Ateneo Law Journal

Every Volume of the Journal opens with the Issue “Updates in Jurisprudence and the Law," which presents insightful analyses and reflections on the most significant legal developments of the past year. This long-standing tradition of showcasing not just contemporary but also riveting topics is articulated by Supreme Court Justice Samuel Gaerlan in his Foreword for this Issue.

In her Article entitled “Examining the Legal Obligations of Private Higher Education Institutions in the Philippines in Upholding the Right to Mental Health of Their Students,” Atty. Nina Patricia D. Sison-Arroyo underscores the right to mental health as a basic right and how existing legal frameworks provide duties and obligations for Higher Educational Institutions (HEIs) to uphold it. The Author likewise harmonizes current laws and administrative regulations, and pinpoints which gaps may need to be filled by the HEIs themselves.

The Article “Genio v. People: The Supreme Court’s First Explanation of the ‘New’ Standards in Analyzing Evidentiary Presumptions Against the Accused” by Atty. Ralph Christian P. Rosales revisits the case of Genio which provided that evidentiary presumptions must not violate the constitutional right of the accused to be presumed innocent until proven guilty. Recognizing the inconsistency between the Genio and Delim cases, the Author attempts to reconcile the two by recommending that the Delim doctrine be abandoned, and that Congress pass a law that criminalizes killings attended by malice, despite the lack of intent to kill.

Atty. Jonathan C. Jo, in his Comment “An Exception to the Exception: Recent Jurisprudence on the Application of Section 78 of the Indigenous Peoples Rights Act of 1997,” traverses through the legal implications posed by Pineda v. Pilando and Republic v. Carantes vis-á-vis the current recognition of Indigenous Peoples’ right to their ancestral domains and lands. Central to the Author’s analysis of Pineda and Carantes is Section 78 of the Indigenous Peoples Rights Act of 1997 (IPRA), which ensures the continued validity of prior land rights and titles recognized in Baguio City before the Act’s effectivity. The Author forwards alternative perspectives on the application of Section 78, oriented toward affording the protections under IPRA to the indigenous cultural communities of Baguio City.

This Issue offers incisive writings on a wide array of legal topics, including the Regalian doctrine, corporal punishment and child abuse, and store layouts in intellectual property. Collectively, these writings reflect the Journal’s enduring mission to engage with pressing legal issues and to advance meaningful discourse on the law’s role in shaping a just society.

You may access the Issue by clicking this link: https://tinyurl.com/ALJ-Issue-No-69-1.

Public International Law is a subject of legal scholarship in perpetual motion. The Fourth Issue of the Ateneo Law Journal’s 68th Volume offers a comprehensive overview of how changes in Public International Law influence the movement of legal opinion in various disciplines. The Issue highlights its application in Philippine law and jurisprudence, environment, human rights, and the burgeoning field of artificial intelligence.

Dean Sedfrey M. Candelaria and Atty. Maria Luisa Isabel L. Rosales, in their Article “Application of International Law to Philippine Municipal Law,” examine the application of international law in the Philippines using the twin doctrines of transformation and incorporation. Through the methodology of comparative analysis, the Authors follow the changing dynamic between municipal and international law under three different Constitutions of the Philippines. The Article further presents a thematic discussion of jurisprudence, highlighting how the Supreme Court has interpreted and reconciled international law within the Philippine legal system.

The Article “The Carbon Majors Report of the Philippine Commission on Human Rights: The Tip of the Rapidly Melting Iceberg?” by Atty. Tina Andrea V. Amador-Robles weighs upon the implications of the Commission on Human Rights of the Philippines’ National Inquiry on Climate Change insofar as it may serve as a powerful tool in rights-based climate litigation. The Author further delves into the developments within the international climate regime in the Article “Soft Law, Hard Consequences: Challenging Corporate Impunity for Climate Harms with International Human Rights Law.” Notably, the Article demonstrates the application of both soft and hard law instruments in establishing corporate answerability for environmental harm.

In her Note entitled “A Right of Their Own: Harmonizing the Philippines’ Citizenship Framework with the Right of Stateless Children to Acquire a Nationality Under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights,” Atty. Kathleen Traci P. del Rosario addresses the gap between the State’s right to determine its nationals and the human right of children to acquire a nationality. The Author recommends that naturalization processes for stateless children should cover both the child and his parents to minimize the risk of family separation, allowing the child to enjoy both the right to acquire a nationality and their right not to be separated from his parents.

This iteration of legal scholarship further explores the entanglement of international law with varying fields such as corporate accountability, artificial intelligence vis-à-vis armed conflict, trade and the environment, naturalization laws, and the arrest of an accused head of state. Altogether, this Issue reaffirms the call to consciousness in the ever-changing international legal landscape. The Journal, through this Issue, hopes to invoke in the minds of its readers a consciousness for the law that governs the relationships between States, and States with private individuals.

You may access the Issue through this link: https://tinyurl.com/ALJIssue-No-68-4.

The Ateneo Law Journal extends its warmest congratulations to its alumni Editor Jadel Kaye B. Gines for the recognition she received in the Foundation for Liberty and Prosperity's Dissertation Writing Contest.

Ms. Gines placed Third for her Juris Doctor thesis entitled "Turning the Tides: An Analysis of the Implications of the Water Code and IDEALS, Inc. vs. PSALM on Foreign Investment in Run-of-River Hydroelectric and Ocean Energy Power Generation vis-à-vis DOE Department Circular No. DC2022-11-0034 Allowing Full Foreign Ownership on the Exploration, Development, and Utilization of Renewable Energy Resources.”

The period for the submission of applications ends today at 11:59 P.M.

Immerse in the tradition of excellence. Be part of the legacy.

The application form can be accessed at https://tinyurl.com/ALJVol70ApplicationForm. More details about the application requirements will be sent upon submission of the application form.

For any further queries, please message the Ateneo Law Journal page.

Learn more about the opportunities available to Editors of the Ateneo Law Journal. Take the first step in weaving essential skills and disciplines into your law school journey and future legal career.

Embrace the pursuit of excellence. Carry on the tradition.

The Ateneo Law Journal is accepting applications from second and third year students who aspire to be Editors for its 70th Volume. Interested students may submit their completed application forms until 3 August 2025 (Sunday).

The application form can be accessed at https://tinyurl.com/ALJVol70ApplicationForm.

For any further queries, please message the Ateneo Law Journal page.

Mr. John Derick M. Gabrillo of Volume 69 reflects the Journal’s distinguished legal insight and capability, having presented his paper, "Information Warfare: Implications on National Security and Policy Recommendations," at the Supreme Court’s inaugural Freedom of Expression Symposium.

Embrace the pursuit of excellence. Carry on the tradition.

The Ateneo Law Journal is accepting applications until 3 August 2025 (Sunday). The application form can be accessed at https://tinyurl.com/ALJVol70ApplicationForm.

For any further queries, please message the Ateneo Law Journal page.

Photo taken by the Supreme Court Public Information Office.

Every Editor carries both the duty and the privilege of upholding a legacy of excellence forged by seventy-four years of legal scholarship.

Embrace the pursuit of excellence. Carry on the tradition.

The Ateneo Law Journal is accepting applications until 3 August 2025 (Sunday). The application form can be accessed at https://tinyurl.com/ALJVol70ApplicationForm.

For any further queries, please message the Ateneo Law Journal page.

Legal scholarship thrives in the minds of those who are relentless in their pursuit of knowledge. It is only through unwavering curiosity and the courage to question, explore, and refine that one truly begins to grasp the true depths of the law.

Embrace the Pursuit of Excellence. Carry on the Tradition.

The Ateneo Law Journal is accepting applications from second and third year students who aspire to be Editors for its 70th Volume. Interested students may submit their completed application forms until 3 August 2025 (Sunday).

The application form can be accessed at https://tinyurl.com/ALJVol70ApplicationForm. For any further queries, please message the Ateneo Law Journal page.

The Ateneo Law Journal congratulates the following Editors from the Class of 2025 for graduating and obtaining their Juris Doctor degrees from the Ateneo de Manila School of Law:

Jadel Kaye B. Gines (Second Best Thesis, "Turning the Tides: An Analysis of the Implications of the Water Code and IDEALS, Inc. vs. PSALM on Foreign Investment in Run-of-River Hydroelectric and Ocean Energy Power Generation vis-à-vis DOE Department Circular No. DC2022-11-0034 Allowing Full Foreign Ownership on the Exploration, Development, and Utilization of Renewable Energy Resources")

Lawrence R. Valenzuela (Second Honors, Rank 46)

We thank you for your service to the Journal. May the discipline and work ethic you have honed through your years in the Journal guide you through the Bar examinations.

The Ateneo Law Journal, for its 70th Volume, is now accepting Articles, Notes, Comments, and Essays from legal practitioners and scholars.

Kindly send your work at least two months before the publication date indicated in .docx format to [email protected].

All papers submitted will be subject to evaluation based on the standards of the Journal.

For those interested, you may contact the Lead Editors of the Issues through their e-mail addresses posted.

Please be informed that by contributing to the Journal, you are agreeing not only to the publication of your work via the traditional printed format, but also in all other forms, whether electronic or otherwise, that the Journal may hereinafter utilize as a means of distributing, publishing, and circulating its content. You also warrant that the submitted work has not been previously published.

As the celebration of Women’s Month has come to a close, the Third Issue of the Ateneo Law Journal's 68th Volume provides a timely collection of works on emerging women’s rights issues in the Philippine legal system.

The Issue opens with awe-inspiring Foreword articles penned by Supreme Court Associate Justice Amy Lazaro-Javier and Philippine Commission on Women Chairperson Ermelita Valdeavilla whose words seamlessly capture the unwavering determination of Filipino women throughout history.

In the Article entitled "Reproductive Justice: What it Means for Filipino Women," Atty. Amparita S. Sta. Maria examines the prevailing norms surrounding the reproductive health rights of women, with a focus on the legislative progress toward reproductive justice. She offers a compelling critique of the controversial “pro-choice” viewed through the lens of health and empowerment.

Atty. Maria Roda L. Cisnero, in her Article "Titimbangin: Innocent Until Proven Guilty at the Expense of the Best Interests of the Child — Reflections on the Ramifications of People vs. Agao on Child Victim-Witnesses," explores the real-life implications of the Agao case on the treatment of child witnesses in the context of r**e cases. Atty. Cisnero evaluates the judicial truths in Agao by providing a historical context that reflects the deeply-rooted patriarchal biases influencing the handling and resolution of r**e cases in the country.

In the Note "Honor Her Name: Recognizing Violence Committed Against Transgender Women in Dating or Sexual Relationships as Violence Against Women and Their Children Under R.A. 9262," Atty. Yves Peter Carlo D. Medina seeks to address the gap in the Anti-VAWC Act regarding the protection of transgender women’s rights. The Note recommends amending the law to allow for the prosecution of violence committed against transgender women.

Collectively, the works in this Issue underscore the need to reexamine our legal framework to better reflect the lived realities of women. The Journal reaffirms its commitment to advancing justice through legal scholarship. To this end, this Issue serves not only as a reflection, but also as a renewed commitment to ensuring that every woman’s voice is heard, her rights are respected, and her dignity is celebrated.

To access this Issue, kindly click this link: https://tinyurl.com/ALJIssue-No-68-3