The Nexus : Volume XVIII, Issue No 1 : August 2019 - December 2019

THE NEXUS MSU

College

19

aequi

tas•libert

O f L aw - I liga

n

90

as•veritas•offi

cium

THE

NEXUS

VOLUME XVIII, ISSUE NO. 1

AUG 2019 - DEC 2019

OFFICIAL STUDENT PUBLICATION OF MSU COLLEGE OF LAW - ILIGAN CAMPUS

what’s inside ABOUT THE COVER EDITORIAL STAFF E 03

?

ABOUT THE COVER ing for since the colonial period. Since then, and tears have fallen through sadness and Although blindfolded, she perceives beyond our NEXUS

Respect

OPINION 04

05 06 08 10

-

West Philippine Seas or Will Philippine Cease?

Nexus”.

BOL is FUSED and CONFUSED! BOL : The Current State Of Its

By: Teodoro R. Llanes II THE

NEXUS AUG 2019 - DEC 2019

VOLUME XVIII, ISSUE NO. 1

12

FEATURE 13

The Pieces He Was

CASE DIGEST 14 15

PASSING THE BAR COMMUNITY SERVICE AND THE ADMINISTRATION OF JUSTICE COLLEGE ORGANIZATION

OFFICIAL STUDENT PUBLICATION OF MSU COLLEGE OF LAW - ILIGAN CAMPUS

Photographer:

Vanessa M. Cabili Teodoro R. Llanes II

Photographed by Vanessa M. Cabili

EDITORIAL STAFF

ADVISER

Ivy Mae D. Pantaleon EDITOR-IN-CHIEF

Dorothy Marie A. Oporto WRITER

Vogue Vernal B. Orcullo ASSOCIATE EDITOR

Norajannah D. Lantud

02 | TABLE OF CONTENTS

WRITER

Marija Kara E. Trinidad

WRITER

ASSOCIATE EDITOR

Teodoro R. Llanes II LAYOUT ARTIST

Abdullah M. Edris WRITER

WRITER

Yahoo! News |

SOGIE BILL:

Legislating Mutual Respect By: Ivy Mae D. Pantaleon

“...the State

these vulnerable spaces to abuse.

-

-

is punishable under this bill. Yes, it does say that it is for anyone since under

ing. We respect you, but please, do respect us dissenters, too.

-

EDITOR’S TAKE | 03

The Law and the Fight for Climate Justice By: Marija Kara I. Echavez-Trinidad

As Greta Thunberg puts it:

04 | OPINION

WEST PHILIPPINE SEAS OR WILL PHILIPPINES CEASE?

Photo credits:

A Take on The Enforcement of the Arbitral Ruling By: Ma. Concepcion A. Betaizar

But in the absence of enforceright against West Philippine Sea?

-

arbitral ruling against China?

-

The Philippines as the coastal state having sovereign right over

-

and Brunei regarding the South China Sea; sending the Philip-

Canada in the South China Sea and West Philippine Seas; and,

used in the Spratly Islands in the past decades. China has also these facts, it is safe to say that China has contributed to the par in parem non habet imperium or, unless of course, the other chose to act inferior. I hope the

OPINION | 05

CAN LAW B of convicts under GCTA General-Director of Bureau of -

-

-

rule that penal statutes should be strictly construed

-

-

06 | OPINION

in favor of the accused.

Photo credits:

E UNJUST? By: Abdullah M. Edris

-

a confusing theory— they can avail under RPC but not

truth that the GCTA is being sold by the enforcers of the

favor the accused.

-

-

-

possibility of abuse.

-

to corrupt leadership. of those prisoners before they are released contrary to -

OPINION | 07

Photo credits:

BOL is FUSED and CONFUSED! By: Inno Mangaday

-

Region.

-

subject that is dependent on the benevolence of the NG. confused by the BOL.

-

-

ty.

-

-

-

-

-

08 | OPINION

-

xxx

BARMM, and is integrated into the Philippine Judicial categorical as to the sources of funds needed for the pines.

-

-

-

Provinces of North Cotabato and Sultan Kudarat, and the

District Courts.

added.

OPINION | 09

Photo credits:

Bangsamoro Organic Law : The or

-

-

-

BARMM.

-

-

held on June 25, 2019, Parliament Member Mussolini Lidasan Code, the Bangsamoro Electoral Code, the Bangsamoro Local Government Code, the Bangsamoro Civil Service Code and the revenue sources for the BARMM includes taxes, fees, charges

10 | OPINION

Photo credits:

current status of its implementation.

By: Norajannah D. Lantud

BCOBAR As to the areas outside the scope of BARMM, there is currentG. Macapaar.

Modi said,

SOURCES: Bangsamoro Autonomous Region in Muslim Mindanao.

(Sept. 6, 2019). 1060 MILF-BIAF Combatants to be Decommissioned on September 7. Retrieved from bangsamoro.gov.ph on Sept. 10, 2019.

-

-

On the other hand, earlier this year, Maguindanao Governor

Bangsamoro Autonomous Region in Muslim Mindanao.

(June 26, 2019). BTA Holds 7th Regular Session.

Retrieved from bangsamoro.gov.ph on Sept. 10, 2019 BangsamoroBBL. (2019). Road Map Towards the Muslim Mindanao. Retrieved from bangsamorob bl.com on Sept. 10, 2019.

Fernandez, Butch. (April 22, 2019). P30-B Funding in 2019 Budget Assured for Bangsamoro. Retrieved from busnessmirror.com.ph on Sept. 10, 2019.

Fernandez, Edwin. (July 9, 2019). Cotabato City, 63 Villages Placed Under BARMM. Retrieved from www.pna.gov.ph on Sept. 10, 2019

Dismember Territories. Retrieved from news.abs-cbn on Sept. 10, 2019.

-

news.abs-cbn on Sept. 10, 2019.

the Independent Decommissioning Body (IDB).

10, 2019

Another challenge posed against it is that even before the

OPINION | 11

Photo by

Should Curfew Continue?

By: Blanche Coleen G. Urbiztondo

-

hours is not to bypass parental control but it is to help guardians in -

understood that the said right is not absolute, therefore it can be

-

-

-

the land; hence, the interest of one is subordinate to the interest of a

parental right is guaranteed in the Child and Youth Welfare Code of -

-

12 | OPINION

Th e P i e c e s H e W a s By: Vogue Vernal B. Orcullo -

-

one could hope and pray for. , or

-

-

Jude High School, Pagudpud, Ilocos Norte. He spent his -

Agent of NBI-NEMRO in Cagayan de Oro City. His last post Region X, Cagayan de Oro City. resulted to a handful casualty. Add to that, he, together

-

-

courses in Iligan City Capitol College.

-

truly valuable asset.

-

things that death cannot touch, and one of those is the

of NBI-NEMRO, Cagayan de Oro City; Supervising

FEATURE | 13

CRIMINAL LAW : CASE DIGEST

Digested by: Dorothy Marie A. Oporto Photo by

2017 ASUELA, vs.

IPPINES, Respondents.

accused to enter into plea bargaining to give life to the

of the case subject to court approval."

-

-

FACTS:

choice but to reject the proposal of the accused."

ISSUE: HIBITS PLEA BARGAINING IN ALL VIOLATIONS OF THE SAID LAW, IS UNCONSTITUTIONAL. RULING:

Enter into a Plea Bargaining

bargaining is to be encouraged because the chief virtues of the Considering

the

presence

of

on plea bargaining neither create

YES.

right. Instead, it operates as a

his not guilty plea and, instead, to enter a plea of guilty for viola-

process for enforcing rights and

tus and Other Paraphernalia for

the three co-equal branches of

The decision to plead guilty is

possession.

-

-

securing leniency should a guilty

Court.

The

other

any

of

the

branches

trespass

procedural

rules contrary is proved, to be heard

the Congress, in the exercise of the Rules of Court.

-

14 | CASE DIGEST

proof beyond reasonable doubt,

LEGAL ETHICS : CASE DIGEST

Digested by: Dorothy Marie A. Oporto Photo credits:

fact that the incidents happened years apart

FACTS:

uphold the integrity and dignity of the legal

discredit of the legal profession.

Sagarbarria and Lea Dal. high degree of social responsibility — they her in the spirit of their open and uninhibited said that respondent also invited her to go to

As such, any errant behavior on the part of the -

as she could not easily ignore respondent for fear of reprisal.

On the other hand, Sagarbarria narrated that

On the other hand, respondent explained that

and fairness in that they are duty-bound to propagate observance and deference thereto.

-

students.

also be individuals of honor and virtue. Legal

for the past six years. She averred that the

to sit in front of the class.

-

ed Bar of the Philippines-Board of Governors resolved to disbar respondent on the ground of

professor. He should be a beacon of righteous guide his students to behave and act in a the legal profession. Instead, he abused his

subjected to such sexually charged language in other classes.

Toyco, Sagarbarria and Dal. He postulated that legal profession.

ISSUE: WHETHER OR NOT RESPONDENT VIOLATED THE CODE OF PROFESSIONAL RESPONSIBILITY. RULING:

guidelines.

-

could not have readily expressed disgust or annoyance over a person in authority.

YES. Rule 1.01 of the Code of Professional Responsi-

CASE DIGEST | 15

Passing The Bar By: Vouge Vernal B. Orcullo

2. Study as hard as you can, as long as you can;

• • • •

-

• Even if the professor calls no class on a certain day, reading should not stop. During the bar, you only have yourself to rely on. There are no lifelines to save you.

•

• •

school journey.

•

-

•

• •

•

of reading daily.

•

•

• -

cases.

• styles of learning. is it listening to lectures? Or read on your •

• • • • • it.

16 | BAR TIPS

They are there to guide and help you in your

doctrine to apply.

on.

BAR TIPS | 17

COMMUNITY SERVICE AND THE ADMINISTRATION OF JUSTICE -

1. Bench and Bar Dialogue 2. Legal Mission and Outreach

18 | IBP LANAO DEL NORTE

COLLEGE ORGANIZATIONS

Editor-in-Chief Associate Editor Associate Editor

Ivy Mae D. Pantaleon Vogue Vernal B. Orcullo Maria Kara I. Echavez-Trinidad Ma. Concepcion A. Betaizar Blanche Coleen G. Urbiztondo Norajannah D. Lantud Abdullah M. Edris

President Vice President Secreatry Treasurer Auditor

Charity Gene C. Abugan Janodin M. Marohombsar Jasmerah P. Amod Ivy Mae D. Pantaleon Blanche Coleen G. Urbiztondo

President Vice President Secretary Treasurer Auditor PIO

Vogue Vernal B. Orcullo Fritz Ronald P. Amparado Yasmin D. Mamarinta Naim Nohar A. Suba Allan Dale L. Cabe Nashibah S. Macunte Mindalano, RCh, RChE

President Vice-President

Van Ceasar R. Openiano Audrey Michelle C. Kwan

Treasurer PIO Auditor

Arence Jian T. Zalsos Jindy Dumago Herald S. Balisco

{

Chairman Commissioners

Herald S. Balisco Dorothy Marie A. Oporto Hasanor E. Toma Princess Amaryah P. Ejares Meryam Jamela Maruhom Nabeel B. Ali

Make your stay at the College of Law, worthwhile!

}