Hominum et Aequalitas “To deny people their human rights is to challenge their very humanity.” –Nelson Mandela
We live in a structured world where there are countless laws
to abide by, numerous unwritten rules that are followed out of proper etiquette or conformity to society, and fundamental rights, not just for human beings, but for animals and the environment as well. According to the UN Office of the High Commissioner for Human Rights, the right to protect the individual are “inherent to all human beings,” regardless of “nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status.” Nowadays, more laws, bills, proposals, and protocols are being passed; and more organizations being strengthened and formed to answer the need to protect the rights of every human being. In the book Human Rights Law, Human Rights Culture, distinguished professor Commissioner Rene V. Sarmiento provides that a person’s rights are currently being safeguarded through domestic, administrative, and international remedies that address violations and abuses against persons. For this issue, The Red Chronicles found it fitting and timely to have the theme Human Rights in light of the growing number of human rights violations, locally and internationally; and in recognition of the fact that despite the alarming figures in the abuse of human persons, the awareness of the need to protect the rights of individuals has rapidly grown. This issue also puts special focus on topics related to women and children, in simultaneous celebration of March Women’s Month. For the cover story, Atty. Katrina Legarda shared snippets of relevant information and points of view regarding the necessity to uphold the protection of human rights, regardless of age or gender. One of our esteemed mentors in the faculty, Atty. Myra Angeli Gallardo-Batungbakal, shares her thoughts on the Violence against Women and Their Children Act (VAWC). Our TRC faculty adviser, Atty. Rita Linda V. Jimeno, in her column, further discusses the negative repercussions of the VAWC.
Other feature and opinion articles worth reading are the writeups on the Supreme Court decisions regarding PDAF and the Cybercrime Law; the discussion on the Anti-Bullying Act, Republic Act 10592 amending provisions of the Revised Penal Code on time deductions which helps address the problem of jail congestion; the latest version of the Anti-Discrimination Bill (HB 110); and Ambassador Amado Tolentino’s opinion regarding the right to die. An exclusive interview with Dean Ulpiano Sarmiento III and Student of Prefect Affairs Atty. Bruce V. Rivera is further contained in this issue. The news articles cover school programs and outside events participated in by the law students this 2nd semester. The article on Tuition Fee Increase lays down the changes and rationale in the rise of the assessed fees. Worth noticing is the Seniors’ Red Mass, which is the first for SBCA-SOL. A timely update of the Yolanda calamity that has greatly befallen our Filipino brothers and sisters in the Visayas and some parts of Southern Luzon is chronicled in the Current Events section. The TRC staff, through personal interviews and surveys from the student body, also penned an assessment of the performance of the SLG officers in the Year-End Benchmark Report. In addition, student contributors gave the following articles: climate change and the importance of following environmental laws; the petition filed by Atty. Antonio Oposa, Jr. and Share the Road Movement (some of the petitioners and members coming from SBCA-SOL) before the Supreme Court; and the ALSA Singapore Conference article participated in by some of our schoolmates. As the school year comes to an end, we, The Red Chronicles, thank the SOL community for allowing us to be of service to them through the medium of written vernacular and printed words. We hope that we have delivered news that matters, as it happens to the student body and administration that we serve.
COVER PHOTO by Luvimindo Balinang Jr.
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OFFICIAL EDITORIAL BOARD
TheRedChronicles
Maria Josefina Alfonso Editor-in-Chief Samantha Santos Associate Editor Dugie Dela Cruz Managing Editor Anne Padilla News Editor Hayde Talorong Features Editor Stephanie Dandal Assistant Features Editor Roselle Jimeno Literary Editor Ron Esquivel Senior Photographer Laisa Aguila EIC Emeritus Kat Santiago Associate Editor Emeritus Rose Ann Reyes Literary Editor Emeritus Atty. Linda Jimeno Faculty Adviser Staff Martin Bellen Mau Betita Christine Cruz Suyen Dimanlig Joseph Franco Kelly Lao Magic Movido Angelo Murillo Vienna Parce Arianne Pascual Camille Villasin Tia Perfecto Mayan Saidamen Robert Salao Lawrence Solis Design & Layout Luvimindo Balinang Jr. Kat Belarmino Lailani Blancaflor Carlo June Tibayan Cartoonist Christine Banzon Photographers Kat Belarmino Sarj Mella Charmaine Pielago Benjamin Yu Web Design & Management Lailani Blancaflor Circulations Manager William Eusores Contributors Jamie Elaine P. San Diego Patricia Janelli Davide Mary Grace Desuasido Bradly Listones Carla Angela Valera
Rm. 301 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 VOL. 7 NO. 2
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TUITION FEE AND OTHER FEES INCREASE FOR SCHOOL YEAR 2014-2015
By Maria Josefina R. Alfonso
A multi-sectoral consultation meeting regarding the pro-
TABLE A: INCREASE IN TUITION FEE SAN BEDA COST PER Current Proposed % of Inc UNIT LAW 1,616.90 1,810.93 12% TABLE B: COMPARATIVE TUITION FEES LAW
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II III IV
SAN BEDA Current Proposed
1,616.90 1,616.90 1,616.90
1,810.93 1,810.93 1,810.93
% of INC 12% 12% 12%
posed increase in the cost per unit of the tuition fee and other accounts was held on February 18 at the St. Maur Board Room. Members of the San Beda Alabang administration and representatives of the School of Law attended the meeting.
OTHER SCHOOLS A B 2,566.21 2,233.49 2,043.50
TABLE C: OTHER ACCOUNTS WITH INCREASE
ASSESSED FEES TABLE D: ASSESSED FEES TUITION FEE Current Cost Per Unit MISCELLEANEOUS SL-‐ Registration SL – Library (Internet Fee) SL – Medical and Dental SL – Athletics SL – Guidance SL – Audio Visual SL – Student Activity Fund SL – Publication Fund SL – Cultural Fee OTHER FEES SL –Others (BAR OPS) SL – Energy Fee SL – Examination Booklet WiFi Fee CD ASIA ONLINE & Lexis.com THE RED CHRONICLES VOL. 7 NO. 2
2,287.35 2,178.10 2,094.15
1,616.19 850.00 1,963.00 419.00 406.00 738.00 288.00 663.00 494.00 100.00 375.00 938.00 300.00 350.00 1,200.00
In the consultation assembly, Rector-President Rev. Fr. Anselm Manalastas, OSB presented the exact surge in the assessed fees for the subsequent academic year and rationalized the need to do so. Those present to explain the necessity for the increase were School of Law (SOL) Dean Ulpiano Sarmiento III, Finance Director Rev. Fr. Aelrod Nilo, OSB, Comptroller Ms. Amelia F. De Leon, and Human Resource Management Officer Mr. Luisito Padolina. Also present to represent the student body were School of Law Government President Charles Baculi, The Red Chronicles Editor-in-Chief Maria Josefina R. Alfonso, and VolCorps members. The administration provided two basic reasons for the increase. First, the rising cost of living and the growing inflation rate, currently pegged at 4.1% as of February 2014 according to the National Statistics Office, has made it harder for the school to keep up with the rising expenses incurred on campus. Second, to continuously engage the services of a premier faculty, a salary increase is wanting. Ms. De Leon explained that the salary increase was not just brought about by swift decision making on the part of San Beda Alabang, but was based on a survey with various schools in Northern and Southern Metro Manila, which manifested the latter’s intention to increase the tuition fee to accommodate higher basic salary pay for teachers. She quickly pointed out that under the Government Assistance to Students and Teachers in Private Education Act (Republic Act 6728), it is mandatory for schools to allot 70% of what they receive in tuition fee payment from the students for teacher’s wages. Thus, the wage increase will not only affect the SOL, but also the teachers from the other departments of San Beda.
come at a cheap price. He further explained that retreat attendees are provided with decent food and lodging facilities in the retreat center. With regard to the current and proposed insurance fee, Rev. Fr. Manalastas claimed that the amount is relatively low compared to the charges imposed by other insurance companies to similar institutions. On the other hand, the necessity of adding a substantial amount to the current energy fee is brought about by the rising energy rate. In addition, he mentioned that the organization fee was specifically requested by the Prefect of Student Affairs Atty. Bruce V. Rivera for training and seminars of the various SOL organizations. Lastly, a Legal Aid Bureau fee will be added for the expense of the Legal Aid Center. When asked why there is a need to separate the Internet and WiFi fees (see Table D), it was explained that the former is for the maintenance and continued usage of the fiber optic device utilized by students, while the latter is for the employment of outside services and devices that help speed up the Internet capacity. Rev. Fr. Manalastas guaranteed that, “facilities will really be upgraded to suit the student’s needs.” He mentioned the future plans of having online enrollment and online payment of tuition fees as some examples. Furthermore, 200 plus CCTV cameras will soon be installed around campus for better security of students. However, the biggest plan for the SOL community is the construction of the law students own building. It will be a five-floor structure to be used solely by the SOL, and the library will be relatively bigger than the current library. As of press time, the tuition fee increase proposal is already with the Commission on Higher Education.
Since the last increase was imposed in school year 20112012, the administration finds it timely to have a rise in the tuition fee and other fees. The Comptroller Ms. De Leon provided the SLG and the Red Chronicles with the following tables. As presented in Table A, there will be a 12% augmentation of the cost per unit in the SOL. Thus, from the current P1,616.90 per unit, it will be P1,810.93 per unit by Academic Year 2014-2015. She further provided that compared to two other leading law schools in Metro Manila, our cost per unit is fairly low (See Table B). Aside from the rise in the tuition fee, there will also be some surge in the other accounts (See Table C). RectorPresident Rev. Fr. Manalastas, OSB justified the increase in the recollection and peace retreat fees by explaining that the food and accommodations given to students do not MARCH 2014
Statement from the SLG: The student body deserves to get a just treatment based on the tuition fee increase by promoting and safeguarding their rights, welfare and interests. The increase would be relevant if it is maximized by the students through the improvement and exhaustive use of the facilities and superior services given by the school. The students are looking forward to improved facilities and services in order to assure the maximum enjoyment of their benefits under the assessed fees.
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Pista ng Sto. Niño: It’s Viva Sto. Nino All Over Again! By Joseph Franco
The Pista ng Sto Niño, popularly known in the San Beda community as Frolics, traces its roots from the first procession around Mendiola on January 20, 1905. San Beda College Alabang holds its celebration every third week of January.
The festivities began at 7AM on the cold Friday morning of January 17, with the installation of the image of the Holy Child at the football field. Leading the ceremony were RectorPresident Rev. Fr. Anselm Manalastas, OSB, and this year’s hermano mayor, School of Law (SOL) Dean Ulpiano Sarmiento III. From there, it was a day-long string of fun activities. SOL conducted a whole-day Free Legal Consultation at the St. Maur Hall, through its Legal Aid Center. The first day of the celebration ended at 6 pm, with a prayer vigil led by the College of Arts and Sciences at the football field.
The morning of January 18th opened with various dances from the elementary students in their field demonstration. At the gymnasium, SOL treated its students to a host of Pinoy games such as tug-of-war, sack racing, egg toss and boodle fight from 10 am to 12 pm. After reciting the rosary at the chapel at 3 pm, students, ecclesiastics, alumni and devotees of the Bedan community accompanied the image of the Child from Prague in the yearly procession through the streets of BF Manresa and Buencamino. The procession ended at the football field at around 6 pm, and was followed by the Holy Mass presided by Rector-President Rev. Fr. Anselm Manalastas, OSB. The two-day celebration and merry-making came to a close with an eye-popping display of fireworks sponsored by the SOL, and an Agape Meal at the gym for the San Beda College Alabang staff.
BEWARE AND BE AWARE: An In-Depth Course About Human Trafficking By Charmaine Pielago
The Legal Aid Center (LAC), led by chairman Ian Bascon-
cillo, and in cooperation with the Department of Justice InterAgency Council Against Trafficking (DOJ-IACAT), conducted its first major activity last December 6 at the St. Maur Auditorium. The seminar, entitled “The Problem of Trafficking in Persons: A Seminar in Commemoration of the International Day Against Trafficking”, sought to increase awareness about human trafficking and the relevant features of Republic Act No. 9208, also known as the Anti-Trafficking in Persons Act of 2003. The activity opened with a talk from Human Rights Law professor and former COMELEC commissioner Rene Sarmiento on the proliferation of human trafficking at present. This was followed by a showing of “MTV Exit”, a documentary on the stories of various young girls who became victims of modern day slavery. The film drove home that human trafficking can
take any form or manner and can take anyone as a victim, and highlighted the importance of awareness. Speaking at the event were Atty. Rea Marcelo-Roxas and Atty. Jesse Bautista, two Assistant City Prosecutors and members of the DOJ-IACAT. Atty. Marcelo-Roxas explained the purpose of DOJ-IACAT and its operational and legislative responses against Trafficking in Persons, while Atty. Bautista gave a comprehensive discussion of RA 9208. The large number of attendees was a proof of the success of the event. . “It was a fruitful event and I was happy to know that aside from the unexpected number of attendees, students were actually discussing the issues even after the seminar in social media,” says Basconcillo. This positive outcome inspired the LAC to conduct more informative and insightful projects for the student body in the future.
Legal Aid Center Offers Free Legal Consultations By Arianne Pascual
One of the highlights of this year’s Sto. Niño feast was a free
legal consultation event last January 17. The activity, conducted by the San Beda College Alabang – School of Law Legal Aid Center (LAC), sought to provide free legal assistance to members of various sectors of society in southern Metro Manila.
As of press time, the LAC is drafting a Memorandum of Agreement for a future partnership with the management of the New Bilibid Prison in Muntinlupa City. Under the agreement, the members of LAC can conduct free legal consultations with the detainees, and assist them with their parole applications.
LAC members had the chance to practice their legal skills as they interacted personally with clients and took on queries and disputes involving family relations, property relations, unlawful detainer, obligations and contracts, sales and lease, violations of Batas Pambansa Blg. 22 (Bouncing Checks Law), and other criminal law issues. Atty. Lauren Tanyag, Atty. Jose Vicente Capellan, and Atty. Myra Gallardo-Batungbakal were present to guide the students during the event.
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THE RED CHRONICLES VOL. 7 NO. 2
Singapore ALSA Conference 2014 By Jamie Elaine P. San Diego*
The Asian Law Students’ Association (ALSA) Conference was held last January 3 to
8 in Singapore, Singapore. The Philippines were represented by law students from San Beda Alabang School of Law (SBCA-SOL), De La Salle Law, De La Salle-FEU Law and Far Eastern University College of Law. The ALSA Conference unleashed the arbitration and debate skills of different delegates all over Asia including countries like Laos, Thailand, Sri Lanka, Philippines, Singapore, Japan, Vietnam, and Korea. The five-day conference represented the talents and core competence of each Asian delegate in the following activities: table negotiations on pressing international issues, moot court competition, and meetings attended by the Governing Council representatives. The social events were inspired by different themes such as Casino Royale and Bon Voyage. Moreover, the Cultural Night held at the SAFRA Mount Faber exemplified the vast and diverse culture of the Asian delegates. The participants were also able to meet with associates from Clifford Chance, a multinational law firm headquartered in the United Kingdom. Aside from the activities, the delegates had the chance to visit the Supreme Court of Singapore and the Singapore International Arbitration Centre. The organizing committee of the event was grateful for the cooperation of the participating member-countries as they were intensely involved in the brainstorming and research. The National Board Officers played a big role by facilitating the event. Newly introduced members and old members of ALSA experienced warmth and sincerity as the Singaporeans toured the delegates in their beloved country. The countless number of participants who confirmed to be part of such journey had made the event a success. *The author was a table negotiation delegate who represented SBCA-SOL to the said ALSA Conference.
SBCA-SOL Implements New Enrollment System By Vienna Olga Parce
The second semester of Academic Year 2013 – 2014 saw a change in the enrollment procedure of the School of Law (SOL). Instead of having to patiently wait in line at the Dean’s Office for their subjects to be encoded, enrollees did the encoding themselves in three simple steps: Plot, Print, and Pay.
Enrollment was at the spacious and air-conditioned St. Maur Auditorium, a venue that accommodated the growing student population better than the usual classrooms and office corridors. After a draw lots system at 9 AM to determine places in line, five students at a time went onstage to personally enter their desired schedules and print their pre-registration forms. Enrollment counselors were on hand to answer questions about the new enrollment procedure and guide the enrollees through the encoding process. Once they had their forms, students then proceeded to the accounting office for payment. School of Law Government (SLG) President Charles Baculi said the new system was designed to address the long waiting time and frustrating queues at the admin-encoder that plagued the old enrollment system, and to better serve the increasing number of enrollees for the SOL. The Volunteer Corps (VolCorps) aided the SLG and provided some legwork in the implementation of the new enrollment system. Baculi and VolCorps Head Sarah Joy Mella hailed it as a success, citing the transparency and the efficiency of the procedure. While the response of regular students to this semester’s enrollment procedure had been positive, some irregular students criticized the unavailability of most subjects on the days assigned for irregular enrollment, and the tedious process of obtaining the dean’s approval for upper-year subjects. Enrollees for the last day also bemoaned the crashing of some computer units and the resulting delay in enrollment. Mella admitted that the procedure still needs some improvement, especially regarding the draw lots system. She pointed to the dissemination of information on the system as their main problem. Both Baculi and Mella believe the implementation of the new enrollment is but one of the ways to a more effective and favorable system, and expect better innovations in the semesters to follow.
MARCH 2014
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By Joseph Franco
The San Beda College Alabang School of Law (SBCASOL) community, joined by their peers from San Beda College Manila, stretched their legs around Alabang Hills Village at the “Red ‘N’ Luvin’ It” fun run last February 16.
By Camille Villasin
T
he San Beda College Alabang School of Law (SBCA-SOL) celebrated another milestone with its first Seniors’ Red Mass and the annual Thanksgiving Dinner last January 13.
After warming up in a simple program led by SOL Prefect of Student Affairs Atty. Bruce V. Rivera in front of St. Maur Hall, approximately 750 runners took to the streets of Alabang Hills Village on a 2k, 5k or 6k course of their choice. Along the way, participants collected markers at strategic points of the track as proof of having run and completed the course. Those in the 2k course had the extra treat of racing alongside their small pet dogs. The School of Law Government and the Volunteer Corps manned the pit stops and race booths, and monitored the runners’ progress to ensure safety and adequate coordination. Two nurses were on standby for medical emergencies.
The Red Mass was officiated at the St. Benedict Chapel by Rector-President Rev. Fr. Anselm M. Manalastas, OSB at 6:30 pm. The Red Mass is a tradition that the SOL Administration and School of Law Government (SLG) seek to integrate in the community, as thanksgiving for the fruitful years that its senior students have spent in law school. Although primarily for the seniors, the Mass was attended by the whole law school student body to show unity and solidarity. The Thanksgiving Dinner, hosted and sponsored by the seniors, quickly followed at 7:30 pm at the St. Maur Building Patio. The masters of ceremony were Dino Austria and KC Camba. Senior Batch Representative Bradley Listones welcomed the seniors to the event, reminding all that the dinner was a great opportunity to thank the faculty and administration for the wisdom they have imparted to the seniors. SLG Internal Vice President Carlos Romulo shared with the attendees the meaning and significance of the event. “A Red Mass is a mass celebrated annually in the Catholic Church for judges, attorneys, law school professors, students, and government officials. The Mass that we celebrated earlier seeks to request guidance from the Holy Spirit for all those who seek justice, and it also offers the opportunity to reflect on what Catholics believe is the God-given power and responsibility of all in the legal profession.” As the event also coincided with the birthday of Dean Ulpiano P. Sarmiento III, The Red Chronicles presented a surprise audio visual photo montage of Dean Ulan with his family, colleagues and students. It highlighted his different roles as a family man, as a leader, as a lawyer, as a philanthropist, and as a dean, and contained birthday messages from his children. Seven senior students then shared their experiences with Dean Ulan, praising him, not only as an academic leader, but also as a second father to the SOL community.
Taking home the gold were Gerald Amoranto and Maria Josefina Alfonso for the 5k race, and Abraham Alzate and Patty Salas for the 10k race. The fun run has been an annual event since 2009, as part of the Frolics celebration. Due to time constraints, this year’s 8events were held separately.
The Seniors also prepared a dance presentation led by William Eusores, Elaine Mangrobang and Marchie Yara, and a duet by Ronald Pasamba and Stefan Ellise Bernardo. All of these performances were prepared for Dean Ulan.
THE RED CHRONICLES VOL. 7 NO. 2
Dean Ulan closed the night with his message of gratitude, appreciation and encouragement. He wished the seniors happiness wherever their future may MARCH 2014 take them, regardless of the accolades they might receive. 9
Conflicts of Law 2014 By Nastasia Anne C. Padilla
N
umerous law schools in Metro Manila once again competed against each other for various sports in the annual Conflicts of Law. Far Eastern University (FEU) hosted the five-week event, which started last February 2. Through the efforts of the Association of Law Students of the Philippines-National Capital Region, headed by its Chairman Mr. Faizal Hussin Jr.., the event was participated in by more than twenty law schools. The participants were able to display the spirit of sportsmanship and healthy competition in the following games: basketball, volleyball, swimming, football, futsal, badminton, table tennis, and track and field. There were also minor events such as debate, CrossFit, chess, billiards, e-games (DoTA), and beer pong. These were held simultaneously in the campuses of FEU and San Beda College Manila. This year, San Beda College Manila emerged as the over-all champion with 46 points. The athletes of San Beda College Alabang School of Law (SBCA-SOL) brought pride and honor to the school as some of them placed in various competitions. For instance, SBCA-SOL’s CrossFit team was declared as the champion in their arena. The women’s basketball team and women’s volleyball team both placed third in their respective sports. These achievements prove that the SBCA-SOL student athletes excel, not just in law school, but also in the field of sports and fair play.
By Robert Salao
T
he halls of SBCA-SOL were filled with festive vibes as it celebrated the annual Mr. and Ms. Lex Pageant and the SOL Christmas party, “Sui Generis”, last December 17 and 18. The pre-pageant at the St. Maur Auditorium last December 17 was a showcase of beauty and talent. The candidates lit up the stage dressed as different characters from Broadway plays, such as Satine and Christian of Moulin Rouge, Belle and Beast of Beauty and the Beast, and The Beast and Ali of Burlesque. The participants then dazzled the attendees with a display of their various talents and a show of sharp wit during the talent and question & answer portions. A new addition to the event, the Environmental Wear portion, gave them a chance to demonstrate their creativity in creating and modeling clothes made from recycled materials. The evening of December 18 was a warm-hearted Christmas celebration with “A White Bedan Christmas Party”, as all the proceeds from the event were donated to victims of super-typhoon “Yolanda”, which had ravaged the country barely a month before. It was a light but hearty affair, thanks to the jokes of hosts Cyrus David and Jowee Marquez, the cheery Christmas carols from a live band, and the performances of several students and the candidates of the Mr. and Ms. Lex pageant. The party came to an ecstatic end with the coronation of Ivan Justin Indino and Alex Martirez as the new Mr. and Ms. Lex. In second place were Leandro Manabat and Rissienne Shayne Gammad, and in third place were Cholo Carlo Sevilla and Cherrey Joy Ycong.
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LEX CELEBRACIONIS 2013 By Christine Bernadette Cruz A
midst the pressure and demands of law school, the School of Law (SOL) community welcomed once again its most anticipated escape from academic life. The SOL held its annual Lex Cebracionis last Dec 12 to 16 at the San Beda College Alabang gym and sports complex, where different teams from all levels competed in various games and after-school activities for fun and skill development. The event sought to bring out the passion for sports in the SOL community. It aimed to develop team spirit and cohesion, and to instill the values of sportsmanship in a competitive yet friendly environment. The sophomores conquered the event, as they were declared as the overall champion, garnering a total of 293.5 points. Trailing them were the freshmen with 237.5 points, the juniors with 208 points, and the seniors with 165 points. Lex Celebracionis has expanded its choice of sports events over the years. Aside from the traditional games such as basketball, volleyball, badminton, swimming, table tennis, and futsal, the organizers added new events for this year such as billiards, food eating contest, beer pong, counterstrike, and DOTA. The highlight of the event was the exhibition basketball game between the SOL students and faculty members.
THE RED CHRONICLES VOL. 7 NO. 2
MARCH 2014
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YOu LENDa Hand: SBCA-SOL Responds to Typhoon Yolanda Victims
Yolanda, Four Months After By Kelly Lao
By Dugie Dela Cruz
T
Typhoon
he most destructive storm of 2013 and the most powerful in world history to ever make landfall, Super Typhoon “Yolanda” (international name: Haiyan) devastated the Philippines last November. It raged over Visayas and parts of Southern Luzon, battering numerous cities and provinces – Ormoc and Tacloban its most infamous casualties - and leaving a massive trail of dead bodies and ruined infrastructure behind.
Yolanda was the worst tragedy to befall the Philippines late last year, leaving in its wake a fatal aftermath that claimed 6,190 people according to the National Disaster Risk Reduction and Management Council. Internationally known as Typhoon Haiyan, it affected many countries, the Philippines, Micronesia, and Vietnam suffering the most damage. In seriously affected areas in the Philippines, rampant looting during and after the calamity also became an additional problem for the national and local government. The storm had brought out some of the worst in people, but it also drew out two of the best qualities of a Filipino – compassion for his suffering countrymen, and determination in helping them get back on their feet.
Records from the Official Gazette of the Philippines and popular social news network Rappler.com put the casualty count above 36,000, with 6,201 dead, 28,626 injured and 1,785 still missing. In addition, the National Disaster Risk Reduction and Management Council places the damage left behind well over a staggering P35 billion pesos. The shocking toll touched many hearts around the world; the Foreign Aid Transparency Hub reported that over P25 billion worth of donations in cash and kind poured in almost immediately from many foreign individuals, organizations and countries, alongside huge amounts from fellow Filipinos. All donations, according to President Aquino, are well accounted for.
Driven by Bedan values and patriotic fire, the San Beda College Alabang School of Law (SBCA-SOL) community quickly answered the clarion call for aid with donations totalling approximately 1000 boxes of mineral water bottles. These arrived at around 12:00 am of November 12, 2013 at South Harbour, Manila on a truck escorted by the military, the Student Law Government and student volunteers, and left port onboard T/S Kapitan Felix Oca at around 8:00 am. The vessel, a training ship chartered by a foreign principal, was originally on a voyage for shipboard training for cadets, but in response to the alarming damage caused by Yolanda, its principal switched to relief operations.
According to an article written in the website of the Department of Budget and Management (www.dbm.
The government is also creating programs to facilitate the recovery and rehabilitation of the victims, such as the CashFor-Work Program of the Department of Social Welfare and Development (DSWD). Articles in the DSWD website (www. dswd.gov.ph) explains that under the Cash-For-Work program, individuals who are eighteen (18) years of age or above and are able and willing to be assigned where help is needed, are given instructions to engage in efforts to revitalize the areas affected by the typhoon. Some of the work given to them may involve cleaning the debris in the streets, coastal cleanup, canal dredging, communal gardening, as well as helping in the continuous packing and distribution of relief goods. In a piece written in the Manila Bulletin, the Bureau of Fisheries and Aquatic Resources, through the Ahoni Rehabilitation Initiative, has been distributing fishing boats to the fisher-folk who were also victimized by the said typhoon. There is still much to be done, but with the continuing aid from various sources and different sectors, the survivors of Yolanda will get back on their feet.
It was a rough two-week trip for the vessel from Manila to Tacloban, Coron and Cebu due to low sea levels, violence, chaos, and ruin that awaited the vessel and her precious cargo at Tacloban alone. However, despite all this, the crew completed the voyage. Half of the cargo went to Tacloban, and the rest were given out to other areas; the SOL goods were successfully distributed to the municipality of Dulag, near Tacloban. The donations, though a small portion of the overwhelming help given to the victims of Yolanda, stood as resounding proof of true Bedans in the service of their people.
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gov.ph) and in Rappler.com, the Department of Budget and Management (DBM), as of last February, has already released more than P20 billion for the recuperation and rehabilitation of the survivors. P2.2 billion was given to the National Housing Administration for the construction of permanent housing units for former residents of “no-build zones.” Another P3.93 billion was given to the National Electrification Administration for the use of power distribution facilities, while P1.5 billion and P101.2 million were allocated for the refurbishment of National Transmission Corporation facilities and the rehabilitation of power generation facilities by the National Power Corporation. The Local Water Utilities Administration has received P5.72 billion for the repairs of government facilities and P77.01 million for repairing and restoring local water systems. The National Food Administration has been assigned P2.87 billion for agriculture and fishery services, P1.88 billion for food distribution and supplementary feeding, P1.07 for Quick Response Funds, and P111.2 million for the distribution of relief goods. DBM has spent the remainder of the released funds on restoring education, health, livelihood and employment in disaster-stricken areas.
THE RED CHRONICLES VOL. 7 NO. 2
MARCH 2014
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Question: Is There a Right to Die? By Ambassador Amado S. Tolentino, Jr.
OPINION Time to Revisit the VAWC Law
Possibly the first in the history of the Congress of the Philippines, Senator Miriam Defensor-Santiago filed the voluntary eutha-
nasia or mercy killing and “living will” – related proposal known as Senate Bill No. 1887 or the Natural Death Act. The bill seeks to recognize the fundamental right of adult persons to decide their own health care, including the decision to have life-sustaining treatment withheld or withdrawn in instances of a terminal condition or permanent unconscious condition. For many years, mercy killing or euthanasia was a favorite topic for debates in Philippine law schools. Now that a bill is with the Senate, among many questions Filipinos wish to be answered are: What is euthanasia or mercy killing? What is the difference between voluntary and involuntary mercy killing? What is a “living will”? May human life be shortened legally? Should one kill another in mercy, or is life, however hard too dear to lose? What is the rule in our jurisdiction on mercy killing and assisted suicide? Is mercy motive an element of a crime or defense to its existence? Out of compassion for the actor, must we mitigate the harshness of formal law under which euthanasia is treated as deliberate killing? If an individual has the right to live, does he also have the right to die? If there is a right to privacy, does it include the right to die? Does the right to decide one’s health care include the right to decide to end one’s life? Is there a right to kill? Is there a point at which an incurable illness becomes living death? If so, is it permissible for someone’s life to be deliberately cut-off ? What are the religious, non-religious, and medical views about euthanasia? When does human life end? What is “brain death”? When is a person legally and medically dead? What is an acceptable legal and medical definition of “terminal condition or permanent unconscious condition”? Who has the right to make the decision to end life – the patient, the parents, the doctor or the courts? Who should “pull the plug”? A black-hooded executioner? The complex life-and-death problems raised by the scientific advances in the field of medicine have no simple answers. Intimately involved in the issues besides physicians and lawyers are theologians, the courts, lawmakers, psychologists, sociologists, among others. Expert advice is needed from many fields.
‘Share the Road Movement’ filed petition before SC
By Patricia Janelli Davide (Ateneo Law School) and Mary Grace Desuasido (San Beda Alabang School of Law)
A petition for Writ of Kalikasan and Mandamus seeking to uphold the legal principle of road-sharing and to compel the government to reform the nation’s public transportation system was filed on February 17 before the Supreme Court.
Concerned citizens of the Philippines consisting of the youth, environmentalists, runners, cyclists, law students, and lawyers marched from Luneta Park to the Supreme Court to commence the legal action, making use of a rope symbolizing the road-sharing principle that “those who have less in wheels must have more in road”. Collectively known as the Share the Road Movement of the Philippines, the group raised the issues involving the present car-dominated transportation system to pave the way for a more advantageous public transportation and multi-modal movement of people by walking, cycling and other non-motorized transportation pursuant to the law which calls for the system to favor non-motorized locomotion and collective transportation system, such as walking, bicycle riding and the man-powered mini-train. A Writ of Kalikasan is a special remedy against an unlawful act or omission causing environmental damage of such magnitude as to prejudice the life, health or property of inhabitants. Such magnitude of environmental damage is an essential condition in a petition for the issuance of said writ. Dr. Justin Rose, an international environmental law expert from the Law School of the University of the South Pacific who is currently visiting Manila to film and document the Share the Road Movement, remarked: “On Saturday I was travelling into Metro Manila on the southern skyway and the air pollution over the city was the worst I’ve seen anywhere in the world. It’s obviously very unhealthy - disgusting really. But it’s great to see so many people here taking action to fix the problem. I’m sure their children will thank them.” Share the Road Movement spokesperson May Sangalang asserted they are very optimistic that the court shall issue the writ and thereafter hear the case. In its Notice to Sue last year, the group cited that while only 2 out of 100 people in the Philippines own cars, they are given almost all of the road space. The remaining 98% of Filipinos who do not own cars are not even given a proper sidewalk, bicycle lanes, or a good public transportation system. Prof. Nick Robinson, famous international environmental law professor and co-founder of the IUCN Academy of Environmental Law said, “Congratulations to the Filipinos, especially to the carless people of the Philippines. This move will be the game-changer in the campaign against air pollution and rapid climate change. Instead of trying to solve the symptoms of the problem, the Filipinos have found a way to turn the basic thinking of transportation upside down and inside out: favor people instead of cars. It will create many ripples around the world.” NOTE: last quote taken from http://environews.ph/ecocities/group-demands-environmentally-and-people-friendly-road-sharing/
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There is a growing ugly trend in the practice of family law that
tends to abuse the remedy of a court-issued protection order, resulting in injustice. Although the Law on Anti Violence Against Women and their Children (RA 9262), commonly called the VAWC law, was crafted to provide abused women and children a remedy to shield and protect them against further abuse either physically, psychologically or economically, more and more women, obviously upon advice by their lawyers, have been using this remedy as an instrument of abuse against their husbands or male partners. Very often, a protection order is used as a tool to punish a man by depriving him of access to his children. All too often, women seeking a protection order are motivated by vindictiveness, sometimes even greed. Not too many cases falling under the law on violence against women and their children really involve a woman who is seeking protection because her life and limb are genuinely under threat by a husband, an ex husband, a present or former male partner or dating partner. More often, the VAWC cases clogging family courts involve a wife seeking a protection order against her husband when the real bottom issue between them is a mere marital dispute or personality clash. For example, a protection order is often sought to punish a husband who committed an act of infidelity, or to pressure him to give a higher amount of support, or to deprive him completely from enjoyment of community properties or assets. At the outset, when a petition under the VAWC law (RA 9262) is filed what a court issues--if it finds reasonable grounds--is a temporary protection order or a TPO. Its validity from issuance is 30 days but it is thereafter automatically issued every 30 days until there is a change in the circumstances of the woman or child in whose favor it was issued or until it is converted into a permanent protection order. What does a protection order consist of and how is it abused? A temporary protection order prohibits the husband or former partner of a woman to stay away from her and often, their children too, within a distance specified by the court. It also prevents him from calling, texting or trying to communicate with her and their children, annoying or harassing her in any way. It is abused in the sense that women who have been scorned by their husbands or partners by engaging in another relationship, or who have had a fight with them, often get back by obtaining a temporary protection order preventing their husbands or male partners not only from seeing them and contacting them but from having any access to their common children as well. In such cases children suddenly find themselves without a father, not understanding why. A typical TPO which includes the common children prevents a father from going near them, calling or communicating in any way with them. In one case for instance, the wife left the family home after a quarrel with her husband, taking their two children with her. She
then went to her parents’ home. When the husband was consistently refused entry into his in-laws’ house and when his parents’ attempts to mediate between them failed, he filed a complaint seeking shared custody over their children because he was very attached to them. After hearings, the court eventually ordered the wife to let the children spend weekends with their father. The judge saw for herself how the two children embraced and clung to their father when they saw him in court. Unfortunately, the wife, to thwart the court order quickly obtained a temporary protection order from another court. Thus, when the man went to the place of residence of the woman to pick up his children based on the first court’s order, he was not allowed entry into the subdivision and the guards presented him with the protection order. Years have passed and to date, the father has not been able to see or talk to his children. The slow movement of cases in court and the ability of lawyers to abuse certain remedies even when they are not appropriate or fair have deprived many a father of their children’s company and love. In another case, a Filipina who was living abroad with her foreign husband left him with her three kids in tow when she learned that her husband was having an affair with another woman. Back in the Philippines, she obtained a temporary protection order for herself and her children. She also filed a criminal case against her husband for alleged psychological abuse. When the husband came to the Philippines, he found that he was not allowed to see or talk to her or their children. He was also served a subpoena involving a criminal complaint under VAWC filed against him by his wife forcing him to immediately leave for fear of not being able to depart and go back to his home country where his job was. In a yet another disturbing case, the wife obtained a protection order for herself and her children against her husband while he was away on a business trip abroad. When he came back, he had no home to go to as he was refused entry into their village. He stayed with a friend the evening he arrived. On the following day, he sought the help of some common friends to act as intermediaries between him and his wife to mend their marriage. She refused. She told their common friends that he had taken her for granted, neglected her and that this was a form of psychological abuse. She then took over the operation of the businesses established and formerly ran by her husband without any preparation or training for it. The protection order she obtained prevented him from going near their business offices because she claimed in her petition that she went there everyday. What was most unjust for him was that it was he who invested in their businesses using inherited money; it was he who exclusively raised the money to purchase their posh home and all its contents by borrowing from his mother. Now, he had no home, no work, no source of income and no access to the children he loved. For all its good intentions, the law on anti violence against women and their children has been used as an instrument of injustice—a consequence not contemplated by it. The saddest of all is that children who are caught between their parents’ skirmishes have often become the biggest losers. They lose a father who is a necessary anchor for their balanced upbringing.
MARCH 2014
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EDITORIAL
OPINION Social Construct of the Rights of an Inmate “Hindi ito impyerno pero nandito lahat ng mga demonyo.” – Michael De Mesa, Selda
T
he words uttered by the warden paint a chilling account on the plight of inmates in our country. Selda, a 2007 film directed by Ellen Ramos and Paolo Villaluna, focuses on the trials and complications inside and outside of prison. In a world where masculinity* is arbitrary, and roles are reversed, confused, and complicated, inmates find themselves thrust into a sub society where they are neither lord nor slave and where human rights are a figment of their imagination. In light of recent events, detention facilities around the country have come under fire with allegations of inhumane treatment of inmates, something both taboo and a custom in our country. The Philippine National Police has ordered a national audit of all lock-up cells and prisons in order to evaluate the veracity of torture claims that have come into light. However, this is not even the first time these allegations have become public. In
1999, the Commission on Human Rights released an advisory on the conditions of jails, prisons, and detentions centers in the country. It stated the deplorable conditions and described it as being “unfit for human habitation.” Almost fifteen years later, the same conditions are still subject to scrutiny. While the claims seem more centered on the injustices brought upon the inmates by the people authorized to look after them, there are also claims of rape, injuries, and even death among the inmates themselves. We lock up these prisoners to keep public peace outside of prison, but what keeps the peace in a place like theirs? In order to understand the situation, it is important to define the concept of an inmate, as outsiders perceive them – feared, among others. Often times, because they are feared, power comes into play. This is the reason why people are appalled to hear that inmates could fall victim to torture themselves, much more of rape, rendering them powerless. The weak vis-à-vis one who holds power is relative. In this case,
before. Who knows if it gets colder in summer? We could be talking in cryptic metaphors here but the Supreme Court was firm when all its magistrates sweepingly ruled that the Priority Development Assistance Fund is unconstitutional, and then upheld the constitutionality of the provisions on online libel in the Cybercrime Law with only one dissent. The pork barrel has been criticized for decades that its intentions might have been lost along the way. The term “pork barrel” came about in early 1900s. The slaves in America were rewarded with preserved pork stored in barrels for their good work. To know its origin of racial divide and inequality in the worst form points to the very reason why it attracts socio-political strife. Although not our very own, it has reached far into the flesh of our culture.
to think of alternative names for “pork”. For the time being, frozen vegetables are considered. On the other hand, Cybercrime law begs to be scrutinized in the very platform it seeks to regulate: the social media. Blogger Professional Heckler refers to the provision on online libel as a “50 Shades of Grey area”. Senator Miriam Santiago tweets, “On internet: libel is not the solution. If someone calls you names, then you call him back with names, too! It’s the marketplace of ideas.” Is it just plain coincidence that the lone dissent in the criminalization of online libel comes from the only justice who actively uses social media sites—apparently, the youngest member of the Supreme Court?
Since the PDAF has been cracked out in the open, the fingers that have at poked it have been pointing at personages and implicating names of seasoned lawmakers to the multibillion-peso scam. This is not hard to believe at all. Even the practical defenders of pork barrel admit that raw politics is essentially working on pork and, if not, for pork. Who could ever forget actress-politician Lani Mercado saying in Filipino that pork barrel may be taken away as long as the people do not ask for money?
Libel in Cybercrime law is the same unlawful and prohibited acts of libel defined in our Revised Penal Code. The concept is already problematic as it is, considering that it is a matter of proving a state of mind. It becomes even more so because it is now applied in a venue our 1930 penal law could not have foreseen. In that respect, the culture of swift exchange of ideas is delimited and the opportunity of real expression can be squandered. The gift of the medium is already depreciating on our part. We have to decriminalize online libel if our nation wants to move forward.
The people themselves are the ones who might have spoiled the meat. The PDAF system is abolished in its entirety; and the funds, as they say, will now be coursed through the executive departments. We are inclined
When the very breath of free speech and expression is abridged, there’s a kind of chilling that affects all our human rights.
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In the same vein, we often hear that child killers and rapists are frowned upon inside prison and that other inmates do not take lightly the acts of these people. Thus, the classification of the inmates based on the crimes they commit play a part in their stratification inside prison. Even among themselves, rights are accorded, as they perceive you are entitled to them. Similarly, that does not warrant a waiver of their human rights either. Human rights are as much a social construct as it is legal. While the law entitles everyone to these rights by way of mandate, society follows a different measure. Until we understand the concept, wheels of torture and other torture devices will be rampant in detention facilities. * The subject of this discourse will be male inmates for purposes of discussion.
It’s About Time
The Chilling Effect
Sure, there’s climate change. There’s ice in places where there was none
therefore, power play is magnified by reason of their stature in relation to society. That, however, does not warrant a waiver of their human rights.
In an article published by the Philip-
pine Daily Inquirer in December 2011 entitled, CBCP Wants Anti-Discrimination Bill Cleansed of Provisions on Gay Rights, Catholic Bishops Conference of the Philippines’ (CBCP) lawyer Jo Imbong said that, “the LGBT (lesbians, gays, bisexuals, transgender) should not be considered the same as the elderly, the handicapped, and the poor. These people are disadvantaged not by their own choice. But the third sex, they choose this. How can you give protection to a choice like that?” According to the American Psychological Association, researches have shown that lesbian, gay, and bisexual orientations are not disorders. Decades of medical research and clinical experience led to the conclusion that these sexual orientations represent normal forms of human experience. It is a natural, uncontrollable, and biological phenomenon. Hence, conflict arises when a person experiencing such occurrence cannot accept or deal with it. There are also studies which will prove that homosexuality can be rooted in a
human’s genetic composition. Science has proven that homosexuality is neither a disease nor a mental disadvantage, but a natural occurrence and a normal human conflict which does not require special attention. Thus, LGBT’s should not be compared to the elderly, or the handicapped, or the poor who need extraordinary distinction and ample care from the society. Moreover, homosexuality is not a choice. Since it is a natural occurrence in the human mind, it is uncontrollable even if one tries to repel the idea of it. A gay person may choose not to be gay, but he will bear the burden of not being true to himself as long as he lives. He will become lost and unhappy due to fear of not being accepted. And with that, there will be a greater possibility that instead of being functional, he might end up being miserable and useless. It is not a person’s fault if he is a homosexual. But if he becomes a worthless member of the society, as he was harassed, or he was driven out of school, or he was not allowed employment, all because of his sexual orientation, is it still his fault? MARCH 2014
The LGBT community argues the same contentions. They do not seek for special rights to be given to them. Rather, to be accorded the same rights as others; and that society will not see them as someone different, mentally disadvantaged, or people having immoral choices. All they want is equality. Perhaps, the sensitivity of the matter is the primary reason why the Anti-Discrimination Bill has been sleeping in Congress until now. Due to the many political and religious factors, our lawmakers are carefully studying on whether or not it is necessary and proper to formalize a law for the protection of the LGBT community. But if society will fully understand that being a homosexual is neither a special condition, nor a conscious choice, then they may realize that there is really no need to make any distinctions. Gays, lesbians, homosexuals, and transgenders are no different from any other human being who needs basic protection.
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The Humanist
COVER STORY
Exposing the Stark Ironies of Human Rights in the Philippines By Hayde Talorong and Angelo Murillo
“Human rights protection. Is that an oxymoron?” -Atty. Legarda, 2014
The skewed human rights situation today has birthed a culture of tragic ironies.
The country that boasts of advancement in people’s rights and welfare is exactly the same country that sheds blood and tears from its countless violations. The government that always parades promises of change constantly changes the meat of its promises. The law in all its letters and glory, sounding downright reassuring, only seems to be lying. All of a sudden, the people are under the mercy of dangerous ironies. The very concept of human rights has been reduced to a mockery. In recognition of the people’s significant part in forwarding basic rights despite these ironies, The Red Chronicles is privileged to have an exclusive interview with Atty. Katrina Legarda regarding her critical stance on the several facets of human rights. The Humanist To thresh an encompassing concept on human rights with respect to women and children, the name of Atty. Maria Carolina “Katrina” Legarda, inevitably crept up. Atty. Legarda rose into public consciousness for successfully prosecuting then Representative Romeo Jalosjos for the rape of an 11 year old. But she secured her place in the ranks of legal heavyweights in the landmark case of People v. Genosa, where she raised the novel theory of Battered Woman Syndrome as a defense. When one is pushed to the wall, any other option, other than death, is worth taking a gamble for. In the Genosa case, the theory on Battered Woman Syndrome changed the elements of self-defense for the woman. A veteran to the spectacle of courtroom drama would know that jurisprudence requires creativity—it does not confine itself to what the law mandates. It concerns itself with how the law can be applied in varying cases. There is always a stirring tale behind championing the causes of the weak. Women and children, in particular, have always been considered as the underbellies of a struggling society. This makes up for the perfect cause, and yet only a few have chosen to tread the path with the same passion and tenacity that Atty. Legarda has shown. Her name and her calling simply demand it. Atty. Legarda’s insights could not have come at a better time. Every legal crusader armed with decades of passion and experience to serve redeems a country plagued with human rights violations. It is precisely in this regard that Atty. Legarda shares her views and opinions concerning human rights in the Philippines. With the public’s blind adherence into the traditional concept of human rights, her words were a welcome respite from overused standpoints. A different perspective allows for deeper understanding, and Atty. Legarda lent substance to what is otherwise a very ambiguous concept. 18
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The Premise Atty. Legarda believes that the concept of human rights is all about having equal rights. More than anything else, this concept maintains the urgency to be applied equally – regardless of any circumstance dictated by societal factors. It is also in light of this premise that the nation begins to realize how ironic the state of human rights protection is in the Philippines. The notion that human rights equate to instances of violence alone is a narrow concept. In fact, it should be inclusive as to contemplate any violation against the fundamental rights of a person. When one speaks of human rights, the concepts and violations incidental thereto are encompassing. More than the pressing issues of domestic violence and human trafficking of women and children, such concept essentially includes largescale corruption and fraud in the government. The ongoing controversy involving businesswoman Janet Lim-Napoles, who allegedly benefited from misappropriations of Priority Development Assistance Fund (PDAF) of several senators and congressmen, inevitably touches on human rights. Notwithstanding the absence of a final judgment on the issue due to its pendency, it is almost predictable that the issue stems from a striking reflection of a violation of people’s rights, as the government is unable to serve the general welfare of its constituents. Reports on the alleged strategic use of the said public funds reveal the aim of the ruling few to perpetuate their hold on position and power. In a country where the concept of human rights is also equated to money and power, the ones in the losing end are the people themselves. Atty. Legarda strongly points out that up to this very day, those who vote remain to be oppressed and uneducated. The false notion of democracy and its supposed fruits further trample upon the basic rights of Filipinos. “The rich are getting richer; the poor are getting poorer,” she said. The Woman and Her Child Having been engaged in the practice of law protecting women and children, Atty. Legarda also specifies several aspects where a woman and a child are prejudiced in today’s society. It is admitted that gender-based disadvantages are human rights issues. First, she cited that in the field of labor, a woman is automatically situated one step backward. A woman, due to the fact that she is a woman, inevitably suffers implications about her inabilities and unreliability when it comes to work. Men are still hired over women because the latter are believed to be an expensive commodity. There are statutory benefits granted to women (and their husbands) who get pregnant while employed; and there are unwritten rules that subject women to leave from work and handle the concerns of the home. “As a woman, you have to work twice as much to get as far. That’s a violation of human rights,” Atty. Legarda explained. According to Atty. Legarda, in any community, the whole barangay knows exactly the woman who is being battered, and the child who is being abused. Recognition of the offended party is already half the battle for those seeking reparation. But of these cases, only 1% gets reported. This reveals a universal trait once thought to be uniquely Filipino. Very few cases find their way to the courts, because cases of abuse are often 20
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treated with embarrassment. “It turns out, most people are nahihiya. It’s not just the Filipinos,” observed the family lawyer, with four decades of legal work for women and children. In the same breadth, it is then also admitted that age - and the susceptibility that comes with it - fall under human rights issues as well. The erring times abuse the innocence and naivety of children. Atty. Legarda herself is a witness to how children are used and exploited in order to perpetrate large-scale crimes. The immunity of the juvenile is being used as a shield of numerous syndicates against criminal liability. As if adding insult to injury, the children are left with the choice of being trapped in such set-up for life, or ending up lifeless on streets. In the same vein, Atty. Legarda also points out the apparent inconsistency between the maximum age covered by statutory rape on one hand, and the age of minority and discernment on the other. Such irony only serves to bastardize and essentially cripple the laws that are, first and foremost, intended to protect the vulnerable. Women and children’s rights per se, have been characterized as imbalanced and frail in the face of changing times. For instance, it is difficult to prove the claim of rape, and at another, it is believed to be used as a tool for extortion. Where there is wanton inequality, it is the duty of a lawyer to protect the child or the woman who was allegedly raped, or the child who allegedly raped. It is a duty that cannot be separated from a lawyer, regardless of the side he or she represents. The Man and RA 9262 As aforementioned, Atty. Legarda is one of the minds behind the celebrated case of People v. Genosa where the Battered Woman Syndrome was first applied by the Supreme Court. Undeniably, this case is one of the main driving forces behind the railroading of Republic Act 9262: Anti-Violence against Women and their Children Act. Ironically, it is the claim of Atty. Legarda that the said law is unconstitutional. To flesh out this claim, it is imperative to revisit the railroading of RA 9262. As a response to the growing cases of domestic violence, then Senator Luisa Ejercito sponsored a bill during the 12th Congress. Originally titled as the Domestic Violence Law, the said act was gender neutral. It included all those who lived in the same household, which would have included grandparents and the kasambahays. However, a series of amendments took place, which changed the bill into what eventually became Republic Act 9262 or the Anti-Violence against Women and their Children Act. The shift from a gender neutral to a genderspecific provision is believed and proved today to have its own limitations. Ultimately, RA 9262 – a law paying tribute to the landmark case of People v. Genosa – actually embodies an unintended consequence. Atty. Legarda argues that RA 9262 is, to an extent, unconstitutional since it excludes battered men from also seeking recourse. Largely kept in obscurity, there exist battered men. In the name of human rights, both the female and the male should be accorded the same rights and the same access to the courts. Only the uninformed would insist that human rights should mean that women be given more rights than men because there are more battered women. When substantive
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rights are involved, no greater right is vested by quantity. It is her opinion that the law also perpetuates the emasculation of battered men in the absence of legitimate avenues to address their peculiar nature. Human rights should be genderless because all victims suffer the same, and that gender becomes a mere sexual difference. Challenging accepted notions may be overcome by continued unorthodox thinking. It is high time that society evolves from its caveman perception -- that there are men who do not have the upper hand -- and are the ones who are dragged into the cave, an allusion of the darkness that violence brings. … This era is burdened with danger and distress. The glaring irony when it comes to the observance of human rights in the country blinds the nation of its vision to truly progress. Equality has by far remained an illusion. Unquestionably, the overall state of men, women, and children still beg to be respected. The greatest challenge is to concretize the ideal; to genuinely uphold and champion the most basic of human rights deserved by all. For while the era is burdened with danger and distress, it has never become an option to limit whatever there is that is left of, or forsake the dignity of a human being. The idea is to shatter what needs to be shattered in order to sustain the very being that embodies the basic fabric of society. The idea is to fight not just for a certain sector, but also for all of humanity. In the words of Atty. Legarda:
“
I’m not a feminist. I’m a humanist.
”
MARCH 2014
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: 2 6 2 9 A R Challenging The Unconscious By Stephanie Quilates Dandal
Hannah Arendt, a German-American political theorist, says that, “violence is nothing more than the most flagrant
manifestation of power.” Deeply embedded in our culture, the many dimensions of violence specifically against women and children, is something that we hope to dismantle. While gender-based violence is an old concept, only over a decade ago has it been recognized as a human rights issue. Although it gained traction on the international level, gender-based violence is tolerated because victims fear of being shamed for violating the rules of conservative society. As a construct of power, patience, and creativity are required to dismantle violence of any form in the Philippines. CEDAW and the Birth of RA 9262 In response to the growing concerns on violence against women and children, the Congress passed Republic Act 9262: An Act Defining Violence against Women and their Children on March 8, 2004. While it is an advent of progress in regard to the status of women, it has met a number of reprisals from some individuals challenging the constitutionality of the law. In the landmark case of Garcia vs. Drilon, the Supreme Court held that RA 9262 is not violative of the equal protection clause and the due process clause of the Constitution. Atty. Myra Angeli Gallardo-Batungbakal, a lecturer at San Beda College Alabang School of Law and arbitrator at the Singapore International Arbitration Centre (SIAC), lends us her knowledge and understanding of RA 9262 and the peculiarities to our jurisdiction. According to her, RA 9262 is constitutional because the 1987 Philippine Constitution provides that the rights of women should be respected and that we should advance the interests of women in the Philippines. Thus, it is incumbent upon us to come up with laws in congruence to the Convention to Eliminate all forms of Discrimination Against Women (CEDAW). Although widely accepted, CEDAW has yet to permeate cultures that are resistant to the concept of equality extending to the private domain. Similarly, the challenge that beholds RA 9262 in the Philippines is to break the silence generated by intimacy between individuals. A glance at the situation of women and children in the Philippines reveals a paradox—while the Philippines is an active participant in the fight against gender-based discrimination, cases of violence against women remain underreported. The Intimacy of Violence In most countries, gender-based violence is perpetuated inside the home. Brutality at the hands of relatives, friends, and significant others do not command headlines because it happens within the realm of privacy. Furthermore, “women do not speak about the violence experienced due to several factors such as shame and self-blame for the violence, fear of the abuser’s retaliation, limited resources to pursue justice, inaccessible or unavailable facilities where one can report the violence, among others. In cases of intimate partner violence, many women also experience being “filtered out” of the legal justice system when they are pressured by village mediators to reconcile with their abusive partners.” A juxtapose of the treatment of violence within the home and society reveals that oppression in the home shapes the treatment of violence in a much larger scale. 22
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Peculiar to our jurisdiction, the Implementing Rules and Regulations of RA 9262 prohibit mediation of cases involving violence against women and children. Atty. Batungbakal explains that VAWC cases are not mediatable. This is to prevent the exposure of women and children to the perpetrators of violence. Although violence can be mediated in other cultures, such as California and other states in the USA, the non-referral of a VAWC case to a mediator is justified in our country. In the same case of Garcia vs. Drilon, the petitioner’s argument that by not allowing mediation, the law violated the policy of the State to protect and strengthen the family as a basic autonomous social institution cannot be sustained. In a memorandum of the Court, it ruled that the lower courts shall not refer the case or any issue thereof to a mediator. The reason is because violence is not subject to compromise. In addition to limiting the exposure of victims to their abusers, Atty. Batungbakal surmises that the paramount concern of RA 9262 is the preservation of the dignity of women and children. RA 9262 and the Search for Kamatuoran Percolating through mainstream Philippine culture, RA 9262 protects women and children regardless of ethnic backgrounds. Atty. Batungbakal explains that violence in all its forms is not specific to urban areas. Twice removed from the mainstream, indigenous women seek to address the issue of violence against women and children in the context of their customary laws. The problem in post-colonial states like the Philippines is that customary laws are often discordant with state laws, usually with the state having the power and the indigenous people being marginalized. Indigenous people have distinct cultures and community laws. In the face of violence, indigenous women have to be educated on their rights. Although there are cultural differences, there is a common thread - women have rights. They must not be abused in any form, and must not be discriminated against solely because of gender. It is when one does not know or demand one’s right that victimization starts. Violence Beyond the Realm of Gender In the abovementioned case of Garcia vs. Drilon, Justice Marvic Leonen recognized the existence of battered men and that “violence in the context of intimate relationships should not be seen and encrusted as a gender issue; rather, it is a power issue.” There is growing concern that RA 9262 has become a tool for harassment and exploitation of men. Some groups question the exclusivity afforded to a particular class in society, as it was designed to protect women from physical, sexual, psychological and economic abuses. Women are equally capable of being abusive, and men are also targets of different abuses. Battered men, and abused members of the LGBT sector, have expressed concerns that the law does not cover protection of all persons from the same abuses suffered by women and children. Traditionally, power-based violence is confined to violence against women. But as we try to understand the scope of violence against people in general, the term “violence against women” diminishes the experiences of the battered men. While gender-based crimes are commonly committed by men against women, the underlying theme in these offences is the desire to assert power and control over another person. While there are no existing laws protecting other abused sectors such as the battered men, Atty. Batungbakal comments that other abused groups are at liberty to come up with proposals to advance their interests. A notable lesson to be learned from RA 9262 is the limiting effect of violence to an individual. When a person, whether male or female, is always subject to the threat of violence, it restrains their potential. The penal nature of RA 9262 is commendable, yet temporary. Dismantling violence means more than punishing individual acts. It changes the deeply ingrained impression and unconscious objectification of the “feminine” in our culture. * Women’s Legal Bureau, “Engendering the Barangay Justice System” (2004) * Kamatouran literally translates to truth in some dialects in the Visayas. * A. Detschelt, Recognizing Domestic Violence Directed Towards Men: Overcoming Societal Perceptions, Conducting Accurate Studies, and Enacting Responsible Legislation, 12 KAN. J.L. & PUB. POL’Y 249 (2003). MARCH 2014
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Beyond Class Cards: A Conversation with Dean Sarmiento III and Atty. Rivera By Stephanie Quilates Dandal
Our professors exude an air of mystery inside the classroom. As they enter,
we rise as we should in the courtroom. We nervously look at them shuffle through our class cards while waiting for our turn to recite. After the seemingly long line of questions, we exhale all of our fears and earnestly listen to the next set of people being set into fire. At some point, we look at our professors and wonder if they think of us as much as we think of them. Dean Ulpiano Sarmiento III and Prefect of Student Affairs Atty. Bruce V. Rivera were kind enough to spare The Red Chronicles time to share some of their thoughts about the school, and their experiences to the students. The Bedan Lawyer Dean Ulan breaks down the hallmark of a Bedan lawyer. According to him, a Bedan lawyer is Christ-like and humble with a philanthropic character. The criteria is geared towards living out the values of Christ such as serving in the barrios, defending the indigenous, working for the poor, representing pro bono cases, or putting up charity foundations. Fatherly to all of the students, Dean Ulan reminds us that our profession is not a means to exploit people. We are here to become beacons of hope for those with no voices; and to become the foundation of the future that will shape our people. San Beda Mendiola vis-à-vis San Beda Alabang Occasionally peeking through test booklets, Dean Ulan remarked that San Beda Mendiola and San Beda Alabang have always been helping each other. He recounts the times when Mendiola lends a helping hand to our institution, particularly during the Bar Review. Although our institutions are from opposite zones of the metro, there is no difference, at least as far as the administrators and faculty are concerned. The gregarious Atty. Rivera commends the more sociable nature of the Alabang students. He shares that being sociable is valuable in the legal profession because it attracts more clients. “Knowledge of the law is only one side of the coin for a successful career. Our conduct as persons is of equal importance if we epitomize ourselves as servant leaders.” Wisdom from our Family When asked what wisdom Dean Ulan would like to impart to his students, he reached out for his phone to look for the message he sent his daughter. His text read, “Desire changes nothing. A decision changes something, but determination changes everything. Desire the decision to be determined.” Dean Ulan further shared his story of hardships and success. He did so because he wants us to understand that our story does not end when one door closes. Perhaps, this is the reason why San Beda Alabang School of Law offers students a second chance. We have to grab the opportunity presented to us if we truly desire to become a lawyer. He wants us to identify with him - an average person who managed to be successful because of sheer determination. He observed that students of SBCA-SOL are resilient. He advised that we should not be embarrassed for the number of years invested in law school because it is the person that we become after we pass the bar that matters most. 24
Aside from hope and determination, Atty. Rivera wants us to remember the value of faith. “I cannot really say that I come from a very adverse background, but my life was never easy,” he shares. Being a probinsyano and the first in his family to venture into law, it was a challenge to study in a place that was new to him. “For starters, many people told me that San Beda was not the place for me because people will get kicked out arbitrarily. It was the reputation before,” quipped by him. However daunting the reputation of San Beda was, he faced this challenge with faith as his armor, and prayer as his weapon. On his experience as a student, he reminisces that even if a student masters and memorizes the book, if something goes wrong, it will go wrong. “We are not strangers to the experience of frustration. For instance, the professor assigns fifteen cases. We read fourteen cases, and then we get called on that one case we failed to read. In that example, it was not simply about knowing everything in the assignment. Faith and prayers go a long way,” Atty. Rivera emphasized. Hard work is a bitter pill to swallow, but we have to take careful notes from the experience of our illustrious prefect. Unfortunately, some of us detest hard work and erroneously paint a rosy picture of law school life. In reality, we have to struggle, grind hours of daily study, review cases, and attend classes faithfully. The aphorism that “the law is a jealous mistress, and it requires a long and constant courtship” means that the study of law is difficult. It will require determination, hope and faith to attain the coveted A-T-TY before one’s name. Message to the Students As our second father, Dean Ulan reminds us that determination is key. In addition, he said that keeping a healthy body is essential to our success. “I was a commercial model when I was a law student and I was already earning. I was really living happily. I had technology, and when we talk of technology before, it pertained to a car because I was earning both in print and TV. My father forced me to change my schedule when I was in my second year. I wake up at three in the morning to study. I have my lunch then I go back to sleep. At two in the afternoon I go to the gym. You have to be mentally, physically and spiritually prepared in law school. Determination talaga.” On a more serious note, Atty. Rivera simply said that he wants us to study and to follow our dreams. “I hope the students understand that they are not just doing law school for law school, but they are doing it because they want to become lawyers.” The Future of SBCA-SOL Five years from now, Dean Ulan envisions the SBCA-SOL as one of the most respected educational institutions in the field of law. It is a continuing challenge to improve the quality of education that the school offers. Dean Ulan surmises that although we are at a stage of infancy, our institution is the subject of envy due to its recent achievements in producing a Bar topnotcher, and having a comparably high passing rate compared to older law schools.
25
Recognizing The Human Rights of Prisoners
After months of rallies, prayer vigils and mass outcry from the
By Ramayana Saidamen
public, the Supreme Court (SC) favored the abolition of the Presidential Development Assistance Fund (PDAF) last November 19, 2013. A vote of 14-0-1 was gathered by the SC en banc, deciding against the constitutionality of the provisions of the PDAF.
Photo courtesy of www.bongmendoza.wordpress.com
The pronouncement, as stated in the case of Belgica v. Honorable secretary Ochoa et. al., was penned by Associate Justice Estela Perlas-Bernabe. The SC struck down the entirety of Article XLIV, containing the provisions and budget allocations of the PDAF within the General Appropriations Act (GAA) of 2013. The SC pointed out that first, the PDAF violated the doctrine of separation of powers as the said law allowed members of Congress to have post-enactment authority to select the projects that are to be funded. The doctrine of separation of powers dictates that any provision of law empowering the Congress to have the option to select the projects to be funded must be held unconstitutional. Second, the PDAF violated the non-delegation of the powers of Congress through its individual members, when it can be done only in a single act of Congress through proper legislation. Third, only a collective allocation limit is provided in the PDAF. The sub-divisions of said collective allocation limit not indicated in the PDAF should be provided by the individual member of Congress. In effect, the President through his veto power cannot check it. The same decision also declared as unconstitutional the Community Development Fund (CDF); the provision on the Malampaya Fund, particularly section 8 of Presidential Decree No. 910, which contains the phrase “and for such other purposes as may be hereafter directed by the President”; and the PAGCOR infrastructure fund under section 7 and 12 of PD 1869, as amended by PD 1993: “to fund the priority infrastructure development projects.” All these provisions violate the constitutional prohibition on non-delegation of legislative power.
“T
he treatment of crime and criminals marks and measures the stored up strength of a nation.” Winston Churchill’s quote reminds everyone that the manner of handling crimes and the way of dealing with criminals reflect the stability of a country’s sovereignty. Thus, the 1987 Philippine Constitution embodies as one of its state policies – “to value the dignity of every human life and to guarantee full respect for human rights.” This policy extends even to prison inmates and detainees, regardless of their crimes and no matter how some may abhor their past actions.
“Pork-Free” Congress By Lawrence Emmanuel C. Solis
26
In 2004, the SC upheld the constitutionality of the PDAF, as questioned by the Lawyers against Monopoly and Poverty (LAMP), because of failure to offer evidence that the PDAF was actually misused. The presumption of validity of statutory acts of Congress must be preserved because there was lack of clear, unequivocal, and unquestionable breach of the Constitution. Through this decision, The Supreme Court calls out to the people, thus stating, “disconcerting as it is to think that a system so constitutionally unsound has monumentally endured, the Court urges the people and its co-stewards in government to look forward with the optimism of change and the awareness of the past.”
THE RED CHRONICLES VOL. 7 NO. 2
Photo courtesy of www.rappler.com
It is worth noting that the PDAF had been questioned in the Supreme Court twice before, and was held constitutional until this most recent decision. In 1994, the Philippine Constitution Association (PhilConsA) filed a query against then Secretary of Budget and Management Salvador Enriquez, for the constitutionality of the power given to individual members of Congress to realign budget savings as stated in the GAA of 1994. The SC ruled that this power is unconstitutional as it allowed the individual members to exercise their discretion in allocating budget savings to other unlegislated projects. However, the SC also ruled in the same case that the authority given to members of Congress is only to propose and identify projects to be implemented by the President. This means that if the proposed projects qualify for funding, it is the President who shall implement them. Thus, it is constitutional.
Translating this policy into action for the prisoner’s benefit while keeping up with the United Nations Declaration on Human Rights, proved to be a challenge due to several factors such as, but not limited to – outdated laws, poor penology conditions, weak enforcement mechanisms, and cumbersome judicial processes. For instance, the Bureau of Jail Management and Penology (BJMP) reports jail congestion at an average of four inmates per one square meter; when ideally, it should be at least three square meters per one inmate. As a possible remedy to the problem of jail congestion, legislators enacted Republic Act No. 10592, which was signed into law on the 29th of May 2013. It amended Articles 29, 94, 97, 98 and 99 of the Revised Penal Code (RPC). The salient feature of RA 10592 is the increase in the number of days allowed as deduction from prison sentence based on good conduct. Furthermore, at any time during the period of an inmate’s imprisonment, he is allowed an additional 15 days deduction for each month of study, teaching or mentoring service that he may have performed. The new law also gives a two-fifths sentence deduction for prisoners who stay in the place of confinement during a calamity or catastrophe. Lesser time in prison for meritorious performance helps minimize jail congestion and equates to government savings.
Another way of solving jail congestion is to maximize the government’s recent efforts by making it a nationwide campaign. A case in point is the project of the government to declog court dockets through the Enhanced Justice on Wheels and Increasing Access to Justice by the Poor Program which was implemented in Quezon City. Adding modern jail facilities, increasing the number of prosecutors, and considering penalties such as community service in lieu of imprisonment for certain crimes may also be helpful. The 16th Congress is currently deliberating on House Bill 2300 entitled, “An Act Instituting the Philippine Code of Crimes” which seeks to repeal Book One of the RPC. The stakeholders must be vigilant in ensuring that this proposed legislation will reflect the true needs of the people, including the prisoners. REFERENCES:
1. “R.A. 10592 AN ACT AMENDING ART. 29, 94, 97, 98, 99 OF ACT 3815 OTHERWISE KNOWN AS THE REVISED PENAL CODE.” 29 May 2013. http://www.gov.ph/2013/05/29/ republic-act-no-10592/. 2. “PNoy Approves Amendments to the Revised Penal Code.” 01 June 2013. http://www.gmanetwork.com/news/story/311024/news/nation/pnoy-approves-amendments-to-revised-penalcode. 3. Burgonio, TJ. “New Law Cuts Prison Term for Good Behavior”. The Philippine Daily Inquirer. http://newsinfo.inquirer.net/419279/new-law-cuts-prison-term-for-good-behavior. 4. Romero, Paulo. “House To Tackle Bill Repealing RPC.” The Philippine Star. 14 August 2013. 5. Atencia, Atty. Romulo P. “The Problem of Jail Congestion.” SOME RANDOM THOUGHTS. http://www.catanduanestribune.com/article/2A5A 6. “Human Rights in the Philippines”. Wikipedia. http://en.wikipedia.org/wiki/Human_rights_ in_the_Philippines 7. “Standard Minimum Rules for the Treatment of Prisoners.” http://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf 8. “Universal Declaration of Human Rights” http://www.wscpedia.org/index.php?option=com_ content&view=article&id=353:universal-declaration-of-human-rights-summary&catid=56:unconventions-short-versions
MARCH 2014
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In Re: Cybercrime Prevention Act of 2012
Anti-Bullying Law: A Philippine Context By Romeo Manuel Joshua R. Movido
April 16, 2007 was a regular school day for the students of Virginia
Tech University in Blacksburg Virginia, USA, until a 23-year old senior English major Seung Hui Cho went outside of his dormitory. He then proceeded to an adjoining room and shot two students inside. He also headed into a classroom to kill 30 others. The lone gunman shot himself thereafter. Seung was a South Korean whom former classmates said was being bullied back in high school because of his shyness and strange way of speaking. In the Philippines, incidents of bullying have not yet pushed a student to go juramentado and kill indiscriminately. But abuses linked to bullying have become unyielding, urging our legislators to formally declare that bullying is against the law. On September 6, 2013, President Benigno Aquino then signed Republic Act 10627 or the Anti-Bullying Act of 2013. A 2008 study of Britain-based Plan International showed that one out of two school children in the Philippines are being bullied, or are suffering from other forms of abuse inflicted by peers or teachers. In October of 2013, just a month after the Anti-Bullying Act was enacted, a 9-year old, Grade 4 student from Malabon was chased by his classmates and was beaten outside the school. When the victim caught a fever that night and was brought to the hospital, it was found out that his liver sustained internal bleeding. As provided in the Anti-Bullying Act, bullying “shall refer to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any com-
bination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school.”
By Maureen Betita
The Cybercrime Law was adopted in September 2012 by
the Aquino administration. However, shortly after its passage and effectivity, the law was placed under Temporary Restraining Order by the Supreme Court. Subsequently, the Supreme Court en banc upheld the partial constitutionality of Republic Act 10175 (RA 10175) or the Cybercrime Prevention Act, including the controversial online libel provision. This ruling was in response to the petitions filed after President Aquino had signed it into law.
One of the remedies enumerated in the new Anti-Bullying Act is the immediate notification to the law enforcement agencies upon any instance of bullying. The act of notification to the proper authorities is important so that it will be known if a crime under the Revised Penal Code has been committed. However, since the students commonly embroiled in bullying are in primary and secondary school (below 15 years old), then the mentioned remedy appears unavailing. This is because of the exception from criminal liability of children who are below the age of 15, as provided for in the special law. The other remedies, found in Section four of this Act are the following: “(b) take appropriate disciplinary administrative action; (c) notify the parents or guardians of the perpetrator; and (d) Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of bullying or retaliation.”
Petitioners claim that the adoption of the Cybercrime Law, which partly pertains to regulating cyberspace activities, violates certain constitutional rights. The government contends that the law “seeks to reasonably put order into cyberspace activities, punish wrongdoings, and prevent hurtful attacks on the system.” In the en banc decision, the following were declared UNCONSTITUTIONAL by the high tribunal, either wholly or contextually: (a) Unsolicited Commercial Communications or SPAM; (b) Real time collection of traffic data; (c) Restricting or blocking access to computer data; (d) on online libel penalizing those who simply receive the post or react to it; (e) On aiding or abetting in the commission of a cybercrime/attempt to commit a cybercrime only in relation to child pornography and unsolicited commercial communications and online libel; (f) Section 7 on liability under other laws, only in relation to sections on libel and child pornography.
Presently, an active stance on the matter of bullying is being taken by schools. As Republic Act 10627 mandates, “All elementary and secondary schools are directed to adopt policies to address the existence of bullying in their respective institutions.” San Beda College Alabang, for one, has been firm in its anti-bullying campaign. But the question begs, is it all just hype? After sometime, shall the law, like a multitude of other laws, be reduced to a mere venom-less snake?
Progress & Regression: The Anti- Discrimination Bill By Maureen Betita
tution—“The State values the dignity of every human person and guarantees full respect for human rights.” The Commission on Human Rights (CHR), in a position paper dated December 2013, stated that an Anti-Discriminatory Bill is “a very important bill and is in full accord with the provisions of various international treaties on the elimination of religious and/or ethnic discrimination, the 1987 Philippine Constitution, and other pertinent domestic laws.” The most common and historical form of injustice the anti-discrimination bill wishes to eradicate is the bias against ethnicity and religion. The bill also seeks to erase name–calling of ethnic origins like “Igorots with tails”, “Indios”, and “Moros.” As elucidated in the bill, “it is sad but true that even in these modern times, discrimination, racial or religious, still persists.” In addition to these, the proposed Anti-Discrimination Act (House Bill 110) has introduced a modern concept of sexual orientation and gender identity. These were brought about by recommendations of the State of Italy to the Office of the High Commissioner for Human Rights (OHCHR), overseeing International Human Rights Agreements, and advising the Philippines “to establish an organic legal framework for eliminating gender-based discrimination and the promotion of gender equality.” These concepts have given way to the introduction of Lesbian, Gay, Bisexual, Transexual (LGBT) rights, creating perplexity in the bicameral hearings on the Anti-Discrimination Bill. The delay in the passing of the Anti-Discrimination Bill stems from 28
calls by several senators to strike down provisions that refer to LGBT communities. Most lawmakers argue that its passage will bring about legislation on a more controversial issue of same-sex marriage, to which the present Aquino administration is not yet ready to undertake. Despite the impasse in the legislature, Cebu City in 2012 was the first city to declare as unlawful the refusal to provide access to any public program and service, on the basis of gender, disability, sexual orientation, age, ethnicity and religion. The local law also prohibits abuse by law enforcers on the same basis. Anyone who violates the ordinance would be sanctioned with a fine ranging from 1,000 to 5,000 pesos; or will be sent to prison for 60 days to a year. In addition, the local law also penalizes unethical and harmful psychiatric therapies that claim to cure homosexuality. The contemporaneous adoption of laws on equality should be guided by people with experience and expertise in the field; and not by extremists who would have us go back to a time when people were refused service because of the color of their skin, their gender, their sexuality, or their political beliefs. Though no country has the capacity to stop all forms of human rights violations, it is nonetheless the duty of the government to utilize its resources and provide measures to address the situation. References: http://www.sunstar.com.ph/baguio/local-news/2013/12/10/chr-backs-anti-discrimination-bill-318106 http://www.sunstar.com.ph/manila/local-news/2013/10/05/house-bill-seeks-criminalize-discrimination-306977 http://www.saligan.org/index.php/archives/60-position-paper-on-the-anti-discrimination-bills.html http://www.gaystarnews.com/article/cebu-first-city-philippines-approve-anti-discrimination-law181012
THE RED CHRONICLES VOL. 7 NO. 2
Online Libel and Penalties Much of the netizens’ criticism is on the provision of online libel. To them, the law is a curtailment of the right to freedom of expression.
Photo courtesy of www.ucanews.com, photo by Rene Sandajan
The right against discrimination has its foundation in the Consti-
Nevertheless, the court ruled that Section 4(c)(4) of RA 10175 penalizing online libel is VALID and CONSTITUTIONAL only to the author of the post, but not for those who
receive or react to the post. The Court is in agreement with the Solicitor General that, “cyber libel is not a new crime since Article 353, in relation to Article 355 of the Penal Code, already punishes it under similar means.” The penalties for online libel are the same as provided under the Revised Penal Code. But with Section (6) of RA 10175 – penalties for offenses committed by and with the use of information and communications technologies covered by the Cybercrime Law, there will be a penalty that is higher by one degree than that provided for by the Revised Penal Code. The Court also ruled that both the Penal Code and special law should not simultaneously charge an offender as provided under Section 7 of the Act. Section 12 empowers law enforcement authorities, “with due cause,” to collect or record by technical or electronic means traffic data in real-time. “Due cause” is argued to mean “just reason or motive” and “adherence to a lawful procedure.” But Section 12 does not relate the “collection of data to the probable commission of a particular crime.” It would justify a general gathering of data, or a general search warrant which the constitution prohibits. In addition, the Court ruled that Section 19 precludes judicial intervention as well as judicial guidelines. “The Government, in effect, seizes and places the computer data under its control and disposition without a warrant. The Department of Justice order cannot substitute for judicial search warrant. The content of the computer data can also constitute speech. In such a case, Section 19 operates as a restriction on the freedom of expression over cyberspace.” Therefore, Section 19 is a clear violation of the freedom of expression as well as the inviolable provision of Section 2, Article III of the 1987 Constitution on the right to be secure in one’s papers and effects against unreasonable searches and seizures of whatever nature. However, all other provisions not so declared by the Court were considered NOT UNCONSTITUTIONAL.
MARCH 2014
29
Year-End Benchmark:
The SLG Report Card
CARLOS ROMULO Internal Vice-President
YEAR-END BENCHMARK: SCHOOL OF LAW GOVERNMENT REPORT CARD (S.Y. 2013-2014)
Visibility during school activities/ student projects Approachability Efficiency/Effectiveness Transparency in the execution of their own duties Over-all Performance
President Charles Baculi
EVP Faizal Hussin
IVP Carlos Romulo
Sec Gen Bits Garcia
4.54
4.23
4.18
4.29
Treasurer ER “Pastor” Esguerra 3.56
th
4 Year Rep. Bradley Listones 4.33
rd
3 Year Rep. Yanee Romano 4.61
nd
2 Year Rep. Ivy de Guzman 4.08
st
1 Yr Rep Gelo Ang 4.2
4.53
4.06
4.13
4.17
3.8
4.67
4.65
4.04
4.24
4.24
4.02
4.08
4.06
3.6
4.2
4.47
3.82
3.75
4.09
3.86
3.91
3.97
3.49
4.17
4.47
3.96
3.75
4.35
4.04
4.07
4.12
3.61
4.34
4.55
3.98
3.99
NOTE: th rd nd st *Number of Respondents: 190 (40-4 yr, 50-3 yr, 50-2 yr, 50-1 yr) **Some of the officers (not including the batch representatives) had less than 190 respondents as the base for the average. This means that there are some students who did not give a rating for all the officers. Blank spaces could be interpreted as: 1) The respondents do not know the officer at all. 2) They do not know what to give them.
As another school year comes to a close, The Red Chronicles presents to the student body a report on the performance of the members of the School of Law Government (SLG).
The assessment was based on a survey conducted on a random sample of 190 students, with 50 respondents from the first to third years and 40 respondents from the fourth year, and personal interviews with SLG officers. Each officer was graded on a scale of one to five, with five as the highest mark and one as the lowest, using the following parameters: Visibility in school activities, Approachability, Efficiency and Effectiveness in their respective positions, Transparency in the execution of their duties, and Overall performance. The report focuses on the plans and projects each officer had proposed for the student body during the campaign period, on which of their platforms have been met, and how they have delivered as student leaders. CHARLES BACULI President During his campaign, Baculi promised a specific plan of action: Charles CARES - Convenience (by relieving the students of difficult and taxing school procedures, such as the enrollment system), Action (by promoting and safeguarding the rights of students), Relationship (a community that fosters unity, camaraderie and a sense of family with the professors and staff), Excellence (academic excellence), and Service (by assuring that each student receives maximum benefits for what he or she has paid to the school). Baculi also stated that the vision of the SLG for the school is PARTNERSHIP. The symbiotic relationship of the SLG and the student body was strengthened through activities where students actively participated. For instance, social awareness among students was magnified through the You Lend a Hand Project for the survivors of typhoon Yolanda. Another achievement during his term was the introduction of the new enrollment procedure. Baculi admitted that he and the rest of the student council cannot please everyone; thus, he constantly reminds his fellow officers to immediately address the problems, find ample solutions, and then simply move on from them. “Generally, what we have achieved is better student involvement. More student involvement means a new breed of leaders in the future since we follow the principle that leadership is synonymous to having a relationship with the students that we are serving,” he said. THE RED CHRONICLES VOL. 7 NO. 2 3030
During his campaign, Romulo advocated G.A.M.E, which stands for Grievance machinery, Academic excellence, Minimization of tuition fees and Encourage(ing) student participation. Romulo maintained that he exerted his best efforts to realize a grievance committee for the students. When interviewed, he assessed that his capacity as a student leader can only cover as much as having an opportunity to bargain with the administration. As much as the SLG wanted to have a grievance committee, the administration did not allow it to exist. His goal of academic excellence was met through the Legal Materials Distribution Program and the Subject Overview Program, which was a tie-up project between the SLG and the Academic Bar Operations before the start of the 2nd semester. He has also made efforts to address the issue of excessive miscellaneous fees; however, the final word remains with the administration. Romulo claims to have also made significant progress towards achieving wider student participation in extracurricular activities, through the Volunteer Corps (VolCorps), which was seen to be more active this school year. FAIZAL HUSSIN, JR. External Vice-President Hussin’s campaign platform consisted of the acronym SIR: Sponsorship benefits for the students, Internship openings for interested students, and the Red Card which provide students discounts in numerous establishments. during school He asserted that he had no difficulty securing sponsorship deals and Visibility activities/ student obtaining projects within the sphere of his authority. As for his second projects platform, he hopes that his successor would continue to build upon Approachability the blueprint that he created for the internship program in order that it would not go to waste. As for where the blueprint is, it remains to Efficiency/Effectiveness be released to the student body as of press time. When asked if he in the encountered difficulties with his second platform, he admitted that he Transparency execution of their own found his second proposal more daunting than expected because of duties the huge amount of time and effort needed to secure internship op- Over-all Performance portunities.
4.29
Treasurer ER “Pastor” Esguerra 3.56
4thYear Rep. Bradley Listones 4.33
3rd Year Rep. Yanee Romano 4.61
2nd Year Rep. Ivy de Guzman 4.08
1st Yr Rep Gelo Ang 4.2
4.13
4.17
3.8
4.67
4.65
4.04
4.24
4.02
4.08
4.06
3.6
4.2
4.47
3.82
3.75
4.09
3.86
3.91
3.97
3.49
4.17
4.47
3.96
3.75
4.35
4.04
4.07
4.12
3.61
4.34
4.55
3.98
3.99
President Charles Baculi
EVP Faizal Hussin
IVP Carlos Romulo
Sec Gen Bits Garcia
4.54
4.23
4.18
4.53
4.06
4.24
His last project, the Red Card, was meant to be a discount card that law students may use at several establishments. Though the students have yet to receive their cards, Hussin affirmed that the project is ready to be implemented, and merely requires approval of the school administration. The Red Card was not simply to secure outside transactions for the benefit of the students, he said; rather, it was meant to fulfill a bigger vision of bringing out SBCA-SOL to the community, and to remind everyone that beneath the cheery and playful disposition of the institution lies a solid and united community in pursuit of academic excellence. During his term, Hussin became the Chairman of the Association of Law Students of the Philippines – NCR (ALSP-NCR) and Overall Head of the 24th Conflicts of Law. He also spearheaded annual activities such as the Back to School Party and Christmas Party.
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ALBERTITO GARCIA Secretary General Garcia’s projects were based on a three-point agenda: a balanced interaction between the students and the administration, proper information dissemination, and transparency. As secretary-general, he helped the student body, through the combined efforts of the SLG, in airing their concerns regarding various school issues. He also helped in keeping the students informed of the various school activities and programs of the SLG. Being a full-time student, Garcia admitted that he had a hard time rolling out his projects at first. It was a few months before he could adjust his schedule to entertain all concerns brought to him by the students, the Student Council (SC), and the administration. “It’s hard to work on the projects and, at the same time, study for recitations and exams. I honestly just got the hang of it recently,” he said. Garcia further said that, “All projects from the very start were a group effort, we worked as one and accomplished everything as one. So, I can’t really say what I alone accomplished. [In] each project the student body was our only priority,” he added. ENRICO ESGUERRA Treasurer Esguerra was put into office by special elections, upon the resignation of Duke Sugcang who transferred to another institution because of personal reasons. When asked about his goals and platforms during the campaign, he said that his only goal was to be of help to the SLG. He described the basic duties of the Treasurer as having to prepare a General Budget to be used for facilitating projects and activities effectively and efficiently. Despite the demands of being a full-time student and a pastor at his local church, Esguerra was still able to do his duties as treasurer. His recent reinstatement to his previous Episcopal appointment as university Chaplain challenged him to juggle his work, studies, and his position as an SLG treasurer; however, he saw this struggle as an opportunity to improve his priority management and servant leadership, and to nurture excellent companionship. When asked about the ordeals that he encountered during his term, he cited the implementation of the standard procedures of the Accounting Department for liquidation, which has affected allocation of funds for school activities because the release of the budget became more stringent. BRADLY LISTONES 4th Year Representative In his campaign during the special elections, Listones emphasized proper information dissemination, plans for a batch jacket for the seniors, and a possible mass and thanksgiving dinner hosted for and by the fourth year students. Listones mentioned that he is usually at the SOL Library so that the seniors can easily approach him to raise their concerns. He used Facebook and text messaging as an avenue to properly disseminate information and announcements. When asked for an update regarding the batch jacket, he reported that some of the seniors were no longer willing to pursue it due to budget constraints. To his credit, he, with huge help from the seniors, was able to successfully organize the first Seniors’ Red Mass and Thanksgiving Dinner.
DIANNEE ROMANO 3rd Year Representative Romano ran as 3rd year representative to achieve batch unity and effective information dissemination, and served the student body more than what her position requires, such as helping receive SOL merchandise orders and payments from the students, and helping organize school events with the help of volunteers, who mostly came from the batch that she represents. Her battle made it more difficult by the need to adjust to the new administration. “It is a year of adjustment, so much so that it is my first time to be a part of a student body organization in my entire life.” She does not claim to have done her duties as batch representative perfectly, but she proudly said that her batch became more involved in nonacademic activities this year. Through her diligence in updating statuses via social networks and good time management, Romano met her goal to properly disseminate information, especially to her batchmates.
IVY DE GUZMAN 2nd Year Representative De Guzman’s main goals were batch unity and improvement of information dissemination within her batch. During the campaign, she proposed the creation of a notes bank to provide her batch with study materials for their subjects. According to her, more sophomores actively participated in school activities for this academic year. She also said that she did not encounter major difficulties in the execution of activities, thanks to the great teamwork within the SLG. Regrettably, some of the interviewed sophomores responded that the proposed notes bank had not been created yet. Despite her shortcomings, De Guzman said she felt proud and thankful to have served the students.
ANGELO ANG 1st Year Representative Ang’s campaign promise was simple: “To do what I am supposed to do. And my goal is to help out as much as I can.” Ang acknowledged that, as a law student and an SLG officer, it had been tough to juggle both studying law and fulfilling the many responsibilities entrusted upon him. The bar operations, for him, was one of the most trying duties that he encountered during his term. His batch mates described him as approachable, though they believe his efforts on information dissemination have fallen short. Ang was able to consistently deliver on his simple platform by being visible in all school activities and helping out the SLG in all its programs. He said that being a student leader also helped him to become more mature, diligent, and considerate to his friends and to his fellow students.
Unfortunately, his promise to speak in behalf of the batch before the administration has not been realized, as the seniors still need to personally write letters of request and go to the Dean’s office regarding appeals for their grades. 3232
THE RED CHRONICLES VOL. 7 NO. 2
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STUDENT CONTRIBUTORS’ CORNER “Climate Change for the Pasaway na Pinoy” By Carla Angela Valera
T hey refused to let go, but nature did not give them a choice. Uncontended from sweeping away his house and his other relatives, a big wave made him lose grip of his baby, and the raging water swept away his wife.
He wanted to shout, he wanted to tell his wife and baby how much he loved them, but he couldn’t. He was drowning. He lost his family in a day, and only seconds of storm surge was all it took. Now, he grieves, alone.1 I have two questions. First, are you willing to trade places with him – the person in the story? Second, would you have him be your child or your father? You can answer, but, when nature strikes, your answer is irrelevant. Your answer is not a choice you make, not something you can instantly benefit from. “We do not inherit the Earth from our ancestors; we borrow it from our children.” - Proverb Yolanda. The story cited above is one of the many heartbreaking experiences of those who have survived Typhoon Yolanda that struck the Philippines on November 8, 2013. Yolanda brought monstrous winds that created three story high storm surges, which eventually caused annihilation of coast side areas. According to a survey conducted by the National Disaster Risk Reduction and Management Center (NDRRMC) on November 11, 2013, Yolanda affected 9.7 million people; 23,200 houses and infrastructure were damaged; 615,770 people were displaced; and, 1,774 died from causes associated with the typhoon across 41 provinces. Forsaken. When disaster falls, we ask: “Are we godforsaken?” I think not. Most of us just neglected God’s purpose for us. When He created us and put us in His garden, we were given the task “to work it and take care of it,”2 but we have forsaken our purpose. What to work and take care of ? We have to remember that working and taking care of our environment is something we have to do full-time. Even when we sleep, weeds continue to grow; pollution continue to flow and burn. Similar to math problems, the first step is to identify the problem. Thereafter, we need to have a working formula that will solve the problem. In this case, what is the problem? Climate Change. As early as 1992, climate change has been recognized by different nations of the world. In fact, the United Nations Framework Convention on Climate Change (UNFCC) has defined climate change as “a condition attributed directly or indirectly to human activity that alters the composition of global atmosphere and which is in addition to natural climate variability observed over comparable time periods” and has set principles and commitments for its stabilization. The UNFCC, however, is what it is – a framework. It needs protocols, agreements, state laws, local ordinances and human hands to make what it envisions, i.e. to protect reality. The Philippines, being part of the UNFCC, has recognized this problem. It has recognized that climate change is already an existing phenomenon, and all we can do is to mitigate it, or make it less severe or harmful; and, adapt to it or change our behavior so as to make it easy to live in a particular place.3 Mga batas ukol sa kalikasan. The challenge is to translate national policies, plans and programs into local action with measurable gains. It is ego boosting to note that, in 2012, the Philippines has been lauded by the United Nations (UN) for having the world’s best climate change laws.4 Much like filling a cup, the advancement of legislation is not just due to the present generation’s effort. It has been an advantage that former Filipino officials have started to pour into the cup. Imagine this, one state may be legislating its first environmental law, while another is already busy going into the details.
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Prior to the UFCC of 1992, the Philippines is already ahead in environmental law compared to other nations. As early as 1977, then President Marcos passed Presidential Decrees 1151, 1152 and 1160, respectively the Philippine Environmental Policy, the Philippine Environmental Code, and the empowerment of Barangay Officials to enforce Pollution and Environmental Control Laws. These laws, even if it did not directly use the term climate change, already recognized the conflicting demands of population growth and nature, and had differentiated the need to protect the quality of air, water, land and natural resources. In addition, it assured its implementation in the grassroots level by providing for citizen’s arrest. The Philippines has also been active in establishing a supervision and implementation body, and in passing specific laws to address specific issues that could address climate change. In 1987, the Department of Environment and Natural Resources (DENR) was created. In 1999, the Philippine Clean Air Act was passed with provisions on classification of sources of air pollution, together with clearance, permits, emission control and charges. The Ecological Solid Waste Management Act of 2000, on the other hand, provides for public education and promotion programs to provide citizens active participation in environment protection. Years after, The Climate Change Act of 2009 created the Climate Change Commission – an agency under the Office of the President acting as an independent and autonomous body for policy making with the main tasks of coordinating, monitoring and evaluating the programs and action plans of the government relating to climate change. By 2010, the Supreme Court created and approved the Writ of Kalikasan (A.M. No. 09-06-8-SC), which is the rule of procedure for environmental cases. This writ gives a citizen remedy or recourse on any violation of one’s constitutional right to a balanced and healthful ecology. It is especially important because it provides for no docket fees; and, it is made by petition to the Court of Appeals and the Supreme Court. Thus, persons who are unable to raise their right because of lack of funds against big companies or powerful government units may now get easier access to justice and equity. Clearly, Philippine laws and diplomatic affairs are equipped to handle the issue on climate change, to wit: (1)Legislation – set standards, guidelines, limitations and bodies to assure its implementation; (2) Implementation – citizen’s arrest may be made by barangay officials against people who violate environmental laws; the DENR, with its bureaus, such as the Environmental Management Bureau (EMB) are empowered to work for pollution control; (3) Recourse – through the Writ of Kalikasan; and, (4) Prevention and Future Policies – through education of citizens by the Climate Change Commission, and participation in international conventions sponsored by the UN and the ASEAN. However, the real problem lies beyond the laws. For example, the provisions of the Clean Air Act provides for pollution from stationary sources, including small-scale burning or siga, but there are those who burn more toxic garbage often than others. Law also provides for emission standards, but there is a system of lagay (bribery) engrained in the Filipino system to get away from penalty despite failing to meet mandated standards. There are also a lot of pasaway (deliberate circumventers of law) for other provisions. These pasaway smoke in non-smoking areas when no one is watching; and they surreptitiously discharge of their wastes in forbidden ways. The laws on paper are merely guidelines, which at times contain penal sanctions if not followed. Nonetheless, the penalty is for the sake of its enforcement. What the pasaway na pinoy needs is a law written in their hearts, because with it is the true solution to climate change. Footnotes: 1 Story from Ramos, Marlon. “Father helpless as he watches waves sweep away his family” Philippine Daily Inquirer (http://newsinfo.inquirer.net/532421/father-helpless-as-he-watches-waves-sweep-away-his-family). 2 Genesis 2:15 (NIV), The Holy Bible. 3 http://www.merriam-webster.com/dictionary/environment ; and, http://www.merriam-webster.com/dictionary/adapt. 4 Ubac, Michael Lim. “UN lauds Philippines’ climate change laws ‘world’s best’,” Philippine Daily Inquirer (http://globalnation.inquirer.net/35695/un-laudsphilippines%E2%80%99-climate-change-laws-%E2%80%98world%E2%80%99sbest%E2%80%99).
THE RED CHRONICLES VOL. 7 NO. 2
_______________________________________________
New Professor: ATTY. DENNIS FUNA By: Martin Bellen
BETWEEN ONE (1) TO TEN (10), TEN (10) BEING THE HIGHEST, WHAT IS YOUR PERFORMANCE RATING FOR THE SLG OFFICERS?
_______________________________________________ 8/10 I can see that the SLG officers are doing their best. They can only do so much. The problem is not the performance of the officers, but the passivity of the students. (DOPPELGANGER)
Except for the President and the 3rd year batch representative, I would give the SLG a 6/10. For me, the president was the most involved in all the school activities and the different concerns of the student body. However, the rest of the officers were not as involved, nor did they plan the activities properly.
8/10 I think they are doing the best they can with whatever they have. (ANGELA MENDOZA, 3RD YEAR)
7/10 The SLG officers seem to be pro students; there were instances wherein they really stood up for the students. However, there were less SLG activities this year and I did not like the Christmas Party. (METAL SLUG, 2ND YEAR)
3/10 They exerted effort, but not to the extent of job well done. There are a lot of loopholes to be filled.
(3RD YEAR STUDENT)
(4TH YEAR STUDENT)
As a whole I would rate the SLG with a 7/10, not because they did not perform their duties well, but because some officers performed better and were more visible. I have no problems with their activities this school year, but I hope they would make projects that would make our academic endeavors easier in terms of reviewers and other materials. (3RD YEAR STUDENT)
3/10 There have been efforts on the part of the officers to perform their duties; however, such efforts were not good enough. Parang bitin. (ANONYMOUS)
_________________________________________________ What do you think are the negative effects of THE SAN BEDA LAW SECRET FILES on the students? Do you think the page should be deleted already?
_________________________________________________
A
tty. Dennis B. Funa earned his degree in Bachelor of Commerce in Marketing from De La Salle University, and took up his Bachelor of Laws in San Beda College of Law, Manila. During former president Fidel V. Ramos’s administration, Atty. Funa served as the Special Assistant of the Appointments Secretary of the former president, Technical Assistant Director to the Chief Presidential Legal Counsel, and Executive Director of the Videogram Regulatory Board. He has also been a national officer of the Integrated Bar of the Philippines.
We post our grievances because we do not have a proper council who will address our complaints. However, I think it causes conflicts and misunderstanding. I think it should be deleted.
It presents another avenue for law students to voice out their grievances and concerns. It should not be deleted.
(4TH YEAR STUDENT)
It shows the cowardly side of students. They can’t express or tell their angst to the person personally. The posts there are mostly negative. They bash other people. Instead of studying or doing things that are worthwhile, students tend to read or post in that page. I think it should be deleted as it is a breeding ground for hostility among the students.
The Secret Files is there so that we can express our thoughts, concerns and different ideas regarding law school. It should not be taken down. Those who are affected can choose not to visit the page. (3RD YEAR STUDENT)
At present, Atty. Funa is the Deputy Commissioner of the Insurance Commission under the Department of Finance, by appointment of President Benigno Aquino III. He is also the Managing Partner of the Funa, Tantuan, & Fortes Law Offices. He has authored ten published law books, and teaches Insurance Law in San Beda College Alabang. Atty. Funa offers this piece of advice to San Beda law students: “The key is to be studious. When the bar exams come, be relaxed and cool to do well.”
on deck
by christine erica a. banzon
(1ST YEAR STUDENT)
(METAL SLUG, 2ND YEAR)
It breeds negativity and hostility, encourages useless complaining, and reduces our supposedly civilized and intellectual thought processes to cheap blows and low actions. (ANGEL MENDOZA, 3RD YEAR)
The Secret Files has become a haven for those who are not brave enough to voice out their complaints and opinions. It could have been a great outlet for students, but it became a venue for bashing our fellow students and our professors, which I think is very disrespectful and not an act of a well mannered, educated person. There is no bravery in anonymity. Delete the Secret Files!
The said page brings out unwanted conflicts between both campuses (SBCA and SBCM). It also creates a rift between the students and professors. Although the page allows students to express their thoughts and frustrations, some entities should just be left with themselves. If the page is properly monitored, then it will be a better outlet for the students. Right now, it causes negative portrayals of San Beda and the members of its community. (3RD YEAR STUDENT)
(DOPPELGANGER)
________________________________________________ Do you think the proposed 12% tuition fee increase for
next school year is necessary, proper and well justified? ________________________________________________ No. The fees that we are currently paying are more than enough already. If we cannot even see any improvement in the school with the money we are paying right now, there would be no justification for any increase to our tuition fee. Having better facilities being built right now may justify an increase in our tuition fee, but we are still stuck with broken chairs, unsanitary restrooms and an expensive wi-fi fee that doesn’t work often. In order to convince the general population for an increase in our tuition fee, improvements must become apparent. (3RD YEAR STUDENT)
No! I don’t even see any improvement with the facilities and the manner of teaching of some professors who do not even go to class regularly.
NO! Ni hindi nga natin alam kung bakit ang laki na ng binabayaran sa miscellaneous fees tapos magtataas nanaman? Konting consideration lang sa financial capability ng mga estudyante. Hindi lahat ng Bedan mayayaman. Kung may paglalaanang pondo gaya ng sarili nating law building mauunawaan ko pa. (ZEPH, 2ND YEAR)
Yes, IF it will mean more parking spaces, friendlier security guards, better professors, and cleaner environment. I wouldn’t mind paying 12% more if I’d get higher quality of education. (METAL SLUG, SECOND YEAR)
No. The increase will be inappropriate. There is no improvement on our facilitiesThe increase is hefty for students who support lack of tables and chairs, unsanitary comfort room. their own studies. (3RD YEAR STUDENT)
(HUMAN RIGHTS CLASSMATE, 1ST YEAR)
(4TH YEAR STUDENT)
VOX POPULI.