PROPOSED THESIS PROBLEMS

PROPOSED THESIS PROBLEMS

PROBLEM SITUATION NO. 1

WHAT IS WHAT SHOULD BE GAP OR DISCREPANCY

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.

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.

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

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.

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 WHAT SHOULD BE GAP OR DISCREPANCY

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.

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.

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.

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.

The state should ensure equality before the law between women and men.

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.

Proposed Title:

Addressing the inequality in our penal law on adultery and concubinage

Proposed General Objectives:

Provides rationale for amending revised penal code provisions on adultery and concubinage

Recommendations on how to address the inequalities in the law while still protecting the institution of marriage.

PROBLEM NO. 3

WHAT IS WHAT SHOULD BE GAP OR DISCREPANCY

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.

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,

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.

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.

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?