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62 Ateneo L.J. 1 (2017-2018)

handle is hein.journals/ateno62 and id is 1 raw text is: 








Testing Constitutional Waters VIII: Coming

    Full   Circle with the Application of

    Executive Power and Judicial Consistency

    in  Marcos v. Manglapus and Ocampo v.

    Enriquez
    Sedfrey M. Candelaria*
    Angelo Francesco F. Herbosa**

*   '90 LL.M.,  University of British Columbia; '84 LL.B., Ateneo de Manila
University School of Law. The Author  is currently the Dean of the Ateneo de
Manila University School of Law and is a professorial lecturer on Constitutional
Law, Public International Law, Political Law Review, International Economic Law,
Children's Rights Law, and Indigenous Peoples' Rights Law for the same university.
He  is a former member  of the Government  of the Republic of the Philppines
(GRP)   Negotiationg  Panel for  talks with  the Communist Party of the
Philippines/New People's Army/National  Democratic Front  (CPP/NPA/NDF),
former Chief Legal Consultant to the GRP Negotiating Panel for talks with the
Moro  Islamic Liberation Front, head of Research, Publication, and Linkages Office
and the Department of Special Areas of Concern of the Philippine Judicial Academy
of the Supreme Court of the Philippines, former head of the Indigenous Peoples'
Desk of the Ateneo Human  Rights Center, and President of the Court Appointed
Special Advocates for Children/Guardians Ad Litem Foundation of the Philippines,
Inc. The  Author's  previous works  published in the journal include Testing
Constitutional Waters IV: Power of the Purse in Light of the Araullo and Belgica Rulings,
59 ATENEO  L.J. 317 (2014); Postscript to the Supreme Court MOA-AD Judgment: No
Other Way but to Move Forward, 54 ATENEo L.J. 269 (2009); Introducing the Indigenous
Peoples' Rights Act, 47 ATENEO L.J. 571 (2002); The Rights of Indigenous Communities
in International Law, 46 ATENEo L.J. 273 (2001); The Legal Characterization of the Asia-
Pacific Economic Conference (APEC) and the Individual Action Plans in International Law,
44 ATENEO  L.J. 405 (2000); & The IMF and the Philippines: Anatomy of a Third World
Debt, 36 ATENEO  L.J. 18 (1992). He is also the co-author of Testing Constitutional
Waters VII: Nationality, Citizenship, and Foundlings as Pronounced in Poe-Llamanzares v.
Commission on Elections, 61 ATENEo L.J. 29 (2016); Testing Constitutional Waters VI:
Developments in Treaty-Making and the Enhanced Defense Cooperation Agreement, 61
ATENEO  L.J. I (2016); Testing Constitutional Waters V: The Proposed Bangsamoro Basic
Law and the Primacy of the Sovereign Power of the State, 59 ATENEO L.J. 1027 (2015);
Walking the Line: The Philippine Approach to Church-State Conflict, 58 ATENEO L.J.
842 (2014); Testing Constitutional Waters III: Areas for Constitutional Reform in the
System of Checks and Balances - Making Sense of P-Noy's Tuwid Na Landas, 57
ATENEO  L.J. (2012), A Review of Legal Education in the Philippines, 55 ATENEO L.J.
567 (2010); Testing Constitutional Waters II: Political and Social Legitimacy of Judicial
Decisions, 55 ATENEO L.J. I (2010); Consultation and the Courts: Reconfiguring the


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