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Cover design by Reena Theresa Marquez
THE RED CHRONICLES
The official student publication of San Beda College Alabang - School of Law
63A, St. Maur Building, San Beda College Alabang - School of Law 8 Don Manolo Blvd., Alabang Hills Village, Muntinlupa City, Philippines Ceasar Entila | Editor-in-Chief Kaiza Jay Abaincia | Associate Editor Maria Isabella Katrina Arevalo | Managing Editor Jenica E.S. Ti | Features Editor Kaitlin Keith Sierra | News Editor Meg Ariola | Literary Editor Reena Theresa Marquez | Layout Editor Paul Nikko Degollado | Photography Editor
Gabriel Lacson | Social Media Officer Alvin Patrick Relox | Circulations Manager Features Writers
News Writers
Literary Writers Layout Artist Photographers
Cartoonist Logistics
Niño Arevalo Karl Michael Carvajal Chezka Celis Nicole Conchu Kara Lim Juan Miguel Lopez Dick Martinez Leiron Martija Leandro Nadal Robert Jian Melchor Tina Miranda Jolykha Toa Sanchez Edrese Aguirre Eunice Jumalon Nikki Tuble
Lea Cerrudo Melissa Manansala Janna Santotome EJ Clemeña Hera Ydulzura
Joe Martin Cabaral Justin Heinrich Salazar
Maris Gabornes | Editor-in-Chief Emeritus, Copy Editor
Hayde Talorong | Editor-in-Chief Emeritus
Katrina Belarmino | Managing Editor Emeritus Pauline Ubaldo | News Editor Emeritus
Stephanie Gener| Senior Layout Artist Emeritus Atty. Rafael Angelo Padilla Faculty Adviser
The Red Chronicles accepts original articles from students and faculty members. We also solicit comments regarding the articles featured in our issues. You may contact us at trc@sanbeda-alabang.edu.ph
FOREWORD
cat in the box Schrodinger’s Cat is a thought experiment devised by Austrian physicist Erwin Schrodinger. It involves a cat in a sealed box along with a device that has a 50% chance of killing the cat. Is the cat alive or dead? Common sense would infer that the cat would be either. However, according to Schrodinger, when the box is closed, the cat is both alive and dead at the same time. Only when the box is opened that we could determine whether the cat is actually alive or dead. Quantum mechanics aside, a thought experiment may be used to test a hypothesis or consider consequences. In our case, our experiment involves the Philippines and change. Can change make the struggle of Filipinos more burdensome or could it lead to an improvement the Filipino deserves? Like Erwin Schrodinger’s interpretation, change or its effects can only be observed once it has been implemented. In this issue, we tackle the changes in our national policy. In Polychromatic Minds, we give an insight on the possible effects of the recently signed Philippine Mental Health Act and provide our fellow law students a venue to share their stories, and show how the institution manages such cases. In our cover story, Federalism in the Philippines: Curse or Cure, we discuss the shift from a unitary to a federal form of government, its effects on our socio-political and economic landscape, and whether it is the answer to the current problems our nation faces. Like Schrodinger’s Cat, we can be both dead and alive at the same time when faced with a break in the status quo. The box in Schrodinger’s experiment is change itself. Only when we manage to open the box that we would know how well we fared with change. ■
Ceasar Entila Editor-in-Chief
What’s Inside Is looking for
“...it is not the form of government but the strength of the composite institutions that will spell success.” 32
Beyond Promises: The Bangsamoro Organic Law
“The law is harsh, but that is the law. There has always been a fine line between what a person perceives to be morally correct and what the law perceives to be legal; this is the grey area where the legal profession threads.”
Writers Cartoonist Photographers Layout Artists
JOIN US!
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Polychromatic Minds
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Environmental Rehabilitation: It takes a village to raise a child
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Game Changers: More than a law student
Quo Warranto: Warranted or Wanton?
“The heart of said law as stated in its Declaration of Policy, is for the State to commit to the promotion of the well-being of the people through treatment, timely and affordable mental health care, and by ensuring that persons affected are able to exercise the full range of human rights.” 48
Editorial: On Self-Respect
Federalism in the Philippines: Curse or Cure?
“...the passage of the Bangsamoro Organic Law leaves many questions still open ended: will the law consider important amendments that could possibly include Sulu? Will the administration truly guarantee genuine autonomy in management, despite the demise of the federalist agenda in Congress? Only the passage of time can reveal as much.”
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How to get the most out of your money in law school
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NEWS
SOL celebrates new beginnings By KAITLIN KEITH SIERRA Photo by REENA THERESA MARQUEZ
Bedans offer prayers for 2018 bar candidates, freshmen, and transferees On October 5, the San Beda College Alabang – School of Law (SBCA-SOL) celebrated its annual traditions: the Robing Ceremony of new SOL students and the Send-off Mass for the candidates of the bar examinations. It commenced with the offering of the holy mass at the St. Benedict Chapel, officiated by Fr. Rembert Tumbali, OSB. Fr. Tumbali reminded everyone to “hear God’s voice saying, ‘transcend.’”during struggles.” SBCA Rector-President Dom Clement Ma. H. Roque also penned inspiring letters for the bar candidates and new students, read by Rev. Fr. Tarciso Ma. H. Narciso, OSB. The Rector-President said, “May God help you in taking the Bar and hopefully, to top the Bar. (To) my dear new Bedans, the robing ceremony is a tradition in the School of Law. It symbolized as your induction to the Bedan community. It is a welcome to become the best person as you can be. It is a mark of distinction as a Bedan.” Atty. Carlo Busmente, SOL prefect of student affairs, addressed the bar candidates saying, “This is the ultimate test. Ora et labora is the key, secret, and power to pass the Bar. You need to pray hard and convince God through consistent prayer that passing the Bar is the best thing for you,”.
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Atty. Julius Loren Santos, SOL alumnus, called upon the bar candidates to hold on to their reasons. He shared, “I failed, I failed, and I failed. I barely passed my subjects. But remember why you studied in the first place. If I can do it, you can do it! Embrace our motto ora et labora.” The freshmen were also
recognized as SOL Dean Atty. Ulpiano Sarmiento III called them with their ninong or ninang and welcomed them to the School of Law. Their academic robes were blessed by Fr. Tumbali. SOL Vice Dean Atty. Melanie Trinidad, explained the relevance of the academic regalia. “Before one can become a Bedan lawyer,
one must become a Bedan law student – and every law student undergoes the robing ceremony.” Dean Sarmiento further reminded, “It [the robe] is a reminder of the true purpose for us to be here. The robe does not only signify allegiance to the academic institution but look at it as the robe of Jesus.” SOL names top students SOL recognizes deserving students who made it to the Dean’s List for exemplary academic performance. The following are the awardees for the previous academic
year 2017-2018: For first year students: Maree Fergeline Villanueva (Gold Medalist, 86.625%); Blas Joshua Cordova (Silver Medalist, 84.875%); Joanna Marie Barrozo (90.125%); Vincit Immanuel Tagoc (88.175%); Katherine Ann Lim (86.700%); Mary Jasmin Zennaia Balasolla (86.550%); Maria Claribel Lapina (86.225%); Franchezka Mae Celis (85.400%); William Jay Terencio (85.400%); Angelie Sarah Joson (84.900%). For second year: Bettina Barrion (88.140%); Venich Jammin Ramzel (87.763%); William Kyle
Santos (86.233%); Tonee Rose Palomeno (85.381%); Richard de Leon (85.163%); and Maria Carmela Sotelo (84.721%). For third year: Jerekko Cadorna (85.214%). Solidarity Night The occasion concluded with a dinner shared by the students, faculty members, and bar candidates of the SOL at the Fr. Roberto de Jesus Auditorium at St. Maur Hall. Performances graced the night to celebrate the unity of the SOL community. ■
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SBCA now offers shuttle service By KAITLIN KEITH SIERRA
Mr. and Ms. SOL supports 2018 Bar Candidates By ALVIN PATRICK RELOX Photo by JANNA SANTOTOME
The Centralized Bar Operations (CBO) spearheaded the Mr. and Ms. SOL at the Fr. Roberto de Jesus Auditorium at St. Maur Hall last September 29 to gather funds to support the bar candidates of San Beda College Alabang – School of Law (SBCA-SOL). According to CBO Vice Chairperson for Academics Jerekko Cardorna, “There will be 269 bar candidates this year which is definitely more than last year’s 207 [takers]. That is why we commenced this pageant with hopes to accommodate what possibly is the largest number of bar candidates in SBCA-SOL history.” Six pairs of SBCA-SOL students vied in the pageant namely Jean Paar, Althea Suerte, Leymar Magalang, and Joshua Abadejos for freshmen; Celestine Gerenillo, Cherry Indonto, Francis Tai, and Justin Yanez for sophomores; and Rai Carmela Sotelo, Regine Ocava, Jan Vernon Hernan, and Edward Paul Mendoza for the 8 | The Red Chronicles
juniors. In explaining the mechanics of the pageant, CBO Vice Chairperson for Secretariat Odette Marie Jumaoas explained that winners were determined based on the criteria: (40%) cash votes obtained and (60%) candidate’s overall performance during the event. The candidates were judged by SBCA SOL faculty members, namely: Dr. Vanika Viado, Ms. Imelda Pechera, Atty. Christina Fernandez, Judge Wilhelmina Wagan, and Atty. John Jacome. “The pageant is fun and exhilarating. I can say that this event is successful judging from the number of attendees so, I would like to express my sincerest gratitude to the organizers and participants. I hope that their efforts can help the barristers this coming Bar month,” Atty. Jacome commented. At the conclusion of the occasion, Rai Carmela
Sotelo and Jan Vernon Hernan emerged victorious with an overwhelming P45, 373 cash votes and 48% overall pageant performance and P26,134 cash votes and 43% overall pageant performance, respectively. The new Mr. and Ms. SOL expressed their gratitude to the Bedan community, “We wish all our barristers good luck this coming bar month. We dedicate this victory to all of you!” The pageant raised a total of P185,179 from combined cash votes of 155,179 and contributions of event sponsors. CBO Overall Chairperson Catriona Janelle Gayatin expressed her gratitude to the entire SBCA-SOL community and reflected that “having a committed heart is the core strength of our student officers and because of that, success will always be possible.” ■
New parking rules inside the San Beda College Alabang (SBCA) are implemented due to the overcrowding of parked vehicles inside the campus and traffic bottleneck. Starting July 31, free shuttle services to and fro SBCA were provided which runs every 30 minutes from 6 a.m. to 12 noon when coming from the main gate of Alabang Hills Village; and resumes from 3 p.m. to 9 p.m. when coming from the school main gate. Three shuttle vehicles roam the SBCA campus: the school minibus, a Mitsubishi L-300, and a Toyota Hiace Grandia. Art Solomon, the General Services Office department head, explained that this is to address the problem of the traffic congestion inside the campus. He said that the department hopes that the students will make use of the shuttle services to help the traffic situation in the campus and for the program to be beneficial to them. Currently, the SBCA grounds has around 500 parking slots. The available areas will be utilized to accommodate firstly persons with disability, faculty members, and school employees. The remaining slots were offered to the members of the student body as regular parking permits, charged at 750 pesos per semester while the passing-through or drop-off and pick-up sticker is charged at 300 pesos per semester. Additionally, Solomon shared that the department is looking into the possibility of adding electronic or e-vehicles to the shuttle services to further address the traffic issues in SBCA. On September 24, the new car sticker policy was finally implemented after several adjustments. The School of Law Government (SLG) organized a meeting to discuss the parking issues and concerns. It was attended by Fr. Rembert Tumbali, finance director of SBCA, Atty. Carlo Busmente, prefect of student affairs, Mr. Art Solomon, Valerie Mae Tio and Ram Dominique Billedo, representatives of the SLG, and representatives from the student councils of the College of Arts and Sciences (CAS) and Senior High School Department, and The Bedan Herald. Proposals were given including the provision of shuttle services. SLG President Laira A. Manankil encouraged the student body to communicate their concerns and suggestions regarding the issue to the SLG. ■
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SOL admits 173 freshmen By ALVIN PATRICK RELOX
187 students vote in SLG elections By JOLYKHA TOA L. SANCHEZ Photo by JANNA SANTOTOME
The School of Law cast 187 votes against 1,129 enrolled students, in the elections for the School of Law Government (SLG) held at the E-Library of the School of Law last September 6. The Election Commission (ELECOM) conducted the elections through an automated voting system. Only one party, the Lakas Alyansa, vied for this election and there was no candidate for auditor. The voters had two choices: to vote for the lone candidate for each position or to abstain. On the low turnout of votes, the ELECOM Chairperson Pamela Angeline O. Sevilla explained that, “We don’t require students to vote, kasi it’s just a right not an obligation for the student to vote. Nonetheless, through our social media posts and during the room to room campaign, we encouraged the students to exercise their right to vote since it is also for their own benefit.” Furthermore, ELECOM expressed that the primary challenge they encountered is the student apathy. “It is very difficult for us to ask for a short time from them considering that every second counts for a
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law school student.” With regard to the matter of having no opposition of candidates for three consecutive years, Sevilla stressed that they gave enough period of time for the interested parties to file their Certificates of Candidacy. She also noted that the appointment in the SLG positions should be available only if there is a total absence of interested candidates. Internal Vice President Valerie Mae O. Tio shared, “Hats off to ELECOM kasi given the time, lahat nagmamadali na kasi it’s almost midterms but as a whole, as a party, we could’ve done better. We could’ve prepared more platforms or ideas and such, but of course that’s not going to bar us from doing more this school year.” Tio’s platforms included the continuation of Lex Celebrationis with addition of new sports, Gabi ng Parangal, and the grievance committee. Frederick M. Abella, Jr., SOL student, also commended the ELECOM for the successful conduct of the elections. “The election ran smoothly. Although there are some technical problems and low turnout of
votes, they did well in managing the elections.” The elected SLG officers for academic year 20182019 garnered the following votes: Laira A. Manankil (President) – 163; Megan Mary F. Mateo (External Vice President) – 158; Valerie Mae O. Tio (Internal Vice President) – 176; Rachel Katriel Ann C. Arciaga (Treasurer) – 157; Ezekiel Japeth C. Esguerra (Secretary) – 155; Albert Vincent B. Montesa (4th Year Batch Representative) – 54; Timothy Q. Pilar (3rd Year Batch Representative) – 53; Maree Fergeline A. Villanueva (2nd Year Batch Representative) – 35; and, Sean Thomas P. Loquinario (1st Year Batch Representative) - 17 Prior to the elections, the candidates campaigned from August 29 to September 4, which concluded in the miting de avance on September 5 at the Fr. Roberto de Jesus Auditorium at St. Maur Hall. ■
The 2018 Freshmen Orientation of San Beda College Alabang – School of Law (SBCA-SOL) themed Kaleidoscope kicked off last July 21 at the Fr. Roberto de Jesus Auditorium, St. Maur Hall. The occasion welcomed the 173 freshmen, which composed six class sections for the academic year 2018-2019. The event was spearheaded by the then School of Law Government (SLG) along with all the existing student organizations in SBCA-SOL. “Each organization was assigned a corresponding color that matched their designated freshmen sections to uphold this year’s theme,” SLG Second Year Batch Representative and project head Valerie Tio said. Most of the annual highlights during freshmen orientation were still practiced including the classroom simulation where in fourth year law students acted as law professors and let the freshmen experienced the Socratic method of learning. According to Catriona Janelle Gayatin, CBO Chairperson and one of the fake professors, “the freshmen seemed nervous but ready to face the ordeal of law school at the same time.” This year, the organizers included a campus tour that featured the new facilities in SBCA, particularly highlighting the Our Lady of Montserrat building, which houses the Law Library extension. The event was attended by 76 freshmen. Sean Thomas Loquinario, a freshman attendee, reflected “the freshman orientation was indeed a great start for us since we are all engaging ourselves to a new phase in our lives and also exposing ourselves to a new environment.” ■
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SBCA welcomes New Finance Director By KAITLIN KEITH SIERRA Photo by PAUL NIKKO DEGOLLADO
The San Beda College Alabang (SBCA) community welcomed its new finance director, Fr. Rembert Tumbali, OSB, summer this year. Prior to serving the Alabang community, he held the same position in San Beda University (SBU), Manila where he also taught Seminar 1, a required course in the SBU-College of Law. According to Fr. Rembert, it was the first time that he was assigned in SBCA and so far, the work
seems to be going smoothly. As the new finance chief, he intends to be very accommodating and open to the needs of the school community. Upon assuming office, general objectives concerning finance were introduced, guided by the mnemonics F.E.S.T. for Fast, Efficient, and Service-oriented Transaction. He added, “To do that, we have to open our office for communication and coordination of concerns for solution.”
Aside from his duties in the finance department, the Benedictine priest currently teaches Seminar 1 in the School of Law. As a teacher, he claims that it takes time to build a relationship with the students because the different personalities of each student must be respected. Nevertheless, he is very happy of the warm welcome from the Bedans of Alabang. Known as a consistent and very supportive prayer warrior for Bedan bar candidates all throughout these
years, Fr. Rembert imparts these pieces of advice: For those who will be taking the bar examinations, “it is important that they really desire it. Not just hope but a desire. It is the perfect time to be greedy. “Praying should be part of a daily routine and do not forget the spiritual nourishment. As a practical advice, let go of the stress because when you empty your heart, you open yourself for more graces.” ■
ALSP elects two bedans
Maria College, Davao City. Ma. Glory Ann Balingao and Laira Austria Manankil, both fourth year law students, were elected as Secretary for the National Capital Region (NCR) and Vice President for International Affairs, respectively. All bona fide law students of ALSP member schools were eligible to run for the leadership positions. After submitting the required certificates of candidacy, an election was held to determine the next batch of ALSP officers. “Being elected excites me more than it pressures me. There is nothing more precious than gaining
knowledge through interaction with law students — knowledge of their legal education, their legal system, as well as their culture,” Manankil said in an interview. The ALSP is the biggest national network of law students, having 70 member law schools including San Beda College Alabang – School of Law (SBCA-SOL), San Beda University, University of Santo Tomas, and University of the Philippines, among others. Founded on November 2, 1989, the organization’s main goal is to promoting unity and camaraderie among all law students in the
Philippines and contribute to the improvement of the legal profession in the nation through activities such as legal aid programs, fun run or non-competitive races, lecture series in different barangays, law school caravans, and debates, among others. “This year, we will conduct another ALSP Legal Camp and will start accepting applications from September 25, 2018 to October 8, 2018. Also, we are inviting our fellow SBCA-SOL students to join ALSP NCR. This organization exists for our benefit; so, we will welcome anyone who wants to participate,” Balingao said. ■
By ALVIN PATRICK RELOX
The SBCA-SOL community beams with pride as two of its students were elected during the 29th National Convention of the Association of Law Students in the Philippines (ALSP) on July 8 at Jose
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Bedan represents PH in ALSA By JOLYKHA TOA SANCHEZ
San Beda College Alabang – School of Law student Laira Manankil represents the Philippines in the Asian Law Students’ Association (ALSA) following her election as the vice president for international affairs of the Association of Law Students of the Philippines (ALSP). She is the official representative of the Philippine national chapter in international affairs. Manankil explains, “ALSA is beneficial in the sense that it will expand the network of its members. Other opportunities include international events, internships, conferences, and seminars which are relevant to all Asian law students and law practitioners.” ALSA is an international consortium of law students and alumni in 16 countries all over Asia, including the Philippines. Its goals are to understand the diversity among Asian law students, develop a creative spirit through its network of joint activities, and enhance the capabilities of the students in becoming internationally minded, socially responsible, academically committed, and legally skilled. The organization was established in 2002 and has membership of around 12,000 law students and alumni as stated in its official website, alsainternational. org. Hayde Talorong, fourth year law student and an ALSA member since 2013, commends the impact of ALSA to the Philippines. “ALSA serves as a platform for Philippine law students to touch base with other law students across Asia, which augurs well for our country’s bid to have a strong international presence in the legal field. They provide unmatched internship and network opportunities for those who do not want to be limited with the opportunities here.” Talorong cites that one of ALSA’s recently concluded event is a moot court competition in Yangon, Myanmar. She adds that ALSA is currently inviting delegates to participate in a five-day study trip hosted by Thammasat University on Human Rights and Development this November. ALSA has several major events lined up for the current academic year which include The Pro Bono Conference in Hong Kong in October 2018; the ASEAN Legal Camp in Taiwan in January 2019; the ALSA Conference in Bangkok in 2019; and the ALSA Forum in Cebu in August 2019. ■
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Experts weigh in mining controversy: debunking myth
By TINA MIRANDA Photo by MELISSA MANANSALA
The Environmental Law Society commenced its two-part symposium series last October 1, on the controversy facing mining industries in the Philippines. The symposium entitled, Mining: Debunking the Myth, Sharing the Truth, opened a hopeful remark about mining, which is presently being criticized by environmentalists and other advocates. The resource speakers were Atty. Virgilio Farcon Jr., a certified public accountant and a mining law expert, and Engr. Larry Heradez, chief of the mining tenement management division of the Department of Environment and Natural Resources. Farcon explained how the mining industry helped in the increase of the Gross Development Product (GDP) to 70% in MIMAROPA and Caraga Regions.
The areas in MIMAROPA and Caraga are the major locations of concentration of mining in the Philippines. Mining is also the major source of livelihood of the townsfolk in the said regions. According to Farcon, mining includes socialeconomic development. The mining industries are responsible for the rehabilitation of lands they used for collecting minerals. In relation to this, there were 70 million trees planted by the Chamber of Mines of the Philippines. Likewise, Farcon likewise shared the improvements brought by mining including the construction of baywalks, parks, and other communal spaces utilized by families and communities in mining areas. In addition, Heradez reiterated that authorized mining companies have a social requirement to
maintain the greenery of mining locations as per Republic Act No. 7942, a law that provides for a new system of mineral resources exploration, development, utilization, and conservation. The speakers noted that aside from the rehabilitation of lands, mining companies give back to communities by providing them enterprises, such as local product weaving, distribution of fishing boats, and livestock production. These companies offer educational support programs, as well as assistance to infrastructure development of reservoirs, foot walk, recreational facilities, renovation and construction of churches, and housing projects. Both the speakers were positive that mining, coupled with rehabilitation and livelihood initiatives, could contribute development to the nation. ■
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SOL goes global in Org Week By JOLYKHA TOA SANCHEZ
SOL HOLDS 2018 BASKETBALL LEAGUE By TINA MIRANDA Photo by MELISSA MANANSALA
It is a time out for the School of Law (SOL) students, alumni, and faculty members as this year’s basketball league commenced last September 1 at the grounds of San Beda College, Alabang. Different teams from the SOL community participated in a vigorous and exciting first week of games composing of eight teams, namely, the Faculty, Alumni, Team Lakay, Pokmaru, PB&J, Dream Team, #ALDAV, and Butterflies. Here are the game results for the first two week: 1st Week: 1st Game: Faculty - 56 Alumni - 54 2nd Game: Team Lakay - 53
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Pokmaru - 52 3rd Game: PB&J - 53 Dream Team - 44 4th Game: #ALDAV - 49 Butterflies - 33 2nd Week: 1st Game: Faculty - 58 Butterflies - 44 2nd Game: PB&J - 52 Pokmaru - 34 3rd Game: Team Lakay - 40
Dream Team - 37 4th Game: #ALDAV - 78 Alumni – 53 SOL professors and administrators who joined the league included Dean Ulpiano “Ulan” Sarmiento, Atty. Marciano Delson, Prefect Carlo Busmente, Atty. Efren Dizon, Atty. Jonas Cabochan, Atty. Adonis Gabriel, Atty. John Jacome, Fr. Rembert Tumbali, and Atty. Roben “Jun” Cadugo, Jr. On creating the basketball league, Fr. Rembert Tumbali remarked that the basketball league was organized to serve as a de-stressing outlet for the SOL community. He added that he league also exemplifies “one community for all.” ■
As the new academic year 2018-2019 set in for San Beda College Alabang – School of Law, the School of Law Government (SLG) arranged the Organization Recruitment Week with the theme In Transitu last July 25-31. Valerie Mae Tio, project head and second year batch representative for academic year 2017-2018, explained that “the actual idea [of the theme] was for the SOL student body to come together by joining [the organizations so that they will be able to] represent the diversity, uniqueness, and the in transitu symbolism of a traveller - like that of the challenges of a law student.” The accredited academic organizations of SOL were tasked to design their corresponding booths and each choose a country which shall be their motif. Most of the organizations of SOL participated in the said occasion, including the Centralized Bar Operations which featured France through a ferris wheel design and a candy buffet; the Environmental Law Society which showcased Hawaii through their floral designs; the SLG VOLCORPS which portrayed Japan with a red and black color motif; the Election Commission which chose South Korea and served some of its cuisine to interested students; the Law Student Ministry which represented Philippines and used the national flag as the centerpiece. Meanwhile, there were also organizations that designed the booths by highlighting their organization itself. The International Law Debate Society, the Law School Association of Working Students, and The Red Chronicles focused on promoting their respective organizations by putting up banners with their logos, achievements, and sample works. Frederick Abella, Jr., president of the Legal Aid Center (LAC), commented that “each organization portrayed the uniqueness of their chosen country. From the colorful decorations to the amazing food that caught the attention of the students, it indeed created an “in transitu” vibe in the corridors of San Beda.” The LAC did not participate in the recruitment week because its screening process is done at the end of the school year and it exclusively recruits incoming fourth year students. ■
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In the Spotlight:
SOL Academic Organizations By ROBERT JIAN MELCHOR and TINA MIRANDA
The Legal Aid Center in Public Service The San Beda College Alabang Legal Aid Center (LAC) is established to help individuals who seek legal advice and representation particularly for those who reside in the southern part of Metro Manila. As the only legal aid center in the South, it is driven to accommodate every person in need of legal assistance. One of its activities this year will include an outreach activity wherein a free legal consultation program will be conducted for the residents in one of the barangays in Las Pinas City. According to LAC External Vice President Chelo Vianca Malapitan, the organization is motivated to make the LAC accessible and effective in the years to come. “I want to formulate a strategic plan in order to make our activities possible for execution,” she shared. The legal interns of LAC are also in the works of conducting more projects outside campus, such as regular visits in the New Bilibid Prison and outreach programs with free legal consultation services. For these champions of public service, sharing knowledge about the law is one way to serve justice to those who are beyond reach and the unrepresented. ELS Boosts its Ecological Projects The Environmental Law Society (ELS) is one of the organizations in San Beda College Alabang – School of Law (SBCA-SOL) where students 18 | The Red Chronicles
may join and participate to further their knowledge about ecological use and consumption of recyclable materials. It is open to individuals who are passionate in raising social awareness on matters concerning the environment. Last summer, the ELS contributed to the holding of an environmental pageant organized by the Boy Scouts of the Philippines and the Las Pinas City Government. Its active participation, likewise, includes a consultation with the Department of Natural Resources (DENR) and the Society of Philippine Wetlands. Members of the organization, with the help of these agencies and social media, began taking steps in minimizing the consumption of plastic by using different straw alternatives. At present, the organization focuses on information dissemination through conducting symposiums. It plans to invite environmental advocates and personalities like Senator Risa Hontiveros and former DENR Secretary Gina Lopez. Part of their plan is to put up separate bottle trash cans and pushing through with the Clean As You Go (CLAYGO) advocacy. ELS President Micah Alvin Gimelo shares, “we hope to be the beacon of enlightenment, at least in San Beda, when it comes to policies on how we can conserve our environment.”
ILDS Prepares for Upcoming Competitions The International Law Debate Society (ILDS) is the principal law debate organization of SBCA-SOL. The ILDS and its members represent the school in various debate and moot court competitions. Recently, the organization received praises from the Bedan community due to its successful participation in several competitions, which included, among others, the televised ANC Square Off: The Firm Debates on the ABS-CBN News Channel. According to ILDS President Isabella Bobadilla, one of the significant achievements of the team came last year when reached the quarter finals at the ANC Square Off. In fact, one of their members, Tamsin Vizzenta Prado, was awarded with the Best Speaker role. Bobadilla added that this turn of events has brought immense pride to her and the organization as a whole. For this year, the ILDS again set their sights on competing against other debate organizations. “We are once again set to compete and bring pride to our school in this season’s ANC Square Off: The Firm Debates. We are also participating in the Cebu International Environmental Law Moot Competition as well as to other local law school debate tournaments including the annual Conflicts of Law Debate Cup,” Bobadilla further stated. CBO Prepares for Bar 2018 The San Beda College Alabang – School of Law Centralized Bar Operations (CBO) is the principal organization in charge of the various bar examinationsrelated activities of the School of Law. According to the CBO Overall Chairperson, Catriona Janelle Gayatin, the goal of the organization is to give their relentless support and assistance to the bar candidates. As for upcoming events and projects, Gayatin says that in line with the organization’s tradition of supporting and assisting the Bedan bar candidates
in their studies, fundraising programs involving the School of Law community are created, like the Mr. and Ms. SOL pageant and block film screenings wherein the proceeds will be directly applied according to with the needs of the bar candidates. Gayatin added that the CBO would like to encourage the SOL student body to be active members of the organization. “We want them to join us, not only because of the services we render to our beloved candidates, but also for them to have a glimpse of the life of service and experience what it is like during the crazy yet exciting month of November, the bar month.” SOL’s Association of Working Students The Law School Association of Working Students (LAWS) aims to aid the working students of the SOL in striving for academic excellence as fortified by Benedictine virtues. It aims to promote holistic formation by organizing activities that cultivate competence and values and enrich social awareness and responsibility among the Bedan student body. LAWS envisions the creation of a community in which members will aid each other to lighten the burden of working and studying at the same time. The organization have held programs for the benefit of their members in line with their main advocacy. “Last Labor Day, we coordinated with various businesses around SBCA so that our bona fide members may avail of discounts on the products and services of the said business establishments,” LAWS Internal Vice President Reena Theresa Marquez stated. For their upcoming events, Marquez shared, “Our president, Dulce Bustamante, plans to conduct our annual general assembly and election for the new set of officers.” Marquez added that the organization continues to invite working students and they are in currently discussing with other schools on how to best cater to the needs of working students in SBCA. ■ The Red Chronicles | 19
editorial
On Self-Respect
“To take a stand is controversial; to speak out in and of itself is radical. If that sounds at all extreme, it is only because it is true.” Art by HERA YDULZURA
In the landmark US case of Brandenburg v. Ohio, an issue regarding the First Amendment, or the freedom of speech, was put to question before the Supreme Court. A member of the controversial Ku Klux Klan (KKK) named Clarence Brandenburg contacted a local TV news station to ask for coverage of the organization’s rally in Cincinnati, Ohio. In that rally, calls for violence against the “inferior races” of America were made, and invectives hurled at those members of the population. A “revengeance against all niggers and Jews” and against all who supported them was called for. The United States government was also outright called out for continuing to “oppress the great Caucasian race” in America, from the executive, to the legislative, to the judiciary. Brought to trial, the Ohio court found Brandenburg guilty of syndicalism, a crime which involved incitement to violence and hate crimes, and sentenced him to almost ten years in prison, with a fine. Prior to Brandenburg, however, rulings on free speech cases were decided by the jurisprudential clear and present danger test: did the uttered speech pose a clear and present danger to justify its regulation for the common good? Going further, the Court had also 20 | The Red Chronicles
adopted the bad tendency test in Whitney v. California: whether the speech created a tendency to incite such societal ills which ought to be repressed by the government. These tests were not made out of a vacuum. The Clear and Present Danger test posed a very difficult burden of proof for government to overcome, speech being one if not the most protected right in the US Constitution. But the Bad Tendency test allowed leeway for the authorities, at that time specifically the FBI, to focus on red tagging: dragging both known and unknown communists residing in America during the heydays of McCarthyism. From this context, Brandenburg would be no different. But the Supreme Court overturned the conviction, and ruled that even Mr. Brandenburg’s violent incitement was protected speech: it was sufficiently vague and general enough to fall within the First Amendment; it did not present a specific course of action nor did it call out the population to a specific time and manner of committing such violence. The racist, sexist, white supremacist was afforded his right to free speech. In our own country, our right to free speech and
expression has faded further into obscurity for the past two years. President Duterte’s administration has willfully misled the people, campaigning under slogans like “Change Is Coming” and “Atin ‘to p’re!” He has lied on both accounts. Rather than introduce substantial and lasting change in our politics, the last two years have seen a revolving door of retiring generals and crony political personalities, all currying for favors and proximity to the seat of power. Instead of representing the interests of the Filipino people, his administration has instead gone above and beyond representing their own selfish interests. From charter change to China, no substantial concession was ever made on behalf of the welfare of the Filipino people. His administration has consistently lied about his goals, his economic plans, his foreign policy, his control of Congressional cliques, the integrity of the Chief Justice, even his health. On the eve of a natural calamity hitting Metro Manila, the President himself was nowhere to be found: he was abroad, touring Israel with a crash of the old boy cliques and generals that hang onto his coattails, along with the usual suspects: the “selfie king” who is inevitably gunning for senator, and the queen of fake news herself, seeking elected office for the coming
midterms. Birds of a feather really do flock together: while his lackeys and sycophants parry and deflect public outrage with excuses like “joke lang ‘yun!” or worse, the innocuous “that’s part of free speech.” As if the same rights afforded to Brandenburg excused him from being accountable to his fellow citizens. It did not excuse him, it should not excuse them, and it should certainly not excuse Mr. Duterte himself. To take a stand is controversial; to speak out in and of itself is radical. If that sounds at all extreme, it is only because it is true. Look to your last social gathering, your last family reunion, and think back to a time when friendly disagreement was something attainable. The only results likely to come these days are “agreeing to disagreeing,” which is really no result at all. Change does not come from every other side of the argument deepening their trenches and holding their ground; it comes from compromise, from all points of view meeting in the middle. If change has indeed come, it is a change for the worse, and it will continue to slide backwards into the hateful pasts from which our present should have already learned its lesson. ■ The Red Chronicles | 21
opinion KAIZA JAY ABAINCIA Associate Editor
Train of Thought
crossover CEASAR ENTILA Editor-in-Chief
Coco
Being the problem It was 9:30 a.m. and Manong Driver decided to stop at every intersection and stoplight, and converting the highway into a jeepney terminal. Francis had to make a choice: to wait for Manong Driver to go or to walk. He decided to walk since school is only four blocks away. Francis made it to school drenched in sweat and wearing the latest collection of smog as his perfume. Francis recounted his perilous journey and how he was nearly sideswiped by a speeding smoke-belching rustbucket, with the driver’ yelling, “… tutuluyan ko kayo kung hindi kayo tatabi!” Resilient as any other Filipino, Francis chuckled and went to class. He failed his quiz that day. Similar to the jeepney driver’s callousness, a lot of street vendors prefer the sidewalk rather than the market place. After all, the sidewalk is cheaper since they pay no rent and there are little to no rules. Instead of having a defined amount of space in a market stall, a street vendor would just gradually take over more and more space then eventually would occupy the whole side walk and possibly even part of the road. When asked vendors would just say, “naghahanap buhay lang ho kami sir!” The problem is not the policy we have, nor the
laws imposed, nor the size of the road. But rather, the problem is us. We lack discipline. Are we really rebels at heart? Hospitable as Filipinos may be, our lack of discipline hits us in numerous ways. For example, the street vendors occupy the sidewalk, forcing people to walk on the road contributing to the already terrible traffic by creating choke points. Drivers and their unruly road habits of stopping and parking at restricted areas and converting intersections into makeshift terminals also contribute to traffic congestion. The Philippines loses P3.5 billion a day due to traffic congestion. Lack of discipline could be attributed to prioritizing one’s self-interest over that of others. Some people seek self-gain regardless whether the same is at the expense of others. If this is the case, then could discipline be the opposite of greed? It is Possible. Perhaps, we disregard rules because we want to have an advantage over others.“Naisahan mo siya,” as they say. Our nation would be better off if we stop acting as if everything is a competition. We should be helping each other. The goal is to be part of solutions and not contribute to problems. ■
“The problem is not the policy we have, nor the laws imposed, nor the size of the road. But rather, the problem is us. We lack discipline.”
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I arrived home more excited than usual. I was expecting a package, and nothing excites the soul more than one sure thing out of many uncertainties. I received a phone call earlier that day from a local courier, notifying me that my parcel will be left to my neighbor. There was a sudden leap in my chest when I got hold of the parcel. I knew it was a book because I’ve been waiting for it. I tore the plastic pouch fast with my hands, thinking that getting scissors will be a waste of time. I got an Alice Walker book in paperback, Possessing the Secret of Joy. The stranger, who sent it from Camarines Sur, left a note inside the book. I was giggling inside. I can’t wait to message her about the book she sent me. Indeed, a random crossover to someone’s life. It’s an interesting experience that only started with a simple tag on Facebook. My former officemate challenged me to comment “IN” to an online book exchange. The mechanics require participants to send a copy of their favorite book to a particular person, and they will receive around 36 loved books from different people in exchange. As I contemplated, I realized that like the book exchange, law school is about countless possibilities that unfold only to those who initiate. It’s the perfect place to face the odds, be knocked down, stand up, and be better and stronger than your past. Although, not many can brave that process. This semester, SBCA saw another walkover SLG election where Lakas Alyansa won by default; it’s been three consecutive years of the same. Additionally, only around 187 of 1,129 law students cast their votes. One cannot help but wonder: how many future leaders or initiators will hail from this school? From how it looks,
not so many. In the recently concluded Mr. and Ms. SOL, the crowned Ms. SOL shared that her aim in joining the contest was to show other students that one can simultaneously be a dean’s lister, basketball player, and beauty queen. She already obtained the first two, and she was crowned that night. It was also a double victory for Maree Fergeline Villanueva, second-year law student. She was elected as an SLG batch representative in September and recognized as a Dean’s list gold medalist in October. She was able to achieve these feats while maintaining a day job as a paralegal in a law firm. As to how she did it, she shared that her secret is praying. In one of the nights of presswork, some fellow members of this publication shared that being with the group makes them sane in their battle against depression -- that they feel good doing what they do while being with people who think and, sometimes, struggle like them. These are stories of students who risked to be involved and lead despite the pressure and unending tasks, as if law school is not enough. They thrive even though they are not granted immunity; they struggle in recits and they fail in some exams just like everyone else. Or maybe that is exactly what makes them exceptional -they are not afraid to grow. Indeed, it’s when you care that you learn about another person’s life. It’s when you fail, that you understand it. It’s when you try that you will know if you can do it. Law school is the best place to expose your potential, not to hide it; to take a side; not to abstain; to acquire excellence, not only in books, but also in courage and in faith. Ora et Labora! ■
Indeed, it’s when you care that you learn about another person’s life. It’s when you fail, that you understand it.
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KAITLIN KEITH SIERRA News Editor
Legal Drama
An Advocacy: Eradicating Stigma on Mental Illnesses
MIKA AREVALO Managing Editor
MIKStape
Equality? Does it make it right for you to do something wrong just because someone else did? We all have that Eh-bakit-siya-dapat-ako-din mentality. We always compare ourselves to others (Well, maybe not all of us or not all the time, but you know, some of us and some of the time). If someone favored someone, you would think that that person should have treated you the same way. “Equality” as we say. In recent news, we have heard about the Congressman that harassed an airport security personnel while passing through an airport security screener. The news mentioned that the said Congressman allegedly disobeyed security protocol when he supposedly refused to remove his shoes as he
“It doesn’t matter whether you are showing or setting a good example to a big or a small audience. What is important is you do what is right.” passed through the metal detector. When the security personnel called him out, he raised an identification card (I.D.) to the face of the personnel to show him his VIP pass as if it would automatically excuse him from the security protocol. After which, the Congressman snatched the said airport personnel’s own I.D. and placed it inside his pocket to threaten the latter that his supposedly disrespectful act will be reported to the higher ups.
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It was reported that in an interview after the incident, the Congressman claimed that there were some Chinese nationals who bypassed the protocol. (AND SO?!). Should he expect the same treatment from the security personnel knowing it was wrong? Does it make it right if the security personnel let the Congressman pass without obeying the security protocol since he did the same thing to the Chinese nationals? As a lawmaker, a leader of this country, before a person that people look up to, he should be an example. Call out the security personnel about his actions, inform the proper authorities and let them do what is proper to the security personnel, but make sure that you yourself follow the rules. It doesn’t matter whether you are showing or setting a good example to a big or a small audience. What is important is you do what is right. Even if it is just as simple as following rules. It may seem insignificant, but when you act rightly in small things, you’ll be able to do it in bigger things. It will become second nature to you to do what is right. If you can’t do the right thing in a small scale, what more in a larger scale? Take for example, the President of the Philippines; there are news that he is killing drug addicts as part of his war on drugs. This may or may not be true, but he is not helping himself in any way to actually prove that he is not the one doing this. People who watch the news may (or may not) think that it is okay to kill those drug addicts because they are criminals. Do you think killing a criminal makes it right because they were the ones who did something wrong first? NO. It is never okay. Life is not for any one to take. That is not given by you and is not for you to take. There are solutions to this and other than killing. As they say, “Two wrongs don’t make a right.” ■
Time and again, we hear and read reports that some famous personalities have taken their own lives or have committed themselves to rehabilitation centers to inhibit from any excessive or addictive practice they have been engaged with. Usually, the first question asked upon reading such news is as to why do these people take their lives or ruin it when in fact they have seemingly perfect lives? Similarly, news reports an increase in the number of young students committing suicidal acts and undergoing mental health dilemmas. Again, the common question for these incidents is as to why and how young minds can have so much to worry about at such a young age? The answers are neither found on abundance nor on lack of wealth, status, reputation, or resources alone. There may be other underlying causes and internal reasons that contribute and lead to the incidents abovementioned. People affected with any mental health concern would often tell that one of the hardest challenges of living with such conditions is the stigma around mental illnesses. Due to the fact that psychological well-being and mental health care were not as much addressed in the past decades, the discrimination against people with mental disorders soared, probably without any intention to actually prejudice anybody. Lack of awareness is one contributory factor. Words are used loosely and carelessly towards mental health disorders. Common instances are when people associate the term “bipolar” with sudden changes of things or moods of a person; one that I frequently hear is “bigla siyang nagalit, bipolar ‘ata.” Another negligent association is when “OC” or short for obsessive-compulsive is used to refer to people who prefer being organized and clean as if saying “ang OC mo! ‘lagi ka nag-aayos.” Yet, probably, the most alarming is when people, even at this day, joke or utter tactless words about suicide without realizing its impact and danger to persons who may be silently suffering. Recently, a social media personality and blogger named Drew Olivar was called out by several advocates and groups for his statement in a video blog, suggesting to student activists from the University of the Philippines to commit suicide, “magsuicide kayo diyan sa school ni’yo, para mas okay.” While the Constitutional right to free speech must be respected, we also have moral obligations to uphold towards our fellowmen. Last June 21, 2018, Republic Act 11036 was signed into law, which otherwise became known as the Philippine Mental
Health Act. It became a monumental day not only for mental health advocates and groups but also considered a victory for every Filipino who are suffering in silence and have been victimized by the ordeal, considering that the Philippines was the last country in Southeast Asia to have passed a mental health law. The passage of R.A. 11036 is a good response to the fact that the United Nations (UN) considers mental health as one of the critical global issues today. It is also included in the 2030 Sustainable Development Goals (SDGs), which the UN is set to achieve. The advocacy on mental health, however, should not only focus on pointing out the wrong but instead should focus more on educating and reaching out to all sectors of society. Programs and promotion of mental health care will be more effective when it is delivered to the public in a manner that is comprehensible to every person of every age, gender, and status. It must be understood that mental illness does not discriminate and that anybody can be affected by it at any given time. The stigma around mental health issues should be eradicated because it hinders the potential of every person to contribute to the growth of our society. Seeking professional medical help and talking about our emotions should not be trivialized and should instead be encouraged. It is hard enough to battle the inner demon one faces when symptoms and triggers manifest; it becomes more burdensome when these coincide with the performance of daily tasks and responsibilities. People going through silent battles shall be empowered, and this can be achieved through educating ourselves about the importance and relevance of mental health. At the same time, listening is a gift each of us can offer to our friends and family who may be going through inner troubles, which are not physically obvious but are hidden behind smiles and laughter. While other societal concerns and problems like poverty, economy, corruption, and politics are indeed important, matters of the health cannot be neglected and dismissed outright. It is a subject that is relevant to everyone and concerns literally every living individual. Our minds, while it is a powerful tool in our holistic being, can only take so much stress and pressure. Each of us is facing our own different battles and no problem is worse than the other. All our thoughts and emotions are valid, and each of us deserves a mental health care that will level our psychological well-being. ■ The Red Chronicles | 25
PAUL NIKKO DEGOLLADO Photography Editor
Through the Pentaprism
Traffic: A State of Mind?
JENICA E.S. TI Features Editor
Miao Miao Sio Pao
WARNING: LAW SCHOOL LIFE IS DANGEROUS FOR YOUR HEALTH How do we even begin to forgive ourselves for allowing us to endure one of the, if not the, most nerve-wracking, difficult, and stressful degrees in the Philippines? During our first year in law school, our idealistic selves would dip our toes in the acid-infested pool of crabs and beasts, unaware of the lasting impact of this anxiety-inducing abode. Most of us would survive the culture shock until the end of our law school journey, while some would decide to pack up their bags, if there’s any self-esteem left to fold, and leave surreptitiously. As we’ve walked, ran, and sometimes even, crawled our paths in the halls of this institution, it is undeniable that students have created specific coping strategies to last them a lifetime. Some of these strategies include picking up on vices, such as cigarette smoking, alcohol consumption, drug use, or gaming addiction, to name a few. Other approaches take on a calmer approach, for example, going to church, binge watching, getting a job, or joining extra-curricular activities. While all of these would necessarily provide students a “way out” of their busy schedule, these are merely nonconfrontative surface devices. I am no different than most students, who would often question themselves why, amidst the terrors, heart breaks, and fears of law school, still choose to continue with the study of law. Indubitably, like most, I have had
several panic attacks, and weeks where I feel uninspired, especially when current events and situations prevent me from self-actualization, or in other words, reaching my ideal self. But a meteor once convinced me that regardless of the weight of the world on my shoulders, I never give up simply because I unconsciously still believe that I would not take no for an answer; that I, given the chance, would always constantly push myself rather than settle with the status quo. And I believe this rings true to all of us -- builders of the future; our own future. And so in forgiving ourselves, let us write our own stories, and learn to confront our worst critics -- by looking through the mirror, past our reflections, and into our tangible and mortal selves. Indeed at present, we may not receive what we ought to receive. We may fall in law school more than we could our entire lives. We may even lose objects we thought we could not live without. But with defeat and in due time, realizations arise. Humanistic psychologist Carl Rogers aptly quotes: “I’m not perfect, but I am enough.” We do not have to be gods and goddesses to validate our credibility; we are enough to create ripples of change in this planet, in our cause, and in our vindications -- as long as we put our minds into believing in the resiliency of our real selves. Trust the process. ■
“And so in forgiving ourselves, let us write our own stories, and learn to confront our worst critics -- by looking through the mirror, past our reflections, and into our tangible and mortal selves.”
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Getting from point A to point B in the bustling metropolis is a major challenge, may it be for a typical commuter, those who have the privilege of driving a car, or better yet, those being chauffeured. A typical Bedan who would commute to school, would have to ride a jeep or bus going to the gate of Alabang Hills Village and ride a tricycle on the terminal by the village’s gate to get to school if one chooses not to walk along Don Manolo Boulevard. Car owners who drive every day to school are also not spared from this conundrum - with traffic and the lack of accessible parking options as the usual causes. As certain as the sun rising from the east, a Metro Manila resident will go through a traffic jam in any given time in the day. Traffic jams are part of the Filipino life, much like the presence of rice as a staple food. But Department of Transportation (DoTR) Secretary Arthur Tugade once said that traffic is just a “state of mind.” Probably this “state of mind” is one of the causes that are gravely affecting our mental health. Getting stuck in traffic is frustrating. Struggling to move inside a packed train or bus is stressful. Add these to your lack of sleep just to wake up early in order to arrive to your destination on time, umaga pa lang pagod ka na. I always ride the jeepney as part of my daily commute to school. A few months ago, jeepney operators and drivers under the PISTON transport group launched a strike in opposition to several issues that they were experiencing, such as the PUV Modernization Program and the continuous increase of fuel prices. The said strike severely affected the Alabang-Zapote route and caused inconvenience to the commuters who ply that route. Nonetheless, their calls are valid for it affects their main source of livelihood. With “modernization” being the buzzword in our transportation sector, - ridesharing applications, which was started by the app Uber, rode the very high modernization wave. Users now have the convenience of booking a car that will bring them to their destination in the comfort of their seats. This, however, is not without its litany of problems as well -- with LTFRB capping its capacity as existing laws did not anticipate the entry of such modes of transportation and predatory operators owning fleets of cars and hiring drivers whose working conditions are not a far cry from their traditional taxi counterparts. Another recent development is the deployment of point-to-point (P2P) buses that have served a sigh of relief for some burdened commuters, with modern buses and some creature comforts, such as comfortable seats; wifi access, and the most important of all, a definite
timetable of departures. With the recent opening of new airport P2P buses, travelling to NAIA are much easier as this is the other direct way for public utility vehicles to reach airports aside from taxis. Private profit, public problem Arguably, the public transportation problems we are facing can be attributed to the private nature of the system. The government, through the LTFRB (for buses, jeepneys, and taxis) and the LGU (for tricycle units), only acts as a regulator that issues certificates of public convenience and sets the route and fare matrices that transport operators may charge. Profit prevails over service. Operators bear the cost of obtaining vehicles and maintaining its existing fleet while still trying to make money. This juggling act made by operators and drivers is made harder by the fact that fuel costs continue to skyrocket, no thanks to the highly volatile global oil market and the newly imposed excise tax on fuel due to the passage of the TRAIN Law. Instead of properly maintaining vehicles and following traffic rules, PUV drivers are often constrained to employ unsafe practices due to the lack of income security brought by the current commission-based income scheme. Reflective of this situation was the highly criticized statement of Transportation Assistant Secretary Mark Richmund De Leon saying, “There are so much competing modes vying for space in our streets; making public transportation inefficient… nag-aaway pa minsan ‘yan. Kasi nga, tiningnan noong mga bawat operator na livelihood itong public transportation. Pero I will tell you guys, mali po iyong pagtingin na livelihood ang isang public transportation.” The private nature of public transportation does not incentivize the drivers and operators to improve their service; it works the other way around. Public policy should be reoriented to emphasize that public transportation is a public good that should have government funding, instead of being merely regulated. Developed countries that prioritize the development of public transportation suffer less traffic jams because there are less cars on the roads as people utilize public transports. Colombian Senator Gustavo Petro, former mayor of Bogota--a city famous for its transportation system, was quoted to have said, “A developed country is not a place where the poor have cars. It’s where the rich use public transportation.” Once our policymakers wean themselves from car-centric policies, we might see significant improvements in our traffic situation. ■ The Red Chronicles | 27
comics
pag laki ko
BY HERA YDULZURA
ICC Classnotes By AMBASSADOR AMADO TOLENTINO JR.
In the past, only states, not individual persons, had been subjects to international law. Right now, “crimes under international law are committed by men, not abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced.” Thus, while the principle of sovereignty under international law confers sovereign states with the power, authority, and the right to manage their own people and territory, states have the corresponding duty to prosecute persons who commit crimes within their jurisdiction. International criminal law emerged in 1946 (after World War II) when for the first time, individuals were prosecuted for “new crimes”, i.e. crimes against peace, crimes against humanity, and war crimes. The Nuremberg International Military Tribunal laid the foundation for the establishment of subsequent tribunals, e.g. International Military Tribunal for the Far East (Tokyo Tribunal, 1946), International Tribunal for Rwanda (1994), (The Nuremberg Trials
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decided several Nazis guilty and some were hanged. The Tokyo Tribunal and subsequent ones reached the same conclusion in regard to “new” crimes that had not been defined as such when they were committed). In 1998, countries approved the Statutes of Rome, which established a permanent International Criminal Court (ICC) in cases when the states were unable or unwilling to take culprits to court for crimes such as genocide, crimes against humanity, and war crimes. Meaning, serious crimes undermine international peace and security, and must not go unpunished. ICC acquires jurisdiction via self-referral by signatory countries and when referred to the ICC by its chief prosecutor. If a country is not a member of the ICC, only the UN Security Council can initiate proceedings against that country. An example is Syria. There is a collective understanding among ICC countries that individuals are to be held accountable for their crimes and that their victims deserve some form of redress. n
hirap ba?
BY ej clemeÑa
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NEW PROFESSORS
bolster the School of Law faculty By LEANDRO NADAL Photo by LEA CERRUDO & MELISSA MANANSALA
The School of Law saw new addition to its faculty. Attys. Uella Vida M. Gayo and Josephus B. Jimenez joined the school’s esteemed faculty, increasing its numbers to 52 professors. Atty. Gayo obtained her bachelor’s degree in Political Science and Government from the University of the Philippines-Diliman in 2003. She then went to then San Beda College–Manila where she obtained her Bachelor of Laws in 2008. During her junior year in the College of Law, Atty. Gayo was elected president of the Law Student Government. Of between her time as a student-leader, she was also an active member in the college’s Debate Society, a contributor for The Barrister, and served as Taxation Law subject head for the school’s bar operations. After passing the 2008 Bar Examinations, Atty. Gayo then went on to private practice, working for a number of companies. She currently holds a dual role for Globalport 900, Inc., acting as both the corporate information officer for the company and the legal consultant for the company’s PBA team—the Globalport Batang Pier. A well-respected practitioner, Atty. Gayo also takes an active role in the academe. She has been teaching in the College of Law of Lyceum since 2014, handling Corporation Law, Negotiable Instruments Law, Taxation Law, and Taxation Law Review. Atty. Gayo also serves as a Mandatory Continuing Legal Education (MCLE) lecturer. Atty. Jimenez on the other hand, obtained his undergraduate degree in English and Political Science from Southwestern University. He then obtained his degree in Bachelor of Law from the University of Visayas in 1978, graduating magna cum laude and class valedictorian. After passing the bar, Atty. Jimenez then entered public service in 1975, becoming one of the youngest labor arbiters at the age of 27. In 1983, he left the Department of Labor and Employment to join the Philippine National Oil Company (PNOC) as their senior labor attorney. This started his 19year career as a labor practitioner in the private sector, first with PNOC, next with San Miguel Corp., and finally with Pepsi Cola. Atty. Jimenez then returned to public service in 2002, first serving as a labor undersecretary. He went on to serve as labor attaché in countries such as Malaysia, Kuwait, and Taiwan from 2005 to 2011. Atty. Jimenez then retired from public service in 2012 after serving as a director of the National Maritime Polytechnic. During his time as a labor practitioner, Atty. Jimenez has also been serving multifarious roles in academia: he has been a member of the Board of Trustees of St. Paul University; has taught law in UST, UE, and FEU; and has been a bar reviewer in other schools as well. Atty. Gayo is teaching Taxation Law; while Atty. Jimenez is handling Labor Law for the first semester of A.Y. 20182019. ■
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cure or curse?
I N T H E P H I LI P P I N ES By KATHERINE LIM Photo courtesy of CONG. JONATHAN SY-ALVARADO
Could Federalism be the engine to drive our nation to greater heights? “Cha-cha” or charter change has been a front-page favorite of broadsheets from the inception of the 1987 Constitution. From the failed People’s Initiative for Reform, Modernization and Action (PIRMA) seeking a parliamentary system in 1997, to the Constitutional Correction for Development (Concord) in 1999, to Sigaw ng Bayan in 2006 – there have been persistent but unsuccessful attempts at amending or revising the supreme law of the land. Public sentiment has remained wary of constitutional amendments that lengthen presidential terms or enable concentration of power. After all, our current Constitution was a reaction to martial law. But the present administration has made clear its firm political will to pursue charter change and so it is imperative that we are as well-informed as can be about the question that may eventually be put to a ballot. On July 3, 2018, the Consultative Committee (ConCom), formed by President Duterte to review the 1987 Constitution, approved a draft charter for a federal government – the Bayanihan Constitution. Former Chief Justice and ConCom Chairman Reynato Puno said that the provisions that would spell the success or failure of federalism are those on the
allocation of powers between the federal and regional government and, more importantly, the division of taxing powers. “The Federal (national) government basically retains the taxation power, except for selected taxes and fees the collection of which will be transferred to the regional governments,” Ding Generoso, Consultative Committee spokesperson, said. According to Generoso, the federal government and regional governments will have a 50-50 share of the collections from the top-four sources of revenues while the budgets allotted for debt service, national defense, and foreign affairs are untouched and intact with the federal government under the draft charter. Under a federalist structure, the federal government is responsible for the protection of the nation as a whole, including national security, defense, foreign policy, national taxation, and monetary policy. On the other hand, the regional or state government is responsible for the welfare of its constituents (e.g. water supply, sanitation, waste management, housing, local land use planning, schools management, road and traffic regulations). Certain areas will overlap, resulting in shared powers for law and order, administration of justice, education, energy, management of natural resources, disaster risk reduction, management of ports and highways, and communications. The essence of the shift to federalism is the bayanihan concept. According to Generoso, “we are developing the big brother concept. The bigger and more developed provinces, if you federate them with smaller and less developed provinces, (they) will have to help smaller underdeveloped provinces so that the entire region that they constitute will be able to grow
and become stronger in the entire republic of the Philippines.” A further decentralization of economic power hopes to create regional clusters consisting of both fledgling and stronger provinces that band together and achieve prosperity from the ground up. The jury is still out on whether or not the change will be beneficial. There has been confusion and dissent expressed regarding the Bayanihan Constitution with concerns about the seeming vagueness of the sharing of powers and the fiscal soundness of financing the shift. According to Ernie Pernia of the National Economic and Development Authority, financing a federal government raises the fiscal deficit to six percent of the country’s gross domestic product. Of 25 federalist states worldwide, the experience is varied. In comparable developing nations, such as Iraq, ethnoreligious divides deepened over time as regions were given more access to resources that facilitated their emboldened attitude toward secession. While Federalism is not the cause for continued inequality and poverty in India and Brazil, neither has it proved to be the express train to prosperity and unity as is being imagined in our state. The need for decentralization is widely accepted in states with a dispersed land area, population, and a diverse ethnoreligious and linguistic profile. However, federalism, as a way of distributing power throughout, has not appeared to be a cure-all for there remains an everpresent tug at power between the center and the states and in some cases, between the states. In Why Nations Fail, Daron Acemoglu and James A. Robinson suggest that it is not the form of government but the strength of the composite institutions that will spell success.
“With a further decentralization of economic power, it is hoped that regional clusters consisting of stronger and other less so provinces will band together, and that economic development will be incentivized, allowing a grassroots approach to achieving prosperity.”
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Both oppositionists and proponents of federalism have conceded that under a federal structure, many of the current institutions will remain, and it is likely that by and large, similar names and officials will head the same. Yet the ConCom highlighted that the Philippine federal Constitution is a unique and tailor-made charter, not indiscriminately patterned after another nation, but crafted specifically to meet the needs of the Philippine nation. Is federalism our cure-all? Dr. Ronald U. Mendoza, dean of the Ateneo School of Government, believes that “federalism is no silver bullet – but it can make a big difference if done right” but “if [it] is to bring fundamental change, then the dynasties and the oligarchs should face greater competition. Otherwise, simply changing the rules while preserving the same small set of players will probably not fundamentally change the political game between the center and the periphery.” It appears that federalism, if coupled with the strong leadership of new state governments, may prove to unleash the potential of stifled regional development. It may lead to a positive socio-economic and political change, or, none at all.
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...it is challenging to push for change. By nature, people are afraid of what they are unsure about and, thus, necessary change must be introduced slowly, all the while educating Filipinos about what and why we need it.
Change starts here and now For Representative Jonathan Sy-Alvarado of the First District of Bulacan, and a fellow Bedan, charter change is long overdue. And not just since the adoption of the 1987 Constitution. The unitary system of government, he explains, adopted from the United States, was a double-edged gift modeled after the American system of government, but not quite the same. After the Second World War, we attained freedom from the United States at which time the Constitution adopted was almost exactly like theirs with the exception of the federal system. While the United States has a federal form of government, a unitary system was adopted on our shores. SyAlvarado believes that the unique and atypical form
of government which eventually took shape in the Philippines contained clauses of inherent weakness, which almost guarantee that we remain at the mercy of our colonizer. Arguably, most leaders look to maintain the systems that consolidate power, and for good reason. The unitary presidential form of government offers a unified direction coming from Malacañang. Our president provides policy direction, while Congress, conferring with local and national constituencies, passes laws to funnel our taxes to projects and programs deemed necessary. Memorizing the process of passing appropriations bills as a first-year law student for Statutory Construction, it seems straightforward enough. But Sy-Alvarado sheds light on the other side of the coin: politics inevitably intercedes. Elected officials who have strong ties with the center receive a much larger piece of the pie, and those who do not have favor with Malacañang get very little, regardless of what each province has contributed to the national economy. At the end of the day, it is the citizens who suffer from this haphazard mode of development. “We have a president now who is willing to share the power.” Ideally, under a federal system of government, regional states keep a majority of what the state has earned in taxes, which can go back into state development. It is a system that would remove the unpredictability of receiving funds based on the winds of politics. If every region had independent legislative power, would this result in national chaos? Our nation’s diversity is one challenge that proponents of a federal system seek to address. By allowing each regional state to have greater control over their own affairs, the federal system recognizes the unique and deeply-founded identities of the different Philippine regions that, when pitted against each other, have been the source of much dispute, politicking, and unnecessary delay. Admittedly, the current system presents itself as
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much more equitable: for what would happen to a less economically robust region under the federal system, that would have difficulty in fending on its own without the boost of its neighbor regions? Federalism’s proponents argue for less dependency on the national purse, incentivize regional innovation, and look outward for development and change. Continuity and change According to Sy-Alvarado who has been actively disseminating information about federalism, it is challenging to push for change. By nature, people are afraid of what they are unsure about and, thus, necessary change must be introduced slowly, all the while educating Filipinos about what and why we need it. One thing is for sure though – the current system has not facilitated the success it was slated to, through multiple administrations. It would appear that we are not on the correct track. “Kung gagana ang Saligang Batas ng 1987, nasugpo na sana nito ang kahirapan.” Too costly The switch, to federalism need not be too costly, either. Opponents to charter change point to the almost 13 billion peso cost of switching notwithstanding the inflated bureaucratic costs of maintaining “double” layers of government. But Sy-Alvarado believes new offices need not be created because the bureaucratic infrastructure already exists. The change, for him, lies in how power would be distributed to existing regional offices so that goods and services are now more readily available to each province. Are dynasties to blame? Political dynasties are a convenient and catchy group, which take the media-fall for many of our country’s problems. The draft of the proposed Bayanihan Constitution also contains a provision limiting political dynasties by placing a restriction on members of the same family running for multiple positions at the same time. But there are a number of structural issues to political dynasties and their supposed abolishment that must be addressed as we wrestle to ban them. Ironically, a legislator who supports an anti-dynasty bill gains much support with his constituents and the public alike, but come the local polls, we will often revert to the same leaders or their family members we have always voted for. Firstly, with our current political system and educational system, those most likely to be trained in the ins and outs of governance are family members of current officials. Secondly, trust and relationship building are important factors when choosing political leaders, similar to lawyers and doctors passing on their patients or
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clients to their children. The relationship between the “dynasty” and the voter is complex. Rep. Sy-Alvarado argues that corruption is the more pressing issue. Accountability and transparency is the way forward to address the underlying issue of political dynasty, for the problem lies not in the dynasty in itself, but in the corruption that can occur when elected leaders do not have their heart in public service. By himself, Sy-Alvarado is a successful businessman. And like many other elected officials, he can easily chose to pursue a successful career, but he choose to run for office because he is capable of serving the needs of his constituents. “Kailangan ba akong pigilan ng konstitusyon kung ako ang magiging pinakamagaling na mambabatas?” The more things change, the more they stay the same? Despite the urgency of the issue, Sy-Alvarado is unsure about whether or not we will see this question at a plebiscite anytime soon. Historically, Congress has not passed any constitutional amendment bill after the midterm election, which is now less than one year away making it unlikely that a constitutional revision will make it through the 17th Congress. If the Duterte administration will then come and go without seeing this shift take life, the waiting game will continue until political will and congressional sentiment collide. Realistically, constitutional amendments usher in more competition, openness, and regional power with respect to states’ own budgets. These, Sy-Alvarado believes, are seeds enough to steer our country in the right direction but deeper change will take at least two generations to be visible. For now, we must not be afraid of springing for something greater. ■
References: 1. Acemoglu, Daron. Why Nations Fail : the Origins of Power, Prosperity and Poverty. London : New York :Profile ; Crown Publishers, 2012. Print. 2. Legaspi, Amita. Finance chief Dominguez: Federalism shift can be a fiscal nightmare if not sorted out properly. GMA News. 7 August 2018. Web. 5 October 2018. 3. Mendoza, Ronald U. Is Federalism the silver bullet? Thought Leaders. 13 January 2017. Rappler. Web. 5 October 2018. 4. Sarmiento, Rene V. Q & A Primer on Federalism. Manila. 2018. Web. 4 April 2018. 5. Tillin, Louise, Pereira, Anthony W. Federalism, multi-level elections and social policy in Brazil and India, Commonwealth & Comparative Politics. Vol. 55, No. 3. 2017. Web. 5 October 2018. 6. Torres, Sherrie Ann. Finance chief ‘absolutely’ against draft federal charter. 8 August 2018. ABS CBN News. Web. 5 October 2018. 7. Sy-Alvarado, Jonathan. 5 October 2018. Personal interview.
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Beyond Promises: The Bangsamoro Organic Law After decades of armed conflict and negotiations, the Bangsamoro Basic Law (BBL) was finally ratified by President Duterte last July. Being the first chief executive to hail from Mindanao, it was expected both by pundits and his fellow Mindanaoans that genuine autonomous governance could finally see the legislative light of day. Finally, after years of political lassitude, substantive progress was made on the front of realizing genuine autonomy to correct social and historical injustices for the Bangsamoro people. If an administration would ever have the best opportunity to pass the Bangsamoro
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By LEIRON MARTIJA
Basic Law, it is in fact this one; after all, the Duterte government has been committed to pushing substantive constitutional revision as early as 2016. As far as policy is concerned, it was hoped that the passage of the BBL could help smoothen the transition towards a federal form of government. This, side by side with the Constitutional Committee’s efforts to draft a proposed Constitution to be submitted for a plebiscite before 2022, is all hoped to coincide with the massive changes not only to Philippine politics, but also to its governance, culture, and society. These efforts, well intended as they may be, however, suffer from one major disadvantage: the agenda appears to ride the same political tide as the President. In fact, the passage of the Bangasamoro Bill was delayed by an elaborate power grab during the President’s State of the Nation Address (SONA). At the session before the SONA, the Congress reached a controversial majority vote for the position of Speaker of the House, removing Cong. Pantaleon Alvarez and placing Cong. Gloria Macapagal-Arroyo. The vote put the decision for the Bangsamoro law on hold, and it would not be until the next session that a version of the bill would be
available for Duterte’s signature. Could the Duterte government afford the delay? Perhaps. The reported news could have been about the first president from Mindanao passing that substantial law for his people post-haste, instead of being about the internal power conflicts of our politicians. And while the passage may be counted as a victory, no matter how long and costly, the road further ahead is plagued with the minutiae of governance: implementation, accountability, reforms, not to mention the collective need to substantiate these changes as a step towards federalism. A Prototype for Federalism As provided for by law, the Autonomous Region of Muslim Mindanao is to be abolished, and replaced instead with the Bangsamoro Autonomous Region (BAR), headed by a regional leader called chief minister, who will preside over an 80-member parliament. President Duterte has long certified the bill as urgent, not only as a policy on its own, but also to test out the implementation of a federal form of government. The congressional leadership, however, seems mum on the idea of charter change, with several legislators commenting that the Philippines may not be ready for such a drastic change. Sen. Aquilino Pimentel, himself a proponent of a parliamentary form of government, expressed concern with the careless celerity with which proceedings were being
taken, citing the need to involve the Filipino public more with the processes. Soon other legislators, from Cong. Karlo Nograles to even Speaker Pantaleon Alvarez, would lament the eventual death of the Federalist movement in Congress. Regardless, the passage of the law means that a referendum is now up for residents of the Bangsamoro region to decide which parts of the BAR will form part of the same. As mandated by the Organic Law, a plebiscite is to be held to determine whether Cotabato City in Maguindanao, Isabela City in Basilan, six municipalities in Lanao del Norte, and 39 barangays in North Cotabato will join the Bangsamoro region. Similarly, residents of both Lanao del Norte and North Cotabato are required to vote separately whether they are willing to part with the towns and barangays which would form part of the Bangsamoro region. The Commission on Elections has scheduled the plebiscite to be held January of 2019. A Question of Autonomy The new version of the law provides for a 75-25 share of wealth in favor of the Bangsamoro region, ensuring fiscal autonomy in the management of natural resources and regional economy. As for its regional security, the Bangsamoro region will continue to be under the protection of the national government through the military and the national police. Critics have pointed out to the
BOL as autonomy merely in name and cited the recent conflicts in Marawi city as an example as to the pressing need not only for selfgovernance in economic concerns, but in political and security matters as well. Richard Heydarian, writing for Forbes, discussed the inconsistencies presented by the Federalism push, and how using the Bangsamoro region’s efforts for autonomy may not fit such an encompassing program. President Duterte’s remarks in a speech in Zamboanga City last July 30 that he was considering amending the BOL raises not only hopes, but also concerns as to the government’s commitment to long-standing peace and prosperity for the Bangsamoro region. Suffice to say, the passage of the Bangsamoro Organic Law leaves many questions still open ended: will the law consider important amendments that could possibly include Sulu? Will the administration truly guarantee genuine autonomy in management, despite the demise of the federalist agenda in Congress? Only the passage of time can reveal as much. The Organic Law’s passage, criticized as rushed and with Malacañang’s federalist interests at heart, may indeed face the similar problems faced by past administrations in implementing regional autonomy. And always, despite the efforts of our leaders in bringing about substantial reform, the question of peace in the region either lingers or suffers with the tide. ■
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TRAIN 2: TRABAHO
“Tax Reform for Attracting Better and High-quality Opportunities” Despite negative comments from members of Congress, House Bill 8083 or TRABAHO “Tax Reform for Attracting Better and Highquality Opportunities” was approved on its third reading last September 10, 2018. The newly passed second phase of the TRAIN Law greatly focuses on improving the country’s current Corporate Income Tax (CIT) schemes in the hopes of enticing more foreign investors. As of today, the high rate of CIT in the Philippines has proven to be a deterrent to foreign investments. What was once a competitive market has left the Philippines behind in the region due to the stringent, complex, and confusing CIT schemes implemented. Not only do we have the highest rate in the region, we also have what is claimed to be an unprecedented number of departments granting tax exemptions. The shadow of doubt over the new phase of TRAIN started due to the effects the first phase left in its trail. Gas prices have risen almost every week, consumer products have only become more expensive, even siling labuyo has become a social media phenomenon due to its outrageous price. Analysts
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By DICK MARTINEZ
claim that due to the decrease in the CIT and the revocation of the tax exemptions granted certain companies, including those in our economic zones, many will lose their jobs; some corporations may even close down. On the other hand, the government claims that it is losing hundreds of billions of pesos under the current taxing scheme because the companies who should be paying more CITs are enjoying exemption, and because of the complicated systems in place, others are getting away with not paying CITs at all. According to Rep. Dakila Carlo Cua, author of the law and chairman of the House committee on ways and means, the goal is to lower our country’s CIT rate from the current 30% to 20% by 2022 and to revoke the tax exemptions granted to certain corporations. What then does the government wish to achieve in implementing this scheme? The Banko Sentral ng Pilipinas reports that, one of the goals of the government is to alleviate the inflation problem of the Philippines by bringing in more foreign investors. This move by the government is a step forward, reducing the restrictions
of foreign investors and increasing their number in the Philippine economic market. Not only that, but by removing certain CIT exemptions, there would be an increase in the governmental budget for economic development since according to reports, hundreds of millions of taxable CIT have been granted exemption under the current scheme. In turn, it would alleviate, if not derail, the ever increasing inflation rate facing our country today. One thing is clear, the Filipino people are not happy with how the new taxing scheme of our country has been affecting everyday commodities. In his recent address to the nation, President Duterte tried to deter the people’s clamor for an explanation. He claimed that the rise in international prices for oil is causing the hike in inflation, steering away blame from the TRAIN Law. Whether or not this may be the case, the question now is what will our government do to remedy the situation. We can only hope that enough research was conducted in order to ensure that TRABAHO actually provides jobs and not costs them. ■
Arrest of 3 Lawyers in a Makati Bar Raid:
An Alarming Indication of Our Time By JUAN MIGUEL LOPEZ
On August 11, 2018, the Time in Manila bar in Makati was raided by Makati policemen for allegedly selling illegal drugs to its patrons. The ‘party drugs’ were said to be sold by its waiters and managers. The National Capital Region Police Office (NCRPO) previously conducted a buy-bust operation where its asset policeman transacted with one of the bar’s employees to buy an illegal drug. This served as the go-signal for the said raid and corresponding searches in the premises. According to sources, an estimated P1.7 million worth of illegal drugs were seized during the operation, including several plastic sachets of cocaine and shabu, ecstasy capsules, marijuana, drug paraphernalia, and an unlicensed .38 caliber revolver. All of the 31 employees present therein were apprehended. Around 120 customers of the bar—57 of which are foreigners—were rounded up and arrested as well. On August 16, during a police search being conducted in the bar, three lawyers, namely Romulo Bernard Bustamante Alarkon (a SBCA-SOL alumnus), Jan Vincent Sambrano Soliven, and Lenie Rocel Elmido Rocha, were arrested and detained. The said lawyers of the owners of the Time in Manila were apprehended while they were documenting the search by police officers in the said premises. The policemen argued that the lawyers refused to identify who they were representing when they were asked to do so. In addition, they
stated that they were being intimidated by the lawyers, which prevented them from fully conducting their operation. The police authorities filed complaints against the three lawyers for obstruction of justice, violation of Section 11 (constructive possession) of Republic Act No. 9165, resistance and disobedience, violation of Makati City Ordinance No. 96-298, which penalizes unauthorized crossing of a police line. They were released the following day after the issuance of a release order. The lawyers claimed that they were “associates” representing “one of the owners” of the said bar. In defense of the lawyers, Diane Desierto of the Desierto & Desierto law firm contended in an article from the blog of the European Journal of International Law (EJIL) that they were merely securing the proper implementation of the said warrant. However, according to the police, and as seen in the video clips circulating online, the lawyers neither introduced themselves nor disclosed their client. This non-disclosure led to an unpleasant confrontation between the two groups. Tension rose, as seen in the videos, when the lawyers failed to disclose the name of their client. Southern Police District (SPD) Director Police Chief Superintendent Tomas Apolinario said that a colleague of the said lawyers later presented a certification that they were representing a certain Burton Joseph Server III, one of the owners of the
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Though the law itself be fair on its face and impartial in appearance, yet, if applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the constitution.
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bar. However, on one hand, it can be viewed that the police had a valid reason to question the presence of the lawyers who initially refused to disclose certain facts. On the other hand, it can be surmised that the arrest and charges against the lawyers were unnecessary and exaggerated. What is alarming on this issue is that it manifests the capability of our uniformed men to do such arrests in an apparently arbitrary manner. Persons under investigation are entitled to the right to counsel and their counsel/s representing them are obligated to protect their client’s rights duly afforded under our Constitution. Lawyers, as officers of the court and as representative of their clients, are mandated to ensure that the right to due process of their clients are being properly observed. As Fr. Joaquin Bernas (2009) clearly explained: “The due process clause must be interpreted both as a procedural and as a substantial guarantee. It must be a guarantee against the exercise of arbitrary power even when the power is exercised according to proper forms and procedure.” The Integrated Bar of the Philippines (IBP) through its National President Abdiel Dan Elijah Fajardo condemned the act, pointing out that the said arrest and detention “for alleged obstruction of justice and the filing of charges for “constructive possession” of illegal drugs, when they had every right to represent their client and be present to
observe and record the implementation of a search warrant, raises grave concerns for the rule of law in the Philippines.” Likewise, the Free Legal Assistance Group (FLAG) released a statement of condemnation, raising that “Their unlawful warrantless arrest for performing their duties as lawyers personifies the government’s arrogance, ignorance, and disregard of the law”; adding that “this government is hell bent on bullying everyone who stands in their way and cowing them into submission.” It is important to note People v. Sanchez, which cited Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002): “The required procedure on the seizure and custody of drugs is embodied in Section 21, paragraph 1, Article II of R.A. No. 9165, which states: (1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/ her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.” Clearly, the statute provides that the lawyers are among those required to sign the copies of the inventory made. This establishes the fact that the law necessitates transparency in
the procedure on such operations so as not to prejudice certain rights. Earlier this year, Republic Act No. 10973 was signed authorizing the Philippine National Police (PNP) to exercise subpoena powers. This is reminiscent of the powers exercised by the notorious Philippine Constabulary during the Martial Law period. It was even dubbed as a “Marcosian” measure by human rights lawyer Edre Olalia of the National Union of Peoples’ Lawyers (NUPL). As cited in Yick Wo v. Hopkins, “Though the law itself be fair on its face and impartial in appearance, yet, if applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the constitution.” These occurrences in the past few months send an unsettling indication of the “evil eye and unequal hand” that still haunt us to this day. Considering the rampant violations of human rights, one cannot simply shrug off the fact that the implementation of the law in our country has been problematic. With all these developments present a challenge to us, as aspiring lawyers, to be mindful of attacks against the people’s constitutional rights. Safeguarding the rights we enjoy today is the responsibility handed down to us by those who bitterly fought and died for our freedom and democracy. ■
References: Bernas, J. (2009). The 1987 Constitution of the Republic of the Philippines: A Commentary. Manila, Philippines: Rex Book Store. Brion, J. (2008, October 15). PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALVADOR SANCHEZ y ESPIRITU, accused-appellant. Retrieved September 2018, from The Lawphil Project - Arellano Law Foundation, Inc.: https://www.lawphil.net/judjuris/juri2008/oct2008/gr_175832_2008.html Buan, L. (2018, August 17). Cops detain lawyers monitoring inventory of raided Makati bar. Retrieved September 2018, from Rappler: https://www.rappler.com/nation/209759-lawyers-detained-obstruction-of-justice-drug-raid-makati-bar-august-16-2018 Lian, B. (2018, March 11). Why PNP’s new subpoena powers threaten our rights. Retrieved September 2018, from Rappler: https://www.rappler.com/newsbreak/ in-depth/197895-pnp-subpoena-powers-threaten-constitutional-rights Manglinong, D. (2018, August 17). Why the arrest of 3 lawyers in a Makati bar is being criticized. Retrieved September 2018, from Interaksyon: http://www.interaksyon.com/ time-bar-makati-lawyers-arrest-obstruction-of-justice/ Requejo , R. E., & Ramos-Araneta, M. (2018, 21 August). IBP defends beleaguered three lawyers in drugs case. Retrieved September 2018, from Manila Standard: http:// manilastandardtoday.com/news/national/273602/ibp-defends-beleaguered-three-lawyers-in-drugs-case.html
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quo warranto:
WARRANTED OR WANTON? By JENICA E.S. TI and NICOLE CONCHU
Dura lex sed lex: The law is harsh, but that is the law. Oftentimes, the judiciary is left with a fine line between what a person perceives to be morally correct and what the law dictates to be legally sound, a responsibility that the judiciary had always bore. In the instance where an esteemed Supreme Court justice fails to file the prerequisite Statement of Assests, Liabilities and Net Worth (SALN), what are the procedural implications to effectively apply the law, while also focusing on what is morally sound. This was made clear in a quo warranto proceeding in the case of Republic v. Maria Lourdes P.A. Sereno on the ground of lack of integrity. The case, which was represented by Solicitor General Jose Calida, involved former Supreme Court Chief Justice Maria Lourdes Sereno on the ground of her failure to file her SALNs. The main issue in the Sereno case revolved around whether or not CJ Sereno’s case fall under an impeachment proceeding or a quo warranto proceeding. The difference between them is of utmost importance, as it determine the procedural aspects required to proceed, such as the question of jurisdiction. With so much debate over the quo warranto proceeding, it is imperative to consider the main reason or cause of action behind the highlydisputed petition. Former Senate President Aquilino “Kiko” Pimentel
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III explained that there is a considerable reason why the removal of high-ranking officials, such as the Chief Justice, is more complicated compared to other public officers and employees. In an interview with PolitikoPH, he added that, “kasi meron silang security of tenure. May fixed term. Paano sila alisin sa mahirap na paraan at mabigat na dahilan.” Moreover, Pimentel, while not entirely opposed to the charges against Sereno, hinted that a quo warranto defeats the concept of security of tenure. With similar perspectives, deans from several law schools had chimed in and expressed concerns on the constitutionality of the quo warranto petition. In a statement published in The Philippine Star, over 130 law professors stood their ground and said, “Let the impeachment of the Chief Justice take its course as the Constitution dictates. Let the trial in the Senate sitting as an impeachment court begin. Allow the Chief Justice to defend herself in the impeachment trial… we are not questioning the motivation, integrity and patriotism of anyone involved in this process but we must remind them that the integrity of the process is as important as its result.” These reputable law professors reasoned that in allowing the quo warranto to proceed, “it will expose involved to the same vicious cycle of extrajudicial removal process which
will subvert the constitutional check and balance and endanger judicial independence.” The statement was supported and signed by retired CA Justice Hector Hofilena, former Sol. Gen. Florin Hilbay, and deans from several law schools, including Dean Melencio Sta. Maria, Dean Jose Manuel Diokno, and former Dean Pacifico Agabin. Like Sereno’s view, Vice President Leni Robredo cited the attempt to disbar former Justice Marcelo Fernan during his incumbency was a clear circumvention of the law, which if granted, would defy the constitutional mandate that members of the judiciary may only be removed from office by impeachment. VP Robredo adds, “Nakakabahala ito kasi iyong ating Saligang Batas ay klaro naman dito, na iyong tanging paraan ng pagtanggal sa Supreme Court justice ay through impeachment… para magisip ng iba pang paraan para matanggal siya, labag na ito sa Konstitusyon.” Integrated Bar of the Philippines (IBP) National President Abdiel Dan Elijah Fajardo added that the Supreme Court justices, pursuant to Sec. 11, Article VIII of the Constitution, are authorized to discipline only lower court judges, not the Chief Justice. He explained, “if you want to remove the chief justice, you go through the only mode. After all, the charges in the quo warranto petition are contained in the
impeachment complaint”. In quo warranto petitions, the power to decide the case is upon the Supreme Court, pursuant to Rule 66 of the Rules of Court. Such petition may be filed by an individual or the government against a person who usurps, intrudes into, or unlawfully holds or exercises a public office position or franchise. Based on this provision, Sol. Gen. Calida’s petition was anchored on the alleged intentional inaction of CJ Sereno in filing all the required SALNs at the time of her appointment in 2012. The government claimed that her failure to file her SALNs was tantamount to forfeiture of her position as Chief Justice and was a ground for usurpation of public position. Based on the Constitution, utilizing a quo warranto petition to remove a chief justice, instead of by impeachment, is indeed unconstitutional. While this is a clear precedent, it was not applied in the case at bar. Through the representation of Sol. Gen. Calida, the quo warranto petition sought, not the removal of a chief justice, but rather, the disqualification of the Chief Justice for failure to comply with certain requirements. Though seemingly similar by ear, both concepts allude to different legal concepts, but result in the same consequence -- an empty office. ■
References: 1. Republic v. Sereno, G.R. No. 237428, (May 11, 2018) 2.The Freeman (2018). Editorial - Quo Warranto petition not unconstitutional. Philstar. Retrieved on October 20, 2018. 3. Gregorio, X. (2018). Pimentel asks: Isn’t removal through quo warranto unconstitutional? Politiko: The Bible of Philippine Politics. Retrieved on October 20, 2018. 4. Lagrimas, N.A. (2018). Let Impeach Trial Start: Law profs say quo warranto vs. Sereno unconstitutional. GMA News Online. Retrieved on October 20, 2018. 5. Cepeda, Mara (2018). Quo warranto proceedings vs. Sereno unconsitutional, says Robredo. Rappler. Retrieved on October 20, 2018. 6. Buan, L. (2018). Quo warranto precedents: Sereno bats for outright dismissal. Rappler. Retrieved on October 20, 2018.
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ON THE SIDE OF
JUSTICE The case of L a r r a ñ a g a is a highly controversial one of the moment. If you’ve heard of the movie Jacqueline Comes Home, previously released this year, you are probably aware of the landmark case of People v. Larrañaga, a case often discussed in Criminal Law. Netizens were quick to express their outrage for the alleged lack of due process. The gist of the movie was about Paco Larrañaga, a notorious Cebuano bad boy coming from a political family, and his gang of hooligans who kidnapped
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By KAIZA JAY ABAINCIA and NICOLE CONCHU
and raped the Chiong sisters. On the other hand, we have Give up Tomorrow, a documentarytype movie, which included snippets of actual footage during the trial of the Larrañaga case. It contained interviews of family and friends of the accused and even Paco Larrañaga himself. They expressed their disappointment towards the legal system of the Philippines in an attempt to seek justice. The documentary, however, might have been partial towards the Larrañaga camp because most of the interviewees had a relationship to Larrañaga. His alibi arguably stood as a very good defense. Given that records showed he was taking an exam in CCA Quezon City, a culinary school in Metro Manila, on the very same day that the crime occured in Cebu City it was
enough to spark outrage among skeptics everywhere to this very day. One can never truly say with absolute certainty whether or not Paco Larrañaga and the several accused were in fact guilty of the commission of the crime. We are but mere spectators in the unfolding of the events. As for whether or not Paco Larrañaga and the several accused were afforded their constitutional rights, they technically were. They were given their day in court and an opportunity to be heard after all. The Larrañaga camp had presented its witnesses consisting of family and friends to attest to his innocence. The opposition, on the other hand, presented Davidson Rusia, a co-accused turned state witness who testified in detail regarding the happening
of the events along with other corroborating witnesses. The ruling of the Supreme Court relied on the credibility of Rusia’s testimony in the lower court, which outraged a lot of Filipinos who believe that he is a coached witness. The Red Chronicles was privileged to have an interview with Judge Wilhemina Wagan of the Regional Trial Court of Pasay, a professor of Criminal Law in SBCA, to shed some light on the main issues of the controversial Chiong sisters case. On the evidence presented As to the evidence presented, Judge Wagan explained that “the judiciary is not to be blamed for the evidence that was not presented by the lawyers of Larrañaga.” She further explained that as far as the Supreme Court was concerned, it was acting upon the presented facts. It is a well-settled rule that the SC is not a trier of facts. It does not function to examine, review, or evaluate evidence all over again, especially on evidence raised for the first time. “You cannot say that the judge was wrong if you did not present the evidence” stated Judge Wagan.
“Why didnt they present the evidence on trial? That is the question.” “The testimony of Rusia was direct as opposed to the family and friends’ testimonies, which were not. The trial court, thus gave great credence to Rusia’s testimony. Since Rusia turned himself into a state witness and confessed to being involved in the crime, he had full knowledge of the commission and the whereabouts of the crime. His evidence was corroborated by other eye witness like a security guard and bystanders who positively identified the accused. Neither are the socalled grounds for recidivism or prior commission of a crime a ground for the disqualification of a witness under the Rules of Court.” On citizen’s haste to comment on issues posed by media “The best we can do is to be informed of the circumstances surrounding this controversial case. It is also essential for us to remain critical and to be aware as citizens, when presented with facts by the media. Whether it is news, social media or even our own peers, we need to constantly
seek out the truth. Media may be biased in its opinion and lead to misinformed judgment.” Her advice Judge Wagan learned about the viral documentary from her son, who asked her personal take on the issue. She shared her advice, which goes to all: “Before you say anything, before you agree, you read the case. As far as our laws are concerned, we have to rely on what actually happened. It’s now water under the bridge.” This being said, the power of the media can create or destroy a person; sometimes portraying a persona distinct or merely a fragment of a bigger picture. One must always remain vigilant and aware of both sides of an argument before hastily condemning anyone or rushing sides. At the moment, Paco Larrañaga works as a part time chef while serving out the rest of his sentence in Spain. Having been born in 1977, he will be released at the age of 61 years old. The other six co-accused are still serving their sentences in the Philippines ■
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POLYCHROMATIC
MINDS By JENICA E.S. TI & KAITLIN KEITH SIERRA
Understanding the complexity of mental health is a topic that concerns every person. It can affect anybody regardless of age, status, or gender. Thereby, law students and legal professionals are also susceptible to experience any mental health concern, and perhaps, due to the high demand of tasks and nature of legal work, often, mental health matters are left uncommunicated. PH Finally Has a Mental Health Law On June 21, 2018, President Rodrigo Duterte’s signing of Republic Act 11036 or the Philippine Mental Health Act was celebrated and considered as a victory by several sectors throughout the country. The heart of the said law as stated in its Declaration of Policy, is for the State to commit to the promotion of the well-being of the people through treatment, timely and affordable mental health care, and by ensuring that persons affected are able to exercise the full range of human rights. Several pressing matters were also covered, including the enumeration of rights by concerned parties; establishment of communitybased mental health care facilities; the duties of different government agencies; promotion of mental health in educational and workplace institutions; and the creation of the Philippine Council for Mental Health, which will be attached to the Department of Health to oversee the implementation of this law. A third year law student, who was diagnosed with mild obsessive compulsive disorder (OCD,) shared his experiences in balancing OCD with the demands of law school, “there was one time when I didn’t finish answering an exam because I kept on overthinking if what I wrote was good enough.” However, for him, OCD has also brought something positive, “I became resilient in a way. Since I am OC, the overthinking part makes me strive more.” After the passage of the Mental Health Law, he observed that awareness has improved. “I hope it 48 | The Red Chronicles
can help to bring mental health professionals in every institution like schools and work places because we need them to properly address our mental health needs. Talking to our friends about it while truly helpful, for me, it’s only a band-aid solution. There are professionals who are trained to tell us the proper words and ways in order (to) deal with it.” Another third year law student, Fiona Federico, shared about battling acute anxiety and mild depression while attending law school. “I really had a hard time. I can’t focus and I feel like my demons are eating me slowly. There was a week, pumapasok akong hindi nagbasa and just praying to God na ‘di ako matawag (for class recitations). Sobrang hirap. Tulog lang ako ng tulog. I even had a panic attack while taking a final exam. ‘Di pa ako clinically diagnosed no’n so ‘di ko alam na anxiety attack na pala.” On managing her concerns, “I share it to my friend, Nica Malabanan. Naging human diary ko siya. Kapag naman ayoko mag share, either sinusulat ko yung feelings ko or natutulog ako. Now that I’m into medication, medyo gumagaan na sa pakiramdam. Wala na akong suicidal thoughts. I know I’m getting better.” Fiona also hopes that RA 11036 will bring better awareness. “Hindi biro ‘yong pinagdadaaan ng mga taong may kahit anong mental health issue. Natatakot sila mag open up kasi iba ang stigma dito sa bansa. ‘Pag sinabi nilang may mental health problem ka, ang iniisip agad, baliw.” On her reason for sharing her story, “gusto kong maka inspire ng tao, at least alam nila na ‘di sila nag-iisa.”
The Bedan-aid Solution In our School of Law, it is not uncommon to experience panic attacks, mild derealization, and emotional fatigue, which is why it is extremely important to have an institutionalized unit that would cater to the needs of law students and professionals alike. The SOL Guidance Center (Center), managed by Ms. Sylvia C. Atienza, has always strived to be a secure and private haven for its visitors. Unpretentiously nestled just right after the staircase on the 3rd Floor of St. Maur Building, Ms. Sylvia’s office was moved from the CAS Building. to be more accessible to the majority of law students. Last October, in cooperation with the School of Law Internship and Development Group (SOLID), the Center celebrated Guidance Week 2018: Reaching Beyond and Embracing the Culture of A Healthy and Safe Bedan Community, which is timely with the observance of the Mental Illness Awareness Month. Ms. Sylvia, together with members of SOLID, carefully handpicked speakers and themes that are most applicable per year level. RememBAR, a memoryenhancing guide, taught seniors how to engage in rapid learning in preparation for the bar examinations. While FOMO, which was designed for sophomores and juniors, centered on coping with their strained interpersonal relationships outside the four corners of law school. For freshmen, the Center invited guest speaker Atty. Stefan Bernardo, an alumna, to share about the 101’s of Law School and the challenges of being a student. Aside from this activity, the Center celebrates an annual Career Week, complies with the annual Guidance check-up routine, and provides daily consultations, even staying off-hours to cater to some students who need urgent assistance. Ms. Sylvia reminds all students, through the Center’s programs, that “Andito lang yung Guidance; willing to help and willing to reach out.” Even prior to RA 11036, the Center had already established itself as a mental health care provider for law students. Ms. Sylvia shares that, if the occasion arises, she accommodates students that are at-risk of mental disorders and assists them by referring their profiles to an accredited testing center for further assessment; or, in extreme cases, advises students to visit a psychologist. On the issue of confidentiality, the Center maintains a trusting atmosphere and an unwavering credibility that vows utmost secrecy and exclusivity with the handling of personal information of students. In the Center, a small nook is provided for those who want privacy during consultations, “I have blinds already so mafi-feel ng estudyante na very confidential, maiyak man siya or may-expression siyang sasabihin, at least comfortable yung estudyante. Before kasi may CCTV pero pinaalis namin because of the security.” ■
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ENVIRONMENTAL REHABILITATION: It Takes a Village to Raise a Child By JENICA E.S. TI
“Modernism, …while a few have attained material abundance, resource depletion and environmental degradation now endanger many and threaten the hopes of all to come… Modernism betrayed progress by leading us into, preventing us from seeing, and keeping us from addressing interwoven environmental, organizational, and cultural problems.”1 In the ages of imperialism and colonial power during the nineteenth and early twentieth centuries, there was little to no concern for social and environmental justice, but rather, a booming demand for economic growth coupled with high massconsumption.2 Economists suggest that while the rise of global development, through modernization, has been consistent, the effects thereof had only been drastic, and in fact, repulsive. Income inequalities remain persistent, resulting in a high inflation rate, and the poorer sectors plummeting further, while the rich remain opulent. Urban cities in developing countries, such as ours, suffer from extreme pollution, inadequate transportation system and water and sewer infrastructure. Intergenerational equity is not met, as the environmental impacts of economic development has amounted to a sheer volume of waste produced,
coupled with poor waste disposal, which ultimately disrupts various and interconnected ecosystems. Specifically, in the Philippines, if our waste management remains poor, trash is likely to end up elsewhere, such as in our water system, sewers, and other natural bodies of water. Moreover, the burning of trash has resulted to the release of volatile toxins and pollutants. Additionally, like other developing countries, the processing of plastic requires lots of energy, causing emissions that greatly contribute to global warming. Today, in the age of disposable, the trend of sustainable development or green living is observed across the world. Sustainable development, otherwise known as green alternative or green politics, does not only provide attempts to solve environmental issues alone, but also, integrates economic, social, and environmental development by consciously meeting the needs of future generations while providing present demands and access to natural resources. In our school, the Environmental Law Society (ELS), had continuously advocated persisting environmental issues within and outside the institution,
and pushed for national and global initiatives, including the enactment of relevant laws by participating in some seminars. Micah Gimelo, ELS President, explains that while sustainable development is all-encompassing, its multi-faceted paradigm provides a dilemma – “it is too broad, there is sustainability when it comes to industrialization, sustainability in the daily lives of people, and contributions to pollution.” Although there has already been an initiative, both globally and in the Philippines, the question still remains: is rehabilitation still effective to alleviate our carbon footprint? How much difference can a person make to the environment? And what viable measures has the government taken in ensuring an inter-generational responsibility of providing for a balanced and healthful ecology? Is it still possible to envision all nations to adopt a planetary ecosystem and adopt measures for the increasing demands of our environmental and resource problems? According to Gimelo the ELS believes that sustainable development has a threetiered structure – the people, the government, and the worldwide community. People “Individuals expend resources the most. From the time a person wakes up, there is an impact to carbon footprint already, which is why individual contributions for our environment are important. As cited in Oposa v. Factoran, there is an intergenerational responsibility”, Gimelo opines. And this is evident with the rise of alternative products and consumerism in the Philippines, such as metal straws, menstrual cups, eco bags, and the use of metal canisters instead of Tupperware plastics. While opposition of sustainability would argue that the effects of metal manufacturing causes depletion in our resources, Gimelo believes that resource depletion shall not be observed negatively, especially when our government has already provided regulatory measures and licensing procedure. The problem, however, lies in the alternative product itself, and if it causes an interference with the daily lives of people. He further provides an example, highlighting the recent proposal of Sen. Risa Hontiveros to ban
plastic straws, “when you ban plastic straws, you have to provide an alternative. You cannot eradicate an innovation or technology at the expense of sacrificing the daily lives of people who may benefit from that invention – in this case; oral hygiene, persons with disabilities, and others.” Even with an abundance of alternatives that are readily available in a few markets, it is still a reality that plastics remain the status quo for the majority because of its practicality and fuss-free usage. However, we should not be quick to concede that the predicament is the production of plastics, but rather, the poor disposal thereof. Gimelo compares our disposal system with other developing and first world countries, “in Singapore, they view their plastic wastes, not as mere trash, but a product they could further utilize for energy resource or in constructing a man-made island. Entrepreneur Elizabeth Ting of Kahilom and Indayog, both homegrown and sustainable merchandise companies, provides tips on being environmentally aware in our daily routine: 1. Familiarize one’s self with the waste disposal laws; there are schedules for proper pickup of garbage and recycling areas for waste that can be traded in for cash. 2. In order to transition to a more sustainable lifestyle, one doesn’t necessarily become zero-waste overnight. The old adage of reuse, reduce, recycle (with new additions of repurpose) rings truer now. 3. Conscious consumption and living mindfully – knowing the origins and possible effects of whatever we consume or utilize is a big step. Determining choices that aren’t just for convenience but will serve a purpose long-term will greatly affect environmental awareness. From choosing reusable – ecobags, water bottles and mess kits, to supporting local and fresh from the market rather than imported, there are options out there that can be tapped into. While these are effective ways for all of us to take part in repurposing our trash, Gimelo believes
1 Norgaard, Richard B. (1994). Development Betrayed: The End of Progress and a Coevolutionary Revisioning of the Future, p. 2. New York and London: Routledge.
Harris, J.M. (June 2000). Basic Principles of Sustainable Development. Tufts University, USA: Global Development and Environment Institute.
2
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that these are not enough, especially in a fast-paced developing country such as ours. Although there are prohibitory laws, which address waste disposal, these are not strictly implemented; we still see cigarette butts casually thrown along busy streets. And while there are a few initiatives for proper waste management and utilization, the Philippines has constantly failed to provide for a panel to address these concerns. This is where the influence of our government should come into place. Government Gimelo points out that the government should utilize its resources to provide better means of transportation and an ecofriendly energy resource. “Real change happens in the halls of our government, or if the Supreme Court would adopt a complete digitalized system. The problem is that our system has remained primitive, and we have no recourse but to comply with the needs of our system.” Today, the Philippines still adopts a system of paper trails despite the Efficient Use of Paper Rule, which took effect last January 1, 2013, seeking to establish an e-filing paperless system in the judiciary. According to the Department of Environment and Natural Resources (DENR), projects and programs have already been established, but subject to completion, such as the Boracay rehabilitation, the Manila Bay clean-up project, and crackdowns of several illegal mining activities. Gimelo adds, it is of no doubt that the saying “a little thing goes a long way” still rings true, however, the individual compliance, without substantial support from the government, is a cake half-baked. For example, while citizens are cautiously following modes of proper waste disposal, such as CLAY-GO and waste sorting, all of these “little” efforts to alleviate our carbon footprint will be put to waste if the government fails to provide processing plants for renewable waste. In other words, the government, either through the people’s small-scale initiatives or otherwise, must also
actively partake in the community’s involvement in reconstructing our ecosystems. In its own little ways, the ELS recently produced the first leg of their mining fora entitled Mining: Debunking the Myth, Sharing the Truth. Global And lastly, Gimelo rationalizes that the major element towards a healthier planetary ecosystem may be met through our collective interactions between and within nations. He explains, “Our public employees and government officials are most focused with other matters that they have continuously failed to address an inter-generational problem. But, if our country will take part in some collective participation to reduce our national carbon footprint, it will pressure our government to take on sustainable development seriously.” As of recent, the DENR, together with several international organizations, have committed to various environmental projects, such as the Chemical Information Exchange Network (CIEN) in 2000, the Non-Combustion Technology Project, the ADB-Environmental Impact Assessment Technical Assistance (TA) under the Paris Declaration of March 2005, and the Clean Development mechanism (CDM) as established under Article 12 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC), among others. Just recently, the ELS participated in A Journey with Migratory Birds: A Learning Event for the Youth, a National Geographic (Asia) event, in partnership with the Australasian Flyway and the Society for the Conservation of Philippine Wetlands. Definitely, these three key players are crucial in fashioning a wide-scale and long-term impact during the age of disposable. And while the road to a more balanced and healthful ecology is akin to the seemingly everlasting Christmas traffic in EDSA, just like the Yuletide spirit, hope for a better tomorrow shall truly remain in our hearts. ■
San Beda Alabang School of Law – Environmental Law Society Facebook: San Beda Alabang Environmental Law Society San Beda College Alabang, 8 Don Manolo Blvd., Alabang Hills Village, Cupang, Muntinlupa Kahilom | Indayog Instagram: @Kahilom | @IndayogPH The Hub, 413 Escolta Street, First United Building, Manila
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GAME CHANGERS:
More Than A
Law Student By DICK MARTINEZ Photos by PAUL NIKKO DEGOLLADO
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Fr. Manuel Manggao is a fourth-year SOL student, at the age of forty-one. He served as a sacristan during his high school years, which was when he was exposed to the life of a priest. When his locality asked for interested seminary applicants he immediately went to his parents and asked permission. He then entered San Pablo’s diocesan seminary. A year after he was sent to UST, the only pontifical seminary in the Philippines, wherein he obtained his licenseship in Philosophy. Thereafter he was asked by his Bishop to study Theology at the Vatican. Interestingly, Fr. Manuel never imagined he would go to law school. It was only when he was having dinner with his senior priests and other members of their seminary that one of them jokingly remarked that there was yet to be a lawyer amongst them. The bishop thereafter offered to send Fr. Manuel to law school. This was when he had to make a decision. He knew that his path would be different from all others who chose a career in law. He realized it all boiled down to one question: “Will it help me as a priest?” After much contemplation, Fr. Manuel decided it was best to take the challenge. After being a priest for almost ten years, he entered law school. Despite studying all night for his classes, Fr. Manuel still celebrates mass every morning. The mass he celebrates every morning became his source of strength in his life as a law student. Neeresh Bhagwandas is a third-year student. She is a twenty-five-year-old Cebuana who graduated from De La Salle University with a degree in Political Science. She started a shoe business with her sisters Sureen and Reshnee called DAS Shoes in 2010. Their business grew in popularity as the
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likes of Anne Curtis, Kim Chiu, Jojo, and other celebrities and designers became fanatics. Recently, she and her sister Reshnee started a new line of products under their new company, Beauty Library. Aside from being a businesswoman and law student, Neeresh is also very active in her religious community, Iglesia Ni Cristo. She has also been a member of their church choir for many years. And recently, having been recognized as someone comfortable in front of the camera, she has become the host of their television program. When asked what her passion in life is, she believes it can be summed up in one word, learning. In school she learns every single day, she especially finds it important in her life to learn about certain subjects like partnership and corporation law because it is very applicable to her as a businesswoman. Neeresh advocates the importance of church life. She believes that this is the most important aspect of her life. For Neeresh there are two kinds of law students: one is someone who devotes all his time to law school and the other is someone who tries his best to keep a well-balanced life. Neeresh knows she needs to diversify her life to keep sane. Mylene Maligaya-Mangudadatu is a thirdyear student of who is also a beauty queen, a wife, a mother, and a philanthropist at the age of thirty. Born and raised in Muntinlupa, her father works as a prison guard in the New Bilibid Prison and her mother also as a government employee. Mylene won the title of Bb. Muntinlupa in 2005 and was a finalist and Miss Friendship in Bb. Pilipinas 2006. She believes she matured quite early when she got married at a young age of twenty-three and started taking care of her stepchildren and her four-year-old son.
She takes great pride in being a mother and finds great drive from her children to make the best of her day-to-day life. Aside from all of these, Mylene is also an advocate for women and is in the works of starting a women’s foundation, to be based in Muntinlupa. Even though it may seem too much to juggle, Mylene never forgets to prioritize her study of the law. She believes that her purpose is to be of service to the people. In line with this, she believes she must know the law in order to provide the best service she can. Planning to run for office in the 2019 Philippine general elections, she wants to strive harder. She hopes to be a shining example of good governance. At the end of the day, we all have different paths to follow as we journey in our study of law. Being a law student does not define us, it is simply what we have to be, in the meantime, in order to achieve our true dream of becoming lawyers. Like this issue’s game changers, let us not forget that there’s more to life than law school recitations and exams. ■
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HOW TO GET THE MOST OUT OF YOUR MONEY IN LAW SCHOOL By CHEZKA CELIS
Let’s face it. Law school is hard, and aside from its anxiety-inducing aspect in academics, it is also costly—tuition fees, miscellaneous fees, expenses for books, photocopies, print-outs, coffee, and food. However, there are things that you can do to make law school marginally less stressful --by knowing some of the services offered in the school. Library. There are moments when you badly need to borrow a book, but it is no longer available in the library. Photocopying the required pages to read may be a solution, but it may cost money and time. In situations where it is nearly 8:00 p.m. and there is no chance to borrow the book or photocopy it; before the library closes, the last resort is to borrow the book overnight. You may ask the librarian for the book in the reserved sections, which may be checked out thirty minutes before closing time, and to be returned at 9:00 the following morning; otherwise a fine of P5.00 per hour will be charged. There are also times when you have borrowed the maximum number of books allowed, yet you still need to borrow another book. In this case, you may
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call a friend and ask him or her to borrow the book for you. The same strategy also works for when you still need a book but you have already renewed it once. Simply return it before it becomes overdue, and let your good friend come to the rescue. That way, you can save yourself from overdue fees. Be sure to extend the same favor to your friends. Aside from law books, there are also law journals inside the E-Library where the computers are located. These journals are from Ateneo, UP, San Beda University, Harvard, and Yale. Reading law journals can be a fun way of learning important issues and how they mesh with the law. These journals also contain case commentaries and case updates. Some of our law professors have published articles in these law journals. Once inside the E-library, you can also use the computer if the internet connection in your phone is slow or if you didn’t bring your laptop or other gadgets. Since the computers in the library are used by students to download law materials, they are gold mine for finding reviewers and notes. If repeatedly reading law materials become boring, and you need a break from the daily grind of law school, try to divert your attention from reality by reading poems, novels, comics, and fiction books which are readily available in the library. Just search for your desired book using the (Online Public Access Catalog) OPACdedicated computer near the check-out desk. There are a lot of
books to choose from. If you want to read beautifully stitched poetry and prose, you may look for Lang Leav’s books like Sad Girls, Lullabies, Memories, and the Universe of Us. If you want conspiracy thrillers, then look for Dan Brown’s Da Vinci Code or Angels and Demons. Other bestselling books are also available like J.K. Rowling’s Harry Potter and Kevin Kwan’s Crazy Rich Asians. After deciding what book to borrow, look for its availability and to which library it is stocked. Books stocked in the CAS library may be borrowed by law students. After knowing the availability and location of the book, write down all the search result information in a piece of paper and give it to the librarian in the CAS library (or to the librarian in the front desk of the Senior High School Library if the CAS library is still under renovation). It may take some time for the librarian to find the book, so just ask the librarian when you can pick it up. Athletics. In case you and your friends want to play and use the gym, you may reserve for a time slot at the Athletics Office located at the second floor of the gym. It is advisable to schedule your play during the exams of the other departments. The gym schedule then would be light as there will be no P.E. classes and varsity trainings. If the gym is not available, you can still exercise and perspire by jogging around the track oval in the morning or afternoon. The school is already open as early as 5 a.m. and you may start your run or jog that time. Remember to
bring your ID so you can enter the school. Canteen. If you have no your tumbler and need to hydrate, the cheapest bottled water is available at the store before Fiorgellato (sometimes referred to as the Gourmet store), the one nearest the St. Maur Building. One liter of bottled water only costs 20 pesos, as compared to the usual 500 mL for the same price. IT Department. Aside from having your gadgets connected to the school’s exclusive WiFi and having your own Prisms account, the school’s IT department also offers a free Microsoft Office 2016 to be installed in your gadgets and one terabyte storage in OneDrive. You just need to bring your ID when you want to get your account. For assistance, you may go directly to the IT department office located at the second floor of the CAS Building. Rex Bookstore. Every start of the semester, the Rex Bookstore is available at the third floor of St. Maur Building. Students prefer that their books and codals have plastic cover and engraved names, but the Rex Bookstore in school does not always have plastic cover or the equipment for engraving names. The solution to this is to talk to the Rex Bookstore representative and place a special order of the book or codal with plastic cover and engraved name. It usually takes some days for you to get it, but at least, it will no longer require you to visit their store branches. ■
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Cultural OASIS By KARL MICHAEL CARVAJAL Photos by CEASAR ENTILA
As students, we have always been caught up with academics. We barely have time to relieve stress and pamper ourselves. This should not be the case, and what better way to release pent-up stress than by exploring our colorful and magnificent history. As one of the main cultural centers of the Philippines, Manila is the home to a number of museums, which house several significant mementos from different studies of our past. And as a bonus, we added a stop that students will find very enjoyable!
National Museum of Natural History Our first stop is the newly opened National Museum of Natural History. It is located along the Agrifina Circle in Rizal Park, Manila. The building was constructed as the Agriculture and Commerce Building in 1940. The National Museum of Natural History was officially inaugurated on September 30, 2017 and opened its doors on May 18, 2018. It comprises four levels of exhibits and images of our local flora and fauna. Upon entry, you will see fossilized exhibits of three dinosaur species: a leg of a Camarasaurus, and skulls of a Ceratosaurus, and the famous T-rex (Tyrannosaurus rex). In the center is a structure that resembles a tree. Local fauna includes taxidermies as well as preserved remains of several species of animals. Exhibits are segregated as to the type of animal species. The exhibits are currently limited to the third level. As a newly opened museum, there is yet to be an established tour and program. The museum layout is simple enough that you will be able to visit all exhibits easily. The museum is open from Tuesday to Sunday with a timeslot of 10 a.m.-5 p.m. Admission is free as it is part of the projects of the Department of Tourism. How to get there? To get there from San Beda, board a bus along Alabang-Zapote road going to Lawton. Alight at the UN station of the LRT, and you can reach the museum within five minutes of walking. National Museum of Anthropology The National Museum of Anthropology is a component museum of the National Museum of the Philippines that houses the anthropology and archaeology divisions. It is also located in the Agrifina Circle, Rizal Park, Manila, adjacent to the National Museum of Fine Arts building. The museum comprises of several levels. An authentic Ifugao house is located at the ground floor of the museum. The second level holds the Marble Hall (the entrance of the museum), artifacts from the sunkent San Diego (a Spanish warship) and samples of ivories recovered during the time when the Philippines became a site of the ivory trade. The third level houses several exhibits of war cannons and bells; the Lumad, their lifestyle, clothing and equipment; and the exhibit Kaban ng Lahi, which contains several artifacts and images of how our ancestors conducted burial ceremonies in the ancient times. An exhibit called the Manlilikha ng Bayan can be found in this level, showcasing several manlilikha of the Philippines, which includes musicians, artists, painters and weavers. The Red Chronicles | 59
The fourth level holds examples of Philippine textiles, different kinds of rice, seedlings, and the effects of climate change to the rice production of the country. There is also an exhibit of Baybayin which showcases several books and literature written entirely in Baybayin. An example is the Laguna Copperplate Inscription, which is the oldest known written document in the Philippines and is completely inscribed in Baybayin. Currently, there are no tours or programs within the museum. The museum is open from Tuesday to Sunday with a timeslot of 10 a.m.-5 p.m. Admission is free as it is part of the projects of the Department of Tourism. It is right across the National Museum of National History. It is a good idea to do a combined tour of these two museums while you are in Rizal Park. Destileria Limtuaco Museum Lastly, our bonus feature is found within the walls of Intramuros, where the oldest distillery in the Philippines lies, the Destileria Limtuaco. It was founded in 1850 by a Chinese immigrant named Lim Tua Co, hence its name. For 168 years, the company had produced world-class products. It is currently owned by the fifth generation of the family, Olivia Limpe-Aw. The museum is located right beside the Lyceum of the Philippines University and Colegio de San Juan de Letran. The museum is a small building. The external features of the building maintains the Spanish-styled architecture, which extends to its interior aesthetics. The Destileria Limtuaco Museum holds several exhibits and replicas of equipment used in the liquor-making process of the distillery as well as several personal effects belonging to the five generations of master blenders, including those belonging to the family members. It contains fermentation devices, barrels, and several samples of their products. During peak hours, the place may feel crammed due to the presence of the liquor manufacturing machine replica located at the entrance. The museum has a tour package where the guides discuss the history of the museum and, at times, demonstrate some of the wine-making process conducted within the distillery and the effects of certain apparatus in the finished product itself. Admission costs P100 for adults P50 for students. As a bonus, visitors may opt to sample various products of the distillery for an amount of P100. The museum is open from 10 a.m.-6 p.m. â– 60 | The Red Chronicles
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Bedan
Ballers By NIÑO AREVALO Photo by PAUL NIKKO DEGOLLADO
Being a law student is hard as it is, what more if you are an athlete as well? The women’s basketball Team of the School of Law ranked third during last year’s Conflicts of Law. This year, they are aiming for the top spot – being champions. What will it take for them to achieve their goal? What do they need to instill within themselves to be prepared for what is to come? What do they need to achieve in facing their challenges? What motivates them to push for excellence? As a law student in San Beda, time is very important. Students usually plan a timetable, prioritizing study time and fitting other activities according to such schedule. When a schedule suddenly frees up, the immediate thought is to allot it for studying. It is difficult in apply what you have planned. It takes discipline and a whole
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lot of willpower just to follow what you have made, especially when the unexpected happens and changes your whole schedule. On their priorities as student-athletes, its captain, Lara Murallos said, ”Being a law student comes first. Our trainings are only once a week and at the end of the week, so that it becomes more of an anti-stress.” Their Co-captain Ces Escover confirmed that being a law student is the priority. As early as possible, they have identified their priorities since while being athletes, they are also students; and before anything else, studies must come first. When asked about their pastime as a team, Lara shared that, “We hang out randomly in the corridor and talk as in about anything. Whenever we see each other [hin]di nauubos kwentuhan namin usually about basketball din so ball is life.” As a team, it
is also equally important to develop interpersonal relationships and camaraderie since they need to be able to know the strengths and weaknesses of their own teammates, and be able to capitalize or improve on those. It is evident that these women are happy with each other’s company during practices, games, and even in simple gatherings. As to trust, you cannot win a basketball game all by yourself no matter how good you are because it revolves around team effort. There is no one you can trust other than your teammates, on and off court. In law school, students sacrifice a lot of things: night outs, reunions, parties, and even sleep. Indubitably, these women sacrifice their weekends to be student-athletes on behalf of the School of Law of San Beda Alabang. Lara mentioned that
during Conflicts season, they have to sacrifice their Sundays. She added, “usually games will go on for the whole day so we have to make sure that we’ve studied in advance, and that we have to manage our time wisely especially cause pumapatak ng midterms week ang conflicts.” While the team has to utilize their spare time for training, Ces expressed that “Hindi naman sacrifice since gusto namin yung ginagawa namin.” In comparison, law students push themselves to do better every time to achieve their goals of becoming a lawyer someday. In playing ball, the challenge seems to be similar. Both endeavors; demand the resillience and determination because learning, as a student, an athlete, or both, never stops. The members of the women’s basketball team exemplifies improvement and growth – individually and collectively; simply put – being true Bedans. ■ The Red Chronicles | 63
If There’s a Will
There’s a
Wellness By JENICA E.S. TI Photo by PAUL NIKKO DEGOLLADO
Are you guilty of binge eating before or after a dreadful recitation? Or do you indulge yourself with sugary or alcoholic beverages after a week’s worth of exams? Do the buttons from your slacks or top seem to be grasping for its life – just like your status in law school? Do you ever wish you could be mentally and physically fit at the same time? Well, give yourself a congratulatory pat on the shoulder for arriving at this page, as Pound for Pound – San Pedro Branch instructor, Mr. Carl Ephraim Latagan, Carl for short, teaches the art of Tabata training! Dr. Izumi Tabata, a Japanese scientist, founded Tabata training -- a high intensity interval training (HIIT) workout that is designed to increase strength, improve flexibility, build muscle, and increase cardiorespiratory endurance1. The benefits of this workout are promising and practical for those who do not have the luxury to enroll in a class or studio and law students who spend most of the day studying indoors. Tabata training is versatile, enabling you to customize and modify your routine based on your level of activity. Even better, a whole workout, when done correctly, will only take you less than 20 minutes! Each set of the program lasts only for four minutes, with a repetitive structure that includes: 1) a 20-second high intensity work out, to be followed by 2) a rest for 10 seconds, which involves 10 rounds of various exercises. Carl suggests the following sequence of exercises for your Tabata training; a 10 second rest should follow each: • Burpees, and make sure to push yourself to the
• •
• • • • • • •
limit; Mt. Climbers; Elbow Plank (again, you can customize the exercises to suit your level. So if elbow planks are easy enough, challenge yourself to do a high plank!); Squats; Push-ups; Jumping jacks; Crunches; Lunges; Wall sit, don’t forget to keep your knees pressed beside each other, and have your legs come to a 90 degree position; Jumping jacks.
As a gentle reminder, Carl adds that hydration, warm ups, and daily maintenance are keys to promote our physical well being, and at the same time, increase our level of activity amidst our sedentary lifestyle. For a greater intensity work out, Carl invites health enthusiasts to try out their programs, such as athletic training, cross training, strength and conditioning, weight loss, and circuit training for a very affordable price! Pound for Pound Fitness – San Pedro Facebook: Pound for Pound Fitness San Pedro SMS: 0908-815-0251 2F Southridge Pointe Bldg., Southridge Village, Brgy. San Antonio, San Pedro, Laguna. ■
Farmingdale Physical Therapy West. The Art of Tabata Training. 2018.
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South Wings
a
wing King fit for a
By NIÑO AREVALO Photo by PAUL NIKKO DEGOLLADO & LEA CERRUDO
A lot of Filipinos love chicken: chicken joy, chicken inasal, and of course, chicken wings. But what Filipinos really love is to eat like a king! While chicken is one of our country’s staple meats, only a handful of restaurants have perfected its expensive yet scrumptious Buffalo wings recipe. For your unlimited pleasure, we went around the South in search for the best unli-wings, without sacrificing your monthly allowance!
Springville, Cavite (near Evia in Daang Hari)
King of Wings BF Resort Village
RATING (5 as highest): Accessibility: 2/5 Place: 2/5 Food: 3/5 Service: 4/5 OVERALL: 3/5 The first restaurant we went to was the King of Wings in BF Resort Village. It is a bit of a challenge getting there, since it takes three jeepney rides to reach the restaurant. Parking space, although available, is limited. Without any air-conditioning units, the temperature was humid and hot, so we suggest trying their unliwings during dinner service. The service was great and fast. It has 15 different flavors, ranging from the usual teriyaki and honey BBQ, and lemon pepper; strange flavors, such as sinigang; and the most intriguing caramelized patis. Notably, the caramelized patis was a well-balanced fusion of sweet and salty. As per their announcement, they will be releasing new flavors, such as salted egg and more! The unli-wings is priced at P259/ person, a pricey choice compared to the other establishments. To add, watch out for their branch in BF Homes, which will open its doors this October!
RATING (5 as highest): Accessibility: 2/5 Place: 4/5 Food: 5/5 Service: 3/5 OVERALL: 4/5 The next place we visited was South Wings, a 20-minute drive from SBCA, or three jeepney rides. The restaurant was well-lit and had proper ventilation. While it had a simple design, it was spacious enough for a post-class celebration with friends. South Wings offers only six different flavors compared to the other establishments, but we were wrong to underestimate its lack of variations. While having few flavors, South Wings proved their worth by mastering the art of Buffalo wings. Their garlic parmesan was perfectly seasoned with a hefty coating of butter, while the honey Sriracha tasted authentic and of prime quality. The sweet and spicy Korean was akin to the flavors of a bulgogi bowl. However, the service was slow, so we suggest pre-ordering your succeeding batches. The unli-wings is priced at P199/person.
Wing-N-Out
Along Sucat Road Greenheights Village)
(near
RATING (5 as highest): Accessibility: 3/5 Place: 2/5 Food: 2/5 Service: 4/5 OVERALL: 3/5 Wing-N-Out is by far the most accessible as you can either take a short walk from Lopez gate (BF Homes) or ride a trike within Alabang Hills. The restaurant was huge, with access to a second floor, but cramped. Guests kept on bumping with each other since the tables were closely positioned to one another. Honestly, it felt like a cafeteria, especially with the noise and crowd. They offer twelve different flavors. The texture of their chicken is crunchy, but rather dry. As a treat, they also include small portions of their in-house sauces. Personally, I’d rather have my wings pre-coated with the sauce, rather than having it served separately. Out of the twelve flavors, I personally liked the honey garlic and sour cream. The service was average, and their waiters were attentive. You can get another batch in less than five minutes. Their unli-wings is priced at P199/person. They serve other varieties of food for those who are not fan of wings.
Overall, it was a great experience being able to try different flavors and restaurants’ interesting, yet unique, take on Buffalo wings. While there are still a lot of restaurants to explore, out of the three, our team felt like the restaurant deserving of our A Wing Fit for a King choice is no other than – South Wings! Happy feasting! ■
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OCTOBER 2018