“Oh, that you would bless me and enlarge my territory! Let your hand be with me, and keep me from harm so that I will be free from pain.” That was Jabez crying out to God in the Book of Chronicles thousands of years ago. Amazingly, that man’s cries could still be “heard” to this day, though in a different context. God granted him his personal prayer, of course. I’d like to think his cries and His response could not have been more apt for this issue’s main theme: international law, and its impact on our sovereignty as a people. Jabez’ petition focused on two important elements: his territory and his own person. Incidentally, these two elements could very well form part of what is known in our PIL classes as the elements of sovereignty—that of territory and population. Territory. The word itself brings to mind a sense of ownership and possession—man’s natural desire to preserve and protect whatever is his and what ought to be his. It is the stuff of what disputes are made. In this issue, we present to you our country’s conflicting territorial claims with two other sovereign states—the People’s Republic of China and Malaysia. We share with you two important voices on these issues, that of our beloved professors and our very own future Bedan lawyers. Our cover story, written by Ramayana Saidamen and Maureen Betita, and TheRedChronicles’ beloved faculty adviser, Atty. Rita Linda Jimeno’s, centers on our long-standing dilemma with China. SBCA-SOL’s very own Ambassador Rolando Gregorio and TRC’s Associate Editor, Ma. Josefina Alfonso, sheds light on the issue over Sabah. Also, Ambassador Amado Tolentino shares to us his colorful experiences as a young delegate in the 1971 Constitutional Convention as he tackled the issues of divorce and territorial limits. Person (population). In this issue, we look at man’s (and woman’s) capacity for both strength and weakness as agents of change. We bring to you The Jimenos of SBCA-SOL and the bond that ties them as a family. We present to you the new additions to our roster of brilliant professors this semester.
COVER DESIGN & LAYOUT by ROSS UMALI
TheRedChronicles
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Rm. 301 3/F St. Maur Building San Beda College Alabang School of Law 8 Don Manolo Blvd., Alabang Hills Village, Muntinlupa City Philippines www.theredchronicles.org facebook.com/theredchronicles twitter.com/trcpluma
March is Women’s Month, and so we present to you our beloved School of Law’s women judges, all of them legal luminaries. We tell you the story of the feisty Senator Miriam Santiago and her road to the International Criminal Court. As an annual feature, we present your verdict on the performance of your duly-elected School of Law Government officers, culled from surveys and interviews conducted by our staffers. We tell you the stories of victory and defeat in academics and sports, all through photographs. And as a continuing fifth anniversary feature for the entire AY 2012-2013, we make room for memories as we tell you the story of TRC’s Greatest Hits in full color. AY 2012-2013 has been a good and joyful year, but it is not bereft of painful tears nor humbling trials. May we all endure and eventually reap the rewards at the end of our respective races. And in the same way, may we all make it like Jabez in that old biblical story—his territory enlarged and his person preserved.
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Laisa Mae Aguila Editor-in-Chief Joey Alfonso Associate Editor Samantha Santos Managing Editor Atty. Rita Linda Jimeno Faculty Adviser Dugie Dela Cruz News Editor Rio Dizon Features Editor Rose Ann Reyes Literary Editor Miguel Llave Senior Photographer Staff Stephanie Dandal Ron Esquivel Mau Betita Robert Salao Suyen Dimanlig Benjamin Yu Roselle Jimeno Romeo Movido Angelo Murillo Arianne Pascual Tia Perfecto Mayan Saidamen Ann Padilla Christine Cruz Denn Tuvera James Ryan Villena Kelly Lao Lawrence Solis Margarita Rafols Heyde Talorong Design & Layout Luvimindo Balinang Jr. Carlo June Tibayan Carisa Barcena Photographers Ron Esquivel Miguel Llave Cartoonist Bradly Listones Web Design and Management Mike Catbagan William Eusores Lailani Blancaflor
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THE RED CHRONICLES VOL. 6 NO. 2
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San Beda Alabang- School of Law’s Legal Aid Bureau: A first in the South BY NASTASIA ANNE C. PADILLA AND JENNAH C. DELA CRUZ
San Beda College Alabang- School of Law Dean Ulpiano Sarmiento III introduced the idea of the Legal Aid Bureau in the institution. According to him, the program will be an extension of San Beda Manila’s Legal Aid Bureau. As provided under the Law Student Practice Rule of the Rules of Court, the legal aid program will give students a chance to represent indigent clients under the supervision and control of a member of the Integrated Bar of the Philippines in any case before any trial court, tribunal, board, or officer. Moreover, qualified students shall also participate in and spearhead activities intended for the promotion of legal rights within the community. Participation in this program will be in lieu of the prescribed courses namely, Practice Court 1 and 2 in the current law school curriculum.
OFFICIAL EDITORIAL BOARD
what’s inside
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Enlarge your territory
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The Legal Aid Bureau in San Beda College- Manila College of Law (SBCM COL) has been in existence for seven years already; and now, the same program will be offered to students of SBCA- SOL, with Atty. Lauren Tanyag as its adviser. Through the efforts of SBCA-SOL’s Student Law Government (SLG), and both administrators from the SBCA-SOL and SBC-M COL, the said vision has been concretized.
and Ian Basconcillo (SBCA-SOL’s SLG President), were present during the momentous event. Atty. Tanyag shared in an interview the importance of having this program in the Alabang campus. “No legal aid office exists in the South (of Metro Manila). In fact well-known legal aid offices in Metro Manila, such as that of San Beda College Manila and UP Diliman often refuse to accept cases in Rizal, Cavite, Muntinlupa, and Las Pinas, among others, due to limited resources and time constraints.” She added that, “SBCASOL hopes to address and solve this need. Further, there is an informal request from the Mayor of Muntinlupa for legal assistance, especially for those in the New Bilibid Prison.”
On March 5, 2013, the Memorandum of Agreement, which formalized the She emphasized the vision and mission of SBCA-SOL in providing for the Legal extension of the Legal Aid Bureau of SBC-M to SBCA-SOL, was signed at the Aid Bureau. “San Beda hopes to expand its means to provide free access to justice to Board Room of SBC-Manila. Reverend Fr. Aloysius Maranan OSB (SBC-M Rector the poor and unrepresented, and by doing so, build a stronger justice system. It has been President), Dom Clement H. Ma. Roque OSB (SBC-A Rector President), Dean Virgilio said that lawyers strive to attain justice for their clients while great lawyers strive to attain Jara of SBC-M COL, Dean Ulpiano Sarmiento III of SBCA-SOL, Atty. Bruce Rivera justice for everyone. Through a clinical legal education program, wherein law students (SBCA-SOL’s Prefect of Students), Atty. Peter Joey Usita (SBC-M COL’s Legal Aid gain intensive legal education by providing free access to justice for the poor, justice is Bureau Director), Atty. Lauren Tanyag (SBCA-SOL’s Legal Aid Bureau Director), made available to all.” Tyrus Macaraeg (Legal Aid Bureau Chairman), Aubin Nieva (SBC-M Law Student (Published online on 11 March 2013, www.gmanewsnetwork.com--Ed.) Government President), Charles Baculi (SBCA-SOL’s 2nd year Batch Representative), MARCH 2013
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Red flags for the Holy Child: SBCA celebrates the Feast of Sto. Niño
SBCA-SOL Law Journal Update
SBCA-SOL International Law Society wins 1st runner up in ALSA Debate in South Korea
BY ROBERT SALAO AND TIA PERFECTO
BY LAWRENCE SOLIS
The San Beda College Alabang community held a grand festivity in honor of the Sto. Nino from January 18 to 20, 2013. Ushering in the Neo-Ruby year, the event centered on the theme, “Forty-fied in Upholding the Christ Child.” The purpose of the theme is to strengthen the tradition of upholding Christian principles, values, and ideals of the Holy Child, which our Benedictine brothers started in 1903.
The San Beda College Alabang- School of Law Journal will formally launch its first issue on April 2013. The inaugural issue of the journal features seven contributions from the SBCA-SOL faculty members.
SBCA-SOL’s International Law Society (ILS) clinched first runner up at the Asian Law Student Association’s (ALSA) Debate Competition held in Seoul National University on January 25 to 27, 2013. The team, composed of Steven Gatacelo, Angelo Murillo, Stephanie Dandal, and Bernice Pinol, worked on a fictional international case under the theme, “Human Rights of Victims and Criminals.”
The three-day celebration comprised of various activities such as Lexio Divina, prayer vigil, field demonstration, and exhibits. There were also talent shows like Bedan Got Talent, Battle of the Bands, Bedan Theatrics, Cheer Dance Competition, and an Anime Show wherein teachers cosplayed and performed for their students. Another highlight of the Sto. Nino celebration is the AXN University Challenge wherein a series of adrenalineinducing challenges were enjoyed by the participants. The College of Arts and Sciences (CAS), in cooperation with the Junior Bedan Law Circle, had a mock trial which was presided over by Atty. John Jacome, an alumnus of SBCASOL. Also, the CAS and the Bedan International Studies Association initiated an inter-school quiz bee titled, “Tagis Isip.” To conclude the three-day festivities, a procession was held along the streets of Alabang Hills Village. A Holy Mass was celebrated immediately thereafter. At the end of the night, the Bedan community assembled as one family to watch a spectacular fireworks display–a reminder that San Beda College Alabang will continue to give light by providing education that is grounded on Benedictine values and the Catholic faith.
Ambassador Amado Tolentino wrote his piece on environmental law. Commissioner Rene Sarmiento addressed the issue on rampant election violence. Atty. Saul Hofileña contributed by writing about the United Nations Convention on the Law of the Sea. Justice Japar Dimaampao and Atty. Nicasio Cabaneiro discussed the prominent issues in taxation. Atty. Rita Linda Jimeno explained the recent changes promulgated by the Supreme Court regarding Rules 41, 45, 58 and 65 of the Rules of Court. Finally, our very own Dean Ulpiano Sarmiento III stated his opinion regarding the students’ right to organization, and the correlated right of the school to refuse recognition of unrecognized organizations.
Fr. Anscar Chupungco, OSB, one of the much-loved and respected Rectors of the Benedictine institution, is well known for his generosity and openness to everyone. He played a big role in the establishment of the San Beda College Alabang School of Law. He was a visionary, a leader, and a good servant of God. He was a man of excellence. For him, standards should never be compromised. He was a vital instrument in the continuing success of the Benedictine institution in the field of education and holy orders. He has always been a teacher to many. He encouraged everyone not to lose the desire to learn, and to grow continuously. According to him, life is a continuing journey; and as students of life, we grow, we learn, and we learn as we grow. 4
The debate departed from the conventional format as it was a hybrid of the moot court, Oxford Oregon method, and Asian parliamentary system. It focused on forced labor, forced disappearances, child labor, and other human rights violations. The team prepared for both the defendant and the plaintiffs’ positions, and they argued their stance as if they were presenting the case in the International Court of Justice. Debaters from the Islamic University of Malaysia, National University of Singapore, SBCA-SOL, and National Chengchi University advanced to the semi-finals, but the final battle was between Malaysia and the Philippines.
Ms. Jonalyn Porquez, Editor-in-Chief of the Law Journal, said that contributions are open to anyone. “There is no specific limitation as to who may wish to contribute to the journal so long as the issues they discuss are highly relevant and of interest to the academe and practitioners alike.” She added, “However, the journal seeks to showcase the faculty members, Bedan graduates and Bedan students for which reason, they are given priority.”
Gatacelo, head of the debate team, said with pride, “The experience was surreal. We went through a lot of challenges before leaving for Korea, but it’s all worth it. We really gave our best in every round to represent the school and the country!” The team admitted that it was difficult to collate relevant international laws to strengthen their argument. Despite the challenges, their hard work paid off. More than the obstacles, the team reflected that it was an experience that tested their skills and wits. Gatacelo said that the “competition was a great opportunity to see how international laws were appreciated in the different parts of Asia, but more than the adversarial nature of the competition, the debate fostered friendship.”
Currently there are nineteen students comprising the editorial board of the law journal, most of whom are third and fourth year students. The Law Journal is supervised by Atty. Bruce V. Rivera, Prefect of Student Affairs of the School of Law.
Father Anscar: A Beloved Pillar of the San Beda Community BY SUYEN DIMANLIG
BY CHRISTINE CRUZ
Fr. Anscar joined the Lord on January 9, 2013 while he was at the Paul VI Institute of Liturgy in Malaybalay, Bukidnon. A day after his passing, the whole Bedan community offered a Holy Eucharist mass at the St. Maur Auditorium to commemorate his life and his contributions to society, specially to the Bedan family. He was laid to rest on January 17, 2013 at the La Loma Catholic Cemetery. A funeral mass was held at the Abbey of Our Lady of Montserrat in San Beda College Manila on the same day. Fr. Anscar lived life by following God’s will. He will eternally be remembered for his teachings and for living out godly values.
THE RED CHRONICLES VOL. 6 NO. 2
New SLG officers declared
Summary of Votes:
BY KELLY LAO
The Elections for Academic Year 2013-2014 was held on February 28, 2013 from 4:30 to 9:30pm at Room 201 of the High School Building. There was a significa nt turnout of votes with almost five hundred (500) students participating. As pronounced by the Commissioners of the Elections Commission, Charles Baculi of the Lakas Alyansa Party was elected as the new President. Also from the same party, Albertito “Bits” Garcia was elected as the new Secretary General. Independent candidates, Carlos Romulo, Faizal Hussin, and Duke Sucgang, were voted as the new Internal Vice President, External Vice President, and Treasurer, respectively. Completing the list were Ms. Diannee Romano, an independent candidate, and Ms. Ivy De Guzman of the Lakas Alyansa Party, who were both respectively ushered in as the new 3rd Year Batch Representative and 2nd Year Batch Representative.
President Charles Baculi 324 Mia Lapus 147 Abstain 21 Internal Vice President Carlos Romulo 374 Abstain 110 External Vice President Faizal Hussin 257 Lorenzo Reyes 172 Abstain 58
MARCH 2013
Secretary General Albertito Garcia 363 Abstain 126 Treasurer Duke Sucgang 310 Abstain 173 3rd Year Batch Representative Diannee Romano 118 Abstain 19 2nd Year Batch Representative Ivy De Guzman 75 Abstain 48
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Results for the team events Event
First Place
Second Place
Third Place
Basketball Men
Team Dragonball
Team Egg
Team USA
Basketball Women
Seniors
Juniors
Freshmen
Volleyball
Freshmen
Seniors
Juniors
Futsal
Juniors
Seniors
Freshmen
Results for the Individual Events Monopoly Deal: Champion: Alexi Arciaga Runner-up: Ryan Suaco Table Tennis Singles Mixed: Champion: Aizelle Espiritu Runner-up: Kyle Corpus Table Tennis Doubles: Champion: Gabriel Enriquez and Marky Eusebio Runners-up: Reg Tanio and Borgy Calugay Badminton Doubles: Champion: Lantong Sisters Runners-up: Joriel Valenzuela and Donnie Villarin Swimming Men’s: Freestyle Champion: Jm Talatala Breaststroke Champion: Marky Eusebio Backstroke Champion: Jan Paul Claudio Swimming Women’s: Freestyle, Breaststroke and backstroke Champion: Vanessa De Veyra Tennis Men’s Singles Champion: JM Talatala (2nd year) Runner-up: Bert Bernardo (4th year) Tennis Women’s Singles Champion: Mara Sotto Grappling Champion: Edmundo Vega Runner-up: Jan Paul Claudio Results for the Fun Games
The School of Law held its annual Lex Celebracionis last December 10 to 14 at the sports complex of San Beda College Alabang. Different teams competed in various games. As an over-all result, the seniors dominated most of the games; followed by the juniors; and lastly, the freshmen.
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THE RED CHRONICLES VOL. 6 NO. 2
The organizers of the event, namely: Dugie Dela Cruz, Kayce Clareza, and Dianne Ngo, thought of a different way of arranging the pageant. According to them, separating the pageant proper from the coronation night will give the candidates more time to gather votes. In the end, the event proved to be a success as the organizers were able to raise almost Php 125,000 which was used for the SBCA-SOL’s Christmas Party. The coronation night was held during the “Charivari 2012: Las Vegas Night” on December 13, 2012 at the Ayala Alabang Country Club. After all the votes have been tallied, Samantha Santos and her partner Lorenzo Reyes, both representing the third year, were declared as winners. The first runner-up winners were Maeryl Laiza Moya (2nd year) and Neil Argel (2nd year). It was Maureen Agocila (2nd year) and Christopher Fabros(1st year) who grabbed the second-runner up titles. The following candidates won the special awards:
Best in Evening Wear: Christopher Fabros and Claire Paralejas
8-ball Mixed Doubles and Men’s Doubles 1st: Aron Menguito and Roselle Casiguran 2nd: Jorel Valenzuela and Simon Simon 3rd: Fernando Palileo jr., and Kirby Punay
Another highlight of the event was when the Faculty of the School of Law, including Dean Ulan, battled against the Fourth Year students in an exhibition basketball game. The students had gone wild cheering for the professors. At the end of the game, the faculty triumphed over the fourth year students.
The pre-pageant for the prestigious Mr. and Ms. Lex 2012 was held on December 11, 2012 at the St. Maur Auditorium with the theme, “Ms. Lex and The Kilabots 2012: Spark. Brilliance. Fame.”. The candidates were asked to work the stage in costumes.
Counter-Strike 1st: Team 3rd Year Team A 2nd: 4th year 3rd: 3rd year, Team Ponch - Palok
Women’s 9-ball 1st: Michellane Yara 2nd: Roselle Casiguran 3rd: Hannah Caldino
2012
Best Couple: Neil Argel and Maeryl Laiza Moya
9-ball men’s singles 1st: Derek Grimares 2nd: Aron Menguito 3rd: Cornelio Domantay
BY DENN REED B. TUVERA JR.
BY ARIANNE PASCUAL
Target Shooting: Champion: Migs Llave Runner-up: Rino Reyes
Dota Tied 1st: 3rd Year and 2nd Year 3rd: 3rd year, Team Ponch - Palok
LexCelebracionis
Mr. & Ms. Lex
Women’s 8-ball doubles 1st: Sarj Mella and Mica Arce (1st Year) 2nd: Lea Josef and Charmaine Cabrera 3rd: Gemma Javier and Dianne Ngo Eating Contest Winner: 3rd Year Drinking Contest Winner: 1st Year Beer Pong 1st: Carlo Alvarez and Pauline Pano (1st Year) 2nd: Mica and Pauline Ubaldo (1st year) 3rd: Chow Galan and Molly Sering Videoke King: Carlos Romulo - 1st to get a score of 99 Videoke Queen: Mars Arcilla - Got a score of 100
Best in Sports Wear: Samantha Santos and Neil Argel Best in Talent: Lorenzo Reyes and Claire Paralejas People’s Choice: Samantha Santos and Lorenzo Reyes Most Photogenic: Francis Derek Gremance and Ivy de Guzman
Charivari 2012 BY NASTASIA ANNE C. PADILLA
The lights and glamour of Vegas came to one of the most anticipated events of the year for SBCA-SOL on December 14, 2012 at the Ayala Alabang Country Club. The event was well-attended by members of the faculty and the students of the School of Law who all came in their most sophisticated and classy gowns and suits. Hosted by Janna Neri and Ronald Pasamba, the event was opened with a speech from Atty. Bruce Rivera welcoming the students to one of the most festive times of the school year. Showgirls, just like in Las Vegas, performed a lively and colorful dance number before all the festivities happened. There were also performances from some of the talented students of the law school such as Sancho, Zephora and Casey Bragado. The School of Law Government (SLG) and The Red Chronicles also prepared their own numbers which entertained the whole crowd that evening. Prizes which ranged, from gift certificates up to the grand prize, a trip to Boracay, were also given away in the raffle. With the help of the SLG, Jowee Marquez, Anne Padilla, and Hayde Talorong headed the whole event, from logistics up to the program proper. The night suitably ended with the awards ceremony of the Lex Celebracionis and the Mr. and Ms. Lex 2012 Pageant. The law school Christmas party was a culmination of a week-long of festivities in the law school as the students and members of the faculty gathered over good food, music, and fun. MARCH 2013
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RED ‘N LUVIN’ IT 4: SBCA Fun Run 2013
BY DENN REED B. TUVERA, JR.
The School of Law Government of San Beda College Alabang School of Law hosted the annual Fun Run on February 23, 2013 in Alabang Hills Village, Muntinlupa City. The theme of the event was Paint the Town Red. Glow in the dark sticks were used as bands to light up the night like fireflies. There were three categories available to the participants, namely: the 3K, 5K, and 10K run. Students from SBCA and SBC- Manila arrived to register and partake of the event. Dean Ulpiano Sarmiento III, Prefect of Student Affairs Atty. Bruce V. Rivera, and Atty. Charleston Jules Romero were also present during the event. Around 4 o’clock in the morning, the students gathered in front of the stage built in front of the College of Arts and Sciences building. The first to run were the 10K participants. After a few minutes, the 5K runners began their race. The 3K cluster, with only a few members, followed the rest. At the end of the race, the following won the awards: 10K Run 1st Place: Rey Pulido 2nd Place: Marcus Andaya 3rd Place: Runner No. 3106 (Due to unforeseen events, the SLG was not able to supply the runner’s name --Ed.)
5K Run 1st Place: Ronald Pasamba 2nd Place: Joey Alfonso 3rd Place: Joseph Matthew Sobrevega
3K Run 1st Place: Kenneth Ramos 2nd Place: Maureen Therese Agosila 3rd Place: Lorenz San Jose
SBCA-SOL Varsity Teams Compete at the Annual Conflicts of Law BY LAWRENCE SOLIS
Amidst the blinding sun and the blistering heat, the varsity teams of San Beda College Alabang School of Law marched into battle in the recently concluded Conflicts of Law. The annual sports fest was hosted by the Association of Law Students of the Philippines. This year, the games were held at the Claret School of Quezon City. The athletes competed in various events, both in the men’s and women’s division. The Futsal squad, which won last year’s inaugural futsal cup, successfully defended their throne whilst facing fierce competition. The men’s and women’s basketball teams rolled through the elimination rounds and reached the semifinals in their event. The debate team managed to enter the semi-final rounds of the debate competition. Aron Menguito placed third in the 10-ball billiards competition. 8
THE RED CHRONICLES VOL. 6 NO. 2
MARCH 2013
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Vox Populi
Editorial
Q: Are you in favor of giving more weight to the old format of having more essay type questions in the 2013 Bar Examinations? A: Yes. The essay type format will test the examinee’s lawyering skills, like sorting the important facts, identifying the issue/s, organizing his thoughts and, finally, applying the law. -Meliza Ann Awatin Yes, it gives us the chance to justify and qualify our answers. -Jona Laborte
ILLUSTRATION BY BRADLY LISTONES
The waiting game What do you know? It pays to wait after all. In 1952, the governments of West Germany and Israel became signatories to the Luxembourg Agreement, a reparations program that sought to compensate the victims of the Holocaust during Adolf Hitler’s regime. Sixty years and, according to published reports, some $89 billion later, Germany continues to fulfill its obligations to survivors of the Holocaust. In November 2012, on the 60th anniversary of the Luxembourg Agreement, the German government met with the Conference on Jewish Material Claims Against Germany to expand the pension scheme for the Holocaust survivors. The coverage is now extended to “an estimated 80,000 more eligible people”, with both parties meeting annually to ensure an updated review of qualifications and conditions for beneficiaries. In 1973, Chile’s military dictator, General Augusto Pinochet rose to notoriety after having committed numerous human rights violations which spanned 17 years, over 300 criminal charges, and involvements in “embezzlement of government funds, illegal drug trade and illegal arms trade.” In 2006, the Chilean Congress finally approved the measures to compensate the 35,000 or so victims with an individual “monthly pension of around $190 plus other benefits”. Unfortunately, Pinochet died in December that same year without ever being convicted despite such violations of international laws on human rights. Somehow, their histories hit close to home. Who can ever forget the Marcoses, its patriarch’s own brand of dictatorship and the People Power Revolution that inspired the fight for democracy worldwide? The effects were so far-reaching beyond politics and world history that the matriarch’s love for opulence sparked the coinage of the term Imeldific, a word which continues to grace fashion rags the world over. Never mind the causes they championed, the economic and infrastructure boom, or the golden years of sheer brilliance and statesmanship—human lives were lain at the altar of power and wealth. Even after their fall during EDSA I, their victims cried out for blood. Their victims waited a long while for some bloody recognition too. Which is why the signing into law of Republic Act No. 10368, The Human Rights Victims Reparation and Recognition Act of 2013, was a silver lining in a nigh three decade long cloud of mourning. This long overdue statute will show the tragic victims of a dark chapter in our nation’s history that we have not forgotten. The statute’s text reiterates the Philippines’ adherence to, “international human rights laws and conventions, the Universal Declaration of Human Rights, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment.” It seeks to “recognize the heroism and sacrifices of all Filipinos who were victims” during the Marcos regime from September 21, 1972 to February 25, 1986. Without a doubt, this law thrusts PNoy and his administration into the limelight. More importantly, however, RA 10368 places him under microscopic scrutiny. The glory and the gratitude did not end when he affixed his signature on that text. If anything, it placed a Herculean task upon the government. Compensation for the victims will come from the coffers of the Marcoses’ illegally acquired wealth, but it is not as if it is a free-for-all, come-as-you-are buffet. Conditions have been established and procedures have been set up for obvious reasons. Wise discretion and prudent management will eventually come into play. Certainly, time will, again, play a huge factor. Survivors of the Marcos regime have waited nearly 30 years for recognition that was long overdue. Let us hope it does not take the State another 30 more years to actually give them what is rightfully theirs.
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THE RED CHRONICLES VOL. 6 NO. 2
No. I am actually in favor of the multiple choice format because the rest of the world is already using it except the Philippines and another country. -Ramil Austria No. Multiple choice questions are supposed to be objective. Objectivity more effectively shows mastery of the law and does better in ascertaining whether or not the law graduate deserves to be a lawyer. -Louie Limcolioc Yes. The essay type format is more liberal in the sense that the student may present an alternative answer which is acceptable in the light of the circumstances of the case rather than choosing from answers which may be, in the mind of the examinee, too absolute. -Pusong Bato Q: Are you a better law student if you are SINGLE or IN A RELATIONSHIP? A: Single! A romantic relationship deprives you of focus. Holding hands under the table in the library will not help you memorize, but studying in solitude does. -Pusong Bato In a relationship. It gives me inspiration to strive more because I’m also studying hard not only for myself but for us. -Buenavista Mae Bautista Single. I am able to dictate my own time for studying, exercising or pampering. Also, to mingle without restrictions. -Cherie Maryse Alcantara Neither. My brain cells are not controlled by my relationship status. -Aleli Espeleta In a relationship—keeps a law student balanced, sane, inspired and grounded. -Eva Recinto, Chairman, Elecom
What It Means to Be a Child in Conflict with the Law A few weeks ago, my mother encountered a child vagrant who would not take no for an answer. First he said to her, “Alam ko may pera ka eh.” To which my mother did not reply. But the shock came when the child, who was not more than ten years old, said, in a most casual way, “pag laki ko hoholdapin kita” just before running off.
(House Bill 6052). A Senate bill (SB 3324) of similar nature aims to keep the age of criminal responsibility but attaching civil liabilities to the child offender. According to them, it will be a human rights setback and runs amuck with International treaties of which the Philippines is a signatory.
More than anything, what shook me to the core was that, the child, who should be playing with his friends or enjoying family time and laughing with his siblings, was either looking forward to a life of crime or was resigned to the fact that his fate held very little for him to look forward to. So this makes me question if there, indeed, is a need to lower the age wherein criminal responsibility attaches.
Article 40 of the United Nations Convention on Rights of a Child simply states, “A child accused or guilty of breaking the law must be treated with dignity and respect. They have the right to help from a lawyer and a fair trial that takes account of their age or situation. The child’s privacy must be respected at all times.” Under the same code, a child is any person below the age of eighteen. However, nowhere in the code prescribes an age to which criminal responsibility should attach.
Juvenile crimes were up by eighteen (18) percent in 2009 with over Two thousand six hundred reported cases of juvenile arrests. It should also be noted that, upon the enactment of Republic Act 9344, wherein the age exempting criminal responsibility is fifteen years old, there were, more or less, One Thousand Five Hundred cases that were retroactively dismissed, according to an article published in June 2006 in the Manila Times. In a span of three years, juvenile criminality was doubled since Republic Act 9344. A proposed code seeks to remedy this situation by lowering the age of criminal responsibility to twelve years.
There are numerous factors and circumstances that may lead a child to a life of crime. More than anything, however, intervention and rehabilitation is the key. Whether fifteen years old or nine years old, these are children who need guidance. Lowering the age of criminal responsibility will not do these children any good if it only seeks to lock them up without word or worry. At the same time, not lowering the age may inexplicably lead to an increase in juvenile criminality.
Child advocates in the country heavily oppose the proposed change of lowering the age of criminal responsibility
The Scramble for Sabah Since the start of the year, local and international media have been covering the standoff between the supporters of Jamalul Kiram III, the Royal Sultan of the southern Philippine island chain of Sulu, and Malaysia’s military and national police. Earlier this month, reports of spilled tension in Lahad Datu, leading to numerous casualties during the violent altercations between both parties have become prevalent. The cause of this turmoil? The Island of Sabah. Much has been written about the history of Sabah. However, despite the voluminous historical records, the dispute as to who really has the legal and valid ownership over the island still remains unresolved to this day. According to Kiram III, direct descendant of Sultan Jamalul Kiram II, the former head of the Sultanate of Sulu from 18941936, Sulu has binding reasons to claim ownership and control of Sabah. History is replete with details regarding the peaceful transfer of control by the Sultan of Brunei of the said part of what was then Borneo to the Sultanate of Sulu, who then exercised sovereign powers over the island until the tail end of the 19th century. With the advent of the Treaty of Paris between Spain and the United States, where Sabah was excluded from the ceded territories, the Sultanate of Sulu relinquished leadership over the island. Through the passage of time, Malaysia exercised control over the Northern Island of Borneo while paying 5,300 ringgit or 77,000 Philippine pesos to the Sultanate of Sulu as lease payment for allowing them to use Sabah. Now, Kiram III is asking back what they claim as theirs. The recent twist to the Sabah standoff affects various fields: from international law, to the question of what comprises the Philippine
territory, and to the cordial relationship between the ASEAN nations, the Philippines and Malaysia. According to Article 1 of the 1987 Constitution, our National Territory “comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction…” Conflict however arose with the passage of RA 9522, an Act Defining the Archipelagic Baseline of the Philippines. In the 2011 case of Magallona vs. Executive Secretary Ermita, the Supreme Court debunked the petitioner’s stand that RA 9522 “dismembers a large portion of the national territory” because as said by the High Court, personalities who have a valid argument regarding any territory supposedly belonging to the Philippines may be presented and pursued by the government. With the negative publicity and public dissent with regard to the violent handling of the standoff, magnified by the aggressive stand of the supporters of Kiram III, the government is seriously considering bringing the problem to International Arbitration to solve the issue. The government nevertheless, is wary about the effect of its plans to bring the issue to arbitration, as it is keen on doing a preliminary study on the strength of the Philippines’ claim over Sabah. Do the Filipino people have a substantial claim over Sabah? If yes, who must raise the claim of territorial ownership and sovereignty? Is it the Sultanate of Sulu or the Philippine government? For these relevant questions to bze answered, swift and decisive actions must be made. The government must act now and lessen its passive stance if it wants to attain clear-cut and feasible solutions to the island dispute that is plaguing, not just the domestic front, but also the international scene.
MARCH 2013
11
The West Philippine Sea Dispute In the first week of February, China reinforced its incursions into the West Philippine Sea by sending three naval ships: a missile destroyer and two missile frigates. But, because the Philippines can never match China’s might, the Philippines finally filed with the United Nations a request for arbitration under the United Nations Convention on the Law of the Sea or UNCLOS. The vast majority of Filipinos are baffled: Is an international arbitration the best option for us in asserting our rights? Senior Associate Justice of the Supreme Court Antonio T. Carpio believes so. He agrees with President Benigno Aquino III that an arbitration under the UNCLOS is the only option left for the country. In a speech he delivered during the launch of the website and e-copies of the Philippine Law Journal at the UP College of Law, Justice Carpio said that the Philippines’ Statement of Claim was well-crafted as it skillfully avoided territorial and land sovereignty issues, as well as maritime issues which China has made reservations against under the Convention. Yet, he said, the Philippine statement put at issue the major source of the South China Sea dispute - the validity of China’s 9-dash line claim over almost 90% of the South China Sea. The nation’s Statement of Claim says that in 2012 China seized six small rocks, barely 3 meters above water at high tide, in Scarborough Shoal. It will be recalled, Justice Carpio said, that in November 2012 the Chinese ViceForeign Minister informed our Foreign Secretary that the Chinese Coast Guard vessels would remain permanently in Scarborough Shoal. This means China has seized, taken over and occupied permanently Scarborough Shoal, which was previously under the possession and control of the Philippines. Explaining the evidence to prove that the Philippines had prior possession and control of Scarborough Shoal, Justice Carpio cited that in the ‘60s and ‘70s U.S. and Philippine air force planes dropped bombs on Scarborough Shoal for target practice. Before the target exercises with the US was done, a worldwide Notice to Mariners, thru the usual international maritime channels, were issued for them to stay clear of the area. The Philippines and the US dropped the bombs without any protest from China or any other country, he said. There could be no better proof of possession and control of a territory than dropping bombs on it for target practice, Justice Carpio said.
The second option, he said, is to request action or assistance from the U.N. Security Council and our ASEAN partners. This is not an option for the Philippines either. China is a permanent member of the U.N. Security Council, with veto power. Our ASEAN partners are divided on this issue for various reasons. There are those who, because of their proximity to China, cannot afford to antagonize it. There are those who need economic aid from China. There are those who need to trade with China, etc. Since ASEAN acts only by consensus, the Philippines obviously cannot rely on ASEAN for assistance, Carpio said. The third option is to file a diplomatic protest with China. This is not an option for the Philippines either, Carpio said. In 1995, when China seized Mischief Reef by building a fisherman’s shelter, our diplomatic protest with China fell on deaf ears. Now, 17 years later, China’s fisherman’s shelter in Mischief Reef has turned into an intimidating military fortress. Unless we do something more effective, China will just slowly swallow our reefs and shoals, whether submerged or not, he added. The fourth option, the only remaining one for the Philippines, Justice Carpio said, is to bring China to arbitration in an international tribunal where the playing field is level; where warships and fighter planes do not count. Yet, we all know, he said, that on territorial or land sovereignty issues, the disputant states must give their consent to the jurisdiction of the arbitral tribunal before the tribunal can act. We also know that China will never give its consent to arbitration on territorial sovereignty issues as it has reserved these. But since China ratified the United Nations Convention on the Law of the Sea it has actually agreed to compulsory arbitration on “any interpretation or application of the Convention,” Justice Carpio said. The issues of whether China’s 9-dash line claim violates the 200 Nautical Mile Exclusive Economic Zone granted to coastal states under UNCLOS, and whether China has a right to appropriate fully submerged reefs like Mischief Reef which are outside the Exclusive Economic Zone of China, and within 200 Nautical Miles of the Philippines, are issues excluded from the reservations made by China. Thus, the validity of China’s 9-dash line claim which is the basis for its expansive claim over rocks and submerged reefs that lie beyond its territorial sea is a purely maritime issue that the UNCLOS regulates.
He added that Scarborough Shoal is expressly mentioned in the Baselines Law as part of the Philippine national territory. What can the Philippines or any other country, for that matter, do when part of its national territory is seized, taken over and occupied by another country? There are four options in responding to such seizure or occupation by a foreign power, Justice Carpio said.
Securing a ruling through arbitration that will invalidate the 9-dash line claim of China will considerably narrow down the dispute to purely territorial or land sovereignty disputes over who owns the islands and rocks and their surrounding nautical mile territorial sea. We can then afford to shelve resolution of this territorial or land dispute, including who has sovereignty over Scarborough Shoal, for the next 100 or even 1000 years.
The first option is to send naval and air assets to evict the foreign occupier. This is not an option for the Philippines. Unfortunately, we do not have the military capability to evict the Chinese Coast Guard Vessels in Scarborough Shoal, Justice Carpio said.
Is this good for us? Yes, Justice Carpio said, because there can no longer be any legal dispute that the fully submerged Reed Bank, which is where the rich reserves of gas is located, belongs exclusively to the Philippines, being within 200 nautical miles from Palawan.
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THE RED CHRONICLES VOL. 6 NO. 2
RP-Malaysia Dispute over Sabah BY
U
AMBASSADOR ROLANDO S. GREGORIO
nder international law, the Philippine claim to Sabah stand on solid grounds. Sabah (73,711 sq.km.) is roughly as big as Ireland, twice that of Switzerland, as big as Luzon or Mindanao, several times bigger than Brunei and Singapore combined.
As a backgrounder, the most authoritative account of the claim was made by former Senator Jovito Salonga, a legal luminary in international law. His Point-by-Point Rebuttal in the Sumulong-Salonga debate in the Senate in the 60’s is the main source of this article.
Premises considered, the Philippine Government as the “parens patriae” or guardian of the rights of all Filipinos is duty bound to help the sultanate of Sulu in its quest for justice over Sabah. The International Court of Justice is the most appropriate venue to pursue the claim. The sultanate, not having an international personality, cannot pursue its case in the said tribunal on its own as only States maybe parties in cases before the said Court. The Philippine Government, needless to say, should pursue it for the sultanate and the national interest.. Senator Salonga’s Point-byPoint Rebuttal on the validity of the Philippine claim:
Sabah was ceded by the Sultan of Brunei to the Sultan of Sulu in 1704 who was persuaded in 1878 by an Austrian adventurer, Baron de Overbeck, to lease to him Sabah for Malayan $5,000 (US$1,600). In a matter of a year or so, he sold all his rights to the lease to an English merchant, Alfred Dent. Later on, Dent established a provisional merchant association which became the British North Borneo Company. This so-called Company, a private one composed of merchant-stockholders, assumed all the rights and obligations of the original 1878 lease.
1. “Overbeck and Dent, not being sovereign entities nor representing sovereign entities, could not and did not acquire dominion and sovereignty over North Borneo;
Of note, British Crown-chartered trading companies preceded private trading companies. The demise of the former was attributed not only to the then changing trends in world trade but to corruption, inefficiency and bankruptcy as well. Hence, and among other things, when the Company was awarded a Royal Charter in 1881, the Spanish and Dutch Governments lodged protests.
3. The rights of the British North Borneo Company were those as indicated in the basic contract, namely that of a lessee and a mere delegate; and
According to Senator Salonga, in response to said protests, the British Government clarified its position and stated in unmistakable language that “sovereignty remains with the Sultan of Sulu” and that the Company was merely an “administering authority.” This assurance went unperturbed until decades later, when the Philippines was granted its independence by the U.S. on July 4, 1946, in a matter of six days, or on July 10, 1946, the British Crown unilaterally asserted its full sovereign rights commencing on that day over North Borneo on the basis of the alleged sale to it by the British North Borneo Company. Perhaps, this unwarranted and baseless action was a carryover of British arrogance due to its imperial supremacy over Asia in the 19th century. Moreover, the element of surprise and timing could be viewed as deliberate to prevent immediate reaction from the Philippines whose attention was then on how to stand on its feet as a newborn nation. The British rightfully expected as well that the U.S as a close ally and departing colonizer will ignore the matter, which it did. Malaysia, a former British colony and now a part of the British Commonwealth, was a collateral beneficiary of this British unilateral action. Conversely, it was prejudicial to the sultanate of Sulu and Philippine interest.
2. On the basis of authoritative British and Spanish documents, the British North Borneo Company, a private trading concern to whom Dent transferred his rights, did not and could not acquire dominion and sovereignty over North Borneo;
4. In accordance with established precedents in International Law, the assertion of sovereign rights by the British Crown in 1946, in complete disregard of the contract of 1878 and their solemn commitments, did not and cannot produce legal results x x x.” May it be pointed out that on the basis of “equitable principles” now considered and applied by the International Court of Justice in adjudicating cases, no one in his right mind more so a nation, would sell or part with a vast tract of land such as Sabah for a nominal and unconscionably low consideration. To illustrate, all payments to the sultanate put together would hardly buy a floor or two in the Petronas Tower of Kuala Lumpur. As fellow Malays and in the spirit of ASEAN, “One Vision, One Identity, One Community,” it will serve regional peace, harmony, and unity if both parties, peace-loving ASEAN and U.N. members, agree to settle the claim before the International Court of Justice without reservation. Malaysia, hopefully, would oblige. Finally, the “dormant” claim needs immediate activation, for it is but fitting and proper that the Philippines secure its sovereignty and the integrity of its national territory at all times. (Art. II, Section 3, present Constitution)
MARCH 2013
Certainly, with due regard to the cause of peace.
13
(This is a manuscript submission for a compilation book project of surviving delegates to the 1971 Philippine Constitutional Convention, printed in The Red Chronicles with the permission of the author, a faculty member of San Beda College Alabang- School of Law)
the pretext that the wife will not like it. So it was thrown on the lap of the lone unmarried member. That was me. I reluctantly agreed, not fully realizing the many consequences of such chairmanship.
Arriving home late in the night sometime in 1969 after post-graduate law studies in Madrid, Spain, I broached to my father, “Para ho akong tinatawag ng bayan. Gusto ko hong kumandidato sa Constitutional Convention.” His immediate retort was, “Tawag lang ng tanghalan yan. Matulog ka na.”
As a counter-measure, I rushed the meetings on the divorce resolutions, submitted the subcommittee report to the mother committee, which was put to a vote, but expectedly lost. Divorce has no place in the Constitution, was the verdict of the majority. In short, divorce was “killed” at the committee level. Forty years after the Con-Con, the Philippines remains as the only country in the world that is steadfast in its resolve not to have it in the legal system. I also remember I campaigned on a platform of People’s Power at a time when the catch-phrase was still unknown. It was good that I saved a copy of my campaign leaflet to prove my early call to people’s power via constitutional provision. Listed are: referendum, recall, free access to information, among others. To date, those procedures, while already incorporated, leave much to be desired in regard to implementation.
BY AMBASSADOR AMADO TOLENTINO
I
have to confess I was “starstruck” in the beginning while in the company of my Con-Con colleagues—former Presidents, Senators, Congressmen, Justices, Ambassadors, UP bigwigs (while I as an undergrad), fiery leaders, indigenous peoples’ representatives, topnotch professionals, business elites and celebrities I only saw and read about in newspapers. Gradually, I eased to the situation and became on first-name basis with everyone except the former Presidents and the very senior or elderly Delegates. I settled down to the task that, I, alone, sought and determined to do. With the Manila Hotel office room assignment with Ding Q (I became Ding T) set in order, we embarked on the choice of committees for membership, which we were forewarned, will also be by lottery. Guided by the thought of not competing along prime topics like executive or legislative power, citizenship, natural resources, etc., I smoothly got my preferred Youth (where I was a sponsor), National Territory, and Education Committees. My membership in the Committee on General Provisions was an add-on, but turned out very informative and fortuitous. While the matter of reduction of voting age from 21 to 18 was the first issue tackled in the plenary, my concerns—national territory and youth committee reports, were the next two pursued earnestly by the Convention. The Committee on National Territory report received public notice because of the phrase, “by historic right or legal title”, the intent of which is to prevent 14
forfeiture of our historic right or legal claims over some territories by their omission from the constitutional definition. We were only eight in the committee and I was assigned the “historic right” portion referring to the Marianas Islands and Guam, which were integral parts of Las Islas Filipinas. Historians believe that when General Aguinaldo’s revolutionary forces defeated the Spanish colonizers, Spain lost sovereignty not only over the Philippine archipelago, but also over the Marianas and Guam. After delivering my sponsorship speech, I was besieged by the media with klieg lights on for interviews because of the novelty of what I divulged based on much research and scrutiny. Questions centered on the strategic location of Marianas Islands and Guam for defense purposes (it was “cold war” at that time). I was on TV newscast that night and in the front page of national dailies the following day. I was baffled and bewildered at the attention after my maiden speech. I even received a card from the German Bishop of Mindoro saying, “Our dear, young people... need the beautiful example of their ‘Superstar’”. I felt humbled. I never, in my dreams, ever thought of having a chance to “momentarily dazzle” anyone, even in a little way. It was just work about which I did the utmost. Coming from the saintly Bishop, I really felt extremely humbled. Association with the Committee on National Territory was a great learning experience. That was where I listened, mesmerized at the revelations of the regal and intellectual Princess Tarhata Kiram in support of our legal claim over Sabah. That THE RED CHRONICLES VOL. 6 NO. 2
was also where I came to feel firsthand the international law concept of acquisition of jurisdiction over a territory by discovery when Philippine Maritime Institute’s Atty. Tomas Cloma (Manila press dubbed him, “Admiral) spoke before us in executive session about his discovery of part of the Spratlys which he called Freedomland (now Kalayaan). I still have the flag of Freedomland which he distributed to Committee members as souvenirs. Best of all, my decision to join the wonderful world of diplomatic service sometime later in my journey through life could only have flowed from my frequent talks with Chairman Delegate Quintero and Committee Observer Ambassador Arreglado. An add-on to my committees was the Committee on General Provisions, also referred to by some as the “miscellaneous” or the “dumping ground” committee. Resolutions which cannot be accommodated in well-defined or delineated committees were assigned to this. Among such resolutions were those on arts and culture, science and technology, sports, population and divorce. The latter gave me a bit of “notoriety”. Some Delegates, aware of the many unsuccessful attempts in the past to legalize divorce in the Philippines, thought of a constitutional provision as a last resort. Considering the number of resolutions filed to legalize divorce, the Committee on General Provisions decided to create a special subcommittee to handle the divorce proposals. The problem was not one among the married subcommittee members could be convinced to accept the chairmanship on
On a one-on-one with President Garcia before the Con-Con inauguration. “What would you like to drink?” “Gin and tonic ho.” He advised, “You are now a politician. You should drink something hard.” As a promdi seeking admission at the Pope Pius XII Men’s Dormitory along UN Ave., where the Manila Hotel, the chosen venue for the historic Charter Change, stood nearby, the kind Director Fr. Quaranta asked, “But you are a Con-Con delegate. Are you sure you want to stay with us?”
And reflecting on my experiences on the day-to-day happenings at the Con-Con, I would like to share the following points: 1. The mandate for a constitutional convention or constituent assembly should clearly state whether the task is to completely change the Constitution or to amend only identified provisions; (2) The length of time for the task should be clearly stated; 2. Topics like referendum, recall, initiative and the prohibition on political dynasties should be spelled out to guide and ensure effective implementation instead of leaving details to “as may be provided by law.”; 3. “Historic right or legal title” should be revived in the article on National Territory to avoid being asked, “If Sabah is really yours, why is it that there is not even a reference to it in the 1987 Constitution?”; 4. Learning from experience during CJ Corona’s impeachment trial, a lengthier provision about the impeachment process, Philippine-style, must be made. Of all the Invocations delivered daily in the halls of the Convention, my favorite is the one by Delegate Tingson on, “nothing is politically right that is morally wrong”, or something to that effect. That theme firmed up my resolve about decision voting. Thenceforth, the aspect of representation I kept gave me much peace because each vote on every issue was actually a conscience vote. When my constituents brought me to the forum, it is my conscience that I should follow as it is impossible to accommodate their wishes on any issue with my one vote. That is the essence of representation and I live by that vote. Needless to say, while an elective post carries with it all kinds of honor and prestige, it carries with it an enormous responsibility. I was 28 during the inaugural of the Con-Con and 30 when it finally adjourned. Outward, I looked 30. But inward, I aged by 20 years. I felt 50 when it ended. The Con-Con, along with some “come and go” personal experiences, had a tremendous effect on me. It hastened my maturation. I felt very mature in outlook and in making decisions, unlike before. It was a fleeting moment in politics. I enjoyed it and learned a lot by it, but it’s not the only thing I wanted to do. I wanted to go out and grow in other areas. Very important for me, though, are the friendships that blossomed and developed out of my short stint as an elected public official. I could sum it up by saying that my Con-Con colleagues had become my BFFs (best friends forever). On the lighter side, what is the similarity between work at the Con-Con and foreign service? One ends up with lots of photographs and indelible memories!
After an introduction to Gemma Cruz Araneta at one of the receptions for Delegates and spouses, I commented, “She’s too beautiful to be true!” Tonypet proudly remarked, “You should have seen her a few years back.”
After the Constitutional Convention, Delegate Tolentino pioneered in the field of Environmental Law and is oftentimes introduced as the “Father of Philippine Environmental Law”. Armed with good and generous grants, he undertook further law studies in the US and gained acceptance as a member of the New York Bar. Thereafter, President Corazon Aquino appointed him as the first Director of the Environmental Management Bureau (DENR). He also served as Coordinator, ASEAN Experts Group on the Environment, Vice-Chair (Asia), Commission on Environmental Law, IUCN (World Conservation Union) and Environmental Law Consultant to the United Nations Environment Programme (UNEP) in Nairobi, Kenya. His membership in the Committee on National Territory inspired and propelled him to join the diplomatic corps serving as Philippine Ambassador to Papua New Guinea and Qatar during the terms of Presidents Ramos, Estrada and Macapagal-Arroyo. Currently, he is the Executive Governor (for developing countries) of the International Council of Environmental Law, public interest organization based in Bonn, Germany. He possesses a consultative status at the UN and continues with his legal writing and lectures on international environmental law. For several years, he travelled far and wide. He presently makes his home in Alabang, Muntinlupa with his wife and daughter and commutes regularly to his favoured Mindoro.
MARCH 2013
15
The Year-End
Benchmark:
A members.
Visibility during school activities/ student projects Approachability Efficiency/Effectiveness Transparency in the execution of their own duties Over-‐all Performance
nother school year is about to end. Before the close of AY 2012-2013, The Red Chronicles (TRC) would like to provide the student body an assessment of the performance of the School of Law Government (SLG) and each one of its
For this purpose, TRC conducted a survey for the student body and personal interviews with each SLG officer. 180 students out of 700 students participated in the random survey. 50 respondents were gathered from each year level, except the fourth year where 30 students answered the survey. The performance of each SLG officer was graded from a scale of 1 to 5, the latter being the highest and the former the lowest rating that can be given. They were graded based on their Visibility in school activities, Approachability, Efficiency and Effectiveness in their position, Transparency in the execution of their own duties, and on their Over-all performance. During the elections, promises were given, and platforms were presented. As to the delivery and execution of each SLG officer, we leave it up to the students to decide if it was all talk or there was action. IAN ZANDER BASCONCILLO PRESIDENT After fulfilling his duties as second year level representative, Mr. Basconsillo originally wanted to run for the position of Internal Vice President for the sole reason that he had a lot of projects in mind and that it was the perfect position for him to be able to achieve such. Although, he changed his mind when his close friends convinced him to run for President wherein his main focus or platform was to create a STUDENTCENTERED student council with a vision to integrate each and every student into the student council. During his term as President, he was able to create an auxiliary branch of the student council known as the VOLCORPS. Furthermore, he is one of the officers who helped spearhead the following programs such as the new enrollment scheme called ESCAPE, Tuition Maximization Campaign, Bayanihan Relief Operations among others. He considers the brainstorming and planning stage, as well as putting the SLG’s own imprint into each program or activity as the challenging parts of being a student leader. He mentioned that he was able to resolve these obstacles by consulting his fellow student leaders and students for ideas and inputs since he encourages student participation and integration. As the outgoing SLG President, he believes that every student leader should put the students first. 16
President Ian Basconcillo
EVP Mia Lapus
IVP Ponch Orioste
Sec Gen Carlos Romulo
Treasurer Kayce Clareza
3rd Year Batch Rep. Miguel Rigor
2nd Year Batch Rep. Charles Baculi
4.21
3.68
3.39
4.02
3.64
4.04
4.11
3.97
3.5
3.12
3.9
3.53
3.85
4.0
4.37
4.08
4.14
3.53
3.66
3.59
3.3
3.18
3.26
4.18
3.91
3.96
3.68
3.59
3.65
4.1
3.87
3.91
4.37
4.03
4.14
MIA LAPUS EXTERNAL VICE PRESIDENT When Ms. Lapus ran for elective office, she presented three platforms: Continuity, Opportunity, and Support. She was able to accomplish her first platform by being elected as the first Filipino and First female President of the Asian Law Students Association. Through her position, she was able to “strengthen the established linkages of the School of Law with various local and international organizations, which include the Association of Law Students of the Philippines and the Asian Law Students Association.” Her second platform focused on internship opportunities for the student body wherein she provided the groundwork for its execution for the coming school year. In line with her third platform, she supported the “varsities and organizations representing SBCA in outside events.” One of the difficulties she encountered is the huge amount of time that she had to spend outside the classroom so that she can attend functions on behalf of the school. When asked how she was able to balance her studies, she said that she still manages to study and read law books. When she travels for a convention, she would bring books with her so that she can study her lessons. As to her relationship with her fellow officers, she commented that, “Whatever challenges we face, we work on it as a team. When you are in the SLG, difficulties will always crop up.” She further remarked that she accomplished all her platforms except the Red Card. When asked to rate her accomplishment in this particular task, she said, “I will classify it as 80% accomplished. What is lacking is marketing it and getting the word out.” PONCH ORIOSTE INTERNAL VICE PRESIDENT Mr. Orioste’s vision when he decided to run for IVP is, “to have a student-oriented and improved student council.” Hence, it is on this vision that he based his platforms. While campaigning, he shared to the student body the iPonch 4S: Simplified System (better enrollment and grievance system), Sensible Symposia, Sulit Services (in terms of maximizing student funds), and Student Power (letting the students be more involved in school activities). He admitted that it was not was easy balancing his studies and SLG work. However, he was able to address that obstacle by employing better time management in his daily activities. He further mentioned that it was difficult dealing with the student body’s expectations. Also, he experienced “some difficulties coordinating with his co-officers as sometimes, it is inevitable to have miscommunication with regard to the tasks assigned to
THE RED CHRONICLES VOL. 6 NO. 2
each respective officer.” Although, he added that they all had constant communication throughout the school year and that they were able to work with one another despite some minor glitches along the way. As a united SLG, he said that they were able to accomplish a lot during their term. He singled out the improvement of the enrollment system. In addition, instead of holding a symposia, they spearheaded the “1st Inter-Departmental Quiz Bee (Vincere Est Totum: To Win is Everything) during the Ruby Celebration.” They “also initiated the Pahiram Payong Services to students, and improved the annual activities such as the Back to School Party, Organization Recruitment Week and Food fest, Send-Off Celebration, Lex Celebracionis, and the recently concluded Paint the Town Red Fun Run.” Lastly, he proudly mentioned that the new organization, VOLCORPS, has been tapped by the SLG to help in the various school activities while “creating tie-up projects with other student organizations.” CARLOS ROMULO SECRETARY GENERAL When Mr. Romulo was campaigning for the position of Secretary General, he presented the following platforms: Efficient information dissemination, Transparency of SLG Minutes, and Supplements. In order to bring to reality to his platforms, he “utilized various means of communication in order to circulate school announcements for it reach as many students as possible in a systematic manner.” To further deliver on his promise, he will be “releasing the minutes of SC meetings and make it available for everybody.” He added that he was able to achieve his third platform by extending help in the tasks of his co-officers. He also co-headed SLG projects and activities such as the Bayanihan Relief Operations, Lex Celebracionis 2012, and the Paint the Town Red Fun Run among others. When asked how he was able to balance being a student and a servant leader, he replied that, “Being an officer and a student at the same time has never been an issue. You will accomplish everything efficiently as long as you work hard and enjoy what you do.” Lastly, he added that, “the difficulty in being a secretary is that it is from him where the execution of an activity actually begins. The theoretical aspect of a project will be futile if he fails to perform his duties. That is why I am very thankful that we have officers who are always there whenever you need assistance.” KAYCE CLAREZA TREASURER The position of Treasurer was vacated before midterms of the first semester. Through the special elections that was organized by the Elections Commission, Ms. Clareza was ushered in as the new treasurer. Her platform focused on Optimum Students’ Fund Utilization in the different programs of the SLG, and Efficient Information Dissemination and Transparency of funds. According to her, she ran for the position because she felt that there was a need to better “maximize the funds” of the student body. When asked how she was able to balance studies and work as a student leader, she admitted that it was hard, especially when there are urgent SLG matters that had to be addressed which normally took away a lot of study time. However, she emphasized that despite the daunting task of supervising the finances and helping out in the various programs of the SLG, she was able to balance both because of proper time management and setting of priorities. She has good rapport with her co-officers; hence, she did not experience any difficulty dealing with them. The only problem that she encountered was in relation to her position was when she came in, there was “no proper transition of
documents.” In addition, some of the funds for the current school year were unliquidated and receipts were lacking. She was just “thankful that funds were raised from the jackets” and that money was provided from the Student Activity Fund. In line with her platforms, she “pushed for the optimal use of funds in the various school activities.” She made sure that unnecessary expenses were avoided. Also, “proper liquidation of funds and up-to-date report on budget allocation and utilization” is provided for through TRC website so that students will be informed of their money was spent by the SLG. MIGUEL JUSTIN RIGOR 3RD YEAR BATCH REPRESENTATIVE When Mr. Rigor ran for elective office, he promised four things: Academic excellence program, Conducive learning atmosphere, Maximum school spirit program for his batch, and Body beautiful program for physical well-being. According to him, he sought help with the Academics Committee in bringing to action his academic excellence project. However, they failed to pursue it as the SLG and Academics Committee became burdened with the Bar Operations and other projects. His second platform was a success because through the efforts of the other officers, they were able to introduce the enlistment process during enrollment. When asked about his third objective, Rigor reported that his plan of organizing a batch party failed as he had a hard time finalizing the members of the 3rd year batch, as most of them are irregular students. Lastly, his body beautiful program was not successful because he and his co-officer, Mr. Romulo, encountered problems with the athletics department. Despite the fact that he did not fully carry out his platform, Mr. Rigor compensated by attending all the meetings of the SLG. According to him, this was his way of making sure that his batch is represented. Also, he actively participated in all of the school’s events. He exerted extra effort in helping the SLG carry out its projects, and went out of his way to do things that are beyond his responsibility as batch representative. CHARLES BACULI 2ND YEAR BATCH REPRESENTATIVE Running as 2nd Year Batch Representative, Mr. Baculi envisioned a united and active sophomore batch. His platform then was BBM which stands for Batch Unity, Batch Exellence, and Molding Leaders. He said that it was through personal discipline and time management that he was able to balance academics and student council duties. According to him, being a student leader is an assiduous task because students have a lot of grievances which you cannot act on all at the same time. This results to disappointments. He mentioned that you cannot really please everyone. Difficulties on being a student leader do not only come from the students, but also within the Council. However, he added that they have been each other’s saviour, because if one officer cannot do the job, the others are willing to help. Being a student leader alone is already an achievement, but effective implementation of programs and projects is what makes a good leader. Mr. Baculi is proud to say that he was able to accomplish his platforms namely: Batch Unity, where he helped encourage the batch to participate in school activities such as, the freshmen orientation, Mr. and Ms. Lex, and the Salubong. In relation to Batch Excellence, he was able to implement the distribution of review materials for each subject. As to the aspect of Molding Leaders, he responded that he was able to embolden his batchmates to take part in every school organization, which is evident because there are 2nd year students in almost all of the organizations in school.
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Photo courtesy of t.opne.ws
Cover Story
Sonia Brady stating among many others that Sen. Trillanes said to a Chinese diplomat, “In the Philippines, ‘no one cares’ about Panatag Shoal.” Perhaps Sen. Trillanes must be thinking of the expression “out of sight, out of mind” when he made such assuming statement. Then again, perhaps, there is some truth to it because reality wise, the great majority of Filipinos worry more about the most basic of things in life like earning money to have a roof over their heads, putting food on the table, paying the bills or sending their kids to school. They would rather think about those than to worry over small distant islands claimed by a big giant that is China. Amidst all these, the Filipinos should care about the Scarborough Shoal issue and should give it a much deserved attention. Under the law, the Philippines does have a rightful legal claim over it. The Philippine National Territory The Scarborough Shoal is an international name. Locally, it is known to the Filipinos as Panatag Shoal. The Chinese call it Huangyan. It is located on the western part of the Philippines off the coast of Zambales province. Based on initial studies, it is believed to be sitting on a vast deposit of oil, gas and other marine resources, hence claimed and exploited by China to the protest of the Philippines, Brunei, Malaysia, Taiwan and Vietnam. It is also a major sea lane utilized for trade and commerce, and it is home to our local fishermen.
O THE RP-CHINA TERRITORIAL DISPUTE:
Resilience Amidst the Bleak Prospect of Arbitration
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n 19 September 2012, an intriguing spectacle, much like a telenovela worthy of receiving worldwide patronage, took place in the Philippine Senate.
The once padrino Senator Juan Ponce Enrile accused his once upon a time protégé Senator Antonio Trillanes, IV of working for China on the RP-China brawl over disputed Scarborough Shoal (Panatag Shoal in the Philippines) which started early April of 2012. Sen.Trillanes tried to change the topic by calling Sen. Enrile a “lackey” of former President Gloria Macapagal-Arroyo (PGMA). He alleges that Sen. Enrile “bullied” the Senators to sign the bill that would divide Camarines Sur into two provinces to PGMA’s advantage. The exchange of harsh words became too personal and intense that Sen. Trillanes, reasoning that the session was out of order, walked out of the Senate. On that day, Sen. Enrile revealed notes dated 17 August 2012 written by Philippine Ambassador to China
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The Scarborough Shoal is well within the 200 nautical mile Exclusive Economic Zone (EEZ) provision under the United Nations Convention on the Law of the Seas (UNCLOS). The UNCLOS was made in 1982 and ratified by the Philippines in 1984 and by China in 1986. Apart from the EEZ provision, the Philippines also asserts the 12-nauticalmile-territorial sea provision under the UNCLOS. On the other hand, China bases its claim on the nine-dash-line printed on maps privately published in the Republic of China since 1949. Chinese Foreign Minister Yang Jiechi said that China had plenty of historical and jurisprudential evidence (i.e. historical maps) to back up its claims to essentially all of the sea, but Chinese officials never officially explained the meaning of the 9-dotted line. In fact, there are some scholars who said that jurisdiction over waters have nothing to do with history; instead jurisdiction should be based on the UNCLOS. Here now is a case where each country maintains its sovereignty over the disputed islets, atolls and reefs together with its surrounding waters based on international law. Each country refuses to back down to the point that they argued before an international audience to illustrate who has a better right.
Genesis of the Standoff On April 2012, the Philippine Navy caught and attempted to arrest Chinese fishermen who were illegally poaching rare maritime resources in the Scarborough Shoal. Several Chinese vessels and small fishing boats intervened which resulted in a standoff that went on for weeks until it was temporarily interrupted by typhoons. The standoff resumed only until the Philippines adopted a policy of deescalation on 15 June 2012. The Philippine vessels, together with some Chinese vessels, left Scarborough Shoal but there were a handful of Chinese ships that remained. Those who remained used force and intimidation to scare off the Filipino fisher folks who made a living in the area. China’s Ministry of Civil Affairs created a city named “Sansha” which puts under their jurisdiction Macclesfield Bank, Paracels Island and Spratlys Island. The Philippines protested this move as a violation of Philippine sovereignty. It claims that Sansha’s expansive jurisdiction contradicts the Declaration on the Conduct of Parties in Scarborough Shoal, a non-aggression accord signed by both RP and China in 2002. Further, China enforced a maritime policing law that allowed Chinese authorities to intercept, board and inspect foreign vessels to the ire of neighboring Asian countries. The Philippines and Vietnam branded the same as an aggressive enforcement of claims, or “bullying” for short. China continuously performs incursions on the disputed area, maintaining its clear-cut and consistent position of having sovereignty over the disputed islands and their adjacent waters. They went as far as printing on the Chinese e-passports the disputed portion which they call South China Sea, to which the Philippines reacted by coming out with an Administrative Order No. 29 renaming South China Sea to “West Philippine Sea” on the Philippine map. China’s bullying prompted certain concerned Philippine organizations to call on the Philippine government to send back ships in order to defend the shoal, but the Philippines maintained its deescalation policy. RP’s Pleas for Help from International Summits Prove Futile Two major international summits and some minor meetings between RP and China have come and passed without coming close to any resolution on the issue over the disputed Scarborough Shoal. The Association of South East Asian Nations (ASEAN) Summit was hosted by Cambodia in the middle part of July 2012. Subsequently, the Asia Pacific Economic Cooperation (APEC) Leader’s Summit was held in Vladivostok, Russia on 8-9 September 2012. During the ASEAN Summit, Cambodia’s Prime Minister Hun Sen, a known ally of China, emphasized the need to
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waters, to stop China from preventing Philippine vessels from exploring and exploiting the resources within, and to bar Chinese constructions over the said islands and seas. The filing of the arbitration case against China was met with approval by several diplomats. The Philippines also sought the support of international organizations such as the International Maritime Organizations and the International Tribunal for the Law of the Seas. Chinese Ambassador to the Philippines Ma Keguing was summoned by the Department of Foreign Affairs on 22 January 2013. The DFA gave her a copy of the Notification and Statement of Claims with further instruction to hand the same to the Chinese government. However, on 19 February 2013, China replied by rejecting the Notification and Statement of Claims. It returned the same back to the Philippines.
Photo courtesy of midfield.wordpress.com
BLEAK INTERNATIONAL ARBITRATION
work for a Code of Conduct in the Sea that would provide rules and guidelines. The rules and guidelines aimed to prevent maritime incidents from becoming worse and to maintain regional peace and security. Although China and the ASEAN committed to develop such Code of Conduct, the ASEAN was not united on how to approach the issue without offending China, the world’s second biggest economy and a major trade partner for many South East Asian countries. The Philippines and Vietnam proposed a draft Code of Conduct and urged the ASEAN to compel China to adopt it, but they were unsuccessful. The ASEAN Summit ended on 13 July 2012 with no traditional joint statement—a first in its 45 years of existence.
the US’ move and warned it not to get involved. Eventually, the US declared that it will remain neutral on the RP-China controversy.PNoy sent Philippine Vice-President Mar Roxas as a special envoy to meet with China’s Vice President Xi Jingping on 21 September 2012 during the ASEAN Expo in Nanning, China. Still, the Philippines failed to close the gap with China, and no substantial conclusion was drawn. On a brighter note, however, it opened doors in establishing a direct link to VP Xi Jingping, China’s next leader who is expected to take over come 2014.
The Philippines continued to search for a diplomatic solution through the APEC Leader’s Summit and even hoped that a meeting on the sideline will be arranged between Philippine President Simeon Benigno Aquino, III and Chinese President Hu Jintao. But this again, was without success. The Philippines sought assistance from the United States, its known ally. US Secretary of State Hillary Clinton tried to ease the rising tension in the disputed waters by talking to China’s President Hu Jintao and calling for a multilateral solution and the adoption of a Code of Conduct. China doubted
After exhausting all possible diplomatic avenues to peacefully settle the maritime dispute with China, the Philippines was constrained to file an arbitration case against China under Annex VII of UNCLOS. The Philippines made it clear that it did not want the UN to declare who owns what or to delimit maritime boundaries; the Philippines wants the UN to declare its right to the EEZ and continental shelf under the UNCLOS. The Philippines also wants the UN to declare the nine-dash line as invalid and illegal, to stop Chinese incursions and unlawful activities in the disputed
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The Current Status
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It is a settled rule that no arbitration will proceed unless both parties agree to it, but there are some diplomats who opined it may proceed even without China. Should arbitration between RP and China push through, it will be held overseas and the venue will be decided on by the parties. A five-member arbitration panel will be formed, and the adversarial party will nominate its representative to the said panel. The Philippines appointed Judge Rudiger Wolfrum, a German international law expert, to the arbitration panel. It also appointed as the Philippine’s counsel, Solicitor General Francis Jardeleza. UN Secretary General Ban Kimoon said that it will provide technical and professional assistance to RP and China, but the issues between them must be resolved primarily by the parties themselves. Mr.Chen Shaofeng, a Chinese international law expert from the Beijing University, thinks that the Philippines’ move will go nowhere and that the Philippines just wants to internationalize the issue. He said that it is not like China to agree or to accept a tribunal that it does not recognize. For him, arbitration remains a bleak prospect because even if the arbitrators rule in favor of the Philippines, China has the option of rejecting the international ruling. Separate the issues from the positions taken The Chinese government’s position on the RP-China dispute has always been coherently steady: China has indisputable sovereignty over the alleged waters and that the claimants should settle their claims individually through bilateral negotiations. China believes that arbitration would only complicate the dispute; hence, its rejection of the Notification and Statement of Claims sent by the RP government. On the other hand, the Philippines also maintains its indubitable legal claim over the said territory.
Although initially, the Philippines showed no strong independent position on the territorial dispute, the filing of the arbitration case before the UN showed its resolute interest over Scarborough Shoal. The RP-China’s chance of being settled thru arbitration may be unpromising, but the chance of ever resolving the main issue is not impossible. The Philippines should just maintain its firm political stand on this issue through international avenues such as multilateral frameworks under international law, as well as thru local legislations. Whether bleak or promising, the Philippines should continue its international case against China if only to resolve the real issue on the interpretation of the provisions under the UNCLOS and let other countries acknowledge the same. This should be the main focus of RP and China, and they must not muddle their relation on other aspects. Both the Philippines and China made it clear that they desire to end the dispute and both agreed to develop a common Code of Conduct to guide them through the process. It is now just a matter of putting their words into action and showing how sincerely committed they are in doing so. It is high time China does what it actually says. Since the Philippines had already filed the arbitration case, China should accept the challenge. DFA Undersecretary Laura Del Rosario said that resolving the RP-China dispute would take years. Both parties must look at a modus vivendi, or a way to live together, to maintain equanimity, and to not let political issues get in the way of economic issues. Even Malacanang Press Officer Abigail Valte said that our relation with China is multifaceted, hence we should not just focus on the West Philippine Sea issue. With the current status of the Philippines, now facing a standoff with Malaysia, we cannot afford to take on enemies. Instead we should play our cards right, avoid war, gather allies, and encourage more trade relations with neighboring countries. This game of territories will no doubt drag long despite diplomatic efforts and declaration on a Common Code of Conduct from both sides. Despite the political will of the Aquino Administration, this is a struggle that will not only affect the territorial right of the Philippines but also its socioeconomic and political status. Indeed, the bilateral relations between a developing country and a “super-power-to-be” are undeniably strained—shrouded in an elaborate diplomatic power play on both countries. Now more than ever, the Philippines, in order to remain resolute, needs the support of its allies and neighboring South East Asian nations. It will only be through the collective effort of these “Friendly Nations” that will compel China to be forthcoming. Until then, the Philippines must keep resilient and unwavering throughout this David and Goliath power play.
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Photo courtesy of t.opne.ws
“Philo [elephant] was 15 years old, just halfway to contending for breeding rights. His face and tusks are gone. David [journalist] determines that he was struck over there, ran bleeding 200 meters to here, [and] then collapsed. Several shots to the head finished him. One wound is still bubbling crimson blood.” The narration is a microcosm of the unmeasured cruelty brought about by the illegal trade worldwide. Statistics reveal that most of the poaching is illegally conducted in Africa where two African elephant species (Loxodonta africana and Loxodonta cyclotis) are involved. The said species currently have a population of around 450,000—a far cry from the estimated 1.8 million that were in existence during the 1970s. To be more specific, Africa has lost, perhaps, 90 percent of its elephants in the last half-century. For a fact, Sierra Leone’s elephant population was completely wiped out in 2009. In the Democratic Republic of Congo, the population of elephants have greatly decreased by 90 percent. In Gabon, roughly 11,000 were killed only in the last decade, which amounts to nearly 80 percent of its elephants. Poaching is also intensifying as of late in Chad, Cameroon, Kenya and Tanzania. Due to this, African elephants are already classified as “vulnerable” to extinction by the International Union for Conservation of Nature and Natural Resources (IUCN) Red List of Threatened Species. A Vice In view of the foregoing, several countries in Asia have been branded as the melting pot of all the brutally killed elephants in Africa. Through smuggling, tons and thousands of tusks are illegally imported to some Asian countries. Presently, one kilogram of ivory is worth between $1,000 and $1,500 in the Asian market, and each elephant tusk can weigh 10 to 15 kilograms. Ergo, the tusks of one elephant can be worth around $40,000 once it is carved for various purposes. China, Thailand, and Japan are three of the countries in Asia where the illegal trade of ivory thrives. The number of ivory products for sale in markets and stalls in these countries has drastically increased, in the same way as the elephant deaths have amplified. Things carved from these ivory tusks range from fixtures, accessories, chopsticks, and even religious figures and ornaments.
T
here is bloodshed in your ivory.
SLAUGHTERED AND BASTARDIZED:
Emancipating
Elephants
from the Endangering Ivory Trade BY ANGELO MURILLO
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There is corruption, poverty, and defiance of international laws in it as well.
The world is now a witness to a tragedy that has blown to global proportions. All for the sake of satisfying mankind’s hunger for profit, countless elephants are being butchered down to this very second. The slaughtered bulk of the beast is usually ignored, with poachers’ eyes fixed only at its tusks as the main source of ivory. In a matter of years, it will not be a surprise if this species of innocent creatures, known to every man alive, would be reduced to extinction– with mere carved objects as legacy of what’s left of them in the future. A Tragedy A narrative regarding the tragedy has been told in a column by Carl Safina in the New York Times.
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Even the Philippines is not spared. An investigative report released by Brian Christy of National Geographic last year reveals how ivory trade is being facilitated in the country. Monsignor Cristobal Garcia, one of the best known ivory collectors in the Philippines, has admitted the scheme of illegal trade in the country. Garcia is “the leader of a group of prominent Sto. Niño collectors who display their icons during the Feast of the Sto. Niño in some of the province’s best shopping malls and hotels,” the report said. “His anteroom is a mini-museum dominated by large, glassencased religious figures whose heads and hands are made of ivory,” Christy reveals. “There is an ivory Our Lady of the Rosary holding an ivory Jesus in one, a near-life-size ivory Mother of the Good Shepherd seated beside an ivory Jesus in another,” To this issue, Catholic Bishops’ Conference of the Philippines (CBCP) said that the Catholic Church does not tolerate ivory smuggling, despite the fact that it was a main ornament used for liturgical worship in the past. In his statement, CBCP President Cebu Archbishop Jose Palma stressed that, “while ivory artifacts crafted long before the ban were considered the cultural heritage of the Church, it was not encouraging the use of ivory for new implements. The Church supports the ban on ivory as it is consistent with her doctrine on stewardship of creation”.
Furthermore, Christy has also cited the ways perpetrated by Asian, including Filipino, ivory traders in order to facilitate the said smuggling. “Wrap it in old, stinky underwear and pour ketchup on it,” states Christy in his report. “If I wanted to smuggle an icon that was too large to hide in my suitcase, I might get a certificate declaring my image to be antique, or I could get a carver to issue a paper declaring it to be imitation or alter the carving date to before the ivory ban. One offered to paint my ivory with removable brown watercolor to resemble wood; another to make identical handpainted statuettes out of resin.. If I was caught, I was told to lie and say ‘resin’ to US Customs.” On the other hand, findings from TRAFFIC International – wildlife trade monitoring network – reveal that in the past month alone, a 2,575-kilogram shipment of 727 pieces of ivory was discovered in a shipping container en route to Asia. A Defiance The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement between governments which aims to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The abovementioned Asian countries, and some of the African countries mentioned, are all signatories to the convention– making the current trend of illegal trade a defiance of international law. More so, CITES is the body responsible for regulating ivory trading. When the decline in elephant numbers started in the 1980s due to the illegal trade, CITES established a legal ivory quota system. Other initiatives have also been exerted by international bodies such as CITES to downplay the illegal trade of ivory, but the perpetrators are firm in their defiance. Unfortunately, the initiated system had no restraining effect, serving only to further facilitate easy laundering. As of late, CITES and several countries worldwide have been exhausting efforts to re-institute a clear and unequivocal ban on ivory trading, and henceforth, to save what is left of the elephant species. And until such is instituted, the local governments of numerous states worldwide– again, Philippines included– shall only continue to ignore the strict and rigid enforcement of these international conventions. ––––––––––––––––––––––––– The illegal trade of ivory is not merely about elephants. As if adding insult to injury, it is also about poverty, corruption, and the inefficacy of international laws and its local enforcement. Historically, an exquisitely carved ivory serves as an affirmation of personal wealth and, to some extent, religiosity. Circumstances have, unfortunately, changed. The tendency to reflect death and carnage of wildlife cannot anymore be denied. In this era of inequality and greed, ivories have become badges of violence. The struggle of the elephants has long been a testament of disaster. It has been a testament of vice, a testament of defiance. But above all, now is the perfect time to look at it as a testament that calls for collective action and immediate solution from mankind. The consequences can be unforgiving. For indeed, there is more to ivory than bloodshed.
Sources: National Geographic Official Website; CITES; The New York Times; Animal Rights Action; BBC News World; Scientific American Blog; TRAFFIC International; The Philippine Daily Inquirer MARCH 2013 23
The Muffled Screams
Against Human Trafficking BY MAGIC MOVIDO
“Sana nga magkaroon na ng pagbabago ang ating Bansa lalo na sa Judicial System, at naniniwala ako sa kakayahan ng ating Pres. Benigno Aquino na lahat ng mga pagsisikap niya ay magkakaroon ng katuparan. Kaya nman sana tyong mga Pilipino ay magkaisa sa Daang Matuwid.” – OneBolleke, an online commenter While gossip websites and YouTube videos drown in flattering, violent and interesting reactions, the abovementioned quote is the lone comment on a news article on human trafficking. The article, “The PH out of US blacklist,” was published and reproduced online by the Manila Bulletin in 2011. In the article, the US recognizes the Philippines’ efforts in curbing the crime. Trafficked Filipinos, including children and even skilled workers like engineers and nurses, run in millions yearly. And we get a single comment to egg the citizenry to push forward and share the same indignation over this issue. The Trafficking in Persons Protocol of the United Nations (UN TIP) created to combat human trafficking with 117 signatories, essentially defines “human trafficking” as “the recruitment... and transportation of persons by means of threat or force to achieve the consent of a person having control over another person, for the purpose of exploitation.” It is treating humans as mere commodities or to an extent, cargoes, that they get literally shipped inside container vans from one country to another. Recently, the United Nations Office on Drugs and Crime (UNODC) has released its 2012 Global Report on Trafficking in Persons and concluded that this crime is truly a global phenomenon. Between 2007 and 2010, victims from at least 136 countries were tracked in 118 countries around the globe, treated like pets being strayed from their homes. Joy Ngozi Ezeilo, UN’s special rapporteur on Trafficking in Persons, was in Manila in November 2012 for a five-day factfinding mission. She almost lambasted the Philippines for remaining to be a “source country” of trafficked persons, and said that this problem shows no signs of declining despite high-profile government efforts. “Crushing poverty” and
“poor law enforcement” translate to an unperturbed practice of this “global enterprise,” as one organization calls human trafficking.
BY STEPHANIE VALENTINE Q. DANDAL
It seems that the Philippines is up against a wall. The InterAgency Council against Trafficking (IACAT), chaired by San Beda Law alumnae now Justice Secretary Leila De Lima, reported that last year, one hundred human traffickers were convicted, that included government officials. This puts to question the government’s sincerity in policing the crime of human trafficking. The very people who can wield power to bring this crime down are, themselves, taking a slice of the rotting pie. Just this February, President Aquino signed into law The Expanded Anti-Trafficking in Persons Act of 2012 or Republic Act No. 10364. With this, even attempted trafficking is now criminalized in the new law. And “slavery” is given its horrid meaning in the new law thus— “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised”. The words Onebolleke used in his comment are actually bland and too generic. Had there been more comments posted, his would have easily escaped notice. But stringed together, the simple words create a sadness that is just moving. He seems dubious, like tired of broken promises, but his hope prevails. More than that, the urge to Filipinos—to unite in taking the ‘daang matuwid,’ despite being delivered in an undertone, just sounded valiant deserving of respect for its sheer boldness. Indeed, the journey to greatness starts by taking the first step. Like a lone voice in the wilderness, Onebolleke let out that humble plea for unity, unsure if the echo will reach even just one soul. The comment was made in September 2011 and a lot has transpired since then to curb this underground crime—RA 10364, being the most recent legal development. The sound waves, if there were any, took almost two years to finally make it, but it is here now. A glimmer of hope. Because this country could be damned as a nation if it muffles the voices that have been helplessly screaming, “stop human trafficking!”
Sources: 1. Mabasa, R., “PH out of US blacklist,” Manila Bulletin, http://www.mb.com.ph/node/324536/philippine#.US4HTTDPWuA; 28 June 2011; accessed on 24 February 2013 2. Human Trafficking; United Nations Office on Drugs and Crime; https://www.unodc.org/unodc/en/human-trafficking/ faqs accessed on 24 February 2013 3. Clapano, J. R., Expanded Human Trafficking Law to Bolster Phl Bid for Tier 1 status; The Philippine Star; 17 February 2013 4. Tandon, S., Philippines off US Trafficking Watchlist; 28 June 2011; ABS-CBN News http://www.abs-cbnnews.com/global-filipino/06/27/11/philippines-us-traffickingwatchlist; accessed on 27 February 2013
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Stalwart Senator The
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The Prodigious Child We know Senator Santiago as the quintessential career woman; but every name engraved in history has their humble beginnings. Born on the 15thof June 1945, Senator Santiago was welcomed by the Defensor family who received the respect of their peers–a typical symbol of high status in the countryside. Despite the status furnished to them, Senator Santiago mingled with children from all walks of life, fondly made her own toys from sardine cans and bottle caps and on other occasions, played in the sand with her peers. “We enjoyed the luxury of filth,” she said. At an early age, Santiago had an unquenchable appetite for reading. Unable to afford books on her own, she turned to the United States Information Service (USIS) library in Iloilo. Like any voracious reader, she once feared that “the world’s book supply would run out and I would, in my middle age, have nothing left to read.” Coupled with her love of reading was a passion for writing. Having several books published under her name, she was editor of her school papers from elementary to college while winning a medal or two in spelling and debate. Instrumental to her precocious nature was her own mother. Discipline was a key point in her rearing and it was her mother, Dimpna Palma Defensor, who instilled in her the value of filling every moment with worthy activity. As Aristotle points out, “Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but we rather have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.” Similarly, the senator developed a habit of magis, a philosophy of doing more. Her natural inclination to be the best opened more doors when she finally went to law school. She became a beacon of female excellence within the halls of the University of the Philippines, College of Law. Her legacy includes a number of firsts, namely, the first female to win the Ferdinand Marcos Gold Trophy in debate and the first editor-in-chief of UP Law’s Register. Aside from gliding through law school with ease due to her superior memory, the young Miriam also found time to pursue another passion—writing short stories for the nation’s leading weeklies. Naturally, her brilliance caught the eye of one of the most prestigious law firms in the Philippines. Atty. Alexander Sycip invited her to his home and offered her to work for him with a warning that could have put her off. But the young Miriam, although impressed by him, courteously declined the offer to work for the best in order to work for the people. The Political Siren From her humble roots in Iloilo, Senator Santiago trod a very colorful political career. Once in 1992, she ran for the presidency but lost to rival, then Secretary of National Defense, Fidel V. Ramos. Examining the alternative possibility of another female president in her person, Senator Santiago jokingly said, “If I were President, this country would be unrecognizable. MARCH 2013
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I would have decimated it, we would have had a civil war, everyone was killed or destroyed or it would now be one of the leading, emerging markets in Asia.” She was a woman of vision, a force to be reckoned with in a male-dominated game of politics. Contrary to former President Ramos’ axial economic policies, Senator Santiago, like a meticulous Greek sculptor, wanted to mold the country to be community-centered. “If I were president,” she said. “I will emphasize that: that we should think of community. We don’t think of ourselves.” Senator Santiago believed in the Welfare State, “socialism from womb to tomb.” According to her, it all starts from the government where the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. Much of these are echoed in her subsequent electoral platform as senator. As senator, she found herself oftentimes at odds with her colleagues. Such is the result for her candid statements in the Senate. This quality of hers catapulted her to the spotlight during the CJ Corona Impeachment Trial. Certainly, her fervor drew in the public more, whether to watch the sui generis (of its own kind) proceeding or to anticipate her witty one-liners and hirits. “Maglaro tayo ng kahit ano, wag lang taguan, kasi a girl like you is hard to find.” The Senator showed us a different side to her intimidating demeanor when a video of her speech in UP Law regarding the RH Bill went viral. It was a fresh side of the senator which somehow eased the tension and connected her to the tense law younglings of UP. Baptized as the “Pick-up line machine” of the senate, the senator uses these to lighten the mood before getting down to business. It is the perfect strategy to get the crowd to listen. The pick-up lines and one-liners are always a hit wherever she gives a speech. This manner of breaking the ice allows the crowd to open themselves to the political powerhouse and likewise, it makes the senator’s voice clearer to the masses. Apart from its positive effect on the crowd, it spurred a series of clothing merchandise under Team Manila for her fans. A Question of Faith Although we see her as the fervent senator spouting one-liners at every chance she has, Senator Santiago is also a mother who lost a precious son. It was the lowest point in her life; no doubt, it was worse than losing the 1992 presidential elections. On November 20, 2003 a shocking news swept across the nation when Alexander Robert Santiago, fondly called AR by family and friends, headlined the news for having committed suicide. What we saw the following days was not a senator passionately upholding the spirit of the law but a mother who grieved for a beloved son she so patiently and lovingly reared into the humble gentleman he was. In another interview, the senator summed up her feelings toward her son’s death. “Of course, it made me question my 26
faith, ‘What kind of God are you that you would do these things to innocent people,’” she said. “’You’ve got to be a very poor, incompetent God.’” The senator also confesses that to this day she still thinks of her son and will never forget about him. Such is the devotion of a mother. Like a Phoenix Rising from the Ashes From almost complete decimation, Senator Santiago composed herself and held the memory of her son deep within her heart with renewed zeal for the political arena. She ran for her second term in the Senate and won. After 2010, she again ran for the position of Senator and won once again. During this term, she made herself more visible to the public in the CJ Corona trial. Aside from turning herself into the Senate sweetheart, Senator Santiago was recently elected as a judge in the International Criminal Court. Her recent election creates an opportunity for the Philippines in the international arena. Although another first for the ubiquitous Senator, the election has met some criticisms from a certain Filipino-American community, which cited her unsoundness and whimsical sermons during the Corona trial as an illustration of her impropriety as an International Criminal Court judge. Despite detractors looming, a good number of people showed her support throughout the colorful period of political drama in the Philippines. With her election as an International Criminal Court judge, several people view this as a mechanism to secure our nation as a bastion of international law. According to Ambassador Libran M. Cabactulan, “The Philippines, a democracy that champions international law and the rule of law, views being party to the Rome Statute of the ICC as a vital part of the on-going global campaign to end impunity and violence against individuals and to further strengthen a rules-based international system, specifically in relation to international human rights law and humanitarian law.” As the Senator requested, she will finish all of her duties in the Senate before starting her post as judge-elect in the ICC. Bringing her years of experience as a judge and legal acumen with her, it makes all of us wonder how she will affect the delivery of justice in the international arena. Her presence certainly solidifies the bases for all other aspiring international lawyers that possibilities exist when we make it so.
The Ever-So
Miriam
Quotable
1. 2. 3. 4.
“Absolutely, I can read. Give me the presumption of literacy.” “Kaya hinamon ko nalang sila, suntukan nalang kami.” “I was told before, ‘ang ganda mo’, sabi ko, ‘sana ikaw rin.” “Kung natakot ang nanay mo, magsumbong a sa pulis o kaya tawagan mo ako sa Senado, sampalin ko lang yan sandali!”
F
ive women were once responsible for the achievement of personhood of women in the West when they filed a petition raising the issue of whether or not the word ‘Persons’ in Section 24 of the British North America Act, 1867 included female persons. They sought for the legal recognition of women as among those contemplated by the provision as “eligible persons” to consequently be allowed to be appointed to the Senate. The Supreme Court of Canada held in the negative but was then overturned by the Judicial Committee of the Privy Council. Such was the case of Edwards v. Canada (Attorney General), much renowned as the Persons Case, where the ‘Valiant Five’ have set the precedent in recognizing women as persons thereby entitling them to wider legislative participation. This Women’s Month feature retells the stories of fearless and daring women who instead of following the norm, chose to
challenge it by expunging the inequality of men and women in the legal public sphere. Incidentally, San Beda College Alabang- School of Law is not bereft of valiant women of the judiciary who are trailblazers in their own right. Our own version of the “Valiant Five” may collectively be credited for putting compassion in the judiciary, for demonstrating how they devote time to their work and still have the muscle to take care of their families, and for largely helping women find relevance in the public sphere. Arguably, any occupation pales in comparison to the work cut out for these women judges as they have managed to juggle law, family and the academe. But before they became the legal luminaries as we now know them, we reveal the circumstances which led them to pursue law, the raison d’être of why they teach, and their wise counsel to women aspirants in the legal field, which is just as applicable to men. These women judges, in neutral order:
The Women Judges of San Beda College Alabang School of Law BY HAYDE TALORONG
Source: Greatest Hits of Miriam Defensor-Santiago, Word of the Lourd, youtube.com
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Judge Nerina Casandra N. Anastacio-Mendinueto Metropolitan Trial Court Branch 22, Manila City
Judge Gina M. Bibat-Palamos Regional Trial Court Branch 64, Makati City The Machiavellian principle of applying fear in law school still has not lost its appeal—it has effectively prompted students to follow the dress code and to adhere to her closed-notes policy in class. To the uninitiated, Judge Palamos is widely feared, and for a good reason: because of her stern methods in class. Growing up though, it has not always been her dream to become a lawyer or a judge. But at such a young age, she has already shown signs of predilection towards the legal profession, with her active involvement in the student government and her attitude of never backing down, honed with years of arguing (in a presumably academic way) with her father. It was only after the death of her father that Judge Palamos decided to take up law, to fulfill a promise her sister made to their deceased parent during the necrological service. Although she is focused on being a drugs court judge (a highly risk-laden position for a woman judge), she also chose to teach to impart the knowledge she has acquired in law school and in practice. This is to say that Judge Palamos could give, as much as she took, by giving back to her Alma Mater through teaching. She advises aspirants to study, as “there is no substitute to studying.” This is why she does not allow books or open notes in her class to compel students to take their studying seriously. She further advises the students to remain focused because the fun will inevitably come as a reward after.
Do not be fooled by her soft, sweet voice for behind it is a woman of strong character – one who can be trusted with her words, who honors her promises and does what she says she will, such as when she promised her father that she will either become a nun or a lawyer. Such are odd alternatives to choose from, as they seemingly represented divergent paths of a fork in the road. It is clear now which career path she has taken, but despite the hostile and often aggressive field of law, she has preserved her gentle demeanor while maintaining a muted sense of strictness in her teaching method. Our mild-mannered professor started teaching in 2007 and chose to teach in San Beda College Alabang, School of Law as homage to her Alma Mater. As a woman of few words, she makes much sense with every word that she uses because really, one does not need to be told much when the secret to surviving law can be summed up in three words: “prayers, determination and hard work” as the key elements to a success story. As an addendum she says that the appointment of a woman to a judicial post is by itself an inspiration to other lady aspirants. But as with any vested power, it comes with the twin responsibility of being impartial and appreciating the case based on the merits presented and in her words, “without regard to the gender of the litigants and their respective counsels”.
And last but most importantly, she advises students to remember the Bedan upbringing: to remain humble in the face of momentary success and to imbibe the Christian doctrines we are taught of in law school.
Judge Selma Palacio Alaras
Regional Trial Court Branch 62, Makati City
More than being feared in class, she says that “fear of God is very important,” a consciousness that recognizes our dependence (where our real source of fear should be) to a higher being.
Judge Selma Alaras has always wanted to teach long before she was qualified to. Atypical of people who graduate with a degree in Philosophy with a minor in Political Science, she wanted to become a theater actress or a director, and teach. But as the eldest in the family, she felt compelled to set the bar high for her other siblings and to do so, she decided to take up law in San Beda. As teaching is in her lifeblood, she immediately started teaching after taking the Bar in 1990. Her first teaching stint was in Centro Escolar University (CEU), her high school Alma Mater just across San Beda. After passing the Bar in 1991, she then started teaching in the College of Arts & Sciences (CAS) in San Beda College- Manila, where she taught a plethora of law subjects such as Obligations and Contracts, Negotiable Instruments (which she claims to be “her love”), Partnership, Labor laws, Agency, Sales, and of course, Legal Philosophy.
Judge Wilhelmina Jorge-Wagan
She continues to teach because she considers herself an eternal student who always studies and learns from her teaching. If time would permit, she would love to write a book to add to her collection at home and probably set it against her complete set of SCRA.
Regional Trial Court Branch 111, Pasay City
Imagine what life would be if Judge Wagan pursued Engineering instead. Just as the four other women judges have envisioned themselves in other career paths, Judge Wagan balked at being a judge because she thought it was such a lonely occupation where one is not allowed to socialize with the litigants and their counsel. Initially, she also wanted to try different fields of law such as Corporate law, but Justice Romeo Callejo, Sr., who was her mentor for six years, was persistent in encouraging her to become a judge. Judge Wagan, a charismatic judge who chose to teach because of her love of teaching, is proud to have been taken by San Beda. She possesses that well-known discipline and determination to anything she tries. As a judge, professor and a mother, she has mastered the art of managing time to reconcile the demands of work and the needs of her family. To succeed in the field of law, she advises female law students to “persevere in their quest to become lawyers by putting their heart and mind to it to overcome the challenges”. The view that women are as equally capable as men was true then and it stands to reason that it is true even today. In fact, people behind our judicial system illustrate this reality. At present, we have the first woman Chief Justice of the Philippines, another woman as head of the Department of Justice and also a woman as the Ombudsman (or Ombudswoman). Save for a few provisions under the Revised Penal Code which are more favorable to men such as in the charging of a woman for Adultery (Article 333, RPC), we already have sufficient laws pertaining to women’s rights, a sentiment that all the five women judges unanimously agreed to. The comprehensive provisions of Republic Act 9262 or the Anti-Violence against Women and their Children (VAWC) Act of 2004, among many others, is one attestation to this. So in addressing gender-related issues, the answer to the problem lies not in creating more laws but, as Judge Mendinueto explains it, “in educating women about their rights under the existing laws”. Women were once deprived from participating in judicial proceedings as far back in the Roman times, where it was impossible to summon a woman to the witness stand because only Roman men were allowed to witness or to testify then. In ancient times, when a Roman gives an oath, he would also place his hand on his balls [sic] as a sign that he was telling the truth. That is why the words testify, testimony and testicle have etymologists link to have all come from the Latin word testis, for testicles. This mirrors how the legal system used to be maledominated, but because of the efforts of the Valiant Five of the past and of the present, we have increased the participation of women in the legal field, as well as recalibrated our views on THE women’s rights and justice. RED CHRONICLES VOL. 6 NO. 2
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When asked to give tips to aspirants, she gives a full range of advice from the quixotic, “dream high and don’t let anyone stop you from fulfilling your dream” to the more practical, “find persons who would support you” in case of lack of parental support. She says that it does not really matter whether a person is from UP, San Beda or Ateneo, because once a lawyer enters the courtroom, the only expectation of a judge is that he or she comes to court prepared. On a final note, she urges law students to give their best, to do what they want, and be the best in what they want, but not recklessly to a fault.
Judge Perpetua Atal-Paño
Regional Trial Court Branch 134, Makati City Having studied at St. Paul University, Judge Paño had dreamed what most girls who grew up in exclusive schools wanted to become: a nun. However, her parents had different plans for her. They wanted her to pursue medicine, so she took up a pre-med course at the University of Santo Tomas. But having been mostly exposed to the legal field because her father is a practitioner, she decided to make a decision for herself and entered law school instead. Being included in the ranks of proud Bedan lawyer/judges, she chose to teach in San Beda because the professors are aimed at teaching law with the highest Christian values without compromising excellence among the students. Quoting off a speech from Chief Justice Panganiban as espoused by Dean Feliciano Ledesma, she says that she wants to continue the mission of San Beda in producing “good Christian and highly principled lawyers.” A Bedan may be known for many things, but she has underscored that he or she must be known as a competent, Christian lawyer. That is why she advises the lady aspirants to strive for excellence with strength of character and a deeply rooted faith. For straightforward reasons, she is successful because her life is well-anchored to her faith, believing that as long as we live according to His purpose, we will succeed in our dreams. And in echoing how female empowerment is a wonderful invention, she says with much bravado that “being a lady lawyer is an asset, not a hindrance to one’s success.” MARCH 2013
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Aside from his known expertise in Labor laws and for his cracking jokes in class, he also exudes a character of a true gentleman. Apparently, on an exam day, the assigned classroom did not have enough seats for all the students. Atty. Nick himself carried one chair after another from a nearby classroom so as not to disrupt the students from taking the test.
accepted the job, her parents told her “to never sound like an apologist… to be objective and to keep her cool all the time.” To come on time.
Perhaps among his many surprising qualities, Atty. Nick has a quirky interest in collecting antique opera glasses and brass faceplates of antique radios.
In November 2012, she started hosting Legal Help Desk which airs at 10:00 PM on Mondays on Solar News Channel. Noticeably, as a law professor, her appeal suddenly led most of the male students to sit in the front rows when, under normal circumstances, they usually sat further into the back of the room.
When asked what he does during his spare time, he says, “Daydreaming.”
Much can be said that, perhaps, what is beyond her beauty and brains is her upbringing. A Lesson or Two
A Woman with Many Hats Apart from being a practicing lawyer, Atty. Linda is also an Associate Dean of Centro Escolar University and a regular columnist of Manila Standard Today and Good Housekeeping Magazine. Incidentally, Atty. Linda is also the faculty adviser of SBCA-SOL’s The Red Chronicles. She also does lectures in Mandatory Continuing Legal Education for lawyers and training in conflict management and minutes writing for Bangko Sentral ng Pilipinas.
The common testimony of students in the School of Law will tell you that the Jimeno professors have a high regard for their students’ time. This, somehow, reflects a code of values they keep as family—that whenever they come within the four corners of the classroom, molding aspirants to become lawyers in the future, the Jimenos, incidentally, by example, teach us a lesson or two about humility and integrity.
Considering Atty. Linda’s roll of achievements in her profession, being a lawyer was not what she thought she would become. “All I wanted was to be a journalist,” she says. “But later on, when I became an activist, I realized that I wanted to be of better service to others and be involved in shaping society so I took up law.” When asked what she considers the greatest challenge in her career, she says. “I consider every day a great challenge because I wear so many hats, apart from being a wife and a mother.” Beyond Beauty and Brains Words by ROSELLE JIMENO Photo by MIGUEL LLAVE
Much social prestige can be ascribed to a family of lawyers. A family of teachers, however, is another noble story of a vocation altogether—so much so if they are a family of lawyers who teach. Atty. Rita Linda and Atty. Nicanor Jimeno are among those who pioneered teaching in San Beda College AlabangSchool of Law. Atty. Linda teaches Legal Writing and Torts and Damages, while Atty. Nick specializes in Labor Standards and Labor Relations. With the approval of the new curriculum in the second semester of school year 2012-2013, the faculty is joined by their daughter, Atty. Karen Olivia Jimeno-McBride, who teaches Alternative Dispute Resolution. It Runs in the Family In a family of five, all teach. Four are lawyers. While Atty. Nicanor Jimeno is esteemed for his brand of humility in his knack in humor, Atty. Rita Linda is highly regarded for her elegance and soft-spoken decisiveness. Their daughter, Atty. Karen, is no less of a refreshing presence of simplicity and grace. Typical happy folks, the Jimenos spend plenty of time bonding over dinner, hanging out to talk and laugh about many things. Another thing they commonly love to do together is traveling to different places around the world. 30
At a Bus Stop to a Happy-Ever-After Atty. Nick and Atty. Linda’s love story begins at a nondescript bus stop. He first met her there, as in a perfect start of a chick-flick movie. “She was smitten by my good looks,” Atty. Nick says. “I asked her if she would marry me. She married me after six years and we live happily ever after.” Although not at the same time, Atty. Linda and Atty. Nick both studied law in the University of the Philippines. “I was then already married to Nicanor Jimeno, who was already a lawyer,” Atty. Linda shares. “I had a two-year old daughter and a six-month old baby when I started taking up law in UP.”
Atty. Karen with TRC’s Associate Editor Joey Alfonso
Atty. Linda and Atty. Karen with the TRC Staff
Atty. Karen was awarded the Dean’s Medal for Academic Excellence when she graduated from UP College of Law. She earned her Master of Laws degree at Harvard Law School. In an interview with Ramon Bautista, Atty. Karen professed that her greatest non-curricular achievement was when she emerged as champion in an ice cream-eating contest. Of course she was illustrious in her stint as spokesperson for Chief Justice Corona in his impeachment. When she
Often we see Atty. Linda and Atty. Nick arriving together at school. He frequents in handing in her stuff for class. Sometimes he sends her a bottle of mineral water to drink, drawing cheers from the students. “My husband is fun to be with,” Atty. Linda says when asked what she loves most about her husband. “He has a great sense of humor and can be very sweet and loving,” she adds. A Classic Gentleman Atty. Nick often says in class that all he ever wanted was to become a medical representative who travels. But he studied law. He has been in active law practice for almost 40 years, handling labor-related matters, civil cases and land registration. As a law professor, he is considered as a mentor by his students who look up to him for his unassuming nature.
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Additions to the SBCA-SOL Roster of Brilliant Professors
Atty. Anna Theresa Luy Licaros
Atty. Noelle Salamida Gavino
Atty. Licaros earned her degree in Broadcast Communication and her Bachelor of Laws degree from the University of the Philippines Diliman where she graduated Summa Cum Laude and Cum Laude, respectively. She was also included in the Ten Most Outstanding Students of the Philippines in 2005. She represented the Philippines in the Miss Universe Pageant in 2007 where she bagged the Miss Photogenic Award. At present, she works as a legal counsel of Meralco and MVP Sports Foundation. She is also the corporate secretary of Loyola Agila Futbol Club, Inc., and an anchor in Andar ng Mga Balita in Aksyon TV. She teaches Corporation Law in SBCA-SOL, and Business Taxation and International Labor Law in De La Salle University. When asked what advice she can give to her students, she said, “Focus. Be precise with the language you use. Never shortchange yourself through shortcut studying. Always be eager to learn and to see new things.”
Atty. Gavino obtained her undergraduate degree from De La Salle University in 2006. She earned her Bachelor of Laws degree, graduating as the Class Salutatorian, at San Beda College Alabang School of Law in 2011; and subsequently passed the Bar Examinations in 2012. Atty. Gavino is currently an associate in Bodegon Estorninos Guerzon Borje Gozos Law Offices. She handles a wide variety of cases, not limiting herself to a certain subject or area of expertise. Currently, she is a member of the SBCA-SOL faculty, teaching Legal Philosophy to first year students. According to her, every lawyer must withstand intensive and rigorous training in order to become grounded in an area of specialization. When asked what advice she can give to her students, she replied, “Start preparing for the bar the moment you enter law school. Read the cases in full text.”
BY DUGIE DELA CRUZ
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n celebration of the fifth year anniversary of The Red Chronicles (TRC), the “F Party” was held at Tavern Asia Bar, BF Homes, Parañaque on February 28, 2013. A great number of students joined in the celebration. Even former members of the Editorial Board, some of whom are now members of the legal profession, came to the event.
As part of the program, and in line with TRC’s mission to be of service to the student body, the organization formally launched its website, www.theredchronicles.org. This was made possible through the efforts of Samantha Santos and Lailani Blancaflor, the Managing Editor and Web Designer respectively. The online site showcases archives of past issues and unpublished photos of various events in school. In addition to the website launch, Pluma 2013: Pagpinid, Pagparaya, Malaya--the official literary magazine of the TRC, headed by TRC’s Literary Editor, Rose Ann Reyes, was released during the same night. In an interview with Laisa Aguila, Editor-in-Chief of the TRC, she mentioned that the event is not for the organization, but for the student body. The party was TRC’s way of showing gratitude for the support given by the student body through the years. The event, being a success, reflected TRC’s achievements and growth for the past five years. Moreover, it is a way of making a statement to the student body that it will continue to deliver news that matters as it happens for the coming years.
Atty. Antonio A. Oposa Jr.
Atty. Karen Olivia V. Jimeno-McBride
Atty. Oposa received his law degree from the University of the Philippines. After becoming a lawyer, he obtained his Master of Laws degree from the Harvard University Law School.
Atty. Jimeno obtained her degree in Bachelor of Arts Major in Humanities and Management from the University of Asia and the Pacific,where she graduated 2nd out of 199 graduates with a Magna Cum Laude grade point average in 2001. Afterwards, she earned her Bachelor of Laws degree from the University of the Philippines in 2005, where she graduated Cum Laude. In 2011, she received her Master of Laws degree from the Harvard University Law School. She was also the Submission Reader Editor for the Harvard International Law Journal. She is also licensed to practice law in New York.
He is among the world’s leading authorities in environmental law. He was a recipient of the highest United Nations Environmental Award, the United Nations Environment Programme (UNEP) Global 500 Roll of Honor. He is a member of the Executive Committee of the International Network for Environmental Compliance and Enforcement (INECE). He is also the advisor to a wide range of farmers’ and fishermen’s groups to governments and international agencies, such as the World Bank, the Asian Development Bank and the United States Agency for International Development. In the Philippines, he is the Chairman of the Environmental Action Team of the Integrated Bar of the Philippines, and founder of the Law of Nature Foundation. Atty. Oposa is a professor of Environmental Law at the University of the Philippines College of Law and the Philippine Judicial Academy. He also teaches Environmental Law at the San Beda College Alabang School of Law.
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She captured the public’s attention, especially in the legal profession, when she joined the defense team of the historic impeachment trial of former Chief Justice Renato Corona. Presently, she is a Junior Partner at the Jimeno Cope & David Law Firm where she specialises in banking, finance and corporation law. In addition to her outstanding achievements, she is also a faculty member of the law school in Centro Escolar School of Law & Jurisprudence Makati, San Beda Graduate School of Law Manila and San Beda College Alabang. She also gives lectures to various colleges and universities around the Philippines. She is also the host of a public service show called LegalHD at the Solar News Channel, and the host for the Elections101 segment in the news for Solar News Channel. Indeed, at a young age, Atty. Jimeno is one of today’s most admired legal practitioners.
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There are stories that accommodate the shifting narratives of our time, while there are others that don’t. Still, there are stories that beg to be written, allowing the triumphs and frustrations of every experience at the mercy of words. The Red Chronicles holds a story of passion, a story of the relationship between the writer and the written word. Here is a look at TRC’s greatest hits in the past five years.
BY RIO DIZON, ROSELLE JIMENO AND HAYDE TALORONG PHOTOS TAKEN BY MAUREEN BETITA, JEAMIE SALVATIERRA, CHUCK VALERIO, RON ESQUIVEL, MIGUEL LLAVE PERSONAL PHOTOS CONTRIBUTED BY PAST TRC STAFF
The Red Chronicles (TRC) is an organization that is an expression of our autonomous identity as students of San Beda Alabang School of Law. It is a school publication that articulates who we are, as aptly portrayed by the emblem of the red lion rampant in TRC’s logo: brave, enduring and influential. From its inception in 2008, it is defined by many memorable firsts: members of the first Editorial Board were former correspondents working under The Barrister of San Beda Mendiola. TRC finally moved in to its own office at the 3rd floor of the St. Maur building after having earlier issues being painstakingly made under the dim light of their computer screens at coffee shops. The shift of the publication’s cover in featuring legal personalities is also a milestone. The first was indulged by no other than Chief Justice Renato Corona. Other personalities to grace the covers were Senator Pia Cayetano, Hubert Webb and Senate President Juan Ponce Enrile. Other famous figures featured inside the issues were renowned Environmental Lawyer Atty. Antonio Oposa, Ambassador Amado Tolentino, COMELEC Commissioner Rene V. Sarmiento and Former Senator Rene Saguisag. True to its vision of service and passion, TRC has also released certain special issues that indeed chronicle the issues of the times: the Back to School Newsletters, the Bar Blast Anniversary issue, and the Graduation issues. TRC has also ventured in the literary realm to celebrate its love of words. The literary folio, Pluma is now on its third year. TRC continues to improve on their craft through workshops and began a tradition of giving out tokens of gratitude to the student body: the TRC notebooks, pens, environmental bags and umbrellas. The turn of the fifth year had intensified TRC with a gush of spur. To celebrate , TRC hosted its Fifth Anniversary and Thanksgiving party alongside with the launching of the third literary folio, Pluma, held in Tavern Asia, BF Parañaque last March 8, 2013.
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Bragging rights BY HAYDE TALORONG
Whoever said that writers don’t have the beauty to match their talents must not be referring to TheRedChronicles. Since the Ms. Lex beauty pageant has started in 2009, TRC has produced all of the pageant’s four titleholders. Needless to say, no other organization has replicated or has even come close to such feat. On its maiden year, we first made our presence felt when Jeamie Salvatierra, a photographer of TheRedChronicles, was crowned Ms. Lex in 2009 while her co-contestant, this year’s Associate Editor, Joey Alfonso, won Best in Talent when she chose to impress the judges with a sports skill that is close to her heart, dribbling her way to the judges’ approval. The following year, former Literary Editor Joan Palacio won Ms. Lex 2010
and the People’s Choice Award, a back-to-back win that seemed impossible to accomplish. And yet we did it again when news writer Suyen Dimanlig almost swept the awards by winning the Ms. Lex 2011 title along with the Best in Costume and People’s Choice awards. And we have not stopped, and we won’t if we can help it, from making 2012 another banner year, silencing the naysayers of a 4-peat when this year’s Managing Editor, Samantha Santos, won as Ms. Lex 2012 aside from the Best in Sportswear and People’s Choice awards conferred to her. For four straight years we have an unblemished record, an unparalleled achievement where have managed to crown our candidates. This is why we celebrate such recognition each year with equal gratitude because it is more than just basking in reflected glory; it is taking part of a shared legacy that we, as members of TheRedchronicles take pride of.