LEGAL PRECEPTS The Official Publication of the Univ ersity of Perpetual Help System DALTA College of Law
Volume I Maiden Issue December 2011
MESSAGE
ANTHONY JOSE M. TAMAYO EDITORIAL President
3 Significant Political Events in Retrospect 3 Setting the Pace It is with high esteem that I congratulate the College of
OPINION Law for publishing the maiden issue of Legal Precepts, your official newsletter. I would like to commend the stu- 4 Are You A Legalese? dents behind the editorial board, for accepting the chal-
4 The Player In The Game Of Law lenge addressed by your Dean, Justice Minita Nazario, to resurrect your 5 Acknowledgement 6 Dean’s Corner: Foreword official publication. 7 Meditative Corner: A Promise Kept Legal Precepts, is an undeniable manifestation of the rich reservoir NEWS of journalistic talents of our law students. I enjoin all writers to live-up 8 Christmas Message to the challenge in the finest tradition of journalistic writing. May this 8 First Christmas Party Held in the maiden issue convey to your target readers the various issues that face College of Law your life as students, the field of law and society today. 9 Bar 2011 9 CLEC Revived I would like to congratulate the hardworking and talented writers FEATURE of this publication for managing to juggle your time for your academ-
10 The History of the UPHSD College of ics- the never-ending case assignments, nerve-racking recitations and the Law effort of submitting articles for this issue before the deadline. 12 The New Dean of the College of Law I do hope that the publication of Legal Precepts will serve as a mean- 14 The Associate Dean Justice Maria Cristina G. Cortez-Estrada ingful and substantial learning activity for our law student-writers to be- 15 The Associate Dean Justice Rodrigo come much wiser and better lawyers in the future. V. Cosico 16 Profile of Faculty Members 18 Profile of Administrative Staff DR. ALFONSO H. LORETO 19 A Promise of Greater Things School Director
ALUMNI LINK
20 Atty. Romina M. Dalagan 20 Atty. Erika Frances Buluran-Monzon My warmest greetings to the opening publicati 20 Prof. Albert S. Alday on of your law gazette! It comes at a most opportune time hen LEGAL w we are surrounded by legal concerns and issues s the such a 21 Our Country’s More Serious Problem impeachment of the Chief Justice of the Supreme Court. is Social Cancer 24 Landmark Case : Hacienda Luisita We need a publication like yours to keep abreast with the goings-on in 26 Bar Controversies our government and politics – both here and the whole world. 28 Coping with Stress in Law School 28 Tips to Survive Law School The publication will further facilitate communication and discussions among students as well as between students and expert authorities on the LITERARY subject of law. It hopes to provide a venue to establish bonding between/
29 Contented among students, faculty, alumni, law enthusiasts, administrators and oth- 29 The Merry-Go-Round er individuals in the University. 29 Salvation
Your publication can also serve as a helpful supplement to and refer- ENTERTAINMENT ence in informative knowledge.
30 Comic Strip Finally, the publication will serve as a record of the progress in excel- 31 Movie Reviews lence of the College of Law which all of us are striving for.
Kudos to all of you! 2 EDITORIAL
SIGNIFICANT POLITICAL EVENTS IN RETROSPECT SETTING THE PACE REBECCA A. INSTRELLA , MBA by Rebecca A. Instrella, MBA Editor-in-Chief It is noteworthy to mention in this regard that we kicked off the new year with the introduction of reforms in the College high expectations facing us, the good Before the end of the year 2011, of Law. We are a personage so lucky to and very understanding Justice Rodrigo many political issues and events have in our midst the beloved and ad- Cosico with the unwavering support of mired Lady Dean in the person of Retired Judge Lily Biton, were very supportive made impact on our country and our and encouraging. They proved to be our people. Many high profile personali- Supreme Court Justice Minita V. Chico- Nazario, the enduring and a gracious tower of strength. Thus, we consider it ties were accused and charged with dame Associate Dean, Retired Sandigan- a privilege, not a duty, to be part of this various transgressions by proper bayan Presiding Justice Cristina Cortez- ―historic revival of the College paper‖. authorities. It started with the resig- Estrada, and Associate Dean, the very We are simply overwhelmed. With their notable and illustrious Retired Court of help and assistance, and with clarity and nation of Ombudsman Merceditas resolve, we made the sublime effort to Gutierrez, to avoid the pain and em- Appeals Justice Rodrigo V. Cosico. release this maiden issue, revived the pa- barrassment of impeachment. That It is with credence that we take in cog- per back on form, with a different name was an admirable act, a graceful exit nizance the role of Dean Justice Nazario and concept, though we hope to achieve was what she preferred rather than and Justice Cosico, ably assisted by RTC and produce encouraging results. With the going through the pains and rigors Judge Lily Biton, in spearheading and power of the pen, we aim to present and being instrumental in the formation of announce formally various activities and of a public trial or impeachment. an Editorial Board. This is for the main legal opinions, and introduce some sig- Second, was the arrest and now de- purpose of reviving the paper of the Col- nificant informations, that forms part of tention of the former President Glo- lege. This time around, it is to be named , the life of a law student. At the very most, ria Macapal-Arroyo in the Veterans LEGAL PRECEPTS, which will be dis- that is so, because this is all towards the Memorial Hospital for charges of tinguished from the previous paper which pursuit of excellence in the College. was called THE CHAMBER. The last re- alleged electoral sabotage. Third, is lease of the latter was last 2007. There is a fierce collection of literary the search and capture of retired Ma- contributions and legal opinions that jor Gen. Jovito Palparan Jr., who was With a rare spurt of will power, Dean runs through these pages. Streetwise, accused of kidnapping two Univer- Justice Nazario and Associate Dean Jus- learned, cool, impassioned, intense, sity of the Philippines students and tice Cosico, gave a meaning to the Col- otherwise full of passion, and original- lege that has not seen a paper for the past ity. Advocacy reporting is at its best other victims of atrocities in Central four (4) years. They were determined to though with the use of utmost endeav- Luzon. He is now a fugitive from revive the paper. They conducted a search or. law. Fourth, is the arrest and deten- for the composition of the editorial board tion of Chairman Benjamin Abalos, through essay writing contests and unan- At this juncture, we like to toe the line or also for alleged electoral sabotage. nounced examinations, with essay writing sally forth as free purveyors of legal and as the format of the test. Justice Cosico public opinion. The most recent was the impeach- was at the helm of choosing the Edito- ment of the Chief Justice, who was rial Board. After the search, an Editorial At the very most, that is so, because we accused of three major offenses, to Board was formed by the kind Justice and find an advocate and a mentor in our Lady through his efforts, the Editorial Board Dean and Justice Cosico. Our gratitude wit: betrayal of public trust, culpa- knows no bounds. We hope this will set ble violation of the Constitution, and was tasked to come up with an issue. the pace for new perspectives and the vi- graft and corruption. Impeachment Reluctant and unsure though we were at sion for a new breed of lawyers that this proceedings was set on the 15th first, considering the daunting task and College will produce. opening of Congress, on January 16,
2012. By the time this article is pub- lished, hearings shall have already The people are now on the edge of Going back, in these high profile started. It will be the day of reckon- their seats waiting for the inevitable cases, high ranking officials, were ing and the people will all be glued to happen; but it seems CJ Corona being made to answer for their al- to their television sets to witness an- is steadfast in his stance to fight to leged wrongdoings while they were other impeachment of a high ranking the end and he is confident that he in office. This is a mean feat for a official. There will be two questions will be acquitted. Well, everyone is newly-elected President, who is be- on the mind of an ordinary citizen by entitled to his own day in court. Al- ing criticized for being self-effacing now. Will Chief Justice Corona do though this is not a judicial process and said to be banking on the popu- another Merceditas Gutierrez, which which means this is an impeachment larity and shadow of his parents and is to do a graceful exit and resign? body and the proceedings are in the a mere shadow of them. Will he be able to withstand the form of a political process, still CJ pain, embarrassment, rigors and the Corona will always insist on his washing of his dirty linen in public? right to due process. ...continue to page 26
3 OPINION
Years ago before I entered law school, I saw this quote printed in front of a t-shirt, ―law students spend years and years go- ARE YOU A LEGALESE? by Mark M. Bañas ing to law school learning how to read and write…‖ and this text was printed at the back ―so that none of us can under- Language, including ―legalese‖, naturally long time ago, and these cases form part stand them!‖ To be exact, once you’ve should be constantly evolving in order of our jurisprudence. To cite or quote this decided to enter law school, you have to to suit the needs of contemporary times, precedence dating from way back means spend four years and spare a few months language in effect, should be perpetually that you will not only read it but you need more or even years in preparation for transforming because of the daily usage. to adopt the way how they were written. the bar exams (not counting your pre- Unfortunately, most language special- These cases further support a claim or an requisite four year bachelor’s degree). ists suggest we adhered to being static, argument, which in turn is entitled or ac- The result: a big communication gap! conservative and that we are stuck in the corded greater weight in effect, much the Legalese, by definition, is an informal dark ages, literally! Literally, I say, be- same way as physicians in their medi- term for a specialized language in which cause we often cling to foreign words, es- cal fields or engineers in technical mat- lawyers can exploit and harness; it also pecially Latin which is ancient, not being ters adopt in their daily undertakings. refers to the lawyers composition of le- used anymore and thus a dead language. To sum it up, it is not a pile of legal gal documents to which they subscribe. While it is true that the intention of the law is mumbo jumbo like most conspiracy It is a negative word being pejorative to resolve issues of ambiguity, however, by theorists out there would say that we are or having an unpleasant connotation. continued used of these complicated legal- just making a common man helpless in Unpleasant, because ―laymen‖ (I my- ese terms, not only cloud of doubt is casted deciphering our terms, but a long stand- self included) would most likely frown upon the law, but an eclipse to the most. ing tradition. A tradition that is only ap- just by a mere hearing or glancing at it. So the question remains….why do we con- propriate, fitting and no less pertinent. Then why do the practitioners of law, tinue to be legalese? My stand on the mat- and law students like us, seem to devi- ter is simply because of tradition. To back ate from the common terms, used by the up our arguments, we always use past de- general public, in writing and reading? cisions or cases which have been decided
THE PLAYER IN THE GAME OF LAW by Veronica G. Villadolid
What kind of lawyer? A rich lawyer? A
principled lawyer? A famous lawyer? A seasoned laywer? A controversial lawyer? or a poor one, or even a family per- Name the title of your self game. You don’t son. So what’s the name of the game? have to cheat yourself. After all, it’s just It’s the game of formula. In science, to
a matter of asking, ―Are you happy?‖. So be systematic, there is a formula. Same is true in math. In law, it has the same Law school is like an obstacle game. what if you’re a rich lawyer, a famous law- yer, a principled lawyer, a seasoned lawyer, rules. How will you balance time with Every student entering it must be equipped studying? with your family? with your with formula in overcoming obstacles a controversial lawyer, when you’re not happy. So what’s the name of the game? friends? with your work? with your re- along the way. Since it is a game, you sponsibilities? with yourself? with don’t have to be very serious in playing It’s the game of purpose. There are many obstacles along the way but they’re just your God? There is a need for formula the game which will make you a lowsy to be balanced.What’s the best formula? loser in the end. You have to discern the little compared to the big purpose in life. Why did President Marcos overcome the None. It all depends on your priorities, best way to play the game which should on where you’d like to excel, on what be with vibrance, passion, happiness, in- obstacles of imprisonment in topping the bar? Why did Atty. Suarez overcome hos- will make you happy. Quantity of time spiration, and above all with wisdom com- is not what matter most, its the qual- ing from your daily life experiences and pitalization in passing the bar? And what made Gladys Gervacio the first Perpetu- ity. So what’s the name of the game? with the guidance of God who is lead- It’s the game of creativity. Use ac- ing you in the direction of justice and alite who made it to the top? After all, it’s just a matter or purpose. So what if ronyms in memorizing like Atty. Su- truth. So what’s the name of the game? arez. Use your ipod in studying while It’s the game of self. It’s a matter of being you’re rich, you have all the books, you are a full- time student, you have all the stocked in a traffic like Dean Bisquerra. a dispositioned player. Whatever game Play a recorder many times in remem- it is, you can play as long as you know time to study when you’re not directed towards that purpose of being a lawyer. bering like I do. So what’s your game your direction. You want to be a lawyer? of creativity? Name it and share it! A working student may achieve more, 4 ACKNOWLEDGEMENT
by Rebecca A. Instrella, MBA
We owe this maiden issue of the Legal Precepts to our advisers Justice Rodrigo V. Cosico, and Judge Lily V. Biton. Our kudos to the two who helped us made this endeavor into a reality. They were an active force in motivating us, and by giving us the tenacity and determination to see this through its denouement.
To our Dean, Justice Minita V. Chico-Nazario, who gave her unwavering support and inspiration. It is noteworthy also to acknowledge all our professors, the administrative staff, the President of this University, Mr. Anthony Jose M. Tamayo, and the School Director, Dr. Alfonso H. Lo- reto, we are very grateful for your support.
To our fellow students, who are one with us in the pursuit of redeeming this country of the lacking morale in our justice system. We know the road is uncertain and fraught with challenges. We need to be steadfast in our conviction and our passion to dream on. We have to be resolute and firm in order for us to realize our dreams of becoming lawyers someday. We know our stay in this institution will leave an indelible mark and appreciable impact in our lives.
Last but not the least, I extend my gratitude to the editorial staff, who worked with me all throughout its finale. Although we divided the effort, we henceforth also multiplied the effect. I have to mention Ms. Veronica Villadolid , if not for her endurance and perseverance this will not had materialized. It is remarkable of her to worked till the wee hours of the morning just to finished the layout of our paper so we can meet deadlines. I am very much indebted. To Ms. Marian Tepora, who was very diligent and arduously engaged in seeing this through the end. To the rest of the editorial staff, Hailey Jade Isla-Tan, Mark Banas and Erik Ivans Soriano, my praises, for all your unwavering and priceless support and contribu- tions. To the writers, and to Mr. Jason Vinculado, our photographer, who provided all the excellent shots on this paper. And to the Purchasing Department, Ms. Alice Pascual and her staff, I gave my heartfelt gratitude. To the editorial board, my congratulations!
Editorial Board
REBECCA ALBANO INSTRELLA, MBA MARK M. BAÑAS ATTY. ROLANDO A. SUAREZ Editor in Chief Opinion Editor JENNIFER ISLA VERONICA G.VILLADOLID ERIK IVANS D. SORIANO MARICRIS V. FADERUGAO Managing Editor/Layout Director Fine Arts and Photo Editor ROWENA O. PASAPORTE HAILEY JADE B. ISLA-TAN Contributors: Associate Editor JUDGE LILY V. BITON MARIAN C. TEPORA JUSTICE RODRIGO V. COSICO JASON HAYES O.VINCULADO Literary and Feature Editor Faculty Advisers Chief Photographer
LEGAL PRECEPTS University of Perpetual Help – Las Piñas COLLEGE of LAW Telephone No. 8710639 loc. 120 Email Add.: [email protected] [email protected]
5 OPINION
Dean s Corner by Justice Minita V. Chico - Nazario
F O R E W O R D
I am pleased to welcome the maiden issue of Legal Precepts which is dedicated to serve as a forum for scholarly writing and legal research. At its helm are students of the College of Law of the University of Perpetual Help System-DALTA. At its core is the un- flagging zeal of the College of Law to instill in our students an allegiant respect for the rule of law toward the loftier goal of being effective agents in nation building.
As Dean of the College of Law, it is my honor and privilege to witness the publication of Legal Precepts. You hold in your hands an unequivocal affirmation that we are committed to honing our students’ inquiring minds, to harnessing their inquisitive nature, and to providing a free and open platform for their scholarly works and papers.
It is beyond cavil that Legal Precepts is vital to the continued success of the College of Law. I envision Legal Precepts to be an av- enue where legal debates and legal scholarships are pursued. Foremost, it is an undertaking that will grant our students an effective opportunity to publish their academic papers. As such, Legal Precepts serves to inspire our students to pursue a more disciplined study of our legal and jurisprudential landscape. Second, academic writing compels a thorough appreciation of the subject. By pub- lishing their papers in the Legal Precepts, our students are called to plunge into the depths of their academic potentials to arrive at a meaningful understanding of the law. I urge students to examine the legal theories that they encounter in the classroom, to write about the questions that beleaguer their minds, and to address them in a full-length paper to be considered for publication in the Legal Precepts.
Such is the task of a scholar of the law — to thresh out issues, address the nuances of the law, and not merely to skim the surface. I am confident that our students will rise to the challenge. The Legal Precepts will also serve as a crucible of the College of Law’s history. Future law students who will enter the halls of our College need only to open the pages of Legal Precepts to see the direc- tion that we have taken in promoting the study of the law and in shaping future lawyers.
The role of an independent legal journal cannot be underestimated. It is akin to a beacon that diffuses light to its environs just as the nature of knowledge requires that it be shared. Such is the veritable objective of education: to teach and to learn. Legal Precepts partakes of an educational tool by which the stakeholders of the College of Law of the University of Perpetual Help can be both teacher and learner. I am convinced that the readers of Legal Precepts should take a proactive stance whenever possible by becom- ing contributors to our journal. In that role, our reader will take the lectern of the teacher. Meanwhile, the members in our academe will be enriched by these outputs. It is a circle of learning. It is, thus, our task to turn Legal Precepts into a collaborative effort that reveals our community spirit and university pride.
I am hopeful that in the pages of Legal Precepts, you can articulate your theories and researches on relevant legal issues as well as ponder on the developments and prospective transformations of the law. Therefore, I invite our students, faculty members, and alumni to contribute your academic writings to Legal Precepts. Clearly, Legal Precepts is set to embrace a broad and wide spectrum of legal topics in contrast to some law journals that restrict publication to specialized areas. To achieve this goal, I enjoin your spir- ited participation in this endeavor.
To be sure, the task at hand will test both our vision and our passion. We are, after all, in the initial stages of publication. The Legal Precepts has yet to be tested by time and history. But I am optimistic that its publication will fulfill many of our dreams for the Col- lege, most especially for our students. As Dean of the College of Law, I have been granted the opportunity to witness the dedication of our students and our capable staff who have offered their time and talent to the accomplishment of this undertaking. From what I have seen, the future of Legal Precepts appears auspicious.
Allow to me to reiterate that the Office of the Dean remains at the forefront of ensuring that the noble objectives of the College of Law will be reached.
In closing, I pledge my support to the success of the Legal Precepts. I wish its Editorial Board a flourishing and rewarding journey.
6 OPINION
Meditative Corner by Judge Lily V. Biton
A PROMISE KEPT
ONE Saturday, I shared a cake with my students. I had Galatians 4:4-5 put on top of the cake as decor in time for Christmas. They also gave me hot coffee mocha for a treat. While we were enjoying our snacks, one of my students asked me what the verse is all about. I told them that it is about GOD keeping His promise to send us a Redeemer to save us from our sin through JESUS CHRIST so that we can come to GOD Who is holy and just, who is our FATHER. GOD keeps His promises. He is not like most of us who do not care about keeping a word or two. When I was a new lawyer, I had been trying to encourage my nephews and nieces to do well in school for a prize. I told one of my neph- ews that if he could land in the honor roll I will buy him a bicycle. After all, at the back of my mind, he could not do it anyway. At the end of the school year, my sister told me that my nephew got it to the top. She then asked me about my promise to buy him a bicycle. ACTUALLY, that news really came to me as a great surprise. I was not ready to buy my nephew a bicycle. I rational- ized that he would be exposed to great danger riding on the bike in the high way. He might be run over by speeding bus or jitneys which would result in a disaster. In short, I did not keep my promise...which was even worst of all disasters. YEARS passed by, soon my nephew had a daughter and a family of his own. One day, I saw his daughter riding on a borrowed bike cruising the country road. Maybe kind of guilt stricken as I was, I told her that I will buy a bike for her so, she does not have to borrow from her playmate anymore. The next day, I asked our driver to accompany me to the city to buy a bicycle. The problem was, the one I like was costly and beyond my budget. We went around looking for the best buy in different stores, but to no avail. I started rationalizing again, like one is fond of doing, when he or she does not want to do something that he or she ought to do. At that time, I was trying to find good reason of not buying the bike, to evade keeping my promise again. AT that instance, things of the past flashed into my memory in wide screen. I remembered the promise which I failed to keep with my nephew. Now, I seemed to repeat the same sin again with his daughter. What kind of a person am I? I went back to my senses and I found my feet bringing me to the mall’s foreign exchange corner. I had my last hundred US dollars changed into pesos. Then, I bought the bicycle I chose for my nephew’s daughter. WE arrived home late that day, as I met with my good old friends and dined with them in the city. My nephew’s daugh- ter was still at home waiting for me and her bike which I promised to give her. Her joy could not be contained as she saw her bike loaded down from the truck. She rode on her bike cruising all around the yard that evening full of glee and thanksgiving. AS I lay on my bed to sleep that night, I pondered in my heart what would have happened if I failed to fulfill my prom- ise to the little girl. I could not imagine the disappointment on her face to see me without her bike that night. And yes, how I thank GOD for His grace which enabled me to keep my promise...this time...to walk my talk...if only to give priceless joy to a believing heart of a child even if it be through a temporary earthly good, like the bicycle. GOD keeps His promise: ―For when the fullness of the time has come, GOD sent forth His Son, made of a woman, made under the law, to redeem them that were under the law, that we might receive the adoption of sons.‖ (Gal.4:4-5) GOD fulfilled His promise. No matter how costly it could have been for Him, for His Son to live in this sin stricken world, to suffer and to die to pay the price of our sin. INDEED, we have all the reason to celebrate Christmas. The promise kept by GOD is not merely intended for our tem- porary happiness here on earth but for the joy we will have in heaven with Him throughout eternity. DO not let this Season come to pass without getting hold of HIS PROMISE KEPT in your HEART.
7 NEWS
CHRISTMAS MESSAGE First Christmas Party Held in the College of Law Dean Justice Minita V. Chico-Nazario by Rowena O. Pasaporte
―University of Perpetual Help College of Law‖ not… ―LAS PIÑAS or Tamayo’s University Col- lege of Law. This very title of this institution sepa- rates it from the rest of law schools. The founders decided to dedicate it to the only probable perfect human being created by God – the Blessed Mary Mother of God – with the intent of invoking her protection and giving this institution its unique identity – a catholic institution which aims to provide not simply an education but more specifi- cally a complete catholic educational experience wedded to reason and logic, in the light of truth. Blessed John Paul II once said.. ―Faith without reason or logic leads to superstition while reason without faith leads to nihilism‖.
As a College of Law, our basic goal is not just to provide the necessary attitudes, skills, character traits, quality and character of minds required of law students to perform effectively as lawyer and defenders of law; but that, too, are in line with the light of truth. With this in mind, the great senti- ments or better called the ―Spirit of Christmas‖ - which are faith, hope, love, joy and peace – take on a special meaning for us.
The 4th (last) Sunday of Advent (preparation for Christmas) is upon us. In 9 days, we celebrate our Lord’s birthday. Do we have the true spirit of Christmas in our hearts or have we lost our sense of wonder regarding what the Advent and Christ- mas seasons are all about‖ Sad to say, but for a lot of us, Christmas spirit means playing Christ- mas music, dusting off or putting up Christmas The University of Perpetual Help System – Dalta College of Law held its trees and ornaments, tedious tasks of listing gifts, first christmas party under the new management and leadership of Dean Justice non-stop frantic shopping. And add to this is the Minita V. Chico-Nazario last December 17, 2011 at the university canteen. Law daily feeding/ bombardment of news/ information professors Justice Maria Cristina Cortez-Estrada, Judge Dolores Español, Judge largely BAD, seldom good – that suddenly we can’t find the ―peace, hope, love, faith and joy‖ Jesusa Prado-Maningas, Judge Ruby Bithao-Camarista, Atty. Alonzo Tinagan, perhaps because we have run out of space for them Atty. Ariel Joseph Arias and Atty. Rolando Suarez were among the attendees. in our hearts and minds. The ―Christmas Rush‖ Administrative Officer Aida Viesca, Administrative Assistant Jocelyn Pinlac has become not so much about the sense that over- and the Librarian of the College of Law, Arthur Bryan Mariano, also attended whelms us - that Christ is coming – but rather the said event. the frantic scrambling through the holiday traffic. And, before we realize it, Christmas is over and The professors showcased their talents by performing song and dance numbers. we are dazed, fatigued, exhausted and not hope- ful, not peaceful, not joyful and not loving as we These professors are the following: Atty. Tinagan, Atty. Arias, Atty. Suarez, want to be. Justice Estrada, Judge Maningas, and Judge Camarista. The performances by said professors enthralled the audience. Exciting games were played and one Christmas is not about the ―RUSH‖. It is about of these is the classic ―trip to Jerusalem‖ where both boys and girls were the being able to sit still, meditate on the season’s sen- participants. Prizes were raffled and given to the students. The event was full of timents, grasp the messages in the traditions of the laughter and cheers. season such as the symbols of the advent wreaths and the ―simbang gabi‖. Christmas is not about us. It is about WHO - our Lord Jesus Christ – whose What inspired the students were the inspirational messages delivered by birth and life we celebrate. our beloved professors, the most remarkable of which was the speech of the Honorable Dean Justice Minita Chico-Nazario. As an anonymous writer suggested, ―let us ap- proach Christmas with an expectant hush and not Maria Gloria Lazatin, Carmencita Tamayo and Jose Ruel Saniel were the a last minute rush‖. organizers of the event. Giovanni Carlo Panganiban and Catherine Espiritu were the emcees that night, while Jason Hayes Vinculado was the photographer. A Blessed Christmas to each and everyone of you.! The party was a success. It was an enjoyable and unforgettable event.
8
NEWS
recorders, cell phones, and other electri- BAR 2011 cal gadgets were prohibited. by Hailey B. Jade Isla-Tan A lot of changes have been made since CLEC REVIVED the first Philippine Bar Exam in 1901. by Erik Ivans D. Soriano It was organized by Justice E. Finley The 2011 Bar Examination conducted Johnson, but the 4-day series format was during the four Sundays of November only introduced in 1940. From 1940’s was successfully held at the University until 1960’s, the Bar exam was given of Santo Tomas. The Main Building, in the month of August. In the 1970’s & San Martin de Porres Building, Bena- 1980’s, and this was transferred to No- As the S.Y. 2011 ends, the Comelec seeks vides Building, and St. Raymund Peña- vember. From 1990 to 2010, it was given to initiate the event that will form the roster fort Building were used as exam venues in September. It was only last year that it of the College of Law Executive Council. for the 6,200 law graduates who took was returned to November. Justice Abad The committee is thriving to make such the exam. It is the first time that bar ex- said that their target date for the release election happen in order for our College to ams were held in their campus. The first of the test results of 2011 is sometime in have a representation that is coming from ever Bar exam venue was University of February which is earlier than the usual the student body itself. the East (UE), then Manuel L. Quezon months of April or May. Aside from the History would tell us that our last student Univeristy (MLQU), then Polytechnic change in venue and date, the Supreme body, which was headed by Atty. Anatoly University of the Philippines (PUP). Court also increased the Bar examina- Estrella was last June of 2009. There were From 1995 to 2010 it was moved to De tion and admission fees from P2,750 to differences between the students and the La Salle University (DLSU), Finally P3,000.00. new administration of the College of Law at this 2011, the Supreme Court trans- But the most significant change the Su- that time which caused the cessation of the ferred it to Univeristy of Santo Tomas preme Court made is the format of the student body. This was not resurrected any- (UST). Supreme Court (SC) Spokes- bar exam. They used Multiple-Choice more because the students who were active person Midas Marquez said the change Questions (MCQ’s) constructed to spe- in it before left for other schools. Since then of venue had nothing to do with the cifically measure the candidate’s knowl- the student body was missing in the Col- September 2010 Bar blast in front of edge of the law and ability to recall the lege. This was probably due to lack of en- the De La Salle University campus that laws, doctrines, and principles that every thusiasm and zealousness on the part of the injured several people who joined the new lawyer needs in his practice. It also administration and their indifference and Salubong. Since then, SC had come up assessed the candidate’s understanding detachment with regards to the concerns of with stricter measures in the conduct of of the meaning and significance of those the students. But those days were long gone the Bar Examinations, one of which is laws and principles as they apply to spe- now. We would not belabor history. the banning of Bar operations. cific situations. The Bar exam MCQ’s With the providential arrival of the new Justice Roberto A. Abad, Chairman of Dean, everthing changed. And things that will be machine-checked just like in were believed to be unexpected happened. the 2011 Bar Examinations Committee, Professional Regulation Commission li- banned the traditional Bar operations, With the loving guidance of Justice Minita censure exams. Five experts from each Chico-Nazario, who aims to have a better like the setting up of streamers, send- Bar subject from the University of the standard for the College, and is amenable offs, cheering squads and other forms Philippines Law Center will convene on and disposed to make reforms for the bet- of merry-making within the vicinity of the day following the exams (Monday), terment of the institution. She is more than UST last November 6, 13, 20, and 27. to validate the answers suggested by the willing to give assistance and support to the The streets surrounding UST campus examiner who formulated the MCQ’s. If students, in order to achieve our ultimate remained open to traffic; however, the the majority of the five (5) experts say goal of passing the bar and have a genera- southbound portion of Lacson Avenue that there is actually no valid answer to tion of lawyers that will give new light to and España Boulevard was reduced to the question or that there are 2 or more our wavering political situation in these tur- two lanes to accommodate the crowd. valid answers, then that question will be bulent times. The presence of policemen outside the invalidated & credited as a point in favor A new student body would entail a very University ensured the peace and order of all the examinees essential and necessary mechanism, to en- during the examinations. While person- They also made changes in the format able the students to translate their ideas into nel from the Supreme Court Security of the bar exam syllabus to guide the ex- results. Through this avenue, this will en- Division, Court of Appeals, National aminees in their review. They included able the body to ventilate new ideas, issues Bureau of Investigation, and UST Se- the topics and sub-topics covered in the and concerns of the students. Through this curity Office took charge inside the exam rather than simply stating the cov- system, the body will be able to incorporate campus. Only bar examinees with no- ered laws in the syllabus. and consolidate these issues, ideas, aspira- tices of admission were allowed to en- tions and requirements and elevate these in ter the campus. Firearms, cameras, tape order to be properly addressed in the proper forum and to the proper authority. Such is the mandate and significance of a student body to interpret the matters of interests and requirements of our law students. This is for the ultimate vision of realizing the objec- tive of developing an involved, improved, diligent, and inspired students, in order to realize our ultimate vision of producing bar passers and ultimately bar topnotchers.
9 FEATURE
UPHSD College of Law
By Veronica G. Villadolid
The University of Perpetual Help System DALTA is a co-education- al and a non-sectarian learning institution. It was established in 1975 as Perpetual Help College of Rizal, was granted the university status in the year 1997 and was later renamed the University of Perpetual Help System DALTA.
In 1997, Perpetual Help College of Rizal was granted its university sta- tus paving its way to greater achivements in the College of Law.
The College of Law of Perpetual started its operation in the year 1994 with Justice Edgardo L. Paras as its first dean for the first semester. The pioneer professors were Justice Ricardo Galvez, Justice Maria Losa, Judge Edilberto Sandoval, Atty. Jack Jimenez, Atty. Eugene Paras and Rev. Pastor Bing Oyos. There were 32 pioneer students who enrolled with 18 males and 14 females.
By the second semester of the year 1994 and until March 2009, Justice Isagani Cruz became its second dean. Atty. Joe-Santos B. Bisquerra be- came the third dean from 2009 to 2011. Currently, the fourth dean is in the person of Justice Minita V. Chico-Nazario.
In 2000, the UPHR College of Law was declared the third best school, out of the 10 Best Law Schools in the Bar. According to an article written by former Chief Justice Panganiban, the school is one of the top perform- ing schools in the Philippines for the last five years.
By the year 2005, it produced a 6th placer in the bar exams in the person of Gladys V. Gervacio, earning a perfect 100% in two bar subjects—Legal Ethics and Labor Law.
Since then, the College of Law is consistent in being one of the top ten best law schools in the Philippines. Considering the fact that most of the students of Perpetual are working either, full time or part time, Perpetual
is making its way to the top attracting an increasing number of student enrollees year after year.
Perpetual Help College of Law is now on its eighteenth year. Thus, Perpetual is on its right track making its way to the top. Hail Perpetual! Let us aim more and excel in the field of promoting justice in our land.
10 FEATURE
VISION
The UPH College of Law is the most accessible law school in the southern outskirts of Metro Manila. The school aims to be at par with the top Manila law schools. So as to be able to offer comparable legal education within the reach of those desirous of becoming lawyers, but are con- strained because of the distance from the perceived top law schools.
MISSION
It is the aim of the UPH College of Law to provide quality legal education and instill the Perpetu- alite creed that ―Character building is Nation building‖ to future members of the legal profession. Our goal is to produce graduates who are armed with the necessary legal knowledge and compe- tence which will enable them to hurdle the Bar Examinations; and thereafter become instrumental members of the legal profession who will exercise their duties in accordance with the ethical mandates of the legal profession founded on the virtues instilled in them as Perpetualites.
OBJECTIVES:
The primary objective of the College of Law of the University of Perpetual Help System-DALTA is to inculcate in its students a proper appreciation and understanding of law as an instrument for the promotion of the highest interests of the nation. The college also strives to prepare its students for the practice of law as a career with full fidelity to the lofty standards of the legal profession and the demands of responsible citizenship.
11 FEATURE
THE NEW DEAN OF THE COLLEGE OF LAW by Rebecca A. Instrella, MBA
Justice Minita V. Chico-Nazario finished elementary and high school education at Our Lady of Loreto College, Legarda St., Manila. She earned her A.B. at the University of the Philippines (1958). She was married to the late Rod Nazario (1935-2009), noted for being the first business manager/ promoter of Manny Pacquiao, with whom she has three children: Rho- derick, now a medical practitioner in Orlando, Florida, U.S.A.; Rommelious, an engineer by profession but now in the sports world following in the footsteps of his late father (Producer: In This Corner, aired on Channel IV, 7:00 p.m., every Sunday); and Karen, an International Flight Stewardess but now married to a French and residing in Paris, France.
After graduating from University of the Philippines College of Law, in 1962, she started out as a Social Secretary to the late Justice Juan Liwag.
After passing the bar in 1962, she started her career in the Judiciary, first as a legal Researcher then as Deputy Clerk of Court of Regional Trial Court of Pasay City, then Court, of First Instance, from 1963 to 1968. She later functioned as Judi- cial Supervisor in the Department of Justice from 1968 to 1973. In 1973, she was appointed Senior Judicial Assistant to then Supreme Court Chief Justice Fred Ruiz Castro until the latter’s demise in 1979. She briefly worked as Legal Assistant to then Court Administrator Justice Leo D. Medialdea (who was later appointed Justice of the Supreme Court). In February, 1983, she was appointed Division Clerk Court of the SANDIGANBAYAN where she worked as such until February, 1987 when she was appointed First Woman Justice of the SANDIGANBAYAN. She was thereafter appointed the First Woman Presiding Justice of the Sandiganbayan. On February 11, 2004, she was elevated to the Supreme Court as one of the Associate Justices therein. She was the first Presiding Justice of the Sandiganbayan to be appointed to the Supreme Court.
The following are her remarkable achievements:
First woman Justice in the Sandiganbayan, its first woman chair of a Division therein and then first woman Presiding Justice First Presiding Justice of the Sandiganbayan to be elevated to the Supreme Court Former President of the Philippine Women Judges Association for 5 years Appointed to the Supreme Court on February 10, 2004 In 2002 ,The Most Outstanding Kapampangan in the Field of Law Chairman of the Special Division Constituted by the Honorable Supreme Court to try the Estrada Plunder Case per its Resolution Promulgated January 21, 2002 Criminal Law Bar Examiner for the year 2000 ULIRANG INA AWARDEE (for Law and Judiciary) 2000, by the National Mother’s Day Foundation of the Philippines, Inc. on May 14, 2000 Professor of Law at Perpetual Help College of Rizal, Las Piñas, from 1994-1997 Admitted to the New York State Bar – April 26, 1988 Appointed Regional Trial Court Judge of Biñan, Laguna, 1987 FILIPINA FIRST : A centennial salute to Filipino Women firsts in their field Cited as one of the 100th FILIPINA: FIRSTS IN THEIR FIELD (for being the FIRST Woman Justice in the SANDIGAN- BAYAN and FIRST WOMAN CHAIRMAN OF A DIVISION IN THE SANDIGANBAYAN).
12 FEATURE
JUSTICE MINITA V. CHICO-NAZARIO by Rebecca A. Instrella, MBA
She came like a breath of fresh air to this College which had been suffering from a setback caused by the previous Administration who was found to be wanting in so many aspects of management. Law students were disillusioned by the way things were by the absence of a Dean who should be at the helm of the College. Some of the stu- dents decided to leave for other law schools because of this situation. But last year, we were caught by surprise when we noticed banners all over the University announcing the appointment of a new Dean for the College of Law.
We had mixed reactions. We don’t know what to expect from the new Dean. It’s quite understandable since we have our share of disappointments from the past admin- istration. We were apprehensive and we were weighing how the appointment of a new Dean will affect us and what will it have in store for us. We were all curious who is the new Dean and what changes she will be making for the College. Since she haven’t met us yet officially, we tried several times to peek and have glimpses on what’s going on inside the Of- fice. All we can see were that the office was being refurbished, and it was in a state of chaos. The smell of paint was so offensive to the senses that we would always cover our noses and wore masks whenever we passed by. We were wondering why the need for the makeover although, surely, the place was a shabby and had a gloomy appearance. We were uncertain and there was a feeling of being on tenterhooks whenever we passed by what with the smell of paint pervading the classrooms. Classes were being conducted in sufferance with that odious smell originating from that place. We haven’t seen the new Dean yet. Only the carpenters and painters, and the administrative staff. We waited and wondered with bated breath. Later on, we realized that the waiting and the suffering were all worth it. One day, I chance upon two ladies coming out of the office, the other lady I knew to be the Asst. Dean Justice Cristina Cortez-Estrada. But her companion, I noticed, was a sight to behold. I was quite taken by the elegant way she carried herself, with such grace, poise and confidence. She looked like a sight for sore eyes. Sorry for the pun, but the lady is lovely. I was not aware of her identity then. I went to the office and asked who that lady was, and I was told by the staff that she’s our new Dean. Wow, I told myself, she’s amazing. I hope she’s not only a looker. Besides being a female, I was having doubts as to how she can measure up to our expectations. Does she got what it takes to institute reforms and bring back this College to its former glorious days? But lo and behold, when classes commenced, we were astounded by the most impressive line up of professors taken in by the new Dean to teach in the College. That was just the start. The office and the classrooms were transformed from a gloomy and depressing hue. The library was also given a total make over in structure and content. There was a preposterous metamorphosis. The foul smell of paint was all worth it. We have a new office that’s very amiable with its brilliant and striking colors, new and comfortable furnitures, the classrooms were repainted and refurbished, and a friendly and very considerate staff. And to cap it all, we have a new Dean who is quite a revelation. She is very visible and accommodating. At first we thought that she was intimidating. But we found out that she is a gentle person with that rare breadth of knowledge and sterling qualifications. With all her achievements, she manages to maintain her beauty and humility which is a very rare trait for a person who has reached the pinnacle of success. Succintly put, our new lady Dean has proven herself beyond our expectations. She is perfectly all wrapped up in a package. She has already endeared herself to the students. Once more, the students are motivated and inspired to study more because she never fails to encourage and give us words of advice and wisdom. She is not only determined and totally committed in her vision to make reforms for the betterment of the College but also to produce future bar topnotchers. Our lady Dean is not only very qualified and is making a difference; she also brought back glamor, dignity, and hope to this College with her spirited crusade and vision. In return, the students should be giving it back in full measure.
13 FEATURE
ASSOCIATE DEAN JUSTICE MARIA CRISTINA G. CORTEZ-ESTRADA by Hailey Jade B. Isla-Tan & Jennifer Isla
In a world where men have dominated the legal profession, it takes pure determination and resolution for a woman to join such profession. Associate Dean Justice Maria Cristina Cortez-Estrada’s father, Atty. Emiliano Cortez, believed that his daughter will contribute to change the perception of male dominance. As William Shakespeare had put it ―It is a wise father that knows his own child.‖
As we all know, our beloved Associate Dean Justice Maria Cristina G. Cortez-Estrada was the third woman named to the Sandiganbayan’s top judicial post before she entered the Aca- deme. To name a few of her exemplary awards, aside from the distinction of being the Presid- ing Justice of the Sandiganbayan, Justice Cortez-Estrada was hailed as one of the Outstand-
ing Judges of Albay; and her record as After finishing my undergraduate and invited to be a law professor and I a hard-working and dedicated judge law studies at the University of the discovered that I actually enjoy be- also earned her an Award of Merit by Philippines, I immediately joined the ing a professor. I’m happy that I’m in the Community Chest Foundation of civil service. Starting as a clerical aide the academe because I can share my Metropolitan Manila and Rizal. In in the Office of the President, I worked knowledge with aspiring lawyers. I 2006, she was made Chairperson of the my way up to become a Supervising know it’s also my mission to inspire Gender and Development Focal Point Presidential Staff Legal Officer in the others in the right path especially the of the Sandiganbayan, and because of said office.‖ youth. To whom will they look up to her mastery of the law, she was desig- except those who have taken the path nated as the Bar Examiner for Legal How did you start in the Judiciary? before them. As a mother and a lawyer and Judicial Ethics in the 2006 Bar ―I cannot forget what my husband, by profession, I feel I have a role to in- Examinations. She was also conferred Atty. Alfredo V. Estrada, who was spire the young ones to become good the Ulirang Ina Awardee for Law and also a UP College of Law graduate, lawyers.‖ Judiciary in 2003 and Teresa’s Light in said - that women make good judges. 2001, in recognition of ―an exemplary Shortly after my husband’s death, an What is the most important thing in life lived in accordance with the ide- opportunity for employment in the ju- being a lawyer? als of St. Theresa’s College, her Alma diciary came, when a friend of mine ―Well, for one thing, it is one of the Mater.‖ called and told me to attend a three- most lucrative professions. Besides, day juris seminar, to be conducted by in general, people think highly of law- Allow me to share with you the story the Department of Justice for aspirants yers. People look up to them as leaders of her life that she had shared with us to the judiciary. Hence, I attended the in the community. When one becomes during the interview. seminar and eventually took the ex- a lawyer, one can engage in the actual ams. Fortunately, I passed. practice of law, become a judge, or en- What made you pursue the legal ter the government service. It is also a profession? My first judicial post was in Legaspi very practical profession. Knowledge ―In the beginning, I was not inclined City, Albay, where I was the Regional of law is needed in every aspect of to take up law because I studied at St. Trial Court (RTC) Judge. I stayed there life.‖ Theresa’s College, from elementary to for 4 years, and then transferred to the high school, and the Belgian Sisters, RTC of Antipolo, and eventually to the What is your message for aspiring therein who were very conservative, Pasig RTC. In 1998, former President law students? taught us that women should be home- Joseph Estrada appointed me as an As- ―I always tell my class that if one makers. But my father did not agree. sociate Justice in the Sandiganbayan, wants to be a lawyer one should love He tried to convince me to take up law where I became Chairman of the Fifth reading, aside from having an analyti- because he knew I could hurdle the rig- Division. I handled ill-gotten wealth cal mind. Without these attributes, I ors of law school. Since my father was cases against Marcos and his cronies, don’t think one will pass the bar and a College of Law graduate from UP he aside from other cases. I retired from become a good lawyer. For students wanted me to enroll there. I remember the Sandiganbayan as Presiding Jus- who are already parents, inspire your that out of 100 law students enrolled tice thereof.‖ children. Be a good role model so that in the UP College of Law then, there your children will follow you.‖ were only 15 female students. The le- What made you decide to enter the gal profession was then a man’s world. Academe? However, I enjoyed my college of law ―Actually, it was not my dream; I studies‖. never intended to be a professor. But God works in mysterious ways. I was
14 FEATURE
ASSOCIATE DEAN JUSTICE RODRIGO V. COSICO by Marian C. Tepora
Justice Rodrigo Cosico has spent more than 40 years in legal profession as a Lawyer, Profes- sor, Prosecutor, Trial Court Judge, and Associate Justice of the Court of Appeals.
Born and raised in San Pablo City, Laguna, Justice Rod had never imagined that he would be pursuing the legal profession. His only goals then were to earn a college degree, find a stable job, and help his family.
But he was led to a different path. The then Court of First Instance employed him and exposed him to court proceedings, which developed his interest in the legal field and later made him pursue law. While studying law at the San Pablo College in San Pablo City, he continued to work as a court employee.
With his intellectual prowess and experiences gained in the court, Justice Rod passed the Bar Examinations in 1961 and took an oath as a lawyer on January 22, 1962.
He became a legal practitioner for almost a year until the death of his father, and later decided to work at the San Pablo City Fiscal’s Office as Chief Clerk but was designated as a Special Counsel instead because he was a lawyer.
Desirous of the position of a prosecutor, he then applied for a post in the Manila Fiscal’s Office but was denied. This did not stop him from pursuing his desired career. After ten years, his name was endorsed to the Department of Justice by the San Pablo City Fiscal, recommending him for the State Prosecutor position which he successfully landed, and thereafter served at the Ministry of Justice, Manila.
Wanting to broaden his knowledge in legal education, he then pursued LLM at the University of the Philippines, Diliman as a Law Center Scholar.
He was appointed as Trial Court Judge in 1987 and served at the Regional Trial Court for over a decade. During the same period, he became a finalist in the Foundation for Judicial Excellence for two years: 1991 and 1995.
Thereafter, in 1997, Justice Rod was promoted to the Court of Appeals, where he served as an Associate Justice. He was the first appointee in CA from San Pablo College.
On November 17, 2005, he was among the five awardees of the prestigious Justice George Malcolm Award, which is accorded only to those who have few pending cases for decision.
As recognition to all his achievements, the Student Council of San Pablo College of Law awarded him as the Most Outstanding Alumnus on July 26, 2003. The City of San Pablo also recognized him as one of the Outstanding San Pableno on May 6, 2008.
He retired from his position as Associate Justice of the Court of Appeals on July 4, 2008. As of the date of his retirement, he has disposed all the cases assigned to him for decision.
Among the celebrated cases he handled were the trial of the Payumo Massacre Case, while he was still in the Regional Trial Court of Biñan, and in the Court of Appeals, the Vizconde Massacre Case.
Not once did he twist the truth and never was he blinded by the pressure and material things. He protected his dignity and integ- rity and upheld his sense of justice and truth in all the cases he handled and decided.
Despite all the achievements and success, and fulfilling all his aspirations in life, his feet remained flat on the ground. Good health and longer life are the only things that he is religiously praying for.
Wanting to share his blessings, knowledge and specialization, and believing that a new breed of lawyers who value justice, dig- nity and truth are needed by this country, he entered the academe. When he was still an RTC Judge, he taught at the University of Perpetual Help – Biñan for five years, and since 2005, has been a professor at the San Beda College of Law in Alabang.
The University of Perpetual Help – DALTA is truly blessed to have him as the Associate Dean of the College of Law.
15 FEATURE
PROFILE OF FACULTY MEMBERS
Atty. Antonio P. Bonilla Atty. Ariel Joseph B. Arias A. B. Economics – University of the Philippines – 1980 (Cum Laude) B.S. Agriculture – University of the Philippines – 1960 Bachelor of Laws (LLB) – Ateneo de Manila University – 1984 (2nd Bachelor of Laws (LLB) – University of the East – 1970 Honors) B.S. Business Administration – University of the East – 1971 10th Place, 1984 Philippine Bar Examinations Master in Business Administration (MBA) – DLSU – 1974 Master of Laws (LLM) – De Witt Full Scholar, University of Michi- Master in International Management (MIM) – I/AME– 1986 gan School of Law, 1990 Member of the Sanguniang Panlalawigan – Camarines Member – New York State Bar (Passed the 1991 New York State Bar Norte – 1987 to 1992 Examinations with grade of 87%) One of the twelve (12) most outstanding Provincial Board Senior Associate – Sycip Gorres & Velayo (SGV) Members of the Philippines – 1991-1992 Teaches Buss. Organization I and II, Taxation I and Taxation Review Bar Reviewer – Land Titles and Deeds Managing Partner – Arias Bilog & Associates Law Firm Chair/CEO – Bantay Bayan Foundation, Inc. – 1991-Present President – UE Law Center – 2008-Present Judge Ma. Ruby R. Bithao-Camarista Teaches Forensics, Remedial Law Review, Election Law and Practicum IV B. S. Foreign Service – Lyceum of the Philippines - 1970 Bachelor of Laws (LLB) – Lyceum of the Philippines – 1978 Master in Government Management – Pamantasan ng Lungsod ng Maynila – 1980 Atty. Marcial P. Bernales, Jr. Former Legal Officer IV in the Commission on Audit B. S. Political Science – San Sebastian College – 2002 Presiding Judge – Metropolitan Trial Court, Branch 1, Manila Bachelor of Laws (LLB) – San Sebastian College – 2008 Teaches Legal Writing and Statutory Construction Master of Laws Major in Commercial Laws – San Beda Graduate School of Law – 2009 to Present Secretary – Director, Las Piñas Bar Association – 2011 Teaches Insurance and Banking & Law Practice Judge Dolores L. Español Bachelor of Laws (LLB) – University of the Philippines – 1958 M. A. in Economics – Lyceum of the Philippines – 1970 Diploma Course in Procurement Attorney’s Course – USAID Grantee, University of Virginia, Charlottesville, Virginia U.S.A. Diploma Course in Economic Development – Colombo Scholar, Judge Lily V. Biton Lakehead University, Thunderbay Ontario, Canada B. S. Biology – Central Philippine University – 1982 (Scholar) Member – New York Bar Association and American Bar Association Bachelor of Laws (LLB) – Central Philippine University – 1986 Presiding Judge – Regional Trial Court, Branch 90, Dasmariñas, Cavite (Retired) Master of Laws (LLM) – University of Santo Tomas – 1995 Chairperson, Transparency International, Philippine Chapter Course on Management Development for Court Administrators Legal Consultant – Solar Resources Inc. – 2005 to Present (Sponsored by PAHRDF – An Australian Government Initiative, Teaches Special Proceedings, Succession and Legal Counseling thru the Honorable Supreme Court) - Tagaytay & Manila, Philip- pines; Sydney & Adelaide Australia – 2006
W riter: The Sandiganbayan Hymn entitled ―SANDIGANBAYAN: The Pillar of our Na- tion‖ Prosecutor Lamberto C. Fabros Reservist with the Rank of Captain – Armed Forces of the Philippines Reserve Com- B. S. Zoology – University of Santo Tomas – 1980 mand (AFPRESCOM) Top Graduate for Academic Excellence of Class 06-2000 Bachelor of Laws (LLB) – University of Santo Tomas – 1980 Broadcaster, DWDD Legal Matters (Free Legal Counseling and Lectures On-Air) – Associate Attorney – Prospero Crescini Law Office – 1992-1998 2002-2004, 2006 and 2007 Legal Counsel and Corporate Secretary – American International Chief Justice Awardee for Outstanding Service in Judiciary – 2004 Group – BPSI – 2004 to 2006 Included in the 2008 (Silver Anniversary Edition) and 2009 Edition of The Marquis State Prosecutor (Trial Prosecutor) – DOJ/Office of the City Who’s Who in the World Publications (inclusion is limited to those individuals who Prosecutor, Parañaque City have demonstrated outstanding achievement in their own fields of endeavor and who Teaches Credit Transactions and Transportation have, thereby, contributed significantly to the betterment of contemporary society) Presiding Judge – Regional Trial Court, Branch 77, San Mateo Rizal / Vice Executive Judge Teaches Civil Procedure, Labor Standards and Land Titles Justice Alexander G. Gesmundo B. S. Economics – Lyceum of the Philippines – 1977 Bachelor of Laws (LLB) – Ateneo de Manila University – 1984 Bar Examiner – Remedial Law – 2009 Bar Examinations Associate Justice of the Sandiganbayan Has taught Remedial Law Review
16 FEATURE
Judge Juanita T. Guerrero Judge Jesusa S. Prado-Maningas A. B. Political Science – University of the Philippines – 1969 Associate in Arts – University of Santo Tomas – 1961 Bachelor of Laws – Ateneo de Manila University – 1975 Bachelor of Laws – University of Santo Tomas – 1965 Admitted in the New York State Bar Association - 1989 Finished Court Case Flow Management Course in Osaka, Tokyo Presiding Judge – Regional Trial Court, Branch 204, Muntinlupa City & Kyoto, Japan – 2002 Executive Judge – Regional Trial Courts of Muntinlupa City – Presiding Judge – MTC, Manila (Retired) 2003-2005, 2011-Present Teaches Legal Forms, Practice Court II and Practicum III
Director – Philippine Judges Association – 2011-Present Teaches Evidence, Legal Profession and Criminal Procedure
Atty. Jose Sonny G. Matula A. B. Political Science – Mindanao State University - 1987 Judge Emily L. San Gaspar-Gito Bachelor of Laws (LLB) – Manuel L. Quezon University – 1997 A. B. Political Science – University of Santo Tomas – 1993 Master in Industrial Relations – University of the Philippines ers’ Education Program on Social Security International Or- Bachelor of Laws (LLB) – San Beda College – 1997 (Ranked Work 5th ation (ILO) Training Center – Turin Italy – 1998 in the Graduating Class) ganiz U.S. State Dep’t Study Grant on Accountability of Gov’t & Buss. Master of Laws – University of Santo Tomas – 2003 (Acade mic – U.S. Int’l Study in Washington D. C., Denver, Minnesota and Requirements completed) Boston – 2002 Secretary – Society for Judicial Excellence – 2006 to 2011 Executive Director V (Assistant Secretary) – Presidential Anti- Recipient of the Award for Model Employee, Supervisory Level (for her ―work p er- Graft Commission (PAG C), Office of the President – 2001-2002 formance rendered with impressive productivity, creativity, leadership, dedication and Titular Member of the General Council – ITUC-Asia Pacific interpersonal skills that exemplifies the image of the Judiciary workforce at its best) Presidential Merit Awardee – 2005 – 2007 Commissioner – Social Security System – 2006-2010 Awarded as the Most Outstanding Judge of Manila (in recognition of her unceasing Head – Phil. Social Security Delegation in the Negotiation of Bilateral Social Security Agreement with Portugal – Manila and Lisbon – 2009 and 2010 devotion to duty and faithful discharge of her authority as dispenser of justice and for Workers’ Adviser – Phil. Tripartite Delegation in the 99th Int’l Labor Conference – her untiring efforts in unclogging her court’s docket) – 2010 Geneva – 2010 Currently the Vice-President of the Metropolitan Trial Court Judges Association of National President – Federation of Free Workers-ITUC – 2011 Manila (METCJAM), the Executive Vice-President of the Metropolitan and City Workers’ Representative – Nat’l Tripartite Industrial Peace Council (NTIPC) – 2012 Judges Association of the Philippines (METCJAP) and the Vice-President for MeTC Teaches Constitutional Law I and II of the Philippine Women Judges Association. (PWJA) Presiding Judge – Metropolitan Trial Court, Branch 20, Manila Atty. George O. Ortha II Teaches Practicum II and Legal Ethics B. S. Accountancy – San Beda College – 1996 Certified Public Accountant – 1996 CPA Board Examinations Bachelor of Laws (LLB) – San Beda College – 2002 Placed 9th in the 2002 Bar Examinations Associate in Feria Tantoco Robeniol Law Offices Teaches Negotiable Instruments, Sales & Real Estate and Lease Commissioner Esther R. Ibañez & Ejectment Bachelor of Laws (LLB) – University of the Philippines – 1961 (Ranked 20th in a class of 150 Certified Graduates) Master of Laws (LLM) – MLQ University, Manila – 1996 Judge Delia H. Panganiban Former OIC, Assistant Commissioner – BIR Legal Services Associate in Arts – University of the Philippines – 1958 Head Revenue Executive Asst. Director II – BIR Legal Services Bachelor of Laws (LLB) – University of the Philippines – 1962 Member – National Association of Women Lawyers, American Presiding Judge – Regional Trial Court, Branch 64, Makati City (Retired) Bar Chapter, Chicago, Illinois Teaches Property and Torts & Damages Head, Philippine Panel on Tax Treaty Negotiations – Czech Re- public – 1998 Head, Phil. Panel on Tax Treaty Negotiations – Thailand – 1999 Head, Philippine Delegation on Study Tour on German Tax Administration – Germany – 1999 Member: Phil. Panel on Signing of Tax Treaty with the Peoples Republic of China – 1999 Judge Rustico V. Panganiban Member of the Philippine Panel (First Round) on Tax Treaty Negotiation between the Associate in Arts – University of the Philippines – 1954 Manila Economic and Cultural Office and the Taipei Economic and Cultural Office – 2002 Bachelor of Laws (LLB) – Arellano University – 1958 Chairperson – BIR Legal Information System Former Labor Arbiter – Ministry of Labor and Employment Teaches Taxation II Presiding Judge – Regional Trial Court, Branch 51, Manila (Retired) Teaches Special Civil Actions and Criminal Law I and II
Justice John Emmanuel F. Madamba Atty. Randolph A. Pascasio B. S. C. Accounting – Adamson University – 1980 B. S. Psychology – Pamantasan ng Lungsod ng Maynila – 1996 Bachelor of Laws (LLB) – University of Santo Tomas – 1990 (Cum Laude) Assistant Solicitor General – Office of the Solicitor General Bachelor of Laws (LLB) – San Beda College – 2003 Teaches Obligations & Contracts and Criminal Law Review 15th Place, 2003 Philippine Bar Examinations Presidential Management Staff – Office of the President, Malacañan Teaches Local Government and Legal Research
17 FEATURE
Dean Salvador A. Poquiz Justice Amelita G. Tolentino A. B. Political Science – Manuel L. Quezon University – 1973 (Scholar) A. B. Political Science – Lyceum of the Philippines – 1964 Bachelor of Laws (LLB) – Manuel L. Quezon University – 1980 (Valedictorian) Bar Reviewer and Bar Lecturer in Labor Law Bachelor of Laws (LLB) – Lyceum of the Philippines – 1968 Bar Examiner in Labor and Social Legislation on 2008 Bar Examinations (Valedictorian) Author, Textbooks and Reviewer in Labor Law Consistent Valedictorian since Grade One (Grade School) up Dean of the College of Law – University of Manila – 2009 to Present to the time she finished her law degree Teaches Labor Relations and Labor Law Review Former Presiding Judge – Regional Trial Court, Branch 274, Parañaque City (Handled, tried, and decided the celebrated Atty. Rolando A. Suarez Vizconde Massacre Case, which was dubbed and described Certificate in Secretarial Course – St. Ignatius Vocational by the media as ―the Crime of the Century‖) School – 1957 Recipient of Woman of Distinction Award – Soroptimist International, Metro Manila A. B. Political Science – University of the East – 1962 (Dean’s Northwest District – 2000 Lister) Recipient of the Outstanding Lawyer In Public Service Award - Rotary Club of Diliman Bachelor of Laws (LLB) – San Beda College – 1966 North in cooperation with the Top Justice of the Philippines Foundation, Inc – 2010 Special Studies on Labor Relations – University of the Philip- Recipient of the Most Outstanding Kapampangan Award (MOKA) in the Field of pines – 1967 Judicial Service for the Year 2005 given by the Province of Pampanga Award of Recognition in the Justice System - Rotary Club of Mabuhay Rotonda, Bar Reviewer and Lecturer Author, Law Textbooks (Principles, Comments and Cases in Constitutional Law Rotary International District 3780 – 2011 Vol. 1 & 2, A Mile To Go For Genuine Land Reform In the Philippines, Agrarian Certificate of Recognition for Outstanding Achievements in the Field of Law - Ly- Reform and Social Legislation, Introduction to Law, Comparative Study: Roman ceum of the Phil. Law Alumni Association – 2008 Law and Philippine Law, Notes and Comments on the Provisional Constitution of Chairperson, 5TH Division, Court of Appeals, Manila the Republic of the Philippines, 1987 Constitution for Pre-Law and other College Associate Justice of the Court of Appeals, Manila Students and the General Public) and Reviewers (Political Law Reviewer, Constitu- Teaches Persons & Family Relations, Civil Law Review II and Commercial Law Review
tional Law Reviewer, Six Months Before the Bar Outline/Reviewer, Three Months Before the Bar Outline/Reviewer), and other Non-Law Books Teaches Public International Law Justice Francisco H. Villaruz A. B. Political Science – Ateneo de Manila - 1963 Bachelo r of Laws (LLB) – University of the Philippines – Dr. Bienvenido Jose V. Tianco B1967 ar Examiner – Criminal Law – 2004 Bar Specialization in Family Medicine – University of the Phil- FExaminations ormer Director of Securities & Exchange ippines – PGH and Medical Center – 1982 PCommission residing Justice of the Sandiganbayan Bachelor of Science – University of Santo Tomas Ha s taught Practice Court Passed the Physician Licensure Examination – 1987 Bachelor of Laws (LLB) – Jose Rizal College – 1992 Doctor of Medicine – Faculty of Medicine and Surgery – University of Santo Tomas – 1997 Master of Laws (LLM) – Post Graduate Institute of Law – San Beda, Mendiola ADMINISTRATIVE STAFF
Master of Science in Criminal Justice Administration – San Beda, Mendiola Diploma Course in Pharmaceutical Medicine – Philippine College of Pharma- ceutical Medicine Ms. Aida L. Viesca Fellow and Diplomate, Philippine Academy of Family Physician Administrative Officer Office of the Dean Member, Faculty of Pharmaceutical Medicine – United Kingdom B. S. Commerce Major in Accounting – Lyceum of the Former Medical and Service Director in Abbot Laboratories Board Reviewer in Legal Medicine Philippines Medico Legal Adviser, University of Perpetual Help-DALTA Medical Center Accountant Teaches Legal Medicine Financial Planning/ Cost Analyst Cost Accounting Supervisor Cost Accounting Assistant Atty. Alonzo R. Tinagan B. S. Commerce – Business Administration and Manage- ment – Aklan College - 1966 Bachelor of Laws (LLB) – Aklan College – 1972 Studies in International Relations – Sociedad de Estudios International School, Madrid Spain – 2000 Ms. Jocelyn Herico Pinlac Master of Laws (LLM) – UST, Manila – 2004 (Cum Laude) Administrative Assistant Former Dean – College of Law – Aklan College Office of the Dean Teaches Conflict of Laws and Intellectual Property Law B. S. Education – University of Makati Computer Secretarial – AMA CLC former Training Officer - Dept. of Interior & Local Govt. (DILG) Atty. Paulino L. Yusi Supervisor – Foodsphere (Product Image Mktg) A. B. Political Science – Holy Angel University, Angeles Secretary - CDNS Law Office Pampanga - 1986 Accounting Staff - Caledonian Ent. Bachelor of Laws (LLB) – University of Santo Tomas – 1990 Zone 2, Grp. 3 President - Sangguniang Kabataan (SK) Has taught Business Organization Member - Parish Pastoral Council for Responsible Voting (2007 & 2010) Member - Angelicus Choir
18 FEATURE
A PROMISE OF GREATER THINGS by Hailey Jade B. Isla-Tan
―Coming together is a beginning, staying together is progress, and work- ing together is success.‖ This quotation by Henry Ford is very adept in our situation.
A tedious process of growing, learning and coping with the demands of law school as well as fulfilling the visions of our school has confronted us last year. Yet, there was never a vanquished moment. Instead, we pre- vailed by dealing with these challenges with lessons of humility, service and dignity. Indeed, we have learned and will continue to learn. As the school year comes to an end, we are left with fleeting images of the past activities. Our school paper, The LEGAL PRECEPTS, attempts to capture those moments and recreate them. It seeks to define us in re-es- tablishing what we have learned and in envisioning what we shall become. Henceforth, let me bring to mind our past activities and accomplishments of the year, which paved the way for a few new yet, promising beginnings. First of all, the College of Law welcomed a new Dean, the Supreme Court Justice Minita V. Chico-Nazario, who holds the distinction of being the first woman Justice in the Sandiganbayan and its first woman Presiding Justice.
Second, the College of Law is proud to have new additions to its roster of Law Professors. ―The very best in their field,‖ as our beloved Dean would say. Third, the successful revival of the official publication of the College of Law, the Legal Precepts. This would not have been possible were it not for the help of Dean Justice Minita V. Chico-Nazario and our Associate Deans, Justice Maria Cristina G. Cortez-Estrada and Justice Rodrigo V. Cosico, together with the assistance of Judge Lily V. Biton. To Justice Rod Cosico and Judge Lily Biton, our Faculty Advisers in the Legal Precepts, we would like to express our sincere gratitude for your endless advice, loving support and patience. Also to the new Editorial Board, Rebecca Instrella, Editor in Chief; Hailey Jade Isla-Tan, Associ- ate Editor; Rica Villadolid, Managing Editor and Layout Editor; Mark Banas, Opinion Editor; Marian Tepora, Literary and Feature Editor; Erik Soriano, Fine Arts Editor; and to the Contributors: Atty Rolando Suarez, Jennifer Isla, Maricris Faderugao, Rowena Pasaporte; and to our official photographer, Jason Vinculado. Thank you for your invaluable assistance and hard work in preparing this edition.. This is the maiden issue of our paper, LEGAL PRECEPTS since the last publication of The Chamber was in 2007. Fourth, an Ad hoc Bar Operations Committee organized by the sophomores who supported our Perpetualite Barristers last 2011 Bar exams. To the 2011 bar candidates Dionisio Asuncion Jr., Agnes Ayala-Vargas, Lowell Joyce Bolito, Claudette Claudel, Cheryll De Mesa, Anthony Escaez, Ronald Espino, Pacifico Espino, Jovelyn Gatchalian, Aileen Hiquial-Caerlang, Val Derek Ignacio, Maria Carla Laynes, Eric Luna, Marlyn Miralles, Rachelle Miralles, Lester Olimpo, Maria Arsenia Perez, Ramil Remulla, Elmer Gerardo Rubio, Rozelin Sol, Merlinda Sualibios, Sunshine Supnet, Enrique Valencia, and Jhelena Villanueva congratulations for finishing the Bar examinations! We are proud of you! Claim that ATTORNEY. It’s yours! Fifth, a simple Christmas Party which turned out to be very memorable since almost all the Professors who were present showcased their talents in singing, dancing and oration. So if you attended the celebration last December 17, 2011, consider yourself lucky, since you cannot see them doing that everyday. It is also my honor to express my deepest gratitude to our Dean Justice Minita V. Chico-Nazario and to our Associate Deans, Justice Estrada and Justice Rod Cosico, who have continuously supported and guided our endeavors. As we close the past chapter in our history and continue on our life’s journey, let us welcome the promise of greater things. Though the future may sometimes be uncertain and bleak, Perpetualites, never fear. With faith in the Lord as our bastion and strength, no barricade is too formidable to conquer. Despite all the perplexities and complications that law school and life in general has to offer, do not despair, for we have our Dean and our Law Professors to guide us in our journey. Hence, as we go through this path, let us continue to strengthen our bond as we share in fulfilling the visions of the College of Law. 19 ALUMNI LINK
A tty. Maria Romina M. Dalagan
B orn on 14 December 1970, Maria Romina M. Dalagan is the eldest daughter of Cesar and Nena Dalagan, Chairman/Presiden t and Editor-in-Chief of the Philippine Catholic Veritas and a devoted mother respec- ti vely. She graduated from Assumption College, San Lorenzo, Makati in 1992 with a degree in Mass Communication.
S he then worked for The Philippine Stock Exchange and various multi-national companies such as The Philippine TA Securities, Inc., a Malaysian trading company and Duke Energy Asia, a U.S. based company e ngaged in the energy business.
F ourteens (14) years after graduation from college, her personal life experiences moved her to enter law ochool in 2006. Known as Ate Mina to law school classmates and friends, she shared the typical lifestyle recitations and going through rigorous f a typical law student—reading piles of law books, digesting hundreds of cases, facing nerve-wracking mid-term and final examinations—with a slight variation. Despite the demands of law schooling, Ate Mina had successfully managed the equally challenging demands of her role as a wife to a devoted and supportive husband and as a mother to a toddler and a teen-ager all at the same time. She graduated with the degree of Bachelor of Laws from the University of Perpetual Help System Dalta in April 2010 and successfully passed the 2010 bar examinations.
She believes in living life to the fullest and takes time to enjoy the present moment with her loved ones. She is currently working as an Associ- ate at the Raymond Fortun Law Offices and enjoys writing, painting, and bonding with her two (2) daughters, Nastasia and Isabel, during her free time.
Att y. Erika Frances S. Buluran-Monzon
A ssociate Solicitor III Office of the Solicitor General A .B. in Public Administration – University of the Philippines - 1998 B achelor of Laws (LLB) – University of Perpetual Help - 2005 C urrent member – DPWH Region4-A Task Force C urrent agencies handled – DPWH 4-B (Or. Mindoro) 2nd Eng’g. District, Dagupan Natl. HS & NHA A gencies previously handled – AFP, PNP, Fertilizers & Pesticides Authority, Don Mariano Marcos State University, National Archives of the Phils. ormerF member – MIAA Terminal 3 Task Force, BOC-TCC Task force, CHED Task Force, AFPCES Task Force & MIRDC Task Force Handled Amparo case & Habeas Corpus case before the Court of Appeals Assisted the DSWD in drafting of their Implementing Rules & Regulations on Domestic Adoption Part-time Law teacher in Phil. Christian University teaches Legal Writing, Legal Research, Banking Law, Administrative Law
Prof. Albert S. Alday
B.A. in Philosophy (Cum Laude) - University of the Philippines - 1994 Bachelor of Laws (LLB) – University of Perpetual Help Rizal – 2003 Master of Laws (LLM) in International Business Law Degree, Boston University School of Law – Janu- ary 25, 2012 Doctor of Philosophy, Metaphysics - American College of Metaphysical Theology (Minneapolis, Min- nesota) - 2001 He is currently the Executive Assistant of Dean Aretas Singson - Alday, College Secretary, and Medical School Registrar of University of Perpetual Help Rizal JONELTA Foundation School of Medicine.
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Instead of adding more fuel to the heated debates in or outside of the impeachment court, I have chosen to address, discuss and write about equally, if not more important issues and ideas which have been overlooked, if not entirely disregarded, and which were not given a chance to be in place in our political and electoral system.
Throughout the past decades after World War II, elections have been held to elect local and national public officials. For a long time, the people were given the right to vote under a two-party system.
At that time, there were only two (2) political parties that dominated the elections, the Liberal Party and Nationalista Party. This is the reason why the Presidents, Senators, Congressmen and local officials who were elected are either a Liberal or a Nationalista.
The first President of the Philippine Republic is Manuel A. Roxas (a Liberal), followed by Elpidio Quirino (another Liberal), on account of the untimely death of President Roxas. The succeeding presidents are Ramon F. Magsaysay (a Liberal turned Nationalista), Carlos P. Garcia (a Nationalista), Diosdado P. Macapagal (a Liberal), and Ferdinand E. Marcos (a Liberal turned Nationalista).
President Marcos served for more than twenty (20) years, instead of the regular four-year term, through the help of and by declaring martial law in the Philippines on September 21, 1972, which paved the way for ratification and approval of the 1973 Constitution.
In a ―snap‖ election held on February 7, 1986, Corazon C. Aquino and Salvador H. Laurel joined forces and ran as President and Vice-President, respectively, against the team of Ferdinand E. After that glorious era, there were of Marcos and Arturo Tolentino, but complaints of massive election irregularities and fraud led to course other national leaders who have also protests and demonstrations in the four corners of the country. All these ignited the ―People Power distinguished themselves in the academe Revolution‖ or ―Edsa Revolt‖, as some people call it, which culminated to two historical events: and in their professions and they were also (1) President Ferdinand E. Marcos and the members of his family, with some public officials given a chance to serve in the senate, but it who have remained loyal to him, left the country for Hawaii on February 24, 1986, at around has already become difficult to elect brilliant 9:00 o’clock in the evening; (2) Corazon C. Aquino and Salvador H. Laurel were proclaimed and products of the academe and the profession installed President and Vice-President, respectively, by virtue of what is known as the ―People because of the politics of money that Power‖. have damaged, if not totally wrecked, our democratic constitutions. There was no more two party system from 1987, and since then, dozens of political parties were formed. In my book entitled ―Principles, Comments and Cases in Constitutional Law I‖, I NOW, THE MULTI-PARTY SYSTEM remember having said this: ―Those memories of the four-day People Power Revolution remains IS IN PLACE. COMPUNDED BY vivid in the author’s mind for as long as he lives, leaving him one great lesson: THE REAL AND ALL SORTS OF ELECTION FRAUD STRONGEST POWER THAT MAKES A NATION IS ITS PEOPLE. KINGS WILL REMAIN IN AND POLITICS OF MONEY, IT HAS THE THRONE ONLY IF THE PEOPLE WANT THEM.‖ (pp.7, Suarez, First Edition) BECOME DIFFICULT TO INDUCE BRILLIANT MEN FROM THE A BRIEF BACKGROUND OF THE ELECTIONS UNDER THE TWO PARTY SYSTEM ACADEME AND THE PROFESSIONS TO PARTICIPATE IN THE ELECTIONS Except for alleged electoral cheating, terrorism and fraud during the time of President Elpidio Quirino, the people have succeeded to elect outstanding national leaders, a crop of qualified people After the approval of the 1987 Constitution, who have distinguished themselves as outstanding students, lawyers, professionals, businessmen the successive elections since it was approved in their own field. were held under a multi-party system.
Graft and corruption in government at that time was not as serious and glaring as the ones we The intention, according to the framers of the have experienced during the martial law regime and under the recent administrations. constitution is to have ―a free and open party system‖ which ―shall be allowed to evolve We have an abundance of revered leaders, respected for their brilliance, integrity, honesty according to the free choice of the people and outstanding public service. Other than the Presidents who were all bar topnotchers, except xxx‖ (Section 6, Article IX of the 1987 President Ramon Magsaysay, who, however, was a very popular President, we have also produced Constitution). outstanding and brilliant senators like Claro M. Recto, Jose P. Laurel, Lorenzo Tañada, Quintin Paredes, Eulogio Rodriguez, Camilo Osias, Sergio Osmeña, Manuel Briones, Raul Manglapus, The intention is noble but it has become clear Jose Yulo, Mariano Jesus Cuenco, Jose Locsin, Francisco ―Soc‖ Rodrigo, Jose Zulueta, Alejo now that the element to make it succeed is Mabanag, Francisco Delgado, Fernando Lopez, Oscar Ledesma, Emmanuel Pelaez, Roseller Lim, Cipriano Primicias, Jovito Salonga, Ambrosio Padilla, Arturo Tolentino, Lorenzo Sumulong, not yet in place. Ferdinand Marcos, Jose W. Diokno, Estanislao Fernandez, Jose Roy, Wenceslao Lagumbay, Rodolfo Ganzon, Leonardo Perez, Benigno Aquino, Jr., and many others. I apologize for the ―A free choice of people‖, out of which names I have missed. a free and open party system can evolve, has no hope of succeeding in the kind of That portion of our history is the benefit of a period when brilliant and qualified men from elections we have in the Philippines, where the academe and their professions were given a chance to be elected on the strength of their vote buying and cheating is massive, where own credentials, record and performance and with the least intervention of corruption money, the poverty and helplessness compel the poor influence of broadcast and print media, the exorbitant costs of advertisements, and the glitters and and the indigents to allow their votes to be popularity of movie actors and actresses who gradually entered the political arena. bought by corrupt, abusive and powerful politicians who invest their fortune just to be Gone are those days and they may not come again. Gone are those days when you can just elected, and just so that they can amass more watch debates in the Senate, instead of a regular movie, and you are happy, elated and entertained. wealth at the expense of our people.
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This is actually the root cause, among other ancillary causes, of BUT THEIR DREAMS, AND OUR DREAMS TOO, ARE BARRED BY growing and pervasive poverty. It is so difficult, if not impossible, to GREED AND SELFISHNESS OF MANY PEOPLE WHO JUST CHOSE TO elect qualified men and women who have distinguished themselves in BENEFIT THEMSELVES. the academe and in their respective professions for the simple reason that they cannot have a capability to participate in the elections which THEY ALLOWED THEMSELVES TO BE VICTIMS OF MONEY POLITICS, are controlled and manipulated by the rich and the powerful. THE ROOT CAUSE OF GRAFT, CORRUPTION, POVERTY, INSURGENCY AND OTHER PROBLEMS WHICH WE SEE TODAY. The so called “free choice of the people” is not true. A NEW SCHEME HAS EVOLVED. THIS MAKES OUR SOCIAL There can only be freedom of choice if the people who make such CANCER MORE SERIOUS. choice are indeed free; if those who are allegedly chosen are free; if the true interest of the people are served and taken cared of by Buying and selling individual votes, though still prevalent, is now those who claim they are free; if the people are liberated from outmoded by a more evil scheme. Now, the entire barrio is be- graft, corruption and greed of those in the ladders of government; ing subject of negotiation. Not that each barrio resident is given if the votes are counted truly and freely; if the people are freed from P500.00. What happens is that the barrio is offered or given a big hunger and want. Freedom as it is written may be so easy to read but project (i.e. construction of waterworks system, construction of a it cannot feed a hungry stomach. basketball court, construction of a chapel, construction of a baran- gay hall, grading of roads, giving away sets of jetmatic pumps, etc.) Massive poverty and unemployment prevails all over the land. In addition, donations of all sorts are given. The amount of the proj- Ignorance and hunger, aggravated by famine, calamities, insurgency ects vary. They range from P100,000.00 to P500,000.00. Jetmatic and crimes, have added misery and pain to the people who are pumps are the least expensive. expected to make a choice. The problem is they have no choice at Even then, the rich candidates who give these projects are actually all. Between the beautifully worded constitutional mandate and their the ones who get the votes. There is always a prior understanding survival, they will choose first to earn, no matter how modest, to buy among the barrio people that they will vote for whoever is the can- just a kilo of rice if only to live for another day, truly, they cannot have didate who gives the project. a free choice.
And yet, despite the crisis upon crisis that they suffer from day to day, Principles, issues, ideology, qualification, competence and valid graft and corruption goes on unabated from the streets to the halls of program of government of the other candidates are no longer impor- power. There should be an end to this problem otherwise, what we tant to the voters. What is important to them is the project they get. could attain is merely independence and freedom on paper but not Some barrio people say: ―Wala ng kwenta ang galing ng kandidato, economic independence which is actually the one that makes us free. ang mahalaga ay yung proyekto para sa amin.‖ The evils do not stop there. One rich candidate who heard about the The problems I have elucidated are the root causes of massive and project that was given will offer a bigger project, or at times, a big- pervasive poverty. ger amount. Instantly, breaches of all sorts are committed one after another. The hardworking poor and the remaining honest public officials in In short, the people are bribed but in the process they become more government will not be able to tilt the balance to improve the lives of devils than the giver because they vote ultimately for the highest the poor who are greater in number, nor can they improve the coffers bidder. of government to such a level that will save our country from huge In such a scenario, honest, qualified and competent men and women public debt. who are not funded will have a very difficult time to win. The election process, instead of being the opportunity to change for the better, turns out to be the period when the leaders and the elec- A poor man, in desperation, says: “Sir, hindi po kami tamad pero torate trade punches of dishonesty, bribery, cheating and all other ang problema ay walang hanapbuhay. Maraming pera at bilyong forms of election fraud. piso ang ninakaw ng mga “corrupt” at magnanakaw sa pamahalaan. Young men and women of this Republic are witnesses to all these Nagtatapon ng bilyong piso pag halalan pero sayang lang. walang frauds. Their idealism is at once endangered by the evils that con- napunta sa pagpapabuti ng aming buhay”. front them. Sooner or later, they will be forced to trade punches with the dishon- SOCIAL CANCER est and the cheaters. This struggle continues even after the elections. They continue to The leaders and the people are in pari delicto. But I am more inclined witness the bribery in the streets, in government bureaus and offices, to believe that there will be no takers if there are no givers in the first and even in private offices. place. Scandals, graft and widespread corruption are, in fact, reported in newspapers from day to day. It is the leaders who tempted the voters to receive the amounts they Those are, in effect, the necessary consequences of vote buying and were offering. widespread briberies in the election period. The victors, with the rare exception of the honest ones, ARE They should have restrained themselves from resorting again to FORCED TO STEAL TO RECOVER THEIR ELECTION EX- fraud, vote buying and terrorism. It is for their own good anyway that PENSES. UNFORTUNATELY, THEY ROB NOT BY THE THOU- they keep a posture of discipline. They should have displayed their SANDS BUT BY THE MILLIONS. honest-to-goodness desire for change to the better, if not the best.
The people would not have any room to demand and to be devils. With the exercise of sheer leadership, determination and honesty of purpose, the people, I believe, should have followed.
After all, they are the first beneficiaries of social reform. It is for their own good that more decent and honorable men are elected into public office.
It is what we, the young leaders then, have fought for in EDSA.
It is what our heroes have fought for.
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They cannot just be in one corner and watch events as they happen. They should make things happen. They need not be the frontrunners but lack of funding should not be a total excuse for them not to be involved. They can exert their influence. They can even be the kingmakers. The men and women they have molded will be there to translate the dreams of their mentors. All these are essential ingredients in the building of a strong and pros- perous nation. Yes, it is a long tedious process but it is surely the best that could be done to cut off the weeds of social cancer.
These millions will be billions. THIS CAN START AT ANYTIME. THIS CAN COMMENCE IN Our country is plunged into a heavier debt we could no longer pay. ANY PLACE. ANYONE CAN START MOVING BUT THE BEST The poor become poorer and the rich become richer, with practically TIME IS NOW. THE SOCIAL CANCER IS NOT ABOUT TO BE- no hope, or very slim hope for progress. GIN. IT IS ALREADY KILLING US. These are conditions that aggravate our social cancer. Today, our economic conditions are so unstable. Cost of living con- tinue to surge without relief. OPTIONS OPEN WHICH CAN BE STUDIED AND RE-EXAMINED. The daily wage, being the source of relief for the ordinary wage earn- What is seemingly overlooked is that the people are more confused er, could not be raised because of poor business conditions. when there are more political parties. Perhaps, it may be a better idea Complaints, left and right, have been heard. A lot of people are heard to limit or categorize the parties to three or four principal philosophies on radio about massive disenfranchisements that have occurred in and test the people’s preference. Those are the political ideologies of their respective places. democracy, democratic socialism and communism. A labor party may Threats from the right and the left are serious problems too. be added to represent the cause of labor which, in effect, may include Heinous crimes are committed day in and day out. agricultural, industrial and any and all workers. All these political scenarios, coupled with adverse and poor business In the process, politics of values and ideology, instead of politics of conditions are compounding our social cancer. money and personalities, will be strengthened; the people’s confusion Like cancer itself, the entire body politic is feeling the pain. will be lessened because they will be limited to choose the ideology that The entertainment and comedy shows during election periods are like suits their belief and interest; the level of poverty and maturity will be pain killers. elevated; good and honest ones, with the help of their political parties, The people are entertained and they laugh. But after waking up the will have a greater chance to win; the same support shall be equally following morning, they feel again the pain of poverty. extended by the government to all the political parties; and whoever is This condition goes on with no signs of better relief. It is slowly eat- elected will have more chance to obtain a majority, instead of a plural- ing our patience. ity vote. Politics of money and personality will greatly decrease, if not total- This is social cancer in its advanced stage. We can no longer afford to ly eliminated. This idea will obtain wider participation of the people be complacent, or else, we will wake up one morning with our coun- whose choice will be limited to what is really significant and relevant try torn by strife and chaos. to their lives. The insurgency problem will be solved because the in- By then, there will be no more entertainment and comedy shows – surgents can participate in the election and see for themselves if the people accept their ideology. The rich will have less leverage because ALL THAT IS LEFT IS SUFFERING AND DEATH INFLICTED the choice is limited to the ideological institutions or values each party BY THE VERY ILLNESS WE HAVE CREATED. represents. By then, our laughter will be buried with our own bodies. Like in a two-party system, the standard bearers of the parties will be ARE THERE STILL GOOD MEN AND WOMEN WHO ARE chosen among themselves within the party they represent. Whoever STRUGGLING TO SAVE US FROM THIS SOCIAL CANCER? wins in each party convention shall be the field of choice of the people
Good men and women, including the churches, are helping and strug- within the respective parties. The choice therefore is limited, less con- gling to save us from social cancer but they could only do as much. fusing, very democratic, and credible. Whoever is chosen finally by the Broadcast and print media are a lot of help too. people among the three or four standard bearers is apparently the one Some are aware of our predicament but they are confined to the con- mandated by the majority. More than this, the ideology preferred by the veniences of their home and offices. people will be known. The losers will know that their ideology is not Many civic leaders and businessmen are also confined to the comforts as strong as they believe, or perhaps, they will know that they are only of the function rooms and hotels where they stay for hours discussing strong and supported in a particular region, province or municipality. merely the flow of events. Let political parties be categorized on the basis of the three (3) or four Some are fighting it out with their best efforts and with their hard- (4) principal philosophies and principles that represent their true inter- earned money but they are outnumbered by the evil doers and the est. Each party, after all, is ably represented by the brilliant and honest corrupt who are growing in large numbers. minds within the party. By then, we will know the people’s preference. What then shall we do in the face of all these realities? It will be easier to identify themselves within an organized interest Shall we accede to what others say: ―Mahirap ng baguhin. Sumayaw which they know so well, instead of identifying themselves with per- na lang tayo sa tugtog.‖ sonalities they do not even know. There may not be overnight solutions Definitely not. It is the easiest way to kill this nation. but the problems affecting the people, particularly the poor and the less It is an insult to the intelligence and idealism of thousands of young privileged, will be addressed promptly. men and women of this Republic who are the very ones who will The ordinary people in the streets and even students, employees, wage carry on whatever we choose to leave them. earners, teachers, professionals and especially our brothers and sisters There are still a lot that could be done but the time to act is now. in the depressed areas, have been asking: ―Pahirap na ng pahirap ang Good leaders should leave the comfort of their homes. aming buhay. Wala na bang pagbabago ang sistema ng ating kabuhayan Their talent and skill should be shared with people outside of their at halalan? Puro halalan, puro pangako, wala ring pagbabago. Lumala homes. pa lalo ang korapsyon, dayaan at nakawan sa gobyerno. Hirap na hirap Their goodness should be left. napo kami. Isang beses na lang po kami kumakain. Mabuti kung maka- The values and the virtues which they believe should be our best lega- kain pa ng dalawang beses.‖ cies to our successors, should be taught. This is a challenge to all of us, particularly to the leaders of this nation They should be part and parcel of a massive education process. who are expected to respond promptly to the social ills that are killing Spiritual values should start from the cradle. us. Good and honest sons and daughters of God should not merely live and fade away.
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G.R. No. 17110 November 22, 2011 HACIENDA LUISITA, INCORPORATED, Petitioner, LUISITA INDUSTRIAL PARK CORPORATION and RIZAL COMMERCIAL L A N D M A R K BANKING CORPORATION, Petitioners-in-Intervention, vs. PRESIDENTIAL AGRARIAN REFORM COUNCIL; SECRETARY NASSER After the conversion, HLI transferred the 300 hectares to Centennary Holdings, PANGANDAMAN OF THE DEPARTMENT OF AGRARIAN REFORM; Inc. (Centennary), while ceding the remaining 200-hectare portion to Luisita ALYANSA NG MGA MANGGAGAWANG BUKID NG HACIENDA LUISITA, Realty Corporation (LRC). Subsequently, Luisita Industrial Park Corporation RENE GALANG, NOEL MALLARI, and JULIO SUNIGA and his SUPERVI- (LIPCO) purchased the entire three hundred (300) hectares from Centennary for SORY GROUP OF THE HACIENDA LUISITA, INC. and WINDSOR ANDAYA, the purpose of developing the land into an industrial complex. Accordingly, a Respondents. new TCT was issued in LIPCO’s name. The said land was then subdivided into two. Later on, LIPCO transferred about 184 hectares to RCBC by way of dacion FACTS: en pago, and TCTs in the name of RCBC were subsequently issued. The Hacienda Luisita, originally owned by Compania General de Tabacos de Fili- Apart from the 500 hectares, another 80.51 hectares were later detached from the pinas (Tabacalera), is a 6,443 hectare parcel of land. The Spanish owners of Taba- area coverage of Hacienda Luisita, which were acquired by the government as calera sold the Hacienda and its sugar mill, Central Azucarera de Tarlac to Tarlac part of the Subic-Clark-Tarlac Expressway (SCTEX) complex. Thus, 4,335.75 Development Corporation (Tadeco), owned and controlled by Jose Cojuangco, Sr. hectares remained of the original 4,915 hectares Tadeco ceded to HLI. Group. In the latter part of 2003, two separate petitions were filed against HLI: first, by The government facilitated the transaction and assisted Tadeco in raising the neces- the Supervisory Group of HLI (Supervisory Group), praying for the revocation of sary funds on the condition that the Hacienda Luisita lots shall be subdivided and the SDOA, and second, by Alyansa ng mga Manggagawang Bukid ng Hacienda sold at cost to the tenants whenever conditions should exist warranting such action Luisita (AMBALA), praying for the renegotiation of SDOA, or in alternative, its under the provisions of the Land Tenure Act.‖ Tadeco failed to comply with the revocation. condition. The DAR then constituted a Special Task Force (STF) to attend to issues relating On 1980, the martial law administration filed against Tadeco, et al., to surrender to the SDP of HLI. After investigation and evaluation, the STF found that HLI the Hacienda to the then Ministry of Agrarian Reform (MAR) so that the land can has not complied with its obligations under R.A. 6657 despite the implementa- be distributed to farmers at cost. Tadeco, however, alleged that the Hacienda does tion of the SDP. not have tenants. On December 22, 2005, the PARC issued Resolution No. 2005-32-01, recalling/ Regional Trial Court rendered judgment in favor of the MAR. Therefrom, Tadeco revoking the SDO plan of Tadeco/HLI. Furthermore, it resolved that the subject elevated the case to the Court of Appeals (CA). lands be placed under the compulsory coverage or mandated land acquisition Meanwhile, Corazon Aquino became the President. During her tenure, she issued scheme of the CARP. Proclamation No. 131, which a comprehensive agrarian reform program (CARP) HLI sought reconsideration. Its motion notwithstanding, HLI also filed a petition to cover all agricultural lands, and EO No. 229, which created the Presidential before the Supreme Court in light of what it considers as the DAR’s hasty plac- Agrarian Reform Council (PARC) tasked with the formulation of all policies, rules ing of Hacienda Luisita under CARP even before PARC could rule or even read and regulations necessary for the implementation of CARP. Later, R.A. No. 6657, the motion for reconsideration. otherwise known as the Comprehensive Agrarian Reform Law (CARL), took ef- On May 3, 2006, PARC, in its Resolution No. 2006-34-01, eventually denied fect. HLI’s motion for reconsideration. Thereafter, the OSG moved to withdraw the case. The CA dismissed the case, sub- The Supreme Court subsequently issued a temporary restraining order enjoining ject the PARC’s approval and the implementation of the proposed stock distribu- the implementation of PARC’s Resolution No. 2005-32-01. (The aformentioned tion plan (SDP) of Tadeco. facts were lifted from the July 5, 2011 Decision) Tadeco organized a spin-off corporation, Hacienda Luisita, Inc. (HLI), on 1988, On July 5, 2011, the Supreme Court (SC) denied the petition filed by HLI and af- as a vehicle to facilitate stock acquisition by the farmworkers. It assigned and firmed PARC Resolution Nos. 2005-32-01 and 2006-34-01 with modification that conveyed to HLI the agricultural land portion and other farm-related properties of the original 6,296 qualified FWBs of Hacienda Luisita shall have the option to Hacienda Luisita in exchange for HLI shares of stock. remain as stockholders of HLI. It ordered the DAR immediately schedule meet- On May 9, 1989, some 93% of the then farmworker-beneficiaries (FWBs) signified ings with the said 6,296 FWBs and explain to them the effects, consequences their acceptance of the proposed HLI’s Stock Distribution Option Plan (SDOP). and legal or practical implications of their choice, after which the FWBs will be On May 11, 1989, the Stock Distribution Option Agreement (SDOA), styled as asked to manifest, in secret voting, their choices in the ballot, signing their signa- a Memorandum of Agreement (MOA), was entered into by Tadeco, HLI, and the tures or placing their thumbmarks, as the case may be, over their printed names. 5,848 qualified FWBs, and attested to by the DAR Secretary. The SDOA embodied Thereafter, the HLI, PARC, DAR, AMBALA, FARM, and the Supervisory the basis and mechanics of the SDP, and it was eventually approved by PARC. Group filed their respective motions for reconsideration. Under the SDOA, part of the distribution plan includes: (a) production-sharing equivalent to three percent (3%) of gross sales from the production payable to the ISSUES: FWBs in cash dividends or incentive bonus; and (b) distribution of free home lots 1. Whether or not the operative fact doctrine is applicable in the present case; of not more than 240 square meters each to family-beneficiaries. 2. Whether or not Sec. 31 of R.A. 6657 is unconstitutional; The DAR conducted a referendum among the farmworkers. 5,117 out of the 5,315 3. Whether the not coverage of compulsory acquisition should be limited to the FWBs opted to receive shares in HLI. As a result, the PARC approved HLI’s SDP 4,715.75 hectares of agricultural land, and not the 6,443 hectares allegedly cov- on November 21, 1989. ered by R.A. 6657 previously held by Tadeco; On August 15, 1995, HLI filed an application for the conversion of 500 hectares of 4. Whether or not for the purpose of determining the just compensation, the tak- the Hacienda from agricultural to industrial use pursuant to Sec. 65 of R.A. 6657. ing should be reckoned from November 21, 1989; Subject to payment of 3% of the gross selling price to FWBs and to HLI’s contin- 5. Whether or not the 10-year prohibition period on the transfer of awarded lands ued compliance under SDP, the DAR approved the application. under R.A. 6657 lapsed on May 10, 1999, and qualified FWBs should already be allowed to sell the lands with respect to their land interests to third parties regard- less of whether they have fully paid for the lands or not; 6. Whether or not improving the economic status of the FWBs is among the legal obligations of HLI under the SDP and is an imperative imposition by R.A. 6657 and DAO 10; and 7. Whether or not the option to remain in HLI granted to the individual FWBs, in accordance with the July 5, 2011 Decision, have to be recalled and revoked.
24 LEGAL
coverage ordinarily issued under compulsory acquisition. Further, any doubt should be resolved in favor of the FWBs. by Marian C. Tepora 5. The 10-year prohibition period on the transfer of awarded lands under R.A. 6657 C A S E did not lapse on May 10, 1999 and the qualified FWBs should not yet be allowed to sell their land with respect to their land interests to third parties. Without a doubt, under R.A. 6657 and DAO 1, the awarded lands may only be RULING: transferred or conveyed after ten (10) years from the issuance and registration of the 1. The operative fact doctrine is applicable in the present case. emancipation patent (EP) or certificate of land ownership award (CLOA). Consider- The operative fact doctrine squarely applies to executive acts––in this case, the ing that the EPs or CLOAs have not yet been issued to the qualified FWBs in the approval by PARC of the HLI proposal for stock distribution. instant case, the 10-year prohibitive period has not even started. Significantly, the The doctrine is not confined to statutes and rules and regulations issued by the reckoning point is the issuance of the EP or CLOA, and not the placing of the agri- executive department that are accorded the same status as that of a statute or those cultural lands under CARP coverage. which are quasi-legislative in nature. Moreover, if the qualified FWBs should be immediately allowed the option to sell or The term ―executive act‖ is broad enough to encompass decisions of administra- convey the agricultural lands in Hacienda Luisita, then all efforts at agrarian reform tive bodies and agencies under the executive department which are subsequently would be rendered nugatory, since, at the end of the day, these lands will just be revoked by the agency in question or nullified by the Court. transferred to persons not entitled to land distribution under CARP. Significantly, a decision made by the President or the administrative agencies has 6. Improving the economic status of the FWBs is not among the legal obligations of to be complied with because it has the force and effect of law, springing from the HLI under SDP. powers of the President under the Constitution and existing laws. Prior to the nul- Nowhere in the SDP, R.A. 6657 and DAO 10 can it be inferred that improving the lification or recall of said decision, it may have produced acts and consequences economic status of the FWBs is among the legal obligations of HLI under the SDP or in conformity to and in reliance of said decision, which must be respected. It is on is an imperative imposition by R.A. 6657 and DAO 10, a violation of which would this score that the operative fact doctrine should be applied to acts and conse- justify discarding the stock distribution option. quences that resulted from the implementation of the PARC Resolution approving However, the SC still affirmed the revocation PARC of its approval of the SDP based the SDP of HLI. on the following grounds: (1) failure of HLI to fully comply with its undertaking to It bears stressing that the application of the operative fact doctrine by the Court distribute homelots to the FWBs under the SDP; (2) distribution of shares of stock to in its July 5, 2011 Decision is favorable to the FWBs because not only were the the FWBs based on the number of ―man days‖ or ―number of days worked‖ by the FWBs allowed to retain the benefits and homelots they received under the stock FWB in a year’s time; and (3) 30-year timeframe for the implementation or distribu- distribution scheme, they were also given the option to choose for themselves tion of the shares of stock to the FWBs. whether they want to remain as stockholders of HLI or not. 7. The option to remain in HLI granted to individual FWBs have to be recalled and 2. Sec. 31 of R.A. 6657 is constitutional. revoked. The SC maintained that it is not compelled to rule on the constitutionality of Sec. Upon review of the facts and circumstances, the SC realized that FWBs will never 31 of RA 6657. In its July 5, 2011 Decision, it also made no ruling in favor of the have control over the agricultural lands for as long as they remain as stockhold- constitutionality of Sec. 31 of RA 6657 for while there is indeed an actual case ers. Due this, it reconsidered its previous ruling that the qualified FWBs should be or controversy, it took the intervenor FARM eighteen years to challenge it. The given option to remain as stockholders of HLI, inasmuch as these qualified FWBs second requirement that the constitutional question should be raised at the earliest will never gain control given the present proportion of shareholdings in HLI. The possible opportunity is clearly wanting. In addition, the lis mota aspect is not pres- share of the farmer-beneficiaries in HLI capital stock is only 33.296%, thus, even if ent, the constitutional issue tendered is not critical to the resolution of the case. they unanimously vote to remain as HLI stockholders, which is unlikely, control will Moreover, the issue has become moot and academic since Sec. 5 of R.A. 9700 never be placed in their hands. Control, of course, means the majority of 50% plus at amended Sec. 7 of R.A. 6657, which superseded the stock distribution component least one share of the common shares and other voting shares. of Sec. 31 of R.A. 6657. Moreover, bearing in mind that with the revocation of the approval of the SDP, HLI 3. The DAR’s compulsory acquisition coverage is limited to the 4,715.75 hectares will no longer be operating under SDP and will only be treated as an ordinary private of agricultural land. corporation; the FWBs who remain as stockholders of HLI will be treated as ordinary Since what is put in issue is the propriety of the revocation of the SDP, which only stockholders and will no longer be under the protective mantle of R.A. 6657. involves 4,915.75 hectares of agricultural land and not 6,443 hectares, then the SC In addition, in view of the operative fact doctrine, all the benefits and homelots is constrained to rule only as regards the 4,915.75 hectares of agricultural land. received by all the FWBs shall be respected with no obligation to refund or return The declaration of the area to be awarded to each FWB is too restrictive con- them. sidering there are roads, irrigation canals and other portions of the land that are considered commonly-owned by farmworkers, and this may necessarily result in the decrease of the area size that may be awarded to FWB. As a result, the SC has given the DAR a leeway in adjusting the area to be awarded. The SC reiterated its ruling in its July 5, 2011 Decision that the 500-hectare lot subject of the August 14, 1996 Conversion Order and the 80.51-hectare SCTEX lot acquired by the government are excluded from compulsory coverage. But con- sidering that these should have been included in the compulsory coverage were it not for their conversion and valid transfers, it is only proper that the proceeds of the sale of these lots, less taxes and expenses relating to the transfer of titles to the transferees and the expenditures incurred by HLI and Centennary for legitimate corporate purposes, should be given to the qualified FWBs. In effect, the proceeds from the sale shall take the place of the lots, 4. For the purpose of determining just compensation, the taking should be reck- oned from November 21, 1989. The date of ―taking‖ is November 21, 1989, the date when PARC approved HLI’s SDP per PARC Resolution No. 89-12-2, in view of the fact that this is the time that the FWBs were considered to own and possess the agricultural lands in Hacienda Luisita. To be precise, these lands became subject of the agrarian reform coverage through the stock distribution scheme only upon the approval of the SDP, that is, November 21, 1989. Thus, such approval is akin to a notice of
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BAR CONTROVERSIES by Veronica G. Villadolid
Filipinos love controversies. If it is not in our country, it is not the Philippines. Controversies are found everywhere: from the Ex- ecutive Branch to the Legislative Branch and at present in the Judicial Branch of our government. Controversies do not escape the eyes of the Filipinos. Here are some controversies in the history of Bar Exams.
In the 1930s, a distant relative of Imelda Romualdez Marcos who was a Justice in the High Court resigned after a controversy in- volving the bar examinations. Justice Ramon Fernandez was forced to protect his name and honor when he resigned because of a bar examination scandal.On November 23, 1979, the High Court, per Justice Pacifico de Castro ordered new examinations in labor and social legislation and taxation.
On May 7, 1982, 12 of the Supreme Court’s fourteen (14) justices resigned amid the expose that the court fixed the bar examination score of a member’s son so that he would pass. Justice Vicente Ericta was accused to have personally approached the bar chairman to inquire whether his (Ericta’s) son passed the bar. Ferdinand Marcos accepted the resignations and appointed the new Justices. Chief Justice Enrique Fernando wept at a news conference as he accepted responsibility for rechecking and changing the exam score of Gustavo Ericta, son of Justice Vicente Ericta.
Associate Justice Fidel Purisima, chairman of the bar committee, did not disclose that he had a nephew who was taking the bar examination in that year. He was merely censured and his honoraria as bar examiner was forfeited.
On September 24, 2003, the Supreme Court, per a bleary-eyed Associate Justice Jose Vitug, annulled the tests results on mercantile law after the confirmation of what could be the most widespread case of cheating in the 104-year-old bar exams.
Now the Supreme Court is again in the limelight of controversy as the chief Justice himself is facing the trial of impeachment upon the grounds of Betrayal of Public Trust, Culpable Violation of the Constitution and Graft and Corruption.
Let us all pray that our would be lawyers will be true to their commitments in the pursuit of justice in our country today. Let us avoid and prevent controversies that destroys our values and integrity as Filipinos. Let us be part of positive controversies that will help change the countenance of judicial system that our countrymen will be proud of .It is also considered controversial for a lawyer to have the courage to say no such temptations,whereas his or her principle is at stake and being put to the test in the midst of the marvelous and fantastic enticements and allurements of this world.
Significant Political Events... from page 3
P-NOY, as he is fondly called by his constituents or the Filipino people, is now on the fast lane. He is trying to be his own man and to have his own identity. This can be seen by the latest political occurrences that transpired before the end of the year. It showed that he can be resolute and firm. He is on the verge of proving to the Filipino people that democracy in this country still works. Hopefully, in time, he can prove his detractors wrong if his latest acts will be beneficial and good to the country and to the people. He is trying to hit the ground running for the new year 2012, as can be perceived by the series of his calculated moves.
Many criticisms were thrown his way by his detractors. According to them, the Articles of Impeachment was hastily signed and submitted by the 188 congressmen, that there was railroading in producing it, that the pork barrel was dangled as a bait, and it lacked the proper verification. But these criticisms have only hardened the President’s resolve. The President is not budging from the causes and principles he values and from his objectives. He will be their knight in shining armor. When the time came for the people to elect a new leader, it was surprising when a simple guy whose only qualification is his relationship to his legendary and illustrious parents, was elected as President. This shows that Filipinos really wanted change and needed someone with the highest integrity and probity, disregarding competence and experience in the field of politics and economy. Here comes a simple and modest guy with simple achievements and laurels to show. What matters to the people is to have someone who can lead and rid the nation of corruption, and
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bring back dignity to the Filipinos.
That is why, despite criticisms, President P-Noy is determined on making good his promise. We know it’s hard to totally erase filth and corruption. It is already inherent in the system. But the President is bent on doing it, though hopefully he’s on the right track and the right tack.
A cursory look at last year’s political upheavals will set the tone for this year 2012. If he proves himself right in his decisions, this will be his defining moment and this will become the hallmark of his presidency. At the very most, that is so, because he has to tread the narrow and straight path since the people are closely monitoring his every move. It can’t be denied that public opinion will matter in this proceedings. President P-Noy should be careful in his decisions, considering that his popularity had already plunged 2 percent from the latest Pulse survey. Though it cannot be denied that at this time he still enjoys the people’s support . The bottom line will be the outcome of the Impeachment proceed- ings against CJ Corona. This will set the tone and pace for this country’s political and economic situation.
Sad to say that this system of corruption is apparently a disease, I wish the President luck in curing the ranks of the disease. If he can make the offenders accountable and responsible for their offenses, this will serve as a good precedent. Government officials will have second thoughts in betraying the people’s trust and will do their job without resorting to bribes. If ever the outcome becomes positive to our economic and political situation. Finally, it can be said that what this country needs is a credible leader whose integrity and probity is beyond cavil. What the country needs now are radical reforms. So it will rise from the very nadir of economic and political morass caused by ineptness and corruption. What we need is for the people to take cognizance of the current issues and be vigilant about these concerns.The people has to be involved.
The events that transpired last year, ended the year with a great resonance of political issues. The opinions and stances of lawmakers, legal pundits, lawyers, and ordinary citizens became divided.
At the very most, everyone is entitled to their own opinion. As in everyone is entitled to his or her own day in court. The most controversial issues were the arrest of GMA and the impeachment of Chief Justice Renato Corona. These are presently the hot topics in the coffeshops, parlors, barbershops, and other gatherings. But gossip as they may, the issue still rests now with the Senators who will try and decide the eight articles of Impeachment against CJ Corona. The President made ripples out of a still pond. And, this may turn out to be the test of his presidency and the measure of his performance in office. Although the Impeachment of a Chief Justice sends a chilling effect to the country today. These will be touching with the very delicate issue of the independence of the three branches of the government. If Corona will be convicted, he will be vindicated and he will prove his detractors wrong. But if the contrary happens, and he will be acquitted, this can be a perceived obstacle for President Aquino. And this might mean another strategy for the Presi- dent to design. But let’s give the President a chance to prove his worth. This can be his test. The people are expecting him to deliver on his promise. On the other hand, let’s give the Chief Justice the benefit of the doubt.
The President was catapulted to power based on his parents’ heroism and legacy. His mother is the icon of democracy while his father, the late Benigno Aquino, is the hero of our times. Now comes the son, chosen by the people to lead them out of the morass and nadir of oppression and poverty. And he got six years to prove his worth. Ultimately, we allow the trial proceedings to run its course, but at the end of the day the interests of the Filipino people will be at stake.
Let justice take its due course. As of now, it would be premature to draw any conclusions. Let the Senators do their jobs as the people’s representatives. But this will be with due regard to the best interest of the country and our people. Whether it’s a bar of public opinion, of public pulse, a partisan process, a political process or legalism, we leave it to the experts and the powers that be, to exact accountability. Lest we wake up one day only to find out that the rule of law in our country has become a thing of the past. Let us hope for the best and be vigilant. This year, we hit the ground running.
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Class Struggle: Coping with Stress Tips to Survive Law School by Rowena O. Pasaporte in Law School by Maricris V. Faderugao Studying in law school is very challenging. Passing every law subject is never an easy task. Some students who receives failing mark becomes frustrated and simply gives up. You have come to the right place if you are looking for a market- place of pervasive argumentation. This is a battleground with words Whether or not you are an ―A‖ student, a working, a full time as weapons and wits as defenses. Make no mistake; law school is or just an average student, you have to take your law studies seri- the best training ground to be the master of both written and spo- ously. A satisfactory, if not an excellent, academic performance is ken communication. It demands sharp thinking, snappy speaking, the measure in order to graduate after four or five years. detailed writing and being persuasive. By the time you stepped into a law school institution, you have Here are some tips on how to survive law school: made a pact to snob mediocrity. Law school is not a place where me- 1. Be always prepared. Never come to class unprepared and diocre thinkers go. You can never underestimate the time it demands without reading your assignments, otherwise, it would be sui- off you. More often than not, the study hours you need for a subject cide. Read it many times. Read all the assigned topics. When exceeds the hours you would spend at school. A 2-hour subject may you do, you will be able to recognize the legal terms, grasp their require reading of at least 3 hours for one topic alone. So do not be meaning, and eventually, memorize them. surprised if you wake up the next day with the claws of stress right 2. Manage your time. As a law student, you will be spending under your bed. Benjamin Sells, a psychotherapist says that ―law more time in reading commentaries and jurisprudence. Whether students are almost four times more likely than the general popula- you are a working student or not, time management is a must. tion to suffer depression and anxiety.‖ Set your priorities right. In doing so, you will be able accomplish Stress is a killer. It has the power to drain the taste of your food; it all your assignments and you will still have remaining time for makes you aggressive, hostile and impatient. some advance reading. In this way, it assures you of getting a The best way to fight it is to find balance and keep your everyday passing or a higher grade. Getting high or passing grade is like winning a battle. activities under control: 3. Don’t procrastinate. Do everything NOW. When you have books and cases to read, get into the habit of reading and study- 1. Do not equate your self-worth to your grades. If you got a low ing on time. Doing advance reading or studying is rewarding score on a test or had an unfortunate recitation, don’t sulk. Think of and energizing because you will not get nervous infront of your it as an opportunity to fill in the gaps of what you already understand professor during recitations. from what you don’t. 4. Research. Do some research in the internet or in the law 2. Get enough sleep. library regarding cases, topics, or any legal term that is hard to 3. Do not sweat the small stuff. Always concentrate on the essen- understand. tial matters. 5. Take down notes. Take good notes of the important top- 4. Laugh. It has been clinically proven that laughter reduces stress ics while the professor is discussing, especially those that they emphasized during class. Most likely, they would include this in and relieves tension. It is a great weapon against frustration, anger or their examination. Significant notes are essential – it would entail resentment. Watching comedy shows or listening to jokes from time less time to review your lessons. to time won’t hurt. 6. Have a Group Discussion. ―Two heads are better than one‖. 5. Do not agonize over examinations that are already finished. Share and discuss within a group the lessons and cases assigned. 6. Talk to people, mingle with friends, spend time with your fam- 7. Review lessons in advance. Try to review a week before the ily and do the things you love doing even before you entered law major examinations. That way, answering the questions would be school. If you have to steal the time, do it. easy and it would not blow your brain. 7. Practice patience. Set realistic goals and priorities. Do not 8. Rest. Take time to rest after long hours of studying, otherwise, demand too much from yourself. One step at a time. Sooner or later you will be stressed out to take the exams during the due date of you’ll get there. examinations. 9. Develop a positive attitude. A person who have a positive attitude most likely will have a strong determination to succeed Love what you do and you’ll never work a day in your life. We in life. They always see the brighter side of life. They will exert are all the same in that we want to be lawyers. But law school is just efforts to achieve results. Otherwise, chances are, he will never one part of our everyday life. It is important to balance recreation achieve anything. Do not give up just because things are getting and studying while we are in law school to maintain the enthusiasm. difficult. Give your best in every endeavor so that you will never There is nothing more common that someone who has come to hate regret anything in the end what he initially loved because it burned him out. 10. Last but not the least, PRAY. Ask guidance and help from God so that you will persevere and will surpass all trials and ―Pursue excellence, success will chase you.‖ - From the film, 3 hardships in your studies. ―Trust in the Lord with all your heart; Idiots. In all your ways acknowledge Him, and He shall direct your paths.‖ Proverbs 3:5-6
28 LITERARY
by Marian C. Tepora CONTENTED THE MERRY-GO-ROUND
It never crossed my mind for this world to see, Wooden horses suspended from the pole How alluring I am, wearing exquisite things, Superbly carved by adept master’s soul To acquire an island and raise my palace, Embellishment and stain caught attention With towers extending beyond the heavens, Impressive and delightful in every dimension
To own a condominium in Oslo, Norway, In this horse ballet I sat still Without armor Or to spend millions in Lisbon Island, I clutched the steel Anticipating the melody I longed to hear Waiting for the creeping Or travel inside an eleMMent palazzo, motion of the gear Or rest inside a royal gazebo, This musical ride started to spin To drive a Porsche, just for a show, Oh how I wish it would never end Or call my servants to clean my toe, The long-necked horses started to gallop To purchase a set of Black Astrum’s business cards, Swiftly and merrily, in an up down motion With my name flashing on diamond encrusted cards, In this circular platform of menagerie of steeds To take a luxury cruise traversing unfathomable seas, The seats for riders are already filled Or to travel the world which is beyond my reach. Looped carnival music sounded bewitched Memories created are just for a short end I never wanted them to look at me like queen Or to own a tiara, no, it was never my dream. All horses accelerating, galloping on tangential speed
Traversing the same road, inside this little ring So would you stop impressing me with your all fancies, Please keep it to yourself, your prodigious dreams. Where Duke and Duchess are enjoying the scene And Princess and the Prince are riding on their lead
SALVATION Words run out on the roof of my mouth Smile masks this mournful heart He gazed over the cave of shadows, Adoring the scene as the world unfold Feet abruptly, started to take leap, Devouring the time, this sensation withhold Finally dashed as fast as it could, The phantom snatched him, away from the sun. The tempo and horses started to change
Slowly they began acting strange Darkness enraptured his eyes, In this platform of menagerie of steeds Echoes of unknown fascinated his ears, UntiI the music die out I sat still Shrugged off the spider webs that passed his skin, Intoxicated in the freedom in this foreign sphere.
Grains of sand started to run
The light ultimately vanished in the dark In the middle of the unknown, air is running low, Deploring his volition, he took his final blow.
Flap of wings shattered the silence, Echoes of voices trembled with fear, Lead him away from this unwanted land, Loud and crisp, it reached his ears, Selflessly spreading their wings around, His vision clearer, overjoyed with tears. And never left him engulfed in the dark. They grabbed his hands and helped him stand,
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by Erik Ivans D.Ivans by Erik Soriano
30 ENTERTAINMENT
MOVIE REVIEWS by Mark M. Bañas
Lex Flicks
Just like most story lines, this one started with a conflict as Clyde’s (Gerard Butler) wife and daughter were brutally murdered right before his very eyes by two burglars who broke into his house. To ensure that at least one of the perpetrators gets the death sentence, Prosecutor Nick Rice (Jamie Foxx), having an unblemished record, cuts a plea bargaining with one of the malefactors to give a testimony against the other in exchange for a 5-year sentence.
Despite Clyde’s wish that justice be served, he felt betrayed when the plea bargain was done with- out his knowledge and as a result, one of the culprits was eventually released, barely serving for his crimes. After 10 years, Clyde decided to take justice in his own hands, and in order to exact vengeance, went on a killing rampage directed against the two killers of his wife and daughter, by diabolical assassination. Nick Rice was trying to stop the killings by playing with Clyde’s sociopath games.
Movie Peak Stand-Outs! – Lethal injection gone haywire, victim witnessing his death with the aid of numbing drug, and the judge’s assassination inside her quarters in front of the prosecution.
“A Time to Kill-1996”
Adopted from a John Grisham novel, this movie has a legal tone. Carl Lee Hailey (Sam- uel L. Jackson) took the law into his own hands by punishing the men who brutally raped and beaten his daughter, leaving her half alive.
Hailey, a black man, was so sure that judicial sympathy would not rule in his favor, as the perpetrators were white men, due to racism subsisting in the area. Despite local black leaders and national black groups’ persuasion to enlist a top grade legal help, he entrusted his case to Jake Brigance (Matthew McConaughey), a novice lawyer who has previously helped his brother. In view of the heavy racial undertone of the case and the death threats to his family, Jake sought the help from his old law professor and cooperated with a fiery liberal law student in order to achieve a favorable result.
Movie Peak Stand-Outs! – Jake Brigance’s closing arguments in front of the jury, is with- out a doubt, the highlight of the movie.
“The Lincoln Lawyer-2011”
15 years after the movie ―A Time to Kill‖, Matthew McConaughey played another lawyer role, but in a far different style. This time he brought to life one Mickey Haller, a Los An- geles criminal defense lawyer, who handles disreputable clienteles, like bikers, drug dealers and other criminals. So sleazy is his character that he does his job inside his car.
The trouble started when he was hired to defend a rich playboy brat, Louis Roulet (Ryan Phillippe), who was accused of rape and attempted murder of a prostitute. Thinking that Roulet was innocent of the crime, he accepted the case. Thereafter, he grew suspicious of Roulet’s real intent since massive pay-off was involved. Eventually, the case turned out into a deadly game of survival for Haller. The growing conflict against himself, his unorthodox and barely legal methods of conducting his undertakings, along with his perturb conscience, placed him on a cross road. His time and tested, streetwise and the usual double-crossing skills eventually got him out of the hole.
Movie Peak Stand-Outs! – The way it ended was a highlight: a double crosser meets the alpha double-crosser! 31
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