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Copy of Copy of Midterm Case Analysis

The document presents a midterm case analysis discussing three articles: the Philippines-China maritime dispute, extrajudicial killings during Duterte's administration, and the budget allocation for the Office of the Vice President (OVP). It emphasizes the need for diplomatic engagement and regional cooperation to address maritime rights, critiques the human rights violations linked to Duterte's drug war, and advocates for transparency and accountability in budget management. Overall, it highlights the importance of upholding human rights, effective governance, and sustainable development in the Philippines.

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0% found this document useful (0 votes)
2 views2 pages

Copy of Copy of Midterm Case Analysis

The document presents a midterm case analysis discussing three articles: the Philippines-China maritime dispute, extrajudicial killings during Duterte's administration, and the budget allocation for the Office of the Vice President (OVP). It emphasizes the need for diplomatic engagement and regional cooperation to address maritime rights, critiques the human rights violations linked to Duterte's drug war, and advocates for transparency and accountability in budget management. Overall, it highlights the importance of upholding human rights, effective governance, and sustainable development in the Philippines.

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Saint Louis College

City of San Fernando, La Union

Name: Norma Izabelle M. Manalastas


Course & Year : BAPOS 1A

MIDTERM CASE ANALYSIS

Article 1: "Explainer: The Philippines-China Maritime


Dispute and International Law" (JURISTnews)

China's assertiveness, growing military and economic power poses a significant challenge to the Philippines'
efforts to assert its maritime rights. The Philippines has been actively seeking diplomatic solutions and
international support to address these challenges. However, the imbalance of power between the two nations
makes it difficult for the Philippines to enforce its maritime rights independently. As a high-ranking government
official responsible for maritime affairs, I would first propose and ensure diplomatic engagements that we should
maintain open channels of communication with China, seeking dialogue and peaceful resolution of disputes. If so,
China engages with other harmful engagements towards the West Philippine Sea that could also harm our
Philippine coast guard. I would promote that our country should strengthen alliances with like-minded countries to
garner support for the Philippines' position and pressure China to comply with international law.

I would also recommend multilateral cooperation engaging with ASEAN and the East Asia Summit, to promote
regional cooperation and address maritime security concerns. Of course these strategies still need support from
our maritime forces. I would also focus on strengthening maritime capabilities and invest in the Philippine Coast
Guard and Navy to enhance maritime law enforcement and protect national interests. With legal advocacy that
would continue to advocate for the Philippines' rights through legal channels, both domestically and
internationally. Furthermore, I would advocate for the Code of Conduct (COC) to back the negotiation of a lawful
and effective resolution in the South China Sea, ensuring disputes are managed peacefully. Sustainable
development should also be encouraged in our country as well. A resolution to the maritime conflict should
foremost emphasize sustainable development and the preservation of the environment. The Philippines can
effectively manage the complexities of its maritime dispute with China and safeguard its national interests by
adopting a comprehensive strategy that integrates diplomacy, international law, domestic capacity enhancement,
and regional collaboration.

Article 2: Philippines: Hearings Expose Duterte-Era Killings (Human Rights Watch)

Duterte's “Shoot to Kill” order or “License to Kill” Filipino citizens who use illegal drugs, police officers ended a lot
of innocent lives. Duterte was seen as sanctioning the extrajudicial killings and promising to pardon police officers
convicted for "drug war" killings. The Filipino citizens that may commit those crimes and use illegal drugs still do
not deserve to be killed by some individual with just pure accusations and without proper due process of law.
Deprivation of life and liberty has a due process that the government should follow. As far as I can see, those
government officials during Duterte's administration didn't think clearly. They just wanted to put the law into their
own hands. They didn't even fight for the lives of the Filipino citizens who were innocent and killed. Just by
speculation that they were addicted and using drugs. Despite using drugs people deserve second chances.
During Duterte's administration those drug users and pushers were sentenced and killed on the spot they were
caught by the police officers, sadly our leaders thought that would protect our lives and right let that happen and
were also the ones who did that. I also learned that they are also implanting drugs to the innocent individuals they
killed. Police officers abuse their rights. A lot of extra judicial killings happened during Duterte's administration. In
the Case of 17-year-old Kian Delos Santos in 2017, he was found dead in an alley. He was accused by police of
being a drug runner - though the family dispute this. Police said they had killed him in self-defense, who they later
learned was innocent of using drugs yet it is too late because he was already killed by the police officers. Another
example is the one that happened with the son and mother that was killed and shot by a police officer, who is
"Jonel Nuezca". Good thing, what happened during the exact crime and event that was convicted was recorded
and the authorities didn't have the chance to cover things up for this police officer. The authorities used the power
Duterte gave them as an excuse for killing and sentencing the life of the Filipino people.
I believe with what Judge Roldolfo Azucena said that “Never has homicide or murder been a function of law
enforcement. Public peace is never predicated on the cost of human life," and as a government official, I have a
crucial responsibility to uphold the Bill of Rights, especially in safeguarding the rights of the accused. Whereas I
must act and uphold effective due process of law to the Filipino citizens. Through protection from unreasonable
searches and seizures that would also respect the privacy of individuals and ensure that law enforcement
agencies adhere to legal procedures when conducting searches and seizures. With effective operation of fair trials
that would ensure all accused persons receive fair and impartial trials, with the right to legal representation, the
presumption of innocence, and the opportunity to confront their accusers. In addition, ensuring those accused to
have speedy trials work to expedite legal proceedings to prevent undue delays that could infringe on the rights of
the accused. At last, the government can show its dedication to protecting human rights, providing victims with
justice, and stopping further violations of human rights by implementing these measures. The underlying causes
of extrajudicial killings must be addressed in order to establish a society where human life is respected and the
rule of law is upheld.

Article 3: Ending debates, House grants OVP P733-million budget amid Sara's absences (Philippine Star)
The legislative department ensured the proper and effective way of governance despite the absences of the Vice
President during the debates for the OVP’s budget to the Department of Health and the Department of Social
Welfare and Development, this is benefit of properly conducting checks and balances in our country despite of the
Vice President incompetence and unprofessionalism that it still allows us to continue operating in a productive
manner. House lawmakers concluded the budget proceedings, submitting the proposed budget of P733 million for
the OVP. This amount reflects a 63.8% cut from the OVP's original request of P2.026 billion. The legislators
should have clear legislative intent. They should provide clear and detailed allocations for specific programs and
projects, avoiding vague or overly broad language. It should have a flexible funding mechanism that in some
cases, providing flexible funding mechanisms, such as block grants, can empower the executive branch to
respond to changing circumstances. That also establishes clear performance metrics and accountability measures
can help ensure funds are used effectively and efficiently.

Legislators should conduct regular oversight hearings to monitor how funds are being used and to identify any
potential issues or inefficiencies. Encouraging transparency in the budgeting process, including public access to
spending data, can help increase public trust and accountability. Additionally, collaboration between legislative
and executive branches can improve communication and understanding, leading to more effective policy
implementation. The need to support executive functions and the power to allocate funds must be carefully
balanced by lawmakers. Legislators can employ these several mechanisms to ensure that budget allocations
effectively address national priorities and the needs of the populace starts with robust budget hearings and
scrutiny with proper and effective detailed examination of the budgetary actions, questioning of officials,
strengthened oversight and increased transparency and accountability. By implementing these mechanisms,
legislators can play a crucial role in ensuring that public funds are used wisely and effectively to address the
pressing needs of the nation.

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