adlw

3
TOPIC: The Constitutionality of the Bangsamoro Basic Law ABSTRACT The purpose of the Bangsamoro Basic Law is to establish the new Bangsamoro political entity and provide for its basic structure of government, in recognition of the aspiration of the of the Bangsamoro people. Senator Miriam Defensor Santiago, a constitutional law expert, has also called the government and the MILF peace deal as illegal because it creates a substate instead of a mere autonomous region – one of the basis that the Supreme Court cited in declaring as unconstitutional the Memorandum of Agreement on Ancestral Domain (MOA- AD) between the Arroyo government and the MILF in 2008. Under the said case the Supreme Court declared that the MOA-AD cannot be reconciled with the present Constitution and laws. Not only its specific provisions but the very concept underlying them, namely the associative relationship envisioned between the Government of the Republic of the Philippines and the Bangsamoro Juridical Entity, are unconstitutional, for the concept presupposes that the associated entity is a State and implies that the same is on its way to independence. The Committee hearings on the present draft sought to clarify the extent of the powers of the Bangsamoro Chief Minister in relation to the President, as well as different branches of government. The proposed law has provided for a number of “intergovernmental relations mechanism” that would see the Bangsamoro government and national branches and agencies collaborate on matters that interlay with each other.

Upload: stephen-jacobo

Post on 03-Oct-2015

9 views

Category:

Documents


2 download

DESCRIPTION

adlw

TRANSCRIPT

TOPIC: The Constitutionality of the Bangsamoro Basic LawABSTRACTThe purpose of the Bangsamoro Basic Law is to establish the new Bangsamoro political entity and provide for its basic structure of government, in recognition of the aspiration of the of the Bangsamoro people.Senator Miriam Defensor Santiago, a constitutional law expert, has also called the government and the MILF peace deal as illegal because it creates a substate instead of a mere autonomous region one of the basis that the Supreme Court cited in declaring as unconstitutional the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the Arroyo government and the MILF in 2008. Under the said case the Supreme Court declared that the MOA-AD cannot be reconciled with the present Constitution and laws. Not only its specific provisions but the very concept underlying them, namely the associative relationship envisioned between the Government of the Republic of the Philippines and the Bangsamoro Juridical Entity, are unconstitutional, for the concept presupposes that the associated entity is a State and implies that the same is on its way to independence.The Committee hearings on the present draft sought to clarify the extent of the powers of the Bangsamoro Chief Minister in relation to the President, as well as different branches of government. The proposed law has provided for a number of intergovernmental relations mechanism that would see the Bangsamoro government and national branches and agencies collaborate on matters that interlay with each other.This paper will try to answer the question Does the Bangsamoro Basic Law creates a substate?

MEMBERS:Diana Jean AlbaStephen Rey JacoboTOPIC: Does UBER violate the franchising laws of the Philippines?

ABSTRACTUber is an American-based company founded in 2009; it is ridesharing application on smartphones that connects people who need rides with drivers. According to uber.com, with the use of Uber, there is no need to call a dispatcher or hail on the street. You can request a ride with the push of a button and track your drivers progress to your location.Ubers innovation in providing alternative faces legal problems globally. South Korea says both UberX and UberBLACK violate the law, stressing that anyone offering this service through the Uber platform will face severe punishment. The country vows to shut the firm down. In the Philippines, the Land Transportation Franchising and Regulatory Board staged a sting operation against a driver partnered with UberBLACK, Ubers premium service tier. Following a complaint issued by the Philippine National Taxi Operators Association against Uber, the Land Transportation Franchising and Regulatory Board arranged for an individual to book a short ride using Uber.This paper will try to answer the questions, is an executive rule sufficient to legalized Uber private transportation services? Should Congress enact a law regulating Uber and other similar service providers?

Members:Diana Jean AlbaStephen Rey Jacobo