The Jurisprudence

  Cracking the Planted Evidence: A Legal Approach By Jomz Planting or tampering with Evidence is condemnable yet is committed by many public officers with evil motives. Many have become a victim and suffered injustice because of these fabricated lies that rip the confidence reposed by the people to the government. Legal history and court cases have been infected and this has caused a legal challenge to many lawyers and law experts. However, the recent Supreme Court Decision in the case Miranda Clemente y Diaz vs. People of the Philippines, G.R. No. 243159, dated February 13, 2023, has shed light of hope in order to prevent injustice that may fall upon an innocent person. In this case, the accused was arrested on the grounds of violating section 844 of the Revised Ordinance of the City of Manila, which punishes the breach of peace. Incidental to that arrest, a body search was carried out and arresting officers discovered a transparent plastic sachet containing a white crystalline ...

Fair Use: Application of Parody Doctrine in Philippines The US Supreme Court in its decision in the case of Campbell vs. Acuff-Rose Music Inc. (1994), pronounced that a work of parody is not a violation of any copyright. Applying the four tests for copyright infringement, such as the purpose and character of the use, the nature of the copyrighted work, the amount and the substantiality of the portion used, and the effect of the use upon the potential market, the High Court ruled that the parody song “Pretty Woman” composed by 2 Live Crew did not violate the copyright granted to Acuff-Rose Music Inc. This new ruling significantly affected the application of the concept of “fair use” with regards to the utilization or copying of the copyrighted materials. It expounded further the principle laid down in the sec. 8 Art. 1 of the US constitution, which provides for the regulation by the State of the rights granted to authors and inventors, to promote transformative works for the furth...