April 2016 Volume 9 No. 2

BEDAN LEGACY: SIXTO BRILLANTES HOW A FORMER COMELEC CHAIR INTRODUCED REFORMS IN THE ELECTIONS

On Elections and Legacies I believe in the sanctity of the ballot, the right to choose good leaders, and the right for everyone to have a choice. We look forward to the elections because we get to choose who to settle for and why. A friend of mine once posted on Facebook the dilemma of not finding the right candidate which would merit any settling. Where each vote has an equal weight, our choices are crucial because it will impact the lives of millions of ordinary Filipinos. Too much is at stake. It is not certain whether the Philippines suffers from constant amnesia, or that it is simply a forgiving nation. The phantoms of the past still threaten our present and choosing the same traditional politicians is like trying to build on existing fault lines. So it begs the question: Do we have enough choices? Is choosing not to vote also a choice?

Last January, the Supreme Court dismissed the petition to include the ‘None of the Above’ (NOTA) option in ballots for the upcoming presidential elections. The petitioners claimed that not having these options limits our right to suffrage. On the one hand, abstaining may be seen as an acceptable practice of democracy, where it does not force the voters to choose the “lesser evil” to represent and look after our best interests. On the other, the ideological contrast suggests that it is tantamount to a disruption in the order of the electoral process. Our magistrates have decided on the issue saying that under our system of elections, abstention is not a vote. The Integrated Bar of the Philippines even asserted to voters that abstaining from their right to suffrage is not an option. And so we troop to our respective voter precincts and make our votes count come May.

It is a progress, that among other things, we have regained the right to choose our President when about three decades ago, the liberty we have today remained only in theory. Under the modern Philippine Republic, those who wish to

EDITORIAL BOARD Hayde Talorong | Editor-in-Chief Joseph Franco | Associate Editor Jea Diato | Managing Editor Mara Martinez | Features Editor Pauline Ubaldo | News Editor Monica Delos Reyes | Literary Editor Katrina Belarmino | Senior Layout Artist Ceasar Entila | Senior Photographer Kitti Banzon | Circulations Manager Leandro Nadal | Logistics Lailani Blancaflor | Senior Layout Artist Emeritus Roselle Jimeno | Literary Editor Emeritus

2 | Volume 9 April 2016

occupy the highest positions in the government now have to undergo a well-broadcasted job interview. We can only hope that the level of debate in any platform rise above petty mudslinging, but we ought to choose leaders whose platforms are sound and can translate their promises into a genuine performance of duty. The series of debates can help strip us of our naivete from motherhood statements any Student Council President worth their salt can spout.

We have especially dedicated this issue in time for another historic moment. For our cover story, we present former COMELEC Chairman Sixto Brillantes who is as bright and dedicated to his craft as his descriptive namesake. There is a call to check our biases at the door especially when it comes to unpopular candidates. The Candidates’ Fact Check article presents the Presidentiables and Vice-Presidentiables to help students discern the rightful heir to Malacanang. We likewise feature all other issues pertinent to the elections.

There were days when I was disturbed by the complacency that plagued the school when it comes to student representation, but I am always deeply thankful at how some student leaders have risen above the call. In this issue’s Red Files Delassified, we focused on the vacancies and appointment of positions in the School of Law Government (SLG), with the returning SLG report card assessing the performance of the outgoing officers.

As the school year comes to an end, the Editorial Board 2015-2016 of The Red Chronicles thanks the School of Law community for its continued patronage and contribution to our publications. It is not an easy feat, but the tiredness is welcome. We hope to have delivered well in this term, and we will not waver in telling the truth and being of service to the student body through our publication.

Judge. Alberto Serrano | Faculty Adviser STAFF Mary Grace Amulong, Maris Cay Gabornes, Valentin Prieto, Lyzette Siazar, Jenica Ti, Grean Anonuevo, Sarj Mella Features Writers Mika Arevalo, Martin Bellen, Euki Candari, Zyril Marchan, Robert Jian Melchor News Writers Karl Carvajal, Michael Escudero Literary Writers

Ann Balingao, Melissa Manansala, Aylwyn Valenciano Photographers Cris Anonuevo, Meg Ariola, Stephanie Gener Layout Artists EJ Clemena, Eugene Yusi Cartoonists

EDITORIAL POLICY

THE RED CHRONICLES

The Red Chronicles is the official student publication of San Beda College Alabang School of Law. The articles contained herein are personal views of the writers and do not necessarily reflect official view or endorsement.

Rm. 63A 3/F St. Maur Building San Beda College Alabang - School of Law 8 Don Manolo Blvd., Alabang Hills Village, Muntinlupa City, Philippines

The Red Chronicles accepts original articles from students and faculty members.

We also solicit comments regarding the articles featured in our issues. All contributions must be submitted to the_redchronicles@yahoo.com.

facebook.com/theredchronicles twitter.com/trcpluma the_redchronicles@yahoo.com Volume 9 April 2016 | 3

NEWS

SBCA-SOL HOLDS

THE DEAN’S ASSEMBLY By mika arevalo

S

an Beda College Alabang - School of Law (SBCA-SOL) was recognized by the Legal Education Board as one of the top 10 best performing law schools in the Philippines. This was announced by Dean Ulan Sarmiento III at the Dean’s Assembly held last January 8, 2016 at the Fr. Roberto De Jesus Auditorium.

The law school rankings were based on the cumulative performance of law schools in the 2012, 2013 and 2014 Bar Examinations, and was certified by the Supreme Court’s Office of the Bar Confidant. In light of this recognition, Dean Sarmiento proudly remarked that “Your success is also the success of the institution.”

However, after years of suspension, he announced that the QPI is set to be implemented this academic year. Failure to reach the required grade will result in the reduction of allowable enrolled units in the succeeding academic year. In addition, the inability to reach the required average this school year may amount to non-readmission. The Dean’s Office has sent email notifications to academically delinquent students to apprise them of their situation.

The second matter discussed was the change in the academic calendar. The academic calendar was shifted due to circumstances beyond the administration’s control. The Final examinations for Seniors were moved to April 16 to 23 and for the Undergraduates to April 23-30. The date of graduation will be on May 14, 2016.

Furthermore, he emphasized that incomplete grades have a prescriptive period of one (1) year from the date of release. Students have the responsibility to complete them within such period and failure to do so will incur an automatic failure for that subject. In line with this, correction of grades shall only be allowed for purposes of mathematical error in computation. Request for exit grades will only be allowed for the grades of the preceding year. Based on the Manual for Higher Education by the Legal Education Board, grades become permanent and cannot be changed one year after their release.

Worth noting in the assembly is how the administration has been receiving reports that recruitment activities for fraternities have been rampant in Alabang and Mendiola. Dean Sarmiento reiterates that sheer membership in any of the fraternities or sororities is a ground for non-readmission. Also, if the student is found involved with hazing, both the victim and the individuals who took part will not be readmitted. In addition, the Philippine Association of Law Schools ruled that the Certificate of Good Moral Character and Admission will not be issued to students who are not readmitted due to fraternity or sorority involvement.

Comics by EJ Clemena 4 | Volume 9 April 2016

FOR THE LOVE OF THE GAME

(AND THE LAW)

By Leandro Nadal

Photo Courtesy of Ina Guingona to complete various tasks in and around the campus. While organizers were forced to reschedule several games due to inclement weather, the celebration was concluded with an awarding ceremony held last January 9, 2016 at The Village Sports Club, BF Homes, Paranaque.

The whole event was spearheaded by Internal Vice-President Angel Peliglorio. Lex Celebrations is the annual intramurals organized by the School of Law Government wherein different year levels compete in different sporting events and games.

T

he San Beda College Alabang – School of Law held its annual Lex Celebrationis from December 14 to 17, 2015. Participating students exhibited teamwork, perseverance, and most of all heart—showing that the competence of Bedan law students is not confined within the four corners of the classroom. To kick off the event, Internal Vice-President Angel Peliglorio led the student-athletes in the Oath of Sportsmanship during the Opening Ceremonies. As a novelty to the school year’s Lex Celebrationis, students participated in the first-ever amazing race entitled: “Race Judicata” organized by 2nd Year Batch Rep. Edward Arriba. It tested not only the participants’ strength and endurance, but also their creativity and teamwork as 11 teams raced

EVENT WINNERS:

Race Judicata – “Team Nakaitim” composed of Martin Mendoza, Celina Reyes, Mela Rodriguez, Jasmin Miroy, Tonette Arciaga, and Randy Guerzon.

Basketball – Men’s Division: Team Building (Champion), Team Legiz Yessir (1st Runner-Up), Team Butterfly (2nd Runner-Up); Women’s Division: Team 3rd Year (Champion), Team 4th Year (1st Runner-Up), Team 2nd Year (2nd Runner-Up).

Futsal – Team Kit Gomez (1st), Team Green Minded (2nd), Team Alumni (3rd).

Swimming – Freestyle and Breaststroke Champion: Ina Guingona(W); Leandro Marquez(M).

Volleyball – Team 3rd Year (1st), Team 1st Year (2nd), Team 4th Year (3rd).

THE BEDAN LUAU:

A CHRISTMAS UNDER THE HAWAIIAN MOON

By Robert Melchor

Photos by Sarj Mella

L

ast January 24, the School of Law (SOL) Bedan Community celebrated: “The Bedan Luau: The Hawaiian themed Christmas” party at the Village Sports Club in BF Homes, Paranaque. Though the celebration has been postponed due to the inclement weather; nevertheless, it was still a very enjoyable and fun-filled night of music, spectacle, and overflowing food and drinks. The event was organized by the School of Law Government and the Volunteer Corps. Present at the event to grace the festivities were some of the SOL faculty members, including Dean Ulpiano Sarmiento III, School Administrator Atty. Carlo Busmente as well as Dom Augustine Rivera OSB. It was a night to remember as everyone was treated to good food and drinks under a warm Hawaiian breeze. The night went wild as fire dancers lit the crowd away with their fiery, sensuous performance while hula performers soothed the night with their relaxingly gyrations. To cap the night, an awarding ceremony was held for the recently concluded Lex Celebrationis. Trophies and medals were given to the champions and runner-ups for each sporting event.

Volume 9 April 2016 | 5

ORA ET LABORA:

SBCA-SOL CELEBRATES THE RED MASS

By Monica Anna D. Delos Reyes Photo by Aylwyn Valenciano

Last January 13, 2016, San Beda College Alabang – School of

Law (SBCA-SOL), once again gathered at the St. Benedict’s Chapel as one community for the Red Mass. In every educational institution, long-standing traditions are important to fortify the camaraderie and school spirit among students. This Bedan tradition has been celebrated to bless the fourth year students in their last semester in law school, as they equip themselves to surmount the Bar Examinations.

The mass was presided by Fr. Manuel Cantalejo-Rota Manggao and assisted by our Rector President, Dom Clement Ma. H. Roque, OSB. The mass was offered not only for the fourth year students, but also to the justices, lawyers, legislators, and for our beloved Dean Ulpiano Sarmiento III who was celebrating his birthday on that day. The homily focused on the old Bedan adage of Ora et Labora (Prayer and Work) which served as a remind-

er for the seniors who are going through their last semester with fervor, as well as to the the entire School of Law community to thrive in their academic endeavors. As enunciated by Fr. Manggao, the color red symbolized sacrifice, courage and strength, all of which are hoped to be personified by a future Bedan lawyer.

After the mass, an agape was held at the patio located at the St. Maur’s Building where the graduating students bonded with the SOL faculty and administrators over dinner. Cherry Joy Ycong and Stefan Bernardo, both of whom are graduating students and members of the San Beda College School of Law Chorale, individually graced the attendees with their singing as the students were eating their sumptuous meal.

This event is yet another opportunity for the graduating batch to be enthused in the final leg of their academic journey in the School of Law. May we never forget the teachings laid out in this inspirational night and continue to strive in order to realize our aspirations.

THE BEDAN COMMUNITY,

ONE WITH STO. NIÑO B Z M y

yril

archan

School and Integrated Basic Education Division (IBED). Throughout the week, exhibition games were held and different food and novelty concessionaires were available around the school campus.

On the second day, the School of Law’s Legal Aid Center (LAC) headed by their president Jowee Marquez, conducted free legal counseling open to the whole Bedan community.

Photos by Ceasar Entila and Melissa Manansala

S

an Beda College Alabang (SBCA) celebrated the Sto. Niño festival with the theme, “Pista ng Pamilyang Pilipino, Alay kay Sto. Niño” last January 14-16, 2016. This year, the College of Arts and Sciences (CAS) headed the festivities together with the Student Executive Council and Dr. Paul Hilario as Hermano Mayor.

To begin the festivities, a vigil was held in the school chapel. Afterwards, the CAS hosted Agape wherein the students, faculty and the administration dined together as one body. The Sto. Niño Exhibit was also opened to the public which featured artworks of the students from the College of Arts and Sciences, the High School, Grade 6 | Volume 9 April 2016

As the highlight of the Sto. Nino festivities, the annual procession of the holy images was held in the afternoon around BF Homes village followed by a Eucharistic celebration at the SBCA Football Field. Afterwards, the community party was held and food was served to all the attendees to feast as One Bedan Community.

Legal Aid Center Conducts “Libreng Gabay sa Hustisya Program”

NEWS

By Eureka Candari

LAC President Jowee Marquez, in an interview said that ever since LAC was formed, they have been giving free legal advice within the San Beda community and in some areas of Muntinlupa during the Feast of Sto. Niño.

The program was primarily catered to give free legal advice to employees of the SBCA, but also welcomed walk-ins other than the SBCA employees. Carlo Fortuna, a student from the College of Arts and Sciences, consulted the LAC because he is aware that he couldn’t get the help he needs simply by asking from lawyers. His feedback on LAC consisted of high praises saying that the members did beyond what he expected. In fact, he said that Abe Alzate, a LAC member, volunteered to personally accompany him to settle the issue once and for all. Even though the case is still pending, he is confident that eventually the case will be resolved with the assistance of LAC.

Photo from SBCA Legal Aid Center Facebook Page

T

he Legal Aid Center (LAC) of San Beda College Alabang (SBCA) conducted a free legal advice program last January 14 entitled, “Libreng Gabay sa Hustisya”, which served as the School of Law’s participation in the Feast of Sto. Niño celebrated by the SBCA community from January 14-16, 2016.

By virtue of a Supreme Court accreditation, the members of the Clinical Legal Education Program of the Legal Aid Clinic are authorized to give advice as prescribed under Rule 138-A, Section 1 of the Rules of Court. However, the program does not only help the clients, but it also helps the members themselves. Marquez eloquently explained the perks of being a LAC member. According to her, “Our members became more aware of the realness of the situations of the clients that come to LAC and understand the gravity of their problems and need of legal advice. We are no longer kept within the pages of our law books or the confines of our classroom but become more knowledgeable that certain decisions and legal issues have real consequences. It is one of the ways for the members of the LAC to take a direct part in the organization’s mission to provide legal assistance”.

The Program is also an arm to promote the main goal of providing free, but quality legal services to indigent persons. Marquez said that in giving free legal advice, the organization has made itself more visible and seen as one of the proponents of the school in helping those who need legal advice. Rightly so, because in keeping with the mission and vision of San Beda and the Benedictine principles, it is LAC’s aim to promote and serve the common good.

The Road Ahead: The Way to Speedy Justice

By Eureka Candari

The Legal Aid Center (LAC) of San

Beda College Alabang - School of Law (SBCA-SOL) sponsored a seminar on Alternative Dispute Resolution conducted last February 12 from 9:00 a.m. – 4:00 p.m. entitled “THE ROAD AHEAD: ADR, The Way to Speedy Justice” at the Fr. Roberto De Jesus auditorium.

The seminar shed light on the nature and advantages of Alternative Dispute Resolution by three different speakers, each notable in their own right. Namely, Atty.

Zenaida Ongkiko, a partner of Ongkiko

Manhit Custodio & Acorda Law Offices lectured on Negotiation, Atty. Mario E. Valderrama, a Fellow of the Chartered Institute of Artbitrartors (UK) affiliated with its East Asia branch on Arbitration, and Atty. Myrna Angeli A. Gallardo-Batungbakal, SBCA-SOL professor lectured on Mediation. The participants of the seminar were welcomed by no less than the Executive Judge of Makati Regional Trial Court and SBCA-SOL professor, Hon. Selma P. Alaras for the opening remarks.

The objective of the seminar is to en-

lighten law students on Alternative Dispute Resolution who would eventually practice the legal profession. The event was also intended to increase awareness of the other modes of dispute resolution outside of the legal system. Through the words of the Supreme Court, strengthening the system of ADR is “an effort to declog the courts of an increasing volume of work load and most importantly, in order to accord contending parties with expeditious alternative for settling disputes, the law authorizes, indeed encourages out of the court settlement or adjudications”.

Photo by Ann Balingao

Volume 9 April 2016 | 7

School of Law Welcomes New Professor

By Leandro Nadal

Dedicated,

He is a Senior Associate of the Litigation Department of VeraLaw. He specializes in civil, commercial, labor, and administrative litigation, with a background in maritime and intellec-

tual property litigation. When asked how he tackles the rigors of the profession, Atty. Sarmiento shares that he approaches each case with the same fervor and preparation as that of a nervous newly minted associate—providing him with a new opportunity to learn and improve.

He currently teaches Legal Ethics. Other than legal knowledge, Atty.

Sarmiento hopes his students leave his class at the end of the semester with the realization that talent is useless without preparation.

Aside from spending time with his wife and two children, Atty. Sarmiento enjoys playing basketball and trail biking.

Photo courtesy of Kim Carvajal

Debate sa Senado

By Karl Carvajal

2016

January is a month to be remembered by the San Beda Col-

bloc voting.

lege – Alabang International Law Debate Society as they particThe teams went head to head in epic battles against the ipated in the “Debate sa Senado 2016”. The elimination rounds teams of the Ateneo Law School, San Beda College – Manila, were held at the Ateneo Law School last January 16, 2016 and the University of Santo Tomas. Both teams A and B, however, the Finals round at the Senate Chambers last January 20, 2016. fell short of reaching the semi-finals with the teams of the San Beda College Alabang was represented by two teams: Ateneo Law and UST Law eventually clinched their spots at Team A composing of Kim Apple Carvajal, Joseph Gavier the Finals.

Franco and Hanna Hazel Agapay and Team B composing of Isabella Bobadilla, Rio Mendoza and Dominic Marquez. As per tournament rules, each team is to debate on 3 motions, namely: 1) “This house regrets the failure of Congress to allot P1 Billion for the implementation of the RH Law”, 2) “Federalism as a sound national policy”, and 3) “Whether the decision of the Supreme Court in the case of Penera v. Comelec (re: premature campaigning) should be overturned”. A fourth motion is set for the semi-finals: “Prohibiting religious sects from mandating

8 | Volume 9 April 2016

For the Finals round, the motion to be resolved focused on the issue of the “SSS Pension Hike”. The tournament ended with the Ateneo Law School, arguing for the government side, unanimously winning the debate tournament.

While both teams did not reach the Semi-finals round, the ILDS had a reason to celebrate as Kim Apple Carvajal was awarded 2nd Best Speaker.

Photo from Vera Law website

driven, and determined, Atty. Patrick Sarmiento views teaching as his way of giving back to this institution. An alumnus of San Beda College-Mendiola in 2010, Atty. Sarmiento had no hesitations in accepting the invitation to teach in San Beda Alabang School of Law. For him, teaching is not only a means of contributing to the legal profession, but also his way of paying forward the hardwork, patience, and dedication shown to him by his law professors.

SBCA SOL Lands 4th at the ALSP Conflicts of Law Season 26

By Robert Melchor

Photos from Meg Ariola, Melissa Manansala & Alivin Figueroa

Held in all Sundays of February, athletes from various law schools

won 2nd Runner Up. Also, our very own Bino Prieto (3rd year) within the region showcased their skill, and shed their blood, sweat, won the coveted Mr. ALSP Conflicts of Law title. Going beyond and tears to covet the Championship title in the 26th Season of The good looks, Prieto impressed the judges with his sharp, legal-mindAssociation of Law Students of the Philippines (ALSP) Conflicts of ed answers. Also, his partner, Benazir Ching (3rd year) bagged 2nd Runner Up for Ms. ALSP Conflicts of Law. Law. Organized by the ALSP – NCR officers, the Conflicts of Law is an annual athletics and academic competition among law students aiming to cultivate a spirit of sportsmanship and camaraderie among its school members to contribute to our educational, social, and recreational development. Students from various law schools within the NCR, including our very own San Beda College – Alabang competed against their toughest opponents in various events such as Basketball, Volleyball, Football, Futsal, Swimming, Chess, Table Tennis, Badminton, Billiards, Counterstrike, DoTA, Food Joust, Debate, Beerpong, and the returning ALSP Conflicts Pageant.

According to Prieto, “When I was asked the question (whether or not the Bar Exams should be answered orally), I was thinking about the equality of opportunity for all who wish to be lawyers because I believe that to make the Bar Exam oral would deprive the deaf and the mute their right to become lawyers.” On the other hand, Ching remarked that in order to win, she physically prepared for the competition.

The SBCA – SOL took home the overall 4th Place at the NCR chapter with 35 points. The Red Chronicles extends a warm congratulations to all those who participated and represented the school The team from SBCA – SOL was declared Champion in the Men’s for a good finish.

Volleyball event while the Women’s Volleyball and Futsal teams each

Volume 9 April 2016 | 9

NEWS

Guidance Center Hosts Seminar For the School of Law

By Pauline Ubaldo

A

The first day was a seminar specifically designed for the Freshmen and Sophomores. A talk on “Career in Law and Justice” was done by the School of Law’s very own, Atty.

Julius Santos.

On the second day of the event, two talks were prepared for the Juniors and Seniors. The first talk was about “Life After Law School” by Commissioner Rene Sarmiento who talked about possible career paths as well as his own experiences after graduating law school. As an intermission, a staff of the Office of the Solicitor General came to invite the students to their Internship Program this summer.

The second talk was about “Enhancing Memory Through the Ideal Nutrition Oriental Healthy Lifestyle” by Dr. Alfonso Lagaya who gave an interesting talk about how to maintain a healthy lifestyle to increase productivity while lessening the stress of studying.

Photos by Meg Ariola & Melissa Manansala

s part of the Career Week celebration, the College of Arts and Sciences and the School of Law Guidance Center joined efforts in conducting a 3-day Guidance Seminar last March 8, 9, and 12, 2016 at the Fr. Roberto De Jesus Auditorium.

According to Ms. Sylvia Atienza, RGC, our Guidance Counselor, the seminar was intended to focus on the Seniors as a preparation for the Bar Examinations. The topic also aimed to address the noticeable “unhealthy food intake, excess caffeine, and sleeping habits” among law students.

The final day of the event was again prepared for the Seniors. A Bedan Bar topnotcher, Atty. Reinier Paul Yebra, conducted a talk about “Building a Successful Career for Lawyers”. He talked about his own experience of taking the Bar Examinations and gave the students some tips.

SLGxVolCorps Host Summer Splash

By Martin Bellen

The School of Law Government (SLG) and Volunteer Corps (VOLCORPS)

Various prizes and giveaways awaited the participants courtesy of the different sponsors of the event: Gold’s Gym Philippines, The Body Shop, Shakey’s, Red Bull, Picked Café, Rad Repubic, Barako Haus, 323 Vape Shop, Rodrigo’s Roast Beef, Gloprints, Lenco Enterprises, Bond Street Social, Mavericks Pomade, Waterworx, Summer Water and Cleanworld. Jiro Acuña, President of the SLG, said that the proceeds of the event will be used to defray the expenses from the Conflicts of Law tournament, to shoulder the costs of the previous Bar Examinations, and to augment the graduation fund.

The winners of the event are as follows: 3K run: Male Category - Jerekko Cadorna Female Category - Janina Gonzales 5K run: Male Category - Isaac Ilao Female Category - Charie Maghirang 8K run: Male Category - Jefferson Fernandez Female Category - Melissa Campos

10 | Volume 9 April 2016

Photos from Philip Edwin De Ello, Ann Balingao & Ceasar Entila

of San Beda College Alabang-School of Law (SBCA-SOL) organized a fun run in Alabang Hills Village, Muntinlupa last April 3. In time for the season, the fund-raising event was fittingly themed, “Summer Splash”, which drew the participation of Prefect Atty. Bruce Rivera, students from Alabang and Mendiola, and other fun run enthusiasts. Around 400 participants gathered at the parking lot of St. Maur Building, which also served as the run’s starting point. To add to the fun, colored water were splashed by the organizers at the participants using water blasters.

Student Contributions

Time for Change

By Frances Yapjoco-Reyes

An Environment suitable for Human Life deserves to be Loved Every day We live, what we eat, drink, breathe, and see, is a gift from God Present times we fail to protect and nurture earth, Pollution on hand Creatures of the Sea, Beasts and animals alike endangered for life Forest and Woodland, Mountains, Hills no longer green, Timber of Trees cut Gas leak and some Smog, CFC of pollutants, Climate Change it is Solutions were made, Protocols, Agreements done but yet to be seen What We can do now to save Earth in our own way Proper Discipline Future in Our hands Care, Protect, Respect Nature, CHANGE will be achieved

Climate Change: Share the Nightmare

By Jai Andrew Puno

Since I was a high school student, I have been hearing the term

“global warming”. I am aware that it is a serious matter, but I have no idea on the weight or gravity of the issue. It is just recently that I learned that being aware is not enough since it is not only the authorities’ job, but it is a shared responsibility among all of us, individuals, to do something about global warming. During the first meeting of my Environmental Law class, I discovered the real threat of global warming not only to our present lives, but including the lives of the future generation, through watching a documentary film, “An Inconvenient Truth”. I was shocked when I fount out the truth.

Good thing though, recently we just had the Paris Agreement on Climate Change. The Agrement aims to limit the temperature rise well below two (2) Celsius degrees. One of its strategy is to call on developed nations to give, by 2020, $ 100 billion annually to developing countries to help the poorer countries to combat climate change and foster greener economies. When I have read this, one question popped to my mind: Is the Philippines (I am not only referring to the government, but including the private entities and individuals that will be involved in the projects in the near future) capable of putting such huge sum of money to where it should be?

I believe that this is very risky. By just looking at our trains, roads, other infrastructures, and the unresolved issue of the whereabouts

of the Yolanda funds, by applying the doctrine of res ipsa loquitor, I respectfully submit that the Philippines is not ready for this huge responsibility. The proper approach would be that the funds be not entrusted wholly to the People of the Philippines. A coordination with a developed country, or the donor of the budget in the implementation and construction of the projects is far more realistic than just entrusting the whole funds to the Philippines and have faith that every cent of it would be dedicated to reducing the greenhouse effect.

Social media is a very powerful tool nowadays. People are using it to report incidents, work, study, recruit people, sell items, communicate, and everything. Even the presidential candidates are using it for their campaign. To persuade one individual at a time to watch and feel the film as much as I did, is a huge productivity to spread the message. As I have mentioned above, this is not only a task of the authorities, but a battle for each and one of us, and its first step is awareness. Being aware of the problem would make each of us conscious on our surroundings. Being conscious to the impending destricution of our Mother Earth can make an individual, let’s say, dispose of his wastes properly, even his tiniest candy wrapper or cigarete butt. The simple act already constitutes a contribution for the betterment of our environment.

Volume 9 April 2016 | 11

TheWrap:TheSchoolofLawGovernment Report Card

SLG

Annually, The Red Chronicles conducts a report on the School of Law Government’s (SLG) performance for the school year. The report is based on an assessment through personal interviews with each SLG officer, as well as a survey prepared for the student body.

The survey is based on a sample of 285 random students as respondents. Using a scale of 1 to 5 (1 being the lowest, and 5 being the highest), each respondent was asked to rate each SLG officer and their respective batch representative on their performance based on the following criterion: Visibility during school activities/school projects, Approachability, Efficiency/Effectiveness, Transparency in the execution of their own duties, and Over-all performance.

JIRO ACUNA President

“Reforms, Rewards and Righteousness” was Mr. Acuña’s main platform when he ran and won as President in the SLG elections last year. He claims that student representation was the biggest change achieved this year compared to the past years. Acuña was able to voice out concerns of the students to the administration such as the scheduling of examinations and the extension of the semestral break to accommodate the Bar operations last year.

One of the challenges encountered during his term was the filling in of vacancies in the SLG. Because of the resignation of the elected 3rd year batch representative and the failure to conduct an election in the 1st year, Acuña was forced to appoint persons to ensure that each batch will be well-represented. Another main challenge was the issue on school activity funds after the Bar month. To sustain the funding, the Fun Run was held to raise funds to reimburse the teams who participated at the Conflicts of Law tournament and to pay other accountabilities from the Bar Operations.

Acuña admits that it was not easy to balance his extracurricular and academic duties especially in his fourth year. However, he believes that he balanced his responsibilities both with the help of the SLG officers and other organizations of the school.

In sum, Acuña believes that based on the past year’s SLG performance, his council did better.

ANGEL PELIGLORIO External Vice-President

When Angel Peliglorio III ran for the position of Internal Vice-President, he promised the following: first, that law students would be allowed to enter school grounds through all gates and second, that each comfort room would have adequate toiletries. While the former was easily implemented the latter proved to be more challenging. According to Mr. Peliglorio, “As of the moment, we’re still discussing the details of the plan with Fr. Rector. Hopefully we’ll have it implemented by the end of the semester.”

In addition to fulfilling his campaign promises, he was able to organize activities for the student body. Chief among them, was the Lex Celebrationis. According to Mr Peliglorio, “the success can be credited to my co-officers and volunteers who worked tirelessly.” Mr. Peliglorio also highlighted his involvement in securing for the different participating teams of the annual Conflicts of Law facilities and venues for training and practice. This, he believes, “at least contributed in some way, however small, to the success of our winning teams and the excellent showing of Team San Beda Alabang as a whole.”

For him, the challenging aspect of his work was allotting time between his SLG duties, studies, and personal time. The only way he was able to make it work was through time management.

ANGELYN SY

Internal Vice-President

Her platform consisted of the slogan OneSB which aimed to unite one student body by creating activities that will bring the student body together and make law school life more interesting and fun. According to Ms. Sy, she was successful in executing her platform by doing projects backed up by sponsorships. “We were able to garner a lot of sponsorships that helped our projects which in turn helped the students. We were also able to unite the San Beda Alabang community with our events that helped the students know each other outside the four walls of their classrooms” she says.

She believes that along with the SLG, she was able to achieve her platform through the activities for the student body such as the Unbarred series, NovemBAR, Bedan Luau, Summer Splash Fun Run, and the Conflicts of Law tournament.

She is proud of all the SLG projects this year and considers all of them the best as the entire SLG gave their full effort for each project.

Juggling between her responsibilities as EVP and her academics was fairly easy for her because she manages her time and she loves what she does. “As for the challenges and working relations with other SLG officers, there aren’t any that can’t be solved and can’t be communicated.”

SITTIE MACARAYA Secretary General

The student body still recalls her noteworthy and witty platform, with the use of her name’s acronym: Sincerity or Superb performance of duty; Humility; Accurate information dissemination and; Xtra service (SHAX). As the Secretary General of the student body, team captain of the women’s basketball team, member of the Legal Aid Center, and as a graduating student – time management and emotional strength and stability was the greatest challenge for Ms. Macaraya.

In balancing all her duties and obligations, she managed to make time for everything through the motivation of her passion and love for what she was doing. Although sacrifices had to be made at times, which led to certain misunderstandings, she remained thankful for all the support she received from her friends and family. When asked about her working relations with her co-officers, she stated - “It’s okay, I tried to do my part for the student body.” In assessing her over-all performance, Ms. Macaraya mentioned that she did her fair-share of the responsibilities and workload. Adding to this, she remarked that others may not be able to understand the overwhelming pressure and stress brought about by all her obligations, nonetheless, she was happy and contented to be able to be of service to the Bedan community.

12 | Volume 9 April 2016

JIO COSUCO Treasurer

When Mr. Cosuco campaigned for the position of Treasurer, he presented the following platforms: security and maximization. Security in handling the school funds safely by being organized and ensuring the student body that the funds will be used wisely through transparency. On the other hand, maximization refers to the implementation of ways on how to make the most of a given capital in order to guarantee the success of various school projects.

“I balanced my duties and academics by keeping in mind the advice of my parents. Doing my duty first, then studying for my classes afterwards,” Mr. Cosuco said. However, he admits that he encountered a personal matter after the Bar Operations month. “My mother was diagnosed with a serious ailment. I told the School of Law Government that I had to take care of her and balancing that with my duty would be extremely hard”. He discloses further that the Internal Vice President shouldered most of the work that were left unheeded.

Mr. Cosuco expresses that working with the other members of SLG was the best experience for him as they were fun to work with and they never left him behind. “My overall performance this year, honestly speaking, was not that good due to the problem I encountered which made a big effect with my duty and studies, but during the Bar month and the projects before that, I think I did my job well.”

LAURS MENDOZA

3rd Year Batch Representative When the elected 3rd year batch representative Darwin Panggay resigned from his position, SLG President Mr. Acuña appointed Ms. Mendoza to fill in the vacancy. Ms. Mendoza was officially appointed at the beginning of the second semester. Before her appointment, she was a member of the Volunteer Corps (VOLCORPS) which made her familiar to the work already being done by the SLG. Upon appointment, Ms. Mendoza initially planned to just follow-through with the work Mr. Panggay left and to give support to the SLG as well as the other batches. Her goal was to voice out concerns of her batchmates and be able to help everyone who needed it, which she believes she was able to achieve. Among the projects this year, she spearheaded the petitions for the summer classes as well as her involvement in the initial planning stage of the “Summer Splash” fun run event.

EDWARD ARRIBA

2nd Year Batch Representative When Mr. Arriba ran for batch representative, he made several promises to the student body. His platform included the implementation of the text blast system, expedient information dissemination, a well-structured batch council, organization recruitment week, organization summary, a Batch 2018 directory, a consultative batch governance, academic assistance program, SBCA mobile application, and the batch jacket.

Out of the all his platforms, Mr. Arriba is proud to say that he was able to accomplish all, except the SBCA mobile application which is still in the works. He considers this as the most challenging because of the time constraint, but he is still doing his best to finish it.

Just like any other student, Mr. Arriba also struggled with balancing everything on his plate. He knew sacrifices had to be made like sleep and leisure time, but this didn’t stop him from giving his best in all his work. With the help and support of his family, friends and the SLG, it was easy to balance his academics and duties. Although he does not see himself as the perfect batch representative, he is most proud of his batch. He believes he was able to unite them and prove that they can excel both in academics and extra-curricular activities.

ABBY APASAN

1st Year Batch Representative

Due to failure to conduct freshmen elections, Ms. Apasan was appointed the 1st year batch representative by the SLG President Mr. Acuña. Since her appointment, her one and only goal was to deliver to the student council the concerns of her batchmates as soon as possible. She wanted their batch to have a we-are-all-in-this-together approach to pool in reviewers and notes acquired from the upper batches.

Ms. Apasan believes the challenging part of the responsibility was that she was not able to adjust right away, given that it was her first time to be a part of a student council. She especially realized this difficulty during the Bar Operations and enrollment. But this, she learned, was the true meaning of service. Since then, she was able to embrace the work and to sacrifice. She is thankful for the help of her batch council who helped carried on the weight with her.

Note: Each score was computed by obtaining the average of the number of respondents for each batch. Some scores on the survey were left blank which may be interpreted as: 1.) the respondent did not know the SLG officer at all, or 2.) the respondent did not know what score to give the SLG officer.

JIRO ACUNA (President)

ANGEL PELIGLORIO (EVP)

ANGELYN SY (EVP)

SITTIE MACARAYA (Sec. Gen.)

JIO COSUCO (Treasurer)

LAURS MENDOZA (3rd Yr. Rep.)

EDWARD ARRIBA (2nd Yr. Rep.)

ABBY APASAN (1st Yr. Rep.)

3.56

3.10

3.98

2.96

2.35

4.32

4.30

4.31

Approachability

2.92

3.53

3.49

3.35

2.36

4.10

4.35

4.18

Efficiency / Effectiveness

3.07

2.95

3.56

3.17

2.32

3.83

4.35

4.29

Transparency in the execution of their own duties

2.86

2.85

3.30

3.05

2.18

3.63

4.13

4.20

Over-all Performance

3.01

2.94

3.52

3.12

2.31

3.80

4.37

Visibility during school activities / student projects

3.87 Volume 9 April 2016 | 13

Red Files Declassiffed: Student Body Rules and Leaders

By The Red Chronicles

The Case of the Missing Student Handbook

A cursory visit to the San Beda College Alabang - School of Law (SOL)’s Office of the Dean, Guidance Office, Library, and even the Office of the School of Law Government (SLG), this March, revealed that none of these offices have a hard copy of the Student Handbook. Should it be a source of concern that none of the administrative offices are with a copy of such handbook?

The Student Handbook contains regulations and policies concerning the student body, including the curriculum and description of each courses offered and the academic awards given. Thus, all students are expected to have a copy of the handbook. Unfortunately, transferee students from as early as the second semester of Academic Year (AY) 2013 – 2014 and this year’s freshmen students were not given their own copies.

Upon further inquiry, the Office of the Dean is out of copy. No printing orders are set for the reason that the Student Handbook is under revision.

Likewise, the Library, which is supposedly a repository of official documents is without copy. The Guidance Office is also bereft of any.

It is a point of concern when the very basis for the manner and conduct that ought to be observed by all is not accessible. The Student Handbook lays down the rules and regulations that every law student should follow. As such, elementary principles of fairness demands that the students be apprised by it.

Having an accessible copy of the Student Handbook is as good as having a harmless teaspoon inside one’s table drawer. In any case, its presence or absence does not strain the harmonious administration and day to day operation of the SOL. If anything, the presence of the Student Handbook is just symbolic. Because who reads it anyway?

For concerns involving the Student Handbook, the Office of the Dean has a soft copy.

14 | Volume 9 April 2016

Vacancies and Contingent Procedure With the end goal of becoming a pro-student institution, the SOL is provided with a student politic designed to be the voice of the student body over issues and matters concerning academics and students’ well-being. However, the student government is faced by challenges that are not foreseen by the rules and regulations that are currently available.

In AY 2014 – 2015, the student population settled with the same student government officials as the previous year. Incumbent President Jiro Acuña explains that, although campaign line-ups were in existence, certificates of candidacy (COCs) were accepted by the Election Commission (ELECOM) after the deadline. Thus, in order to comply with the standards set by the by-laws of the ELECOM, Atty. Bruce Rivera, Prefect of the SOL, decided that only the candidates who submitted their COCs on time are eligible to run. However, the sole candidate decided to withdraw his candidacy. This resulted in a holdover term.

After the successful elections for AY 2015 – 2016, the SLG faced controversy once more with its failure to elect first year and fourth year batch representatives, and the resignation of then third year batch representative, Darwin Panggay. Appointments were seen as a necessity. Edward Arriba, second year batch representative, filed a shortlist for eligible first year batch representatives. Similarly, the SLG made a shortlist out of active VOLCORP members for eligible third year batch representatives.

The formulation of their decision, as approved by the SOL administration office, suggested a lack of contingent procedure in cases of vacancy. The only qualification under consideration is the amiability of the candidate and no transcripts of academic records or extra-curricular activities were submitted.

When asked about the SLG Constitution, Acuña, as well as previous SLG officers, attested that there was none. Likewise, while ELECOM seems to have by-laws regarding election-related concerns, its duties only covers campaign and voting periods. The Commission’s jurisdiction does not extend to vacancies and appointments.

With the upcoming SLG election, usually held during the second semester of every academic year, the ELECOM usually receives a directive from the SOL administration office to hold the next elections. While Acuña confirmed that there has been no word yet regarding such, he assures that preparations should ensue once directed by the office.

More than the presence of competent people, the stability of institutions are key in giving life the aspirations of the student body. Beyond individual effort, the presence of stable institutions assures accountability and sustained leadership for the Bedan community.

Volume 9 April 2016 | 15

SUFFRAGE S

“ uffrage” has been used since the 14th century to mean “prayer” (especially a prayer requesting divine help or intercession). So how did “suffrage” come to mean “a vote” or “the right to vote”? To answer such question, we must look to its etymology, the Latin ancestor, suffragium, which means a “vote,” “support,” or “prayer.” The term “suffrage” produced several meanings in a number of languages, but the English picked it up in two different senses. The sense of the “prayer” comes from a Middle French suffragium that emphasizes the word’s spiritual aspects, and the term “voting” is taken from the original Latin.

In the Philippines, the right of suffrage may be found in Section 1, Article V of the Philippine Constitution which states that: “Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election.

No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage” Some people regarded suffrage as a clear manifestation of freedom in a democratic society. The essence of suffrage is in its proper exercise.

In other words, the improper and irresponsible exercise of suffrage may lead to its eventual loss, thereby losing freedom itself. When the people take the right to vote for granted by becoming cynics about the field of candidates running for public office, then the right to be governed rightly and properly by the elected public officials becomes illusory.

How then should the right of suffrage be exercised responsibly and properly? Making a choice or praying for someone or for something requires an earnest search for the truth. Complete knowledge on the subject of choice or supplication should pervade the person’s mind and heart. The object of choice should always be based on genuine information regarding the possibilities among several options.

For electing a candidate to a particular public office several factors must be considered as bases of a citizen’s choice. What should be foremost in making one’s decision to vote for a candidate would be the good qualities that make up a responsible leader-servant. Love of country, integrity, independence, work experience, educational background, platform, performance in public office, if any, and principles being espoused or advocacies being promoted are some of the important facets of a candidate that the electorate must scrutinize. In the Philippines, the information needed for an intelligent and responsible exercise of the right to vote has been delimited by the imposition of a brief campaign period.

Prior to the martial rule, no law or regulation was imposed defining the election and campaign periods. The schedule of elections for national offices and local elective posts was separate and distinct. Under the 1935 Charter, the elections were held every two years and the term of office for elective officials, except the Senators, was four years. As far as I can recall, the politicians then were mostly men and women of proven honesty, integrity, independence and competence. For example, most of the senators elected under the 1935 Charter were outstanding lawyers, a majority of whom were Bar topnotchers. They had the required qualifications to discharge the duties as legislators. The floor debates in the halls of Congress were very enlightening and even entertaining at times.

And if one were to trace how these politicians ascended to their elective positions, almost all of them underwent the tedious process of gaining in their prominence through hard work, consistency in performance and laudable advocacies. The two-party system also played a key role in the development of local and national leaders.

There is, therefore, a need to revert to the old system of election schedule and practices. There is nothing fundamentally wrong in allow-

16 | Volume 9 April 2016

ing prospective candidates from introducing themselves to the electorate at any time before the elections by announcing their intention to run or to be voted upon. By allowing non-celebrities but highly qualified individuals to use or have access to any form of media anytime to make themselves known to the public without the risk of violating any election law would satisfy the need of the electorate to arrive at intelligent and responsible decision come election time. Indeed, it is necessary that new, young, progressive, intelligent, and capable servant-leaders be developed in this manner so that the voting public would have wider choices during elections. The system of succession in elective public offices would also be ensured. In this manner, popularity alone would not be used as the major qualification of the candidate for public office.

The current political party system in the Philippines failed to entice and develop qualified individuals to join the ranks of competent politicans. Instead, political parties appear only as convenient tools promoting narrow partisan or personal interests. They do not present to the people fundamental ideologies and coherent platforms of government which could be the base of a candidate running for public office. As a result, there is no system which could nurture healthy debate on basic issues and programs of the government. Instead, the electorate is beset by personality based propaganda during election time. A drastic and meaningful change in the political party structure is required so that a real democratic atmosphere can be created enabling the people to participate in governance.

There is, however, one welcome development in the current electoral exercise, i.e., the interaction of people through the internet. Since the netizens have unlimited access to information through the social networking websites, many have realized the tremendous influence of the internet on wide-ranging subjects. Presently, the activities of politicans, their advocacies, principles, family relations, social, and professional background have become topics of keen interest in the social networks. Netizens engage in lively debates on the qualification of candidates, election issues and other matters which they deem important. Anyone can now read messages, watch uploaded videos, bits of news and even articles in the internet. Reactions to or comment on these messages, videos and articles are registered and published instantly. How powerful the impact of the internet on the elections is something that must be considered very seriously. The 2016 elections would be an opportunity to gauge the impact of social networks on the outcome of an election. Some people believe that the frequency of a candidate’s presence in the social network directly affects his chances of winning the elections, citing as an example the case of the incumbent President during the 2010 elections. Already the internet has emerged as the central forum by which candidates could be known thereby providing the people with steady flow of data which will lead them to informed choices.

Living in a dynamic democratic society requires that every citizen should be ever vigilant in exercising the right of suffrage. Electing public officials is merely the initial step to governance. More than the legal niceties and implications of suffrage, the effects of the people’s vote lead them to the inescapable path that determines their future. The collective decision of a people in an election is so transcendental that it could either establish a new direction to stability and prosperity of the country or to its continued descent to perdition and hopelessness.

The essence of suffrage should not be confined to mere voting but elevated to the spiritual sense of supplicating. The journey of a people to stability, development, prosperity and happiness can only be achieved if the elected servant-leaders have the single-minded vision to reach heroic heights in accord with the will of the Almighty. It is suffrage as a prayer that would fortify the people’s will in building a truly great nation.

OPINION Why Due Process?

As the Philippines nears the elections, the rhetoric in the public

sphere has become increasingly hostile. Much of the vitriol centers on the pressing question of criminality and drugs. A raucous mob of keyboard warriors advocate extralegal killings as the final solution. Criminals are inhuman and the legal system is a sham, they would often say. Human rights advocates are depicted as coddlers and quixotic fools clinging to ivory principles.

It is alarming that law students and even law professors would subscribe to this idea. More shocking is their audacity in advocating street justice, the rule of the mob.

But it is precisely in these times of depression and despair should reason prevail. And what reason demands in this pressing question of criminality is due process for three good reasons. First, because it is the best course for maintaining order. The application of due process is largely free from whims and caprices. It is a standard based on logic and evidence. Concededly, due process is far from perfect. But no system is perfect. In any case, due process is better than killing drug couriers on one hand while pardoning plunderers on the other.

Second, the blind headed reason for killings comes from a false sense of security. Well-to-do people do not associate with criminals anyway.

And who would be stupid enough to condone crimes in the four corners of law school? While the privileged condemn the others to their deaths,

they look the other way when their friends commit them. This is hypocrisy, pure and simple. Evil is omnipresent. It is not only confined to the people outside their circle. Furthermore, it places an undue burden on law enforcement. To task the security forces (death squads) with the duty of moping criminals premises their infallibility. And the mob commits mortal sin. It is the sin of idolatry, of placing fallible people to be the sole judge. At present, whatever mistakes the law enforcement are committing are softened by the impartiality of due process. Whatever guilt they may incur is shouldered by reason and evidence.

Third, because extralegal killings are a product of selective justice. It is dangerous because it ignores the views of others. Standards of right and wrong must be determined by a community precisely because it affects them. As such, laws exist to safeguard these communal values. When one man bends the laws, how could others be expected to toe the same? And why should the people trust the inconsistencies of a strongman? The erring mob cannot have their cake and eat it, too.

Letting the law take its course is an unglamorous business. It is full of rote and ritual, designed to weed the truth from the lies. And it is flawed, like the humans who operate upon it. While due process may not be the perfect horse, it is the best one in the stable. Due process endures because it is insulated from the passions of the time. Due process is essential because it believes in the goodness of man. It is a system worth keeping.

Monsters in Society “... Freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.” - Justice Robert A. Jackson

I

am of the third kind. Ideally, democracy is a situation where everyone is and should be treated equally. In the Philippines, democracy is and will always be entwined to religious morality, being a predominantly Catholic country in Asia. Under the Constitution, we invoke the Divine Providence to guide us but at the same time we expressly prohibit the meddling of the church in state affairs. So where should the line be drawn between religious morality and legally defined good morals?

The Supreme Court recently decided a case that both challenged the majority belief and stood by what the Constitution upholds. In Ang Ladlad LGBT Party vs COMELEC, the COMELEC denied the said Party from further proceeding in filing their registration with the COMELEC, which the latter denied with utmost conviction. The COMELEC denied said registration on moral grounds and used the Bible and Koran as its basis. It further argued that it violated civil and criminal laws for its disregard of morals and decency. The Supreme Court reversed the decision and questioned the COMELEC’s intention of using religion as a basis for its denial. The Supreme Court reminded the COMELEC that our Constitution respects religion but

it also draws the line between matters of the State and the Church. As pointed out by the Supreme Court in the case of Estrada vs Escritor, “...although the morality contemplated by laws is secular, benevolent neutrality could allow for accommodation of morality based on religion, provided it does not offend compelling state interests.” The COMELEC disregarded every person’s right to be represented in the political playing field and in this case, the growing community of LGBT. The community of LGBT as the third kind have played key roles in the corporate world. They excel in what they do, their motivation to be recognized and respected is unparalleled in a country that has shunned and treated them with extreme prejudice.

I am of the third kind. This is what I am and what we are. We live in a society where we are questioned for what we choose despite being in a democratic society, but this is the consequence of being in one. We claim to respect diversity but frown upon the third kind. The harmony between religion, democracy, and morality is blurred by the ideological stalemates that we ourselves have created. Society has come to a crossroads that it cannot deny the existence of the LGBT and what they have contributed in this society. We are no different from you. We have a right to be part of this society. Maybe its about time that we are given the chance to have a voice in this country.

Whenever people ask what we want, to this, we answer: to exist.

Volume 9 April 2016 | 16

Editorial

Bigas Hindi Bala

As the sun sets on the plains of Kidapawan, three bodies lay for all to see. About 116 people were wounded as shots were fired on the protesters. As news reports began to filter in, 5000 farmers were huddled in a church surrounded by police armed to the teeth. As the hours passed, the situation became clearer. A group of farmers were blockading the national highway demanding the delivery of rice supplies for the El NiĂąo season. When talks broke down, the police tried to disperse the protesting farmers. Rather than muddle in the blame game, the better recourse would be to seek the root of this carnage.

Time and again, the government should be reminded that the Constitutional rights of assembly and redress apply to every citizen. Political leanings should not deprive a citizen of such. While the ideals of democracy may not be present in all ideologies, democracy cannot live without them.

For democracy thrives in contradictions. It is the clashing of ideals that sustains democracy. As such, the presence of leftist leaders were not an excuse to stifle these time- honored rights.

No amount of perceived obstructionism should deafen the ears of the powers-that-be because the farmers have a legitimate grievance. The current debacle is a heartbreaking catastrophe. But in fact, it was a tragedy superimposed on a bigger political blight. For months, the government failed to mount an adequate response to the El Nino crisis. The fact that the farmers have been begging for their own crop speaks volumes. They were standing in the precipice of subsistence for too long. And when they took a leap of faith, they were showered with lead.

As the days passed, the Palace stated that non-locals were present in the scene of the massacre while the governor 18 | Volume 9 April 2016

chimed in and said that politics was behind the rallies. These statements betray the callousness of the government. It is precisely politics that should move people to express their grievances. Involvement premises a set of beliefs on how the government should be run. And when did the right to protest become localized? Alarmingly, they exposed the discomfort of the government to dissent.

It is natural for man to be averse to criticism. For the mind is so powerful that it believes what it wants to be. But the farmers are not dealing with the rule of men. They were supposed to interact with the rule of law. Thus, while the government blushes with criticism it must at least have a pretense to embrace it. Duty, not ego should be the order of the day.

Furthermore, history has consistently shown that official channels of communication are wanting in evoking true living conditions. Power corrupts. It eventually twists and obscures the elected from the people. We need only to look at Mamasapano and the MRT. Thus, the need for dissent becomes more imperative. Only those starving farmers in Kidapawan could have the means to take their cudgels. Neither the government, nor the media, nor the leftist groups could have done it for them.

At present, the bodies are laying in wake. The farmers are huddled no more. The Senate is currently investigating in detail this gruesome catastrophe. But as long the powers-thatbe continue to disregard the need to welcome dissent, the trail of tears would continue. Marx said that history happens twice first, as a tragedy and second, as a farce. We have experienced too many tragedies to welcome a farcical response.

Bigas hindi bala.

A Day in the Campaign of Rodrigo Duterte

By Joseph Franco Photo by Ceasar Entila

March is a month when summer begins. Its heat mirrors

the fire of the inhabitants. Currently, the Philippines is gripped in the heat of the elections. Debates continue to rage the countryside as the candidates crisscross the archipelago in a frenzy to canvass every vote.

On the fourth of March, sun-soaked Antipolo seemed oblivious on what was coming. The Mayor was scheduled to visit the Capitol for a courtesy visit. At 10 in the morning, scores of supporters, hanger-ons, and public servants milled around the capitol. Their restlessness increased as the minutes whiled away.

People can be seen going in and out of the Governor’s office. Is change coming?

Meanwhile, the provincial legislative session has adjourned

before noon. The presiding officers and the aldermen exited the chambers and were going to their respective offices. Have they adjourned early with the expectation of hosting the Mayor’s visit?

One floor above the Governor’s room, a conference hall was noticeably arranged. Rows of chairs and tables were tidily arranged facing the podium. It was not spacious, but it can suffice an intimate gathering. First came the supporters from Mindanao.

Second came the media men. Harried cameramen were scurrying in the aisle followed by their news anchors anxious for every move. Slowly, men trickled into the conference hall.

At noon, the trickle of people turned into torrents as the murmurings turned into shouts. Suddenly, the people became ecstatic. The province of Antipolo witnessed a ritual of a democracy.

It is a ritual that demanded the political suitor to inform the par-

3 DU DUTERTE

The shouts have become deafening. The sordid summer heat in the hall has become unbearable. The Mayor of Davao, Rodrigo Roa Duterte has come. Unlike his fellow politicians who see themselves as a cut above the rest, the Mayor passes as an average figure. Bereft of airs, he struggles to steer among the uncontrollable crowd. It takes a few minutes to pacify the feverish folk.

When the emotions have ebbed, the host began to introduce the Mayor and his party. One by one, Duterte and his party stood up to be recognized. Next came the local politicians. From the high provincial board to the lowly barangay captain, everybody came to receive the Mayor from Davao. Like a respectful suitor, Duterte acknowledged the presence of the politicians, informing them of his impending intentions.

The running mate, Sen. Alan Peter Cayetano first addressed the audience. His calm demeanor and measured tone conceals his flaming passion for local governance. He recognized Rizal province as the premiere province of the country back in the days. With brimming words, he castigates Manila for its slow response during disaster times. The audience were incensed with the injustice of paying taxes for a government in Manila that gives little.

Second to stand, but certainly not the lesser was the Mayor himself. The crowd previously cooled suddenly became ecstatic.

He first began with the Muslim roots of the Philippines. In the beginning, the Philippines was Mohammedan. Then came the Spaniards who trounced the crescent down south.

Breathlessly, Duterte moves down south, to Mindanao. He passionately pleas for the passage of the Bangsamoro Basic Law (BBL). He said that besides Federalism, the BBL is one good hope for peace and stability in the region. War, it seems, is a reality that must the tamed at all costs. To bat his idea of peace, he recalls the time when a bomb exploded at the Davao Airport.

He finishes his discourse with a plea to the President to pass the BBL. From parochial concerns, the Mayor hovers into the national.

He bewails the relationship between Manila and its provinces.

20 | Volume 9 April 2016

0

ents before beginning his suit. And who in Antipolo is more fit than the elected officials to stand as the fathers of the people?

He is frustrated with the idea that the peripheries exist as automatons, lifeless extensions of Manila instead of being partners.

And this message of self-governance hits home.

Of course, who can forget Duterte’s crusade against criminality and drugs. It takes a brave soul to point out the uncomfortable truth. For Duterte, the Philippine situation is deteriorating because of these evils. He presents his firm hands and a steely resolve ridding the country of these painful ills.

But not all the times was the Mayor engaged in lofty talk.

Serious discourses about the country are punctured with small anecdotes about himself. Little vignettes about his mediocre grades to his childish antics litter his speeches. Unlike feudal politicians who maintain their aristocratic airs, Duterte cultivates his self-deprecating humor.

Unlike the typical campaign rituals of song and dance, Duterte forces his people to think. He shoves in the fore issues instead of empty rhetoric. Policies, instead of promises. One can be forgiven for seeing his tirades as senile rantings. Because why would Filipino politicians focus on educating instead of distracting the masses?

Perhaps, the charm of the Mayor lies in his empathic connections. His no-nonsense approach to local problems are softened by his ordinary demeanor. His excellent track record in public service is balanced by his grounded flawed beginnings. During the season of flowery promises and sweet words, his cutting honesty is a welcome shade.

A day in a campaign is incomplete to cover the merits of the man. But a day is enough to see a glimpse in his character. As the sun sets, the heat refuses to dissipate in the Capitol. So too, is the fire brimming in the hearts of its inhabitants, who, for a day were witnesses in the campaign of an aspiring presidential candidate.

AFor MANAll Seasons

By Joseph Franco and Mara Martinez Photos by Ceasar Entila Oftentimes, it is the seasons that shape and limit the character of man.

Such was the conviction of the Greeks that the passing of seasons became deities- seasons personified possessing powers. Rare is the opportunity that is given upon a few to thrive upon the seasons that he inhabits.

Even extraordinary is the ability of man to mold the seasons that he is in.

becoming a certified public accountant (CPA). He tried to steer his career path away from his COMELEC Commissioner Father, and his law student brother. After taking the CPA board examination, the Chairman thought he that was going to fail and that he had nowhere to go. He then decided to give law school a try.

Former Commission on Elections Chairman Sixto Serrano Brillantes, Jr. is one such man. Schooled in the precepts of prayer and work, he is a proud alumnus of the only law school in Mendiola. One can be forgiven for mistaking the Former Chairman for being a chaff like the rest: mellowed, unpretentious, and good-humored. “Akala ko sa McDonald’s tayo eh,” Brillantes jokingly said as he was ushered into Café Eight of Crimson Hotel Alabang. A day of MCLE class and Friday traffic did not dampen his mood to have a chat with the editors of The Red Chronicles.

A Time to Face the World At this time the adolescent realized his youthful mistakes. His youth is spent, his happy days have fleeted. He takes stock of his shortcomings and leaves them behind. The adolescent sheds his school shorts for smart-looking pants. Finally, he leaves the comforts of his home for the delights of the city and for the demands of legal study. The older he becomes, the farther he gets.

Beneath his deep and grayed persona lies that fact that he was once played by the seasons.

A Time to Play A child’s preoccupation is one of games and frolicking. His perception is small, his responsibilities minute. His world consists in trips from home to school, and everything in between. Once, the Former Chairman was no exception.

“I’m the black sheep in the family,” Brillantes chuckles. He would always pick fights in school and be reprimanded. He constantly refused to speak English in the then American-led school in Katipunan. Cleaning the school grounds became his household chore for his antics. His behavior continued in his college as he would always drink with his friends, and struggle with mediocre grades.

Lawyering was the farthest from his mind. Graduating from San Beda College Mendiola with a degree in Commerce, he has set his sights on

“I was totally changed. From my Commerce days, I was always with friends drinking and going out. But when I entered the College of Law, I was a changed guy. As time passed, I realized that I was good. I was pressured not to burden my father with my law education because he said that I was good and wanted me to finish law.”

While he religiously devoted his mornings to studying, his afternoons consisted of teasing his classmates at the library. In his senior year, he became the Editor-in-chief of the San Beda Law Journal. Upon graduation, he was given the distinction of Class Valedictorian of batch 1965.

The following year, he demonstrated his legal acumen by landing 7th in the Bar examinations.

The young Brillantes was also immersed in the realm of politics early in his life. With the appointment of his father as a COMELEC Commissioner during his high school days, and the election of his brother in public office, it was inevitable for him to be involved in the same industry.

“I never wanted to enter politics because I can see how dirty it is.”

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Despite the fact that he is good with numbers, Brillantes was trapped in the clutches of election law. Thus, he had bid farewell to his accountant dreams.

A Time to Work At last, the schoolboy can heave a sigh of relief. He cast his books aside, and leaves his uniform for a suit. But like the Israelites in the desert, he finds that every step is weighed by consequences. He faces a choice: to mold the system or to be swallowed by it. It is a paradoxical choice. To be able to mold the system, he must first be subsumed inside of it.

system equips the man with the tools to change it. The man at last, has come of age to mold the seasons. Brillantes’ ascent to the COMELEC seemed to be the culmination of his long practice in election law. But it was anything but planned. He was originally planning to apply for an ambassadorship after the elections.

Immediately after passing the Bar, Brillantes set up a law office with his father. It was timely that the latter had just retired from his office in the COMELEC. Handling election cases came naturally to the father-andson tandem. Unfortunately, with the senior Brillantes becoming sick and getting weaker, the partnership must reach its end after five years.

Brillantes originally vetted his law firm partner for the post. But suddenly, the position of COMELEC Chairman had become vacant with the resignation of Chairman Melo. Political insiders said that Brillantes and Macalintal were considered for the post. “Between me and Macalintal, it better be me, I am more experienced than him, I said to the President”, Brillantes said. Faced with the prospect of choosing Macalintal, he doggedly accepted.

The demise of his father in 1972 came as a break in his career in election law. Brillantes went on to work for Danding Cojuangco as an inhouse counsel in the latter’s company. “That’s where I grew up,” Brillantes shares. As a young lawyer, he also took part in the expansion of the Cojuangco conglomerate, being the corporate secretary for most of its companies.

Eventually, the Chairman realized that he was not cut for corporate life, adding substance to the adage that old habits die hard. He yearned for the clashing of arguments, the rough and tumble of the courtroom. And so he decided to venture into private practice with fellow Bedan lawyers Rudy Robles and Ed Nachura.

He was distinguished as one of the few election lawyers of his time.

Years of accumulated experience in litigation and politics became handy for him in times of need. When asked about the most memorable case he handled as an election lawyer, Brillantes answers with the presidential elections of 2004, representing the late Fernando Poe Jr. against former President Gloria Macapagal-Arroyo. In the process, he was cast in the limelight.

A Time to Mold And after the years of wandering in the desert, comes deliverance.

Even Dante had to endure the abyss to ascend to his beloved Beatrice. In the same vein, a man swallowed by the system can fight and remold it in his likeness. With familiarity comes contempt. Knowing the evils of the

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“I was the election lawyer of PNoy. We were hired. So when he won, I did not want to go to COMELEC” “I was tired from the 25 years of experience that I had from my electoral law experience with the COMELEC. I am familiar with almost all of the employees there”

As expected, his nomination was not smooth sailing. For it is but natural to be suspicious of creatures from the system. What assurance do they have that the insider would not carry the cogs and wheels of the system? Did he let an iota of his connections influence his decisions?

Perhaps. In any case, the mind can only be judged from its acts.

“True. I have clients all over the country. I cannot imagine one province where I don’t have one client. I stopped my practice and I prevented my partners at the law office, from practicing in COMELEC although they are not supposed to be. If they will practice, I will just inhibit myself. But I said, no. Do not practice while I am Chairman.”

A Time to Welcome the New “My main problem is I knew the entire election from the manual election perspective.The reason why I did not want to go to COMELEC at the time is because we were already in the automated system.”

With every changing season comes the promise of something new. But the charm of new beginnings does not come from uncertainty. Rather, the allure of the new comes from a chance to break the monotony of the old. For too long has the country endured the monotony of electoral violence and snail-paced tallying. Once the country had tasted the convenience of automation, there can be no turning back.

“My first challenge in my first few months was to learn everything about the technical aspect, which was very difficult because I was not an I.T. expert. I had to get consultants” Due to its hurdles, he also recommended the appointment of IT Experts in the COMELEC. But alas, as with many cases of reform, politics was to intervene. And sometimes it strained friendships.

“I said to the President, we can place a Commissioner who is a technical expert. That is why Gus Lagman was appointed. But it did not happen because he was not confirmed. He sulked so he criticized the COMELEC” he revealed in Filipino.

In many ways, Brillantes had become like the institution that he led.

Adapting to change was difficult, unsettling even. But it must be done.

Dragging procedures related to ballot appreciation and pre-proclamation controversies disappeared. When asked on the extent of change he replied, “Under an automated system, there’s practically no more practice.

The practice of election law is now limited to the pre-election activities which means we are talking here of disqualifications etc. But post-election, there is almost none.”

Automated elections are here to stay.

A Time to Build As the grown man builds, his energies are spent. The brashness of his youthful years are no more. As he looks on his accomplishments, he yearns for a legacy. It is now the time to build.

The PCIJ in a report said that the Party-List System Clean Up and Campaign Spending Reform were the key accomplishments of the COMELEC under Chairman Brillantes. It seemed that after a succession of controversial Chairpersons, Brillantes was the final boon. But when asked about these, he simply laughed and shrugged them off.

“I felt one of my achievements was in organizing the second automated elections. I was very worried about it. I thought I will have a very big problem that is why I was not able to sleep much,” he explained.

Part of the reforms in the COMELEC constituted reining in the profligacy of the candidates. Like the Philippines, politics also has the dry and wet seasons. It is dry season when the elected are busy milking the honey from their subjects. And when elections come, a deluge of money floods the television, the social media, and in millions of ubiquitous posters of all shapes and sizes. And the dry season of politics will repeat again. But not this time.

“Before 2013 elections, there was no campaign finance limits. The law was never enforced strictly. We were very strict on the limitations. That was the best project of Commissioner Christian Robert Lim. He was the Commissioner-in-Charge. That is why ER Ejercito was disqualified because of the limits. A 5-minute advertise is worth six million.”

Another contentious matter is the proliferation of Party-list groups.

Originally instituted to promote broader representation, the intent was to welcome the marginalized. But the landed, the gentry, and the moneyed came in. All sorts of political parties mushroomed through the landscape fronting all kinds of advocacies. And if the hammer of the Commission must fall, it must fall hard, and judiciously.

“Our concept there is that the party-list should be sectoral. But the Court said no. We were strict in that when you represent a party, you have to be a member of that sector like fisher-folk you have to be a fisherman.

That is why we disqualified many. We disqualified the Bicol Party-list, which is the biggest party-list in 2010 but was reinstated by the Court. So from 180, we brought it down to about 80. The Supreme Court brought

the number up.”

Among others, Brillantes considers his achievement the voters’ list clean up in Autonomous Region of Muslim Mindanao. Previously, it was said that even the birds and bees have voted in the region. About 400,000 entities of all forms were axed in the voting list. In the midst of impending electoral violence, the ARMM election went without any mishap.

Brillantes acknowledges that they have barely scratched the surface.

But at least they have made a difference. Before leaving office, Brillantes signed a contract with SMARTMATIC for the procurement of new PCM machines. It was later voided by the Supreme Court (SC). In his defense, Brillantes pointed out the cost-efficient advantages of the contract.

It was a simple case of ends not justifying the means.

A Time to Ruminate

As the interview closes, The Red Chronicles asked the Former Chairman on various current issues.

After the Fact. With a bit of flourish, Brillantes takes pride in advocating the view that the COMELEC has no jurisdiction in determining qualifications of candidates, way before the SC pronouncement. He further elaborated that the only way the COMELEC can prevent Grace Poe is through material misrepresentation. Simply said, he holds that Grace Poe can only be removed after the elections.

A Hasty Compromise. Answering the apprehensions on voters’ receipts, Brillantes replied that the election will definitely proceed because there was a compromise on the matter of the voters’ receipt. The compromise was hammered in the oral arguments during the Motion for Reconsideration. The SC relaxed its interpretation and allowed administrative compliance.

Penera’s Bane. For certain, every law student knows of the case of the simple motorcade that made national ripples. And none is more affected than the enforcer of election laws himself. He believes that election law enforcement should start at the time of the filing of the Certificate of Candidacy. More than campaigning, he also believes that the period must also be enforced in campaign financing.

Power Runs in the Family. Like other Filipinos, Brillantes disdains political dynasties. He believes that an Anti-Dynasty law would be a timely legislation. He added that he lobbied for it in Congress, that it already cruised through the respective committees in the House and the Senate.

However, the Anti-Dynasty Bill was suddenly scuttled, apparently due to the lack of time, or so we are told.

Hocus PCOS. When asked about the potential challenges for the COMELEC, Brillantes was optimistic. If three is a charm, then the COMELEC would nail it this time. He asserted that all of the major glitches were solved in the last two elections, so the third automated elections should be smooth sailing for the COMELEC. He jokingly notes that the newly-improved machines are called PCM to disassociate it from the old PCOS, derisively called Hocus PCOS. Epilogue While the seasons continue to shape man, the choice is his whether to endure or mold it. History has given a few men who have shaped the seasons that he is in. At the end of the day, man lives in his memories. He may once have been subjected to changing times, but he mastered and effected change. Sixto Serrano Brillantes, Jr. attests to his enduring legacy for the country.

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The Missing Part of Our Constitution

By Valentin M. Prieto III

GENESIS

Article V, Sections 1-4 of the said constitution.

In one case, Justice Edgardo Paras remarked that while there are human rights, there are also corresponding human obligations. The struggle between the State enforcing its obligations and Society demanding its rights have done much to strengthen democracy and the rule of law. Thus, in occasions where the State was more dominant, obligations were stressed at the expense of rights. Only the 1943 Constitution by the Japanese-sponsored government and the 1973 Constitution stressed the duties for its citizens. The State operating under these two charters have also denied rights to their subjects. The powers that be would want to have their cake and eat it too.

RIGHTS AND OBLIGATIONS

The 1973 Constitution departed from the 1935 Constitution by adding an article on the Duties and Obligations of the Citizen (Article V). Said Article provides that: “SECTION 1. It shall be the duty of the citizen to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just an orderly society.

SECTION 2. The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others.

SECTION 3. It shall be the duty of every citizen to engage in gainful work to assure himself and his family a life worthy of human dignity.

SECTION 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote.”

NON-INCLUSION IN THE 1987 PHILIPPINE CONSTITUTION A year after the EDSA Revolution overthrew Marcos, the Philippine Government under President Corazon Aquino, ratified the 1987 Constitution which remains in force today. The law of the land gives high priority on the Bill of Rights. During the deliberations of the 1986 Constitutional Committee, there was an absence of discussion to include a Bill of Obligations, which resembled the Duties of Citizens of the old 1973 Constitution that was to be replaced.

Committee Chairman Jose Laurel, Jr. believed that for every right there is a corresponding responsibility. In his opinion, however, these rights and responsibilities need not be declared in the projected constitution. Although the framers of the 1973 Constitution saw fit to enumerate the duties, the 1986 Constitutional Committee succeeded only in excluding many others no less than those enumerated in

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Constitutional Commissioner Rene Sarmiento stated that the Bill of Rights and the Obligations of the Citizen can work together in any constitution, as they have in many democratic and/or constitutional countries. The Bill of Rights, as opposed to the Obligations and Duties of the Citizen, are constitutional guarantees and protections of the citizens against the pervasive powers of the state (i.e. police power, eminent domain, taxation). It enumerates the various civil and political rights the citizens enjoy.

THE NEED FOR A BILL OF RESPONSIBILITIES After 30 years of democratic restoration, many believe that there must be a Bill of Responsibilities to be made as tandem to the Bill of Rights, as citizens often cherish only their rights, but failing to perform their duties to the state faithfully.

The duties of citizens are plenty. Among them are the paying of taxes to the government; defending the country in times of war; assisting fellow citizens that are affected by severe environmental calamities; registering to vote during election time; educating the youth and masses; preserving and promoting the national and ethnic cultures; and loving the country above all. Many democratic countries, such as Spain, Singapore, and the United States, have articles on citizens’ rights accompanied by provisions on the citizens’ duties and responsibilities.

Given the chance to amend or change the constitution, Commissioner Sarmiento believes it to be wise for Congress to press for the inclusion of a Bill of Responsibilities. He deems it important for lawmakers and citizens to know the limits of their rights and how to reconcile them with their duties to the state.

Will there be any benefit from a proposed Bill of Responsibilities? Political law professor Jose Abueva answers in the affirmative. He believes that Filipinos will be more politically geared to improve the country, having a greater sense of awareness of their rights and responsibilities. The people will also have greater consciousness of the kapwa, which entails patriotism, responsibility, and selflessness for fellow countrymen.

In the words of Apolinario Mabini, “procure thy country’s happiness before thine own, making her a kingdom of reason, justice and labor, for if she is happy, happy will also be thou and thy family.”

By Maris Gabornes & Lyzette Siazar Philippine elections has been viewed as a circus of popularity, personal tirades, and appeal to the emotions. But the wheels of change, though exceedingly slow, are turning. With technology, information has been accessible for the large segments of society. This provides opportunities for Filipinos to educate themselves on the platforms of the candidates and in the process, mature as an electorate. In the upcoming national elections, cast an informed vote by examining the profile of each candidate.

BINAY, JEJOMAR Political party: United Nationalist Alliance (UNA) Platform/tagline: Ginhawa ay dama ng lahat.

According to Binay, his basic policy of governance was anchored on competence, inclusiveness and compassion, thus referring to “competent and efficient management of the bureaucracy, utilization and development of available resources, and delivery of services to the citizenry”.

Binay’s top priority is a higher economic growth, which can be attained by investing more in infrastructure and by speeding up the actions taken. Emphasis will be given to the improvement of both the quality of basic education and public transport system. He also aims to generate more external resources by inviting foreign investors. In addition, more jobs will be generated in major employment sectors, and there will be a streamlined process in taxation.

Claim to fame: Binay is the longest-standing mayor in the history of the Makati City.

Controversy: Binay is currently facing corruption allegations, and graft and plunder charges.

Having the people of Makati as his loyal supporters, his family will have a strong and effective force in the upcoming elections. However, Binay needs to overcome all the corruption allegations being thrown against him.

DEFENSOR-SANTIAGO, MIRIAM Political party: People’s Reform Party Platform/tagline: Si Miriam Ang Sagot!

Defensor-Santiago commits to sustain and enhance an inclusive economic growth. Every hardworking Filipino shall share the fruits of development by ensuring that real income of workers increase over time. Likewise, she aims for the government work for the people through better public infrastructure, education for all, better health care, and improved social welfare.

Claim to fame: Defensor-Santiago is known for her academic excellence. She has been called “the iron lady”, among others, and initiated the national plunder investigation. In 2012, she revealed that each senator received an amount of P2 million as a Christmas gift, taken from the funds of the Senate, except her and two other senators. This led to the pork barrel scandal.

Controversy: Defensor-Santiago suffered from chronic fatigue syndrome for two years. She was diagnosed with stage 4 lung cancer in June 2014. This grave illness forced her to waive the privilege of being a judge in the International Criminal Court.

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DUTERTE, RODRIGO Political party: Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) Platform/tagline: Tapang at Malasakit. Atin ‘to pre!

Duterte promises to suppress crime, spread of drugs, and corruption within three to six months after his election into office. Death penalty will be brought back for heinous crimes.

He aims to spread economic growth throughout the country by studying the shift to a federal form of government, ensuring provincial development. Improvements will be made on the agriculture and fisheries sectors, as well as the transportation and infrastructure of the country. Contractualization will be phased out and no income tax will be imposed for workers earning P20,000 and below.

Claim to fame: Duterte is known for “cleaning up” Davao and for the notable safety and discipline in the city. His record for busting crimes in the largest city in the country is a factor which citizens find appealing.

Controversy: Duterte is referred to as “The Punisher” for having admitted his ties with a death squad. He is controversial for his alleged involvement in extrajudicial killings, to which he denies. Supporters of human rights are against this “practice” and thus, oppose his candidacy.

ROXAS, MANUEL II Political party: Liberal Party Platform/tagline: Ituloy ang Daang Matuwid.

Roxas aims to continue the Daang Matuwid governance, which the current administration started, by having a systematic approach to governance; strategies and plans based on accurate data and facts; and authentic, compassionate service to the Filipino people.

The Roxas-Robredo tandem aspires to create opportunities, jobs, and livelihood for Filipinos. It also aims to institute systems to address vulnerabilities from disease, crime, disasters, and the need for shelter. Moreover, it strives for an environment where parents can hope for, and guarantee a better future for their children.

Claim to fame: He is the grandson of Manuel Roxas, the first president of the Third Philippine Republic. Also known as “Mr. Palengke”, Roxas has the ability to lure venture capital to fund small and medium companies. He was the Secretary of Trade and Industry for former president Joseph Estrada and former president Gloria Macapagal-Arroyo.

Controversy: Roxas struggles with connecting with the masses and is viewed as one lacking charisma. He is also confronted by his failure to improve the conditions of the Metro Rail Transit (MRT) system when he was the transportation secretary, and his mishandling of relief efforts for typhoon Yolanda.

POE-LLAMANZARES, MARY GRACE Political party: Independent Platform/tagline: Gobyernong May Puso Like her late father, former Presidential candidate Fernando Poe, Jr., Grace Poe’s political platform is built on three essential areas: poverty alleviation, opportunities for all, and electoral reform. Poe aims to commit to sustained peace and genuine autonomy in Mindanao, to push for rule of law and diplomacy, to have a rules-based approach in the West Philippine Sea dispute, to ensure inclusive growth, to reform the tax system, to curb corruption, and to have an effective delivery of services.

Claim to fame: She is the adopted daughter of actor, “The King” Fernando Poe, Jr. and “Queen of Philippine Movies”, Susan Roces. In 2013, Poe won her first seat in the Senate, obtaining the highest number of votes among the Senatorial candidates. She ran as an independent affiliated with the Liberal Party of Aquino.

Controversy: Being a foundling, Poe faced several cases regarding her compliance with the constitutional requirements of residency and natural-born Filipino citizenship. As of writing, the Supreme Court ruled that Poe is a natural-born Filipino citizen, and is thus qualified to run for president in the May 2016 National Elections.

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HONASAN, GREGORIO Political Party: United Nationalist Alliance Platform/Tagline: As a soldier for 17 years, Honasan’s platform is centered on peace, order and national security. He aims to continue his previous works in agrarian reform, and to generate rural employment by means of labor-intensive infrastructure projects, such as irrigation facilities and farm-to-market roads. As an author of numerous environmental laws, he also wants to promote advocacies for the environment.

Claim to Fame: His key role in the 1986 EDSA People Power Revolution and leadership in the Reform the Armed Force Movement (RAM) that initiated two unsuccessful coup attempts against the Corazon Aquino administration made him publicly recognized.

Controversy: A military and rebel leader since the time of Marcos’ dictatorship, Honasan was suspected of being the brains behind the 2003 Oakwood Mutiny against former President Gloria Macapagal Arroyo.

In August 2015, the Department of Justice filed a complaint of malversation of public funds, direct bribery, and graft and corruption against Honasan, along with other government officials, before the Ombudsman for allegedly pocketing development funds. At the height of the issue, he supported the abolition of the Priority Development Assistance Fund and stressed that it should not be revived under a different name or process.

MARCOS, FERNDINAND “BONGBONG” JR. Political Party: Independent, Nacionalista Party Platform/Tagline: Progresibong Bukas: Hindi ikaw ang nakaraan. Tayo ang bukas!

Marcos’ platform includes areas he has previously handled in his years of public service. Improving education, agriculture, and tourism; strengthening cooperatives; finding a suitable energy source; supporting OFWs; and empowering local governments are among his programs.

Claim to Fame: He is the son of the late dictator Ferdinand Marcos Sr. As its Governor, Marcos transformed Ilocos Norte into a first-class province. The popular sustainable wind power technology of the province was materialized under his governance.

Controversy: The authenticity of his undergraduate degree from Oxford and MBA from Wharton were questioned in 2015, but he insisted on their accuracy. Moreover, the young Marcos recently received criticism, particularly from human rights advocates, for defending his father’s presidency, despite allegations of abuses and corruption during the martial rule. In an interview, he expressed that he has nothing to apologize for because thousands of roads were constructed; an efficient agricultural policy was established; a power generation was put into operation; and the highest literacy rate in Asia was obtained by the Philippines during his father’s presidency.

CAYETANO, ALAN PETER Political Party: Independent, Nacionalista Party1; PDP-Laban, Duterte’s party, has publicly adopted Cayetano as its vice presidential candidate Platform/Tagline: PTK (Presyo, Trabaho, Kita) Cayetano’s platform is directed to address high prices of commodities, lack of jobs, and low income in the country. He believes that the solution in eradicating poverty is through empowering the poor by making opportunities accessible to them.

Claim to Fame: Coming from a political family and being a son of the late Senator Renato “Compañero” Cayetano, he is known for his outspoken and critical stance on anti-corruption investigations. Some of the investigations he partook in are the NBN-ZTE deal, fertilizer fund scam, and the reported cash-giving scandal in Malacañang during former President Gloria Macapagal-Arroyo’s (PGMA) administration.

Controversy: In 2013, Cayetano was caught in a debate which turned personal with Senator Juan Ponce Enrile, in relation to the latter’s exclusion of Cayetano and three other senators in the distribution of Senate Maintenance and Other Operating Expenses (MOOE). In addition, COMELEC Chairman Sixto Brillantes Jr., in 2014, raised an unsupported claim that Cayetano attempted to influence the election protest against his wife by threatening to stall the poll body’s budget.

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ROBREDO, LENI Political Party: Liberal Party Platform/Tagline: Maraming Gawa, may isang salita!

Her platform includes citizen participation, people empowerment, and good, open, and honest governance. With her husband’s work in Naga as a model, Robredo aims to inspire Filipinos to be proactive in finding and implementing solutions to livelihood challenges.

Claim to Fame: She is the widow of the late DILG Secretary Jesse Robredo, who is known for his simplicity and track record of good governance. She served as a public attorney and handled cases involving the marginalized sector in Naga. After her husband’s death, she was elected as the Representative of the Third District of Camarines Sur in the 16th Congress.

Controversy: Robredo became involved in the citizenship controversy of presidential candidate Grace Poe. When asked about her opinion on the issue, she explained that, for her, Poe’s renunciation of her citizenship at one point of her life speaks of her loyalty to the Philippines.

In another issue, an official of Lakas-CMD alleged that Robredo and ABS-CBN were guilty of de facto electioneering when the TV station aired her biopic in the program, Maalaala Mo Kaya, three days prior to the start of the campaign period.

ESCUDERO, FRANCIS “CHIZ” Political Party: Independent Platform/Tagline: GP (Gobyernong may Puso or a Government with Heart) Escudero’s platform revolves on providing housing, health services, and education for the people. He believes that the people deserve assistance from the government in sustaining these basic needs.

Claim to Fame: His undeniable charisma and eloquence in the Filipino language earned him popularity, especially among the youth. By serving as spokesperson of Fernando Poe Jr. in his 2004 presidential race, Escudero gained nationwide visibility. The impeachment drive he led in the House of Representatives against former President Gloria Macapagal Arroyo also helped him earn national news airtime.

Controversy: In the early stage of his relationship with Heart Evangelista, the celebrity’s parents’ accused Escudero of being disrespectful, alcoholic, and manipulative. These were vehemently denied by the Senator. Their wedding in early 2015 also elicited propriety questions such as how the second poorest senator, with a declared net worth of a little over Php 8 million, was able to afford a luxurious Balesin wedding with a second reception in Parañaque.

Their choice of principal sponsors, which included top corporate personalities, was also considered by some as “crossing ethical line between public service and private interests.”

TRILLANES, ANTONIO “SONNY” IV Political Party: Independent, Nacionalista Party Platform/Tagline: Trillanes’ campaign promotes fight against corruption, restoration of peace and order, and alleviation of poverty. He also condemns social inequality, and advocates for people’s access to basic services and increased salaries for public school teachers.

Claim to Fame: He led the 2003 Oakwood Mutiny to protest the corruption in the Arroyo administration and in the Armed Forces of the Government. He was in detention when he ran for Senate in 2007, and became elected.

Controversy: By reason of the Oakwood Mutiny, Trillanes was charged of rebellion and was detained. President Benigno Aquino III granted him amnesty in December 2010, which allowed him to perform his functions as Senator.

Because of his role in the senate probe on corruption charges against Vice President Jejomar Binay, UNA members accused Trillanes of not declaring in his SALN eight luxury vehicles which were allegedly acquired when he was still in the military. Trillanes denied the allegation, explaining that this is an old issue raised during the GMA administration, and had already been dismissed by the Ombudsman. He argued that it was an attempt of Binay’s camp to misdirect the corruption cases against him.

References (Presidential Candidates): http://cnnphilippines.com/news/2016/02/12/presidential-candidates-platform-of-government-elections.html http://investvine.com/philippine-presidential-election-2016-get-to-know-the-contenders/ http://cnnphilippines.com/news/2016/02/12/presidential-candidates-platform-of-government-elections.html http://newsinfo.inquirer.net/727917/binay-poe-roxas-bare-poll-platforms#ixzz42t994yY9 https://en.wikipedia.org/wiki/Jejomar_Binay_presidential_campaign,_2016 http://miriam.com.ph/newsblog/plan-of-action/ http://www.dutertecayetano.com/about http://gracepoe.ph/ http://blog.marroxas.com/2016/02/09/ang-panata-sa-pamilyang-pilipino-the-roxas-robredo-platform-of-governance/

References (Vice-Presidential Candidates): http://alanpetercayetano.com/ www.rappler.com/newsbreak/iq/107438-fast-facts-alan-peter-cayetano http://www.rappler.com/newsbreak/iq/108845-trivia-things-about-chiz-escudero www.rappler.com/nation/politics/elections/2016/108938-gringo-honasan-leader-i-want www.rappler.com/newsbreak/iq/108916-fast-facts-things-to-know-gringo-honasan http://www.rappler.com/nation/politics/elections/2016/108203-bongbong-marcos-vice-president https://www.bongbongmarcos.com/ http://lenirobredo.com/ http://cnnphilippines.com/videos/2015/10/16/Leni-Robredo-reveals-her-platforms.html http://www.rappler.com/newsbreak/iq/107961-fast-facts-antonio-trillanes-iv

Volume 9 April 2016 | 29

By Mara Martinez

About 22 years ago, the Philippines got its first taste of the

internet age with a whimper. Back then, the internet was the preserve of the educated and the snobbish. Email messages between computer buffs in universities constituted the use of the internet. But much has happened in two decades. At present, President Barack Obama’s “Yes, We Can” internet campaign has taken the world with a bang. For a large part, it has won the United States its first African American president and was listed as TIME magazine’s 50 best viral videos of all time.

The success of the campaign in both advertising and political scenes illustrates how social media is shaping today’s elections.

In the Philippines, the internet permeated the election arena during the 2013 elections, as candidates started the creation of campaign websites and Facebook pages. Last February, the Commission on Elections (COMELEC) promulgated Resolution No. 10049, or the implementing rules and regulations of the Fair Election Act in relation to the 2016 national elections.

This contains provisions on the regulation of online campaigning. Such is the result of having half of the country’s population online, which can be gleaned from today’s 41 million Filipino Facebook users between 18 and 65 years old. At last, the internet has come of age in the Philippines.

Reluctant Election Candidates Despite its wide reach and affordable cost, not all candidates for the 2016 national elections are convinced to take their campaigns online. Political analyst Malou Tiquia opined that only a few candidates appreciate the advantage of going online for the reason that some do not understand how to measure its influence.

Carlo Ople, social media expert, said that candidates are hesitant to invest in online space because they may not be used to the platform. Thus, some candidates prefer traversing the traditional routes.

Contrary to the reluctance of some candidates presidential aspirant Senator Miriam Defensor-Santiago believes that “social media is the key to winning the 2016 elections. Traditional politicians can always pay for advertisements, or even pre-election surveys, but no amount of money can silence Filipinos on social media.”

Social Media Advantage

Is a social media campaign a worthy investment for election candidates?

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In an interview with ANC, COMELEC spokesperson James Jimenez said yes because a ‘splash’ on social media will make a story newsworthy to traditional. He further stated that “the people on the internet are the most politically aware. They use the internet for info and affect the people in their circle, even if these circles are offline. This has a huge effect in getting the message across. This will benefit the candidate if used properly.”

Not only is the internet being explored as a venue for candidates to campaign. For the 2016 elections, COMELEC utilized social media by partnering with Twitter for a series of presidential debates in order to better inform and involve Filipino citizens.

Pitfalls of Going Online Two days after announcing his plans to run for Senate, then Metropolitan Manila Development Authority (MMDA) Chairman Francis Tolentino was criticized for allegedly hiring female sexy dancers to perform at a congressman’s birthday party in Laguna in October 2015. A video of the performance became viral after social media users buzzed about it. What could have been otherwise ignored by traditional media outlets turned into hot news, which created negative political implications.

Aside from generating instantaneous reactions from patrons, using social media as a tool for campaign also has its limitations. “It doesn’t follow that ‘Likes or Retweets’ will translate into votes. You need to engage (voters), reply to their comments, and project an image with a sincerity that is consistent off- or online,” stated by Professor Danilo Arao of the University of the Philippines College of Mass Communication in an interview.

While the future looks bright for the internet, shadows are intermittently cast along its path. Majority of the Filipinos have yet to be connected to the information age. As for those who are wired, the social media will undoubtedly play a bigger role in the coming elections.

Sources: http://pana.com.ph/on-elections-the-internet-and-the-power-of-social-media/ http://www.mb.com.ph/miriam-laments-premature-election-campaigning-tops-social-media-poll/ https://www.techinasia.com/talk/social-media-changing-philippine-elections http://www.rappler.com/nation/politics/elections/2016/108417-tolentino-signs-resignation-letter http://halalan.up.edu.ph/news/220-social-media-used-responsibly-is-a-forcefor-good-imsocialxup-forum

FEATURES

T H E

S A U C E

O N

PR EM ATU R E CAMPAIGNING

By Ace Amulong

It is the time of the year when politicians ingrati-

ate themselves upon homes. In a hungry pursuit to win a post in this year’s election, candidates mightily went above and beyond their usual way to campaign by using all means available and utilizing all allowed periods possible.

It is as plain as salt that to be elected one must be known. Politicians have been moving heaven and earth to explore, exploit, and conquer this factor. There is nothing wrong for a candidate to desire and utilize ways to become household names. But should it be a source of concern when it is done too early? This is where the road splits.

Legally speaking, there is no such thing as “premature campaigning” when it comes to Philippine law. Premature campaigning was meant to be illegal in the Omnibus Election Code, but amendments of the law proved to be ineffective attempts. The whole concept was glaringly dismantled seven years ago by a Supreme Court decision. As ruled in the pivotal Peñera vs COMELEC, “any person who files his certificate of candidacy (COC) shall only be considered as a candidate at the start of the campaign period” and that “unlawful acts applicable to a candidate shall be in effect only upon start of the campaign period.” This ruling made the campaign playfield free-for-all, as no one is considered a candidate prior to the campaign period. If a person is not a candidate, he cannot be charged of election offenses. Hence, the current political campaign fiesta.

If every person is with liberty to be of public service, is it wrong for him to desire to be known early on? The freedom of expression is protected by the 1987 Constitution and premature campaigning is liberty dancing.

One should never be oppressed in effecting his personal freedom so long as others’ rights are not tramped upon.

This is where expression and self-interest collide.

With all the legal provisions available related to campaigning, nothing can be invoked when it comes to set-

ting parameters and guidelines as per materials and mediums utilized before the actual campaign period. It gets more questionable when the candidate is an incumbent public officer for how are citizens to even know if public funds are utilized for the former’s campaign. There is no legal way to compel candidates to submit accounts checking the source of the funds used for campaigns before the allowed period. In the case of a presidential candidate, the maximum allowable amount of expenditure should not go beyond P500 million during the campaign period, and expenditures before the actual campaign period are not included.

The legal deficiency is meant to be dealt with by Senate Bill No. 3305 or “CIRPO Act of 2012.” The bill intends for any person interested in running for public office to “file a “Certificate of Intention to Run for Public Office” or CIRPO not later than one hundred eighty (180) days immediately preceding the deadline for the filing of a certificate of candidacy.” It provides that failure to file said certificate “within the deadline for filing the same shall be ineligible to file a certificate of candidacy.” Prior the campaign period, it also intends to prohibit endorsement of any product or service, whether for a fee or not; appearance on any infomercial; acceptance of any employment in any media outfit as a news anchor, writer, or regular talent; and purchase of any print, radio, or television space to advertise himself/ herself or any product or service.

Unfortunately, the bill last saw the light of day three years ago and is pending in the Committee-level.

Election is democracy’s first-born. As its eldest child, it has been existing over centuries to keep the democratic legacy intact. However, liberty is not absolute. Lines between liberty and regulation all too often are blurred by laws crafted by vested interests. Public service is not a business enterprise. Accountability must be present in the expenditure of election resources. Early campaigning is agreeable so long as regulations and parameters are met. Too much is never good.

Volume 9 April 2016 | 31

ON PRESIDENCY AND HOPEFULS

By Lyzette Siazar

L

ast October 2015, the Commission on Elections (COMELEC) declared the opening of the period for the filing of certificates of candidacy (COCs) for those who dare to lead the nation. On the first day alone, twenty-two aspirants filed their COCs. For the 2016 national elections, a total of 130 aspirants vied for the Presidential post.

There are a number of possible reasons to choose for their motivations.

With reasons law students know all too well, a possible reason could be the privileges, which include contracting or guaranteeing foreign loans; negotiating foreign treaties; appointing heads of the executive departments, ambassadors, consuls and public ministers, and armed forces personnel from Colonel or Naval Captain; making appointments not otherwise provided for by law; suspending the writ of habeas corpus; declaring martial law; performing acts of clemency; and preparing the national budget.

Another possible reason is the powers exercised by the Chief Executive. The Administrative Code of 1987 provides for the powers of the President of the Philippines, to wit: Power of Control, Ordinance Power, Power over Aliens, Powers of Eminent Domain, Escheat, Land Reservation, and Recovery of Ill-Gotten Wealth, Power of Appointment and Issuance of Temporary Designations, General Supervision over Local Governments, and such other powers as are provided for in the Constitution.

Aside from these powers, the President is also immune from suit and criminal prosecution while he is in office. This immunity is personal to the President, may be invoked by him alone, and may also be waived as when he files suit.

Davao City Mayor Rodrigo Duterte declared that his main reason for running for presidency is his love for the country and the people. He sees the need for a national leader who can put an end to major problems such as corruption, crime, and drugs. “I believe that without getting rid of corruption, we cannot really survive and develop the nation,” said Duterte.

32 | Volume 9 April 2016

On the other hand, Senator Miriam Defensor Santiago said she decided to run to stop corruption in the government. In her proclamation speech Miriam asked: “My answer is: do you want a clean, courageous government? A government of, by, and for academic excellence? If that is the case, do you want me?” which was met by a raucous affirmation by her supporters.

Former Department of Interior and Local Government (DILG) Secretary Manuel Roxas II is aware that having been born with a silver spoon in his mouth, he is living a better life than majority of the country’s population. He wants the same quality of life for his fellow countrymen— far from sadness and fear, and free to dream.

Meanwhile, Senator Grace Poe ran to continue the good legacy of his father FPJ, a popular movie star.

She remarked in her proclamation speech: “I wanted to continue what my father FPJ had started.... Eleven years ago, in this very same hall, he declared that he wanted to help the poor, fight oppression, and forge a prosperous and just society.”

Lastly, Vice President Binay wants to restore a compassionate and responsive government upon the plight of the poor. He quips in his launch: “Nangangarap at umaasa tayo ng isang pamunuan na hindi magiging manhid, palpak, at kapos sa pagkalinga sa mahihirap nating kababayan.” He promised to deliver meaningful changes for the poorest Filipinos.

There are a million possible reasons why hopefuls aspire to become the nation’s Chief Executive. Some may be motivated by power and privileges, while others may be inspired by public service. Whatever their reason might be, may the next President be the change that this country needs.

SOURCES: http://www.rappler.com/nation/politics/elections/2016/110731-miriam-santiago-fighting-corruption-despite-health http://news.abs-cbn.com/nation/11/21/15/dont-cheapen-the-presidencyduterte-tells-poes-camp http://davaobreakingnews.com/tame-duterte-smooches-with-miriam/ http://www.rappler.com/nation/politics/elections/2016/121858-full-textjejomar-binay-proclamation-speech

FEATURES Senator Grace Poe’s Fight for Natural-Born Citizenship

By Maris Gabornes

Photos from Google Pictures

F

rom poll wars to personal attacks, the election season transforms the Philippines into an arena. Candidates are faced with individual fights they must overcome to emerge victorious. Some battles, however, have impact beyond the elections, just like the result of Senator Grace Poe-Llamanzares’s citizenship status as a foundling.

PROVOCATION As an infant, Poe was abandoned and found at the Jaro Cathedral in Iloilo. At the age of five, she was adopted by celebrities Fernando Poe Jr. (FPJ) and Susan Roces. She later on married Teodoro Llamanzares and resided in the United States that led to her naturalization as an American citizen in 2001. After the untimely demise of FPJ, Poe and her family moved back to the Philippines. Thereafter, Poe reacquired her Philippine citizenship pursuant to Republic Act No. 9225 and renounced her allegiance to the U.S. She topped the 2013 senatorial elections and, by the start of 2016, managed to top presidential polls.

A SERIES OF LEGAL BATTLES To guarantee absolute patriotism of national elective officials, the 1987 Philippine Constitution requires the President, among others, to be a natural-born citizen. This pertains to Filipino citizens from birth without performing any act to acquire or perfect their citizenship.

When Poe filed a Certificate of Candidacy (COC) for Presidency declaring that she is a natural-born Filipino, disparagers immediately assailed her qualifications, among which her citizenship as a foundling.

ROUND 1: SENATE ELECTORAL TRIBUNAL Rizalito David filed a disqualification case before the SET, whose 5-4 vote marked Poe’s first victory.

ROUND 2: COMELEC SECOND DIVISION AND FIRST DIVISION Four separate petitions were filed before the Commission on Elections (COMELEC) to cancel Poe’s COC for alleged misrepresentation of her citizenship. Essentially, the petitions asserted that, applying the jus sanguinis principle, foundlings cannot be regarded as natural-born Filipinos because of their indeterminable blood relationship.

Poe’s defense relied on the 1934 Constitutional Convention deliberations and on international agreements and customary international law which protect the right to a nationality. Conversely, it was argued that local legislations are necessary to execute international agreements.

References: The 1987 Constitution of the Republic of the Philippines Poe-Llamanzares vs. COMELEC. G.R. No. 221697, G.R. Nos. 221698-700. March 8, 2016.

Tecson vs. COMELEC. G.R. No. 161434, G.R. No. 161634, G. R. No. 161824. March 3, 2004 http://opinion.inquirer.net/93272/comparing-the-gut-issues#ixzz42VrkGYMK

In the end, the COMELEC Divisions’ resolutions brought crushing defeats to Poe. ROUND 3: COMELEC EN BANC Poe suffered a losing streak as the COMELEC En Banc affirmed both resolutions, with all Commissioners believing that Poe is not a natural-born citizen.

ROUND 4: SUPREME COURT After five rounds of oral arguments, the Supreme Court (SC) ruled that Poe is a qualified presidential candidate. On the issue of citizenship, the majority decision held that “foundlings are as a class, natural-born citizens.”

According to the SC, Poe’s abandonment in a Philippine Catholic Church and her possession of Filipino features established a disputable presumption that she has Filipino parents. Additionally, the deliberations of the 1934 Constitutional Convention showed that it intended foundlings to be Filipino citizens.

The pro-foundling principles of domestic laws on adoption were also used as support for the decision.

Following the doctrine of incorporation, the generally accepted principle of international law where foundlings are considered as offspring of citizens of the country where they are found, was applied in the case. In addition, the Philippines is obligated by the international agreements it ratified to grant nationality from birth to every person.

CONTROVERSIAL DECISION The decision upholding Poe’s natural-born status is not a knockout win. Associate Justice Antonio Carpio, one of the dissenters, revealed in his opinion that a 7-5-3 vote does not constitute a majority decision.

Filing Motions for Reconsideration before the SC and election protests before the Presidential Electoral Tribunal (PET) if Poe is elected President, are the remedies available against her.

In which case, her detractors did. A Motion for Reconsideration is currently pending before the Supreme Court over its decision to qualify Poe as a presidential candidate. This foundling’s fight is far from over. http://opinion.inquirer.net/85819/grace-poes-citizenship http://www.philstar.com/opinion/2015/09/25/1503606/citizenship-and-patriotism http://www.rappler.com/nation/politics/elections/2016/104731-grace-poe-citizenship-residency-timeline-arguments http://www.rappler.com/nation/politics/elections/2016/125509-sc-justice-carpio-dissentgrace-poe-citizenship

Volume 9 April 2016 | 33

CASE UPDATE

Bagumbayan-VNP Movement, Inc., and Richard J. Gordon vs. COMELEC G.R. No. 222731; March 8, 2016

By Mikee Escudero

FACTS:

F ormer Senator Gordon is a candidate for Senate

and is the Chairperson of Bagumbayan-VNP. He authored Republic Act (R.A.) No. 9369, which amended R.A. No. 8436, the Automated Election System Law. R.A. No. 8436 authorized the Commission on Elections (COMELEC) to use an automated election system. In 2010 and 2013, the COMELEC enforced a nationwide automated election system using the Precinct Count Optical Scan (PCOS) machines. For the 2016 Elections, the COMELEC has opted to use the Vote-Counting Machine, a “paper-based automated election system” capable of producing the Voter Verification Paper Audit Trail (VVPAT).

The VVPAT functions with a touch screen reflecting the votes in the vote-counting machine, and a printed receipt. The VVPAT consists of physical paper records of voter. Thus, the voter can verify if the choices on the paper record match those actually made in the ballot. Petitioners seek to compel the COMELEC to have the vote-counting machine issue receipts once a person has voted in order to ensure transparency and reduce alterations.

With a vote of 7-0, the COMELEC En Banc decided not to implement the VVPAT for the 2016 Elections.

COMELEC Chairperson Bautista gave the reasons for refusing to issue paper receipts, to wit: First, politicians can use the receipts in vote buying. Second, it may increase voting time to 5-7 hours in election precincts Bagumbayan-VNP sent COMELEC Chairperson Bautista a letter demanding the implementation of the VVPAT feature for the 2016 Elections. However, their demands “fell on deaf ears.”

Petitioners filed a Special Civil Action for Mandamus under Rule 65 of the Rules of Court, compelling the COMELEC to comply with R.A. No. 8436, specifically with the implementation of the VVPAT security feature found in Section 6.

34 | Volume 9 April 2016

ISSUE: Whether the COMELEC may be compelled to enable the VVPAT system capability feature for the 2016 Elections.

HELD: YES. The COMELEC is empowered to “enforce and administer all laws and regulations relative to the conduct of an election,” including R.A. No. 8436, which requires the automated election system to have the capacity to provide a voter-verified paper audit trail.

R.A. No. 8436 sets the minimum system capabilities of our automated election. A mechanism which allows the voter to verify his or her choice of candidates will ensure a free, orderly, honest, peaceful, credible, and informed election. The voter is not left to wonder if the machine correctly appreciated his or her ballot. The voter must know that his or her sovereign will, with respect to the national and local leadership, was properly recorded.

The minimum functional capabilities enumerated under Section 6 of R.A. No. 8436, as amended, are mandatory. These functions constitute the most basic safeguards to ensure the transparency, credibility, fairness and accuracy of the upcoming elections. The VVPAT requires the following: (a) individual voters can verify whether the machines have been able to count their votes; and (b) that the verification at minimum should be paper-based.

There is no reason why voters should be denied the opportunity to read the voter’s receipt after casting his or her ballot. Moreover, the credibility of the results of any election depends, to a large extent, on the confidence of each voter that his or her individual choices have actually been counted. It is in that local precinct after the voter casts his or her ballot that this confidence starts. It is there where it will be possible for the voter to believe that his or her participation as sovereign truly counts.

LAW UPDATE

SK Reform Act:

Empowering the Filipino Youth

By Sarj Mella

The enactment of the Local Government Code of the

Philippines in 1991 paved the way for youth representation and involvement through the creation of the Sangguniang Kabataan (SK). However, the SK gained notoriety in the political arena, for of corruption and a vehicle for the proliferation of political dynasties.

On January 15, 2016, Republic Act No. 10742, otherwise known as the “Sangguniang Kabataan Reform Act of 2015,” was approved and signed by President Benigno S. Aquino III. In the said act, notable changes in the SK body of local government units have been made.

Age Expansion The age qualification for those aspiring to become SK officials was expanded from the former 15 to 21 years old to 18 to 24 years old. Likewise, the age limit for any person to be included in the Katipunan ng Kabataan has been raised to 15 to 30 years of age. This means that voters of ages 22 years old up to 30 years old are now eligible to vote for the SK during barangay elections, subject to the registration requirements by the COMELEC. Composition of the Sangguniang Kabataan Formerly being composed of elected officials, the current composition of the SK is a mixture of elected and appointed officials. The chairman and seven (7) members shall be elected from and by the Katipunan ng Kabataan. However, the secretary and treasurer shall be appointed by the Chairperson. The term of such appointed officials shall be coterminous with the appointing authority.

The Act also provides that all SK officials, both elected and appointed, are considered as persons in authority under the Revised Penal Code.

Mandatory & Continuing Training Programs Any SK official, whether appointed or elected, or any member of the Local Youth Development Council must undergo the mandatory training programs before he or she can assume office. Furthermore, all SK officials shall, during their incumbency, attend continuing training programs to

mold them to become better citizens with the values of patriotism, nationalism, and honor as a Filipino.

Local Youth Development Council The Local Youth Development Council (LYDC) is composed of representatives of youth and youth-serving organizations in the provincial, city, and municipal level. The LYDC shall assist the planning and execution of projects and programs of the SK, and the Pederasyons in all levels.

Expansion of Benefits Aside from free matriculation fees in public tertiary schools, the benefits of SK have been expanded to include: (1) exemption from NSTP-CWTS; (2) excused from attending regular classes on several occasions; (3) Philippine Health Insurance Coverage; and (4) travelling reimbursements.

Fiscal Autonomy One of the major reforms in the SK is giving the body a sense of fiscal autonomy. Under Section 20 of the SK Reform Act, an allocation of 10% of the general fund of the barangay is to be utilized by the SK for youth development and empowerment purposes, which shall be allocated annually. Its fiscal autonomy is strengthened further under the law such that “the Sangguniang Kabataan shall have financial independence in its operations, disbursements and encashment of their fund, income and expenditures” Anti-Political Dynasty For the first time after 29 years, an outright provision prohibiting the proliferation of political dynasties in the Philippines was enacted. To be qualified as an SK official, one must “not be related within the second civil degree of consanguinity or affinity to any incumbent elected regional, provincial, city, municipality, or barangay official, in the locality where he or she seeks to be elected”. This aims to prevent the situation of creating a monopoly of power among political families most especially in our local government units.

Volume 9 April 2016 | 35

GAME CHANGERS: STUDENT ATHLETES BY: VALENTIN M. PRIETO III GREAN ANONUEVO PHOTOS BY MEG ARIOLA & MELISSA MANANSALA

All work and no play makes John a dull boy. While most saw this classic adage as license to pursue various outlets outside the four walls of Alabang, there are some who would take this by the letter. And they have a good excuse. Several studies reveal that engaging in sports activities could lead to improved fitness and lower risk of obesity. In addition to these, such activities are also found to increase a person’s duration and intensity of concentration.

The Red Chronicles sat with four of San Beda College Alabang – School of Law’s student-athletes as they talk about their passion for the thril of the game and the study of law. They prove to us that being an athlete should not be a hindrance to one’s studies, and that it is possible to be a jack of all trades and master them all.

THE DEDICATED COACH

With the motto “Ball is Life,” it is evident that Gerald Chavez lives the basketball creed. The series of inter-school league competitions in high school and collegiate basketball rivalries developed his special relationship with the sport. Its strategic nature not only lured him to play, but likewise enticed him in coaching the game. In fact, what he considers as his greatest achievement is having been invited by known Philippine basketball team coaches to train under their wings. Unfortunately, he had to decline due to the demands of the study of law.

Gerald claims that balancing his time starts with an organized time management. He explains that focus is significantly needed, coupled with inspiration coming from his family. The game of basketball taught him the prominence of discipline which he also applies in his studies.

As an amateur coach, he was dubbed as “Coach of the Year” from years 2011-2014 in the Quezon City Cup, and was awarded the 2010 BSP Cup Coach of the Year. Gerald is currently coaching the men and women’s basketball team of San Beda College Alabang - School of Law in the annual Conflicts of Law tournament for over 3 and 4 years, respectively.

THE PASSIONATE It all started 2008 when she was recruited by her org mates and basketball team mates back in college. Touch football was a fairly new activity at that time. Roge Dublin’s enthusiam for the sport stemmed from the participation of her friends in touch football matches, which became an opportunity for her to train and hang out with them afterwards.

36 | Volume 9 April 2016

THE INSPIRED T R I AT H L E T E Her love story with the sport began when she became tired of waiting for her beau in every traithlon event. And so Suyen Dimanlig decided to join him and give the sport a try to accompany her boyfriend in his races. What seemed as furtive glimpse with the sport has bloomed into a relationship. With proper training, diet, and discipline, she ranked 3rd in “Duathlon United 2015,” an event organized by UNILAB Philippines, held in Filinvest Alabang last November 2015.

In constantly pushing herself in triathlon, Suyen claims that endurance is very important as the sport is composed of several heart-thumping events. Similar to her life in law school, the goal is to finish the big race— the Bar Examinations.

When asked how she juggles law school and her love for triathlon, Suyen greatly emphasizes that time management is the key. She further adds that camaraderie will always be of great weight, both in triathlon and in her study of law. Though the results are individual, Suyen explains that one cannot finish the race alone.

Suyen is also currently training in Muay Thai with the Philippine team.

THE COMPETITIVE KICKER

This freshman is a passionate football player, and competitive when it comes to the demands of school. Michael Guidote, or Mikey as he is called by family and friends, first developed his taste for football when he would play FIFA video games with his friends back in PAREF Southridge School. He manifested deeper interest by playing football in the University of Santo Tomas’ inter-college intramurals for the College of Rehabilitation Sciences. After staying shortly in medical school, he played for Nomads Manila and met expatriates from various countries, who became his friends and co-players in no time.

Upon the start of his studies in San Beda College Alabang – School of Law, Mikey believes that it is essential to harmonize his time for football with his academic requirements. Currently, he plays for the school’s football team. He also formed Repstars FC with his friends, a football team competing in various sports events whenever the members can meet up. Mikey manages his study time by doing his homework at night and sleeping right after he is finished.

As a word of advice, Mikey tells the students to do the things they love in order to clear one’s mind and to make studies (and work) easier.

BALLER Aside from training with various clubs, including international schools and UP Diliman, Roge tries to compete in tournaments during weekends. Last May, she represented the Philippines in a flag football competition in Australia— a rare opportunity she cherishes. She explains touch football as a sport similar to rugby in many ways, apart from the ball used.

Roge is now focusing more on her studies as she believes that law school must be the top priority. Her weeks consist of Saturdays for flag football, Sundays for family, and the rest of the day study and work. When asked for a piece of advice for law students, she answers that it is wise to set your priorities and have time to do the things you want, without compromising your schedule.

Volume 9 April 2016 | 37

By Valentin M. Prieto III, Mikee Escudero, Ace Amulong, and Maris Gabornes

F

or too long have the old dominated the political arena. Because oftentimes, their education and experience have stunted the ideas and opinions of the younger people. Thus, what could be valuable contributions are mistaken as childish antics by others.

Social media and the passing of youth-oriented legislations became the light of young Filipinos as these transformed them to individuals who are more involved in social and political issues. Their awareness and participation have been heightened because of these avenues. Proving that the youth is the hope of the nation, four youth-empowered initiatives show that it is never too early to immerse oneself in the skullduggery of national elections.

Youth helping the young Cooperation is the key to progress. Thus, in order to be heard and recognized, one must work together with people sharing the same goals and aspirations as his. Both First Time Voters’ Network and YouthVotePhilippines adhere to the Bayanihan spirit.

First Time Voters’ Network. Founded fifteen years ago, First Time Voters’ Network is a network of organizations and individuals advocating meaningful participation of young citizens, and pushing for electoral and political reforms necessary for democratization and social inclusion of the youth. By involving them, the network aims to address the generation’s continuing apathy and alienation to political processes.

In line with their commitment in educating and empowering young Filipino voters, youth initiatives have been creating efforts in reaching out through nationwide campaigns. For this reason, First Time Voters’ Network is spearheading the First Time Voters’ Project.

First Time Voters’ Project is a continuing process of developing a new generation of electorate who intelligently exercise their right to suffrage. It maximizes youthful and critical tools in determining the fate of the country. The project aims educate the young generation while motivating their involvement and addressing the decline in their political and electoral participation. This is achieved through practical, youthful and action-oriented means of intervention and cooperation.

First Time Voters’ Network is currently involved in a partnership with the National Youth Commission geared towards enlisting as many first time voters as possible for the 2016 elections, and in a campaign to put an end to political dynasties in the country, with the theme “Time’s Up Political Dynasties, First-Time Voter’s Unite.”

YouthVotePhilippines. Also seeking to wrench out the youth’s indifference to political matters is YouthVotePhilippines, a network of progressive, reform-minded youth groups and organizations working toward voters’ education and empowerment. It is an alliance pushing for a 2016 issue-based elections, using the Sustainable Development Goals of the United Nations Development Program.

YouthVotePhilippines serves as a call-to-action for the youth to become engaged and involved in nation-building. It aims to develop online and on-the-ground programs and events to give young Filipinos a clear voice for their collective aspirations. It also aspires to give the youth, who comprise majority of the voting population, the tools to make an educated vote. As such, it strives to give credible and comprehensive information, and it does not dictate people whom to vote for.

YouthVotePhilippines, in partnership with other youth groups, is spearheading the Social Conversations Forum, a discussion on the Sustainable Development Goals for young professionals. This is the first of a series of conversations on different issues in the context of the 2016 elections. It seeks to develop a youth electoral agenda which reflects the voice of the sector.

Education and empowerment Since knowledge is power, an intelligent and well-informed citizen is a powerful and influential voter. Aktiboto and #PHVote are two initiatives which are focused on educating, and therefore empowering, the young voters.

Aktiboto. University of Santo Tomas (UST)’s student group for election participation, Aktiboto, was established to educate people about the 2016 Philippine national elections. It is a program dedicated to empowering a responsibly-educated electorate capable of choosing wisely its candidates.

Focused on educating the young electorate, Aktiboto is committed in increasing the competence of youth in selecting candidates, while advocating for clean elections and responsible voting. It has also dedicated itself to contribute to the information dissemination campaign of the COMELEC for the 2016 elections and beyond.

Aside from nationwide campaigns, youth initiatives have also been conducting seminars and discussions for young Filipino voters. For instance, last February, Aktiboto held the first round of its election forum series, entitled “The Filipino Youth Vision: The Presidential and Vice Presidential Forum Series for the New Philippines 2021.” This was attended by vice presidential aspirant Senator Alan Peter Cayetano. In addition, Aktiboto was in charge of the Election Hero Training Program, and other election-related fora to mold youth participants in the national elections not only from UST but also from other schools. This April, Aktiboto is hosting the Vice-Presidential Debate in UST. #PHVote. Some however, believe that educating the voters is not enough. It is essential for them to provide a platform for young voters to voice out their opinions on the candidates and the issues surrounding them. This is the aim of AISEC in creating #PHVote. #PHVote is an election campaign of AIESEC in the Philippines, and MovePH, Rappler’s citizen journalism arm. The program aims to affect a 100% voter’s turnout on the Election Day. In addition, AIESEC aspires to engage youth voters in discussions of relevant issues and, in the process, empower them to become globally competitive leaders.

AIESEC likewise hosted a Youth-to-Government Forum or Y2G in January. The event was a month-long series of forums held in 14 regions in the country with the theme, “Elections 2016: Count Me In.” Y2G provided an avenue for Filipino youth voters to be informed, critical, proactive, and solutions-oriented in their participation in the 2016 elections.

Also utilizing the social media platform, AIESEC engages those who missed out on Y2G by encouraging them to take the #PHVote Challenge at phvote.rappler.com. Anyone who has a Facebook or Twitter account can join the challenge. Launched prior to the filing of candidacies, the #PHVote Challenge was designed to take voters on a journey to the elections, from voters’ registration, issues-based conversations, candidate selection, voting, and election results monitoring. It is now in the candidate selection phase, where voters can promptly get to know, compare, and match the candidates’ profile and their stand on issues.

With all these initiatives and efforts, there is no more excuse for young Filipino voters to be unintelligible and apathetic towards issues surrounding the 2016 national elections. By collectively working towards a competitive selection of candidates and clean election, the youth of today can make a difference for the Philippines of tomorrow.

Volume 9 April 2016 | 39

By Jenica Edlyn S. Ti

A

forgotten 1961 classic, Gerry De Leon’s The Moises Padilla Story is a telling adaptation of the hazards of Philippine politics. The black and white film, albeit in need of restoration, is not bereft of evocative dialogue by writers Cesar Amigo and Leon Ty. The film was based on real-life events between a Negros Occidental Mayoral candidate, played

by Leopoldo Salcedo, and his running rival, Governor Lacson. While the reproduction of this film presents technical challenges, the saving grace of this dilapidated film to the modern viewers is De Leon’s simplistic and straightforward direction as expected of his craftsmanship.

In 2006, a partial restoration of the film in 35mm print showcased the remarkable tale of Moises Padilla, the psychological changes of his character and that of the people around him during post-war Negros, and the corruption that is radiating in the province. In retrospect, Moises aligned himself with the Nacionalista party who hopes for better governance notwithstanding the harassment and violence which Negros deals with.

A police chief with a marvelous personality, played by former President Joseph Estrada, was the political candidate’s friend-turned-killer.

De Leon used religion to highlight the martyrdom of Moises throughout the course of his candidacy until his death. The film does not also forget the agony of loved ones who have lost not only a savior of the nation, but also a son, husband, or a friend. It memorializes a mother’s cry for her child whom she discovers to be brutally abused when she visits him in detention. The viewer can be forgiven for confusing the sacred with the mundane. Nothing can be more compelling than seeing Padilla’s gouged face leaking with blood that contoured the rest of his face, while, unwavering until his demise, assures her mother that his death shall not be in vain.

But what is truly foreboding is how a film based on 1951 politics continues to be relevant to the current political conditions. It is as if the excessive violence, as portrayed, has never taught us of the vulnerabilities of every struggling candidate from the past until present. The film portrays a fallible man with an idealistic dream. Like the others, he loved and he cherished his mother. And akin to every tragedy, he was betrayed by his friend due to the sway of politics. Nothing can be more telling than seeing the police chief look silently while other policemen battered the Padilla.

Over the years, apathy and indifference have been the original sin of every citizen. How can they overcome silence when their very eyes have seen injustice and immorality? De Leon’s film did not only portray a politician as a Filipino, but also depicted the politician as a microcosm of every Filipino. There are those who are willing to fight for justice, those that would otherwise, and, the worse, those who sit silent and sleep on their duties and the rights of their fellow countrymen.

On a last note, this film is a magnum opus of Philippine political drama, being a Philippine entry for Best Foreign Language Film in the 34th Academy Awards. With the recent creation of our very own national film archive, The Moises Padilla Story, and other great films of the past, may finally be restored for public viewing.

40 | Volume 9 April 2016

Photo from Google Pictures

Real vs Reel: The Moises Padilla Story

vox populi Do you think that the qualifications for being a President or Vice-President under the Constitution should be amended? Why or why not?

“NO.Thequalificationsweremadetoensuredemocracy.Theyshouldbe upheldregardlessofstatus,popularity,oreducationalbackground.What isimportantisthewillingnessofthecandidatetoservethepeople.Thisis whyIthinkthatthequalificationsshouldremainthesame.Let’sleaveitto the electorate to decide.”

(Anonymous, 1st year) “NO. These are minimum qualifications but not necessarily the standard.The peopleselect the standard and the quality of the Leadership. And, as the saying goes, the people deserve the President they vote for. Let’s not blame the lack of credentials or absence thereof for crappy leadership. In the first place, who places these socalled “leaders” in office?”

(MartinMendoza,3rdyear)

“YES. There are several things that must be taken into consideration when running for President orVice-President. One couldbe the credibilityandmoralintegrityofthecandidate; anothercouldbehisorhereducationalattainment;andathirdcouldbethatthecandidate’s physicalhealth condition or status should be at leastdisclosed to thepublic.The reason beingfortheseconsiderationsispracticalityand theneedforassurancesothatintheeventsuch candidategetselected,heorshewillbeableto functionproperlyandbewell-equippedwiththe properknowledge.Lastly,thisistoavoidelecting officials for the sole reason of popularity.”

(AndreiD.Anchoriz,3rdyear)

Are you in favor of the Supreme Court’s decision allowing Grace Poe to run for president?

Why or why not?

(NOTE:

the opinions below were taken just when the SC decision came out and before the full text was released)

“NO.IthinkthattheprimarydutyoftheCourt istoupholdtheConstitution.Idonotfavor the decision for 2 reasons: First, because thecitizenshiprequirementundertheConstitutionisclear.Onlynaturalborncitizens mayrunforpresident.Andsecond,because of theresidency requirement. Assuming arguendo that she has complied with the citizenship requirement, she still lacks the requisite number of years of residence in thePhilippines.Thus,IbelievethattheCourt’s decisionisamerepoliticalaccommodation andcouldevenbeinterpretedasjudiciallegislation.”

(Andrei D. Anchoriz, 3rd year)

“NO.TheConstitutionexpresslyprovidesthat“naturalborncitizens”arethosewho arecitizensofthePhilippinesfrombirthwithouthavingtoperformanyacttoacquireorperfecttheir Philippine citizenship.Having renounced her Philippine citizenship to acquireAmerican citizenship and then deciding to revert back, entailspositive acts on her part,such as the twin requirements underRA 9225.

Therefore,sheisnowexcludedfromthedefinitionofanaturalborncitizenunder theConstitution.Citizenshipshouldnotbejustthrownaway.Thehighestpostofthe landmustbereservedonlytonaturalbornFilipinocitizenswhocareandlovethis country and who put much regard to his/her citizenship.”

(Grace Anastacio, 4th year) “NO. My professor in Constitutional Law 1 is correct in saying that“THE LAW IS WHAT THE SUPREME COURT SAYS IT IS”. God bless the Philippines.”

(MartinMendoza,3rdyear)

Volume 9 April 2016 | 41

, Y D O B Y H HEALT HEALTHY MIND.

BY GREAN ANOÑUEVO + SARJ MELLA PHOTOS BY MEG Ariola, AYLWYN VALENCIANO & SARJ MELLA

Mens sana in corpore sano - a

healthy mind in a healthy body.

In order to be academically excellent, it is important for law students to eat properly and exercise regularly. Unfortunately, striking a balance between preparing for Final exams, eating right, and achieving a fit body has proven to be a difficult feat.

This issue of The Red Chronicles brings you some of the health-promoting activities within the vicinity of the campus which can help students attain a balanced lifestyle while in law school.

LIFE, BURN, AND TONE Tired of the usual gym routines or cross-fit workouts? Then this might be the perfect time to try kettlebell lifting as an exercise.

Kettlebellista offers a unique method of burning unwanted fats.

Kettlebell lifting was popularized in Russia during the 18th century. It has been making quite a stir in the Philippines for the past half-decade due to its fat-burning guarantee.

Kettlebell lifting boasts an all-encompassing routine, which focuses not only on cardio and strength, but also on stamina and technique. The key is discipline. In Kettlebellista, newbies and kettlebell enthusiasts alike are given a set of exercises to be executed by them on their own, but with close supervision of their trainer focusing more on the form rather than the repetitions.

Owner and lead trainer Timothy Ayson likens kettlebell lifting to a two-way street where favorable results are to be achieved only when one actually gives more of himself to it. Kettlebellista caters to both the young and old, with their youngest frequent-goer aged at 12 years old, and their oldest at 68 years old.

New to this form of exercise? Beginners need not worry as they undergo a screening to pinpoint their weaknesses, which would be the threshold of the whole workout routine. Kettlebellista also hosts kettlebell sporting events and certifications, being a member of the International Kettlebell Sport & Fitness Academy.

Kettlebellista is located at Unit 4 Emmanuel Commercial Building #22 J. Elizalde St, BF Homes Parañaque.

EAT THE RIGHT FOOD Unable to find a food service catering to their personal nutritional-athletic needs in terms of quality, convenience, and good portion-ratio meals, owners of The Healthy House Company decided to put up their own. Healthy House’s mission is to heighten awareness on health and fitness through calorie-based meals served at your front door.

This is the right program for health-conscious individuals because the meal plans are designed to cater to any 42 | Volume 9 April 2016

individual in need of nutritional balancing, such as those who have diabetes and high cholesterol levels. Healthy House takes its program seriously as meals are carefully calculated and weighed through a matrix designed by its nutritional team. “We work with medical groups such as Life Sciences Philippines, CNS Philippines, St. Luke’s Medical Group, Dr. Joel Lopez Medical, Women’s Wellness Centre - Makati, as we provide their clients with their daily nutrition. In more simple words, our programmes are backed up by true science,” as founder and managing director Jose Mari Victor Silayan expounds.

Clients are able to choose their desired cuisines each day of the week, making the experience of dieting exciting and interesting for them. You will definitely enjoy the meals delivered from breakfast to dinner as they are served fresh, scrumptious, and guilt-free.

To order, simply visit their website, www.thehealthyhouse.ph. You may also give them a call to inquire with any of their nutritionists for free at +63917 311 4337. For payments, interested individuals may make bank deposits or online payments via Credit Card – Paypal.

relax, focus, and breathe Yoga Philippines began when its owner and founder, Joseph de Asis, started practicing yoga in the late 90’s as a form of exercise in different gyms. After college, he realized that his true calling was in the fitness industry. He then started believing that having a healthy body and mind is a way of life.

This urged him to create Yoga Philippines.

As explained by de Asis, yoga is the “cessation of the fluctuation of the mind”. Yoga Philippines offers students the experience to learn and enjoy yoga and other group exercises at their own pace, and to increase their level of proficiency at the same time. It is this high level of personal attention to individual students that defines the Yoga Philippines’ approach.

Different types of exercises are likewise offered, including Zumba, Pophits, Stretch & Sculpt, Pranayama (Breathing Exercise), Ashtanga Vinyasa Yoga, Gentle Yoga, Kundalini Yoga, Yoga Flow, Yin Yoga, Kid’s Yoga and Yoga Teacher Training Course. Yoga Philippines is also known for its TRX workout— a suspension training bodyweight exercise.

TRX has the capacity to develop strength, balance, flexibility, and core stability all at the same time.

At Yoga Philippines, everyone is welcome as the workout classes cater to all types of individuals. Whether you’re an athlete who wants to stretch out, a mom who wants to lose weight, a busy professional who wants to find inner peace, or a student who wants to de-stress, make sure to pay a visit at #38 Aguirre Street, BF Homes, Parañaque City. You can also reach them at 7388927 or 0917-500YOGA(9642). Business hours are from 7am to 9pm.

find your rhythm For a more different and rather daring exercise, why not try out aerial hoops? From gaining a “death-defying” production number reputation, the art of aerial hoops is now being introduced as a fitness alternative at Aphrodite Pole Dance Studio. Aerial hoops focuses more on upper body strength and flexibility. It includes a high intensity core conditioning. Because it is a form of art, being considered as a dance, the classes instil discipline and finesse to its students.

Lead instructor and owner April Bernal, recommends this form of exercise to people who are new to the art form.

She also adds that aerial hoops gives a certain level of confidence to everyone who tries it because one would be amazed at what the body could actually do. As her passion for dancing led to her “love at first spin” relationship with pole dancing, maybe aerial hoops might just give you that love at first (aerial) suspension!

A little shy to try it on your own? Aphrodite Pole Dance Studio offers private group classes which can accommodate you and your friends on a schedule that would perfectly fit a law student’s busy lifestyle.

Aphrodite Pole Dance Studio also offers pole dancing, jazz/ strip tease, and contortion class (flex & stretch).

Aerial silk will also be available by June 2016. The studio is located at Unit 409, 4/F 1101 Admiralty Building, Madrigal Business Park, Ayala Alabang, Muntinlupa. For inquiries you may contact Ms. April Bernal at 09954608262.

Volume 9 April 2016 | 43