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Author	Mr Abelardo G. Hernandez
Organisation/Institution	University of the Philippines, College of Law
Country	PHILIPPINES
Panel	Criminal Law
Title	The Philippine Judiciary’s Drug War: An Examination of Judicial Activism in Criminal Cases and the Supreme Court’s Role During the Duterte Administration
Abstract	This paper provides a unique perspective into the Philippine Supreme Court’s role during President Rodrigo Roa Duterte’s (Duterte) Drug War. The objective is to reframe the discussion, emphasizing that the Drug War should not solely be analyzed through extrajudicial killings, but also through the pernicious consequences of the massive arrests and disposal of criminal cases. It begins by laying out the historical underpinnings of the enhanced judicial power granted to the Supreme Court. It is argued that the hybrid legal system of the Philippines, coupled with the post-1987 Constitution, provides the Court with ample powers to exercise judicial activism against government abuses. This power is unique as it allows not only reactive measures through judicial review, but also preventative measures through the creation of rules and writs. The paper then traces the exercise of this judicial activism post-martial law. It finds a decline in the activism of the Court after being subjected to an unprecedented ousting of successive Chief Justices. After contextualizing the criminal law landscape of the Drug War, the paper presents its main argument: that the Supreme Court’s brand of judicial activism during the Drug War—through the creation of plea-bargaining rules and inconsistent evidentiary doctrines—became instrumental in the executive’s campaign to legitimize the Drug War. This shifted the focus away from irregular arrests and convictions, which were hidden behind the guise of legitimate criminal convictions. To explain this phenomenon, the paper examines the key actors in the criminal justice system—the defendant, the prosecutor, and the judge—through a socioeconomic lens and utility function perspective. The paper concludes by discussing the potential for the Court to re-examine criminal law doctrines post-Duterte Administration.
Biography	Abelardo Hernandez is a public servant, criminal litigator, and academic specializing in criminal law and the local enforcement of international obligations. As a public servant, Abelardo currently clerks for the Philippine Supreme Court where he aids in resolving the most complex legal questions in the country. As a delegate of the Supreme Court, he participated in the Hague Programme on Demand in the Philippines and is part of the Secretariat for the Court’s Human Rights Committee. As a criminal litigator, Abelardo has successfully acquitted clients in various criminal cases. He has also served as lead prosecutor in the trials of complex financial crimes and litigated cases up to the Supreme Court. Abelardo is also a part-time professor of criminal law and legal history at the University of the Philippines College of Law and the Far Eastern University Institute of Law. He likewise served on the Editorial Board of the Philippine Law Journal, Volume 92. Before his professional career, Abelardo competed—and won—at the highest level of moot court, finance, and debate competitions worldwide. He was a World Quarterfinalist, World 12th Best Oralist, and two-time National Champion in the Philip C. Jessup International Moot Court Competition, an International Champion in the After Jessup International Moot Court Competition, and an Asian Champion in the Asia Cup International Law Moot Court Competition. Abelardo was also the World Runner-Up, Asia-Pacific Champion, and National Champion of the Chartered Financial Analyst Institute Research Challenge, and the 2015 National Debating Champion of the Philippines.