Michael Pio V.

Cua
3-D
Fundamentals of Thesis 2

Critique on: Big Brother On The Streets: A Probe on the Absence of Laws Governing the
Usage of CCTV by Rina Fajardo

The papers main argument is that lack of laws on CCTV cameras installed in public
places poses a threat on individuals right to privacy or to state it differently, the right to privacy
exist even in public places. If you look at the provisions in the Bill of Rights dealing with the
right to privacy, one can say that all Constitutional guarantees take effect only when there is a
reasonable expectation of privacy. I am not saying that the right to privacy is totally existent in
public places such as when in public toilets or dressing rooms because there is still a reasonable
expectation of privacy but as a general rule, being in a public place diminishes such right
because one cannot expect for obvious reasons privacy when you know for a fact that people will
see you. Having a cctv does not change that situation because no privacy can be expected to
begin with.
The paper also deals more with policy rather than a legal issue. The right to privacy is a
right recognized by law and there are several statutes addressing it such as the Anti War Tapping
Law and The Bank Secrecy Act. This paper aims more on how to implement the right to privacy
in relation to cctv.

Michael Pio V. Cua

3-D
Fundamentals of Thesis 2

Critique on: Violations of the Fair and Equitable Standard as Indirect Expropriation of
Philippine Foreign Investments by Krisha Fabia

This thesis would like to discuss the duties of fair and equitable treatment of aliens (FET)
which has become a part of customary law. This includes the duty of vigilance and protection,
the obligation against denial of justice and finally, the duty to protect the investments against
discriminatory measures. If these basic rights are violated, state responsibility may be invoked.
However, the obligation to compensate is not guaranteed. I humbly say that this statement by the
proponent is vague in saying that the obligation to compensate is not guaranteed without further
discussing the facts and issues involved in such violation.
Also any investment whether local or foreign is always subject to the police power or
eminent domain of our state so there is no relevance in distinguishing between the two. Also, any
act by the government as long as it is constitutionally infirmed whether it is local or foreign
investment can be assailed in a judicial proceeding for determination of rights.

Michael Pio V. Cua

3-D
Fundamentals of Thesis 2

Critique on: The Contradiction that DENR is: A Diagnosis of Its So-Called Institutional
Schizophrenia Probing DENRs Conflicting Mandates as Both Environmental Protector and
Licensing or Regulatory Authority by Monica Siron

This thesiss main argument is that the DENR as the primary governmental agency
responsible for the conservation, management, development, and proper use of the countrys
environment and natural resources should be reorganized due to a perceived conflict of
mandates and functions as both environmental protector and licensing and regulatory
authority. I humbly say that I do not see any conflicting mandates just because an agency is
charge in the management and conservation of our countrys resources which also happens to
be a licensing and a regulatory board. Although both functions have different objectives, one
thing is certain; the DENR can act only within the meet and bounds of the law. Any question
as to the inconsistency of their functions as a licensing agency on one hand and an agency
responsible for the conservation and management of our natural resources on the other hand is
a question of fact and not of law.
To say that the DENR have two contradicting functions is not a gap in the law but
a gap in the implementation of the law, hence a policy question.

Michael Pio V. Cua

3-D
Fundamentals of Thesis 2

Critique on: One Thought One Crime. The Application of the Single Impulse Test in the crime of
larceny to the crime of rape under the Revised Penal Code by Katrina Muli

The proponents argument that an accused motivated by a single criminal intent of having
carnal knowledge of a woman must be charged only of one crime even though multiple acts
constituting rape may be proven. Also, jurisprudence provides that the application of any other
rule would be in violation of the constitutional right against double jeopardy. I humbly dissent
that such statement violates double jeopardy. To violate the rule on double jeopardy the
following elements must concur, (1) a valid information sufficient in form and substance to
sustain a conviction of the crime charged, (2) a court of competent jurisdiction, and (3) an
unconditional dismissal of the complaint after the prosecution had rested its case, amounting to
the acquittal of the accused. Charging someone with multiple rape is filed only in one
information and the charge alleged on multiple acts of rape is based on multiple distinct acts, not
one single act which is dismissed and filed again, hence no violation of double jeopardy.
Also, it is well recognized in our jurisdiction of designating multiple crimes although
there was single criminal intent when committing the crime. Lastly, the single impulse test finds
application in crimes against property which is hard to associate with crime against persons.