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?