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1952 Bar Examination Questions
2 ATENEO L.J. 143 (1952)
31 People and the CIR
The Note addresses the issue as to whether the requirement that at least 31 employees must be involved in a labor dispute before the Court of Industrial Relations (CIR) can take cognizance of the case – under Section 4 of Commonwealth Act No. 103 – finds applicability under the status of the then Labor laws. [...]
10 ATENEO L.J. 310 (1960)
A Battle Not Won: Forging the Filipino World War II Veteran’s Claim for Benefits Against the United States of America
This Note studies the case of Filipino World War II veterans. It shows who called them to active military service, what promises were made to them, and what they got in comparison with what their American comrades-in-arms received. It also discusses what US citizenship under Section 405 of the Immigration Act of 1990 offers and [...]
38 ATENEO L.J. 219 (1994)
A Bribe for the Boatman: The Pains and Politics of the Value Added Tax (VAT) on Tolls
This Essay explores the issues and arguments for the proper application of the value-added tax (VAT) on tolls and seeks to answer whether tolls are VAT-taxable. For these purposes, the discussion is limited to the VAT, which requires the interpretation of tax laws and jurisprudence, and not to increases in toll fees, which requires the [...]
55 ATENEO L.J. 514 (2010)
A Brief History of the Future: Refugee Law and Policy in 2010, From Containment to Cooperation
This Article uses constructive speculation in attempting to present a scenario in refugee law and policy where the imperative driving policy is containment of displaced persons. It is premised on the likelihood of such an event prior to the realization of the critical need for more effective responses to displacement from national, regional, and international [...]
48 ATENEO L.J. 1006 (2004)
A Call for Philippine Implementation of Women’s Rights Under CEDAW
Violence against women comes in many forms: rape, sexual harassment, prostitution and trafficking, and violence against women in intimate relationships. The Convention on the Elimination of Discrimination against Women is the second most ratified treaty embodying a global consensus for fair treatment and protection for women. Still, there is a lot to be done. The [...]
52 ATENEO L.J. 765 (2008)
A Case Without Parallel and Precedent
This Keynote Address was delivered by Chief Justice Teehankee at the Ateneo Law Journal’s 35th Anniversary Celebration and Induction Ceremonies on 20 September 1986. The Speech discusses the ravaging effects of the Marcos dictatorship on the independence of the judiciary and the erosion of the Rule of Law. The Author discusses the farce that was [...]
31 ATENEO L.J. 11 (1987)
A Child’s Voice and Choice in Custody Disputes: A Search for a Standard
This Note won Second Best Thesis of the Ateneo Law School Class of 1994. It contends that the determination as to which party will obtain custody of the child is so sweeping that the courts have a broad discretion to consider many factors in arriving at a judgment securing the best interests of the child. [...]
39 ATENEO L.J. 50 (1994)
A Comparison of the Corporation Law and the Corporation Code
Almost ten years in the making, the Corporation Code did not radically deviate, to a large extent, from the provisions on the old law on the matter, the Corporation Law. In fact, certain provisions merely showcase the formalization of the old rules and regulations implemented by the Securities and Exchange Commission (SEC). Nonetheless, a comparison [...]
26 ATENEO L.J. 1 (1981)
A Critical Analysis of Leading Cases on the Constitutional Right to Strike in the Philippines
This Article aims at clarifying the rules of engagement in the exercise of the right to strike. It contends that the right should be availed of in a manner that does not do violence to the rights of others. The first part discusses the various tests presented by law and jurisprudence to determine the validity [...]
49 ATENEO L.J. 723 (2004)
A Critical Review of the Trust in the Philippines: The Past, Present, and Future
Renowned Harvard Law Professor Austin Wakeman said that “the purposes for which trusts can be created are as unlimited as the imagination of lawyers.” Despite the popularity and potential of the trust in foreign jurisdictions, it has remained relatively unknown and misunderstood in the Philippines. This Article seeks to answer questions about the trust by [...]
52 ATENEO L.J. 46 (2007)
A Critique of People v. Mateo
The Commentary analyzes the case of People v. Mateo, which involves appeals from the Regional Trial Court to the Court of Appeals before resorting to an appeal to the Supreme Court in cases where the penalty imposed is death, reclusion perpetua, or life imprisonment. In this case, the Supreme Court set a groundbreaking precedent. It [...]
50 ATENEO L.J. 148 (2005)
A Critique of the Proposed System of Gross Income Taxation
The main objective of the Article is to answer whether or not the Philippines should adopt the proposed system of gross income taxation instead of net income taxation. In answering this issue, the Author gives a short run down of the basic concepts in income taxation that are relative to the subject matter. He gives [...]
25 ATENEO L.J. 38 (1980)
A Dual Citizen’s Right to Vote: A Comment on Nicolas-Lewis v. Commission on Elections
The Overseas Absentee Voting Act of 2003 (Republic Act No. 9189) and the Citizenship Retention and Re-Acquisition Act of 2003 (Republic Act No. 9225) both provided an interesting intersection of two complementary rights and duties: that of citizenship and suffrage. The potential for amassing votes renders this intersectionality unique and of interest to both citizens [...]
52 ATENEO L.J. 199 (2007)
A Fair and Impartial Trial
The increasing awareness of the inviolable character of the human person makes relevant application in the administration of justice in criminal cases. In fact, it has been the resolve of most countries to include in their laws appropriate safeguards to shield the accused from a biased prosecution. In the Philippines, such safeguards find their basis [...]
11 ATENEO L.J. 1 (1961)