Paano nga ba alamin ang legal na isyu

7/24/2019 Paano nga ba alamin ang legal na isyu

1/20

Professor Sarah Lou Ysmael Arriola


2/20

WHAT IS A LEGAL ISSUE? Itis an unsettled legal controversy or debate in law. Itmay appear as:

1. Absence of the law2. Gap in the law

3. onflictof laws or Supreme ourtrulings!. urrentdebate or issue in International law". #nsettled issue

$. %merging oncept

in Law&. 'he law is unconstitutional or is in violation of atreaty obligation


3/20

1.ABSENCE IN THE LAW

'here is an absence int

he law whent

here is no lawaddressing such issue or enforcing such rightwhicheither results to a human rights violation or resultsto a violation of a State obligation.

(or e)ample: In spite of the factthatthe Philippinesran*s +2, globally when itcomes to internaldisplacementwithin the years 2,,-2,12 with morethan 12.3 million people displaced from theircommunities/ the Philippines continues to have nointernal displacementlaw.


4/20


5/20

2.GAP IN THE LAW 'here is a gap in the law when there is a

situation thatitcannotaddress or when the lawcan be circumvented.

(or e)ample: In A 3,14 or the AntiGraftor

orruptPractices Act/ when a woman or man isused to induce a governmentofficial to actfavorably for one party/ itcannotbe consideredas a bribe. 5evertheless/ itis corruption. Itisgenderbased corruption. 'hus/ the thesis canpropose a separate provision in A 3,14.


6/20

3.

Conflict of Laws orSupreme Court rulings (or e)ample: 0id the Supreme ourtcase of 5eri

vs. Senate ommittees overturn the rulings in Senatevs. %rmita and Sabio vs. Gordon on e)ecutiveprivilege and legislative in6uiries7

(or e)ample: 0oes the Supreme ourthave thepower to issue a '8 againstthe proceedings of theSenate sitting as an impeachmentourt7 9see PSan* esolution on the orona dollar accounts


7/20

3.

Conflict of Laws orSupreme Court rulings 'his is an instance when two laws seem to be at

odds againsteach other or a recentSupremeourtruling seems to have overturned alandmar* decision.

(or e)ample: A 1,1"- or an Act0ecriminali;ing


8/20

4.Current e!ate inInternational Law Itis a debate among notable publicists and gurus

in international law. Itmay have been a practiceof some States butwas notsanctioned or evencondemned by the #nited 5ations.

(or e)ample: Is there a rightto anticipatory selfdefense7

(or e)ample: an torture be =ustified under the'ic*ing omb 'heory7

(or e)ample: Is there a ightto 'ruth underInternational Law7


9/20

5.UNSETTLE" ISSUE Itis an issue thathas notripened into a =usticiable

issue butitis being floated and debated in thecountry. Itis an issue thathas spar*ed debates of amagnitude thatitis found in headlines and arewritten aboutby reputable olumnists.

Itcan also be a pending issue before the Supremeourt9butbe careful in this area since the thesismightbecome moot


10/20

5.UNSETTLE" ISSUE (or e)ample: Is the >aiver in the SAL5 signed

by public officers a blan*etauthori;ation for the8mbudsman to loo* into all their accountsincluding dollar accounts7

(or e)ample: In a national election wherein oneof the 12 Senators notdue for election dies orgets elected to another position/ can the 13th

placer in the Senatorial midterm election ta*eover the vacated seat7


11/20

5.UNSETTLE" ISSUE Is the 0isbursementAcceleration Program 90AP

constitutional7

Is the %nhanced 0efense ooperation Agreement

9%0A bet

weent

he Philippines andt

he #SA atreaty or a simple defense agreement7


12/20

6.E#E$GING C%NCEPT INLAW It is a newly recogni;ed concept that needs to be

e)plored and its place in Philippine legal theoryneeds to discussed.

(or e)ample: 'argeted ?illings@ ight to Internet

Access as a uman ight@ Yogya*arta Principles as asource of ights for the LG'I@ ight to 'ruth@Internet as a Public #tility@ ight to ehabilitation as

a uman ight@ and %lec

trici

ty as a uman igh

t


13/20

7.THE LAW IS UNC%NSTITUTI%NAL %$IS A &I%LATI%N %' A T$EAT(

%BLIGATI%N >hen the law is alleged to be

unconstitutional/ it violates either the

e6ual protection clause/ the due processclause/ or any other provision of theonstitution.

>hen the law violates a treaty obligation/the States failure to repeal or amend thelaw is a continuing violation of a treaty

obligation.


14/20


15/20


16/20


17/20

THESIS STATE#ENT (or e)ample: ongressional insertions is the

e)ercise of the legislative power of ongressprovided for in Article


18/20

THESIS STATE#ENTonscientious ob=ection is the ob=ection to engaging in

a particular procedure or activity because of itsperceived incompatibility with the religious/ moraland ethical dictates of an individuals conscience.

'he right to pose conscientious ob=ections is ahuman right protected by no less than the 14-&onstitution and the International ovenant onivil and Political ights. 'hus/ this thesis drawsparameters as to the e)tent of conscientiousob=ections that can be allowed by the State and thelevel of protection given by the Philippine

government.


19/20

AI"S IN 'IN"ING (%U$ LEGALISSUE)1. esearch

2. eview your laws

3. onsulte)perts

!. 'estyour issues


20/20

) ASSIG5C%5' (8 Dune 2$/ 2,1!:Identify the legal issue in any of the following topics:

1 P0A(2 alamity (und

3 0AP! Candatory I< AI0S testing" %0A

EAssignmentshould be typewritten in a shortbondpaper. Itshould be passed in class. #se (ont12.

Documents

Paano nga ba alamin ang legal na isyu