Law Commons^™

Zoonotic Pathogens From Illegally Traded Wildlife Justify Adopting The One Health Perspective In Disease Response, Marianne Allison G. Lee, Vinyl Joseph S. Valeza, Jonathan Patrick H. Yan, Ronald Allan L. Cruz

Biology Faculty Publications

Recent studies have described a direct relationship between the illegal wildlife trade (IWT) and the prevalence of zoonotic pathogens in human populations. In the Philippines, the Philippine Integrated Disease Surveillance and Response (PIDSR) framework outlines the monitoring, response, and management of disease outbreaks, but needs to be updated in the wake of zoonoses from IWT. Here, we identified zoonotic pathogens that may be introduced to human populations through the IWT, pinpointed potential outbreak hotspots, and provided recommendations on how to improve the Philippines’ public health response while considering One Health. Using seizure data from the Biodiversity Management Bureau (DENR-BMB) covering …

A Micro-Analysis Approach In Understanding Electronic Medical Record Usage In Rural Communities: Comparison Of Frequency Of Use On Performance Before And During The Covid-19 Pandemic, Paulyn Jean Acacio-Claro, Ma. Regina Justina Estuar, Dennis Andrew Villamor, Maria Cristina G. Bautista, Quirino Sugon Jr, Christian E. Pulmano

Graduate School of Business Publications

In strengthening eHealth in the Philippines to support the universal health care (UHC) law, the scaling up and full adoption of electronic medical record (EMR) systems was strategically scheduled and supposedly completed in 2020. The Covid-19 pandemic, however, delayed these strengthening efforts. We wanted to assess the status of EMR adoption in primary clinics of rural health units (RHUs) and understand the frequency of use, particularly during the pandemic. Through analyses of EMR usage logs from selected RHUs in 2020, we estimated frequency of EMR usage based on duration of use and tested if this was influenced by the performing …

Clinical Interactions In Electronic Medical Records Towards The Development Of A Token-Economy Model, Nicole Allison S. Co, Jason Limcaco, Hans Calvin L. Tan, Ma. Regina Justina E. Estuar, Christian E. Pulmano, Dennis Andrew Villamor, Quirino Sugon Jr, Maria Cristina G. Bautista, Paulyn Jean Acacio-Claro

Graduate School of Business Publications

The use of electronic medical records (EMRs) plays a crucial role in the successful implementation of the Universal Healthcare Law which promises quality and affordable healthcare to all Filipinos. Consequently, the current adoption of EMRs should be studied from the perspective of the healthcare provider. As most studies look into use of EMRs by doctors or patients, there are very few that extend studies to look at possible interaction of doctor and patient in the same EMR environment. Understanding this interaction paves the way for possible incentives that will increase the use and adoption of the EMR. This study uses …

The Role Of The Oecd Guidelines For Multinational Enterprises And The National Contact Points In Shaping The Future Of Corporate Accountability, Patrick Simon Perillo

Ateneo School of Law Publications

The OECD Guidelines for Multinational Enterprises (OECD Guidelines) are one of the few measures that were successfully realised on the international plane in the decades-long pursuit of corporate accountability. For 20 years, the OECD Guidelines and their non-judicial grievance mechanism, the National Contact Point (NCP), have been continuously resorted to by victims and advocates in holding businesses to account for various abuses and misbehaviours. Interestingly, NCP cases (specific instances) have only steadily increased through the years despite the challenges, limitations and criticisms that the mechanism has been confronted with. And more states continue to adhere to the Guidelines, OECD members …

Measuring The Capacity To Combat Illicit Tobacco Trade In 160 Countries, Valerie Gilbert T. Ulep, Monica Paula Lavares, Ariza Francisco

Ateneo School of Government Publications

Background

Illicit trade of tobacco negatively affects countries’ tobacco control efforts. It leads to lower tobacco prices and makes tobacco products more accessible to vulnerable populations. In this study, we constructed an illicit tobacco trade index, which measures the structural and institutional capabilities of 160 countries in addressing illicit tobacco trade. We collected the most recent and best available data on general governance, tobacco control policies, and trade and customs practices.

Results

Singapore, New Zealand, Finland and Sweden lead countries with the most favorable illicit tobacco trade score. We observed a positive relationship between illicit tobacco trade scores and Gross …

Trends In National-Level Governance And Implementation Of The Philippines' Responsible Parenthood And Reproductive Health Law From 2014 To 2020, Vanessa T. Siy Van, Jhanna Uy, Joy Bagas, Valerie Gilbert T. Ulep

Health Sciences Faculty Publications

In 2012; the Philippines passed the Responsible Parenthood and Family Planning Law; a landmark legislation billed as a multisectoral and rights-based approach to further sustainable human development. This article is part of the first comprehensive evaluation of the implementation of the law by national-level actors. This evaluation is intended to assess the progress of implementers in the conduct of mandates; roles; and responsibilities described in the law and its implementing guidelines. Interviews with key national government officials and data from official documents and literature revealed 3 major trends in governance and implementation from 2014 to 2020. First; despite being a …

Tan-Andal V. Andal: The Deconstruction And Diminishing Of The Molina Guidelines, Amparita Sta. Maria

Ateneo School of Law Publications

No abstract provided.

Climate-Induced Stressors To Peace: A Review Of Recent Literature, Ayyoob Sharifi, Dahlia Simangan, Chui Ying Lee, Rose Reyes, Tarek Katramiz, Jairus Carmela C. Josol, Leticia Dos Muchangos, Hassan Virji, Shinji Kaneko, Thea Kersti Tandog, Leorence Tandog, Moinul Islam

Environmental Science Faculty Publications

Climate change is increasingly recognized as a threat to global peace and security. This paper intends to provide a better understanding of the nature of interactions between climate change and events that undermine peace through a systematic review of recent literature. It highlights major methodological approaches adopted in the literature, elaborates on the geographic focus of the research at the nexus of climate change and peace, and provides further information on how various climatic stressors, such as extreme temperature, floods, sea-level rise, storms, and water stress may be linked to different events that undermine peace (e.g. civil conflict, crime, intercommunal …

Addressing The Risks That Trade Secret Protections Pose For Health And Rights, Allison Durkin, Patricia Anne D. Sta. Maria, Brandon Willmore, Amy Kapczynski

Ateneo School of Law Publications

Human rights frameworks afford everyone the right to health and the right to enjoy the benefits of scientific progress and its applications. Both come together to create state obligations to ensure access to medicines and other health technologies. Though the impact of patents on access to high-quality; affordable medicines and health technologies has been well described; there has been little attention to the impact of trade secrecy law in this context. In this paper; we describe how trade secrecy protection comes into conflict with access to medicines—for example; by preventing researchers from accessing clinical trial data; undermining the scale-up of …

Analysing The Trend Of Illicit Tobacco In The Philippines From 1998 To 2018, Monica Paula Lavares, Hana Ross, Ariza Francisco, Nadia Doytch

Ateneo School of Government Publications

Tobacco taxation is the most effective measure to reduce cigarette consumption and consequently improve public health outcomes. It is also an important source of government revenue. The presence of an illicit tobacco market diminishes the public health and fiscal gains of cigarette levies by making cheaper non-taxed cigarettes available. To date, the research on the extent of illicit tobacco trade in the Philippines, despite its potential to inform policies for controlling the supply of illicit cigarettes, has been limited. This study provides an estimate of the size of the illicit tobacco market in the Philippines from 1998 to 2018. It …

Counterterrorism In The Philippines: Review Of Key Issues, Ronald U. Mendoza, Rommel Jude G. Ong, Dion Lorenz L. Romano, Bernadette Chloe P. Torno

Ateneo School of Government Publications

Terrorism has taken root in almost all corners of the world with terrorist organizations thriving in both rich and poor countries. In the Philippines, the Human Security Act of 2007 came into force to address the threat of terrorism to the national security of the country. However, the law has never been fully utilized. To provide law enforcers with a stronger legal measure to address acts of terrorism in the country, President Duterte certified a new Anti-Terrorism Bill as urgent, with Congress adopting the Senate version and approving it in the shortest time possible. Despite opposition from various sectors and …

The Impact Of Foreign Direct Investment On The Ecological Footprints Of Nations, Nadia Doytch

Ateneo School of Government Publications

We study the effects of foreign direct investment (FDI) on the rate of exhaustion of bioproductive physical land. We test for differential ecological performance of FDI in developed vs. developing countries, as well as in “clean” vs. “dirty” sectors. We examine the impact of six sector-level FDI flows on four ecological footprints (EF): Consumption EF, Production EF, Imports EF, and Exports EF, compiled by the Global Footprint Network. We estimate a dynamic panel model incorporating an Environmental Kuznets Curve (EKC) and differentiating across country development levels. The findings are intriguing. First, High Income countries tend to …

An Exploration Of Factors That Motivate Human Rights Workers Working In Areas With Armed Conflict In The Philippines, John Francis Hernandez, Jan Nikko Dela Paz, Ethan Cedric Chua, Mendiola Teng-Calleja

Psychology Department Faculty Publications

This study examined the experiences and motivation of human rights workers (HRWs) in areas affected by armed conflict in the Philippines. Six human rights workers from Karapatan responded to semi-structured interviews. Karapatan is a Philippine NGO whose mission is to uphold human rights and document instances of human rights violations. The results described the risks experienced by human rights workers in conflict afflicted areas in the country. Intrinsic factors that motivate HRWs to continuously engage in human rights work despite facing adverse situations include altruism; belief that they are advocating a just cause; feeling a sense of fulfillment; and strongly …

Sustainability Values Of Students As Influences On The Image Of A University Transitioning To Sustainability, Anna A. Mendiola

Marketing and Law Faculty Publications

The journey toward sustainability is a difficult process for a university given the complex requirements necessary for becoming sustainable. To implement sustainability initiatives effectively, therefore, it is important to obtain the support and commitment of university stakeholders. Having a good image as far as the school’s efforts at sustainability are concerned engages stakeholders and encourages that commitment. It is an important element of change as it provides evidence that the school is indeed serious in its activities. Yet is the perception of the school’s image influenced by the students’ sustainability values? A survey of 798 college students at a private …

An Analysis Of Supreme Court Decisions On Rape And Sexual Assault Assessing Their Compliance With The Convention On The Elimination Of Discrimination Against Women (Cedaw) Mandate To Eliminate Gender Discrimination And Promote Gender Equality, Amparita Sta. Maria

Ateneo School of Law Publications

This research paper builds on the previous study made by the Writer¹ on Philippine Supreme Court decisions on rape and other crimes involving violence against women. As with the prior study, this Paper looks into fairly recent decisions of the Court (2010-2017) with a specific focus on rape and sexual assault. This Paper assesses whether or not the doctrines and pronouncements made by the Court in these cases are compliant with the Philippine’s mandate under the Convention on the Elimination of Discrimination against Women (CEDAW) to eliminate gender discrimination and promote gender equality.

The Remapping And Analysis Of Human Rights And Peace Education In Asean / Southeast Asia (Philippine Report), Blesscille V. Guerra, Chris Evander O. Co, Ryan Jeremiah D. Quan

Ateneo School of Law Publications

Human rights and peace education (HRPE) has never been more relevant for the Philippines. As of this writing, there have been opposing views and experiences on key national issues concerning human rights and peace in the country. There have also been apparent disagreements and malpractice with regards to human rights protection, as well as the proliferation of discourses, paradigms, and policies, that seem to trivialize and abuse human life and the rule of law. Therefore, it is imperative to strengthen HRPE and ensure that it is grounded on truth and what is happening at the grassroots level. Despite these challenges, …

From Van Dorn To Manalo: An Analysis Of The Court’S Evolving Doctrine In The Recognition Of Foreign Divorce Decrees In Mixed Marriages, Amparita Sta. Maria

Ateneo School of Law Publications

Outside the Vatican, the Philippines is the only country that proscribes divorce. In the Family Code of the Philippines (Family Code), the sole provision that talks about divorce and of Filipino citizens possibly benefitting from this manner of severing marriage is Article 26. However, like other provisions in an entire code, this article does not operate in a vacuum. There is an implicit mandate that its construction and interpretation must be consistent, as much as possible, with other existing provisions of the law.4 Thus, although the Family Code amended and superseded the Family Relations chapter of Book I of the …

Economic, Social And Cultural Rights In The Context Of The Peace Process With The Cpp-Npa-Ndfp: Issues And Concerns, Sedfrey M. Candelaria

Ateneo School of Law Publications

The peace process between the Government of the Republic of the Philippines (GRP) and the Communist Party of the Philippines-New People’s Army-National Democratic Front of the Philippines (CPP-NPA-NDFP) was formally opened in 1995 in Brussels, Belgium. While several agreements have been signed between the GRP and the CPP-NPA-NDFP since then, only one major substantive agreement, i.e., the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) has been accomplished. Under the Hague Declaration of 1992, three (3) more substantive agreements are necessary to achieve a just and lasting peace, namely: (a) Comprehensive Agreement on SocioEconomic Reforms (CASER); …

Regulating Religious Robots: Free Exercise And Rfra In The Time Of Superintelligent Artificial Intelligence, Ignatius Michael D. Ingles

Ateneo School of Law Publications

No abstract provided.

Science As A Non-Issue, Fabian M. Dayrit

Chemistry Faculty Publications

No abstract provided.

Comparative Analysis Of The Memorandum Of Agreement On The Ancestral Domain (Moa-Ad) Aspect Of The Grp-Milf Tripoli Agreement On Peace Of 2001 And Framework Agreement On The Bangsamoro (Fab), Sedfrey M. Candelaria

Ateneo School of Law Publications

Peace processes, which often culminate in the adoption of agreements, have been used traditionally in international law to end armed conflicts. The form within which negotiated settlements have been contained are primarily up to the negotiating parties to determine. However, the legal characterization of these agreements are independently and objectively governed by a set of rules either under the municipal legal system or at the level of international law. A peace treaty is an “agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they stipulate the conditions of peace and …

Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria

Ateneo School of Law Publications

While wholly condemned and severely punished in domestic jurisdictions, the crime of rape is not as well-defined in the realm of international criminal law. While rape is recognized as a cruel reality in cases of war and international conflict, the punishments for its perpetrators and thus, the justice sought by their victims is still subject of controversy and debate.

In this Article, the Author examines the treatment of rape in international law. She uses several international statutes as well as two landmark cases from International Criminal Tribunals in order to examine several facets of rape as an international crime — …

Family Constitutions: A Case Study Of Ten Families--Problems, Issues And Concerns, Maria Teresa L. Galura, Ricardo H. Mercado, Joseph Sedfrey S. Santiago

Marketing and Law Faculty Publications

This paper looks at ten family constitutions crafted with the assistance of the Family Business Development Center (FBDC) within a span of at least two years. The families, all Filipinos, are in different industries, reside in various cities, and are in various stages of managerial transition between generations. The ten constitutions are analyzed from different relational and business angles, including governance structure, family communication, succession and retirement plan, professionalizing the business, strategic planning, ownership contract and business protocol. The paper proposes to undertake a comparative study of family constitutions in five ASEAN countries.

The Legal Characterization Of The Asia-Pacific Economic Cooperation (Apec) And The Individual Action Plans In International Law, Sedfrey M. Candelaria

Ateneo School of Law Publications

The emergence of various economic groupings in different parts of the world has given rise to the accompanying issue of compliance by member States with their commitments under the respective charters or codes of conduct of their economic or trade regimes. A fundamental concern confronting these regimes is the need to design a system of effectively enforcing the obligations and commitments assumed by member States. Historically, the evolution of law in the realm of international economic transactions took a cautious route. While States have traditionally entered into bilateral agreements in the form of friendship, commerce and navigation treaties, the concept …