201511 TBT

Transcription

201511 TBT

THE
BAR
November
December
Issue
The Official Publication of the Integrated Bar of the Philippines
WHAT’S INSIDE:
• Visayas Legal
Summit
• Idulog mo sa IBP 2
• IBP in Guam
IBP Condemns
HR Violations in
IP Communities
The Bar
Volume 12 President’s Corner
Number 5
Official Publication of the
Integrated Bar of the Philippines
15 J. Vargas Ave., Ortigas Center, Pasig City
Tel. No. 63.2 6313014 • Telefax No. 63.2 9100417
Website: www.ibp.ph • Email: [email protected]
Board of Governors
ROSARIO T. SETIAS-REYES
Chairman
ABDIEL DAN ELIJAH S. FAJARDO
Vice Chairman &
Governor for Western Visayas
FRANKLIN B. CALPITO
Governor for Northern Luzon
JOSE I. DE LA RAMA, JR.
Governor for Central Luzon
BIENVENIDO I. SOMERA, JR.
Governor for Southern Luzon
ROMEO B. IGOT
Governor for Greater Manila
EMERSON B. AQUENDE
Governor for Bicolandia
MAE ELAINE T. BATHAN
Governor for Eastern Visayas
CAESAR S. EUROPA
Governor for Eastern Mindanao
DOMINGO T. REDELOSA IV
Governor for Western Mindanao
National Officers
National President
ABDIEL DAN ELIJAH S. FAJARDO
Executive Vice President
PATRICIA ANN T. PRODIGALIDAD
National Secretary
MARIA TERESITA C. SISON GO
National Treasurer
ROSALIE J. DELA CRUZ
National Executive Director & Chief of Staff
ANGEL CHONA GRACE I. VALERO-NUÑEZ
Administrative Officer
JONAS FLORENTINO D.L. CABOCHAN
National Director for Legal Aid
RAMON S. ESGUERRA
National Director for Integrity & Bar Discipline
RENATO S. DE JESUS
National Director for Peer Assistance,
Welfare and Benefits Program
PACIFICO A. AGABIN
Chief Legal Counsel Emeritus
VICENTE M. JOYAS
General Legal Counsel
MERLIN M. MAGALLONA
Editor-in-Chief, IBP Journal
MARIA ANGELA N. ESQUIVEL
Assistant National Secretary
JEWEL D. BULOS
Assistant National Treasurer
AVELINO V. SALES, JR.
Deputy Director for Bar Discipline
VICTOR D. RODRIGUEZ
Deputy Legal Counsel
OSCAR G. RARO
Managing Editor, IBP Journal
MELANO ELVIS M. BALAYAN
Presidential Assistant on Chapter Affairs
NASSER A. MAROHOMSALIC
Presidential Assistant on Publications & Media
OIC, Editor-in-Chief, The Bar
PERRY L. PE
Presidential Assistant on International Linkages
EDUARDO A. LABITAG
Presidential Assistant on ASEAN Integration &
Paralegal Services
Now Showing:
POLITICAL BURLESQUE AND GANGSTERDOM
T
his year’s Yuletide Season comes with political icings, not the snowflakes of Winter in the
West, but offbeat drama from the political stage
between two political aspirants to the presidency
of the country – one agog to slap the other guy
who, in turn prefers a slugfest to decide the score
between them. But the former would oblige to a
gun duel. And the guy from Wharton changed tack
preferring a sputumic wrangle.
This kind of behavior, opined a former president
of the country, is unpresidential, adding that any
presidential candidate should be “world class”.
Some people were amused at the “verbal showmanship” of the two (2) rivals. The word “slap”
bears social ramification when used in a sentence
other than its objective meaning. Say, when one
slaps a person, it may happen that he is not only
doing it for the sake of doing it or to express his
anger per se but his intellectual sentiment as well
toward his victim or his estimation of him.
Almost always a slap does not maim or result in serious injury. So, a slap, even in the legal parlance, is
classified under the category of offenses as “slight”
and denominated, “slander by deed”. So, when
somebody slaps somebody, it means the former
looks down on his victim as a mere so-so, whatever
that means.
Back to our story. Perhaps, so informed of the
functional or social meaning of the word “slap”,
the presidential candidate threatened with a slap
reposted with a dare for a slugfest, which word
carries as much derogatory message to his toughie
opponent, like he was telling him and everybody,
“See, who the half-man is, who only slaps.”
A legerdemain as much in the use of words, the
macho guy raised the stake with another challenge
and said that he preferred a gun duel.
In their verbal tussle, their words are poniards that
kill.
JUDGES ARE A FATHER FIGURE IN COURTROOMS
From 1999 to 2008, sixteen (16) judges were killed.
This figure has since increased. This year, more
judges felled to assassins’ bullets: two RTC judges
in Aurora and Bulacan, respectively, and a Northern Samar MTC judge.
Every time, the IBP would mourn and express its
outrage. They’re our brothers in the profession,
and we’re rendered lesser every time. For every
killing of a judge is a taunt to the legal profession.
Engaged in the private practice of law, I relate to
judges as a daughter would to her father. In the
courtroom and before a judge, we, private practitioners, plead our cause for his action. In a way the
judge does vicariously what a good father would to
his children at loggerheads over something. Except
for his calm disposition, impersonal and disinterested approach to issues and controversies, the
judge exemplifies that role.
I’d feel more painful emotions for an assassinated
judge, who lived his life in fame, exercising his
magistracy with conviction for truth and justice,
despite flutters of trepidation.
Judges like lawyers are heirs to human weaknesses
and frailties, including fear. I have this notion that
public functionaries in sensitive positions, especially judgeship would feel the jitters when confronted with hard choices affecting a man’s life,
freedom, and property. Nobody is a nerve of steel
except Robocop.
But what counts at the end of the day is not the
white in your face and the bulge in your eyes; it is
how you tided over the crisis. And most likely, the
judges, who were slain, came off it and dared the
stare of death.
I pray for the repose of their souls.
Get down! Don’t push your luck!
Merry Christmas and Happy New Year! Hear the
Angels Sing!
DOMINGO EGON Q. CAYOSA
Presidential Assistant on Environment
National President
DONEMARK JOSEPH L. CALIMON
Presidential Assistant on Alternative Dispute Resolution
JOSE VICENTE R.M. OPINION
Presidential Assistant on Human Rights
NILO T. DIVINA
Committee Chairman, Legal Education & Bar Admission
ZENAIDA N. ELEPAÑO
Committee Chairman, Research Services
We welcome feedback and suggestions.
Please write to [email protected].
ABOUT THE BACKGROUND ON THE COVER
ANNOUNCEMENT
IBP delegation led by National President SetiasReyes joins Manilakbayan ng Mindanao 2015 at
Liwasan Bonifacio.
Please send news articles of interest to the Bar
and the Bench and the nation for publication in
The Bar. We reserve our editorial prerogative.
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The Bar
T
he National Academy of Science
and Technology Philippines (NAST
PHL) Department of Science and Technology, the highest recognition and
advisory body on issues concerning
science and technology, launched its
40th NAST Celebration on 17 December 2015 at the Manila Hotel. Being
one of the supporters of NAST PHL,
the Integrated Bar of the Philippines
was invited to attend this prestigious
event along with other participants
from the academe, and concerned
private and public institutions.
INNOVATION FOR
SUSTAINABLE
DEVELOPMENT
By Atty. Angel Chona Grace I. Valero-Nuñez
Among the highlights of the event
were the Photo Exhibit and Unveiling of the NAST 40th Anniversary Logo,
the Awarding of the Winners of the
Logo-Making Contest, the Press Conference on the NAST 40th Anniversary and the Launching of the NAST
Activities. Among the distinguished
academicians who were part of the
program were the following: Academician Filemon Uriarte Jr. (Engineering Sciences and Technology Division),
Academician William Padolina (NAST
President), Academician Rafael Guerrero III (Agricultural Sciences Division),
Academician Jaime Montoya (Health
Sciences Division) and National Scientist Mercedes Concepcion (Vice President and Chair of the Social Sciences
Division).
Highlighting the event was the Lecture
of the Keynote Speaker, Secretary of
the Department of Science and Technology, Honorable Mario Montejo,
who discussed the Framework for the
STI-based sustainable development,
particularly on “Innovation for Sustainable Development”, emphasizing
science and technology as a social lever for the people and society.
how; 3. Program; and 4. Policies. He
also discussed in detail the eight (8)
Outcomes of this system: 1. Disaster
Risk and Climate Change; 2. Medium,
Small and Micro Enterprises; 3. Industries; 4. Information Technology and
Business Processing Management;
The secretary went on to discuss 5. Government; 6. Health; 7. Science
the four (4) important Science and and Technology Human Resources;
Technology-Based Innovation System and 8. Agriculture. He said that there
that enable innovation to develop are many challenges but there are
and prosper: 1. Facilities; 2. Know numerous ways to adress these con-
cerns including the institutionalization of programs, spreading innovation awareness, transforming ideas to
concrete products, prosperity sharing,
developing technologies and devising
solutions through a multi-disciplinary
approach. Most importantly, he said
that “Science and Technology should
be used for the benefit of mankind.”
(Author is IBP Administrative Officer
and Deputy Director for Legal Aid)
No Master but Law; No Guide but Conscience; No Aim but Justice
3
November - December 2015
Vox populi vox Dei, au revoir!
By Atty. Vicente M. Joyas
T
JO
his political principle saw its heyday in olden times when
democracy was largely a mental ideal, taking form and
shape in the exhortations of leaders and demagogues
who capitalized on popular causes to rouse up the people
into rebellion and put to death those who stood in their way.
But what is the concept all about?
The discussion of the voice-of-the-people dictum by Associate Justice Angelina Sandoval-Gutierrez in her concurring
opinion in the 2006 case of Lambino v. Comelec is instructive. Thus: “Vox populi vox Dei – the voice of the people is the voice of God. Caution
should be exercised in choosing one’s battlecry, lest it does more harm than good to
one’s cause. In its original context, the complete version of this Latin phrase means
exactly the opposite of what it is frequently taken to mean. It originated from a holy
man, the monk Alcuin, who advised Charlemagne, “nec audiendi qui solent dicere vox
populi vox Dei quum tumultuositas vulgi simper insaniae proxima sit”, meaning, “And
those people should not be listened to who keep on saying, “The voice of the people is
the voice of God, since the riotousness of the crowd is always very close to madness.”
The folly of the voice-of-the-people dictum is loud enough to be missed out. For one,
the Philippine society is founded upon the principle of republicanism which is also
the underpinning of the dictum. In a representative democracy, sovereignty resides in
the people who choose their leaders under the rule of majority or plurality in a multiparty electoral processes. One of the manifestations of republicanism is the notion that
ours is a government of laws and not of men. Fundamental of these rules would be the
Constitution which sets the qualifications of those who would be minded to offer themselves as leaders of the people.
The terse yet forceful disquisition in the 2013 case of Maquiling v. Comelec cannot be
more apt and compelling argument against the voice-of-the-people dictum. Thus: “The
ballot cannot override the constitutional and statutory requirements for qualifications
and disqualifications of candidates. When the law requires certain qualifications to be
possessed or that certain disqualifications be not possessed by persons desiring to
serve as elective public officials, those qualifications must be met before one even becomes a candidate. When a person who is not qualified is voted for and eventually garners the highest number of votes, even the will of the electorate expressed through the
ballot cannot cure that defect in the qualifications of the candidate. To rule otherwise
is to trample upon and rent asunder the very law that sets forth the qualifications and
disqualifications of candidates. We might as well write off our election laws if the voice
of the electorate is the sole determinant of who should be proclaimed worthy to occupy
elective positions in our republic.” It must indeed be “vox populi vox dehins.” (Author is
former IBP National President (2013-2015) and presently IBP General Counsel.)
4
IBP: “Sentinel of the Rule of Law”
D
The Bar
IBP EASTERN AND WESTERN VISAYAS
JOINT REGIONAL LEGAL AID SUMMIT
D
espite the postponement of the
original schedule due to the APEC
Summit, the IBP Eastern and Western
Visayas Joint Legal Aid Summit proved
to be a successful activity for both regions.
everyone to the summit. Participants
coming from the two (2) regions gave
their insights and shared their best
practices which proved to be helpful
in furthering Legal Aid services of the
IBP.
With IBP Leyte as host chapter, the
Joint Summit was held last November 30, 2015 at the Sabin Resort, Ormoc City. The program was formally
opened by IBP Eastern Visayas Governor, Atty. Mae Elaine Bathan who
acknowledged all the participating
chapters from the two regions. President Rosario Setias-Reyes welcomed
IBP Eastern Visayas most specially
takes pride that it is the only region
that has declared and marked the
third Monday of September of each
year as the IBP Eastern Visayas Legal
Aid Day. On said date, the chapters
will simultaneously hold and conduct
several activities within their respective jurisdictions in relation to legal
aid.
At the summit, the participants had
their Second Eastern Visayas Regional
Council Meeting where plans for the
House of Delegates, Eastern Visayas
Regional Convention and updates
from the national office were discussed.
The program was formally closed
by Executive Vice President and IBP
Western Visayas Governor, Atty. Abdiel Dan Elijah Fajardo. The day ended
with fellowship and fun.
5
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IBP CENTRAL LUZON’S INTERNATIONAL
LEGAL AID MISSION IN HONG KONG
By Atty. Socrates A. Padua
T
he IBP Central Luzon undertook an International Legal Aid Mission in Hong Kong,
with OFWs in that autonomous territory of
China as target clientele. The Mission, led by
IBP National President Rosario Setias-Reyes
and IBP Central Luzon Governor Jose Dela
Rama carried out its volunteer work for two
days, November 14-15, 2015. Included in the
Mission are 37 lawyers from the region, several colleagues of the governor from the U.S.T.
Graduate School Law Alumni Association and
six support staff.
The Mission attended to the legal needs of
449 OFWs in Hong Kong. About 231 of them
availed of the free legal consultation component of the program, 72 attended its legal forum at the Philippine Overseas Labor Office
(PALO) and 37 at the Philippine Consulate.
At the session at the Philippine Consulate
General, Consul General Bernardita Catalia,
Vice Consul Timmy Guzman-Quintin and Vice
Consul Chuck Macaspac welcomed the par-
6
ticipants. Several Hong Kong-based Filipino
lawyers also attended the session.
At the affair in the Philippine Consulate, Atty.
Bembol Castillo (President of IBP Nueva Ecija)
discussed the topic on annulment of marriage, while Atty. Socrates Padua (PRO IBP
Central Luzon) lectured on investment scams
and loan obligations. National President
Setias Reyes, Gov. Dela Rama, Atty. Angelo
Lopez (Director for Legal Aid for Central Luzon) and Atty. Kim See of the UST Graduate
School addressed additional queries from the
attendees.
Elated at the warm reception by the OFWs for
the Mission and its legal aid program, Consul
General Catalla suggested the holding of a
similar undertaking twice every year in Hong
Kong. He recalled with thanks and gratitude
the first Idulog Mo sa IBP Legal Aid Mission
in the Chinese territory conducted by IBP
Bataan and Pampanga Chapters in October
2014. Barring force majeure and to the nod of
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Governor Dela Rama, the National President
acceded to the request and committed the
return of the IBP Central Luzon to Hong Kong
in opportune time.
For the session at POLO, Atty. Darwin Reyes
(Pampanga Chapter President), Atty. Peter
Paul S. Maglalang (IBP Central Luzon Executive Secretary), Atty. Angelo Lopez and Atty.
Socrates A. Padua dwelt on the broiling controversy over the “Laglag Bala” issue. Most
OFW attendees just started work in the island
and were in the office for their Post-Arrival
Orientation Seminar.
On November 14, the Mission made a courtesy call on the officers of the Hong Kong Bar Association (HBA). During the meeting, Kim M.
Rooney, Chairman of the Special Committee
on International Relations of the association,
signified her intention to enter into a Memorandum of Agreement with the IBP in relation
to the promotion and protection of their respective expatriates and migrant workers.
The missioners also met with Filipino lawyer
Jay Santiago of the Hong Kong International
Arbitration Center who gave them an overview of the rules and conduct of arbitration
in the autonomous territory. He invited everybody to get accredited as arbitrators under
the Center.
Linkage was also forged with Hong Kongbased media outfits, the Metro Plus Broadcast Corporation and HK Pinoy T.V.
The IBP Central Luzon committed to share
episodes in its legal aid on air segment, Idulog
Mo sa IBP, aired during the broadcast of PTS:
Pinay Tayo SanMan over 1044 AM, with the
Pinoy broadcast industry in Hong Kong for airing, which is going to be hosted by Federico
Paragas a.k.a. Tita Kersy and Michael Vincent.
The legal aid on air project for OFW’s will have
IBP Central Luzon lawyers on phone patch to
address legal queries of OFWs in Hong Kong
during the live radio broadcast, which pro-
gram will debut on November 27, 2015 and
run every 2nd and last Friday of each month.
Besides National President Setias-Reyes and
Central Luzon Governor Dela Rama, the following composed the IBP Central Luzon’s International Legal Aid Mission:
Atty. Carmelita C. Reyes-Eleazar
(Deputy Governor for Central Luzon (CL)), Atty. Peter Paul S. Maglalang (CL Executive Secretary), Atty.
Baby Ruth U. Torre (CL Secretary
and Pangasinan Chapter President),
Atty. Teodoro Camacho, III (CL Auditor), Atty. Socrates Padua (CL P.R.O.),
Atty. Mariemeir I. Marcos-Rivera (CL
Treasurer), Atty. Lady Jane G. Batisan
(CL Deputy Director for International
Affairs), Atty. Alreuela Bundang-Ortiz
(CL Director for Legislative Affairs),
Atty. Norman Benigno C. Roxas (CL
Deputy Legal Counsel), Atty. Angelo
Justin Iñigo O. Lopez, III (CL Director
for Legal Aid), Atty. Joy CasupananAranas (CL Director for Women and
Children Welfare), Atty. Joseph Ama-
dito Samson (CL Director for Sports),
Atty. Marilet Santos-Layug (President of Bataan Chapter), Atty. Bembol DL. Castillo (President of Nueva
Ecija Chapter), Atty. Darwin Reyes
(President Pampanga Chapter), Atty.
Leslie Taruc-Orencia (President of
Tarlac Chapter), Atty. Mark John
M. Soriquez, Atty. Jade Paulo Molo,
Atty. Salvador Moya II, Judge Angelo
C. Perez, Atty. Frederick Y. Gonzalesl,
Atty. June J. Barioga, Atty. Woody
John G. Espera, Atty. Karen Anne R.
Pajarillo, Atty. Ponciano dela Cruz,
Atty. Regina S. Salonga, Atty. Mamilo
Royulada, Atty. Teodora S. Cerdan,
Atty. January Ragudo, Pros. Noel S.
Adion, Atty. Christian Rhee Delfin B.
Orencia, Atty. Mary Kimberlie See,
Atty. Paul Lemuel Chavez, Atty. Arlyn
Agtays, Atty. Nick Salamera, Cynthia
R. Angeles, Melissa L. San Pedro,
Janice dela Cruz, Jeanifer Maglalang, Joaquin Francis Maglalang and
Lorein Joven. (Author is P.R.O. of IBP
Central Luzon)
7
MANILAKBAYAN NG MINDANAO 2015
WELCOMES IBP AT THE KAMPUHAN SA LIWASAN
T
By Jomorito “Datu Imbanwag” Guaynon
he Integrated Bar of the Philippines (IBP)
joined the Manilakbayan ng Mindanao at
the latters’ camp-out at Liwasang Bonifacio
on November 3, 2015. The IBP National Officers led by National President Rosario SetiasReyes, together with the Lumad and the
Moro people of Mindanao, held their press
conference at the camp-out, denouncing government indifference, nay, inaction at the dire
plight of the indigenous peoples in the country in general.
Particularly and in solidarity with the Manilakbayan 2015, the IBP called for a stop to Lumad
killings and the arrest and prosecution of the
perpetrators who are members of the security apparat of the State. Through Atty. Reyes,
the official organization of lawyers called for
the disbandment and disarming of paramilitaries and the dropping of all trumped-up
charges against Lumad leaders and Mindanao
activists.
Jomorito “Datu Imbanwag” Guaynon, spokesperson of the Manilakbayan 2015, expressed
the group’s appreciation for the posture of
the IBP officials on the plight of the indigenous people.
Together with the National President at the
Presscon were Atty. Romeo Igot, IBP Governor for Greater Manila Region and Atty.
Nasser Marohomsalic, former IBP Governor
for Western Mindanao Region and former
Commissioner of Human Rights. Atty. Marohomsalic is now the IBP’s Presidential Assistant on Publications and Media and OIC Edi-
tor-in-Chief of The Bar.
“We are happy that they have extended efforts to come, hear and listen to our plight. In
this occasion, we think it is apt that we echo
the call for government to drop the trumpedup charges against our mass leaders, as part
of our agenda in this year’s Manilakbayan,”
Guaynon declared.
Guaynon brought into light the recent string
of trumped-up charges against leaders of
peoples’ organizations, and more than 250
activists who are into anti-militarization campaign in Lumad communities and political and
human rights work.
These charges, he observed, are designed to
sow fear in them and stare them down into
giving up their advocacy.
Guaynon himself faces two separate cases of
trumped-up charges. One had already been
dismissed. The other, for allegedly murdering
his nephew who is a member of the CAFGU
force, is still in court.
Guaynon raised his defense for Juanito Canberra, Chairperson of KMP-Zamboanga who
faces charges for crimes he allegedly committed as a member of the New Peoples Army
(NPA), explaining that thousands of peasantfolk can attest to his civilian status and noninvolvement in these crimes.
He also took issue with the charges of serious
illegal detention and kidnapping filed against
Kerlan Fanagel, a Blaan and leader of the regional confederation of Lumad organizations
in Southern Mindanao, explaining that the
tribal leader could not be a subject of indict-
8
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ment for his act of helping 700 Manobos in
fleeing from military forces in the countryside.
effort of the courts but are efforts to harass
and hamper the advancement of our cause,”
Guaynon said.
ties were also dismissed late October as well,
by the Davao City Prosecutors Office, for lack
of merit.”
Further, Guanyon hit at the murder raps
against Genasque Enriquez, former KASALO
secretary-general, explaining that the Lumad
people of CARAGA have already come forward denying the military accusation that he
was involved in any shooting engagement between the military and the NPA in the region.
Guaynon warned and said, “Government’s
sinister disposition against legitimate activism
is an alarm bell to possible future attacks on
peoples’ organizations.”
Guaynon asked the IBP National Leadership
to push its regional offices to carry on and
step up their human rights desks in their 85
local chapters throughout the country as the
government steps up their attacks against the
people of Mindanao who are protesting plunder and militarization.
Guaynon decried and branded these “statebacked steps to burden mass movements
with fake charges, filed by the military and
their bogus Lumad leader cohorts”, a “McCarthyism”, adding, “The charges are outrageous; they even include labor leader Crispin
“Ka Bel” Beltran and former CPP chairman
Jose Maria Sison.” Sison wasn’t in the country
at the time while Rep. Beltran was long dead.
“For us, these trumped-up charges are a parody at the justice system. We stand that these
are not valid cases that deserve the time and
“We ought to remember that Oplan Bayanihan uses the “Whole of the Nation” approach, which means that it will utilize any
high-handed tactic and technology in its political armory to curb our struggle, including
the employment of Strategic Lawsuits Against
Public Participation, or SLAPP.”
“But we are confident that these trumped-up
charges will be dropped. We can stand up to
the rigour of the courts, with the legal profession on our side. Already, trumped-up charges
against 13 peasants in White Culaman, Bukidnon, were dismissed last October. Kidnapping
and serious illegal detention charges against
15 leaders and progressive media personali-
Over 700 Lumads and members of their support groups have travelled from all over Mindanao to stage a month-long protest here in
the capital, to decry the state attacks against
their self-help schools, communities and people. After a week of peoples’ camp-out in UP
Diliman, the Manilakbayan transferred their
camp-out to Liwasang Bonifacio last November 2, 2015. (The author is Higaonon Chief,
Kalumbay Chair and First Nominee of Sulong
Katribu Partylist)
9
IBP TAKES UP LUMADS’ RIGHTS
T
owards the end of October, 2015, various Lumad groups from all over Mindanao joined together with various support groups in a caravan and trekked to
the country’s capital in an effort to bring
to the fore the issues against the persecution of indigenous peoples including the
militarization of Lumad communities, encampments in Lumad schools and extra-
By
Jose I. De La Rama, Jr.
National President Setias-Reyes (2nd from left) in a Press Conference on Lumad issues.
judicial killings of Lumad leaders. This was
Manilakbayan ng Mindanao 2015.
While they were gathered at Liwasan
Bonifacio, a contingent from the Integrated Bar of the Philippines (IBP), led by
Pres. Rosario T. Setias-Reyes, met with
Lumad leaders and listened to their grievanes. In expressing the IBP’s commitment
to support the plight of our Lumad brothers and sisters, President Reyes promised
that she would go to Mindanao to visit
and listen the Lumad evacuees and victims of human rights abuses.
Last December 29, 2015, in fulfillment of
this promise, President Rose Reyes, accompanied by IBP Goveror for Central Luzon, Atty. Jose Dela Rama, flew to Davao
City. There, they were joined by IBP Governor for Eastern Mindanao, Atty. Caesar
S. Europa, as well as by officers of the IBP
Davao City Chapter led by Atty. Dinah Tolentino-Fuentes and, together, they went
to the Haran House in Davao City, where
the UCCP pastors, with the assistance of
various support groups, have been giving
sanctuary to around 700 Lumad evacuees, or bakwits, from Kitaotao, Bukidnon
as well as from Talaingod and Kapalong,
Davao del Norte.
In the course of the dialogue with the
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Lumad leaders, the IBP officers were
able to hear first-hand accounts from
evacuees themselves of how they were
forced to leave their homes due to the
militarization of their communities, the
encampment by military forces in their
home-grown schools, and forced recruitment into paramilitary groups alleged to
have been created and supported by the
Armed Forces of the Philippines.
One could not help but remember the
emotional plea of one Lumad leader
who, after narrating how they, including
their women and children, were forced
to leave their communities and belongings and trek on foot for several days to
escape from being caught in the middle
of the shooting war between the AFP, the
paramilitary forces, and the NPA, simply
said “Gusto lang namo nga makabalik sa
amo-ang simpleng panginabuhi nga malinawon” (We only want to return to our
simple way of life in peace). One sickly
child died along the way.
After hearing about the atrocities they
suffered, President Rose Reyes assured
the Lumad evacuees that the IBP would
do what it can to try and alleviate their
situation. In concrete terms, she assured
them that the IBP will not only be there to
provide legal services to Lumad victims of
oppression and human rights violations;
the IBP national officers will take the necessary steps to bring their grievances to
the attention of the higher authorities of
the Armed Forces of the Philippines and
the Department of Education, among
others. (Author is IBP Governor for Central Luzon)
11
Through A Glass, Clearly:
THE KILLING OF
LUMAD LEADERS
By Atty. Nasser A. Marohomsalic
When has mere friendship or good neighborly relation become a gravamen of a crime?
NEVER.
The Anti-Subversion Law of 1957 penalizes
membership in the Communist Party but not
one’s mere personal association or friendship with its members, without him doing any
veritable and overt act of subversion. This law
was dumped by the EDSA Revolution and deleted in the statute book in September 1992.
T
An attempt by the Macapagal Presidency to
restore it was scored against and nipped in
the bud as “retrogressive”, ... “like going back
to the primitive years when we label people
as communists and insurgents... a throwback
to the Jurassic era when mere membership in
a group is ground for punishment when what
should be sanctioned are overt illegal acts
and not mere organizational affiliation”, ... “a
step backward” and etcetera.
The late Senator Joker Arroyo described the
Anti-Subversion Law as a “wretched law.”
H
istory notes that the LUMAD population of the country has been regarded as
pushovers of society, always at the receiving
end of public policy, their social rights trampled upon in the name of progress, development and nation-building. As a result, most
tribes settled in the frontiers, hoeing out a
living by crude farming on slopes and rocky
fields. Incidentally, insurgents find their lairs
in the bowels of the earth too and they become “neighbors” of the tribes.
Even when they’re far out of each other by
natural barriers and distance, they’re afforded with a liberal allowance of time to do their
leisure. Rebels move about in the jungle, taking to network of trails that run through tribal
villages, where they can layover for a good
rest and make friends with the folks. Indeed,
for their friendliness and public spiritedness,
they’re fondly called as the “Nice People
Around” (NPA).
But the neighbourliness or “pakikipag-kapwang tao” by the indigenes with the rebels
throws off the military which casts a jaundiced
eye at them. During the regime of Martial
Law, government “hamletted” tribal villages
into one community, a strategy the military
thought would deprive the communist insurgents of their supply bases and havens.
However, after and beyond the demise of the
authoritarian government, the military arm of
the Communist Party, the New People’s Army
(NPA), still holds sway in the mountains and
hills as the fishes are in their ocean habitats.
A PROMISE FULFILLED
Giving flesh to her words, IBP National President Rosario SetiasReyes and IBP Central Luzon Governor Jose Dela Rama, Jr. met last
January 8, 2015 with General Virgilio Garcia who promised and
delivered the letter raising the concerns of our Lumad brothers
and sisters preparatory to the planned consultation meeting with
the higher authorities of the Armed Forces of the Philippines. This
marks the start of the earnest efforts of the IBP national officers
addressing the concerns of our indigenous peoples in Mindanao.
Also in the meeting was Deputy Director for Legal Aid Atty. Romarico Ayson.
12
Nevertheless, in encounters between NPAs
and government forces in the hinterlands, almost always members of tribal villages within
the vicinity are put on the spot, looked at with
suspicion of complicity by the military, especially when its troops lose out to the NPAs
or they’re caught with their trousers down.
It is no wonder then why almost always the
killings of tribal leaders are attributed to the
Philippine Military, the most recent are some
leaders of the indigenes at Caraga Region in
Mindanao. Their social affinity and members
of their tribes came to Manila on a long trek
lasting for days in November this year to make
known their grievances to the powers-that-be
and prick their collective conscience.
It flutters from my mind the idea that the
mindset that considers most tribals as minutemen or material supporters of the NPA or
what-have-you is put up as a handy excuse for
the failure of the military to punch hard and
fast the rebels in jungle warfare.
F
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The Bar
IBP PUSHES REVIEW OF PNPA CURRICULUM
T
he Senate Committee on Justice and Human Rights tackled the complaint of Amnesty International on the increasing number
of cases of torture and ill-treatment in the
Philippines by elements of the Police Establishment.
In a public hearing held at the Committee
Room No. 1 of the Senate last December 08,
2015, Amnesty International reported that
the organization’s Philippine Branch has documented about 56 cases of police torture during police investigations.
Aside from ill-treatment and the usual forms
of torture, water boarding and wheel of torture, a sort of Russian Roulette, were reported to have been practiced on the victims.
Also, at said hearing, the PNP was scored
against for the delay in the investigation of its
personnel involved in torture. To date, no judicial conviction has been rendered on police
culprits.
In the draft resolution prepared for the Com-
Governor’s Cup
LAW DEBATE
mittee, it attributed the continuing flouting of
the law by enforcers to weak accountability
and oversight mechanisms, among others.
Atty. Nasser Marohomsalic, who attended
the hearing for the IBP National President,
saw the need for the creation of an oversight
committee on the security and enforcement
agencies of government and the review of
the curricula of military and police schools,
among other things, noting the praxis of discipline and obeisance, among cadets, where
upper classmen would treat their juniors like
they were their golems, bidding them to do
errands, including the delivery of flowers to
their sweethearts. If they are overbearing to
their peers, they can be more tyrannical to ordinary citizens.
Senator Koko Pimentel said that he has included in the national budget a substantial
amount of money for the training of the
police on human rights, noting the improvements in the police organization. (Author is
IBP Administrative Officer and Deputy Director for Legal Aid)
IBP Central Luzon Governor Jose Dela
Rama, Jr. sponsored the first IBP Governor's Cup Law Debate among law schools
in Central Luzon. The first round was between Tarlac State University (TSU) and
Araullo University. TSU Law emerged as
the winner in the debate over the issue
on the citizenship of a foundling. Shown
in the picture are Dean Christian Flores
of Araullo Law School and Dean Leslie
Taruc Orencia of Tarlac State University.
PDF WORKING GROUP ON THE RULE OF LAW MEETS
By Atty. Rosalie J. Dela Cruz
F
or the 13th time and the last meeting for
this year, the Philippine Development Forum Working Group for the Rule of Law met
at the Ruby Room of Diamond Hotel, Manila,
on December 16, 2015.
The Working Group is an inter-governmental
body with NGOs and international funding
agencies for partners. It is concerned with
the drawing up of action plans to advance the
rule of law in the country as a principle of governance under the Philippine Development
Plan for 2011–2016. Already, it has drawn up
and acted on strategic initiatives and priority
programs/projects for the purpose.
For the meeting last December 16, 2015, the
Judiciary, the Department of Justice, the Office of the Ombudsman and the Philippine
Drug Enforcement Agency through their respective representatives rendered updates
on the progress of their undertakings. Other
agencies of government also took their turns.
Non-government organizations made their interventions too, including the Integrated Bar
of the Philippines, and accordingly registered
their reservations and comments on the reports.
Directing his comments on the strategies to
decongest jail, Atty. Nasser Marohomsalic of
the IBP suggested the need to simplify the
process in the release of overstaying prisoners and detained suspects, explaining that the
current rule to effect their release involves the
judicial process that requires filing of a petition for habeas corpus and a hearing thereof.
“This is an administrative function, more than
a judicial one,” he emphasized, adding “The
Bureau of Corrections and the Department
of Justice could easily do the job. The continued detention of a prisoner, who served his
sentence beyond its terms, or a suspect/ac-
cused beyond the imposable penalty for the
crime he’s being tried for, impinges on human
rights”.
Taking the suggestion with good grace, Atty.
Renee Dimayuga, the Supreme Court Project Administrator, replied that the proposal
needs legislation.
Others present at the meeting are: DOJ Usec.
Emmanuel Caparas, and representatives of
the Philippine National Police, Land Registration Authority, National Bureau of Immigration, Parole and Probation Administration,
Public Attorneys Office, Philippine Drug Enforcement Agency, Senate Economic Planning
Office, USAID, EU, British Council, American
Bar Association, Movement for the Restoration of Peace, Alternative Law Group and others. (Author is IBP National Executive Director
and Chief of Staff)
13
IBP PAMPANGA CHAPTER:
PUTTING A STOP
TO BULLYING, ONE
SCHOOL AT A TIME
By Atty. Socrates A. Padua
T
he IBP Pampanga Chapter formally
opened the year 2016 with a bang
by conducting its third Anti-Bullying
Lecture and Forum for the current
term to about 150 elementary and
high school students of the Mary the
Queen Academy at Cabalantian, Bacolor, Pampanga on January 7, 2016.
in the forefront of IBP Pampanga’s
education program and is aimed at
answering the urgent call to prevent
and address bullying in learning institutions. The activity is part and parcel
of the legal education projects in the
tenure of chapter President Darwin S.
Reyes.
A brainchild of chapter Vice-President
Gener Endona, the lecture series is
Despite the busy schedule of Atty. Endona as a lawyer-businessman, IBP The IBP Pampanga Chapter was like-
14
Pampanga’s “Anti-Bullying Czar” has
also successfully spearheaded AntiBullying lectures at the Gerry H. Rodriguez High School in Divisoria, Mexico,
Pampanga on July 7, 2015 and at the
Sta. Maria High School, Minalin, Pampanga on August 14, 2015 with 800
and 600 student participants, respectively.
The Bar
turer in the Anti-Bullying lecture of
IBP Central Luzon at the Camp Crame
High School on September 15, 2015.
IBP Pampanga’s trailblazing project is
the first of its kind in IBP Central Luzon Region and was previously a farreaching endeavor during the term
2013-2015. Conducted for seven (7)
times at six (6) different learning institutions, with over 3,900 participants,
the legal education project weighed
for the choice of IBP Pampanga as the
Most Outstanding Chapter (Category
A) during the term of Immediate Past
President Peter Paul S. Maglalang.
(Author is P.R.O. of IBP Central Luzon
Region)
wise generous in extending the AntiBullying lecture within the Central
Luzon region when its member Atty.
Ralph Vincent Macalino, a proud 3rd
generation Kapampangan lawyer,
heeded the call of IBP Central Luzon
Governor Peng Dela Rama to conduct
the same lecture at the St. Anthony
School in Calumpit Bulacan on October 12, 2015. The Kaakbay Multi-Purpose Cooperative generously sponsored the event.
Atty. Macalino was also the key lec-
15
IBP CELEBRATES
TIES WITH PALS
By Atty. Mae Elaine T. Bathan
Atty. Jose I. Dela Rama, Jr.
The t
a hea
tel a
Guam
its pe
After
eers
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izatio
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and
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Ther
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DELEGATION FROM THE IBP NATIONAL LEADERSHIP (L-R): Gov. Franklin Calpito, Gov. Romeo Igot, Gov. Mae
Elaine Bathan, National President Rosario Setias-Reyes, Gov. Jose Dela Rama, Jr., and Gov. Emerson Aquende.
T
he Integrated Bar of the Philippines (IBP) joined the Annual Convention of the Philippine Association of Law Schools (PALS) at Westin Resort Hotel, Guam, last December 4-7, 2015. Upon
the invitation of PALS President and IBP Committee Chairperson for Legal Education, Dean Nilo
Divina, President Setias-Reyes, together with Governors Bathan, Aquende, Dela Rama, Calpito
and Igot, attended the convention. More than 80 law deans from the various law schools all
over the country also came.
16
Dean
ern U
his u
ed I
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Law
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ippin
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Elain
Atty.
Scho
Jose
nor f
The Bar
The three-day convention started with
a hearty breakfast at the Sheraton Hotel and a tour of the exotic sights of
Guam, which typify the rich culture of
its people.
In her talk, Dean Bathan emphasized
the nexus between Legal Education
and Practice of Law, explaining that,
as in any profession, law will only
serve its true purpose if its personifications – the members of the Bar and
After the sight-seeing the convention- the Bench – are possessed of moral
eers proceeded to Sheraton Hotel and integrity. As an idealist would say, law
took their lunch there with the organ- is only a mental ideal. But whatever
ization of the Filipino Community in one’s formulation of the law, it’s noththe U.S. territory.
ing if it doesn’t assume a veritable
form for appreciation and appraisal
The affair was a fiesta, a food galore which comes about only with its apand an entertainment of Filipino folk plication and use. She urged then the
dances and classic songs.
two institutions – the IBP and the
PALS – to forge an action plan for the
Formally opened over dinner at the review of the law curriculum with the
Westin Resort Hotel by Dean Nilo T. end in view of turning out ethical lawDivina, the convention focused on the yers.
theme, “Global Trends in Legal Education.”
Particularly, Gov. Bathan batted for a
law curriculum that will give emphasis
Judge Raul Pangalangan of the Inter- on social advocacy, legal aid and ethnational Criminal Court graced the ics.
occasion as Keynote Speaker. In his
speech, he gave his insights on inter- In an interview on the issue with Atty.
nationalizing Philippine Legal Educa- Setias-Reyes, the IBP National Presition.
dent expressed grave concern at the
burgeoning number of complaints
Thereafter, the delegates went into against lawyers with the CIBD. She
session on the research paper of Law said, “On the average the IBP receives
Dean Royce Renolds of the Austral- about 1,000 complaints every year.
ian Catholic University in Melbourne, The situation has come to a head. It
Australia, entitled, “Outcomes-based behooves us to look elsewhere for
education in law based on the Austral- strategies. Other social institutions
ian method of teaching.”
are vanguards of godliness.”
Aside from the subject of legal ethics, Dean Bathan posited the need
to attune legal education to the requirements of society and to improve
the standards of legal practice. Not
being a barometer for competence,
she suggested that the Bar Examinations should include law subjects that
always find relevance in the lives of
people, their observance or application and use shaping up culture and
tradition. The new legal curriculum,
she further recommended, should offer a wide field of law courses that will
allow law students to choose which
course to take to and curve out their
legal career.
On the last day, the conventioneers
visited the Supreme Court of Guam
and met Chief Justice John Torres, Jr.
In a table talk with the delegation, the
Chief Justice shared his idea on Globalizing the Practice of Law and raised
the possibility of computerizing trial
and hearing of cases through the use
of technology and the internet.
Indeed, Guam is an intellectual treat.
IBP celebrates its association with
PALS. HOORAY!!! (Authors are IBP
Governors for Eastern Visayas and
Central Luzon, respectively.)
Dean Melencio Sta. Maria of Far Eastern University Institute of Law shared
his updates on the recently concluded International Association of Law
Schools (IALS) Conference and Global
Law Deans’ Forum.
The final session delved on the Philippine Legal Education and Preparing
Law Students for Practice, with Atty.
Elaine T. Bathan as Resource Speaker.
Atty. Bathan is Assistant Dean of the
School of Law of the University of San
Jose Recoletos, Cebu and IBP Governor far Eastern Visayas.
At the extreme left is the convention convenor, Dean Nilo T. Divina,
PALS President, with some of the speakers of the convention.
17
What is the Philippine Legal Education for?
REFLECTIONS ON
LEGAL EDUCATION
AND PREPARING
LAW STUDENTS
FOR PRACTICE
By Atty. Mae Elaine T. Bathan
L
EARLY BEGINNINGS
egal education in this country started in
1733, with the University of Santo Tomas establishing its Faculties of Canon Law
and Civil Law. In 1899 and after the Malolos
Constitution was ratified, the Universidad Literia de Filipinas was established in Malolos,
Bulacan. It offered Law as well as Medicine,
Surgery and Notary Public. After almost two
centuries, the University of the Philippines
opened its College of Law in 1910.
The first Bar examination was held in 1903
and the results was released only in 1905.
From among the 13 examinees, Jose I. Quintos obtained the highest rating of 96.33%,
followed by Sergio Osmena, Sr. with 95.66%,
next is F. Salas with 94.5% and then Manuel L.
Quezon with 87.83%.
For a period of time, law schools were regulated by the Commission on Higher Education
(ChEd) until the passage of Republic Act 7662
in 1993, creating the Legal Education Board
(LEB). For so many years, the LEB did not function as a governing body. But since 2009, the
Board has instituted standards for law schools
in furtherance of its objectives.
18
POLICY DIRECTION
AND OBJECTIVES
Republic Act 7662 defines the policy direction
of the State on legal education. Thus:
It is hereby declared the policy of the
State to uplift the standards of legal
education in order to prepare law students for advocacy, counselling, problem-solving, and decision-making, to
infuse in them the ethics of the legal
profession; to impress on them the
importance, nobility and dignity of
the legal profession as an equal and
indispensable partner of the Bench
in the administration of justice and to
develop social competence. (Sec. 2)
To carry out the policy, the law sets out the
following objectives of legal education:
Legal education in the Philippines is
geared to attain the following objectives:
1. to prepare students for the practice of law;
2. to increase awareness among
members of the legal profession
of the needs of the poor, deprived and oppressed sectors of
society;
3. to train persons for leadership;
and
4. to contribute towards the promotion and advancement of justice and the improvement of its
administration, the legal system
and legal institutions in the light
of the historical and contemporary development of law in the
Philippines and in other countries. (Section 3a)
At this point, let me pose the question: Have
the law schools aligned their vision, mission
and objectives with those outlined in Rep. Act
7662?
All these years most law schools have given
premium on topping the Bar exams to make
the grade and earn respectability. In brief,
among law schools, it is the summum bonum,
serving as a kind of hard sell for attracting
enrollees, especially the best and the brightest. Accordingly, they attune their curricula,
including their teaching methodology, to the
requirements of the Bar exam.
The Bar
But the law does not require law schools to
train their students to top the Bar. It draws up
a legal education framework geared at preparing a law student for actual law practice.
And preparation of a student for actual law
practice does not only mean providing him
with the legal knowledge and skill but, more
importantly, opening him to perspectives on
the problems of government and society. Informed, he will be guided accordingly in his
choice of what field of law to pursue and specialize on and what advocacy to banner up.
And once settled in his decision and having
been impressed with the morality and nobility of his chosen field of interest and social
cause, he will go about his law practice seriously and with integrity.
LEGAL EDUCATION FRAMEWORK
At this juncture, let me size up the factors
that bear on our legal education system. Basically, legal education in the country is composed of three vital components, namely, the
Law School, the Law Student and the Law
Professor. Other factors affecting it are the
Bar Examination and the ASEAN Integration.
Offhand, the Bar examination is an objective
reality dictating their behavioral characteristics.
LAW SCHOOLS
Law schools are in a way a production mill
processing raw goods into finished products.
They mold their students by imparting to and
impressing on them the knowledge of the
law, the rudimentary trial techniques and the
value of probity in the hope that they’ll come
out as good lawyers. The more lawyers produced each year, the better for their school.
With topnotchers, the best. In most universities, the college of law is often subsidized
by other colleges for its low population and
therefore meager income from tuition fees.
It is unable to sustain its operation, let alone
its administrative overhead costs. But for its
prestige as a course and as a profession, its
mother university holds on to keep the college afloat and on its keel. Accordingly, Law
Deans are pressed to increase its population
to lesser the burden of subsidy and make it
self-sufficient. Thus, too often, the Bar becomes the priority of the law school, the performance of its graduates in the Bar examination considered a testament for the quality
education obtaining therein. Without meaning to question the well-deserved rankings of
law schools, I think there should be other basis or criteria in determining ranking amongst
law schools. Just because a law school did
not get a better passing percentage, it does
not necessarily follow that it is not among
the better schools in the country. Every law
school should not forget that its principal
function is not to prepare students for the Bar
examination but to make them ready for the
legal profession. A spot in the Top Ten of the
Philippine Bar does not necessarily mean that
one is academically the best. Neither will it
guarantee that he is adequately prepared to
practice law. Perhaps, considering other criteria in determining the top performing law
schools would take away too much emphasis
on the Bar exam, and allow schools to focus
more beyond the Bar exam, that is, making
the law students prepared for the practice of
law. I suggest the following criteria be considered in rating law schools:
1. Reputation of the Dean and Faculty;
2. Reputation of alumni;
3. Involvement with the IBP and
Legal Aid Service through accredited Legal Aid volunteer organizations;
4. Facilities of the schools, the library, law journals and legal articles;
5. Bar passing percentage; and
6. Other recognitions received by
law schools in inter-law school
competitions both here and
abroad.
Law Schools have lesser participation of their
own curricula. Presently, the law curriculum
is not totally patterned after the Bar examination. Elective subjects are included in the
coverage of the Bar, compelling law schools
particularly those with smaller number of
students to offer them. And this entails of
operation costs, not to mention the sidelining
of law subjects that will stand them in good
stead in their practice, legal advocacy and
dealings with their clientele and the public.
For example, in the recent model curriculum Taxation Review is an elective but it’s a
separate Bar subject. Banking and other commercial laws are no longer a part of the law
curriculum but questions are asked in the Bar
on the subjects, particularly in the recent bar
examination.
I suggest therefore the review of the law curriculum and rationalize it in relation to the
Bar exams and the need to prepare the law
students for the practice of law in the mold
of their great predecessors who lived a life of
fame for their integrity and mastery of their
profession.
LAW STUDENTS
In a research study, there are more working
than full-time students, especially in provin-
cial law schools. Unlike in other countries,
there is no centralized or national entrance
examination for one to qualify to enroll in law
schools. This leaves a law school to set its own
rules for admission. The knowledge is widespread that some law schools are admitting
students who have no aptitude for law studies. Nevertheless, Professors are thusly faced
with the challenge on how to teach part-time
students who have very limited time to study
during their work.
The time spent for teaching may be classified
into two: contact hours and learning hours.
An effective teacher maximizes himself during
a student’s learning hours rather than during
his contact hours. During his contact hours, a
student is immersed in new knowledge, new
problems and realities and his head tight, so
to speak, to absorb new introductions, let
alone digest the complexity of the law. To
quote my professor in Strasbourg University,
Jim Murdoch, “let them do things on their
own, teach them do it first hand… the knowledge will follow”. I toast to that.
It is a reality that a lawyer develops his litigation and lawyering skills only after the Bar
and when he is already in actual practice. The
American Bar Association identified the ten
(10) fundamental lawyering skills, to wit: (1)
problem solving; (2) legal analysis and reasoning; (3) legal research; (4) factual investigation; (5) communication; (6) counseling;
(7) negotiation; (8) litigation and ADR procedures; (9) organization and management of
legal work; and (10) recognizing and resolving
ethical dilemmas. Our law curriculum does
not inculcate fully these skills. Although some
of these subjects are slowly being integrated
into our educational system, we still have a
long way to go in terms of actually preparing
our students for practice.
As law schools put premium on the Bar, they
leave their students to their elements to find
for themselves what legal advocacy and field
of legal interest to devote themselves to,
which come only much later in their practice
and after taking in and trying almost all types
of cases.
In brief, law schools must prepare their students all geared-up for the practice of law,
their hearts and souls set on their career path
and apprised of what obstacles and risks lie
along the way. Early on in their student days,
they must be taught that part of the objectives of the IBP which is to render legal aid
service. We have the National Committee on
Legal Aid in the IBP and each IBP Chapter has
its own legal aid program. But, sadly, there
are only few lawyers who volunteer in the legal aid program. Oftentimes, only the board
19
of officers handle legal aid cases.
Legal aid is not limited to handling pro bono
actual cases for clients who pass the means
and merit tests. Legal aid also covers lectures,
radio programs, consultations, jail visits and
the like. Presently and under the mandate of
our Chief Justice, IBP is distributing surveys
seeking the comments of the profession on
the Comprehensive Legal Aid Service (CLAS),
which, if passed, would require lawyers a
mandatory legal aid service of at least 20
hours every year.
Ethics and public responsibility should be
given importance and taught in law school.
Students must be immersed in courses that
would inculcate in them the value of the profession, realize the importance of lawyers in
society and the need to maintain the highest
degree of moral and ethical standards at all
times. The law curriculum only provides for
2-3 units of Legal Ethics in the first year and
2 units of Problem Areas in Legal ethics in the
third year. Thus, in all the four years of study
of law, a student is only exposed to about 4-5
units of ethics. And yet, we are all mandated
to maintain the highest moral and ethical
standards at all times when we become lawyers.
The number of disbarment cases has not decreased. When we assumed office in July 1,
2015 there are about 655 pending cases and
101 Motions for Reconsideration with the
Committee on Bar Discipline. This figure excludes the cases that are yet to be endorsed
by the Supreme Court to the IBP and those
cases that have been filed at the Chapter
level. In recent discussions with the Board of
Governors, IBP intends to conduct a survey on
Bar Discipline cases involving lawyers to determine the percentage of cases that are filed
to harass lawyers and the common violations
of lawyers in meritorious cases. Of the cases
assigned to me thus far, a majority warranting sanctions involved violation of the rules
on notarial practice, conflict of interest, monetary issues vis-à-vis failure or negligence on
the part of lawyers to perform their duty or to
file pleadings and lastly morality issues, particularly infidelity.
members of the faculty to have LLM degrees,
the only qualification for one to be able to
teach law is membership in the Bar. ChEd has
put at least three (3) years practice for nonhonor graduates and those who are not Bar
topnotchers. Most of the faculty is recruited
mostly from the ranks of practicing lawyers,
and incumbent and retired members of the
Office of the Prosecutor and the judiciary.
These private practitioners, prosecutors and
judges in the faculty are tasked to teach students the basic and practical aspects of legal theories and concepts. Most law faculty
members work part-time, only teaching
at night and during weekends. Very few law
schools have full-time law professors. Hardly
do they get private practitioner into their faculty as a full-time job where the pay does not
entice or, as put euphermistically, “beyond
pecuniary estimation.” Too often, teaching
would always become secondary to their law
practice, it being their bread and butter. And
because they prioritized their law practice,
sometimes they would come unprepared and
simply put the students on the spot for recitation without a full-dressed engagement with
them. For lack of material time, a law professor would resort to selective abandonment,
discussing only a portion of the lesson plan
on the excuse that its only the most important and essential. But what if the topics the
professor decided to skip come up in the Bar
examination?
Most lawyers do not have any teaching background. We must admit that as professors we
have no formal training in classroom teaching; we are used to the Socratic dialogue interspersed with brief discussion. Thus, we
teach our students the way we were taught.
Such method may however be inapplicable
anymore today. It terrorizes or antagonizes
the law students especially where a professor
make snide comments before propounding
questions. Standing on his feet and wearied
under pressure, his replies to queries will
likely not abide with him for long, the trauma
leaving a scar in his mind more than the subject taken up during the intellectual exchange
between him and his professor.
LAW PROFESSORS
The point is, studying law should not be traumatic. A law student should not feel fear in
coming to class. Instead, a law student must
yearn to attend class and look forward to
meeting his professor and not wish that he
was absent. Like I said, an output- or outcome-based method of teaching would allow
a student to learn through extensive research
and analysis. This could also compensate for
the lack of learning hours on the part-time
students.
Prior to the LEB Memorandum requiring
The challenge however is this, how prepared
The statistics paints a bad picture of the legal
profession. To keep and hold high the place
of honor of the law profession, law schools
should fix themselves, adopt and implement
action plans geared towards making law students become lawyers and, to borrow the accolade of Tony Kushner, high priests.
20
are we as teachers to do output-based method of teaching? Before, professors did not give
course outline or course syllabus to students.
Now, with the LEB requirement, professors
are compelled to make one which turns out
as a useful study tool for students and professors; it also serves law deans and other school
administrators in their supervision and monitoring of professor’s competence and fitness
to teach the subject.
Teaching law should not only be confined in
the classroom. Legal Education should extend beyond law school and PICC. That is the
purpose of the Mandatory Continuing Legal
Education or MCLE. And yet, a sizeable portion of the legal profession does not take the
program kindly and they have their own reasons. One MCLE compliance requires 36 units
of law subjects, usually updates thereon, and
lawyers endure a gruesome nine-hour lecture
a day for four days to finish the course. The
list of subjects in an MCLE course is also restrictive, posing problems.
In one instance, the IBP Cebu City Chapter
and San Jose Recoletos College of Law offered
combat medicine and tactics on self-defense
for lawyers as a subject in their MCLE programs. The MCLE Committee of our Chapter
hesitated on their request, and I had to intercede to get its nod. As if by coincidence, the
night before I pleaded for their request, a lady
lawyer, who is a friend, together with a past
IBP President and a companion in a car, was
ambushed, leaving her dead and the other
two wounded. The following day, I call again
the MCLE Committee just to spite them and
say, “I told you so!”.
Generally speaking, lawyers are not keen on
the MCLE program. As Chair of the MCLE
Committee of the IBP Cebu City Chapter for
a long time, I observed lawyers who attended
MCLE not actually listening. With their IPads,
laptops and cell phones, they played games,
among other things.
We need to revisit the MCLE program and find
out an alternative substitute. Offhand, I take
kindly to the American system of continuing legal education where registrants in legal
seminars are handed handouts through the
internet and interact with resource persons
through the same medium.
BAR EXAMINATION
For many years, the method and procedure
in the Bar examination has always been the
same. Save for the years when we had questions on true or false format combined with
essay type test - Part 1 and Part 2, multiple
choice, writing of legal memorandum and le-
The Bar
gal opinion. Now, we are back to the essay
type format.
operations consisting of about 15 volunteers
that cater to about 100 barristers.
As law schools are Bar–oriented, every time
the Supreme Court changes the format of the
Bar examination, they follow suit and attune
their type of examination accordingly for obvious reason.
The holding of the Bar exam in Manila does
not only give them monetary problem, but
disquietude. Manila is a metropolis, its environment far different from the slow and subdued pace of life in most provinces and cities
in the country. And as the Bar examination
approach and far from their traditional moral
support system, they will feel the strangeness
of their situation like some suffocating influence, heightening their anxiety.
The changes and the type of examination
usually rest on the Chairman of the Board of
Examiners. As observed, these changes are
announced less than a year into the schedule
of the Bar Exam, leaving no ample time for
graduating students to familiarize themselves
with the new introductions and acquire the
necessary skills.
My point is, there is need to decentralize the
Bar exam to give the provincial barristers a
fair shake.
When the Multiple Choice type came up, law
schools had less than a semester to make adjustments and train their students thereon.
We at San Jose Recoletos even used optical
machine scanners to check the papers. We
carried these adjustments even to the lower
years only to be told that there would be
changes again and that the Bar examinations
would revert back to the essay type format. I
believe it is important for the Supreme Court
to come up with a method of examination
for a fixed period and that its date of implementation should not be made effective immediately so as to allow law schools to make
the necessary adjustments. Concomitantly,
the Board of Examiners should be convened
to serve a fixed term, its membership equally
distributed to different fields of specialization to include experts based in the province.
In our experience, almost always the membership of the Board of Examiners is drawn
among academics and legal eagles from the
National Capital Region.
The Bar Examination covers eight (8) subjects, and this is basically the reason why law
schools tend to try and teach their students
on electives on sporadic schedules. But at the
end of the day and after hurdling the exam,
we ask, “Has the student now prepared for
law practice?” I am of the position that if we
lessen the number of Bar subjects with questions that cover only the basic and fundamental principles of law, law schools will be less
Bar-oriented and will have a wider freedom
in determining their curricula geared towards
inculcating the virtue of probity in their students, giving them latitude to choose their
field of specialization and legal or social advocacy.
This years’ Bar examination maintained the
essay type test. With 7,194 examinees I cannot imagine the rigors suffered by the examiners checking the booklets in six months. And
to think that in this year’s examinations were
quiet lengthy. If we continue with this format
and same number of examinees, checking the
booklets may become too subjective, examiners grading booklets for the sake of grading.
ASEAN LEGAL INTEGRATION
Bar examination is the most dreaded and
most difficult examination. For hurdling the
Bar exam, lawyers claim some pride of place.
Alexis Tocqueville described the members of
the legal profession as the most cultivated
sector of society, the elite.
For constraints of time and weariness, it is not
far fetched to assume that examiners might
cast only a cursory reading of the booklets
and miss out on their finer details.
I have thus outlined the litany of problems,
nay, complaints affecting our legal education.
Lest I be misunderstood, mine is a grave concern for the law profession, mindful of the
commitment of our government in the ASEAN
Economic Community blueprint which calls
for the integration of legal services among its
members. Knowing the weaknesses of our legal education, easily we can adopt strategies
or action plans to address them and thereby
shape up the law profession to get competitive with our ASEAN neighbors.
The Bar examination is given once a year in
Manila. And every time provincial barristers
go to and stay in Manila for at least a month
during the duration of the Bar. This entails
expenses. Based on experience in the recent
Bar examination, a law school usually spends
about Php200,000.00 per weekend for Bar
The practice of law in the country is a privilege, and our constitution grants it only to its
citizens. Another requirement is mandated
by law, that is, a lawyer must have obtained
his Bachelor of Laws degree in accredited law
school in the country. In 2010, the Supreme
Court promulgated Bar Matter 1153 amend-
ing Sections 5 and 6 of Rule 38 of the Rules
of Court allowing Filipinos who finished law
in foreign schools to practice law in the country if they pass the Bar examination, among
other requirements.
The ASEAN Integration is an inoxerable development in international relation. Senator Ed
Angara explains it, thus:
Whether we like it or not, foreign
competition will come into the country, especially with the creation of the
ASEAN Economic Community (AEC) in
2015. This unification and integration
will be as much about the free movement of skilled labor as it is of goods
and capital.
In many ways, competition is good,
especially in elevating the prevailing
service standards of the legal profession. If Filipino doctors are not afraid
of their foreign counterparts, why
should Filipino lawyers be wary of foreign lawyers?
For years, the Philippine legal profession has remained isolated from the
rest of the world. In the wake of global
changes, law practice in the country
has to be internationalized to remain
relevant.
The issue then is, what field of law practice
to open up to foreign lawyers. Offhand, and
without fear of contradiction, we can internationalize legal practice in the area of Alternative Dispute Resolution -- the practice
of arbitration and conciliation. Other specific
commitments to the blueprint of the ASEAN
Economic Community may be discussed in
the House of Delegates which is set to convene and hold a two-day session this January
at General Santos City.
Howsoever legal integration in ASEAN goes
and leads to, it will not render us to disadvantage if we are prepared in terms of legal
training in our domestic law, including ASEAN
comparative law, among others. (Author is
IBP Governor for Eastern Visayas, Assistant
Dean of the School of Law of San Jose Recoletos University of Cebu and Resident Partner/
Lawyer of Divina Law – Cebu Branch)
THE BAR
Editorial Staff
ATTY. NASSER MAROHOMSALIC
OIC, Editor-in-Chief
ATTY. ANGEL CHONA GRACE VALERO-NUNEZ
Writer
EUMIR LAMBINO
Layout Artist
Administrative Staff:
VIVIAN CAPIZNON
MARIEFEL ABANILLA
ALDREN BORDIOS
21
Hail to UST!
O
n July 26, 1605, a very poor man lay dying.
He had been a priest throughout his adult
life and arrived in the Philippines in 1587. On
his death bed, he expressed his dying wish: he
wanted to bequeath his meager possessions
towards a good cause, and he called upon
his dear friend to see to it that his last wishes
came true. The money consisted all of P1,500
pesos, not a gargantuan sum in today’s
currency, but a small fortune in those days. He
also gave his extensive library in support of his
goal. This man, though of noble birth, chose
to live the life of a priest. He was so extremely
poor that King Philip III of Spain had to spend
for his installation as Archbishop.
The man was Miguel de Benavides y Añoza,
OP, third Archbishop of Manila, and the friend
who administered his bequest was Bernardo
de Santa Catalina, a trusted fellow priest.
The dying wish was for the archbishop’s
money and library to serve as the seeds for
the establishment of an institution of higher
learning in these islands, so that those who
dwelt in the dark recesses of ignorance
may be freed through the enlightenment of
knowledge. The institution that sprung up
from his generosity is what we now know
as the Pontifical and Royal University of
Santo Tomas, The Catholic University of the
Philippines. From its humble beginnings in
1611, our Alma Mater has evolved into one of
the country’s premiere universities producing
saints, presidents, heroes and notable men
and women in history.
Archbishop Benavides’ selfless dying act is a
reflection of his profound understanding of
the plight of the native faithful in our country.
In fact, he had accompanied Archbishop
Domingo de Salazar to Spain to defend the
natives against Spanish oppression. He clearly
understood the significance of providing a
disciplined form of enlightenment for the
natives, who have been living in superstition
and thriving on skills alone. It was an act akin
to Prometheus giving away the secrets of fire
to man, that we may never again live in cold
and darkness. It was to catalyze the movement
of thought from the dark to the light. Su
Reverencia knew this personally because he
lived it. Mercy and compassion for those who
find themselves living in circumstances lesser
than ours, that is the Holy Father’s challenge
22
to us. Why should we not pay heed? The Pope
is, after all, the titular head of our Alma Mater
and our Faith. But more than this authority,
we must rise up to his call in recollection and
tribute to the man who showed us the way in
July 26, 1605, that we can never cease in our
labors to uplift the plight of our less fortunate
brethren, even to our dying breath. Mercy
and compassion, because we live one with the
other. If we keep our hearts open, we hone
our ability to be sensitive and responsive to
the needs of those who are less privileged.
We cannot, and should not, isolate ourselves
in our own comfort zones. For while we may
live comfortably, we are assaulted incessantly
by the sight of those who cannot. To be
human is to be offended by conditions that
degrade human dignity. This is the starting
point, for once we become uncomfortable at
the misfortune of others, consciously or not,
we awaken our own compassion.
We must call to mind God’s compassion for
man as expressed in John 3:16 “For God so
loved the world that he gave his only begotten
son, so that whoever believes in him shall not
perish but have eternal life”. Imagine, our
God lived among his creation. In so doing, he
showed us the unique love he had for us by
lumping Himself with the human condition.
This is the epitome of compassion.
As we may have realized by now, mercy is
not genuine if it does not impel action. True
mercy is when we have the capacity to act
in order to bring about good, and we do.
Thus, compassion brings about a profound
consciousness of the lesser position of our
fellowmen, and mercy is the action shaped by
such compassion. This is the challenge to all
Thomasians today. To immerse ourselves in
the prevalent human condition and harness
the resulting awareness to fuel our actions to
bring about more good in the world.
Please indulge me a brief moment at this
juncture, to drumbeat for the organization
which I now lead. Since I took the helm of
the Integrated Bar of the Philippines in July
of this year, I have been fortunate to preside
over a growing restlessness among the ranks
of lawyers, making them uncomfortable, and
looking outwardly towards our fellowmen.
Numerous legal, medical, surgical and dental
[Message of IBP National President
Rosario T. Setias-Reyes on the
occasion of the UST Law Alumni
Homecoming on 05 December
2015.]
missions have been launched by our country’s
lawyers to cater to the less fortunate. On top
of this, a growing awareness of the plight
of those who cannot afford legal services
has galvanized our lawyer’s actions towards
providing free legal assistance not only to the
border-bound, but significantly, to those who
have tried their luck among other peoples and
cultures. We now cater to overseas Filipinos
in the ASEAN region, in coordination with our
country’s embassies and consulates, with one
eye cast towards the rest of the world.
The relief brought about by their realization
that they have not been forgotten, seen in
the faces our countrymen abroad, is enough
reward for participating lawyers and chapters
of the IBP.
In His mercy, whereby God chose to exercise
the power to create rather than destroy, we
must follow His lead and do likewise. And
in His compassion whereby He has chosen
to live among His creation as attested to in
John 3:16, so should we go and live among
our fellowmen. For just as God has truly
reached out to us from his majestic perch
down to our humble condition, so must we,
among ourselves. It doesn’t matter if we are
long gone by the time this action bears fruit,
for just as we see in Archbishop Benavides’
benevolence, good will always grow from a
good seed. For like ripples that cross an ocean
to touch the shores on the other side, the
mercy and compassion that we show today
will be ripples that traverse the ocean of time
to touch generations far into the future.
On behalf of the awardees, I thank the
University of Santo Tomas Law Alumni
Foundation for the distinct recognition given
to us, and this rare opportunity to go back to
our roots. Congratulations are in order for the
splendid job you did in organizing this event.
I thank su excellencia, Arzobispo Benavides
for his far-reaching example of mercy and
compassion for our native forebears, borne
by his benevolence at his deathbed. I thank
God for giving us this day.
In the end, no one can be really alone.
A
The Bar
AN ALOHA CHRISTMAS PARTY:
Fun, Festivity & Fellowship
A
festive mood befitting the Holiday Season
filled the JBL Reyes Hall as the Integrated
Bar of the Philippines (IBP) celebrated its annual Christmas Party on December 11, 2015.
With the theme “Aloha Christmas Party”, the
attendees and personnel from the IBP Executive Office, Accounting Department, Committee on Integrity and Bar Discipline (CIBD) and
the National Center for Legal Aid (NCLA) were
clad in their colorful Hawaiian outfits adorned
with leis. They came with their best smiles
in anticipation of the group presentations,
games and raffle.
The gathering was graced by the members of
the IBP Board of Governors – Gov. Frank Calpito of Northern Luzon, Gov. Peng Dela Rama
of Central Luzon, Gov. Bong Somera of Southern Luzon, Gov. Romy Igot of the Greater Manila Region, Gov. Son Aquende of Bicolandia,
Gov. Elaine Bathan of Eastern Visayas, Gov. Jik
Europa of Eastern Mindanao and Gov. Domingo Redelosa of Western Mindanao – led by no
less than the IBP National President Atty. Rose
Setias-Reyes. Also present were IBP National
Officers – Atty. Patricia Ann Prodigalidad, Atty.
Marites Sison-Go, Atty. Jewel Bulos, Atty. Gigi
Dela Cruz, Atty. Jonas Cabochan, IBP Chapter
Presidents – Atty. Alvin Cunada of Manila 2,
Atty. Rogelio Wong of Manila 4, Atty. Ricardo
Angeles, Jr. of Rizal, and other IBP members
from various chapters.
Immediately after the Invocation, Atty.
Setias-Reyes opened the program with her
Welcome Remarks and gave a heartwarming Toast looking forward to a brighter 2016
and wishing everyone a more fruitful, successful and peaceful coming year. Prior to the
serving of the sumptuous dinner buffet, the
performances ushered in the fun and showcased the talents of the IBP staff. The winners
received cash prizes – 1st Place – Accounting
Department, 2nd Place – Executive Office, 3rd
Place – NCLA, 4th Place – CIBD. The night was
lovely and everyone was in the mood for singing, dancing and bonding.
Cheers and jeers enveloped the room as the
games proved to be both a form of entertainment and competition among the participants. Cash prizes were also given away
for the games. The finale of the party was
the Raffle, the most awaited part. Numerous
items and cash prizes were raffled off to attendees.
Everybody enjoyed the night of fun, festivity
and fellowship. Until next year, for now, Aloha! (Author is IBP Administrative Officer and
Deputy Director for Legal Aid)
23
STOP LUMAD KILLINGS!
“MANILAKBAYAN FROM MINDANAO”. From various points in Mindanao, our Lumad
brothers and sisters have made the long and rigorous trek to the capital to bring to the
powers-that-be, in a collective voice they can only hope will be loud enough NOT to be
ignored, the sad plight of the indigenous peoples in the Land of Promise.
No less than Governor Johnny Pimentel of Surigao del Sur made the SHOCKING REVELATION, that the Magahat-Bagani Group, the paramilitary force responsible for atrocities
against the Lumads in his province, was a creation of the military. News reports come
out last September 1, 2015 pointing to the Magahat for the murder of Emerito Samarca,
the Executive Director of the Alternative Learning Center for Agricultural and Livelihood
Development (ALCALDE), a tribal school in Lianga, Surigao, and the execution of Dionel
Campos, a progressive group leader, and his cousin Bello Sinzo in FULL VIEW of hundreds
of people.
Lest we forget, the Lumads have an undeniable and inherent right to their ancestral indigenous communities, and the State has the duty to secure their integrity against intrusions.
The Integrated Bar of the Philippines (IBP) shall not stand idly by in the midst of such injustice against our indigenous peoples. In fact, the IBP Surigao del Sur Chapter has already
taken action and assisted the victims in the preparation of their complaints against the
responsible elements of the Magahad-Bagani, against whom Warrants of Arrest were issued by the Regional Trial Court of Lianga, Surigao.
We must stand strong in the protection of the rights and interests of our Lumad brothers
and sisters. If we let these atrocities pass for just another unsolved ordinary crimes, we
will appear just like the culprits who did them in.
CONDEMNATION AND DISMAY SHOULD NOT BE THE LIMIT of our reaction to what is
evidently turning out to be a systematic military-sponsored occupation of tribal lands and
forced eviction of our Lumad brothers and sisters.
ACTION AND TRUE JUSTICE are called for. The people responsible for the atrocities
should be found and prosecuted to the full extent of the law, including people in government behind such a warped and twisted military strategy.
STOP LUMAD KILLINGS!
ATTY. ROSARIO T. SETIAS-REYES
National President
Integrated Bar of the Philippines
Tel. No.: 634-4697
24

201511 TBT

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