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Mu Purple Hood Law Journal MU PURPLE HOOD LAW JOURNAL MISAMIS UNIVERSITY COLLEGE OF LAW Ozamiz City, Misamis Occidental Volume 1 2020 Issue 1 TABLE OF CONTENTS TITLE PAGE An In Depth Look on the 2019 Southeast Asian (SEA) Games ………………………..…….. 1 Bloody Cleansing: Police Killings And The Philippine War On Drugs ………………………..…….. 13 The Legality of Publishing a Drugs Watch List against Suspected Persons Involved in Drugs ………………………..…….. 22 Increasing the Subsidy of 4Ps: Is it a Safe Move? ………………………..…….. 30 On Constitutional Amendments: Is Federalism Really the Solution? ………………………..…….. 41 A Discussion On Whether Or Not LEBMO NO. 7, Series Of 2016 And Its Related LEBMOs (LEBMO NO. 11 AND LEBMO. NO. 18) Violate Academic Freedom Under Article XIV, Section 5(2) Of The Constitution And Whether Or Not R.A. No. 7662 Is Unconstitutional For Encroaching Upon The Jurisdiction Of The Supreme Court Over The Legal Profession ………………………..…….. 54 A Discussion on the Salient Features of the Revised Law Student Practice Rule ………………………..…….. 69 Law Organizations: Are They Essential to Survive in Law School? ………………………..…….. 79 Marawi Crisis and Its Underlying Impact ………………………..…….. 81 Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao: A Start for a Better and United Philippines? ………………………..…….. 87 Defining The Crime Of Aggression ………………………..…….. 94 Legal Dispute on Church Property: The Misamis Experience ………………………..…….. 100 Are Smart Contracts, Smart? ………………………..…….. 108 Volume 1 2020 Issue 1 Speedy Trial: Orderly, Expeditious And Deliberate ………………………..…….. 113 Equilibrium: Freedom Of Speech And Its Limitations ………………………..…….. 128 Jeepney Modernization: Your Ride to Change ………………………..…….. 137 Role of the Philippines on Environmental Issues ………………………..…….. 141 Volume 1 2020 Issue 1 EDITORIAL BOARD EDITOR-IN-CHIEF Steffi Dawn C. Ilagan Bachelor of Arts in Political Science (MSU – Iligan Institute of Technology) Juris Doctor - 2 ASSOCIATE EDITORS Neslie Marie M. Acain Angelic Tesio Bachelor of Arts in Communications Bachelor of Arts in Accountancy (La Salle University - Ozamiz) (Pilgrim Christian College) Juris Doctor - 2 Juris Doctor - 3 MANAGING EDITORS Jihan G. Banding Marlyn F. Wee Bachelor of Arts in Political Science Bachelor of Science - Psychology (Misamis University) (Silliman University) Juris Doctor - 2 Juris Doctor - 3 EDITORIAL STAFF Abigail Rem Soliva Mark R. Mira Bachelor of Arts in Management Accounting Bachelor of Secondary Education (University San Carlos) (Stella Maris College) Juris Doctor - 1 Juris Doctor - 1 Lisette Noreen Antiola Michelle Ann L. Paculanang Bachelor of Science in Financial Management Bachelor of Elementary Education (La Salle University - Ozamiz) (Saint Michael‘s College) Juris Doctor - 2 Juris Doctor - 1 Frances Dave L. Paculanang Eza E. Paguya Bachelor of Science in Bachelor of Science in Information Business Administration Technology (University of Science and (Saint Michael‘s College) Technology of Southern Philippines) Juris Doctor – 1 Juris Doctor – 1 Beauty C. Serino Mispa S. Hayao Bachelor of Arts in Political Science Bachelor of Elementary Education (MSU – Iligan Institute of Technology) (Blancia College Foundation) Juris Doctor – 2 Juris Doctor - 1 Marian Baylon Led Caliao Bachelor Science in Accounting Bachelor of Science in Computer Engineering (La Salle University) (Misamis University) Juris Doctor – 4 Juris Doctor - 2 Volume 1 2020 Issue 1 Nehemiah Montecillo Michelle D. Llanera Bachelor of Science in Computer Bachelor of Elementary Education Engineering (Misamis University) (MSU – Iligan Institute of Technology) Juris Doctor - 2 Juris Doctor – 2 Jann Peter Rocas Victor Emmanuel Berroya Bachelor of Science of in Bachelor of Arts in Legal Management Information Technology (Far Eastern University - Fern College) (La Salle University - Ozamiz) Juris Doctor - 3 Juris Doctor - 2 Genevieve Jore Farris Mae D. Jornales Bachelor of Science in Bachelor of Science in Business Administration Information Technology (Mindanao State University - Marawi) (MSU – Iligan Institute of Technology) Juris Doctor - 1 Juris Doctor - 3 Nikka Doria Bachelor of Science in Business Administration (La Salle University - Ozamiz) Juris Doctor - 1 LAYOUT EDITORS Patrick Edward Canseco Lieza Yazmin O. Banaag Bachelor of Science in Business Administration Bachelor of Arts in Political Science (MSU – Iligan Institute of Technology) (MSU – Iligan Institute of Technology) Juris Doctor - 3 Juris Doctor - 4 CONTRIBUTORS Vel Justin Inot Atty. Lhem J. Naval, OIC Dean Bachelor of Science in Accountancy Bachelor of Arts in Philosophy (Xavier University Ateneo de Cagayan) (Notre Dame of Marbel University) Juris Doctor - 2 Juris Doctor (Misamis University) MA (St. John Vianney Theological Seminary Jain Mae Rojo Cagayan de Oro) Bachelor of Arts in Political Science LLM Candidate (San Beda University) (Misamis University) Juris Doctor - 2 Atty. Marcelino S. Marata Bachelor of Arts in Philosophy Diana Rose Talibong (Saint Columban University) Bachelor of Science in Juris Doctor (Misamis University) Accounting Technology (Misamis University) Atty. Loueli-Talam Jabines Juris Doctor – 2 Bachelor of Science - Biology (MSU – Iligan Institute of Technology) Cyril Enriquez Nursing (Medina College) Bachelor of Science in Industrial Technology Juris Doctor (Misamis University) Major in Electrical Technology I (Northern Mindanao State College of Science O and Technology) O Juris Doctor – 2 ADVISER Atty. Cleo Marjo C. Cabanilla Bachelor of Science in Food Technology (Xavier University) Juris Doctor (University of San Jose Recoletos) Volume 1 2020 Issue 1 An In Depth Look on the 2019 Southeast Asian (SEA) Games Marlyn Wee, Angelic Tesio, Farris Mae Jornales and Victor Emmanuel Berroya Every two years, Southeast Asian (SEA) Games takes place. This year is the 30th edition of the Southeast Asian Games in the Philippines after 14 years from the time when we last hosted it in year 2005. The 2019 Southeast Asian Games (Tagalog: Palaro ng Timog Silangang Asya 2019), officially known as the 30th Southeast Asian Games or 2019 SEA Games and commonly known as Philippines 2019 is a biennial regional multi-sport event hosted in the Philippines from 30 November to 11 December 2019. All 11 members of Southeast Asian Games Federation (SEAGF) take part in the Philippine 2019. This edition will be marked by the first major decentralization in the history of the Games, with competition venues spread in 23 cities across the country, divided into 4 clusters, all located on the island of Luzon (Metro Manila, Clark, Subic/Olongapo, and a fourth cluster consisting of standalone venues). This will be the Philippines' fourth time to host the games. Previously, it had also hosted the 1981, 1991 and 2005 editions of the games. This edition is most notable for being the first edition to include esports and obstacle course as well as having the highest number of sports in the history of the games, at a total of 56.1 As per SEA Games rules, every host nation has the discretion to introduce new sports and this year‘s event has set the record for having the greatest number of sports and events in SEA Games history. Allow us to share to you some interesting things you ought to know with regards to this Philippines 2019 30th Southeast Asian Games. Fourth SEA Games hosting by the Philippines This is the fourth time that the Southeast Asian Games (SEA Games) will be held in the Philippines. Rizal Memorial Stadium was built for the 1981 edition of the regional meet which the Philippines ranked third. It hosted again in 1991 and landed second and the last was in 2005, where Philippines won its first overall championship – the first and last time the Philippines won the most medals in any SEA Games garnering 290 medals, with 112 Gold, 85 Silver, and 93 Bronze2. 1 2019 Southeast Asian Games, available at https://en.m.wikipedia.org/wiki/2019_Southeast _Asian_Games?fbclid=IwAR0e2TL23A8aEbWOGYmMp5159gP6gY9EgCNzRAQt-Z- SpY3Vk7ek73MO1Z4 last accessed November 27,2019). 2 Amoranto, T. (November 28, 2019). "[OPINION] A former national athlete‟s two cents on the 2019 Sea Games fiasco". Retrieved from https://www.rappler.com/move- ph/ispeak/245957-opinion-former-national-athlete-on-sea-games-fiasco.] 1 | M U P u r ple Hood Law Journal Volume 1 2020 Issue 1 We Win as One: 30th SEA Games theme The official slogan and theme song of this year‘s SEA Games is ―We win as one‖. Filipino heavyweights in the Arts wrote this song. The lyrics were written by Palanca-award winning writer and director Floy Quintos. The music was composed by National Artist Ryan Cayabyab featuring the voice of Philippines very own Tony awardee- Broadway star Lea Salonga. A meaningful line from the song that goes ―we compete but the greatest feat is we win as one‖ encapsulates the ideals of the Asian countries participating in the games, while they come to compete against each other, they must uphold the common dream to be unified as nations so that when we win, we win as one. Since 1985, Southeast Asian games have had a mascot in each edition, this 30th SEA Games will not be complete without its mascot, ―Pami.‖ Pami was derived from the Tagalog word pamilya, which represents every nation, sport, and person, coming together3. SEA Games torch and medals patterned from Sampaguita From various metal alloys combined with wood, this year's 30th SEA Games torch is designed by renowned Filipino metal sculptor Daniel dela Cruz. The design of 2019 SEA Games torch is inspired by the Philippines' national flower, Sampaguita. The eight-ray Sun from the flag of the Philippines symbolizes unity sovereignty and independence. It also represents the eight provinces that fought against Spain during the colonial era. In the center is the SEA Games logo which depicts the shape of the Philippine archipelago. The Sampaguita, according to dela Cruz, is a representation of the simplicity, strength, and resilience of the Filipino people4. Sport and events to be contested So far the biggest yet in history in terms of having the number of sporting events, this year‘s 30th SEA Games will have a total of 56 sports and 530 events this year. The sports are also divided into three categories: Compulsory, Olympic and Asian Games sports, and Regional and New 3 Nakpil, D.
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