September 2020 Volume 13 No. 2 | Navigating the New Normal

Navigating the New Normal

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 Paul Nikko Degollado | Editor-in-Chief Marryl Ann Ragpala | Associate Editor Rodrick Martinez | Managing Editor

Juan Miguel Lopez | Features Editor Ma. Cristina Miranda | News Editor Gabriel Luis Lacson | Literary Editor Hera Marie Ydulzura | Layout Editor Janna Mae Santotome | Photography Editor

Cover design by Hera Ydulzura. The illustration depicts how the new normal has drastically affected our way of living, how we are pushed to react to the various political and social issues that demand our immediate attention, and the abrupt change in our social interactions- from the once physical to the current virtual. With the internet as our primary tool of communication and information, we are compelled to adjust our actions based on the things that we read, see, or hear–or on the contrary, the lack thereof.

Ej Clemeña | Social Media Officer Niño Jorge Arevalo | Circulations Manager Features Writers

News Writers

Literary Writers Layout Artist Photographers

Logistics

Annelyse Camile Andal Alexandra Erika Ang Femme Angela Armamento Franchezka Mae Celis Katherine Lim Maria Charmaine Maghirang Stephanie Pagdanganan Gian Carla Guido Mary Evielyn Mateo Robert Jian Melchor Jolykha Toa Sanchez

Eunice Jumalon Karl Michael Carvajal

Eloisa Fe Buño

Melissa Manansala Paolo Enrino Pascual LJ Bernardez Sage Lingatong

Gloriette Marie Abundo Jariette Anne Abuan Joe Martin Cabaral Justin Heinrich Salazar

Ceasar Entila | Editor-in-Chief Emeritus

Mika Arevalo and Kat Belarmino | Managing Editor Emeriti Kaitlin Sierra | News Editor Emeritus

Jenica E. S. Ti | Features Editor Emeritus Stephanie Gener and Reena Theresa Marquez | Senior Layout Artist Emeriti 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 Member: College Editors Guild of the Philippines

FOREWORD This year hit us hard. A few weeks after the start of the year, the Taal Volcano erupted. This affected the lives of thousands, with its ash plume reaching even our school premises. Classes were suspended for a few days, donation drives and relief operations immediately sprung up. Life went on as usual for us, not forgetting to extend a helping hand to our brothers and sisters in need. Fast forward a few months later, news of a highly contagious virus appeared. It was first known as 2019-nCOV or the Novel Coronavirus before the authorities of the World Health Organization formally named it as SARS-CoV-2 or Severe Acute Respiratory Syndrome Corona Virus 2. Suddenly everything came down to a screeching halt. No one thought that the first day of the midterm examination of the second semester of AY 2019-2020 would actually be the last day we would set our shoes inside the campus. No one thought that we will be cooped up in our homes for months in quarantine. No one thought that this virus would affect millions around the world. Classes and examinations are now being done online, leaving us at the mercy of our internet connections. In-person meetings are now put on hold. Post-class hangouts, study sessions in coffee shops, taking a quick nap in the library, and other things we have taken for granted are now just a thing of the past. We are left with no choice but to adapt - either we sink or we swim. Just like the release of our literary folio, Pluma: Damdamin, our second issue will be published online- a first for the publication for its regular release. This issue is a glimpse of our student life and various relevant issues which have risen before and during the quarantine period. We hope that as you flip through the virtual pages of this issue, it will be no different, as if you have just grabbed your copy from our newsstands in campus. Wash your hands, stay safe, stay healthy, and God bless us all!

paul nikko degollado Editor-in-Chief

What’s Inside "The current leadership could not even get its priorities straight. Instead of focusing on handling the pandemic, it turned it into a perfect opportunity to silence its critics." 16

How Preserving History is Needed to Progress: What the Plight of Aetas during the 2019 SEAG Can Teach Us About Politics

"With the current state of our healthcare system, health workers and professionals, steadfast in their noble duty, continue to bear the brunt of this pandemic aggravated by other factors." 28

06

Trial of The Decade Finally Comes to an End: Ampatuan Family Clan Convicted for Maguindanao Massacre

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14

SOL Turns to Online Learning Amidst Global Pandemic

34

Who Owns the Media?

A Nation Diagnosed

"Although the trial of the decade seemed to have come to an end with the promulgation of judgment against the Ampatuan dynasty, the search for justice continues..." 38

ELS Joins Hike for a Cause

Editorial: Pandemonium in the Pandemic

"Culture is important because it gives people a sense of unity, a sense of something to collectively strive for and to build. With unity, we can have accountability. The progress of a nation is highly dependent on how the people can hold those in power accountable." 22

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13

42

Taal Eruption: The Aftermath Realization

24

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NEWS

SOL HOLDS CHRISTMAS FESTIVITIES By ROBERT JIAN MELCHOR Photo courtesy by VALERIE TIO

The SBCA-SOL community, students and faculty alike, celebrated the yuletide season with a bang in Black Lights: The 2019 SBCA-SOL Christmas Party, held last December 12 at Hampton Court, Hillsborough Village. An annual tradition within the halls SBCASOL, 2019’s iteration of the annual institutional Christmas Party was organized through the combined efforts of the School of Law Government and the VolCorp. It was held to give students a welcome respite and diversion from the daily grind of law school life.

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“We intend for it to be an event that would destress students from the recently held finals exam and the conclusion of the first semester. It also serves as a bookend for 2019 because after this, classes are waived and shall resume the next year,” said SLG President Valerie Tio. The SOL community danced to music courtesy of DJ Josh Aguas and drank the night away thanks to overflowing drinks. “Hampton Court was selected as the venue as it served a perfect fit for the event’s various considerations as we needed space for a dance floor, an open bar, a DJ booth and space for

BEDANS UNITE FOR STO. NIÑO

By JOLYKHA TOA LOPEZ SANCHEZ

In honor of the Pista ng Sto. Niño, the San Beda community held a procession led by members of the faculty and administrators on the afternoon of February 1, 2020. A tradition to glorify the Holy Infant Jesus, the Bedan community holds the annual prayer vigil on the third day of the Holy Feast. The vigil started at the St. Benedict Chapel, where the student body and faculty lined up with images of the Sto. Niño. While the procession winded through the San Beda College Alabang campus, the Alabang Hills Village, and BF Homes. As the core of the Holy Feast, the holy novena mass, presided by Abbot Rt. Rev. Austin Cadiz, O.S.B, was celebrated where he delivered the message centered on "unity of the whole Bedan community through imitating the Holy Infant Jesus". The celebration ended with a fireworks display, followed by the preview of the highlights of the three-day celebration.◾

S various interactive games.” according to Ms. Tio. It also served as the awarding ceremony for the victors of the also recently held Lex Celebrationis games: “After a grueling week of competition and sportsmanship, we award the Lex Celebrationis winners here between friends to strengthen the camaraderie between the students and the faculty.” Ms. Tio added. All in all, it was a fun way to strengthen bonds among Bedans as we celebrate the end of 2019 and greet the coming of the year 2020. ◾

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SBCA REVERTS TO MANUAL ENROLLMENT By STEPHANIE PAGDANGANAN

Last December, the students of the San Beda College Alabang School of law (SBCA-SOL) enrolled for the 2nd semester of A.Y. 2019-2020 manually. Enrollment for previous semesters was accomplished using PRISMS which stands for Princetech Integrated School Management System, a proprietary school management software. PRISMS allowed students to enlist their subjects via designated computer units assigned by the Registrar. This sudden change left many student enrollees questioning this abrupt shift, considering the problems encountered, not just by the students, by the SOL Administration, particularly the Dean’s Office, as well. “We cannot use the old system (PRISMS), the new one is not yet available,” said Atty. Jun Cadugo, Administrative Officer and Executive Assistant to the Dean. The decision to go manual was not a decision of the SOL, but an administrative decision of SBCA. This was due to the fact that technical problems were encountered by the institution in using PRISMS in the past years. “The main problem in manual enrollment is the waiting period. The manual system can only accommodate 150-200 students per day,” he added. In the spirit of providing the best services to the San Beda community, a new system was looked into. However, as the system could not be ready yet at the time of enrollment, the SOL Administration was left with no choice but to conduct manual enrollment. The current semester’s enrollment saw a different procedure take place. Students wrote their desired subjects on a piece of paper and lined up as the school administration staff painstakingly encoded their schedules one by one into the database. The School of Law started its electronic enrollment in 2013 as proposed by the same Batch--2013-2014, and thereafter adapted the use of PRISMS for the enrollment of subjects and viewing of grades.◾

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Ben & Ben, along with other bands, awed the Bedan crowd in their first-ever concert in San Beda College Alabang (SBCA) last January 24, 2020 at the SBCA Gymnasium. Indie acts, Nathan and Mercury and Lola Amour, rocked the stage as well with their original songs. To kick off the event, SBCA's homegrown bands namely Elaine, Insignia, Off the Record, and the SBCA Symphony Orchestra also showcased their talents. The proceeds of the concert will go to the SBCA Scholarship Fund Program and victims of the recent

musikahan at bayanihan Taal eruption in Batangas and its neighboring towns. Andres Ignacio C. San Mateo Jr., Vice President for Academic Affairs, envisioned that with the concert, SBCA will "join hands as one community to support a cause in response to the challenges brought by the eruption of Taal Volcano as well as provide opportunities of a Bedan education to the less privileged." The event was influenced by Fr. Anthony B. Mendoza, OSB, Vice President of Administration and Services, who wanted to support the plight of the Bedan scholars, particularly the student-athletes. Fr. Anthony was aided by the Alumni Association,

By MARY EVIELYN N. MATEO Photo by JANNA SANTOTOME

notably James Duran and his wife Carla, who acted as the head organizers for the benefit concert. Also instrumental in organizing the event was the participation of various student councils of the Junior Highschool Department, Senior Highschool Department, Integrated Basic Education Department, and the College of Arts and Sciences. The benefit concert was also co-sponsored by different organizations such as SneakPeek, Honda, Locally, and MG Motors.â—ž

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ELS JOINS HIKE FOR A CAUSE By JOLYKHA TOA LOPEZ SANCHEZ Photos by JANNA SANTOTOME and HERA YDULZURA

In celebration of the Christmas season, the 23 members of the Environmental Law Society (ELS), in partnership with Summit Exploration Philippines (Summit Ex), conducted for the first time, the Maagang Pamasko sa Bundok: Hike for a Cause” in Benguet on December 15-16, 2019. Enlivened by the spirit of giving, ELS called for donations to alleviate the difficulties in maintaining education in the far-flung area of Benguet. ELS tapped the tribal leaders and the local government for a special outreach program that involved distributing school kits among 185 indigenous children of the area. Members of the ELS hiked the trail of PulaCambulo-Batad, Benguet. In preparation for the hike, two separate days, December 12 and 14, were used for a seminar in order to introduce the participants on the essential principles to mountaineering. 10 | The Red Chronicles

Amiel Saquisame, the president of ELS, shared that their motivation for the event was “to make hiking fun and meaningful, in such a way that we wanted to help a far-flung community and at the same time we are able expose our members to the culture, tradition and wonders of Ifugao.” She hopes that due to the success of the event, it will not be their last, “we are keen in looking for more eye-opening experiences like this, where we are able to reach out and give back to the communities.” With the partnership among outside organizations, like the Summit Ex, the assistance of the natives and the help garnered with the local government units, the ELS are open to having more collaborations inside and outside the campus. “We have members who also belong to environment groups like Greenpeace and Haribon, so clearly we are looking at a lot of possible tie-ups in the future,” Saquisame added.◾

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ALSP goes to VIETNAM for legal camp 2020 By GIAN CARLA GUIDO

Last January 3 to 7, the San Beda-School of Law students took part in the annual Legal Camp hosted by the Association of Law Students of the Philippines (ALSP) held in Hanoi, Vietnam. This year’s camp included activities such as an E-commerce Workshop sponsored by Baker McKenzie Vietnam; a seminar in Tomodachi Retreat Center; a visit to Vietnam National University – School of Law; a courtesy visit to the Philippine Embassy – Vietnam; a lecture day at the National Economics University; and a friendship dinner. Nine (9) student delegates namely, Pamela Caryl Dela Cruz, Fergie Villanueva, Joanah Alano, Leslie Ann Rivera, Marie Czel Ongtango, Mary Joyce Tibajia, Vyne Hautea, Eden Claire Estrosas, and Clarissa Malig-on, participated in the said event. Malig-on, a 3rd year student, applied again for Legal Camp 2020 to further her learning about the Philippine legal system through enquiring into the legal system of Vietnam. She shared that her time in Hanoi was fairly informative and interactive, especially when introduced to professors at the National Economics University (NEU). “The highlight for me was the lecture conducted by some professors at the NEU. They taught us how the Vietnam legal system works and I believe it’s the primary focus of the camp,” she added. Likewise, she believes that her participation will aid her for the rest of her stay in law school, as it enabled her to think critically- an essential feat for every law student. ALSP provided not only an environment conducive to learning about legal systems, but also one conducive to learning about culture. During her stay in Hanoi, Ms. Malig-on also toured the area and noticed how similar Vietnam and the Philippines were. “My participation made me tap into my critical thinking skills multiple times, which is one of the important skills to hone in law school.”◾ 12 | The Red Chronicles

The Student Ministry of the San Beda College Alabang - School of Law and volunteers conducted its annual general assembly in the form of an outreach program at the Bahay ni Maria Home for the Abandoned Elderly with Special Needs (BNM for brevity) last January 12, 2020. Located at St. Joseph Cardinal Village, Brgy. Sampiruhan, Calamba Laguna, BNM is a shelter and hospice facility catering to the daily needs and medical conditions of abandoned and abused elderly women. Managed by the Missionary Sisters of Our Lady of Fatima, BNM’s humble halls have served as a home to countless rescues and adoptees for decades. “We have been doing this since the lot and the building was donated to us in 1996. Ang intensyon lang namin para sa aming mga residente at pasyente ay kung kailangan nila nang tahanan, ay maari silang tumira. Kung nauuhaw sila, maaring uminom. Kung nais nilang kumain ay mayroong makakain, at kung

student ministry visits bahay ni maria for Ga, outreach program sila’y may sakit, maari namin silang pagalingin, dahil may nurses kami. Hango lahat ito sa sinabi ni Hesus sa Matthew 11:28.” said the former Mother Superior of BNM. Katrina Nicolas, President of the Student Ministry, said that the BNM community has been adopted by the organization since 2018, and likewise plans to visit them annually, during Christmas season. This event was initially planned last December 2019, however due to unforeseen events, it was moved to a later date. “When we discovered the community last year, we promised that we will come back again. It just so happened that inclement weather and the enrollment for the second semester got in the way, so we had to reschedule holding the event in consideration thereof.” During the outreach, members of the Student Ministry and their volunteers shared meals, chatted, sang and danced with the lolas and the other residents,

By ROBERT JIAN MELCHOR Photo by MELISSA MANANSALA

to uplift their morale and provide a break from the monotony of their Sunday mid-morning. They also donated much needed goods like clothes, sacks of rice and various other food and non-food items; repainted fences, walls, statues; and painted flower murals on the infirmary building, which served as the community’s primary intensive care facility. Asked why the student ministry does what it does for the organization, Ms. Nicolas had this to say: “We do this because we realize that BNM performs a very noble public service without asking for anything in return and to continue at it, they need all the assistance they could get. Furthermore, it is in relatively close proximity to SBCA so it is easier for us to offer our help from a logistics standpoint.” Nicolas furthermore expressed that the values of prayer, work, peace, community, service and excellence-the core values of SBCA, are alive and well with the students of the School of Law.◾ The Red Chronicles | 13

sol turns to online learning amidst global pandemic

By STEPHANIE PAGDANGANAN Photo courtesy by JUSEL VILLAREAL

Due to the global COVID-19 pandemic, schools nationwide were forced to suspend classes to prevent the spread of the virus. In light of this, the Student Law Government (SLG) of the San Beda College Alabang School of Law conducted a survey to give voice to the needs and concerns of the students. On April 22, 2020, The Office of the Dean responded in a letter, thanking the student government for reaching out to the students. “After a month, however,” the letter noted, “we have come to this simple conclusion: it may take some time for things to go back to the way they were before.” The letter then went on to detail several plans of action, depending on whether or not the ECQ

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would be extended. As the ECQ was extended, so was the semester, and online classes or activities were left to the discretion of the professors, “whatever the professor deems most fit, most compassionate, and most sensitive to the needs of their respective students.” Midterm exams and final exams were still conducted. On April 30, following the news that some universities had decided to grant mass promotion to their students, Dean Ulan, writing on his Facebook page, announced that he would be upholding the right of the students to quality education, to quote: “To deny students of their right to quality education is to be inhumane and to turn away from compassion. ”

supreme court moves bar 2020 indefinitely By TINA MIRANDA

The dean showed his support by wishing the students good luck in their midterm exams, as well as apologizing for the seeming harshness and insensitivity of the exams, in a post in the San Beda College Alabang School of Law Facebook page on May 3. “We will get through this pandemic if we work together. I hear your many complaints, your hurts, your hates. I hope you hear me out too: We have a future after coronavirus and you are all part of it. You will be lawyers soon and let us help you achieve that dream.”◾

The threat of COVID urged the Supreme Court to reschedule the Bar Examinations “not earlier than February 2021.” This announcement was resolved alongside Bar 2020 Chairman Marvic Leonen in its Bar Bulletin posted last June 29. The exams are supposed to be held on November 8, 15, 22, and 29 this year. “Due to the increasing number of Covid 19 cases, the prevailing community quarantine protocols all over the nation, and the continuing uncertainty, the Supreme Court en banc, upon the recommendation of the 2020 Bar examinations chairperson, resolved to announce the schedule of the next Bar examinations to a later date to allow time for a more considered deliberation,” added Leonen, who is also the 2020 Bar exams chair. In his speech during the online-oath taking of new passers last June 25, Leonen reminded future Bar applicants to spend this time of isolation to “to study more and study well so that we will top the best Bar ever conducted by the Bar chair for the next Bar exam” He likewise made an inkling on the development of two testing sites in the future. According to him, holding the exams in two venues-- Manila and Cebu-- is more convenient especially for those residing in Visayas and Mindanao. “It is only now that they are going to try to hold it another site, which is in Visayas, without prejudice to the next bar exams after mine, to open it to perhaps in Mindanao and other places,” said Leonen during an online conference held by the Foreign Correspondents Association of the Philippines (FOCAP). He was also given the authority to pilot computerized exams that can be expected sometime after 2021.◾

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editorial

PANDEMONIUM IN THE PANDEMIC Chaos ensued when the current COVID-19 pandemic broke out months ago. The world was caught off-guard. Millions were infected and thousands have lost their lives. No country was spared from this invisible enemy. Health authorities and governments had to act fast, so as to minimize the spread of the virus. Massive campaigns of exercising regular hygienic practices, enforcing quarantine protocols, and community testing were made. A public health issue, to be solved in a public health approach. Our country’s approach seems to be a bit different. In the onset of the pandemic early this year, various groups have called for an early travel ban from the hotspot of the virus in Wuhan, China. A travel ban was indeed imposed, but it was not able to prevent the entry of the country’s first few cases and one eventual fatality. Next among the calls was to trace and test the potential immediate contacts of the said patients, but the response was not quick enough and the virus just crept slowly but surely among the populace. In a true strongman fashion, President Duterte treated this current public health crisis as another “war”. Like the current war on drugs, the war against COVID-19 is being led by exmilitary men – a de facto junta. The current Secretary of Health, who is expected to be on top of the situation, seems to be left on the sidelinesonly heeding to the calls of the different medical societies after four months since the community quarantines were imposed in the country. Instead

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of sound health policies taking the lead, hordes of Armored Personnel Carriers (APCs), 6x6 trucks, and olive fatigue-wearing men started marching down the streets imposing lockdowns – lockdowns that would only be effective in containing the virus if proper health measures are implemented. Our health system is unprepared for this war. Even before the current pandemic, we were already facing outbreaks of measles and polio – viral and highly contagious diseases that were already contained years before. Years of underfunding and our current inefficient health policies have inadvertently led to the private sector being thrusted with the responsibility to fend for themselves, as well as provide for others, were just some of the writings on the wall. Now, our healthcare facilities are overwhelmed, with our healthcare professionals and front liners succumbing to the disease brought about by the virus. These could have easily been prevented if they were provided with proper Personal Protective Equipment (PPE), and potential cases were tested, traced and isolated earlier. These same healthcare workers are overworked and underpaid. Adding insult to injury, a massive corruption scandal involving the Philippine Health Insurance Corporation just blew up, with it bleeding billions of pesos that could have been used to cover the costs of running our healthcare facilities during this time. The economy halted, millions lost their jobs, several businesses closed shop, workers got stranded, OFWs were repatriated. The class divide has never been more evident. Despite an ongoing

crisis, the administration is hell-bent on enforcing its iron-fist style of governance, contenting itself in locking up quarantine violators in facilities that are more conducive for the spread of the virus. Drumming up the “pasaway” narrative to coverup the incompetence of the current policies, this alleged lack of discipline in adhering to the rules and regulations provided for has been debunked by location data released by tech companies such as Apple and Google, which showed that Filipinos mostly stayed at home. In a survey released by YouGov in partnership with the Institute of Global Health Innovation at Imperial College London, it stated that 91% of Filipinos wear masks outside their homes. Meanwhile, virus-carrying VIPs roam around the metro, police-generals celebrate lavish parties, and they do not even get a slap on the wrist. The current leadership could not even get its priorities straight. Instead of focusing on

handling the pandemic, it turned it into a perfect opportunity to silence its critics. People who are jobless and hungry crying for help are locked up in prison cells. Human rights advocates are murdered in cold-blood. Freedom of expression and freedom of the press are stifled in the guise of “following the law”, while the same rule of law that they flaunt has been blatantly disregarded. This current pandemic just made the “sick man of Asia” only sicker. Incompetence and unsatisfactory governance has reared its ugly head further. Our new normal should be dealt with compassion, respect of law, and basic human decency- something that our country’s leadership gravely lacks.◾

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opinion MARIA CRISTINA MIRANDA News Editor

#JustQuaranthings Season 4

LOVE ENTAILS ACCOUNTABILITY Often we overly romanticize the idea of love by learning to accept the person for who he is without any regard to the mistakes made, grave or not. We trust in the power of time, that maybe soon enough, that person can own up to his shortcomings and make up for them later on. Last 2016, the majority of the Filipino voters chose Rodrigo Duterte as their president. They cheered for him, protected him, and abided by his words since day one. People fell in love with his words of affirmation that he will fight for our territory, champion the poor, and eradicate the major cause of our poverty--illegal drugs. The President, from his election campaigns, SONAs, and speeches aired at ungodly times, continues to declare his overpouring “love” for his fellow Filipinos through the magic of words paired with a doleful look on his face. He, at 75 years old, has mastered the skill of winning the hearts of many in spite of the apparent incompetence and lack of diplomacy, not to mention his entanglements with several women and confirming to kill three men on record after which he denied. He did all these things without any consequence and carries on with it fearless. His character is not appalling in particular. In fact, we know some of them in real life. We see them at home, interact, and fell madly in love with them at some point. Of course, they will apologize, or cry even, and thereafter, condone. We welcome them back into our lives like nothing happened until something does, and it's the same exact mistake that led to our emotional burden. Duterte promised to end contractualization in 2016, however, rejected the anti-endo bill last

year. He proclaims himself to be emphatic towards drivers, but pushes for modernization of jeepneys without providing funds or alternatives for lost jobs. The president once promised that he will face the Chinese vessels and fight for our country’s sovereignty over Scarborough Shoal, but gave up the disputed islands because he is “powerless” over China, and even allowed the Chinese to operate offshore gaming in all parts of the Philippines. Just recently, he deliberately ignored the passing of the Anti-Terror Bill by the Congress, which is feared to silence the free speech of the people. When we say we love the president despite all his shortcomings, we fail to acknowledge the change we wanted in the first place. Being a supporter is not wrong, what makes it insufferable is the relentless way of defending him without looking closely into the repercussions of his decisions as the President of the Republic. All acts and omissions are significant to us now more than ever. To embrace his faults wholeheartedly without addressing them is foolish. Love is not about accepting one’s mistakes. Love entails accountability. As a democratic state, we are accorded the right to call out leaders and hold them accountable for their dishonest behavior. Amid all these incongruities, many still find it in their hearts to show support and defend him because “people make mistakes” and “everyone deserves a second chance.” If this is the kind of love that we continue to show and willingly accept, we shouldn’t be surprised about where we are now.◾

If this is the kind of love that we continue to show and willingly accept, we shouldn’t be surprised about where we are now.

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comics online class ready

BY EJ CLEMEÑA

TRC HOSPITAL

new normal

Mask gathering

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In Memoriam Vivian grace g. villafuerte 1966 - 2020

By FRANCHEZKA MAE CELIS

Ms. Vivian Villafuerte, the “Ate Vi” of San Beda College Alabang - School of Law, will always be remembered by many students and faculty members for her kindness and gentle demeanor that radiated inside the Dean’s Office. She was known for her heart-warming smile which she shared with everyone. She was very patient in answering every law student’s inquiry with calmness and consideration. She was someone everyone can count on and beloved by many students and professors. For her unconditional service, she was awarded “Outstanding Personnel of the Year” in Academic Year 20162017. Ate Vi has been a very reliable person not only in the workplace but also in her private life, being the breadwinner of her family. She always found ways to help no matter how big or small. Ate Vi was loving and kind in all her ways as she was always there for her friends, family, and other people. For a long time, Ate Vi has always taken care of the welfare of the students. Some may simply remember her as the soft-spoken tita in the Dean’s office or as the woman who loved the cats in campus. Regardless, her small gestures of kindness shall continue to radiate in our memories. Ate Vi has been an integral part of our community and she will be missed. Her smile. Her hard work. Her motherly love and compassion. Forever she will occupy a special place in our hearts.◾

dean ed vincent albano 1949 - 2020

By STEPHANIE PAGDANGANAN

Last August 27, 2020, Dean Ed Vincent Albano passed away due to pancreatic cancer. From finishing his law degree with Latin honors, he went on to have an illustrious legal career, serving as a Regional Trial Court judge, and later as a law school dean, among other achievements. As legal luminary, his name is also immortalized by volumes of law books he authored. Ed Vincent Albano, or “Dean Albano,” as he is affectionately known, was not only a brilliant lawyer but an inspiration to many law students. What made him remarkable was his ability to cultivate potential. His Albano Bar Review Center helped many aspiring lawyers reach their dreams of entering the legal profession. Upon the announcement of his death, several expressed their grief for the passing of a dear mentor. The mourning of his death truly showed that his good deeds were profoundly appreciated. A former student writes, “Thank you so much for being part of my bar journey...Your lectures, advices and books helped me become a lawyer. My deepest condolences to the Albano family.” The sentiment was shared by many who were mentored by the late dean. He was described as “one of the best” yet “most approachable, most down to earth professors.” Not only is he remembered for the dreams he helped fulfill, but also for his sense of humor which helped lighten the stressful environment in law school. A former pupil of his recounts how he would crack jokes every now and then. “Are casino chips considered legal tender?” he would ask mischievously. Dean Albano may have left this world, but he left behind a legacy not only of his own personal career as a lawyer. He left behind individuals whom he bequeathed with invaluable knowledge and memories which they shall continue to carry on towards pursuing their dreams.◾ 20 | The Red Chronicles

Legal aid center, Justice made available to all Legal Aid Center in 2019 The year 2020 marks the fifth year since San Beda College Alabang – School of Law’s (SBCA-SOL) Legal Aid Center (LAC) was accredited by the Supreme Court via SC Resolution dated July 7, 2015. Five years since stepping away from operating as an extension of San Beda Mendiola’s Legal Aid Bureau, LAC has continuously made efforts in upholding its two-fold mission of offering free legal services to indigent members of the community, and serving as a training ground for senior SBCA-SOL law students where they can apply the knowledge acquired in the classroom to actual cases. At the start of the current school year, the organization welcomed 29 new members to its roster. The members were selected through a thorough recruitment process conducted by LAC officers during the previous semester. Not long after the general assembly held on August 2, 2019, LAC immediately jumped into their first project of the school year—Hustisya Hub. During LAC’s inception in 2013, a main reason cited for the necessity of SBCA to have its own legal aid office was due to the lack of such a program in the south side of Metro Manila. Legal aid offices in other areas of the region would often have to turn down clients from Muntinlupa and Las Piñas because of limited resources. Bearing this in mind, LAC sought to address this issue and focused its operations primarily in Metro Manila’s southern areas, while also extending its reach to other areas. For the first leg of the Hustisya Hub program in Manila City on August 11, LAC interns offered free legal consultations, as well as a seminar on Rules on Small Claims and the Comprehensive Dangerous Drug Act. For the second leg of the program, conducted in Las Piñas City on October 12, free legal service and seminars were provided to the residents of Barangay Talon 4. All throughout the school year, LAC interns are exposed to actual court scenarios under the mentorship and guidance of supervising lawyers, however their training does not stop there as several seminars for the members have been organized for their further growth and education. One of the priorities of the organization for this school year is to expose the interns to the practice of litigation, honing their courtroom skills, and learning how to properly draft pleadings and briefs. The first seminar was conducted by Assistant City Prosecutor of Parañaque, Atty. Theo Joseph Cabasa, on trial and legal techniques. A second seminar was conducted by SBCA-SOL professor

By ALEXANDRA ERIKA ANG

and LAC supervising lawyer, Atty. John Jacome, on Rental Law to the Lupon Tagapamayapa of Barangay Talon 4, Las Piñas City. As future Bedan lawyers, it is not enough that LAC interns possess a deep understanding of substantive and procedural law. Being students of a Catholic institution also requires the clinical education program to be holistic, instilling a strong sense of justice. An outreach program in Muntinlupa City Jail was held on September 8 to elucidate and further emphasize the legal maxim ‘justice delayed is justice denied’. LAC interns offered free legal consultation and a seminar to people deprived of liberty.

Legal Aid Looking Forward The Supreme Court en banc adopted and promulgated A.M. No. 19-03-24-SC Rule 138-A Law Student Practice, otherwise known as the Revised Law Student Practice Rule (Revised Rule), which amends certain provisions of the Rules of Court. The most substantial change introduced is that a law student must now apply and secure a Level 1 (first-year law courses) or Level 2 (third-year law courses) certification to be able to engage in the limited practice of law. This would affect parts of the operation of legal aid programs of law schools as a law student’s certificate number must now be included and used in the signing of briefs, pleadings, letters, and other similar documents produced under the direction of a supervising lawyer. As the amendments would likewise alter how Practice Court, a required subject in the SBCA-SOL curriculum, is to be conducted, LAC is currently serving as mentors to SOL students on drafting pleadings and dealing with clients, passing on the experience they have gathered through their practice. The incorporation of Practice Court classes to the performance of legal aid activities is still in development and currently up for discussion with SBCA-SOL’s administration. For the second semester, the focus of LAC would be to continue giving the interns as much exposure to law practice through court appearances and offering their services to those seeking legal advice. Incoming Fourth year law students interested in joining the organization in the school year 2020-2021 may contact the Legal Aid Center through their Facebook Page.◾ The Red Chronicles | 21

What the plight of the Aetas during the 2019 SEAG can teach us about politics By STEPHANIE PAGDANGANAN

It was a stunning victory for the Philippines, as the Pearl of the Orient bagged 387 medals, 149 of them gold, in the last South East Asian Games (SEAG) held in 2019.1 The Philippines was declared the overall champion of the said games, our Arnis team garnering the most number of gold medals.2 Athletes such as Agatha Wong, who garnered the gold medal for Wushu; John Chicano, who boasted first in the men’s triathlon; and Olympic silver medalist Hidilyn Diaz for weightlifting, all brought pride to our nation.

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However, the horns of triumph echoed with undertones of controversy and corruption from management—50-meter cauldron with the equally impressive price tag of 50 million pesos, and reports of foreign athletes being mistreated, tainted what should have been a flawless win for the Filipino.3 As corruption and incompetence have become almost a staple in political discourse, the question now turns to what we, as a nation, can do to progress. Perhaps a study of the core issue regarding the ancestral lands stripped from the native Aetas can illuminate the path we must take towards a progressive nation, free from the cancer that currently permeates our system. That path for progress lies in the preservation of our traditions. North of Manila, around 170 kilometers away, lies Capas, Tarlac, home to certain indigenous communities of Aetas who tilled the farmlands as their ancestors had done several years before. On December 3, 2019, the Aeta inhabitants of a village were given a seven-day notice to vacate. The lands they had preserved were to allocated for a road to New Clark City4—regardless of the provisions of Republic Act No. 8371, which provided implementing measures to protect the rights of indigenous people (IP) to their ancestral lands , although the Bases Conversion and Development Authority (BCDA) claims that the land is government-owned and that no ancestral domain titles have been issued for it. This caused outrage, despite the P300,000 financial assistance package offered to the indigenous people. Senator Risa Hontiveros emphasized that, “We need to understand that it is not just homes and livelihood that are being taken away from them.” No less than the United Nations stated that, ”The importance of land and territories to indigenous cultural identity cannot be stressed enough.”5

What the senator brought up is something that is hardly mentioned in local political discussions, but it is something that has been gaining prominence in Western culture—the idea that the way to move forward as a nation is to return to our culture and protect what is beautiful in our traditions. Like the sudden change of the Aeta ancestral lands to modern thoroughfares, before such changes were made in the name of development, it is important to ask ourselves these two points to ponder: why are we making these changes and what are we giving up in doing so? This does not mean that we must do away with modern living and go back to our primitive ways. What we fail to realize is that politics is a downstream of culture, and that while there are so many aspects to consider when building a nation, the first thing to consider is always the people and their culture. Culture is important because it gives people a sense of unity, a sense of something to collectively strive for and to build. With unity, we can have accountability. The progress of a nation is highly dependent on how the people can hold those in power accountable. The sad truth is that power corrupts, and that absolute power corrupts absolutely. Once we realize this, perhaps our nation can snap out of the fantasy of a benevolent leader who will somehow save our nation from all its ills. If power corrupts, and politicians are mostly driven by lust for power, then a system of accountability will force these politicians to listen to the needs of their flock if they wish to further their political

1 Santos, Ana P (2019, December 11).SEA Games: Medals and controversy for the Philippines. Retrieved from https://www.aljazeera.com/news/2019/12/sea-games-ends-medals-controversy-philippines-191211050407590.html 2 Nakpil, Danielle (2019, December 11).PH Is 2019 SEA Games Overall Champion. Retrieved from https://cnnphilippines.com/seagames/2 019/12/11/2019-SEA-Games-Philippines-overall-champion.html 3 Domingo, Katrina (2019, November 21). LOOK: What’s Inside Multimillion 2019 SEA Games cauldron? Retrieved from https://news.

ends. This, however, requires a population that is interested in not just their own individual wellbeing, but also in protecting and safeguarding the culture and the nation that they have inherited from their ancestors. In our desperation to keep up with our Western and Eastern contemporaries, we have fallen into the trap of adopting ideas and identities which are suited for their people, but not our own. What we first must ask ourselves is this—what is our identity? What is it that we are fighting for? What is it that we are protecting? The Philippines is composed of a diverse set of people, with regions of different cultures and dialects, so what is it that we have in common? It is more than blood—it is our past. Before rushing forward with radical ideas, we must never forget the richness in our history that unites us. That is not to say that we should adhere to every tradition, especially when they are not applicable to our current situation, or that we are to be forever beholden to our past. What we should realize is that moving on towards progress also means working against the unethical indifference that pervades in modern development. If the cultural identity of the Aetas is tied to their land, what is our cultural identity as a nation? Perhaps that is something that we should ponder more if we truly wish to move forward as a nation.◾

abs-cbn.com/news/11/21/19/look-whats-inside-multimillion-2019-seagames-cauldron 4 Santos, Ana P (2019, December 11).SEA Games: Medals and controversy for the Philippines. Retrieved from https://www.aljazeera.com/news/2019/12/sea-games-ends-medals-controversy-philippines-191211050407590.html 5 Retrieved from: https://www.un.org/development/desa/indigenouspeoples/mandated-areas1/culture.html

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GAME CHANGERS By FEMME ANGELA C. ARMAMENTO

In law school, we always see people thriving, growing, and discovering a part of themselves as they continue to brave the highs and lows in getting that coveted “Atty.” before their names. It’s amazing how this journey could change a person’s life as they move forward. Law students have yet to learn how to unbridle themselves from what’s holding them back from their potential and becoming the lawyers they all aspire to be. But evidently, there are people who, even before law school, have already made a mark in other fields, yet they still continue towards their pursuit of the study of law. These life stories shared by our resident “game changers” hope to inspire the rest of the student body to continue to strive in achieving our goals and aspirations.

Janina R.Gonzalez Janina is in her fourth year at San Beda College Alabang – School of Law (SBCA – SOL). Aside from her hard work in studying the law, she has always been a singer by heart. “I’m a singer. I know that and I’ve been that person since I was six years old,” Janina says with gusto. She said that her parents started enrolling her in several music schools when she was still young to hone her talent in singing. To see the results thereof, she braved different singing contests, but barely won any award. Despite the fear of losing again, that did not discourage the dreamer that she is. She persevered and pursued her singing until she became part of ‘The Clash’ Season Two, a reality singing competition aired by the GMA Network where she placed 6th in the competition. For her, that opened a lot of doors for her singing career. She has been driven by the fact that she can also do what others told her she couldn’t. Her father, who is a lawyer, inspired her the most to continue breaking barriers. In balancing her time for singing and studying, she manages her goals by setting a timeframe. Her routine is to make sure that she gets eight to ten hours of sleep, as it affects the quality of her voice. The rest is for studying and rehearsals, according to her schedule. Law school is not a walk in the park and balancing it with another passion is exacting and exhausting, which pushes a person to think about giving up. For Janina, having the best of both worlds would not be possible without the help of prayer. Aside from that, she also learned to filter out the unnecessary factors which may affect her studies and deal with the important ones with ease. One of the principles that she holds on to is the saying “huwag kang yayakap ng punong hindi mo kayang yakapin”. The same boils down to prioritizing and knowing her limitations. In this world where she can be anything, Janina chooses to be kind every day. She wishes to see the same in every one of us. As of now, she is prioritizing to finish her study of law, to graduate, pass the bar, and make her six-year-old self the proudest of them all. “Find your passion and do what you love. Whatever that passion is, make sure to put a hundred percent in it because if you don’t, then what’s the point of it all?” Janina says with conviction. 24 | The Red Chronicles

Sherlyn Manalangit, MD Sherlyn Manlangit is a consultant dermatologist, currently taking up a mix of second and third year subjects. She graduated college back in 2000 and continued studying until she started her residency training by 2006. Before law school, she was already a practicing dermatologist. She’s also a painter, tennis player, singer, and a writer of fiction. Unquestionably, she’s a woman of beauty, talent, and intellect. Doctor Sherlyn describes herself as a woman who fancies knowledge. However, the study of law is something she never thought would be beneficial to her in all aspects. According to her, one must love something so much to always find and make time for the same. A person must have that kind of urgency and intense need to do and express her passion in any way possible. In her case, being a dermatologist and law student means having to divide and conquer. Meaning, she must go to work for hours and then take up units only as much as she can fit into her schedule. The doctor reads in between patients and after work hours, which she would spend in the library. Her work demands her utmost attention even on Sundays, which most law students use as a spare time. At times when she is daunted by the overwhelming pressure and load of her work, she would go out and spend her time either doing voice lessons or working out at the gym. She also learned the “art of deadma” which means not to mind the unnecessary negativity of those people who would try to deter or demoralize her spirit. Being a doctor and having the privilege of studying again doesn’t stop Sherlyn from striving for more. In her words, “I wouldn’t mind being here whether it would take ten more years of my life because that’s how I ought to learn again.” In the end, Doctor Manlangit says that it will always be her—the doctor that she is—that will most likely prevail and practice her profession. She was once a girl who is afraid of everything, even the tiniest bit, which causes her angst. The woman she is now is a proud product of genuine prayer and hard work. “The moment you learn how to embrace the person that you are, can, and will be, the moment where you will feel like you can do anything”, she assured.

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Kathleen Lagman Capulong Kathleen L. Capulong, fondly called as “Mama Kate”, is a first year law student of SBCA-SOL. Before law school, she was a strategic consultant and a management professor. On the side, owns a business based on commissions and catering services. Her expertise is mainly on human resource and organizational development on the entrepreneurial aspect. She currently holds three Master’s degrees which she took at the De La Salle Graduate School of Business, De La Salle University School of Professional and Continuing Education, and the Asian Institute of Management, respectively- all of which she finished with the highest marks. In 2012, she studied at the Ritz Carlton Leadership Center in San Francisco, U.S.A. under the executive class program. She also has a culinary degree from the Center for Culinary Arts Manila (CCA Manila). But before earning all her titles and starting another journey to add another one, KLC started as a simple brand manager for Rustan’s Cosmetics. F or the past eighteen years, she became versatile with her ability to cater to different fields of businesses. She also became the President of the prestigious CCA Manila. Beyond these, her heart for helping also led her to become one of the directors of ABS-CBN Foundation, Inc. For Kate, her priorities are very clear- her children and her time with them are always non-negotiable. That is why everything she has to do would depend on the schedule of her children. According to her, she manages her time through (1) knowing your priorities; (2) training the people around you which can help you; (3) learning how to delegate; and (4) feeling not guilty when you’re not able to do things like other people can. On her study habits, she shares that she only studies the moment her youngest is asleep, or that she would study in the car or in between meeting. With no steady routine, she finds ways to study efficiently. According to Kate, she holds onto the saying of being the best in everything one chooses to do and becoming the best of wherever we are. Kate reminds her friends and families that being the best means being the best for yourself and not for other people, not for the situation, and definitely not for what society expects from you; it must be from you, learning you- your weakness and strengths. She says to surround yourself with the people who compliment your skills and find a team to be one with. She built herself out of her character as a person and honed herself as her own business masterpiece. But what could be more inspiring than to know that her story doesn’t end here?

We ought to remember that just because other people carry it so well, does not mean they are not burned by the baggage they carry. In this struggle we are facing, it is important to be each other’s “kaya mo yan” regardless of how heavy our lives may be. We wouldn’t know how much a simple phrase can change one’s perspective of life. So keep going, just like Janina, Sherlyn, and Kate, don’t just play the game—change it.◾ 26 | The Red Chronicles

Triumph in the Time of a Pandemic By JUAN MIGUEL LOPEZ and TINA MIRANDA

“Surreal.” This is how Dawna Fya Bandiola described the moment upon knowing that she placed fourth in the 2019 Bar Examinations. It was something she did not expect. “I just did my best and prayed” she mentioned in an interview with The Red Chronicles. Last November 2019, students, professors and staff of San Beda College Alabang - School of Law (SBCA-SOL) worked hand-in-hand in supporting the bar takers of the annual bar exams. The supportive community made sure, through its collective effort, to make the hurdle less arduous for every Bedan barrister. From simplest tasks such as waking the barristers up, delivering meals, and even being creative to make every weekend less stressful, to the crucial last minute notes and lectures provided by the professors, the “happiest law school in the country” showed that in unity, we can succeed. Dawna Fya Bandiola was an exemplary student. She hails from Cavite where she finished her primary and secondary education. She took up Bachelor of Science in Information Technology at the Lyceum of the Philippines University – Cavite and graduated cum laude in 2014. Thereafter, she enrolled in SBCA-SOL. As a hardworking law student, she was distinguished for being among the top ten students of her batch. Her academic excellence and leadership skills led her to become the Chairperson of the SBCA Centralized Bar Operations wherein she headed the 2017 Bar Operations of the School of Law, a daunting responsibility since she was a fourth-year student at that time. Devastated By 2018, Bandiola graduated law school and in the same year took the bar exams. Her preparation for the exam meant studying diligently. This was the culminating obstacle she was to surpass. It would be difficult, but her reputation of academic excellence was a favorable advantage. After all, she has been dedicating herself towards achieving her dream of becoming a lawyer. Nevertheless, things do not always work out as fine. From her own words, she was “devastated,” upon learning that she flunked the bar exams. Not long after this setback, she carried on and prepared to face again the arguably most difficult examination in the country. This would not be possible if not for her family and peers who remind her that the Bar is not a gauge of her capabilities, but it is her determination to move forward and fight for her dreams that is important above all. Apart from the relentless support she had received, Dawna in her second take, preferred to enroll in online review classes which she shared to have helped her efficiently because it afforded her to accomplish work and likewise study at home.

Dawna, the undaunted On the 29th of April 2020, the Supreme Court results of the 2019 Bar Examinations. With a score of 88.3360%, Dawna garnered the fourth highest place among 7,685 takers. Senior Associate Justice Estela Perlas Bernabe, the exams chairperson, announced that only 2,103 (27.36 %) bar examinees made the cut. On her second try, Dawna the undaunted, prevailed. Dean Ulpiano Sarmiento III expressed through his Facebook post that he was “beaming with pride and joy” for the 122 new Bedan lawyers led by Dawna who he commends to be the “hope in these dark times.” The Dean sends his unwavering support to those who didn’t make it. He continues to believe in them. “Above anything else, before any title and accolade, you are first and foremost a human being, a citizen of the Philippines, a Bedan. Carry on this hard and uncertain life with kindness, humility and hopefulness. Always,” he reminded. The bar topnotcher extended her gratitude to the SBCA-SOL community for preparing and molding her into who she is today. Truly, she exudes the Bedan trait of humility for acknowledging the professors under whose wings she has undergone the study of the law. She also urges this year’s barristers, given the circumstances, to train themselves to study and use this “opportunity” to prepare better for the exams. Dawna’s triumph brings honor to San Beda. Her success is shared as well by her family and friends that have been supporting and motivating her along the way. In a time of crisis, her achievement is a splendid reminder to every law student that success entails acceptance and resilience—that it does not come easily, but is reserved to those who are steadfast in attaining one’s goal despite the pain of failure. Her advice speaks much of her exemplary attitude: “What we can do is to change our perspective in things that we can control. Our country needs more good lawyers to help it serve its citizens.” For San Beda, our country a n d God.◾

On March 15, 2020, an eerie atmosphere surrounded the Epifanio Delos Santos Avenue, the capital region’s main thoroughfare. It was the first day of the month-long lockdown imposed on the National Capital Region brought about by the Coronavirus disease (COVID-19) outbreak. Weeks later, we soon realized that it was only a glimpse of the series of unprecedented events which were to envelop the whole country. According to the World Health Organization, COVID-19 is an infectious disease caused by a newly discovered strain of coronavirus. The virus and the outbreak were first identified last December 2019 in Wuhan, the capital city of Hubei Province, China.1 Reports highly suggested that its spread was associated with exposures in a seafood market in the said city. Within a short period of time, the deadly virus reached the Philippines. After COVID-19 cases rose to 20 reported infections, President Rodrigo Roa Duterte convened the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) to handle the government’s response to the growing health crisis.2 Subsequently, Republic Act No. 11469, otherwise known as Bayanihan to Heal as One Act, was enacted granting the President additional authority to carry out policies in response to the outbreak.

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For the longest time, the bustling metropolitan was able to breathe. Thousands of citizens went home to the provinces. Motor vehicles no longer clogged major roads throughout the cities. Most people opted to stay at home, given the looming fear of contracting the new deadly disease. Local authorities started imposing regulations through setting up checkpoints and patrols. With no more busy roads, the urban world seemed to have ceased indefinitely. Just days prior to the first quarter of 2020, a ‘new normal’ has begun. Adapting to the changes Even before the nationwide lockdown, Manila Mayor Francisco ‘Isko Moreno’ Domagoso had already placed himself in self-quarantine while continuing to work inside his office at the Manila City Hall. The mayor just arrived from Europe where the virus had also rapidly spread and affected the daily affairs of citizens. Moreno said that the Manila city government had begun preparing for an “armageddon scenario.”3 A task force was already formed back in early February in preparation for the impending outbreak. The Manila Infectious Disease Control Center (MIDCC), a facility catering to COVID-19 patients with mild to severe symptoms,

became immediately operational. The Sta. Ana Hospital, where the said facility was located, was soon converted exclusively for COVID-19 patients. Hotels and motels throughout the city were also tapped to accommodate health workers working in the city’s hospitals. Valenzuela City spearheaded the testing of its citizens. This effort of their local government has been described as the first localized mass COVID-19 testing program in the country.4 As early as mid-April, cities like Manila, Quezon City, and Valenzuela began localized or targeted testing for people who most likely have the virus. Among the commendable efforts came from the local government of Pasig City. On the onset of the growing pandemic, its leadership began closely coordinating with the Department of Health (DOH) after reports that one of its residents contracted the virus. In addition, an infected person was also confined in a hospital in Pasig. The city government had mobilized its employees in implementing the protocols set by the DOH. “We must make decisions based on set protocol and guidance from experts in the field, not public opinion or pressure,” the young mayor Vico Sotto stated. The city governments of Pasig and of Marikina were praised for immediately conducting massive disinfection of public spaces, along with taking health and socio-economic measures for their citizens.5 Innovative approaches were also seen, such as the utilization of drones in disinfecting city streets in Pasig.6 In Muntinlupa City, the local government implemented the restriction of activities of its constituents to prevent the spread of the virus.7 Along with the orders of closure of several recreational establishments, curfew hours were also imposed. Located in the city is the Department of Health-Research Institute for Tropical Medicine (DOH-RITM), which began strengthening its outbreak response through the training of their representatives from subnational laboratories (SNLs) in screening of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)—the virus that causes COVID-19.8 Unravelling our weaknesses Manifesting what has been unfortunately ingrained in our culture, we Filipinos were quick to attribute the virus to the Chinese mainlanders that

have been ubiquitous in our archipelago. Not only did the outbreak unleash panic among us, it also again uncovered the xenophobic tendencies that we have. Then came the usual politicking, proving that a state of public health emergency is not enough to set aside interests. The Presidential AntiCorruption Commission Commissioner Manuelito Luna sought to have Vice President Leni Robredo to be investigated, alleging that she is competing with the national government’s response to the outbreak. Days later, he was sacked by no less than President Duterte himself9—the most prominent political opponent of Robredo’s political party. This only proves that in this time of crisis, the government faces a two-pronged challenge: To curb the spread of the disease, and to do away with the nonsense bickering. Nevertheless, politics continued to hinder further collaboration in addressing the national emergency. Earlier, messages and social media posts claim that the government raided The Medical City, Pasig and other private hospitals, taking away their personal protective equipment (PPE). The news alleged that the PPEs were repackaged and donated under Senator Christopher Lawrence “Bong” Go’s name. However, The Medical City immediately released a statement disproving the said news.10 Even at a time when the nation faces a daunting challenge, malicious fake news further the rift amongst us. Regardless of political agenda, misinformation continues to be a bane to our struggling people. The nationwide campaign of practicing personal hygiene and proper etiquette for coughing and sneezing were complemented by other protocols. Among the regulations imposed by the government is the practice of ‘social distancing’ amongst the citizens. This entails providing at least a meter of distance “to reduce contact and limit the possible spread of the virus.” Wearing of face masks became compulsory, as well. However, the irony is that despite the worsening of the health crisis, the authorities and even the citizens fail to substantially observe the precautionary measures. Despite the limitations, communities struggled to carry on with the usual day-to-day activities. Even if mobility was restricted, the majority of the people had no choice but to adapt and continue with their livelihood to

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sustain their families. Although some Filipinos were able to shift towards working from home, the ongoing crisis made the circumstances more difficult to the common working man. Lack of available transportation meant extra expenses in commuting or walking longer distances. Several businesses were severely affected, especially the micro, small, and medium enterprises (MSMEs)—over half of which in the country had fully stopped or closed their operations due to the pandemic. This caused instability of employment and worse, loss of several jobs. According to a recent study, around 8 million Filipinos could lose their jobs this year—equivalent to a projected 18.5% unemployment rate.11 IBON Foundation, an independent think tank, urged the government to spend P297 billion a month for

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cash transfers, wage subsidies, assistance to allow workers, farmers and fisherfolk to spend and boost aggregate demand in order to revive the economy.12 In the countryside, our farmers also felt the ripple of COVID-19. While some food-producing provinces like Benguet and Tarlac experience an oversupply of vegetables, food and relief measures in many areas became scarce, resulting in both income loss and food wastage.13 Given the transportation restrictions during the prolonged quarantine period, farmers could no longer easily sell and transport their produce. This situation led farmers into selling even their high-value crops for significantly lower prices. The dire situation of our agricultural sector is worsened by the effects of COVID-19, prompting the national government, as well as the local government units, to extend financial assistance to the farmers and fisherfolk. Nevertheless, this highlights the fact that further government subsidy is fundamental to an efficient agricultural sector that can sustain the needs of the people, especially during a time of national emergency. This worldwide crisis hit hard on the tens of thousands of our overseas Filipino workers (OFW). According to the Department of Foreign Affairs, there are a total of 9,305 confirmed COVID-19 cases among Filipinos residing in 70 different countries and regions abroad.14 The DFA had been able to repatriate 82,057 OFWs15 and is eyeing to bring back more by the end of July.16 Several of those laid-off from their employment struggle to survive before being repatriated. What is more painful is the uncertainty they face when they return to our country. According to the National Reintegration Center for OFWs (NRCO), reintegration and livelihood programs for OFWs are being implemented by the government. For a country that has been systematically exporting its manpower and professionals abroad for decades, to address the surge of returning OFWs is a gargantuan challenge in itself. The initial month-long nationwide suspension of classes was a mere prelude to the challenges faced by students during the crisis. The shift from a physical classroom setting to virtual/online learning

platforms became the alternative solution for the continuation of classes. Notwithstanding such an option, a significant number of students are placed in an unfavorable position. Access to internet connection remains to be limited throughout the archipelago. More so, access to the gadgets used for online learning remains to be a privilege to the majority of pupils. Just recently, the Department of Education (DepEd) suffered a budget cut of P8.4 billion to be realigned to the government’s COVID-19 countermeasures.17 Considering the realities on the ground is equally as important as carrying on with the classes during the pandemic. The quality of learning depends now on the availability of means to be used by the teachers and by the students in a non-traditional platform for the time being. According to the WHO, a total of 106,330 COVID-19 nationwide cases have been reported in the Philippines.18 From a handful of reported cases last March, the virus uncontrollably spread to a number of people now surpassing the recorded cases in China, which is 88,574.19 Even the local government units which have shown promising efforts in addressing the crisis are now overwhelmed by the number of cases. The DOH has recently announced that hospitals nationwide have reached 50% capacity, falling in the Department’s “warning zone.”20 The ranks of our medical front liners have suffered losses and continuous vulnerability to the deadly virus. The grueling months left our healthcare system overwhelmed. Through a letter addressed to the President, the Secretary of Health and the Chief Implementer of the National Taskforce (NTF) COVID-19, dated August 1, 2020, several medical associations representing tens of thousands of our doctors called for the return of Mega Manila to Enhanced Community Quarantine (ECQ) for a period of two weeks.21 The plea emphasized the “need to draw up a consolidated, definitive plan of action.” Subsequently, Metro Manila, Laguna, Cavite, Rizal, and Bulacan were placed under modified enhanced community quarantine (MECQ) from August 4 to 18.22 This global crisis highlighted the deeply rooted

selective justice in our country. While activists are arrested for alleged violation of community quarantine guidelines, several National Capital Region Police Office (NCRPO) cops who gather in celebration of their chief ’s mañanita were never held accountable for disregarding quarantine protocols. This exposes that those entrusted by the public to enforce the regulations cannot even set themselves as the prime examples of compliance. The national government’s response was also criticized for veering away from the proper public health approach. Dr. Gene Nisperos of the University of the Philippines - College of Medicine raised that instead of taking on a public health approach, the government ended up framing the response into a “discipline narrative.”23 An overkill response also caused the death of ex-military

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Winston Ragos, who was unarmed when he was shot to death by a policeman after an altercation at a quarantine control point. Amidst the confusion, this health crisis reveals more and more the reality we are part of. It is the truth that the malfeasance of our public officials weakens the very institutions that play a crucial role in these times of crisis, and the rampant impunity worsens the problem. These disgusting examples of selective justice only show that the gangrene of state oppression and public incompetency emanates an undeniable stench. A stench no amount of whitewashing can remove nor totally hide. Simultaneous to the current pandemic, there is something else looming in our midst—the probability of a different form of crisis. Two recent events exposed our beleaguered civil and political rights: the controversial denial of the ABS-CBN Corporation’s application for broadcasting franchise and the passage of Republic Act No. 11479, otherwise known as the Anti-Terrorism Act of 2020. These actions by the government were slammed by members of the media and human rights activists for being carried out at a time of national crisis. Many have also seen these as clandestine efforts of subduing dissent. In the middle of a national crisis, a group of local executives, push for Charter change in a bid to remove term limits. Are the symptoms all too familiar? What lies ahead The new normal has taken a toll to many of us. Time for work or school, as the case may be, overlaps with the time we spend at home tending to blur the distinction. Social interaction has been way different than before. Restrictions in activities pose both physical and mental health risks. Nonetheless, we have no choice but to adapt and carry on. At the same time, the long-standing realities remain. With the current state of our healthcare system, health workers and professionals, steadfast in their noble duty, continue to bear the brunt of this pandemic aggravated by other factors. A large number of Filipinos are left to fend for themselves as the conditions get harder. Another painful year for students who would be forced to drop out from school. The ordinary Filipino still has to toil in order to survive and of course, pay for the national government’s burgeoning P 9.05 trillion outstanding debt.24

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Perhaps several of us still fail to realize the worsening repercussions of this crisis from our privileged point of view. May we not realize it too late because of indifference or delusional loyalty. Failure to act accordingly to the times will be our own undoing—only to find out later that we were on the wrong side of history. Indeed, we are facing a generation-defining era wherein our acts and inactions today will later define our society. Life, liberty, and property are threatened by natural and man-made menaces. Our apathy during this crisis will only abet the opportunism of unscrupulous men in power. Our collective attitude today will either make or break us as a people. The virus is not the only enemy. In a time like this, we could look back at the problems our nation faced and be reminded of our admirable resilience. However, the Filipino resilience has its limits. This COVID-19 outbreak will later on pass, yet our nation will continue to be diagnosed, corrupted. Disasters and calamities come and go, but incompetence and greed remain. These have survived generations and regimes and placed men into thrones perpetuating the system. A system that has been subduing us into destituteness. We may hold high our hopes in times of crisis, but we cannot deny that our resilience has long been taken advantage of. In every crisis, our salvation relies on one thing—our solidarity. The blunders during this global pandemic serve as reminders for us to work together towards addressing this predicament. After all, what's at stake is our very survival.◾

References: 1 World Health Organization. (2020, May 9). Coronavirus disease (COVID-19) in the Philippines. Retrieved from World Health Organization: https://www.who.int/philippines/emergencies/ covid-19-in-the-philippines 2 Lopez, V. (2020, March 9). Duterte convenes inter-agency body as COVID-19 cases rise to 20. Retrieved from GMA News Online: https://www.gmanetwork.com/news/news/nation/728975/ duterte-convenes-inter-agency-body-as-covid-19-cases-rise-to-20/ story/ 3 Talabong, R. (2020, March 26). Fighting coronavirus: How Manila stays ahead of the curve – for now. Retrieved from Rappler: https://rappler.com/newsbreak/in-depth/how-manila-stays-aheadcoronavirus-curve-for-now 4 Alindogan, J. (2020, April 12). Philippines: Valenzuela city begins mass localised testing. Retrieved from Al Jazeera: https://www. aljazeera.com/news/2020/04/philippines-valenzuela-city-beginsmass-localised-testing-200411203022883.html 5 Clarin, A. (2020, March 21). Pasig, Marikina praised for COVID-19 response. Retrieved from Bulatlat: https://www.bulatlat. com/2020/03/21/pasig-marikina-praised-for-covid-19-response/ 6 ABS-CBN News. (2020, March 19). Pasig buys disinfection drones, turns motels to quarantine and staff lodging: Vico Sotto. Retrieved from ABS-CBN News: https://news.abs-cbn.com/ news/03/19/20/pasig-buys-disinfection-drones-turns-motels-toquarantine-and-staff-lodging-vico-sotto 7 Manila Standard. (2020, March 19). Muntinlupa sets stricter rules on quarantine. Retrieved from Manila Standard: https:// manilastandard.net/lgu/ncr/320031/muntinlupa-sets-stricter-ruleson-quarantine.html 8 Research Institute for Tropical Medicine. (March, 11 2020). RITM strengthens subnational labs, COVID-19 response. Retrieved from Research Institute for Tropical Medicine: http://ritm.gov.ph/itmstrengthens-subnational-labs-covid-19-response/ 9 Tomacruz, S. (3, April 2020). Duterte fires PACC Commissioner Luna for pushing probe vs Robredo. Retrieved from Rappler: https://rappler.com/nation/duterte-fires-pacc-commissionermanuelito-luna 10 Magsino, D. (2020, April 2). Medical City denies raid of its PPEs. Retrieved from GMA News: https://www.gmanetwork. com/news/news/nation/732319/medical-city-denies-raid-on-its-ppes/ story/ 11 de Vera, B. O. (2020, July 13). Study: 8M Filipinos to lose jobs as virus overwhelms economy. Retrieved from Inquirer.net: https://business.inquirer.net/302441/study-8m-filipinos-to-lose-jobsas-virus-overwhelms-economy

12 Ordinario, C. (2020, July 21). IBON suggests new tack in govt’s cash aid program. Retrieved from BusinessMirror: https:// businessmirror.com.ph/2020/07/21/ibon-suggests-new-tack-in-govtscash-aid-program/ 13 Mirasol, P. (2020, May 25). Farmers and fisherfolk share Covid-19 stories from the field. Retrieved from SparkUp BusinessWorld: https://www.bworldonline.com/sparkup-communityfarmers-and-fisherfolk-share-covid-19-stories-from-the-field/ 14 As of July 28, 2020 15 As of July 13, 2020 17 Domingo, K. (2020, June 11). After P8-B realignment, DepEd asks DBM: 'No further' budget cuts for COVID-19 countermeasures. Retrieved from ABS-CBN News: https://news.abscbn.com/news/06/11/20/after-p8-b-realignment-deped-asks-dbmno-further-budget-cuts-for-covid-19-countermeasures 18 World Health Organization. (2020, August 4). Philippines Situation. Retrieved from World Health Organization: https:// covid19.who.int/region/wpro/country/ph 19 World Health Organization. (2020, August 4). China Situation. Retrieved from World Health Organization: https:// covid19.who.int/region/wpro/country/cn 17 Talabong, R. (2020, March 26). Fighting coronavirus: How Manila stays ahead of the curve – for now. Retrieved from Rappler: https://rappler.com/newsbreak/in-depth/how-manila-stays-aheadcoronavirus-curve-for-now 20 Jiao, C. (2020, July 28). Philippine Hospitals in ‘Warning Zone’ as Cases Keep Rising. Retrieved from Bloomberg: https://www. bloomberg.com/news/articles/2020-07-28/philippine-hospitals-inwarning-zone-as-cases-keep-rising 21 Barcelo, V., Zurbano, J. E., & Cruz, M. V. (2020, August 2). Frontliners plead for ‘timeout’. Retrieved from Manila Standard: https://manilastandard.net/mobile/article/330241 22 Tomacruz, S. (2020, August 3). After frontliners' plea, Duterte reverts Metro Manila to MECQ starting August 4. Retrieved from Rappler: https://rappler.com/nation/after-frontlinersplea-duterte-reverts-metro-manila-mecq-starting-august-4-2020 23 Sabillo, K. (2020, June 25). Experts lament Philippines' 'militaristic' approach vs. COVID-19 pandemic. Retrieved from ABS-CBN News: https://news.abs-cbn.com/news/06/25/20/expertslament-philippines-militaristic-approach-vs-covid-19-pandemic 24 de Vera, B. O. (2020, July 29). P83,239: Each Filipino’s share of P9.05T debt as of end-June. Retrieved from Inquirer: https:// business.inquirer.net/303886/p83329-each-filipinos-share-of-p905t-debt-as-of-end-june

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who owns the media By ALEXANDRA ERIKA ANG

March 30, 1995

September 29, 1999

June 11, 2006

ABS-CBN Corporation’s franchise is approved through Republic Act No. 7966, with an expiration date of March 30, 2020. It is the country’s largest entertainment and media group.

ABS-CBN offered 132,000,000 Philippine Depository Receipts (PDR) relating to 132,000,000 ABS-CBN shares. Each PDR was issued for a total consideration of Php 46.00, which consists of a deposit of Php 45.90 and a PDR option price of Php 0.10.

ABS-CBN intended for an early renewal of their franchise, but later withdrew its application.

At 7:52 pm of May 5, 2020, ABS-CBN signed off the air after a cease and desist order was issued to immediately shut down the network's broadcasting operations. Two months later, on July 10, the House of Representatives’ Committee on Legislative Franchises denied its application for a broadcasting franchise. This was the climax of a months-long battle over the network's franchise renewal. What is arguably one of the country's primary source of news and entertainment is now just a black screen. NTC's cease and desist order covered the 42 television stations operated by ABS-CBN, and several radio stations including DZMM and MOR. On one side, the shutdown of ABS-CBN is the final nail on the coffin, sealing the lips of its journalists, and an attack on free speech and expression with the added injury of 11,000 Filipinos being put out of jobs. On the other, it is the government exercising its duty to enforce the law against a corporation that has seemingly failed to abide by the constitutional requirement of full Filipino ownership of broadcasting mediums. The Issues While observing the events that took place, it is difficult to discern such without injecting a bit of personal bias on the matter. Such is the effect of having a problem so convoluted with politically-charged interests and allegiances. While one may see this as an authoritarian act of silencing political dissent, others may see it as a stand against monopolies and corporate greed. Regardless of one’s opinion on the matter, legally speaking, we can narrow down the discourse into three main issues: First, did ABS-CBN violate the terms of its franchise, specifically on the provision that it should be 100% Filipino owned? Second, can it still operate beyond 34 | The Red Chronicles

the expiration of its franchise? Lastly, should its franchise be renewed? On the matter of ABS-CBN’s ownership, we should look no further than the 1987 Constitution. Article XVI, Section 11 of the 1987 Constitution states, “the ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.” Clearly, the framers of the Constitution intended that control and management of mass media corporations should be under Filipinos. SEC-OGC Opinion No. 1114, dated June 2, 2014, justifies such strict requirement to prevent the use of mass media by aliens to influence public opinion to the detriment of the best interest of the nation. After all, mass media, in its name alone, is a medium used to disseminate information to the people and, in contemporary understanding, should encompass technology that was not present during the drafting of the Constitution. Where did the conflict begin? We go back to September 29, 1999, when ABS-CBN offered PDRs to foreign investors. If PDRs sound vaguely familiar, it is because other high-profile mass media corporations such GMA and, more recently, Rappler have been embroiled with the same controversy involving this somewhat loophole to the constitutional bar. The Philippine Stock Exchange defines PDRs as a “security which grants the holder the right to the delivery of sale of the underlying share. PDRs are not pieces of evidence or statements, nor certificates of ownership of a corporation.” While a person who purchases a PDR does not become a stockholder of the issuing company, they still may become one should they elect the option

A Quick Timeline Leading to the ABS-CBN Franchise Renewal Dilemma April 27, 2017

February 10, 2020

February 24, 2020

President Duterte said he would formally block the renewal of ABSCBN’s franchise after accusing the company of swindling. In addition to the channel not playing his campaign advertisement before the 2016 elections, ABS-CBN had aired an advertisement—paid for by Senator Antonio Trillanes IV—of Duterte making controversial statements.

The Office of the Solicitor General filed before the Supreme Court a quo warranto petition questioning the current franchise of ABS-CBN Corp and its subsidiary, ABS-CBN Convergence Inc.

The Senate held a hearing tackling the franchise renewal, inquiring on the company’s compliance with its franchise terms. The Bureau of Internal Revenue (BIR), the Department of Labor and Employment (DOLE), and the National Telecommunications Commission (NTC) cleared ABSCBN of any penalty.

to have the shares represented by such PDRs delivered and sold to them. While there is yet a clear answer as to whether PDRs should be included in contemplating the ownership of a corporation, it is still obvious that PDRs are pieces of evidence of credit, and proof that the corporation had accepted monetary investment to be used for their operations. It also bears mentioning that PDR holders, while not shareholders, receive dividends from ABS-CBN Holdings. In the absence of a law that clearly states that PDRs sold to foreign investors are tantamount to foreign ownership, or jurisprudence from which we can base a definitive answer, we would have to wait on the courts for their ruling or for Congress to pass the necessary legislation. As to the issue on whether ABS-CBN may still continue to operate beyond the expiration of its franchise, the answer would be both yes and no. As a corporation, they may still continue to operate their business as a film and television production house, talent development center, and other ventures it is engaged in. What is prohibited is operating as a mass media entity, broadcasting their content on Philippine airwaves. Such prohibition is enshrined in Article VI, Section 16 of Republic Act 7925 or the “Public Telecommunications Policy Act of the Philippines” which states, “No person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.” What is clear under the law is that it is the Congress that has the power to review franchises. There should be no reason for the renewal to be denied should ABS-CBN’s petition be in correct form and they find that there are no anomalies and violations, specifically as to the ownership of the corporation. Nevertheless, Congress concluded

otherwise, and found the media giant unworthy of the legislative franchise. There is no explicit legal provision stating that the approval is based on the pure discretion of Congress. The law merely provides that it is the only body that may grant the said public franchise. Those opposing ABS-CBN's franchise renewal, notably Federation of International Cable TV and Telecommunications Association of the Philippines (FICTAP), brought up the issue of ABS-CBN renewing the franchise for multiple "channels" whereas the franchise granted to the network in 1995 only speaks of "one channel". However, it had been explained that in the advent of digital broadcasting, having multiple channels on one frequency, which is what a franchise actually grants the use thereof, has been made possible. Certainly, the plurality of mass media is not only important, but also necessary in a democratic society. To quote Dean Melencio Santa Maria of Far Eastern University Institute of Law, "a franchise may be a privilege, but when it enhances a higher value in the exercise of our democratic rights - such as freedom of expression, speech, and the press - its renewal deserves immediate attention." The media we consume both informs the public and shapes public opinion. We have seen it influence political views. In the same vein, we have witnessed mass media criticize and remove the very people it had put into power. While some may see the shutdown of ABS-CBN as finally taking down the mass media conglomerate, if anything, it has lit a fire in the bellies of all of those who continue to fight for the 11,000 ABS-CBN employees and for press freedom. The struggle is not an ordinary one. This fight is far from over.◾ The Red Chronicles | 35

The Landless Lumad By JUAN MIGUEL F. LOPEZ

Nearly five years ago, Emerico Samarca, school director of Alternative Learning Center for Agriculture and Livelihood Development (ALCADEV), an educational institution dedicated for the Lumad indigenous people, was killed. He was tied like a pig, throat slit, and stabbed to death. It was in the morning of September 1, 2015 when he was found in a classroom lying, drenched on a puddle of his own blood. Among those killed on that fateful morning were tribal leaders Dionel Campos and Datu Aurelio Sinzo, who were gunned down in front of villagers. 1 Campos was the chairperson of Malahutayong Pakigbisog Alang sa Sumusunod (MAPASU), a Lumad organization protesting mining operations, plantations and land conversions. 2 Based on eyewitnesses, they were murdered by military-backed paramilitaries. Almost half a decade has passed and still, no justice. Lumad, pertaining to a Visayan term meaning “native” or “indigenous,” is a generic name adopted by a group of nineteen Mindanao ethnic groups during their Cotabato Congress back in June 1986 in order to distinguish them from other Mindanaoans. 3 They are found in Cotabato, Davao, Bukidnon, Agusan, Surigao, Saranggani, and Zamboanga del Sur. The murder of the three Lumad leaders was the prelude to the mass evacuation of several Lumad communities out of fear. It was the watershed moment that led to a series of nationwide protests in solidarity with the aggrieved minority. The Manilakbayan, a caravan, consisting of hundreds of Lumad from various tribes, travelled towards the nation’s capital to raise their protest against the killings. Amidst the constant threat of militarization and destruction of their ancestral lands, they have continuously fought for their survival as a people—this also includes their right to pursue operating their schools. It is ironic that the Indigenous Peoples Rights Act of 1997(IPRA) has been the source of much discontent for the Lumad. Bribery and deception are commonly used in order to deprive them of their rights over lands and resources, and if such fail, paramilitary and state forces come in to coerce them. The IPRA requires free, prior and informed consent of the tribal community for any project or group to enter indigenous territories. However, according to Kalipunan ng Katutubong Mamamayan ng Pilipinas (Katribu), this process has been manipulated by National Commission on Indigenous Peoples (NCIP) officials favoring mining, energy and agribusiness companies.4 But how can a law that supposedly protects the interests of the IP allow loopholes that usher in land grabbing and irresponsible extraction of natural resources? 1 Alconaba, N. (2015, September 15). ‘Lumad’ evacuees recall day of killings. Retrieved from Inquirer.net: https://newsinfo.inquirer.net/721940/lumad-evacuees-recall-day-of-killings 2 MindaNews. (2015, September 1). Lumad school director, 2 others killed in Lianga, Surigao Sur. Retrieved from MindaNews: https://www.mindanews.com/top-stories/2015/09/lumad-school-director-2-others-killed-in-lianga-surigao-sur/

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It is surprising that despite the abundance of natural resources in Mindanao, it is home to hundreds of thousands of the Filipino poor. Much are attributed to decades of exclusion amidst the continuous exploitation of its precious natural wealth by abusive corporations partnered by the state’s military might. Although development brought about by sprawling infrastructure projects throughout the island echo the Mindanaoans’ long dream of further inclusion to national progress, the marginalized Lumad continues to struggle inclusivity in the most basic sense in today’s 21st century. Even though indigenous peoples consist of less than five percent (5%) of the world’s population, they account for the fifteen percent (15%) of its poorest.5 It is not uncommon for our indigenous people to become mere collaterals to the nation’s pursuit of “development.” While land means profit to multinational corporations, it means life to the Lumad. Gone were the days when our senators would stand side by side with tribal leaders in solidarity to their cause. We could now only see this scene in black and white, in a photograph taken decades ago, when old men Diokno and Tañada went to the mountains of Kalinga to join the protests against the construction of the proposed Chico River Dam project. Macli-ing Dulag, a respected Kalinga leader and staunch advocate against said project, was later assassinated by the armed forces of the Marcos regime, leading to widespread condemnation of the dam. It was never built. But it was paid for in blood. But what does the Lumad’s plight teach us? Some may have thought that they have been caught in a crossfire, that they are mere victims even in peace. Yet the truth is, they have long been part of the conflict—a conflict that is inflamed by the killings of the innocent and desecration of their ancestral lands. They are belligerents in a war against their own decimation in a changing world. They have been successful in preserving their own culture amidst the intrusions of the modern world and it would be natural for them to resist exploitation. With every acre of land plundered, the more the Lumad will be restless. From every Lumad son or daughter that is orphaned because of development aggression, a freedom fighter is born. The more the Lumad is deprived of his or her right to proper education, the more he will seek for answers, and the more he will question the system. The Lumad has been fighting for their land, life, and justice for years and will continue to do so.◾ 3 Guillermo, A. R. (2012). Historical Dictionary of the Philippines (Third ed.). Lanham: Scarecrow Press, Inc. 4 Ayroso, D. (2016, August 4). ‘Indigenous peoples law violated our collective rights’. Retrieved from Bulatlat: https://www.bulatlat.com/2016/08/04/indigenous-peoples-law-violated-our-collective-rights/ 5 IUCN Director General’s Statement on International Day of the World’s Indigenous Peoples 2019. (2019, August 9). Retrieved from International Union for Conservation of Nature (IUCN): https://www.iucn.org/news/secretariat/201908/iucn-director-generals-statement-international-day-worlds-indigenous-peoples-2019

U.S.-IRAN USE OF FORCE: RETALIATION OR SELF-DEFENSE? By FRANCHEZKA MAE CELIS

Tensions between the United States and Iran escalated when U.S. President Donald Trump ordered the drone strike in Iraq that killed Iranian military commander Qasem Soleimani last January 3, 2020. The U.S. justified that such an attack was made to deter future Iranian attack plans, and claimed that it acted in self-defense to prevent real and imminent threats.1 However, the American government has not yet publicly presented evidence of impending attacks as their legal basis for such drone strikes.2 Iran responded to the strike that killed Soleimani by launching ballistic missiles against the U.S. military bases in Iraq last January 8, 2020, fueling the fire. No one was killed, but there was damage to property. Iran argued that the U.S. attack was an “act of war”, and as such, the Iran’s Islamic Revolutionary Guard Corps announced that “the fierce revenge by the Revolutionary Guards has begun.” Also, Iran mistakenly shot down a Ukrainian passenger jet, attributing it to a fear of U.S. aggression. All one hundred seventy-six people on board were killed. With this exchange of armed attacks, it must be emphasized that international law recognizes the autonomy of every state and its right to be free from coercion and its entitlement to the integrity of its territory. This basic principle is provided in Article 2(4) of the United Nations Charter: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” This prohibition is not limited to the use of force, but also to the threat of force. Nevertheless, this prohibition cannot guarantee compliance. Thus, Article 51 of the U.N. Charter provides that if and when a State is a victim of an actual or imminent unlawful armed attack, it may take necessary defensive measures to protect itself, and must notify the United Nations Security Council (UNSC) of such to take action necessary to maintain international peace and security.

1 Oona A. Hathaway, “The Soleimani Strike Defied the U.S. Constitution,” The Atlantic. January 4, 2020, https://www.theatlantic. com/ideas/archive/2020/01/soleimani-strike-law/604417/ 2 “Soleimani attack: What does international law say,” BBC News, January 7, 2020, https://www.bbc.com/news/world-51007961

The entitlement to resort to self-defense is subject to the conditions of necessity and proportionality. Necessity determines whether defensive force may be used to respond to an actual or imminent armed attack, and where it must be directed. Proportionality pertains to how much force is permissible. Such conditions are important to strike a balance between the rights and interests of the defending state to defend itself from the armed attack; the attacker to be protected from excessive defensive measures and the international community. Both the U.S. and Iran, in recent events, used the doctrine of self-help or self-defense in justifying its use of force through armed attacks. Such invocation does not automatically justify a state’s use of military force absent a reasonable basis to justify the use of force. The shifting reasons and unclear justifications that pushed the U.S. to launch the attack on Soleimani puts ambiguity and doubt as to its claim of self-defense.3 Thus, it is essential to prove a compelling case that it made a credible assessment—that its attack was necessary to prevent another imminent and unlawful attack on U.S. military personnel or facilities to the extent that no reasonable time is left for nonviolent measures to prevent such threat. As for Iran, it is illegal for it to threaten to launch a military attack to vindicate Soleimani’s death. Its launched attacks, even if they argue that such is in accordance with international law and the doctrine of self-help, could easily be viewed as acts of retribution and not as reasonable defensive measures. Both Iran and the United States should be scrutinized regarding the information and claims that led to their respective assessments and determinations—that their attacks were necessary in order to prevent subsequent imminent uses of force by their antagonist. Otherwise, such attacks should be condemned for being violative of international law.◾ 3 Aaron Rupar, “Pompeo’s shifting reasons for killing Soleimani puts the strike on shaky legal ground,” Vox, January 7, 2020, https:// www.vox.com/2020/1/7/21054913/pompeo-soleimani-strike-imminent-threat-shifting-rationale

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Trial of the Decade Finally Comes to an End Ampatuan Family Clan Convicted for Maguindanao Massacre By ANNELYSE ANDAL

After ten long dreadful years, Judge Jocelyn SolisReyes of the Regional Trial Court, Quezon City, rendered a 761-page judgment with regard to what has been dubbed as the Philippines’ trial of the decade and the worst case of election-related violence in the country’s history.1 According to the Committee to Protect Journalists (CPJ), the said mass killing in Maguindanao was the single deadliest single attack on journalists and media workers documented, which propelled the country to the third spot on CPJ’s Global Impunity Index in 2010.2 In this article, we look back on one of the most atrocious massacres ever committed in the Philippines involving issues of thirst for power and authority, political dynasties, and clan rivalry. The Family Meetings In the statement of Lakmodin Saliao, a trusted servant to the Ampatuan Family, who offered his services to then Maguindanao Governor Andal Ampatuan Sr., six days before the massacre, Ampatuan Sr. brought together his supporters and family, specifically his sons, Unsay, Zaldy, and Sajid Ampatuan, to discuss their plan to stop Esmael “Toto” Ma n g u d a d a t u from running against Unsay in the 2010 gubernatorial race in Maguindanao. According to Saliao, Unsay answered with, “Madali lang yan, Ama. Patayin sila lahat kapag pumunta sila dito”. Before leaving, Andal Sr. again asked his family whether they approved of killing the Ma n g u d a d a t u convoy, wherein 38 | The Red Chronicles

the Ampatuan family horrifyingly laughed in synchrony as a sign of agreement. On the eve of the massacre, another meeting was called to discuss the execution of the murders. The Day of the Massacre On the morning of November 23, 2009, relatives and supporters of Mangudadatu were heading to the provincial capitol of Maguindanao to file a certificate of candidacy as governor on his behalf. Since Mangudadatu received numerous death threats, he sent his pregnant wife and other female relatives and supporters, believing that nothing will happen to them because Muslim culture dictates that they cannot be hurt, as they are women. He also requested the assistance of journalists, believing that they would not be harmed if they are being closely watched by the media. However, as they were driving along the town of Ampatuan, they were stopped at a checkpoint. In the testimony of witness Sukarno Badal, upon reaching the mountain of Masalay, the victims were asked to descend from their vehicles and were shot successively by Unsay and his a r m e d men. After which, they fired at the journalists who were in their vans as they refused to alight when they were ordered to do so. After the passengers were gunned down, Unsay commanded

Badal to finish them. They inspected whether the victims were still alive, and subsequently killed those who were still breathing. Another witness, Akmad Abubakar Esmael, a farmer who was almost killed by Datu Unsay, testified that he saw that more than fifty people were killed in the shooting incident which lasted for more than one hour. The witness maintained that after Datu Unsay ordered the firing, the armed men followed with rapid and continuous gunshots. Despite the noise, the witness was able to hear the victims pleading for their lives. After which, the armed men gathered and stacked together the dead bodies. The witness saw a backhoe at the location where the dead bodies were piled, which was used to drop the dead bodies into the pit together with the vehicles that were used by the victims in the convoy. The Decade-long Legal Battle The case was seen as a test of integrity of the justice system.3 As the case has dragged on for ten years, eight of those who were accused have passed away since then, including Andal Ampatuan Sr., thereby extinguishing their criminal and civil liability pursuant to Article 89, paragraph 1 of the Revised Penal Code. Moreover, around eighty suspects, fifteen of them bearing the surname Ampatuan, remain at large until today. Furthermore, at least four witnesses were killed before testifying, and family members of the victims reported that they were offered money to withdraw from the case, as well. In an interview with BBC News, the International Press Institute mentioned that “observers have argued that the power of the Ampatuan family and its extensive network of allies and contacts in itself constitutes a threat to the proceedings.”4 The RTC Decision In People vs. Datu Andal “Unsay” Ampatuan Jr., et al.,5 the court found twenty-eight people guilty of 57 counts of murder, included herein are two of the Ampatuan brothers, Zaldy and Unsay, who were sentenced to suffer the penalty of imprisonment of reclusion perpetua without parole. Additionally, fifteen people were convicted for being accessories to the crime and were sentenced to suffer the indeterminate penalty of imprisonment for six years of prision correccional as minimum to ten years and eight months of prision mayor as maximum. Lastly, 56 people, including another Ampatuan brother and incumbent Maguindanao Mayor Sajid, were acquitted. Among the pieces of evidence that lead to the conviction of the Ampatuan clan were the backhoe, which was used to bury the bodies and the vehicles, as well as the call records and text messages amongst the victims who were pleading help from their family and friends minutes before the mass killings took place, and identifying the people that blocked their way as the men of the Ampatuans. Moreover, considered in the judge’s verdict were the eyewitness accounts, which were substantial to the resolution of the case in favor of the deceased and their heirs.

However, the court only convicted the accused of 57 counts of murder instead of 58, since the remains of photojournalist Reynaldo Momay, the supposed 58th victim, is nowhere to be found. Only the upper denture was found at the site of the massacre, which allegedly belonged to the victim. With this, the court held that the prosecution was not able to sufficiently establish the death of the victim and cannot grant any damages to his heirs. The Struggle for Justice Continues While it seems that the long wait is finally over, the families of the deceased may not entirely share the same sentiment. There are no sighs of relief from the aforementioned families, as they continuously fear probable retaliation from those who were recently acquitted by the court, as well as those who are now fugitives of justice. The legal battle continues, as those convicted, specifically Unsay and Zaldy, questioned the decision rendered by the RTC, casting doubt on the credibility of star witness Sukarno Badal. Moreover, Zaldy asked the court for him to be transferred to the New Bilibid Prison Infirmary due to his failing health.6 The heirs of Momay also asked the Court of Appeals to recognize him as a 58th victim of the massacre. Although the trial of the decade seemed to have come to an end with the promulgation of judgment against the Ampatuan dynasty, the search for justice continues as the heirs of the family remain hopeful for a favorable closure to this agony, as the convicted parties seek their respective appeals, and that those responsible would finally be arrested and prosecuted correspondingly.7 Herewith, we continue to remember and that we may never forget the lives of the people that were taken in such gruesome and horrific crime--- the Mangudadatu family, lawyers, supporters, and journalists. Finally, that we remain steadfast in prayer for the peace and safety of those they have left behind.◾

1 People of the Phlippines vs. Datu Andal “Unsay” Ampatuan, Jr., et al. Criminal Case Nos. Q-09-162148-72/ Q-09-162216-31/ Q-10162652-66/ Q-10-163766/ GL-Q-12-178638 2 Witchel, E. (2019, December 19). Ten years of justice in Maguindanao case is too long: We can do better. Committee to Protect Journalists. Retrieved from https://cpj.org/blog/2019/12/ten-yearsjustice-maguindanao-massacre-impunity-journalists.php 3 Johnson, H. (2019, December 19). Maguindanao: Philippine family clan members guilty of massacre. BBC News. Retrieved from https://www.bbc.com/news/world-asia-50770644 4 Johnson, H. (2019, December 19). Say yes or get killed. BBC News. Retrieved from https://www.bbc.com/news/world-asia-50770644 5 People of the Phlippines vs. Datu Andal “Unsay” Ampatuan, Jr., et al. Criminal Case Nos. Q-09-162148-72/ Q-09-162216-31/ Q-10162652-66/ Q-10-163766/ GL-Q-12-178638 6 Navallo, M. (2020, January 02). Citing poor health, Zaldy Ampatuan wants to move to Bilibid infirmary. Retrieved from https:// news.abs-cbn.com/news/01/02/20/citing-poor-health-zaldy-ampatuanwants-to-move-to-bilibid-infirmary 7 Gregorio, X. (2020, January 2). Ampatuans head to CA to appeal Maguindanao massacre convictions. CNN Philippines. Retrieved from https://cnnphilippines.com/news/2020/1/2/Ampatuans-appealMaguindanao-massacre-convictions.html?fbclid=lwAR2

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P U S M O T T BO DOWN SOUTH Article and Photos by MARIA CHARMAINE MAGHIRANG

[Editor’s note: The article was written before the COVID-19 pandemic, the current availability of the establishments may vary. Readers are reminded to practice minimum health standards such as social distancing and washing of hands and be mindful of the regulations set by the National and Local Government]

Our week can get pretty busy with all the deadlines and pressures from our pending responsibilities, but we owe it to ourselves to have a good time every once in a while. Whether it be an overnight staycation, a fancy dinner, a weekend hobby or a night out drinking with friends, it is always a good idea to give ourselves a break. With traffic jams that hinder us into having a good time, going up to the northern side of the Metro is rather burdensome. So for all you “south” peeps out Up next on this list is Nuevo Food and Drinks—a there, if you’re looking for a relaxing night out nearby, bar nestled at San Pedro, Laguna. This watering hole is a here’s a list of pubs, bars, and hangout places that you popular spot to meet with your friends, drink some beers, and your friends can explore to chill and unwind. cocktails, and listen to some live music. The place gives off a chill vibe with its open area, where it gets a little breezy at night. They offer a variety of local drinks, hard drinks on the rocks, cocktails, and mocktails. A bit of an insider tip: their mozzarella cheese sticks is a must! Also, they have a KTV room that you can rent if you want to sing your heart out, which is a nice way to have a little bit of fun on a tight budget.

Nuevo Food and Drinks

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TAS Roofdeck

If you are the type who is into letting everyone know your whereabouts through social media posts, then this place suits you. One of the most Instagramable places in town is TAS Roofdeck, located at 31 Aguirre Ave., BF Homes Parañaque. With its cool roof deck ambiance and light bulb accents, it will surely give you a rustic vibe that will set the mood for some relaxation. This trending spot boasts a view of the busy avenue while you enjoy your drinks. Adding up to its excitement are the food selections that they offer. They have signature wraps and skewers that will surely fill up your growling tummy. It matches well with the drinks and mocktails that they serve. A bit of a tip here- if you’re in for a long night of catching up, try their popcorn too! They have dips that go with it!

Barcino

If you’re looking into something classy, Barcino is the place to be. Wine night is definitely a thing now! Order some classic red wine, match them off with your favorite paella and a bunch of inside jokes with your most treasured amigos and amigas, you will surely have a great time spending your weekend chilling at this place. It is quiet, mostly reserved, and has a great touch of Spanish feeling into it. Get the classic red Sangria, but you can also try the white one. Why not both? 40 | The Red Chronicles

Bugsy’s Bar & Bistro

If you’re into sports bars, Bugsy’s is a must try. They have booths that can accommodate large groups, and a bar bench where you can be all friendly with their bartenders. Located at the heart of Westgate Alabang, they have the most welcoming staff. Try befriending them well- they might give you an off-the-menu drink or even mix-up something unique to cater your taste. On football nights, this place is packed with die-hard fans, so if you’re ready to cheer for your favorite team, come and visit this place once in a while.

The Perfect Pint

Also within Molito, Alabang is The Perfect Pint, which offers twenty two exclusively crafted fresh tap beers. Their claim to fame: their beers are brewed to be different from grain to bottle. So if you’re craving for something different, and original brewed taps, this is the perfect spot for you. Maybe you can order yourself a pint or two. And if you’re still indecisive as to what to get, their friendly barista gives out a free taste of their tap collection. Just make sure not to get drunk with their free

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Tavern Asia

Incognito Music Bar

If you want to catch a bit of jazz music to cap off your weekend, this place is a hidden gem located below The Levels Alabang, a perfect clandestine spot where you can chill and enjoy a bit of jazz and some live band. They offer a variety of drinks too, but the best thing about this place is that since it is still slightly undiscovered, it is not crowded. You can always grab a good spot for you and your best pals.

The Tap Station

Somewhere further down from the Metro is The Tap Station at Twin Lakes Tagaytay. Just a few stretches from the city proper and you will reach this place in no time. The best thing about Tap Station is, of course, their tap beer. With twenty five tap beers to choose from, you will surely have a hard time deciding on what to drink. Interestingly, this place also has board games available for you and your peers to enjoy while hanging out. From the industrial decor to the speakeasy kind of vibe, this place will surely be a crowd favorite.

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One of the rather popular go-to places at BF Homes is Tavern Asia, popularly called as “Tav”. Usually jam packed on a Saturday night, this place serves our favorite local beers with a wide variety of food to choose from. They even offer group meals if you would like to bring in a bunch of your colleagues, or maybe just simply celebrate small wins with your closest friends. If you’re feeling a bit competitive for the night, you can play beer pong here too! Try to catch their happy hour promos for a cheaper funfilled experience.

Draft Restaurant & Brewery

Located at Molito Alabang, this gastropub offers a wide variety of the most popular European beers. They serve both fresh on tap and bottled drinks. They usually serve their drinks on tall chilled glasses. They also have the best plated food! Better to bring in a big appetite if you come by at this place. The south is a treasure trove of locations just waiting to be discovered for your enjoyment. These places on the list definitely hit the spot for your day of fun and relaxation.◾

taal eruption the aftermath realization By FEMME ANGELA C. ARMAMENTO

It was a gloomy Sunday afternoon when ashes started falling from the sky. It grew from zero to an alarming level of ash burst from Taal Volcano located in Batangas. It showered ashes in the municipalities nearby placing hundreds of citizens in danger. Looking back, Taal erupted forty-two years ago in October 1977, although several incidents of volcanic unrest were recorded in 2011, 2012, and 2014.1 The sudden eruption of the volcano and its thick ash plumes spewed quickly as it rose and reached Manila in a matter of days. What made it worse for the people to handle the said eruption were the series of earthquakes, with terrifying rumbling sounds occurring simultaneously, causing public officials to declare a state of calamity.2 As this was happening, people living within the danger zone fled to the nearest evacuation centers. Since the air was already polluted and the volcano’s thick ashes blanketed the nearby cities, authorities were caught off guard and could only do what they could as of the moment. In order to ensure public safety, classes were suspended and work and flight schedules were affected, as these hazardous ashes caused zero visibility in the areas surrounding Taal. Following the eruption, people called for action from the government to assist the victims with their immediate needs. It was reported that an emergency shipment of forty-two thousand (42,000) N95 masks, designed to filter out even the minute particles in the air, were given to the Philippine Red Cross in Manila.3 According to a Bloomberg report, the Philippine government distributed supplies, including one hundred thousand (100,000) protective facemasks, in and around the eruption zone.4 Together, prominent corporations such as the Ayala group, San Miguel Corporation, Pilipinas Shell, Mcdonald’s Philippines, Coca-Cola, SM Foundation, PLDT, Smart Communication, One Meralco Foundation, Megaworld, and Globe Telecom, launched

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relief initiatives of their own to give aid to the evacuees and affected communities. Most of which were medical assistance, packed goods, and other basic necessities. Free internet connection, charging stations, and others of the same nature were also provided by the said corporations.5 Health Secretary Francisco Duque III reminded the public to be informed by listening to the warnings and advisories from local authorities. Adverse health effects from a volcanic eruption could be avoided if said warnings are diligently heeded. Conditions, which may be experienced after exposure to volcanic ash and gases, include nose and throat irritation, coughing, bronchitislike illness, discomfort while breathing, eye irritation, and minor skin problems.6 Officials repeatedly reminded the general population to wear N95 masks to protect themselves from ashe particles, without which could harm their health. To note, however, further protection would not be possible without the help of the private sector in aiding the replenishment of the N95 masks that the government insufficiently supplied. Based on the World Risk Index 2012, the Philippines ranked third among one hundred seventy-three (173) countries most vulnerable to disaster risk and natural hazards. We experience an average of twenty (20) tropical cyclones each year, and other climatic and extreme weather aberrations, such as the El Niño phenomenon. These disasters strain government funds, with an average of P15 billion in annual direct damages. More adversely, this hampers the government’s poverty reduction efforts. To mitigate the effects of climate change and to ensure the effective implementation of disaster risk reduction, the government has put in place interventions to reverse environmental degradation, and to improve the resiliency of local communities. At the core of these interventions is the National Climate Change Action Plan, and the National Disaster Risk Reduction and Management Plan, which

were established to systematically integrate the various disaster risk management and climate change adaptation activities, coordination, and financing mechanisms of the government.7 Adam Minter of Bloomberg Opinion said that officials in the Philippines historically did not view disasters as recurrent problems worth mitigating or preventing. Rather, their focus was almost entirely concentrated on rapid response after the disaster. To finance the shift, the country’s main disaster fund is mandated to spend 70% on prevention, preparedness, and mitigation, with 30% allocated to quick response operations. Among other benefits, the funding enables local governments to invest in hazard monitoring and forecasting equipment, including tsunami detection stations and volcano observatories (including those watching the Taal volcano). Local governments mostly administer this spending, but since 2010 their disaster responses are monitored, integrated and supervised by a higher-level agency. This framework not only provides accountability, but also ensures that planning and response to large-scale disasters can be coordinated nationally. Civil society and religious organizations also play a grassroots role in disaster planning and response.W To this day, the Filipino people, who often carry the responsibilities of our government, are still longing for a time where improvements as to the efficiency and sustainability of calamity response programs shall surpass the shortcomings that burdened us in the past.◾

References: 1 (2020, January 16). TIMELINE: Taal Volcano's January 2020 eruption. Rappler. Retrieved from https://www.rappler.com/newsbreak/ iq/249503-timeline-taal-volcano-eruption-2020 2 Meyers, T. (2020, January 13). The Philippines’ Erupting Volcano is a Public Health Threat. Direct relief. Retrieved from https:// www.directrelief.org/2020/01/the-philippines-erupting-volcano-is-apublic-health-threat/ 3 Meyers, T. (2020, January 13). The Philippines’ Erupting Volcano is a Public Health Threat. Direct relief. Retrieved from https:// www.directrelief.org/2020/01/the-philippines-erupting-volcano-is-apublic-health-threat/ 4 Minter, A. (2020, January 16). Taal Volcano Is a Test of Philippines’ Disaster Plan. Bloomberg opinion. Retrieved from https:// www.bloomberg.com/opinion/articles/2020-01-15/taal-volcanoeruption-is-a-test-of-philippines-disaster-plan 5 (2020, January 18). Companies help communities affected by Taal Volcano eruption. Rappler. Retrieved from https://www.rappler. com/business/249600-companies-help-communities-affected-taalvolcano-eruption-january-2020 6 (2020, January 12). DOH WARNS PUBLIC ON TAAL ERUPTIVE ACTIVITY. Retrieved from https://www.doh.gov.ph/dohpress-release/doh-warns-public-on-taal-eruptive-activity 7 Official Gazette. Disaster preparedness. 8 Minter, A. (2020, January 16). Taal Volcano Is a Test of Philippines’ Disaster Plan. Bloomberg opinion. Retrieved from https:// www.bloomberg.com/opinion/articles/2020-01-15/taal-volcanoeruption-is-a-test-of-philippines-disaster-plan

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Law Updates 2019

By FRANCHEZKA MAE CELIS and KARL CARVAJAL

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New laws are enacted to cater to the changing needs and circumstances of the people in the country. As law students, we should keep ourselvesabreast onthe variouslegal developments. The following are some of the newlypassed laws that we could take note of:

Student Fare Discount Act (R.A. No. 11314) Under this law, Filipino students, from elementary to college, are granted 20% discount on all forms of land, air, and sea transportation, for the entire period they are enrolled, including weekends and holidays. Post-graduate students and those enrolled in short-term courses, such as dancing, swimming, music, and driving lessons, cannot avail the discount. For land transportation, the discount covers buses, jeeps, taxis, UV Express vans, tricycles, passenger trains like LRT and MRT, and transport network vehicle services (TNVS) like Grab. For air and sea travel, the discount is only available to domestic travel. For computation, the discount shall only apply to the base of the fare or the price of the ticket before taxes and costs for ancillary services are added.

Safe spaces Act (R.A. No. 11313)

NO CATCALLING ZONE

The Safe Spaces Act penalizes catcalling, sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless request for personal details, making sexual comments and suggestions, public masturbation, flashing of private parts, groping or any advances committed in public spaces such as alleys, roads, sidewalks, and parks. Hey Sexy! The penalty shall depend on the act and the number of offenses committed. The penalty includes paying a fine, attending community service, and/or imprisonment.

simulated birth rectification act (ra no. 11222) COMMUNITY SERVICE ACT (R.A. No. 11362) This law allows the rectification of simulated birth of a child for his “best interest” by “giving such child all the benefits of adoption and ensuring that the child shall be entitled to all the rights provided by law to legally adopted children, without any discrimination of any kind, as well as to love, guidance, and support from the child’s adoptive family.” It exempts from criminal, civil and administrative liability those who simulated the birth record of a child, provided that a petition for adoption with an application for the ratification of the simulated birth record is filed within 10 years from effectivity of the Act. In cases where one of the adopters is a foreign national married to a Filipino, the foreign national must have been residing in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and application for rectification of simulated birth record. 44 | The Red Chronicles

To help decongest the country’s jails, this law authorizes the courts, upon their discretion, to require community service instead of carrying out the penalties of arresto menor (imprisonment for 1 day to 30 days) and arresto mayor (imprisonment for 1 month and 1 day to 6 months). The courts will also specify the number of hours and the period within which to complete the service.

This privilege of rendering community service can only be availed of once. Rehabilitative counseling under the social welfare and development officer of the concerned city or municipality is also required. If the offender violates the terms of the community service, he will be ordered re-arrested and shall have to serve the full term of the penalty.

FIRST TIME JOBSEEKERS ASSISTANCE ACT (ra nO. 11261) R.A. No. 11261 mandates all government agencies and instrumentalities, local government units, and government hospitals not to collect fees or charges from first-timejobseekers applying for government documents necessary for employment in the country or abroad. The following governmentissued documents are covered by this law:

Police clearance certificate National Bureau of Investigation (NBI) clearance Barangay clearance Medical certificate from a public hospital (fees and charges for laboratory tests and other medical procedures will not be waived) Birth certificate Marriage certificate Transcript of academic records issued by state colleges and universities Tax Identification Number (TIN) Unified Multi-Purpose ID (UMID) card Other documentary requirements issued by the government that may be required by employers from job applicants Waiver of fees and charges shall not include those collected in connection with an application to take a professional licensure examination conducted by the PRC, Philippine passport authentication, application for Career Service Examination with the CSC, and for driver’s license. This privilege can only be availed once. To be eligible, a barangay certification stating that the applicant is a first-time jobseeker must be presented.

105-day expanded maternity leave law (ra no. 11210) Previously, the maternity leave is only 60 days for normal delivery and 78 days for caesarian operations. With the advent of this law, all covered female workers in the government and the private sector are granted 105 days of fully paid leave, with an option to extend for an additional thirty (30) days without pay. A female worker who qualifies under the Solo Parents’ Welfare Act as a solo parent shall be granted an additional fifteen (15) days maternity leave with full pay. Female workers, who suffered a miscarriage or had to undergo an emergency termination of the pregnancy, are allowed to have a 60-day maternity leave. Any female worker entitled to maternity leave benefits as provided may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whetherthe same is married to the female workeror not. In the death, absence or incapacity of the father, the mother can choose to allocate up to 7 days of her maternity leave benefits to a relative within the fourth civil degree of consanguinity or the current partner of the mother, so long as they share the same household.

AMENDMENT OF ARTICLE 96 (SERVICE CHARGES OF THE LABOR CODE (RA NO. 11360) As an amendment to Article 96 of the Labor Code, this law provides that service charges collected by hotels, restaurants, and similar establishments shall be distributed completely and equally among the covered employees, except managerial employees. This means that such employees are entitled to receive 100% of service charge collected from customers.

Prior to the enactment of the law, 85% of the service fees was given to employees while the remaining 15% was retained by the management. Under the law’s Implementing Rules and Regulations (IRR), the distribution of service charges should be based on actual hours or days of work rendered by employees. The shares shall be paid to the covered employees not less than once every two weeks or twice a month, an interval not exceeding 16 days.

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AMENDMENT TO THE NIRC (ra no. 11467) R.A.No.11467 amends provisions of the NIRC exempting from VAT the sale of prescription drugs for diabetes, high cholesterol, hypertension, cancer, mental illness, tuberculosis,and kidney diseases. It also provides for an excise tax on alcohol, tobacco, vapor, and nicotine products. It also provides that an ad valorem tax equivalent to 22% of the net retail price of Alcohol products be levied. It also levies (for alcohol products) a specific tax, to wit;

January 1, 2020 - P42.00/proof liter January 1, 2021 - P47.00/proof liter January 1, 2022 - P52.00/proof liter January 1, 2023 - P59.00/proof liter January 1, 2024 - P66.00/proofliter January 1, 2025 increase by 6% Everyyear, through revenue regulations to be issued by the Secretary of Finance.

For wines, an excise tax of P50.00/liter. The rate of tax imposed shall be increased by 6% every year thereafter, starting January 1, 2021. For fermented liquors, the tax shall be as follows; January 1, 2020 - P35.00/liter January 1, 2021 - P37.00/liter January 1, 2022 - P39.00/liter January 1, 2023 - P41.00/liter January 1, 2024 - P43.00/liter January 1, 2025 - increase by 6% every year, through revenue regulations to be issued by the Secretary of Finance.

For nicotine salt products, the tax shall be as follows; January 1, 2020 - P37.00/millimeter or a fraction thereof January 1, 2021 - P42.00/millimeter or a fraction thereof January 1, 2022 - P47.00/millimeter or a fraction thereof January 1, 2023 - P52.00/millimeter or a fraction thereof January 1, 2024 - increase by 5% every year, through revenue regulations to be issued by the Secretary of Finance.

For classic nicotine products, the tax shall be as follows; January 1, 2020 - P45.00/millimeter or a fraction thereof January 1, 2021 - P50.00/millimeter or a fraction thereof January 1, 2022 - P55.00/millimeter or a fraction thereof January 1, 2023 - P60.00/millimeter or a fraction thereof For heated tobacco products, the tax shall be as follows; January 1, 2024 - increase by 5% every year, through January 1, 2020 - P25.00/pack of 20 units or packaging revenue regulations to be issued by the Secretary of Finance. combinations of not more than 20 units. Lastly, it states the constitution of a Joint Oversight January 1, 2021 - P27.50/pack of 20 units or Committee on illicit trade on Excisable products. packaging combinations of not more than 20 units. January 1, 2022 - P30.00/pack of 20 units or packaging combinations of not more than 20 units. January 1, 2023 - P32.50.00/pack of 20 units or packaging combinations of not more than 20 units. January 1, 2024 - increase by 5% every year, through revenue regulations to be issued by the Secretary of Finance.

salary standardization law of 2019 (ra no. 11466) In accordance with the State Policy of providing a just and equitable compensation for all government personnel, R.A.No. 11466 was enacted into law. What the law does is provide for an increase in the compensation of government personnel. It also provides that a performance-based incentive scheme be established in order to reward exemplary civil servants and well performing organizations. Covered by the law are those civilian government personnel of the executive, legislative, and judicial branches, Constitutional Commissions, and other Constitutional offices, GOCCs not covered by R.A. No. 10149,and LGUs. It covers personnel that are regular, contractual or casual, appointive or elective; and on fulltime or part time.

There are, however, those which are not included, to wit: 1) Military and Uniformed Personnel; 2) GOCCs under RA 10149; 3) Those engaged through Job Orders, Contracts of service, consultancy or service contracts with no Employer- Employee relationship. A Mid-year bonus is to be granted to those who have rendered at least 4 months of satisfactory service and are still in service, to be given not earlier than May 15 of every year. To maintain the requisite legal knowledge and skill, we should be updated with the changes in the law and its practice. We could also avail of the benefits offered by these new laws and help disseminate such information to our family and friends.

EDUCATION WITH A PURPOSE:

An interview with Fr. Gerardo Ma. De Villa, OSB By STEPHANIE PAGDANGANAN

The new rector, Rev. Fr. Gerardo Ma. De Villa, OSB, is one of those rare individuals who exude not only the respectability of a person of his rank, but the humility and approachability of a priest, of which he had been for almost twenty-six years. He had served in Holy Orders and was an educator in both San Beda College Alabang and St. Andrew’s School in the Diocese of Paranaque. He muses that perhaps it was his experience in education which got him elected as rector of San Beda College Alabang. In San Beda College Alabang, he had been part of the committee that approved revisions in the mission statement. Flipping through copies of the old and new student handbooks, he compared the previous mission statement with the current. The earlier version surrenders everything to God, even man’s intelligence. The new one focuses on the teachings of St. Benedict and the example of St. Bede in which loving God is central and serving Him through evangelization is key. It points then to San Beda’s sublime and utmost purpose of imparting and strengthening the Catholic faith. It follows that the ideal Bedan then is one who has absorbed not only academic competence, but also the right values that, driven with purpose, will enable him to contribute to a better world. For Fr. Gerardo, purpose is to be found in loving and serving God, and one serves God through serving others. Service is what gives meaning to life. There is more to life

than to live solely for oneself, and a life that seeks solely to gratify one’s self is one devoid of meaning. Education, then, becomes an instrument not just for the acquisition of knowledge or skills, but likewise as an avenue to serve others and ultimately God. While most educational institutions have only three main divisions, namely finance, academic, and administration services, San Beda College Alabang has the Catholic Benedictine Formation Office (CBFO) as a separate division that oversees religion, theology, campus ministry, and community involvement. It does not compete with academic services, but rather, complements it. Another new division is Institutional Advancement, which has several offices under it such as research planning and development, quality management systems, museums, and archives. San Beda College Alabang, under its new Rector, has a purposeful mission to send out men and women who will not only be successful, but more importantly, who will be significant. For, in the words of John Maxwell, “success is merely adding value to oneself, whereas significance is adding value to others.” Bedan graduates will not only be learned, but more importantly, will be true and faithful servants of the Almighty. The world, after all, needs more than just competent legal professionals— it needs good lawyers, with a passion for justice and a burning desire to do what is right, especially during these troubling times.

The Red Chronicles | 47

september 2020

volume 13 issue 2