Nag-iisang Isagani A. Cruz

Reading Supreme Court decisions is dreary. The decisions are so long that after reading them, all you want to do is sleep. But rarely does one experience it if one were to read a decision written by former Associate Justice Isagani A. Cruz. They say Justice Cruz is one of those rare breed of lawyers who could both write and reason well. Here's a random sample and you be judge:

"Zeal in the pursuit of criminals cannot ennoble the use of arbitrary methods that the Constitution itself abhors." (Bagalihog vs. Fernandez, G.R. No. 96356 June 27, 1991)

"Laws must come out in the open in the clear light of the sun instead of skulking in the shadows with their dark, deep secrets...The furtive law is like a scabbarded saber that cannot feint, parry or cut unless the naked blade is drawn." (Tañada vs. Tuvera, G.R. No. L-63915 December 29, 1986).

"The possible exception is the lawyer whose income is derived from teaching ballroom dancing or escorting wrinkled ladies with pubescent pretensions." (Dissenting, Cayetano vs. Monsod, G.R. No. 100113 September 3, 1991)

"[S]ocial justice –– or any justice for that matter –– is for the deserving, whether he be a millionaire in his mansion or a pauper in his hovel. It is true that, in case of reasonable doubt, we are called upon to tilt the balance in favor of the poor, to whom the Constitution fittingly extends its sympathy and compassion. But never is it justified to prefer the poor simply because they are poor, or to reject the rich simply because they are rich, for justice must always be served, for poor and rich alike, according to the mandate of the law." (Gelos vs. CA, G.R. No. 86186 May 8, 1992)

"Unless we are vigilant of our rights, we may find ourselves back to the dark era of the truncheon and the barbed wire, with the Court itself a captive of its own complaisance and sitting at the death-bed of liberty." (Dissenting, Valmonte vs. De Villa,G.R. No. 83988 September 29, 1989)

Update: See Justice Cruz's concurring opinion in Adiong vs. COMELEC, G.R. No. 103956 March 31, 1992 and dissenting in National Press Club vs. COMELEC, G.R. No. 102653 March 5, 1992.

Victims of Love

To be a lawyer in this country is never easy. It takes eight years of formal study (4 years of Pre-Law & 4 years of Law proper), a year of preparing for the Bar Exam, and an eternity of reading, reading, and reading. It also takes a lot of sacrifices, many are supreme but some are trivial. Thus, being disbarred is perhaps the most painful thing that can ever happen to a lawyer.

That is why, in Buado vs. Layag, the Supreme Court said, "Disbarment is the most severe form of disciplinary sanction.  The power to disbar must always be exercised with great caution, for only the most imperative reasons, and in clear cases of misconduct affecting the standing and moral character of the lawyer as an officer of the court and a member of the bar."

Yet in the case of former PBA Commissioner Atty. Noli Eala, that's the price he had to pay for having the right love at the wrong time.

Better Handwriting, Better Chances at the Bar Exam

No one can tell for sure because no one stands behind the examiner, looks over his shoulder, and see how he checks the exams. But rumor has it---and in fact it's an oft-repeated warning by law professors---that if an examiner doesn't find your handwriting palpable to read, they'll toss off your exam booklet and give you a failing grade.

"Remember class," law professors would say, "most of the Bar examiners are already old." By old they probably meant grandfather old. They don't have the luxury of time to decipher what you wrote in the booklet. Neither do these examiners possess the Rosetta Stone which could help them understand Hieroglyphics. This belief is not baseless at all. Every year there are at least 5,000 Bar takers. Imagine if one examiner would spend half an hour reading one exam booklet, he won't meet the deadline.

Thus, law professors constantly remind first year law students to improve their handwriting. If not, forget about being a lawyer. Trivial as it may be, one's handwriting could pose a great obstacle to one's ambition.

The story may be apocryphal, but they say that there are those who took the bar twice or thrice before they passed. The defect has nothing to do with their knowledge of the law, but it has everything to do with their handwriting.

What then should the proper handwriting be? Or is there a prescribed or preferred handwriting? Should we write in cursive or in print?

There's I think no proper or prescribed form of handwriting when taking the Bar Exam. All handwriting, however, should have the same characteristic---legibility.

Now this is an example of legibility.

This is the actual Bar exam notebook of Atty. Ralph Sarmiento, Dean of University of St. La Salle, College of Law. He was Top 10 in the 1997 Philippine Bar Exam.

It may not be true that Bar examiners checked exam booklets solely on the taker's handwriting, but it doesn't hurt to improve one's handwriting.

Digest A Case Your Way

There's a marked difference between the law students then and the law students now. Of course, the law students then are probably lawyers now.

What I mean, though, is the way the Internet affects the study of law today. One of the wonders of the Internet is its power to connect people across different time zones and places. For instance, a law student studying in Manila can talk to a law student studying in Davao, thanks to Skype, YM, Facebook, Twitter, etc. A law student can share his digested cases by posting it in his blog or website. And everyone is free to copy it.

When a professor assigns a case or two for the students to read, it's tempting to seek the aid of the Internet. Just type the case title. Then voila! There you have it. Google, or whatever search engine you're using, will provide everything for you----the case digest with a link to the full text of the case.

I've done this many times myself. When I don't have enough time to read the case in its entirety, I read the case digest people in the cyberspace provide. But I find it counterproductive because after reading the case I'm left with more questions than answers. How did the RTC justify its ruling? What was the CA's rationication (I hate this word) in granting or dismissing the appeal? How did the Supreme Court rule on the CA's ruling?

Of course, the exact answers to those questions can only be had if one were to read the entire case. Yes, reading digested cases saves me a lot of time. But it doesn't save me from the grueling question and answer portion law professors like to subject their students.

That is why I think it's better to read the entire case and make your own case digest. Reading a case in its entirety gives you a better grasp of the case. And making your own digest allows you to present the case in a manner that fits your style and frame of mind the most because you made the digest yourself.

Strive for Simplicity, Not Legal Pugnacity

Justices, judges, lawyers, and law students are a brilliant lot. Too often, however, their brilliance is lost when they start writing down their ideas. The case of Leonor vs. CA  drives home this point.

The decision of the Trial Court regarding the merits of the case is as repugnant as the manner by which the decision was written. This is the first paragraph of the judge's decision, quoted in Footnote 13:

This is an action for “Cancellation of Entry in the Civil Registry” particularly on the marriage contract of one Mauricio Leonor, Jr. and Virginia Amor supposedly to have taken place in a long distance past on March 13, 1960 and after a Rip Van Winkle sleep and dormancy liken to a Mt. Pinatubo explosion that rocked the peace and quiet in the lives of the supposedly participants to this drama in Calatrava and San Carlos City, Negros Occidental when out of the blue one party in the person of an aggrieved left-behind spouse revived and revealed an ancient piece of marital bond between her and a reluctant spouse.

What's wrong with the paragraph? Everything, except perhaps for the spelling.

No less than the Supreme Court, through Justice Panganiban, called the language of the decision "convoluted," "painfully a sophomoric and pathetic portrayal" of Virginia, the petitioner in this case.

Further, the Court tersely remarked, "The said decision’s crude attempt at literary sophistication is matched only by its jarring syntax and grammatical incongruencies."

In his essay "On Developing My Decision-Writing Style," former Chief Justice Artemio Panganiban, this time not writing for the Court, shared the motive behind every decision he wrote.

"Even though my decisions are written primarily to resolve legal issues and are thus emblazoned with a considerable amount of legalese," he said, "I have endeavored to write in simple English, comprehensible as much as possible to a high school graduate.  I want to be understood not only by the legal profession but also by the parties themselves, especially by persons accused of crimes, and by the public at large as regards cases involving interpretation of the Constitution."

"More than lingual elegance and even legal pugnacity," he further said, "I strive for simplicity, clarity and precision in nuances and shades of meanings.  I believe the trend in all professions and occupations -- be they medicine, theology, science or music -- is to be understood not just by the members of that particular discipline but by the public at large."

Thus, lawyers and law students alike should strive for the same simplicity, clarity, and precision. After all, writing aims to reveal rather than conceal.

Sakses!

[caption id="attachment_2366" align="aligncenter" width="510"] The book is published by Central Bookstore.[/caption]

A law student's life is filled with drudgery. But, as Blas Ople said, "Every one of us has his proud moments that seem to recapitulate all past struggles---that lift us from our plain and humdrum lives to an exalted state."

I just recently have one such moment. In August this year, the Philippine Association of Law Schools (PALS) organized a nationwide essay writing contest for law students.

Out of the participants from Luzon, Visayas, and Mindanao, ten finalists would be chosen. Of the ten, three would be declared winners.

Why I said I recently have my proud moment? Lest you be misled, I didn't win. Here are the winners:

• 1st Place: Archimedes D. Suganob of St. Mary's College of Law, Tagum City.


• 2nd Place: Julius Caesar Domingo of St. Mary's University, Bayombong Nueva Vizcaya.


• 3rd Place: Euangeli P. Doromal of Cor Jesu College, Digos City.

I'm proud that two of the winners come from Mindanao. I think they all deserve to win, for how can a lowly man like me beat a mathematician/physicist, a Roman Emperor, and an angel?

Seriously, though, I'm proud because PALS has this little book called "In The Eyes of Law Students: The Secret Formula of Teaching Law," which contains, among others, the essays of the winners and ten other finalists.

What of it?

Nothing, except that I'm one of the finalists and my essay is in the book. If you're someone who has a literary pretensions, seeing your work published  is like releasing the feces that have been inside your stomach for quite a while.

No wonder, people say "Sakses!" after defecating.

Creating a Better World, Oppan Onyot Style

I want to be a lawyer because, for me, it’s a good way not only to earn a decent living but to help mankind at the same time.

My family is poor. My father never had a stable job. He used to work as a truck driver, a passenger-jeepney driver, and a taxi driver. My mother is not rich either. Although she inherited a small piece of land from her mother, she sold it to pay for my sisters’ college tuition fees. She also tried her hand selling native delicacies like suman, puto, and biko. She also peddled detergent soaps and viands. Now she runs a small laundry business that she’s struggling to keep alive. Our family is so hard up that I was able to finish college only because I got a scholarship that required me to work in the library in the morning and study in the evening.

If you live this kind of life that I live, you’d think of nothing else but a way out. To become a lawyer is my choice of a way out because, well, lawyers tend to be better off among the professionals, if not among the really rich ones. The idealist in me, however, finds becoming a lawyer merely for profit too small a dream. For sure, we need to aspire for the creature comforts because if the body is weak, we couldn’t possibly perform even the simplest of tasks. Yet I believe that our responsibility is not only to make ourselves better off, but, as Justice Oliver Wendell Holmes, Jr. said, also to “share the passion and action of his time.”

That makes the profession of law most fascinating. No other profession is so immersed in the passion and action of life than the practice of law. Sadly, however, lawyers get such a bad rap from typical portrayals of them as bad guys in movies and books. Even so, there are a few lawyers who are truly admirable. There are lawyers whose concern is not so much about making a nest-egg from their profession but about leaving a legacy.

To my mind, Antonio Oposa, Jr. of the Philippines is one such lawyer.

Having seen the wanton plunder of the environment in our country, Mr. Oposa decided to use the law—the only available weapon in his arsenal—to defend and protect its forests. He sued Fulgencio Factoran, the then Secretary of the Department of Environment and Natural Resources, to demand, among others, the cancellation of all the timber-license agreements that the Philippine government had been wantonly giving. The case, which came to be known as Minors Oposa vs. Factoran, was the first of its kind in the world, for its plaintiffs are thegenerations yet unborn; it used the principle of “intergenerational equity,” a concept developed by Georgetown Law Professor Edith Brown Weiss. The Regional Trial Court dismissed the case on the ground that the unborn generations didn’t have a legal standing. In 1993, however, the Supreme Court reversed the lower court’s decision.

The Supreme Court said in its judgment: “...[E]very generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology...the right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.”

Protecting the environment is just one of the many battles that Mr. Oposa has been valiantly carrying out, and his efforts have not gone unnoticed. In 2009, he was awarded the Ramon Magsaysay Award—the Asian counterpart of Nobel Prize—for “his path-breaking and passionate crusade to engage Filipinos in acts of enlightened citizenship that maximize the power of law to protect and nurture the environment for themselves, their children, and generations still to come.”

Mr. Oposa belies the popular belief that lawyers are crooks and liars. I believe that like Mr. Oposa, there are many more self-abnegating men and women of law out there. They may not drive fancy cars. They may not hold office in high-rise buildings. Instead, what they seek to leave behind is far more lasting: a better, safer, and just world.

I myself aspire to become a crusading lawyer like Mr. Oposa. I have no illusion, though, that the problems of the world will go away instantly simply because I decided to become a lawyer and a good lawyer at that. For indeed, what can one individual like me do? My answer is this: A great edifice is built not by a single person but by many people working side by side. Alone, I may not be able to build the edifice for a better world. But by being a good lawyer, I will help construct that great edifice brick by brick until it becomes a reality.

Surviving Downtown Cebu

While people were coming in droves to Davao City to join the Kadayawan Festival last August, we were heading to the opposite direction. We booked a flight to Cebu, and left Davao while people were insanely figuring out which shopping malls to go just to witness the artistas do something that would pass off as an entertainment.

"What are you going to do?" my friends wondered when I declined their invitation to join the fete.

Some, however, suggested what things we should do, which places to go, what food to eat, and what activities to try while in Cebu.  They say we should visit the miraculous Simala Shrine, or swim with the Butanding in Oslob, or go farther north and experience the beauty of Bantayan Islands which others daresay is  better than Boracay, what with its white sand beaches, crystal blue waters, but minus the crowd. Another also suggested that we try the Death By Chocolate at Casa Verde, which, in fact, I already tried the first time I went there. We should also visit, they suggested, CarCar and try its Lechon.

Since we only stayed in Cebu for three days and two nights, we did none of the above. Instead, we just roamed around downtown Cebu. We experienced the Skywalk and Edge Coaster, which, by the way, can be cheaper if you bring, as we did, a Student ID. We also went to places which make Cebu remarkable: Basilica del Sto. Niño, Magellan's Cross, Fort San Pedro, Cebu Capitol, and Taboan where you can buy danggit.

Staying in Cebu City's downtown is adventure unto itself, and living there is like surviving a day or two in a jungle fraught with danger. Its streets---particularly Colon Street---are teeming with snatchers who blend in so well with the crowd you won't even suspect they have a sinister plot.

The taxi driver who took us from the airport to the hotel where we stayed forewarned us. He told us the story of two graduating Nursing students who were accosted by the hold-uppers. One ran away, prompting the hold-upper to shoot the other who was left lest the latter would run as well.

On the night we had the Skywalk and Edge Coaster, we asked the guard from the Crown Regency which route is going to the Basilica del Sto. Niño. The hotel where we stayed was just near the Basilica. He gave us a worried look, and advised us to take a taxi instead---it's much safer.

Most of the horrifying stories told to us happened in and around Colon Street. Colon is the oldest street in the Philippines. Sadly, though, it's not known today as such, but as a bastion of snatchers and other thugs. What was once an asset of Cebu now became its liability.

Happily, we were able to go home unscathed and spared from the horrors some people we know experienced.

1st Sem of Law School, kumusta?

I passed my Persons. I got 2.8 (82). I'm proud of it. I thought I'm going to get a 75 or below. My only concern now is Consti Law and Crim Law. The grades are not yet in.

Now that the semester is over, and another semester is about to begin, maybe I should share, albeit very briefly, what I've been through for the past five months by answering the most frequently asked questions people asked me about studying law.

1. Is law like any other course?

No, it's not. The study of law is like a jealous mistress. It demands so much from you---time, energy, resources---that you wouldn't even notice that you're giving more than what you have. Of course, that's what our professors told us in the beginning. But I must say, it depends on how you take it. If you take it too seriously and impose unnecessary pressures, then you will most likely be unnecessarily pressured. The opposite is just as fatal. If you take it too lightly and do not discipline yourself, then you will most likely fail.

The most important thing is to strike a balance among your many-faceted life. Study hard. Party harder. Go out if you can. Watch a movie. Hangout with your friends. Talk to people. Read newspapers, not just some antiquated cases dating back to the time when our country is still called the Government of the Philippine Islands.

2. Do you memorize all those laws, articles and Republic Acts?

You can if you want. But so far no professor of mine has yet required us to memorize all the laws we discussed. Why? Because that's plainly impossible. And don't tell me about Mike Ross of Suits----he's a figment of someone else's imagination. But there are times when our professor would let us memorize VIP (Very Important Provisions) of the law.

3. Did you join a fraternity?

No, I didn't, and neither did most of my classmates. And we see no reason to change our decision. And the frat is no guarantee that you would pass all your subjects although they say that the frat's a big help. Your "Ka Brod" would provide the materials your subjects required, saving you a lot of time. Still, nothing beats studying, for what good are the materials your frat provides if you don't bother studying them.

4. Is it true that it's a plus if you have a good penmanship?

I think so. The professors are full-time practicing lawyers themselves. They don't have the luxury of time to decipher every student's handwriting, for it's a double burden----first, the prof needs to decipher your handwriting; and second, the prof needs to understand the meaning of what you've written. Yet make no mistake---it's still substance over form. Many of my classmates have some damn good answers but still scored low. And I submit it's because they have a penmanship that looks like a scribbling of a toddler. The good news is that it can still be remedied. How? There's no easy formula for this. My classmates does so by making notes using cursive.

5. How do you manage it?

Studying law while working full-time is really hard, especially during the first few months. I was so stressed out I thought of quitting. But I figured I was so hard on myself. As the months went by, though, I was able to find my learning style and establish my rhythm. Here's my daily routine.

7:30-4:30 - Work, but I sometimes study in-between my classes.

5:30-8:30 - Attend classes.

10:30 -11:30 - Study for the next day's class. I normally don't stay so late at night. If I go beyond 11 or 11:30, my brain absorbs nothing, and it's just a waste of time for time to be awake. So I sleep, and the next day my brain is again ready to work.

Thus far, that's 1st sem. And I'm pretty sure the 2nd sem will be twice difficult. Oblicon is every day. God bless us all.

Suicide or homicide?

One night, while we were in Mama Maria’s Pizzeria, waiting for the rain to stop, we watched in disgust the incident that happened in LRT 1. A woman jumped onto the railway and was hit by the train and was eventually killed. People who saw the incident said it was clearly a suicide. The train’s driver was, however, charged with reckless imprudence resulting in homicide.

My companions were upset. How come he was charged when the woman’s death was plainly not the driver's own doing? I said, “Well it’s ok. The real question is will he be convicted?”

I submit no; the accused is exempted from the criminal liability under Art. 12, paragraph 4, of the Revised Penal Code, which provides:

“Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.”

Before such exempting circumstance can be validly invoked, the following elements must concur:

1. The accused is performing a lawful act;


2. The accused is performing the lawful act with due care;


3. The accused causes an injury to another by mere accident; and


4. The accused acted without fault or intention of causing it.

Now, let’s examine each element and see if they are present in the circumstance that surrounds the incident.

1. The accused is performing a lawful act

Never has it been decreed in this country that to maneuver a train is unlawful. To the first element, check.

2. The accused is performing the lawful act with due care

Unlike other vehicles, a train follows the railway. It can never overtake another vehicle, make a U-turn, or drift. And it only stops at its designated train stop. So to the second element, check.

3. The accused causes an injury to another by mere accident

What is an accident? “An accident is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences.”

The train driver couldn’t have foreseen that someone will jump onto the railway because common sense has it that no man in his right mind would jump onto the railway and came out unscathed or alive.

4. The accused acted without fault or intention of causing it

That the woman jumped onto the railway is no fault of the train driver. There is no way that he can prevent the woman from doing so. Neither is it his intention to hit the woman.

Therefore, having satisfied all the elements, the accused will most likely be exempted from criminal liability for the death of the woman.

No courtroom drama

According to my professor in Stat Con, there are lawyers who have never really gone inside the courtroom, either to argue for the defense or the prosecution. That is why he required us to attend one court session, and see for ourselves what goes on inside the courtroom. Lucky for us because Judge Pelagio Paguican of RTC  Branch 12 is the first cousin of our classmate. So we were accommodated easily.

Yesterday was our scheduled courtroom visit. There are nine cases slated for the morning session. All are criminal cases. Some are for trial. Others are for arraignment.

When I knew that the cases we were about to witness were for trial, I for one expected to witness a cross-examination of witnesses because it is sometimes the most combative part of the trial process, and it's the part that is often portrayed in films and Pinoy Soap Opera. It's when we often hear the counsels' "Objection Your Honor!"

But I was not able to witness what I expected. Most of the cases up for trial were rescheduled because either the complainant or the witnesses did not show up. There was no courtroom drama.

Nevertheless I'm happy with the outcome of our visit because, at the very least, I understand now why P-noy want to appoint someone who can institute real reforms in the judiciary. Just look around the Benigno S. Aquino Jr. Hall of Justice and notice the facilities and equipment there.

Whether the new Chief Justice is up for the challenge I don't know.

Memorable Decisions

Since Christopher Columbus Langdell pioneered the method in Harvard Law School, the Casebook method has been a fixture of any law school, especially in the Philippines whose system of legal education is largely based on the American system.

The Casebook method goes like this (at least, as it is practiced in UM College of Law): A professor assigns several cases, landmark or otherwise, to the students. These cases are chosen because they illustrate how a usually vague  provision of the law is applied and given meaning by the Supreme Court. The case is then discussed together with the provision of the law. The professor asks a hapless student about the case's facts, the issues it brought before the court, and the court's ruling.

A professor, however, assigns so many cases that a student finds himself in a quagmire. For example, a professor assigns five to ten cases for the next meeting's discussion. And that's just for one subject. Then another professor in another subject assigns the same number of cases. Then a third does the same.

No wonder students like me hold the casebook method both deplorable and lovable. Indeed, what has emerged is a love-hate relationship between the student and the method.

There are, however, few cases that I couldn't just forget because I find them queer or interesting:

Chi Ming Tsoi vs. Court of Appeals, G.R. No. 119190 January 16, 1997

This is a case where the wife filed a petition to have her marriage annulled on the ground of psychological incapacity under Article 36 of the Family Code. What did the wife say that constituted psychological incapacity? In the short period of time that they lived together as husband and wife, the wife couldn't stand anymore the "senseless and protracted" refusal of the husband to have sex. How the Supreme Court ruled. Go read the case.

Silverio vs. Republic of the Philippines G.R. No. 174689 October 22, 2007

Petitioner Rommel Jacinto Silverio is a well-educated man. He has an M.A. and PhD in Sociology from University of Hawaii, in Manoa. Then he went to Bangkok, Thailand, and had his penis removed, and in lieu of it is a vagina---a procedure commonly called as sex reassignment. Now because of her sex reassignment, she petitioned to have his name changed from "Rommel" to "Melai," and his sex as well, from "male" to "female." Why? Because he wanted to be married with his American boyfriend here in the Philippines.

Question: May a person successfully petition for a change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery? The RTC where Silverio filed his petition said yes. "The court is of the opinion that granting the petition would be more in consonance with the principles of justice and equity. With his sexual [re-assignment], petitioner, who has always felt, thought and acted like a woman, now possesses the physique of a female. Petitioner’s misfortune to be trapped in a man’s body is not his own doing and should not be in any way taken against him."

The Supreme Court was, however, not impressed, and overruled the decision of the lower court.

Republic of the Philippines vs. Cagandahan G.R. No. 166676, September 12, 2008

In this case, Cagandahan was Christened as Jennifer. Problem was she diagnosed with Congenital Adrenal Hyperplasia (CAH), "a condition where persons thus afflicted possess both male and female characteristics." Cagandahan also seemed to have two sex organs. Growing up, however, she thinks, feels, and acts as a male person. Thus, she prayed that her birth certificate be corrected such that her gender be changed from female to male and her first name be changed from Jennifer to Jeff.

The lower court granted her petition, and the Supreme Court concurred. It said: "In so ruling we do no more than give respect to (1) the diversity of nature; and (2) how an individual deals with what nature has handed out. In other words, we respect respondent's congenital condition and his mature decision to be a male. Life is already difficult for the ordinary person. We cannot but respect how respondent deals with his unordinary state and thus help make his life easier, considering the unique circumstances in this case."

Class Materials

Here are the slideshows for Aralin 1, 3 and 4. Plus the Project Plan and the Template for the Project Proposal.

Aralin 4: astong Pagpapahalaga sa mga Pinagkukunang-yaman

Aralin 3: ng Katangian at kahalagahan ng yamang tao

Aralin 1: Ekonomiks sa paglipas ng panahon

Project Plan: First Grading

Project Proposal: Template

One month in the College of Law

Exactly a month has gone by since I started my law studies. Many things can be said of law school. Only two points will I make:

1. Raw intellect is not enough

It pays, of course, to have a high level of intelligence and common sense in law school. Professors assign so much reading assignment. Usually these materials include statutes, EOs, memoranda, and Presidential Decrees. And the standard fare in law school---kilometric Supreme Court decisions that are most often than not written in a circumlocutory manner.

Intelligence is therefore needed in reading and understanding those materials. But reading and understanding those materials is one thing. Securing copies and finding time to actually read them is another.

In this case, intelligence can be of little help. Diskarte can be of great help. For example, Supreme Court cases are found either in the internet, in the voluminous Supreme Court Reports Annotated (SCRA). If you are a working student like me, how on earth will you find time in looking for the cases assigned and read them afterwards?

Which leads me to point number two.

2. Selfishness has no place

I find that making friends---especially full-time students---who can share materials with you is key. It must be noted, though, that a mutualistic relationship must be cultivated, not a parasitic one. One must also be ready to share what one has. Otherwise, your friends will soon realize that you're just using them.

And it might spell the end of one's career, even before one has not made such.

 

Let peace be our star

Below is a speech I gave at the launching of the Araling Panlipunan Area's Peacebook Campaign on July 9, 2012.

Respice stellam. Look at the stars. That’s the motto of our school. The star has always been within our sight, but never within our reach. Peace is like the star: always within our sight, but never within our reach.

For sure, all of us agree that there should be peace among peoples of Mindanao. We just can’t agree, however, how exactly we can achieve peace.

For the separatist factions, only when Mindanao is made into an independent state can there be real peace. By then, wars between the government and rebel groups will have ceased. Muslims will be free from the shackles of Imperial Manila. They will have governed and managed their own resources.

For the government, only when rebels and those who took up arms against the government are eliminated can there be real peace. Socio-politico-economic and educational reforms are hard to initiate in a war-torn environment. Remove the rebels, peace will follow.

For us Marisians, how can we help achieve peace?

Let’s be guided by our motto. Respice stellam. Look at the stars. Indeed, we are asked only to look at the stars, not to get hold of it. For no man has ever gotten hold of the star. But stars have guided countless men in their quests.

Let peace be our star. We may not get hold of it, but it would guide us in all our dealings with men of different class, color, and creed.

Professor Edith Brown Weiss said “In all that we do, we inherently represent not only ourselves but past and future generations. We represent past generations, even while trying to obliterate the past, because we embody what they passed on to us. We represent future generations because the decisions we make today affect the well-being of all persons who come after us and the integrity and robustness of the planet they will inherit.”

As representatives of the future generations, how can you ensure that they will enjoy the blessings you are enjoying now? What specific ways will you take so that those who will come after you shall look to the past, not with grudge, but with gratitude?

Wet and wild

Those in the field of education know very well that 'tis the profession that is fraught with so daunting a task that if one were not to take an occasional break, one would surely be stressed out. Sometimes, it takes nothing less than a trip somewhere else to renew the energy and vigor that teachers badly need to face a new set of challenges the new school year might present.

One such trip took place on June 08, 2012. To have their Socialization, teachers, administrators, and staff of Stella Maris Academy of Davao went to Matin-ao Inland Resort, New Corella, Davao del Norte. There, the teachers and staff gamely participated in the activities the Socials Committee prepared.

In the beginning of the program, all the eight Emmaus groups presented their impromptu yet entertaining cheers and yells. Then the parlor games ensued. All enjoyed playing such games as “Bandaging” where they demonstrated what they learned from the First Aid Training they had; “Ipasok mo, Baby” where they had to string using a yarn all the members of the group while in the on the swimming pool; and “Isda Me?” where they had to swim and get as much Bingo tiles as they could.

The Socialization lasted only a day. Yet one could see that everybody came home not with a sense of regret, but with a sense of joy and fulfillment. For, it’s not everyday that they get to relax from their tedious work.

Project Law School relaunched

Two years ago, I launched a project here called Project Law School. In that project, I plan to document my experience while studying law. Of course, it didn't materialize. Instead of proceeding to law, I went to teach at Stella Maris.

Now, since I have actually started my law studies in University of Mindanao, I'm relaunching the Project. I cannot assure, however, that blog posts will be more frequent, considering the tedious work in school and the equally stressful demands of law studies.

Almost all of my law professors warned us that Law is like a jealous mistress. It demands so much of your time, talent, and treasure. One week into law school, I know now whereof they speak. Indeed, it isn't easy. In one subject, as many as ten cases will be assigned for you to digest (make a brief). Every day is a recitation day. And sometimes, just when you thought a provision won't be discussed because it's insignificant, you are suddenly called by your teacher to recite in toto that insignificant article.

But why continue if we are not compelled to endure all those things?

I don't know about them, but for me, my only consolation is that I know this won't take long. As Ma'am G used to tell us, "Better suffer for four years than suffer for the rest of your life."

Creating a better world brick by brick

I want to be a lawyer because, for me, it’s a good way not only to earn a decent living but to help mankind at the same time.

My family is poor. My father never had a stable job. He used to work as a truck driver, a passenger-jeepney driver, and a taxi driver. My mother is not rich either. Although she inherited a small piece of land from her mother, she sold it to pay for my sisters’ college tuition fees. She also tried her hand selling native delicacies like suman, puto, and biko. She also peddled detergent soaps and viands. Now she runs a small laundry business that she’s struggling to keep alive. Our family is so hard up that I was able to finish college only because I got a scholarship that required me to work in the library in the morning and study in the evening.

If you live this kind of life that I live, you’d think of nothing else but a way out. To become a lawyer is my choice of a way out because, well, lawyers tend to be better off among the professionals, if not among the really rich ones. The idealist in me, however, finds becoming a lawyer merely for profit too small a dream. For sure, we need to aspire for the creature comforts because if the body is weak, we couldn’t possibly perform even the simplest of tasks. Yet I believe that our responsibility is not only to make ourselves better off, but, as Justice Oliver Wendell Holmes, Jr. said, also to “share the passion and action of his time.”

That makes the profession of law most fascinating. No other profession is so immersed in the passion and action of life than the practice of law. Sadly, however, lawyers get such a bad rap from typical portrayals of them as bad guys in movies and books. Even so, there are a few lawyers who are truly admirable. There are lawyers whose concern is not so much about making a nest-egg from their profession but about leaving a legacy.

To my mind, Antonio Oposa, Jr. of the Philippines is one such lawyer.

Having seen the wanton plunder of the environment in our country, Mr. Oposa decided to use the law—the only available weapon in his arsenal—to defend and protect its forests. He sued Fulgencio Factoran, the then Secretary of the Department of Environment and Natural Resources, to demand, among others, the cancellation of all the timber-license agreements that the Philippine government had been wantonly giving. The case, which came to be known as Minors Oposa vs. Factoran, was the first of its kind in the world, for its plaintiffs are the generations yet unborn; it used the principle of “intergenerational equity,” a concept developed by Georgetown Law Professor Edith Brown Weiss. The Regional Trial Court dismissed the case on the ground that the unborn generations didn’t have a legal standing. In 1993, however, the Supreme Court reversed the lower court’s decision.

The Supreme Court said in its judgment: “...[E]very generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology...the right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.”

Protecting the environment is just one of the many battles that Mr. Oposa has been valiantly carrying out, and his efforts have not gone unnoticed. In 2009, he was awarded the Ramon Magsaysay Award—the Asian counterpart of Nobel Prize—for “his path-breaking and passionate crusade to engage Filipinos in acts of enlightened citizenship that maximize the power of law to protect and nurture the environment for themselves, their children, and generations still to come.”

Mr. Oposa belies the popular belief that lawyers are crooks and liars. I believe that like Mr. Oposa, there are many more self-abnegating men and women of law out there. They may not drive fancy cars. They may not hold office in high-rise buildings. Instead, what they seek to leave behind is far more lasting: a better, safer, and just world.

I myself aspire to become a crusading lawyer like Mr. Oposa. I have no illusion, though, that the problems of the world will go away instantly simply because I decided to become a lawyer and a good lawyer at that. For indeed, what can one individual like me do? My answer is this: A great edifice is built not by a single person but by many people working side by side. Alone, I may not be able to build the edifice for a better world. But by being a good lawyer, I will help construct that great edifice brick by brick until it becomes a reality.

Why ganahan ta pag summer?

[caption id="attachment_2273" align="aligncenter" width="744" caption="Aklan State University-Annex Campus, the venue of CFC-YFC ILC"][/caption]

[caption id="attachment_2274" align="aligncenter" width="744" caption="Free maghigda-higda bisan dili guest basta wala lay laing nag-higda"][/caption]

[caption id="attachment_2277" align="aligncenter" width="744" caption="Reunion sa mga Nitibo sa Canibad"][/caption]

Why we always like to look forward to summer?

We look forward to summer because we like to look back at summer. Summer is the time of the year when most of the memorable things in our lives happen.

Consider circumcision. Sa panahon ni Kristo, ang pagpatuli usa ka tradisyon. Kung pisot ka, "OP" ka sa ilang culture. Diri sa Pilipinas, sa summer kasagaran naga patuli ang mga estudyante. Obvious kaayo ngano sa summer ginapahigayon ang operation tuli diri. After man gud magpatuli ang bata (pero naay uban nga tiguwang na nagapatuli), dili siya makasuot ug shorts or maong pants. Dako nga sinina or duster sa iyang Mama or Lola iyang dapat suoton. Ngano man? Para dili ma-rub ang samad. Kung masangyad mang gud sakit kaayo ug basig dugay maayo.

Karon imagina kung tingklase ka magpatuli. Instead na school uniform imo suoton, duster or dako na sinina. Tanawon ta ug dili ka kataw-an o sungogon sa imo mga classmates.

Ang pagpatuli usa lang ka topic nga ginaistoryahan sa mga estudyante kung mamalik na sila sa klase. Asa ka nagpatuli bay? Sakit? Pila ka semana bago naayo? Gwapa ang nurse nga nag-assist?

As for me, I have several fond memories of summer. Pero I would particularly remember this year's summer. Karon ra siguro na summer nga over ra pud ako laag. Naabot ko ug Aklan ug niattend sa International Leaders' Conference sa CFC-YFC. Sa wakas, akatamak ko Boracay. Pag-abot gikan sa Boracay, pila lang ka adlaw nagcelebrate napud ug birthday sa akong Mama sa BlueJazz. Pagka-ugma niadto napud ug Canibad para mangaligo uban ako mga barkada sa college.

Sa akong mga laag karong summer, pinaka memorable tingali ang pag-adto nako sa Boracay uban akong GG ug mga YFC. Nindot gyod diay ang Boracay. Although dili nimo kailangan muadto didto para masulti unsa kanindot ang Boracay. Naa may Internet. I-Google lang nimo then daghan na kaayo ka mahibal-an about Boracay. Pero lahi ra gyod kung ikaw mismo ang makaexperience sa kanindot sa Boracay. Dili necessary na magsakay mo ug Banana Boat or Flyfish or mag Helmet Dive mo didto. Bisan pag maglakaw-lakaw lang ka sa whole stretch sa sikat na White Beach malingaw na ka.

Mafeel nimo ang pino nga balas. Lahi ra pud iyang kapino. Dili pareha sa balas sa Samal nga naay sagol bato, didto pino gyod siya. Way sagol bato. Puro balas, puti nga balas.

Ang nakalamang lang I think sa Boracay is that wala gikuralan sa mga tag-iya ang ilang luna duol sa dagat. Makasuroy ka sa tibuok baybayon sa White Beach nga di na kailangan musaka sa kural or musuong sa mga harang kay wa may kural nga katkatan o harang nga suongan in the first place. So bisan pa sa Station 1 or 2 or 3 ka magstay dili kaayo magmatter.

Ug isa pa walay entrance fee sa Boracay. Mao ni kasagaran pangutana sa mga tao sa akoa sa dihang nahibaw-an nila na gikan ko didto. Pero dili nako sila ma-blame. Naanad man gud ta diri sa Davao maski sa Samal na ang mga dagat una ka makasulod mubayad sa ka ug entrance fee.

Isa pud sa mga misconception about Boracay is that mahal daw kung muadto ka didto. Pagkaon pa lang, takigan na ka. Pero sa pag-adto namo didto, akong nasuta nga dili man kaayo mahal sa Boracay as people made it out to be. Imoha nang choice. Kung gusto ka na mahal imong mga pagkaon, tulogan, ug tambayan, then adto ka didto sa mga mahalon. Kung cash-strapped ka ug gusto lang nimo muadto sa Boracay for the sake na makaadto ra ka kay magpicture-picture, then muadto ka didto sa mga pagkaunan na kaya ra sa imong budget.

Daghan pa ko gusto i-share. Pero base sa ako word count 600 words na ako nasulat. So ngano ganahan man ta pag summer? Alangan mao ra man ang panahon nga taas-taas atong lugway na mulaag, magdula, etc. Sulayi daw ug bakasyon kung ting-klase, diba inig balik nimo wa na kay trabaho o bagsak-bagsak gyod na imong grado.

How far will you go to prove your love?

I will go as far as Aklan.

Marianne and I will be leaving for Aklan on April 13 to attend the International Leaders' Conference of the Youth For Christ. She talked me into this. Of course, I didn't hesitate. Attending the ILC is like hitting two birds with one stone. We'll be able to have a trip together and at the same time thank God for making our relationship stronger and healthier.

Also the reason why I agreed to join, though I'm no longer a YFC but already an SFC,  is that Aklan is near Boracay, and Boracay is in our list of must-visit places. So we'll be going there, too,  by the end of the conference which will be at 12 noon of April 15. We'll stay there overnight, and then go home.

While in Boracay, we'll probably try some recreational activities like Banana Boating and Underwater Walking. But we can try those somewhere else. So I'm thinking of doing things we cannot do here, things one can do only in Boracay.

How about a walk along the beach? Who knows, we just might get sight some actors and actresses and controversial couples?

Confessions of a Marianne devotee

[caption id="attachment_2221" align="aligncenter" width="744" caption="Marianne and I during the JS Prom held at the Davao Convention Center."][/caption]

My girlfriend, Marianne, is a deeply religious woman. She is surrounded by equally religious people. Her sister is a nun, a member of the Ancillae Christi-Regis or Handmaids of Christ the King. Her parents are active members of the Couples for Christ. Her maternal grandmother came from Bohol, perhaps one of the regions in the Philippines that can be considered a bastion of Catholicism. She's not given to curse words. I never heard her say f*** or s***. She's ill at ease with people who backbite. She doesn't mingle with sycophants.

The problem is not that she's not virtuous enough. It's that she's so virtuous our colleagues say, and they sometimes tease me about this, that she's more likely to enter the religious life. Fear gripped me every time they talk about her being a nun. I couldn't stand to lose the woman I love.

I was afraid again when one day, a congregation visited Stella Maris to sell books and other religious articles. One nun gave her an invitation form. If you want to join our Search-In, the nun told her, fill out the form. She told me about the invitation. I feigned not to be affected by it and convinced myself to be realistic. It's just a Search-In, I kept telling myself, she's not going to be a nun yet. I prayed to God not to let the Search-In come to pass. God must be listening, for she was not able to attend the Search-In.

I somehow regretted having a girlfriend so in love with God. But later I regretted having regretted that I have a girlfriend so in love with God.

In the middle of October last year, I joined the Singles for Christ. In one of the teachings, we were taught that the first Christian ideal is to love God. Thereupon it dawned on me that I should not get in the way of my girlfriend and her God. And it's a precept we all would do well to follow.

If your girlfriend loves God more than you, don't hinder her. Feed that love.

If she wants to go to the Church, let her go to the Church. If possible, go with her.

If she wants to pray the Holy Rosary, let her pray the Holy Rosary. If possible, pray with her.

If she wants to visit the Adoration Chapel before going to work, let her visit the Adoration Chapel. If possible, visit with her.

My girlfriend loves God above all---above work, above family, above herself, and above me.

Do I envy it? No. Do I get frustrated if much of our time is spent attending masses? No. Do I feel like baduy if we spent our monthsary in Shrine? No.

Lest you think I'm a martyr, I'm not. But why I'm doing all these? It's because I've just unfolded the secret to a happy relationship, and it is this: A person who loves God shows that love by loving others. So the more I help her enkindle her love for God, the more she loves me back as an expression of her love for God.

Trust me. There's no point threatening your girlfriend she can't find someone like you, so she has to stick with you and follow whatever you want. And if you want to marry her someday, you must love the God she loves and follow what Shamcey Supsup said.

During the Q&A portion of the 2011 Miss Universe, Vivica A. Fox asked Shamcey Supsup if she would change her religion to marry the one she loves.

“If I had to change my religious beliefs," Shamcey said, "I would not marry the person that I love because the first person that I love is God who created me and I have my faith and my principles and this is what makes me who I am. And if that person loves me, he should love my God too.”

Onyot's Trip: Walang basagan ng trip!

[caption id="attachment_2201" align="aligncenter" width="394" caption="Taken during our trip to Seagull Mountain Resort (Seagull 3), located on the outskirts of Bukidnon and Davao City (BuDa)."][/caption]

I have many nicknames. But it's "Onyot" that survived the test of time. I don't mind if you call me Onyot. I have become used to it anyway. In fact, now I like it when you call me Onyot. It's as if you and I have known each other for so long a time.

So I'm Onyot, and ito ang trip ko.

Trip, in English, denotes a "voyage," a "journey." But from the dingy and squalid kanto and looban of Philippine slums to the posh and bongga subdivisions, the word "trip" takes on a different meaning.

It refers to the things you do to break your humdrum routine, to express your in-ordinariness in this ordinary world, to wean yourself from a stressful work, or to try things for the sake of trying them.

Someone's trip might be food, manicure, or, uh, saving Mother Earth.

But sometimes if you do something as outrageous and bizarre as the acts of Jesse Caigoy,"Master of Pain," something as outlandish as having a Winnie The Pooh tattoo on your back, something as banal as planking, people would ask you this standard question, "Anong trip mo?"

"Wala lang!," or "Walang basagan ng trip!" is, of course, the standard retort.

When I started teaching, in 2010, I thought my teaching experience would be a fodder for my blog. I thought the bouts with students in particular and school life in general would be a well from which I can draw inspiration to blog. But no, I was caught in the thick of making lesson plans, preparing slide presentations for class, making test papers, checking test papers, recording and computing grades, reading essays, accompanying students to contests and conferences, meeting with parents, and complying with a host of other paper-works.

As a result, blogging became less frequent. Blog posts were sparse, mostly limited to announcements, slide shows for students to download, and a few lousy write-ups---lame attempts at reminding people who stumble upon this blog that its owner still exists. Soon, all I wanted was not to blog more often, but to have a goodnight's sleep.

Nevertheless, I continue to write. Sometimes, if I have time I write about teaching. I never write about sleeping. Most often I write about my activities in between---mga bagay na trip kong gawin.

That explains why I found the name of this blog---Onyot's TRIP---most fitting because this blog has been, is, and will always be about my trip: trip as a journey and voyage, and trip as wala lang, I just feel like doing it.

So welcome to Onyot's TRIP. And please walang basagan ng trip!

5 foolproof, tried-and-tested, and damn-so-accurate tips on how to finish high school with honors, and the law of success, etc.

[caption id="attachment_2174" align="aligncenter" width="744" caption="Photo courtesy of Shella Mae Cascaro-Amba"][/caption]

The graduation ceremony is over. We call it commencement exercises here. Rightly so. As Bob Teh points out in his blog, "...aren't ends just beginnings in disguise?"

To witness a graduation ceremony is inspiring enough, especially when you see the graduates' teary-eyed parents, and to witness graduates who graduate with flying colors is even more edifying.

"Sir, what's the secret?" students often asked me.

I don't know. Perhaps it will never be known---it's not called secret for nothing.

Besides, why would students often ask me that. I've never been an excellent student myself. The only thing I can boast of is having graduated cum laude (which is really not as difficult as whistling while eating a polvoron), and being hailed as Mr. Heart 2008. Ehem!

But I have five tips to offer anyway. I'm not that sure if these tips would work for you, but they did work for me. Here goes:

1. Cut classes.


2. Don't take down notes.


3. Cheat.


4. Always be absent.


5. Disregard numbers 1 to 4.

Many years ago, there lived a man who never graduated from college. He opted to compete in the larger university of life. But boy was he successful. He's one of the architects of the Labor Code of the Philippines, and figured prominently as a former president of the International Labor Organization.

He was Blas Ople.

He once gave a commencement address, and pondered what's the law of success.

"The nearest thing to a law of success," he said, "is that if you are committed, you will succeed. The strength of commitment can even be quantified—in terms of the time and effort you allocate to your goals, not in sporadic burst, but in a steady state."

An armchair environmentalist

[caption id="attachment_2133" align="aligncenter" width="720" caption="Tree planting is one of the requirements of the fourth year students of Stella Maris Academy of Davao. (Photo courtesy of Herica Tiu.)"][/caption]

Even if I flunked one grading period of my high school Chemistry and even if Science is a subject I don't particularly have a strong affection with, I know what global warming is. It is partly caused by human activities. We released too much greenhouse gases---carbon dioxide and methane are some examples---into the atmosphere, so that they form a kind of blanket that traps the heat that entered the planet instead of being bounced back out of the planet.

There is no panacea to global warming, but the most common, one that has in fact done by many people in many places, is to plant trees. For, trees sequester carbon.

I've done tree planting before, and I could tell it's exhausting.

But to those who want to help Mother Earth but have no time to go out and plant trees, one can blog. Yes, in lieu of planting is blogging.

Spelunking in Kapalong

This summer, if you live in Davao City or anywhere in the country and you think of going to Palawan's underground river and go spelunking---defined by Merriam-Webster as the "hobby or practice of exploring caves"---think again. You just might want to try the caves first right in your own backyard.

I've never heard that there are caves in Kapalong, Davao del Norte, and not just caves made by the Japanese when they invaded the country. These are caves formed by nature, made beautiful by nature, chiseled by nature, and molded by nature. The result: A stunning natural wonder that just might provide yet another recreation and education for Filipinos and foreigners alike this summer.

I've never heard of those caves, not until I met my girlfriend, Marianne. She lives in Brgy. Sampao, Kapalong, Davao del Norte. Kapalong is 72 kilometers away from Davao City. It can be reached via Tagum City or Sto. Tomas. Kapalong is subdivided into 14 barangays: Semong, Florida, Gabuyan, Gupitan, Capungagan, Katipunan, Luna, Mabantao, Mamacao, Pag-asa, Maniki (Poblacion), Sampao, Sua-on, and Tiburcia.

Once, when we were talking about what to do this summer and how can we spend it, we actually thought of many things.

"How about Boracay?" She said.

"That's nice. I've never been to Boracay," I replied. "But I want something physical and adventurous this summer."

"Why don't we go caving? There are lots of caves in Kapalong. When I was in fourth year, we have tried caving. It was a bit tough, but it's fun."

We plan to go spelunking this April, after the fiesta in Brgy. Sampao. You might want to try it, too.

The caves that she's talking about are in Brgy. Su-aon, which the local government has turned into a Nature's Park. Brgy. Su-aon is more or less a one-hour ride from the Kapalong Municipal Hall, which is in the poblacion (Brgy. Maniki).

One can actually choose to explore one or more caves open to the public: Okbot, Alena, or Otso.

According to the Davao Speleological & Conservation Society (DSpeCS), Okbot cave was named "after a native medicine man named Okbot who uses the cave as his ritual site and the shelter of his family during calamity." There exists "wondrous stalactites, stalagmites, columns, crystals, cave corals and other cave formations..."

The Otso cave was named after the novelty song "Otso-Otso," popularized by the comedian-turned-recording artist Bayani Agbayani. The cave is located in Purok 8 of Brgy. Sua-on, and since at the time Bayani's song was popular, they called the cave as such. Otso cave also offers the features of Okbot cave, but one thing that makes it more inviting (or repelling) is the presence of King Cobras, locally known as "Banakon."

Alena is a contraction of the words Alimasac and Nacario---two families who own the farm where the cave is located. Inside is a very cold stream that refreshes spelunkers' tired toes.

The Su-aon Underground River is also a must-see. In this case, however, if you're wearing a watch, you need not just an ordinary watch, but a Spyder Submerge Watch, a 100m Water Resistant Alarm with Stainless Steel Back Rubber Strap, so that when you wade through the waters you need not lift your hands up lest your watch might get wet.

You might ask where's the adventure there when all you need to do is enter a cave, marvel at the intricacies of several cave  formations, and then go out?

Spelunking is not as easy as it may seem. The DSpeCS says that spelunking is more than just going in and going out of the cave. For one, you need to ensure your safety. So you need some pieces of equipment: Flashlight, Helmet (a Spyder preferably, if there is one), a pair of Spyder sunglasses to protect you from the glare of the sun as you need to walk to the caves, and a Spyder watch to make the transfer from one cave to another like clockwork. Of course, to fully appreciate the majestic beauty of the cave, you don't wear the shades while inside the cave. You might also want to bring a bottle or two of Gatorade to hydrate yourself from time to time.

Since you poke around the cave by walking---walking on uneven surfaces, rough and sharp stones---don't forget to wear a pair of good and sturdy shoes. skechers GOrun footwear lends a helpful assistance in this case.  While skechers GOrun protects the spelunker's feet from those petty physical predicament, skechers GOrun doesn't deprive the spelunker the opportunity to feel the roughness of the surface, the sharpness of the stones, and the contours of the cave's floor because skechers GOrun, among others, "brings you closer to a barefoot experience and provides impact protection."

Over and above all, you need to learn some basic caving techniques.

"Much of the technique of caving is learned through going caving," DSpeCS says, "and each person will tend to develop their own unique caving style to suit the type of caves they frequent and their own physical characteristics (height, weight, strength, etc.)."

"The best way to learn effective and safe caving technique," DSpeCS adds, "is to go with experienced cavers and pay attention to what they are doing and the advice they have to offer."

In spelunking, there's a big probability that you'll be bruised, scratched, and wounded. But  to come out of the cave unscathed, according to the DSpeCS, it pays to know how to move, crouch, duck-walk, hands and knees crawl or even belly-crawl your way through narrow and low-ceiling passages, uneven terrain, and rough and sharp stones.

So if you're planning to have an adventure-filled summer, try spelunking, and try it in Kapalong, the "Caving Mecca in Mindanao." And it doesn't hurt if you strut a pair of Spyder shades on your way to the caves.

This post is an entry to Spyder-charge your summer blogging contest.

Jonathan Bangayan, Valedictorian

On March 9, 2012, in the cold Audio Visual Room filled with nervous and excited fourth year students, the honors for the Stella Maris Academy of Davao (SMAD) graduating class of 2012 were announced. Through a video presentation, the awardees were shown, and each picture flashed is greeted with "Woaws," or "Yes!," or "Wows."

And then the most awaited came, the valedictorian award. For this school year, two got the most-coveted and perhaps the most difficult-to-get award: Jonathan Bangayan and Fredrich Nierra.

Both richly deserved the award, but I'd like to dwell more on Jonathan because the story of Jon, as we call Jonathan, is a remarkable one.

Perhaps six or seven years ago, nobody would have thought he'll be the class valedictorian. He was just not a shoo-in for the award. Jon is not your typical promising youth who was spotted early on, groomed until graduation, and awarded meritoriously. His is a story of determination, persistence, courage, and passion.

This is what I noticed about how most people write a biography of someone else. It usually begins with the first encounter of the writer and the subject---the circumstance, the atmosphere of the location, or the general mood. I will not succumb to the formula by writing where I first met Jonathan. Besides, I cannot recall anymore under what circumstance that I got to know that a Jonathan Bangayan exists in SMAD.

Back when he was in grade school, Jon was, in his words, a non-entity, almost unheard of. He never figured in contests or in any other school activities. His world was small. He had only few classmates whom he could consider as friends. He had barely involvements in activities outside the school. And he seemed to have gotten used to the grinding sameness of his school life.

Academically, Jon was not that slow. Far from it. But he was just not the top or the best in just about every subject. He even ranked 60th out of over a hundred students.

Despite the lackluster performance in grade school, Jon remained persistent, and showed that one's past does not define one's future, although for most of us we make it as our impetus to recreate ourselves and rise to greater heights.

Jon said it was his parents who prodded and encouraged him to excel and succeed. Jon had a low opinion of himself, but his parents showed him that there's more he could do and give. And succeed Jon did.

Jon started joining extra-curricular activities. He relished outreach activities as a way to widen his horizon. It's with this outreach that it dawned on him that there's another world besides his own---a world far harsher and meaner than his cocooned existence. He harnessed his speaking skills. He joined the Debating Team of the school. He tried hosting. He also tried courting a few girls (one or two), though Jon is so coy to admit it that he wouldn't openly talk about it and would rather brush the topic aside.

In short, he immersed himself in the hustle and bustle of high school life. And all his self-deconstructing and reconstructing effort culminated in third year high school when he ranked first among his batch-mates. For Jon, there's no way but up. So when he reached fourth year, he rose even higher---higher than most people expected.

And now, Jon is class valedictorian, together with Fred. Jon is also the candidate for the 2012 Most Outstanding High School Graduate.

Jon's story in a way mirrored my student life story. In high school, I was an underachiever. I belonged to the general section. In the hierarchy of sections in Davao City National High School, the general section is at the bottom-most tier. I flunked in one grading period in Chemistry. We loitered at the bilyaran or internetan.

And so, my high school classmates were surprised when I graduated cum laude in college.

"Unsa imo gikaon?" I was often asked.

Well, you can ask Jon the same question. I am sure his answer has nothing to do with food. It has everything to do with old-fashioned virtues of patience (which, by the way, is the section of Jon now) in times of frustrations, determination in times of failures, and faith in times of uncertainties.

Posting via mobile phone

This is my first time to use my mobile phone to blog. I don't know if this will work. If you'll be able to read this, then it works. If not, then it doesn't.

Davao belongs to us all

A city is like a coin. It has two faces: one shows the head; the other, the tail. The head is what the tourists like. It's number one in their itinerary. The tail they hardly visit. Or if they happen to visit it at all, perhaps it's  by accident. Maybe they got lost. Maybe it's a necessary passage, an unavoidable route that they have to take, to get to their actual destination. Either way, it's out of the plan. Tourists, foreigners and Filipinos alike, hardly visit a city to see both faces, unless he happens to be a UN Special Rapporteur mandated to gaze at both head and tail.

Davao City is no different. It has two faces. One is beautiful; the other, ugly. One is serene; the other, noisy. One is hospitable; the other, hostile.

Ask any tourist what they like about Davao, and you get a plethora of answers: Durian and all its by-products (Durian jam, Durian cake, Durian pie, Durian cappuccino, Durian candy, etc.), Mt. Apo, Philippine Eagle, Kadayawan, Crocodile Park, People's Park, the Dutertes, the Central 911, the stability and order, the cleanliness, and the relative peace and quiet of the city.

Then ask the same tourist if they know, drop by, or ever heard of Tionko Avenue where, if night falls, prostitutes trooped and congregate; or Piapi Blvd., Barrio Patay (BarPa for short), and S.I.R. Matina---few places in Davao notorious as a safe haven of petty thieves, drug-users and pushers, and other outlaws---ask that tourist, and you get a point-blank "No."

For tourists they have a choice to visit or not to visit those places. For a Davaoeño like me, who has lived here for 23 years now, it seems that I don't have any choice. I have to live with what Davao has got to offer me whether I like it or not. I have to accept that Davao will always have two faces no matter how I try to make a facelift on it.

But, in fact, I do have a choice. I can, for instance, choose to live in Cebu that is beginning to look like Makati, what with its skyscrapers sprouting like mushrooms here and there. I can choose to live in Ilo-Ilo City where the suffocating and congested city streets and sidewalks are absent.

Yet I choose to live here, although leaving Davao is not an utter impossibility. Some people I know have made that choice, too.

Most of my colleagues in Stella Maris Academy of Davao, where I teach for almost two years now, are not born and raised in Davao City. My two High School Librarian friends are both from Digos, but have been in Davao for more than a decade, though they still go to Digos every now and then. Two of my male colleagues are from Sto. Tomas, Davao del Norte. My co-Social Studies teacher and classmate in college is from Mati. Our principal is from Sta. Cruz, Laguna. One Filipino teacher is from Zamboanga del Norte. One Physics teacher is from Pantukan. I also have co-teachers from mainland China. My girlfriend, who teaches MAPEH in the same school, is from Kapalong.

Though we came from different parts of the country, born and raised under different circumstances and stations in life, what binds us is that we've all found a home here in Davao.

I haven't gone to too many places outside Davao City. The farthest that I've ever been to are Ilo-Ilo and Cebu. And on the two occasions that I was there, I could say that Davao City offers the same wares and wonders, goods and getaways, and scenic spots and services, which those places offer.

But I think what separates Davao City is that it belongs to us all. It belongs as much to me as it belongs to my colleagues from Digos, Sto. Tomas, Pantukan, Mati, Kapalong, Zamboanga, Laguna, and China.

Davao belongs as much to Dawn Zulueta (who lives, by the way, in one of the high-end subdivisions somewhere in Buhangin) as it belongs to the Maranao vendors at San Pedro Street, to the Koreans of DCLA at Uyanguren, to the Filipino-Chinese traders at Monteverde Street, and to the Bajaos on Davao's busy streets.

Davao belongs as much to the Dutertes, Nograleses, Bonguyans, Villa-Abrilles, as it belongs to our favorite kwek-kwek vendors,  to the multicab drivers, to the funny barker in Gaisano Mall who is wont to say "Sit erect," "Sit properly," and "Move sideward."

Davao belongs as much to the prominent Davaoeños as it belongs to the many obscure men and women who make Davao City colorful, vibrant, and throbbing with life.

Davao belongs to everyone, and everyone can live and make a life here if one believes, as I do and as others do, that life is here.

Submitted as an entry to the 75th Araw ng Dabaw Blog Competition

Twitter as an ally in learning

Parents, teachers, and school administrators are wary of student use of social networking sites, particularly Twitter, a micro-blogging platform that enables users to post messages (or Tweets) up to 140 characters. It sits well with the students since they need not compose a long article, which admittedly most of them find it hard to sustain.

Our students spend so much time with it, losing their precious little time to studying. We are afraid that, if unchecked, this will have a detrimental effect on our students’ academic performance.

A recent study, however, shows just the opposite. The study, “The effect of Twitter on college student engagement and grades,” is led by the team of Reynol Junco, a leading scholar who explores the nexus between social media and education.

125 college students participated in the study. One group of 70 students was required to use Twitter for educational purposes. Another group of 55 students was required to communicate through a traditional learning system.

The findings belie the claim by many that social networking sites, particularly Twitter, are detrimental to the academic performance of students. Junco et. al. found out the following:

• The Twitter group’s score in engagement—defined as “the amount of physical and psychological energy that the student devotes to the academic experience”—was almost twice as much as the group who used traditional communication methods.


• At the end of the semester the Twitter group’s average GPA was .51 higher than the control group.


• Students were also surprisingly comfortable with candid expressions of their feelings and their short-comings.


• Student use of Twitter generated more and different types of questions than would have been generated in typical class discussions on the same topic.


• Using Twitter in educationally relevant ways had a positive effect on student engagement.

Social media is not just a fad, only popular to this generation, and will soon wither into oblivion. It is, as Eric Qualman argues, a fundamental shift in the way we communicate.

As teachers, we must understand the dynamics of our students. We must meet them where they are, Reynol Junco said. And nearly all of them are in social media. We must seize the opportunity this digital era presents to us and take full advantage of the social media, particularly Twitter, if only to help our students learn.

Embittered over 'tweets' in Twitter, or How not to deal with controversial digital speech?

You updated your Twitter. You made a comment about your school. You are sure your school administrators wouldn't like. But, you think, it's a fair and valid comment. And to be scientific, it's a comment that is based on empirical evidence.

Then somebody print-screened your and your friends' tweets. The print-screened tweets found their way to your school administrator's table. The next day, you and those who made "negative" comments were called by school administrators.

You asked why. Nothing, they replied. The admin just wanted to talk to your group. Then you found out why. The admin was disappointed, nay, offended by you and your group's tweets. You were reminded not to do it again and to be careful with your tweets.

Worse is, just when you thought it's over, you found out you were punished. Your conduct grades were decreased. Why? For making such comments.

Too often, students find themselves embroiled in this situation. And too often, school administrators take punitive steps to respond to this.

It can't be denied that the Internet and the social networking sites are now the new plaza. That's where most of the young people stay and hang out, though they don't necessarily have to leave their homes. That's where students talk, send Private Message, Comment, Like,  Tweet and Retweet, search, select and invite Friends, and Share stories, photos and links.

Indeed, that's where everything gravitates towards, at least for the "Digital Natives."

The pervasiveness of the Internet and especially the social networking sites in the lives of young people poses several challenges, among others, to the school administrators.

The Internet has given young people another venue where they can exercise their freedom of speech and expression. Through the Internet, they voice out their opinions. They comment on issues which they think matter---the impeachment trial of CJ Renato Corono, the deluge of concert by foreign artists this Valentine season, the death of Whitney Houston, and, yes, the improvements or lack thereof in their school. They express their disgust over everything else they find disgusting.

No less than the Constitution guarantees and protects that freedom. And the students can enjoy that same freedom, and indeed a robust exercise of that freedom must be encouraged, provided they are forewarned not to go beyond the ambit of the law. As Justice Dante Tinga said, in his separate opinion on Chavez vs. Gonzales, "For as long as the expression is not libelous or slanderous, not obscene...it is guaranteed protection by the Constitution. I do not find it material whether the protected expression is of a political, religious, personal, humorous or trivial nature - they all find equal comfort in the Constitution. Neither should it matter through what medium the expression is conveyed, whether through the print or broadcast media, through the Internet or through interpretative dance. For as long as it does not fall under the above-mentioned exceptions, it is accorded the same degree of protection by the Constitution."

This freedom of speech, however, like all other freedoms, can be potentially abused. And if it is abused or seem to be abused, how then should we deal with it?

Should we punish students or threaten them with suspension or deduction of grades for posting innocuous remarks in Twitter or Facebook? Should we berate the students and give them a mouthful of reminders?

The valedictory speech I never gave

(Graduation is drawing near. When I was about to graduate from college, I dreamed of delivering a valedictory speech, but that dream would remain just that: a dream. If I were to deliver the valedictory speech, however, I would've given this speech.)


I wish I could talk about how our government manages the public money, so that the accountancy and commerce students could relate to me. I wish I could talk about our criminal justice system, so that the criminology student could relate to me. I wish I could talk about our health care system and child abuse, so that the social work students could relate to me. I wish I could talk about the use of psychology in preventing crime, so that the psychology students could relate to me.

I wish I could talk on those different fields, so that everyone present here could relate to me. But I could not because I don't know any better. And if I do talk about the things I know better, I'm afraid you could not relate to me. If I would talk about Multiple Intelligences or Learning Styles or Teaching Strategies, nobody but the education students would listen to me.

I'm not even sure if they would listen, and listen like their grades depend on it. They've heard enough of them in the classroom. Surely they don't want to recall their harrowing experience in the classroom, not even now that they are wearing toga whose origin they barely know.

So I will talk about my own experience in college. After all, we human beings are by nature chismoso. We always wanted to know something about other human beings.

Yet I won't try to please everybody because I'm afraid that if I try to please everybody, I just might end up pleasing nobody.

Thank you for listening to the introduction. If you have one more minute to spare, do spare it.

Sample Essay Format

Sample Essay Format

Follow the format. For the additional guidelines, the Project Plan is posted on the wall of your classroom.

Deadline of the final copy of the essay will be on February 21, 2012.

Musings while I'm on my way to the comfort room

I have known Stella Maris as a rich school where the rich students study; where most of the students have never taken a PUJ; where students seldom eat kwek-kwek; where most of the students' shoes have never stepped on muddy and rocky road; where students speak the language of iPhone, iPod, iPad, Twitter, etc.; where students most of the time do things their way; and where the sons and daughters of business tycoons, top government officials, and the elite study.

Now I'm one of the teachers of Stella Maris, handling Araling Panlipunan. Never have I thought that I will, one day, be teaching there. Not even in my dreams, nor in my beautiful nightmare, as Beyonce puts it.

So far, my teaching experience in Stella Maris does nothing to change my view of the school. Stella Maris, as I've known it before, is still a rich school where rich students study.

At times, I feel that I am betraying myself. As a student, I was an idealist. I used to style myself as a conscientious individual, one who is aware of the plight of his countrymen and one who will one day roll his sleeves up and help those who are in need the most; one who is, in short, going to teach in the public school.

Yet I am here now, enlisted to serve as a teacher of students whose families are a million times richer than the ones found in public schools. This is, frankly speaking, not the life that I want to have.

But I realized that this is, in fact, a great opportunity for me to let my dreams and aspirations come to pass. As Kipling says in his poem If, "meet with triumph and disaster and treat those two impostors just the same." And treat triumph and disaster just the same I did.

My students now will soon become owners of business establishments, entrepreneurs, public officials and bureaucrats, and even some of them will become politicians. If I can make them acutely aware of the problems of the society and teach them that to whom much is given much is expected, then I have already triumphed in my own little way.

Barely a month from now, my fourth year students will be graduating from high school. Did I succeed in making them students who are conscientious ? Did I and the rest of the teachers succeed in making them aware of their crucial role in the society?

Only time can tell.