Loopholes Any student of
Constitutional law would be delighted to go through the pages of the Bangsamoro Basic Law (BBL), not because of how well it was written, but because of the volume of discussions it opens up on grounds of constitutionality. It comes as no surprise then that when the draft was submitted to Congress, legitimate concerns were raised. Among them: Territory. A well-defined territory, which is simply an expansion of the present Autonomous Region of Muslim Mindanao (ARMM), is proposed. A lawmaker notes that this has the effect of repealing the ARMM law, which the Constitution allows as a form of local government. However, substantive changes in existing laws require due process, and cannot be flouted by reason of the president’s personal endorsement.
Sovereignty. The BBL provides that the Bangsamoro entity will exercise “exclusive powers” over a list of matters, while the central government exercises “reserved powers” on matters such as defense, foreign policy, coinage and monetary policy, and postal service. We have the language of legalities to bring Muslim secessionists to heel, as the bill seeks to implement a peace agreement between the government and the Moro Islamic Liberation Front (MILF). We only need to polish the loopholes found in the provisions of the draft. Once the bill is passed, it will be ratified in a plebiscite to determine which provinces would become part of the Bangsamoro entity. -In this issue, we feature local governments as the unsung heroes of public affairs. Crucial but often overlooked, local government units are at the helm of resuscitating public trust, being more cognizant of local needs and being in the best position to deliver the program and services offered by the government. In the course of our writing, we realized that there is indeed an upside in shifting our attention away from the center and into a more narrow scope. For instance, our main story features a historical retelling of the Local Government Code of 1991 in order that it may be better appreciated.
People. The indigenous peoples of Mindanao, the Tausugs, Maranaws, Maguinadanaoans, Yakans, and others who are non-Muslims/Moros, are alarmed at the creation of the Bangsamoro identity. The Bangsamoro bill absorbs their separate identity as indigenous peoples, and posits serious implications over their rights to their ancestral domains. Even the word “Bangsamoro” to describe its people is a portmanteau; it comes from the word “Bangsa” which is Malay for nation-state, and the word “moro”, a blanket term that has been used to identify Muslims At times, local governments appear to mirror structures in Mindanao. Its etymology is only an artificial creation, invented by Nur Misuari in 1969 when he was still with of national government – including its vices. It can be the forces of the Moro Islamic Liberation Front (MILF). seen by how the Sangguniang Kabataan suffers the same fate of systemic corruption and inefficiency, and how Government. The BBL seeks to create a political entity even political dynasties exist in local politics as featured which is not under the Philippine Republic, but main- in The Puzons article. Of equal importance, we present tains an “asymmetric relationship” with it. It is worth exemplary Bedans who have managed to change the way noting that the proposed law states that it will be run by law students are perceived by also excelling in fields other a 60-member Parliament, of which guarantees that the than law. And as the tale of these students inspire, we also privileges already enjoyed by local government units with- feature a spread on the 5 cafe-restaurants to try in the in the Bangsamoro shall not be diminished unless other- South. The first of its kind, it is part of our commitment wise altered, modified or reformed for good governance. in serving the student body through this publication, as we broaden the range of stories we bring to the fore.
OFFICIAL EDITORIAL BOARD
EDITOR-IN-CHIEF: TALORONG, Hayde | ASSOCIATE EDITOR: DELA CRUZ, Dugie | MANAGING EDITOR: PADILLA, Anne | EDITOR-IN-CHIEF EMERITUS: AGUILA, Laisa Mae ALFONSO, Maria Josefina | ASSOCIATE EDITOR EMERITUS: SANTIAGO,Katrina SANTOS, Samantha | CIRCULATIONS MANAGER EMERITUS: Eusores, William | NEWS EDITOR: CRUZ, Christine Bernadette | FEATURES EDITOR: FRANCO, Joseph | LITERARY EDITOR: PASCUAL, Arianne | SENIOR LAY-OUT ARTIST: BLANCAFLOR, Lailani | SENIOR PHOTOGRAPHER: MELLA, Sarj STAFF: BANZON, Christine Erica | BELLEN, Martin | DELOS REYES, Monica | LAO, Kelly |MARCHAN, Zyril | SALAO,
Robert | PARCE, Vienna | PERFECTO, Tia |UBALDO, Pauline | BETITA, Mau |MARTINEZ, Mara | MURILLO, Angelo RAVAGO, Danise |RIVERA, Zephyr |TI, Jenica PHOTOGRAPHER: GUEVARA, Lawrenz | LAY-OUT: BELARMINO, Katrina | DIATO, Jea Marie | ENTILA, Ceasar CARTOONIST: PUNO, Jai Andrew | CIRCULATIONS MANAGER: PIELAGO, Charmaine 2
THE RED CHRONICLES VOL. 8 NO. 1
Editorial Policy The Red Chronicles is the official student publication of San Beda College Alabang School of Law. The articles contained herein are personal views of the writers and do not necessarily reflect official view or endorsement. The Red Chronicles accepts original articles from students and faculty members. We also solicit comments regarding the articles featured in our issues. All contributions must be submitted to the_redchronicles@yahoo.com.
ERRATUM The Red Chronicles Rm. 301 3/F St. Maur Building San Beda College Alabang School of Law 8 Don Manolo Blvd., Alabang Hills Village, Muntinlupa City Philippines facebook.com/theredchronicles twitter.com/trcpluma
In our RA 9262: Challenging The Unconscious article (March 2014 issue, Volume 7 No. 2) we erroneously featured Atty. Myra Angeli GallardoBatungbakal as an arbitrator at the Singapore International Arbitration Centre (SIAC). She is however, an arbitrator at the Construction Industry Arbitration Commission (CIAC).
SBCA-SOL Adopts the New Academic and Retention Policy
SBCA Firms Up New Traffic Scheme
By Christine Bernadette Cruz and Zyril Marchan
Dean Ulpiano Sarmiento III finally put an end to the rumors on lifting the suspension of the Quotient Point Index (QPI) during the recently concluded
By Kelly Lao
The policy is applicable to all first to fourth year law students, regardless of the number of units taken in one academic year. The following general averages are required to be maintained for each year level: First year: 77% Second year: 77.5% Third year: 78% Under the policy, the QPI shall be computed at the end of every academic year. A student who has subjects offered in two or more year levels must be able to maintain the required QPI for each of the level where he is enrolled in. The QPI is computed in this method—First, get the product among the unit(s) per subject, and the grade of the student of all the subjects taken during the school year. Then get the sum of the units taken during the school year. Third, get the sum of all the products from step one. Lastly, get the average by dividing the sum arrived at step three by the sum arrived at step two. The average is the QPI for the school year. For instance, student X is an incoming second year law student with the following grades:
First Year, First Semester Subjects No. of units * grade
Total raw score
First Year, Second Semester Subjects No. of units * grade
Total raw score
Persons and Family Relations
5*72
360
Obligations and Contract
5*70
350
Criminal Law 1
4*69
276
Criminal Law 2
4*53
212
Constitutional Law 1
3*75
225
Constitutional Law 2
3*75
225
Statutory Construction
2*90
180
Legal Philosophy
2*81
162
Legal Ethics
3*80
240
Legal Profession
1*80
80
Human Rights
2*80
160
Legal Research
2*80
160
2*78
156
1*88 20 Average: 71.85
88 1437
Legal Writing
Seminar 2 Total : 1437/20
Seminar 1
1*90
90
Total : 1527/20
20 Average: 76.35
1527
QPI for first year= total row score of all subjects / total no. of units = (1527+1437)/(20+20) = 74.1 (FAILED) QPI for first year is 77%
Rules on Academic Delinquency A student will be classified as an “academic delinquent” when he fails to maintain the required QPI for his/her year level. He will continue to hold the same status until he attains and maintains the required QPI. An academic delinquent student is only allowed to enroll a maximum of 50% of the total number of units for the next year level. The subjects to be taken during the delinquency period shall be under the discretion of the Prefect of Students. If a student has been classified as an academic delinquent for two consecutive academic years, the student will not be re-admitted in the next school year and thereafter. An academic delinquent student who takes a leave of absence will retain the delinquent status upon his return to the institution. In addition, a delinquent student will not be appointed to any key position in the following school organizations: the Student Law Government, The Bedan Review, The Red Chronicles, The Academic Bar Operations, The Hotel Bar Operations, and The Electoral Commission. Furthermore, the student shall be required to attend mentoring and/or tutoring sessions as recommended by the Dean. He shall also attend counseling sessions conducted by the Guidance Department. Special Rule for Incoming Fourth Year Students An incoming Fourth Year student is one who does not have any deficiency of not more than six units of subjects offered in the lower year levels. No student shall be allowed to take any of the fourth year subjects unless he qualifies as an incoming fourth year student as defined above. An incoming fourth year student who still has deficiency subjects of seven units shall be allowed to take fourth year subjects provided, that he has taken up all prerequisite courses offered in the lower year levels. However, this circumstance is still subject to an approval by the Dean. This policy shall be applicable only to incoming fourth year students, effective School Year 2015-2016. Policy on Removals As a general rule, removal examinations shall be allowed only for graduating students having only one failure in his fourth year subjects. Giving of removal examinations shall be subject to the approval of the Dean upon consultation with the faculty concerned. Removal examinations shall not be granted for failures in first, second, and third year subjects. 4
THE RED CHRONICLES VOL. 8 NO. 1
Photo Courtesy of San Beda College Alabang Website
Dean’s assembly. He announced that the QPI system would begin to take effect this academic year. Dean Ulan explained that it is a system where a student is required to maintain a certain average for every academic year in order that he/she may be allowed to advance to the next year level.
Photography by Katrina Belarmino
The newly imposed traffic scheme, as proposed by our dearest Rector, Fr. Anselm Manalastas, OSB, Director of
Administration, Dom Placido Octa OSB, and by the Officers of the General Services and Security, have been successfully effected since the second quarter of Academic Year (AY) 2013-2014. Mr. Arturo Solomon, head of the General Services and Security department, said that changes were urgently implemented because of the gravity of the traffic congestion inside and outside the campus. The increase of SBCA populace every year necessitates the improvement of traffic flow as shown by the increase in the volume of the students’ vehicles. In order to maximize the available roads and pathways and to ease the movement of vehicles within the vicinity, traffic flow improvement by re-routing entering and exiting motorists need to be maintained. Rampant heavy rains also cause the build-up of traffic especially during dismissal of the students. Accordingly, the proposed traffic scheme was approved and was implemented at the start of the third quarter of AY 2013-2014. Consultation and coordination with parents, employees, school bus drivers, and student motorists were made to assure the implementation runs smoothly. Notices and information dissemination were also made to notify all those affected. This new policy employed a one-way scheme that goes around the school. It included the newly designated parking spaces for motorcycles and the addition of the new tricycle terminal inside campus near the chapel bridge. Mr. Solomon added that the widening of roads, provision of additional parking areas, and introduction of new entrance and exit gates may be considered to further facilitate the flow of traffic in the future. OCTOBER 2014
5
SBCA–SOL Welcomes New Members in the Family
ENROLLMENT AND GRADES FINALLY ONLINE
By Kelly Lao After several years of traditional registration and viewing of grades at the Dean’s office, our thirst of having our own online portal has finally been satisfied. This academic year is full of blessings as Mr. Charles Baculi, School of Law Government (SLG) President, confirmed that San Beda Alabang law students will soon have their very own online registration system. This system has always been a major project of the past SLG presidents due to unwavering requests of the students. However, the efforts of establishing the same have always failed to materialize due to some constraints and scarce resources. President Baculi explained that this system aims to provide convenience for the students. It also allows students to personalize their profile, update their information, and check their grades evaluation. During the Academic Year 2013-2014, our SLG officers filed a petition before the Office of the Registrar stating a request to provide the students an online system. The Office of the Registrar finally approved such request, and thereafter, outsourced for the people who can materialize the system in order that it may be approved by the school administrators. As of now, the SLG encourages all law students to register their accounts and have them activated so that the Information Technology Center (ITC) can monitor possible anomalies and irregularities in this system. According to the ITC representative, the online portal will be available in September 2014 and that the online enrolment will be ready for the second semester of this Academic Year. The program may also offer services like online payment and reception of school announcements in the future.
DEAN CALLS FOR GENERAL ASSEMBLY 2014 By Christine Erica Banzon
The students of SBCA-SOL were gathered by Dean Ulpiano Sarmiento III for the General Assembly last August 8 at
the St. Maur’s Building Auditorium, for the purpose of informing the student body of the final status of the Quotient Point Index (QPI) application and the new enrolment system. Our beloved Dean emphasized that the aim of this year’s assembly is to address the current issues within the campus; and to prevent future allegation of failure of notice, depriving the students of due process. Academic Retention Policies When SBCA-SOL was instituted, there was already a QPI system similar to SBC-Manila. Dean Ulan, having the discretion in suspending the QPI, opted to hold its imposition for the past eight years. In response to the request of the Board of Trustees, the suspension of the QPI was lifted in order to improve the quality of education and to produce competent graduates. The main goal is to set the standards higher. The formulation of these academic retention policies were all negotiated and decided upon, with the affirmation from the Board of Trustees, Fr. Anselm Manalastas, Dean Ulpiano Sarmiento, and the Student Law Government (SLG) as the representative of the student body. The QPI is effective starting Academic Year 2014-2015 affecting all students from the freshmen up to the seniors, regardless of the number of units taken. The SLG sought for adjustments that are favorable to the students. These include the minimum QPI requirement per year level, two-year academic delinquency period, and the new policy for removal exams for the graduating students.
By Charmaine G. Pielago
The Student Law Government (SLG) together with several
sophomore law students, organized the Freshmen Orientation last June 21. The student leaders prepared a whole-day set of activities to acquaint the freshmen students with the School of Law and the administration. With the theme “Surviving the Odds of Law”, the freshmen students were oriented on how to be essentially equipped in surviving the study of law and the strenuous lifestyle that comes with it. They were taught how to read and digest cases. They also experienced a mock recitation before the selected upperclassmen who appeared as professors. Dean Ulpiano Sarmiento III, Prefect Bruce Rivera, Father Rector Anselm Manalastas, OSB., SOL’s guidance councilor, and the library staff respectively gave their inspirational speeches and guidelines on the different rules and regulations in the School of Law. A separate orientation was also conducted for the transferees last July 2 to welcome them to the Bedan family. The event aimed to help them adapt in their new home for the next years. Our beloved Dean Ulan welcomed them with open arms and gave a motivational speech. As he consistently says, he believes that becoming part of the SBCASOL was already “written in the stars” for these transferees. Some students who had the same fate, such as Jowee Ann Marquez, John Valro Dominguez, and Albertito Garcia, gave their own testimonials and inspirational speeches to the new batch of students.
The SBCA-SOL family ensures the freshmen and transferees that the whole community is one with them in enduring the challenges of law school and in fulfilling their aspiration to become a Bedan lawyer.
The effects of the new academic policies include enrolling only a maximum of 50% of the total number of units once the student is declared an academic delinquent. A student who remains to be an academic delinquent for two consecutive academic years will no longer be readmitted. When a student is declared as an academic delinquent, and thereafter takes a leave of absence, the student will retain his status as an academic delinquent upon his return. Lastly, any academic delinquent has a prohibition for appointment as an officer of any recognized student organizations. Online Enrollment and Registration SLG President Charles Baculi explained and introduced to the students the new system of enrollment and registraion. The SLG, the IT department, and the registrar’s office formulated ways to make the process of registration easier with the possibility of paying tuition fee online. The new system gives students a more convenient registration, enrolment, payment, and grades viewing system. To end the assembly, our Dean gave a befitting advice to all – “The little things we do are very important. If we are disciplined even in the little things, we can achieve even bigger things in the future.” 6
THE RED CHRONICLES VOL. 8 NO. 1
Photo Courtesy of Laurs Mendoza OCTOBER 2014
7
SBCA-SOL’s ILDS Advances to Quarter Final Round of ANC Square Off Season 9
Bedan Community Celebrates the Feast of St. Benedict
By Martin Bellen
By Vienna Olga Parce and Christine Erica Banzon
The International Law Debate Society (ILDS) of San Beda College
Alabang - School of Law (SBCA-SOL) clinched a spot in the quarter final round of the ninth season of the ABS-CBN News Channel (ANC) Square Off, after beating the Debate Society of the University of St. La Salle at the close of the fifth elimination round at the ABSCBN Studio in Quezon City on August 8, 2014.
Since the foundation of
San Beda Colleges, St. Benedict has been regarded as a patron of the school together with St. Bede. The solemnity of St. Benedict has long been celebrated by the San Beda community during the month of July of every year.
The Bedan team, composed of Bernice Pinol (3rd year), Joseph Franco (3rd year), and Leandro Manabat (2nd year), argued on the negative side of the proposition that the JBC (Judicial and Bar Council) rule requiring unanimous favorable vote when an integrity is raised against an applicant, should be valid.
In lieu of the tradition, the San Beda College Alabang (SBCA) community celebrated the Feast of St. Benedict for the whole month of July through a line-up of spiritual activities which the students, the faculty, and employees participated in. The theme of this year’s feast was “Benedictine Formation: Rekindling Benedictine Spirituality”.
By virtue of Memorandum 2014-09 from the Office of the Rector, July 11, the actual feast day, was declared a school holiday. It was stated in the said memorandum that “Monks, nuns, sisters, and oblates all over the world shall celebrate the memory of the Man from Nursia who sought to please God in all things.” In addition, Fr. Rector Anselm said, “that we in San Beda College, Alabang may contemplate the teachings of the Founder of the Benedictine Order”. In contemplation of the feast, the employees and the faculty of SBCA had their retreat in Silang, Cavite. Also, a new subject focusing on the life of St. Benedict was introduced in the undergraduate curriculum.
Benedictine Formation: Rekindling Benedictine Spirituality
“We trained all summer including weekends and holidays when school started,” Ms. Pinol’s response when asked about the team’s preparations. According to her, when the topic was released, the team practiced almost every day. Moreover, it was very difficult to make arguments because their side was challenging the status quo and there was no jurisprudence to back up their claim.
Photo Courtesy of Bernice Pinol
SBCA had various activities in honor of St. Benedict according to Mr. Noel F.S. Pleno, CBFD, OIC. Novena masses were celebrated from July 3 to 11, which were successively led by the different departments from preparatory school, high school, the College of Arts and Sciences (CAS), the School of Law (SOL), and the employees. The SBCA-SOL sponsored the mass held last July 9.
Ms. Piñol, the current president of ILDS, was declared the Judges’ Best Speaker while Mr. Manabat received the Texter’s Choice Award.
“We are very grateful to Atty. Bruce Rivera and Judge Gina Palamos for mentoring and helping us. Most importantly, Steven Gatacelo, our coach, who guided and trained us for the past few months.” Ms. Piñol stressed. She said further that the ILDS research team is commendable because they did not only provide the resources needed, but also criticized and solidified arguments during practices and brainstorming. Sixteen schools all over the country participated in this season’s competition. ILDS will be competing again on September 26 in the quarter final round against Arellano University School of Law.
CURRENT EVENT
Overcoming the Challenge on Judicial Reform By Christine Bernadette Cruz
Following the back-to-back attacks against the judiciary, to wit-- the criticism of Malacañang over the Supreme Court’s unanimous decision, declaring parts of the Disbursement Allocation Program (DAP) unconstitutional, and the ouster of Sandiganbayan Associate Justice Gregory Ong for violating the New Code of Judicial Conduct, linking his name with the Napoles’ pork barrel scam. Not to mention the inclusion of then Solicitor General and now Associate Justice Francis Jardeleza in the shortlist of candidates for the vacant spot in the high tribunal, which was not initially included in the four-man short list—prompted the Judiciary to push for judicial reforms. This declaration aims to address the issues of competence, efficiency, and integrity in the justice system. It is not surprising that Chief Justice Ma. Lourdes Serreno recently announced the judiciary’s fervor to push through with the “Housecleaning of the Judiciary.” The resolution of this issue has been circulating for a while and the department is not blindfolded from the concerns surrounding the increasing distrust in the legal processes. As stated in the Constitution, “Public office is a public trust; and all public officers must be accountable at all times to the public.” The public deserves better. The dissatisfaction against competence, integrity, probity, and independence of members of the judiciary as required by the supreme law of the land, leads us to one issue-- what is the most efficient mechanism to eliminate the alleged systematic corruption in the judiciary? In a 2013 recommendation, the business sector moved for an indispensible intervention from the executive and legislative department to resolve the alleged corruption within the judiciary. The judiciary counters that this recommendation is absurd simply because the judiciary is supposed to be a separate but equal branch of the government together with the executive and legislative. According to Chief Justice Serreno, “We have to go through this process. We have no choice but to go through housecleaning, even if it’s painful to some of us.” “…[T]he transformative effect of these small incremental steps will be such that, eventually, we can feel that the country is proud of what we are doing. Our people will again have belief in government and Filipinos can finally believe that justice being guaranteed them by the Constitution is not but part of mythology but is actually a living reality,” she added.
Photo Courtesy of Red Lens Photography 8
THE RED CHRONICLES VOL. 8 NO. 1
The Supreme Court hails only to the supremacy of the Constitution. Hence, the Judiciary has to overcome the challenge, and that is through cleansing in the ranks of the judiciary. (SOURCE: http://newsinfo.inquirer.net/640510/sereno-filipinos-believe-again-justice-is-living-reality) OCTOBER 2014
9
San Beda Alabang School of Law New Roster of Mentors
ATTY. VICTORIA C. GARCIA Criminal Law Review
Prosecutor Garcia, fondly called as Atty. Vicky, graduated as Cum Laude in
the University of Santo Tomas with a degree in Bachelor of Arts, major in Behavioral Science. She obtained her law degree from the same university as Cum Laude and as Class Valedictorian.
ATTY. IVY D. PATDU Legal Medicine
She is an esteemed professor of Criminal Law at the University of Santo Tomas Faculty of Civil Law. She also teaches in the Lyceum University of the Philippines College of Law, the De La Salle-Lipa College of Law, as well as the Perpetual University of the Philippines (Biñan) College of Law. She is a reviewer in Criminal Law at the Albano Bar Review Center, the UST Bar Review and, the Chan Robles Review Center.
Atty. Ivy D. Patdu earned her Doctor of Medicine degree as part of the Intarmed
Program at the University of the Philippines-Manila. She obtained her Juris Doctor Degree from the Ateneo de Manila University with Scholastic Second Honors. She also bagged the Dean’s Award for Best Thesis. She became a physician and a lawyer by passing the 2002 Physician Licensure Exam and the 2009 Philippine Bar Examinations. Currently, she is a managing partner at the Patdu, Dimatatac & Erfe Law Office, which is the legal consultant of the Philippine Academy of Family Physicians. She is also the Department Chair of the Medico-legal Department of the Ospital ng Muntinlupa, a consultant Medico-legal Physician at the Asian Hospital and Medical Center, and legal consultant of the National Telehealth Center of the University of the Philippines–Manila.As an educator, she is currently teaching Legal Medicine in the Ateneo de Manila University School of Law, Far Eastern University Institute of Law, and San Beda Alabang School of Law. Atty. Patdu gives this advice to her students: “Enjoy law school. Cherish every experience- all the heartbreaking moments and all the good times. Remember that being in law school is a continuous test of character requiring full commitment. Challenge yourselves to be the best that you can be.”
ATTY. JONAS FLORENTINO CABOCHAN Negotiable Instruments
One of the new faces in the Bedan law community is Atty. Jonas Florentino
Cabochan. He was a graduate of San Beda College of Law and was admitted as a member of the Philippine Bar in 1995. He currently teaches Negotiable Instruments Law. Although a man of few words, he embodies a true and idealistic Bedan lawyer. He led the San Beda College Alumni Association (SBCAA) to many significant programs and activities which benefited the San Beda community. Through this continuous support, he was unanimously elected as its president in AY 2011-2012. According to him, a law student must always remember the “4Ls”—law, logic, language, and the Lord. That is, to become a lawyer, one has to study and know the law. One must have logic and know the language of the law in which it was written. And most importantly, one must always be thankful to the Lord. He reminds his students to study, and to always remember to be ethical just like a true Bedan should be. THE RED CHRONICLES VOL. 8 NO. 1 10
ATTY. GALLANT DABU SORIANO Election Law
An economics graduate, Atty. Gallant Dabu Soriano obtained his law degree
from San Beda College Manila in 1988. He also achieved his Masters degree in National Security Administration from National Defense College of the Philippines in 1998 wherein he was awarded Best Thesis and Bronze Medal for Academic Excellence. In addition to his scholastic achievements, Atty. Soriano will soon be receiving his Masters degree in Business Administration from Ateneo Graduate School of Business where he has been a Dean’s Lister. At present, he is the founder and managing partner of The Law Firm of Soriano and Soriano. As an educator, he teaches Election Laws at SBCA-SOL, Constitutional Law 1, Constitutional Law 2, Legal Ethics, Statutory Construction, Administrative Law, Land Titles and Deeds, Natural Resources and Environmental Laws, Transportation Law, and Obligations and Contracts at San Beda College Manila.
ATTY. JONALYN G. PORQUEZ Statutory Construction One of SBCA-SOL’s pride, Atty. Jonalyn G. Porquez, Class 2013 valedictorian, is now one of her alma mater’s newest faculty member. She is also an Associate Lawyer at Siguion Reyna Montecillo and Ongsiako Law Firm. She decided to pursue law after graduating in 2008 from University of the Philippines-Diliman with a degree of BS Biology. She was an Academic Scholar and had received several awards, including Judge Agustin P. Montesa Memorial Award (Most Outstanding Law Graduate), Semestral Honor Roll Awardee for the First Semesters of AY 2009-2011 and for the Second Semesters of AY 2011-2012 in SBCA-SOL. Aside from being an exceptional student, she was the Editor-in-Chief of the San Beda College Alabang Law Journal, Vice Chairperson for Academic Bar Operations for the 2011 Bar Exam, and was the Remedial Law Subject Head for the Academic Bar Operations for the 2012 Bar Exam. Her advice to all students is to “Study hard, really hard; and take nothing for granted. Your preparation forOCTOBER your bar exam begins as early as your first year in law school”. 2014 11
PROFESSOR’S CONTRIBUTION
THE SC RULING ON THE CYBERCRIME LAW: A FOCUS ON THREE DISSENTING VIEWS By Justice Rodrigo V. Cosico
In the first quarter of this year, the Supreme Court finally ruled on
say the least, they were extremely unhappy over the outcome of the constitutionality of Republic Act No. 10175, otherwise known the SC ruling. as the Cybercrime Prevention Act of 2012. The proposed bill from Congress was signed into law by President Aquino on Sep- The executive branch has 90 days to promulgate the Implementtember 12, 2012 to fight crimes committed in the inter-net like ing Rules and Regulations (IRR) of the cybercrime law after the cybersex and child pornography. The implementation of the law, finality of the Supreme Court decision. Meantime the cybercrime how- ever, had been suspended for over a year due to the petitions law should be harmonized with the existing Access Devices Regufiled by 15 peti-tioners questioning the salient provisions of the lation Act of 1998, the E-Commerce Act of 2000, the Antichild Pornography Act of 2009 and the Antiphoto and Voyeurism Act law. of 2009. The highest tribunal previously issued a four-month tro while it scrutinized the law for possible violations of constitutional provi- At this juncture, it is worthy to note the dissenting opinions of sions on freedom of expression. Meantime, the court extended the the following : tro indefinitely. • Chief Justice Ma. Lourdes Sereno; Of the 19 questioned provisions of the law, the High Court de- • Senior Associate justice Antonio Carpio; and • Associate Justice Marvic Leonen. clared as unconstitutional the following provisions: • Section 4(c) (3) which penalizes the posting of unsolicited com- Chief Justice Sereno’s dissent – mercial communications ( or SPAM); “To be sure, the CPL has several provisions on libel. Section 6 of the law states that online libel shall be penalized ‘one degree • Section 12 which authorizes the collection or recording of traffic higher than that provided for by the Revised Penal Code’ (RPC) data In real time; Simply stated, this legalese means that the penalty is increased • Section 19 which authorizes the DOJ to restrict or block access from a range of ‘six months and one day to four years and two months’ imprisonment to a range of ‘six years and one day to 10 to suspected computer data; and years’ imprisonment. • Section 7 “as far as it authorizes the prosecution of an offender On the majority view that the severity of penalties is a lawunder on line libel and libel under the Revised Penal Code (RPC) making and also where it pertains to child pornography for being in violanot judicial prerogative, CJ Sereno argued that the more severe tion of the prohibition against double jeopardy”. penalty has an ‘invidious chilling effect’ because, aside from being However, the Court upheld the constitutionality of online libel lengthened to 10 years , it carries the accessory penalty of ‘temas a cyberoffense. It said that online libel as “not unconstitutional porary absolute disqualification’, which means deprivation of (1) with respect to the original author of the post but unconstitutional any public office the offender may hold, (2) the right to vote and only when it penalizes those who simply receive the post or react be voted to public office, and (3) retirement pay and pension”. to it”. The high penalty also “neutralizes the full benefits of the law on probation.” Under this law, those who are convicted of crimes The Court noted that “online libel is admittedly not a new crime penalized by not more than six years imprisonment, and who but one already punished under Article 353 (which defines libel in renounce their right to appeal may avoid incarceration and “unthe RPC); Section 4(c) (4) (or online libel) merely establishes the dergo rehabilitation outside prison” Since the CPL increased the use of a computer as another means of publication. For this reapenalty to a maximum of 10 years, this benefit is denied to cyson, charging the offender under both laws would be a violation of berlibel offenders. the guarantee against double jeopardy under Article III, Section 27 of the 1987 Constitution”. Also, the higher penalty lengthens the prescription period of the crime from one year to 10 years. In lay terms, this means that According to a November 2012 primer released by the DOJ, while a printed libel charge can be filed within one year only from which quoted a 2010 report of the security software firm Symanits commission, and online libel complaint can be instituted within tec, as many as 87 percent of Filipino internet users were identified 10 years. Thus, the threat of prosecution for online libel lingers as victims of crimes and malicious activi- ties committed on line. 10 times longer. Justice Secretary Leila de Lima said the decision was timely as the government needed it to deal with the growing number of Justice Carpio’s dissent – cybercrime cases. “In the intervening period (when the law was suspended), cybercrime in its many forms was continuing and even Justice Carpio voted “to declare unconstitutional Article 354 of escalating”, she said. “A clear legal framework is necessary to pro- the Revised Penal Code as far as it applies to public officers and public figures”. This article presumes the existence of malice in tect citizens and balance the state duties”. every defamatory imputation, thus making it ipso facto punishOf course, the majority of the Supreme Court Justices tried to able, “even if it be true, if no good intention and justifiable mostrike a balance between the protection of civil liberties and gov- tive for making it is shown”. ernment control, but it would be hard to please the students, teachHowever, the Supreme Court, he said has consistently held – ers and youth groups who are opposing the cybercrime Law. To 12
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following American jurisprudence - that criticism of public officials is protected by the constitutional right to free expression and cannot be penalized “even if such criticism is defamatory and false”. The only way to overturn this protection is to prove that the defamatory statement was made “with actual malice, that is, with knowledge that it was false or with a reckless disregard of whether it was false or not” The actual malice rule was later extended to public figures. According to Borjal v. Court of Appeals (Jan. 14, 1999), a public figure is “a person who, by his accomplishments, fame, mode of living, or by adopting a profession or calling gives the public a legitimate interest in his doings, his affairs and his character … in short, anyone who has arrived at a position where the public attention is focused upon him as a person” due to his or her celebrity or notoriety.
It is significant to note that the majority upheld the actual malice rule but found no need to void Art. 354 because existing jurisprudence already limits its scope. I agree with former Chief Justice Artemio V. Panganiban’s view that it is better to declare it unconstitutional “as far as it applies to public officials and public figures” to stress the Constitution’s supremacy and the court’s devotion to free speech. Justice Leonen’s dissent – Justice Marvic Mario Victor E. Leonen went further by holding that libel is completely unconstitutional. He stressed that “its continued criminalization especially in platforms using the [I]nternet unqualifiedly produces a ‘chilling effect’ that stifles our fundamental guarantees of free expression. Criminalizing libel contradicts our notions of a genu
STUDENT’S CONTRIBUTION
Of Climate Change and Utopia (An Excerpt)
Words by Mary Louise B. Reyes “Imagine if trees gave off WIFI signals, we would be planting so many trees and we would probably save the planet, too. Too bad they only produce the oxygen we breathe.” (Author Unknown) On a lighter note, albeit sarcasm, it speaks volumes about reality that people rarely take a second chance to ruminate about. I believe in paradise, not Utopia. Something closer. Something realistic. Something convenient. I believe in fresh air, blue skies, and green grass. I believe in nature. I believe in God above. I believe in Creation. I believe in men and their stewardship. I believe in goodness and kind souls. But as days go by, as I become more practical and less caring, I realize that my beliefs are not in accord with what I see. Where there is creation, there is destruction. Where there is stewardship, there is neglect. Where there is free will, there is abuse. Just like Utopia, my beliefs are far-fetched and I am disappointed. I have spent my childhood and heydays in Bicol, the place I would refer to as the “factory of typhoons”. I have bore witness to floods and landslides that took thousands of lives and destroyed homes, the earthquakes brought about by the periodic eruption of Mt.Mayon and the heartbreak of losing my dog in one of the strongest typhoons recorded in Philippine history. Nowadays, these dreaded typhoons occur beyond regular factory production and the Christmas breeze feels like summer. Still, I am inclined to believe that somehow, men would think twice about continuing to rape the same earth that they are supposed to take good care of. Due to modernism and man’s insatiable need for innovation and development, however, the environment is compromised for man’s own convenience. This air is polluted, the blue skies are filled with smog, and the green grass is artificial and plastic. And men wonder why the heavens cry? In recent years, various laws have been signed to strengthen climate change adaptation in the country and address global environmental degeneration. The 1987 Philippine Constitution expressly mandates that the State, “shall protect and advance the right of the people and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”. We have Republic Act 9729 known as the Climate Change Act of 2009, the Philippine Environmental Code, and the Clean Air Act which states that “a clean and healthy environment is for the good of all and should, therefore, be the concern of all.” But what the country needs is not another law. What we need is not another vision or belief but rather, a concrete plan. Climate change is caused by a series of human acts which led to the depletion of the ozone layer, putting emphasis on “human acts”. It is apparent, therefore, that the penultimate problem is man himself. We must all face this truth, no matter how inconvenient. Utopia may be far-fetched, but it is never too late to try. If the climate can change, why can’t we? OCTOBER 2014
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OPINION OPINION Widening the Leadership Base A survey recently conducted by SWS revealed that 62 per cent or 6 out of ten of Filipinos reject any change in the
Constitution that would allow President Benigno S. Aquino III to run for a second term. Yet, the president’s loyalists have vowed to gather eight million signatures calling for charter change to remove term limits and to give President Aquino a shot at term extension. While the Philippine Constitution has long needed vital amendments to make democracy real for the Filipino people--that is, to decentralize power and to make way for inclusive progress--the timing and the reasons for the recent calls for charter change are, unfortunately, wrong. The ideal time for amending the Constitution is at the start of a newly-elected president’s term as he will not be seen as one who has tasted power and cannot let go. And, the ideal reason for any charter change is not to lift term limits but rather to change the too-centralized presidential/unitary system of government to a decentralized federal and parliamentary form. We have seen that our current overly-centralized presidential/unitary form of government has failed to produce leaders who genuinely care to serve and make a difference. Our present politicians (except for a few) are recycled ones; belonging to the same family names whose claim to leadership is hinged merely on the name they inherited; or the fame they gained from media exposure; or their deep pockets which allow them to spend for nationwide campaigns and even buy votes. Before the relentless investigations on the alleged graft committed by the Binay family, the Vice President’s chances of becoming the next president of the Republic seemed unshakeable. He was consistently leading in surveys while his rivals fell far below him. With Vice President Binay’s falling ratings, coffee shop talks now dwell on the question, who shall we elect president in 2016 then? Shall we give in to the lifting of term limits via charter change to give President Aquino a second term? It is difficult to believe that we are so pathetically in dearth of good leaders that the election for the presidency in 2016 has become a choice among poor choices. Of the more than 100 million Filipinos out there, is there no one who can step up to the challenge of running for the presidency? The answer is, there are countless Filipinos qualified and deserving to take the highest post. But, because only a handful of people have the name recall and the needed billions of pesos to win in a nationwide poll, the true public servants know they stand no chance of winning at all. This tells us that our centralized unitary system of government does not create climates for real democracy to thrive. In contrast, in a federal parliamentary form of government, the chances for a real public servant to become the head of government will be much higher. Under the parliamentary-federal system, regions or states elect their representatives to the parliament. Since the election of such representatives will not be nationwide but merely local, those who have less resources will have a better chance as the reason for getting elected will no longer be nationwide popularity or a big supply of money. A better pool of leaders will emerge under this system. And then, the elected representatives from various regions who will sit in the parliament will elect from among themselves the prime minister who will then be the head of government. This system of electing leaders gives a better chance for the real public servants to run. Truly, democracy is better served when the leadership base widens. 14
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OPINION OPINION An Eye for An Eye, Can We Give it Another Try? “The world is a dangerous place to live in; not because of the people who are evil, but because of the people who do not do anything about it.” -Albert Einstein
T he social media are being bombarded by unbearable images of women slaughtered after having been raped. Newspapers publish
gruesome stories of murder. Children are being reported missing. Families are being massacred. The usual on TV broadcast are on syndicates involved in illegal drugs, robbery, and kidnapping. Day by day, the world is becoming the living picture of hell; but its people remain to be indifferent. They convince themselves that it is not their responsibility to save the world from damnation. Unless and until they become the victims, they will never start to care. According to the figures released by the Philippine National Police, there is a 17.86 percent increase in crime volume from January to end of May this year, as compared to the same period of last year. From 245,347 incidents that were recorded from January to May of 2013, it increased to 289,198 in the same period in 2014. Unknown to many, these figures continuously increase everyday. In an interview made by The Manila Times with Senator Edgardo Angara last June regarding the crime volume increase in the Philippines, he said that “Understated the data may be, it still paints a scary picture: One is murdered every hour, a robbery is committed every 10 minutes, someone is raped every 72 minutes, a theft is happening every three and half minutes.” The statistics should become enough provocation for the people to take a stand. The alarming figures of recorded crimes should lead everyone to re-assess the country’s justice system, as well as to question the efficiency of the enforcement of laws. Can the present penal laws be sufficient to protect the Filipinos? Are these laws
enough to ensure to everyone that they can still safely walk along the streets and be secured in their homes? The issue on the imposition of Death Penalty will always be frowned upon in this country. However, the upsurge of crimes is now alarming. And what makes it more terrifying is the manner employed by the criminals in taking away the life of their victims. A month ago, a man left an infant lifeless under a vehicle after sexually abusing her. The mother of an actress who is already 75 years of age died due to multiple stabs, allegedly because of robbery. More and more women are being abducted, and their raped and slaughtered bodies are found in uninhabited places. Every day, the people are being faced by a horrifying reality—that this country is no longer a safe place for its people. Filipinos are crying out for justice and protection but no one can hear them. Meanwhile, the government continues to convince everyone, through its idealistic but unrealistic propaganda, that everything is under control. The presence of evil is inevitable. It is certainly impossible to wipe out the wrong in this world. But not doing anything about it is as equally wrong, if not worse. Indifference and tolerance is as ruthless as the performance. There is no better time to act but now. The government needs to strengthen its authority in defeating crimes. Each and every one must be reminded of the basic idea that whenever a wrong is done, an equal punishment awaits. And that somehow the people in this country have not yet lost the protection and security that they deserve. Sure there are corresponding penalties to every crime committed. But are these enough to put a stop from hurting, abusing, and killing another human being?
A Family Affair P olitical dynasties have long been part of Philippine politics. We have grown accustomed to its idea that every elections, we just wait
for which new family member with the same last name will campaign either for the same position or for other positions that are still available. It happens that the mayor is the father, the vice-mayor is the son, the councilors are the cousins, nephews, or nieces. When the three-term limit is used up, it is either the son who has built a career or the spouse which runs this time around. It’s a cycle. It is as if public service is part of the inheritance each heir can succeed to. Name recall is the name of the game and this they take advantage of. I am a believer of continuity and consistency. And that is why I am of the opinion that political dynasties are not bad at all. If the constituents can see the progress that comes with the continued rise into power of the different generations of a political family, then maybe the people are justified for consistently putting them into power elections after elections after elections. This I say with qualification. I do not believe that political dynasties are bad or detrimental to politics as long as the years they succeed to power produce development to the lives of the people they rule and progress in the state of such city, municipality, province, as the case may be. But with the way political families have been part of the daily circus of media and controversies, my mind is rapidly changing its view on the possible good the brand of politics these families bring to the table. Their popular name is now marred with ill-repute with the issues on corruption, fraud, and inefficiency that attach to it. Their name puts public service to shame and instead of using their position to help, it seems that their position is actually the ones giving them help. Their brand of public service has now become a money-generating profession, a family business they have carried on for generations to cultivate and pass on. Instead of using their name and position for the betterment of the people that put them into power, they are the
ones given either an increase in the amount of their bank accounts, or a larger set of assets they have to be accountable for. Section 26, Article II of the 1987 Constitution provides: “The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” Despite this provision in our constitution, why is there a proliferation of families having control over the conduct of public service? It is because we still do not have an actual law that provides for such subject matter. And even if there is one brave soul in Congress that would propose this idea, we all know that this would possibly never prosper simply because most of those seated in Congress come from political families. Why would they pass a law that would, in effect, eradicate their chances of continuing their reign in politics? Also, we live in a democratic country and provided you have the qualifications for the position, anyone could run for power. And we do know that these families do not only have the qualifications. They also have the resources, influence, and reputation which their name automatically provides for them. Such blessed human beings. If only they use this blessing for the good of all. The total elimination of political dynasties could be a far-fetched idea in this nation that adhere to tradition rather than evolution. We are comfortable to the things that we are used to and these families are some of the things that exemplify those. But, tradition is not bad, per se. In fact, there is a good reason why we carry on with these traditions. In the same way that political dynasties are not bad, per se, as long as they become instruments of change in society -- a kind of change that is good, and good enough to start a new tradition. A tradition of a new breed of politics and politicos. A tradition of a new brand of political families.
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OPINION COVER STORY
OPINION OPINION
By Joseph Franco
Prologue: the twilight of the Empire
F
or over 400 years, the distinguished and ever loyal city lorded over a patchwork of princelings, fiefdoms, and kingdoms, strewn from the pagan wilds of Isabela down to the hinterlands of Cotabato. From her Palace, patronage was blown into the four winds. From her Capitol, laws were perched atop the specter of punishment. From her Court, the Gods of Padre Faura thundered and boomed its Delphic oracles for everyone to see.
Boon or Bane?
A lea iacta est! The die is cast! This is the popular saying attributed to Julius Ceasar’s actions when he and his army openly defied the orders of the Senate and waged a long-standing civil war against Pompey and the Optimates in Italy. Caesar’s act was considered dangerous because he disobeyed a branch of the government which he was supposed to work hand in hand with, or at least give a decent amount of respect to.
History is not replete with events similar to this one. Who can ever forget the 1973 Constitution that was created during the rule of then President Ferdinand Marcos? In this constitution, he ostentatiously vested rule-making powers and judiciary interference unto his own hands, a flagrant violation of the doctrine of separation of powers and the principle of checks and balances. Not to say that President Benigno Aquino III’s system of governance is similar to past leaders with tainted reputations, but all the same, he is also threading on dangerous waters with his not so subtle comments against the judiciary. Time and again, Pres. Aquino III has defied court orders and may have even violated the principle of separation of powers with his actions. As written in the article “The Populist Jugular” (Philippine Daily Inquirer, July 16, 2014), the president has so far committed three acts of defiance. First, was when he went against the court order allowing former Pres. Macapagal-Arroyo to travel abroad. Second, was when he pressured the Senate as impeachment court to unseat former Chief Justice Renato Corona. Third, and hopefully the last, was when Pres. Aquino brazenly attacked the Supreme Court’s decision declaring the Disbursement Acceleration Program or DAP as unconstitutional while questioning the legality and existence of the P1.775 billion Judiciary Development Fund. Even the people are torn with his actions. Is the President helping uphold the rule of law by criticizing and policing its co-equal branch of the government, the Judiciary, or is he stifling the practice of healthy democracy in the land by going against anyone who he thinks does not coincide with his cry for “Daang Matuwid” system of governance? Most political analysts in the land think that an oral fistfight with the court is oppressive to democracy and allows the executive branch to openly bully just about anyone it does not like. However, from a different standpoint, silence by the executive branch against violation of rights (if at all there is) will be tantamount to grave omission of its right to protect the people that it serves. The growing animosity between Pres. Aquino and the Judiciary is alarming. If this continues, further curtailment of the doctrine of separation of powers and the principle of checks and balances will inevitably ensue. As his term as president is about to end, will he be remembered as the man who valiantly followed the rule of law while championing healthy democracy, or will he be memorialized as the leader who cried “foul” whenever things do not go his way? The current administration must realize that this is the point of no return. The dice is continuously rolling. 16
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But empires crumble. Like the fate of other centralized governments, Manila had been experimenting various decolonization programs to empower its local colonies. That is why in 1991, the Local Government Code was enacted. Its policy makers hoped to accomplish the ‘most radical and far reaching policy that addresses the decades-old problem of a highly centralized politico-administrative system’. One can see the ambitious scope of the subject matter from the general ideals of local governance principles to the arcane concept of taxation. Its revolutionary character was in fact cognizant to policymakers in 1991. Before the Code, the National Government managed the delivery of basic services and implemented regulations. But the new law stands to sweep the old. Its massive scale can be imagined when DILG Assistant George Misa in 1992 said that over 15,000 employees of the Department of Agriculture will be transferred to LGUs. However, the revolutionary character of the Code, so cherished by academicians and policymakers alike, was by no means novel. It was not the first law addressing local governance issues. As early as 1893, the Spaniards had the Maura Law, establishing municipal councils elected by popular vote. And contrary to popular belief, local autonomy was first mentioned under the Malolos Constitution. Also, the Third Republic passed a slew of laws like RA 2264 which granted extensive taxation and appropriation powers and RA 5185 also known as the Decentralisation Act. The present Code was in fact, simply a major amendment of BP 337 or the Local Government Code of 1983. BP 337 also had Governmental Powers, Eminent Domain and expanded Taxation powers for Local Governments. This long train of half-baked and failed laws must have been on the minds of reactionaries and landlords in Batasan when they sent the Local Government bill into President Aquino’s desk in 1991. Besides, who can threaten their kingdoms, sultanates and fiefdoms that they have ruled for decades? Before the Local Government Code, political responsibility was beyond the local officials’ grasp. Discretion and power swayed above their offices, its long branches jiggling the prospect in their heads. And when the moment came, when Manila dangled the Code, the public corporations bit and they knew. And they were handed over a choice: to be good stewards or to be errant overlords. 23 years have witnessed the consequences of these grave choices by the local officials. The uphill battle By now, the courtiers in Manila can only watch helplessly as some local officials squander and waste the political empowerment given by the Local Government Code. It was a classic case of an abuse and misuse of freedom. Inevitably, decentralization of power during the Corazon Aquino administration was accompanied by the decentralization of corruption. This was attested by the Ombudsman who had 3,854 corruption cases involving LGUs in 2011. What can save the various kingdoms and fiefdoms from themselves? For all the freedom and responsibility that their newfound power entailed, the local officials failed to implement fully the spirit and letter of the Local Government Code. Mismanagement became the order of the day. OCTOBER 2014
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Photo by Sarj Mella
One important devolved national service was health. For the first time, local officials have more discretion on health budgets. However, one overseas study showed that from 1992-1997, the health sector suffered from a breakdown in management systems, poor staff morale, decline in infrastructure maintenance and financing of operational costs. Sadly, stories of dishonesty also persist at the local level. Olarte and Chua of the PCIJ narrated the story of an unnamed doctor in Mindanao, who was once humiliated by the municipal mayor before the entire municipal workforce for refusing to sign the overpriced medicine vouchers. The fledgling doctor, the first in decades in that municipality, packed his bags and left. Another important feature of the LGC is the increased financial resources of LGUs by broadening their tax bases and the institution of the Internal Revenue Allotment. The share of the local governments from the national taxes increased to 40% from the measly 11%. Ideally then, local governments should gradually decrease their dependence on Manila. However, the BIR asserted that 1 out of 2 cities in the country still rely on national government allocation. And then came recall, referendum and initiative, which brought chill winds to the traditional landscape of centralized authority. It was then where the inclination for self-governance was finally acknowledged - and permitted to trickle down to the electorate. The once saturated power of the government horizontally spread to empower citizens in making local officials more accountable. But the lack of political awareness coupled with lackadaisical implementation all contrived to make these mechanisms a dormant provision of the Local Government Code. The last recall election took place 13 years ago. From 2010 to 2012, there were only 38 attempts to recall election. Coming up trumps As the empire of Manila crumbled, tales of inefficiency and incompetence by local officials were left in its wake. But fortune favors the bold. Smarting from Manila’s retreat, local government leaders endeavoured to establish small pockets of progress and stability for their communities. The first of its kind, the DILG in 2011 initiated the Seal of Good Housekeeping (now Seal of Good Local Governance) and Performance Challenge Fund as cash incentives for improving social services, anti-red tape systems and public infrastructure among others. It was history repeating itself all over again. The Manilan colonizers, who previously left their domains, now find themselves drawn inexorably back to their former colonies. The Local Government Leadership Awards, the brainchild of Senator Aquilino Pimentel, has become a good indicator of identifying good governance. It recognises exemplary local executives who initiated involvement in their communities. Also, they have effectively harnessed the resources of their constituents with minimal interference from imperial Manila. Civil societies are now embarking along a path of cooperation with Manila and some enlightened local leaders. The Local Government Code has the effect of encouraging the participation of civil societies and Non-Governmental Organisations in local governance. This year, the DILG tapped civil society groups to keep track of government spending under the Grassroots Participatory Program. This lip service is matched with solid commitment. Largesse of 20 billion pesos would be distributed among 1,600 LGUs nationwide. 18
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Local participation is concretely realized in the barangay. Ironically promulgated by a strongman who concentrated power to himself, PD 1508 (now included in the Local Government Code) or the Katarungang Pambarangay Law, sought to establish a system of decentralizing dispute resolutions from the courts to the barangays. Almost all civil disputes and every criminal offense punishable by imprisonment not exceeding one year or a fine not exceeding P5,000, are subject to amicable settlement under the Katarungang Pambarangay when parties involved are individuals who are residing in the same city or municipality.
“
The Local Government Code does not guarantee progress and stability because thechoice is, and will always be, upon the people and their local officials to either take the path of progress or to face the path that leads to a dead end.
“
What was began merely as intended throwback to the Pre-Hispanic times became a major pillar of Philippine legal justice. Cost-effective and efficient, barangay conciliation satiated the grassroots needs of the people for justice. An estimated 3 billion pesos is saved as a result of out-of-court settlement. The current DILG Secretary said that 425,263 cases were filed in the different lupons nationwide, last year of which 76% were settled. These pockets of progress attest to the largely untapped potential of the Code. Time and again, these anecdotes show that sustained change can occur within the system, that the impetus to adjust to the times can occur internally. Caught in a time warp Fast forward to the present time under another Aquino regime and this piece of legislation is yet to be touched on. A major amendment of the bill has been gathering dust in Congress. It does not matter for reactionaries in Congress that the Code itself prescribed amendments every five years for the Bill to make it better responsive to the needs of local governments. It does not matter for these Congressmen that the President committed for an overhaul of the Code. The need to exert power, when thwarted in the open fields of life, is more likely to assert itself in trifles, Justice Cooley said. While Congress would be more willing to spend time for carving new districts, naming hospitals and streets to their name, important bills are still waiting in line for attention to be drawn to them. Relying on lawmakers to address crucial issues in the Local Government Code has become an exercise in futility. The feasibility of the SK, recalibration of the tax base and issue on economic zones continue to hound the policymaker and political think tanks. As the Local Government Code was enacted, local governments forayed into the path of political responsibility. As they worked their bread and earned their keep, some floundered into the abyss of inaction and political irresponsibility. Others, still, were swallowed by incompetence, political clans and chronic dependency. The Code also provided opportunity and growth for others. For every landlord and reactionary lording over their constituencies, there are upright visionaries empowering and uplifting their constituencies. The Local Government Code does not guarantee progress and stability because the choice is, and will always be, upon the people and their local officials to either take the path of progress or to face the path that leads to a dead end. The sun has set upon Manila. Its time is spent, its energies squandered. As the old order is swept away, Fate awaits for leaders who, like the others, braved to carve a new world for their constituents. A new dawn emerges. OCTOBER 2014
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In 1991, Senator Aquilino Pimentel spearheaded the establishment of Republic Act 7160 or the Local Government Code of 1991. This endeavor resulted to the repeal of PD 684, making Kabataang Barangay a precursor to the newly established Sangguniang Kabataan (SK). Rise and Fall of SK In a span of more than two decades, the Sangguniang Kabataan would serve as the Filipino youth’s own version of a legislative body. Kabataan Partylist sees this venue as a “training ground for youth and youth leaders, whose aggressiveness, creativity, and energy are vital factors that help shape the nation.”
WILDFIRE
The Sangguniang Kabataan and Youth Representation in Retrospect Words By Angelo L. Murillo
Within every youth, there is fire. The youth - aged 15 to 30 - is filled with burning passion, ideal, and vigor. The Philippines is perhaps a burning country. It is caught up in the flares of the youth, comprising roughly two-thirds or more than 60 million of the total population. They are the developing minds of the nation. They are in the academe to study, and some in the streets to learn and struggle. They comprise a huge chunk of both the consumer group and the work force almost the limbs of the society. The youth is also the watchful eye. They expose; they oppose. With every shout and banter, they propose. In this era of communication and technology where the young ones hold dominance and edge over other generations, the heat is even intensified. More than an age group, they are truly the force to be reckoned with. There is no question as to the greatness that they could possibly hold. As next in line, every single youth is a promise of change. It bears stressing, therefore, that at an early stage, the youth should already be an active part of the society. No less than the 1987 Constitution reaffirms this principle when it espoused: “The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.”
Establishment of the Sangguniang Kabataan The historical transformation of the zeal and willingness of the youth to governmental practice traces its roots from the Marcos era. It was the 15th of April 1975 when President Ferdinand Marcos issued Presidential Decree 684 which enabled the creation of the Kabataang Barangay. This initiative was prompted by the country’s adherence to the United Nations’ Convention on the Rights of the Child, mandating its member-countries to legislate the youth’s involvement in politics. Unfortunately, due to the oppressive facets characterizing the said regime, the Kabataang Barangay was not fully able to translate youth passion and vigor into genuine representation. It had even resulted to divisive schemes, where youth consistently opposed youth in terms of militant activities and opposition to the then dictatorship. Eventually, the Marcos era crumbled, signaling the rise of President Corazon Aquino to power. With the changes in the political climate also came the overhaul of a substantial system of governance through the adoption of the 1987 Constitution. Initially, the Kabataang Barangay was replaced by the Presidential Council for Youth Affairs. This council was short-lived, for the Congress primarily intended to create an organization to be elected by the youth.
Primarily run by the youth, the SK is an 8-member body that seeks to uphold youth representation in local and national legislation. This body is under the supervision of the Department of Interior and Local Government (DILG) together with the Sangguniang Barangay. The SK has its own constitution, bylaws, and governmental protocols tackling eligibility, functions, and the overall performance of SK duties. As soon as elected youths assume post, they are immediately oriented regarding the nature of their office just like other government agencies. With regard to finance, the SK is entitled to a budget allocation equivalent to ten percent (10%) of their respective barangay’s funds. As per their constitution, the following expenditure should be followed: 40% on environmental, capability building, and livelihood projects, including anti-substance abuse campaigns; 2% on federations, and 58% on education, health services for adolescents, community immersion, sports development activities, and “other activities vital to the development of the youth.” Reports reveal that for the past year, P60.5 billion went to barangays. Being under the Sangguniang Barangay, SK funds are still subject to the approval of the former. Without the full approval of the barangay’s main sanggunian, the SK will be empty-handed. As to the eligibilities to run for an SK post, several congressional representatives have shown desire to adjust the age bracket of SK candidates from 15 to 17 years old to 18 to 24 years old. This endeavor is driven by the desire to promote autonomy for the SK, as adjusting the age limit would pave way for SK officials who can now legally enter into contracts. In the current setup, SK officials are hindered by age restrictions to legally effectuate majority of their reforms. Problematic Representation The fire has its way of blazing out of proportion like a wildfire. The idealism of the youth had suddenly burnt down. Damages have replaced the supposed promises. As it seems, the SK has been a venue for youth corruption – from elections to actual terms of service. Currently, the 2013 SK elections were postponed by the government to give way to possible reforms for next year. More than changes, there are staunch advocates who forward the complete abolition of the said youth institution. A number of measures calling for its complete abolition have already been railroaded in Congress, but none by far came close to being enacted into law. There have been numerous issues that plagued the SK. The University of the Philippines Center for Integrative and Development Studies initiated a study entitled “The Impact of Youth Participation in the Local Government Process: The Sangguniang Kabataan Experience (2004)”. Commissioned by the United Nations Children’s Fund in partnership with the DILG, the study was able to lay down the major setbacks
of SK. Among these were the inherent weakness and lack of consultation processes of the institution, dissonance between the needs of the youth in a community and the actual projects implemented, lack of knowledge regarding SK roles, low level of participation in governance, low level of awareness and appreciation of involvement, and the culture of nepotism, among others. SK officials themselves criticize the setup they are in. Apparently, the lack of fiscal autonomy and weak severance from the main Sangguniang Barangay would result to more problematic instances. It is inevitable to note that the culture of prevailing dynasties also affect the institutionalization of youth representation. Several political and social issues have transcended age brackets, corrupting the tender years of future leaders as well. The lack of strong policies against political dynasties has become fertile grounds for traditional, youthful politicians in SK. As if adding insult to injury, the facets of maintaining and operating SK is costly. According to COMELEC reports, the preparations alone for the incoming SK elections reached billions. This makes the ground shakier for an alleged erroneous and inoperative institution. Despite all these oppositions, Atty. Ridon, Kabataan Partylist Representative, maintains that singling out SK is unjust. If corruption is seen as the main motivation to abolish SK, then it is, according to Ridon, but right to abolish the highest institutional mechanisms as well, such as the Sangguniang Barangay, among others. *** The burning passion of the youth, as believed by many, has gone out of control. The fire that is supposed to shed light has been furiously fanned by the system of corruption and selfish interests. The views condemning the continued operation of the SK see it as a wildfire that needs to be drenched. There is indeed fire in every youth. It is a frustration to idly sit while the system tragically transforms this fire into a wildfire, engulfing the integrity out of the system of governance today. It is all the more a frustration to see the youth indicted in this controversy. It will be most frustrating, however, to view the complete drenching of the purest of flares and live in the chills of indifference and apathy. There is a sincere reason behind the calls for the stoppage and reforms of the problematic SK system, but there is injustice if the youth will be completely silenced. The fire within every youth promises greatness and progress. The greatest challenge is to drench not this vigor, but the corruption and greed plaguing the system. More than culprits, they are victims. For as long as the dried leaves of impunity and the dead branches of power are scattered all over the place where this fire is to thrive, there will inevitably be wildfire. At the end of the day, the principle of youth representation must not be confused with erroneous implementation, weak institutionalization, and problematic status quo. The victim must never be confused with the real culprit. SOURCES: 1. http://www.philstar.com/opinion. “Time to Abolish Sangguniang Kabataan”. July 2013. 2. http://www.rappler.com. “Abolish SK?”. July 2013. 3. http://www.southernleytetimes.com. “Let’s Do Away With the SK”. January 2013. 4. http://www.philippinecollegian.org. “Reshaping Representation”. August 2013. 5. http://www.inquirer.net
OCTOBER 2014
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Outsmarting Criminals Gets Tougher By Maria Danise Ranchelle A. Ravago
With the continually increasing fuel prices, more and more Filipinos opt to use cheaper ways to reach their
destinations. It is evident that a lot of Filipinos choose to ride motorcycles, as they are cheaper and easier to maneuver in the chaotic streets of Manila. As of 2011, the motorcycle population in the Philippines had already swollen to up to 4.5 million units. In our estimated population of 100 million, this could mean that for every 34 Filipinos, one owns a motorcycle. From the statistics of the Land Transportation Office (LTO), roughly around 80 percent of new vehicle registrations are for motorcycles. But apart from riding it to work, school, and other destinations, Filipinos are now using motorcycles to commit crimes, oftentimes with impunity. Snatchers, hold-uppers, and hired gunmen are just few of those who use motorcycles and full-face or dark tinted helmets to conceal their identities. At the close of 2013, over 3,000 crimes involving the infamous “Riding-in-tandem” have been recorded by the PNP in Metro Manila alone. From January to May 2014, 1,834 cases with the same stratagem have been reported nationwide, 520 of which were committed within the National Capital Region. Local Government Units, one after another, push for ordinances to reduce, if not totally eradicate, this criminal trend. Mandaluyong City, for one, passed Ordinance No. 550, which limits the motorcycle’s pillion passenger to relatives within the first degree of consanguinity. Riders are mandated to produce proof of relationship such as marriage certificates and identification cards. This means that one can only have as a back-rider his mother, father, brother, sister, or spouse. This law is not left unchallenged as hecklers, both in social media and in the streets of Mandaluyong, grow in number. As if husband-wife tandems cannot snatch your bag? And of course, fathers and sons could not possibly be hired killers, right? Seeking to curb the same criminal tactic, the Quezon City government is also facing criticisms for its “Plakavest” resolution. The said proposed ordinance requires motorcycle riders to wear a safety or reflectorized vest or any kind of sleeved clothing depicting the vehicle’s plate number, which should be printed at least six inches in height and one inch in width. Now, with the rising number of stolen motorcycles and counterfeited plate numbers, is it not possible for crooks to also use replicas of vests which can ultimately prejudice the rights of the legitimate motorcycle registrants? As of writing, the Local Chief Executive of Quezon City has expressed his veto to the resolution reasoning that “the Plakavest is not a rational way of identifying riders with criminal intent because a criminal will not use a vest registered under his own name”. In Dagupan City, the council passed and is now implementing what was dubbed in a newspaper column as the “Idiotic No-Helmet Law in Dagupan City.” The ordinance provides that motorcycle riders are mandated to remove their helmets at authorized checkpoints of law enforcement agencies and that if they are riding at 15kph and below, they are exempt from wearing helmets within the central business district of the city. Republic Act 10054 is a national law mandating all motorcycle riders to wear standard protective motorcycle helmets while driving. It provides in its repealing clause that “(a)ll laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.” The Dagupan ordinance, it appears, is clearly repugnant to RA 10054. In this regard, the LTO and the Dagupan City Council stand on opposite ends. The LTO maintained that they will not honor the ordinance. Aside from this legal impediment, the Dagupenos, for obvious safety reasons, are disapproving the ordinance because of its perils to the riders. Will the local council answer for resulting deaths and injuries? The dilemma now of the Dagupenos is, “kanino tayo magpapahuli? Sa LTO o sa POSO (Public Order and Saftey Office)?” Tagbilaran in Bohol, Butuan, Pagadian and Davao City already prohibit the use of bonnets, full-face helmets, and similar cover-ups, which conceal the identity of riders, but not the use of helmets altogether. Cagayan de Oro and General Santos City are just some of the other LGUs mulling over the passage of their own laws to counter the notorious “Riding-in-tandem.” The object of the indispensable requirement of notice and hearing with the concerned sectors of society before a law is passed, is to take care that such sectors are not left unrepresented on matters which will directly affect them. The fact that the major oppositions come from various motorcycle posse raises the presumptions that they have not been consulted nor heard or, having been heard, their stand on the subject were taken lightly. We can never expect perfection in legislation both in the national and local level. If even lawyers cannot craft flawless legislation, we cannot suppose that non-lawyers elected in various positions in the executive and legislative departments will create un-challengeable laws. 22
THE RED CHRONICLES VOL. 8 NO. 1
Curing the Road Congestion in Metro Manila Words By Maria Regina Martinez
Like any burgeoning country, road congestion is one of the most apparent problems faced by the Philippines. However, the subject was pushed more into the fore when the local government of Manila implemented a bus ban last 2013, and a truck ban this year.
He further added that while the city aims to alleviate its heavy traffic, it also recognizes the important role of truckers in its local economy. A number of logistics and transport companies are operating in Parañaque, by reason of its proximity to the Ninoy Aquino International Airport.
The City of Manila, under Mayor Joseph Estrada, issued Ordinance No. 8336, prohibiting trucks from taking the roads of the city from 5 a.m. to 10 a.m. and 5 p.m. to 9 p.m. Covered by the ban are cargo trucks, gravel and sand trucks, cement mixers, eight-wheelers, and any truck with a gross vehicle weight of at least 4,500 kilograms. The ordinance contributed to road congestion caused by trucks that are unable to pass through Manila’s major thoroughfares. News reports show that the move also created a backlog in deliveries to and fro the Port of Manila, causing a price hike for certain commodities in the market such as meat, vegetables, and fruits.
Parañaque’s neighbors, Muntinlupa, and Las Piñas City are likewise doing their share in solving the traffic problem. For instance, Muntinlupa recently opened its South Transport Terminal, in cooperation with the Metro Manila Development Authority (MMDA) to address the heavy traffic along EDSA. The new routing scheme will accommodate five hundred fifty-six (556) provincial buses travelling from Southern Tagalog to parts of Metro Manila. On the other hand, as early as 2008, Las Piñas City issued City Ordinance No. 831-08, implementing its own vehicle coding scheme in its major thoroughfares.
Meanwhile, Parañaque City, through Mayor Edwin Olivarez, issued City Ordinance No. 03-12 implementing a truck ban to address its own traffic issues effective from 6 a.m. to 9 a.m. and from 4 p.m. to 8 p.m., from Mondays to Fridays. Six-wheeler trucks are exempted from the ban so as to allow logistics and cargo forwarding companies to move their cargoes from the airports and their warehouses anytime. Mayor Olivarez of Parañaque said in an interview that the “selective truck ban” is opted by the local government in agreement with the city truckers’ association to lessen the negative impact on businessmen.
Road congestion will always be a perennial headache for cities. Careful city planning and an efficient transport system driven by strong political will must be undertaken to alleviate this ordeal. The onus now falls on local governments to coordinate their activities in order to provide a solution for this long standing and almost unbearable problem. (Writer’s note: On September 13, 2014 after this article was written, Manila City Mayor Joseph Estrada ‘indefinitely’ suspended the truck ban in the City of Manila.)
Rising Above Flood Waters: Flood Control Management of Muntinlupa, Parañaque, and Las Piñas Words By Christine Erica Banzon
The Philippines has been experiencing storms and mon-
soon rains of increasing magnitude and frequency over the years. The cities of Muntinlupa, Parañaque, and Las Piñas, for example, have experienced their fair share of disasters which prompted them to improve their flood control management systems. Common to these cities are the problems of right of way easements, tapping neighboring subdivisions for the dredging process, hooligans stealing copper equipment used for the operations, and narrow streets making heavy machinery equipment impossible to pass through. According to Mrs. Salome Fugen, MMDA Action Officer who was assigned in the Engineering Department of Muntinlupa City, some of the ongoing projects to mitigate flooding include unclogging drainage systems and waterways, and widening and placing riprap on the sides of inland waterways to increase its capacity for the flow of floodwater. Meanwhile, the local government of Parañaque passed the “Parañaque Waterways Rehabilitation Program”, which aims to clean all the city’s creeks, canals, and the main Parañaque River. Engr. Francisco Agamata, City Engineer of Parañaque, stated that his team usually encounters problems with the right of way, especially when the task force assigned cannot continue the dredging process. As a remedy, the LGU enters into negotiations and Memorandum of Agreements (MOAs) with neighboring villages. Las Piñas City promotes similar programs implemented by Muntinlupa and Parañaque. In order to uphold the city’s
cleanliness campaign, former Mayor and city’s Clean and Green Chairperson Imelda Aguilar, said that there is a regular collection of garbage conducted by more than forty (40) compactor trucks. These trucks are bolstered by three hundred (300) “Task Force Kalinisan” members and the one thousand (1,000) “Kaagapay Sa Kalinisan at Kagandahan ng Las Piñas” volunteers. Looking at it all, the cities of Las Piñas, Parañaque, and Muntinlupa have put forward reasonable flood control management policies. The question of its effectiveness, however, has yet to be tested. LGUs therefore must not put an end to their efforts of finding a solution to the flood issue. They should stand up and rise above the floods for safer roads and clog-free waterways. SOURCES: 1.Interview with Mrs. Salome Z. Fugen, MMDA Action Officer, Muntinlupa City Hall, Muntinlupa, September 11, 2014. 2.Interview with Engr. Francisco Agamata, City Engineer of Paranaque, Manila, September 8, 2014 3.Paranaque Flood Control Measures, http://paranaque.gov.ph/paranaque-floodcontrol-measures/ 4.Las Pinas Clears Waterways to prevent flooding pursues greening activities, http://laspinascity.gov.ph/articles/275-las-pi-as-clears-waterways-to-preventflooding-pursues-greening-activities 5.10 reasons why it floods in Manila, City Sense by Paulo Alcazaren, Philippine Star, June 15, 2013 , http://www.philstar.com/modern-living/2013/06/15/953965/10reasons-why-it-floods-manila (General Information on all: laspinascity.gov.ph; paranaque.gov.ph; muntinlupacity.gov.ph)
OCTOBER 2014
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Francisco Domagoso was already introduced to the hardships of servitude and labor. At an early age of ten, he was pushing karitons as he gathered old newspapers and used bottles for reselling in junkshops. On the way home, he collected leftovers in trash bins for his mother to recook for dinner. But from rags, Domagoso entered in the world of media in That’s Entertainment as Isko Moreno.
SOURCES: 1. Luz Rimban, ‘Star-studded Politics: Even if they don’t always give stellar performances, movie stars shine in the theater of Philippine politics.’, Public Eye, pcij.org/imag/PublicEye/starstudded.html (2002). 2. Reynaldo Santos, Jr., ‘Star-studded gov’t: More celebs win in 2013 polls’, Rappler, http://www.rappler.com/nation/politics/elections-2013/31903-more-celebrities-win-2013-polls (2013). PHOTO COURTESY OF: 1. vilma santos - http://joyfullifeofjen.blogspot.com/2012/07/starfor-all-seasons-gov-vilma-santos.html 2. isko moreno - http://www.rappler.com/nation/21940-isko-moreno-arrested-in-manila 3. bistek bautista http://www.mb.com.ph/wp-content/ uploads/2014/09/1herbert.jpg
In 2005, Domagoso juggled his political and celebrity careers. He was elected councilor of 1st dis-
The
Words By Jenica Edlyn S. Ti
Going beyond the grain and running against the current, some of these celebrities defied the stereotypes and exceeded the expectations pegged against them. The Star of All Seasons Vilma Santos-Recto rose to fame after auditioning for the lead role of Trudis Liit. Under Sampaguita Pictures, she won the 1963 FAMAS Awards for Best Child Performer in the said film. In 1998, she was elected mayor of Lipa City for three consecutive terms. In her stint as an actress and a public servant, she garnered the 2005 Gawad Plaridel Award from University of the Philippines, and in the same year, an honorary doctorate degree in Humanities in Lipa City College. In 2007 and 2010, she then proceeded to become the first female governor of Lipa City, Batangas under the Liberal Party.
In sum, a common indictment of Philippine politics always involves the participation of celebrities in public office. At this point, the classic tension arises between the popular rights of the majority to choose as opposed by the liberal bourgeoisie emphasis on educational achievement and meritocracy. Gov. Vi, Vice-Mayor Isko, and Mayor Bistek are products of this contradiction. Their continued existence in the political heavens will always depend upon the will of the people.
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THE RED CHRONICLES VOL. 8 NO. 1
latest Senate bill authored by Senator Miriam Defensor Santiago entitled the “Anti-Political Dynasty Act”, seeks to prohibit political dynasties pursuant to the Constitutional guarantee of equal access to public service. In the event that this bill is passed into law, it will be the first law to finally end, or at least control, prominent families from monopolising political positions in the Philippines. The bill defines political dynasty as, “a situation wherein a person who is the spouse or a relative within the second degree of consanguinity or affinity, including brothers or sisters, whether full or half blood, direct ascendant or descendant, whether legitimate or illegitimate or adopted, including their spouses, of an incumbent elective official, holds or runs for an elective office simultaneously with the incumbent elective official within the same province, or occupies the same office immediately after the term of the incumbent elective official. It shall also be deemed to exist where two or more persons who are spouses or related within the second civil degree of consanguinity or affinity run simultaneously for elective public official within the same province, even if neither is related to an incumbent elective official.” In Navarro v. Ermita , Supreme Court Associate Justice Carpio defined political dynasties as a “phenomena that concentrates political power and public resources within the control of a few families whose members alternately hold elective offices, deftly skirting term limits. “ The Red Chronicles was able to interview former Governor David Puzon Jr. Based on the foregoing definitions, it can be said that Gov. Puzon Jr., who prior to his governorship, first served as Vice- Governor, comes from a political dynasty, namely the Puzons of Cagayan. The Puzon clan had a total of six individuals from two generations seated either as Governor, Vice – Governor, or Congressman for Cagayan from the years 1967 to 1992. David Jr.’s father, David M. Puzon Sr. initially sat as Vice Governor in 1967 and eventually became a Congressman. Upon the declaration of Martial Law, David Puzon Sr. became an assemblyman under Marcos’ parliamentary government. David Jr.’s eldest brother, Rolando became Governor of Kalinga, Apayao and later on shifted to serve the national government as an assemblyman. The youngest brother, Romeo, served as Barangay Captain. While Romeo’s wife, Cita, later on ran against Romeo for the same position, but eventually sat as a Barangay Captain in a different area. According to David Jr., one of the main reasons why he was pushed to
enter politics was because of the idea that a person from a political family will serve the people better. That such person has more advantage in terms of his background on politics, first hand observations, and inside information from their relatives who are already engaged in public service, as compared to those who do not belong in a political family. David Jr. counters that this may be true if one is set on inheriting the government position. But in his case, the decision to enter into politics came after his father’s death; and only upon the prodding of the Puzons’ allies, particularly the Duapayas, another prominent political family. Admittedly, David Jr. finds no pros in having a political dynasty govern a ceratin region. However, neither does he see any cons. He says that although political dynasties have the tendency to take control of the economy of the district, there is no point in equating corruption with political dynasties. Even those who do not come from political families commit corruption. Often, it is the system, not the politicians’ roots that pushes the politicians to be corrupt. Former Governor Puzon Jr. is of the impression that the bills prohibiting Anti Political Dynasties, might be a futile attempt, just as the prior bills regarding the same issue were not passed. He points out that those in charge of passing the bill into a law, both legislative and executive branches, are predominantly comprised of members of political dynasties. Meanwhile, the lady-Senator’s bill languishes at the Senate. At the end of the day, long-winded arguments about answering the call to public service or the continuation of a family legacy or even the long abused notion of good faith falls upon the people’s plate. Until such time that the people decide to break their passivity, political clans will continue to lord over their fiefdoms.
SOURCES: 1. S. No. 2469, 15th Cong. 1st Sess. (2011) 2.GR No. 180050, April 12, 2011
OCTOBER 2014
Words By Zephyr Rivera
Subject to criticisms and the limelight of media, the Philippine political universe had oftentimes been accused of being inexperienced in the field of law, politics, and governance. Here, landslide victories during elections were acquired because of name recall. Our legal firmament acknowledges that the government permits citizens to be representatives of our government units and institutions in accordance to the doctrine of equal representation.
Likewise, Bistek, who most people remember as the Best Actor in the movie: Shake, Rattle & Roll during the 1984 Metro Manila Film Festival, was no stranger to the local government. As early as 18 years old, Bistek, or Herbert Bautista, was President of the Kabataang Barangay National Federation, and was then appointed as ex officio City Councilor of the Youth Sector in Quezon City. After several terms of being the City ViceMayor, the socio-civic advocate became the first bachelor Mayor of Quezon City on July 1, 2010. One of his major achievements is the QC Drug Treatment and Rehabilitation Center, Tahanan, for drug dependents and addicts.
The
Cagayan’s Ex-Political Dynasty
a permanent fixture in our colorful political history. The first of their kind was a popular matinee idol Rogelio de la Rosa, who assumed a seat in the Senate in 1957. In the 2013 midterm-elections last May, a total of 84 celebrities, including TV celebrities, singers, sports, and news personalities cast their luck in political heavens. Indubitably, their impressive roles in our television sets and movie theatres had facilitated them to land into bigger roles, which entail bigger shoes to fill – as public officials in the Philippines.
trict of Manila for three consecutive terms, and presently, at the peak of his fortunes as the vice mayor of Manila.
The Puzons:
Political Constellation
Celebrities turned politicians, like pole-stars, are
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THE GAME CHANGERS Words by Erica Banzon, Robert Salao, and Jenica Ti
“The best and safest thing is to keep a balance in your life, acknowledge the great powers around us and in us. If you can do that, and live that way, you are really a wise man.”- Euripides
The Professor: Valerie May M. Cruz The First among Equals: Loralyn Lazaro
Finding an impeccable balance takes courage to preserve patience and trust in one’s self. For some, the struggle of searching for that balance might seem remote. Nonetheless, some Bedan students have proven that the search for balance, in a world of daily pressure and struggle, is not impossible. In this issue, we feature Bedans who have been able to manage the rigorous and demanding schedule of being law students, while excelling in fields other than the study of law.
The Student Leader: Maria Kathrina Silva Following the footsteps of her father, Kath is the incumbent Barangay Chairwoman of Barangay La Mesa, Calamba, Laguna. During her tender years, she experienced first-hand the rough and tumble of politics as her father would bring her to every meeting, forum, and gathering when he was still the incumbent. Inspired by the high esteem and warm welcome of her father’s constituents, she knew she was inclined to follow the footsteps of her father. At first, there were opposition for her to venture in politics as early as high school; but Kath proved that she could handle being the Sangguniang Kabataan (SK) Chairwoman, as well as the SK City Federation President for Calamba, Laguna. Kath took up BA Political Science at the University of the Philippines (UP) – Diliman, graduating Cum Laude in the process. At present, she is in her second year in San Beda College Alabang – School of Law (SBCA-SOL). Her mettle was tested during the finals week of the first semester of AY 2012-2013, when it was also coincidentally an election season. Along with that, she had commitments in school, which she postponed due to the conflict of schedule for the Meeting De Avance. She finally quips:”The system that we’re all in is not perfect. Even the people around are flawed, but so am I. When I want to change something, I take an initiative to make it happen. Simply giving up is never an option for me.”
The Entrepreneur: Jowee Ann Marquez She is definitely the Princess Diana of Themyscira in a corporate attire. Other than law school, she is also able to manage her start-up business, her hosting career, and her internship programs. She is a part-CEO of “Chillin’ Me Softly”, a retail trade of bottled homemade chili-garlic sauce. Jowee learned that with hard work comes greater remunerations. On weekends, she finds happiness and relaxation in being part of important milestones in people’s lives by hosting events. During summer breaks, she takes part in internship programs in order to utilize what she has learned in law school. She has been an intern for several departments such as the Office of the Solicitor General, Public Attorney’s Office, Quiason Makalintal Barot Torres Ibarra Law firm, and Kaisahan (a non-governmental organization). Jowee’s involvement in these departments opened an avenue outside of the classroom to prepare her for the real world – the practice of law. She was also exposed to legal work such as drafting documents and petitions, attending court hearings, and speaking in conferences and events. Moreover, she was able to meet and learn from several legal personalities. Drawing strength serve, Jowee conhard work, coupled ment, are the key said that the ultimate of academics and prayer.
from her inspiration to veys that determination and with prayer and time manageconsiderations to succeess. She secret to balance the pressures extra-curricular activities is through
You will never see Val without a smile on her face. Her warm and approachable vibe gives one the impression that she has all the time in the world. Unknown to many is the fact that she is also a professor in Miriam Highschool, teaching Asian History. She is currently handling 15 units at the SBCA-College of Arts and Sciences (CAS). Val graduated as a college scholar from UP Diliman with a degree in History. She recently got her Masters Degree in History, also from UP Diliman. Along with her teaching career, she is now on her third year in SBCA-SOL. It was an emotional rollercoaster for Val to have gotten this far in her career choices. Admittedly, she cannot have a spare time as she always wants to do something productive. On one occasion, she had to postpone her Master’s Degree because of the rigors that studying law demands from teaching, and the fact that her father was vacillating to the hospital. Val took a leave of absence from school and did some soul searching. She then found out that she was more on the edge while doing nothing. “Being busy kept me together”, Val said. Focusing on the goals of finishing what she has started motivated her to accomplish both her thesis in her Masters Degree and her teaching carrer in SBCA-CAS. She went back to Law school in 2012. Everything was going according to plan until her father succumbed to his illness on the same year. She again thought of setting aside law school. However, Atty. Oposa offered her to work for him as his Executive Assistant. This opportunity made her re-assess her goals. It also filled in the void and heartache from her father’s recent passing. Apart from teaching and studying law, she is the current VP for Communications for the Academic Bar Operations.
Loralyn Anne Lazaro, or Lora as some of her peers would call her, endures law school with the help of her faith and principles. Every day, she wakes up early in the morning to pray. Then, she studies dutifully, and subsequently, rewarding herself with a 15-minute break or power nap. On average, she calls off the daily grind by 12:30am. She believes that staying up late does not do well to her and her memory. She finds that this routine serves her good, physically and mentally. A fervent believer of good karma, Lora ensures that when it comes to school organizations, she must be punctual and helpful. She gets her drive from her family, who continuously inspire her to battle the pressures and challenges brought about by law school. For her, mistakes are inevitable even for those who excel. She admits that there are recitations where she could not formulate an answer, but this does not stop her to learn from her mistakes and rise up for the daily tasks of being a law student. Lora recommends having a balance in every aspect life as it is all a case of seamless time and priority management. With her spiritual belief, she trusts on the principle that excessiveness of anything is bad. Even though it is natural in law school to be drowned in waves of stress and pressure in law school, Lora finds strength through her peers, loved ones, and family. She encourages the Bedan community not to forget to seek for divine intervention, especially when the going gets tough. “… study hard, pray harder. Hindi ka makakasurvive and makakatapos sa law school ng puro aral lang at walang dasal. Hindi rin pwede yung puro dasal lang at walang aral.”
At the end of the day, we are all law students who continuously find strength and hope for better recitations, pleasant grades, and a good night’s sleep. But all of these are determined by the choices we make today. Jowee, Kat, Val, and Lora are the epitomes of the old saying-- “when the going gets tough, the tough gets going”.
OCTOBAR IS COMING: Annual Robing Ceremony and Send-Off By Charmaigne Pielagio
The San Beda College Alabang School of Law (SBCA-SOL)
community gathers every year to celebrate two significant events in the life of a Bedan law student. This year’s grand festivity was held last September 5 to formally welcome the freshmen and transferees as they donned their red regalia; and to bid the bar candidates farewell and well wishes as they prepare for the bar examinations. The Regalia The robing ceremony commenced with a Mass celebrated by Rev. Fr. Rector Anselm Manalastas, OSB at the St. Benedict Chapel. The community welcomed more than one hundred fifty new students and transferees as they put on their robe for the first time. This annual event happens at the beginning of each school year. In a speech by Prefect Atty. Bruce Rivera, he shared that most universities and colleges in the Philippines would bestow the regalia, hood, and cap upon graduation. However, SBCA-SOL has embraced the practice of American universities and colleges in requiring their students to wear the academic gown at every institutional assembly as a symbol of legacy and loyalty to their school. The Send-Off Party After the Robing Ceremony, the students, bar candidates, and professors proceeded to the Patio for the send-off proper. With a theme inspired by the American TV series “Game of Thrones”(GoT), the 2015 bar candidates were greeted by GoT cosplayers and fire dancers. Messages of friends, families, and professors of the bar candidates were presented in a video as prepared by the Academic Bar Operations. Dinner for the faculty and bar candidates followed at King Be Chinese Restaurant along Daang Hari. Atty. Jonalyn Porquez gave her inspirational speech to the bar candidates and offered tips in taking the bar examinations. Finally, Atty. Bruce Rivera officially closed the gathering by imparting to the bar candidates, an advice that they should take the bar as if it will be their first and last exam in their lives.
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THE RED CHRONICLES VOL. 8 NO. 1
Saan Patungo ang Wika Mo?
Words By Vienna Olga Parce Ngunit sa ngayon, mahirap na masabing alam mo “ pagsintang labis ng kapangyarihan. Sampung mag-aama’y ang wikang lokal kung hindi ka pa nakapagsalita o naiyong nasasaklaw! Pag ikaw ang nasok sa puso ninuman, haham- kakaintindi man lang ng Bekinese (“gay lingo”). Ito ngayaking lahat masunod ka lamang.” on ay tumataguri sa mga salitang gamit ng gay community at sa paglipas ng panahon, maging ng karamihan, kasama Bilang lalaki, kumportable ka pa bang sabihin ang mga ng iba pang sub-languages na nakasanayan na natin. Mula katagang nabanggit? At kung babae ka, ano’ng marara- sa mga salitang “ina”, “ama”, “ate”, “kuya”, “tita” ay nagmdaman mo kapag sinabi ang mga salitang iyan sa iyo? karoon na ng pagsasalin-salin ng mga salitang “mudra”, Sabagay, wala naman talaga iyan sa ating kinagisnan. Na- “pudra”, “ateng”, “atey”, “mars”, “mads”, “bro”, “brad”, basa na lamang natin ang tungkol kay Balagtas at sa iba at “girl”. Mula sa mga simpleng salita noong pagkabata pang akdang Filipino sa silid-aralan. Sa panahon ngayon, na, “antok” “gutom” at “ayaw” ay mayroon na ngayong maaaring mas naiintindihan mo na ang salitang Ingles, “antokyo japan” “tom jones” at “di ko bet”. Para sa nakaBekinese, at Jejemon. limutang salita o isang bagay na hindi kaagad matukoy ang salita ay “ano” “kwan” at “chienes” kapalitan ng “chorKung sususugin, nagsimula tayo sa ‘alibata’. Gamit ito va” na sa pandinig natin ay normal din ang gamit kapag ng mga ninuno natin bago pa man dumating ang mga sinabing, “kasama ko kasi si chorva kahapon.” Nariyan banyagang sumakop sa bansa. Samantala, ayon sa tala ng din ang “charot” mula sa dating “joke lang”, o ang isa kasaysayan, iba’t ibang wika na ang naunang umusbong pang bersyon nito na “chos”. at yumabong sa maraming bahagi ng Pilipinas bago pa man sinimulang linangin ang tinatawag na natin ngayong Paano man ang gamit ng wika, iisa lang naman ang wikang Filipino. Panahon ni Pangulong Quezon nang layunin ng lahat-- ang maipahayag ang nasa loob o ang bigyang pansin ang nasyonalismo kasabay ng pagkaka- damdamin. Maging ang kabataan kasi ngayon, hindi man roon ng isang pangkalahatang wika para maisakatuparan nag-aaral, ay hindi na rin nakakulong lang sa pambahay ang nauna. Tinaglay ng Konstitusyong 1935 ang mandato na diskurso. Ang mga batang nakapag-aral naman ay na ang magiging bagong wika ay iaayon sa mga kasalukuy- hindi na rin nalilimita sa mga libro at apat na sulok ng ang katutubong wikang meron sa ating bansa noon. Dahil silid-aralan. Bukod sa barkada ay nariyan ang iba’t-ibang dito, binuo ang Institusyon ng Wikang Pambansang may midyum lalo na ang social media at telebisyon na patuloy mga kasaping Hiligaynon, Ilocano, Bicolano, Samarnon, na hinuhubog ng tao at hinuhubog tayong lahat. Ang mga Cebuano, Pampango, Tagalog at iba pa. Sa bisa ng Execu- salitang hiram at dati’y wala namang kahulugan ay nagigtive Order 134, ang wikang “Tagalog” ang siyang naging ing parte na ng wikang kolokyal. pambansang wika ng Pilipinas, higit sa lahat, dahil sa pagiging lingua franca nito. Ngunit sa dami ng mga pagtuPara sa mga dalubhasa at mag-aaral ng panitikan, ang tol, ang Tagalog ay ginawa na lamang isang pormal na paggamit ng wika at pagkakaiba-iba nito ay may kinaladayalekto ng bansa at hindi wikang pambansa. Marami pa man sa power dynamics. Malaking impluwensiya din ang ang nangyari pagkatapos nito, katulad ng pagkakalathala paligid na ginagalawan ng tao sa kung paano niya tuluyang ng Balarila ng Wikang Pambansa ni Lope K. Santos na nagagamit ang wika ayon sa sariling pangangailangan para nagpakilala ng unang abakada, pagdating ng mga Hapon makapaglahad. at pag-uutos ng pangkalahatang paggamit ng Tagalog bilang midyum. Taong 1987 sa panahon ni Presidente Cory Sa panahon ni Pangulong Gloria Arroyo at sa bisa ng Aquino sinimulang kilalanin ang “Filipino” bilang opisyal Executive Order No. 210, sinabing ang wikang Ingles ang na wikang pambansa mula sa layong magkaroon ng “na- dapat na gamitin sa paaralan hanggang sa unibersidad. tionalistic academics”. Sa panahon naman ngayon ni Pangulong Aquino, ang patakarang bilingual kasabay ng pagtanggal ng Filipino Dahil kaakibat na ang pagtuturo ng wikang Filipino sa sa kurikulum at pagpapatupad ng paggamit ng “mother kurikulum ng mga paaralan, natutunan natin ang pormal tongue” mula kinder hanggang grade 3 sa ilalim ng K to na paggamit nito. Noon, naipakilala lamang sa atin ang 12 program ang siyang ipinapatupad. mga tunggaliang “Filipino” ba o “Pilipino”. Ano nga ba ang saklaw ng wikang pambansa? Paano ang mga tekniAng pagsilip na ito sa ebolusyon ng wika ay hindi pagkkal na terminong isasalin sa salitang gamit? Una, nariyan westyon sa kung ano ang tamang gamit at hindi. Bagkus, ang bersyon na Filipino “Tagalog-plus”. Binubuo ito ng tinitingnan nito ang pagiging malawak ng wika at ng kaiba’t-ibang banyagang salita maliban sa Tagalog. Tanggap layaan nating lahat na baguhin ito o di kaya nama’y badito ang ideya ng makabagong diksyunaryong Filipino likan ang dapat. Ang tanong, ano nga ba ang saklaw ng at direktang salin ng mga teknikal na salita sa Ingles at masasabi nating tunay na wikang Filipino? Espanyol. Halimbawa, diksyunaryo para sa ‘dictionary’, henetika para sa ‘genetics’ at kyut para sa salitang ‘cute’. Para sa may akda, ang wikang Filipino ay ang wikang Pangalawa naman ang Filipino para sa mga “purist”. Ito tumitingin hindi lang sa nakaraan kundi maging sa pagbaang Filipinong puro, para sa mga mas gustong linangin bago. Malaking bagay para sa paglinang, kasabay ng social ang katutubo, ang katumbas ng salitang ‘dictionary’ sa media at telebisyon, ang mga patakarang ipinapatupad Filipino ay talahulugan o talatinigan, at ng ‘silya’ ay upuan ng gobyerno, lalo na sa hinaharap. Ngunit, mismong ang o salumpuwit. taong gumagamit ang sana’y mas maging higit na mapaTHE RED CHRONICLES VOL. 8 NO. 1 30 nuri at hindi makalimot.
Settling the Makati-Taguig Jurisdictional Dispute Words by Maria Regina J. Martinez
O
Courtesy of www.google.com
A
central business district (CBD) is oftentimes dubbed as the heart of a city. This is where most of a city’s commercial and financial activities converge. In the Philippines, two of the prime CBDs are Makati City and Taguig City. Many foreign investors, as well local businesses, choose to establish their offices in these two cities. Although Makati has been the front runner for quite some time in terms of number of business investors, commercial establishments, and residential condominiums, Taguig is now quickly making its way to the top. In fact, in a survey of conducted by World Bank for its “Doing Business in the Philippines 2011” report, Taguig City ranked third in terms of Ease of Starting a Business, second in terms of Ease of Dealing with Construction Permits, and sixth in terms of Ease of Registering a Property. The competition between Makati and Taguig has deeper roots than just business rivalry. According to a research by Pronove Tai & Associates, the two cities have been battling each other over the Enlisted Men’s Barrio (EMBO) Barangays and Inner Fort Barangays as early as 1993. For years, the lower courts have affirmed and reaffirmed Taguig’s claim over the disputed areas. However, in 2013, Court of Appeals (CA) Associate Justice Marlene Gonzales-Sison ruled in favor of Makati, dismissing the complaint of Taguig for lack of merit and confirming that the disputed areas are within the territorial jurisdiction of Makati. To-date, the local government of Taguig continues to exercise jurisdiction over the area due to its pending motion for reconsideration with the Court of Appeals. Business and property taxes and permits are thus dispensed by such city. The CA rendered its decision based on the fact that a 1970 census in the disputed areas by the National Census and Statistics Office indicated that it was under the jurisdiction of Makati. Residents were voting in the national and local elections as Makati voters. The appellate court also noted that the Original Certificate of Title (OCT) 291 covered the parcels of land sold by its original owner Dolores Pascual Casal to the US government in 1902. Although the property was later converted into a military camp under the jurisdiction of Taguig, Pasay, and Parañaque, the disputed areas were neither covered by OCT 291 nor by any of its derivative titles. Taguig, on the other hand, claims that the disputed areas do not belong to Makati because they were not identified as having been created under Republic Act No. 3590 or the “Revised Barrio Charter.” CA countered this argument by stating that there is no need for such areas to be cited because they were already in existence prior the Act. The appellate court likewise pointed out that the evidence presented by the government of Taguig was neither identified, presented, nor authenticated in court. “[P]ublic documents,” CA said, “need to be identified by the government official or authority who prepared them because they are not conclusive evidence with respect to the truthfulness of the statements made therein by the interested parties.” In his recent television address regarding the controversy on the alleged overpriced Makati City Hall Building 2, Vice President Jejomar Binay claims that Makati has become a model of service to the people. Residents receive care and attention from the local government through its various health, education, and senior citizen programs. With the CA decision, it is apparent that the city can now provide more for its residents due to its projected revenue increase. Such increase is brought about by the huge local tax revenues emanating from Taguig’s Bonifacio Global City, one of the trendiest places in the country, which now belongs to Makati. In settling the dispute between the two cities, it is clear that, as of this time, Makati wins over Taguig. However, the battle is not over unless the Supreme Court declares it to be so. Taguig’s spirit is still fighting to emerge victorious. At the end of the day, no amount of statistics can justify as to whose jurisdiction the disputed area belongs to. It all boils down to the gravity of evidence each city can bring before our courts. It is our justices, and not the data or numbers, who should decide based on historical antecedence and legal bases.
OCTOBER 2014
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CASE UPDATE
“PRESIDENTIAL PORK BARREL
DECLARED PARTIALLY UNCONSTITUTIONAL”
FACTS:
The revelation made
by Senator Jinggoy Ejercito Estrada during his privilege speech last 25 September 2013 in relation to the allegation that he received pork barrel funds, sparked awareness of the nation to another scheme being practiced in misappropriating government funds. During his speech, Estrada revealed that some of the Senators were given an ‘incentive’ of an additional Php 50 million for voting in favour of the impeachment proceedings against former Chief Justice Renato Corona. Quick to respond, Secretary Florencio Abad of the Department of Budget and Management (DBM) explained that ‘incentive’ released to the senators are part of the Disbursement Acceleration Program (DAP). Said program was designed and has been practiced to increase spending “to accelerate economic expansion”. He further explained that funds were “taken from: (1) unreleased appropriations under Personnel Services; (2) unprogrammed funds; (3) carry-over appropriations unreleased from the previous year; and (4) budgets for slow-moving items or projects that had been realigned to support the faster-disbursing projects.”
ARAULLO VS. AQUINO III
Digest by Arianne Pascual
ISSUES: Whether the Supreme Court has
jurisdiction over the said petitions.
Whether or not the Disbursement
RULING:
Acceleration Program (DAP) is The petitions questioned the constitutionality of DAP, National Budget Circular No. 541 and, other related Executive issuances. Coined as the unconstitutional. “presidential pork barrel” by some critics, the acts being practiced under the DAP were said to have blatantly violated Section 29(1), Art. VI of the 1987 Philippine Constitution and were in complete In addressing this issue, the Court cited Section 1, Article VIII of the 1987 Constitution regarding judicial disregard of the doctrine of power. Having such power, the Court ruled that petitions for certiorari and prohibition are proper remseparation of powers. edies to question and/or prohibit or nullify the acts of any official of both the Legislative and Executive branch of the government. Moreover, the Court also declared that the petitioners have locus standi in Finally, after much anticipa- filing such an action having an issue of Transcendental importance for it was centered on the power of the tion, the DAP and its related Chief Executive to disburse public funds. issuances were partially declared unconstitutional last 1 As to the substantive issues, at the top of the list was the violation of the principle enunciated by Article July 2014. VI of the 1987 Constitution. The Court decided negatively on such issue for DAP is merely a program of the Executive branch and the funds had been set apart from the Treasury through the the General Appropriation Acts (GAAs) by Congress. Hence, the act of the President to adapt DAP is constitutional.
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However, the transfers made under the DAP were declared unconstitutional by the Court. To address such, the Court cited the requirements to have a valid transfer of appropriated funds, as provided under Section 25(5), Article VI of the 1987 Constitution, namely: (a) there must be a law authorizing such transfer; (b) funds are savings generated from appropriations; and finally, (c) transfer is to augment an item in the general appropriations law for their respective offices. To understand this further, savings and augmentations were also defined in the decision. Savings are “portions and balances” of any programmed appropriations. Augmentations, on the other hand, imply that there is deficiency in the funds of the project, hence, a need for transfer of additional funds. The Court agreed with petitioners when they raised the fact that the government is circumventing the provisions of Section 28, Chapter IV, Book VI of the Administrative Code regarding reversion of balances to the General Fund at the end of each fiscal year. Savings-generation measures were being implemented to have more funds available for spending upon discretion of the office. Furthermore, there were also augmentations that were cross-border or transferred to offices outside the Executive branch which was, again, a complete violation on the Constitutional provisions on transfer of funds. Another issue that was raised was the applicability of the controversial Operative Fact Doctrine. As stated in the decision, the doctrine “recognizes the existence of the law or executive act prior to the determination of its unconstitutionality as an operative fact.” It applies to extraordinary circumstances and is an exception to the general rule that void or unconstitutional laws produce no effect. The Court ruled that the doctrine applies in the case at bar but only to the projects, activities, and programs that can never be reversed and for those beneficiaries who relied on DAP’s validity in good faith. THE RED CHRONICLES VOL. 8 NO. 1
Question:
In the absence of SLG elections, what is your suggestion to ensure that the interest of the student body continues to be well represented? Nothing beats election to ensure proper representation. - Danielle Apostol, 4th year
Question:
Who do you think is the best Presidential candidate for the 2016 National elections?
Constant communication with the administration through social media. - Carlos Gliane, 4th year
Sen. Francis Escudero, for me, is the best presidential candidate for the 2016 national elections. Since the start of his political career, he has proven his intellect, his concern for the people, and his non-adherence to the majority. He speaks his I think it’s really important to have a representative. Or else mind; he does not let the mind of the majority control him. We it would be by hearing all the students out. - Bella Abelita, need a leader like that. One who knows what he is doing and not 3rd year let other people control him. - Mars Arcilla, 4th year Siguro dapat may 2 or more active na parties para mas Rodrigo Duterte. - Aron Menguito, 4th year maganda yung laban and walang monopoly. – Evan Medina, 3rd year Gordon. Haven’t seen any write-ups against him associating him with corruption and [he’s] very responsive disaster-wise. - Angel Ramirez, Ensure that the elections would be conducted per 4th year school year. Not all students desire to maintain their position as SLG officers for two consecutive Dean Ulan! Hahahaha. Hmm can’t pinpoint a particular person pa eh. terms since they also need to study. Election is a Basta huwag yung mga celebrity tulad ni Kris Aquino o Manny Pacquiao. must. Kung wala talaga, I think the class beadles Sana ung tulad ni Gibo Teodoro, may utak at kahit hindi maimpluwensiya may represent the student body. ang pangalan, alam mong magsisilbi sa bayan. - Charmaine Abes, 3rd year - Jon Tiburcio, 3rd year Miriam Defensor-Santiago. Enough said. - Jal Araña Cutaran, 2nd year There cannot be proper representation of a population without a government. Suffrage Binay. He’s got the will, the personality, the resources and the last name. - Martin must be exercised so that proper represenMendoza, 2nd year tation of a population is reflected through a form of government. I don’t believe that I have any candidate in mind for the 2016 elections. What is - Bernard Aurelio, 2nd year needed is a sociopolitical and economic revolution headed and governed by the progressive socialist Left - Bino Prieto, 2nd year [Conduct a] General assembly so we know the plans of the current SLG I think now is the time to give the Hon. Sen. Miriam Santiago a chance to do somefor this year? thing more for our country. Let her prowess in the field of law and governance (plus - Quino Go, 2nd year her wits) make a change in this country. - Jassy Rosit, 2nd year Allow or encourage the students Dick Gordon. Advocate of good governance. All bite, no bark. Pure public service and to participate more in student acnot politics. - Anonymous tivities. - Mark Cabisada Jurilla, 2nd year Grace Poe - Anonymous Have a quick poll to appoint a de facto leader/ head until a formal election can be held. Or, if a quick poll is not possible, why not ask the students if anyone wants to take the lead, at least for the time being? - Anonymous Support from the admin. – Anonymous
OCTOBER 2014
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5
Southern Nooks for Law Students
Words by Kelly Lao Photography by Sarj Mella
As law students, we constantly look for places where we can normally
hangout or just do our normal routine of hitting the books and study. Starbucks in Molito, in Northgate, and in Bf Homes Phase 1 and 3, are some of the common staples that law students visit. For those who are still in search of a new go-to-place, here is a short list of coffee shops near SBCA that you can check out.
Food Study Budget: Php250
Magnum Opus (2nd Floor, The Prime Building, #115 Aguirre Avenue, BF Homes, Paranaque) The second coffee joint along Aguirre Avenue hosts Magnum Opus. Mr. Jonathan Choi, its owner, is an Information Technology graduate who has an enormous passion for coffee. He shared that his love for this beverage inspired him to study everything about coffee and eventually led to the birth of this popular coffee joint last year. The words “Magnum” and “Opus” are Latin words which directly translate to “great work” to which the owner attested to being synonymous to “magnificent”. The owner assures all coffee lovers that the great work that they do with their coffee will give them a memorable experience at Magnum Opus. Mr. Choi explained that he wanted to concentrate in serving excellent coffee that is why customers are offered a restricted food range. Even so, customers will enjoy their delicious Monte Cristo Sandwich and their Sticky Date dessert, washed down with coffee. For their premium coffee, the most popular choice is the Chilled Heartbreak, which can also be ordered as a hot beverage. Their other coffee masterpieces are also recommended. The ambiance is surely conducive for studying although it will be pretty challenging once their patrons fill up the place. Studying outside is an option as long as you would be willing to be tanned by the sun. Parking is not really a problem since the building has parking spaces in front of it. Magnum Opus is open Tuesdays to Saturdays from 10:30am up until 11:00pm and on Mondays from 4:30pm until 11:00pm.
Press Café (Ground Floor, Fully Booked, Alabang Town Center, Muntinlupa City)
Food Study Budget: Php300
Evia (Starbucks or Coffee Bean and Tea Leaf)
Milky Moustache (#67 Aguirre Avenue, BF Homes, Paranaque) First of two popular coffee places along Aguirre Avenue is this new hub known as Milky Moustache, which is popular for their creative interpretations of the popular drink, the Milkshake. Some of the crowd favorites are the Nutella, Speculoos, and Kit Kat milkshakes. For caffeine-junkies out there, their French pressed coffee is a must-try. With regard to their food, their sandwiches as well as pasta dishes are also recommended. Students who are planning to study in Milky Moustache should consider well that it is near San Beda. Also, the food and drinks are budget-friendly. One should consider that its ambiance is more appropriate for people who are visiting just to hangout rather than hit their tomes and codals. Nonetheless, this Milkshake place is a must try. Milky Moustache is open Monday to Sunday from 12:00nn to 12:00am.
Located along Daang Hari, Evia is one of the new residential and commercial havens which features Starbucks Coffee and Coffee Bean and Tea Leaf, which are of course, two of the most popular coffee shops in the country. What excites people who visit the place is its laidback ambiance in the bucolic south. The fresh air and the quiet environment surrounding Evia make such place more than just the regular coffee shops. You would find it interesting that the Starbucks Coffee franchise here offers a drive thru service which is certainly convenient for those who prefer to stay in their cars to get a cup of coffee. The ambiance of the coffee shops themselves is tolerable than the usual, so studying will surely be a success. Evia however is best accessible by car, considering its distance from the main road of Alabang.
This Italian Café is located on the Ground Floor of the Fully Booked building situated along the new area in Alabang Town Center. Press Café can also be found and enjoyed in its other branches in Rockwell and Greenhills. It can be considered as a food haven since they have a wide range of delicious concoctions, that food lovers can try. The popular ones are the spicy quesadilla known as the Presadilla, and the Press Burger. With regard to their beverages, Press Café has a lot to offer too. Their coffee choices are really good and are quite strong so coffee lovers will surely enjoy drinking them, from the Macchiato to their interpretation of a normal Americano and Cappuccino. For non-coffee drinks, the iced tea in Press Café is something that should be tried. Its bohemian ambiance and quiet environment makes it a good and conducive place for studying. One can find an affinity with a lot of their patrons who do their occasional book reading in the cafe. Another plus is the location, since it is located along a mall compound. Press Café operates on a daily basis from Sundays to Thursdays from 11:00am to 10:00pm and on Fridays and Saturdays from 10:00am up until 11:00pm. Food Study Budget: Php450
Food Study Price: Php400
Café Alezon (#146 Tropical Avenue, BF Homes, Paranaque)
Food Study Budget: Php250 This hidden nook located along Tropical Avenue is owned by Mr. Venjoy and Mrs. Ana Alegre. The name Café Alezon is inspired from the name of the deceased oldest brother of Mr. Alegre. Mr. and Mrs. Alegre thought of putting up a Café Alezon when they came back to the Philippines in honor of Alezon and his love for art and food. Ms. Ana Alegre describes this hub as a bistro that serves their family’s best recipes which explains their diverse menu. Their all meat and vegetarian pizzas are simple but scrumptious. The paella was really tasty too and is good for sharing with your family and friends. For dessert, the cookie shot is a creative addition in their menu, knowing that majority of other cafes in the south has yet to adopt this in their menus. The iced tea in this bistro is something special. The Turkish coffee is something coffee lovers should try since it has a unique taste mainly because of the use of Cardamom in it. Studying will definitely be a delight when done in Café Alezon as the ambiance, as well as the music, complements the studying vibe. Cars can easily park at the side of the streets of Tropical Avenue. Bedans should consider its distance from school. Café Alezon is open on Mondays to Saturdays from OCTOBER 2014 10:00am- up to 10:00pm.
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Give us a glimpse of the different shades of your emotions Give us a glimpse of the different shades of your by sending your contributions at the_redchronicles@yahoo.com on oremotions before 30 November 2014. by sending your contributions at the_redchronicles@yahoo.com on or before 30 November 2014. 36