College of Law Newsletter Vol2.Pdf
Total Page:16
File Type:pdf, Size:1020Kb
Volume 2 2021 Issue 1 MU PURPLE HOOD LAW JOURNAL MISAMIS UNIVERSITY COLLEGE OF LAW Ozamiz City, Misamis Occidental 0 | MU Purple Hood Law Journal Volume 2 2021 Issue 1 FOREWORD The first part of this Law Journal covers topics related to the COVID-19 pandemic. These articles aim to point out the effects of the pandemic to the lives of individuals, to the community, and to the nation. It also elucidates how this global health crisis greatly affected the different sectors of our society, such as health, economy, and education, to name some. The pandemic has been unrelenting to us. In this time of crisis, access to information is crucial. Individuals need accurate information in order to apprise themselves of what is happening within and beyond the borders of the country. 0 | MU Purple Hood Law Journal Volume 2 2021 Issue 1 TABLE OF CONTENTS TITLE PAGE COVID-19 Mandatory Vaccination: Unconstitutional or Not? ………………………..…….. 1 Philippine Calamity Response in The Time of Pandemic: What Happens When Disaster of Other Kinds Hit During a Pandemic and How does our Government Respond to It? ………………………..…….. 14 Quarantine Status of LGUs and Its Impact to the Economy ………………………..…….. 24 Freedom of Information and Its Limitations: What Happens During a Pandemic ………………………..…….. 33 Impact of 2019 Corona Virus Pandemic towards “No Child must be Left Behind” Program of ………………………..…….. 39 Department of Education Economy Or Public Safety? Analyzing The Intention Of Domestic And International Flight Restrictions For The Sake Of Public Health Safety ………………………..…….. 51 Companion Animals: Control and Welfare during the Pandemic ………………………..…….. 71 Comity Among Nations In Times of Pandemic ………………………..…….. 84 Philippine Environmental Law in Relation to Climate Crisis ………………………..…….. 88 Silent Calls: Inaccessibility of Mental Health Services in the Philippines ………………………..…….. 108 The Anti-Terrorism Law: Viewpoints of those In Favor and those Against It ………………………..…….. 126 0 | MU Purple Hood Law Journal Volume 2 2021 Issue 1 The Mind and Ideology of a Terrorist: Modern Approach ………………………..…….. 135 The Complexity of Authoritarianism In Southeast Asia ………………………..…….. 139 The Importance Of A Law That Provides Special Medical Assistance To Public School Teachers And Non-Teaching Personnel ………………………..…….. 147 Teachers’ ATM Cards as Loan Collateral: An In-Depth Look into ATM “Sangla” Scheme ………………………..…….. 158 Volume 2 2021 Issue 1 EDITORIAL BOARD EDITOR-IN-CHIEF Jihan G. Banding Bachelor of Arts in Political Science (Misamis University) Juris Doctor - 3 ASSOCIATE EDITORS Angelic Tesio Neslie Marie M. Acain Bachelor of Arts in Accountancy Bachelor of Arts in Communications (Pilgrim Christian College) (La Salle University - Ozamiz) Juris Doctor - 4 Juris Doctor - 3 MANAGING EDITOR Marlyn F. Wee Bachelor of Science in Psychology (Silliman University) Juris Doctor - 4 EDITORIAL STAFF Frances Dave L. Paculanang Jann Peter Rocas Bachelor of Science in Bachelor of Science of in Business Administration Information Technology (Saint Michael’s College) (La Salle University - Ozamiz) Juris Doctor – 2 Juris Doctor - 3 Eza E. Paguya Genevieve Jore Bachelor of Science in Information Bachelor of Science in Technology (University of Science and Business Administration Technology of Southern Philippines) (Mindanao State University - Marawi) Juris Doctor – 2 Juris Doctor - 2 Beauty C. Serino Nehemiah Montecillo Bachelor of Arts in Political Science Bachelor of Science in Computer (MSU – Iligan Institute of Technology) Engineering (Misamis University) Juris Doctor – 3 Juris Doctor - 3 Mark R. Mira Michelle D. Llanera Bachelor of Secondary Education Bachelor of Elementary Education (Stella Maris College) (MSU – Iligan Institute of Technology) Juris Doctor – 2 Juris Doctor – 3 Lisette Noreen Antiola Victor Emmanuel Berroya Bachelor of Science in Financial Management Bachelor of Arts in Legal Management (La Salle University - Ozamiz) (Far Eastern University - Fern College) Juris Doctor – 3 Juris Doctor – 4 Led Caliao Farris Mae D. Jornales Bachelor of Science in Computer Engineering Bachelor of Science in (Misamis University) Information Technology Juris Doctor - 3 (MSU – Iligan Institute of Technology) Juris Doctor – 4 MU Purple Hood Law Journal | 2 Volume 2 2021 Issue 1 Nikka Doria Bachelor of Science in Business Administration (La Salle University - Ozamiz) Juris Doctor - 2 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 - 4 Juris Doctor - 4 CONTRIBUTORS Ma. Jessa D. Monteras Angelica D. Medina Bachelor in Elementary Education with Bachelor in Secondary Education Specialization in Special Education Major in T.L.E. (La Salle University - Ozamiz) (Medina College) Juris Doctor – 1 Juris Doctor – 1 Marvhel J. Marata Cherryl P. Fuentes BSBA Major in Financial Management Bachelor of Science in Computer Studies (La Salle University - Ozamiz) (Misamis University) Juris Doctor – 1 Juris Doctor – 1 EDITORIAL CONSULTANT Steffi Dawn C. Ilagan Bachelor of Arts in Political Science (MSU – Iligan Institute of Technology) Juris Doctor – 2 ADVISER Atty. Cleo Marjo C. Cabanilla Bachelor of Science in Food Technology (Xavier University) Juris Doctor (University of San Jose Recoletos) Master of Laws Candidate (San Beda University) MU COLLEGE OF LAW DEAN Rev. Fr. Atty. Lhem J. Naval Bachelor of Arts in Philosophy (Notre Dame of Marbel University) Juris Doctor (Misamis University) MA (St. John Vianney Theological Seminary Cagayan de Oro) Master of Laws (San Beda University) Doctor of Juridical Science Candidate (San Beda University) 0 | MU Purple Hood Law Journal Volume 2 2021 Issue 1 COVID-19 Mandatory Vaccination: Unconstitutional or Not? Neslie Marie M. Acain and Steffi Dawn C. Ilagan Who would have thought or predicted that a pandemic will eventually affect and change the way we live our daily lives? Almost all, if not all corners of the world have been hit with this Corona Virus Disease-19 (COVID -19). Whether we like it or not, we now live in the world of “new normal”. This COVID-19 changed all of our lives: from the way we think, communicate, work, move, and even plan out our various activities and travel goals. There seems to be these hidden barriers that separate us from one another and keep us contained in our respective homes, wherein touching others and even our own faces has a great potential of becoming a taboo. Restrictions we never imagined and lockdowns we never wished for, affected our day-to-day living. Wearing of face masks and face shields became part of everyone’s “outfit of the day” (OOTD) goals. And as we continue living our daily lives, we are preoccupied with the safety protocols that we ought to observe every now and then. COVID-19 has indeed reshaped us, our society, our world. While communities around the world respond to this pandemic and people are affected in different ways, the spread of COVID-19 has brought about social consequences and psychological sufferings to individuals. We are no longer shocked with daily news of COVID-19 cases spiking up not just in the Philippines but in the world tally as well. Numbers relating to COVID-19 cases play vigorously and they continue to scare every single one of us, with the fear that we might become the next victim of such virus. However, despite the bleak outlook the pandemic has blanketed the world in, with the new strains and ongoing developments of COVID-19, many organizations and scientists have nevertheless, been working tirelessly to find the vaccine and hopefully restore normalcy, or at least, a new version of normal, to the world where people can once again do the most mundane tasks like gathering in crowds and traveling safely without having the looming threat of contracting the virus. And 2020, with months to spare before it ended its dreadful run, gave the world a speck of hope that maybe this nightmare of a pandemic will be soon coming to an end as pharmaceutical company, Pfizer along with Moderna, announced the high efficacy rate of a vaccine they had been working on. Of course, normally, vaccines take almost a decade to really be fully developed - that is to say, all side effects are accounted for, countless of tests done to make it as reliable as can be -but because of the magnitude of the effect the pandemic has on the entire world, everyone has put a premium on expediting the process of developing vaccines. With the timeframe of development cut shorter than normal, also adding on the uniqueness of the virus and its contagiousness, the reception of this vaccine most definitely varies among everyone and has divided the world in terms of whether the aforementioned new COVID-19 vaccines are safe and effective and whether they should be vaccinated or not. 1 | MU Purple Hood Law Journal Volume 2 2021 Issue 1 COVID-19: The Four (4) Ws What is COVID-19? Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered virus. According to the World Health Organization (WHO), the COVID-19 virus spreads primarily through droplets of saliva or discharge from the nose when an infected person coughs or sneezes. Most people infected with COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness. COVID-19 is a disease caused by SARS-CoV-2 that can trigger what doctors call a respiratory tract infection which can affect either one’s upper respiratory tract (sinuses, nose, and throat) or lower respiratory tract (windpipe and lungs). It spreads the same way other coronaviruses do, mainly through person-to-person contact wherein infections can range from mild to deadly. When and Where were the first cases of COVID-19 reported? The first human cases of COVID-19 were first reported by officials in Wuhan City, China. In a report by the World Health Organization (WHO), retrospective investigations by Chinese authorities have identified human case with onset of symptoms in early December 2019.