation of constitutional rights.
A Study on the Efficacy of Bacolod City’s Drainage System: A Comprehensive Analysis in Light of the 2021 Bacolod Drainage Master Plan by the DPWH
By Stacey D. Llena
Efficient functioning of urban drainage systems is crucial for mitigating flood risks and ensuring sustainable urban development. This research article focuses on the assessment of Bacolod City’s drainage system and its effectiveness in mitigating flooding and ensuring sustainable urban development in relation to the Philippine regulations on sanitation and wastewater systems.
The Bacolod Drainage Master Plan was a project by the Department of Public Works and Highways (DPWH) aimed to improve the drainage system in Bacolod City. Pert Consultants, an engineering consultancy firm based in Bataan, completed the plan in 2020 in which, in this plan, the DPWH had identified 20 local roads that needed inland drainages. The purpose of the plan, in line with Philippine national laws on drainage systems, is to mandate the construction of an adequate and efficient drainage system for the area that it is supposed to serve. One of the crucial national laws that has mandated the Drainage Master Plan was Presidential Decree No. 1067, also known as the Water Code of the Philippines in which states that there must be drainage systems that should be constructed in order to address problems that relates to the flooding in several areas of the city.
Moreover, the Master Plan placed a strong emphasis on urban resilience by acknowledging the dynamic nature of climate patterns and aimed to fortify Bacolod city against potential climate-related challenges. By incorporating measures to adapt to changing climate patterns and extreme weather events, the plan presupposes that it sought to fortify the city against potential challenges. The purpose of this research article is to assess whether or not if the 2021 Bacolod City Drainage Master plan of the DPWH was effective and efficient in solving the flooding and waste-water problems that the City frequently encounters, especially during the rainy season; and to portray the importance of an effective drainage system to urban development in the light of local and national laws of the Philippines.
Legal Awareness and Compliance of RA 10742 or “Sangguniang Kabataan Reform Act of 2015” in Bacolod City
By Alexandra Grace Montero
In the recently concluded elections, the 5-year term of the Sanggunian Kabataan batch 2018 ends. This event gives rise to the new set of youth leaders that will serve the remaining term of the outgoing SK Council following the decision of the Supreme Court that declared the law which postponed the holding of the Barangay and Sangguniang Kabataan (BSK) Elections (BSKE). On this occasion, a new set of leaders is expected to have a comprehensive understanding and compliance with RA 10742 or the “Sanggunian Kabataan Reform Act of 2015”. Legal compliance is expected in all members of Government, more importantly, elected officers and this can only be achieved with a complete understanding of the law.
This Study aims to assess the level of awareness and compliance with RA 10742 or the “Sangguniang Kabataan Reform Act of 2015” in Bacolod City. The SK Reformed Act is the current act governing all the Sangunian kabataan in the Philippines. This act lays down the guidelines, qualifications and, powers, and functions of the Sanggunian kabataan and Sanggunian kabatan Pederasyon. Recently, Republic Act 11768 or AN ACT STRENGTHENING THE SANGGUNIANG KABATAAN, INSTITUTIONALIZING ADDITIONAL REFORMS TO REVITALIZE YOUTH PARTICIPATION IN LOCAL GOVERNANCE AND BY PROVIDING HONORARIUM OTHER BENEFITS, AND PRIVILEGES, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF REPUBLIC ACT NO. 10742, OTHERWISE KNOWN AS THE SANGGUNIANG KABATAAN REFORM ACT OF 2015” was signed last May 06, 2022. The law introduced significant reforms to strengthen the Sanggunian Kabataan and Sanggunian Pederasyon further.
The objectives of this research, are to evaluate the level of awareness and compliance of the Current administration of Sanggunian Kabataan and to identify challenges and provide recommendations for the newly elected SK officers as to the guidelines laid down by law.
This research will operate a quantitative research methodology to achieve the objectives mentioned. The data gathering method will be through the use of a survey questionnaire and interviews, the level of awareness and compliance of the SK Chairpersons and SK Kagawads of the said Law.
Evaluating the Impact of Republic Act 8749 (The Clean Air Act) on Air Quality and Public Health in Bacolod City
By Yjward Lim
This legal investigation explores the effectiveness of Republic Act 8749, commonly known as the Clean Air Act, in addressing air quality concerns and safeguarding public health specifically in Bacolod City. Utilizing a comprehensive approach that integrates legal analysis, environmental science, and public health considerations, the study assesses the overall influence of the legislation.
The inquiry begins by scrutinizing the provisions of Republic Act 8749 and their alignment with international standards and best practices in air quality management, emphasizing their adaptability to the unique challenges faced in urban areas. Subsequently, a combination of quantitative and qualitative methods is employed to scrutinize air quality data, investigating the relationship between the implementation of the Clean Air Act and observable changes in air pollution levels.
The research critically assesses the enforcement mechanisms and administrative effectiveness of environmental regulatory bodies tasked with overseeing compliance with the Clean Air Act. Identified gaps and challenges in the enforcement process provide insights into potential areas for legislative refinement or administrative improvement.
In conclusion, this legal research aims to provide a comprehensive evaluation of the impact of Republic Act 8749 on air quality and public health in Bacolod City, offering valuable perspectives for policymakers, environmental regulators, and public health professionals. By addressing the intersection of legal frameworks, environmental science, and public health outcomes, this study seeks to contribute to the ongoing discourse on sustainable urban development and environmental governance.
Restorative Justice and RA 9344: Examining the Effectiveness of Rehabilitation Programs
By Jabe Benice Pagayon
This research critically examines the interplay between restorative justice principles and the legislative framework established by Republic Act 9344, also known as the Juvenile Justice and Welfare Act of 2006, with a primary focus on assessing the effectiveness of rehabilitation programs for juvenile offenders in the Philippines. Employing a multi-faceted research approach, the study employs qualitative and quantitative methods, including in-depth case studies, interviews with key stakeholders, and a rigorous statistical analysis of recidivism rates among participants in rehabilitation programs.
The research aims to provide a nuanced understanding of the integration of restorative justice practices within the context of RA 9344. By exploring the practical implications of these measures and their impact on successful reintegration into society, the study seeks to offer comprehensive insights into the strengths and limitations of existing rehabilitation programs. Through the identification of best practices and potential areas for enhancement, the research contributes valuable perspectives to ongoing discussions on juvenile justice in the Philippines.
The ultimate goal of this research is to inform evidence-based policy recommendations that foster a more rehabilitative and restorative juvenile justice system. The outcomes of this study hold significance for policymakers, practitioners, and scholars dedicated to refining rehabilitation initiatives within the legal parameters set by RA 9344, ultimately contributing to the advancement of a more effective and compassionate juvenile justice system in the Philippines.
Beyond Innovation: Unveiling the Legal Dynamics of Artificial Intelligence and Automation in the Philippine Work Environment
By Jhian Brein N. Sanido JD1
As advancements in artificial intelligence (AI) and automation technologies permeate the workplace, a profound impact on labor dynamics, data protection, cybersecurity, and e-commerce practices has become increasingly evident. This study examines the multifaceted legal and ethical considerations arising from the integration of AI and automation in the workplace within the context of Philippine legislation. Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, serves as the primary legal framework governing employer-employee relationships. This research scrutinizes the implications of AI and automation on traditional labor laws, exploring issues related to job displacement, employee rights, and the evolving nature of work in light of these technological developments. In tandem with labor laws, the study delves into the intersection between AI and data privacy under Republic Act No. 10173, the Data Privacy Act of 2012. It analyzes the challenges posed by AI in processing vast amounts of personal information, emphasizing the need for enhanced safeguards to protect individual privacy rights while fostering innovation in the workplace. Additionally, the research evaluates the implications of AI and automation in relation to cybercrime laws, particularly Republic Act No. 10175, or the Cybercrime Prevention Act of 2012. The study scrutinizes potential cybersecurity risks associated with AI deployment in the workplace and assesses the adequacy of existing legal provisions in addressing emerging threats. Furthermore, the study explores the interplay between AI and e-commerce regulations, as stipulated in Republic Act No. 8792, the Electronic Commerce Act of 2000. It investigates how AI-driven automation impacts electronic transactions, consumer protection, and contractual agreements within the digital marketplace, highlighting the need for legal adaptation to technological advancements.
This research contributes to the ongoing discourse on the ethical and legal dimensions of AI and automation, offering insights into the challenges and opportunities presented by these technologies in the Philippine context. The findings aim to inform policymakers, legal practitioners, and stakeholders in developing nuanced strategies to balance technological innovation with the protection of individual rights and societal interests in the evolving landscape of the modern workplace.
Advancing the Legal and Social Rights of Individuals with Autism Spectrum Disorder
| By Roxanne Labayen Toleco, JD1 |
The prevalence of Autism Spectrum Disorder (ASD) has surged in recent years, highlighting the need for comprehensive research to advance the legal and social rights of individuals within the community. This prospective study seeks to bridge the gap between existing legal frameworks and the nuanced lived experiences of individuals with ASD.
The first objective involves examining the legal frameworks pertaining to the rights of individuals with Autism Spectrum Disorder (ASD) through Republic Act 7277, the effectiveness of these frameworks in ensuring legal protection and promoting inclusivity will be gauged through the outcomes of these examinations. In addition, the second objective focuses on the provisions of Republic Act 10524 and how does the legal challenges encountered by individuals with ASD in various domains such as education, employment and healthcare are addressed and protected. Lastly, the third objective aims to assess the impact of legal interventions, policies and programs designed to advance the rights of these individuals as well as strengthening their efficacy in fostering social inclusion, accessibility, and equitable opportunities.
By centering the study in Negros Occidental and employing qualitative research methods, this research aims to provide a localized understanding of the legal and social challenges faced by individuals with ASD. The insights gained from in-depth interviews will contribute to the broader discourse on advancing legal and social rights, with implications for policy recommendations and community-driven initiatives in Negros Occidental.
Examining the Impact of Local Government Efforts on Reproductive Health: A Case Study of Negros Occidental’s Rural Areas under Republic Act 10354
By Ella Pontevedra, JD1
This study delves into the pivotal role of local government units (LGUs) in implementing and sustaining initiatives related to
responsible parenthood and reproductive health as mandated by Republic Act 10354 within the rural landscapes of Negros Occidental. This research aims to discern the specific initiatives, policies, and programs orchestrated by LGUs to promote responsible parenthood and reproductive health within these communities.
Through surveys, this study shall employ quantitative methodologies to quantify the frequency and consistency of LGU-led initiatives, policies, and programs over a defined period. By establishing a timeline and quantifiable measures, it seeks to elucidate the dedication and steadfastness of LGUs in executing these efforts.
Furthermore, in support of interpreting the quantifiable data, key informant interviews within select rural communities to gauge the direct impacts of LGU interventions. Specifically, it shall examine the effects on healthcare accessibility, family planning awareness, and overall well-being within these communities. This entails measuring shifts in knowledge, attitudes, and practices concerning family planning and reproductive health, alongside assessing improvements in health outcomes, economic stability, and social welfare indicators.
Moreover, the study shall delve into the living conditions, socioeconomic status, and available support systems provided by LGUs
to families, elucidating the environment in which children are raised. Through surveys and interviews, it aims to comprehend the landscape in which these families operate and the support networks available to them.
In conclusion, this research endeavors to provide a comprehensive understanding of the impact of LGU-led initiatives on reproductive health in Negros Occidental’s rural areas. With quantitative data through surveys, supported by key informant interviews, the study shall evaluate direct effects and analyze socioeconomic contexts of the respondents and shall aim to offer insights essential for policy refinement and enhanced community well-being.
Harmony and Tension: Intersecting Creative Expression and Human Rights in Theater
By Chretien Belle F. Gedang, JD1
This research concentrates on the intricate intersection of Customs in Theater, and Human Rights, eschewing the broader focus on creative expression, ethical considerations, and human rights within the theatrical context. The study delves into the
analysis of theater customs in Europe and their code of practice, meticulously comparing them with the current practices and customs in Philippine Theater. In examining the delicate balance between freedom of expression, ethical boundaries, and human rights specific to theater, the research aims to contribute to an informed discourse supporting the ethical evolution of the theatrical arts. It pursues a singular objective: delineating clear boundaries between customs in theater and individual
human rights. This involves a detailed comparison of the creative processes, ethical considerations, and legal perspectives shaping the theatrical landscape in Europe in comparison with the Philippines. Through a meticulous examination of creative processes and the safeguarding of performers’ fundamental rights, the study synthesizes legal perspectives and ethical
frameworks to offer comprehensive insights into the ethical considerations shaping the creative journey within the theatrical realm.
To accomplish this focused investigation, the research employs various methodologies, including Literature Review, content analysis, legal framework analysis, and review of ethical guidelines. Through this concentrated approach, the study seeks to offer
nuanced insights into the ethical considerations influencing the relationship between customs in theater and the preservation of human rights.
Analysis of Vape Laws in the Philippines: Evaluating Regulatory Frameworks, and Enforcement Mechanisms
By Sidney S. Cordova, JD1
Vaping devices gained popularity as an alternative to traditional tobacco smoking, with the idea that they might present a less harmful option. This legal research conducts an analysis of vaping laws in the Philippines, focusing on local regulatory frameworks, enforcement strategies, and their impact on public health.
The research commences with an examination of existing vape-related legislation in the Philippines, closely looking at the legal structures governing the entire vaping process. Following this, the study delves into assessing the Philippine approach in terms of commonalities, distinctions, and emerging trends. The research probes the public health implications of vaping in the Philippine context, particularly concerning youth, non-smokers, and vulnerable populations. The aim is to contribute to the
continuous improvement and development of vaping regulations within the country.
Emphasis is placed on enforcement mechanisms, evaluating their effectiveness in ensuring compliance with vaping laws in the Philippines. This analysis gains depth by examining the functions performed by domestic law enforcement agencies and regulatory bodies. Additionally, the study explores industry compliance and accountability, assessing whether retailers and distributors adhere to local regulations.
The research aims to analyze the data on enforcement, penalties, and compliance rates, to conduct interviews with law enforcement officials, regulatory bodies, and industry representatives to assess the enforcement landscape.
A research on the Comprehensive Agrarian Reform Act of 1988 and its effect on small and big farmers alike.
By Andy Benedicto, JD1
This research aims to explore the intricate effects of the Comprehensive Agrarian Reform Act of 1988 on the Agricultural landscape here in the Philippines. The research specifically dwells on examining the influence and effects of the Comprehensive Agrarian Reform act on small and large land holdings, Through a comprehensive analysis of CARPS implementation, land
distribution patterns, and socio-economic outcomes, this research aims to uncover the differential impacts on farmers on varying scales whether having a small or a large landholding. By considering the Philippine context. The research aims to accomplish three objectives; First it aims to assess on the extent on which Comprehensive Agrarian Reform Program has achieved its
objectives in terms of land distribution, Second to analyze the impact of Land-distribution on Large-scale agricultural landowners and their adaptation strategies, Third to cite the the challenges and constraints faced by small and big farmers in the implementation of CARP, including to the issues on land tenure security, land use and land productivity.
In the context of methodology the research will use a qualitative approach which will involve conducting interviews with small-scale and large-scale farmers and also Comprehensive Agrarian Reform beneficiaries here in the province of Negros Occidental which serves as one of the important agricultural sectors in the Philippines especially in the production of Sugar. By engaging with planters and farmers this study will gather first hand insights, experiences and perspectives to determine the impact of Land-distribution, and also cite the the challenges and constraints imposed by CARP and also the economic effects that comes along with it. The research provides valuable insights into the Act’s effectiveness in promoting agricultural equity, rural development, and sustainable farming practices. The findings of this research contribute to the on-going discourse on agrarian reform policies, offering practical implications for policy makers, agricultural stakeholders, and the broader community.
The Anti-Fencing Law Philippines: A Comprehensive Analysis of its Implementation and Impact
By Stephen Siote, JD1
The Anti-Fencing Law in the Philippines, Republic Act No. 10863, stands as a critical legislative instrument aimed at restraining the illicit trade of stolen goods by penalizing individuals involved in the fencing of stolen property. This research endeavors to provide a thorough examination of the implementation and impact of the Anti-Fencing Law, shedding light on its effectiveness in addressing the pervasive issue of fencing in the country. The study employs a multifaceted approach, combining legal analysis, case studies, and empirical research to assess the practical application of the law within the Philippine legal system. It delves into the legislative intent, examining the nuances of the Anti-Fencing Law and its amendments to explain the intricacies of its provisions.
Additionally, the research scrutinizes notable court cases and their outcomes, offering insights into judicial interpretations and the
enforcement of penalties. Furthermore, the study investigates the collaboration between law enforcement agencies, prosecutors, and the judiciary in implementing the Anti-Fencing Law.
It explores challenges faced in the investigation and prosecution processes, evaluating the adequacy of existing mechanisms and
proposing potential improvements. Additionally, the research investigates the awareness and compliance levels among
stakeholders, including law enforcement personnel, legal practitioners, and the general public. A comprehensive assessment
of the impact of the Anti-Fencing Law on the prevalence of stolen goods circulation forms an essential component of this research. By analyzing crime statistics, market trends, and public perceptions, the study aims to discern whether the legislation has effectively deterred and reduced the incidence of fencing in the Philippines. Ultimately, this research seeks to contribute to the ongoing discourse on the efficacy of legal measures in addressing property crime and protecting the rights of victims. The findings hold implications for policy refinement, law enforcement strategies, and public awareness campaigns, aiming to foster a more secure and just environment in which the Anti-Fencing Law operates.
The One-Person Corporation: Unveiling the Dynamics of Solo Entrepreneurship in Modern Business
By Claudia Reyes, JD1
The concept of a “One Person Corporation” an innovation introduced by the Republic Act No. 11232 otherwise known as “Revised Corporation Code of the Philippines”. This One Person Corporation (OPC) encapsulates a unique entrepreneurial paradigm where a single individual assumes the roles of owner, manager, and workforce within a business entity. This abstract will go into the multifaceted dimensions of this entrepreneurial model, exploring its emergence, start up process, operational dynamics, challenges, and impact on the broader business and legal landscape.
The introduction of the One Person Corporation from the Title XIII, Chapter 3 of Republic Act No. 11232 represents a departure from traditional organizational structures. This paper will analyze the formation, qualification, exceptions of a One Person Corporation as a business venture and the legal basis behind the introduction of this new business model.
This study will explore the flexibility, autonomy, and creative freedom that characterize this business model that would be a big advantages for small and medium enterprises. This study will also delve into the how the modern day operational dynamics and platform would empower this solo entrepreneur’s strategy that could create more opportunities and create a more dynamic economy.
Since its introduction in 2019, there has been an uphill number of registration of business under OPCs and in these few years its existence is not without its challenges. This paper will also identify and discuss the limitation, challenges and potential pitfalls of this business model, that could potentially be a driving force for additional provisional changes to help the greater Filipino people.
In conclusion, this abstract presents a comprehensive overview of the One Person Corporation, offering insights into its genesis, operational intricacies, challenges, its broader socio-economic impact and the legal background that would be impacted by this new business model. By understanding the dynamics of solo entrepreneurship, policymakers, academics, and practitioners can better grasp its implications for the future of work, business, and economic systems for the future of the Philippine Economy and Society.
A Legal Review: Online Investment Schemes in the Philippines
By Matthew Encarquis, JD1
Over the years, the rise of online financial platforms has become prevalent – bringing about unprecedented opportunities for ordinary people and investors alike; however, it has also given rise to the concerning surge in unauthorized investment schemes in the country. Thus, this study explores the legal dimensions of such schemes within the Philippine jurisdiction, shedding light on challenges faced by regulators and investors alike, analyzing notable cases of unauthorized investment schemes, and
entangling the complexities involved in investigating and prosecuting these activities. This study also explores the legal remedies available to defraud investors, highlighting the limitations and gaps in the existing legal framework. This study also addresses the difficulties with cross-border jurisdiction frequently accompanying online investment scams, making it challenging for authorities to apprehend and prosecute perpetrators.
The rapid evolution of technology poses difficulties in keeping pace with emerging schemes and platforms. The need for continuous updates and amendments to existing laws and regulations is crucial to address these challenges effectively. The legal framework governing online investment platforms in the Philippines primarily falls under the purview of the SEC and the Securities Regulation Code. Examined is the Securities and Exchange Commission’s (SEC) role as the primary regulatory authority, focusing on its capacity to monitor and combat online investment fraud. In summary, this legal review seeks to contribute valuable insights to safeguarding investors’ interests and maintaining the financial market’s integrity in the digital age. Despite regulatory efforts, challenges persist in effectively regulating online investment platforms.
A Research on on the Comprehensive Agrarian Reform Act of 1988 and its Effects on Farmers
By Andy Benedicto
This research aims to explore the intricate effects of the Comprehensive Agrarian Reform Act of 1988 on the Agricultural landscape here in the Philippines. The research specifically dwells on examining the influence and effects of the Comprehensive Agrarian Reform act on small and large land holdings,
Through a comprehensive analysis of CARPS implementation, land distribution patterns, and socio-economic outcomes, this research aims to uncover the differential impacts on farmers on varying scales whether having a small or a large landholding. By considering the Philippine context. The research aims to accomplish three objectives;
First it aims to assess on the extent on which Comprehensive Agrarian Reform Program has achieved its objectives in terms of land distribution, Second to analyze the impact of Land-distribution on Large-scale agricultural landowners and their adaptation strategies, Third to cite the the challenges and constraints faced by small and big farmers in the implementation of CARP, including to the issues on land tenure security, land use and land productivity. In the context of methodology the research will use a qualitative approach which will involve conducting interviews with small-scale and large-scale farmers and also Comprehensive Agrarian Reform beneficiaries here in the province of Negros Occidental which serves as one of the important agricultural sectors in the Philippines especially in the production of Sugar.
By engaging with planters and farmers this study will gather first hand insights, experiences and perspectives to determine the impact of Land-distribution, and also cite the the challenges and constraints imposed by CARP and also the economic effects that comes along with it. The research provides valuable insights into the Act’s effectiveness in promoting agricultural equity, rural development, and sustainable farming practices. The findings of this research contribute to the on-going discourse on agrarian reform policies, offering practical implications for policy makers, agricultural stakeholders, and the broader community.
Anti-Terrorism Act of 2020: “Freedom vs Security” of Human Rights in the Philippines
By Vince Aplasca, JD1
The Anti-Terrorism Act of 2020 in the Philippines has emerged as a controversial legislative framework, triggering intense debates and rallies nationwide on the delicate balance between safeguarding national security and upholding individual freedoms. This study adopts a comprehensive and multiple approaches to dissect the various sides of this legislation, striving to achieve the three primary objectives.
First, a thorough analysis of the Anti-Terrorism Act’s key provisions will be conducted, with the focus on discerning its implications on human rights within the Philippine territory. This study examines how the Anti-Terrorism Act of 2020 intersects with fundamental human rights principles, which include privacy, freedom of expression, and due process. By situating this study within the broader landscape of international human rights standards, the research provides an understanding of the Bill’s alignment or difference from the standards of International Human rights Law. This exploration will serve as the
foundational pillar to evaluate the Bill’s impact on the rights and liberties of individuals.
Second, the study delves into the legislative intent behind the Anti-Terrorism Act of 2020, understanding the historical and contemporary context that shaped its formulation. By scrutinizing the motivations, objectives, and societal concerns that prompted the enactment of this legislation, the study seeks to explain the underlying rationale driving its provisions. Exploring why they made the Anti-Terrorism Act helps us grasp what it really is and how it fits into the social and political scene Third, the research critically assesses the real-world impact of the Anti-Terrorism Act of 2020, placing a specific emphasis on the dynamic equilibrium between individual freedom and national security.
Through the analysis of case studies, legal precedents, and other data, the study aims to unravel the practical consequences of the legislation on the lives of ordinary citizens. This assessment extends beyond legal frameworks to explore the broader societal and political implications, by providing a depiction of the Bill’s effects on the fabric of Philippine society. In blending these in-depth analyses, this research not only deepens the ongoing discussion on antiterrorism measures but also makes a meaningful contribution to our understanding of the complex interplay between freedom and security in the specific context of the Philippines.
The Competence and Accountability of LGUs in terms of Data Privacy of their Constituents
By Earl John Trocio, JD1
As technology advances so does the transition of acquiring and encoding records whether it be public or personal information. Institutions are required to set resources for the transition of data handling in the cyberspace. This transition from hard bound record gathering to soft bound encoding has been a challenge for some local government units especially located in impoverished areas in the Philippines.
The essence of data privacy have not yet “settled in” the minds of both local government units and their constituents. It is evident during early stages in the pandemic of COVID-19 until its post effects that personal information is needed to set foot in private and public institutions. Knowing that the Philippines is a third world country or a developing one the ideas of data privacy and the protection of that data are seemed to be brushed offed or ignored. The recent data breach that happened to the Philippine Health Insurance Corporation (PhilHealth) regarding an alleged ransomware attack was an eye opener on how important data protection is and how leaked data information can be utilized in fraud. The National Privacy Commission or also known as NPC encapsulates a guideline for the local government units on how to properly handle data information. The National Privacy Commission also provides the rights of the people to press charges in an event of data breach or leak. This study will provide clairvoyance on how data is being stored and protected by the local government units and how this data is vital to their
responsibilities as public servants.
Restorative Justice and RA 9344: Examining the Effectiveness of Rehabilitation Programs
By Jabe Benice Pagayon
This research critically examines the interplay between restorative justice principles and the legislative framework established by Republic Act 9344, also known as the Juvenile Justice and Welfare Act of 2006, with a primary focus on assessing the effectiveness of rehabilitation programs for juvenile offenders in the Philippines. Employing a multi-faceted research approach, the study employs qualitative and quantitative methods, including in-depth case studies, interviews with key stakeholders, and a rigorous statistical analysis of recidivism rates among participants in rehabilitation programs.
The research aims to provide a nuanced understanding of the integration of restorative justice practices within the context of RA 9344. By exploring the practical implications of these measures and their impact on successful reintegration into society, the study seeks to offer comprehensive insights into the strengths and limitations of existing rehabilitation programs. Through the identification of best practices and potential areas for enhancement, the research contributes valuable perspectives to ongoing discussions on juvenile justice in the Philippines.
The ultimate goal of this research is to inform evidence-based policy recommendations that foster a more rehabilitative and restorative juvenile justice system. The outcomes of this study hold significance for policymakers, practitioners, and scholars dedicated to refining rehabilitation initiatives within the legal parameters set by RA 9344, ultimately contributing to the advancement of a more effective and compassionate juvenile justice system in the Philippines.
Advancing the Legal and Social Rights of Individuals with Autism Spectrum Disorder
By Roxanne Toleco, JD1
The prevalence of Autism Spectrum Disorder (ASD) has surged in recent years, highlighting the need for comprehensive research to advance the legal and social rights of individuals within the community. This prospective study seeks to bridge the gap between existing legal frameworks and the nuanced lived experiences of individuals with ASD.
The first objective involves examining the legal frameworks pertaining to the rights of individuals with Autism Spectrum Disorder (ASD) through Republic Act 7277, the effectiveness of these frameworks in ensuring legal protection and promoting inclusivity will be gauged through the outcomes of these examinations. In addition, the second objective focuses on the provisions of Republic Act 10524 and how does the legal challenges encountered by individuals with ASD in various domains such as education, employment and healthcare are addressed and protected.
Lastly, the third objective aims to assess the impact of legal interventions, policies and programs designed to advance the rights of these individuals as well as strengthening their efficacy in fostering social inclusion, accessibility, and equitable opportunities. By centering the study in Negros Occidental and employing qualitative research methods, this research aims to provide a localized understanding of the legal and social challenges faced by individuals with ASD. The insights gained from in-depth interviews will contribute to the broader discourse on advancing legal and social rights, with implications for policy recommendations
and community-driven initiatives in Negros Occidental.
Analysis of Vape Laws in the Philippines: Evaluating Regulatory Frameworks and Enforcement Mechanisms
By Sidney Cordova, JD1
Vaping devices gained popularity as an alternative to traditional tobacco smoking, with the idea that they might present a less harmful option. This legal research conducts an analysis of vaping laws in the Philippines, focusing on local regulatory frameworks, enforcement strategies, and their impact on public health.
The research commences with an examination of existing vape-related legislation in the Philippines, closely looking at the legal structures governing the entire vaping process. Following this, the study delves into assessing the Philippine approach in terms of commonalities, distinctions, and emerging trends. The research probes the public health implications of vaping in the Philippine context, particularly concerning youth, non-smokers, and vulnerable populations. The aim is to contribute to the continuous improvement and development of vaping regulations within the country.
Emphasis is placed on enforcement mechanisms, evaluating their effectiveness in ensuring compliance with vaping laws in the Philippines. This analysis gains depth by examining the functions performed by domestic law enforcement agencies and regulatory bodies. Additionally, the study explores industry compliance and accountability, assessing whether retailers and distributors adhere to local regulations. The research aims to analyze the data on enforcement, penalties, and compliance rates, to conduct interviews with law enforcement officials, regulatory bodies, and industry representatives to assess the
enforcement landscape.
The Effects of RA 10931 or the “Universal Access to Quality Tertiary Education Act” on the number of out-of-school youth and Senior High School graduates of La Carlota who qualify to enroll in SCUs recognized by CHED in Negros Occidental
By Carlos Soliva, JD1
This study aims to identify the effects on the of RA 10931 or the “Universal Access to Quality Tertiary Education Act” on the number of out-of-school youth and senior high school graduate of La Carlota who qualify to enroll in SCUs recognized by CHED in Negros Occidental focusing on these three specific questions: (1) What are the struggles of the applicants (out-of-school youth and senior high school graduates of La Carlota) before availing the free tuition provided by the mentioned act? How does the SUC address these problems? (2) How does the SUCs recognized by CHED in Negros Occidental maintain the grit level of the beneficiaries towards free access to tertiary education during their 4-year stay in their respective school? (3) What are the common views of a selected employer who hires a newly graduated beneficiary of the free tuition provided by the act?
The researcher may conduct the following data gathering which includes preparing of a letter of consent and request to the State Universities and Colleges recognize by the CHED here in Negros Occidental to share with us their number of beneficiary from the time that the act was enacted. These results will be used to compare from the total present record number of the out-of-school youth collected by the DSWD. The researcher will interview some respondents of their preparations before taking the entrance exams prepared by the SUC. Afterwards, the researcher will observe how the beneficiary maintains their grit level until the time of their graduation. The researcher also, would like to ask selected employers of different fields present in Bacolod City about the performance of SUC graduates and a product of this free tuition act. Lastly, The information gathered by the researcher will be used to examine and to come up with a logical and reliable analysis about the effect of enacting the free tuition act to the out-of-school youth.
This study will benefit those Out-of-School Youth and the Senior High School Graduate (Student) of La Carlota City, SUC Faculty and staffs working in Negros Occidental, Employers owns a business established in Bacolod City and the Government of the Philippines.
The One-Person Corporation: Unveiling the Dynamics of Solo Entrepreneurship in Modern Business
By Claudia Reyes, JD1
The concept of a “One Person Corporation” an innovation introduced by the Republic Act No. 11232 otherwise known as “Revised Corporation Code of the Philippines”. This One Person Corporation (OPC) encapsulates a unique entrepreneurial paradigm where a single individual assumes the roles of owner, manager, and workforce within a business entity. This abstract will go into the multifaceted dimensions of this entrepreneurial model, exploring its emergence, start up process, operational dynamics, challenges, and impact on the broader business and legal landscape.
The introduction of the One Person Corporation from the Title XIII, Chapter 3 of Republic Act No. 11232 represents a departure from traditional organizational structures. This paper will analyze the formation, qualification, exceptions of a One Person Corporation as a business venture and the legal basis behind the introduction of this new business model.
This study will explore the flexibility, autonomy, and creative freedom that characterize this business model that would be a big advantages for small and medium enterprises. This study will also delve into the how the modern day operational dynamics and platform would empower this solo entrepreneur’s strategy that could create more opportunities and create a more dynamic economy.
Since its introduction in 2019, there has been an uphill number of registration of business under OPCs and in these few years its existence is not without its challenges. This paper will also identify and discuss the limitation, challenges and potential pitfalls of this business model, that could potentially be a driving force for additional provisional changes to help the greater Filipino people.
In conclusion, this abstract presents a comprehensive overview of the One Person Corporation, offering insights into its genesis, operational intricacies, challenges, its broader socio-economic impact and the legal background that would be impacted by this new business model. By understanding the dynamics of solo entrepreneurship, policymakers, academics, and practitioners can better grasp its implications for the future of work, business, and economic systems for the future of the Philippine Economy and Society.
Examining the Impact of Local Government Efforts on Reproductive Health: A Case Study of Negros Occidental’s Rural Areas under Republic Act 10354
By Ella Pontevedra, JD1
This study delves into the pivotal role of local government units(LGUs) in implementing and sustaining initiatives related to responsible parenthood and reproductive health as mandated by Republic Act 10354 within the rural landscapes of Negros Occidental. This research aims to discern the specific initiatives, policies, and programs orchestrated by LGUs to promote responsible parenthood and reproductive health within these communities.
Through surveys, this study shall employ quantitative methodologies to quantify the frequency and consistency of LGU-led initiatives, policies, and programs over a defined period. By establishing a timeline and quantifiable measures, it seeks to elucidate the dedication and steadfastness of LGUs in executing these efforts.
Furthermore, in support of interpreting the quantifiable data, key informant interviews within select rural communities to gauge the direct impacts of LGU interventions. Specifically, it shall examine the effects on healthcare accessibility, family planning awareness, and overall well-being within these communities. This entails measuring shifts in knowledge, attitudes, and practices concerning family planning and reproductive health, alongside assessing
improvements in health outcomes, economic stability, and social welfare indicators.
Moreover, the study shall delve into the living conditions, socioeconomic status, and available support systems provided by LGUs to families, elucidating the environment in which children are raised. Through surveys and interviews, it aims to comprehend the landscape in which these families operate and the support networks available to them.
In conclusion, this research endeavors to provide a comprehensive understanding of the impact of LGU-led initiatives on reproductive health in Negros Occidental’s rural areas. With quantitative data through surveys, supported by key informant interviews, the study shall evaluate direct effects and analyze socioeconomic contexts of the respondents and shall aim to offer insights essential for policy refinement and enhanced community well-being.
A Comparative Study about Republic Act No. 7942 (Philippine Mining Act of 1995) and Republic Act No. 8371 (Indigenous Peoples’ Rights Act of 1997)
By Arete Baribar, JD1
This legal research delves into the intricate nexus of mining activities within Indigenous lands, scrutinizing the legal framework established by Republic Act No. 7942 (Philippine Mining Act of 1995) and Republic Act No. 8371 (Indigenous Peoples’ Rights Act of 1997). The study aims to uncover the multifaceted implications, both legal and environmental, stemming from the coexistence of mining operations and Indigenous territories.
Republic Act No. 7942, designed to regulate the exploration, development, and utilization of mineral resources, intersects with the Indigenous rights protected by Republic Act No. 8371. The research examines how these laws interact and potentially conflict, scrutinizing the balance between economic interests and Indigenous land rights. By tracing the historical evolution of these statutes, the study illuminates the legal landscape that has shaped the relationship between mining corporations and Indigenous communities.
Environmental considerations form a pivotal aspect of this investigation. The research scrutinizes the ecological ramifications of mining activities on Indigenous lands, probing the adequacy of existing legal safeguards. It explores the tension between the economic benefits derived from mining and the ecological toll on these territories, striving to identify mechanisms for sustainable resource extraction that respects Indigenous environmental stewardship.
Additionally, the study evaluates the efficacy of mechanisms designed to secure Free, Prior, and Informed Consent (FPIC) from Indigenous communities, as mandated by international standards and enshrined in Republic Act No. 8371. It analyzes real-world cases to assess whether these mechanisms genuinely empower Indigenous communities in decision-making processes related to mining ventures on their lands.
Through a comprehensive analysis of case law, academic literature, and legislative texts, this research endeavors to provide a nuanced understanding of the legal and environmental complexities surrounding mining activities in Indigenous territories. The findings aim to inform policymakers, legal practitioners, and environmental advocates, fostering a discourse that seeks to harmonize economic development with the protection of Indigenous rights and environmental sustainability.
Ensuring Equitable Transactions: A Comprehensive Study of Consumer Protection Rights in the Digital Marketplace in the Philippines
By Darren Rumbines. JD1
This study aims to thoroughly investigate the realm of consumer protection rights in the digital marketplace within the Philippines. With the nation witnessing a substantial transition towards digital transactions, it becomes crucial to comprehend and ensure safeguard for consumers. The research will delve into the existing legal framework, evaluating its sufficiency in addressing the distinctive challenges posed by the digital marketplace. Through an extensive survey to consumers in the local and national population and examination of legislative documents, the study seeks to pinpoint gaps, strengths, and areas for enhancement in the current consumer protection landscape. Additionally, it will scrutinize the efficacy of enforcement mechanisms and the role played by regulatory bodies in advancing fair and equitable transactions. The study’s outcomes strive to offer valuable insights for policymakers, businesses, and consumers, aiming to cultivate a more resilient and adaptive consumer protection framework tailored to the complexities of the digital marketplace in the Philippines.
A Study on The Local Implementation of RA 7877 or The Anti-Sexual Harassment Act in Cultivating a Safer Environment for Women in Bacolod City
By Juliet Angeline Alvarez, JD1
This research delves into the local implementation of Republic Act 7877, commonly known as the Anti-Sexual Harassment Act, in Bacolod City. This aims to evaluate the effectiveness of measures taken to address and prevent sexual harassment, focusing on their impact on creating a safer environment for women within the community.
The study employs a qualitative approach by conducting interviews with key stakeholders, such as law enforcement officials, local government representatives, and advocacy groups, as well as with women in various sectors of Bacolod City. Through this comprehensive methodology, the study seeks to capture both the official perspectives on policy implementation and the lived experiences of women in different settings.
Preliminary findings suggest a complex interplay of factors influencing the success of RA 7877 implementation in Bacolod City. Challenges such as cultural norms, awareness gaps, and resource constraints emerge as crucial considerations. Additionally, the research explores the role of community-based initiatives and educational programs in complementing legislative efforts to foster a more secure environment for women.
The outcomes of this study aim to contribute valuable insights to policymakers, local authorities, and advocacy groups, providing evidence-based recommendations for refining strategies in the fight against sexual harassment, as well as in contributing to the existing literature on gender-based legislation and its local impact, offering recommendations for refining the implementation of RA 7877 in Bacolod City. These insights aim to inform policy adjustments, community education initiatives, and collaborative efforts to create a more secure and inclusive environment for women, ultimately advancing the broader goals of gender equality and safety in the community.
Evaluating the Efficacy of Republic Act 10175 in the Cybersecurity Landscape: A Comprehensive Analysis
By John Rene Trenuela, JD1
In the dynamic landscape of digital interactions and technological advancements, Republic Act 10175, known as the Cybercrime Prevention Act of 2012, stands as a cornerstone in the Philippines’ efforts to address the escalating challenges posed by cyber threats. This prospective study seeks to assess the effectiveness of Republic Act 10175 in combatting cybercrime without relying on traditional interview or survey methods. Instead, it will employ a thorough examination of legal documents, case studies, and existing literature to comprehensively analyze the legislative framework and its practical implications.
The research will critically evaluate the legal provisions outlined in Republic Act 10175, emphasizing their relevance and adaptability to contemporary cyber threats. By analyzing case studies and legal precedents, the study aims to provide a nuanced understanding of the legislative framework’s strengths and weaknesses, with a particular focus on its ability to address emerging cybercrime trends.
Furthermore, the study will explore the operational aspects of Republic Act 10175, assessing the enforcement mechanisms in place and their practical effectiveness. Legal analyses and reviews of documented cybercrime cases will be utilized to evaluate the implementation of the Act and its impact on deterring and addressing cyber threats.
In addition, the research will investigate the public’s awareness and perception of cybersecurity measures, relying on existing data sources and publicly available information. By analyzing trends and public discourse surrounding cyber threats, the study aims to infer insights into the general sentiment regarding Republic Act 10175 and its perceived effectiveness in protecting individuals, businesses, and critical infrastructure.
Through a meticulous examination of legal texts, documented cases, and publicly available information, this research aims to contribute to the understanding of Republic Act 10175’s effectiveness in the absence of direct interviews or surveys. The findings aspire to provide valuable insights to policymakers, legal practitioners, and cybersecurity experts, facilitating informed discussions on potential refinements to enhance the legislative framework’s efficacy in addressing the ever-evolving challenges of cybercrime in the digital landscape.
