AVAILABLE ONLINE: Volume 68, Issue 1
Mar 13, 2025
The First Issue of the Ateneo Law Journal’s 68th Volume is now available online.
This Issue examines the evolution and trajectory of reforms ranging from criminal law to environmental law, taking into consideration the specific needs arising from contemporary challenges facing Philippine society. It provides key insights into both established principles and emerging doctrines in niche fields.
The Article “The Proposed Philippine Code of Crimes (Book One): Salient Features and Comparison with the Revised Penal Code and the Spanish Penal Code” by Atty. Karina Mae P. Garcia & Redbert Chris T. Maines delves into the proposed criminal law reform, comparing it with the current Revised Penal Code and its predecessor, the Spanish Codigo Penal. The Authors note that while the Code of Crimes retains the structure of the Revised Penal Code, it simplifies and significantly reduces the number of provisions under Book One. The Article also emphasizes the need for reform in Criminal Law to address contemporary issues.
In the Article titled “Settling Conflicting Jurisprudence on the Determination of Heirship in a Special Proceeding as a Prerequisite to an Ordinary Civil Action: An Examination of the Landmark Case of Treyes v. Larlar,” Atty. Leonardo M. Camacho, with co-authors Aila Rose F. Asuelo and John Andre B. Miranda, explores the significant impact of the Treyes doctrine on Remedial Law and the Law on Succession. The Authors trace the jurisprudential development of a prior doctrine and contrast it with the nuances of Treyes. The Article also forwards how the Treyes doctrine advances the just, speedy, and efficient administration of justice.
Atty. Ericka Therese P. Uyguangco, in her Note “Is Trusting the Process Enough?: Introducing the Public Trust Doctrine to All Natural Resources, Exploring Its Placement in the Philippine Environmental Laws, and Supplementing the Rules of Procedure for Environmental Cases,” provides a novel approach on the State’s role in protecting the public by introducing the Public Trust Doctrine. The Article expounds its potential application to public utility corporations and other natural resources such as minerals, forests, and flora and fauna.
The Issue presents various novel perspectives from the different fields of law, reflecting its ever-changing and complex nature. It likewise invites readers to reevaluate the current legal framework and long-held beliefs in light of today’s cultural, political, and environmental milieu.
