A COMMENTARY ON THE CONCEPT OF EFFECTIVELY ·CONNECTED INCOME AS APPLIED .

IN SECTION 25 (A)(5) OF THE NATIONAL INTERNAL REVENUE CODE

Arthur A. ·Sy

THE WRIT OF AMPARO: AN EXTRAORDINARY REt.lEDY FOR THE PROTtcTION AND

ENFORC.EMENT OF FUNDAMENTAL RIGHTS Felix T. Sy, Jr.

\

REFUGEE LAW AND THE RIGHT OF ASYLUM: ARE THeSE ENFORCEABLE UNDER

INTERNATIONAL LAW? Jose Tomas C. Syquia

SUCCESSIONAL RIGHTS OF THE ADOPTED CHILD UNDER THE OLD ANO NEW LAWS

Arturo Tan

THE POWER OF THE COURT TO FIX THE RENT IN CASE THERE IS A DISAGREEMENT

BETWEEN THE LESSOR AND THE LESSEE Rolando P. Tan

WIEGEL v. SEMPIO·DIY: HOW VOID IS A VOID MARRIAGE?

Alan John B. T antoco

THE MUNICIPAL GOVERNMENTS' POWER TO TAX tNTERPRISES REGISTERED

WITH THE EXPORT PROCESSING ZONE AUTHORITY

Joel G. Tinitigan

LUNA v. CA: WARSAW CONVENTION AND ITS EXCLUSIVITY IN CASES INVOLVING PRESCRIPTIVE PERIODS

Laura T. Tomacruz

' THE CONCEPT OF. FREE PORT:

CONSTITUTIONAL ASPECTS OF SECTION 44 OF THE RULES AND REGULATIONS IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 7227

Juris Bernadette M. Tomboc

THE EXTENT OF THE PRESIDENT'S 'IMMUNITY FROM LIABILITY

AND COMPULSORY PROCESSES Patricia Y. Ty

THE RIGHT OF A FOREIGN CORPORATION TO PROTECT ITS TRADEMARK

Sandra· J. Vega·Rimando

THE CONSTITUTIONALITY OF LAWYER ADVERTISING

Rolando V. Vicerra

AN ANALYSIS OF THE CONGRESSIONAL POWER OF INVESTIGATION IN AID OF

LEGISLATION IN THE LIGHT OF THE BRUNEI BEAUTIES AND THE CALAUAN MURDER CASES

Carmen Pilar T. Villamor

PROBLEMS AND POTENTIALS OF NON· STENOGRAPHIC DEPOSITION·TAKING UNDER

t SECTIONS 14 AND 17 OF RULE 24 OF THE RULES OF COURT

Jose Amado D. Vi//amor

REFUGEE STATUS IN THE PHILIPPINES: THE PLIGHT OF THE NON·INOOCHINESE

Rhoda Marie B. Yabes

AN ANALYSIS OF SUPREME COURT DECISIONS WITH ECONOMIC IMPACT

Frances Marie T. Y uyucheng

THE SOCIAL JUSTICE PR'OVISIONS OF THE CONSTITUTION: 'JUST COMPENSATION' OR

'JUST' COMPENSATION Judith M. Zamora •

viii

1

CAUGHT IN THE CROSSFIRE: STRENGTHENING

INTERNATIONAL PROTECTION FOR

INTERNALLY DISPLACED PERSONS

DuE TO INTERNAL ARMED CoNFLICT

PHILIP T. GAN*

In recent decades, the displacement of people within national borders has become a worldwide phenomenon. Social and political forces motivated by an unsettling disregard for fundamental humon rights have been largely the cause of these massive involuntary movement of peoples.

There are various causes of displacement, but one that seems to have caused so much suffering and loss of human life is the existence of internal armed conflict. Often caught in the crossfire between government troops and rebel forces, families and entire communities are forced to amndon their homes and to live under subhuman conditions.

The Philippines is no stranger to this phenomenon of displacement due to internal armed conflicts, largely owing to the ongoing communist insurgency and the lviuslim secessionist movement. The problem has persisted desp:te attempts to resolve it in the municipal and international levels. It may be.said to be a sad case of good intentions being overtaken by the brutal realities o.fihe conflict.

In this thesis, the author formulates a more durable source of protection for internally displaud persons.

INTRODUCTION

A Background of the Study

The conclusion of the Cold War has focused global atter:ttion O'n a wide range of internal conflicts in which the stakes, in terms of respect for and safeguard of human rights, have had an exponential increase. Although enormous progress has been made in setting the standards for human rights, instances of gross human rights abuses and breaches of humanitarian law continue to occur during times of internal armP.d conflict. These struggles, often violent and vicious to

• Juris Doctor 1994, with honors, Ateneo de Manila :Jniversity School of Law. The author received an award for writing the Best Thesis of ClaSs 1994.