PROPOSED THESIS PROBLEMS

PROBLEM SITUATION NO. 1

WHAT IS
Case congestion and delays
plaque most court in cities,
given the huge volume of
cases filed each year and the
slow adversarial system that
the judiciary has in place.
About 40% of criminal
cases are dismissed
annually owing to the fact
that complainants simply
give up coming to court
after repeated
postponements.

WHAT SHOULD BE
The Court applying the
Judicial Affidavit Rule can
Dispose Cases with
expediencies since
examinations of the
witnesses can be done
through affidavits.

GAP OR DISCREPANCY
Before and After the
Compulsory use of the
Judicial Affidavit Rule,
there are still courts which
has a backlog of docket
cases, resulting to
inefficiency in the
disposition of cases.

In Order to reduce the time

needed for Completing the
testimonies of witnesses in
cases under Litigation, on
February 21, 2012, the
supreme court approved the
compulsory use of Judicial
Affidavits.
However, in most rural
areas, Case Congestion and
huge volume of courts
docket are still an issue.
Proposed title:
Implications of Judicial Affidavit Rule on the Speedy Disposition of the Case.
Proposed General Objective:
1. To identify the significance of Judicial Affidavit Rule on the Speedy Disposition of the
Case.
2. To determine the Scope of the Judicial Affidavit Rule.

PROBLEM 2

WHAT IS
Marital Infidelity is a
violation or breach of good
faith and confidence by one
or both spouses to the
matrimonial vows. It is also
a major spousal pressure
that eventually causes the
breakdown of marriage as
foundation of the family.

WHAT SHOULD BE
Sec. 12 of Ra 9710 or
Magna Carta for Women
provides for amendment or
repeal of laws that are
discriminatory to women
which, among others,
includes article 333 and 334
of the RPC on adultery and
concubinage.

Our present law on adultery

and concubinage under the
RPC both constitute marital
infidelity, but these are
deemed as discriminatory
and nebulous. While both
aim to punish marital
infidelity of the spouses,
there is a higher burden put
on wives than on husbands.

Under the 1987 constitution

article II section 14, the
state recognizes the role of
women in nation building
and shall ensure the
fundamental equality before
the law of women and men.

GAP OR DISCREPANCY
The Penalty for women
who commit adultery ranges
form 2 year, 4 months and 1
days to a maximum of 6
years.
While the penalty for
men who commit
concubinage ranges from 6
months and 1 days to a
maximum of 4 years and 2
months.

The state should ensure

equality before the law
between women and men.

Proposed Title:
Addressing the inequality in our penal law on adultery and concubinage
Proposed General Objectives:
1. Provides rationale for amending revised penal code provisions on adultery and
concubinage
2. Recommendations on how to address the inequalities in the law while still protecting
the institution of marriage.

PROBLEM NO. 3
WHAT IS
The number of marriage
annulment cases in the
Philippines has risen by 40
percent in the last decade
with at least 22 cases filed
every day, according to a
report by the Catholic
bishops' news agency.
Citing data from the Office
of the Solicitor General
(OSG), CBCP News said
the number of annulment
cases had risen from 4,520
in 2001 to 8,282 in 2010.
The data from the OSG
showed that 82 percent of
those who filed these cases
had children and out of that
number, 59 percent had at
least one or two children, 22
percent had three to four
children and one percent
had five to six children, the
report said.

WHAT SHOULD BE
The state provides under
Article II sec. 12 of the
Philippines constitution
that;
the state shall recognize
the sanctity of family life.
Provided further under
Article XV sec. Sec. 1 and
2,

GAP OR DISCREPANCY
Despite of the provisions in
our Constitution for the
protection and recognition
of marriage as the
foundation of family life
and society. Tremendous
increase of annulment cases
filed each day in the
Philippines is increasing
year by year.

Sec. 1. The state recognizes

the Filipino Family life as
the foundation of the nation.
Accordingly, it shall
strengthen its solidarity and
actively promote its total
development.
Sec. 2. Marriage, as an
inviolable social institution,
is foundation of the family
and shall be protected by
the state.
With the protection
provided by the state, rates
of marriage cases should
have been decreased.
With the laws provided by
the state to safeguard the
welfare and sanctity of
marriage, it should have
dwindled.

Proposed Title:
Analysis of Supreme court decisions on the common causes of Annulment Cases.
Proposed General Objectives.
What are the common causes of Annulment Cases on the Philippines from 2004 to
2014?