As an Editor- in-Chief of the Law Gazette, it is

very hard for me to accept the title-maybe be-

cause of having a hectic time as an employee

and a college of law student or perhaps, I am

afraid that I am not good enough to have the

title.

To assume this task, I believe that it is a chal-

lenge; it requires intellect, hard work, time and sacrifices. I joined the

Law Gazette without any notion of eventually landing to this posi-

tion. Thus, despite the hesitations to accept this throne, I should not

frustrate my staff and those who believe in me for entrusting the title-

yet, I dare the penalty of impediments that I might be facing as EIC.

Way back then when I was a mere writer, I see no difficulty

in managing the gazette for all I have to do is to submit the articles

assigned for me and wait for its release. But now it is a saddle, you

don‘t just think of your articles but you are obliged to manage and

monitor the demands and wants of your members as well as the read-

ers. Hence, we ask your understanding and forgiveness for the delay

of our publication. There‘s no need to narrate why because almost

majority of us from the college are aware with the crisis that we‗ve

been through to get the allotted funds for the gazette (both from 1st

and 2nd semesters of the A.Y. 2012-2013).

To our colleagues and to our dear professors, we encourage

your comments, suggestions and criticisms by having them for the

improvements of the gazette. You are intrinsically good critiques. We

may not be good writers to you and grammarians but be reminded of

the painstaking and efforts of a writer to come up with a simple arti-

cle. To be a writer, I believe that you must have a commitment to

risen up the call of service.

To our Dean, Atty. Macacuna A. Moslem and to our adviser

Atty. Nadjer Pinatara, we thank you for the moral support and guid-

ance you extended in the less we expected. Thank you for the encour-

agement and we are looking forward for the continuous support, pa-

tience for our inconveniences and the values you‘ve thought us. And

again, we persuade everyone to join us and incorporate your condem-

nation for the improvement of the gazette. Let us not demean our own

and be part of its development because it is our own LAW GA-

ZETTE.#

What’s Inside? DEAN’S CORNER...3 Ideal Ethics amongst Law Professors to steer by

LSG BULLETIN...4 Kudos to this Year’s MSU-Law Bar Operations Committee and Volunteers!

NEWS...5 MSU-College of Law Studs attended BOS on Legal Aid MSU-College of Law and IBP Lanao del Sur Chapter held FAB RTD MSU-College of Law celebrates 32nd Founding Anniversary

COLUMNS...6 A Road Less Travelled Justifying the Justice System Political Parties in the PH: Under the microscope

FEATURE...9

‘Litis Pendentia’ The Road Less Taken

OPINION...10 Bar Exam Reforms and the Formats See-Saw I am a Law Student? Election 2013: A success or a failure?

LEGAL MIND...13 The Book That Taps

ENTERTAINMENT...14 10 Things Younger than JPE Legal Addiction It’s more fun in law school!

COLLEGE PULSE...16 Exposé

EDITORIAL...19

Life is about making choices. What we want to see in the future is defined by what we do today. Like a person who complains for what he sees wrong in our government but still voted for a candidate because of monetary consideration, things will forever be the same if we only say something but do nothing. For inaction is in itself...an action...a choice.

With what is happening today, it is a fact that we need change. But we cannot have change if we do not give it a chance. And until then, we will not be attaining what each and every one of us is asking for—JUSTICE. That is...

Either we want to stay in the dark or get out of

it to see the light.

(Theme and Concept by: Nor and Saidy) (Photo by: Halid A. Mindalano, BSPA Graduate)

About the Cover

Dean’s Corner

IDEAL ETHICS AMONGST LAW

PROFESSORS TO STEER BY

By Dean Atty. Macacuna ―Mike‖ A. Moslem*

3

―Public office is a public trust. Public officers

and employees must, at all times, be account-

able to the people, serve them with utmost

responsibility, integrity, loyalty, and effi-

ciency; act with patriotism and justice, and

lead modest lives.‖ - Sec. 1, Art. XI (1987

Philippine Constitution)

The foregoing legal dictum should be the

motto of all public officers and govern-

ment employees. Among the norms of

personal conduct of public officials and

employees provided under R.A. 6713

otherwise known as the Code of Conduct

and Ethical Standards for public officials

and employees, embodying the above

dictum, is commitment to public interest

and professionalism.

The code mandates that public officials

and employees use the power of their

offices efficiently, effectively, and

honestly. A teacher, in a sense, is also considered to be a public officer. Sec. 2

of R.A. 4670 defines the word “teacher” as follows: ...the term ―teacher‖ shall mean all persons engaged in classroom teaching, in any

level of instruction, on full-time basis, including guidance counsellors, school

librarians, industrial arts or vocational instructors, and all other persons perform-

ing supervisory and/or administrative functions in all schools, colleges and uni-

versities operated by the Government or its political subdivisions; but shall not

include school nurses, school physicians, school dentists, and other school em-

ployees.

Within the foregoing meaning, the law professor who ―teaches inside the

classroom‖ is a teacher. In the same vein, the DEAN, DEPARTMENT

CHAIR, and THEIR ASSISTANTS are included in the phrase ―all other per-

sons performing supervisory and/or administrative function in all schools,

colleges, and universities operated by the government‖, hence they can like-

wise be considered teachers.

Let us first shift the focus to the professional life of a lawyer-cum-teacher

aptly named the ―law professor‖. A law professor plays the dual role of a

teacher and at the same time, a member of the bar or bench as the case may

be. The complexity of the duties of a lawyer has been pronounced by the high

court in a case, to wit: Consider for a moment the duties of a lawyer. He is sought as counsellor, and his

advice comes home, in its ultimate effect, to every man’s fireside. Vast interests

are committed to his care; he is the recipient of unbounded trust and confidence;

he deals with client’s property, reputation, his life, his all. An attorney at law is a

sworn officer of the Court, whose chief concern, as such, is to aid the administra-

tion of justice.

Added to the above is the duty which the lawyer, as a law professor, owes to

his students and the legal academe. From the foregoing, it can be said that

among teachers, a law professor is sui generis—a class by itself.

Be that as it may, having a complex professional life is no excuse to depart

from the fact that at the end of the day, a law professor is a teacher. As plain

faculty member, it behoves upon him to inculcate in his mind all the time that

the education of the students are entrusted to him not only by the parents who

paid the tuition fees of their children but also the students themselves and the

national government through the university or institution that engaged his

services. As dispensers of education, law professors are accountable to his

people and to God Almighty. Accordingly, when a law professor enters the

classroom, he must keep in mind the following objectives:

A law professor should be faithful to the course syllabus

As every teacher should be armed with a lesson plan to guide him in his

class, the law professor should likewise be guided by the course syllabus—the

sole purpose of which is to ensure that the subject matter is well-covered. It

is, therefore, more than a mere scrap of paper. If strictly followed, the student

will develop the habit of following the same, as he should be to the one given

cont. to page...17

*Bachelor of Laws; LL.B; M.C.L.; Ph.D (Law)

The Law Gazette | 2nd Sem., A.Y. 2012-2013

LSG Bulletin

4

This year’s BAR Operation was a success. It was different from the other bar operation I have eyed. Everything fell into right timing;the unity of three MSU LAW campuses, the support from the administration both the dean’s and president’s office, and the cooperation and volunteerism of the bar operators. One month is too short to amass a more than a hundred thou-sand amount. That was the dilemma of the bar operationcom-mittee. The committee was, which includes the LSG Officers, formed a month before the bar examination. Despite the limited period for the needed preparations,the committee still pursued. Behind the insurmountable pressures, ingenuity from the mem-bers emerged. Series of meetings were conducted where the committee planned from A to D. With no want of time, the committee prepared a budget proposal that was minimal. How-ever, minimal it was, it was realized. Due to insufficiency of funds, each bar operators were only given a budget for their one-way fare going to Cagayan and Manila and nine hundred pesos for their three days meal. Notwithstanding the budget, no one from the committee withdrew. Indeed at that point, the every member is appreciated. It is fair enough to say that even with the bar operation com-mittee, the program would not have been successful without the help of those individuals who financially assisted the group.

The office of the dean led by beloved Atty. Macacuna A. Mos-lem provided the MSU BAR examinees with the hand-out mate-rials together with bar kits. Through Dean Moslem’s initiative, pre-bar kanduri was held for the examinees. His fatherly care extended to the bar operation committee. Aside from his enlightening words of encouragement, his sponsoring the bar operators’ polot-shirt is what the team was thankful of. Every year, President Macapado A. Moslem never fails to sup-port the same program. His administration extended a financial support to the committee which is in-line to university’s objec-tive toward academic excellence. There were also generous local officials who gave their financial support whom the committee considered partners in annual

realization of the program. This space may not be enough to

thank them all but deep in our heart, we salute them for the support. The cooperation of fraternal houses to wit, MKP, AL-PHANS, BSL and APO is deeply valued. And of course the so called “WALANS”. I am yearning to have the same teamwork with IIT and General Santos bar operators for the upcoming programs. In behalf of the Bar Operators, the committee commends IIT for designing this year’s bar operation polo-shirt. My endless thanks to the Bar Operations Committee Mem-bers: Ali Ahmad B. Bantuas Vice-Chair MSU CBar Opera-tions; Mohammad Bin Usman, Logistics; DayangDayang-Baguinda, Secretariat; and to my “A Fortiori” family. Finally my special thanks to Atty. Abraham A. Gutoc for providing a copy of their bar materials. He is a man with a heart of a Muslim who is willing to extend his hand to his fellow Muslims wherever he might be as shown by his act during the program. Mabuhay ang MSU-College of Law! Mabuhay ang mga Bar Candidates…

JORDAN L. DATU-IMAM Chairman, Bar Operations 2012

LSG OFFICERS (A.Y. 2012-2013)

President: Khalid R. Matuan Vice President: Sainoden Yasin, Jr. Secretary: Naimah Ahmad Treasurer: Shafatullah Imam Auditor: Arab Andig P.I.O: Acmalin Macabantog Sports Coordinator: Anhary Cornell

The Law Gazette | 2nd Sem., A.Y. 2012-2013

News

5

Last January 26-27, 2013, selected students from the

college were sent to take part in the Basic Orientation

Seminar on Legal Aid held at Philtown Hotel, Cagayan

de Oro City. The program which was organized by the

US Embassy in Manila in partnership with the Min-

danao Youth Volunteers Corps, Inc., was participated in

by law schools of three universities in Mindanao,

namely, the Mindanao State University, Liceo de Ca-

gayan University and Bukidnon State University, each

having 10 delegates except for MSU which was repre-

sented by a number of 20 coming from both Marawi and

Iligan Extension.

Getting the student representatives familiar with

‗alternative lawyering‘, the two-day seminar was

grounded on the effort to establish Legal Aid Clinics in

Mindanao to help the underprivileged. It consisted of a

series of lectures, some of which were given as follows:

Also present was Ms. Sarah Cayetuna of the Department

of Justice, giving inspiration to the audience.

The Marawi delegates who were chosen a week before

by Atty. Mabandes Diron, Jr. and Atty. Norhabib Bin

Suod Barodi (both assigned and authorized by Dean

Macacuna Moslem to coordinate with the organizers)

are: Mojahid Guro, a senior; Mary Claire Sansarona,

Dayang-Dayang Khadija Baguinda, Aisa B. Musa,

Saidamen M. Barrat, Omar I. Cauntongan and Nashiba

Dida-agun, sophomores; and Dayang Akirah Sansarona,

Norhasima Curo and Normen Biston, freshmen. #

―Regional Human Rights Situationer‖ by Atty. Piai C.

Palma

―Introduction to Human Rights‖ by Atty. Neil Y.

Pacamalan, LLM

―Vulnerable Sector: Women and Children‖ by Pros.

Eldred D. Cole

―Lecture on Legal Writing‖ by Atty. Jerlie Louis Re-

querme

―Alternative Lawyering‖ by Atty. Melanie D. Ortiz-

Rosete

MSU-College of Law and IBP-Lanao del Sur Chapter held FAB Round-Table Discussion By SMBarrat

In an effort to iron out issues and make a stand regarding the signed Framework Agreement on Bangsamoro between the Philippine Gov-ernment and the MILF, a round-table discussion with the theme: ―IBP and Law Students Dialogue on the Framework Agreement on the Bangsamoro: Where do we stand?‖ was held at the College of Law Executive Conference Hall on January 30, 2013. Speaking in behalf of the MILF Peace Panel, Dr. Shafrullah Maro-homsalic Dipatuan pointed out some of the important features of the agreement especially the power-sharing between the GPH and the sough-to-be established Bangsamoro in connection with their ‗assymetric relation‘ as therein stipulated. Distinguished young lawyers who also expressed their favor on the subject agreement were Atty. Mabandes Diron, Jr. on one side trac-ing the history of the Moro problem and laying down the ethnic-conflict regulation, and Atty. Habib Bin Suod Barodi on the other discussing the possible expansion of the jurisdiction of Shariah Courts or even the implementation of the Islamic Laws in toto. The purpose of the event to come up with a common ground in order to make a unified stand notwithstanding, other prominent lawyers

spoke their minds in disagreement to the assailed agreement. Atty. Bayan Balt raised his objections by stressing out matters which he said are inconsistent with the Muslims‘ struggle for self-determination. Among them are: the change of name of the autono-mous entity from ―ARMM‖ to ―Bangsamoro‖ which he noted as a ‗barbaric‘ term; the reduction of the number of provinces originally contained in previous pacts from 15 to 5; and the power to raise revenues which is limited only to exaction of taxes. For his part, former Judge Alex Macalawi expressed his sentiments by saying that the GPH is not sincere in trying to resolve conflicts in order to attain sustainable peace and development. The problem would have not been the subject of the now-existing peace process if it is, he added. The program which was a fruit of the collaborative efforts of the MSU-College of Law and the IBP-Lanao del Sur Chapter was attended by some lawyers, law students and legal philosophy class of the CSSH. Legal minds who were also present are: Dean Macacuna Moslem; Atty. Basari D. Mapupuno, IBP-Lanao del Sur Chapter President; Prosecutor Norma D. Tanggol; Prosecutor Montanier Gubat; Prose-cutor Salahudin Serad; Prosecutor Abdul Gaffur Madki Alonto, II; Atty. Ishac D. Mangondato; and Atty. Khalid Ansano. The event was organized by Mr. Mojahid Guro and Ms. Najifah Pun-dug, both senior law students.#

The Law Gazette | 2nd Sem., A.Y. 2012-2013

MSU-College of Law studs

attended Basic Orientation

Seminar on Legal Aid By SMBarrat

News

6

With the joint effort of the college administration and the LSG Officers, the MSU-College of Law has successfully celebrated its 32 years of exis-tence with a bash. The celebration that featured different activities (some of which are designed to test the students’ intellectual ability while others are for pure enjoyment) lasted three days, which started on March 4 and ended on March 6 (just two days before the scheduled final exams). The very highlight of the celebration which is the Luncheon Ceremony and Kandori for the 2011 Bar Passers was graced by no less than Atty. Mylene Amerol-Macumbal, the college’s 2nd ever-produced topnotcher (the first being Atty. Ex-clamador) in the Bar Exams, who served as the guest speaker. The three-day event was closed by the night pro-gram composed of the torch parade, the fire-works display, the awarding of prizes to winners in the different competitions and the Musicla-BAND. The college’s 32nd founding anniversary surely was felt. It all ended with the students going home exhausted but nonetheless smiling, let alone being unmindful of the upcoming exams.#

MSU-College of Law celebrates

32nd Founding Anniversary By SMBarrat

Good days are to be gathered like grapes, to be trodden and bottled into wine of the travel has vintage well, he need trou-ble to wonder no longer and the ruby moments glow in his glass it will. –Anonymous I‘ll bet nobody for sure wanted to have a ruined life; we have positive dreams- positive dreams that visualize our vision towards a bright future. However, disillusionments, obstacles and frustrations exist. Hence, these dreams sometimes make us diverge, we are afraid not to fulfil our dreams. Really, frightened not to get the desired life we wish to have. On a road less travelled, we make differences. We live in a complicated society and we are bound by rules of differ-ences. We study hard I guess to have a high-paying job or at least a good job. We learn to love and hate because we have emotions- a sentiment in life that if chance, it can be shaken or may overflow into its careless word. In this era, it‘s obvious that life is fast changing; we learned to rush but not to wait. We become protracted on quantity but short on quality. We have multiplied our possessions but tend to reduce our values and morals. Fast foods are in but slow digestion. Steep profit, shallow relationship, more in-come, and fancier houses but broken homes. These are among the few of differences that we presently travel. As we pursue living, we become blinded and open-minded with the irony of life. The amorphous nature of our political party system may degrade our principles; millions promises of some Politicians but less will be fulfilled after winning. Many are educated but underemployed. There are honest public servants but some are unscrupulous one. Employ-ment in government is coveted into a so called friend route, by blood, to oneself or loved one. Each day that we‘re able to survive is an enormous accomplishment but still, life is not a bed of roses. Whatever changes life brings, nothing is an accident. It‘s us who choose the changes we see and feel. It‘s us who make the changes and our response on the circumstances that counts. Similar situations exist in many other ways and they will persist as long as many of us allow such transformation. At the end, it‘s us who will choose whether what road we will walk through because life is a choice. #

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O

L

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The Law Gazette | 2nd Sem., A.Y. 2012-2013

A Road Less Travelled By NTAlimona

ERRATUM:

We ask apology for the error committed on our last year’s

issue. To read the whole article entitled “Baliktaran”, you

may visit our facebook page at...

http://facebook.com/thelawgazetteMSU

Column

7

MicroscopeBy JRLGonzales

Political party is the heart of Philippine politics. This is so because it seizes the political system, political power, and to grab hold of the aspects of policymak-ing. In democracies such as the Philippines, political parties p r o v i d e citizens with choices about the personnel and poli- cies of their governments [1]. These parties have various ideologies and advo-cacies in our political arena. What we have is a multi-party system in which not one party has the chance of gaining political power alone where these parties must work with each other to form coalition governments. For preliminaries, there are two types of parties in the Phil-ippines: the ―major parties‖ (who correspond typically to traditional political parties), and ―minor parties‖ or ―party-list organizations‖ (who rely on the party-list system to win congressional seats). In looking into the very core of Philippine political parties, it can be noted that the most important characteristic of Philippine political parties is that these are composed of the elite. It‘s a reflection of the political parties in other parts of the global world where they may ―lead or in sociological terms, those who hold economic and political power‖ [2]. A look at the list of those names that composed these political parties would let you know what I mean. These innate differentiations in the Filipino upper class then effectuate a trans-formation of membership and leadership which in turn leads to the absence of ideological differences between the parties. No single upper class group has attained a level of economic power sufficient for it to dominate other fractions and impose its interests and its program on the state. This is in contrast with the Latin American paradigms where divisions among upper class groups have been expressed in differentiation between political parties. Political parties in the Philippines, for lack of a better word, are also character-ized as ‗weak‘. In the past administrative years, President Fidel Ramos‘ rise to power provides a ―perfect example of the weakness of political parties relative to government and political clans‖ [3]. Laban ng Demokratikong Pilipino (LDP) had been the ruling party since the 1987 elections when it won an overwhelm-ing majority of contested seats in both national and local elections. Because the late President Cory Aquino refused to support LDP's candidate, and instead

supported Ramos, LDP's candidate (Mitra) lost badly. LDP won the majority in both the Lower House and the Senate,

but a few months after the House convened, LDP lost most of its members to Ramos‘ party. Upon the other hand, in-tensely personalized char-acter of parties derives partly from the fact that individual candidates are elected in a "first-past-the-post" system. During elections, it is not the political parties

that are the real mobi-lizing organizations but

the candidate's electoral machinery and the tightly-bound network of relatives, friends, political associates, and allies. Because at the base of the electoral system, the municipality, the power and status of families are at stake, all means are availed of including cheat-ing and violence to achieve victory. The other major institutional factor shap-ing our political parties is our presidential form of government. Because of the cen-trality of patronage for Philippine political parties, the most important powers of the president are his appointing powers, and his control over the disbursement of gov-ernment funds in a highly centralized form of government. The initiation of gov-ernment policies, however, does not only lie in the hands of the executive. The particularities of the legislative process in the Philippines determine the character of the executive-legislative dynamics together with the role of political parties. These are some of the reasons why po-litical parties have difficulty maintaining their membership. Soon after a presidential election, mem-bers of the opposition join the incum-bent‘s bandwagon. A starfruit will always look the same no matter on what the angle you‘re looking from. Worth mentioning also is the similar structures of all major parties, despite the

cont. to page...18

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Every single day, we hear of

crimes committed here and there.

There are even times when we wit-

ness them ourselves. But did we ever wonder how

many cases are filed to address these crimes and

how many of such cases have been put to rest?

Now let us suppose that the first question is not

important and assume that we know the answer

to the second one, did we ever ask how many of

those adjudged cases have been decided appro-

priately? Ladies and gentlemen, I am not implying

the incompetence of our legal system in the ser-

vice of justice. But lest I get accused of doing so,

I will rephrase the last question from a layman’s

perspective: How exactly does our justice system work?

Strict compliance with the legal standards

In criminal cases, while it is a matter of promot-

ing the sporting idea of fair play to stick to the

standard in establishing the guilt of the accused

by a proof beyond reasonable doubt, the danger

thereof in certain cases is to equate the meaning

of the word “justice” to a mere justice in the ap-

plication of the rules. Take note of the Supreme

Court’s verdict on the famous Vizconde Massacre

Case. Now that the accused are acquitted of the

crime charged, the theory as to who must have

been the criminals still remains a riddle.

Application of the knowledge of the law

Just as how a CPA or an economist is dreaded

more likely to become corrupt in handling funds,

a lawyer is likewise feared to become unreason-

able and manipulative in serving justice. In other

words, where the knowledge of the law and its

application in general serve as an avenue for the

enforcement of rights violated, it cannot be de-

nied that there are instances when the same may

be used as a weapon to perpetrate more injustice.

Take a look at the Maguindanao Massacre Case.

Could someone get any smarter than the Am-

patuans’ defense lawyer for the way he is giving

them justice?

Yielding to the opinion of the majority

Inasmuch as acceptance of the majority opinion

oftentimes implies righteousness of such opinion,

it is also a fact that said acquiescence may at

times result to the unconscious relaxation of right reasons on the part of the public so assenting.

Think about the flip-flopping decisions of the Sup-

reme Court. No one could ever dare declare their

wrongness in some cases. And who would, when

even lawyers and magistrates bow to them con-

sidering that they are rendered by no less than

the majority or even all members of the highest

court of the land?

Adherence to the mighty

While it is undeniably true that to consider the

rights of the few is also to give them what is due

to them, the hurting reality is that, more often

than not, it leads to the wilful disregard of the

rights of the many. I believe there is no need to

emphasize in this light that the adage which says

that “those who have less in life should have

more in law” has always been just a mere truism.

Evidence of this proposition is the number of poor

victims who are less represented or even not rep-

resented at all.

Gazing into the depth, I am afraid to conclude

that justice exists only in the mind. It is not about

the truth; it is what can be proven in court. And

neither is it about the observance of good faith for

such may be proven futile in some cases. But who

am I anyway to judge the effectiveness of the

system? Can I criticize the standard of the law for

its failure to find out the culprits when justice per

se presumes the innocence of the accused until

proven otherwise? Can I impugn the defense law-

yer for manipulating the law when he has a good

acquittal-reputation rate to maintain, or for

choosing to represent only the rich when he has

his own personal interests to satisfy? And can I

condemn the general public for being passive and

submissive to the erred judgments of the highest

authority when they cannot do anything to rectify

them? But then, can you also blame me for my

belief?

Justice nowadays indeed is a mere illusion. Nev-

ertheless, while such is the inconvenient truth, I

still believe that we can do something to make it

otherwise. And whatever that is, little or big, let

us not relax and wait until the very same system

that we are still hopeful would work for the good

stops functioning. Let us not...because in the end,

it might result to the oppressed taking justice into

their own hands. And we do not want that to hap-

pen. #

Column

Justifying the ‘justice system’

8

Common Sense By SMBarrat

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Feature

By SMBarrat

Life after college is life filled with uncertainties. Unfor-tunately, there is a lot more if we talk of life in the college of law. Indeed, it is of no moment to stress out in this point that the study of law is an undertaking which can either make an individual or break him as a person, at least for him who takes a great time in dealing with it seriously. I was aggressive as the others when I finished my un-dergrad. With the sufficient knowledge that I would like to believe then I possessed, I was convinced that I could do whatever it takes to get through rough roads. I was confident. But it took me only a semester in law school though to finally realize that I was totally mis-led by such conviction. In simpler terms, while at the outset, the experience was for me then just as cool for a new adventure albeit somewhat boring; as time went by, it got really unfriendly if not completely deadly. True enough, it was only in law school that I have ever felt so stupid and insignificant. But then who am I kidding? With our professors always ready to test our capacity, we will more likely if not certainly end up being caught off-guard if we exert only a little effort, or worst none at all. Truly, the journey to becoming a lawyer is never easy. It is so hard that each time we take our steps, the road usually gets even rougher to pass. But what else do we expect? The entrance to the legal profession so lawyers say is never without challenges. In the college level alone, struggling with our subjects is like striving to win different cases --- with the professors sitting as judges and our negative traits standing on the side as our adversaries. Life in law school indubitably is a hard and compli-cated case. As counsels of our own respective cases, there may come a time when our efforts may be inad-missible in evidence, but let us not succumb to our weaknesses which will bring us to defeat. There may even come a time when our witnesses may be proven unfit to help us succeed, but let us not lose hope. Thoughts like “How I wish oral recitations or exam is moved” will always be there, but let us not get our-selves addicted to them. Let us not be busy wishing for a good luck because as successful people would say, good luck is only for those who are prepared. It is true that passing the bar is one of the things in life that is not certain. We can always hope, but we can never expect. But then, unless we want to blame ourselves in the end, let us do everything that we can do to win our cases. After all, as the saying goes, “Nasa diyos ang awa. Nasa tao ang gawa.” #

When I decided to study law, I had every intention to finish it

and pass the bar. I conditioned myself and set my mind on my goal. At

the back of my mind, there is the typical image of a lawyer. Forgive me

for the stereotype but it is the trend nowadays. For the male lawyers,

the suit or barong at times, leather shoes with attaché case on the side,

plus the flashing car. For the female lawyers, of course, the corporate

suit influenced with our Meranao fashion, paired with the combong

(veil), the stiletto, the Hermes bag that is same in color with the dress

for the day and of course, the flashing car (you can choose whatever

model you like, but for me, a Red Ferrari Enzo that has to be shipped

from Japan). That is how I picture a lawyer.

My posh image of a lawyer totally changed when I was given

the chance to meet one of our Alumni Atty. Jerlie Louis Requerme, the

president of the clerk of courts of the Philippines and her friends Atty.

Neil Pacamalan from the US Embassy, Madam Sarah Cayetuna from

the DOJ, Prosecutor Cole, Atty. Melanie Ortiz and Atty. Piai Palma of

the Commission on Human Rights (Region 10). These people opened

my mind to a new perspective on what a lawyer is, and what a lawyer

should be. They are alternative lawyers. They still have cars, they go to

court, wear suits, but they take the time to go to the places where their

services are needed especially the marginalized sectors. They are not

PAO lawyers. But they render free services, not because their organiza-

tions ask them to do so, but because it is their calling in life.

Those who have less in life are promised to have more in law.

Former Chief Justice Hilario Davide said that the enigma or the mys-

tery of the law is that it is rendered inaccessible even to those for whom

it is intended. Thus, instead of being empowered, those who have less

in life may end up more powerless and disenfranchised. And yet the

law remains their only hope of securing protection, promoting their

welfare or, in the final analysis, obtaining justice.

These committed alternative lawyers according to the former

chief justice perform the vital task to demystify the law, unravel its

mysteries for the benefit of those truly in need of its protective mantle,

work for law reforms, enlighten the less fortunate sectors of society on

their rights under the law, advocate for and defend their rights, and

assist them in their search for elusive justice.

Justice being said to be elusive by no less than the highest

magistrate of the land is an acknowledgment that indeed there is a need

for lawyers who will fight for the rights of the underprivileged. I sin-

cerely hope that as a law student, I could help in the advocacy of these

alternative lawyers. For me, they are not the alternatives, not the second

choice, but the real and ideal lawyers.#

The Road Less Taken The Law Gazette | 2nd Sem., A.Y. 2012-2013

9

and with the introduction of the purely multiple choice questions

(MCQs) in the 2011 Bar Examinations. With the SC committee on

bar examinations headed by Justice Roberto Abad, it was intro-

duced to better measure the ability of the students to recall and

review laws, doctrines and principles; noting that it has become

the mainstay of bar exams abroad and of board exams given lo-

cally for other professions.

But in March 2012, the SC has again approved a new format of the

year‘s bar exams. This innovation was composed of 60% multiple

choice questions and 40% traditional essay questions with Legal

Memo only on the afternoon of the last Sunday on Practical Exer-

cises. And seeming that the SC couldn‘t get enough of the

changes, another reform was again introduced in this year‘s 2013

Bar exams.

As per Bar Bulletin No. 1, the Supreme Court (SC) revealed that

the examination structure for this year's Bar Examinations will be

composed of 20% multiple choice questions (MCQ) and 80%

essay, giving more weight to its old format of having more essay

type questions. With this, it would seem that there‘s this SC direc-

tion of going back to the traditional form.

Talking about the formats, I personally side on the essay questions

as there are questions that do not necessarily call for a clear-cut

answer. Answering in the essay form showcases one‘s ―mastery on

the vehicle of the legal mind‖. Essay questions test the capacity of

the bar takers to express themselves, to analyze questions, and

most importantly to justify on their stand. In MCQs, the answer is

already on the answer sheet but is proven to be more difficult

(according to some friends, and the bar statistics) given that exam-

iners have this brilliant ability to cloak the choices to make all of

them seem correct.

And now with these pendulum-like shifts in the bar formats,

guessing that other law students would also affirm, this brings in

anxiety. Taking the exam in varying annual Bar exams is like be-

ing lab rats for a new intellectual experiment of flip-flopping

MCQs and the essay-type questions. As a junior law student this

sure brings fear and uncertainty; wondering what could then again

be the SC reform by the time (God-willing) that I take the Bar.

But truth be told, the kind of legal mind and logic will not change

no matter what kind of Bar Exam format will be adopted. It will

still be based on reading, understanding, consideration of the ap-

plicable law, and answering time for the questions. With this, I

believe then that the preparations would not substantially change,

including the relentless prayers to the Almighty to pass the Bar.

That is one of the things which would always remain constant.#

The Philippine Bar exams, since its advent about 102 years ago,

constantly tested the aspiring lawyers on their fitness to belong to

the league of lawyers. Answered in a purely essay-type form, the

exam is arguably the most difficult professional examination in the

Philippines given the low national passing rate and stricter admis-

sion standards, not by the Professional Regulatory Commission

but by the Supreme Court itself.

Our exams have always been in this format and were adaptations

from our American colonizers. As noted by retired Supreme Court

Associate Justice Vicente Mendoza in 2003, the ―admission to the

Bar through a system of written examinations is a uniquely Ameri-

can tradition, which was transplanted in the Philippines‖. Without

a doubt as part of its mission of the United States‘ ―benevolent

assimilation‖ of the archipelago, the Americans replaced the Span-

ish system of admitting applicants to the Bar (previously based on

one‘s attainment of a licentiate in law and a period of apprentice-

ship), and replaced it with the American way. It can also be noted

that at present, one does not need to pass an exam to be a lawyer in

Spain; mere graduation from law school enables one to the prac-

tice of law.

The American practices and procedures remain the same as they

were first introduced in our country; and we have always followed

its conservative proclivity since the 1900s. At the turn of the cen-

tury, this conservative tendency was finally challenged with the

introduction of reforms for the bar examinations after some shares

of SC scandals. As an example, the 2003 Mercantile Law leakage

greatly underscored the need to institute much-needed changes and

reforms in the conduct of the exams which nearly resulted in a re-

take examination. The SC nullified the examiner, and disbarred the

lawyer who go the questions from the examiner‘s computer and

faxed them to a law fraternity.

This scandal was later addressed with the clamor for reforms

through the work of Justice Mendoza, who had chaired the 2002

Bar exams. The three areas for major reforms include: 1) Struc-

tural and policy reforms, 2) Changes in the design and construc-

tion of test questions, and 3) Methodological reforms. He also

proposed reforms by the ―introduction of objective multiple-choice

questions in the Bar exams‖, the ―formulation of essay test ques-

tions and ‗model‘ essays by more than one Bar examiner‖, and the

―introduction of performance testing by way of revising and im-

proving the essay exam on Legal Ethics and Practical Exercises‖.

These proposals were subsequent adopted by the SC in Bar Matter

No. 1161, which was issued on June 8, 2004 and took effect on

July 14, 2004. Now, much reforms were made especially in the

last two years with the continuous shifting of the bar exam formats

10

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Bar Exam Reforms and the Formats See-saw By JRLGonzales

The Law Gazette | 2nd Sem., A.Y. 2012-2013

11

Student 1: Girl, nabalitaan mo na ba? May binaril daw na balot vendor sa comcent kagabi. Student 2: Huh? Naku, kawawa naman.

Three days later. Student 1: Girl, may kinidnap daw sa 5th street kagabi, natag-puang patay. Student 2: Huh? Naku, kawawa naman.

Few days later. Student 1: Girl, may bangkay na naman daw na nakita. Babae daw, kinidnap sa campus. Student 2: Huh? Na naman? Kawawa.

Our constitution provides, NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY AND PROPERTY WITH-OUT DUE PROCESS OF LAW. The Revised Penal Code further provides for the penalty in case of murder, homicide, robbery and other crimes. If you ask a law student what is the duration for the penalty imposed in case of any of these crimes, he would give the exact answer with lectures on the consequence of aggravating and mitigating circum-stances. If you ask him still how and where to file a case regarding these kinds of actions, he would give you in detail the procedure, the requisites to file the same. To the person who’s asking, said law student sounds great, intelligent and amazing. Yes, he is. He knows everything. But, what good if he knows every-thing when he does nothing? It is not what you know that makes you great; it is what you do with what you know that gives you greatness. Ladies and gentlemen, we are the proud stu-dents of law. As future lawyers, we are the guardians of truth and justice. Are we justified in simply knowing about the penalties and the various elements of a crime and just silently stand in the corner and watch as the law we respect and hold so dear is violated?

One may argue, yes, we are. He may even further say, “We can’t stand against the bullet, are you crazy?” or “It’s simply none of our business. People die every day for many reasons, it’s a fact” or “We are not the proper party”. Valid arguments, aren’t they? No, they are not. Because this person is the same one who lec-tures about what is wrong and what he would very much like to see change in the community. He is the very same person who questions the illegality and corruption of the authorities. He is one of the many who will sit in a corner and murmur about the injus-tices of the world. Fellow students of law, let’s be part of the change we want to see. Our learning must not be con-fined in the pages of our books. More importantly, we must be responsible and not let the knowledge of law be limited to us. Let’s take pains in ensuring that the law shall be known, understood and fully appreciated by the people who need it. The noble profession we chose doesn’t come with fruit cakes and chocolates. It is not without danger. We guard the truth and justice so we are the enemies of the wrong and unjust. It may come as a shock to us all but WE are the proper party. Or at least, we will be. Who is to say that we, or any of our family members, are not going to be one of those reported by Student 1 as killed or shot or kid-napped? Being a vigilant member of our community and to actively participate in an activity that advo-cates and fights for peace and justice, are enough to show that we care about the law we are spending a great deal of time and hardship studying. If we resign to the commonness of this violence as we see every day, how can we expect others not to do the same? And then won’t we ask ourselves, what does being a law student really mean? #

I AM A LAW STUDENT? By ABMusa

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The Law Gazette | 2nd Sem., A.Y. 2012-2013

Election 2013: A success

or a failure? By SMBarrat

Each one of us holds different opinion as to how the first

synchronized automated elections had worked out. Perhaps

for some other people, things had gone just well. That this

year‘s elections had solved some of the problems we always

met in the past. I wish I could agree, but for many reasons or

so, I could not. Not when I hear of violence and irregularities

that had occurred on the day of the election in one of the

municipalities in Lanao del Norte. And certainly not when I

was able to see in my own eyes how things had actually

taken place in one of the municipalities in Lanao del Sur.

Days before May 13, I was somewhat optimistic about how

things are going to be just right. Besides the General Instruc-

tions for the BEI promulgated by the COMELEC (which I

then believed would be strictly complied with), my experi-

ence in training watchers from different places (having

learned from them the problems they experienced in the pre-

vious elections) had made me somehow hopeful that in one

way or another I could do something to promote an honest,

clean and peaceful election in the place where I chose to be

engaged as one of the paralegals of a certain candidate. But

just as expected, things can always go the wrong way in

Lanao del Sur. That laws, in whatever form they may come

in, can always be made the subject of compromise or of

some self-imposed rules.

The “lost” or perhaps disoriented BEI

I really had nothing against the appointments of police offi-

cers as members of the BEI even when there were qualified

teachers (both in public and private schools) to function as

such since I had to concede that their presence might be

helpful in maintaining order especially that the place where

we were is considered a hotspot. What I find unacceptable

and intolerable, however, is their lack of orientation and

training which, contrary to what is expected of them, had

produced unwarranted results. I can barely forget the times

when I had to confront one BEI member for making the vot-

ing order like a raffle draw and another for letting other vot-

ers assist illiterates for as many times as they wanted to.

There was even an instance when I had to argue with the BEI

chairman in one precinct for letting watchers see the ballots

openly and talk to the voters while they cast their vote, and

had to tell him repeatedly that it is within the ambit of his

authority to prevent it when he said that it was the AFP rov-

ing team‘s duty to do so. There was also a time when I had to

assert that the unused ballots must be torn lengthwise when

the BEI told the watchers that said ballots had to be simply

put in the envelopes as ordered by the election officer. Fur-

thermore, I was able to witness one situation when support-

ers of both sides had come into heated arguments and almost

into infliction of physical force because the BEI decided to

close the polls as early as four in the afternoon.

The “too smart” EO

I do not question the capacity of the election officers. It is

just that I have doubts as regards the one assigned in the

municipality where I was a paralegal. That is, unless any

of my professors tells me he was correct, I cannot come to

terms with him as to his own interpretation of the rule on

assistance to illiterates or PWDs in casting their votes. I

had the chance to talk to him personally when one of the

watchers I was supervising reported to me that the BEI

members would not listen to her when she asked them to

not let just anyone not qualified as an assistor to assist.

Asking him to enlighten me about the rule, he said that

any person for as long as the illiterate or PWD points his

hands to (even if not related to him within 4th civil degree

of consanguinity or of affinity, or not living with him in

the same household where he reposed his trust or confi-

dence upon, or not a member of the BEI) may assist him

in casting his vote.

The excited candidate

I believe there is really nothing wrong with every candi-

date being aggressive in knowing the status of the polls

because that is normal. But keeping oneself updated about

what is going on does not necessarily mean one has to be

actually in the polling places and remind his watchers to

check the voters‘ ballots if they really voted for him be-

cause that is one way of exercising undue influence.

The things I mentioned are just some of the problems

which actually happen during elections not only in Lanao

del Sur. As a matter of fact, things are even worse in other

places…like the people experiencing lawlessness and vio-

lence. There is a lot more I wish I could tell but I am

afraid it will take the whole space of every page in this

publication. So I will just end this article and answer the

above question indirectly by telling you what a good

friend would probably say if she reads this---things hap-

pen because we let them happen. #

The Law Gazette | 2nd Sem., A.Y. 2012-2013 Opinion

12

Legal Mind

British writer John Ruskin said that, ―All books are

divisible into two classes, the books of the hour, and the

books of all time.‖ How do we catalog a book into one of

the former, and one of the latter? Certainly, that question

calls for a benchmark categorization.

The recently published and well-taken ―Handbook

on Philippine Civil Law‖ authored by no less than former

Dean Pama L. Muti emphatically deserves commendation

sans hyperbole. I am humbled and privileged at the same

time to have been given the task of coming up with its re-

view.

To start with, I will not claim expertise as I will

base my preference on my own criteria of how an engaging

book should be (especially so that in law school, one, most

often than not, finds himself intoxicated by protracted book

exposure) – simplicity, comprehensiveness and clarity.

Simplicity. No one will refute that the book boasts

of simplicity. This should not mean stark though as what is

simple usually comes hardest. Paradoxically in fact, the

end product of former Dean Muti‘s handcraft that allegedly

lasted for a year or two reminds me of the following line

uttered by one Italian bishop, one of the main praises that

we give to a writer or a practitioner of any liberal art is

that he knows how to explain his ideas clearly, and that

even if his subject is lofty and difficult, he knows how to

make it plain and intelligible to all by his easy discourse.

How it was presented in its simplicity- it was able

to do away with the usual notion that all books that talk

about law are too complicated for the layman to even lay

eyes on (a.k.a boring). I know of someone who is not in any

way related to law school but have been ignited with sudden

curiosity on the Family Code just by scanning the hand-

book. Perhaps the book itself, in its simplicity, is an open

invitation for law and non-law advocates to at least have a

glimpse of the Philippine Civil Law.

Comprehensiveness. Probably, one of the most

difficult tasks that a law student encounters is to overcome

that feeling of nausea just by looking at those voluminous

books piled on his shelf (and I am not exaggerating when I

say this). This is especially true when one is already on his

last year in law school when, as cliché as it may sound, time

becomes of essence.

But with former Dean Muti‘s handbook and its

comprehensiveness—one surely never did expect that five

volumes of Paras could actually be shortened into a 530-

plus-page handbook—time becomes a law student‘s best

friend (this is of course should be alongside a hundred and

one percent serious reading and studying). True to his

words at the time when the book was not yet published, a

supposed 1000-page of Paras Persons and Family Relations

was reduced to a 113-page of full-blast discussion! It is

literally having an all-in-one, one-stop reminder of the ba-

sics that allows one to resuscitate (a term borrowed from

another brilliant professor in the College) almost forgotten

principles and doctrines.

Clarity. The book reflects straight forwardness.

Most law books present things in a provision-to-provision

method that sometimes leaves one in a

limbo as to how these laws should be

integrated into one whole con-

cept comprehensible enough

for a student to remember all

the days of his law school

life until bar (specific case in

point: remedial law). With

due respect to the other authors

(whose intellect and competence I

never question), there are just

things that need not be complicated

just for the sake of having a lengthy

discussion and in the process, com-

promising the very purpose these books

should serve- helping the students know

and understand.

Former Dean Muti‘s hand-

book certainly does not contain any

of those extensive presentations of

cases that law students, honest-to

-goodness confession, do not

really take time reading (students

of the College presumably agree

on this). It sticks to the jurisprudence which is what is actu-

ally necessary and has to be remembered. It clarifies things

sans the repetitious citations of cases that sometimes prove

superfluous. Of course, this is not to say that cases should

be dispensed with.

Finally, the handbook is literally a tap on the

shoulder - almost like a friend telling a law student, Hey, in

case you have forgotten, this and that is how things are...It

is a vital and time-saving aid especially for law students

who are on their last year in law school and in the struggle

to wrap everything up within the shortest possible time be-

fore the dreaded bar examination. Certainly, for those who

are in this same predicament, the handbook may as well be

considered the book of the time. #

The Book That Taps By Atty. Athiena R. Mamailao

13

The Law Gazette | 2nd Sem., A.Y. 2012-2013

14

Age is a relative thing. Some people look and ‗seem old‘ than their actual younger age. But some exceptional people like Senator Juan Ponce Enrile who already turned 90 this Valen-tine‘s Day, are still exuberant and continue to shape history up to this day. Forty years after Martial Law, this Cagayano ‗political survivor‘ seems to go against the laws of longevity. JPE is at an age where his compatriots are already six feet under. This is a list that salutes to this longevous senator who wants nothing but ‗for us to be happy‘. Here are— 10. Discovery of Pluto The planetary body counted as the ninth planet in the solar sys-tem was discovered in 1930. The Senate President was already in the universe when the planet Pluto was still to be written on the astronomic journals. 9. Israel After the UN partitions Palestine, the Jewish Agency executive committee declares the independent state of Israel. Arab states led by Egypt and Transjordan declare war but Israel wins its war for independence in 1948. Manong Johnny was already a young man when all this took place. 8. Larry King JPE is already a nine-year-old Cagayano when the CNN legen-dary talkshow host was born. That sure made you ask whether Enrile‘s immortal. 7. Hindenburg Disaster A stiff airship, the Hindenburg was one of the largest airships ever built which measured 245 m (804 ft) long. On a very shocking fashion captured on film, The Hindenburg ignited and burned on May 6, 1937, just before landing in New Jersey killing thirty-six people were killed. Little Johnny‘s already an adoles-cent hippy-hopping the shores of Gonzaga, Cagayan. 6. Ball-point Pen It wasn‘t until 1938 that a Hungarian brothers Georg and Ladis-lao Biro solved the flow problems that were plaguing their predecessors and had his smudge-free name written in the chronicles of pen history. Our Senate President from the school of hard knocks, in fact, used not ball-point pens but fountain pens back in the day. 5. Penicillin The action of natural penicillin was first observed in 1928 by bacteriologist Alexander Fleming, but another ten years passed before it was studied by others. Finally, in 1942, when JPE was presumably an unvaccinated eighteen-year-old, John Bumstead and Orvan Hess became the first physicians in the world to suc-cessfully treat a patient using penicillin. 4. Chocolate Chip Cookies Apparently, the chocolate chip cookie has not been around since the dawn of time. It was, in fact, invented in 1937 by Ruth Graves Wakefield of Whitman, Massachusetts, who ran the Toll House restaurant. Guess who‘s older than them chocolate cookies. Hint: It rhymes with Wan Bonse Enrime. 3. Communism in the Philippines Formally established in 1930, it is now often called ―PKP-1930‖

Legal Entertainment to separate it from its far more known splinter-group, the Communist Party of the Philippines. Enrile was a young boy back then when the original Reds, led by Crisanto Evangelista, were rais-ing their left hands at the backdrop of the hammer and sickle. 2. Mickey Mouse Juan Ponce Enrile was already a young kid when American animator Walt Disney released the cartoon Steamboat Willie which starred Mickey Mouse. The short movie is the first ani-mated film with sound which eventually became wildly popular. Our Filipino comic counterpart, Tony Velasquez‘s Kengkoy is also younger than the gentleman from Cagayan. 1. You According to the 2010 Census of Population and Housing, the total population of the Philippines as of May 1, 2010 is 92,337,852 – and about 4 million (or roughly 4.3 %) are over 65 years of age… And you‘ll only be older than political icon Juan Ponce Enrile if you are a nonagenarian born after February 14, 1924. And as an addendum, the follow-ing are some of things older than JPE.

Homo Habilis Magellan‘s Discovery of

the Philippines Fire Dirt Lapu-Lapu Happiness Money The Wheel Jesus

10 Things Younger Than

JUAN PONCE ENRILE* *Editor’s Note: This article is the inflated list from the viral 8List article of JR Lopez Gonzales as posted in his blog at: http://www.politikalon.blogspot.com

Legal Entertainment

15

By SMBarrat Reading can never be fun. This is what I thought a few years back...until I be-friended the master of legal thrillers. The following are just two of John Grisham’s hit novels that I was able to read. They may be old but they are never untimely. The stories they tell would always and definitely hold application in the present.

The Chamber Sam Cayhall was a victim of

unfair circumstances. Raised

in a family of Klansmen who advocated for White Su-premacy, he grew up in a time where racial discrimina-tion was more of “a way of

life” than just an ordinary thing. He was sent on his death row for an irreconcil-

able mistake. His loyalty had made him suffer all alone the consequences of the act he himself did not intend to cause... But what was left for him to live any-way? He was nothing but a mess to his own family’s reputation...

The Chamber is a story about living, fighting and falling. Crafted with the power of his mind, John Grisham had

undeniably opened our eyes with two of the most important lessons of our time: first is that the doing of evil, regardless of its nature and degree is always sub-ject to public condemnation; and second is that a family, however distorted it may be, will always be one for better or

for worse.

A Time to Kill

At Ford County, Mississippi, life was normal for the

Hailey’s...until Tonya, 10 years old, black, was raped and was beaten nearly to death by two white, drunk and callous men. The incident

shocked the whole of the county and urged Carl Lee, father of the victim, to let the law play in his own enraged hands. As Jake Brigance tried to save him from the row, the defense lawyer found himself saving his own life at the same time.

In the end, justice prevailed though. The

jury’s verdict, without a doubt, implies that indeed there is a time to kill.

It’s MORE FUN in Law School! By NBDida-agun

There are times when we feel so isolated and detached

from the real world. Studying law is like being in a relationship. It

would demand a lot of time, effort, patience, and utmost passion.

We tend to stop hanging out with our high school friends, skip our

favourite teleseries, and not being able to watch Ashton Krutcher in

the big screen. Weekends, long holidays, and vacation would con-

note endless readings, upcoming exams, and terrorizing recitations.

Most of us usually rant our complaints in facebook, twitter and

other social networking sites because not one of us would (yet)

have the courage to tell the professor, ―Sir, pwede bang time out

muna?‖

Listed below are only some of those posts in twitter of law

students that you might be able to relate to:

Sources: twitter accounts of @opinionbuster and @lawstudentsPH

1. Kung pwede lang sabihin na, ―Sir pass muna, ‗di ako umabot

diyan. Maasar ka lang sa sagot ko. Pareho tayo mababadtrip.‖

2. You say it best when you say nothing at all. #recitfail

3. Swear to god, gamit na gamit na ang utak ko. Wala na tong isasa-

gad pa. #recitblues

4. Re: dami ng inaaral. Dean Riano: ―wala kang magagawa. Ambi-

syosa ka. Magdusa ka.‖

5. Lahat tayo merong kaklase na mahilig mag-rant na hindi sya na-

kapag-aral, pero palagi naman mataas sa recitation or exam.

6. Law school is a place where the professors are being cruel to be

kind.

7. Linya ng mga prof: ―Restate‖; ―Are you sure?‖; ―So?‖; Your

basis?‖; ―What kind of English is that?‖

8. Kung kailan sinisipag ka mag-aral saka pa magka-cancel ng klase

ang prof mo.

9. Grado ng mata ko, pataas ng pataas dahil sa kakaaral. Pero grades

ko hindi.

10. Kung nakakatalino ang Temple Run, pwede na akong magBar.

11. Kapag nag-aaral ako, feeling ko ginagahasa utak ko.

12. Dahil finals na pahiram muna Kuya Germs ng ―Walang tulugan‖

13. Yung eksenang binabasa mo ang tanong sa exam using ur proof's

voice.

14. Ang tunay na law student, eyebags pa lang, overweight na.

15. Oh, spiritu ng KASIPAGAN, sapian mo ako1 midterm exams na!

16. Standing outside my classroom debating whether I should go in

or not.

17. Ang pag-ibig ko sayo ay parang highlighter, nauubos din.

18. Sinusulat mo lahat ng sinasabi ng prof mo even mga words of

wisdom and quotable quotes.

19. Lagi nalang tayo nagsusunog ng kilay, arson arsonan naman to.

20. Hindi mo napapansin na ang pag-gamit ng good/bad faith o moot

and academic e alien sa ibang tao?

The Law Gazette | 2nd Sem., A.Y. 2012-2013

College Pulse

16

STUDENT CONCERNS. They say what they see. The future lawyers SPEAK their minds.

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Something‘s new in the college or nothing‘s new

with the environment. With the reign of our new

dean, every one of us is anticipating the positive

hope and changes that are geared for the better-

ment of the students or the College of Law as a

whole. Thus, in view with this, I asked some col-

leagues to give their comments and suggestions on

the query.

―It’s nice having a dean like Sir Moslem who is

supportive to the college activities and who cares for the

academic standard of the university. It would be better if

the college will have its own Bar Review Center.‖--

Inuyashia

―Kung gusto natin ma-reform ang college of law

dapat mawala na ang sinasabing discretion. Kung bagsak

ang isang student dapat ang titser isuli niya ang booklet

ng mga students para maiwasan ang doubt para at least

my basis. Sana malagyan ng CCTV camera if possible ang

mga rooms para maiwasan ang cheating.‖ –anonymous

“In fairness kay dean, mapiya so maintenance sa

college.‖- madame maricuicot

―A lot of areas in the college of law have to un-

dergo renovation, the curriculum has to be amended and

the manner of teachings has to be stricter in order to meet

the demand of today’s need.‖ –Lady lee minho

―To our dean, we cross our fingers for the pro-

gress of our college, sana there is no manipulation of

grades from your staff at my evaluation din sila from the

students. Sana mangigi babaw ang fairness at maging ma-

bait sila sa lahat ng students hindi lang sa kanilang mga

kilala, students na galing sa sikat na family- kawawa na-

man kaming hindi sikat ang family kung basihan ng

Exposé By NTAlimona

labanan kung minsan ay yan. Sana din maging fair si

maam at sir at no favouritism. Kapag ang hindi gusto na

student ang natawag sa oral mali o tama mali parin kung

minsan, pero kapag si favourite student ang natawag tama

o mali palaging tama at pasado.‖ – Padre Damasuwat

―We wish and hope na sana huwag basta-basta

judge yong students kasi hindi matalino, at duon e base

yong grades. Hindi po natin alam at ma measure yong

kakayahan ng isang student kung anu ang tingin sa

kanya.‖ -Erata

―Some professors have been shield with the so

called ―academic freedom clause‖ that made theme ex-

cused to perform their obligation as it ought to be as law

educator. All professors must do their utmost diligence in

educating and giving grades to their students because un-

deniably,the other part of success of every student in this

college lies in their hands.‖ - We-am

―Walang privacy yong grades lahat puweding

magkaroon ng access matingnan. Sana may magandang

environment at yong absences ng mga professors may

tends to kawalan ng gana to go school. Sana magkaroon

ng malinis na college para presentable tingnan na mata-

tawag na totoong college of law. Wi-fi na college for aca-

demic purposes and implementation of semi-formal at-

tire.‖- Friendship

Most of the students asked were cynical on the milieu of

the college, thus, we should be positive and be thankful for

the efforts of our dean to have a better College of Law that

we desire. Let us cross our fingers together and do our part

for the change we pray for our own college of Law.

Note: The views and opinions reflected on this page do not

necessarily reflect the stand of The Law Gazette.

17

The professor must ensure that the subject matter is well-

covered and that any other deviation from the main topic

should somehow be related to the same. Understandably,

the study of law is perhaps a science so broad that almost

anything can be discussed in relation to the same. Indeed, it

takes a lot of practice for the law professor to develop the

skill of ―sticking to-deviating from-and back to‖ the subject

matter. Certainly, this would reflect one more important

objective-that is, that a law professor should demonstrate

enthusiasm for knowledge and research.

A law professor should explain the bases for evaluating

student performance

This, perhaps, is one of those responsibilities of every

law professor which can never be dispensed with. The

evaluation of the performance of a student as can be

gleaned from his grades come end of the semester does not

rest upon the discretion of the law professor. It must be

based on the former‘s oral recitation (if any), his atten-

dance, and examination results. This rule is basic. Ideally,

the student should be well apprised as to how his grades

were computed. Quizzes, if there is any, and examination

results should promptly be returned to them and if possible,

the results of their oral recitation should likewise be shown

to them. That way, they can gauge by themselves their per-

formance in its entirety taking into consideration the num-

ber of absences committed, if any.

For the above reason, it is impossible for one whole

class to be given ―uniform‖ grades. Such practice is an evil

which casts doubt to the credibility of a teacher—more so

when he is a law professor. It further results to the follow-

ing scenario: the student who deserves some sort of reward

for burning the so-called midnight candle gets discouraged

whereas he who did not put enough effort in studying will

remain complacently lethargic thinking he will pass

whether or not he makes any effort—indirectly, the latter is

given the license to mock the former. As a domino effect,

such ugly scenario certainly reflects the reputation of the

institution where such law professor-law student relation-

ship exists. As a testament thereto, the result of each bar

exam would speak for itself.

A law professor should be the model for punctuality and

professionalism

Punctuality and professionalism. So primordial are

these that to even expound on them may be unnecessary.

But for the sake of emphasis, let us delve upon them.

While it is true that law students are degree-holders

themselves and that they should not be treated like children,

they should somehow be treated as protégés—the law pro-

fessors being the mentors. To the law students, the legal

profession is so noble and so elite that they look upon law-

yers with idolizing—if not envious—eyes. Every lawyer

should know this as once upon a time, they were law stu-

dents, too. For that reason, the lawyer-professor should be

conscientious as to his acts for he can be sure that his every

Ideal Ethics from page...3

by the Supreme Court, come Bar review. Suffice it to say,

then, that the importance of being able to cover everything

in the course syllabus is, to the law student, akin to a pre-

cious commodity.

A law professor should discuss relevant developments or

research findings to supplement course materials

One peculiarity of law school is Socratic Method. It is a

method whereby the professor pounds the students with a

series of mind-boggling questions designed to measure their

mastery of the subject matter. This method should however

work both ways. On the part of the students, they are moti-

vated to study either in the spirit of competition among

them or by fear of humiliation. On the part of the law pro-

fessor, he should come to class fully prepared. He should be

able to discuss on intricate topics and be ready to answer

inquiries should there be any. After all, the great philoso-

pher Socrates designed this mental gymnastics in such a

way that not only the teacher will ask questions, but also

vice versa. He should raise challenging questions and issues

and listen to the students. Further, he should be able to en-

courage and stimulate group interaction among the students.

A lawyer professor should establish rapport with the

students based on mutual respect

Mentioned above is the rigid Socractic Method. The

professor may sometimes employ techniques such deliber-

ate humiliation of the student if only to engrave the subject

matter to the students‘ mind. The professor should however

exercise utmost care and sensitivity in employing this

means as it may ―make or break‖ the students‘ ability to

comprehend the subject matter. Understandably, students

are-by nature-plagued by indolence and procrastination.

Thus, the need to grill them in class. But there also those

times when the subject matter becomes too complicated,

say for example when various provisions of the law must be

correlated to one another. In such instance, the law profes-

sor‘s insight, from the vantage point of logic gleaned from

the codes of provisions of the law, is more valuable. Simply

put, it is where the ―dots are connected‖ resulting to the

desired result of enlightening the law student. For this rea-

son, the law professor should reflect depth and insight as

well as clearly express his ideas.

A law professor should devote the class time for the at-

tainment of course objectives

One of the prerequisites of being a teacher is the so-

called ―academic license‖ by virtue of which he is given the

freedom to speak on any matter under the enormous sun. It

is, therefore, not uncommon for the professor to sometimes

deviate from the topic precisely because the purpose of this

is mainly to keep the class lively and to enrich every discus-

sion.

But such academic license is not without limitation.

The Law Gazette | 2nd Sem., A.Y. 2012-2013

move is being watched.

As a consequence, the lawyer-professor should display

qualities embodying his sworn Oath and the Ethics governing his

dealings. Foremost of these qualities may be PUNCTUALITY and

PROFESSIONALISM.

Punctuality in its plain and simplest meaning is being ―on time‖.

More importantly, it shows that the lawyer-professor take the best

interest of his students at heart recognizing that the latter‘s time and

that of the college is of value and not being on time sets an ugly ex-

ample to the students and reflect on one‘s character as a member of

the bar. Accordingly, when the professor is on time, the students are

likewise on time.

Professionalism, on the other hand, sums up all the qualities that

the law professor, as a teacher, should possess. R.A. 6713 establishes

its parameters in the following manner: Norms of Conduct of Public Officials and Employees. (A) Every public

official and employee shall observe the following as standards of per-

sonal conduct in the discharge and execution of official duties:

xxx

(b) Professionalism.—Public officials and employees shall perform and

discharge their duties with the highest degree of excellence, profession-

alism, intelligence and skill. They shall enter public service with utmost

devotion and dedication to duty. They shall endeavour to discourage

wrong perceptions of their roles as dispensers or peddlers of undue ad-

vantage.

xxx

That teachers are expected to exercise the highest degree of pro-

fessionalism is unquestionable. Be it stressed that, as earlier intimated,

teachers include ―all other persons performing supervisory and/or

administrative functions‖. Hence, the rule on academic professional-

ism is not limited to those who teach inside the classroom but to

Deans and Department Chairs—including their Assistants—as well.

Therefore, if law professors are expected to show professionalism by

being punctual and responsive to the students‘ academic needs, all the

more is a Dean expected to be the model to his own faculty members.

He cannot therefore demand his faculty to submit grades on time—or

earlier if possible—or to reprimand them for absenteeism if he him-

self is a perennial violator of such rules. For him to do is undoubtedly

unprofessional. It is a display of sheer lack of work ethics rendering

him unfit for the noble position entrusted to him.

CONCLUSION

Teaching law is not based on rigid formulas set in stone. It allows

flexibility and a certain degree of latitude as to the means and meth-

ods. The above discussion is a mere discourse on the ideal work ethics

of a teacher of law. In no way is it an exclusive list of teaching objec-

tives because so much more can be added. At the end of the day, eve-

rything boils down to one‘s sincerity to serve as a fountainhead of

legal knowledge for those who yearn to learn. Canon 5 of the Code of

Professional Responsibility provides this obligation, to wit: A lawyer shall keep abreast of legal developments, participate in con-

tinuing legal education programs, support efforts to achieve high stan-

dards in law schools as well as the practical training of law students and

assist in disseminating information regarding the law and jurisprudence.

It is best for us not to depart from so basic a duty. May the spirit of

professionalism and commitment to public interest be an instinct to us

rather than a conscious objective.#

18

Political Parties from page...7

various names and "advocacies". The basic party unit is at the municipal level; units then go up the ladder to the provincial party committee, then the national convention or directorate. These bodies are made up of prominent leaders of the party, former and incumbent elected offi-cials. Within these bodies there are central or executive committees which are made up of a smaller number of top party leaders. Except for the ruling party, none have permanent party headquarters or paid staff except during elec-tions. In between elections, party headquarters are usually at the party leader's home or office. Last year, I actually had the opportunity to talk to the president of a new political party, the Centrist Democratic Party (CDP) in the Philip-pines based here in Mindanao. I learned that there is a need ―to let the voters know about the party‘s platform and not on the demeanor of the person who leads it‖. I conceded with Prof. Jun Dumaug that there is a need to ―institutionalize an alternative to patronage-oriented political parties". Personal lives concern the mass voters instead of the party platforms in terms of taxes, regulations, open markets, and the like. There has been a paradigm shift regarding the synchronized elections, too. These elections make local candidates dependent on national candidates and their parties in contrast to the past where local officials, already in place in local elections held earlier, are ―needed‖ by national candidates in subsequent national elec-tions. Although local candidates still have to have their own campaign resources, the rapidly increasing cost of election campaigns have made national party organizations stronger because they have more access to larger pools of campaign be-quests. Author Joel Rocamora speaks of the event after the 1992 elections as an example of this shift [4].

Accordingly, President Ramos ‗anointed‘ former Lower House Speaker Jose De Venecia as Lakas-NUCD presidential candidate. To soften the undemocratic image generated by such ‗anointment‘ , Lakas organized two ―consultations‖ of party members. In the midst of the second consultation, however, the party leadership decided to undercut the process and leave the selection of the party's national candi-dates solely to the hands of President Ramos. Apparently, the ruling party has a distinct ad-vantage in campaign fund raising. It can tap government resources - financial, human, and institutional. In addition to government

The Law Gazette | 2nd Sem., A.Y. 2012-2013

funds, the ruling party is also better placed to secure contributions from business sources because of the party's control over government contracts, licenses, and other perks.

To wrap up, these political parties are but alive during elections. They are not ideological, but rather, most are merely instruments of the same upper classes. These political factions rely on the image-building of those represent-ing it.

Despite these factions‘ unpopularity, these remain as instruments for social mobility. If only reforms are made on our system for the parties to effectively aggregate interests and translate them into sound policies. By limiting opportunities for cheating through the PCOS machines, or electoral reforms such as continuous registration, tamper-proof vot-ers‘ IDs, and what-nots; I believe that these can significantly change electoral behavior. On a personal note, I believe that new breed of political parties should flourish in our legislative body. A decent example is Akbayan (Citizens‘ Action Party), which a progressive party is built on the organizational base of the progressive movement, the social movement groups, and NGOs. Since political parties as such are ca-pable of identifying interests in society, aggre-gating them and translating them into policy can best develop in the context of a more par-ticipatory democracy. The important challenge to political parties may come from ongoing efforts to amend the constitution and a possible shift in the form of government. If it happens, it will force political parties to drastically alter themselves. Unifying the executive and legislative branches through a ruling party will force political parties to take on a stronger role, and develop greater capa-bility in policy-making. Accompanied by an electoral system based on proportional repre-sentation, I submit that changes in electoral behavior will bring about even progress on our political factions.# References [1] Jackson, Robert J. and Doreen Jackson. A Com-parative Introduction to Political Science. New Jer-sey: Prentice-Hall Inc. 1997. p. 77. [2] Joel Rocamora, Philippine Political Parties Conti-nuity and Change. Quezon City: Institute for Popular Democracy, Quezon City. 1998. p. 42. [3] Joel Rocamora, Philippine Political Parties Conti-nuity and Change, p. 43. [4] Ibid., p. 64.

EDITORIAL

Everyone thinks of changing the world, but no one thinks

of changing himself. –Leo Tolstoy.

Since we became busy for so many things these past few

days or a month, from 2013 Election and while we were having a

vacation, our minds and attention have also shifted. 2013 Election

and vacation are over so let us look forward for what our minds

can recall when we casted our votes for our chosen candidates.

It is dismaying to realize that we always ask for change,

chance and justice-but do we fully absorb their reflection? Why

can‘t we build viaducts instead of wall? Or it is a simple reminder

for all of us that justice has not yet been served or is it that still

our demands for a change and a chance are objectionable?

Ironic to say that hearsay are the ones holding us to-

gether instead of the truth. Hence, the struggle for betterment

can‘t be achieved and realized without stating the fundamentals.

As we presume to be aware and vigilant to the perennial social

cancer of the society, it is saddening to realize that the atmos-

phere around us is silent on those things invisible for the eyes.

With the premise of‖ Change, Chance and Justice ―, we

inspire to christen individuals to think and ask why? There is

change for a chance and a chance for justice. If these terms are

fully taken, why have we been puzzled by the change that is hap-

pening every now and then? And why do propagandas, stirring-

up emotions and the demonstration under the strong outpost still

exist? If justice delayed is justice denied, then let us not wait for

others to do for what we greatly need. Unless we act and do

something, we cannot make a divergence to eradicate the un-

wanted elements.#

CHANGE. CHANCE. JUSTICE.

19

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Contributors:

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ATTY. NADJER D. PINATARA

Adviser

FINANCIAL STATEMENT

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GREETINGS! Congrats to our successful new law-

yers! MSU-College of Law is proud of

you! -TheLawGazette

Happy Graduation to all graduates of

2013! May you find happiness in

every thing that you do! -

TheLawGazette

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Take care always… -Dante II

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Team for the establishment of our own

legal aid clinic! -Saidy