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49 Ateneo L.J. 2 (2004-2005)

handle is hein.journals/ateno49 and id is 1 raw text is: 





No.  8353. The second is in the nature of a legislative review that gauges the
efficacy and repercussions of the Anti-Trafficking in Persons Act of 2003.
    Very engaging case comments  also form part of this issue including a (i)
critique the case of Mike Velarde v. SocialJustice Society, and proposes to have
a judicial definition of religion, to answer the question of whether the act of
a religious leader in endorsing the candidacy or urging  or requiring the
members   of  his flock to vote  for  a specified candidate, violates the
Constitution? (2) re-evaluation of the concepts of administrative exhaustion
of remedies and  independence  of the  COMELEC, as re-defined by the
concept  of transcendental cause in  the nullification of the Automated
Eledtion Contract awarded by  the Conunission  on Elections to the Mega-
Pacific Consortium; (3) analysis of the implications of the ruling on the
citizenship of Fernando Poe, Jr. on paternity and filiation and the quantum
of evidence necessary to prove the same; (4) examination of the freedom of a
contracting party to stipulate interest rates in relation to the power granted to
the courts by the Civil Code  to reduce the same  as a means  of ensuring
equity (5) proposal that the theory behind the Battered Woman  Syndrome,
as exhaustively discussed in People v. Genosa should expand the meaning of
unlawful aggression in self-defense; and the observation of the legislative
trend that seems to support such argument; (6) closer analysis of Commissioner
of Internal Revenue v. General Foods Corporation as it clarifies the terms
ordinary and necessary expenses in Income Taxation; and (7) discussion of
the theory of money perspective as an alternative framework to complete the
legal definition of the term negotiability under the Negotiable Instruments
Law.
    The wide-ranging  topies and their scholarly in-depth discussion makes
this issue a must read for all lawyers add students of the law. Once again, the
Ateneo  Law  Journal has come   out  with a  worthy  contribution  to the
growing collection of legal literature in the country.
    City of Manila, 22 September 2004.



                                 HON.   MA. AM'A   AUSTJA-viKRTINEZ
                                                          AssociateJustice
                                           Supreme Court of the Philippines


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