Monday, April 09, 2012

The Rise of the Third Reich

My research paper in 4th year high school was all about the Rise and Fall of the Third Reich. I find its brief enigmatic history very interesting as much as the leader who almost destroyed the world.

Sunday, April 08, 2012

XUCLA Immersion


Immersion is generally oftentimes described as living in the life of others over a limited period of time to be able to at least understand their reality and condition.  Being in XUCLA, an immersion is an integral part of our formation. It practically pulls us out of our comfort zones and places us in an experience where our legal knowledge is humanized by real life struggles of people whose simple hopes are hinged on the proper administration of justice.   

I can only share snippets of thoughts and images that I gained in my immersion in Dansolihon, Cagayan de Oro City. I just hope that these nuggets of thoughts would all form a greater image that would deepen my commitment and engagement with law and development.

Our house is 2 meters by 3 meters shed made of wood and bamboo. It is really more of a tool shed for the family’s livelihood. There is no electricity and the water source is pumped from a well which the father himself dug.

Going to the shed is so much a challenge especially when the soil is wet. I had to go through steep trails where I had to literally kiss the soil for me not transfer my weight away from the steep edge. (Picture it nalang)

Our Nanay would collect the seeds of the Nangka after we finished eating it.

Their legal issues revolve around the ownership and classification of the land they are living on. There land is their security. They are not just fighting for livelihood, they fighting for their very dignity. A demolition order was restrained early last year thanks to our resident lawyer. Now the case is on appeal.

My family earns their living from a very controversial method – mining and they are concerned over the movement to stop all forms of mining. This really opened a new perspective on my understanding of the issue. My experience showed me the practical relationship between law and economics. A hungry stomach respects no law as what the saying goes as I can remember. However, I should also like to add that the law should ensure that there is no hungry stomach. This framework of the relationship of both livelihood and law should guide us in our future discourse.

Saw the remnants of Sendong when we were swimming in the CdeO river. I even saw some roots 5 meters above the riverbank. 

It is good to be back in the place where I had my first NSTP experience teaching pupils basic math and English. I did this almost 5 years ago in their community day care center. 

Wednesday, March 28, 2012

LAW STUDENTS CAN MAKE A DIFFERENCE



I’ve recently concluded the Basic Orientation and Skills Training Workshop of the Xavier University Center for Legal Assistance. This is the beginning of a radical journey. Radical in a sense that this experience will open a new world of legal learning where few consider and a journey that may not very well end when law school does.
My feelings are best encapsulated by the words of The Superior General of the Society of Jesus, Hans Kolvenbach:

The promotion of justice is not a simple project, using available technology to effect change. It is rather an effort to change the heart of the civilization of sin responsible for the misery and injustice we see in our world. We must work at the conversion of hearts and mentalities.


This entire experience strikes at the very core reason why I took up Law. It touches the passions within me. I entered XUCLA with the very general and oftentimes cliché premise that I would like to work for the development of the nation. Development counters the growing poisonous fruits of injustice such as poverty and crime. Development, as a science, includes so many dimensions, paradigms, and approaches. Two crucial interconnected branches are the “rule of law” and “policy making”. It is in these two areas where I appropriate my mission as a student of the law.  

The BOS very well help me articulate the basic values and engagements that I have been desperately looking for in the rugged road of Law School. I keep on asking to myself, really, how does a law student make a difference? It is very easy for our medical student friends to paint a real picture of them making a concrete difference to the community in the form of health care services and the like. How about us? How can the words in a thick book bring about a concrete positive impact in the lives of others? The experience gave me some answers.

Affidavit Making. An affidavit is a written sworn statement of facts voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. It is fairly a simple document to write but it can spell a lot of help for a person seeking its aid. When a person from the marginalized community would seek support from an estranged spouse or report some marital violence, making an affidavit is the initial step in obtaining legal remedy.  

Legal Research. Legal research which may include researching the laws and gathering evidences is very important as a support action for formulating policies and building substance for a petition for some legal remedy. One good example is an initiative to file a Writ of Kalikasan which requires intensive research and evidence gathering in the very areas where the right of the people to healthy and balanced ecology is violated.

Policy Articulation. For certain reforms to really have impact in the community, it should be translated into policy implemented by government by virtue of its inherent police power. Reforms happen only when the holders of powers get involved  and reforms only make sense when it is articulated as policy. It is in this articulation that students of the law can contribute very well.  

Local Governance Engagement. Having the basic knowledge of Political Law, we can very well engage in a constructive and effective manner with local government and other agencies. I have sensed in my pervious experiences engaging with government agencies that when you declare to them that you are a law student, it creates a certain impression that this person means business. And it is oftentimes, this sense of “legitimacy” and “respect” where we can effectively carry our message across.

In sum, the whole experience made me realize that the study of law is more than just the textual appreciation of it. It calls us to see the law on what it is in its very essence which is the reflection of how we see ourselves and our worth as human beings and our concept of what is right and wrong. Having an elementary but respectable grasp of the basic principles of law can make us effective agents of change in our communities. As what the Superior General mentioned, the great project of the promotion of justice entails a conversion of the hearts and mentalities. Conversion presupposes influence and power. Our present standing as students of the law allows us to have this elementary by respectable grasp of the basic principles of law where I see our influence and power emanates from. Let us then use this powerful and influential knowledge of the law towards the building of a just, humane and sustainable society.

Sunday, March 25, 2012

Around 6,000 pages


It took around 30 minutes to sort out all papers, and other effects that this semester produced.

It took 3 days of doing completely nothing to get me back reflecting on what was.

Finally, my first year in law school is done. Complete, assuming I pass all my subjects. Though this might not be a cause for great jubilation, finishing first year in law school is obviously the treacherous first step towards finishing Law School and taking the bar all in the firm determination and hope of passing it.


It has been a tremendously rich year. First year law is essentially a transition year. This is where I started to begin shedding off the old ways of college and nurturing a new one which ought to meet the rigorous demands of the legal profession. I may ask myself sometimes, Am I happy with this kind of life? I really would say yes, I am. There is deep sense of joy studying the Law since I am quite convinced that this is a response to what I value and do for the rest of my life. I just keep on hoping that the “joy” would translate into good performance. Well that is just me, I do not know if my professors agree. The only thing that bugs me is the fact that I am seeing my life beginning to be reduced into a routine-based, reading-heavy life which what Law Student Life is mainly all about. My books are now my best friends, energy drinks are my companion, the library is my new sanctuary, and the coffee shops are my new facebook. I have plain boring Law life. I do not go out and drink, I just go out. The only thing I am seeing that would reinvigorate my soul is my soon-to-be engagements.  I want to fight this “suspended-animation” mode that I find myself in by actively engaging the world as a volunteer of the XU Center for Legal Assistance and Legal Network for Truthful Elections.



I can’t also believe that amount of data I have consumed. More or less, I’ve read around 6,000 pages this year! This is a life record and more of it will come year by year. If you’re going to ask me how much I actually remember, I can only draw an imaginary image of a skeleton of what I’ve read. Like any normal mind, I need to reread everything so there will be flesh in those conceptual skeletons of the law.

Now enough blabbering about how Law school can be a soul-draining experience at times. What brings color though is the friendships that you nurture. From 150 freshmen students during the first semester, we are now down to 100. It is predicted that next semester would only house one block of 50 students so anxiety is really high. It is really the friendship that lifts the load off. Though I am not a member of any fraternity or organizations, I keep to myself the network of friends that I have nurtured. Interesting to mention though is that “friendship” has so many connotations in law school and when exams come, it would be expected that this friendship would be tested. This is simply just a fact. However, in the midst of all the stress, I still thank you dear block mates for making the entire year memorable.


For the new law freshmen next year, it would be an exciting year with your new curriculum. Just enjoy every bit of your study and always keep the source of your motivation close so you will be reminded why you entered in the first place. 

Thursday, March 08, 2012

Practice Test



          Allan, the Municipal Treasurer of the Municipality of Gerona, was in a hurry to return to his office after a day-long official conference.  He alighted from the government car which was officially assigned to him, leaving the ignition key and the car unlocked, and rushed to his office.  Jules, a bystander, drove off with the car and later sold the same to his brother, Danny for P20,000.00, although the car was worth P800,000.00.

                                                                                                                                         



In the case of Allan:


The Revised Penal Code defines the crime of malversation of public funds or property as follows:

Art. 217. Malversation of public funds or property. – Presumption of malversation. -     Any public officer who, by the reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property wholly or partially, or shall otherwise be guilty of misappropriation or malversation of such funds or property 

Hence, the elements of the said felony are as follows:

A. that the offender be a public officer
 B. that he had custody or control of funds or property by reason of the duties of his office
C. that those funds or property were public funds or property for which he was accountable
D. that he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them.

In this case, Allan, the municipal treasurer is liable for malversation committed through negligence or cupla. The government car which was assigned to him is public property under his accountability by reason of his duties. By his act of negligence, he permitted the taking of the car by another person, resulting to malversation, consistent with the language of Article 217 of the Revised Penal Code.

In the case of Danny:

Section 2 (a) of PD 1612 also known as the Anti-Fencing law provides:
Definition of Terms. The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
Added further,
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Danny violated the Anti-Violated the Anti-Fencing Law. He is in possession of an item which is the subject of thievery. PD No 1612 under Section 5 provides that mere possession of any goods, article, item, object or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. We can also deduce from the facts that he knows that car is a proceed of the crime of theft since high confidence can be assumed in the relationship of brothers and the price of the car is far less that its real value which is glaringly obvious that his intent is to dispose of it as soon as possible and gain from it.


In the case of Jules:


 Section 2 of the RA 6539 also known as the Anti Carnapping Act of 1972 provides:  

"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things.
xxx
"Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways, 

Jules is guilty of car napping. He took the motor vehicle belonging to another without the latter’s consent in violation of RA No 6539


Civil Liabilities

Article 104 of the Revised Penal Code provides what is included in civil liability:

What is included in civil liability. - The civil liability established in articles 100, 101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.


Since Allan has caused the loss of the car through his acts, Allan is under obligation to restitute the vehicle or makes reparation if not possible. Jules must pay the amount he gained from the sale of the car which is P 20,000.00. Since Danny has in his possession the stolen car obtained through a crime of fencing, he must make reparation corresponding to the value of the car which is P 800,000.00. The court shall also determine the amount of damage. 

TRUST


Constructive Trust

If the price of the sale of property is loaned or paid by a person for the benefit of the other and the conveyance is made to the payor or lender to secure the payment of the debt. A trust arises by operation of law in favour of the person for whom it is paid for. The latter my redeem the property and compel the conveyance to him.

When an absolute conveyance is made to secure the performance of the obligation of the grantor towards the grantee, there is an implied trust. If the fulfilment of the obligation is offered by the grantor when it becomes due, the grantor may demand the conveyance of the property to him.

When a trustee, guardian or other persons who hold fiduciary relationship and purchase property with the use of trust fund and cause the conveyance of legal estate to him or to third persons, an implied trust is created by operation of law in favour of the one who own the said funds.

When the property is acquired through mistake or fraud, the person who obtains it, by force of law, is the trustee for the benefit of the person whom the property comes from.

Resulting Trust

There is an implied trust when the property is sold and the legal estate is granted to person but the price is paid by another for the purpose of having the benefits. The latter is the beneficiary and the former is the trustee. When property is conveyed to children whether illegitimate or legitimate, there is no trust implied but it is presumed that such conveyance is a gift in favour of the children.

There is an implied trust when a donation is granted to a person but it appears that although that a legal estate is transmitted to the donee, he nevertheless has no beneficial interest or only a part thereof
When a land passes to a person by succession and he causes the legal title to be in the name of another, there is an implied trust in favour of the true owner

When two or more person agree to purchase a property and by common consent, the legal title is taken in the name of one of them, an implied trust arises by operation of law in favour of all of the owners in proportion to the interest of each.

Whenever property is conveyed to a person in reliance upon his declared intention to hold it or transfer it to another or the grantor, there is an implied trust in favour of the person whose benefit is contemplated. 

Tuesday, March 06, 2012

Like a Legal Scientist


Just as quick as a swing of a pendulum, my first year in law school is about to end.

Final exams are next week and all of us are under immense pressure to secure our place for another year in law school. So far, these thoughts are just preliminary of what the final exam will eventually define. I can’t say much. The first year has pushed a curve in my study time. I can’t imagine I have finished reading almost 3 thousand pages of text books and countless more of cases. The study of law is hard. Not only do you have to retain the textual character of the law, you have to absorb and understand the principles behind it and its relationship with other laws. More than this, you have to train your mind to think like a keen scientist obsessed with detail, breaking down the facts of the case, uncovering the issues and applying proper provisions of law for its resolution.

These things are just beginning to sink in. 

Thursday, March 01, 2012

LENTE


Finally, another legal engagement where I can find myself

A couple of law student including myself established the Xavier University LENTE Chapter just this afternoon. This would be an exciting engagement noting that next year is a national election year. This is one of the things I am looking for in law school. This is an opportunity to apply what you have learned in principle in a real world setting. More than just praxis, this is where you can contribute in strengthening the institutions which are the essential pillars that could move this nation forward. 

LENTE (Legal Network for Truthful Elections Inc.) is the first nationwide network of lawyers, law students, paralegals and other trained volunteers set up by various non-partisan groups engaged in election monitoring work. It was launched on March 23, 2007 at IBP National Office with the signing of a Memorandum of Agreement between the LENTE Co-Convenors. LENTE is a way for lawyers to contribute to the great enterprise called nation-building. The heart of the Constitution is social justice, which is the diffusion of wealth and political power for the common good.
Elections are about the diffusion of political power. It is the fundamental building block of any democracy. Beyond the brilliance in arguing case or the shrewd maneuverings in the courtroom, there is something noble and ennobling in the practice of law when it gives substance to the freedom of choice and to equal opportunity to public office
Thus, the IBP and other major established election monitoring groups in the country such as NAMFREL, PPCRV, CBCP, the Alternative Law Groups of the Philippines, OneVoice Inc., and other civil society groups finally decided to answer the long-felt need for a citizen's arm dedicated especially to the legal aspect of the elections. IBP's partnership with LENTE is based on the commitment of the country's legal community to the democratic ideals and to the principle that an effective democracy begins with clean, honest and orderly elections that reflects the genuine will of the people.

Knowing those who Judge You


The class was filed with a hopeless feeling this afternoon.

The corrected blue books for obligations and contracts were released with bleak results. Only a quarter of the class passed. In the plus side, the exams revealed much of what our professor is seeking in our answers and the only hope we can muster comes from the fact that we have somehow understood how the professor grades an answer and with this comes the chance to improve in our final battle this final exams. See, this is law school. Aside from mastering the law, you also have to master the idiosyncrasies of your professors. That is just the way things are. And practically this would teach us that in life as a law student, understanding those who judge you and grade you is almost as important as understanding the law itself.   


Monday, February 27, 2012

FEARFUL SCENARIOS FOR THE 2012 XU CAMPUS ELECTIONS



Election Days of the Xavier University Student body for the next school year have arrived. A quick review of the list of candidates leaves one with little choice especially in the positions for the Central Student Government. Considering this situation, we cannot blame some students who are voicing out their discontent over the seeming “absence of a choice”. Calls for selecting “none” has been circulating around social media and has posed as a fearful scenario which the ELECOM and the CSG are mobilizing to avert.
In the legal sense, voting “none” per se does not create a failure of elections.

Article 1, Section 5, paragraph B of the 2011 Omnibus Election Code of the XU-CSG provides:

If in the case where the population of those who voted is less than twenty-five percent (25%) of the Xavier University student population as for the CSG President and Vice-President; and less than fifteen percent (15%) of the college student population for the Council Presidents. ELECOM shall then hold for a re-election for the particular position(s) declared failure on a date close to the declaration of failure of elections but not later than thirty (30) days from the declaration of failure of elections.

First we must understand why a threshold is established. The reason behind establishing a threshold is to assure that the results of the elections possess a substantial mandate coming from the students. It compels the agencies tasked to facilitate the elections to mobilize and exert effort to encourage students to cast their votes. One may ask why not peg it to a majority since we abide by such rule of majority. The Directorate was cautions in anchoring the threshold to such level. Ideally it should be the case; however, the legislators know all too well the reality of apathy and the greater risk of repeated failure of election if the bar is set too high. Having this scenario might permanently damage the confidence and even the relevance of such exercise. So a safe and practical level is half of the majority. It is not too low as to devoid those elected with a clear mandate and not too high that it is well beyond the boundaries of our electoral reality.

Now let us look into the fear of failure of elections. The conditions for failure of elections only looks into the percentage of the total student body population who casted their votes whether for a candidate or for “none”. “None” is incorporated in the 25% because the law assumes that even though it is not for any particular candidate, it is still a product of discernment as oppose to those who does not even bother to proceed to the polling precinct to make official their choice of “none”. A failure of elections only occurs when these thresholds are not met as established by law. The only remedy provided for by law is to have another election not more than thirty days of such declaration of failure of elections. This would entail another round of expenses and extended work. This is practically the burden that the authorities are compelled to overthrow by bolstering all efforts and means to encourage the students to vote.  

However, attaining a 25% or 15% voting population saves the general elections but not necessarily certain lone candidates.

Section 3, Article 2 provides:

 Re-election for the CSG President, CSG Vice-President, and Directorate. If in the case the lone candidate running for a certain position failed to attain more than 50% of the population of those who voted, a re-election will be done. The candidate who failed to achieve the quota is unqualified for the re-election. The next day after the last day of election, ELECOM will then immediately release COCs for new candidates who want to run for the position. ELECOM will then set re-election schedules but should not be later than thirty school days after the last day of election. Eligibility of the new set of candidates will still be followed as stated in Article X Section 2 of the 2006 XU-CSG Constitution.

Hence, if 50% voted for none in a lone contest for the positions of CSG President, VP or College President, then he is miserably barred from running for re-election for that purpose. The candidate has to get a simple majority for him to win the position. This then should compel the unopposed candidates through their party or supporters to not only settle for a single vote win but for a simple majority win.

We should remember that this exercise is not as simple as it may seem. We are able to do this because men ages ago spilled their blood for us to exercise this inherent right to think and decide our destiny as a community.  

Tuesday, January 31, 2012

Midterms and moving on


Midterm exams are done! It is time to move on for the next half of the semester.

However, as much as I want to move on, this feeling of profound academic frustration consumes so much of my thoughts. I share this feeling to all my classmates who just went through the obligations and contracts exam. We learned the fact that memorizing the codal is not enough and is never enough. When you study the law, study EVERYTHING. Practically, study the cases to see how these laws are applied.

When I opened the questioner, my mind went momentarily blank after reading the long narration of facts. I do not know where to start. So deconstructing the problem helps by making diagrams. I still find the effort of breaking it down futile since some terms are just pure alien. In a desperate attempt to write something, I just threw all the provisions I know that would probably apply on the broken down facts. The rest is history. 

 The law is indeed a jealous mistress and it is in these exams that she tests your fidelity and dedication to her.

 Nonetheless, all of these are implied the moment we’ve decided to enter law school. So let us just clear the dust off our shoulders and prepare ourselves for the next half of the battle. 

I am a freshman in Law School. These are just elementary rantings.

Sunday, January 29, 2012

Bar Qs are helpful

I just have to share. Two bar exam subjects are done namely Criminal Law 2 and Constitutional Law 2. If I’ve just started reviewing a month before the midterms and cover almost all cases and bar questions, results I guess will far be better. It would really help that aside from the normal course of readings, we have to always familiarize ourselves with how bar questions are being constructed. Even though the Bar is 60% in MCQ form, this will also help is a certain way how we analyze questions. And the best part, some professors might just pick up their questions from the previous Bar Qs. 

Tuesday, January 24, 2012

Need of this world – Justice


It has been said that your vocation is the intersection between your deepest personal desires and the world’s greatest need. Vocation or calling is your place in the greater scheme of things where ultimately, your joy lies.

In the course of my life, I’ve always placed this graphical representation of vocation at a dominant position in my daily thought and reflection. More so now that my journey towards what I believe is my professional calling has started. My only nugget of wisdom that I can share is that the ultimate source of motivation should lay not so much on the potential prestige and worldly honor this profession supposedly holds rather it should properly lay on that intrinsic personal desire to cultivate a character and competency that can effectively meet a need of this world – justice.

I keep putting this in my head and it serves as a guiding compass for me in how to approach the things I do from my engagements to my studies. So for us students of the law, though we run a daily life filed with mental and emotional challenges, we should never lose sight on this fundamental and ideal framework of living. Study not just for yourself, study for others.  

The 3-way test: Prepare your weapons for battle


Midterms once again! In Law school, you need to reckon essentially with three forms of examination. The first one is the daily oral examination by means of Socratic Method where we are subject to the sadistic barrage of questions made by the gods to make us realize how inadequate our understanding of the Law is. The second one is the midterm examinations which would test how well we can recall, apply and articulate the law which we just happened to begin absorbing a week before. Lastly, the Finals were we invoke divine intervention and summon all the beautiful and truthful things of this world for the final battle of survival. The 3-way test: Prepare your weapons for battle. 

Thursday, January 19, 2012

Right to Social Security


In our International Humanitarian Rights class practicum, we are assigned to engage the Labor sector to help out in some of its legal issues. Since this sector is too broad, we chose to focus on a sub-sector which we encounter in our daily commute- the jeepney drivers. This sector, after our general investigation, is encountering numerous legal issues that the group might be overwhelmed if we tackle each. To avert stretching our efforts too thinly, we chose a particular concern present in this sector namely their concern over their SSS benefits. 

Corollary to their rights as workers is also their right to social security.  

With the help of the Alliance for Progressive Labor, we were linked with the Association of Jeepney drivers and operators of Barangay Bonbon. To enable them to resolve pertinent queries regarding the value of SSS, we facilitated a small forum with the operators and the SSS field officers for an afternoon of input and forum.  It was a fruitful exchange of information which led the jeepney organization to assert their rights of social security from their operators which were left ignored before. 

In sum, the whole experience made me realize that the study of law is more than just the textual appreciation of it. It calls us to see the law on what it is in its very essence which is the reflection of how we see ourselves and our worth as human beings and our concept of what is right and wrong. The SSS is an institution which serves the people of their right to social security. And as an entity created by law, it serves as a reflection of our concept of social justice, dignity of human effort and the security we deserve after a fruitful life of labor. It is exciting for me to be part of that whole process of animating that right into something real and tangible in the lives of the jeepney drivers even how small and simple it is.

Saturday, December 31, 2011

2011 YEAR END REVIEW


As a way of tradition, I will now attempt to consolidate as much as I can the highlights 2011 has brought into my life. This is in the hope of tracking the past to aid the formation of the future.

Concluded College Life. After 5 years of College education, I finally graduated this year. I went through a lot academically. I transferred from 3 different courses before I finally settled with Business Economics and graduated with flying colors. Living in a material world, it is very important to ground ourselves with adequate and practicable knowledge on how our society manages our limited resources to meet our unlimited wants.

Concluded the Central Student Government Presidency. After a fruitful year of being president,  I ended the term in high spirits for much has been reformed in just a year. Being in CSG is one of the most defining moments of my life. It has convinced me the calling in which I seek to go forth which is policy-making and governance. Too general I know but it is a good start.  

Job Offers. I had a couple of job offers; one in the private sector and some in the public sector all in which I turned down because I decided to enrol in Law School. I realized the trade off but I choose to enter the latter because I am confident that I can best maximize myself in that position.

Law School. Too much has been said about my law school experience. I just can say that In this point in time, I still find sense in what I read and do. I hope this will not fade that fast. And when asked why I want to study law, the common sense response would be I want to be a lawyer. For a deeper response, I want to study the law because I want to be part of man’s great quest of putting order in society through the laws which we institute. Nonetheless, the law is nothing more than the reflection of what we see ourselves as human beings in relation to what is just and good as we see it in this point in time.

My Pad. Thank you to the generosity of my parents and relatives, I finally had a place of my own. I designed the room myself with the aid of ideas from the internet. This hopefully will nurture a sense of independence and identity.

Sendong. This experience defined a generation and it has defined me so much as well. Much has been seen and said. In a personal note, this might lead me to engage more in environmental law and social adaptation to climate change.

New Relationships. Bittersweet life is best experienced when shared by people you love.  
amdg.

Friday, December 23, 2011

Making Sense of Sendong


The whole nation mobilized because of it. And for a minute, our humble city and its region got the attention and sympathy of the world.


 A couple of hours before midnight, all went black.

I managed to wake up around midnight because of the eerie constant hiss of the wind and the banging noise of my bedroom window. The shaking of a metal sheen resonated behind these noises and the streets; void of people. These were the subtle signs that something sinister is happening.

Around 6:30 in the morning, my parents woke me up so we can assess what damage this unusual storm might have caused down the street in Burgos. The sun was already shining its normal course while we were almost ploughing through the thickly muddied street. I saw people already scraping mud off their concrete floors and piling up their soaked and destroyed belongings. Their faces still managed to create a smile so I figured this might just be a “manageable” flood. Unknown to me was the chaos already griping the residents just blocks away.

My childhood nanny is living just a couple of blocks past the hanging bridge of Isla de Oro from where we first made sense of what just happened.  Anxiously I decided to check her situation. As I ploughed through the thick mud going to my nanny’s place, I passed by the hanging bridge connecting Burgos to Isla de Oro. So many people and what was left of their belongings were scattered around. They were all soaked in mud and some still shivering cold under the heat of the morning sun. Then it dawned on me that houses or things were not the only casualties, but human lives as well. I can vividly remember walking pass 2 teenagers crying. They were inside a muddied motorela bowing and weeping their hearts out and their faces clearly speak the grief of family members lost. A couple of feet away, I can hear people already speaking of missing loved ones and all stood still before a rescue team recovering bodies scattered at the river banks. It was a horrible unimaginable and heart wrenching scene. I felt I was in the aftermath scene of a disaster movie but this one is real and raw. I was then able to assess the situation of my nanny and her family. Thank God they are all safe but all their properties are gone.

Back home, I can see from our terrace the increasing activity in the Somo funeral chapel. Out of curiosity, I summoned the courage to go there and see the scene for myself. Ten pale bodies lay before me. There were babies, a pregnant woman, old people and children. Their faces are still clear and vivid in my memory. The scene was just too overwhelming for me but I felt that I have to see it for me to understand the full length of this disaster. It took a man crying over her dead wife and washing her muddied face with water that made me leave and tremble in grief.

The scenes in Burgos and in the funeral home are enough for me to make a clearer sense of the scale and magnitude of this catastrophe. I then went on and volunteered for the relief operations organized by Xavier University.

The aftermath of the disaster can never be defined solely by the extent of destruction Sendong brought into our city and region. More than that, the aftermath of Sendong is best measured by the indomitable Filipino spirit that came to life in all forms and sizes. These typhoons that have been battering our nation for centuries left not only destruction in its wake but it also planted the seeds of that Filipino spirit of sturdiness and resiliency, bayanihan and pakikiisa in the face of a raging storm. It is still those Filipino values that we summon in these trying times. We never ran out of images and stories of heroism. And true enough, Sendong has brought out the best in all of us as a people. There is still faith in the midst of death and uncertainty, there is still heroism in the face of disaster, and there is still generosity in the time of need even from those who were affected.  God is present and the Filipino spirit is alive in these moments of collective tragedy. 


Let us continue to help and pray for the victims of Sendong. 


Thursday, December 08, 2011

Ready to Engage in Law School

I am half way through my first year in Law School. I cannot consider this period as a hiatus since it is too early for that. However, the life I am beginning to live by has compelled me to review and articulate my disposition within the confines of Law School. As obviously as it is, my life now revolves around the study of law. I neither have a job nor an outside-of-law-school obligation. My life pretty much, from morning to evening revolves around reading, class, and reading. It is a hell lot boring that what I imagined.   I feel that my sharp impulse to engage is beginning to dull. I feel that the things I learned in undergrad are beginning to erode. I feel that the rich experiences I had is becoming meaningless. (Well, then again, as a freshman, settling in isolation is the best way to really get the hang of things) However, it is in these moments of intense monotony and a dreaded sense of personal depreciation that I begin to realize that the gentle breeze I need to light my ambers is clear and present in law school. This is also a realization that I am a person who never settles to what is obvious. I realized in my “disengagement” that I need to get out of the books and immerse in experiences that give life and meaning to those books.   Law school is more than just book-to-class experience; it is obviously what you make of it. In my case, in my process of finding my place in this jungle, it is slowly coming to light. As first year is about to end, hopefully with me still standing, prospects for greater engagements are in view. One in particular is my continued engagement with the young and promising leaders of the university. It is an exciting journey to be part of their growth and life. This has been one of my greatest blessings in my life. In law school, I have decided to commit as a volunteer for this year in the Center for Legal Assistance. This is the kind of stuff that I have been looking for. This is the kind of stuff that appeals to my reverence and devotion.   Being a law student is not just about being a law student. Even though we are armed with a humble and elementary knowledge of the laws, we are neither ill-equipped nor impotent to render legal services to others. Much more, with our energy and ripe idealism, we might be the best bearers of hope in a community whose perception about the legal profession is less than what we might see it. More than just passing our exams, we are called to greater engagement in the frontiers. We are given the chance to be the sparks to ignite in full light the noble yet illusive idea that those who have less in life should have more in Law.

Sunday, November 06, 2011

Dream Home




Green. Modern. Minimal. 

Tuesday, November 01, 2011