An American election and a Kagayanon Mall.

They say it is the most wicked semester in the law school cycle.

Tomorrow, classes officially starts and the intensity and rhythmic life of a law student once again is set into proper motion. The semestral break did at least give a couple of breathers for me. I need that so much for the battle ahead. For one, the world’s attention was fixed into America’s Presidential elections. This political exercise an ocean away quite has a personal consequence in me. It reaffirmed my fascination on political action and organization as well as the journey of Barack as activist to world leader which has a subtle contribution to the reason to the way I see things. Obama’s emphasis on the importance of individual advocacies organized into one strong political force can move mountains and break the inertia of politics as usual.  Now going back home, a huge mall sprung out from the barren lands of the “city business district” which signaled a new age of shopping and leisure experience. The presence of this mall really does contribute to a sense of “material progress” for the citizens and with it the silent yet visible sense of smugness for some. Traffic is more terrible than ever and it seems this is just the beginning of a great commercial expansion without the roads expanding as well as the discipline that must come with it. In my case, life has become a lit bit more complicated. Considering the manageable walking distance between my crib and the mall, its numerous first-time-in-the-region brands are like magnets tempting me to spend and try. My quest to simplify life is more relevant now with a back drop of a diversifying city.

So I guess these are the two things that refreshed me during the break aside from the usual personal rejuvenation rituals such as exercise and a great sleep – an American election and a Kagayanon Mall.  

The semester is getting a bit more interesting now. . .

Legal Outreach

Last September 15, 2012, I together with the 4^th year Continuing Legal Education Program Class went to the Libona Legislative Hall to conduct what we call a “legal outreach”.  With 5 lawyers and a team of senior law students, the team were able to cater to the basic legal needs of the people. As I observed, the most basic concerns they have are clerical corrections on important documents, notarization, and land issues.
(photo by Jessica Tulang-Tomolin)

The Difference between Motion to Quash and Provisional Dismissal

The Supreme Court, in a recent case, had the occasion to differentiate motion to quash and provisional dismissal, two seemingly confusing processes in the 2000 Revised Rules of Criminal Procedure in the case of Los Banos vs Pedro (G.R. No. 173588 April 22, 2009)

The Court said through Associate Justice Brion: 

          a. Motion to Quash

A motion to quash is the mode by which an accused assails, before entering his plea, the validity of the criminal complaint or the criminal information filed against him for insufficiency on its face in point of law, or for defect apparent on the face of the Information.The motion, as a rule, hypothetically admits the truth of the facts spelled out in the complaint or information.  The rules governing a motion to quash are found under Rule 117 of the Revised Rules of Court.  Section 3 of this Rule enumerates the 
grounds for the quashal of a complaint or information, as follows:

(a)  That the facts charged do not constitute an offense;

(b)  That the court trying the case has no jurisdiction over the offense charged;

(c)  That the court trying the case has no jurisdiction over the person of the accused;

(d)  That the officer who filed the information had no authority to do so;

(e)  That it does not conform substantially to the prescribed form;

(f)  That more than one offense is charged except when a single punishment for various offenses is prescribed by law;

(g)  That the criminal action or liability has been extinguished;

(h)  That it contains averments which, if true, would constitute a legal excuse or justification; and

(i)  That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.

b. Provisional Dismissal

On the other hand, Section 8, Rule 117 that is at the center of the dispute states that:

SEC.8. Provisional dismissal. — A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.

The provisional dismissal of offenses punishable by imprison­ment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived.  With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.

A case is provisionally dismissed if the following requirements concur:

1) the prosecution with the express conformity of the accused, or the accused, moves for a provisional dismissal (sin perjuicio) of  his case; or both the prosecution and the accused move for its provisional dismissal;

2) the offended party is notified of the motion for a provisional dismissal of the case;

3) the court issues an order granting the motion and dismissing the case provisionally; and

4) the public prosecutor is served with a copy of the order of provisional dismissal of the case.

In People v. Lacson, we ruled that there are sine quanon requirements in the application of the time-bar rule stated in the second paragraph of Section 8 of Rule 117. We also ruled that the time-bar under the foregoing provision is a special procedural limitation qualifying the right of the State to prosecute, making the time-bar an essence of the given right or as an inherent part thereof, so that the lapse of the time-bar operates to extinguish the right of the State to prosecute the accused.

An examination of the whole Rule tells us that a dismissal based on a motion to quash and a provisional dismissal are far different from one another as concepts, in their features, and legal consequences. While the provision on provisional dismissal is found within Rule 117 (entitled Motion to Quash), it does not follow that a motion to quash results in a provisional dismissal to which Section 8, Rule 117 applies.

A first notable feature of Section 8, Rule 117 is that it does not exactly state what a provisional dismissal is. The modifier “provisional” directly suggests that the dismissals which Section 8 essentially refers to are those that are temporary in character (i.e., to dismissals that are without prejudice to the re-filing of the case), and not the dismissals that are permanent (i.e., those that bar the re-filing of the case).  Based on the law, rules, and jurisprudence, permanent dismissals are those barred by the principle of  
double jeopardy, by the previous extinction of criminal liability, by  the rule on speedy trial, and the dismissals after plea without the express consent of the accused. Section 8, by its own terms, cannot cover these dismissals because they are not provisional.  

A second feature is that Section 8 does not state the grounds that lead to a provisional dismissal. This is in marked contrast with a motion to quash whose grounds are specified under Section 3.  The delimitation of the grounds available in a motion to quash suggests that a motion to quash is a class in itself, with specific and closely-defined characteristics under the Rules of Court. A necessary consequence is that where the grounds cited are those listed under Section 3, then the appropriate remedy is to file a motion to quash, not any other remedy.  Conversely, where a ground does not appear under Section 3, then a motion to quash is not a proper remedy.  A motion for provisional dismissal may then apply if the conditions required by Section 8 obtain.

A third feature, closely related to the second, focuses on the consequences of a meritorious motion to quash.  This feature also answers the question of whether the quashal of an information can be treated as a provisional dismissal.  Sections 4, 5, 6, and 7 of Rule 117 unmistakably provide for the consequences of a meritorious motion to quash. Section 4 speaks of an amendment of the complaint or information, if the motion to quash relates to a defect curable by amendment.  Section 5 dwells on the effect of sustaining the motion to quash - the complaint or information may be re-filed, except for the instances mentioned under Section 6.  The latter section, on the other hand, specifies the limit of the re-filing that Section 5 allows – it cannot be done where the dismissal is based on extinction of criminal liability or double jeopardy.  Section 7 defines double jeopardy and complements the ground provided under Section 3(i) and the exception stated in Section 6.

Rather than going into specifics, Section 8 simply states when a provisional dismissal can be made, i.e., when the accused expressly consents and the offended party is given notice. The consent of the accused to a dismissal relates directly to what Section 3(i) and Section 7 provide, i.e., the conditions for dismissals that lead to double jeopardy.  This immediately suggests that a dismissal under Section 8 – i.e., one with the express consent of the accused – is not intended to lead to double jeopardy as provided under Section 7, but nevertheless creates a bar to further prosecution under the special terms of Section 8. 

This feature must be read with Section 6 which provides for the effects of sustaining a motion to quash – the dismissal is not a bar to another prosecution for the same offense – unless the basis for the dismissal is the extinction of criminal liability and double jeopardy. These unique terms, read in relation with Sections 3(i) and 7 and compared with the consequences of Section 8, carry unavoidable implications that cannot but lead to distinctions between a quashal and a provisional dismissal under Section 8. They stress in no uncertain terms that, save only for what has been provided under Sections 4 and 5, the governing rule when a motion to quash is meritorious are the terms of Section 6.  The failure of the Rules to state under Section 6 that a Section 8 provisional dismissal is a bar to further prosecution shows that the framers did not intend a dismissal based on a motion to quash and a provisional dismissal to be confused with one another; Section 8 operates in a world of its own separate from motion to quash, and merely provides a time-bar that uniquely applies to dismissals other than those grounded on Section 3.  Conversely, when a dismissal is pursuant to a motion to quash under Section 3, Section 8 and its time-bar does not apply. 

Other than the above, we note also the following differences stressing that a motion to quash and its resulting dismissal is a unique class that should not be confused with other dismissals:

First, a motion to quash is invariably filed by the accused to question the efficacy of the complaint or information filed against him or her (Sections 1 and 2, Rule 117); in contrast, a case may be provisionally dismissed at the instance of either the prosecution or the accused, or both, subject to the conditions enumerated under Section 8, Rule 117.

Second, the form and content of a motion to quash are as stated under Section 2 of Rule 117; these requirements do not apply to a provisional dismissal.

Third, a motion to quash assails the validity of the criminal complaint or the criminal information for defects or defenses apparent on face of the information; a provisional dismissal may be grounded on reasons other than the defects found in the information.

Fourth, a motion to quash is allowed before the arraignment (Section 1, Rule 117); there may be a provisional dismissal of the case even when the trial proper of the case is already underway provided that the required consents are present.

Fifth, a provisional dismissal is, by its own terms, impermanent until the time-bar applies, at which time it becomes a permanent dismissal.  In contrast, an information that is quashed stays quashed until revived; the grant of a motion to quash does not per se carry any connotation of impermanence, and becomes so only as provided by law or by the Rules.  In re-filing the case, what is important is the question of whether the action can still be brought, i.e., whether the prescription of action or of the offense has set in.  In a provisional dismissal, there can be no re-filing after the time-bar, and prescription is not an immediate consideration.

To recapitulate, quashal and provisional dismissal are different concepts whose respective rules refer to different situations that should not be confused with one another.  If the problem relates to an intrinsic or extrinsic deficiency of the complaint or information, as shown on its face, the remedy is a motion to quash under the terms of Section 3, Rule 117.  All other reasons for seeking the dismissal of the complaint or information, before arraignment and under the circumstances outlined in Section 8, fall under provisional dismissal.

In a State of Anaesthesia

This coming September 21^st, our nation will commemorate the 40^th anniversary of a peculiar yet defining moment in our nation’s history – the declaration of martial law[1] by the late strong man, President Ferdinand Marcos.

I only know this period from documentaries, history books and some personal accounts by my parents.  Now that we are studying the law, it would be fitting to see this part of history in its legal dimensions. Bernas, S.J. in his 2009 Edition of the 1987 Constitution of the Republic of the Philippines: A commentary lucidly summarized the jurisprudential legacy of martial law:

1. Aquino, Jr. v. Enrile[2]. The court essentially validated the proclamation of martial law on the basis of continued rebellion and the said proclamation 1081 had merely placed the fundamental law “in a state of anaesthesia, to the end that the much needed surgery to save the nation’s life might be undertaken.  

2.Aquino, Jr. v. COMELEC[3]. This case involved a petition for prohibition seeking the nullification of presidential decrees calling for a referendum on February 1975. The court held that the President does have legislative powers by virtue of him being the administrator of martial law and since he alone can convene the interim National Assembly which he has not yet convened; he alone has the active legislative authority.

3. Aquino, Jr. v Military Commission No. 2.[4] The court held that under the exceptional demands of martial law, the conferment of military tribunals with jurisdiction to try civilians is necessary for the attainment of the objects of martial law.

4. Salidad v COMELEC.[5] The court held that the President may, under the extraordinary conditions of martial law and of the government under the transitory provisions, may propose amendments to the constitution in the absence of a grant of such constituent power.  

With the decision in Sanidad vs Comelec, the main lineaments of pre-1987 Philippine marital law jurisprudence were drawn: (1) the martial law proclamation of 1972 was validly made on the basis of an existing rebellion; (2) the imposition of martial law carried with it the suspension of the writ of habeas corpus; (3) the martial law administrator could legislate on any matter related to the welfare of the nation; (4) he could create military tribunals and confer on them jurisdiction to try civilians for crimes related to the purpose of marital rule; (5) in the absence of any other operative constituent body, the President could even propose amendments to the constitution. All of the above, moreover, are confirmed by the broad grant of power found in Article XVII, Section 3(2), of the 1973 Constitution[6] which, as will be seen below, was itself ratified in a most unique manner. The Supreme Court was to add later that under martial law, claims of denial of a speedy trial were unavailing, and that the suspension of the privilege of the writ of habeas corpus also suspends the right to bail.  

Having this very basic understanding of the tone of jurisprudence which rose out of the marital law era would lead us to appreciate why vast changes on the martial law powers were instituted in the 1987 Constitution. The basis for declaring marital law has been severely restricted and opened for checks on both the legislature and the judiciary. In the long run, the 1987 constitution hopes that the exercise of an essentially police power called the martial law be used only on the most urgent and dire situation and not to serve as means to perpetuate absolute power at the expense of individual liberties.

---

[1] Proclamation No. 1081

[2] 59 SCRA 183

[3] 62 SCRA 275

[4] 63 SCRA 546

[5] 62 SCRA 275

[6] All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the incumbent President shall be part of the law of the land, and shall remain valid, legal, binding, and effective even after the lifting of the Martial Law or the ratification of this Constitution unless modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions, or unless expressly or implicitly modified or repealed by the regular National Assembly.

The Case of Barack Obama

I can still recall years ago when I tuned in to CNN and came across a riveting speech of a young senator from Chicago declaring his intention to run for President of the United States. After that, I followed him ever since. This African-American lanky dude with a Harvard Law degree is now the 44^th President of the United States.

This morning, I managed to wake up early to watch Bill Clinton’s big speech before the Democratic National Convention. It is all over the news. Nevertheless, I asked myself, a Filipino, why I am so glued to the politics of the left in the United States?

I admit that Obama’s early life and his road to the Presidency is sort of a living source of motivation (so not his presidency itself. haha! ). Beneath this I guess is my fascination of the evolution of his person. A child with a multi-cultural/racial background –an idealist community organizer turned civil rights Harvard lawyer – junior senator who happens to be African American to the leader of the free world – making history in the process.

I guess I sometimes wallow in envy over their processes in choosing leaders and ideological discourses as compared to ours and getting glued to it sort-of-like creates an alternative political reality for me. I understand that their democracy is much more mature than ours but I am hopeful we have the makings of developing real parties Filipino-style.  Put aside the personality-based traditional parties that we have grown familiar with and let us focus on some and I mean some promising party lists that seriously strive to live as a political party – not personality-based but platform-based. These groups might lead the way to a more mature political discourse in the years ahead. For now, studying those older democracies is one way of understanding our own.

Now going back to Barack, his choice of career I believe is enlightening for all those students of law out there who still try to fathom the social relevance of their studies. He entered Harvard Law, as his interviews suggest, because he understands the power that comes from the knowledge of the law in challenging and reforming unjust structures as nurtured by his experience in the streets as a community organizer. Winning the presidency I guess is just a consequence of such immersed life for public service. 

This story line is a gold mine for me. This is the kind of dream that I strive to live – the dream that at the end of a long day, I can still see myself making sense of what I do because of my belief that this will bear fruits which is something greater than my own self and my own future.    

Playing Lawyer and the Supreme Student Court

Playing lawyer has never been this fun especially when you actually get to apply what you’ve learned to an actual "political" controversy. I am not talking about some court room drama here; this is just my expression of thrill and satisfaction that I get to help argue a side before a court – well, a student court. It is not every day that a sophomore law student can at least have his day in court – again a student court.

I must say that I am amazed at how the Supreme Student Court takes its job so seriously. I mean with real actual pleadings, oral arguments, contempt of court, and so on. It is like the real thing. And they get to argue on constitutionality and those kinds of stuff. Awesome!

Being legal consultant for a branch of student government arguing for the validity of a law it passed is fun!  I am tapped to defend the constitutionality of a law we passed during our administration two years ago which created a quota system for the student elections. What it basically does is to provide a voters’ turn out ceiling and if it is not met, a failure of election shall be declared and new elections shall be conducted. The other side alleges that it violates the students’ right to vote. So of course, I must argue that it does not and I personally believe it does not violate such right at all. I do not wish to lay the arguments in this entry.We already submitted our answers to their allegations and let us see how the proceedings will unfold. 

The value I get from this exciting little internship is the formative value this exercise possesses not just for students of law but for the undergraduate community as well. This kind of zealousness in part of the Supreme Student  Court serves a powerful incubator for future legal thinkers. I strongly recommend that this should be explored and developed even further. Through the workings of the Student Supreme Court, the students can appropriate their own localized understanding of what due process is and what the rule of law is and most importantly, the importance of committed engagement for the attainment of justice – the stuff of change leaders.

Ants and Us

Lately, I’ve noticed a colony of black ants amassing at the bottom of the door frame in our basement CR (Well, that is what I usually notice when I take my time at the toilet). What is peculiar about it is the presence of the colony’s mass of larvae in different stages of development. They practically made that part of the door frame their nursery chamber. I’m no ant expert but this scene has a great amount of insight I could extract and yes, it is surprising that even in moments of sitting on the throne, the boringness would lead me to explore the minute details of my immediate vicinity and behold the story of the black ants.

You might have noticed this before where ants carry white stuff and clump together in an exposed humid area.

Common to our childhood memories might be our insistent desire to play in the yard, get bitten by red ants and our retaliation – their Armageddon. Far from the hated red ants, the black ants I observed in this particular corner have a very interesting order. One ant carries one larva. It is as if each one, by natural instinct, is responsible for the safety and care of their assigned larva. 

Out of curiosity, I gently blew a breath over them and alas, they frantically ran off in chaos much like us during and after the recent quake. However their chaos was an ordered one. It was a frantic orderly exit. What is amazing is the priority they fashioned - they all prioritized their larvae. All those who bear a baby ant were the first to leave. I even noticed that even the heavier almost fully developed larva had to be carried off by a group of ants. They all came out in ordered fashion. And 2 minutes later, all the white stuff where gone just because of that sudden change of air pressure I caused. What remained are those frightened ants that carried nothing. All the larvae are now safe inside the colony.

In the silence of the CR, it dawned on me how this simple observation is so reflective of our own. Though we all know that they are all sisters equal before one mother queen, these blind social insects know their individual and specialized role. Once given the responsibility to nurture a larva, they make sure that it is first to be secured for they know that what they bare is the future of their colony and of their kind.

So us Filipinos, social as we are, the recognition of our innate responsibilities to the nation is paramount to our rise and survival. It is not that we take shelter with our responsibilities when disturbances come but we know the manner in which we execute our role not just during times of crisis but even in moments of still waters. Much more, just like the ants that move in mass with a clear direction, let us also do the same. These invertebrates know that. We have so much to learn from these blind ants, and I hope that in this critical moment of our nation’s history – political and economic, we embrace the responsibility, the larvae so to speak, bestowed on us by ourselves or someone higher with resolve and dedication. And when a blow of chaos and uncertainty descends on us, let us move and carry the hope of the future to safety. 

Half of the Sem

Yes! I can breathe a bit now.  

The midterm exam weeks are finally done with a magnificently challenging brain-contorting closing exam on Criminal Procedure. It was all fun and blood having choices that seemingly looks perfectly the same and a question that is so unassuming that you can’t believe that this is all it. Nonetheless, this is law school – a life run by the reading of thick books and the finding relationships among different concepts of law and life all fuelled by that hope, that simple hope that someday – lawyering above its illusive “prestige” would be a powerful medium to make some difference in the world. This is the choice I made and on its 3^rd semester, things are getting a lot more interesting.

The freshmen are always a source of inspiration in Law School. I really don’t know why. Maybe due to some subconscious fulfilment of sorts but one thing is clear, I just feel inspired to relay what I learned and experienced to a fresh generation whose dreams of becoming a lawyer are taking gentle root.

Also the “event organizing project” also known as the Testimonial Dinner was finally done last July 28. This event has pretty much occupied my mind even before the start of the school year and finally its over. Tradition dictates that every sophomore batch should lead this yearly dinner and unfortunately for me, I am bound by duty to lead it though I can confidently declare that events organizing are the least of my talents. I have to do it and I hope it turned out ok. I am just so thankful for the dynamic team that made the event possible. Speaking about this, I do think that the yearly Testimonial Dinner is such powerful venue for what I can say as “inter-generational inspiration”. More than them thanking or bashing their law professors, their presence and their insights shared posses such powerful nuggets of inspiration for all of those who are still in the rugged journey. Their victory in the bar is our inspiration and challenge.

Now, I am looking forward for the next half of the semester with some sweet engagements in between. It is time to gear up also for the consolidation of efforts to produce the first Xavier Law Journal. This dream is bit by bit transforming into something tangible. Hope to drive more people to join. In XUCLA, I quite excited to apply some legal knowledge on property and land title and deeds on our case study on some land controversies in Dansolihon. Finally for LENTE, it would be a great thing to organize 2 orientation seminars to at least form a body of volunteers to gear up for the 2013 Elections.

Legal Education is undoubtedly very demanding - quite an understatement actually. However, I do not choose to be in survival mode. That would be so stressful and draining and would actually compel me to bring weapons in order to survive. I try to choose the engagement mode. I try all my best to balance application of laws in the social context and the academic study of the law. It is really getting interesting – and more importantly it is becoming more meaningful. I just hope that I can sustain things for the rest of my stay in this life churning school.

Search for a Sec. Jessie

I instantly asked why bad things happen to good people.

Faulty the logic of this notion maybe, this is the first that popped out of my head after I heard the breaking news about the plane crash involving DILG Sec Jessie and 2 other companions.  

I had the privilege of meeting this amazing public servant personally during the 2010 Election and had a surprising greeting from him on my 21^st birthday on my facebook wall (though I doubt if it was really him who wrote it) which made this confusing and difficult event more personal. Above from these unexpected specks of personal encounters with a powerful man, my personal admiration for him draws from his persona of simplicity. I see him, as mush of the public does, as the living testament that hey, there can be a local public servant who can make real and tangible the principles and ideals of good and progressive governance in the community level (his reforms instituted in Naga City when he was mayor). That is why I feel that his immense multi-sectoral search and rescue operation headed by no less than the President of the Republic shows he is too “matino” of a guy, too exceptional of a public servant to be lost forever. He can do so much more for this nation in his capacity as the Interior minister and we embrace all hope that he can still return.

I hope that whatever the outcome is, the massive search that has paused the nation becomes a torrent of search for a Sec. Jessie in our own localities and communities, a search for better local leaders whose character of simplicity stands intact. This is the kind that empowers and the search of Sec Jessie continues. 

2012 SONA

http://www.gov.ph/the-aquino-administrations-vision-and-achievements/

BASIC ACADEMIC TIPS ON THE STUDY OF LAW

SELF

Read. Repeat. Review. Fundamental to the study of law is the voluminous intake of legal knowledge from codals, annotated books, cases and other materials. Success or failure essentially rests on the dedication and intensity of a student on smart reading (reading with comprehension). First, know your average reading time by counting how many pages you can finish in an hour. Second, add all pages of your textbooks and other materials you need to read for the entire semester and divide it by the number of days you intend to read all of it. It would be preferable that you allocate 2 weeks before any major exam as purely review time and not taking in new information. By having these numbers, you can build a workable and calculated study plan with the minimum number of inputs you should take every day. Corollary to this is the knowledge for your high or low points of mental absorption. Ideally you must allot 3 hours for a one hour class. Base your study plan on these key personal facts.

Sleep. Never forsake a good night rest. 8 to 6 hours of sleep is essential for greater brain absorption and activity. Never compromise your health. As a general rule, late night cramming and sleepless nights barely help you during exams.  Make this a habit and take care of your body.

Memorize before you sleep, recall once you wake-up. Memorization is an essential exercise in the study of law. Though not a total requirement, memorization helps you in articulating the law itself and helps you support your arguments. There are several tips in memorization and each person has its own unique style. Try to discover yours as soon as possible and integrate it in your daily readings. Basic is breaking it down into thought chunks and repetition.  

NETWORK

Analyze and understand your teacher. Each teacher is unique and each one has a distinct method of evaluating the quality of your answers. Know what they want to find in your answers. Know what provisions of the law they consistently ask. Know the manner that they want the question to be answered. As Sun Tzu puts it; “if you know your enemies and know yourself, you will not be imperilled in a hundred battles”. In the law school setting, knowing your professor will mostly lessen your chances of defeat during exams.

Establish upper-year level connections. The upper class men had been through want you are about to go through and with this come a treasure throve of wisdom. As much as possible, connect with upper year level students since they can give you a personal take of the law, the teachers, and the method. There advises are valuable for it can help you craft a study plan that anticipates the situation. You can also ask for notes, past exams, outlines and other resources that can help you prepare for the daily rigour of law school.

Peer Support. Never forget that you are not alone in the legal journey. You have friends that go through the same experiences you go through. A good support system will not only encourage you to study but will also help you check your own cracks and advances in the study of the law. It is wise to sometimes gather and ask questions to one another so you can build on each other’s legal knowledge.

TOOLS

Update yourself on latest jurisprudence. Having a stock knowledge of latest jurisprudence is an edge. You can access this bank of cases on legal blogs such as http://lexoterica.wordpress.com/. You can also make it a habit to read one latest Supreme Court decision daily published in their website. Knowledge of jurisprudence allows you to see how certain laws are applied in varying circumstances and how the Supreme Court interprets the law.

Develop personal law notes. Having your own notes with your own hand writing and your own form is a tremendous help in your absorption and memorization. Try to condense legal thoughts in one sentence and certain provisions into one word. Digest cases with key facts, main issue/s and the principle of law applied. Diagramming also helps you relate and connect the basic principles of law and help you see the greater principles behind it. By having a solid grasp of its essence or its “why”, understanding “what” the law is not so much of an effort. It can also help you generate a mental picture of the law which can aid memorization.

Watch the news and/or read newspapers. The law is a changing social institution that responds to the present context. Watching the news especially on matters of legal concern helps you link the law and reality and may lead you to better appreciate the study of the law. Moreover, make it a habit to relate laws to news reports. This is a great way to review your lessons while watching at the same time. 

Start the School Year with This End in Mind

By now you might have heard the news about a positive prospect of our economy.

HSBC has predicted that the Philippines will grow into $1.69 Trillion economy by 2050.  Business Mirror reports:

THE Philippines is seen to become the 16th largest economy in the world by 2050—larger than even neighboring Indonesia, Malaysia, Thailand or even oil-producing Saudi Arabia or the Netherlands.

The British-owned global lender HSBC made the forecast in a study projecting the size of 100 economies 40 years hence, expanding the same from the original 30-country review published last year.

HSBC said the Philippine economy were to expand from the puny $112 billion at present into a leviathan capable of generating output worth $1.69 trillion or 15 times larger.

Initial reaction may be a jaw-drop or eyes wide open. The projection is a product of scientific forecast based on our present fundamentals which include current income per capita, rule of law, democracy, education levels and demographic change. The news to say the least brings a glimmer of hope in the future of this nation. For the older generation, this might be a consolation of sorts knowing that if the condition where the forecast is based stands true, then their children will reap the benefits. For us the younger generation, this is practically it. The most exciting period in Philippine macroeconomic development can happen within our lifetime. It is our generation who will lead the corporations, man the factories, and direct our government during these hopeful times. It means that we can either make or break this immensely unique opportunity for any nation. Let us be steadfast.

This brings a degree of burden in us, the younger generations since this projected growth still depends upon the quality and veracity of our people. So let us all start this academic school year with this in mind that it is in this generation, in our generation that experts predict that tremendous macroeconomic changes will occur and it is incumbent upon us to work harder to make this hopeful forecast true and meaningful to all Filipinos especially the poor and powerless. 

Thoughts on Law and Mining

So much for the myriad of mining laws and jurisprudence; what we witnessed grinding before us was the life-animation of what the laws or the lack of it has allowed. For the first time, I’ve seen an entire horizon of mountains or what was left of it produce dust clouds fuming from the scarred earth. Initial reaction would immediately convey to me that this is but necessary for a properly functioning economy which should make use of its abundant raw materials. However, just seeing the immense conversion or better yet destruction of mountains would lead a reasonable mind to think that there is something really wrong with the picture.  

As an economics graduate, I understand that a mining industry is an essential component of any economy “blessed” to have such rich mineral deposits scattered around its jurisdiction. We can make money out of it for sure and we can produce outputs for sure too. But the crux of the matter lies on how these extractions actually benefit the community around it and the nation as a whole. This should be the framework in which we try to lead discourse among ourselves. Does the present mining law which is undoubtedly liberal in favour of accommodating foreign capital indiscriminately open up our mining lands for foreign exploitation? Or would a contrary policy grip it too tight that it would choke the very industry we would like to responsibly prosper?

In my humble understanding, I would support some of the provisions of the proposed People’s Mining Bill penned by a coalition of left groups in Congress. However, this should strike a balance between the realities of short-term Filipino capital deficiencies and the long-term goal of Filipinization of the mining industry. I feel that some parts of the bill is too anchored on idealism that it would not be practicable and workable in its immediate implementation. For example, the bill gives exclusive rights to the Bureau of Mines to conduct mining exploration. I guess they might have left aside the idea that such exploration entails MILLIONS of dollars and the risk associated with it is high. Would government through the Bureau of Mines actually risk billions of tax-payer money for a high-risk endeavor? It seems to be a ridiculous choice considering our   financial limitations to say the very least. These are things that are better left with the private sector. On the positive note, the decision-making process espoused by the bill is something interesting and I would say practicable. The country will be all close to mining unless opened by these bodies composed of community stake holders. I do not wish to elaborate but the spirit of grass-roots participation in the decision-making of allowing mining in their communities is something to institutionalize and safe-guard.

These are just scattered unorganized thoughts about the mining issue that we were confronted in our summer internship. I do hope that eventually a policy will be crafted and passed as law that would side with the Filipino rather than the Foreigner and which would bring the bulk of its benefits directly to the people. 

Wonders of CARAGA Region

Summer Internship Reflection

I quite expected the assignment.

When our formation officer announced that I was assigned to the Governance and Leadership Institute, I was extremely delighted. This field of science is something that I personally desire to engage myself in. My experiences in college being a student leader and a social advocate on certain issues made a more solid grounding in my desire to engage governance and leadership. The name of the institute itself strikes a chord within that moves me to excitement. So I did confidently say after I heard where my assignment was that this is my first step to deepen my outward engagement on the management of power and development.

The initial task that was given to us was more on research work on legal doctrines and public administration studies. Confined in the office and facing a computer screen, I tried to connect how this research would eventually translate into something concrete. It eventually dawned on me that all these research output helps the institute consolidate its knowledge bank and aid in the development of its seminars and modules. Considering that hopefully in the future as a lawyer, most of my time should be devoted to legal research and this made me appreciate my initial task. Well, this was just the first week. The second week was full of learning.

As I see it, the meat of my internship was my engagements with the Local Government Units through the seminars the institute conducts. I was able to participate in 2 seminars on Barangay governance and local legislation. It was a tremendously rich experience learning both technical and legal dimensions and also meeting these community leaders. In the duration of the seminars, a thought kept on running in my mind. I would always wonder how these people define and see political power and influence. I never really got an answer because I never bothered to actually ask them. I just hypothesized that these people must have quite a unique definition of such because they are immersed in the front lines, the first layer of our government structure. They see the people face to face and deal with them at their level. They are the closest to the people. Their definition might be shaped by the faces of personal friends affected by disasters and how government addresses such situation. It might be defined how a local curfew helped mitigate crimes in a vicinity close to their homes. Whatever their definition is, I am well aware that it is formed by an intimate relationship between those who govern and those who are governed where results or consequences are felt personally and immediately.

Flowing from that thought, a macro understanding of local governance can bring about a rich collection of legal precepts and constitutional doctrines. My experience with GLI brought to life the bias of our Constitution towards local autonomy. More than that, my experience provided me a feasible answer to one of the almost cliché but serious questions of every Filipino: With such a rich country, why are we still poor? Progressive and solid Institutions are key to our national development and the most basic of it is our local institutions of political governance. GLI as a manifestation of the thrust of the university towards governance engagement has provided enrichment courses for local government officials and also provides long term technical assistance for LGUs.

Such a grand picture of law and politics but what does this mean to me personally. As a young citizen, it means that for local government to effectively work, they should also partner with an effective citizenry. And in return, that citizenry should also enlighten itself so it can delegate its sovereign power to qualified and honest individuals. The call now is local engagement and this has so much meaning now for what we have collectively experienced during Sendong where we saw how our local government allegedly crumbled in the midst of a vast disaster. Local government matters so much to our daily lives and so much more in times of crisis. Acknowledging how vital it is, it is imperative that as a schooled person, it is my personal obligation and duty to engage our leaders in all means that I can. From lobbying in the city council to advocating issues online, the options are limitless. And as a law student, my elementary knowledge of the law holds a respectable amount of influence that can be used to advance causes. I think this is an important position a law student should understand. Our idealism coupled with our legal knowledge can bear good fruits if properly placed in the right causes. Our opinions matter and they are given attention. If properly positioned, we can very well contribute to a passage of a cause. The success of government ultimately lies in the audacity and veracity of the people it governs.

Seeing all these dynamics of politics, power, and the law, my study in the college of law has elevated into a higher more meaningful level. I can now begin to see the image of what am I studying for. I know ultimately the answer does not only satisfy itself from my personal ambition derived from the prestige of being a lawyer. Ultimately, I am confronted with a moral question of whom am I studying for, whom am I practicing law for? This intersection between my desire to be lawyer and the greater need of my community should produce a commitment in my part to not settle for transactional lawyering but go to the frontiers by using the law as a tool to bring earthly justice into the lives of those who most need it. This is a lofty journey filled with all kinds of temptations and Law school is not even the beginning of it. However I am convinced that this initiation to the cause has deepened my commitment for justice and development and has provided me more than personal ambition to pursue my law studies with excellence.  

Spaghetti

As I was about to swallow my first serving of spaghetti, an old man with a certain calmness suddenly appeared in front of me. He was carrying the same spaghetti as I was eating. Suddenly, my space, my moment with my spaghetti, my sense of privacy at that little corner in MacDonald’s seemed to vanish. After that millisecond mental flash on my concept of privacy, the old man spoke. He was asking me if it would be ok If he can sit with me since the only available table was at the other side of the restaurant. With an apologetic tone, he explained that it would be a great effort in his part to walk all the way to end. My table was the best alternative. Sure, for a second I felt uneasy like all of us do when a stranger suddenly step in your psychological space. However, this split of a second internal uneasiness is swept away by a similar internal surge of kindness. So as I did not mind, I said yes and gave a smile.

As I attempted to re-establish my lost eating momentum, I tried to strike a conversation. I told him that hey we have the same lunch. He replied while mixing the pasta and sauce with a jubilant description that this thing has all that is needed for a good lunch. I nodded and ate. Silence followed after. However my mind was running that time. A slogan “share a seat, win a friend” which once caught my attention instantly shimmered with an abundance of meaning. I am not expecting to instantly win a friend in this case – I did not even ask for his name – for that occasion does not call for that in the natural course of human affairs. I just thought to myself this stranger, as old as he is bears in him a tremendously rich story. He is wearing a shirt of a community cooperative which led me to believe his work in life. He was also wearing glasses and carrying a small note book with a couple of inserted news clippings. All these seem to assemble a story of this man whom I’m sharing a table with. 

He never spoke but this very ordinary scene reminded me of a truth that I can’t easily grasp much more articulate. It is simply that sense of awe flowing from that truth that the world is interpreted as many times as there are people and this is more appreciated when you have a close contact with a person whom you don’t know and most probably have no chance of knowing at all. I wondered what his story is, what the world is for him. Well, that’s all what I thought of aside from enjoying my spaghetti. I finished eating first and then swallowed 3 ice cubes as I usually do. As he was still eating, I said that I’ll go ahead. He stopped and nodded four times with the words ok and thank you. That was it. 

YayatLoue

As I was to exit the room, a small fairly skinned lady went inside the other door. I did not recognize her for a moment but when I got to see her in full view, I was amazed to see my childhood “yaya”. Ya Telou (from Marylou) as I use to call her. She was my yaya from birth up to my kindergarten years.

She went to me with a glaring sense of excitement and hugged me tight. I hugged backed with a little awkwardness but with a deep sense of gratitude. I could just imagine the joy she might me feeling seeing the once baby boy she cared for, now a 22 year-old law student. It was quite a light moment as I settled and started talking to her. I shared to her my more significant milestones in life and fittingly enough, her replies were insightful moments of my babyhood. She mentioned how silent I was as compared to my older brother. In my playing time, I loved building or assembling things as compared to more kinetic activities my other cousins were so into. Even before my eating time as a baby, she managed to observe that before I eat, I would prefer to be shared a story from fables to horror stories. I did not know I was fond of listening to stories. She also mentioned that I leaked regularly and mother did not mind to by me pampers. She only used natural lampin – she always prefers the natural. Speaking about natural, I was also breast fed for a relatively longer  period of time as compared to my peers and also I ate baby food well beyond the prescribe time. So I seem to have a longer baby period.

It got me thinking. This short yet profound reunion with my yaya as brought such a rich glimpse of a part of my past where I can never vividly recall anything. For those who are blessed to have these people still around, try to reconnect with them and simply share the common past. It reveals another side of love from the eyes of people who are entrusted to their care.  It stirred in me a deep sense of gratitude and awe at how images of life captured by these people can aid so much in understanding where I might be heading.