Mga Abstract

INTERNET THESIS

TITLE: LIFE, DEATH, AND DATA: EXAMINING THE HUMAN RIGHTS IMPLICATIONS OF INTRODUCING DATA EXCLUSIVITY TO INDIA'S PHARMACEUTICAL SYSTEM, IN LIGHT OF THE GLOBAL SITUATION OF DISEASES SUCH AS HIV/AIDS IN THE PHILIPPINES AND OTHER DEVELOPING COUNTRIES 

AUTHOR: PATRICIA ANNE D. STA. MARIA DATE: (2015)

ABSTRACT:

     The interactions between Human Rights and Intellectual Property laws are complicated ones. There is at any one time, a flurry of competing interests which aim to take precedence over each other. Caught in the crossfire are the people who depend on the benefits of both areas of law for the improvement of their lives. There is no more evident illustration of this than the ongoing debate on access to medicines. Human Rights insist on respect, protection, and, fulfillment of the rights to health and life, which is argued to include access to medicine, while Intellectual Property law claims to be protecting the interests of the owners of the information and formulation necessary for producing medicine from exploitation, and from the unjustness of not being able to benefit fully from their creative and commercial endeavors.

 Neither is this debate purely academic. It took on a life of its own during the advent of the TRIPS agreement and the subsequent DOHA declaration. One of the more important arguments in relation to access to medicine that was raised and settled during this time was that the TRIPS agreement obligated States to implement data protection, and not data exclusivity.

 Data exclusivity is a practice whereby generics companies are prohibited from availing of bioequivalency tests for a certain period. This means that government regulatory boards cannot rely on data submitted in relation to an already approved drug in order to make conclusions about a new drug's efficacy, safety, and quality. This results in a stalling of new entrants, the more affordable generics, into the market.

 Because the TRIPS agreement does not espouse data exclusivity, States have been resorting to the negotiation of Free Trade Agreements in order to ensure that other States introduce these measures in their respective legal systems. Currently the European Union is negotiating such an agreement with India, and a concern is that the former is insisting on data exclusivity periods, something it has included in past agreements with States such as Korea and the Andean States.

 The agreement between the EU and India is of special concern because India is known to be a large source of generic medicine, not only for its own population but for other developing nations as well. Furthermore, affordable medicine produced in India includes antiretroviral medicine designed to treat HIV/AIDS. Those who depend on these medicines include both AIDS stricken areas such as Africa, as well as international organizations which aim to address the situation such as Medecins Sans Frontieres (Doctors Without Borders).

On the home front, the Free Trade Agreement currently being negotiated between the EU and India is also a concern. The Philippines does not have the capacity to produce all the medicines needed by its citizens, and is therefore highly dependent on imports. Furthermore, prices of drugs in the Philippines are among the highest in Asia, and among developing countries. This makes the availability of affordable generics imported .from abroad very important to the Philippines. In fact, imported generics from India and Pakistan have proved to be highly significant in government projects which make affordable generic medicine more available to the population. Adding to the Philippines' dilemma are the facts that, one, its number of HI V/AIDS infected persons is rising, and two, resources for addressing the disease are very limited.

The trade agreement between the EU and India in particular and the impact of data exclusivity on access to medicine in general, renew the debate between Intellectual Property and Human Rights. This study examines the various components of each area of law, and ultimately comes to a conclusion as to how the competing interests that are once again clashing with each other may be reconciled, given the rights, liberties, and even lives, that are at stake.

TITLE: DEMYSTIFYING DOMINANCE: ESTABLISHING LEGAL PARAMETERS FOR ABUSE OF DOMINANCE 

 AUTHOR: CLAUDIA GABRIELLA SQUILLANTINI DATE: (2015) 

ABSTRACT:

It is only natural to strive to be the biggest, the best and the brightest. Instinct drives man to do anything and everything in his power to achieve these goals, including eliminating rivals who stand in his way. The law, however, must step in to regulate human nature. No less than the highest law of the land proscribes anti-competitive behavior.

 The Revised Penal Code, the Civil Code and various other sectorial regulations seek the same end. Unfortunately, these provisions have failed to effectively deter anti-competitive behavior. The wealth of the country remains concentrated in the hands of a very select few. Moreover, Philippine markets remain extremely saturated. In fact the Philippines, has the least competitive market in ASEAN (second only to Myanmar), since it continues to be dominated by corporate giants. Given this bleak situation, there is a necessity to create a comprehensive competition law to foster competition on the market. 

 There is not only a practical necessity for enacting a comprehensive competition law, but a legal one as well. The Philippines may be subjected to paying compensation, or worse, to a suspension of trade concessions if it is found that the Philippines has an obligation under international law to develop a competition law by 2015. To obviate the risk at the outset, it is advisable to enact a competition law. 

If there is indeed a duty to enact a competition law by 2015, there is a particular necessity to establish a proper framework for punishing abuse of dominance, one of the main kinds of anticompetitive behavior. As mentioned, the Philippine market is dominated by a few big players. Not all of their behavior, however, can be classified as abusive. Rather, certain acts that appear abusive of dominance may serve to promote competition, rather than inhibit it. Thus, in order to avoid producing a "chilling effect" on the very behavior competition law is intended to encourage, it is necessary to clearly and carefully define dominance and the acts constituting abuse thereof. Due to the prevalence of dominant firms in the Philippine market, and the importance of carefully regulating their conduct, this paper is concerned only with abuse of dominance. 

 Currently, the Philippines has an existing legal framework and sector-specific regulations to punish anti-competitive behavior. Congress has proposed several House Bills and Senate Bills on competition law that are still pending. Still, the Philippine market continues to be ruled by large corporations. Existing laws have proven ineffectual at curbing anti-competitive practices, and the Bills have failed to materialize into an actual law. What is needed is a comprehensive competition law that will clearly and definitively demystify dominance.

TITLE: UNSOLICITED NOTORIETY: ESTABLISHING A FRAMEWORK IN THE APPLICATION OF THE PUBLIC FIGURE DOCTRINE TO PRIVATE INDIVIDUALS WHOSE LIVES INTERSECT WITH PUBLIC INTEREST 

AUTHOR: ANNE KATHERINE NAVARRETE DATE: (2015) 

ABSTRACT: 

In a modern era of mass society, the right to privacy continues to be one of the most controversial and threatened human rights. Intimately associated with this right is man's right to a good name and reputation as constitutive of a person's dignity. However, as conflict arises from an ever - expanding right to freedom of expression, libel laws were established to address the need to strike a balance between the right to privacy on one hand, and the right to freedom of expression on the other. With the Philippine's adoption of the public figure doctrine from U.S. jurisprudence, public figures suing for libel are now subject to a more stringent rule of showing proof of actual malice. The public figure doctrine in the Philippines is arguably broader than its American counterpart. For while the U S. Supreme Court follows the status-based approach in Gertz, our Supreme Court generally follows the content-based approach or the public interest test in Rosenbloom. As such, unlike in American jurisprudence, the public figure doctrine in the Philippines applies the actual malice standard to private individuals involved in an issue imbued with public interest. However, with the broad concept of "public interest" and the absence of an established definition therefore, any issue that may pique the curiosity of an ordinary citizen may come within the purview of "public interest".

 The problem becomes more complex in the case of public figures ex-post who become instant celebrities primarily because of the defamatory imputations that propel them to fame or notoriety. These considerations, together with the lack of standards in the application of the doctrine to private individuals involved in an issue imbued with public interest, essentially gives the Supreme Court unbridled discretion to determine whether or not an issue is infused with public interest, and consequently, whether or not the plaintiff involved is a public figure who has the burden of proving actual malice for the libel suit to prosper. 

An examination of pertinent jurisprudence demonstrates that the Philippines generally follows Rosenbloom 's public interest test. However, our Supreme Court has on more than one occasion deviated from Rosenbloom and applied the status-based approach in Gertz_ Oscillating between Rosenbloom and Gertz inevitably spawned inconsistent decisions, the unfortunate result being an unlawful intrusion upon a private individual's right to privacy or an unlawful restraint upon an individual's freedom of expression. Without a clear set of guidelines, the Supreme. 

Court will be given much latitude in the doctrine's application to private individuals whose lives intersect with public interest. And considering the general trend of the Supreme Court, there is a higher probability to allow the public controversy to take precedence in the characterization and thereby transform any individual in its path into a public figure.

 This study proposes that to strike a balance between the right to privacy and freedom of expression in light of the public figure doctrine, a legal framework must be adopted where considerations of public interest are tempered by the plaintiff's role in the public controversy. In providing working parameters in the doctrine's application to private individuals involved in an issue imbued with public interest, an examination of when a private individual may be deemed to have waived his or her right to privacy must be undertaken. After all, while public discussion on matters of public concern is without a doubt a societal interest that must be protected, equally deserving of consideration is the right to privacy of private individuals in which the state has a legitimate interest to protect. Otherwise, anyone whose life inadvertently intersects with public interest will automatically be deemed to have assumed the status of a public figure who is burdened with a limited right to privacy.

 TITLE: COMBATING BIOPIRACY: HARMONIZING THE CONVENTION ON BIODIVERSITY (CBD) AND THE WTO TREATY ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) IN RELATION TO THE PROTECTION OF INDIGENOUS TRADITIONAL KNOWLEDGE AND GENETIC RESOURCES 

AUTHOR: MARIE YASMIN M. SANCHEZ DATE: (2012) 

ABSTRACT:

 Biopiracy or the theft of traditional knowledge and genetic resources without just compensation is a global environmental issue related to two international agreements — the Convention on Biological Diversity (CBD) and the World Trade Organization (WTO) Treaty on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The CBD establishes sovereign national rights over biological resources and commits member countries to conserve them, develop them for sustainability, and share the benefits resulting from their use. The TRIPS, on the other hand, aims to promote adequate and effective protection of intellectual property rights (IPRs) to reduce impediments to international trade.

 However, there are perceived inconsistencies between the two laws, which have been the subject of international debate. While the CBD promotes the right of indigenous or local communities to prohibit IPRs on genetic resources, TRIPS requires the provision of IPRs on these resources. Moreover, the CBD provides that access to genetic resources shall be subject to prior informed consent from these communities, just compensation and equitable benefit sharing. In TRIPS, there are no such provisions, leading some developing countries, communities and authors to believe that TRIPS facilitates biopiracy. Despite this, many countries, including the Philippines, are signatories to both treaties. 

Generally, when a conflict exists between two treaties dealing with the same subject matter, the applicable rule, as provided for by Article 30 of the Vienna Convention on the Law of Treaties, is that the latter law prevails over the first. Applying this, TRIPS will prevail since it came into force after the CBD. The problem, however, is that the subject matter of the CBD and TRIPS basically differ. CBD deals with the protection of biodiversity, while TRIPS deals with the protection of IPRs. States should thus endeavor to simultaneously implement and harmonize both treaties to fully ratify them and provide greater protection against biopiracy. 

One way to do this is to allow communities the right to patent their traditional knowledge and genetic resources, in line with the current IPR system. However, a deeper analysis of the CBD, TRIPS and other related laws will show that traditional knowledge and genetic resources do not fit into the current IPR system. For instance, inventions protected by patent law must be new, non-obvious and useful. Indigenous knowledge may be •an invention, but because it is passed down from one generation to another, it may not meet the level of novelty needed for patent protection Moreover, patents are limited in duration and are vested on "inventors." On the other hand, traditional knowledge is normally not attributed to a single "inventor" but is communally held. Finally, maintaining and enforcing a patent can be quite expensive and burdensome for indigenous communities.

 Thus, the better solution would be to identify a sui generis system of IPRs that will specifically cater to the subject matter. This can be done on the international level through an amendment of the TRIPS, and on the national level, through sui generis laws. This way, the TRIPS and CBD can be harmonized and consequently, greater protection can be afforded to traditional knowledge and genetic resources in order to prevent biopiracy.

TITLE: LIVE AND LET DIE: ESTABLISHING THE LEGAL STATUS OF ADVANCE DIRECTIVES FOR REFUSAL OF LIFE-SUSTAINING MEDICAL TREATMENT, THEIR ENFORCEABILITY AND LIMITATIONS 

AUTHOR: JUAN PAOLO MIGUEL B. LEIDO DATE: (2012) 

ABSTRACT: 

Death is a fate that awaits everyone—there is no surer event in life than its end. Yet despite its certainty, there is a deep-rooted cultural aversion to the idea of death: we knock on wood when we speak of it, we grow superstitious when we are bereaved by the death of a loved one, we euphemise the very word. At most, we have a secret morbid fascination for it; sensationalist media reminds us of its actuality, and yet we engage it at arms length, and only through the framed reality of the TV screen, the computer monitor, or the printed word. Such regard for death is reflected in our laws, or rather, for purposes of this thesis, the lack of such laws, for the Philippine legal setting has not explicated any true recognition of our control over the circumstances that surround our death. Several jurisdictions outside of the Philippines have already recognized such ability to control, limited in the medical field, by capacitating a patient to determine the extent of his treatment at the end of his life through mechanisms called advance directives.

Though recognized by practice in the Philippine medical setting, the lack of an explicit legal framework for advance directives in end-of-life care raises problems in the enforceability of such directives and muddles the scope of patients' rights. Read however in conjunction with the constitutionally granted rights of liberty and privacy, and the state policy of protecting and promoting the health of the citizenry, a patient nearing death may—subject to certain conditions—assert a right of self-determination in choosing his or her end-of-life care, including a right to refuse treatment ranging from the refusal of resuscitative efforts to the withdrawal of life-sustaining treatment.

This thesis is about death, and the choices that people may make in their dying—the very right to die. It focuses on those circumstances—those very real and cruel situations—wherein people's lives are so deprived of the inherent and essential qualities of living, by reason of grave illness or physical incapacity, that they would rather choose to end their lives than suffer the burdens such a debilitated manner of living leaves them. In recognizing the right to die, this study aims to further expand what it means to enjoy the right to life and liberty—for one cannot be said to possess such rights if one is deprived of the control of the conditions, within the bounds of the law and under particular circumstances, on which it will end.

UNDERGRADUATE THESIS

  A survey Of College Students Perceptions Towards Are Common Causes Of Traffic Accidents In Iligan City 

By:  Marvin L. Velasqu
JC Charles L. Barilla 
Dazel Nicka E. Hayag

Mabelle C. Hubilla 

 Christer James D. Ogabayon
Cindy Lou A. Puerto

    March 2009

  

                        His research aims to know the perception of college students towards the common causes of traffic accidents in Iligan City. The respondents of this study are college students from two(2) private school: St. Micheal's College(SMC) and Iligan Medical Center College (IMCC). The variable considered in this study were the personal profile of the respondents in terms of their age, sex and school. Other variables considered were the perception of the college students in St. Micheal's College (SMC) and Iligan Medical center College (IMCC) towards the common causes of traffic accidents in iligan city such as drowsiness, drunk driving, rod rage, presence of other drivers and experience and training in driving.

                       The researchers used the descriptive method of research and a check list type of questionnaire was used as a tool in gathering data. After the said procedure, the researcher sallied, analyze, presented and interpreted the results. It was found out that most of the respondents are form 16-20 years of age, with a gender profile of 88 male respondents and 12 female respondents.
Based on the results of the study, most of the respondents strongly agreed on drunk driving as a factor causing traffic accidents in Iligan City. Once under its influence,they go beyond their sanity; thus leading to seriously accidents.

likewise, respondents strongly  agreed that over speeding and reckless driving behavior which causes road rage are the factors that impel  traffic accidents.

                         This is evident enough to consider that the study is very relevant to this time. The data that validates the common causes of traffic accidents are indeed the ideas from the students-driver.

                        

                          Based on the result of this study, the researchers which to propose the following recommendations:

1. Strict implementation of non-selling of liquors and hard drinks.                                                          2. Speed test equipment must be installed in strategic post inside and outside the city limits to monitor road driving speed of drinks.                                                                                                     3. Properly scrutinize documents/papers submitted for issuance of licenses and strict compliance must be observed in all times. 

4. Police visibility at strategic areas in the city must be done to avoid road rage and any untoward accidents.                                                                                                                                                   5. Promote an advocacy program.

6. The v-rocle program spearheaded by the college of criminology will provide the students a thorough, comprehensive information of traffic rules and regulations.                                        

7. Good communications between all members of the family is essentials, especially during periods of stress and angers.

Causes Of Crimes Committed By Children In Conflict With the Law In Bureau Of Jail Management And Penology And Dangparan Sa Kabataan Center In Iligan City; Basis For Crime Prevention Program

By; Andrelyn S. Cuyor

Zeery Vette gGlenn F. Namatay

Jamaica Natasha T. Vergeine 

March  2013

                           The study aimed to describe the cause of crimes committed by children in conflict with the law. the study focused in Iligan City jail under the Bureau of jail management and penology (BJMP) and the Dangpanan sa kabataan center under the department of social welfare and development  (DSWD).

                           This study rests an quantitative and qualitative design as it attempts to describe in depth the characteristic of children with the law. Data were gathered from 25 children in conflict with the can on detention BJMP and 40 at dangpanan sa kabataan center both in Iligan City. Data were gathered through personal interview using guide questions. Frequencies and percentages were the statistical tool used and data were displayed in tables and graph.

                            The findings show that theorized causes of the commission of crimes such asa influences of barkada, poverty, under the influence of drugs,being accused of committing such crimes, under the influence of alcohol/drunk, vices and for the defense of relatives were found to be the cuases of commission of crimes done by the children in conflict with the last, finally, the overall findings revealed the influenced of barkada is the primary cause why children in conflict with the law committed crimes.

                            Therefore, it show that common crimes committed were against property and the causes were related with bond influence with peers, proverty, and accidental accusation. Respondents profile was found to be associated to save degree with causes of crimes committed by children in conflict with the laws.

The Quality Service Rendered On Selected Resto. Bars In Iligan City; Basis For Better Management

Earl Patrick A. Catmon

Francis Christian P. Honejas 

October 2012

                              Found quality is more that just taste. If includes attributes such as texture, consistency, hold times, shelf life, and visual appeal. This study sought to find out the quality service rendered in selected resto bars Iligan City.

                               This descriptive research was employed utilizing a self formulated questionnaire distributed to randomly selected customers of the identified resto bars.

In terms of profile majority of the respondents were aged 17-22 years old. Majority were females at 69% and single at 82% most were also unemployed at 48%. for the perceptions of the respondents on the service quality, all aspects drunk; environment; food and entertainment, were all related as good.

                               It was also found out that environment wer significant in terms of age, gender, civil status, and employment status. also only drinks were significance in terms of monthly income. thus, considering the customers perceived assessment in the service quality of the selected resto bars, the good rating reveals the need, to achieve quality services in terms of all the services offered such as the environment and drinks which found to be significant to come up with a very good out to attract customers in coming to their resto bars.

                                It is then recommended that the resto bars owners should always monitor should take immediate action on it.

Equal Gender Role Among Criminology Students Of St. Michael College, Iigan City

By; Mateo L. Benifez

Glenn Mark D. Laure

Daryl D. Degado

March 2012

                                The problem of gender issues do not only recognized gender roles which are usually out over simplified belief that male and female possessed district physical and psychological characteristic however. If also deals with gender equality and equity espicially in labors.

                              Thus, the researchers were motivated to discover the existences and observance of the issues  as to the gender equality role among criminology students of saint Michael college in terms of physical excercies, regular college formation, college commissionary of officers, clean drive, and security during school activities.

In this study the researcher used the descriptive study using survey method in determining curricular activities of saint Michaels college that requires equal gender role among criminology students. the questionnaire was distributed to the respondents and given enough time to answer the question indicated in the questionnaire.

                                The data showed that majority of the respondents are 19 years old, roman catholics and Iliganons. Respondents are equality distributed to both genders, male and female.

                                In the curricular activities of the college that require equal gender role among criminology students data has shown that physical exercises, college regular formation and college missionary of officers clean up drive and security during school activities are all favorable to both male and female criminology students.

                                Lastly, in there is no significant difference between the role of male and female criminology students in performing the extra grouped according to their profile. Whereas, In Regular College formation and college commissioning of officers. There is a significant difference when the data were set according to cultural group.

GRADUATE THESIS

   

      Personal Factors Affecting Organizational Climate: A Proposed Goal- Setting Strategy

                                                             By: Marionto L. Hinacay

                                                                        March 2005 

                   The primary purpose of this study was to desrcribe the profile of the faculty members of the college of arts and sciences of Liceo de Cagayan University, their organizational climate, and relationships of these variables with the end view of coming out a proposal paper on the review of the organization's goal-setting strategy.

                    Descriptive-correlational method was utilized and instruments used to gather data were the organizational climate description questionnaire (OCDQ), Emotional intelligence self-evaluation, Interpersonal Behavioral analysis (IBA), and political orientation questionnaires to analyze the data, frequency counts, percentages, mean values, and person product moment-correlation  were employed. statistical treatment was aided by the use of microstat system with statistical test set at .05 level of significance.

                   

                    Findings revealed that the respondents needed some development in their emotional intelligence  and that majority were not politically inclined although they have good  interpersonal skills. They described their organizational climate as pleasant. In terms of correlation, no significant relationship exist  between the respondents emotional intelligence and that of their organizational climate as well as the latter and their political behavior. but their interpersonal skills are significantly related with the organizational climate specifically in management team evaluation and organizational change.

Problems encountered By Grade Five Mathematics teachers In Accomplishing The MLC And Pupils Mastering The Budgeted Skills 

By: Evelyn R. Padayhag

March 2000

                       The main purpose of the study was to investigate the problems encountered by grade five mathematics teachers in accomplishing the MLC and grade five pupils in mastering the budgeted skills in the division of Iligan City for the school year 1998-1999.

specifically, this study attempted to answer the following problems:

1. Which of the following; (a) Teachers preparation, (b) teaching techniques/methods, (c) class management

2. What is the profile of grade five pupils in the division considering the following; |(a) mathematics performance (b) study habits, (c) attitudes towards mathematics?

3.Which of the following topics are mastered by the grades five mathematics pupils; (a) whole numbers (b) rational numbers (c) graphs, maps and scales (d) measurements (e) geometry

                          For purposes of the study, grade five mathematics teachers and 342 grades five pupils in the division of Iligan City a total of 403 respondents were utilized in gathering the pertinent data.

                           It was concluded, that grade five mathematics teachers in the division of Iligan City encountered problems related to pupils performance management, environment- related problems curricular content, teacher preparation, and teaching techniques in that order.

Readiness of Science Teachers In The Use Of Interactive Teaching Methods; Basis For A Training Program

By; Marites G. Cano-os

March 2005

                            This study aimed to determine the readiness of science teachers in the use of interactive teaching methods in south 1-A district, Iligan City Division school year 2004-2005.

                             Further, it sought to describe the profile of science teachers in terms of age, gender, educational qualification, teaching experience and number of seminars attended. It identified the level of readiness of elementary science teachers in the use of interactive teaching methods as to their knowledge about the subject, the skills used in teaching science and health.

                             It sought to find out if there is a significant relationship in the level of readiness of the respondents to use interactive teaching and formulate implications from the findings as basis for designing a training program. The respondents of this study were the 46 science teachers of south 1-A district, division of Iligan City.

                             To attain the research objective, the researcher employed the descriptive correlational method. The data gathered were summarized, translated and analyzed using frequency counts percentages, mean, standard deviation, person product moment of correlation and t-test. The test of hypothesis was set at 0.05 level of significance.

                              From the data gathered, it was found out that most of the respondents were 36-50 years old, mostly female, more than one half of the respondents were based graduates with masteral units, years in the teaching profession, and almost one half were attending only one seminar in science.

                              With regards to teacher knowledge in the use of interactive teaching methods if was discovered that teachers were in the level of being more ready in utilize the inquiry- discovery approach, cooperative learning,  small group discussion and discussion method. On the other hand respondents were ready in the use f concept mapping, problem solving, brainstorming, demonstration experimental and lecture method. the teachers need to enhance move in their teaching capabilities. As to Attitudes, if should that science teachers show positive attitudes toward teaching science.