Stare decisis

  I was the president of the   Maritime Law Association of the Philippines (MARLAW)   when the five-member Arbitral Tribunal released its July 12, 2016 decision in favor of the Philippines on most of its submissions on the West Philippines Sea (WPS)   issue.   MARLAW is an organization of lawyers and other professionals engaged in maritime practice and helps spur the development and advance the interests of the various stakeholders in the Philippine maritime industry, as well as the maritime interests of the Philippines.    MARLAW has been actively involved in the WPS campaign.   Since around   2009, China has steadily increased its efforts to consolidate its position in the   WPS   with varied tactics, including using its military, coast guard, and maritime militia to harass foreign ships; exploring and extracting resources in disputed areas; and constructing artificial islands and basing military and civilian assets ther...

    EDSA People Power Revolution is linked with the foreign debt   that led to Philippine economy’s decline since the 1980s.     In Marcos vs Manglapus, (G.R. No. 88211 September 15, 1989),   the Supreme   Court said that “nor are the woes of the Republic purely political. The accumulated foreign debt and the plunder of the nation attributed to Mr. Marcos and his cronies left the economy devastated.   xxx We cannot ignore the continually increasing burden imposed on the economy by the excessive foreign borrowing during the Marcos regime, which stifles and stagnates development and is one of the root causes of widespread poverty and all its attendant ills.”   Ferdinand Marcos Sr. was the longest-serving president in Philippine history, holding office for over 20 years, from December 30, 1965, until he was ousted on February 25, 1986. His 21-year rule (7,362 days) included a period of martial law from 1972 to 1981, allowing him to s...

  The legal   battle of the crocodile marks   was used in   one of   the   three   questions on intellectual property law   in   the 2025 bar exams.      In Question no. 12, XYZ Inc. filed before the Intellectual Property Office (IPO) Trademark Application No. 1-2025-12345 for the mark “TURTLE AND DEVICE.” XYZ Inc.’s mark is an image of a turtle with the word “Turtle” on its side.   ABC Inc. opposed the application, alleging that XYZ Inc.’s mark is confusingly similar or identical to its own mark, which is an image of a tortoise sans any accompanying words.     In its defense, XYZ Inc. argued that the entirety or totality, not just the dominant part, of the marks should be considered in determining whether there is infringement.   The question was lifted from the case of Lacoste S.A. v. Crocodile International Pte Ltd., (G.R. No. 223270 November 6, 2023 ) wherein   French fashion giant...

The Intellectual Property Office of the Philippines (IPOPHL) have formalized a partnership with   the Intellectual Property Association of the Philippines (IPAP)   and the Licensing Executives Society Philippines (LESP) that aimed at strengthening intellectual property (IP) protection in the country.   In two separate events, the IPO inked two memoranda of agreement (MOA) with the IPAP and LESP on March 2 and 6, 2026 respectively,  in Taguig City.   The term “intellectual property rights” consists of (a) copyright and related rights; (b) trademarks and service marks; (c) geographic indications; (d) industrial designs; (e) patents; (f) layout-designs (topographies) of integrate circuits; and (g) protection of undisclosed information.   IP laws lay down the remedies available to the IP owner in case of a violation of his rights through administrative, civil and criminal sanctions against violators.   The IP laws aim to protect and secure ...

  The Writs of Amparo (2007) and Habeas Data (2008)   were developed by the Supreme Court (SC)   to protect the   constitutional rights to life, liberty, security, and informational privacy.     This was reiterated in a resolution issued by the SC   on   May 6, 2025 entitled “In The Matter of the Issuance of the Writs of Amparo and Habeas Data for   Castro and   Tamano v. Lt.   Col. Dela Cruz, et al. (G.R. Nos. 269249 & 276602 ).   The writs were   created by virtue of the SC’s power to promulgate rules concerning the protection and enforcement of constitutional rights.   The writ   of amparo, which literally means “protection,” serves as a safeguard of individuals against threats to or violations of their right to life, liberty, or security, particularly in cases of extrajudicial killings and enforced disappearances. The writ helps break the cycle of impunity and facilitates the investigation a...

  I bought a purple-colored broom or   walis tambo at the Baguio City Public Market   in solidarity with the women vendors during the celebration of the International Women’s Day last May 8. The Baguio public market has been a cultural symbol of the city since it was   established in 1913. Located at the lower end of Session Road along Magsaysay Avenue,   this traditional market is a sensory experience with a    maze of shops selling souvenir items like   colorful native handwoven bags, textiles, wood carvings, walis tambo,    specialty foods and the buzz of bargaining between vendors and shoppers. With a total land area of about 3.25 hectares, the market has been a major trading center for more than a hundred years for products from the Cordillera region, including vegetables, fruits, meat, flowers, and coffee. The market is   made of six postwar structures finished with the same Baguio stone used in the earlier market bu...