Hustisya: The Transitions & Continuing Development of the Criminal Justice System
When Hypocrisy Strikes I write for the school. There is no better way to find relevance than to be able to find a space to write. Writing has its merits; it helps develop language fluency and sensitivity to nuances. When you’re a writer, you become more aware of the importance of stories and the layers of meaning behind it. Believe it or not, most of us at The Red Chronicles write for all the right reasons. This is why I took a hit when I heard somebody mentioned that student publications are meaningless, if not dead. That it was mentioned casually and points to the work that we do also cut deeply - - there is more to this than mere disinterest. While it is very well placed to be critical, very seldom do we rise above mudslinging on account of dissent. When differing views are expressed, two things could happen. It could either serve as fodder for disseminating stupidity (sic) or provide for a more humble dialogue. A student publication is a potential catalyst in that it opens the platform for conversation. The written word informs and whether they encourage or provoke, the dynamics of discussion can ripple into something transformative. It is good to reflect even on opinions we don’t agree with, as it encourages critical thinking. Therefore, indifference into the value of published articles is a rejection of an exchange of ideas. It is anti-intellectual. It is disquieting that in the very halls of law school, where we are exhorted to make of ourselves smarter individuals and bastions of logic and critical thinking, do we find this very hypocrisy. As someone who writes, we are placed with the moral obligation to react against the grand conspiracies of keeping us in the dark because of our indifference. We find ourselves at a threshold where we tell the truth
and we cannot be selective. For instance, in the Red Files Declassified article, we set the discussion by giving a primer on the four issues that mar educational institutions. We intend to make our articles participatory in that we’re inviting the student body to send us concrete ways by which we can resolve the issues on cheating, cyberbullying, illegal drug use, and fraternities in the school of law. Quite fittingly, for our Cover story, we talk about the transitions and amendments in the Criminal code of the Philippines in the face of changing times. We also dispel the wrong notion of our penal system in that it is restorative rather than retributive by nature (see Reformation Beyond Prison Bars article). We affirm and confirm the role of The Red Chronicles where we take a stand and be at the forefront of creating a consciousness for issues such as these. We do not seek to pander; we do not aim to please. We are serious in making our issues bolder in scale and more effective in engaging a critical student body. Publications are still relevant; in fact, we give our highest regards to those who write at the expense of their own lives, where every written word serves as a warrant against them. It is no surprise that in history, those who took hard hits and those who pushed for progress are the ones who questioned the norms and established opinions - -through writing. I am privileged to belong to an institution where we can make an offering of reverence and simultaneously make an attempt to rectify errors and hypocrisies in the system. I write for the school. I am proud to write for The Red Chronicles.
Editorial Board Hayde Talorong Editor-in-Chief Joseph Franco Jea Mari Diato Associate Editor Managing Editor Pauline Ubaldo Danise Ravago Monica Delos Reyes News Editor Features Editor Literary Editor Mara Martinez Katrina Belarmino Ceasar Entila Christine Erika Banzon Circulations Manager Associate Features Editor Senior Layout Artist Senior Photographer Mary Grace Amulong, Maris Cay Gabornes, Mika Arevalo, Martin Bellen, Zyril Marchan, Valentin Prieto, Lyzette Siazar, Jenica Ti, Robert Melchor, Lauren Mendoza, Leandro Grean Anonuevo, Sarah Joy Mella Nadal, Robert Salao Features Writers News Writers Karl Carvajal, Michael Escudero Literary Writers Cris Anonuevo, Meg Ariola, Stephanie Gener Layout Artists
Hershey Delos Santos, Gemille Dolarte, Lawrenz Guevara, Aylwyn Valenciano Photographers EJ Clemena, Eugene Yusi Lian Cacapit Cartoonists Logistics
ERRATUM
EDITORIAL POLICY
THE RED CHRONICLES
The poem “SINGIT”, published in HUE, last year’s literary publication was written by Zephora Jane Linggahan and not by Zephyr Rivera.
The Red Chronicles is the official student publication of San Beda College Alabang School of Law. The articles contained herein are personal views of the writers and do not necessarily reflect official view or endorsement.
Rm. 63A 3/F St. Maur Building San Beda College Alabang School of Law 8 Don Manolo Blvd., Alabang Hills Village, Muntinlupa City, Philippines
The Red Chronicles accepts original articles from students and faculty members. We also solicit comments regarding the articles featured in our issues. All contributions must be submitted to the_redchronicles@ yahoo.com.
facebook.com/theredchronicles twitter.com/trcpluma the_redchronicles@yahoo.com
NEWS
FEATURES
SBCA-SOL’s Legal Aid Finally Accredited by the Supreme Court By Eureka Candari
The San Beda College Alabang - School of Law’s (SBCA-SOL) application for the Clinical Legal Education Program and accreditation of the Legal Aid Clinic (LAC) was approved in a Supreme Court Resolution dated July, 7, 2015. Before the approval, the LAC operated under the umbrella and authority of the San Beda Mendiola Legal Aid Bureau. Atty. Melanie B. Trinidad, the new LAC Directress, said that “Accreditation legitimizes the appearance of the members of the Legal Aid Center in courts and agencies where they are allowed to appear all by themselves. Not that their appearances prior to accreditation have not been legitimate – it is just that the accreditation gives the LAC members the added confidence that they are appearing with the imprimatur bestowed upon the SBCA Law by the Supreme Court” Jowee Marquez, LAC President, said that “Being accredited by the Supreme Court to handle cases with the LAC’s own authority, it is indeed a privilege and a great responsibility. Not only do the LAC members have to represent their clients well, but also make sure that they do an exemplary job as they are now carrying the name of the school and the reputation of the SBCA-LAC to be passed on to the next generations of LAC members” At present, the LAC is composed of thirty (30) fourth year students. They are currently handling seven (7) cases, some of which were carryovers from the past years. According to Atty. Trinidad, before the accreditation, “LAC was handling cases that were mostly referred to it by acquaintances of the LAC members themselves. LAC was then lucky to handle a case referred to it by our good Dean Sarmiento himself which the students had handled right from the inception of the controversy with the invaluable guidance of Atty. Lauren Tanyag. Still, the LAC Students have hungered for more.” She added further, “We were getting a lot of cases straight from the Public Attorney’s Office. Sometimes, too many…that is why we should be careful with what we pray for. Joking aside, we are not complaining. The LAC is divided into teams of students. Hence, work is evenly distributed among them. Plus, the members are eager to learn and are hardworking.”
4
The Red Chronicles Vol. 9 No. 1
Gearing Up for the Ultimate Battle through the Bar Mentoring Program By Lyzette Siazar
Photo courtesy of Alex Martirez
April 2015 is a milestone for San Beda Col-
The Legal Aid members enter their appearance before trial courts directly supervised by Atty. Trinidad. The clinic’s main purpose is to provide free quality legal services to indigent persons. In addition to this, the organization also provides free legal advice on a walk-in basis. As to the direct effects of the accreditation to the school, Atty. Trinidad says that “the accreditation sends the message that the SBCA-SOL seriously prepares its students for the challenges of litigation. The students’ baptism of fire happens not after passing the Bar but even before graduation. Thus, even if SBCA-SOL is a relatively young institution, its contributions to the legal professionare not at all minimal; the institution will bring a different concept of free legal aid into the table. Just because it’s free does not mean that the aid has to be cheap. The service that the SBCA-LAC provides is as valuable as that provided by existing law firms and individual practitioners; and lastly, there is an impact upon the students themselves as they learn early enough that the practice of law, more than anything, is a noble profession. Since there are far more cases now, LAC students will not only be forced to review their procedural law as well as the substantive laws, but also to “think out of the box”. I am there just to guide them, but ultimately, most of the ideas come from the LAC members. So if there is anything we can look forward to, it is a bunch of students who are more imaginative, decisive and analytical– who know when to work and when to play. They will make this institution proud.” Marquez, when asked how she felt about the accreditation, said that “Personally, I am very proud of the organization but scared at the same time. Being accredited by the Supreme Court is such a privilege and it carries a huge responsibility as this would be the year to really set the bar for the future members of the LAC.”
lege Alabang School of Law as it marked the start of the Bar Mentoring Program (BMP). Proposed by Dean Ulpiano P. Sarmiento III, the program was implemented to assist the candidates in their preparation for the Bar examinations. In this process, the program aims to provide a structured and trusting relationship between the Bar candidates known as “wards” and their respective “mentors” who are the esteemed members of the faculty of the School of Law. Purely Voluntary The Bar candidates are not mandated to join the BMP. In fact, a small number of them chose not to participate in the program. Serving as liaisons between the mentors and the wards are student-volunteers referred to as, “angels” who are in charge of scheduling and encouraging their wards to take the mock Bar examinations. A Step-by-Step Process The Bar candidates were grouped according to their respective review centers. In total, there are thirty-two (32) groups with an average of five (5) members each and at most, two (2) angels assigned per group. The mentor then prepares five (5) questions, based on the topics covered by the Bar candidate’s review for a particular period, and ten (10) questions, for the consolidated mock Bar examinations. At an agreed time and place, the angels conduct the exam and submit the booklets to the mentors for evaluation. Just like their participation in the BMP, the choice to take the mock Bar examinations is left to the wards. Some mentors go the extra mile and meet their wards to conduct lectures, share their suggested answers, and give tips for the Bar examinations, while others keep in touch through electronic mails and other modes of communication.
Various Roles Played Aside from aiding the mock Bar examinations, mentors also provide moral support. Our patient and cooperative mentors have been getting positive feedback as they actively monitor the progress of their wards. Guiding the angels is Andrea Patrisha Rosales, Vice President for Bar Mentoring Program of the Academic Bar Operations. She prepares the mock Bar questions and answer keys provided by the mentors, communicates with the angels regarding their progress, and prepares reports for meetings with the Dean. Student Feedback According to one Bar candidate, “It is a plus that the mentors are very patient with grumpy reviewees or those who do not usually reply to messages sent to them. The BMP has all the elements of an effective program. However, the life of a candidate is very eclectic. He wants all the time to himself so he could study, and sometimes it cannot be ruled out that they will be annoyed because instead of studying, they have to take mock Bars (sic). This is especially true when a mock Bar is also given by his review center. But then again, maybe the ‘undue pressure’ of taking mock Bars is something that a reviewee naturally evades. Nonetheless, the program indeed has its merits.” Another reviewee suggests that their test booklets be returned to them as soon as possible, and to have their incorrect answers be pointed out by their respective mentors as compared to only providing the suggested answers to them. The Door to SOL’s Own Bar Review Center If successful, the Bar Mentoring Program may become a permanent fixture in the School of Law. Hopefully, this will lead to the opening of a Bar review center in San Beda College Alabang School of Law. October 2015
5
NEWS
NEWS Dom Clement Ma. Roque
Appointed as OIC Rector President of San Beda College – Alabang By Robert Salao
Dom Clement Ma. Roque returns as the new
OIC Rector -President of San Beda College-Alabang (SBCA) effective August 1, 2015. His appointment follows the resignation of Dom Anselm Manalastas, OSB as Rector-President.
After the community mass sponsored by the School of Law, Dean Ulpiano Sarmiento III made the announcement to the law school community regarding Dom Clement’s appointment. According to Dom Clement, he is just waiting for the official confirmation from the Board of Trustees of San Beda College – Alabang, designating him as the official Rector President of the school. Dom Clement Ma. Roque previously served San Beda College – Alabang as Rector-President from 2008- 2012.
By Leandro Nadal
The Red Chronicles extends a warm welcome to its newest faculty adviser, Judge Alberto F. Serrano. Judge Serrano obtained his Bachelor of Arts in Philosophy with honors from San Beda College in 1967. He obtained a score of 87.45% in the Bar Examinations of the following year and placed 17th out of 1,800 examinees. Since passing the Bar, Judge Serrano has engaged in private practice, corporate work, the academe, and the judiciary, having been appointed on May 17, 2005 as Presiding Judge of the 92nd Branch of the Regional Trial Court of Calamba. Due to his diverse and extensive career, Judge Serrano has amassed an immeasurable amount of experience in the fields of Banking, Commercial, Corporate, Criminal, Labor, and Taxation law. The Editorial Board and staff are one in expressing its sincerest gratitude. That in all things, God may be glorified!
The Red Chronicles Vol. 9 No. 1
The San Beda College Alabang Student Law Government AY 2014-2015 releases this statement for the
students and administrators to evaluate the Student Activity Fund expenditures for AY 2014-2015.
Fund Receipts First Semester 582, 114.00 Second Semester 575, 484.00 Total Receipts 1, 157,598.00 Disbursements CV11453699 6/19/2014 Freshmen Orientation Program (AFL4464) 15, 249.00 CV11454691 9/4/2014 School of Law Organization Recruitment, 176, 513.06 Robing Ceremony, Send-off (AFL4512) CV11455232 10/9/2014 Support to/share in BAR OPS 2014 380, 000.00 (Sponsored Dinner, Hotel room expenses, Barristers kit, packed lunch, SLG Hotel Rooms, others) CV11545478 11/27/2014 Registration due for ALSP General Assembly 5, 000.00 CV11545759 12/11/2014 Lex Celebracionis 270, 000.00 (Sports Fest, Bedan Idol, Christmas Party) CV11545981 1/13/2015 Support to/share in hotel accommodation for BAR OPS 2014 125, 569.83 CV11546147 1/22/2015 25th Conflicts of Law (Registration Fee, Food, Uniforms, others 100, 994.81 CV11547113 3/25/2015 Expenses for School of Law Election 7, 910.95 CV11547207 4/8/2015 Association of Law Students of the Philippines National Convention 75, 000.00 (Registration Fee, Transportation, Food and Accommodation) ____________________ Total Disbursements 1, 156, 237.65 Net Fund Balance – 10/15/2015 1, 360.35
Photo by Hershey Delos Santos
The Red Chronicles Welcomes Judge Serrano as New Faculty Adviser
6
SLG 2014-2015 Financial Report
SBCA-SOL Holds Necrological Mass for
Atty. Maximo P. Amurao, Jr.
The San Beda College Alabang - School of Law (SBCA-SOL) mourned the loss of its beloved professor, Atty. Maximo P. Amurao, Jr, at the age of 73. He taught criminal law for 43 years from 1971 until 2014. He was also a pioneer faculty member of the SBCA-SOL. His remains were brought to the chapel in the evening of his demise on July 30, 2015. The necrological service was officiated by Fr. Manuel Manggao Rota on July 31 at the St. Benedict Chapel, at around 7 p.m. The Bedan community which consisted of the faculty, students, and alumni were in attendance. Eulogies were given by his fellow faculty members in SCBA-SOL, most notably, former Senator Rene Saguisag and Dean Ulpiano Sarmiento III. They recounted their fondest moments with the esteemed professor, citing his dedication and uncompromising method ofteaching. Representing the Amurao family, Atty. Lailani Amurao, his wife, gave a short moving message to those who were in attendance. After arriving in SBCA, his remains were transferred to the Abbey of Our Lady of Montserrat in San Beda College Mendiola on August 1 for another necrological service. The
By Monica Delos Reyes
following day, his body was transported to Loyola Memorial Park – Parañaque, where he was laid to rest on August 4, 2015. Atty. Amurao will be remembered not only for his impeccable mastery of Criminal law and his uncompromising way of teaching, but also as a brilliant mentor who molded students and lawyers alike in the Bedan tradition of prayer and work. His memory will live among his students and the people he touched in his long and fruitful life.
October 2015
7
NEWS
STUDENT’S CONTRIBUTION
San Beda Alabang School of Law Opens Its Door to New Recruits
Do Trashes Go to Heaven, Too? Urane Leslie F. Maambong
They don’t. And how we deal with garbage happens if the recycling process does not hap-
and wastes will determine whether our life will pen. All must be made aware of the good and be heaven or hell. Awareness that such stake the bad of being environmentally responsible. exists should develop a sense of responsibility At present, what has become obvious to us, and a sense of urgency among us. Filipinos, is the negative effect caused by igPrior to learning about pollution control and noring the environmental impact of our acenvironmental laws in law school, I only knew tions. For example, there had been floods, forabout garbage sorting at home, in school, and est, and marine animals in danger of becoming in malls. Consequently, in following news on extinct, price hikes on crops due to plant disPhilippine calamities, I have been made aware eases, and water sources being contaminated. of how non-biodegradable wastes prevent Awareness on these things is important to dedrainage systems from working properly caus- velop in us a sense of urgency to do our part in ing floods in the cities. I often wonder if Fili- protecting and using our environment properpinos even consider that how they dispose of ly. More than these, however, there should be their garbage has a direct effect on such floods. a showcase of the positive effects of being enI often think of reprimanding a person when vironmentally-responsible. Information about he throws garbage out of the jeepney window countries such as Norway, Germany, Switzeror on the bus floor, with kids seeing him do land, Spain, Japan, Singapore, and Australia on it. I wonder if the person, as a kid himself be- how their environment-friendly policies and fore, never learned how important it is to keep practises have resulted to healthier and more his garbage until he finds the proper garbage productive people, among many positive effects, should be presented in the Philippines to bin to dispose it. encourage us to aim for the same. As any other habit or virtue, the discipline in The costs of being an environment friendly properly managing our garbage should start in childhood. Kids in school should not only be country should not hinder us from still aimtaught how to sort their garbage. They should ing to be one. Instead, it should drive us to also be taught the importance of why that be more resourceful and creative on how to should be done. They should be taught not achieve it. Young Filipinos should be involved only about how plants grow or the hierarchy in this as early as they can be made so. Science of animals in the animal kingdom, but also the high schools and premier universities should global importance of keeping them existing enhance the minds of students who can possiin balance and harmony with other organisms bly contribute to this aim. Environmental law in the world. Students should understand that should become a standard part of elementary, plants and animals, as well as humans, do not secondary, and higher education, as a law, and exist separately from the space and the envi- not just as a trivial matter. It should be clear ronment they occupy, nor from the wastes that to students and even educators and parents were set aside. Charts illustrating the recycling that learning and obeying these laws are not process should come with illustrations of what optional. 8 The Red Chronicles Vol. 9 No. 1
By Lauren Mendoza and Pauline Ubaldo
San Beda College Alabang – School of Law (SBCA-SOL) welcomed its new batch of students for Academic Year 2015-2016 in a two-day event held last June 20 and July 15, 2015. The multi-purpose room was filled with new faces clad in corporate attire in the morning of June 20. The School of Law Government (SLG) organized the event by giving them a glimpse of what to expect as they begin their journey in law school. The whole day event began with an introduction of the SLG members, as well as a short introduction from the different school organizations. Afterwards, the students were given the opportunity to get to know their respective blockmates during lunch at the St. Maur’s cafeteria. Classroom activities were held for the rest of the afternoon where the students were taught the basics of case digesting and recitations. The second part of the event that was held on July 15, 2015, was the Dean’s Assembly for the freshmen and transferees. Dean Ulpiano Sarmiento III exhorted the new students to imbibe the virtue of Humility. As true Bedan Christian lawyers, he reminded the students to transform into new individuals – not to see others as foes but as brothers and sisters.
“ You will be different. You will be Christlike. This is what we are mean to do. It will be difficult and tedious, but again, you should not lose hope and faith.”
Atty. Bruce Rivera, Prefect of Student Affairs, also spoke to the freshmen and transferees about school rules and regulations which include the dress code, attendance policy, and the academic delinquency rule. Afterwards, then Father-Rector Manalastas also gave a short welcome address to the students. The Dean’s Assembly at the start of each academic year is an annual Bedan tradition, where the Rector-President, Dean, and the Prefect officially welcome the new students and transferees. Photo courtesy of Student Law Government AY 2015-2016 October 2015
9
SBCA-SOL Welcomes Its New Faculty Members for 2015-2016 Words By: Mika Arevalo and Robert Melchor
Dean Eulogia Cueva Political Law Review
Dean Eulogia Cueva is the new Political Law Review professor. She earned her law degree from the University of the Philippines and was admitted to the Bar in 1977. Soon after, she started as a Senior Research Attorney in the Court of Appeals. A year later, as per recommendation of Justice Hugo, she took up her Master of Laws in the University of Michigan and Master of International and Comparative Law in Free University of Brussels afterwards. Dean Cueva was then appointed as Solicitor One in 1982. During the Martial Law period, she handled the case of Bernabe Buscayno-- a Habeas Corpus case, and was up against Joker Arroyo, Rene Saguisag, and Agosto Sanchez. She won the case and considers this as one of the proudest moments of her life. She was appointed as Solicitor Five in 1986 and was the youngest of the Solicitors Five then. After her service in the government, she now works for a private corporation. She is currently the head of legal affairs of Moldex Group of Companies. As a professor, her advice to the students is to, “Never lose any opportunity. Having to study law is a rare opportunity and one should make the most out of it.” 10 The Red Chronicles Vol. 9 No. 1
Photos By: The Red Chronicles
Atty. Roderick Salazar III Negotiable Instruments Law
One of the fresh faces in the faculty is Atty. Roderick Salazar III. He earned his undergraduate degree and his law degree from the University of the Philippines. He was admitted to the Bar in 1988. After passing the Bar, he worked as an Associate in Sycip Salazar for 5 years. Thereafter, he became a Founding Partner in Fortun, Narvasa and Salazar. He is currently teaching Negotiable Instruments Law in the School of Law. Atty. Salazar is recognized as one of the foremost Mining lawyers in the Philippines as well as in Corporate Law. To mention a few, he was included in this year, as well as past editions of the International Who’s Who of Mining Lawyers for the Philippines. He was ranked as a leading lawyer in natural resources and mining by Chamber Global 2014. Despite all of his achievements, he considers his family as the greatest achievement of his life. Every student would dream to be as successful as he is or even more. But for now, his advice to law students and to the bar candidates is to “Study, study, study! Understand what you’re studying. Be crisp, short and logical in your answers.”
Atty. Marietoni Renee Resureccion
Labor Relations
Atty. Resureccion is a seasoned educator. She earned her Masters degree in Philosophy in Ateneo de Manila University and began teaching in seminaries. Using her background in Philosophy and Religion, she served and worked with the CBCP Commission concerning indigenous peoples and inter-religious dialogue. It was only after some time that she decided to take up Law in San Beda College – Mendiola. Together with Dean Ulan, she is also a partner in the law firm of Sarmiento, Delson, Dacanay and Resureccion. She is currently teaching Labor Relations. As an educator, lawyer, worker, and labor law practitioner, she believes that one cannot compartmentalize life as to exclude one aspect from the others. A person can be a part of so many things, while remaining one at the same time. She embodies this philosophy by finding time to do everything, while doing pro bono work on the side. Her words of advice to the students of law: “Do not leave anything to chance. If you want anything, take every single opportunity to get or achieve it. If you fail but you did everything in your power not to fail, the feeling will not be as hard or painful if you failed because of your own negligence. Success is just around the corner; it’s just a matter of striving to get it.”
Atty. Anthony Dy Taxation Law 2 New to the San Beda Alabang School of Law faculty, Atty. Anthony Dy has been a part of the Bedan faculty in San Beda College of Law - Mendiola since 2006. He has been teaching Taxation Law 1, 2 and Review, Property, Insurance, Sales and Lease, and Legal Profession. He earned his law degree in San Beda College of Law - Mendiola and passed the Bar in 2002. He also took a course in the Management Development Program of the Asian Institute of Management in 2007. He has worked for the prominent accounting firm Sycip, Gorres, Velayo & Co. in various capacities, formerly being the Senior Director on matters relating to taxation and corporations from 2010-2011. He also works as a Tax Partner in the Dy, Soriano and Gatchalian Law Offices. Teaching law is his way of giving back to the Bedan community. As a taxation law professor, he wishes to impart to his students that taxation law should not be feared or hated, whether in law school or in actual practice. In studying law, he advises his students to visualize the implementation of statutory provisions and to twist the factual circumstances of any case to test their mastery of the cases. Likewise, he stressed the need to value one’s priorities and to minimize distractions while studying. October 2015 11
NEWS
parking space. The conversion of the empty lot required cutting small trees and the temporary application of gravel and sand. The expansion is estimated to accommodate an additional 90 vehicles. Mr. Solomon however, clarifies that this arrangement will progress gradually as the target for student per car ratio is 1:1. Having said this, the administration is still improving on how to better assist the students with their daily parking needs.
SBCA Prides 444 New Physical Developments By Lauren Mendoza and Martin Bellen Photos by Maria Guadalupe T. Ariola
At the start of Academic Year 2015-2016, San Beda College Alabang (SBCA) has ex-
panded the St. Maur’s Library, widened the parking spaces, and installed CCTV cameras to upgrade its services and facilities to the school community. St. Maur’s Library Expansion Last April, the St. Maur’s Library was expanded as the 62E and F classrooms were taken down. They were converted into a new wing of the School of Law (SOL) library and the Master in Business Administration (MBA) library. The MBA library is currently furnished with resource materials for educational use. The head librarian of the SOL library said that it took two months to complete the construction as 50 carrels were added. As a result of the expansion, the library is hoped to cater to an additional 70 students. In the next few weeks, it is expected that additional furniture will be put in place to create in the library an atmosphere that is more conducive to studying. Parking Expansion
With the growing population of the SBCA community, comes the struggle of looking for spaces to park. To remedy one of the causes of traffic congestion, a new parking area was designated near the College of Arts and Sciences (CAS) building. Arturo C. Solomon, supervisor for General Services, said that the parking lot expansion was done during the summer in order to accommodate the growing demand for 12
The Red Chronicles Vol. 9 No. 1
Installation of Closed-Circuit Television (CCTV) Closed-Circuit Televisions (CCTVs) have been installed in every physical facility in SBCA. While many Bedans perceive such protective measure as an improvement in security, it has likewise raised privacy concerns. Emilio B. Atara, Officer in Charge (OIC) of the institution’s Security Office, justified the amplified security measures to survey and prevent criminal activity, and to monitor anti-social behavior in the school’s vicinity. He confirmed that around five hundred of these CCTVs are positioned in classrooms, offices, hallways, parking areas, libraries and other facilities within the campus. Atara noted that some of the newly placed cameras are still not operational while the other working units only capture black and white images and do not record audio. Furthermore, he disclosed that the recordings are securely stored at an approved location and the images are safely deleted at regular intervals by the Information Technology Office of the College of Arts and Sciences. The current OIC stated that retention for a longer period may only be justified when such CCTV recordings or images are deemed useful to investigate certain offenses or sensitive issues. He recognizes that day-to-day monitoring of employees, students, and guests may not be practicable as it may be highly intrusive and could be in breach of people’s privacy rights. October 2015
13
NEWS
Photos by Gemille Dolatre
Of Traditions and Camaraderie By Christine Erica Banzon and Pauline Ubaldo
Send-Off
the challenges before them. Afterwards, a dinner for the Bar candidates and professors was held at The second part of the School of Law tradition the Hampton Court in Hillsborough Village. is the annual Send-Off for the Bar candidates, who are set to take the Bar Examinations this NoThe event overflowed with support from the vember. As part of the tradition, the Red Mass professors with inspirational speeches from Atty. was held last September 24 at the St. Benedict’s Myra Batungbakal, Atty. Nicasio Cabaneiro, Chapel. Rev. Mendoza told the story of Herod and our beloved Dean Ulan Sarmiento III. and the sending off of the apostles. Comparing this with the tradition of sending off the Bar canThese traditions strengthen the bonds among didates, he told them to emulate the lions— with old and new Bedans. Through the annual Robing strength, passion, and courage for the Bar Exams. and Send Off ceremonies for the Bar candidates, Moreover, he reminded the Bar candidates to have camaraderie, school spirit, and unwavering supfaith and believe in their skills and wisdom. They port are instilled among the students and profeshave been amply prepared by the institution to sors in building one community, one family, and cross the finish line and to be brave and surmount one Benedictine fraternity. Robing Ceremony
Every institution has its own way of celebrating the coming and going of students, their own way of setting the start and finish lines of the entire academic journey. The Robing ceremony is one such occasion unique to the School of Law, which serves as an initiation rite to new members of the law school community. Last September 9, the Robing ceremony was held at the St. Benedict’s chapel. The event started off with a mass officiated by Rev. Anthony Mendoza. It was followed by the program proper hosted by the Prefect of Student Affairs Atty. Bruce Rivera, who introduced the ranks of one’s attainment in the academe – first the robe, the hood, and then the cap. Rector-President Dom Clement Maria Roque, OSB gave an inspirational speech addressing the newcomers. He stated that the purpose and importance of this traditional Robing ceremony is the symbolism of due induction to the Bedan community – a mark of a true Bedan. But above all, this embodies the Bedan values he wishes the students to keep even as future professionals: Prayer and Work, Integrity, and Passion for the Truth.
is similar to the robe of Jesus Christ is a perfect reminder for the Bedan community of the sufferings that He endured for our salvation. The robe of Jesus, as stated in Matt. 27:27-28, was scarlet in color and was perfectly woven. He mentions that although the Lord was perfect, He was tempted though never succumbed to it. Like the robe which is perfectly woven, Bedans must remain righteous. The color scarlet symbolizes both royalty and humanity; that He was a man of God, and the God of man, reminding Bedans to remain humble. Lastly, the robe was taken from Jesus, to instill in us perseverance in the face of suffering. In wearing the robes similar to Christ’s, Bedans proclaim that we are ‘one community, one family, and one Benedictine fraternity’.
During the Robing proper, the freshmen and transferees were escorted by their Ninongs and Ninangs as a way of establishing rapport with the higher batches. To close the ceremony, Atty. Rivera introduced Atty. Melanie Trinidad as the guest speaker. She reminded the students that with “a little more persistence, a little more passion, a little more faith, your indomitable spirit would allow you to conquer what at first had seemed unconquerable Dean Ulpiano Sarmiento III discussed the – this is the character that you will build all of your symbolisms woven into the robe. The robe which dreams by.”
14
The Red Chronicles Vol. 9 No. 1
SBCA-SOL celebrates the Guidance Week By Pauline Ubaldo
San Beda College Alabang School of Law (SBCA-SOL) celebrated Guidance Week with a 3-day seminar from September 15-17 at the Fr. Roberto De Jesus Auditorium. This year’s theme was entitled, “Guiding the Youth to Face the Challenges of the Times”. The School of Law’s Guidance Counselor, Ms. Sylvia C. Atienza, RGC, organized the said event specifically catering to the different year levels. For the freshmen students, a seminar apt for their challenges entitled, ‘Adjustment to Law School’ was given with Atty. Karen Olivia Jimeno-McBride as the guest speaker.
very own, Atty. Mina Batungbacal, Valedictorian of Batch 2014. She discussed her own experience as a law student in terms of how she was able to balance her studies and extra-curricular activities. The seminar for the seniors entitled, ‘Stress Relieving Oriental Techniques: Total Mind, Body and Spiritual Wellness’ was conducted by Dr. Alfonso Lagaya who discussed the elements of well-being. He gave law school hacks to the seniors by demonstrating various physical techniques to improve study habits.
To cap off this year’s Guidance Week celeFor the sophomores and juniors, the Guidance bration, free massage services were offered to the Center deemed it fitting to have the talk about students, faculty, and staff at the School Clinic. Time Management. It was discussed by the SOL’s October 2015
15
OPINION
PROFESSOR’S CONTRIBUTION The Implications of Obergefell vs. Hodges to a Gay Lawyer Like any other gay person in the world, I was one of those
Scalia even went to the point in stating that it is not of imporwho applauded the US Supreme Court when it came out with tance to him what the law states about marriage. its Decision to uphold the validity of gay marriages all over the What comes after is quite enlightening. The dissenter made United States. It was a perfect ending to the love story of two a point of delineating judicial activism from judicial legislation. men, who had to be married in another state because their state (Ohio) does not allow gay marriages. Arthur was dying and he When the law is interpreted in a manner so advanced, it is ahead wanted to show his ultimate act of love to Obergefell. Love of its time; that is judicial activism. Judicial activism interprets won because it knows no boundaries, gender, religion and sex. the law contrary to popular understanding but such interpretaIt transcends all. It was a moral victory of the children of two tion is the intent of the framers. Judicial legislation is when the lesbian nurses who may have felt lesser because they came from judiciary comes up with an interpretation that adds something new to what was never there to begin with. Judicial legislation “unusual” parents. is when the judiciary (whose function is to INTERPRET the It was personal for me as well. Last year, my late partner asked laws) usurps the power of the legislative (whose function to me to marry him. I told him the only way I could marry him CREATE the laws) in contravention of the separation of powwas if I become an American citizen like the rest of my family. ers. We decided to put the plan to fruition with me going to the US, The point of the dissent is that it is not in their place (nine becoming an American citizen and make an honest man out of him. I intended to keep my promise. But fate had other plans. lawyers who are not elected) to legislate for the people because that is the work of the legislative branch, consisting of memTwo months after we made the promise, my partner died. bers who are elected by the people and mandated by the ConThe Decision penned by Justice Kennedy was music to every stitution to make laws. According to the dissent, when interLGBTQ member in the world. It was recognition of years of preting the laws or the Constitution, one will only deviate from struggle to be given equal rights and opportunities. The pursuit the plain letter of the law if there is ambiguity. In this case, the to happiness is not limited only to heterosexuals but to the gays 14th Amendment pertaining to the equal protection clause was and lesbians as well. It was about human dignity and equal pro- interpreted in the context of marriage. tection as guaranteed in the 14th Amendment. It was about evScalia stated that the equal protection should be interpreted ery American’s right to choose whom he or she wants to be with based on the intent of the framers of the US Constitution. He in life. It was about protecting the children of gays or lesbians stigmatized by their parent’s status and in the process, doomed argued that when the framers of the Constitution drafted the to a life of confusion and the feeling of inferiority. What more 14th Amendment, equal protection was not drafted to include marriage. This has historical backing because marriage started could I ask for? as a result to a social need. Men had to make sure that women Then I learned that the landmark case was won by a 5-4 vote. would be their own private sexual provider so he would be sure Only one vote separated what could have been a life in or out of the bloodline of his children. It was a chauvinistic concept of the closet; a close call, so to speak. And the lawyer in me that has only evolved towards male-female equality so much started to be curious. I wondered why the highest court of the later in history. In fact, it was organized religion that has inUnited States would have a hard time seeing gays and lesbians as stitutionalized marriage as a sacrament (holy matrimony in the human beings when it is supposed to be a no-brainer question. Roman Catholic Church) and a permanent union of a man and The same inquisitive spirit that led me to represent unpopular woman that is the symbol of love, unity, loyalty and the basis for clients like Napoles because the Libran in me, seeks to hear both the family. In fact, the churches were the initial record keepers sides and let the scales of justice decide. Sadly, it could not be of marriages. It was only later that marriage became a matter of state in order to be assured rights for the married couples contained. (Calvinist Theory). I was ready to call the four dissenters bigots and homophobes In short, when the framers wrote the 14th Amendment on but before I can make such scathing pronouncement, I endeavored to read their dissenting opinions. I already knew the dis- equal protection, they were not presumed to know about gay senting arguments would not be on religious lines because US marriage because marriage was between a man and a woman Supreme Court justices are heavily grilled on religious beliefs during those times. If they wanted additional liberties, there and any hint of bias was virtually fatal to assuming the position. must be a law granting it (US states that allowed gay marriages will recognize same-sex marriages) and to states that do not When I read the dissenting opinion, the gay in me cursed why have such law, it would be improper for five lawyers to legislate for them, the duty belongs the state legislature elected by the I have to be a lawyer. people for that purpose. The dissenting opinions especially that of Justice Scalia and What is my position? If I were a heterosexual lawyer, I would Roberts made very strong points. As a professor of Constitudefinitely agree with the dissent. If I were just a gay man, who tional Law and Statutory Construction, I cannot in my profesloved another that he wanted to marry him, the majority speaks sional opinion, ignore the very valid points being raised. what my heart yearns. Their dissent usually started with a disclaimer, that, they are The problem is, I am a gay lawyer. And both gay and lawyer not anti-gay or do not really mind giving gays the right to marry. raised very valid points.
16
The Red Chronicles Vol. 9 No. 1
Bail for the Poor Litigant It is not uncommon to see a person languishing in jail because he does not have the financial
means to post a bail bond. This dire situation contributes to our growing social problems. Before incarceration, these detained prisoners were the principal breadwinners of their families. As a consequence of their enforced absence, their families experienced desolation. Deprived of the much needed parental support and guidance, their children have become hopeless because they could not anymore go to school or worse, nobody could provide them food and shelter. Some children wander aimlessly as no one would dare take care of them. Meanwhile, the prisoners have lost touch with the members of their family. They have no visitors. Faced with desperate conditions, these prisoners begin to lose their sense of humanity and dignity. The accused in detention also face difficulties in mustering resources to secure the presence of witnesses and/or to collect vital evidence that would advance his cause. Parenthetically, he becomes an unwilling burden to the State because he must be given food, shelter, medical attention and security while in prison. Yet, an accused is entitled to bail as a matter of right unless he/she is charged with a capital offense or an offense punishable by recluson perpetua. Bail is the security for the release of the accused conditioned upon his appearance before the court whenever it is necessary or required by law. Bail may either be a real or property security, i.e., expressed in terms of money and property or personal security such as the surety bond or recognizance. In fixing the bail, the courts are guided by the amount recommended by the Public Prosecutor in accordance with “The 2000 Bail Bond Guide” which prescribes the recommended amount of bail for every bailable offense based on the maximum of the penalty multiplied by a certain amount. However, the amount of bail recommended for certain crimes as compared to some grave felonies show inequitable disparity. For example, the bail amount for homicide is P40,000.00 while the bail amount for illegal possession of dangerous drug is P200,000.00, notwithstanding the miniscule quantity of the drug. This is one of the reasons why a great number of indigent prisoners charged with violating the Dangerous Drugs Act remain in prison after their arrest. Since the poor litigants do not have the financial means to post bail bonds, the mode of bail which could be made available to them is recognizance. The court may release an accused on recognizance based on a third person’s undertaking or assumption of duty to ensure the appearance of the accused during the stages of the proceedings wherein his presence is required by law. There is no money or property involved in recognizance inasmuch as this is a type of personal security, i.e., in the nature of a guaranty without compensation. Unfortunately, this form of bail is available only to an accused where the prescribed penalty for the crime is not higher than six months imprisonment or a fine of P2,000.00. Pursuant to the constitutional mandate on bail, there is a need to amend the Rules of Criminal Procedure so that its salutary provisions could serve the rich and poor litigants alike. The amendment should allow recognizance to be made available to the indigent litigants even for grave offenses or felonies. Moreover, in order to equalize the conditions of the rich and poor in our society, the right to bail should be harmonized with the right of every person to be presumed innocent. Accordingly, recognizance or personal guaranty should be accepted liberally for poor litigants while retaining bail in the form of real or property security under Bail Bond Guide which should be revised to correct inequitable disparity in the amounts of bail. Furthermore, as suggested by an eminent Supreme Court Justice, reputable non-government organizations, recognized centers or public officials accredited by the Courts and/or the Department of Justice may be appointed to act or serve as personal guarantors of any person accused of a grave offense. In this way, bail does not become an illusory right for the poor. October 2015
17
EDITORIAL
OPINION Sacrificial Lamb A
t the turn of the century, the Philippine Revolution had reached its crescendo. Like any undertaking, it was faced with two choices. Should it repose blind faith in the American newcomers? Or should it snatch Manila to consummate the claim for independence? The choice that our forefathers made would sear our historical memory as the Americans aborted the promising Nation. In a sense then, History is written by the victors. Like Tantalus, the defeated are condemned to gaze upon their mistakes and ponder its causes. Jerrold Tarog’s Heneral Luna is one such attempt to elucidate them. In the process of answering this question, Tarog intricately reveals the contradictions surrounding the Nation and Luna. Tarog’s Luna is flawed, disconcerting and fallible. Was Luna blinded by anger? Did he trample upon Human Rights? Was he trying to make amends for snubbing Bonifacio? Was he a brilliant general despite never winning a single battle? Perhaps. The truth is what we choose it to be. Tarog’s depiction of the Nation could not have fared better. Enlightened creoles, warlords and hapless peasants, all with conflicting interests converged to form the Nation. Almost immediately from the beginning, their conflicting interests simmered into the surface. These various contradictions within the Nation guided the call of History towards independence. Like a newborn, the Nation had to cut the umbilical cord from her colonial overlords. For how can a Nation coexist with the pretensions of the other? In this aspect, Tarog plunges us in medias res. Malolos, Nick Joaquin quips, was dominated by two paralytics— Mabini, of the
Neither Left nor Right At
dawn, they were roused from their sleep under the gun. Unknown masked men kicked open their dormitory doors and ordered them out. They were herded in KM16, Lianga, Surigao del Sur. There, in full view of the community, the men ordered the people to stop supporting the rebels. To drive home the point, they shot two men point blank. But that was not all. Returning to their school, they discovered the remains of the principal. Like a pig, he was gutted from ear to ear, his stomach stabbed, while tightly bound. The Lumads claimed that this was the handiwork of the Mahat-Bagani, a paramilitary group. They claimed that the Mahat-Bagani have harassed them to pave the way for foreign companies. The Armed Forces of the Philippines (AFP) on the other hand said that this was the handiwork of the New People’s Army (NPA). No uniformed soldier was present during the massacre, asserted the AFP. So who is to blame? Not the NPA. Progressive lawmakers from the Makabayan coalition point to the AFP. For years, the AFP has been responsible for the militarization of the Lumad. These lawmakers claim that the paramilitary groups can run amuck because of AFP support. They passionately assert that it is the State that butchers its own for the sake of greedy companies. Not the AFP. For years also, the NPA has infiltrated the Lumads for their survival. The NPA is obsessed with their armed struggle against the government. The NPAs are godless beings that are hell bent in destroying the State. If the NPAs are not terrorists, why did they end up in the US terrorist list? So who do we choose to believe? Do we believe the progressive Left in their defense of the indigenous peoples? Or should we repose our confidence in the Right, who is bent on keeping away the communist hordes? The crisis is more complicated than
18
The Red Chronicles Vol. 9 No. 1
what it seems. Often than not, we are guilty of viewing issues in a bipolar manner. For too long, we have simplified the plight of the Lumads as an insurgency issue. But the truth is that it is also about control over natural resources and ancestral domain. In reality, both the NPA and the AFP are to blame. The progressive Left would happily capitalize on the controversy whenever they hear of AFP abuses. They are the first to sound the clarion call against militarization. They act as vanguards of human rights against the State, but fall eerily silent when the NPA is on the line. Instead of acknowledging the communist threat, they would retreat into the sophistic reasoning of eliminating the causes of rebellion. Instead of condemning NPA abuses, they would hide under the protection of international laws. After all, the NPA’s are a belligerent force, they claim. The AFP on the other hand, is obsessed with eliminating the communist threat. They see Red each time progressives and human rights groups would oppose the militarization of indigenous peoples. They see Red whenever revolutionary taxes and extortion activities are imposed by the NPA, but fall silent when corrupt mining and logging companies bribe their way into indigenous lands. They are complicit upon the exploitation and harassment of indigenous peoples in the name of amassing profit. They are lame duck when politicians and warlords use indigenous peoples for political gain. It is important to resolve this latest injustice perpetuated upon the Lumads. But more than the issue of accountability, the question of political exploitation must also be resolved. As long as the Lumads are exploited for short-term political gain, injustice will continue. Let the Lumad speak for themselves. Let the Lumad tread neither Left nor Right.
body and Aguinaldo, of the mind. Politicians scramble to debate their belated response to American overtures. The military on the other hand was caught unaware of the American juggernaut. Against this conundrum, Tarog’s Luna tried to heed the call of History. His Luna was a diminutive hero facing a Herculean task. Swimming against the tide, Luna agitated for decisive action. He belatedly dug defenses. He struggled in imposing discipline in an army that was anything but professional. While Luna was willing, the others faltered. The Revolution after all, was fought by mortals— some chose to fight and some chose to run away. The fight was not yet at its noon when the politicians capitulated. Apparently, they were soothed with enticements of an American protectorate. The warlords on one hand, resisted discipline and shunned organization. Eventually, they proved woefully ineffective against military science. By this time, the painful answer had dawned. Bodies strewn in trenches bore witness to our debacle. Luna failed. The Nation could not transcend over Her various contradictions. And instead, She had shattered into pieces like archipelagic isles. At the end, we are left to watch helplessly as the flames gnaw the fabric of a promised Nation. Revolutions devour their own children, Danton said. Since the Nation had turned down the Revolution, Her shattered pieces must eat its adherents. Thus, somebody had to be sacrificed; somebody who was the Revolution’s most ardent advocate, its most fervent believer. Luna had to die. We had to kill him.
Blamed Children should not be condemned and labeled as crim-
inals, but instead they should be helped. They are in this position now not by choice but because of external factors. The law should be understood with the legislature’s intent, which is to help these children reform and become better and to minimize repeated offenses. To address the rise of juvenile misconduct, the Philippines passed a bill entitled “Juvenile Justice and Welfare Act of 2006” (R.A. 9344). Under the said law, the age of criminal responsibility is above 15 years old but below 18 years old. Children who are 15 years old and acted with discernment can still be liable under this law. All countries have experienced juvenile misconduct. Although laws had been passed and government agencies were created to solve such problems; it still has not yet reached the point that it would be national issue. In the Philippines, recent studies by DSWD show that criminality during formative years (elementary to early high school) has increased over the years. Majority of the criminal activities were ‘crimes against property’ and is centered in poverty stricken urban areas. As the statistics for juvenile misconduct increase lawmakers wishes to resolve it by lowering the age of liability from 15 years old to 13 years old. The increasing criminal activity we see in the news plus studies by the DSWD are reasonable bases for passing the new law. As part of society we may even support it because we may have heard, experienced or watched it in the news. Is this really the solution to the increasing juvenile misconduct?
As said by Commission on Human Rights Loretta Ann Rosales “Lowering the MACR will just punish the children while remaining oblivious to the root causes of youth offending and vulnerabilities arising from the lack of a protective and caring environment brought about by failures of individuals, systems and the larger society,” When dealing with children we must take in consideration that they are merely formed by their surroundings. It is general knowledge that during formative years they are like sponge that absorbs the information around them. If we would look at the problem of juvenile misconduct in this point of view, we can see that we are not really solving the issue. We should see the problem from the circumstances of the child, not on the child. Children are a product of its surrounding; the family, the place where they live, his education and poverty. With this in mind, why should we pass the burden to a child? If we could do something with a child’s surrounding we could deal with the real issue. Children will remain children but we the adults have the power to change their lives. We have the means and the ways to make a better future for them. We should not forget how important we are in formation of children, how they should see right from wrong. Before we pass the blame to children, we should see how we affect their lives. As we turn a blind eye on the real issue, it would create a domino effect that will affect the children of those condemned by system. We need to accept that fact that we, as adults, are the one responsible in rearing a child, in instilling in them the virtues, experience and knowledge in life. We should not escape responsibility, we should be their guide to a better future.
The lowering of the age of liability should not be a solution. October 2015
19
C
hange is inevitable. Like a river, change continues to move forward through the currents of time. The criminal justice system in the Philippines also mimics this natural phenomenon. From the promulgation of laws and trial of cases by datus with the assistance of the elders in the pre-Hispanic era, to the independence of the judiciary established during the Commonwealth period, Filipinos have experienced various forms of criminal justice. Upon the enactment of the Revised Penal Code (RPC) in 1930, this, along with several other legislations, has been the country’s source of criminal offenses and penalties. The execution of the RPC and special penal laws has proven to be an uneasy feat, because of the proliferation of wrongful acts and omissions committed in the Philippines. Aside from the multitude of offenses being committed, the present Criminal law also reveals certain areas of concern which are susceptible of conflicting opinions and interpretations. The Red Chronicles is privileged to look no further and consult two of the judges from the School of Law faculty who are well-versed in Criminal law. Speedy Disposition and Government Efforts to Expedite Cases
Criminal Law and the
By Mara Martinez and Danise Ravago
According to Judge Gina M. Bibat-Palamos of the Makati Regional Trial Court, the speedy disposition of cases involves a joint effort between the courts, the parties, and the counsels. Despite their best efforts, speedy disposition of cases remains to be difficult to attain due to a number of problems. First, because of the numerous motions available to the parties as a matter of right, the course of the proceedings is interrupted and drags on for a long period of time. Second, the influx of cases filed, especially in Metro Manila and specifically cases pertaining to Batas Pambansa Blg. 22, results in the clogging of dockets. Another problem is the fast turnover of judges, which usually gives rise to their backlog. Lastly, because of the competency or lack thereof, of judges, some cases are not handled in a skillful manner.
21
st Century Juan Dela Cruz
When Batas Pambansa Blg. 129 or The Judiciary Reorganization Act was passed in 1985, more or less 2000 courts were created for a population of 50 Million Filipinos. At present, however, despite the increasing population of over 100 Million, the number of courts hardly doubled. The Aquino administration passed 72 laws which created 258 courts consisting of regional, municipal and metropolitan trial courts. However, these additions do not seem to rectify fully the lethargic disposition of cases. But there is always a glimmer of hope. The Justice Sector Coordinating Council (JSSC) answers the outcry for speedy disposition of cases. This council is headed by Supreme Court Chief Justice Ma. Lourdes P.A. Sereno, then DILG Secretary Mar Roxas, and then Department of Justice Secretary Leila De Lima. Secretary Roxas was reported to have brought to the attention of Chief Justice Sereno, the predicament of fifteen (15) inmates who have been jailed longer than the maximum years of service required, should they be convicted. Hundreds of other detainees nationwide are experiencing the same dilemma. One flagship project of the JSSC is the “Justice Zone” which was launched in Quezon City. According to its mandate, a Justice Zone is an area or locality where a minimum number of inter-agency coordinative reforms are present, rendering that area or locality fully compliant based on a selection and accreditation system established by the Council. The Continuous Trial System (CTS) is another solution to prevent the prolonging of cases for an unreasonable number of years. Under the CTS, the court shall, after consultation with the prosecutor and defense counsels, set the case for continuous trail on a weekly or other short-term trial calendar, so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Supreme Court. It may be postponed for a reasonable period of time, but only for good cause. With this system, the Supreme Court hopes to expedite trial of cases from an average of five (5) years to as brief as three (3) months. The Quandary that is Death penalty Death penalty was a staple in the roster of penalties for criminal offenses throughout Philippine history. Upon the arrival of Spanish colonizers in the country, they brought with them medieval Europe’s penal system which included executions such as burning, decapitation, and drowning. Later on, death penalty became an effective deterrent to the
20
The Red Chronicles Vol. 9 No. 1
October 2015
21
rising criminality in the country. It was abolished during the Aquino government and subsequently revived during the administration of President Fidel V. Ramos by virtue of Republic Act No. 7659. In 2006, during the Arroyo administration, Republic Act No. 9346 was signed into law, suspending the efficacy of the death penalty. Filipinos have contrasting views on death penalty, in part because of the strong religious influence of being a predominantly Roman Catholic country. On one hand, Judge Selma P. Alaras, also of the Makati Regional Trial Court, believes that the restoration of the death penalty is not enough. She is firm on the belief that by imposing a severe or “gruesome” method of execution, the would-be offenders will think more than twice before committing crimes. She also believes that the government should advocate for stricter compliance with the law. More than contemplating the return of death penalty, Judge Alaras believes that the need for it will not arise if only we have the discipline to act as law-abiding citizens. On the other hand, Fr. Melvin Castro, former Chairman of the Catholic Bishops Conference of the Philippines (CBCP) Episcopal Commission on Family and Life, strongly opposes the death penalty. Fr. Castro maintains that ending the life of the criminal does not bring back the life taken away. Legalizing Mary Jane The use of marijuana proves to have several medical benefits. As explained by Dr. Junice L.D. Melgar, Executive Director of the Likhaan Center for Women’s Health, marijuana is able to stop epileptic seizures and help treat neuropathic diseases such as Alzheimer’s and multiple sclerosis. It also has the ability to cure loss of appetite after chemotherapy or following treatment for HIV or AIDS. In 2014, House Bill 4477 or The Compassionate Use of Medical Cannabis Act was filed, seeking the legalization of marijuana for medicinal purposes. Different parties, however, hold varying opinions on the matter. In an interview, Health Secretary Janette Garin stated that despite the clamor by some doctors, there are still questions on how the Department of Health (DOH) is going to regulate its use. The DOH is likewise looking into the extent of coverage of medical marijuana, the diseases covered by it, and its practicability. However, some local medical experts, such as the Philippine College of Physicians, Philippine Medical Association, and Child Neurology Society of the Philippines, are firm on disagreeing with the legalization of marijuana. In contrast, both Judge Alaras and Judge Palamos opine that the use of medical marijuana should be legalized, provided that it is subject to strict implementation so as to avoid abuses. Judge Alaras said she is in favor of legalizing marijuana for medical purposes but never as a leisure drug. Similarly, the proper remedy according to Judge Palamos, is to regulate the use of medical marijuana for its benefits. Lowering the Age of Criminal Responsibility Between the compassion we feel as we look into an innocent child’s eyes and the alarming prevalence of juvenile criminality, how can we ensure peace and order without compromising either the youth’s future or public safety? Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 seems to fall short in giving balance to both. Under the said law, a minor offender is called a Child-In-Conflict with the Law (CICL) in order to differentiate him from adult criminals. A child under fifteen (15) years is exempted from criminal responsibility but is subject to intervention programs. On the other hand, a child 15 to eighteen (18) years of age may be held liable depending on the presence of discernment. If discernment did not attend the commission of the crime, the CICL is turned over to the Department of Social Welfare and Development (DSWD). If there is discernment, the CICL will be referred to the prosecutor or judge. The law focuses on rehabilitation and reintegration into society of the youth offenders. One of the cogent critics of RA 9344 is the fearsome Davao City Mayor Rodrigo Duterte. As a person well-known for advocating against all forms of criminality, Duterte has this to say: “What is really bugging the peace and order or the public security is the crime incidents committed by minors. Ang balaod ni Pangilinan ang nakadaot jud (It’s the Pangilinan Law that messed things up). Amigo ko na, pero pag-abot sa public interest, walay amigo-amigo (He’s my friend but when it comes to public interest, I don’t let friendship stand in the way)”. He
has observed that law enforcers are having a hard time lessening, if not totally eradicating, the commission of crimes by minors. RA 9344 merely allows law enforcers to surrender the child to the DSWD. He said that based on their experience in Davao, the fact of discernment is almost always not proved, leading to the release of the child from police custody where their crimes can be dealt with more seriously. The most common crimes committed by CICL are theft, robbery, homicide and sometimes rape of a fellow minor. Reports from the Juvenile Justice and Welfare Council (JJWC) reveals that there are more than 11,000 CICL in the Philippines, with an average of 10,515 children arrested every year. Letting compassion prevail, DSWD Secretary Corazon Juliano-Soliman believes that the youth offenders deserve a second chance of being a productive member of society upon reintegration. She said, “More than looking at the CICL with anger and rebuke, let us look at them with understanding, as most often, they are victims of circumstances.” It is her stand that CICLs became as such because they were not guided by their families. CICLs are often those who lurk in the streets or are out-of-school youths. RA 10630 amended RA 9344 and required the LGUs to manage the CICL through Support Centers or “Bahay Pag-Asa” which was given an allocation of P400 Million. As of 2014, twenty one (21) centers were established nationwide.
Paving the Way for the New Criminal Code In 2011, the Criminal Code Committee (CCC) of the Department of Justice (DOJ) was created to study and consolidate a simpler and updated Criminal Code. According to former DOJ Secretary Leila de Lima, the creation of the New Criminal Code aims to enhance the administration of justice in the country. Among the salient features of the Code are structured central themes with common features; rationalized penal provisions categorized into three major titles, namely, Crimes Against Persons, Crimes Against Property and Crimes Against the State; modernized archaic provisions by integrating and consolidating several penal laws referring to the same criminal act; and de-listed outdated penal provisions. Despite the promising innovations of the Code, conflicting opinions on its implementation still surface. Both Judge Alaras and Judge Palamos believe that there is no need for a new criminal code. They view the RPC as a well-written piece of legislation able to word the offenses in a tasteful and intellectual manner. What needs to be done, however, as assented to by the two judges, is to amend the outdated amount of imposable fines in the RPC. The changes in the country’s economic situation within the lapse of more than eighty years from the enactment of the RPC to the present time are proof that the amount of imposable fines is no longer commensurate to the punishable offenses. The issue of outdated amount of imposable fines was addressed by Senate President Franklin Drilon upon his filing of Senate Bill No. 2680 on March 6, 2015. The bill seeks to adjust the threshold amounts used in determining the criminal liability for various crimes and the amount of imposable fines under the RPC. Drilon claims that the current imposable fines have lessened its deterrent effect through the years due to several factors such as inflation. Thus, to curb the proliferation of crimes, Drilon said that tougher but fair, just, and reasonable penalties and monetary fines need to be enforced. The initiative to draft a New Criminal Code came as a response to archaic penal provisions that are no longer operative in this present day. Eighty five years ago, our penal code was conceived from copying laws that have their own organic proof elsewhere. However, our laws should move forward with time. Criminal law should be simpler and within grasp of any Juan Dela Cruz, because making our laws straightforward and uncomplicated could prove to be an effective deterrent against rising criminality.
References: http://doj.gov.ph/news.html?title=DOJ%20completes%20New%20Criminal%20Code&newsid=304 http://www.interaksyon.com/article/93722/doj-announces-completion-of-draft-of-new-criminal- code http://www.rappler.com/newsbreak/iq/86008-list-drilon-senate-bill-amendments-revised-penal-code http://pcij.org/blog/2006/04/18/a-timeline-of-death-penalty-in-the-philippines http://www.manilatimes.net/crimes-and-the-death-penalty/71757/ http://cnnphilippines.com/news/2015/06/09/Philippines-medical-marijuana-pending-cannabis-bill-House-of-Representatives.html http://www.philstar.com/headlines/2015/08/15/1488240/doh-chief-look-legislation-medical-marijuana
22
The he R Red ed C Chronicles hronicles V Vol ol.. 9 9N Noo.. 11 T
OOctober ctober2015 2015
23
Marital Infidelity in the Philippines
Reformation behind prison bars
By Maris Gabornes
The1987 Philippine Constitution recognizes the duty of the State to protect and strengthen the family as a basic autonomous social institution.One of the express provisions of the law that helps preserve the sanctity of family life is the Revised Penal Code (RPC), where it penalizes marital infidelity, classified as either adultery or concubinage. However, many consider these particular provisions as discriminatory to women.
By Ace Amulonvg
While both adultery and concubinage constitute marital infidelity, there is evident disparity in the nature and penalties of these crimes. Adultery is committed by a married woman having sexual intercourse with a man not her husband and by her paramour, who knows her to be married. Concubinage, on the other hand, is committed by a married man keeping a mistress in the conjugal dwelling, or, having sexual intercourse under scandalous circumstances, with a woman not his wife, or cohabitating with her in any other place.
The Philippines and Taiwan are the only countries in the Asia-Pacific region where marital infidelity is still criminalized. tial evidence. A married woman will be liable for a single sexual intercourse with another man and each intercourse will constitute adultery. Moreover, the penalty for adultery, which is prision correccional in its medium and maximum periods, is more severe than that of concubinage, which is punishable by prision correccional in its minimum and medium periods. The justification for the disparity is that adultery poses the danger of introducing a spurious heir into the family, thereby obliging a man to support a child not his own and impairing the rights of the real heirs (US vs. Mata, 18 Phil. 490). Supporters of gender equality and women empowerment regard it as a chauvinistic excuse based on gender biases and double standards at the expense of women.
“
“
Prosecuting a married man’s infidelity proves to be harder since the law enumerates specific instances for concubinage to be committed. Hence, a husband’s mere sexual relations with another woman will not constitute concubinage. Even fathering a child with another woman was held to be insufficient proof of concubinage (People vs. Benlot, et. al., 16 C.A. Rep. 539). In contrast, adultery is consummated at the moment of carnal knowledge, which may be established by mere circumstan-
The service of justice does not end with the promulgation of the decision of the court. For the injured party, justice is served upon reparation, restitution, and rehabilitation triggered by the execution of the judgment. For the convicts, reformation sets in. Under the mandate of the Department of Justice, it is the Bureau of Corrections who undertakes reformation programs for the welfare of those imprisoned. In the New Bilibid Prison (NBP), the program categorized activities and projects into six main branches: work and livelihood, healthcare services, education and skills training, sports and recreation, moral and spiritual, and therapeutic community. These six main branches are intended to assist the prisoners with their integration into society once outside the penal institution. The National Penitentiary also offers a college degree program in partnership with the University Of Perpetual Help System Dalta. This is in addition to the regular secondary and compulsory basic literacy classes offered to the inmates. Some of those who have been serving time are already degree holders, with some finishing as many as 3 degrees during their whole stay inside. The NBP allows immersion programs where students socialize with the inmates to know their stories. San Beda College Alabang-College of Arts and Sciences, on several occasions, have sent more than a handful students in the NBP. The inmates freely share their experiences of life before imprisonment, and the circumstances which led to their conviction. However, they are more inclined to talk about life inside the penitentiary. They are animated and full of hope when they narrate how prison life reformed them and how it has helped them both spiritually and financially. They are excited to start new lives if given a chance to be reintegrated into society. Some of them use the livelihood programs to support their families outside.
Whenever opportunity permits, they sell their hand-crafted souvenirs, t-shirts, snacks or even candies to the visitors of the penitentiary. Impressively, the female inmates have already developed solar-powered lamps. In one interview, an inmate optimistically shared, “Pag nakalaya po ako magtatayo ako ng business. Sa lahat po ng natutunan ko dito, kaya ko nang magsimula ng negosyo sa labas. Kaya ko na pong maayos ang buhay ko at ng pamilya ko” As part of the recreation programs, basketball, volleyball, billiards, table tennis, chess tournaments and leagues are held inside the penitentiary. There is also a group of inmates who have developed their artistic skills inside. Some learned how to play musical instruments while others learned to sing and dance. Those who have already seen their performances know of their original composition “Bilangguang Walang Rehas” which has a very catchy tune and a very deep message. On many occasions, the performers have showcased their talents either during their gatherings or student immersions. They even boasted to have already performed before the Congress. Reformation programs are geared towards honing prisoners to become productive citizens once they are freed and reintegrated into society. However, the sad truth is that these people who are trying to change their lives are also struggling due to financial constraints making it hard to continue their livelihood programs. The medical budget stands at a glaring P3.00 for each inmate. With the hustle and bustle of the people’s daily lives, most people are too preoccupied to even think about helping out these reforming brothers and sisters. One should not merely forget and turn a blind eye. Instead, aid must be given where there is lacking. A person need not start a revolution; he just needs to do what he could to help the people around him.
To this day, the Philippines and Taiwan are the only countries in the Asia-Pacific region where marital infidelity is still criminalized. Despite the United Nations’ call for the decriminalization of adultery, the position of the Philippines is unlikely to change anytime soon, as evinced by the draft Criminal Code of the Department of Justice Criminal Code Committee. The draft includes a chapter on Crimes Involving Marriage where adultery and concubinage are still embraced under the crime of marital infidelity, but classifying the offense as a crime against persons. The proposed amendments seek to eliminate gender biases on such crimes tolerated by the existing penal code.
References: Kwaak, Jeyup. South Korea Legalizes Adultery. The Wall Street Journal, 26 February 2015. (http:// www.wsj.com/articles/south-korea-legalizes-adultery-1424935118) Reyes, Luis B., The Revised Penal Code (Criminal Law Book Two). Manila: REX Book Store, 2012. Tan, Nigel. PH Laws that are Unfair to Women on Rappler, 2 April 2014. (http://www.rappler. com/newsbreak/iq/54225-philippine-laws-unfair-women) The Philippine Commission on Women. Enacting the Anti-Marital Infidelity Law. (http://www.pcw. gov.ph/wpla/marital-infidelity-law) Torrevillas, Domini. Amending the Marital Infidelity Law on the Philippine Star, 30 June 2015.
24
The Red Chronicles Vol. 9 No. 1
To give aid and reach out, please feel free to contact the Bureau of Correction in the following numbers: +632 850-50-02 +632 807-23-68 October 2015
25
S E L I F D RE
D E I F I S DECLAS
WITHIN the four corners of this law school are certain issues which are ignored or considered as taboo. The signs are present, like writings on the wall, drawn by an invisible hand. And while these are matters of importance, students chose to shrug them off at their own peril. In this article, The Red Chronicles sheds light into five of these pressing issues—cheating, drug use, cyberbullying, fraternities and sororities, and proper etiquette.
dabbling with dangerous drugs Pursuant to Section 36 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, one of the requirements for admission and readmission to the School of Law is a random drug testing. The school’s policy clearly abhors use of dangerous drugs (hereafter drugs). However, a number of students do not share the same view. Research revealed five types of law students in relation to their stand on drug use.
1. Abbot’s Apprentice Non-users who will never, not even in their wildest dreams, use drugs comprise this group. An apprentice believes that an indispensable part of being a law student is upholding the rule of law. For HHH, a sophomore, sense of responsibility must outweigh the main causes of drug use which are curiosity and peer-pressure.
TO CHEAT OR NOT TO CHEAT While reciting in a third year class, DDD was conveniently seated right beside EEE who had his notebook open for viewing and was stealthily writing keywords in capital letters. DDD passed the subject.
2.Pro-choice Advocate
All the students mentioned are still currently enrolled.
During a quiz in a first year class, AAA and BBB were seated at the back of the classroom. While having the quiz, they had their books opened and conveniently placed on their laps. The question given was taken from the book. Both got a 100%. On a final exam of a second year subject, CCC casually brought out a long bond paper, on it printed the paragraph-heavy provision that the professor asked for the class to memorize. True enough, an item in the exam asked for the students to write the whole provision in verbatim equating to 20 points. 26
The Red Chronicles Vol. 9 No. 1
The word ‘cheating’ evolved during the 16th century which meant “a deceptive act.” It was used as thieves’ jargon that meant “a stolen thing.” Under the law, cheating is considered as a grave offense. And as we know, grave offenses in the student handbook are punishable by suspension or expulsion. Although the morality in cheating is settled, a number of students continue to do it. Marty McSorley quips, “if you’re not cheating, you’re not trying hard enough.” With the Philippines as one of the most competitive legal educational systems in Asia, the stakes are high in the pursuit to become lawyers. Be that as it may, there can be no similarities between working smart and cheating.
3. In-betweeners
Advocates are non-users who, nonetheless, tolerate other’s choices, believing that it is the essence of liberty. For III, a junior, people who derive benefit from drug use must be left alone unless the same becomes disruptive. JJJ, a junior, advocates for the application of the doctrine, “a man’s home is his castle” to man’s own body.
In-betweeners are composed of one-time drug users; casual users, who, not being a drug dependent, consider it a mere recreation; and deniers, who will never admit using drugs, even if caught red-handed.
4. Celebrity User
His long history with drugs turned him to a dependent in need of intervention. He is unconsciously wasting his potential. According to KKK, a former Bedan, drugs provide him temporary happiness, afford him bonding time with his friends, and give him something to spend his money on.
5. Ironman
An ironman had struggled with drug dependence or substance abuse but well on his way to overcoming his troubled past through commitment and professional help. He is the lost sheep that was found. Arguably, every student falls on each of these categories. As law students, we know what our choices and actions should be. October 2015
27
On Fraternities’ Presence among Students
Cyberbullying and THE SECRET FILES
Like recitations, stress is a constant thing in a law student’s life. But thanks to social media, students can dissipate stress by releasing out their feelings and opinions. In September 2013, the Diliman Files Facebook page was created, which started the trend on online ‘secret files’. Other universities followed and made their own. In December 2013, the “San Beda Law Secret Files” was created. As the page is considered a freedom wall, users can post opinions under the veil of anonymity. In this regard, many students believe that some users abused their freedom of expression. A number of students attribute this abuse to cases of cyberbullying. And students affected by certain posts on the Secret Files say that the posts are either personal or grievances that affect a class or in general. 28
The Red Chronicles Vol. 9 No. 1
At best, Bedans have conflicting opinions on the Secret Files as a valid means of exercising freedom of expression. “The page allows people to freely say what they want, but this freedom should have limits to avoid emotionally hurting others,” says one freshman law student. However, a junior law student believes otherwise. “It may be a valid means of expressing angst. But a means of exercising freedom of expression? Not so much. We should have confidence in being able to tell our grievances. People instead choose to hide behind anonymity for fear of being reprimanded.”
According to the Scribner-Bantam English Dictionary, a fraternity is a body of men banded together by common interests, as men of the same profession or class. Likewise, a sorority is a women’s club with the same interests and purposes as the fraternities. One of the reasons that fraternities exist is to create kinship and bonds among its members which lasts all throughout their professional careers. More so, many of these conduct charitable works, provide review materials, and host meaningful activities for the benefit of their members and others. So far, there is no law that declares them illegal. What is sanctioned as illegal, however, is the act of hazing for initiating neophytes. Republic Act No. 8049, or the Anti-Hazing Law, prohibits the inflicting of physical harm as an admission into the fraternity or soror-
ity. Numerous cases of hazing, such as the deaths of Marvin Reglos and Andrei Marcos in 2012, and Leni Villa in 1991, shook the academic community. In San Beda College Alabang School of Law (SBCA-SOL), membership in organizations not recognized by the school is prohibited per handbook regulations, considering that there is a waiver form prohibiting such. In a recent survey conducted among students of SBCA-SOL, 4 out of 10 students believe that fraternities are groups which foster bonding and camaraderie among law students, while another 4 out of the 10 have other thoughts of frat purposes such as them being unnecessary. Finally, the respondents believe that the school rules and the Anti-Hazing Law must be strictly imposed.
The presence of a digital outlet where people can anonymously post their concerns, cannot violate the sanctity of privacy. As with all limitations of free speech, the regulation and utilization of anonymous online platforms remains a burning issue up to this day. October 2015
29
Pawicare ‘cause We Care A Guide on Law School Etiquette Without a doubt, academic freedom must be enjoyed in all institutions of higher learning. But with the mantra of freedom comes the consequence of responsibilities, values, discipline, orderliness, courtesy and civility. Akin to a social contract, students have already consented and waived certain rights by subjecting themselves to the school’s policies upon enrolling in a law school. Students are expected to observe and strictly comply with the Rules of Conduct as provided for by the school. As with other cases, some students tend to disregard such rules. The first rule is the wearing of corporate attire as an everyday uniform. While self-expression is respected, it is also important to train students to dress aptly for the legal profession. Remember that lawyers are compelled by the Code of Professional Responsibility to appear in court properly attired. The second rule is attendance. It is important to take note that absences must be used wisely because some professors are particular on this matter and might take it against the student if the maximum allowable absences is exceeded. The third rule is what is commonly known as the “boycott rule.” This means that at least 30% of the class is absent. To some professors, this is an indication of the poor level of preparedness that the class had for the subject. The fourth rule is the observation of courtesy and decorum. Whenever a professor, or an administrator or official enters a room or calls the attention of a student, he is to give due respect by always rising and acknowledging them with utmost courtesy. This can also be manifested by not interrupting another student’s recitation or the professor’s lecture until he is acknowledged. It is likewise important to avoid going in and out of the classroom while class is ongoing because it is distracting. Lastly, students must take care of the school’s property. If it does not belong him, then he must be extremely careful in using it. The harried lines and smudging highlights in the library books are complicit witnesses to the lack of care that some Bedans exhibit towards school property. “Manners maketh man.” Indeed, but how can one make a man out of himself if he doesn’t know how to act as such? These are only few rules to remember and the others are left in our responsibility. We are forewarned. For too long have we ignored the writings scrawled on the wall. 28
The Red Chronicles Vol. 9 No. 1
Photo by Ceasar Entila
By Zyril Marchan
“Tell me and I forget. Teach me and I may remember. Involve me and I Learn.”
A Foray into the Conservatory Last March 10, 2015, our class with Commissioner Rene V. Sarmiento went to San Narciso, Zambales to visit the Pawikan Conservatory. We touched down at the Hiyas ng Kalikasan where we were feted by Mrs. La Rainne Sarmiento, his wife. She briefed us about PawiCare, the Pawikan hatchery and conservatory.
-Benjamin Franklin
The most common species of sea turtles that comes to Zambales is the Olive Ridley Sea Turtle. They nestle their eggs from October to March. They lay eggs two to three times with eighty to one hundred twenty eggs with an incubation period of forty-five to sixty days. It is said that they mature ten to fifty years before they go back to the shore to hatch again, considering that only the females return to the shore and lay eggs. The delicate nature of the turtle population is outlined by the fact that among thousands of hatchlings released, less than a hundred survive the ocean and return to shore. Predation by sea creatures and constant human intervention such as pollution are major reasons for their decline in numbers.
As I looked around, we were informed that the vast conservatory grounds were acquired in 1992. In the middle of the grounds stood a venerable well and surrounding it were different fruit trees and other plants. Life seemed to be flourishing amidst the barren landscape. Commissioner Sarmiento took the class for a tour of the grounds while narrating how Hiyas ng Kalikasan came to Into the sea be. He had an occasion to quip that hugging a tree After trekking along the shaded groves, Comhas its benefits. And somehow, the tree takes away missioner Sarmiento led us to the seashore. There, the negative energy from the body and makes the we saw the hatchlings released into the wild. For person feel better. a moment, I could have sworn that I heard Kar“Our relationship with the earth should be one el Vasak ruminating about environmental rights. of give and take. What we have taken from the The sight of hatchlings scurrying into the shore earth must be replaced. After all, we are but stew- to be carried by the waves convinced me, that afards of the earth,”he said. While hearing this, a ter all, this instance is priceless. A day off from my passage from the Constitution crossed me–that it readings and cases for this was worth it. The turis the state’s policy to protect our right to a bal- tles swimming with the waves of the ocean caranced and healthful ecology in accord with the ried our prayers that they would survive the foray rhythm and harmony of nature. In addition, it is into the depths. Better yet, I hope that they would imperative for us to conserve our natural heritage return to these shores that I have grown to love. for future generations. One lesson that this trip has taught me is that everything is intertwined. The sea turtles that I The Rangers of La Paz saw scurrying into the ocean culls the sea grass, PawiCare or Pawikan Care is a protection and which in turn, makes the ocean floor inhabitable conservation program for the pawikans or sea tur- for marine life. Simply said, those vulnerable creatles. It is composed of volunteer fisher folks and tures are natural gardeners who help maintain the residents of La Paz, San Narciso, Zambales who ecological system. Once one link is severed, the are affectionately dubbed ‘La Paz Rangers’. The chain will fail and others will go down with it. rangers scout a kilometer-long shore to guard the While there is an impending threat to every link sea turtles that lay their eggs against poachers. Af- in the chain, it is not too late to save what is left. ter laying their eggs, the rangers measure and tag Organizations like PawiCare are commendable the laying sea turtles before they let them return for holding the frontlines of environmental proto sea. The Rangers protect the eggs by transfer- tection. As citizens who are attuned to the rhythm ring them to a hatchery that they built. That way, and harmony of nature, it behooves us to keep their progeny will be protected from human en- nature in sync. Like the motion of the waves recroachment. Upon hatching, the hatchlings are turning to shore, I hope that someday I would see the turtles return to La Paz. inventoried and released back into the sea. October 2015
29
Photo from Google.com
Outstanding Bedan Alumni Justice Regalado: The Epitome of a Bedan Lawyer The Attorney Amurao We Remember By Maris Gabornes
When the Bedan community heard the news, they were left
grappling for the inevitable as they realized that one of the men who molded San Beda into a premier institution was gone. On the evening of July 24, 2015, a brilliant mind bided the Philippine legal community adieu. But beyond the crushing loss endured the memories of a celebrated life, a man who epitomized the Benedictine dictums of prayer and work. Model of Academic and Ethical Excellence Florenz D. Regalado or “Flor” was born in Concepcion, Iloilo in 1928. Early on, he showed aptitude by graduating Magna Cum Laude in 1954 from San Beda College of Law. 96.7% is the number that he will always be remembered for, as he obtained the highest score in Philippine Bar examination history, and perhaps will never be surpassed. And his mark could have been pushed higher. Law professor and former senator Rene Saguisag amusingly shares how his almost perfect grade could have been higher. “Last we talked a decade or so ago, Flor again told me his answer to a bar Criminal Law question on estafa was miscorrected and that eventually, he got the Justice-Examiner to concede his point.” He never rested on his laurels. A seeker of knowledge, he successfully pursued a Master of Laws degree from the University of Michigan in 1963. His colleagues can attest to his unflinching ethical standards. Playing favorites was not his style, even to his own kin. As his former student, Saguisag fondly recalls, “As law juniors, we played hooky to attend our December 8 Immaculate Conception fiesta in
Pasig. He gave us all fives, save Jess Regalado Cornago, his nephew, whom he graded with two fives.” He consciously imbibed the moral trappings of his office, be it as a member of the bar or the bench. Regalado was so averse to partiality, or even the perception of it, that Saguisag would only see Regalado if the he would be called into the Justice’s chamber. As a lawyer, he was amiable with his compañeros, save in any pending case that he handles. When he was later appointed Associate Justice, he carefully chose the people who will interact with him. Pillar of Bedan Law Education He devoted his life to his beloved College of Law by serving as its professor from 1955 to 1988. His three decade stint oversaw future esteemed Bedan lawyers such as the youngest bar topnotcher Avelino Cruz, Dean Virgilio Jara, and Criminal Law expert Maximo Amurao (†). It is not an exaggeration to say that he was a Legend who trained Legends. As a student, Dean Jara remembered that Regalado thoroughly prepared for his class by reading the cases he assigns, and even knowing the ponente and those who dissented. Besides teaching for his beloved College, he also served as its Dean for thirteen fruitful years. Conscious of the fact that San Beda is a training ground for excellent lawyers; he created a core of Bedan law professors who would continue to mold students in the Benedictine tradition. Forerunner of Legal Profession During his lifetime, Regalado contributed in shaping the landscape of the legal profession. His tomes and articles most notably his Remedial Law Compendium and Criminal Law Compendium are recognized authorities in their respective fields up to this day. Arguably, Regalado is the only lawyer who boasts the feat of having the Supreme Court unanimously rule against his client but, upon reconsideration, unanimously reversed itself (Taqtaquin vs. Palileo, G.R. No. L-20865, September 29, 1967; December 29, 1967). He was also instrumental to the establishment of the Philippine Association of Law Schools, where he served as president from 1979 to 1981. He advocated for theoretical and case-based bar examination questions, deviating from the menial objective style. Regalado was appointed member of the 1986 Constitutional Commission. As commissioner, his distinctive contribution includes providing a clear and precise definition of the presidency and presidential succession, and in identifying the cases of disability of the Chief Executive. Recognizing his intellect and legal education efforts, he was appointed as an Associate Justice of the Supreme Court in 1988. Ora et Labora. His impressive work would always be remembered. But his real legacy is in demonstrating that greatness can coexist with a humble heart and a tireless soul that yearned to serve. Justice Florenz Regalado is, indeed, an epitome of a true Bedan lawyer that every law student should emulate. References: Inquirer.Net. 2015. “SC Associate Justice Florenz Regalado; 87.” (http://newsinfo.inquirer.net/707520/sc-associate-justice-florenz-regalado-87#ixzz3kph0XH1o) Muñoz-Palma, Cecilia. 1986. “Closing Remarks of Constitutional Commission President” on The Official Gazette of the Philippines. (http://www.gov.ph/1986/10/15/closing-remarks-of-the-president-of-the-constitutional-commission-at-the-final-session-october-15-1986/) Saguisag, Rene. 2015. “Commentary: Justice Florenz Regalado” on GMA News Website. (http://www.gmanetwork.com/news/story/530178/opinion/commentary-justice-florenz-regalado#sthash.AeeEvb2I.dpuf) 2015. “Grades and Grading” on Manila Times (http://www.manilatimes.net/grades-and-grading/205028/) Senate Electoral Tribunal Website. (http://www.set.gov.ph/hon-justice-florenz-d-regalado/) Supreme Court E-Library. Associate Justice Florenz D. Regalado (http://elibrary.judiciary.gov.ph/supreme courtjustices/associatejustice/112)
By Valentin M. Prieto III
“A teacher affects eternity; He can never tell where his influence stops.” - Henry Brooke Adams Bidding a Legend Farewell On 31 July 2015, the San Beda Law community lost a legend known for his uncompromising yet motivating ways of teaching criminal law. Attorney Maximo P. Amurao, Jr. who graduated in 1963 at San Beda College Mendiola, was known by many of his students as the tall, tough, and erudite educator who never fails to transform his classroom into a terror chamber for his students. He was affectionately called “Sir Max”, in an attempt to dispel his intimidating aura. His approach to teaching instilled discipline in his students, with the desire to achieve the best in all their academic efforts. Learning amidst the terror To be in Sir Max’s class for any criminal law subject is a blessing in disguise. For his students to become the lawyers they aspire to be, he conducted his classes with tough love. Like a patient blacksmith, he forges his students to be stronger after taking a hammering from his exams and recitations. His lessons and discipline aside, students of Sir Max also remember how they would pray before class for his absence or for a flood to ensue. To his students’ dismay; he seldom absents himself because he knows the value of education. In that way, no recitations would be conducted and no grade of 72 would be given for lousy recitations. Although there were students who failed or who were the least in his classes, he never spoke ill of them, who slipped from his exacting standards. Those who eventually became lawyers recall how he welcomed them with open arms as his brothers and sisters in the profession, looking at them proudly, without judgement. Deemed an Authority in Criminal Law Former Senator Rene Saguisag, one of his compadres during his law school days, would attest that Sir Max was the master of criminal law. Saguisag would always consult the latter for matters regarding criminal law, from their Bedan days to their stay in the firm of Feliciano, Jover, and Ledesma and from time to time when he handles criminal law related cases. Other professors handling criminal law, such as Attorney Melanie Trinidad, would consult Sir Max about it and he would willingly oblige. The uncontested claim of his colleagues was that Amurao scored 100 in criminal law during his bar examinations. Photo Courtesy or The Barrister
As the Chinese would say, “a man must plant a tree, sire a child, and write a book.” This is especially true when Sir Max wrote his Commentaries on Criminal Law. The books were launched in 2013 and are now being used by different law schools for criminal law. In his last commencement speech given in 2014, Amurao gave his famous formula: “Study, study and study!” as the key to becoming a good, professional lawyer. Sir Max dedicated his life to sharing of his passion and expertise to the aspiring Bedan Lawyers. For this, law students and lawyers alike who experienced him will forever be grateful for his imparted lessons. Indeed, it is true that Sir Max will never know when his influence would stop. Because as his students continue to pass the bar, excel in practice, and imbibe his passion for education, Sir Max continues to live within us.
CASE UPDATE
LAW UPDATE
Dandy L. Dungo & Gregorio A. Sibal Jr. v. People (GR No. 209464, 01 July 2015) By Sarah Joy Mella
“The fraternal contract should not be signed in blood, celebrated with pain, marred by injuries, and perpetrated through suffering.” FACTS: Marlon Villanueva was a neophyte of the Alpha Phi Omega Fraternity – Theta Chapter. Dandy Dungo and Gregorio Sibal were members of the said fraternity. On January 13, 2006, Dungo and Sibal, together with the other fraternity members, officers, and alumni brought Villanueva and two other neophytes to Villa Novaliches Resort at Barangay Pansol, Calamba City for the final initiation rites. Due to the injuries sustained by Villanueva, the fraternity members and the other two neophytes haphazardly left the resort. Dungo and Sibal brought Villanueva to JP Rizal Hospital where Villanueva was pronounced dead. The Regional Trial Court (RTC) found them guilty of violating Section 4 of Republic Act (RA) No. 8049 or the Anti-Hazing Law. On appeal, Dungo and Sibal contended that Section 4, which provided that mere presence in the hazing was prima facie evidence of participation therein, is unconstitutional for violating the constitutional presumption of innocence of the accused. The Court of Appeals (CA) affirmed the decision of the RTC, holding that the conviction was based on their presence in the venue of the hazing and in the act of bringing the victim to the resort for the final initiation rites. Petitioners contended that their constitutional right to be informed of the nature and cause of accusation against them has been violated. They argued that the amended information charged them with assault and using personal violence upon Villanueva, but both the RTC and CA ruled that they are guilty of violating RA No. 8049 because they “induced the victim to be present” during the initiation rites. They further alleged that they cannot be convicted of a crime not stated or necessarily included in the information. ISSUE: Whether or not there was a violation of the constitutional right to be informed of the nature and cause of accusation HELD: The Supreme Court held that the amended information properly charged the offense proved. The
34
The Red Chronicles Vol. 9 No. 1
“planned initiation rite,” as stated in the information, included the act of inducing Villanueva to attend. A planned event can be understood to have different phases as in hazing activities have different stages and the perpetrators had different roles therein. Having to fulfill their roles by not only inducing Villanueva to be present at the resort but also by bringing him there, the hazing would not have been accomplished were it not for their actions. Requiring the prosecutor to indicate every step of the planned initiation rite in the information, considering the clandestine nature of hazing, is an arduous, if not downright impossible, task. The proper approach, which was satisfied in this case, was to require the prosecution to state every element of the crime, the offenders, and the accompanying circumstances in the planned initiation activity, which has been satisfied in the present case. Hazing as malum prohibitum The act of hazing itself is not immoral, but the law deems the same to be against public policy. Recognizing its malum prohibitum character, the law provides that any person charged with hazing shall not be entitled to the mitigating circumstance of lack of intention to commit so grave a wrong. Conspiracy in Hazing Under RA No. 8049, unless the accused satisfactorily proves that he prevented the commission of the crime, there arises a prima facie presumption of conspiracy from mere presence during the initiation rites. Circumstantial evidence as proving guilt beyond reasonable doubt While nothing less than proof beyond reasonable doubt is required for a conviction, this does not preclude resort to circumstantial evidence when direct evidence is not available. Bearing in mind the concealment of hazing, the circumstantial evidence presented by the prosecution was overwhelming enough to establish the guilt of the petitioners beyond reasonable doubt.
House Bill No. 22: A Promising Remedy to Electoral Violence By Jenica Edlyn S. Ti
In response to the growing number of election-related violence, the Sixteenth Congress introduced House Bill No. 22 entitled The Anti-Private Army Law of 2013. The Bill recognizes the imminent need to uphold Article XVIII, Section 24 of the Constitution, which mandates that private armies and unrecognized groups be dismantled. Also, as party to the International Convention on Civil and Political Rights (ICCPR), the government is duty-bound to implement rules and regulations to reduce the long-term potential for electoral violence. HB No. 22 acknowledges the existence of the culture of fear during elections, particularly in local ones. As the facts on the ground show, the Philippine National Police (PNP) reported 3,779 private army groups (PAGs) in the country with a total of 1,110,277 loose firearms of various calibers. Furthermore, the 2013 elections had 67 election-related incidents and 52 verified casualties. This culture of fear can be attributed to the presence of local warlords and their respective private armies. As a result, the freedom of expression and the right of suffrage are curtailed, as intimidating tactics cow the hapless voters. What has been an original intention to ensure the safety of elected officials is now tainted and known to be the vigilante of the same. During the last 2013 elections, as with every election, the PNP vowed to go after PAGs, without prejudice to any organization, party, or individual. Time and again, this tired media exercise failed to reassert the protecting role of the security forces over the people. Nothing significant was ever done to solve the root causes of the problem because of the ambiguous issues surrounding private armies. One of the contentious issues is the perceived fluid nature of PAGs since they operate outside the parameters of established armies. This has been remedied by HB No. 22, which provides for the definition of private army and PAGs, as well as groups recognized by the duly constituted authority such as private security agencies and gun clubs, which are not utilized for political or economic interests. It also provides for the penalties for leaders and members, and the confiscation of weaponry. The bill also lays down regulations such a system of monitoring surrendered confiscated items, members, and a weapons permit system. In an interview, Retired General Edilberto Adan shared that a law must be crafted to ban private armed groups to prevent further electoral violence. While this Bill had been languishing in the Congress since 2013, there is a palpable sense of urgency with the upcoming elections. With the dark looming specter of the Maguindanao massacre, the country cannot afford another security lapse. We cannot continue to unjustly suffer the loss of a child, sibling, parent, friend, or representative. Congress must enact the Anti-Private Army Act. SOURCES: “Ending the Cycle of Electoral Violence in the Philippines” <http://www.forum-asia.org/?p=5565>
October 2015
35
Banyagang Dila
a
y is t s u H g n a m e t is sa Pilipinong S A A
Bakit
nga ba hindi Filipino ang wikang ginagamit sa mga kapasyahan ng Korte Suprema? Bakit hindi ito ang pangunahing wika na ginagamit sa sistemang panghukuman? Bakit walang saling Filipino ang Kodigo Sibil na malawakang nabibili sa merkado, kasama ang maraming batas na hindi rin inakda sa nasabing wika? Bakit hindi ito ang pinag-aaralan sa mga institusyon ng pag-aabogasya kung ang lahat naman ng nag-aaral dito ay pawang mga Pilipino? Natatangi ang kasong People vs Vinuya1 sapagkat ito ang natatanging kapasyahan ng Korte Suprema na isinulat sa wikang Filipino. Ang nasasakdal na si Ventura Vinuya, na inihabla sa salang panggagahasa sa isang sampung taong gulang na bata, ay nakatuntong lamang sa ika-limang baitang sa mababang paaralan. Minarapat ng dating Mahistradong Antonio Martinez na lubos na maunawaan ng inusig ang kinahantungan ng kanyang kaso. Kung gayon, bakit hanggang ngayon ay sa wikang Ingles pa rin isinusulat ang kapasyahan ng Korte Suprema, kung ang nais natin ay Matatag na Republika? Ang Tagalog, na isa sa marami at mayayamang dayalektong bumubuo sa wikang Filipino, ay mula sa salitang “taga-ilog” na siyang katutubong wika ng mga mamamayan sa kalakhang Luzon. Ito ang napiling pambansang wika sa pangunguna ni dating Pangulong Manuel Quezon mula sa mga rekomendasyon ng Surian ng Wikang Pambansa noong 1937. Mahigpit ang mga naging argumento sa pagpili at sa huli ang naging matibay na basehan ay ang laki ng populasyon. Kung nagkataon na hindi nahahati ang wikang Cebuano sa iba’t ibang sangay na dayalekto, ito sana ang ating pambansang wika ngayon dahil mas marami noon ang mga Cebuano kumpara sa mga Tagalog. Nanaig sa huli ang Tagalog dahil bagamat mas kaunti ang gumagamit ay wala na itong iba’t-iba pang sangay na dayalekto; buo at hindi hiwa-hiwalay ang pagka-hubog nito bilang isang katutubong wika. Bilang nagkakaisang bansa at masigasig na nasyonalismo ang mithiin ng mga mambabatas, Tagalog ang itinaguriang pambansang wika.
Ni
ce
mulong
Hukuman ang hamon ng Saligang Batas na naglalayong patibayin pa ang pagkakakilanlan ng kulturang Pilipino patungo sa Matatag na Republika. Kaya nung 2006, itinatag ng Korte Suprema kasabay ng Pambansang Pagtitipon ukol sa Kalayaan at Kasaganaan, ang Komisyon ng Lingguwistika na naglalayong alisin ang pagiging hadlang ng paggamit ng wikang Ingles sa ganap na pagdatal ng hustisya sa iba’t ibang sektor ng lipunan. Nilalayon nito na isalin sa Filipino ang lahat ng mga mahalagang kapasyahan ng Korte Suprema kasama na ang mga pangunahing batas. Dito pa lamang ay malinaw na bagamat nauunawaan ng Korte Suprema ang problemang naidudulot ng pangunahing paggamit ngwikang Ingles, ito pa rin ang ituturing na opisyal na wika sa larangan ng hustisya. Sa ngayon, maaring maging hadlang sa mabilis na paggawad ng hustisya kung tanging Filipino ang gagamitin ng hudikatura dahil hindi lahat ay matatas dito. Halimbawa, kung ipipilit na gamitin ang Filipino sa isang hukumansa Mindanao, ito ay magdudulot lamang ng sagabal at kaguluhan sapagkat ang mga tao roon ay hindi bihasa sa Filipino. Pangunahing itinadhana ng Saligang Batas na ang sino mang iniimbistigahan dahil sa paglabag ng batas ay mayroong karapatang malaman angkaniyang karapatan. Kinakailangang lubos itong nauunawaan ng nasasakdal. Ang mahalaga ay hindi natatapakan, naiipit, o nababalewala ang karapatan ng nasasakdal. Malinaw na higit ang sakop at lawak ng tawag ng katarungan kumpara sa pambansang pagkakakilanlan.
VOX POPULI What changes in the Revised Penal Code do you think are necessary to address the preponderance of crimes in the country? The RPC needs to consider crimes that are committed through contemporary means, like the internet. Also, they need to remove things like “offending religious feelings.” - Anonymous There should be an increase in penalty (either in length of time or in attachment of higher fines) and proper implementation of aggravating circumstances as to recidivism and reiteracion and the removal of the imposition of capital punishment. - Angelica Dansal, Second Year
I firmly believe that changes in the Revised Penal Code is not the proper way to address the preponderance of crimes in our country. What we need is better implementation of laws. We already have crimes against persons, property, chastity, public order, security, and we even have Penal Laws that are labeled as the “catch all provision”, where in cases of loopholes in other Penal Laws, the perpetrator of the overt act or omission may still be held liable. The problem does not lie in the substantive law per se, but on its proper and effective implementation. - Jolo Gonzales, Third Year
How should the traffic congestion in Metro Manila be resolved? The best way to decongest the traffic in Metro Manila is a two-way process: [There should be] discipline among motorists and better implementation of traffic rules, which I think the HPG has done well compared to that of the MMDA. - Paolo Tamonte, Third Year All traffic management actions, such as policy crafting, enforcement, and day-to-day management, should be under one body. Divest LGUs of any influence over the system. Get rid of superfluous public transportation, (e.g. pedicab, trike, jeep) and install an efficient, well-connected bus transit system under the control of government. Nationalize the bus system and not give out franchises. - Drew Nadal, Second Year
Better urban planning, stricter implementation of traffic rules and regulations with harsher penalties, and drivers themselves should be more disciplined. -Antonette Yap Duque, Fourth Year We need a more reliable public transportation. The main reason why there is an overabundance of road vehicles is the lack of a safe, fast and reliable public transportation. This applies to both the transportation of persons and of goods and commodities. A good public railway system would not only solve traffic congestion, but also alleviate the need for people to live in the major cities. Overpopulation in cities would be lessened. If a public train system similar to those in other countries would exist here, it would allow a person living in the province, to travel to Manila to work, and go home to the province. - Arthur Angelo Ang, Third Year COMICS BY EUGENE YUSI
Hindi wika ang puno’t dulo at nag-iisang batayan pagdating sa hukuman. Ang mahalaga ay mabigyan ng buhay at kapangyarihan ang hustisya sa abot ng makakaya. Dahil kagaya ng wika, matalino at may sariling buhay ang batas at wala itong pinipiling wika. Ang hustisya ay pumapasaibabaw sa wika. Hubad ito. Tagalog, Cebuano, Hiligaynon, Iloko, Bikol, Kapampangan, Maguindanaoan, Maranao, Pangasinense, Bahasa Sug, Chabacano, Waray, Ybanag, Ivatan, Sambal, Aklanon, Kinaray-a, Yakan, o Surigaonon man, ang mali ay mali, at ang tama ay tama. Iba ang agos ng ilog na binabagtas ng nasyonalismo kung ihahalintulad sa karagatang lalim at lawak ng bulag at walang kinikilingan na katarungan. Walang kinikilingang wika ang batas. Bulag ito. Hindi ito banyaga at hindi ito Pilipino.
Ipinag-utos ni dating Pangulong Corazon Aquino noong 1988 ang EO No. 335 na naglalayong gamitin ang Filipino sa mga opisyal na proseso at komunikasyon ng gobyerno. Itinalaga ng batas na ito na magkaroon ng tagapangasiwa ang bawat ahensya at sangay ng pamahalaan na mamamahala sa pag-akda sa Filipino ng lahat ng komunikasyon at proseso Iba ang agos ng ilog na binabagtas ng nasyonalismo nito. Subalit bakit hindi ito naipapatupad sa hudikatukung ihahalintulad sa karagatang lalim at lawak ng bulag ra? at walang kinikilingan na katarungan. Lubos na nauunawaan at tinatangkilik ng Korte Walang kinikilingang wika ang batas. Bulag ito. Hindi Suprema ang mga batas kaugnay ng pagsulong sa higit ito banyaga at hindi ito Pilipino. na matibay na nasyonalismo. Hindi kaila sa Mataas na 1 G.R. No. 125925, January 28, 1999
36
The Red Chronicles Vol. 9 No. 1
October 2015
37
Conceptrum
De-stressing 101:
(President’s Avenue, BF Homes, Parañaque)
If you are a fan of crime-solving television series or first person mission-based games, then this is the place for you. A first of its kind in the south, Conceptrum brings a new take on break-out or escape rooms. All three game rooms (Framed, Blackout, and Deranged) give players a scenario where they are assigned a different persona. For a fee of P380 per head for students (discounted price for a minimum of 5 students), Conceptrum is a sure hit for the thrill-seeking, competitive, and critical-thinking law students!
8 Stress-Relieving Places in the South
By Sarj Mella and Grean Añonuevo
Photos by Sarj Mella and Ralph’s Wines and Spirits Website
Still mulling over a bad recitation? Are you feeling stressed over your backlogs? Have you been
spending less time with loved ones because of voluminous reading assignments? Or have you simply been studying day and night that you forget to actually have fun? Well, fret not because we have these 8 stress-relieving activities to get you through the week
Tip: Never take anything in the room for granted!
Anytime Fitness
Ralph’s Wines and Spirits
(Metrostar Building, Aguirre Avenue, BF Home Parañaque)
(Molito Complex)
Bringing the gym game to a whole new level, Anytime Fitness boasts of its modern gym equipment and group classes. What sets this place apart from its close competitors is that they offer a 24 hour gym service. This is convenient for law students who normally end their classes at night. Just like having your own gym, members also have the luxury of going in and out of the gym without having to go through a reception desk. The club is equipped with state-of-the-art security system as well.
Whether you’re a wine connoisseur or just an enthusiast wanting a drink after a day’s work, Ralph’s Wines and Spirits is the perfect place for you. From Cabernet Sauvignon, Chardonnay, Merlot to vodka, tequila or even beer, you may choose whichever drink suits your palate. More than wine and liquor, Ralph’s also offers a variety of cheese and deli to pair with your drink. Ralph’s Wines and Spirits has branches in BF Homes, Parañaque City, Festival Mall, Muntinlupa City, and Molito Complex Alabang, Muntinlupa City. Prices vary depending on the drink of your choice.
Tip: Punch and kick stress away by trying boxing and Muay thai!
Tip: The Molito Complex and Festival Mall branches are resto-type wine stores that are better places to relax than your usual bars around the metro.
Puzzles
(287 Aguirre Avenue, BF Homes Parañaque) Puzzles caters to the inner child of law students. For a fee of P100.00 per person, customers are given unlimited access to an array of board or card games— from your usual Monopoly, Jenga, and Cards Against Humanity to different varieties of role-playing board games. Game masters are present in the venue to help you learn new board games. Puzzles is a breather from school as students become immersed in the games, instead of thinking about school.
LazerXtreme
(Alabang Town Center)
Unleash your competitive self through laser tag at LazerXtreme. Laser tag is a teambased game where opposing teams attempt to score points by tagging the opponents who are wearing infrared-sensitive vests, using the hand-held infrared-emitting “laser guns.” The game can be played using different set-ups designed for a selection of challenges. LazerXtreme is located at Alabang Town Center, Muntinlupa City. Their game rates vary from Php170 per game/per person from Mondays to Thursdays and Php190 per person/ per game from Fridays to Saturdays.
Tip: Try their snacks and milkshakes to fuel your inner gamer and to satisfy your tummy.
Tip: This place is not for the timid because it will surely drain the life out of you.
Manhattan Spa & Wellness Center (Studio One, Northgate Filinvest City, Alabang)
Artist’s Haven Café
Nothing beats a good massage when your shoulders feel heavy. Manhattan Spa offers services ranging from traditional body massages to healing regimens. Additional services such as waxing, foot and hand reflex, body scrubs, manicures, and pedicures are also offered. Manhattan Spa is open from 12:00 noon to 3:00 am from Mondays to Fridays and up to 1:00 am on weekends. Price rates vary depending on the service.
(190 Aguirre Avenue, BF Homes Parañaque) This place is a haven for artists and those who want to escape reality, appreciate art, and unwind. Built in the 1980s, Artist’s Haven Café started from collecting and selling paintings to what it is now known — an art gallery serving a personalized menu with dishes named after famous artists. Workshops and events are also hosted in the café. Its relaxing and quiet ambience makes it conducive to studying or for enjoying your own quality time. Artist’s Haven Café is located at 190 Aguirre Avenue, BF Homes, Parañaque City. Opening hours is from 10:00 am to 8:00 pm every day. Tip: Try their Mona Lisa’s Cheeks and Claude Monet Baked Chicken Curry.
Tip: Home service is available for customers located in the Alabang area.
Konanda Archery Range
(Metrostar Building, Aguirre Avenue, BF Homes Parañaque)
Kodanda Archery Range gives a different avenue for law students to release their stress. For P580.00 per head, they offer unlimited access to the Archery Range, inclusive of bow and arrows rental plus your target paper and basic archery training. Archery gives you a sense of relief by helping the stressed mind to relax and focus only on your bow, the arrow, and the target. Tip: Up your shooting game by having a blown-up picture of someone placed on your target paper.
38
The Red Chronicles Vol. 9 No. 1
October 2015
39
The Red Chronicles is now accepting entries for Ciudad, the literary publication of AY 2015-2016.