Film & Book Impeachment Reviews 7 10

Volume 1 Number 2 The Official Student Publication of the PLM College of Law February 2012 28 from PLM Law take 1st MCQ Bar Former Defense Secretary Gilberto “Gibo” Teodoro BY ROLLIE C. ANG answers queries from students coursed through PLM College of Law Dean Ernesto Maceda, Jr. Twenty-eight out of the 6,200 bar examinees who Photo by Mary Eileen F. Chinte took the first bar examinations that included Multiple Choice Questions (MCQ) at the University of Santo Tomas last November were graduates of the PLM College of Law. Of the 28 PLM examinees, 19 are first takers. For the first time in the history of the Philippine bar examinations, the qualifying exam for aspiring lawyers is composed of Multiple Choice Questions, and Trial Memorandum and Legal Opinion. Supreme Court Associate Justice Roberto Abad, chairman of the 2011 Committee on Bar Examinations, 28 from PLM/to page 2

MAKING A STATEMENT. Banners expressing support to Supreme Court Chief Justice Renato Corona adorn the facade of the SC Main Building in Manila. Corona is facing an impeachment case after allies of President Benigno Gibo gives perspectives “Noynoy” Aquino III in the House of Representatives transmitted the complaint to the Senate, which is now acting as the impeachment court. Photo by Rommel C. Lontayao on law, public service

BY SARITA G. ALVARADO many people in government “There is doing nothing and claimed underinvestment in public Former Defense otherwise. service in the government Secretary Gilberto “Gibo” “Based on my here, by government on Teodoro, Jr., lectured and experience in the continuing education of its answered queries regarding Department of National officers and contingents,” the country’s major Defense, there are people “Government, in my concerns on economic doing the jobs of four or five,” experience, is swamped productivity and peace he said. with dealing with day-to-day process as he discussed his As response to this or short-term horizon “Perspectives on Law and issue, he gave two proposed issues,”he said. Public Service” in the 6th solutions. “A function of Dean’s Lecture Series last “Because of national government is to provide a September 16 at the Bukod interest requirements in a horizon to the near, Tanging Bulwagan. developing country, we need medium, and long-term Having an extensive more people doing vital jobs; environments; to predict experience in government, or as an alternative, give what may happen, in order Teodoro outlined key issues the people now the tools to provide advice to our besetting the country which where you will not need political leaders as to which he thinks the government more people to do what they course of action it is should focus on. are doing,” he said. desirable for them to take,” He contested the Teodoro also cited he added. SC holds Mock Bar Exams perception that there are too the inadequate investment Teodoro emphasized on continuing education of the need for local BY MARK ERWIN C. CASTILLO me an opportunity to have a Nicholai Noel Lazaro, government officers and government capacity Aiming to establish taste of the new system in Nemuel Camarse and contingencies as a problem. Gibo/to page 2 the reasonable Multiple the bar examination,” Ferdinand Balgoa. They Choice Questions and legal Santos said. were randomly chosen by writing passing rate, the The other PLM law the Supreme Court from PLM: 6th best law school in Metro Supreme Court organized a students who took the exam among the 24 senior BY NOLIVER F. BARRIDO mock bar held at the were Jackylin Quibolen, students of PLM. The PLM College of Law (CL) ranked sixth among University of Santo Tomas Jordan Elizabeth Valberde, Mock Bar/to page 2 in Manila. law schools in Metro Manila based on cumulative bar Each law school from passing percentage from the years 2001 to 2010. around the country sent a The top five schools in the National Capital maximum of 20 students to Region are Ateneo de Manila University, San Beda participate in the mock bar. College, University of the Philippines, University of Santo Each student took one bar Tomas, and Arellano University. subject only. PLM also ranked eighth among all law schools Only six senior nationwide. students represented PLM CL Dean Ernesto P. Maceda, Jr. said he is proud in the said mock bar exam. of the college’s high and consistent performance despite Kathleen Santos, having the lowest tuition fee and being the youngest one of the examinees from law school among the top performers. the PLM College of Law, On May 15, 2009, the Board of Regents issued shared her experience of Board Resolution No. 3179 approving the Juris Doctor taking the mock bar. curriculum to replace the Bachelor of Laws curriculum “I took the trial and in January of 2010, Dean Maceda received the recognition and financial grant from the Commission memo and legal opinion part PLM Law students line up for a security check before entering the exami- on Higher Education for the impressive performance of during the mock bar. It was nation rooms during the Mock Bar examinations held at the University of the College. a good experience as it gave Santo Tomas last July. Photo by Mary Eileen F. Chinte 2 News VOLUME 1 NUMBER 2 / FEBRUARY 2012

Gibo/from page 1 PLM-CL bares enrolment, dropout figures building in an archipelagic country. BY JOANNA MARIZ B. MARIN PLM College of Law “Equally important to ENROLMENT FIGURES national government is local The first semester of School SY 2008-09, 2009-10, 2010-11, 2011-12 government capacity building. Year 2010-11 recorded the highest The Philippines is inherently Term Enrollees DO DU Dismissed number of enrollees in the past four difficult to govern for the simple years, data provided by PLM College School Year 2008-09, 1st sem 105 0 11 0 reason that we have more than of Law showed. 7,100 islands,” he said. School Year 2008-09, 2nd sem 84 0 0 2 During the said semester, “It is quite difficult for any School Year 2009-10, 1st sem 105 3 7 10 the College recorded 115 students enrolled in the curriculum. The national government to provide School Year 2009-10, 2nd sem 82 2 1 1 for the needs of each and every said semester also recorded the inhabitant; difficult also, since we School Year 2010-11, 1st sem 115 4 2 10 highest number of dropouts with 10 have a unitary system of School Year 2010-11, 2nd sem 105 0 11 0 students. government,” he said. School Year 2011-12, 1st sem 106 2 6 7 The first semester of School Year 2009-10 also recorded 10 “In a paradigm of a strong School Year 2011-12, 2nd sem 87 - - - country are strong local dropouts. This resulted to a record- DO - Drooped officially DU - Dropped unofficially governments which provide basic low 82 students enrolled in the services to include small scale following semester. 28 from PLM/from page 1 construction of necessary (afternoon); second Philippines confirmed An evaluation of the figures infrastructure,” Teodoro said. said that the high court Sunday (Nov. 13): Civil that examinees from a shows that during the first “However, because the approved the changes Law (morning) and rival fraternity were semester, the number of enrollees local government units now do not in the format of the Mercantile Law able to get the “tips” balloons. However, it eventually have the financial capacity to do exams “to address the (afternoon); third from a certain Jess decreases in the following these necessary things, they have problems caused by the Sunday (Nov. 20): Mundo, a member of semesters due to dismissals and to rely on the national essay-type exams.” Remedial Law, and Utopia Fraternity and drop-outs. government,” he added. Section 11, Legal Ethics and also one of the bar The dismissal of a great Teodoro calls for the Rule 138 of the Rules Forms (morning) and examinees. number of students can be government to make the formula of Court was amended Criminal Law However, attributed to the College's aim of for assistance more equitable. to conform to the (afternoon); and fourth Supreme Court maintaining the highest education According to him, not all local changes of schedule of Sunday (Nov. 27): Trial administrator and standards. governments are financially the exam and the Memorandum Spokesman Atty. incapable. inclusion of trial (morning) and Legal Midas Marquez said Mock Bar/from page 1 “If you have the capacity, memorandum and Opinion (afternoon). that loose talks on the legal opinion. Leakage bar tips circulate every The Mock Bar is divided into you have less national four sets of exams which correspond government assistance, but you The new According to year. schedule are as reports, a leakage that He also said to the actual subjects in the four have more powers to do things on Sundays of the bar, namely: your own without national follows: first Sunday contains actual that the leakage was (Nov. 6): Political and questions of the bar just a plain rumor and Political Law, Labor and Social government pre-approvals,” he Legislation Law and Taxation Law said, explaining a trade-off system International Law, and exam had circulated. it remains unsubs- Labor and Social A bar tantiated and without (set one), Civil Law and Commercial in local governments. Law (set two), Remedial Law, Legal Teodoro also gave Legislation (morning) examinee from the basis. and Taxation University of the 28 from PLM/to page 3 Ethics and Criminal Law (set three) concrete reasons why being an and lastly, Legal Opinion and Trial archipelagic country is Memorandum (set four). disadvantageous. The Mock Bar was Citing agriculture as an College’s office renovated conducted by the Supreme Court as example, Teodoro said that other part of the preparations for the 2011 Southeast Asian countries have BY RICKEE GERALD D. BRIEVA College’s professors. The Rotary also donated Bar Examination. a natural competitive advantage It is the first time in for growing crops. With new furnitures and computers, conference table, supplies, the PLM College of Law’s refrigerator, and chairs for the said Philippine bar exams history to “Our Southeast Asian depart from the traditional essay- neighbors’ land-to-water ratios office finally gets a make-over. faculty lounge. The renovation of the CL Melvin Mayoyo, one of the CL type and include Multiple Choice are much, much more than ours,” Questions for the exams. he said. office, which was started last June office staff, said that the newly “They have a natural 16, 2011 and was finished two renovated office provided them with irrigation system so they have a weeks after, was funded by the more convenience, security, and natural competitive advantage. Rotary International District 3810 efficiency in the performance of We can afford an irrigation and the PLM administration. their work. system, naturally, but the scale The idea of renovating the “The previous structure of and the size of the fields to be office came from Dean Ernesto P. our office is prone to theft and irrigated is not as big in size as Maceda, Jr. during the opening of privacy issues. It was also less those in other countries,” he the new faculty lounge sponsored by presentable as compared to our added. the same Rotary District, headed by office now. The new office is He said that power its current governor, Atty. Tranquil complete with new supplies and generation is also a problem for Salvador III, who is also one of the furniture,” Mayoyo said. an archipelagic country due to transmission losses. peace process is that the PNP Crime Lab hosts lecture forum for seniors “If you have archipelago, government sits on the table with BY LEONARD CZAR M. JAYME you can't afford to place a power two principal groups-present is the The senior Dactyloscopy (formerly plant on every island, you have to MILF, and the CPP-NPA-NDF,” he The Philippine students, together with known as Fingerprint put transmission lines, and line said. National Police (PNP) their professor, Fiscal division); Chemistry Crime Laboratory hosted Jaime Santiago, attended division (for losses naturally occur; “But the solution, a three-hour lecture the said forum at Camp investigations involving contributing, also, to the fact that ultimately, has to come from the forum for the PLM Law Crame on September 22, alcohol, poison or any we are an oil importing country. people of Mindanao, who have to Fourth Year 2011. toxic material in the Therefore, our cost of power is live there daily in making their Criminalistics class. The forum focused body, and chemical quite high,” Teodoro said. communities more peaceful and Among the speakers on the PNP's conduct contents of bombs); Gibo’s take on the Peace Process more prosperous,” he added. are Police Senior Supt. whenever assigned in a Polygraph division; DNA Setting aside his Teodoro stated the role of Liza M. Sabong, Deputy criminal investigation. division; Physical discussion on economic the government in peace building. Director for The PNP Crime Evidence Identification productivity, Teodoro proceeded to “What the national Administration of the Laboratory is under the Division; Questioned discuss the aspects of the peace government should be is to be a PNP Crime Laboratory; Operational Support Unit Documents Division. process, linking it to the progress conduit for reason and peaceful and Police Chief Supt. under the Chief of Criminalistics is an Lorlie Nilo Arroyo, Directional Staff. It is Elective subject in PLM of a country. dialogue, for national infrastructure Director of PNP Crime divided into six Law under the LlB “The common belief in the Gibo/to page 3 Laboratory. subdivisions, namely: Curriculum. VOLUME 1 NUMBER 2 / FEBRUARY 2012 News 3 From MCQ back to essay-type Bar exam questions? S.Y. 2012-2013 College of Law Student Council President: Karen Rodrigo Vice President: Frederick Barillo SC mulls reverting to old format Secretary: Maureen Alfreda Balotro BY JOANNA MARIZ B. MARIN It is further affirmed by Bar Matter Treasurer: Ares Victor Aguilar 2265 that through multiple choice College Representative: Maria Lourdes Guillen A proposed resolution to questions, the candidates' capacity revert to the essay type of Bar to recall and comprehension of the examinations questions this year provisions and principles of laws will is now being deliberated in the be assessed. Supreme Court. Deans Andy Bautista and There is also a proposal to Raul Pangalangan found this a bold revert to the old schedule of the step by the Judiciary. They see this exams (from November to change as an accord with the trend September) and the possibility of in the global legal practice. holding it simultaneously in The 2011 Bar Exam format different parts of the country. was patterned after the New York In 2011, through Bar Bar, 60 percent of the exam is Matters 1161 and 2265, the Bar composed of multiple choice Exams format was changed from questions while 40 percent is for the A freshman law student exercises her right to vote during the 2012 PLM SSC-CSC essay-type questions to multiple essay-type (Legal Writing and Elections held on February 24 at the University Activity Center. choice. The examination dates Forms). were also moved from September to “It is actually more 28 from PLM/from page 2 CL cites faculty members’ feat November to avoid the outpour of comprehensive than the usual In 2003, the bar rain that could possibly affect the essay-type. All the concepts involved exam was also stained BY JOANNA MARIZ B. MARIN holding of the exams. It was also the in testing one's legal knowledge in with controversy due to first time that the University of the essay exam are necessarily alleged leakage in The PLM College of Law has in its Santo Tomas hosted the qualifying covered in the latest format.” a bar Mercantile Law. roster of faculty some of the finest law exams for aspiring lawyers. examinee told the Gazette. Send-off Mass practitioners in the land. In 2011, some of As stated in Bar Matter 1161 With the final exam results A mass was held these faculty members added feathers to their promulgated on June 2011, the still to be determined and the on October 22, 2011 to cap and the College has recognized the pride Supreme Court said that the positive feedback that this year's pray for the guidance of that they have been giving. implementation of the new format examination has received, the 2011 PLM barristers. In October, Atty. Gregorio M. Velasquez is to be effective for two to five years. proposed resolution is still pending. This was followed who has taught Tax and Labor subjects in the by a program organized College, has recently been appointed as a by the College of Law judge in the Regional Trial Court in Calamba, Student Council. Laguna. During said Judge Oscar C. Herrera Jr. was program, Dean Ernesto appointed in April 2011 by President Benigno Maceda and Associate C. Aquino III as a new justice of the anti-graft Dean Marisol Anenias court Sandiganbayan. Prior to being a justice, gave their words of he has also served as a judge in a Regional encouragement to the Trial Court in Bulacan. CL cites/to page 6 examinees. The Bar Operations was chaired Legarda lectures on by Mianol Macam-Favia, court decisions on marriage a second year student and the Vice President of the in PHILJA roundtable College of Law Student BY JONALYN V. MARAÑA held on November 23, Council. 2011 at M.K. Tan Thanksgiving Aiming to Auditorium, Bayani-han To celebrate the analyze Court decisions Ceneter, UNILAB, Pasig end of this year’s Bar on marriage and to City. Exam, a thanksgiving discuss its effect on the Along with party was held at Casa children and on the students from other law Manila in Intramuros. properties obtained schools, 14 students from the PLM College of The PLM bar during the marriage, a PLM Regent Jesus Trinos, Jr. hands former Defense Secretary Gilberto “Gibo” Teodoro a roundtable discussion Law attended the said candidates attended the plaque of appreciation when the latter graced the 6th Dean’s Lecture Series. PLM Col- entitled “Revisiting the forum with Atty. Katrina Thanksgiving, together Decisions of the Court Legarda, a PLM College lege of Law Dean Ernesto Maceda, Jr. and Associate Dean Marisol Anenias looks on. with other PLM law on Marriage” organized of Law professor and Photo by Mary Eileen F. Chinte students and faculty by Philippine Judicial PHILJA professorial Gibo/from page 2 an important perspective on public members. Academy (PHILJA) was Legarda/to page 6 development and assistance in service-that it does not come for free. rehabilitating the communities, and You want quality, you have to spend most importantly, disarmament and for quality,” he said. prevention of armed conflict and Teodoro is the bar topnotcher violence,” he said. of the 1989 Bar Examinations. At the “The solution would take a long UP College of Law, he was a recipient time,” he said. “Local and national of the Dean’s medal of excellence. He capacity building is the solution in holds a Master of Laws Degree from order to transform the character of the Harvard Law School and is a member conflict from an armed conflict into a of the New York State Bar. legal and legitimate conflict settled Teodoro served as the elected through the agencies of the state,” he Kabataang Barangay President in Tarlac added. when he was sixteen years old. As a conclusion, Teodoro said Subsequently, he became a that in order to attract public and member of the Tarlac Sangguniang private investments, the Philippines Panlalawigan. must have an impression and a He was also a House reputation of a legally sound country. Representative for the First District of “We have to institute a system. Tarlac. He served as the Chairman of We must have a government structure National Disaster Coordinating that produces efficiency, that promotes Council, while serving as a Defense the morale of those working in Secretary. He was the administration government and gives them the dignity party’s standard bearer in the 2010 Members of the PLM Law Gazette School Year 2011-12 that they deserve, and we must change presidential elections. 4 Opinion VOLUME 1 NUMBER 2 / FEBRUARY 2012

EDITORIAL On Flunking Public Expectations Public office entails inevitable duties and high expectations, a cabinet member must know by heart. It is like a curse that causes the shrinking of one's right to privacy. An officer's movements and words are always under public surveillance and scrutiny. Oftentimes, the media exposure and gravity of public criticism depend on a public officer's rank. To those appointed official, the nearer their positions to the appointing authority, the closer they are to the public eye. So when of late his critics in the media found him doing something illegal, immoral and unethical (purchasing pirated pieces of DVD) we can only expect Secretary Llamas to hit the headlines- again. The above was recently illustrated when President Aquino's political adviser, Mr. Ronald Llamas, was spotted buying worth P2000 pirated DVDs in a Quezon City mall by "Bandera" associate editor, Dona Policar. The day after, the news spread all-over broadsheets and other media. Llamas patronizing piracy was among the Philippine top stories trending along with the controversial impeachment trial and other national issues. Malacañang had exonerated Llamas. PNoy even refused to accept his resignation. And all he got was a letter from Executive Secretary Paquito Ochoa Jr. that formally admonished his conduct. To quote, "you should, in the future, observe a higher degree of circumspection and discretion even Other Matters that the Aquino with regard to your private, non-official conduct." The piracy scandal wasn't Llamas' first time in hot spot. In October 2011 or barely three months ago, the public Administration has to Address discovered that he owned an AK-47 - a high powered gun - Everybody is following when his two bodyguards named John Alarcon and Joey the impeachment trial of Chief Tecson were hooked up in a vehicular accident in Quezon Justice Renato Corona so intently City. This happened when Llamas was attending an that other issues of national Penchant international conference in Switzerland. It turned out though significance are left unattended that the AK-47 was a licensed firearm. However, the license behind the scene. does not extend to carry the gun outside his residence. This Just few days after CJ stance caused the revocation of Llamas' firearm license and Corona was impeached in the MARY EILEEN F. CHINTE the ire of the public as well. Significantly, the criticism didn't Lower House, a deluge struck the in preserving our environment focus on the erring personnel but to their boss and it extended Southern Philippines causing prohibit logging in endangered more than 1,500 deaths. Sendong and stepping up reforestation. to the chief of their boss - the President. forests and watershed areas." brought about unimaginable He also said, "For years the The DVD and firearm incident have something in Thus, laws were passed to rainfall that washed out parts of department of environment and strengthen this constitutional common - the acts are not per se sanctioned by law. Our laws the cities of Iligan and Cagayan natural resources has failed to go policy. P.D. No. 54 which was against piracy extend to manufacturers, distributors and de Oro. The rushing water and after the illegal loggers operating enacted on November 16, 1972 sellers, and not to mere buyers. Conversely, owning a licensed logs from the mountains slew in many parts of the country." provides, "Philippine forest firearm is legal as well. However, these matters are insufficient thousands of lives, leaving Meanwhile, Former Vice reserves, being among the most justifications. survivors homeless and without President Noli De Castro vital sources of logging and As a close officer to the president or an alter ego such means of livelihood. And with the emphasized that the country had related industries connected as a political adviser, Llamas must be cautious in both his magnitude of devastation, years still not learned the lessons from with the local and international public and private affairs and transactions. He need not be are needed before victims can landslides and flooding in 1991 economic life of the nation, must reminded twice about the degree of prudence required by his fully recover from the nightmares on the island of Leyte which left be protected not only by the duly office. His being a "suki" or regular consumer of pirated DVDs of Sendong. thousands dead. constituted authorities but by is a slap on our local movie and music industries. He is directly Illegal logging was said Notably, we have more every citizen from being under the President, the same Chief Executive who had to be among the root causes of the than 270 protected regions that indiscriminately denuded or appointed Ronnie Ricketts in the Optical Media Board to carve deluge. Thus, local officials were cover more or less 2.7 million destroyed; to the detriment of the out piracy in the country. And here comes Llamas patronizing questioned on how they hectares of forest conservation present and coming piracy in public. That is nothing but a depressingly absurd implement our laws on it. The areas as of year 2008. Logging generations." Meanwhile the conduct that tends to erode public confidence not just on him, new officer-in-charge of ARMM was even banned for old forest Chainsaw Act of 2002 or R.A. trees and on steeply sloping but greatly on the entire executive department as well. even ordered the dismissal of the No. 9175 says, "It is the policy natural resources officer for being areas yet deforestation remains of the State consistent with the "unaware" of the illegal logging a serious problem. And in Constitution, to conserve, in his jurisdiction. Other January 2011, President Benigno develop and protect the forest responsible officers may be next Aquino III proposed a total log resources under sustainable in line. However, no matter how ban to address the damage management. Toward this end, many officials may be kicked out caused by continues rains in the State shall pursue an Sorsogon, Albay and Camarines MARY EILEEN F. CHINTE Editor in Chief I ROMMEL C. LONTAYAO Associate from office, truth remains that aggressive forest protection Editor I LEONARD CZAR M. JAYME News Editor I SARITA G. ALVARADO damage has been done and it Sur. program geared towards Features Editor I JAN VINCENT S. SOLIVEN Law Updates Editor would sting for a very long time. No less than the eliminating illegal logging and Even before Sendong Constitution states, "The other forms of forest destruction ROLLIE C. ANG, LIZ D. BALLESTEROS, ROBAREX NAMSEL V. BARRERAS, Congress shall, as soon as NOLIVER F. BARRIDO, RICKEE GERALD D. BRIEVA, MARK ERWIN C. came in, illegal logging has been which are being facilitated with CASTILLO, ARFINE T. INGUSAN, NICHOLAI B. LAZARO, JONALYN V. a major government concern. In possible, determine, by law, the the use of chain saws." These MARAÑA, JOANNA MARIZ B. MARIN, MAYULO L. PIELAGO JR., MARIA 2004, landslides and flashfloods specific limits of forest lands and laws are supposedly the PATRICIA F. REBAÑO, MICHELLE EIN B. RECTO, ANNA KRISTINA B. befell the province of Infanta, national parks, marking clearly safeguards of our environment SANDOVAL, KATHLEEN MAE C. SANTOS Writers Quezon. Former Senator Richard their boundaries on the ground. and are not mere useless NEMUEL R. CAMARSE Cartoonist I ROMMEL C. LONTAYAO (News/Opinion) Gordon blamed illegal logging Thereafter, such forest lands literatures. Sadly, these will MARY EILEEN F. CHINTE (Impeachment/Legal Updates), JOANNA MARIZ B. and ordered immediate and national parks shall be remain as such unless leaders MARIN (Features) Layout Artists I ANN MARGARRETE C. LAPUZ investigation. Further, he said conserved and may not be will do aggressive campaigns Photojournalist that the series of landslides and increased nor diminished, and fight against illegal logging The PLM Law Gazette is the official student publication of the College of Law of the flashfloods that hit several parts except by law. The Congress in their respective jurisdictions. Pamantasan ng Lungsod ng Maynila. For comments, suggestions, or inquiries, you may of the country should serve as a shall provide for such period as The deluge brought by e-mail us at plmlawgazette@ yahoo.com or add us at Facebook. wake-up call for us to join hands it may determine, measures to Cont. to next page VOLUME 1 NUMBER 2 / FEBRUARY 2012 Opinion 5 Sendong is not far from reoccurring. Most of the time, Mother Nature strikes back Bending the Rule of Law is still ‘Daang Matuwid?’ twice the damage we caused “No man in this country undoubtedly is considered a her. That is sure to happen is so high that he is above the law. primary culprit in those charges, anytime soon. And as illegal No officer of the law may set that was arrested following the logging worsens, its effects will law at defiance with impunity. All filing of an electoral sabotage Legal Ground become greater and even more the officers of the government from case by the Commission on horrifying than Sendong's. the highest to the lowest, are Elections (Comelec). Prior to the LGUs are expected to have creatures of the law, and are bound filing of the complaint against firsthand knowledge of the to obey it.” (United States v. Lee, Arroyo, the Department of ROMMEL C. LONTAYAO anomalies within their 106 U.S. 261, [1882]) Justice (DOJ) prevented her jurisdiction. Thus, our leaders When Benigno attempt to leave the country to different because it involves of the Philippines v. Comelec, G.R. - especially those in the LGUs “Noynoy” Aquino III—son of a seek medical treatment abroad. greater public interest is flawed. Nos. 176951,177499, & 178056, - should do more than crying couple who are considered in Immigration officials, upon Should we allow public officials June 28, 2011) “If the Government for help on televisions and this country as heroes of orders from the DOJ, defied the to bend the rule of law becomes a lawbreaker, it breeds distributing relief goods to the democracy—was elected Supreme Court’s temporary whenever they invoke “greater contempt for law; it invites every victims. president, expectations were restraining order on the DOJ’s public interest”? Should the man to become a law unto himself; Year 2011 marked the high that he would uphold the watchlist order against the executive disregard the it invites anarchy.” (Olmstead v. first impeachment against a rule of law at all times and live former president. Arroyo was judiciary’s decisions whenever United States, 277 U.S. 438, chief justice in Philippine up to the reputation that his prevented from boarding her the former believes that the latter [1928]) history. However, the same is parents built. One and a half plane despite the High Court’s ruled incorrectly? No, because The Noynoy Aquino also a year of grieving for the years into his administration, recognition of the former the executive department’s duty administration had clashed victims of poor implementation he, on the contrary, seemed president’s right to travel. is to implement the law and that with the Supreme Court several of our environmental law s. willing to resort to bending the The Justice secretary, includes decisions of the times already and this alone is PNOY's campaign is noble and rule of law, like some of his along with Aquino’s lawyers, judiciary, which, under the a cause for concern. What is sincere but tuwid na daan isn't predecessors occasionally did, ought to have known that such Constitution, is empowered to more alarming, however, is that about the sensationalized fight to do or get what he wants. right must be respected, more so interpret the law. the executive now has the against corruption alone. If you What President Aquino when the person being Must the executive be audacity to defy the High Court, forget the trees and allow illegal wants to do is no secret. First restrained from leaving is not yet excused in refusing to drawing its strength from strong logging to reign how can we and foremost, he wants the charged of any criminal offense. implement a court decision public opinion. At the end of the walk through a flooded tuwid prosecution of public officials It does not even matter if the based on its belief that the day, President Aquino would na daan then? Thus, amidst the who allegedly committed Supreme Court ruled correctly decision was erroneous? An try to make us believe—or has many lessons Sendong have crimes like graft, corruption, and or erroneously in the eyes of affirmative answer to that he already made most of us taught us, the fight to end electoral fraud during the Malacañang; the Executive question would only blur the believe?—that his utter illegal logging remains a matter previous administration. Last must have still complied with distinct powers vested by the disregard of the rule of law is that the PNOY administration November, former President the Court’s order. Also, the Constitution in each of the three understandable and forgivable should never leave out of its Gloria Macapagal-Arroyo, who reasoning that Arroyo’s case is branches of government, for the because it is all part of his daang agenda. executive will now be given the matuwid (straight path) cause. discretion to choose which laws It is high time for the are to be implemented and legal community to stand up The Maguindanao Massacre: which are not. In effect, it now and remind the President authorizes the executive to defy that “no man in this country is Two Years After any law at its own volition. And so high that he is above the law.” this, we know, is chaotic for No man, not even the son of That a gruesome event “[a]bsent the three branches’ revered heroes, is above that rule is dead-to a government adherence to the rule of law, our of law. preoccupied with the pursuit of society would denigrate into If non-adherence to the correcting “the wrongs” of the In Perspective uncertainty, instability and even law can ever be considered as past administration-is perhaps anarchy.” (Dissenting opinion of matuwid, I can no longer imagine a truth held by the families and Justice Sereno in League of Cities how wicked the curved path is. relatives of the victims of the Maguindanao Massacre. Even SARITA G. ALVARADO their lawyer acknowledged this relatives. On April 17, 2010, filed to afford the victims of a and said that, “Malacañang the massacre, Esmail “rebels.” Or is to brand them as then acting Justice Secretary more speedy remedy. But the spokespersons should go Mangudadatu-husband and “rebels” the reason why the Alberto Agra dropped the real question is can the plaintiff beyond saying that President relative of some of the victims- Proclamation was signed? multiple murder charges side show liability? Benigno Aquino III will merely pointed to his prime suspect. The adverse legal against Zaldy Ampatuan but The role of the ensure that the public His wife allegedly phoned him implication could be seen if the was forced to reinstate the executive is apparent. As the prosecutors are not the reason just before dying, telling him that Hernandez doctrine is applied. charges after the controversy led private prosecutor of the case for the delay in the prosecution about a hundred men had Under such doctrine, the crime into a public outcry. In June puts it, it is their task to of the case.” Two years have blocked her group with Andal of rebellion can be utilized as an 2011, Andal Sr.was arraigned in apprehend those who are still passed since the detestable Ampatuan, Jr. as their leader. umbrella for illegal activity such court. In July 2011, Zaldy at large so that the witnesses atrocity took place and only Instead of sending police to the as murder. A rebel cannot be Ampatuan suddenly should not be made to repeat about a half of all the accused prime suspect to question him, tried for both. If the rebellion announced that his family had their testimonies. Deputy have been arrested. Only about Former President Arroyo sent case is dismissed, the “rebel” helped Mrs Arroyo cheat in the presidential spokesperson Valte a third of the same has been Presidential Aide Jesus Dureza cannot be tried anymore for any 2004 and 2007 elections, offering said that the President told the arraigned. Indeed, there is a to merely ask for the family’s murder he committed while in to become a state witness relatives of the victims that the need to reform the criminal cooperation in the investigation. the act of rebellion. So is the against Arroyo’s electoral fraud government would extend them justice system in the country. It also took her two days to proclamation signed to shield case. Following the adverse assistance and that they “will Such reform would not only express personal outrage. These the Ampatuans from the crime reaction to the slow process of not forget what happened.” But afford the legal fiction of relief acts makes one question, is there of mass murder? This is attaining a conviction, a P15- the victims of extralegal killings to the victims but would also to reciprocity between the gravity perhaps a trivial matter as it was million damage suit was filed deserve more than these empty give them closure and put an of the crime and the response of held in a more recent case, on November 2011 against statements. The end to the dragging misery of a the government for vindication? particularly in People vs. Arroyo for “aiding and abetting recommendation that the slow-paced litigation. Another alarming Lovedioro (G.R. No. 112235; 29 the Ampatuans for the number of defendants be A pessimistic view has circumstance was that a week November 1995) that for murder massacre.” trimmed down to focus on those been expressed that it would later after the incident, Arroyo to be considered absorbed by the The civil case is based who were primarily responsible take more than double the signed Proclamation No. 1959 crime of rebellion, it must have on the claim that Arroyo for the planning and killing lifetimes of the victims before which placed Maguindanao been committed in furtherance legitimized the private army of should perhaps be taken into justice can be served. The province under Martial Law of a political end. the Ampatuans through an consideration. ability to sustain hope for a and suspended the writ of What is the status of the executive order. It was also The point isn’t that the swift justice system is indeed a habeas corpus. The case now? According to news alleged that she was government, faced with multiple virtue. The doubt of an end in proclamation was justified by reports, Andal Jr was arraigned responsible for arming the issues coupled with legal sight remains as governmental Former Justice Secretary on January 2010. In March 2010, private army. It was also controversies, keeps forgetting actions are perceived as Devanadera claiming that the the court dismissed rebellion claimed that she endowed the this massacre and their role in inadequate. condition of rebellion existed charges against Andal Sr, his clan with tremendous influence serving justice. It’s that they’ve After the occurrence of because the Ampatuans turned son Zaldy, and five other in Maguindanao. The case was already forgotten. 6 Alumni VOLUME 1 NUMBER 2 / FEBRUARY 2012 Decades of injustice make datu support jury system

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123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789 BY BERTENI “TOTO” CATALUNA CAUSING 123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789BERTENI “TOTO” CATALUNA CAUSING, an alumnus of the Pamantasan ng Unlike in the US system, the one 123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789

123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789 123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789Lungsod ng Maynila College of Law, is currently the editor-in-chief of Dyaryo being proposed by HMMI is a system where 123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789

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SURIGAO CITY (Dec. 16, 2011)—When the a majority vote of the 12 trial jurors is 123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789Magdalo. He is also the president of the Hukuman ng Mamamayan Movement Inc.

123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789 idea of a people’s justice system was sufficient to convict the accused. Votes of 123456789012345678901234567890121234567890123456789012345678901212345678901234567890123456789 broached to a leader of a big group of seven to eight shall merit a minimum clans whose ancestral lands have been good as or worse than before, prompting Manobo tribesmen here, he readily agreed punishment. Votes of nine to 10 shall merit a hosting mining companies. them to think that P-Noy would only be that this is the kind that should be put in medium punishment. Votes of 11 to 12 shall He stressed that not a single peso another Gloria Macapagal Arroyo in so far place in this “mining capital” of the merit a maximum punishment. These has been given to any family of any as their issues are concerned. Philippines if only for the indigenous categories are provided because the Revised indigenous peoples (IP) here. Adding to his worry is that P-Noy people’s lives to be better. Penal Code usually prescribes punishments Under the Indigenous Peoples reappointed national commissioners named The idea of this justice system in three degrees. The Indeterminate Rights Act (IPRA), any investment inside by Gloria who have been reputed to be commonly called “jury system” was Sentence Law will also be applied to the any ancestral domain or land must have the “commissioners” in the truest sense of the broached to this datu by this author who is sentence for the purpose of determining the so-called Free and Prior Informed Consent word. also the president of Hukuman ng minimum prison service when the convict (FPIC) issued by the NCIP. Clear case of dysfunctional justice system Mamamayan Movement Inc. (HMMI)—a can apply for parole. This FPIC can only be issued after He said that this is a clear case that group organized for the purpose of The procedure of choosing trial the tribal council concerned has given the the present justice system is indeed conducting campaigns to educate the jurors is similar to that of the grand jurors. consent of the whole clan. dysfunctional in the region. Filipinos about this system of justice. Many will be picked by a computer raffle In other words, no mining can be Datu said that there is no willing The author flew here on Dec. 15, from the voters’ list. Then these picks shall allowed in any ancestral land without the official of the Department of Justice (DOJ), 2011 along with National Press Club president be summoned for interviews and a list of 50 consent of the tribe family that owns the the Philippine National Police (PNP) or the Jerry S. Yap and his chief of staff to speak at shall be picked. These 50 shall be assigned land. Judiciary who would perform their job of the inauguration of the first set of officers of corresponding numbers and descriptions for But the datu cannot understand dispensing justice when the issues are tied the newly-organized Caraga Region Tri- the lawyers of both the accused and the how it happened that many companies have to the ancestral lands subjected to mining. Media Practitioners Association, Inc. accuser to decide to choose the final 12 and been operating even without obtaining from Because they cannot get any (CARTRIPA). Due to typhon “Sendong,” two alternatives. the tribes council of elders any consent. justice from the government's justice the flight back to Manila on Dec. 16, 2011 “This is very good. This is the Lost faith in government machineries, datu said that many in his tribe was cancelled. solution to our present justice system that Because of these mountains of have armed themselves and joined the New The datu believed that the inherent is dysfunctional due to the overwhelming problems, the datu said that the Manobos People's Army (NPA). strength of the jury system closes the influences of the war lords, the brave, the have lost faith in the government. Through their membership with the possibility for the influential and the rich rich and the greedy,” the datu reacted after They had a hope once when NPA, some tribesmen burned mining sites law breakers to buy or threaten the jurors having been educated of this system of President Benigno Simeon Aquino III was ran by companies they deemed to be and ensures fairness all the time. justice. elected in 2010. It needs stressing that of all oppressors. The jury system proposed by HMMI Decades of injustices places in Mindanao it is only in Caraga that The lack of justice among the IPs There are two juries that are being The datu disclosed that many P-Noy won; the rest went for former president of Surigao is but a small part of the bigger proposed by HMMI for adoption in the Manobo tribesmen in the province of Joseph Estrada. However, nothing has picture of dysfunctional justice system in Philippines. Surigao del Norte have been killed and have changed according to the datu. the entire Philippines. The first is the grand jury that not found any justice in the fight for actual The datu said that P-Noy removed But after knowing the jury system functions as the body that decides by possession and control over lands, mostly the regional official of the NCIP in the region concept and after having been convinced majority votes whether to file a criminal case mountainous, which lands they own since who he said pocketed the monies from that this is the one urgently needed in in court or not. In contrast, in the present time immemorial, dating back to the time mining firms that should go to the tribes. Surigao, the datu promised this author that system the Offices of City or Provincial when the Spaniards and Visayans were not Then this corrupt official gave some to NCIP he will educate his own people about this Prosecutors are the ones determining who yet here. officials in Manila. and will tell them to support this cause until should be indicted in court; that have shown The killings in the last decade However, the replacement is as it becomes a law in the Philippines. vulnerability to corruption that may fiscals numbering by hundreds rooted from issues have been labelled as “fix-cals.” of mining, legal or illegal. CL cites/from page 3 The Supreme Court Salvador, the Under the grand jury or the He said that mining has been the Justice website describes spokesperson of the investigating jury system, a raffle picking center of greed among stakeholders, who, Edilberto Sandoval, Peralta as a guest defense, teaches Civil about two hundred from the voters' list shall in turn, include the armed groups, military, who has taught lecturer in the PLM Procedure. be done. Those picked shall be screened rebels, politicians and miners many of whom Criminal Law, has just Graduate School of The College of down by means of interviews and by means maintain their own private armies. retired as a Law. Law also remembers of eliminating those who have criminal Not one of the victims among the Sandiganbayan Some PLM law faculty members who records. The final 23 and two alternatives tribesmen, according to a new-found friend Presiding Justice in professors have also made significant shall be chosen to serve as grand jurors for who is a datu, has ever gotten justice or compliance with the made appearances as contributions to the six months when the new batch replaces vindication. mandatory retirement defense counsels in legal profession. them. The present courts here, he said, age. Sandoval served the impeachment trial Justice While serving, the names and faces are practically not working with respect to as such for seven of Supreme Court Regalado Maambong, a of the grand jurors are to be kept secret, issues involving mining and indigenous months. He retired in Chief Justice Corona. celebrated jurist and removing the possibility of intimidating or peoples in the Caraga region that got its name the service in June Part of the defense one of the framers of buying the jurors through their relatives. from the word “kalag” which can also be 2011 at the age of 70. team are Dean Jose M. the 1987 Constitution, In doing their duties, the procedure spoken as “karag” that, in turn, means A couple of Roy III and Atty. passed away in May calls for the prosecutors to present their case “ghost.” years back, in 2009, Tranquil Salvador III. 2011. before the grand jury and a lawyer shall be He lamented that almost not one former President Roy, who was a former Justice Nimfa employed to advise the jurors on questions criminal investigation has been filed of these Gloria Macapagal dean of the College and Vilches, known for her of laws. incidents of violence, oppression and all Arroyo appointed Acting President of the decision in the case of If the grand jurors voted by a other kinds of despicable acts that included former Sandiganbayan University, currently Herrera v. Alba on the majority to indict a person being proposed grabbing of lands for mining and the massive Presiding Justice and teaches Introduction admissibility of DNA by the prosecutors to be charged, the cutting of trees necessary to give way to now Supreme Court to Law; Legal evidence in proving prosecutors concerned shall have the open pit mines. Associate Justice Profession; and filiation, passed away obligation to present evidence in court He recalled that there was one datu Diosdado M. Peralta. International Law. in December 2011. against the indicted person before the trial who got the courage to file a case that jury. reached the trial court. However, he said, Legarda/from page 3 the cases for bigamy which raise as a The second is the trial jury that tries the judge was murdered even before the lecturer, as one of the speakers. defense the invalidity of the first or or hears the evidence and decide the facts case could progress. Legarda talked about different second marriage, such as Tenebro vs. of the case. The judge of the court will be There was also another case where cases, including Mallion vs. Alcantara CA (G.R. No. 150758, Feb. 18,2004), the one who will preside over the a lawyer helped one clan. But the lawyer (506 SCRA 336, 2006), which highlights Bobis vs. Bobis (G.R. No. 138509, July proceedings of the trial and will be the one was gunned down. the procedural aspect in actions related 31, 2000), Morigo vs. People (422 SCRA who will decide as to the penalties and the The datu who is a man of nerve of to the validity of marriage such as its 376, 2004), Terre vs. Terre (211 SCRA laws to be applied upon the facts determined steel showed a very sad face as he narrated being barred by res judicata; its being 6, 1992), and Mercado vs. Tan (337 by the jurors who are laymen. that what has made their problem worst has allowed to be raised for the first time SCRA 122, 2000), among others. During the hearings, the trial jurors been that they have also been exploited and on appeal; or its being subject to The event was attended by 127 shall be kept in seclusion if the accused are cheated by the very office created by law to concession, admission, or waiver. people including two justices of the persons of dangerous characters like the protect them: the National Commission for The discussion also tackled Court of Appeals namely Presiding Ampatuans in the present trial of the Indigenous Peoples (NCIP) regional office the case of Niñal vs. Badayog (328 SCRA Justice Andre Reyes and Justice infamous Maguindanao Massacre of 57, in Caraga. 122, 2000), wherein the personality of Remedios Salazar-Fernando. Other the heirs as plaintiffs to file a petition attendees were PHILJA officials/ including 32 journalists. Thus, this seclusion He intimated that an official of the to declare their father’s marriage void professors, judges, lawyers, deans/ eliminates or reduces the possibility of regional office has been the one taking after his death was at issue. representatives of different law influencing or threatening the trial jurors. shares or royalty of each of the tribesmen Legarda likewise talked about schools, and students. VOLUME 1 NUMBER 2 / FEBRUARY 2012 Features 7

During one of our discussions in class, our professor mentioned the book and told us about its relevance in our study of law. Back then, I wondered how students of law from the Philippines today can relate to something that was written by someone who studied law approximately 8500 miles away and was done in the 70's. Luckily, one of my good friends lent me a copy of the book and I began to read it during my spare time. It was a quick read and the answer to my question became apparent within the first few pages. Although I read the book when I was already in my fourth year of study, I found Turow's depiction of events to bear striking resemblance to what I have experienced when I was in first year. I was able to identify with certain situations that he portrayed in the book with fervor. Turow vividly described his first days in law school. defending their classmate and such letter somehow made it He went directly to the point in page one of the book when to the campus newspaper which caused embarrassment to he wrote about his preparation for registration at Harvard. said professor. Turow referred to this moment as the There was no mention on how he came to be at Harvard "incident". and he did not discuss much about his personal Like most of the students in the United States, Turow background either. Rare statements about his personal studied the standard dockets of Civil Procedure, Torts, information can be found throughout the book though. Contracts, and Criminal Law. Of these subjects, much The narration of the story is in such a way that you emphasis was put on his hard-as-nails professor in Contracts can imagine how vicious professors can be in interrogating and his manner of wielding the Socratic Method-Professor their students and how other students perceive such style Rudolph Perini. Despite being constantly afraid in his class of teaching. An illustration can be made in one instance however, Turow viewed Professor Perini with respect and when a student was reprimanded by professor Perinni admiration. because he came unprepared in class. Professor Perinni Professor Perini poses himself as an antagonist to requires students to notify him in advance through a note students who try to master his subject. This made him a when they are unprepared but the student failed to send stuff of legend among students at Harvard. He is known to such notification. The class sent a letter to Perinni "grill", a metaphor used by students to describe the manner

One L is a book written by American Lawyer/ A student's first few weeks in law school are one of the most memorable. Mostly because each class is a Author Scott Turow. The title "One L" actually different version of rapture, limbo or hell - all mixed up refers to first year law students at Harvard Law and bottled into three to four hours of recitation. Not School. The book depicts his experiences as a Lectures. It still is depressing, the thought that most law professors consider it as spoon-feeding. Lectures still first year law student at Harvard University. It felt like a reprieve before facing a firing squad... as was first published in 1977 and became a Professor Charles Kingsfield would ominously say... "Do not assume anything in my class". national bestseller, a law school primer, and a Just out of the University of Minnesota, James T. classic autobiography for students aspiring to Hart (Timothy Bottoms) finds himself entering the take up law. hallowed walls of Harvard Law School, which is one of the most prestigious Ivy League Universities in the states. He finds himself facing the formidable Contracts Professor, Charles Kingsfield (John Houseman). As their first classroom duel ends, Kingsfield draws first blood, showing just how a teacher can make even the most smartest students feel like they are scum- which fires up Hart's thirst to prove himself as not the ordinary country- bumpkin/scholar, but one who can best the professor at his own game. He fits in with a study group, reads to the of questioning of Professor Perini in his Contracts class, towards others particularly those who are not members of point of obsession, has liquor binging sessions with his students for the whole period and to humiliate those who their study group. While it was entertaining at first and colleagues to drown the stress, and even has time for a love affair with the Susan (Lindsay Wagner) - whose dare attend his subject unprepared. until about midway, the story became bland in the end last name just happens to be Kingsfield (you guessed Another main theme in the book is the Socratic method with the author devoting a healthy number of pages it). Now that is time management at its finest. criticizing the system which he thinks has done him wrong. of teaching employed by most professors in law school. Some critics have hailed The Paper Chase as the The author spoke about how it must be changed for the Turow seemed to have mixed feelings towards this type of quintessential law school freshman movie; maybe teaching. On one hand, he found being on the "hot seat" benefit of the students and future lawyers. The climax of because it has so much that only a law student can relate unfavorable but when the professor is lecturing, he finds it the story came at the middle when the final exams drew to, even it it was screened 1973 (its That 70's Show again). boring. The book shows exactly how unpleasant it can get near and when how everybody seemed to want a copy of From how professors dream up fresh ways to torture when you study law. The sleepless nights spent reading the outlines of his group. students with the Socratic Method each meeting, to the casebooks and the anxiety and stress associated with it. More than 30 years after it was first published "One unique personalities and study habits of people you There is also an effect to your relationships with friends L" is still highly revered as a reputable source of meet, and how there never seems to be enough time for and loved ones. information for people aspiring to take up law. The lawyers reading everything what is expected of you to be able to Turow also goes into great detail about the nature who already experienced the same ups and downs, as the make it unscathed through each class. and dynamics of studying in groups in law school and the author of the book did, will find it quite entertaining to It just so happens that the film gives quite an apt pressure for first year students to get good grades that will look back knowing that such times are behind them. And portrayal of teachers who push the students to their full land them a spot in the law review which would in turn for the students, it provides some sort of assurance that capacity (and expect nothing less), all the highs and allow them to become more competitive as future lawyers. they are not the only people in this world who undergo lows and the struggles in between just to make it one Turow recalls how the competition to obtain good grades such rigorous training in their journey of becoming future day at a time. John Houseman portrays Kingsfield as became so stiff that it started to take its toll on their attitude lawyers. that professor we wish we did not cross paths with. He is hell frozen over, with his glacier looks and seasoned poker face, he makes even the most well-prepared students feel like lint. In one seen towards the end of the film, when Hart pours out how his Contracts subject meant to him, Kingsfield doesn't even remember his name. To Hart, it's not the best feeling he would wish to have before his finals in the subject. The film is more of a homage to the love-hate relationship of the whole class with a tyrannical professor who knows is a master of his subject - and who believes that his method of teaching, though brutal, will bring out the finest and best qualities in all of his students. And although the price that the students have to pay is a casualty list slicing their population in half at the end of the semester, life goes on in law school. And to students who finds a piece of their personalities portrayed by those in Kingsfield's class, the message is no matter how bad it gets, it will always get worst in the end (just kidding). That aside, as long as one never forgets the reason they entered law school in the first place, that reason will keep their engines running until they truly become lawyers in their own right. 8 Features VOLUME 1 NUMBER 2 / FEBRUARY 2012

The law school experience in the Pamantasan ng Lungsod ng Maynila (PLM) is incomplete without a practical application of the methods and principles learned through reading law books, cases, and other legal materials, and through lectures held within the four walls of a classroom. Academic life is complemented by the PLM-College of Law Legal Internship Program (PLM-CLLIP)-where all law students who have finished at least two years of the law curriculum are required to complete a 240-hour internship with the legal department of a government agency of their choice. The internship program exposes the students to legal work and is designed to produce competent lawyers with a broader view of the practice of law.

One of the government agencies that cater training to law students is the drafting resolutions. Interns are also given the opportunity to observe actual Department of Justice (DOJ). A subdivision of the DOJ is the Department of Justice preliminary investigations and oath-takings conducted by DOJ prosecutors. All these Action Center (DOJAC) which is tasked to act on criminal complaints, provide legal tasks are done with the assistance and under the supervision of DOJAC's program assistance, and answer queries of walk-in clients as well as those who inquire over the director, Atty. Romeo DC Galvez, or in his absence, PAO’s Atty. Florences Sta. Ana. telephone. In DOJAC, interns are asked to face walk-in clients to answer their queries Choices of government agencies for internship include the Public Attorney's Office, on actual cases by citing legal provisions and rules of procedure. Providing legal the Office of the Solicitor General, and the Office of the Prosecutor. Tasks in these assistance is also done through e-mail or through registered mail in reply to mailed agencies vary in accordance to the function of its offices. queries. Interns are also asked to draft complaint-affidavits for various crimes and The PLM-CLLIP is an avenue where law students can practice their acquired make endorsement letters to appropriate government agencies with jurisdiction to knowledge in their study of law. Though adjusting from mere readings and lectures act on clients' requests for assistance. Moreover, the interns are tasked to read to actual practice is tough at first, it is a necessary endeavor to prepare the law petitions for review filed with the DOJ and research on applicable jurisprudence in student in his future encounter with legal work.

(Freshmen Survival/from page 9) Answers, Monologues and Miniskirts. Recitations and exams give you a chance to speak up and share what you have learned. There are correct answers, but there are also alternative answers. If you feel that your answer is not within the mainstream, and you are aware of that, just remember to give it enough ground to go against the current. As for recitations, keep your interjections to the minimum. Keep a steady flow of thought and lessen your complex sentences if you can. Yes or No questions require Yes or No answers for the introduction. Say Yes or No, then provide your ground. As how Charisse Zenarosa-Del Castillo (right) with her classmates , our Tax professor described it, "Answer like how you would want a miniskirt. Keep it Francis Rupert Mangrobang (left) and and Ann Castillo Lapuz short to be sweet, but long enough to cover the basics." (center), during the last Sunday of the 2011 Bar Operations. Survival Kit. There are a lot of things that you need in order to get through the class. Aside from your trusty book, codal and cases, there are a lot of things that can A fellow PLM Law student passed away last December 11, 2011. Charisse Zenarosa- help you. These are not really necessary, but can make your life easier in class. Del Castillo, joined our Creator at the age of 38. She was a sophomore. "All the colors of the rainbow. Keeping a wide variety of colored pens and highlighters Charisse or Ate Cha, as she was fondly called, exemplified the life of a determined in your pencil case, whichever you prefer, is advisable. Color coding will help you and persevering working student. She managed to balance and fulfill the requirements remember and find details in cases and readings when you need them. For example, of her job as an employee of the Supreme Court of the Philippines while at the same blue pens are for underlining the facts of the case, green pens for definitions and red time address the rigorous demands of a full time law student in Pamantasan ng Lungsod pens for issues. Page tags are also helpful to help you know where to look when searching ng Maynila. Adding to her challenge was the fact that she was also a wife and a mother for certain book annotations. of two beautiful kids. All these hurdles she embraced and confronted head on as she "For all your packing needs. Another thing you might want to keep handy are fulfilled each daily task she was assigned to. Charisse, in her short earthly existence as foldable or expandable bags. The amount of photocopied readings you may need to a member of the PLM College of Law community, showed us the unwavering dedication bring home one day can range from a kilo, to absolute torture. Cut your bag (and your and commitment of a Law student as she cheerfully embraced the life and challenges of back) some slack and keep these handy for one of those days. being a member of the legal profession. "Replenish. And last but not the least, some packed nuts or candies and water. In recognition of Charisse's contribution and membership in the PLM College of There are days when you will get incredibly sleepy (due to an all nighter of reading…or Law community, the PLM Student Council hosted a mass for the repose of her soul last "extracurricular activities") or tired in class and hydrating yourself often can make a lot December 15, 2011 at the PLM Chapel. The mass was well-attended by her fellow of difference. There are some classes that stretch from four hours to forever and classmates, friends and professors. Dean of PLM College of Law Ernest Maceda Jr. gave a speech in her honor at the end of the mass celebration. Saturdays that won't provide breaks. Keep yourself awake and energized by munching Her remains lied in state for five days at the Ascension Chapel, Good Shepherd on these goodies when you get the chance. Church at Regalado Avenue Fairview Park Quezon City. Her interment was conducted And Last but Not the Least, Bring an Open Mind and an Iron Clad Heart. On on December 16, 2011. (Mianol Favia) my first day as a law school freshman, I was told that the study of law is not for the faint of heart. Very true. There are days when you will feel that you have less knowledge defeat but do not be disheartened, just come back stronger the next day. Remember than you need for the day. Then, face that recitation with more courage than knowledge. that the great lawyers you see today had been through the things that you are just Our Associate Dean Atty. Anenias once said, "You can bluff your way into a good experiencing today and that is exactly what made them who they are - the people you grade, we know you're bluffing - but the confidence will make up for it. Just don't make look up to. Professors will keep on subjecting the coal to the open fire, and you know it a habit, read up so that when we call on your bluff you can back it up." how that cliché goes. There will also be days when you will be scolded for not knowing things, admit Suit up, your next battle begins the very moment you put this paper down. VOLUME 1 NUMBER 2 / FEBRUARY 2012 Features 9 have that online copies don't is the syllabus. The most pressing concerns and issues you would want to learn about are found in this section of the SCRA copy. By reading this section, you will have an easier time understanding the rest of the case. Keep Writing. Science has already proven that the human brain remembers things better when they have been written down. The motor function of the hand with the by Michelle Ein B. Recto coordination of the eye when you are writing serves as a memory booster that allows your brain to remember details and sensations. Digest cases and take notes when you can. Keep writing, take notes and even scribble on your books and codals. Not only does this help you remember, it also helps you improve your hand writing. Read and Read Until You…Succeed. The study (and practice!) of law is a continuous learning and reading process. You will have to read pages and pages of complaints and documents for the rest of your career so it is best to be prepared as early as now. As you read on, you will be surprised at how your reading has become You walk into an auditorium finding your way into a seat amongst the sea of faces. faster and your understanding - sharper. There will be times when reading assignment There are a whole lot of you, fifty, sixty, seventy - maybe even more. You find familiar difficulty levels will range from hard to impossible. Keep reading anyway. Your first run faces; some friendly, others too serious to read and you start a small talk about things to might be your only chance to read these pages keenly. You never know, if you don't, come. Every single time the heavy doors swing open, you find yourself looking back to you might miss important details that can't be found on digests or your seatmate's notes. see who's coming in. You feel tense and nervous, but you find comfort in the fact that Think of the Tolentino case, La Bugal B'laan case, Oposa case and Lotus Case among everybody feels the same. You hear the doors swing open again, once, twice, then for others. If you survive these, you'll survive just about anything. the last time, heavy footsteps find their way to the professor's table. His expensive suit Instant Noodles are Never Healthy. Don't take the wild shortcut and read and stern face tells it all, this is someone you want to be, surely - you want to be this kind reviewers on your first run. Reviewers are, well, reviewers. They are memory and detail of lawyer. He commands authority, and easily sways you to his side. His sense of enhancers which serve as aiding tools to help you remember what you have already authority amazes and attracts you but the atmosphere gives you mixed emotions about learned in the past. It is not as detailed and you are at the risk of missing out on several all these. Do you want to go through with this every single day? Yes, you do! But are you fine details when you resort to reading reviewers as opposed to reading books and cases. ready for battle? Suit yourself up - it's best to be in gear. Indulge in a full meal over instant noodles for complete nutrients. You begin your battles on the very first day, you were aware of what you were Personal Style. Different people have different study habits. Choose the most getting into. Aware, but not well informed. Is that an excuse? Not really, but you feel appropriate one for you. While research studies will give you uniform recommendations that you should be given some slack. So what is it that you need to survive this waging of the best study habits and the best time to do that, you still have to choose the best war? Tools, wisdom and mindset alike. Here is a list that may help you, it had saved lives style which suits you. Some people are best in the morning, while some are night bats before, it might just save yours next time your lucky classcard gets picked and your (ehem.) that are able to read and absorb more during the wee hours of the night. surname gets called. Choose wisely. Background Check. Before doing anything, knowing what to expect will always Building the Nest. Most students commit the mistake of wasting a lot time give you an advantage. Having gotten your schedule and most probably your class building their study nests that they lose an ample amount of time they could use reading. syllabi as well, it is best to check the contents to know what you are in for. Ask around, Oh, you know you're guilty of this - preparing the table, clearing stuff, even preparing classmates and seniors alike, on what to expect for each subject you have. Ask for the world's best cup of coffee. Keep your rituals to the bare necessities. Stop obsessing, recommended readings, books and the like. start reading. Two is Better than One. Also, Three's Not a Crowd. You'll be fine with reading Either Reward Yourself or Just Get It Over With. We're talking about the just one book, but you'll be better if you read two. If you have time, a third book would things that you like and love. READ: Distractions. Again, it all boils down to your also be very helpful. As how our Obligations and Contracts professor put it, with one personal style. Some people thrive better when they do a reward system. Ten minutes book you'll know general things, with two books, you'll know the exceptions to such of Facebooking for every 150 pages of the Revised Penal Code. Others, however, rules - but the best lawyers, study the exceptions to such exceptions to overcome others. thrive by just getting it over with. Watch an episode of The Walking Dead, get it over In most subjects, professors will recommend one book by an author deemed to be an with, and start reading again. authority, but for supplemental reading, it is best advised to pick out two to three more Dress the Part. The academe has a strict provision on dress code. Dress the part, books to help you out. to feel the part. Suit up, not to feel crisp and party savvy, but to have a feel of what you Flip Pages, Stop Clicking. While it is easier to make Google do all the work in are in for. Ever saw a lawyer dress in jeans inside the courtroom? You and me, both. finding your cases, reading cases on SCRAs are still more advisable. What SCRA copies (Freshmen Survival/to page 8)

It is said that the average person has a short of establishing a new working model for hearing has been for a long time, and that's the way it's attention span of about five seconds. We are more and adjudicating claims, which would be a fusion of going to be for more. That may sound as indifferent inclined to remember images with more lasting the best practices from the American adversarial or apathetic or resigned -or all three at the same impact, rather than a lecture or a speech on system of litigation and the inquisitorial system. The time. The current times reflect how cynical and featuring the same subject matter. proposed outcome is that, gradually, is to streamline disenchanted we are when asked about the way Just last semester, PLM hosted the Supreme the process so it wouldn't be as snail-paced as what our justice system function. The same observation Court's roving photo exhibition on the prevailing we have been used to. is not made better by recent events within the past issues of case congestion plaguing our judicial Pictures often speak for themselves even without decade, where the High Court was put under the system. The exposition, entitled Mahal Mo Ba Ako?, the subtitles, and most of those that were featured microscope, its controversial decisions and rulings is the brainchild of Associate Justice Roberto A. in the exhibit gave a high definition snapshot of the highlighted for its substantive flaws and flip- Abad, who along with Chief Justice Renato C. challenges facing our Justice System at present: flopping. Corona formally launched the said event on May clogged court dockets, dilapidated courthouse The whole point of the said exposition is to 30, 2011 at the Supreme Court Lobby in Malate, facilities and equipment, litigants often than not launch the Supreme Court's initiative on gradually Manila. disillusioned by how slow the cogs of the system incorporating judicial reforms starting from the One of the interesting details about the said move. Most of the courthouses in the country do not grassroots: the public's perception. It is their way event is that after its one week stint at the SC even have decent ventilation systems or comfortable of quietly saying, with a conviction: "this is how lobby, it will grace different other venues such as seating; not to mention being understaffed with bad the problem is - and we know it has gone schools and universities, malls and Halls of Justice overworked employees. And that is barely the tip of unattended for so long-but we need you to nationwide - quite an effective method of the iceberg if we are to list down the issues plaguing understand that we are starting doing something promoting the Court's Information and Education all our courts. about it". Campaign during the entire length of the exhibit. Most of us are aware of these facts often react Hopefully, their next photo exhibit will show According to the Court, they are on the frontlines with a shrug and a sigh -thinking, that's the way it the exact polar opposite of what it did today. (Maria Patricia F. Rebano) 10 Impeachment VOLUME 1 NUMBER 2 / FEBRUARY 2012 PLM Law holds forum on Corona impeachment

In order to discuss and make a collective cited the presumption of regularity enjoyed by the position regarding the impeachment of Chief Justice public officers as stated in the Rules of Court. Renato Corona, the College of Law Student Council All things considered, the support on CJ hosted a forum on December 15, 2011 at the Bukod Corona's impeachment relied on the notion of the Tanging Bulwagan. governmental responsibility to purge the corrupt The forum began with a debate between the and the rotten state as part of the checks and pro and anti impeachment. The pro impeachment balances of the branches of the government. team was composed of Rodolfo Divinagracia, Mary On the other hand, the anti impeachment Eileen Chinte, and Jan Vincent Soliven. Meanwhile, questioned the irregularity of the process and Sarita Alvarado, Andrea Isabel Sena, and Alvin contended that the house members violated public Fronteras represented the anti impeachment. trust themselves because of the signing the Articles "The impeachment is not addressed to the of Impeachment without even reading the same. judiciary as an institution. It is only addressed "They are not only attacking the Chief Justice, against the Chief Justice who allegedly violated they are attacking the Supreme Court itself" the Constitution. The Constitution specifically Alvarado opined. 1998 - 2001 - Corona was then Vice President Arroyo's chief of staff provides the impeachment proceeding as the They also answered the issue anent the and spokesman. appropriate forum for this," Chinte asserted. midnight appointment buttressing their argument 2001 - 2002 - Corona was Arroyo's Presidential Chief of Staff and The pro impeachment team also anchored their on the case of De Castro vs. JBC which upheld the later as Acting Executive Secretary. argument on the constitutional tenet which states appointment and said that the prohibition on April 9, 2002 - Corona was appointed by former President Arroyo as that "public office is a public trust". appointment does not extend to the Judiciary. They Justice of the Supreme Court. Issues such as the midnight appointment, invoked that the later cases have the legal effect April 20, 2010- Supreme Court ruled in De Castro v. JBC, G.R. No. issuance of the TRO, and the irregularity in the and that the judicial decisions form part of the law 191002 that former President Arroyo may appoint next Chief Justice even gathering the signatures of two-thirds of the of land. They also argued that the executive and during the election ban on Presidential appointments. members of the house of the representatives were the legislative should not inquire on how the The Court held: "Where the court held that the prohibition contained raised. Supreme Court decides as long as it is within the in Section 15, Article VII does not apply to the appointment of the The pro-impeachment camp claims that Chief ambit of the law. Members of the Supreme Court. Had the framers intended otherwise, Justice Corona being a midnight appointee At the end of the exchange of views though, said the Court, they could have explicitly done so. The framers could not deserves the impeachment for there will be threats the student body did not arrive at one standpoint. have explicitly ignored the meticulous ordering of the provisions. They of partiality as to the resolution of cases involving The forum was entitled "The PLM-LAW would have easily written the said prohibition as being equally former president Arroyo. Students Stand on the Impeachment of Chief applicable to the Members of the Supreme Court in Article VIII itself, "The Constitution specifically states that the Justice." most likely Section 4(1), Article VIII. The fact the framers did not do so only exception to the rule regarding midnight Meanwhile, PLM College of Law Dean Ernesto only reveals that the prohibition against the President or Acting appointments is the temporary appointments to Maceda, Jr. has expressed his availability to be President making appointments within two months before the next executive positions," Soliven argued. inquired on regarding his views on legal issues presidential elections and up to the end of the President's or Acting Furthermore, as to the issue of the irregularity generating national interest, such as the President's term does not refer to the Members of the Supreme Court. of the signing of the 57-page document, Soliven impeachment trial. (Anna Kristina B. Sandoval) The Court further held that Arroyo was left with an imperative duty under the Constitution to fill up the vacancies created by the inexorable retirements within 90 days from their occurrence. Her official duty must be complied with." May 12, 2010 - Former Pres. Arroyo selected Corona to replace Puno as Chief Justice. Five days thereafter, Corona assumed office as 23rd Chief Justice of the Supreme Court. June 5, 2010 - The camp of then President - elect Aquino called on all midnight appointments not to take their posts after June 30, 2010 out of Are you in favor of Chief Justice Renato Corona’s impeachment? Why or why not? delicadeza and to give the incoming president a free hand in forming the "I'm pro-impeachment. We should exercise and put into act the concept of checks and balances. next government. On its face, we can say that the articles of impeachment can stand in the impeachment court. June 30, 2010 - President Aquino geared away from tradition by not Whatever doubts we have in our minds, whether the Chief Justice must be impeached or not, must taking his oath before Chief Justice Corona. be left to proper procedure for determining CJ Corona's guilt based on the evidence and arguments August 24, 2010 - President Aquino submitted the proposed 2011 raised in the Senate." -Jonalyn Marana, 4th year budget to Congress with a reduction in the Judiciary budget by almost 1 I'm against the manner on how they instituted the impeachment against CJ Corona. You Billion pesos. cannot correct a wrong by doing another wrong. More on technicalities 'yung problem. Pero September 14, 2010 - Supreme Court issued a status quo ante order usually dun sa technicalities nagkakatalo in the end. - Lourdes Cahilig, 1st year which prevented the House of Representatives from proceeding with the "I'm neither pro Corona nor anti Pnoy. As a matter of fact, I admire and support Pnoy's drive impeachment of Ombudsman Merceditas Gutierrez. After hearing, the against corruption. However, I believe that the impeachment was made with grave abuse of House of Representatives, by Resolution of September 7, 2010, found the discretion. For me, it was hastily made and the grounds were not too strong to warrant impeachment two impeachment complaints against ex-Ombudsman Merceditas Gutierrez considering that the orders being questioned are mutual decision of all the justices and not merely , which both allege culpable violation of the Constitution and betrayal of based on the chief justice's whims and caprices. I also fear that if this would prosper, the integrity public trust, sufficient in substance. On September 7, 2010, the House of the judiciary would be at stake and would be vulnerable to attacks and power tripping of the served her a notice directing her to file an answer to the complaints within president and his alliance." -Mavic Cayaba, 4th year 10 days. Six days following her receipt of the notice to file answer or on No one could be against impeachment because the Lower House already impeached Corona. September 13, 2010, Gutierrez filed with the Supreme Court a petition for Parang sinasabi lang natin yan na kung may kasalanan tayo ayaw nating litisin sa Korte. Eh certiorari and prohibition with application for injunctive reliefs. The pa’no iyan ang nasa batas at ang rule of law eh. Ang impeachment is a constitutional remedy. So following day or on September 14, 2010, the Court En Banc RESOLVED to who can be against it? In the first place, it is wrong to ask whether or not one is "pro" or "anti" direct the issuance of a status quo ante order (no ratio: it was just an impeachment. The constitution is clear that an impeachment is a valid remedy applicable to order) and to require respondents to comment on the petition in 10 days. impeachable individuals. Who can be against the impeachment of Corona when he is already The Supreme Court's Resolution directed the parties to observe the status impeached? We are now at the stage to determine his guilt in the impeachment court. The Senators, quo prevailing before the House Committee on Justice made the contested sitting as judges, will try him not exclusively on the merits but also on its political bearing. - Rodolfo findings. (Gutierrez v. House Representatives Committee on Justice, Divinagracia, 1st year et.al.,G.R. No. 193459) An impeachment process is a judicial right given by the Constitution however the manner on October 13, 2010 - Supreme Court issued a status quo ante order on how this impeachment against Chief Justice Corona is done in an "unjudicial" manner. This was the implementation of Executive Order No. 2 revoking Gloria's "midnight based more on PNoy's revenge and taking control of the whole process without understanding the appointments". The 1987 Constitution prohibits an incumbent president merits of the case or the rule of law. - Joanna Marin 1st year from making appointments two months before the elections until the The idea of "Vox populi, Vox Dei" should not be confused with the idea that anyone who president steps down from office. Applied to 2010 May 10 elections, the thinks he has the numbers necessarily speaks on the behalf of the people or of God, most especially ban on appointments spans a nearly four-month period, from March 11 to if his manner of speaking is far behind his manner of acting. My good senator friend, please be June 30. However, President Aquino's EO No. 2 also said those who were reminded that the president won the majority of votes of 40% percent of the entire electorate. I am appointed before March 11 but took oath or assumed office on or after hoping that his numbers would also remind him that 60% of this nation did not vote for him. March 11 are considered midnight appointees. On September 16, Bai Omera Therefore, the virtue of prudence should suggest to him not to speak as if his voice is the voice of (Chronicles / to page 11) the people or God Himself. - Felipe Balingit, 1st year VOLUME 1 NUMBER 2 / FEBRUARY 2012 Impeachment 11

(Chronicles / from page 10) D. Dianalan-Lucman filed a petition before the SC to declare EO No. 2 unconstitutional and to permanently prohibit the office of Executive Secretary Paquito Ochoa Jr. from enforcing the presidential order "against petitioner and other persons similarly situated. If a TRO could not be issued, Lucman said the court should issue a status quo ante order to restore appointments before Aquino issued EO No. 2.The SC ordered Malacanang to observe the status quo prevailing before the issuance of Executive Order No.2 dated July 30, 2010. December 7, 2010 - Supreme Court declared the Truth Commission unconstitutional. In a joint decision in Birago v. The Philippine Truth Commission of 2010 and Lagman v. Executive Secretary Ochoa, Jr., the court ruled that Executive Order no.1 a.k.a Truth Commission violated the equal protection clause. It held, "the clear mandate of the envisioned truth commission is to investigate and find out the truth concerning the reported cases of graft and corruption during the previous administration only. The intent to single out the previous administration is plain, patent and manifest." May 17, 2011 - Despite of previous clashes with the administration, Chief Justice Corona said in an interview with ABSCBN news that he supports President Aquino PLM Law professors Jose M. Roy III and Tranquil Salvador III (fourth and fifth from left 100%. respectively) with other members of Supreme Court Chief Justice Renato Corona’s July 26, 2011 - President Aquino submitted proposed 2012 budget to Congress with defense team. Photo taken from http://coffeeatbreak.blogspot.com a 2 Billion peso - cut on the Judiciary budget. October 13, 2011 - Chief Justice Renato Corona slammed Malacañang and some legislators for disrespecting and undermining the independence of the judiciary by PLM Law profs participate attempting to slash its budget and threatening to impeach justices during his keynote address in the National Convention of the Philippine Judges Association November 15, 2011 - Supreme Court allowed Mrs. Arroyo and her husband to travel in events on nat’l interest abroad with several conditions attached when it issued a TRO against the watch list Several members of the PLM College Constitutional Law professor, is currently order (WLO) issued by the Department of Justice. The Department of Justice placed the of Law faculty has been involved in events the Malacanang's spokesperson. Arroyo couple on the Bureau of Immigration watch list in connection with plunder and involving national issues, including the Meanwhile, during the heat of the electoral sabotage complaints filed against them. The Arroyos filed a petition with the ongoing impeachment case of Supreme Temporary Restraining Order against Supreme Court challenging their inclusion in the watch list order. Eight justices voted in Court Chief Justice Renato Corona. Department of Justice's Hold Departure favor of the temporary restraining order (TRO), including Chief Justice Renato Corona. Two respected legal educators of the Order to Rep. Arroyo, Atty. Ferdinand According to SC spokesman and court administrator Jose Midas Marquez at a press PLM College of Law joined the roster of Topacio served and still represents former briefing in the Supreme Court, the five justices who dissented said the case should first Corona's defense panel. First Gentleman Mike Arroyo. be heard before they would decide whether to issue a TRO or not. On the other hand, the Atty. Jose M. Roy III and Atty. Tranquil Atty. Topacio used to teach Legal majority thought the issuance of a TRO is consistent to the constitutional presumption Salvador III are among the litigation experts Ethics, Statutory Construction, and of innocence. Furthermore, it upheld the couple's right to travel as guaranteed by the of the defense headed by former Supreme Constitutional Law I at the PLM Law. Constitution. Court Associate Justice Serafin Cuevas in And the trial begins November 16, 2011 - Instead of heeding the TRO, DOJ Secretary De Lima in a press the impeachment trial. The trial officially started in the Senate conference in Malacañang maintained that her office will not allow Mrs. Arroyo to leave Both lawyers are former college of law of the Philippines on January 16, 2012. It is the country pending the motion for reconsideration. deans. being presided by Senate President Juan November 22, 2011 - Supreme Court ordered the Cojuanco's to distribute Hacienda Atty. Roy was dean of the PLM College Ponce Enrile. Luisita to farmers and pay them1.33 Billion pesos as share in the sale of the disputed of Law from 2000 to 2006 and also served as The impeachment proceedings is set land. The 500 ha portion of the land was sold to RCBC while 80 ha was to the government. acting president of the University in 2006. to heart the eight articles of impeachment In Hacienda Luisita Inc. v. Presidential Agrarian Reform Council, et.al., G.R. no. 171101, Meanwhile, Atty. Salvador was the against the Chief justice including the the Supreme Court ruled the in line with its finding that control over agricultural lands former dean of Pamantasan ng Lungsod ng alleged (1) betraying public trust by being must always be in the hands of the farmers, it reconsidered its July 5, 2011 ruling that the Pasay and currently a partner from the partial in cases involving the Arroyo qualified farmworker-beneficiaries(FWBs) of Hacienda Luisita Inc. (HLI) should be given Romulo Mabanta Buenaventura Sayoc and administration; (2) committing culpable an option to remain as stockholders of HLI, inasmuch as these qualified FWBs will never De Los Angeles Law Office. violation of the Constitution/betraying gain control given the present proportion of shareholdings in HLI. Also, both lawyers obtained their law public trust for failure to disclose his November 23, 2011 - President Aquino hinted his readiness to defy any ruling of the degrees from today's top law school, the statements of assets, liabilities and net Supreme Court that he believes to be "favoring the interests of the few' during his speech Ateneo de Manila University. worth as required by the law; (3) committing in the 75th Anniversary celebration of the NBI. Atty. Roy is teaching Public culpable violation of the Constitution/ December 1, 2011 - President Aquino delivered a speech before the Makati Business International Law this semester. He also betraying public trust with flip-flopping Club blasting away at the high court and its Chief Justice, again saying that the high previously handled Introduction to Law and decisions of the Supreme Court in final and court cannot be trusted to come up with the right and just ruling as the court is not Legal Profession. executory cases and appointment of his impartial and has questionable credibility. On the other hand, Atty. Salvador is wife Cristina to a government post; (4) December 5, 2011 - President Aquino expressed his frustration at Corona's loyalty currently teaching Evidence. He also committing culpable violation of the to his "sovereign" in a speech at the First National Summit on Criminal Justice where he handled other Remedial Law courses such Constitution/betraying public trust for the listed 19 cases involving Arroyo in which Corona supported her position in all the cases. as Civil Procedure, Criminal Procedure, High Court's issuance of status quo ante December 12, 2011 - Chief Justice Corona vowed to remain in his post and defend Provisional Remedies, and Trial Techniques order on the House of Representatives the Supreme Court amid an alleged plan to oust him from office "by any means fair or during the previous semesters. He is also a during the impeachment process of then- foul" at the flag-raising ceremony of the Supreme Court. At the House plenary, reviewer and professor of law in Ateneo de Ombudsman Merceditas Gutierrez, (5) Reperesentative Gonzales moved to endorse the impeachment complaint, which was Manila University, Far Eastern University, betraying public trust also because of the signed by a total of 188 congressmen, to the House secretary-general. The grounds for FEU-La Salle, San Sebastian College, and Supreme Court's flip-flopping rulings on the the impeachment of CJ Corona are culpable violation of the Constitution and graft and University of the East. creation of 16 new cities and promotion of corruption. Malacañang called on Chief Justice Renato Corona to ask court employees to On the other hand, Atty. Ernesto Dinagat Islands to a province; (6) betraying return to work after some 500 judges and court personnel walked out of their courtrooms Francisco Jr. was also part of the defense public trust for investigating Supreme Court to show their support for him. team. However, he resigned before the Justice Mariano del Castillo for plagiarism December 14, 2011 - Chief Justice Corona attacked President Aquino at the SC impeachment trial had started because of and clearing Castillo in the process; (7) compound in Manila for pushing his impeachment, saying his removal from the Supreme possible conflict with one of the senator betraying public trust for issuing a Court would give rise to a "creeping dictatorship". Malacañang called on Chief Justice judge. temporary restraining order on watch list Renato Corona to ask court employees to return to work after some 500 judges and court He used to teach Constitutional Law I orders on former President and now Rep. personnel walked out of their courtrooms to show their support for him. It also said that and II at PLM Law and he was the lawyer Gloria Arroyo of Pampanga province and Chief Justice Corona had no right to call President Aquino a looming dicatator and who disclosed the C5 controversy against her husband Jose Miguel Arroyo and (8) advised the Chief Justice to take an official leave so he can concentrate in defending former Presidential Candidate and currently betraying public trust/committing graft and himself at the impeachment trial in the Senate next year. Senator Mauel Villar. corruption for refusal to account for Judicial December 16, 2011 - Impeachment summons for Corona which was delivered to the Other PLM Law professors involved in Development Fund and Special Allowance Supreme Court by Senate Sergeant-at-arms Jose Jose Balajadia Jr. together with national issues for the Judiciary collections. impeachment court spokeswoman Ma. Valentina Cruz. Atty. Lope Feble, currently a Remedial The impeachment complaint is being January 16, 2011 - the impeachment trial begun with Former Associate Justice Law Review Professor at PLM Law, is assailed allegedly for being initiated with Serafin Cuevas as lead counsel for the defense, Ilo-Ilo Representative Neil Tupas as chief among the lawyers of Former President and undue haste by the House of prosecutor, and Senator Juan Ponce Enrile as presiding judge. now Pampanga Representative Gloria Representatives. Sources: http://www.gov.ph/2010/10/13/supreme-court-en-banc/; http:// Macapagal-Arroyo in the election sabotage The complaint was signed by 188 of www.gmanetwork.com/news/story/203387/news/nation/aquino-hits-sc-decision- on- case filed in Pasay City Regional Trial Court. the House members last December 12, 2011. midnight-appointee; http://www.gmanetwork.com/news/story/238561/news/nation/sc- Atty. Edwin Lacierda, former PLM (Liz D. Ballesteros) stops-implementation-of-watch-list-orders-vs-arroyos; 12 Impeachment VOLUME 1 NUMBER 2 / FEBRUARY 2012

a legislative body over an individual who The Concept of "Impeachment" cannot be removed in any other way. He Impeachment is the power of Congress to remove an describes the 1376 impeachments as official from office on account of his gross political distinct from former impeachments misdemeanors. It may also be understood as a process because for the first time, the proceedings of making a public officer accountable. The availability of were initiated by the Parliament. In the impeachment as a system of checks and balances affirms House of Commons, Speaker Peter de la the ideal characterization of public office as a public trust. Mare accused Lyons and Latimer of being The modern context of impeachment is said to be of involved with fraudulent transactions for the British origin. Historians identified the 1376 impeachments furthering of their own interests. Basically, of Richard Lyons, a London merchant, and Lord William modern impeachment is a seizure of power Latimer, a peer of the realm, as the first modern by the legislative branch...

...The modern concept of impeachment, as explained by most historians has its the report is the Committee on Justice. The report prepared by such Committee political and quasi-legal elements. may either be favorable or unfavorable to the complaint. Even if unfavorable Writers on the history of impeachment agree amongst themselves that however, the complaint may be given due course if the House by a vote of one- Alexander Hamilton, in Federalist 65, borrowed the process of impeachment third decides to do so. Referral to the Committee is unnecessary if the verified from the British. The American founding fathers, however, had no intention to complaint is filed by at least one-third of all the House Members. This is the adapt the British impeachment proceedings completely. It was conceded though, third mode of initiating impeachment. that impeachment proceedings in America were greatly influenced by the British. The second phase of impeachment is trial in the Senate. The verified In the American Constitution, the House of Representatives was given the power complaint is sent to the Senate for trial either by a favorable recommendation of impeachment. The Senate on the other hand, was given the sole power to try of one-third of all the Members of the House or a complaint filed by at least all impeachments. one-third of all the House Members. It is provided in the Constitution, however, The American impeachment process was then adopted in the Philippine that no impeachment proceedings shall be initiated against the same official Constitution. Fr. Bernas, in his commentary to the 1987 Philippine Constitution, more than once within a period of one year. According to Fr. Bernas, the wrote that the object of impeachment process is not to punish but only to remove intention of this limitation is to prevent impeachment from becoming an a person from office due to his gross political misdemeanors. According to him, instrument of mere harassment. As it was held by the Supreme Court in Francisco impeachment is what the French call an act of "political justice". The Constitutional et. al. vs. House of Representatives (G.R. 160261, 10 November 2003), provisions on impeachment are found in Sections 2 and 3, Article XI of the 1987 impeachment proceedings are initiated upon filing of the complaint and/or Constitution. resolution and its referral to the Committee on Justice. The Senate tries the Officers Subject to Impeachment impeachment case and can convict an impeached officer upon a vote of at least The officers who are removable only by impeachment are enumerated two-thirds of all its Members in Section 2. They are: The President, the Vice-President, the Members of the Penalties that may be Imposed Supreme Court, the Members of the Constitutional Commissions, and the The penalties that may be imposed by the Senate are limited to removal Ombudsman. In the same provision, it is stated that, All other public officers from office and disqualification to hold any office under the Republic of the and employees may be removed from office as provided by law, but not by Philippines. Fr. Bernas comments that since one of the two penalties that may impeachment. Fr. Bernas wrote that the intention of the Commission in prohibiting be imposed by Congress is "disqualification to hold any office under the Republic the legislature from increasing the number of impeachable officers is to prevent of the Philippines", resignation of an impeachable officer does not place him the creation of a special class of statutorily protected officials. beyond the reach of impeachment for offenses committed during his tenure. Offenses Covered by Impeachment He infers that an officer who committed an offense warranting impeachment Section 2 also enumerates the grounds for impeachment. They are: should be forever banned from holding public office in accord with public interest. culpable violation of the Constitution, treason, bribery, graft and corruption, other As such, although the officer is resigned, such officer may still be impeached. high crimes, or betrayal of public trust. "Treason" and "bribery" are understood According to Section 19, Article VII of the 1987 Constitution, the penalties according to their meaning in the Revised Penal Code. On the other hand, imposed in impeachment proceedings are beyond the reach of the President's "culpable violation of the Constitution" as explained by Fr. Bernas, is understood power of executive clemency. Also, the penalties imposed by the Senate do not to mean willful and intentional violation of the Constitution and not those acts place the officer beyond liability to criminal prosecution for the same offense. It done in good faith or through an honest mistake of judgment. "High crimes", is provided in the Constitution under Section 3 (7), Article XI that, the party according to the Report of the Special Committee on the Impeachment of President convicted shall nevertheless be liable and subject to prosecution, trial, and Quirino, are those indictable offenses which are of such enormous gravity that punishment according to law. As such, a convicted officer cannot plead the they strike at the very life of orderly working of the government. defense of double jeopardy when criminally prosecuted. "Graft and corruption" was added in the 1973 Constitution along with "betrayal Officers subject to impeachment may only be removed from office through of public trust", which Fr. Bernas describes as a catch-all phrase to cover any conviction in the impeachment proceedings. This right to be removed only by violation of the oath of office. Based on the Records, "betrayal of public trust" impeachment, according to Fr. Bernas, is the strongest guarantee of security of referred to all acts, even if not punishable by statute as penal offenses, which tenure. The guarantee, according to him, effectively blocks the use of other would render the officer unfit to continue in office. According to Commissioner legal ways of ousting an officer. In In re: Gonzales (160 SCRA 771, 1988), the de los Reyes, it includes betrayal of public interest, inexcusable negligence of Supreme Court dismissed the suggestion that an incumbent Supreme Court duty, tyrannical abuse of power, obstruction of justice, breach of official duty by Justice may be subjected to disbarment proceedings. The Court however, in malfeasance or misfeasance, cronyism, favoritism to the prejudice of public the same case, qualified its holding by saying that the officers are not immune interest and which tend to bring the office into disrepute. Acts not meant to be from liability. There is merely a fundamental procedural requirement that must covered are profanity, obscenity, and habitual drunkenness while performing be observed before such liability may be determined and enforced. That official duty. procedure is removal from office via impeachment and conviction by the Senate. The Power of Impeachment and Trial The power of impeachment of Congress is one of the exceptions to the The first phase of impeachment is the initiation phase exercised by the rule that courts have a monopoly of the exercise of judicial functions. As aptly House of Representatives. Section 3 provides three modes in initiating described by Fr. Bernas, it is a "political proceeding". The judges in an impeachment proceedings. The first is through the filing of a verified complaint impeachment trial are political officers and their decision is a policy that they by any Member of the House of Representatives. The second mode is by any deem best for the nation. citizen upon a resolution of endorsement by any Member. In these two modes, Sources: [Sec.2 and 3, article XI of the 1987 Constitution]; [Bernas, J.(2003). the complaint is referred to the proper Committee which prepares a report for The 1987 Constitution of the Republic of the Philippines: A Commentary. Manila: the House. Under the House Rules on Impeachment, the Committee that prepares Rex ];[ Melton, B. (1998). The First Impeachment. Macon: Mercer University VOLUME 1 NUMBER 2 / FEBRUARY 2012 Impeachment 13

NIXON VS. UNITED STATES, 506 US 224 IN RE FIRST INDORSEMENT FROM FRANCISCO VS HOUSE OF Ponente: CJ Rehnquist HON. RAUL M. GONZALEZ DATED 16 REPRESENTATIVES MARCH 1988 REQUESTING HON. GR 160261, November 10, 2003 Ponente: J. Carpio-Morales The Facts JUSTICE MARCELO B. FERNAN TO On February 9, 1986, US District Judge COMMENT ON AN ANONYMOUS The Facts Walter Nixon of Mississippi was convicted in LETTER-COMPLAINT The case stems from June 2, 2003 when former federal court for perjury. Judge Nixon was A.M. No. 88-4-5433 April 15, 1988 President Joseph E. Estrada filed an impeachment convicted for lying under oath before a grand jury En Banc Resolution complaint (first impeachment complaint) against CJ concerning allegations that he accepted an illegal Davide and 7 Associate Justices of the Supreme Court. gratuity from a local businessman. When Nixon The Facts The complaint was endorsed by Representatives Rolex T. Suplico, Ronaldo B. Zamora and Didagen Piang refused to resign even after his incarceration, the The Court considered the 1st Indorsement dated 16 March 1988 from Mr. Raul M. Gonzalez, Dilangalen, and was referred to the House Committee US House of Representatives approved three on Justice on August 5, 2003. The House Committee articles of impeachment against Judge Nixon on "Tanodbayan/Special; Prosecutor" forwarding to on Justice ruled on October 13, 2003 that the first May 10, 1989. Judge Nixon was subsequently Mr. Justice Marcelo B. Fernan a "letter-complaint, impeachment complaint was "sufficient in form," but impeached and the articles of impeachment was dated 14 December 1987 with enclosure of the voted to dismiss the same on October 22, 2003 for forwarded to the Senate for a vote on Nixon's Concerned Employees of the Supreme Court." being insufficient in substance. On October 23, 2001, removal. Pursuant to its internal rules of The 1st Indorsement contained an anonymous Reps. Gilbert Teodoro and Felix Fuentabella filed a letter from "Concerned Employees of the Supreme second impeachment complaint against CJ Davide after operation, the Senate established an evidentiary four months and 3 weeks after the 1st impeachment committee of twelve senators to receive Court" addressed to Hon. Gonzalez referring to charges for disbarment against Justice Fernan complaint was filed. On November 28, 2001, the 12th testimony from witnesses and issue findings on Congress of the House of Representatives adopted brought by Mr. Miguel Cuenco. Nixon's case. The Senate relied on the findings and approved the Rules of Procedure. In a February 17, 1988 Resolution of the Court made by the evidentiary committee and voted Atty. Ernesto B. Francisco, Jr., a member of the in Administrative Case No. 3135 entitled "Miguel to remove Judge Nixon from office. Nixon bar filed a petition for Certiorari, Prohibition and Cuenco vs. Honorable Marcelo B. Fernan", the thereafter challenged his removal, claiming that Mandamus questioning the constitutionality of the court resolved to dismiss the charges made by Rules of Procedure in Impeachment Proceedings when the Senate delegated to a committee the complainant Mr. Cuenco against Mr. Fernan for introduced by the 12th Congress specifically Section power to hear testimony, it abandoned its utter lack of merit. 16. Said provision provides that "In cases where a constitutional obligation to "try" the Member of the House files a verified complaint of impeachment as a full body pursuant to Article Issue impeachment or a citizen files a verified complaint that is endorsed by a Member of the House through a I, section 2, clause 5 which vests in the Senate Whether or not a Supreme Court Justice may the sole power to try all impeachment cases. resolution of endorsement against an impeachable be disbarred without first being impeached officer, impeachment proceedings against such official are deemed initiated on the day the Committee on Justice Issue Ruling finds that the verified complaint and/or resolution Whether or not the impeachment trial is a No. A public officer who under the against such official, as the case may be, is sufficient in political question beyond the reach of judicial Constitution is required to be a Member of the substance, or on the date the House votes to overturn review Philippine Bar as a qualification for the office held or affirm the finding of the said Committee that the verified complaint and/or resolution, as the case may by him and who may be removed from office only be, is not sufficient in substance." Ruling by impeachment, cannot be charged with Yes. The US Supreme Court found that the disbarment during the incumbency of such public Issue courts may not review the impeachment of a officer. Further, such public officer, during his Whether or not the impeachment proceedings is Federal Officer because the Constitution gives incumbency, cannot be charged criminally before "initiated" upon the finding of the Committee on Justice the sole authority to try impeachment cases to the Sandiganbayan or any other court with any that the verified complaint is sufficient in substance the Senate. The word "sole" indicates that the offence which carries with it the penalty of removal judicial branch was not in any way to be included from office, or any penalty service of which would Ruling in the trial of impeachment cases. Furthermore, amount to removal from office. To grant a No. Sec. 16 of the Rules of procedure in impeachment proceedings is unconstitutional. The court the court ruled that the word "try" was originally complaint for disbarment of a Member of the held that the framers of the constitution intended understood to include fact-finding committees, Court during the Member's incumbency, would in "initiation" to start with the filing of the complaint and there was a textually demonstrable commitment effect be to circumvent and hence to run afoul of not on the day the Committee on Justice finds that the to give broad discretion to the Senate in the constitutional mandate that Members of the verified complaint and/or resolution against such official, impeachments. The meaning of the word "try" Court may be removed from office only by as the case may be, is sufficient in substance. was not so precise as to yield a "workable impeachment for and conviction of certain The framers of the Constitution also understood standard of review" that limited the Senate. The offenses listed in Article XI (2) of the Constitution. initiation in its ordinary meaning. Thus when a proposal It is important to make clear that the Court is reached the floor proposing that "A vote of at least court further ruled the involving the judiciary one-third of all the Members of the House shall be would prevent finality without clear remedy and not here saying that it Members or the other necessary… to initiate impeachment proceedings," this that such a review by the judiciary might threaten constitutional officers we referred to above are was met by a proposal to delete the line on the ground the stability of the legislative branch. entitled to immunity from liability for possibly that the vote of the House does not initiate impeachment *Note: The ruling of the case was unanimous criminal acts or for alleged violation of the Canons proceeding but rather the filing of a complaint does. by a vote of 9-0. In the concurring opinions, of Judicial Ethics or other supposed misbehavior. Since the initiation takes place by the act of filing of however, of Justices White, Blackmun and What the Court is saying is that there is a the impeachment complaint and referral to the House Committee on Justice, the initial action taken thereon, Souter, they expressed concern that the courts fundamental procedural requirements that must be observed before such liability may be determined the meaning of Section 3 (5) of Article XI becomes should not be totally deprived of the power to clear. Once an impeachment complaint has been initiated review cases of impeachment. There might be and enforced. A Member of the Supreme Court in the foregoing manner, another may not be filed justification for judicial review if the Senate were must first be removed from office via the against the same official within a one year. Considering to act in a manner seriously threatening the constitutional route of impeachment under that the first impeachment complaint was filed on June integrity of the result, such as where the Senate Sections 2 and 3 of Article XI of the 1987 2, 2003 and referred to the House Committee on Justice on August 5, 2003, the second impeachment complaint removed an impeached officer summarily without Constitution. The above rule rests on the fundamental principles of judicial independence filed on October 23, 2003 violates the constitutional a hearing or through some arbitrary process such and separation of powers. prohibition against the initiation of impeachment as a "coin toss." (Jan Vincent S. Soliven) (Jan Vincent S. Soliven) proceedings against the same impeachable officer within a one-year period. (Rollie C. Ang) 14 Legal Updates VOLUME 1 NUMBER 2 / FEBRUARY 2012

POLITICAL LAW LABOR LAW CIVIL LAW TAXATION LAW

SILKAIR (SINGAPORE) PTE. LTD., Petitioner EMILIO GANCAYCO, Petitioner vs. CITY JOSE MEL BERNARTE, Petitioner, vs. MEGAN SUGAR CORPORATION, Petitioner vs. RTC ILOILO BRANCH 68, NEW FRONTIER vs. COMMISSIONER OF INTERNAL REVENUE, GOVERNMENT OF QC and MMDA, PHILIPPINE BASKETBALL ASSOCIATION SUGAR CORPORATION and EQUITABLE PCI Respondent. Respondents. (PBA), JOSE EMMANUEL M. EALA, AND BANK, Respondents. PERRY MARTINEZ, Respondents. G.R. No. 1664 82; January 25 2012 Ponente: Martin S. Villarama, Jr. GR No. 177807, October 11, 2011 GR No. 170352, June 1, 2011 Ponente: J. Sereno G.R. No. 192084, September 14, 2011 Ponente: J. Peralta The Facts Ponente: J. Carpio Petitioner Silkair (Singapore) Pte. Ltd. Is a The Facts The Facts foreign corporation duly licensed by the Securities Respondent New Frontier Sugar Corp (NFSC) Retired Justice Emilio Gancayco bought The Facts and Exchange Commission (SEC) to do business in obtained a loan from respondent Equitable PCI the Philippines as on-line international carrier a parcel of land located at EDSA in the early Petitioner Bernarte was invited to join the Bank (EPCIB) which loan was secured by a real operating the Cebu-Singapore-Cebu and Davao- 1950s. In 1956 the Quezon City Council Philippine Basketball Association (PBA) as a estate mortgage and chattel mortgage. Because of Singapore-Davao routes. In the course of its promulgated Ordinance 2904 which referee. Consequently, he was made to sign liquidity problems and continued indebtedness to international flight operations, petitioner mandated the construction of arcades over contracts on a year-to-year basis. During the term EPCIB, NFSC entered into a memorandum of purchased aviation fuel from Petron Corporation (Petron) from July 1, 1998 to December 31, 1998, the sidewalk of certain buildings for the agreement with Central Iloilo Mining Corp of Commissioner Eala, however, changes were paying the excise taxes thereon in the sum of (CIMICO), whereby the latter agreed to take over protection of pedestrians against the sun made on the terms of their employment. For P5,007,043.39. and rain. The ordinance orders building instance, he was not made to sign a contract during the operation and management of the NFSC raw On October 20, 1999, Petitioner filed an owners to give up a part of their property for sugar factory and facilities. CIMICO filed a case administrative claim for refund of the amount of the first conference of the All-Filipino Cup which against NFSC for sum of money and/or breach of the construction of said arcades. excise taxes paid for the purchase of jet fuel from was from February 23, 2003 to June 2003. It contract. Meanwhile, because of NFSC's failure to Petron, which it alleged to have been erroneously Unfortunately, the property of Emilio was only during the second conference when he pay its debt, EPCIB instituted extra-judicial paid. Its claim is based on Sec. 135 (a) and (b) of Gancayco falls within the scope of Ordinance was made to sign a one and a half month contract foreclosure proceedings over NFSC's land and sugar the 1997 Tax code which provides for the 2904. He then sought the City Council for for the period July 1 to August 5, 2003. mill wherein EPCIB was the sole bidder. CIMICO exemption of international carriers from the the exemption of his two storey building amended the complaint to implead EPCIB and other payment of excise taxes on petroleum products On January 15, 2004, Bernarte received a purchased in the Philippines. Petitioner also which was then being constructed. His letter from the Office of the Commissioner indispensable parties. CIMICO later entered into a memorandum of agreement with petitioner Megan invoked Article 4(2) of the Air Transport petition for exemption was granted subject Agreement between the Government of the advising him that his contract would not be Sugar Corporation (MEGAN) whereby the latter to the condition that if public interest renewed citing his unsatisfactory performance Republic of the Philippines and the Government assumed CIMICO's rights, interests and obligations of the Republic of the Singapore which provides necessitates the construction of the arcade, on and off the court. It was a total shock for over the property. Passi Sugar filed a motion for he shall demolish that part of his property for similar exemption. Bernarte who was awarded Referee of the year in intervention as vendee of EPCIB and in such Due to the inaction by respondent where the arcade is to be erected. 2003. He felt that the dismissal was caused by motion, Atty. Sabig appeared before the RTC and Commissioner of Internal Revenue, petitioner filed Sometime in April 2003 the Metro Manila his refusal to fix a game upon order of Ernie De entered his appearance for MEGAN. NFSC filed a a petition for review with the Court of Tax Appeals (CTA). However, CTA denied its claim for failure Development Authority (MMDA) Leon. motion to hold the sugar proceeds under escrow, conducted a clearing operation pursuant to which motion was granted by the RTC. MEGAN to comply with the second requirement under Sec. Respondents aver, on the other hand, that 135(a) of the Tax Code as it failed to prove that Resolution No. 02-28. MMDA alleges that filed before the CA a petition for certiorari and Bernarte was not illegally dismissed because he argued that its board of directors did not authorize the jet fuel delivered by Petron came from the by virtue of MMDA Resolution No. 02-28, was not an employee of the PBA. His contract Atty. Sabig to represent the corporation before the latter's bonded storage tank. On appeal, the Court of Appeals (CA) affirmed the denial of the claim Series of 2002, it is empowered to demolish of retainer was simply not renewed. PBA had RTC. MEGAN claimed that the RTC erred when it Justice Gancayco's property. They sent a for tax refund and dismissed the petition ruling the prerogative of whether or not to renew his deemed that it was subrogated to the rights of that while Petitioner is exempt from paying excise demolition order to Emilio Gancayco ordering contract. CIMICO and argued further that the RTC had no taxes on petroleum products on petroleum products him to vacate that portion of his property jurisdiction over MEGAN. The CA ruled that Atty. purchased in the Philippines by virtue of Sec. Sabig actively participated in the RTC and as such, which was supposed to be an arcade. Issue 135(b), petitioner is not the proper party to seek MEGAN was estopped from questioning the RTC's for the refund of the excise taxes paid. Gancayco was given 15 days to clear the Whether or not the repeated signing of a property but he refused to comply. Instead, jurisdiction. contract of retainer by a basketball referee is Issue he filed for a petition for a temporary sufficient to make him a regular employee Issue Whether or not the purchaser-the one who restraining order and writ of preliminary Whether or not the acts of an unauthorized bears the tax burden, is the proper party to seek injunction in the Trial Court of Quezon City counsel in court bind his client-corporation the refund of excise taxes paid on its purchase of Ruling aviation fuel from a local manufacturer/seller. alleging that the construction of the arcade To determine the existence of an employer- is unconstitutional for the reason that the Ruling employee relationship, case law has consistently Ruling government does not provide for just Yes. The doctrine of estoppel is based upon applied the four-fold test, to wit: (a) the selection No, the purchaser is not a proper party for compensation. The RTC ruled in favor of the grounds of public policy, fair dealing, good faith the refund of excise taxes paid. Excise taxes, which and engagement of the employee; (b) the payment and justice, and its purpose is to forbid one to speak Gancayco and so did the Court of Appeals. apply to articles manufactured or produced in the of wages; (c) the power of dismissal; and (d) the against his own act, representations, or Philippines for domestic sale or consumption or Hence, this petition was filed in the Supreme employer's power to control the employee on commitments to the injury of one to whom they for any disposition and to things imported into the Court. the means and methods by which the work is were directed and who reasonably relied thereon. Philippines, is basically an indirect tax. While the tax is directly levied upon the manufacturer/ accomplished. The so-called "control test" is the Based on the events and circumstances Issue surrounding the issuance of the assailed orders, this importer upon removal of the taxable goods from most important indicator of the presence or Whether or not the MMDA has the Court rules that MEGAN is estopped from assailing its place of production or from customs custody, absence of an employer-employee relationship. both the authority of Atty. Sabig and the jurisdiction the tax, in reality, is actually passed on to the end power to enact ordinances without any valid consumer as part of the transfer value or selling In the case at bar, the petitioner, a basketball of the RTC. While it is true, as claimed by MEGAN, delegation of power. price of the goods, sold, bartered, or exchanged. referee of the PBA, is an independent contractor. that Atty. Sabig said in court that he was only In the first Silkair case, decided on February There was no control over the means and methods appearing for the hearing of Passi Sugar's motion Ruling 6, 2008, SC categorically declared: that the proper by which petitioner performs his work as a referee for intervention and not for the case itself, his party to question, or seek a refund of, an indirect No. The MMDA does not have the officiating a PBA basketball game. The contractual subsequent acts, coupled with MEGAN's inaction tax is the statutory taxpayer, the person on whom power to enact ordinances; they may only and negligence to repudiate his authority, effectively the tax is imposed by law and who paid the same stipulations in the retainer contracts do not support the implementation or supplement bars MEGAN from assailing the validity of the even if he shifts the burden thereof to another. pertain to, much less dictate, how and when such orders. There is no valid delegation of RTC proceedings under the principle of estoppel. Section 130(A)(2) of the NIRC provides that petitioner will blow the whistle and make calls. "unless otherwise specifically allowed, the return power to the MMDA. The City Government In the first place, Atty. Sabig is not a complete On the contrary, they merely serve as rules of stranger to MEGAN. As a matter of fact, as shall be filed and the excise tax paid by the of Quezon City even went on to emphasize manifested by EPCIB, Atty. Sabig and his law firm manufacturer or producer before removal of conduct or guidelines in order to maintain the domestic products from place of production." Thus, that the demolition order of the MMDA was SABIG SABIG & VINGCO Law Office has integrity of the professional basketball league. Petron Corporation, not Silkair, is the statutory without their consent or supervision. represented MEGAN in other cases where the Moreover, the following circumstances indicate taxpayer which is entitled to claim a refund based Resolution No. 02-28 does not empower opposing parties involved were also CIMICO and that petitioner is an independent contractor: (1) on Sec. 135 of the NIRC of 1997 and Article 4(2) the MMDA to demolish properties. Such EPCIB. As such, contrary to MEGAN's claim, such the referees are required to report for work only of the Air Transport Agreement between RP and power is vested only to Building Officials manifestation is neither immaterial nor irrelevant, Singapore. pursuant to the Building Code. when PBA games are scheduled, which is three because at the very least, such fact shows that SC clarified that petitioner Silkair, as the The Supreme Court held that the power times a week spread over an average of only 105 MEGAN knew Atty. Sabig. MEGAN can no longer purchaser and end-consumer, ultimately bears the deny the authority of Atty. Sabig as they have tax burden, but this does not transform its status to enforce the provisions of the Building playing days a year, and they officiate games at an average of two hours per game; and (2) the already clothed him with apparent authority to act into a statutory taxpayer. Sec. 22(N) of the NIRC Code was lodged in the Department of Public defines a taxpayer as "any person subject to tax." only deductions from the fees received by the in their behalf. It must be remembered that when Works and Highways, not in MMDA. Since Atty. Sabig entered his appearance, he was As held in the case of Commissioner of Internal referees are withholding taxes. In other words, there was no evidence that the MMDA had accompanied by Concha, MEGAN's director and Revenue v. Procter and Gamble Phil. Mfg. Corp., a "person liable for tax" has been held to be a "person been delegated by the DPWH to implement unlike regular employees who ordinarily report general manager. for work eight hours per day for five days a subject to tax" and properly considered a "taxpayer." the Building Code, it necessarily had no A corporation may be held in estoppel from The terms "liable for tax" and "subject to tax" authority to carry out the demolition. week, petitioner is required to report for work denying as against innocent third persons the both connote a legal obligation or duty to pay a Additionally, the penalty prescribed by only when PBA games are scheduled or three authority of its officers or agents who have been tax. In this case, Petron, which paid the excise tax clothed by it with ostensible or apparent authority. Ordinance No. 2904 itself does not include times a week. In addition, there are no deductions upon removal of the products from its Bataan for contributions to the Social Security System, Atty. Sabig may not have been armed with a board refinery, is the "person liable for tax". Petitioner is the demolition of illegally constructed resolution, but the appearance of Concha made the neither a "person liable for tax" nor a "person Philhealth or Pag-Ibig, which are the usual buildings in case of violations. Instead, it parties assume that MEGAN had knowledge of Atty. subject to tax." There is also no legal duty on the merely prescribes a punishment of a fine or deductions from employees' salaries. These Sabig's actions and, thus, clothed Atty. Sabig with part of the petitioner to pay the excise tax; hence, by imprisonment, or both, at the discretion undisputed circumstances buttress the fact that apparent authority such that the parties were made petitioner cannot be considered the taxpayer. petitioner is an independent contractor, and not to believe that the proper person and entity to Even if Petron Corporation passed on to of the court. The ordinance itself clearly Silkair the burden of the Tax, the additional amount address was Atty. Sabig. Apparent authority, or what states that it is the regular courts that will an employee of respondents. Furthermore, the billed to silkair for jet fuel is not a tax but part of determine whether there was a violation of applicable foreign case law declares that a referee is sometimes referred to as the "holding out" theory, the price which Silkair had to pay as a purchaser. is an independent contractor, whose special skills or doctrine of ostensible agency, imposes liability, Petron remains the taxpayer because the excise the ordinance. not as the result of the reality of a contractual and independent judgment are required tax is imposed directly on Petron as the Finally, the argument of Emilio Gancayco relationship, but rather because of the actions of a manufacturer. Hence, Petron, as the statutory on just compensation will not hold ground specifically for such position and cannot possibly principal or an employer in somehow misleading taxpayer, is the proper party that can claim the since there has been no actual taking yet. be controlled by the hiring party. (Arfine T. the public into believing that the relationship or refund of the excise taxes paid to the BIR. (Robarex Namsel V. Barreras) Ingusan) the authority exists. (Jan Vincent S. Soliven) (Jonalyn Maraña) VOLUME 1 NUMBER 2 / FEBRUARY 2012 Legal Updates 15

MERCANTILE LAW CRIMINAL LAW REMEDIAL LAW LEGAL ETHICS

GEMMA ONG A.K.A. MARIA GEMMA TERESA PEOPLE OF THE PHILIPPINES, Petitioner JUDITH YU, Petitioner vs. HON. ROSA SAMSON- PACITA CAALIM-PASCUA, Petitioner, vs. TATAD, Presiding Judge RTC QC Branch 105, and CATACUTAN, Petitioner vs. PEOPLE OF THE vs. BERNABE PANGILINAN Y Atty. VICTORIANO G. PASCUA, Respondent, PHILIPPINES, Respondent. CRISOSTOMO, Respondent. the PEOPLE OF THE PHILIPPINES, Respondents. A.C. No. 6655, October 11, 2011 GR No. 169440 , November 23, 2011 GR No. 170979 , February 9, 2011 G.R. No. 183090, November 14, 2011 Ponente: J. Brion Ponente: J. Villarama, Jr. Ponente: J. Leonardo-De Castro Ponent: J. Peralta The Facts The Facts The Facts An information for estafa was filed against The Facts Atty. Victoriano G. Pascua was charged of The Intellectual Property Rights Unit of the petitioner Yu based on a complaint filed by spouses Economic Intelligence and Investigation Bureau The accused, Bernabe Pangilinan, was falsifying a public document and evading payment charged of Rape under Art. 266-A of the Casaclang. The RTC convicted the petitioner as received reliable information that counterfeit of correct taxes through the use of falsified Revised Penal Code and Child Sexual charged. Petitioner Yu filed a motion for new trial "Marlboro" cigarettes were being distributed and with the RTC alleging that she discovered new and Abuse under Section 5 (b) of RA No. 7610. documents. Allegedly, Atty. Victoriano prepared sold by two Chinese nationals Johnny Sia and Jessie material evidence which would exculpate her of the and notarized two deeds of extra-judicial Concepcion. Several test buys were conducted and According to the victim, niece of the crime she was charged. Respondent Judge denied settlement and sale of the estate of the late Lope the examination of the random sample purchases accused's wife, there were three incidents petitioner Yu's motion for new trial, which order Caalim. Respondent Atty. Pascua averred that revealed that they were indeed fake and wherein Bernabe abused her. The first was was received by the petitioner on November 3, unauthorized by Philip Morris Philippines Inc., the when Bernabe kissed and touched her 2005. On November 16, 2005, the petitioner filed the true consideration for the transaction is exclusive manufacturer of Marlboro cigarettes in private parts. The second was when a notice of appeal with the RTC alleging that she P1,000,000 as agreed upon by the parties when the Philippines. During the surveillance, the Bernabe pointed a samurai at her, took her had a "fresh period of 15 days" from November 3 they appeared before him for the preparation of container van delivering the "Marlboro" packed in to a room and removed her clothes and within which to file her notice of appeal pursuant the first document as well as the notarization black plastic bags was seen parked at the premises kissed her on her lips and touched her to the court's ruling in Neypes vs CA. The thereof. He then claimed that he have been "moved prosecution moved for the execution of the owned by petitioner Gemma Ong. After finding by his humane and compassionate disposition" private organ. He then laid on top of her judgment convicting the petitioner. Petitioner Yu probable cause, a warrant of arrest was issued against and tried to insert his penis to her private when he acceded to the parties' plea - to prepare Mr. Jackson Ong who was believed to be in control filed the present petition for prohibition and writ organ. His organ touched her vagina; that of preliminary injunction to enjoin the respondent and notarize the second deed with a lower and possession of a substantial number of fake she felt pain in her vagina but there was no cigarettes in his warehouse. The arresting team Judge from acting on the prosecution's motion to consideration of P250,000. This was made to dismiss and for the execution of the decision. The proceeded to the subject premises but found that blood. And the third time was when reduce the corresponding tax liability. Spouses Casaclang aver that the petitioner cannot Jackson Ong was not there and it was accused Bernabe kissed her and mashed her breast. Complainant alleged that the deeds are spurious seek refuge in Neypes to extend the "fresh period She did not tell her aunt of appellant's because all the signatures of the heirs therein were Gemma Ong, the alleged common law wife of Mr. rule" to criminal cases because Neypes involved a Ong, who entertained them. On the basis of the sexual molestations, because he threatened forged. Complainant further stated that the deeds to kill her and her aunt. civil case and said that nowhere in Neypes was the examination results, petitioner Gemma Ong was period to appeal in criminal cases, Section 6 of containing the forged signatures could not have charged before the RTC for Infringement under Based on the examination of Dr. Rule 122 of the Revised Rules of Criminal been executed by her sister because she was then Section 155-170 of the Intellectual Property Code. Mascarina, she issued a Medical Certificate Procedure, mentioned confined at a hospital. Furthermore, according to The premises from which the counterfeit cigarettes which stated, among others, that there was the complainant, they had no knowledge of any were found were found to be registered under no hymenal laceration. Thus, Bernabe Issue of the said deeds until recently. The forged deeds petitioner Gemma Ong's name. As such, the RTC argued that he could not have committed Whether or not the "fresh period rule" convicted petitioner Ong as charged. Petitioner such allegation since based on the medical enunciated in Neypes applies to criminal cases were used by Atty. Pascua to annul an earlier Gemma Ong denied having engaged in the examination report, the victim's genitalia deed of sale in favor one Shirley Mipanga. manufacture and sale of any kind of cigarettes and had no hymenal laceration. Furthermore, Ruling claimed that she could not even distinguish between he testified that during the second incident Yes. In Neypes, the Court modified the rule in Issue a fake and genuine Marlboro cigarette. civil cases on the counting of the 15-day period Whether or not the acts of notarizing and above-mentioned, he was at his neighbor's within which to appeal. The Court categorically house dressing chickens. When he went (1) failing to state the true consideration of the Issue set a fresh period of 15 days from a denial of a home at around 10 p.m., the victim told him motion for reconsideration within which to appeal. transaction, and (2) without the presence of the Whether or not the acts of petitioner Gemma affiants, constitute a violation of the Code of Ong constituted trademark infringement. that CCC, a cousin, molested her. The The raison d'être for the "fresh period rule" is to accused and the victim were on their way standardize the appeal period provided in the Rules Professional Responsibility. and do away with the confusion as to when the 15- Ruling to file a complaint against CCC when they day appeal period should be counted. Thus, the 15- Yes. Petitioner Gemma Ong is guilty of met the CCC's mother who forcibly took Ruling the victim by beating her with an umbrella. day period to appeal is no longer interrupted by the Yes. With his admission that he drafted and violating Section 155 in relation to Section 170 of filing of a motion for new trial or motion for the Intellectual Property Code. The pertinent Accused insinuated that the victim was reconsideration; litigants today need not concern notarized another instrument which did not state provisions are as follows: just forced by his wife's relatives to file the themselves with counting the balance of the 15- the true consideration of the sale so as to reduce Section 155. Remedies; Infringement. - Any charges against him since they were against day period to appeal since the 15-day period is now the capital gains and other taxes due on the person who shall, without the consent of the owner their relationship. counted from receipt of the order dismissing a transaction, respondent cannot escape of the registered mark: motion for new trial or motion for reconsideration administrative liability. As the second deed 155.1. Use in commerce any reproduction, Issue or any final order or resolution. indicated an amount lower than the actual price counterfeit, copy, or colorable imitation of a Whether or not the absence of While Neypes involved the period to appeal registered mark or the same container or a dominant in civil cases, the Court's pronouncement of a "fresh paid for the property sold, respondent abetted hymenal laceration will absolve the in depriving the Government of the right to collect feature thereof in connection with the sale, offering accused of the crime of rape period" to appeal should equally apply to the period for sale, distribution, advertising of any goods or for appeal in criminal cases under Section 6 of Rule the correct taxes due. His act clearly violated services including other preparatory steps necessary 122 of the Revised Rules of Criminal Procedure, Rule 1.02, Canon 1 of the Code of Professional Ruling for the following reasons: First, BP 129, as amended, to carry out the sale of any goods or services on or No. A finding that the accused is guilty Responsibility which reads, "A lawyer shall not in connection with which such use is likely to cause the substantive law on which the Rules of Court is counsel or abet activities aimed at defiance of the of rape may be based solely on the victim's based, makes no distinction between the periods to confusion, or to cause mistake, or to deceive; law or at lessening confidence in the legal system." A "mark" is any visible sign capable of testimony if such testimony meets the test appeal in a civil case and in a criminal case. Section 39 of BP 129 categorically states that "[t]he period Not only that, he likewise displayed lack of distinguishing the goods (trademark) or services of credibility. No woman, much less a child for appeal from final orders, resolutions, awards, respect for and made a mockery of the solemnity (service mark) of an enterprise and shall include a of tender age, would willingly submit herself judgments, or decisions of any court in all cases stamped or marked container of goods. to the rigors, the humiliation and the stigma of the oath in an Acknowledgment. By notarizing shall be fifteen (15) days counted from the notice In McDonald's Corporation and attendant upon the prosecution of rape, if such illegal and fraudulent document, he is of the final order, resolution, award, judgment, or entitling it full faith and credit upon its face, McGeorgeFood Industries, Inc. v. L.C. Big Mak she were not motivated by an earnest decision appealed from." Burger, Inc., this Court held: To establish trademark desire to put the culprit behind bars. Second, the provisions of Section 3 of Rule which it obviously does not deserve considering infringement, the following elements must be Moreover, proof of hymenal laceration is 41 of the 1997 Rules of Civil Procedure and Section its nature and purpose. Also, as a notary public, shown: (1) the validity of plaintiff's mark; (2) the not an element of rape. An intact hymen 6 of Rule 122 of the Revised Rules of Criminal he is expected to uphold the solemnities of plaintiff's ownership of the mark; and (3) the use does not negate a finding that the victim Procedure, though differently worded, mean exactly notarization. Hence in the event that he notarized of the mark or its colorable imitation by the alleged was raped. Penetration of the penis by the same. There is no substantial difference between a deed without the presence of those whose names infringer results in "likelihood of confusion." Of entry into the lips of the vagina, even the two provisions insofar as legal results are are contained therein, he violated the law. He has these, it is the element of likelihood of confusion concerned - the appeal period stops running upon without laceration of the hymen, is enough indispensably participated in an act designed to that is the gravamen of trademark infringement. to constitute rape, and even the briefest of the filing of a motion for new trial or A mark is valid if it is distinctive and not reconsideration and starts to run again upon receipt deceive the law. It is his duty to advise his clients contact is deemed rape. of the order denying said motion for new trial or to obey the formalities of notarization but instead barred from registration. Once registered, not only In this case, all the elements of the crime the mark's validity, but also the registrant's reconsideration. It was this situation that Neypes he advised otherwise. Moreover, while ownership of the mark is prima facie presumed. of rape through sexual assault were addressed in civil cases. No reason exists why this respondent's duty as a notary public is The prosecution was able to establish that established. The victim remained steadfast situation in criminal cases cannot be similarly principally to ascertain the identity of the affiant in her assertion that the accused raped her addressed. the trademark "Marlboro" was not only valid for and the voluntariness of the declaration, it is being neither generic nor descriptive, it was also through force and intimidation by aiming a Third, while the Court did not consider in Neypes the ordinary appeal period in criminal cases nevertheless incumbent upon him to guard against exclusively owned by PMPI, as evidenced by the samurai at her, and even threatened her that under Section 6, Rule 122 of the Revised Rules of any illegal or immoral arrangement, or at least certificates of registration issued by the Intellectual he would kill her and her aunt, the accused's wife, should she report the incident. The Criminal Procedure since it involved a purely civil refrain from being a party to its consummation. Property Office of the Department of Trade and case, it did include Rule 42 of the 1997 Rules of Industry. victim testified that the accused had Rule IV, Section 4 of the 2004 Rules on Notarial Civil Procedure on petitions for review from the Practice in fact proscribes notaries public from Anent the element of confusion, both the inserted his organ into her vagina and that RTCs to the Court of Appeals (CA), and Rule 45 of RTC and the Curt of Appeals have correctly held it was painful when the accused did it. It the 1997 Rules of Civil Procedure governing appeals performing any notarial act for transactions similar that the counterfeit cigarettes seized from Gemma's was the penetration that caused the pain. by certiorari to this Court, both of which also apply to the herein document of sale, to wit: SEC. 4. possession were intended to confuse and deceive In many cases decided by the Supreme to appeals in criminal cases, as provided by Section Refusal to Notarize. - A notary public shall not the public as to the origin of the cigarettes intended Court, it held that rape is committed on the 3 of Rule 122 of the Revised Rules of Criminal perform any notarial act described in these Rules to be sold, as they not only bore PMPI's mark, but victim's testimony if she felt pain. This, at Procedure which provides that "the appeal to the for any person requesting such an act even if he they were also packaged almost exactly as PMPI's least, could be nothing but the result of Court of Appeals in cases decided by the Regional tenders the appropriate fee specified by these products. The finding of facts of both the RTC and Trial Court in the exercise of its appellate jurisdiction penile penetration sufficient to constitute shall be by petition for review under Rule 42." There Rules if: (a) the notary knows or has good reason the CA are binding with the SC in the absence of rape. Rape is committed even with the any showing of irregularity or inconsistency in such is, therefore, no cogent reason to treat differently to believe that the notarial act or transaction is findings. (Jan Vincent S. Soliven) slightest penetration of the woman's sex the periods to appeal from the RTC in civil and unlawful or immoral. (Robarex Namsel V. organ. (Arfine T. Ingusan) criminal cases. (Jan Vincent S. Soliven) Barreras) Do you know that the first PLM Law Journal was launched in October 1994 during the term of Dean Angel Aguirre, Jr.? It was led by then law student, Marian Luz Maga (editor -in-chief) with Justice Ruben T. Reyes and Atty. Edgar E. Tarriela as advisers. Meanwhile, the 2012 edition of the PLM Law Journal will be released this March. It is under its adviser, Atty. Jose Aguila Grapilon, and the Law Gazette Editors.