Tuesday, June 11, 2013

A Taste of Alternative Lawyering: My Glad to be Globe Story


A tunnel of a Kamote Miner (Small-Scale Miner)
Never has my summer been so exciting and fulfilling than this year’s summer, thanks to Globe. If there is one adjective that could describe my summer experience, it is peripatetic.

Sometime in April this year, my schoolmate from law school texted, asking me if I was interested to join the Alternative Law Groups Summer Internship Program for Law Students. If so, he said, I had to submit my résumé, ASAP.

Yes, I said. But the problem was at that the time I received the text I was in the middle of a friend’s birthday party. I had my netbook with me. I had a copy of my old résumé which only needed a little tweaking. There was, however, no way that I could send the résumé because there’s no Internet connection around.


I asked my friend if she has a broadband. Fortunately, she has a Globe Tattoo 4G Flash. She lent me her Globe Tattoo. So fast was the connection in no time I was able to send my résumé. A few days later I received an e-mail, saying that I got accepted into the Internship Program.

Giving lecture to the Mansaka Tribe
From the lectures to the reading assignments, almost everything we do in law school is aimed at passing the Bar Exam. Law school drills students into learning the basics of the law, but provides little opportunity for us to see what the world is beyond the Bar Exam. For the whole school year, students are so engrossed learning the law that they know little about the situation outside the walls of law school.

During the two-month Internship, however, I was given the opportunity to do what is referred to as Alternative Lawyering, an opportunity other law students didn’t have. I reached places which never figure in any tourist’s itinerary. I met fellow law students in Cagayan de Oro. Together with other Interns, I lived among the B’laan tribe in Columbio, Sultan Kudarat. We also interacted with the Mansaka tribe in Brgy. Mainit, Maco, Comval Province, when an NPA insurgency had just fizzled.

Vignettes of the immersion. Photo courtesy of Mark Penalver.
Each of those experiences is a speck of the vast range of activities that Alternative Lawyers do. There’s a lot more, but all seek to make the situation better for the poor and the marginalized sector.

If it weren’t for the Globe Tattoo, I wouldn’t have sent my résumé, and I wouldn't have been accepted into the Internship. I wouldn’t have experienced sharing my meager knowledge of the law to the B’laan or Mansaka Tribe. I wouldn’t have been part, albeit swiftly, in such a noble endeavor as Alternative Lawyering.

I don’t have to borrow anymore a Globe Tattoo because now I do own one. I’m, well, glad to be Globe.

Friday, May 17, 2013

Para Kay Nancy B.

Source: philstar.com
Ma'am Nancy,

Congratualations po sa inyong pagkapanalo. Hindi biro ang inyong dinaanan maabot lang ang posisyon mo ngayon.

Maraming pangungutya ang binato sa inyo. Una, pinuna ang inyong pagiging inexperienced sa larangan ng pulitika. Kahit ikaw ay nag-OJT na nang higit 20 years sa inyong ama at ina, hindi pa rin sila kuntento. Pakitanong nga sa kanila, Ma'am Nancy, ano ba ang gusto nilang experience? Kung ako sa inyo, hayaan niyo na lang sila. Huwag mo na lang pansinin si Vice Ganda kahit nilait niya ang OJT-experience mo.

Pangalawa, pinuna ang hindi niyo po pagdalo sa mga debate and election forum. Sa katunayan, hanga po ako sa pagiging organized ninyo. Sabi niyo po the reason na hindi kayo nakakadalo sa mga debate ay plantsado na kasi ang schedule mo at hindi mo na maisingit ang kaliwa't kanang debate. In terms of time management, fan niyo po ako.

Pangatlo, hindi rin pinalagpas ang inyong kulay. Huwag niyo na rin pong pansinin sila. Hindi po kayo nag-iisa. Ako man din ay nakaranas ng pangungutya dahil sa unfair ko na skin complexion. At bakit, kelan ba naging paputian ang pulitika? Marami namang maiitim ngunit magagaling namang mga lider. I need not mention Barack Obama and Nelson Mandela.

Talagang you cannot please everybody Ma'am Nancy. Pero sa tingin ko po dapat niyong i-please ang higit na 16 Million Filipinos na bumoto sa inyo. Wala rin po kayong dapat patunayan sa mga namimintas sa inyo. Pero sa tingin ko rin po meron kayong dapat patunayan sa bayan.

Iniluklok po kayo sa Senado ng mga tao sa paniniwalang kayo'y makakabuti sa bayan. Whether it's an unfounded belief or not is another matter. Patunayan niyo po sa kanila na you can use your 20-year OJT and craft laws, laws that can really effect some real change in society.

Meron po kayong six years para gawin iyon. At habang nandiyan pa po kayo sa puwesto, enjoy your stay. Ninais niyo po yan.

Lubos na gumagalang,

Ang Inyong No. 1 Fan

Saturday, May 11, 2013

5 Tips na Dapat Dibdibin ng mga Voters Ngayong 2013 Elections

Kapag election dito sa Pilipinas, feeling empowered tayong mga Pinoy. Sino ba naman ang hindi makakaramdam nang ganun. Ang election kasi ang great equalizer. One man, one vote. Bata o matanda, mayaman o mahirap, kapag qualified ka, iisa lang ang boto mo. Lahat pantay-pantay. Sy o Ayala o hindi man ang apelyido mo, pare-pareho lang tayo.

Pero isa itong malaking kalokohan. Sa theory lang ito totoo. Hindi ito ang nangyayari sa reality. Tayo kasi parang isang dalagang virgin na sinusuyo ng mga kandidato. Ito namang mga kandidato ginagawa ang lahat, makamit lang ang matamis nating boto. Kapag nakuha na tayo, mawawala na lang parang bula.

Pero paano ba kumilos nang tama tuwing election nang hindi tayo madaling malamangan ng mga kandidato? Mayroon akong limang mungkahi:

1. Sell your vote to the highest bidder.

Hindi araw-araw may election. Every three years lang. Kaya samantalahin muna ang pagkakataon. Balita ko sa taas ng inflation rate ngayon, inaadjust na rin ng mga kandidato ang presyo ng boto natin. Sa ibang lugar, umaabot pa ng 3,500 ang bilihin. Kung mayroon namang bibili, ibenta mo na.

2. Gawing Picaso o Mulawin ang survey results.

Ang Picaso o Mulawin ay guide ng mga tumataya sa sugal na "Last 2." Dahil busy tayo at walang panahon na makinig sa mga debate, o basahin ang mga platapormang nirecycle lang naman nila sa nakaraang election, iboto mo na lang yong pasok sa Magic 12 ng mga survey. Oo, iboto mo na rin kahit yong mga nag-OJT lang sa kanilang mga magulang. Basta pasok sa mga survey, choks na yon.

3. Forgive and forget.

Kung si Kristo nga pinapatawad yong mga makasalanan, ikaw pa? Oo nga naman. Merong mga tumatakbo ngayon na minsan ng nasangkot sa pandaraya. Huwag mo nang ipamukha sa kaniya na nagkasala siya. Forgive and forget na. Boto mo na rin siya. Perfect attendance naman siya. Hindi pa ba sapat na parusa ang hindi pagliban sa trabaho?

4.  Huwag seryosohin ang tatlong nauna.

5. Kapag sineryoso mo, kanya-kanya na tayo. Bahala ka sa buhay mo.

Monday, May 6, 2013

Why Dabawenyos are soooooooo conyo?


Girl 1: Mag-go ka sa birthday niya?
Girl 2. Hindi. Gisabihan ko na siya na hindi ako mag-go.
Girl 1: Ano ka man uy? Gina-expect ko na baya siya na yang mag-go ka.

This is how a normal conversation goes between two Dabawenyo teenagers studying in a private school. Because non-Dabawenyos used to hear this kind of conversation, they can’t help saying, “Pamati ang mga taga-Davao. Sigeg Tagalog.”

But why do Dabawenyos speak Bisaya peppered with Tagalog, sprinkled with English, and marinated in FB-Twitter expressions?

There is a theory circulating among law students. The theory is that today's generations of Dabawenyos are descendants of the women in Villavicencio v.Lukban.

Who were those women? Why were they shipped to Davao secretly?

Saturday, April 27, 2013

Apologia Pro Maestro sa Sekundarya


Minsan na akong nangarap na maging isang pulis o sundalo. Mas lalo pang tumindi ang pagnanais ko na maging pulis nung nalaman ko na pulis pala ang dalawa kong Ninong.

Noong Grade 6 ako, tinanong kami kung ano ang gusto naming maging. Ilalagay daw ang response namin sa School Yearbook. “To be a soldier,” ang sinulat ko.

When I was about to enter college, napagtanto ko na imposibleng magkatotoo ang pangarap kong maging pulis o sundalo. According to my Ninong, dapat matalino ka sa Chemistry or Trigonometry. Mahina ako sa Chemistry. That I admit. Noong pinatupad ang Zero-Base sa mga public schools, bumagsak ako sa isang Grading Period sa Chemistry noong Third Year ako. Hindi naman sa bobo ako sa mga subjects na ‘yon. Nakakawalang-gana lang talaga makinig sa guro namin sa Chemistry.

Ang talagang problema kulang ako sa height. 5’3” lang ako, give or take an inch. Eh may height requirement daw kung ikaw ay papasok bilang isang pulis o sundalo.

I really don’t know why. Bakit kelangan may katangkaran ang mga pulis o sundalo? Does it follow na kapag mataas ang height, mataas din ang IQ mo? Rumarampa rin ba sila tulad ng mga kandidata sa Miss Universe?

Nagtataka rin ko kung bakit requirement din na maganda ang mga ngipin mo. Ano ba ang gyera ngayon, LIPS-TO-LIPS?

Graduate ako ng Bachelor of Secondary Education major in Social Studies. Sa dinami-rami ng mga course na available sa college, bakit Education? Bakit Secondary?

Ano ba ang gusto mong sagot sa una mong tanong? ‘Yong pang-showbiz slash pang-politika? O ‘yong totoo?

Saturday, April 20, 2013

Bakit Nga Ba Ako Nag-Resign sa Stella?


Ang Stella Maris Academy of Davao ay ang aking employer sa loob ng tatlong taon. Marahil sa aking pag-resign, ikaw ay natuwa, nalungkot, nanibago, nagulat, natatae, naluha, o naasar. Hindi kita masisisi. We live in the Philippines. Lahat tayo ay may karapatang mag-react sa mga nangyayari sa ating paligid. Pero huwag ka naman mag-react na para bang ang pag-resign ko ay ang paghihiwalay nina Janine at ng kaniyang boyfriend.

If you ask me kung ano talaga ang dahilan ko why I left Stella where I was gainfully employed, o sige pagbibigyan kita at sasagutin ko ang tanong mo. Sasagutin kita dahil hindi para tuparin ang iyong kahilingin o pasayahin ka. Kundi sasagutin ko ang tanong mo dahil hindi lang ikaw ang nagtatanong sa akin ng ganyang tanong. FYI, marami kayo. At para na rin hindi na ako tatanungin pa ulit ng ibang tao.

Batid ko naman na hindi lahat ay may FB at makakabasa nitong blog entry ko. Problema na nila ‘yon. I don’t really know why. Sa panahon ngayon na kahit sa Php 5.00 puwede ka ng magkaroon ng access sa Internet, marami pa rin ang nagtatanong tungkol sa mga bagay na puwede naming i-Google.

Sa susunod na may magtatanong sa’yo kung ano ang ibig sabihin ng salitang “quagmire,” sabihan mo, “i-GMG mo! Google Mo, Gago!”

Huwag niyo akong kastiguhin. Hindi sa akin galing ‘yan. Nakuha ko lang ang GMG kay Lourd de Veyra nung binasa ko ang speech na binigay niya sa graduation ng UP MassComm.

But I’m digressing na. So eto sasagutin ko na ang tanong.

A Different Kind of Samal


That small patch of land in Davao Gulf is the Island Garden City of Samal (IGaCoS)—an island because it is completely surrounded by water; garden because of its diverse coral species; and city because it’s flaunted as an “Urban Center in a Rural Setting.”

Samal is one of the cities of Davao del Norte. In its official website, Samal has been characterized as "the place which has it all".  

But what this exactly means?
As an island, a garden, and a city, it has SEAS, the SAND, and the SUN.  It has enchanting mountains, fertile plains, and scenic hills. Its group of islands are located in the Gulf of Davao about 700 meters south of Davao City. 
IGaCoS is now host to more than 30 commercial resorts scattered along its more than 118 kilometers of shoreline with white sand beaches.  Resorts vary from the high-end ones that cater to the highly-discriminating guests, to the rustic type that are preferred mostly by backpackers and adventurers.
Who needs the seas, the sand, and the sun? What of its enchanting mountains, fertile plains, and scenic hills?

But Samal is no “place which has it all.” This I was reminded of during our trip around Kaputian, one of the three Congressional districts in Samal. The other week I was with my uncle who is running for the post of the city councilor for the 3rd District (Kaputian) of Samal. We went from one barangay to another. I was lucky to have joined his campaign, for I have seen firsthand the places in Samal, specifically in Kaputian, that do not get visited by tourists precisely because there is nothing pleasant to see except for the abject poverty and sights that tend to make people look away.

A case in point is Purok 3, Sagrada, short for Sagrada Familia (Holy Family). West of it, one gets an overlooking view of Talicud Island. There are about thirty households living in that purok. The overlooking view is spectacular. The view within Purok 3 is not. The people have no electricity to speak of. A little bath tub was built through the help of the Community Extension Service of San Pedro College.

Barely three weeks is left before election day. But according to the locals, of the ten candidates for the city council for Kaputian, only two have visited them. It's a pity because they are neglected, I think, not so much because the road to Sagrada is hardly accessible, as it is because the voters are too few to be given much regard. 

We left as soon as my uncle was done talking to the leaders of the purok. Yet a different kind of Samal lingered in my mind. Suddenly, it has become a "place which has it all," but cannot be had by all.

Sunday, April 14, 2013

An Online Coaching Clinic on Answering Bar Exam Essay Questions

Atty. Ralph Sarmiento
In the recent past, the Philippine Bar Exam has been reformed. Where before it comprised merely of Essay Questions, today Multiple Choice Questions (MCQs) are included. Assuming that you know the answer, there's no problem to answering MCQs. Just encircle, shade, or tick as the case may be the letter of your answer.

But what about the Essay Questions? What a Bar Exam taker needs to hurdle it? 

Atty. Ralph Sarmiento, 10th Placer in the 1997 Bar Exam, Dean of University of St. La Salle College of Law, and Counsel for Petitioner in the Team Patay/Team Buhay Tarpaulin Case (Diocese of Bacolod v. COMELEC), Atty. Sarmiento provides an "Online Clinic and Coaching on Bar Answering Techniques for the 2013 Bar Exams," especially on answering the essay questions:

Saturday, April 13, 2013

ZestAir, Marcos, and the Right to Travel and Return



On our way home from our week-long vacation in Baguio and Manila, we were scheduled to leave for Davao at 6:30 PM onboard ZestAir. At the boarding gate, someone announced that our flight would be delayed due to delay in turnaround, whatever that means. Instead, boarding would commence at 7:00 PM. But we boarded the plane, as cabin crews are wont to say, at twenty minutes past the hour of seven in the evening. 7:20 PM, for short.

As if it were not enough, the cabin crew further announced that take off would be delayed. This time it’s due to ground servicing. We took off at 8:30 PM.

That meant we were delayed for two hours. I was about to pity us when suddenly I thought of erstwhile President Ferdinand E. Marcos, the longest serving President of the Philippines. We were far luckier than him—luckier because we were certain to return home, while Marcos, when he left, was not. All we needed to do was to wait. Marcos had to go all the way to the Supreme Court and fight for his right to return.

Tuesday, April 9, 2013

University of Mindanao-College of Law now Accepts Enrollees

You want to study law, but don't know what to do or where to go. Here's the enrollment procedure for the incoming first year law students of the University of Mindanao-College of Law (1st Semester SY 2013-2014).

Step 1.

For pre-evaluation, submit the following requirements to the Records and Admissions Center (RAC) located at the 2nd Floor, Main Building, UM Bolton:

  1. Photocopy of Transcript of Records (TOR) with remarks: "Graduated";
  2. Certification of General Weighted Average (GWA) which shall have at least an average of 80% based on the submitted TOR issued by the school where the applicant graduated;
  3. Photocopy of Birth Certificate from NSO;
  4. Photocopy of Marriage Certificate from NSO, for married female applicant only;
  5. Special Order school file, if applicable; and
  6. Certificate of Good Moral Character from the school where the applicant graduated
Step 2.
  1. After pre-evaluation and approval from RAC, proceed to the College of Legal Education Dean's Office;
  2. Bring with you your evaluation sheet which the RAC issued for scheduling of your CEM-LSQT (Law School Qualifying Test) and Essay Exam; and
  3. Pay Php 300.00 only.
The schedule of exam for 1st Semester SY 2013-2014 is as follows:


ExamWhenWhere
CEM-LSQTAll Saturdays of April and May (8:00 AM to 12:00 NN)LE 103, UM Bolton
EssayAll Saturdays of April and May (2:00 PM to 4:00 PM)LE 103, UM Bolton

The schedule for 2nd Semester will be announced later.

Upon taking the exam, submit the following requirements to the Dean's Office:
  1. Photocopy of TOR;
  2. Photocopy of Certification of GWA;
  3. 1 pc. 1x1 ID picture (White Background); and
  4. 1 pc. long brown folder with fastener.
Note that your CEM-LSQT score shall be at least 476 to be admitted to the College of Law. The results of the test will be released two weeks after the applicant took the test. The qualified applicant will be notified (usually, via text message) for the schedule of the interview.

Step 3.
  1. Submit to the Dean's Office the Pre-Law Evaluation for the notation "OK to enroll."
  2. Proceed to the Admissions Office for the enrollment proper.
For more questions, visit or call: 
University of Mindanao-College of Legal Education 
Bolton Street, Davao City, Philippines
Tel: (082) 227-5456 Loc. 133 

Friday, April 5, 2013

The Secret to Passing the CEM-LSQT: Prepare Like Pacquiao The Boxer

LSQT
It's the time of the year when fresh college graduates are mulling over whether to take that law school entrance exam. Obviously for anyone who wants to be a lawyer, it's the first exam that one needs to hurdle.

I'm not familiar with other law schools' entrance exam, but here in Davao City, the University of Mindanao-College of Law and ADDU-College of Law both require prospective law students to pass the LSQT (Law School Qualifying Test) provided by CEM (Center for Educational Measurement).

Having taken the test myself and passed it, I know how it feels when your family is constantly egging you on to take the test, and the pressure is building up as the entrance exam date is getting nearer.

Relax! Just prepare. Only if you prepare, and prepare like Pacquiao The Boxer, you can pass the test. The old Manny Pacquiao used to prepare way ahead of his fight. He used to spend long hours of grueling drills and exercises. Here are five steps you might want to take:

1. Research on the nature of exam.

What sort of questions are asked in the exam? How long is the exam?  How is the exam scored? What score should I get to pass the exam?

You must be familiar with the nature of the exam before taking it. Think of how Pacquiao studies his opponent before going up on the boxing ring. Prepare like Pacquiao the boxer.

According to CEM,  the "LSQT, a 240-item test administered for 2 hours and 50 minutes...consists of sub-tests in Verbal Reasoning, Critical Thinking, Quantitative Ability, and Figural Reasoning. It also features an Essay Test designed to assess an applicant's ability to present ideas in written form. Intended users are graduates or graduating students of degree programs.

For additional information on CEM-LSQT, read this LSQT Guide.

2. Determine your strong and weak points.

Remember that the LSQT has four sub-tests:

a. Verbal Reasoning (Don't be bogged down by the jargon, language lang ito.)

b. Critical Thinking (Logic)

c. Quantitative Ability (Math)

d. Figural Reasoning (Abstract)

Of the four, ask yourself where are you good at, and where are you weak at.

3. Make your strong points stronger, but focus most on your weak points.

Give more time to that which you're not good at. But never disregard the others, lest what is formerly your strong point becomes your weak point now.

For instance, I'm not good at Math. So what I did was I asked my Math major friends to tutor me. Talk about tapping human resources.

4. Test yourself.

There is this thing people are addicted to. It's called the Internet. And in the Internet, there are lots of practice tests for each sub-tests of the LSQT. Almost all of them can be had for free.

5. Show up!

Of course, all these things don't mean anything if, because you're crippled by your fear of failing the test, you don't show up. In the first place, how would you know you fail or pass if you haven't taken the test. Take the test by all means.

If, after all, you fail, no big deal. It's better to be an LSQT flunker than a Bar flunker.

Cramming Tourists Part 3: Baguio City Tour in 4 Hours

When Alex, the taxi driver, dropped us off in La Trinidad, he instructed us what jeepney route to take on our way back, or should we take another taxi where to pass so that we could pass by Tam-awan Village.

But Alex ended up following his own instructions. We hired Alex as our tour guide, driver, and photographer, all rolled into one. He at first feigned hesitation, but agreed later on and charged us Php 300.00 an hour.

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After strawberry farm, Alex took us to the Tam-awan Village. Located along Long-Long Road, Tam-awan Village was the brainchild of Chanum Foundation, Inc. The brochure of the Village said: "The Chanuma Foundation began to reconstruct Ifugao houses in Baguio with the view of making a model village accessible to people who have not had the chance to travel to the Cordillera interior...The village now has seven Ifugao huts and two Kalinga houses. Using the original materials and adding only new cogon roofs, traditional artisans reconstructed the houses and laid them out resembling the design of a traditional Cordillera village."

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Apparently Chanum Foundation is not alone in its quest to preserve what little is left of the traditional culture. A village with a similar purpose could be found in Davao City. It's called Tribu K'Mindanawan Cultural Village. I remember the question my classmate in anthropology posed to our teacher: "If culture is dynamic, why should it be preserved?"

Two hours had already gone by since we hired Alex, and we were still in Tam-awan Village. Our taxi got expensive by the hour---one more hour of wandering in only one place meant another Php 300.00 for Alex. Thus, we told Alex to bring us to our next destination.

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The Lourdes Grotto was our next stop. Alex wanted to take us as he looked for a parking space upstairs. But we told him we wanted to start on the very first step of the stairway to the Grotto.

We bought candles, then started our ascent. I tried to count exactly how many steps are there, but I lost count on the 70th step when a half-blind old woman offered me a bundle of three white roses.

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Minutes later, we were driving off to Kennon Road, stopped at the  Lion's Head, then dropped by McDo to order lunch. Since we couldn't afford to waste our precious little time, we had lunch inside the taxi while on our way to Camp John Hay.

Inside the Camp is the Historical Core. Inside the Historical Core is a little cemetery with an intriguing title: The Lost Cemetery or Pet Cemetery or Cemetery of Negativism. The idea there, according to our nervous tourist guide, is whoever enters the cemetery must bury whatever negative feelings he had. Ex-Base Commander Major John Hightower thought of establishing it. His goal was to give the weary soldiers a chance to unload their negative feelings that eat away their enthusiasm.

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It's I think a brilliant and emphatic piece of work. Other leaders, especially employers, fire their unenthusiastic employees, but Major Hightower acknowledged that soldiers are human beings---physically strong yet emotionally weak---and looked for ways to address that.

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Then we went to our penultimate destination: The Mansion. On our way there we passed by the haunted #4 Laperal White House on Leonard Wood Road. Soon we found ourselves in Mines View in the midst of frenzied tourists.

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We terminated Alex's service when we arrived in Mines View. I must say that for us cramming tourists, he's a good tutor, having crammed Baguio history, urban legend, myths, and tourism in four hours. But Alex did have another role. He was our chief counsel. "Take good care of your belongings while you're inside," Alex said, "and watch out for pickpockets."

Thursday, April 4, 2013

Cramming Tourists Part 2: Baguio City Tour in 4 Hours

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La Trinidad is a small town in the province of Benguet. Yet it's big on tourists for, among others, its strawberry farms. It's 3-kilometer North of Baguio and travel time is on the average forty-five minutes.

We would get there in less than that, the taxi driver named Alex promised us. On our way, Alex was generous enough to respond to my questions. But most of the time, he took the initiative of telling us who owns the house that sits on the forested hill alone; the congested Quezon Hill; the sights that could be glimpsed if it's not foggy; the site of the landslide where many died during the Bagyong Ondoy; and a host of other things.

I didn't keep track of time. Perhaps it would have really taken us less than forty-five minutes to get there as promised. But Alex slowed down many times so that we could get a good view of Baguio's different attractions and distractions.

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If there's anything that encourages tourists to ever bother visit La Trinidad, it is the strawberry farm. Folks in La Trinidad take their strawberries seriously. They do allow tourists to pick strawberries themselves straight from the shrub. But not without footing a hefty bill---Php 350.00/ Zest-O Box.

Why is it expensive when you can buy it in SM Baguio at a cheaper price? Well, it's what you call maintenance fee. The strawberry plant is not a sturdy plant. You pick the fruit too strong and you might uproot the entire plant.

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Being the stingy tourists that we are, we didn't try strawberry picking. We had only our pictures taken with the strawberry farm as our background, posing as though we were picking strawberries.

And we spent the rest of our time in La Trinidad buying souvenirs (keychains, ref magnet, coin purse), and tasting foods that are uniquely local (green pinipig, blueberry and strawberry wine, strawberry taho).

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Cramming Tourists Part 1: Baguio City Tour in 4 Hours

Tourist spots in Baguio---Baguio Cathedral, Burnham Park, etc---are easy to locate. But with its mesh-like roads, we felt like experimental mice in a maze looking for their cheese. We still wanted the cheese, but soon wanted to get rid of the maze.

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We tried yesterday to visit as much tourist spots as we could by only walking or riding on jeepneys. That proved challenging if you are with your 50-year old mother who couldn't endure long hours of walking. Aside from that, my spatial intelligence had a terrible history of failing me. So we expected to fail in our self-imposed challenge. Fail we really did, but we had our initial success.

After breakfast at Chowking, we headed to Baguio Cathedral. From there we passed by the ukay-ukay in   T. Claudio St., and then went to Burnham Park.

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We rented a boat there and rowed in the lagoon. It took us a few minutes before we got the hang of it. It appeared so easy to paddle, but if done improperly, the boat would just keep on turning around without moving forward.

We got excited for our next stop: Strawberry Farm. We asked from the taho vendor the whereabouts of the jeepney terminal for La Trinidad. The man gave us directions we barely remembered. So when we spotted a sweet-corn vendor, we asked the same questions. He gave us the same directions.

Meanwhile, we got tired and impatient. That's when we decided to get a taxi. Thankfully, taxi drivers in Baguio are faithful to their meter and LTFRB-prescribed rate. The driver didn't haggle nor present an alternative tariff rate.

Where to Stay in Baguio? Upstairs Marked-Down Price

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While on a trip, I've realized, it's better to stay in a low-budget place than in an expensive hotel for two reasons.

One, the principal goal of travelling is to see the place around. That is only possible if one were to travel on foot, ride on the popular mode of transportation, and see the place as the locals experience it on a daily basis.

Two, it saves one a lot of money, money which could be used for buying pasalubong.

Armed with this different outlook, I looked for such kind of place for our trip to Baguio, and found one. It's called Upstairs Bed & Bath. Unlike commercial websites which advertise every hotel as perfect for every tourist, the blogosphere provides an honest appraisal of a place, and bloggers wouldn't scruple to call it ugly if it really is ugly. See, for instance, this blogger's review.

Upstairs Bed & Bath is very near SM City Baguio. But who cares about SM---it's everywhere. The nice thing about Upstairs is it's cheap yet clean. New linens and towel are provided for every guest.

But the CR and shower are shared with other guests. And it can sometimes be noisy, especially if there are children in the next room, or cavemen acting like tourists or tourists acting like cavemen.

SAM_2319
_____

Upstairs Bed & Bath
Address: GSP Building (Near B.I.R.), Leonard Wood Road, Baguio City, Philippines
Contact number: 074-446-GO-UP (8687); 0933 440 1744 (Sun)
Bookings can be made through its Facebook account: www.facebook.com/Upstairs.Bed.and.Bath

Wednesday, April 3, 2013

What pre-Law course is best to take?

By now those students who will go to college must have already decided what course to take. I've been asking my students about their plans. As with the many Pinoys who answer a question with another question, a few of them ask me back so that the interviewer became the interviewee now.

"What's a good pre-Law course to take, Sir?"

Well, that question could be answered on two different levels.

First, law schools don't prescribe a particular pre-Law course. Whatever course will do, provided your pre-Law course complied with the required number of units in Math, English, and Social Science. But that depends on the university. For example, in the University of Mindanao College of Law, the requirements are: 6 units in Math, 12 units in English, and 9 units in Social Science (History, Psychology, or Sociology).

Second, if by a good pre-Law course means that what course will better prepare your for law school, the answer is there is none.

True some may say it should be AB English or Communication Arts since in law school what matters is not what answers you give, but how to give what you give. Other may say it should be Philosophy, for it trains you to be a critical thinker.

I think it depends on what kind of lawyer you want to be. I have Law professors whose pre-Law courses were varied. My teacher in Constitutional Law 2 took up an Engineering course. My Statutory Construction teacher used to be a MedTech before he took up law. My Persons and Family Relations teacher is a CPA and an MBA holder, then she proceeded to Law.

The field of law is vast. What matters is you have to think first what kind of lawyer you want to be. Then you can fairly determine what pre-Law course to take.

Thus, if you want to be a Commercial Lawyer, a background in Business Administration, Accounting, or Management might come in handy. If you want to enter the government service, a Political Science or a Public Administration course might be useful. Those who relish a courtroom drama and all that verbal brawl might take up AB English or Philosophy.

Sunday, March 31, 2013

Via Dolorosa, Davaoeño Style

[caption id="attachment_2559" align="aligncenter" width="468"]Photo by Janice Sabnal Photo by Janice Sabnal[/caption]

The Via Dolorosa or Stations of the Cross—the way of the suffering—recalled the fourteen events before Jesus Christ was crucified. Catholics all over the world continue until today to commemorate it. They follow the way Jesus took, if not in the actual road, at least in their own enclaves.

No country celebrates the Holy Week, particularly the Via Dolorosa which falls on Good Friday, with much fanfare, festivity, exuberance, pomp, and energy than the Philippines. Each city or province has its own way of commemorating it, and each seems unabashed in declaring that under its aegis the faith lives on, even if what's on display is far from what the occasion truly means, and its religious significance is lost on the religious themselves.

Agco Kami, Kamo?

IMG_20130328_142554Holy Week has come to mean different things to different people. For the Catholics, it is the holiest of the Liturgical calendar which entails fasting, praying, or abstaining. It means doing things in moderation.


For others, however, it means quite the opposite. It means a trip to the beach or a trek to the mountains. To the non-Catholics and Catholics alike, it means a break from the daily grind of work. Indeed, it has come to mean more time to do more things.

Together with my friends, I indulged in a vacation binge—the first of many to come—and went to Lake Agco on Thursday last week, and stayed overnight.

IMG_20130328_143958Lake Agco is so popular a tourist spot one need not tell another where it is. Go to Kidapawan City, ask people around, and you’d get to Lake Agco with nary a trouble. And don’t bother wearing a pair of trekking slippers like I did, or bring all that mountain-climbing stuff—you’re not scaling Mt. Apo. Besides the road to Lake Agco is partly cemented; the portion not cemented, though, is paved, thanks to PNOC (Philippine National Oil Corporation) which developed the area to exploit its valuable geothermal energy.


We arrived at Lake Agco at around 12 noon, but because it is at the foot of the Mt. Apo, it was expectedly cold. We stayed in Lake Agco Mahomanoy Resort. It was crowded. Children were noisily frolicking in the swimming pool. The fact that the entire area is the Ancestral Domain of the Manobo Tribe and thus a hallowed ground did not deter men from making noises. Which made it discomfiting for those who came in search of peace and quiet.

IMG_20130328_151233Of course, one thing we went to Lake Agco for was the Lake Agco. But it was not in the lake itself where we bathed. For Lake Agco is so hot a crocodile wouldn’t even dare inhabit it. We bathed in the mini pool being made to appear like a hot spring by tapping the steam from the lake, redirecting it to the pool through a pipe, and thereby heating the mini pool. Think of a pan filled with water heated by a gas stove. That’s how it works.


There are lots of hot springs that sprung around Lake Agco. Of these, perhaps the cleanest is that which is found at the nearby Antayan Resort.

In taking a bath in hot springs, we were taught not to dip abruptly our whole body. The feet should go first. Soak them until it doesn’t hurt anymore. Then slowly submerge until the body finally adjusts to the temperature.

Beside the hot spring is a sauna that looks more like a cave than a sauna. It’s powered by the steam from the lake. But unlike in commercial spas, there is no knob that controls the temperature. So when we went inside, we felt like stray dogs being thrown into a gas chamber.

Perhaps among the offerings of Lake Agco, what gave more excitement to us was the mud pack. The mud around Lake Agco is rich in sulfur which they say could cure skin diseases. Would it work? Was it safe? We covered our body with mud anyway. But we didn’t expect it to work wonders—we don’t have skin diseases to speak of. Yet we did try it as though we’re kids playing with mud.

Thursday, March 21, 2013

Long Live Justice Cruz

CruzFormer Supreme Court Justice Isagani Cruz is my idol. Cruz is most notable for his well-written ponencia (Supreme Court judicial opinions), which never fail to amuse me, and his defense of individual liberty, which never fail to inspire me. Sadly, Justice Cruz is gone. Long live Justice Cruz.

Wednesday, March 20, 2013

Baguio is so Common We are Going There

lion-head-on-the-way-to-baguio-cityWe'll be leaving for Baguio on April for a week-long vacation. Next to Boracay, Baguio is perhaps the most cliché vacation place. But we don't mind. We'll go there anyway.


For what?

The cold weather? But BuDa (Bukidnon-Davao) also has cold weather.

Strawberries? But we can buy them from the groceries.

Picture taking with an Igorot clad in a traditional attire? But we have more Indigenous People living here than there. Don't we see them during Kadayawan Festival?

Even if Baguio is so common a vacation spot, it doesn't dissuade us from going there. We want to see and feel Baguio ourselves simply because we haven't gone there yet. It's our first time.

There really is always a thrill about a first-time experience, diba?

Wednesday, March 13, 2013

Legal Ethics in 300 Words: Introduction

IMG_20130314_144122

A lawyer never gets rich, my law professor told me, if he practices law strictly according to the ethics of the legal profession as embodied in the Code of Professional Responsibility (CPR).

That statement is not without implications. That implies that a rich lawyer is necessarily unethical. That also implies that the CPR is meant to impoverish a lawyer.

The truth, however, is that the CPR was put in place, according to Dean Ernesto Pineda, "to guard against the abuses and ill of the profession such as dishonesty, deceit, immorality, negligence, slothfulness, lack of diligence and the many forms of malpractice of the members of the Bar."

Without these rules found in the CPR, Dean Pineda said, "The practice of law which covers a wide range of activities...will be transgressive, anarchic, riotous, lawbreaking, defiant and disobedient to courts..."

Positively, the CPR will "raise the standard of the legal profession, encourage and enhance the respect for the law, assure an effective...administration of justice, assist in keeping and maintenance of law and order..."

"It also provides the basis for the weeding out of the unfit and the misfit in the legal profession for the protection of the public."

Promulgated on June 21, 1988, the CPR provides the rules of conduct for lawyers who are not members of the judiciary. It has twenty-two Canons which are grouped under four Chapters. All four Chapters refer to the four-fold duties of the lawyer to the Society, to the Legal Profession, to the Courts, and to the Client.

In the subsequent posts, I will try to discuss each Canon and provide my own observation in 300 words to also help the public understand the legal profession, and the ethical tenets by which lawyers are, theoretically at least, bound to follow.

Monday, March 11, 2013

Less Fanfare, More Substance: UMLAC Celebrates the International Women's Day 2013

[caption id="attachment_2517" align="aligncenter" width="521"]L-R: Atty. Eliza Lapina, Jing Remolar, Dr. Tessa Mae Bongyan L-R: Atty. Eliza Lapiña , Jing Remolar, Dr. Tessa Mae Bongyan[/caption]

The nascent University of Mindanao Legal Aid Center (UMLAC) was at Barangay 40-D, Bolton Extension on March 9, 2013 to conduct a forum on women's health and related laws on women's welfare in line with the celebration of the International Women's Day.


Held literally under the Bolton Bridge where the noise of passing vehicles is deafening, the forum was nevertheless well-attended. Almost a hundred women from the Barangay came. Most of them are mothers themselves.

IMG_20130309_095654At the forum, Dr. Tessa Mae Bonguyan talked of the basic issues on women's health while Atty. Eliza Lapiña talked especially about R.A. 9262 or the Anti-Violence Against Women and their Children Act (VAWC).

Sunday, March 10, 2013

Due Process in the Garden of Eden

[caption id="attachment_2510" align="aligncenter" width="670"]Expulsion from the Garden of Eden by Giacinto Gimignani Expulsion from the Garden of Eden by Giacinto Gimignani[/caption]

Human rights are recognized here and elsewhere in the world. These human rights include the right to life, liberty, and property. In these modern times, there are various safeguards against the arbitrary and whimsical deprivation of these rights.

In our Constitution, for example, Sec. 1, Art. III provides, "No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws."

Due process of law, in the classic definition by Daniel Webster, is a "law which hears before it condemns, proceeds upon inquiry and renders judgment only after trial."

The religious among us say that the concept of due process dates as far back as to the time of Adam and Eve. In Genesis, we first heard of the story of Adam and Eve.

Wednesday, February 27, 2013

Broken Promises: Can you sue your fiancé for breach of promise to marry?

[caption id="attachment_2494" align="aligncenter" width="403"]Source: https://www.google.com.ph/search?hl=fil&q=runaway%20groom&psj=1&biw=956&bih=485&bav=on.2,or.r_gc.r_pw.r_qf.&um=1&ie=UTF-8&tbm=isch&source=og&sa=N&tab=wi&ei=_rctUdLEM8KHrAe-64DQCg#imgrc=LgoR4Dtw_0j60M%3A%3BicN6bDC2oE5iVM%3Bhttp%253A%252F%252F3.bp.blogspot.com%252F-omPc_mr9O7w%252FTruhddMowdI%252FAAAAAAAABX8%252FCi6NzfiXMhE%252Fs1600%252FRunaway%252BGroom%252BFinal.jpg%3Bhttp%253A%252F%252Fdiaryofsanjeev.blogspot.com%252F2011%252F11%252Frunaway-groom-part-4-of-4.html%3B720%3B482 Source: www.diaryofsanjeev.blogspot.com[/caption]

Your boyfriend promises to marry you on different conditions: when he finds a stable job, when he saves enough money for the wedding, when he gets 28, or when he's tired of being single. Whatever it is, you patiently wait for that day to come. Then one day he said he changes his mind. He's marrying you no more.

Can you sue your fiancé for his breach of promise to marry?

Of course, yes.

But another question would be, can you compel your fiancé  to pay you for his breach of promise to marry? In legal parlance, is breach of promise to marry an actionable wrong?

Tuesday, February 12, 2013

How I misspelled "case"?

IMG_20130213_071750During our Prelim Exam in Intellectual Property Law, I misspelled a word so simple even a Kindergarten pupil can spell it. A question was asked whether or not Joe Sison, Jr.'s infringement case would prosper.

Then I wrote, "Joe Sison, Jr.'s cas will not prosper."

I admit. I won't even try to rationalize how I did it. It was sheer carelessness that I misspelled the word "case" and instead wrote "cas."

This must be one of the downside of relying too much on Spellchecker in MS Word. I have become so much dependent on it I expect red jagged lines would appear under the word every time I misspell a word.

My consolation was that only one point is deducted from my score.

Sunday, February 3, 2013

Alternative Lawyers – 'Conscience of the Legal Profession'

[caption id="attachment_2476" align="alignright" width="300"]Delegates and organizers of the Basic Orientation Seminar on Legal Aid. Delegates and organizers of the Basic Orientation Seminar on Legal Aid.[/caption]

When you become lawyers, in what field of the law you want to be engaged?

On the second day of the two-day Basic Orientation Seminar on Legal Aid Atty. Neil Pacamalan, Cultural Affairs Specialist for Mindanao of the US Embassy, Manila, asked that question to the delegates from the University of Mindanao and Ateneo de Davao University College of Law.

The question drew a variety of response: commercial law, criminal law, international law, labor law, among others. Few mentioned about public interest lawyering, which others call alternative lawyering or developmental lawyering.

[caption id="attachment_2478" align="alignleft" width="144"]Atty. Neil Pacamalan Atty. Neil Pacamalan[/caption]

This type of lawyering, according to Atty. Pacamalan, is devoted to lending legal assistance and empowering such marginalized groups as urban poor, farmers, or fishers. He said these are the groups that are historically, culturally, and economically marginalized.

Atty. Pacamalan is convinced that involvement in alternative lawyering is not detrimental to the law students’ studies. He surmises that while UP, ADMU, and San Beda excel in the Bar Exams, the three are able to maintain a robust legal aid centers.

He said that alternative lawyering should not be a second choice only, reiterating what former Chief Justice Hilario Davide, Jr. said.

“To me it is troubling that the lawyers who advocate such worthy causes are called the alternative,” said Davide at the First Alternative Law Conference on November 8, 1999. “An alternative is a second choice. You should be considered the mainstream, the first choice, the true and ideal lawyers. Better yet, the conscience of the legal profession.”

Help Mindanao, US Embassy official urged law students

[caption id="attachment_2469" align="alignleft" width="240"]483714_2776201700910_2049610267_n Officials from the US Embassy, US DOJ-OPDAT, UM, and MYVC join the delegates from UM College of Law and ADDU College of Law.[/caption]

"Stop kidding around," intoned Atty. Neil Y. Pacamalan, Cultural Affairs Specialist for Mindanao, Public Affairs Section, of U.S. Embassy. "This is not for the US Embassy, but for Mindanawons."

Atty. Pacamalan was referring to the two-day Basic Orientation Seminar (BOS) on Legal Aid, which was organized by the U.S. Embassy, Manila and the Mindanao Youth Volunteer Corps. The BOS is attended by 31 law students, 21 of which come from University of Mindanao, and 10 are from Ateneo de Davao University.

[caption id="attachment_2472" align="alignright" width="240"]Atty. Neil Pacamalan, Cultural Affairs Specialist for Mindanao, Public Affairs Section, US Embassy, Manila. Atty. Neil Pacamalan, Cultural Affairs Specialist for Mindanao, Public Affairs Section, US Embassy, Manila.[/caption]

According to Atty. Pacamalan, who gave an introduction on what the purpose of the BOS is, Mindanao has a lot of problems, legal problems at that. Law students, he said, should lend their knowledge of the law to address these problems.

Acknowledging the heavy workload of a law student, Atty. Pacamalan nevertheless encouraged the students to get involved, and disabuse themselves from worrying over their petty problems.

"If you continue to stick to your selfishness," he said, "if you always think that you have no time to help others because you have to study first, then nothing will happen to Mindanao."

One way of helping the community in which law students are a part of, he said, is through establishing a Legal Aid Office, which is primarily run by law students, and working on it seriously.

"Tell us if you need our help," he said. "We will help you. But if you don't, we are not forcing you. But we are knocking on your door. Help Mindanao."

Friday, February 1, 2013

Beyond the Bar Exam

Almost everything we do in law school is for the Bar Exam. In a little while, however, a group of law students from the University of Mindanao College of Law will gather for a seminar on the establishment of a Legal Aid Office.

A Legal Aid Office, usually run by graduating law students who are supervised by law professors, primarily provides free legal assistance to those cannot afford to have one. The experience law students get from dealing with real clients and doing real legal stuff is definitely something they can use long after the Bar Exam.

The seminar will be held at Loleng's Mountain Spring Resort. It will last from February 02 to 03, 2013. It will be sponsored by the U.S. Embassy.

Thursday, January 31, 2013

Read, Think, then Answer

During our second exam in Criminal Law 2, a question is asked:
The Municipality allocated 2 million for the concreting of road in Brgy. Tagakpan. X, a municipal treasurer, authorized the release of 1 million for the purchase of fire truck. Besides, the ordinance for the purchase of fire truck was submitted to the Mayor for approval. Did X commit any crime? Explain.

To this question, I answered:
X did not commit any crime. He did not commit malversation of public funds because, although the fund was allocated for the concreting of road but was used instead for the purchase of fire truck, the fund was nonetheless used for another public purpose. Neither did X commit technical malversation because the ordinance allocating the 2 million was not yet approved. In technical malversation, it is essential that there is a law or ordinance allocating the fund for public use.

I almost had it right. X, of course, committed technical malversation because there was already an approved ordinance allocating the 2 million. The ordinance that was not yet approved refers to the ordinance for the purchase of fire truck.

Modesty aside, I find the question easy to answer. But why did I answer it incorrectly? Simple! I was so in a hurry I misappreciated the facts.

Lesson learned: Read, think, then answer. Never answer, then think later.

Far worse than answering incorrectly, however, is not answering at all. Unfortunately, this happened to me, too, during our Midterm exam in Persons and Family Relations. At least, if your answer is wrong, they give you some credit, however little. But if you have no answer at all, you get nothing.

In my Persons exam, I wasn't able to answer the last essay question. Nine of the ten questions are found on the first page, and I thought that there were only nine questions. Unknown to me, and to some of my classmates, is that there's still a tenth question, which is found on the second page, just above the instruction for the Multiple Choice test type. Those of us who did not answer the last essay question were of the impression that the tenth question was part of the instruction for Multiple Choice. It turned out it was not.

Lesson learned: Look before you leap.

Thursday, January 17, 2013

The Criminals' Right

All humans have basic rights. Criminals are humans. Therefore, criminals have basic rights.

This syllogism, although to my mind is valid, is for some hard to accept,  or is simply unacceptable. For how can someone possess a right and yet trample upon another's right? How can someone's constitutional right to due process be protected when other's right to life is violated? Which right should be given more weight? To whom should the balance be tilted?

Take the Vic Siman et al ambush or rub-out or checkpoint-gone-bad (depending on whom you are listening to), which happened in Atimonan, Quezon on January 6, 2013. Vic Siman and 12 others who were with him were believed to be members of a criminal group.

If indeed Vic Siman et al were members of a criminal group, then they shall punished. But how? The answer is, they shall be punished in ways that do not violate the law and the Constitution. The rule of law must be upheld at all times.

That criminals must be pursued is beyond debate. But, to cite Justice Isagani Cruz, “Zeal in the pursuit of criminals cannot ennoble the use of arbitrary methods that the Constitution itself abhors."

Thursday, January 3, 2013

5 Law Student Must-Haves

There are people who use a lot of tools to do their work. And there are those who use nothing at all.

As for law students?

Well, there are lots of things a law student brings every day to class. But there are five things that I consider a law student list of must-haves. To be sure, law students could live without these things. But these things are so common a property among law students that they seemed to have become part of what a law student must have:

Wednesday, January 2, 2013

Blogging in 2012: A Review

Since I started my law studies in June, 2012, I thought 2012 would mean death for my blog. On the contrary, I became more active in blogging. I found a new source of material from studying law. Thus, most of the posts for 2012 have something to do with the law. How did my blogging activity fare in 2012? Here's a review the guys at Wordpress did:

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.



Here's an excerpt:
600 people reached the top of Mt. Everest in 2012. This blog got about 7,300 views in 2012. If every person who reached the top of Mt. Everest viewed this blog, it would have taken 12 years to get that many views.

Click here to see the complete report.