Latest Abstracts

Transporting the Concept of Creeping Expropriation from de Lege Ferenda to de Lege Lata: Concretizing the Nebulous under International Law

by: Patrick Simon S. Perillo

 

The Note is an examination of the law-making mechanisms in the contemporary era that contributed to the transformation of the prohibition against creeping expropriation. The Note also illustrates how the said law-making mechanisms served as evidence of opinio juris and State Practice.

The Note also includes an analysis of Philippine law and jurisprudence that dissects the standards of indirect taking. These standards are also compared with international standards. The Analysis ends with a conclusion that the international standards must be applied to the Philippine jurisdiction.

 

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Search and Seizure: What Constitutes a “Responsible Officer Authorized by Law”

by: Regis V. Puno

 

One of the significant changes in the 1973 Constitution can be found under the revised search and seizure clause. Here, the authority to determine probable cause is granted to such other officer as may be authorized by law. Consistent with this rule, the President of the Philippines issued an executive order allowing the Chairman of the Presidential Anti-Dollar Salting Task Force to determine probable cause in matters involving dollar blackmarketing charges.

Vis-à-vis questions of neutrality and detachment, capacity to determine probable cause and due process, the Chairman may very well qualify as an effective officer in determining probable cause. Yet the further delegation by him to a fiscal/state prosecutor of such determination is an altogether different matter. Such is the issue discussed by the Author in this Comment.

 

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