Tonton Neri

Midterms and moving on

2012-01-31T20:40:00.000-08:00

Midterm exams are done! It is time to move on for the nexthalf of the semester.

However, as much as I want to move on, this feeling ofprofound academic frustration consumes so much of my thoughts. I share thisfeeling to all my classmates who just went through the obligations andcontracts exam. We learned the fact that memorizing the codal is not enough andis never enough. When you study the law, study EVERYTHING. Practically, study the cases tosee how these laws are applied.

When I opened the questioner, my mind went momentarily blank after reading the long narration of facts. I do not know where to start. So deconstructing the problem helps by making diagrams. I still find the effort of breaking it down futile since some terms are just pure alien. In a desperate attempt to write something, I just threw all the provisions I know that would probably apply on the broken down facts. The rest is history.

The law is indeed ajealous mistress and it is in these exams that she tests your fidelity anddedication to her.

Nonetheless, all ofthese are implied the moment we’ve decided to enter law school. So let us justclear the dust off our shoulders and prepare ourselves for the next half ofthe battle.

I am a freshman in Law School. These are just elementary rantings.

Bar Qs are helpful

2012-01-29T06:59:00.001-08:00

Ijust have to share. Two bar exam subjects are done namely Criminal Law 2 and ConstitutionalLaw 2. If I’ve just started reviewing a month before the midterms and coveralmost all cases and bar questions, results I guess will far be better. Itwould really help that aside from the normal course of readings, we have toalways familiarize ourselves with how bar questions are being constructed. Eventhough the Bar is 60% in MCQ form, this will also help is a certain way how weanalyze questions. And the best part, some professors might just pick up theirquestions from the previous Bar Qs.

Need of this world – Justice

2012-01-24T07:09:00.000-08:00

It has been said that your vocation is the intersection betweenyour deepest personal desires and the world’s greatest need. Vocation orcalling is your place in the greater scheme of things where ultimately, yourjoy lies.

In the course of my life, I’ve always placed this graphical representationof vocation at a dominant position in my daily thought and reflection. More sonow that my journey towards what I believe is my professional calling hasstarted. My only nugget of wisdom that I can share is that the ultimate sourceof motivation should lay not so much on the potential prestige and worldlyhonor this profession supposedly holds rather it should properly lay on thatintrinsic personal desire to cultivate a character and competency that can effectivelymeet a need of this world – justice.

I keep putting this in my head and it serves as a guiding compassfor me in how to approach the things I do from my engagements to my studies. Sofor us students of the law, though we run a daily life filed with mental andemotional challenges, we should never lose sight on this fundamental and idealframework of living. Study not just for yourself, study for others.

The 3-way test: Prepare your weapons for battle

2012-01-24T05:58:00.001-08:00

Midterms once again! In Law school, you need to reckonessentially with three forms of examination. The first one is the daily oralexamination by means of Socratic Method where we are subject to the sadistic barrageof questions made by the gods to make us realize how inadequate our understandingof the Law is. The second one is the midterm examinations which would test howwell we can recall, apply and articulate the law which we just happened tobegin absorbing a week before. Lastly, the Finals were we invoke divineintervention and summon all the beautiful and truthful things of this world forthe final battle of survival. The 3-way test: Prepare your weapons for battle.

Right to Social Security

2012-01-19T08:30:00.000-08:00

In our International Humanitarian Rights class practicum, weare assigned to engage the Labor sector to help out in some of its legalissues. Since this sector is too broad, we chose to focus on a sub-sector whichwe encounter in our daily commute- the jeepney drivers. This sector, after ourgeneral investigation, is encountering numerous legal issues that the groupmight be overwhelmed if we tackle each. To avert stretching our efforts toothinly, we chose a particular concern present in this sector namely theirconcern over their SSS benefits.

Corollary to their rights as workers is also their right tosocial security.

With the help of the Alliance for Progressive Labor, we werelinked with the Association of Jeepney drivers and operators of Barangay Bonbon.To enable them to resolve pertinent queries regarding the value of SSS, we facilitateda small forum with the operators and the SSS field officers for an afternoon ofinput and forum. It was a fruitfulexchange of information which led the jeepney organization to assert their rightsof social security from their operators which were left ignored before.

In sum, the whole experience made me realize that the studyof law is more than just the textual appreciation of it. It calls us to see thelaw on what it is in its very essence which is the reflection of how we see ourselvesand our worth as human beings and our concept of what is right and wrong. The SSSis an institution which serves the people of their right to social security. Andas an entity created by law, it serves as a reflection of our concept of socialjustice, dignity of human effort and the security we deserve after a fruitfullife of labor. It is exciting for me to be part of that whole process ofanimating that right into something real and tangible in the lives of thejeepney drivers even how small and simple it is.

2011 YEAR END REVIEW

2011-12-31T07:29:00.000-08:00

As a way of tradition, I will now attempt to consolidate asmuch as I can the highlights 2011 has brought into my life. This is in the hopeof tracking the past to aid the formation of the future.

Concluded CollegeLife. After 5 years of College education, I finally graduated this year. Iwent through a lot academically. I transferred from 3 different courses beforeI finally settled with Business Economics and graduated with flying colors. Livingin a material world, it is very important to ground ourselves with adequate andpracticable knowledge on how our society manages our limited resources to meetour unlimited wants.

Concluded the CentralStudent Government Presidency. After a fruitful year of beingpresident, I ended the term in highspirits for much has been reformed in just a year. Being in CSG is one of themost defining moments of my life. It has convinced me the calling in which Iseek to go forth which is policy-making and governance. Too general I know butit is a good start.

Job Offers. I hada couple of job offers; one in the private sector and some in the public sectorall in which I turned down because I decided to enrol in Law School. I realizedthe trade off but I choose to enter the latter because I am confident that Ican best maximize myself in that position.

Law School. Toomuch has been said about my law school experience. I just can say that In thispoint in time, I still find sense in what I read and do. I hope this will notfade that fast. And when asked why I want to study law, the common senseresponse would be I want to be a lawyer. For a deeper response, I want to studythe law because I want to be part of man’s great quest of putting order insociety through the laws which we institute. Nonetheless, the law is nothingmore than the reflection of what we see ourselves as human beings in relationto what is just and good as we see it in this point in time.

My Pad. Thank youto the generosity of my parents and relatives, I finally had a place of my own.I designed the room myself with the aid of ideas from the internet. This hopefullywill nurture a sense of independence and identity.

Sendong. This experiencedefined a generation and it has defined me so much as well. Much has been seenand said. In a personal note, this might lead me to engage more inenvironmental law and social adaptation to climate change.

New Relationships. Bittersweetlife is best experienced when shared by people you love.

My previous last year posts:

2010: http://www.republikaneri.blogspot.com/2010_12_01_archive.html

2009: http://www.facebook.com/note.php?note_id=230581705895

2008: http://republikaneri.blogspot.com/search?updated-min=2008-01-01T00:00:00-08:00&updated-max=2009-01-01T00:00:00-08:00&max-results=50

2007: http://republikaneri.blogspot.com/2007/12/bias-year-end-review-2007-my-life-year.html

2006: http://republikaneri.blogspot.com/2006/12/happy-new-year.html

amdg.

Making Sense of Sendong

2011-12-23T08:30:00.000-08:00

The whole nation mobilized becauseof it. And for a minute, our humble city and its region got the attention andsympathy of the world.

A couple of hours before midnight, all wentblack.

I managed to wake up around midnightbecause of the eerie constant hiss of the wind and the banging noise of mybedroom window. The shaking of a metal sheen resonated behind these noises andthe streets; void of people. These were the subtle signs that something sinisteris happening.

Around 6:30 inthe morning, my parents woke me up so we can assess what damage this unusualstorm might have caused down the street in Burgos. The sun was already shiningits normal course while we were almost ploughing through the thickly muddiedstreet. I saw people already scraping mud off their concrete floors and pilingup their soaked and destroyed belongings. Their faces still managed to create asmile so I figured this might just be a “manageable” flood. Unknown to me wasthe chaos already griping the residents just blocks away.

My childhoodnanny is living just a couple of blocks past the hanging bridge of Isla de Orofrom where we first made sense of what just happened. Anxiously I decided to check her situation. AsI ploughed through the thick mud going to my nanny’s place, I passed by thehanging bridge connecting Burgos to Isla de Oro. So many people and what wasleft of their belongings were scattered around. They were all soaked in mud andsome still shivering cold under the heat of the morning sun. Then it dawned onme that houses or things were not the only casualties, but human lives as well.I can vividly remember walking pass 2 teenagers crying. They were inside amuddied motorela bowing and weeping their hearts out and their faces clearlyspeak the grief of family members lost. A couple of feet away, I can hearpeople already speaking of missing loved ones and all stood still before arescue team recovering bodies scattered at the river banks. It was a horribleunimaginable and heart wrenching scene. I felt I was in the aftermath scene of adisaster movie but this one is real and raw. I was then able to assess thesituation of my nanny and her family. Thank God they are all safe but all theirproperties are gone.

Back home, I cansee from our terrace the increasing activity in the Somo funeral chapel. Out ofcuriosity, I summoned the courage to go there and see the scene for myself. Tenpale bodies lay before me. There were babies, a pregnant woman, old people andchildren. Their faces are still clear and vivid in my memory. The scene wasjust too overwhelming for me but I felt that I have to see it for me tounderstand the full length of this disaster. It took a man crying over her deadwife and washing her muddied face with water that made me leave and tremble ingrief.

The scenes inBurgos and in the funeral home are enough for me to make a clearer sense of thescale and magnitude of this catastrophe. I then went on and volunteered for therelief operations organized by Xavier University.

The aftermath ofthe disaster can never be defined solely by the extent of destruction Sendong broughtinto our city and region. More than that, the aftermath of Sendong is bestmeasured by the indomitable Filipino spirit that came to life in all forms andsizes. These typhoons that have been battering our nation for centuries leftnot only destruction in its wake but it also planted the seeds of that Filipinospirit of sturdiness and resiliency, bayanihan and pakikiisa in the face of araging storm. It is still those Filipino values that we summon in these tryingtimes. We never ran out of images and stories of heroism. And true enough,Sendong has brought out the best in all of us as a people. There is still faithin the midst of death and uncertainty, there is still heroism in the face of disaster, andthere is still generosity in the time of need even from those who wereaffected. God is present and theFilipino spirit is alive in these moments of collective tragedy.

Let us continue to help and pray for the victims of Sendong.

Ready to Engage in Law School

2011-12-08T22:06:00.001-08:00

I am half way through my first year in Law School. I cannot consider this period as a hiatus since it is too early for that. However, the life I am beginning to live by has compelled me to review and articulate my disposition within the confines of Law School. As obviously as it is, my life now revolves around the study of law. I neither have a job nor an outside-of-law-school obligation. My life pretty much, from morning to evening revolves around reading, class, and reading. It is a hell lot boring that what I imagined. I feel that my sharp impulse to engage is beginning to dull. I feel that the things I learned in undergrad are beginning to erode. I feel that the rich experiences I had is becoming meaningless. (Well, then again, as a freshman, settling in isolation is the best way to really get the hang of things) However, it is in these moments of intense monotony and a dreaded sense of personal depreciation that I begin to realize that the gentle breeze I need to light my ambers is clear and present in law school. This is also a realization that I am a person who never settles to what is obvious. I realized in my “disengagement” that I need to get out of the books and immerse in experiences that give life and meaning to those books. Law school is more than just book-to-class experience; it is obviously what you make of it. In my case, in my process of finding my place in this jungle, it is slowly coming to light. As first year is about to end, hopefully with me still standing, prospects for greater engagements are in view. One in particular is my continued engagement with the young and promising leaders of the university. It is an exciting journey to be part of their growth and life. This has been one of my greatest blessings in my life. In law school, I have decided to commit as a volunteer for this year in the Center for Legal Assistance. This is the kind of stuff that I have been looking for. This is the kind of stuff that appeals to my reverence and devotion. Being a law student is not just about being a law student. Even though we are armed with a humble and elementary knowledge of the laws, we are neither ill-equipped nor impotent to render legal services to others. Much more, with our energy and ripe idealism, we might be the best bearers of hope in a community whose perception about the legal profession is less than what we might see it. More than just passing our exams, we are called to greater engagement in the frontiers. We are given the chance to be the sparks to ignite in full light the noble yet illusive idea that those who have less in life should have more in Law.

Dream Home

2011-11-06T06:43:00.001-08:00

Green. Modern. Minimal.

Images of October

2011-11-01T06:20:00.001-07:00

The Lawyer on my mind

2011-10-30T02:49:00.000-07:00

The Lawyer on my mind

By recalling all my experiences in college, I can draw a clearerpicture of what kind of lawyer I want to be when that time comes. My collegeexperience has been formed by my active involvement in social causes. I joinedthe volunteer program of the KKP-SIO. I was also active in the StudentGovernment. I shared these two significant experiences because they areessential in predicting and defining what kind of lawyer I would like to be.

My exposure in social development work and governance has attractedme to engage in “developmental lawyering”. I would like to open a local publicinterest law firm which gives premium in serving indigent clients. Aside frompracticing law, I can also see myself as an advocate for certain social causessuch as the environment, agrarian reform and people empowerment.

My experience in governance as a student leader also inspiresme to engage in governance development. People participation in the politicalprocess is a particular concern that I wish to engage in. I would like to sharpenmy skills to provide competent advice in local government development.

In sum, I see a lawyer who labours to preserve the dignityand nobility of the legal profession; a lawyer who uses his ability to forwardthe causes of those who are left behind. A lawyer who is the voice of thevoiceless and a lawyer who fights for the eternal truth that those who haveless in life should have more in law.

This was written as a seatwork in Legal Writing A. Yearsfrom now, I shall reread this post and see.

Random Thoughts: Problem of too much FBing

2011-10-24T07:57:00.000-07:00

I do see that one of the greatest challenges facing the youth (middle class in particular) now is the disengagement caused by the digitalization of the world. Practically, we almost live a virtual life. Generating self-made internet content has become our primary past time. Though in itself, there is nothing wrong with it. However, if this remains unchecked, we might lose touch of reality. Subconsciously, our worth may now be gauged by the number of likes or comments generated by our statuses, or the number of friends we have in facebook. Therefore, it is important to always be in balance and keep on checking ourselves. Engage more with real people and real experiences.

Why do I support the passage of the Reproductive Health Bill?

2011-10-23T00:54:00.000-07:00

Why do I support the passage of the Reproductive Health Bill?

I’m neither a sociologist nor a theologian. I do not wish topretend to be an expert in this complex issue. I only speak as a citizen and student.So What I do wish to share is the very basics why I believe, in principle, that an RH Bill should becomelaw. I only would like to touch on the aspect of modern and natural familyplanning.

It is the responsibility of the State to educate and provideits people, catholic or non-catholic, all available lawful means for family planning,natural or modern. The Philippines is not just a country of Catholics.

I also believe that it is the responsibility of the CatholicChurch or any religious denomination for that matter to enlighten theirrespective congregation on matters of family planning in accordance to theirreligious beliefs or doctrines. As a catholic and student of a catholic institution,I understand that the Church’s stand is clear: artificial contraceptives arenot in line with God’s design. However, I also understand that we can’t imposesuch belief as a state policy since the state does not represent the Catholicsalone. This is best explained by Fr.Bernas, S.J. shared in his article “My stand on the RH Bill”.

I am very much aware of the fact that we live ina pluralist society where various religious groups have differing beliefs aboutthe morality of artificial contraception. But freedom of religion means morethan just the freedom to believe. It also means the freedom to act or not toact according to what one believes. Hence, the state should not prevent peoplefrom practicing responsible parenthood according to their religious belief normay churchmen compel President Aquino, by whatever means, to prevent peoplefrom acting according to their religious belief. As the “Compendium on theSocial Teaching of the Catholic Church” says, “Because of its historical and culturalties to a nation, a religious community might be given special recognition onthe part of the State. Such recognition must in no way create discriminationwithin the civil or social order for other religious groups” and “Thoseresponsible for government are required to interpret the common good of theircountry not only according to the guidelines of the majority but also accordingto the effective good of all the members of the community, including theminority.”

Lastly,we don’t have to look at the heaves to see the harsh reality of our poor neighbours.They are trapped in this cycle of mentality which falsely assures them that morechildren mean more possible sources of income. Having too many mouths to feedat the very least diminishes the possibility of this family to overcome sucheconomic constraint. The State should not sit idly by so as the Church. The Stateshould provide all possible ways to help these families plan their family size andthe Church should inform them what method they shall choose. At the end, itis a right to have an informed choice – natural or modern methods of familyplanning that should be upheld.

Theintent of this entry is to encourage students to also articulate their stand onthis issue. This is my crude attempt to ignite such conversation since being ina Catholic school; there is a silent fear that voicing such opposing view mightraise the ire of some ultra-conservative teachers. This should not be the case. The School on the other handshould encourage more debates and discussion about the matter so students canform their own opinion, not let others form it for them.

FIRST SEM FIRST YEAR LAW SCHOOL IS OVER.

2011-10-17T10:24:00.000-07:00

With a click of a button, I officially end my first semesteras a first year Law student.

Now that I have a reasonable time to unwind and retrace myinitial journey in Law School, permit me to share a thing or two about the newchallenges and changes brought upon by this.

I would keep on sharing to peoplethe opportunity cost I have to bare in this decision to study Law. I even hadto call off a management job because I already enrolled. At the beginning, it was a bit awkward seeingall your batch mates land good jobs and paying their families’ bills while Iwas carrying expensive Law books that my parents bought with their own money. Thesefeelings and “what ifs” are there but it has devolved into a subsidiary feelingalready. The resolve to finish and pass the bar is beginning to take its shapeand has become the primary source of motivation. This is all what matters forme now. Be a lawyer first before overly thinking about the future.

I miss college. I miss theeasiness of life during undergraduate years. The world of thick books, miles ofreading and legal analysis are alien to most part of my life and this needsgetting used to. Most importantly, Imiss dealing with people. Not that Law school is void of it; it only has addedthe books as part of the “people” you have to develop a relationship with.

Now into the subject matter of Law. First year of learningthe fundamental substantial laws of our jurisdiction such as Constitutional Law1, Persons and Family Relations, and Criminal Law 1 as allowed me to see thingsthat I have not seen nor understand before. It practically gave me apreliminary understanding of why things are what they are.

Constitutional law, in a nut shell, showed me that theoreticallypower resides in the people. We are only delegating our unlimited sovereigncapacity to our “public servants”. Since power has its great temptations, weallocate which department gets to do what power and build a system that checksthe others. Persons and Family Relations taught me that the law touches almostall aspects of human relationships even to the most private. Criminal Law taughtme that it is legally alright to kill as long as three elements of self-defenseare present. Sadly so, we know the theories and we also know the ocean ofdifference between it and reality.

To sum it all up, Law school in its preliminary taste isbitter sweet. So far, I think I can get a hang of it. at the same time, I feelanxious if I can manage the exponentially growing work load. However, with allthese constraints, necessary or self-inflicted, there is a truth that I dearlyhold in Law School. That is that theStudy of Law should be enjoined with a social purpose. We may be trained tomaster the substance of the law but we should also understand the wisdom andimpact it delivers to our society, the very entity the law is established toserve. Ultimately, I do believe that the worth of the legal profession does notsolely stem from winning the interest of a client but more than that, it is bybeing facilitators of nation-building by letting others know their worth andtheir rights and mobilizing such awareness to improve our policies and systems.

2011-10-17T03:17:00.000-07:00

FREEDOM OF INFORMATION
Joaquin G. Bernas, S.J.

With the debate going on now on the urgency or non-urgency of the Freedom of Information Bill one might get the impression that the Bill is about a novel right. As a matter of fact, however, there already is a constitutional provision on the subject. The debate is more about the clarification of the right and about the advantages and disadvantages, or even of the danger, of providing for a statutory version.
The constitutional guarantee now reads:

“The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”

As can be seen, the provision is both a grant of the right and a clarification that the right may be subjected to statutory limitations. The right was first introduced in the 1973 Constitution. It is an improvement on what was originally proposed to the 1971 Constitutional Convention. The orgitnal proposal simply said that access to official records and the right to information "shall be afforded the citizens as may be provided by law." It therefor was not a self-executory provision. It needed statutory implementaion. The draft was later reworded to make the Constitution itself give the right, but subject to statutory limitations.

The significance of this change may be seen when viewed in the light of the pre-1973 case of Subido v. Ozaeta. The question presented before the Court was whether the press, and, for that matter, the public, had a constitutional right to demand the examination of public land records. The Court answered: “We do not believe that this constitutional right [freedom of the press] is in any way involved. The refusal by the respondent does not constitute a restriction upon or censorship of publication. It only affects facilities of publication, and the respondents are correct in saying that freedom of information or freedom to obtain information for publication is not guaranteed by the constitution.” Fortunately, however, the Court finally ruled that the press had a statutory right to examine the records of the Register of Deeds because the interest of the press was real and adequate.

The 1973 Constitution went beyond the Subido case and recognized the right of access to public documents and records as a self-executory constitutional right. The role given to the National Assembly was not to give the right but simply to set limits on the right granted by the Constitution. The right is now recognized as a public right where the real parties in interest are the people. Hence, every citizen has “standing” to challenge any violation of the right and may seek its enforcement by mandamus.

The 1987 Constitution has preserved the 1973 text but with the addition of the phrase "as well as to government research data used as basis for policy development." The amendment came as a reaction to the government practice during the martial law regime of withholding social research data from the knowledge of the public whenever such data contradicted policies which the government wanted to espouse. The reference, however, is to "government research data," that is, to the findings of government funded research and not to the findings of privately funded research over which private proprietary rights might exist.

The constitutional right, however, does not mean that every day is an open house in public offices. The right given by the Constitution is "subject to such limitations as may be provided by law." Thus, while access to official records may not be prohibited, it certainly may be regulated. The regulation can come either from statutory law or from what the Supreme Court has called the "inherent power [of an officer] to control his office and the records under his custody and . . . to exercise [some discretion] as to the manner in which persons desiring to inspect, examine, or copy the record may exercise their rights."

The question then boils down now to determining the scope of official regulatory discretion. This is what the Freedom of Information Bill tries to do. While the Constitution says that the right may be limited by law, the Bill in effect seeks to limit the scope of official regulatory discretion.

The problem, however, lies in determining what matters are of public concern and what are not. For, certainly, every act of a public officer in the conduct of the governmental process is a matter of public concern. Jurisprudence in fact has said that “public concern,” like “public interest,” eludes exact definition and embraces a broad spectrum of subjects which the public may want to know, either because these directly affect their lives or simply because such matters arouse the interest of an ordinary citizen.

It is true that the right, as held by the Court, may be asserted by any citizen. But in the face of the unclarity of the meaning of matters of public concern, every time the right to freedom of information is asserted now, judicial intervention can become necessary. Clearly what is needed is balance. The challenge is how to achieve this balance especially in the face of the recognized right of “executive privilege” which has also been the subject of much dispute in recent months.

17 October 2011

LISTS OF PHILIPPINE LEGAL DOCTRINE

2011-10-16T10:50:00.001-07:00

LISTS OF PHILIPPINE LEGAL DOCTRINE

• doctrine of attractive nuisance
• doctrine of non-suability of the government - doctrine of immunity from suit- doctrine of governmental immunity from suit - doctrine of state immunity -doctrine of sovereign immunity
• doctrine of primary jurisdiction
• doctrine of renvoi
• doctrine of piercing the veil of corporate entity
• doctrine of exhaustion of administrative remedies
• doctrine of "operative facts"
• doctrine of last clear chance - doctrine of supervening negligence - doctrineof discovered peril
• doctrine of res judicata
• doctrine of processual presumption
• doctrine of statistical improbabilities
• doctrine of unforeseen events
• doctrine of conclusiveness of judgment
• doctrine of non-interference
• doctrine of pari delicto
• doctrine of qualified political agency
• doctrine of real and hypothecary nature of maritime law
• doctrine of rational equivalence
• Aguinaldo doctrine
• doctrine of corporate negligence
• doctrine of necessary implication
• doctrine of ostensible agency
• doctrine of apparent authority
• doctrine of estoppel - doctrine of promissory estoppel
• doctrine of corporate responsibility
• doctrine of privileged communication
• doctrine of lis pendens
• DOCTRINE OF SECONDARY MEANING
• doctrine of judicial stability
• doctrine of legal entity of the separate personality of the corporation
• doctrine of self-help
• doctrine of presumed identity
• doctrine of separation of powers
• doctrine of finality of judgment
• doctrine of "imputed negligence"
• doctrine of forum non conveniens
• doctrine of presumption of regularity in the performance of official duty
• doctrine of implied municipal liability
• doctrine of res ipsa loquitur
• doctrine of equitable recoupment
• doctrine of laches - doctrine of stale demands
• doctrine of absolute privilege
• doctrine of ripeness for judicial review
• doctrine of stare decisis et non quieta movere - doctrine of stare decisis
• doctrine of mortgagee in good faith
• doctrine of immutability and inalterability of a final judgment
• doctrine of "mechanical equivalents"
• doctrine of supervening event
• Cunanan doctrine
• doctrine of bar by prior judgment - doctrine of conclusiveness of judgment
• doctrine of eo nomine
• doctrine of equivalents
• DOCTRINE OF "COMMAND RESPONSIBILITY" (EO 226, s. 1995)
• doctrine of "Let the buyer beware" - doctrine of caveat emptor
• doctrine of prior restraint
• doctrine of quantum meruit
• doctrine of implications
• doctrine of "strained relations"
• doctrine of "inverse condemnation"
• doctrine of prejudicial question
• doctrine of waiver
• doctrine of in pari delicto
• doctrine of the law of the case
• doctrine of jus soli - doctrine of jus sanguinis
• doctrine of parens patriae
• doctrine of "compassionate justice"
• doctrine of 'political question'
• doctrine of corporate negligence
• act of state doctrine
• doctrine of executive privilege
• doctrine of merger
• doctrine of non-delegation
• doctrine of co-equal or coordinate departments
• doctrine of holdover
• doctrine of absorption of common crimes (Hernandez doctrine)
• doctrine of res gestae
• doctrine of adherence to precedents
• doctrine of ultra vires
• doctrine of privity of contract
• doctrine of relation back
• doctrine of condonation
• doctrine of limited liability
• doctrine of interlocking confessions
• doctrine of vicarious liability
• doctrine of respondeat superior - doctrine of facit per alium
• doctrine of public policy
• doctrine of the third group
• doctrine of malicious prosecution
• doctrine of res perit domino
• doctrine of fraus et jus nunquam cohabitant
• doctrine of separability
• doctrine of part performance
• doctrine of deference and non-disturbance
• doctrine of quantum meruit
• doctrine of waiver of double jeopardy
• doctrine of supremacy of law
• doctrine of substantial compliance
• doctrine of liberal construction of retirement laws
• doctrine of lis pendens
• doctrine of mortgagee in good faith
• doctrine of presumptive grant
• doctrine of protection against compulsory disclosures
• doctrine of notice
• doctrine of mutuality of remedy
• doctrine of conclusiveness of the factual findings
• doctrine of qualified political agency
• doctrine of sole and exclusive competence of the labor tribunal
• doctrine of loss of confidence
• doctrine of disregarding the distinct personality of the corporation -doctrine of alter ego
• doctrine of agency by estoppel
• doctrine of admissions
• doctrine of reasonableness and intention
• doctrine of proximate cause
• doctrine of separate corporate personality
• DOCTRINE OF LIBERAL CONSTRUCTION OFTHE ADMINISTRATIVE RULES OF PROCEDURE
• doctrine of hierarchy of courts
• doctrine of management prerogative
• doctrine of successor-employee
• doctrine of actio personalis moritur cum persona
• doctrine of vagueness
• doctrine of overbreadth
• doctrine of lack of capacity to sue
• doctrine of presumptive compensability
• doctrine of separation of church and state
• doctrine of part performance
• doctrine of judicial supremacy
• doctrine of completeness
• doctrine of pro reo
• doctrine of ratification
• doctrine of fair comment
• doctrine of election of remedies
• doctrine of indefeasibility of a Torrens Title
• doctrine of constructive trust
• doctrine of subrogation
• doctrine of implied trust
• doctrine of incompatibility of public offices
• doctrine of assumed risks
• doctrine of comparative negligence

The foundation of studying smart

2011-10-08T05:10:00.001-07:00

After a long time, I am finallyback blogging. The demands of Law school have prevented me from doing so.Nonetheless, law school first year first semester is about to end and I can’teven begin to enumerate the interesting changes and new insights that spurredfrom this initial life changing experience we call Law school. To begin with,studying everyday is not longer following a good advice; it is already aperformance of an obligation which if not met will result to sudden death. Lawschool brings a whole new meaning to the word “studying”. Studying has become asort of organism. It has its own complexities and dynamics, behaviour and anatomy,that each of us has to grapple with and understand until the moment we take thebar and beyond. In my case, I just walked a foot in a mile long journey. As anyorganism, we can understand it by observing it. I do think that by studying howwe study the law – which is observing the agent of studying, it will surelyhelp out in the long run. It is vital to know what will make us remember and understand because each one has his own unique way.

All these are ideals that I established formyself to at least “operationalize” in my daily dealings as a student of thelaw. Studying is just one aspect of so many aspects in law school.Ultimately, the foundation of studying smart is really understanding your ownmind in how it processes input – know thyself.

This is just my brain talking. Ihave yet to put this into practice.

2011-10-01T23:21:00.000-07:00

TASK FORCE "TOO-BIG"

Cagayan de Oro City

MANIFESTO

WE, THE CONSUMERS OF WATER PROVIDED BY THE CAGAYAN DE ORO WATER DISTRICT (COWD) , HEREBY PROTEST THE IMPROPRIETY OF THE COWD PROPOSED 30% INCREASE FOR PAYMENT OF WATER CONSUMPTION. TO GATHER OUR COLLECTIVE CONCERNS AND OBJECTION TO THE WATER RATE HIKE, WE HAVE ORGANIZED OURSELVES INTO A TASK FORCE DUBBED “TASK FORCE TOO- BIG ". IT IS A MULTI-SECTORIAL GROUP COMPOSED OF THE BISHOP- BUSINESSMEN'S CONFERENCE- CAGAYAN DE ORO CHAPTER, CATHOLIC SOCIAL ACTIONS IN ARCHDIOCESE PARISHES,CAGAYAN DE ORO COOPERATIVE DEVELOPMENT COUNCIL, KONSUMENTING KAGAY-ANON, CIVIL SOCIETY ORGANIZATIONS AND GROUPS OF THIS CITY.

OUR MAIN OBJECTION TO THE PROPOSAL HINGES ON: WHY PASS ON THE CONSUMERS THE ADDITIONAL EXPENSE OF COWD'S OPERATIONS WHEN ITS EXISTING REVENUE CAN TAKE CARE OF THE COSTS IF PROPERLY MANAGED?
THE COMMISSION ON AUDIT (COA) AUDIT REPORTS ON COWD'S FINANCIAL OPERATIONS (2005-2009) SHOWED EXPENSES "WITHOUT LEGAL BASES" AMOUNTING TO PHP 411.52 MILLION FOR THE 5-YEAR PERIOD. ALSO, UNBILLED WATER (OR SYSTEMS LOSS THROUGH LEAKAGES,ETC) HAS BEEN CONSISTENTLY RISING AND HAS REACHED 53.1% IN 2009, WHICH TRANSLATES INTO MILLIONS OF PESOS OF LOSS. THIS IS OUR CONTENTION: UNLESS THESE FINANCIAL AND OPERATIONAL CONSTRAINTS ARE ACCOUNTED FOR, CORRECTED NOT REPEATED, THEN THE PROPOSED 30% INCREASE BECOMES UNJUSTIFIABLE, UNREASONABLE, UNACCEPTABLE AND UNTENABLE.

WE, THE CONSUMERS WHO DESIRE, HOPE FOR AND SUPPORT AN EFFICIENT PUBLIC SERVICE IN WATER SUPPLY, SEEK OTHER SOLUTIONS TO EXISTING PROBLEMS OF COWD THAT WILL ADDRESS ISSUES ON GOOD GOVERNANCE, MANAGEMENT AND STRUCTURE TO HELP COWD ASSUME ITS MISSION OF SERVING THE PUBLIC.

Grave Abuse of Discretion

2011-09-11T06:50:00.001-07:00

Introduction

Unique from the United States constitutionwhich our present constitution is patterned from, the Philippine Supreme Courtis not only vested with judiciary power but also includes the duty to determinewhether or not there has been a grave abuse of discretion amounting to lack orexcess of jurisdiction on the part of any branch or instrumentality of thegovernment.[1]

To wit, Article 8, Section 1 which expresses the power ofthe Supreme Court states:

The judicial power shall be vested in one Supreme Court andin such lower courts as may be established by law. The judicial power includesthe duty of the courts of justice to settle actual controversies involvingrights which are legally demandable and enforceable, and to determine whetheror not there has been a grave abuse or discretion amounting to lack or excessof jurisdiction on the part of any branch or instrumentality of the government.

The addition was introduced because of the frequency withwhich the Supreme Court had appealed to the “political question” doctrineduring the period of martial law, it is not meant to do away with the politicalquestions doctrine itself.[2]

What is thedefinition of Grave abuse of Discretion?

The exercise of power in an arbitrary ordespotic manner by reason of passion or personal hostility.[3] Such capriciousand whimsical exercise of judgment as is equivalent to lack of jurisdiction.The abuse of discretion must be patent and gross as to amount to an evasion ofpositive duty or a virtual refusal to perform a duty enjoined by law, or to actat all in contemplation of law, as where the power is exercised in an arbitraryand despotic manner by reason of passion or hostility.[4]

There is grave abuse of discretion (1) whenact is done contrary to the constitution, the law or jurisprudence; or (2) whenit is executed whimsically, capriciously or arbitrarily out of malice, ill willor personal bias. In the present case, the Commission on Elections awarded thesubject contract not only in clear violation of law and jurisprudence, but alsoin reckless disregard of its own bidding rules and procedure.[5]

Coverage

In recent jurisprudence, any branch or instrumentality ofthe government covers even independent bodies such as Electoral Tribunal,political parties and the House of Representatives and administrative agencies.Even the act of the President is covered as enunciated in the case of Lacson v.Perez[6],where the President called the armed forces to mend the increasing criminalityin the country.

Conclusion

The power to determine grave abuse ofdiscretion has given the Supreme Court the right to check co-equal branches ofgovernment for abuse. For us law students,it is important to understand the unique power granted by the constitution toour Supreme Court since this allows the Supreme Court to be not just the courtof last resort, but also the protector of our rights and the defender of our constitution.

[1] Article8, Section 1 of the Constitution of the Philippines

[2] BERNAS, The 1987 Constitution of the Republic of thePhilippines: A Commentary, p.952, 2009 Ed.

[3] Jalandoni vs. Secretary of Justice, G.R. No. 115239-40, 2March 2000

[4] Sinon vs. CivilService Commission, G.R. No. 101251, 5 November 1992

[5] InfotechFoundation, et al. V. COMELEC, G.R. No. 159139, January 13, 2004

[6]Lacson v. Prez, G.R. No. 134577, November 18, 1998

Wikileaks Timeline

2011-09-10T21:11:00.001-07:00

on Dipity.

Conjugal Property Distinguished from System of Absolute Community:

2011-08-31T09:10:00.000-07:00

In terms of marriage settlements, the Family Code provides the following:

The future spouses may in the marriage settlements; agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of marriage settlements, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.[1]

In order to have a better appreciation and understanding between conjugal partnership of gains and the system of absolute community, it is best to know their difference. These two property regimes are just a part of other property regimes spouses may enter into.

Conjugal Property Distinguished from System of Absolute Community:

What is a system of absolute community?

This is one of the regimes or systems of property relations between the spouses and the default system in the absence of a prenuptial agreement or when the agreed system is null and void. This system commences at the precise moment that the marriage is celebrated, and any stipulation for the commencement of the community regime at any other time is void. In a nutshell, the husband and the wife are considered as co-owners of all properties they bring into the marriage (those that they owned before the marriage), as well as the properties acquired during the marriage, except for certain properties express excluded by law (listed below). The rules on co-ownership apply in all matters not provided under the Family Code.[2]

What is the Conjugal Property of Gains?

Oftentimes referred to as the CPG, it is one of the property relations between the spouses, under which the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. In other words, the following are placed in a common fund:

1. The proceeds, products, fruits and income from their separate properties; and
2. Those acquired by either or both spouses through their efforts or by chance.[3]

What are their differences?

A. In the system of absolute community, all the properties owned by the spouses at the time of the marriage become community property. In the conjugal partnership, each spouse retains his or her property before the marriage, and only the fruits and income of such properties become part of the conjugal properties during the marriage.

B. In the system of absolute community, what is divided equally between the spouses or their heirs upon the dissolution and liquidation of the community property is the net remainder of the properties of the absolute community, so that it may happen that a piece of land owned by either spouse before the marriage, being the only property left after the dissolution of the absolute community, would be divided between the spouses or their heirs. In the conjugal partnership of gains, however, the separate properties of the spouses are returned upon the dissolution of the partnership, and only the net profits of partnership are divided equally between the spouses or their heirs.

C. The system of absolute community is based essentially on mutual trust and confidence between the spouses and fosters oneness and unity between them. This is in fact the tradition and custom among the great majority of Filipinos and this is the reason why the Family Code adopts this system instead of the conjugal partnership of gains, which is taken from Spanish law. In conjugal partnership of gains, the capital or properties of the spouses are kept separate and distinct from the benefits acquired by them during the marriage. This constitutes an insurmountable obstacle to the presumption of solidarity between the spouses.[4]

D. It is easier to liquidate the absolute community property because the net remainder of the community properties are just divided between the spouses or their heirs. In the conjugal partnership, the exclusive properties of the parties will have to be identified and returned, and sometimes, this identification is very difficult. [5]

[1] Article 75, Family Code of the Philippines

[2] http://jlp-law.com/blog/system-of-absolute-community-property-relations-in-marriage/

[3] http://jlp-law.com/blog/conjugal-partnership-gains-property-relations-marriage/

[4] National Bank v. Quintos, 46 Phil. 370

[5] Justice Alicia Sempio-Diy, Handbook on the Family Code of the Philippines, p62, 1995 Edition

Legal Latin Words

2011-08-19T08:20:00.000-07:00

LATIN	MEANING
Lex Prospicit, Non Respicit	The law looks forward, not backward
Lex de Futuro, Judex de Praterio	The law provides for the future, the judge for the past
Absolute Sentencia Expositore Non Indiget	When the language of the law is clear, no explanation of its required
Optima Statuti interpretatix Est Insum Statutum	The best interpreter of the statute is the statute itself
Ratio Legis	Interpretation according to spirit
Ratio Legis Est Anima	The reason of the law is its soul
Cessante Ratione Cesat Ipsa Lex	When the reason for the law ceases, the law ceases also to exist
Expresio Unius Est Exclusio Alterius	Express mention is implied exclusion
Generalia specialibus non derogant	A general law does not nullify a specific or special law
Dura Lex Sed Lex	The law may be harsh but it is still the law
Cogitationis Poenam Nemo Emeret	No man may be punished for his thought
Actus Non Facit Reum Nisi Mens Sit Rea	The act itself does not make a man guilty unless his intention were so
Actus Me Invito Factus Non Est Meus Actus	An act done by me against my will is not my act
Ignorantia Legis Neminem Excusant	Ignorance of the law excuse no one
Ignorantia Facto Excusat	Ignorance or mistake in point of fact is an excuse
Ubi Lex Non Distinguit Nea Nos Distiguere Debemos	Where the law does not distinguish, we should not distinguish
Mens Legislatores	Liberal construction
Reddendo Singula Singulis	Referring each to each
Cassus Omissus Pro Omisso Habbendus Est	A case omitted is to be held as intentionally omitted
Noscitur a sociis	Finding the context
Ejusdem generis	When general words follow the designation of particular things, or classes of persons or subjects, the general words will usually be construed to include only those persons or things of the same class or general nature as those specifically enumerated.

Psychological incapacity

2011-08-18T20:41:00.000-07:00

Article 36 of the Family Code of the Philippines provides:

A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligation of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

Psychological incapacity is a ground for the declaration of absolute nullity of the marriage. Psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly cognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. [1] In simpler terms, psychological incapacity is the condition of a person who does not have the mind, will, and the heart for the performance of marriage obligations.[2]

[1] Santos v CA, GR No. 112019, January 4, 1995

[2] PARAS, Civil Code of the Philippines Annotated Book 1 Persons and Family Relations, p422, 14th Edition

THE INVESTIGATIVE POWER OF CONGRESS

2011-08-18T11:04:00.000-07:00

A politically-interested friend of mine randomly asked me why does congress, our legislative body, conducts investigations. Since an investigation, according to him is judicial in nature. I guess this is a significant question since ordinary citizens can always see these hearings in TV and its proceedings are the meat of late night news. His question is a good topic to elaborate and in the broader light, every citizen must at least have a basic understanding of the powers of congress for them to better engage the law-makers and the law-making process. The spirit of the question asks about the investigative powers of congress.

The legislative investigation is enshrined in Article 6, Section 21 of the Constitution:

The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

Why is there a need for Legislative Investigations?

Arnault v. Nazareno[1] states the foundation of the power of legislative investigation. The court said through Justice Ozaeta that the power of inquiry – with process to enforce it – is an essential and appropriate auxiliary to the legislative function. A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change and where the legislative body does not itself possess the requisite information - which is not in frequently true – recourse must be had to others who do possess it. In simpler and general terms; for congress to make good laws, it needs good information from the once that implements it. Thus legislative investigation is that tool to extract information.

What do you mean by “Aid of Legislation”?

In aid of legislation serves as a limitation to the broad investigative powers of congress, so as the publishing of the rules of procedure and the protection of the rights of persons. “In aid of legislation” is an essential element in the jurisdiction of the legislative body. Moreover, it is not necessary that every question propounded to a witness must be material to a proposed legislation.[2] “In other words, the materiality of the question must be determined by its direct relation to the subject of the inquiry and not by its indirect relation to any proposed or possible legislation. The reason is that the necessity or lack of necessity for legislative action and the form and character of the action itself are determined by the sum total of the information to be gathered as a result of the investigation, and not by a fraction of such information elicited form a single question.[3]

Does the absence of published rules, as cited in the constitutional provision, bar congress from investigation?

The second limitation speaks of the need to publish the rules of procedure regarding legislative inquiry. The need for publication became a focus in the case of Neri v. Senate case. This case states that the Senate currently conducting the investigation had not published its rules. The Court emphasised that publication gives the notice that is required for due process since investigation can affect the rights of non-members of congress. In effect, in the absence of published rules, investigation cannot proceed.[4]

What is the basis of congress to contempt people under investigation?

The third limitation of the power of legislative inquiry concerns the protection of the rights of persons articulated in the Bill of Rights of the Constitution. However, corollary to the protection of individual rights in the exercise of their investigative power, it should also be understood that Congress can hold people in contempt in its judgement. Jurisprudence provides that the congress in its right of self-preservation can impose penalty in its existence or while in session.

Experience has shown that mere requests for such information are often unavailing, and also that information which is volunteers is not always accurate or complete; so some means of compulsion is essential to obtain what is needed.[5] The fact that the Constitution expressly gives to Congress the power to punish its Members for disorderly behaviour, does not by necessary implication exclude the power to punish for contempt any other person.[6] This must be so, inasmuch as the basis of the power to impose such a penalty is the right which the Legislature has to self-preservation, and which right is enforceable during the existence of the legislative body. [7]

The power to contempt is articulated further by Arnault vs. Nazareno. The petitioner argued that the Senate lacks authority to commit him for contempt for a term beyond its period of legislative session. According to the Supreme Court:

That investigation has not been completed because of the refusal of the petitioner as a witness to answer certain questions pertinent to the subject of the inquiry. The Senate has empowered the committee to continue the investigation during the recess. By refusing to answer the questions, the witness has obstructed the performance by the Senate of its legislative function, and the Senate has the power to remove the obstruction by compelling the witness to answer the questions thru restraint of his liberty until he shall have answered them. That power subsists as long as the Senate, which is a continuing body, persists in performing the particular legislative function involved. To hold that it may punish the witness for contempt only during the session in which investigation was begun, would be to recognize the right of the Senate to perform its function but at the same time to deny to it an essential and appropriate means for its performance. Aside from this, if we should hold that the power to punish for contempt terminates upon the adjournment of the session, the Senate would have to resume the investigation at the next and succeeding sessions and repeat the contempt proceedings against the witness until the investigation is completed-an absurd, unnecessary, and vexatious procedure, which should be avoided. As against the foregoing conclusion it is argued for the petitioner that the power may be abusively and oppressively exerted by the Senate which might keep the witness in prison for life. But we must assume that the Senate will not be disposed to exert the power beyond its proper bounds. And if, contrary to this assumption, proper limitations are disregarded, the portals of this Court are always open to those whose rights might thus be transgressed.

Who is exempt from Legislative Inquiry?

The President, on whom executive power is vested, is beyond the reach of Congress, except through the power of impeachment. It is based on the President's position as the highest official of the executive branch, and the due respect accorded to a co-equal branch of government which is sanctioned by a long-standing custom. Members of the Supreme Court are exempt from this power of inquiry on the basis not only of separation of powers but also on the fiscal autonomy and the constitutional independence of the judiciary.[8]

Conclusion

The power of inquiry flows from the fundamental principle of the separation of powers which our Constitution enshrines. It enables the legislative branch of government to do its job with precision under the delicate relationship with the other co-equal branches of government and the limitations of the power set forth in Article 6, Section 21 of the Constitution. For ordinary citizens, it is important to understand that the law-making process entails vast powers which if unchecked, can invade and insult our individual rights and freedoms. Legislative inquiry as an implied power of the legislature should be at its best, supported for it aids in creating good laws, and at its worst, guarded for it can be a tool to play circus among the self-interests and passions of law-makers.

[1] 87 Phil. 29, 45 (1950)

[2] BERNAS, The 1987 Constitution of the Republic of the Philippines: A Commentary, p.760, 2009 Ed.

[3] 87 Phil. At 45.

[4] BERNAS, The 1987 Constitution of the Republic of the Philippines: A Commentary, p.762, 2009 Ed.

[5] McGrain v. Daugherty, 273 U.S., 135; 71 L.ed.,580; 50 A.L.R.,1.

[6] Anderson v. Dunn, 6 Wheaton, 204; 5 L. Ed., 242.

[7] Avancwna, C.J., concurring in Lopez v. De los Reyes, 55 Phil. 170, 186 (1930)

[8] Sabio vs. Gordon, G.R. No. 174318, October 17, 2006

LAW SCHOOL FOR BEGINNERS LIKE ME

2011-08-13T09:17:00.001-07:00

Law midterm exam week is over! For us freshmen, this experience serves as the beginning of the end of our ordinary lives. In my case, I entered Law school having only a slight idea on what degree of studying I should do and on how to answer in exams. When I begun to dissect the innocently looking case and question printed on paper, I began to realize the immensity and gravity in the study of Law. For beginners, these are few points which might help.

Mere studying is not enough. You do just study hard, you have to study smart. You really have to also dissect the Law books and understand the strands, the wisdom, the exceptions, the requisites, generalities and all its intricate attributes. Every word, every punctuation, every clause in a provision has a legal implication and as law students, you are expected to understand every single bit of it. So this is why law books are freakishly thick. Mastery of the Law really depends so much on our particular study habits. So as early as freshmen year, it is always ideal to identify your study style and develop a study plan based on that. Needless to say, be committed to that study plan.

The mastery of the Law is just a component of the whole learning experience. The indispensable partner of this knowledge of the Law is the skill of legal analysis. Needless to say (and ideally speaking), the law should serve men and not the other way around. It is how you apply the law in human experience that gives the former its life and meets its purpose. In the exams, our score mainly depends on the quality of our legal reasoning. This skill as we were told can be developed by constantly reading the news. In almost all aspects of the news, laws can be applied. It is in this constant mental exercise of application where this skill can prosper.

One professor would always tell us that at the end of the day, the legal profession is all about communication. Language is the third component that every law student is expected to have at least a basic understanding of. Our legal writing professor would always tell us to practice writing – legally. This really means writing with the absence of flowery words and with the prime purpose of persuading the reader to your side.

More than just technical/academic skills, the most important trait to develop in Law school is resiliency. Law school, even how smart you are, is a frustrating experience. This needs no further articulation. What is important then is how grounded you are in your reason for taking up such “extraordinary” experience to say the least. When you are definitely convinced that this is the path you are meant to do, then perseverance and hard work will naturally radiate in all your actions in and out of Law school.

Non-delegability of Legislative Powers

2011-07-24T20:22:00.000-07:00

Non-delegability: The Basics

The concept of non-delegability of legislative power is of great importance in the study of the constitution and in the appreciation of the concept of separation of powers as enshrined in modern democracies. One of the great commentaries on the Constitution of the United States which our constitution is patterned from wrote that “Why go the trouble of separating the three powers of government if they can straight-way remerge on their own motion? The second is the concept of due process of law, which precludes the transfer of regulatory functions to private persons. Lastly, there is the maxim of agency “Delegata potestas non potest delegari (No delegated can be futher delegated)”[1].

Corwin clearly articulated the reason behind the bar on delegation of legislative powers. Our constitution has lodged the legislative power which is the power to make, alter and repeal laws to Congress and as a derivative power from the sovereign people; a delegated power cannot be delegated further.

However, the growing complexity of modern society has led governments to regulate various aspects of human activity as an exercise of government’s police power. Numerous statues have been passed creating administrative agencies and authorizing them to exercise vast regulatory powers. The rules and regulations they issue have the force of law.[2]

There are two theories that support this phenomenon of expanding regulatory powers. The first one is to a non-legislative body may be authorized to “fill up the details”.[3] The second one is congress may pass contingent legislation, that is, legislation which leaves to another body the business of ascertaining the facts necessary to bring the law into actual operation.[4]

A criterion was developed to assure that the power delegated by the legislature is not law-making but law-execution. First one is the delegation must be complete in itself – it must set forth therein the policy be carried out or implemented by the delegate and the second one is fix a standard – the limits of which are sufficiently determinate or determinable.[5]

Jurisprudence

American and Philippine Jurisprudence brings greater light on the subject of non-delegability.

In the case of Compania General de Tabacos v. Board of Public Utility[6], the Supreme Court ruled that the delegation is so general that it is no more precise than if it had just said “The Board may require every public utility to furnish annually a detailed report.” Hence they ruled

that the statute is an unlawful delegation of legislative power.

In the Case of United States v. Ang Tang Ho[7], the Supreme Court ruled that the law, which authorize the Governor General to issue and promulgate temporary rules and emergency measures fixing the price of such cereals for any cause of conditions, contains no standard that will guide the Governor General in determining whether the rise is extraordinary and for determining what the price should be. It is another case of unlawful delegation of legislative power.

In the Case of Araneta v. Gamaitan[8], the Supreme Court ruled that the regulation, which authorizes the Secretary of Agriculture and Natural Resources to impose restrictions on the use of any fishing net or fishing device for the protection of fish or fry or fish eggs, merely supplies the details for implementing the law which is already clear and complete in itself and contains a standard to guide the administrative officers.

Conclusion

They say that tyranny is a system that has been laid to rest in annals of human history. In these modern and enlightened times, the people, in their unlimited sovereign capacity, has delegated their power in 3 equal branches of government – not anymore concentrated in one man, one family or one department of government. It is in this concept of separation of powers where this concept of non-delegability mainly hinges to. As future officers of the court, the concept of non-delegability demands appreciation and understanding for this concept draws the line between the power to make laws and the power to execute them.

[1] CROWIN, CONSTITUTION OF THE UNITED STATES OF AMERICA, 95 (1964)

[2] BERNAS, The 1987 Constitution of the Republic of the Philippines: A Commentary, p.686, 2009 Ed.

[3] Wayman v. Southward, 10 Wheat 1, 42 (1825)

[4] The Brig Aurora, 7 Cr. 382 (1813)

[5] Palaez v. Auditor General, 15 SCRA 569, 576-7 (1965).

[6] 34 Phil. 136 (1916)

[7] 43 Phil. 1,5-6 (1922)

[8] 101 Phil. 328 (1957)

The Philippine Bill of 1902 and Jus Soli

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After the turn-over of sovereignty from the Kingdom of Spain to the United States over the former’s colonies, the United States began paving the way for the Philippines in particular towards self-governance. The Philippine Bill was enacted by the Congress of the United States on July 1, 1902. The act was originally thought out to be a temporary one. It was meant to prepare the Filipinos for independence and self-governance for a period of at most eight years. However, it became the guide for the administration of civil government of the Philippines for fourteen years. It has little character of a constitutional act. Those provisions which one would expect to find in a constitution, such as establishing the framework for government, limiting governmental powers, and providing for the political organization of the executive, legislative and judicial branches, were lacking[1].

Section 4 of the Philippine Bill defines who the citizens of the Philippines were. It stated:

That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except as such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the united States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight: Provided, That the Philippine legislature is hereby authorized to provide by law for the acquisition Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Island who could become citizens of the United States if residing therein[2].

In this Bill, all those that were considered citizens of the Philippines under the Treaty of Paris were deemed to be citizen. Also, all those born after 11 April 1899 to parents who were Spanish subjects on that date and who continued to reside in the Philippines were ipso facto citizens of the Philippine Islands unless they declare their allegiance to the Spanish Crown. It was in this period (1902-1935) that the concept of Jus Soli was actually practiced in our archipelago[3].

[1] GEORGE A. MALCOLM, THE CONSTITUTIONAL LAW OF THE PHILIPPINE ISLANDS 222 (1920)

[2] PHILIPPINE BILL OF 1902 § 4 (1902) amended by ACT OF MARCH 23, 1912

[3] Roa v. Collector of Customs, 23 Phil. 315 (1912)

Ignorance of the law as the basis of good faith.

2011-07-11T07:44:00.000-07:00

I would like to add the concept of Ignorance of the law as the basis of good faith.

Article 526 of the Civil Code provides that:

He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. Mistake upon a doubtful or difficult question of law may be the basis of good faith.

The civil code specifically provides that a mistake on a doubtful or difficult question of law may be the basis of good faith. This does not mean, however, that one is excused because of such ignorance. He is still liable, but his liability shall be mitigated. [1]

In the case of Kasilag vs. Rodriguez[2], the Supreme Court held that one who possesses land by virtue of a void contract can, nevertheless, be considered a possessor in good faith if the law involved is comparatively difficult to comprehend, and as such he is entitled to reimbursement for useful improvements he had introduced on the land before he is deprived of the land.

[1] Paras, Civil Code of the Philippines Annotated Book 1 Persons and Family Relations, p24, 14th Edition

[2] 69 Phil. 217

Locus Standi and Inter-generational Responsibility

2011-07-11T07:42:00.000-07:00

There is an interesting case regarding the topic on Locus Standi.

In Oposa vs. Factoran, Jr.[1], the case involved thirty four minors who went to Court represented by their parents pleading the cause of “intergenerational responsibility” and “inter-generational justice” and asking the Supreme Court to order the Secretary of Natural Resources to cancel all existing timber licenses agreements and to “cease and desist from receiving, accepting or approving new timber license agreements. They alleged that the massive commercial logging in the country is causing vast abuses on rainforest[2].

The issue was whether or not the petitioners have a locus standi.

The Supreme Court said that: “We find no difficulty in ruling that they can, for themselves, for others of their generation and for the succeeding generations, file a class suit.” Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned as stated in Article 2, Section 16 of the 1987 Constitution[3].

[1] 224 SCRA 792 (1993)

[2] Bernas, The 1987 Constitution of the Republic of the Philippines: A Commentary, p.90, 2009 Ed.

[3] The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Compulsory Military and Civil Service and the 1987 Philippine Constitution

2011-07-10T08:22:00.000-07:00

Compulsory Military and Civil Service and the 1987 Philippine Constitution

It has been said that one of the most vital concepts any lawyer should understand and articulate is the constitutionality of compulsory military and civil service. Once invoked, any man with common intelligence is quick to cast doubt on its wisdom and build opposition against it. Thus it is vital for lawyers to let the people fully understand the reasons behind its constitutionality.

Section 4, Article 2 of the 1987 Constitution provides: “The Prime Duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfilment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.”

Though the constitution itself has articulated that this power to compel such actions, it is important to understand the rich US and Philippine jurisprudence that further articulate this matter.

Draft vs. Volunteer System

Before we go further into this topic, it is essential to understand the reasons seen by our constitutional framers on the. The 1935 provision[1] on compulsory military service came into fruition from the recognition of the inadequacy of a volunteer system both in terms of military effectiveness and in terms of quality between rich and the poor[2]. The report of the committee on national defence said that: “the volunteer system is undemocratic, because the cannon fodder, with very few exceptions, consists of proletarians. Added further “sons of the wealthy can evade the sacred duty of defending their country, though it is they who enjoy the advantages obtained through the services rendered and blood spilled by men to whom fortune has been unkind.” Flowing from these points, it can be understood that a draft as opposed to a volunteer system, is more just since it calls each able-bodied citizen regardless of wealth, education, at the very least, to protect the state.

American Jurisprudence

In the Selective Draft Case[3] of the United States which challenge the military draft by virtue of the Thirteenth Amendment[4], the US Supreme Court held that: “We are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defence of the rights and honour of the state, as the result of war declared by the great representative body of the people, can be said to be the imposition of involuntary service.” It can be deduced from the court’s decision that the people themselves through their representatives have declared the state of war and thus as a consequence, require the people to meet its demands in the form of military or civil service.

In the case of Jacobson vs. Massachusetts.[5] , the Supreme Court said that, without violating the Constitution; a person may be compelled by force, if need be, against his will, against his pecuniary interests, and even against his religious or political convictions, to take his place in the ranks of the army of his country, and risk the chances of being shot down in its defence

Philippine Jurisprudence

In People vs. Lagman[6], the accused was prosecuted for failure to register for military service under the national defence act. He assailed the validity of the said act. The Supreme Court said that the duty of the government to defend the state cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty of the Government excusable should there be no sufficient men who volunteer to enlist therein. Added further, the Supreme Court also pointed out that the right of the Government to require compulsory military services is a consequence of its duty to defend the state and is reciprocal with its duty to defend the life, liberty, and property of the citizen.

Conclusion

This topic touches one of the most sacred duties of every citizen and it is the intention of this sharing to shed a humble light on the wisdom behind this noble and sacred duty. In the event that government calls us to defend the state, it is incumbent upon us, as citizens of the state to rid ourselves of our personal attachments, private interests and selfish desires for a cause larger than any one of us. That is the defence of the state which nurtures our very life, liberty and property.

[1] Article 2, Section 2: The defense of the State is a prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.

[2] Bernas, The 1987 Constitution of the Republic of the Philippines: A Commentary, p.67, 2009 Ed.

[3] 245 U.S. 366, 390 (1918)

[4] Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

[5] 197 U.S., 11; 25 Sup. Ct. Rep., 385

[6] 66 Phil. 13 (1938)

The end of days.

2011-06-27T21:46:00.000-07:00

1st Week In Law School

2011-06-27T20:13:00.000-07:00

I am slowly getting the rhythm of my new law school life. The first week was full of surprises and consolations. I had my first oral recitation in Political Law on the National Territory. I never realized that playing Age of Empires would be this applicable in creating a conceptual framework about sovereignty and territory. Nonetheless, my answer was not a home-run, though it was respectable enough. The other subjects are also very interesting but I have strong sense that this interest will slowly erode when I shall begin to dissect all those voluminous cases and texts considering that the first week was still a honey moon period. My block mates also trusted me enough to be their block president. I thought I am through with this but hey, this is who I am. So for the next coming weeks, I am expecting myself to fall in love with the law books which/whom I spend all my day with. I only hope they can answer back when I ask them if they ate their lunch already.

1st Day of Law School.

2011-06-16T09:40:00.001-07:00

"Motherly Funny" I guess would be the best adjective to describe my first day of Law Class. Aside from the obvious fact that our professor was a woman, she also exudes the motherly conduct which allows us to feel relax and easy in her class. Her persona is far from the enumerations of sadistic tendencies given to us during the freshmen orientation. From her side comments and hand gestures, we can draw a conclusion that she is authentically fun.

It was our Legal Writing class. One thing that stuck in me really was how basic its purpose is. We write to convince. Not to inspire, not to romanticize, not to play with the artistic value of words. We write to convince the court of our points.

In the end, it is ultimately the precision of our words where we can fully deliver the force of the law for the interest of justice.

God loves us FIRST. Ninoy and Cory Aqunio Leadership Journey

2011-06-12T22:18:00.000-07:00

In its most profound sense, the Ninoy and Cory Aqunio Leadership Journey weaved my anxiety, excitement, doubts, hopes and fears into one understandable and appreciable picture of my life. I bring so much anxiety into this retreat. Friends are leaving, going separate paths; college comfort has ended and the prospect of Law School still stings with fear and uncertainty.

In all the rich inputs given to us, I want to share a simple highlight.

According to Henri Nouwen, we oftentimes miss the whole point about the nature of our relationship with God. Our common mentality is we keep on doing good so we can merit God’s love. We operate in that one-way relationship which simply spells we should please Him – period. Nouwen opens up this new thought that affirms the fundamental truth that God loves us FIRST.

The question is not “how am I to find God?” but “How am I to let myself be found by him?” The question is not “How am I to find God?” but “how am I to let myself be found by him?” The question is not “How am I to know God?”, but “How am I to let myself be loved by God?”.

Innovation and Thumbtack

2011-05-23T00:35:00.000-07:00

I got the online job as a Snippet writer of Thumbtack.com

Thumbtack is an internet marketplace for local services, launched in December 2009.^[1] Thumbtack allows service providers and consumers to find each other and negotiate jobs online.^[1] In August 2010, CEO Marco Zappacosta claimed Thumbtack had over 50,000 service providers signed up on the website

I had the privilege to meet the co-founder of Thumbtack, Jonathan Swanson in Thai Me Up last May 21. I also met my co-workers in the Mindanao group and our immediate bosses. I believe this was their first Philippine tour and they also met other team members in Manila and Cebu.

Aside from the great food and company, innovation was the real highlight of the night for me. Their stories showed me how innovation specifically online jobs are helping a lot of people earn money in the convenience of their homes and in their own time.

Meeting Jonathan was also a highlight. Though we did not really strike a substantial conversation, his presence has allowed me to see the face of youthful innovation and vision. This, I believe is a fundamental trait for all of us Filipinos. We are by nature innovative. However, our economic circumstances has stalled much of the potential creativity we have and I hope someday in the future, Filipino made online businesses will boom and employ more Filipinos.

First step towards the College of Law

2011-05-12T08:45:00.000-07:00

This is the first step towards a long journey. This morning, I took the Xavier College of Law entrance exam. It was a mix of bittersweet. I got my first chance of how the mind ought to operate in the context of studying the law. Math and reading comprehension was kind of ok but the long critical thinking problems were quite a shock. The essay was like a last-minute inspiration charge. Nonetheless, I am confident that all will fall into place. I am looking forward to get the results two weeks from now so I know what particular area of basic skills I should improve. I also got the chance to see all my potential classmates. It was a very different feeling from my undergraduate exam experience. We have people of different age brackets and professional background. A dynamic experience awaits all of us. I just personally hope that sanity will still prevail under the pressing stress of law school. I would like to conclude with this thought.

Lawyers are vital players of nation-building especially in the preservation of our democratic ideals and the dispensation of justice. The honest practice of law is indispensable in the development of our nation and the attainment of social justice.

I hope as I begin this journey, the thought above will manifest itself. We face a complex society, so let us stay close to the uncompromising values of what is best in humanity.

He is truly the Students’ President.

2011-05-12T06:36:00.000-07:00

As his final official act as President of Xavier University, Fr. Jett signed the 2011 Magna Carta of Students’ Rights and Responsibilities on May 11, 2011 during the student leaders’ tribute in Apple Tree, Opol Misamis Oriental. After 10 years, the CSG proposed a revised version which articulated more specific rights ranging from the prohibition of the purchase of ticket as an academic requirements, freedom to peaceably assembly, right to petition the board of trustees, the preservation of the activity hour/s among others.

We in government hope and pray that every member of the community will be informed about these new rights. Moreover, we hope that we shall act on these rights and the responsibilities associated with it.

Considering all his reforms and improvements done in our University, He is truly the Students’ President.

“To give and not to count the cost...to Labor and not ask for reward...”

2011-05-12T06:14:00.000-07:00

In a simple ceremony last May 10, 2011, Xavier University symbolically turned over 20 housing units to the victims of the last 2009 flood through Habitat for Humanity. In his message, Fr Jett shared a very interesting thought which I wish to share it with you. It goes something like this:

What is inspiring about this project is it is born out of generosity. Imagine a world were mere transactions happen. We lose some, we gain some – net gain zero. The world would pretty much be stagnant. Generosity on the other hand does not seek for reward. We labour because of our love for the poor and this moves our nation forward.

Take away the rigidity of economic considerations, this thought actually is true. We do not gain directly at least financially from our volunteer work but social justice is well served through our labor of love. And social justice is the ultimate objective of our work. I am also happy to see the fruition of the Central Student Government’s House Build Program which contributed one housing unit. The resources were made possible through the generosity of our students and student leaders led by Iraquel Gala.

So for all us, let us keep the equation unbalanced most of the time. As what Ignatius perfectly stated: “To give and not to count the cost...to Labor and not ask for reward...”

Good Governance and Heroic Leadership

2011-05-08T19:52:00.000-07:00

Last May 8, 2011, I delivered a talk on Good Governance and Heroic Leadership to the incoming officers of the Center of Integrated Technologies Student Council. The intention of the sharing was to present the intimate relationship between the personal qualities of a leader and the factors of good governance. I discovered that the 4 pillars of heroic leadership can be “operationalized” as public governance mechanisms in four specific areas. As a summary, a formula which captures the importance of different leadership variables in the overall impact of the council was then derived from this basic idea. I hope that this idea will be further enhanced. As I shared, it is through linking our personal values to public leadership where we begin to appreciate our mission.

Citsc power

View more presentations from Ernesto Neri.

Meeting Fr. Ronnie

2011-05-06T06:33:00.000-07:00

We had the privilege to meet Fr. Ronnie, the parish priest of Princeton, British Columbia. He is the parish priest of my brother who is living there. It was an insightful conversation. He shared to us the difficulty in gathering the young Catholic community there. Nonetheless, it is amazing how the world seems to be smaller because of this meeting. God bless and safe trip back to Canada.

A meaningful day in Claveria

2011-05-03T05:17:00.001-07:00

Last May 30, I had a rare chance to observe the living Basic Ecclesial Community (BEC) Planning Session in Claveria, Misamis Oriental. Wikipedia defines BECs as:

“Basic Ecclesial Communities (BECs), also called Basic Christian Communities, Small Christian Communities and Small Human Communities^[1] (or in the Philippines, Maliliit na Sambayanang Kristiyano) are units of parishes with a greater lay administrative and quasi-sacramental role.“

True to its definition, what I saw were the basic ground movement of the Church and how it continues to be relevant in the lives of these town folks. Well to be honest, this was my first time to hear such movement in the Church. And this has become a source of envy seeing these people live simple uncomplicated lives while committing themselves to these communities. I never have any such community based experience and I am seeing a future life that is far from uncomplicated (As I perceive it). Nonetheless, the church is so alive because of them. I also took the chance to walk around the center of Claveria (an exercise I always do when I am in a new place, especially rural places). Once again, I was struck by their simplicity and uncomplicatedness. Electric wires were well tucked far from our mangled wires here. The public buildings were arranged in very a functional manner; all in walking distance to one another. And I even saw a big family reunion gathered around a big wooden table outside a very old house. They even had a nifty banner hanged by the wall; so simple yet so happy. I learned so many things from a day in Claveria. One thing is how important communities are not just for the Church but for the nation as well and how we city dwellers should begin to organize our lives around simple and functional things and values.

Visioning Exercise

2011-05-01T09:06:00.000-07:00

Articulating clearly what you want to achieve in the long term really helps a lot in sustaining the motivation.

Atty. Ernesto B. Neri is a CdeO based developmental lawyer and public governance specialist specializing in people’s participation mechanisms in LGUs and public service quality development.

He is also an educator and a blogger/writer. He is the founder of the “Tabang Legal” (Northern Mindanao Public Interest Law Center) and the Neri Law Foundation.

He organized the Makapaya Social Farm project. He is also the President of the Katarungan Newsweekly, the oldest weekly newspaper in Mindanao.

Ad Majorem Dei Gloriam

Exploring Philippines' Neighbors

2011-04-30T07:45:00.000-07:00

Stopover at Singapore

ShenZen

Hong Kong

Indonesia

Macau

Hong Kong

Thailand

Exploring is one activity I would love to do. Even in rural Filipino towns, I never miss the opportunity to stroll the streets just being lost in the culture and the spirit of the place. I just thankful of the wonderful opportunities given to me to explore not just the country but also its neighbors. These experiences definitely widened my horizons about the world and its people.

MONEY AND POWER IS EVERYTHING

2011-04-22T22:04:00.000-07:00

Cut all the mission bullshit. What defines this world is money and power; nothing more, nothing less. History of mankind itself is defined by this constant struggle of power and money. If you do not have money, you do not have power. If you have power, natural consequence is you desire for more money to feed that power. People respond to incentives, so the person who can command the greatest incentive in the form of money or its equivalent controls the people’s responses – the people’s respect. And this cycle continues. This is the harsh reality of the world and there is nothing we can do about it. Every man is for himself. We disguise our desire of influence and power under the cloak of goodness and selflessness. We parade ourselves in churches and charities for people to see how he is living “the good and right life”. This is the system. We could either fight it in vain or join them and have all the things you want in this world. If you can’t beat the enemy, better join them.

This is the standard of the world. Is this what life is all about? a cycle of power and money?

The story of Christ has proved this wrong.

Convenience et al v.s. Dream

2011-04-17T06:49:00.001-07:00

It was initially uncomfortable.

Knowing that your close friends are landing into good jobs or leaving the nest for “greener pastures”, I ended up pausing and feeling a pinch of envy. A month before my graduation, I decided to defer any full-time employment opportunity to pursue a life goal; that is to be an officer of the courts – a lawyer. And of course, this requires 5 more years of rigid academic training which is clearly an understatement.

Considering that I already established and made sense of this desire, I would ask myself why do I feel this sense of discomfort. Am I not sure of my decision? It would later reveal that it is not because of indecision. It was because of taking big risks. I consider this as one because I will forgo 5 youthful years worth of potential salary and volunteer experience to a profession which only assures an average of 25% passing rate in the Bar. And for any young adult who went through economics, this is a risky leap of faith.

My story, I believe, is a common one that many young adults face. It is a case of a general theme on convenience v.s. dream; convenience which means short term and low risk while dream means long term, high risk, plus pain. When I was still in high school and mid-college, the choice would be very easy. I would choose “the dream” with all the romantic fantasies of heroism and selfless struggle in order to attain that noble goal. But now that I am in the precipice of the real world where that cloud of imagination is beginning to fade and the real picture of the intimate relationship between means and goals reveals itself, it is no longer a “world peace” answer. We have to seriously consider both.

In my case, I decided to discount convenience. I decided to defer relatively high paying corporate jobs which will definitely fund my goals and cost me an extra three or more years for a profession that I see myself doing everyday. I will dedicate HALF A DECADE of my life digging into thick voluminous law books and cases in preparation for a life mission that I believe will allow me to positively impact more lives. My friends might be driving their own cars by then and I may still be half way through my cases, but hey, this is what I decided to do. As my father said, “do what you love doing, and money (or convenience) will just follow.” And that is really the point of my sharing. Identify what you want in life, where you see yourself grow and where you see yourself positively impact the lives of people especially those who needs us most (our families and the easily marginalized). It maybe in public service, religious life, corporate life or other professions. And once you find it, pursue it with all your heart and mind with the grace of God and all will then fall into its proper place regardless of the great struggles you went through. Take the first step towards that goal and In my case, it's a step that will last for half a decade. Struggles made in the context of a purpose are not struggles at all, but easily decipherable life lessons. It is a leap of faith but this is what life is all about.

And I guess this is one indicator of pre-law school anxiety.

SHIFT THE TASSEL

2011-03-19T08:52:00.000-07:00

A week from now, we (the graduating batch) shall experience that singular moment of relief and joy when we ceremonially shift the tassel of our graduation cap from the left side to the right side.

In my case, after eighteen (18) years of Xavier/Jesuit Education, I can’t fathom the innate simplicity of the symbolism of shifting the side of the tassel as the ultimate symbol of college graduation. Though I understand that symbols are made to simplify complex human ideals, I can only infer that the shift of the tassel has a grand story behind it which is unique to every graduate.

My college story was that of a quest for significance, meaning, and direction. This story is nothing different from a multitude of others yet this insistent quest had led me to discover more than what I expected.

I began to learn the value of friendship knowing that college is a big place with so many “others”. Where your “friendship turnover” is relatively high and where you have more acquaintances than friends. The value I am speaking of is that priceless consequence of friendship, deep or not deep, which is discovering ourselves more through knowing others. This is the underlying magic of friendship. That quite act of liberation is at work every time we meet and know someone, much more if we deepen it.

I began to appreciate my faith more. The indispensable role of my Catholic faith in my life shined brightly in College. Though dark clouds often block its shimmer, it has shined enough to make me appreciate and realize how fundamentally important it is. College in all of its challenges and philosophy subjects has tested this faith but it has even gained strength. In simple terms, I’ve learned that life is void of purpose when everything is certain. It takes faith in the uncertainty for it to unfold in its due course.

I began to learn the value of my education. College has allowed me to see that my education is more than its face value. It is no longer just a tool for me to make a living nor an assurance for my adult survival. “A good education to get a good job” is no longer enough for me. College has taught me that this line should now be: “A good education to be a better citizen/person”. College education has transformed into an education as a potent instrument for the promotion of justice. And clearly this can be exercised in all professions and status in life. Cynics may easily dismiss this as sheer fantasy, but this world view is the very thing that makes us different from the rest – this is what makes us ateneans.

We commence a new stage in our young lives and we shall commence it with fidelity towards our values, hope for our nation, and faith in our God.

Making Sense of My Legal Future

2011-03-07T07:49:00.000-08:00

In the eve of my presumably final days of college life, I find myself dissecting the plans I placed for myself about the initial direction I will take. However, this is still under a cloud of mystery, of where this direction will ultimately lead me – the very thing that makes me excited about life. I have declared to myself and to the world that after undergraduate studies, I shall enter a far different world called Law School (after calling off all prospects of corporate or government employment). Tracing the history of this decision is an interesting one. Initially, the legal profession was not something I would utter as my dream job before after seeing all the voluminous books I should read and understand. It was something of a default once your dad is a lawyer. Then, It was nurtured by my silent witnessing of my father – a trial lawyer himself in how he helps poor clients with their legal concerns pro bono. As I became nerdier, this desire appeared to me in different forms; from the enigmatic procedures of the Roman Senate in ancient Rome to the last defence of Nazism in the Nuremburg trials. All of which I fell in love studying and discovering. Then student politics and leadership came in and it all seemed to fall into a decipherable order. The combination of my basic interests in history, politics, and human relations met with my new found mission of social development. Social development or better yet nation building animated by “the faith that does justice” is the very heart that holds all things I believe in. Integrating all my experiences, all of my strengths, and my aspirations, it is the pursuit of justice in public governance or socio-economic development (even though how vague it can be) work where I must go forth. Though all is called to do justice to every man, my context has allowed me to conclude that my instrumentality to do justice to every man and to society as a whole is to build a legal profession. And the story then will just begin.

MY FINAL REPORT AS YOUR CSG PRESIDENT [FOR CENTRAL POST 11]

2011-03-07T04:07:00.001-08:00

MY FINAL REPORT AS YOUR CSG PRESIDENT [FOR CENTRAL POST 11]

I received a personal massage in facebook. It came from a group of students who were concerned about their lab fee. They reported to me that they were not able to use the speech lab during the whole duration of summer classes yet the fee was reflected in their assessment. With the quick response of our STRAW team, we were able to facilitate the concern and within a reasonable period, the account was reversed. Admin-student gap bridged.

In a day of heavy downpour, the service center of the CSG handed out its umbrellas to students who have no form of protection from the heavy rain. In some cases, officers with umbrellas escort trapped students who would otherwise risk themselves of being wet and sick. Basic services established.

With the call for a more reasonable time slot for student activities and for the administration to respect its place in university life, the Academic Council approved the proposal to move the activity hour from 5-6 to 6 – 8:40 (final class slot) affording the student organizations the time needed to effectively conduct their activities. Organizational welfare enhanced.

In my experience as your President, these are the real and vivid pictures that best capture what your student government has been doing for the past year of its governance.

Going back to the beginning of this fruitful journey, we assumed the presidency with the banner of inclusivity, rootedness, and engagement in governance. But what does that really mean now that we have come to the end of our term? How did these principles play out into actual programs and policies? What do these words mean to you, to us and for the future?

“An Inclusive government means a transparent, accountable and responsive representation that is mindful of the mandate bestowed upon him by the electorate.”

A quick review of some old literature of the students’ view of the CSG reveals that it is primarily seen as the “mother of all events organizer”. We can only blame ourselves for this sad reality. One is quick to conclude that this is so because there is no other way to reach the students effectively but through fan fare and entertainment. However, we also quickly concluded that we can reach more students if we act like a government. And not just any government, it should be a government that operates with transparency, accountability and responsiveness as the forefront of all their actions. We have lessened the fan fare and we have increased our investment in the pillars of good governance.

This policy is best expressed in our devotion to financial transparency, monthly performance reporting, consultations, open volunteer system and our streamlined complaint processing system. For transparency, your CSG posts its cash flow and account balance in a monthly basis which also shows the expenditure share of each government unit. Official minutes of executive meetings are published online which includes attendance of the officers. Officers who fail to show up in the meetings are made to reveal their reason and are published online. In reporting, Your President gives monthly reports to the different student councils, offices and the student publication on the affairs of student government. This is also published online. In terms of consultations, Online and forum consultations were held in a monthly basis during the first semester. This practice ultimately directed our policy engagement for the remainder of the year. For students who want to involve in per project basis, we have opened the open volunteer system which accommodated nearly a total of 150 students in different CSG projects. For the complaint processing, the Students’ Rights and Welfare Commission has partnered with the Office of Student Affairs in facilitating complaints in a new and more accountable process. This resulted to one of the highest complaint resolution rates in student government history.

Needless to say, The Central Student Government is ought to be the government of, by and for the students. Being true to these words requires a leadership that is mindful of the trust and mandate given by the student body. In our case, it is the quick response of the STRAW in the lab fee complaint that made a big difference. It is ultimately the trust and confidence of the student body where the government’s influence depends. This trust and confidence is nurtured only by an open government. If it is lost, then all is lost.

“A rooted government means a leadership that anchors itself, its resources and effort in the real needs and concerns of the students.”

You or someone you know might have remembered that you/they answered a survey questionnaire at the end of last school year. Rootedness means that the efforts of the government in anchoring itself are not on the opinions and homogenous experiences of the leaders in CSG but on the real pulse of the students. Through the survey results, the students made known to their government that they have mainly 4 broad areas of concern namely: academic development, student services, socio-political involvements and extra-curricular involvement. This exercise resulted to the massive internal organization in years. From 7 executive departments in the past, it was reduced to 4 new and semi-autonomous Departments which were created to meet the needs of each of the 4 areas. The beauty of this approach comes from a simple truth; that governing blindly is not governing at all. As a first step to our own version of “matuwid na daan”, this allowed us to direct our energies and resources into the right place. Slimming down government units and allowing them to operate semi-independently did not only allow focus on specific areas but also allowed efficiency and creativity to foster.

This policy of rootedness was best expressed in the basic services we deliver to the students based on the areas of concern. This year saw the rise of the devolved student tutorial program, the CSG Service Center, and the Xavier School of Sorts. The tutorial program which addresses peer to peer study needs of the students empowered the co-curricular organizations to develop their tutorial services that resulted to the highest number of tutees ever recorded. For everyday service, the new CSG Service Center does not only sell snacks but it also rents out calculators, cell phone chargers, umbrellas, and Bibles helping those students in urgent need. This daily contact to students made your CSG closer to its constituents. For those who desire to develop their talents and learn new skills, The Xavier School of Sorts is an alternative class program that caters to the extra-curricular interests of the students from languages to arts and many more.

For the Central Student Government to be closer to its constituents, it has to target the basic needs that the students call for such as the simple call for umbrellas during a heavy downpour. If our governance is immersed in real student life, the deficit of relevance slowly disappears.

“An engaging government is a leadership that goes to the frontiers to build relationships among institutions and people for best results.”

Your CSG, as a physical institution is composed of only around 50 student leaders and only around 20% of it volunteer

fulltime in the office. Compare that to the 11,000 students who we are supposed to serve and govern and the hundreds of teachers and staff we are supposed to build relationships with. We are but a drop in the Sea called Xavier University. This image of your CSG as a tiny part of a huge community courts the idea of how insignificant its position is and in some cases it has taken away the drive and energy of our leaders. However, I discovered that your CSG is anything but insignificant if it only knows what it is here for, who to engage with and how to engage. Beside the challenge of actual governance, it is really how to make the influence of CSG touch the most basic everyday affairs of students that will make it truly significant. We took this idea as a necessity so your CSG embarked in a proactive policy of engagement. This came to life in different forms.

In terms of policy and nation building, it is brought to life by our constant reporting and recommendation-giving to the Academic Council (the highest academic policy making body of the college) where we report in a monthly basis. This resulted into some policy highlights such as the reform of the student activity hour and an extensive revision of the Magna Carta of Students’ Rights and Responsibilities which is still in process. We also linked with the Security office concerning issues of inconsistencies and the newly formed Solid Waste Management Committee which oversaw its first phase of implementation with the new segregation bins. Beyond our walls, building a house for the marginalized is also an engagement we directed our energies to under the Xavier Home program with the partnership of the Habitat for Humanity of Cagayan de Oro.

In terms of student sectors, we engaged proactively with the Office of Student Affairs in Student Assistantship Program Development where we championed a creation of a new policy that includes the SA’s Bill of Rights and the creation of a core team for an SA Organization. We also made sure that your CSG will be a potent force in the development of the scholarship program through the creation of a student body scholarship fund among others.

More than anything is how we brought the engagement to the student body into a new untapped sphere – social media. The power of Facebook and the blog in particular has allowed your CSG to amplify its message and extend its reach. We do not only exist in the second floor of the StC building; we can now interact online. This is a powerful development for bridging the gap between the students and their government allowing suggestions, questions and concerns to freely flow.

One thing is certain; Your Central Student Government cannot do it alone. It requires the constant engagement of key institutions/ organizations and support from the students. It is through this rich interplay where the real effect of good student governance can be felt such in case of the activity hour reform.

We would like to believe that this was a transformative year for our student government and student governance after a period of questions and doubts. Though not always smooth and precise, we have “operationlized” the basic pillars of good governance and laid it in place as a good foundation for the next administration to develop and improve. This, we hope is a testament that government, even in our own school can make a difference in the lives of others amidst the cynicism and apathy that pervades the youth’s view of government today. In a greater light, we hope that the great project we call “YOUR VOICE.YOUR GOVERNEMNT” will bring a new sense of optimism and faith that there can be a government that can work for the common good and for the simple service for the student body.

2011-02-22T19:28:00.000-08:00

Egypt in Uprising: What does this mean to us?

2011-02-05T09:26:00.000-08:00

Egypt in Uprising: What does this mean to us?

If a revolution has an anatomy, its life blood would be the sheer energy of frustration and anger unleashed by a people. Its heart would be that glimmer of hope that all will change for the better. In Egypt’s case, 29 years of Hosni Mubarak’s authoritarian rule have slowly assembled the parts of this revolution and it took only one lighting bolt from neighbouring Tunisia to put its heart into beating order.

We are all seeing it unfold in the daily news. So then I ask, what does this mean for us Filipinos?

What is astonishing about this revolution is how it started and who started it. With the inspiration drawn from the successful Jasmine Revolution in Tunisia, an Egyptian facebook group called “The April 6 Youth Movement” emailed all its members across Egypt to come out and protest. They set January 25 as the protest day called “The Day of Anger”, a fitting expression of the utter dissatisfaction people felt about the state of their economic and political life. This is where it all began. This political event organized by the dissatisfied and idealistic youth of Egypt affirms the truth that we – the young citizens have the power – the political power to influence the course of a country. This power I believe comes from our youthful energy, our ideals unburdened by time, and our hope to inherit a better state of life than our parents have. The youth of Egypt is no less different than any other youth around the world much less than our own. And this reminds us the immense potential that we all young people have if we put our energies into one common goal and fight one common enemy; in their case – a regime that outlived its purpose, in our case – a culture of corruption that breeds poverty. In a much specific sense, we can then stem a challenge for all of us graduating students; how can we integrate this kind of revolution against the culture of corruption in our career options?

The Egyptian uprising also affirmed a fundamental belief that it is only a matter of time when people demand change if a government suppresses their basic rights to life, liberty, and property. Peace and order is born only from a society that embraces dignity, freedom and equity. Time and time again we have seen this unfold in human history, and as a matter of fact, we were the once who perfected it. We Filipinos, while Mubarak was gripping power for just 5 years under emergency law, showed to the whole world how democracy looks like at its finest hour; a peaceful, spontaneous and grassroots revolution that toppled a two-decade long dictatorship. The revolution in Egypt in most respect is a far cry from our own People Power Revolution as far as the means being used. Shots were fired, bombs were detonated, hundreds died. It is sad to know that our kind of people power did not penetrate their cultural fabric. Nonetheless, we can declare that what they are doing now, we had done it before – but way better and of course, way more peaceful. Not much of a brag now if we see where our state is. We had our chance before; we had our moment before but it seems like we have forgotten it. This revolution in Egypt also serves as a clear reminder of who we are as a people and what we had done together. The spirit of people power that is already part of our blood should be transformed into something else – something more than political. How can we continue to live out this spirit of people power as we are reminded of in this revolution?

The platform in which this revolution began is a proof of how this new age of connectivity empowers social action. “The April 6 Youth Movement” exist not as political party with a head quarters in Cairo; it is housed not in a building but in cyberspace specifically in facebook. The implication is massive. We have seen how social media played a critical role in a presidential campaign. Now, we are seeing how it is playing a critical role in facilitating a revolution. That is why the Mubarak regime immediately pulled out the internet connection of the whole nation. The regime fears that an intangible cyber continent will become the new base for grassroots political organizing. In the hands of the citizens, this is their powerbase. Social media has allowed the diffusion of the power to inform to the hands of millions of individual users. Social media allows people to magnify their message and expand their reach in the comfort of their own rooms. If used for political action in an environment that is ripe for revolt, then it becomes a potent force not to be underestimated. We Filipinos are also known for Friendster and Facebook so let us leverage on this as what the Egyptian youth did. In the experience of our own struggle to reform a cultural regime of corruption that breeds poverty, how can we effectively utilize our social media savvy towards this end?

The revolution in Egypt is a reflection of the human desire to build a better world through a just and humane society. This is nothing different to the other revolutions that occurred before in the stretch of human history. What is significant is its parallelism to our own Filipino situation. We might not be under a dictatorship but we are surely under a cultural regime that utterly needs reform. If there is an anatomy of revolution, let its blood not be born of frustration and anger, but of hope and love. And, let its heart be a genuine desire to rebuild our institutions and the dignity of our people.

Bag Packer in Manila

2011-01-27T06:23:00.000-08:00

Reconnecting with JJ Medina and Karl Maqui in Rice Bowl Gateway. Thank you J for the free dinner!

One of my obsessions

Visited the halls of power

Will propel the region . . .

A family legacy waiting to soar again

2011-01-26T09:23:00.000-08:00

Ang Katarungan—Cagayan de Oro City”s first newsweekly

Ang Katarungan (The Reason) is the first newspaper to be established in Cagayan de Oro City. It was printed in letterpress and was handset.

Established on July 1, 1903, Ang Katarungan was founded by the Neri brothers—the late former Misamis Or. Rep. Ramon B. Neri and former Misamis Or. Gov. Vicente Neri San Jose.

Ang Katarungan initially was published in Cebuano, the local dialect and was a 4-page tabloid printed by an old-type Minerva printing press and was handset. Its first issue came out with 300 copies, a rather big circulation during the days of the early American period.

In 1926, Ang Katarungan changed its format. It became a bilingual—English-Cebuano news magazine in 16 pages.

Except for the interruption from two fires in 1937 and 1940 and World War II, the paper came out regularly up to the present making its claim as the oldest existing newspaper in this city valid.

The two fires in 1937 and 1940 destroyed the paper’s office and printing facilities. However, these setbacks did not dampen the publishers of the paper. Through the help of their friends and loyal subscribers it managed to put up its printing facilities again and resumed publication.

But when World War II erupted, the Japanese closed down the publication in 1942. When Liberation came in 1945, bombs destroyed the printing facilities of Ang Katarungan and again it had to literally begin from nothing.
On July 17,1948 with Vicente Neri as its publisher-editor Ang Katarungan resumed publication. The issue featured stories on the eruption of Mt. Hibok Hibok volcano in the island province of Camiguin, which was still then a part of Misamis Oriental.

It also carried advertisements of commercial establishments and subdivision lots for sale of the Nazareth subdivision (the city’s first subdivision, now one of the city’s barangays).

The newspaper later went back to being a tabloid when Augusto Neri, son of Vicente Neri, one of the founders of the newspaper assumed as publisher-editor in the 60’s.Augusto F. Neri or AFN as he was known also served as an elected ember of the Cagayan de Oro City Council.

The paper, now renamed as Ang Bag-ong Katarungan comes out every Saturday in four pages only due to economic difficulties according to its publisher. It is still printed in letterpress and earns mostly from judicial notices.

Upon the death of Augusto F. Neri in 1982, his wife Isidra P. Neri took over as publisher of the paper while his son Atty. Augusto Neri,Jr. took over as editor. Geronimo F. Valenton now edits the paper.

Source:
http://www.skyscrapercity.com/showthread.php?t=539722&page=8

You got to be Kidding, Lord!

2011-01-22T02:25:00.000-08:00

You got to be Kidding, Lord!

It is moments like this that I would fist-bump God because of his funny antics.

Here is the story. I was waiting for a multi-cab at the corner of a block in Grand Europa for a ride back home after our half-day brownie bake session. It took an awful lot of time waiting for one. I guess it was due to the heavy traffic and long route caused by a road repair in Masterson Ave. As I was waiting for a ride, I passively observed a family of three walking along the street so as with some other people; just me and my being observant. As the agony of waiting slowly filled me, I decided to just stroll around the block and look at the different designs of the houses there. It was this point that I dreamed of owning a sleek and modern house someday and I hope to benchmark in some of the houses I observed along the street. After a quick stroll, I waited for a ride in the main road in one of their neat waiting sheds. Other people were there and so as the family of three whom I saw earlier. I was looking for a multi-cab, they were looking for a taxi. Minutes passed until one taxi pulled over. Unexpectedly, the mother of the family called me and offered me to join the ride with them. I did not think twice and accepted the very generous offer with great thanks. As I settled in the taxi, I silently thanked God for this generous family whom I earlier I just passively noticed and now, I am riding with them. This does not happen every day.

I took the initiative to strike a conversation. She asked me the typical GTKY questions like my course and my year, well except for my name (I think it’s a Filipino thing). As I finished my sentence of introduction, she awkwardly commented “wala pud nag duol sa imo ang mga Jesuits na ipa pari ka?”. Bang! What the! I did not even come close to even imagining this comment coming out from her. It was totally out of the blue. For a moment, I was speechless. She continued and revealed to me that her brother IS actually a Jesuit, Fr. Jason Dy whom I served as mass server in his first thanks giving mass 2 years ago in Xavier!

Come on!?

What an amazing and rare convergence of people, event, and spirit. Rare thing. Close to a miracle in some degree.

I was thinking about a beautiful house in the future, I got a ride from a generous family whom I do not know, and I was then reminded of this vocation all in one setting. You got to be kidding me Lord!

Signs are often rare but when it happens, it creates this interior ripple effect. It somehow removes the cloud of doubts inside you and a clearer tapestry is seen. Let us be sensitive to these things.

And Pray.

Do not hesitate to talk.

2011-01-20T18:28:00.001-08:00

When I knew he was available, I immediately grabbed the opportunity to have a conversation with him.

I always find Fr. Rudy Fernandez, Sj (not the action star) a very interesting Jesuit. He gives very insightful, moving and practical homilies. I also find him almost every day strolling around campus with a book in his right hand. Almost an enigmatic force glows in his presence. When we were seatmates during a forum about roads, I grabbed the chance to strike a conversation with him. I asked him if he still conducts spiritual directing and he still does at a gentle age of 80 +. With the help of a CM officer, I got a schedule with him the next day.

I do not want to elaborate what we talked about. What I can only share is what this priest has given me. His great peace which is characterized by his openness and wisdom of seeing the nation grow as it is aided me so much in putting order in my perceptions and as he said “connecting the dots” . I believe this is one grace we have in a Jesuit institution; we have great men who we can easily talk to.

Let us all grab the opportunity to have a simple conversation with our Jesuit priests. Talk about anything in life and you will just me amazed of how they seem to weave it into one understandable and appreciable tapestry. An hour with them can bring so much insight.

In Memory of Mr. Ralph Buyante BSN -4

2011-01-20T05:09:00.000-08:00

I knew of his death when an administrator texted me. When I read the name, no face registered in my memory. At the same moment, since I was online in facebook, I took the initiative to search a profile that matches this name. Shockingly, when I saw his face– I knew him instantly. He was my classmate long before in our Political Science class and If I remember it correctly, he was our class beadle. I could remember that every time we cross paths in campus, he never fails to nod or greet. I knew that he was a kind a humble person.

The fangs of sadness just gripped me when the news began to sink in. It was heartbreaking. It led me to question why this could have happened which we always often do. A graduating nursing student two months shy from graduation – a final bow after 4 long and tiring years in the college but now, all gone.

Now at the dust is starting to settle, we can’t help it but ask why? And this question will lead us to so many answers. It will lead us to question the causes of the accident (traffic rules? Driver discipline? Who is responsible?) And even ask the futile question of why of all jeepneys, he rode that particular one bound to disaster? Why? I could not even begin to fathom the pain the family is in. My thoughts and prayers go out to them and their loved ones so as the other victims of this accident.

Ralph’s loss reminds us of how fragile life is. How we really do not know when our time will be. How we really live on a thin line between death and life. His loss reminds us of our own mortality. After the pain simmers down, I believe our hearts will not anymore question the causes of this particular accident or how could it have been prevented. Rather, our hearts will settle on the rich memories this particular person shared to us and how he lived his life to the fullest.

May the Lord accompany him in his return home.

For those whose heart beats for the family of Mr. Buyante, please visit the CONUS office (2nd floor StC building to give your donations.

One Day More

2011-01-19T08:13:00.000-08:00

This is my favorite song in Les Miserables. It captures the struggle of the "miserables", the marginalized as they prepare for revolution. We shall sing this everyday for tomorrow is always a day of revolution. Revolution that is subtle, that is interior that will ultimately produce fruits of justice for our marginalized brothers and sisters.

Road and Development: Insights from the Australian Aid Program

2011-01-19T08:01:00.001-08:00

I had a fascinating chance to listen to a forum with the Australian Aid on their Program called “Philippine Provincial Roads Management Facility. One thing I particularly would like to share is how they operationalize and integrate good governance to improving the road system. In a nutshell, road is a public good and political at that. People see the quality of roads as primary direct indicators of the quality of governance. Moreover, roads are our economic arteries that bring prosperity and breaks isolation that breeds poverty and ignorance. This is a good way of focusing its aid for development.

In summary, the Australian Aid "incentivizes" governance reform by allowing the government to draw up their own development stages and meeting each stage signifies another aid contribution. This process allows the local governments to assess and develop their own processes opening up a bigger space for creativity, innovation and engagement from civil society. The program also taps local labor in the development and/or maintenance of roads stimulating local economies.

In development economics, we’ve been taught that developing countries lack the needed capital injections to propel economic growth. One way of filling that need is foreign direct investments or foreign aid. In this case, foreign aid for development is a boost in our efforts to move this country forward. Above all that, development can only work if the major stakeholders of the local community are involved where they participate in their own development. In this manner – commitment in our own development, whether with aid or with our own means, this country will surely develop in the long-run.

A funny case of misinformation

2011-01-19T07:06:00.000-08:00

Yesterday, I almost paid the price of believing in wrong information. I almost missed my Industrial Economics because I recorded a wrong time slot in my planner. I arrived 25 minutes late in a 1 hour exam. By all measure, this is a common mistake but I find the circumstances surrounding this event very insightful. For one, the date was already posted in our class facebook group, thus very visible. I kept on linking useful review notes that would appear just above the date. It was just their under my nose. But, I did not seem to bother the information. I did not bother completely reading the whole schedule thread. I just knew it’s there and I did not mind it because at the back of my head, I already relied on what I have recorded in my memory. In process, I have subconsciously blocked all other information that is related to this particular category of information because I believed that I already got it; that I have all that I needed to know. The wisdom I believe I can get from this is the simple idea of open and close mindedness. If we believe that we are sure in a particular idea, we normally tend to block other information that might challenge it. This naturally response I believe is the main culprit that cripples innovation and imagination. So with that, I leave this lesson as one that calls us to always absorb process, analyze and innovate. Ultimately, this gift is responsible for pushing our civilization forward.

First Day of Midterms.

2011-01-17T06:32:00.000-08:00

It was a slow day. I woke up around 9:30 am still bearing that heavy feeling last night. I am getting use to the silence again yet I come to believe that this is a normal process of adjustment just like 10 months ago. Spend a couple of hours surfing the net and watching Les Mis. More than the music, i think the message of the book is strikingly reflective of our own country. I upgraded my skype. I would keep by facebook page online hoping that my brother would be online. I guess he slept in his initial hours in Korea. After s mall lunch, I went off to gym. Again there was a sense of silence. When I returned to the house I would look up to the door and imagine that my brother would peek and open the door but of course no one opened. In school, I was quite overwhelmed when i saw the long line in window 6 (bank payments). I fell in line and it started to drizzle. To make good use of the time, I reviewed my notes while it captured small drops of rain. Surprisingly, I saw my colleague in government wearing the csg shirt. I tasked him to visit the treasurer’s office and see what we can do about this long line since another bank window had this passively placed “closed” sign peering on us while we were slowly getting wet. What a waste come to think of it. My colleague returned possessing an order. He announced that the other half go to the treasurer’s office to finish the “admit to exam” transaction. It made me think. This is one concrete way of doing our role in simple cases of inconvenience. From possibly waiting for an hour, I finished my transaction in 15 minutes. I studied in a very quiet place where I can be closer to the source of truth – the chapel. I spent a good 20 minutes there. Then I went off to my first midterm exam. It was relatively easy though with some challenges in the identification part. I only memorized their first name. Tsk. After an hour of exam, I went to the office to visit and went to the library to photocopy an ancient book which still cites the Soviet Union. I went home with my close confidant. I did manage to buy my favourite sweet corn and malunggay pastel. It made me think again, how much these FS guys are earning and will their partnership will survive after college. I think 4 owners are just too much.

At home, I made sure that to study my notes. I would like to thank YouTube for providing me with all the materials I need for tomorrow’s exam.

Quite a slow day but yet it has its surprises. So we should never discount every day. All have its own fair share of lessons to teach and good memories to relish.

When will be my turn to go there! hahaha!

2011-01-16T18:21:00.001-08:00

I thought I am through with this already. But even how much I rationalize my feelings, the fangs of sadness really consumes me. I think it is no longer the thought of him away. We have gone pass that realization already. I think it is really more of the memories, that even for a short while we became once again a complete family that will be truly missed. I miss the “ulit-ulit” in the mornings while I am still half awake and manong would just curl up beside me. Before he got the visa, I considered that practice as a bullshit start of the day. His never ending pangulit would start the moment I wake up and the moment I go to bed. I dreaded it. But now, that he is away. I relish every bit of it. I would often close my eyes and wish that it would last forever knowing that this unique expression of brotherhood will happen again in a long time. I will miss the moments when I would arrive from school and he will be the one to open the door and greet me with this pointing finger over my mouth. I miss the moments when we would watch DVD together and insist that we will turn on the air condition. I miss the moments when we have to debate or fight over his piece of clothing since I have only a limited baggy few.

These are the simple memories we have when we were together for the holidays. Now, he is on his way back to Canada for another long time. This time, I do not know when he will come back. I only hope that this sadness will subside just like before when he went off for the first time. On the brighter note, this has caused us to value our brotherhood more and we became more open and loving. Distance has actually made us closer.

I will surely miss his presence in the house. Nevertheless, skype will provide us the channel but the longing will always be there - the longing to be a complete family where he can ulit ulit me whenever he like.

Thoughts on the Change of Schedule Scheme of Xavier University

2011-01-15T08:27:00.000-08:00

This change of schedule scheme is I think the most contentious and significant change of policy the student body has faced in recent memory. Even my facebook shout out announcement on the matter indicated its gravity by generating the highest interaction to date in my wall.

Needless to say, every single student will be affected by this and the culture perhaps of the campus will also be affected by this. The question in all of our minds now is this: “Will it generally benefit or harm the university?” At initial glance, there are so many factors we can consider in gauging its effect on our welfare. There are the factors of order in terms of classroom assignments, there is also on energy consumption, waste management and class “readiness” considering we now have a full day of rest in Wednesday. On the other hand, we are also anxious about its weight on our attention span, our learning process, and also the potential stress a 1:30 minute class will do to us.

In a personal note, I welcome this setup since it offers a new rhythm in campus life. However, like any other new policy, I have some apprehensions. One in particular is the issue of class time. This issue opens a need to review a whole volume of scientific study on how our mind absorbs and process information. This, I guess is very critical since it will in the long run affect the academic performance of the students. The faculty therefore should be challenged to not just be “creative” in their approach per se but they should have a deeper understanding of the variables at play in the course of their 1 hour and 30 minute classes. They should be masters of communication control and creative intervention.

Atop of that, Xavier has an above average number of units required especially for the freshmen. This can facilitate a problem. Continuous classes with minimal break will just be too much for us. Therefore administrative guidelines should be implemented to cap the number of classes to be allocated in a day. Also this will most likely affect the morale, the productivity and even the sanity of the students if not controlled properly.

This issue has indeed opened a lot of concerns. I guess what is important is keeping this intelligent conversation going about the merits and demerits of this policy. This is also a chance for the next student body leadership to really make full use of their representative powers and apply the truest meaning of governance.

I have included some links that can help shed light on “attention spans” scientifically.

http://www.ntlf.com/html/pi/9601/article1.htm

http://gradschool.about.com/od/collegeteaching/p/How-To-Lecture-Teaching-Tips-For-Graduate-Students.htm

Why Kentucky is the Philippines

2011-01-14T08:32:00.000-08:00

The Economist has given us another interesting map. Considering population size and GDP, the closest identical US state is Kentucky. What does this mean for us?

source http://www.economist.com/blogs/dailychart/2011/01/comparing_us_states_countries

Facebook Philippines

2011-01-12T06:32:00.000-08:00

Isn't it amazing?

This is a map that shows the facebook friend mega-network in souther and eastern Asia. It reveals the links of different centers of population all around the region. This image tells us something about the Philippines. For one, this image shows how almost all major islands in our country is radiating with facebook activity. This tells us about our infostructure. How about Mindanao? Interestingly enough, it also shows a relatively bright facebook presence so it is not quite left out from the rest of the region.

facebook presence in my opinion can be considered a soft indicator for economic development in this global and knowledge economy. Facebook presence obviously means internet connection. Internet connection which means an information structure that facilitates the exchange of information --- value.

(photo by economist.com)

East vs West

2011-01-12T06:17:00.001-08:00

I discovered this neat application that predicts what year Chinese economy will takeover the American economy. You just need to tweak 3 variables.

src="http://media.economist.com/sites/default/files/media/2010InfoG/Interactive/China_US_GDP_Dec18/main.swf"
allowscriptaccess="always"
allowfullscreen="true"
width="495" height="380">

A small sharing about student governance to the next generation

2011-01-11T08:42:00.000-08:00

Zipping hot coffee,

I spent a meaningful evening with the potential CSG leaders for next year. My message is technical yet important for any person to occupy a position of authority and of public trust. In the context of student governance, it is important they we should first organize what concerns/issues we shall engage in a limited time span and with limited resources. Explore all roots of the issue and base action programs and engage policies from there. Second, know the political dynamics of the university. Know the key players, the head of offices, the personalities and the system/culture at work so we can better engage them. And finally, educate yourself about politics and the political process.

Student governance is an interesting mission. We are given the chance to do something for the students with greater impact. We are given the chance to stand up for those who can’t stand up for themselves. We are given the chance to serve.

Leadership Simplified Synthesis

2011-01-09T21:09:00.000-08:00

Leadership is a lifelong process,

As captured by Chris Lowney in his book the Heroic Leadership. It is in this spirit that I shared my derived an simplified version of the accumulative process of leadership to a group of 5 freshmen students who participated in the Ateneo Campus Leadership Discovery on January 9, 2011.

In all the references I’ve read on the topics of leadership, I can synthesize them into 3 simple and general approaches which I guess reflects the leadership process.

Know: the primarily starting point is knowledge. It is grasping a

nd articulating who you are, what you value, what you believe in, what your vision is and why you do it which stirs us towards action. It was beautifully articulated by Fr. Arrupe when he said that:

Nothing is more practical than finding God,
that is, than falling in love
in a quite absolute, final way.

What you are in love with,
what seizes your imagination,
will affect everything.
It will decide what will get you
out of bed in the morning,
what you will do with your evenings,
how you spend your weekends,what you read, who you know,
what breaks your heart,
and what amazes you with joy and gratitude.

Fall in love; stay in love,
and it will decide everything.

One practical consideration for knowing yourself is the practice of blogging or journal writing after a 15 minute reflection. This practice captures the feelings and thoughts that you have in that moment. If you do it in about 3 months and review it, you begin to see patterns about who you are. It is in this knowledge that you begin to see the graces, the gifts and will then lead you to ask yourself what you can give to the world.

Develop: the next practical step after having an understandable picture about ourselves is to nurture the knowledge that you have substantially gained after a concentrated effort to know they self. Read books, expand your knowledge in the context of your desires, and take note of your skills and what you want to develop further. This is where practical innovations happen when we desire to nurture what is given to us.

Multiply: Building the community naturally flows from a person with competence and knowledge in his mission. Multiplication deals with you unlocking the potential of other people. It is coupled with love and the deep faith on the potential of the human person that drives leaders to nurture other leaders. In the process, influence is further cultivated and our interior nurturance begins to bare good fruits. A practical application of multiplication is to be active in a specific social advocacy.

This does not end in multiplication. Once you think less about yourself and more about others, we begin to empty ourselves. This “emptying” then leads us to further deepen our desire to know more about ourselves and ultimately our creator. Then it starts all over again. This cycle grows the influence in us and this helps us amplify and spread the reach of our mission throughout the world.

Being Central Student Government President 2

2011-01-08T19:18:00.001-08:00

Being Central Student Government President 2

The semester is about to end and the conclusion of the first half of the academic year gives a sense relief and reflection in my mission as CSG President.

Many ask and wonder, did the whole semester and the demands of the presidency sucked out the energy in me? Did I become more “realistic” about certain things I considered Ideal when I started? Did I trust people less? Did I become cynical?

Now that the semester is setting, It is safe to asses my sanity in this respect. With all the pressures and expectations, one thing in particular defined how I see my mission in the student government. It is the realization that the whole grace of shepherding a flock or leading a student body is having the honor and opportunity to enter into other people’s lives.

I may not realistically lead all the 10,000 students defined by the constitution as CSG’s constituents or my 10,000 bosses. But every a time a student comes to the office bearing with him/her concern or problem and with an ounce of hope that the student government can do something about it, this brings forth a surge of energy in me because I can actually see my place and the student government’s place in the greater scheme of things.

It is having this opportunity to be a part of the solution of their most basic problems and concerns that keep me energized, that keep me going, and that keep me working for the mission. From calling an office to drain an accumulating pool of water that is becoming a mosquito breeding ground, to a student who chatted to me that he and his block mates are doing the P-E-C-A-L. From a team mate in the office who thanked me for the trust and opportunity given to him, to facilitating a complaint of a student who was unfairly treated by his teacher. From a Student Assistant thanking us of having this chance to form an organization, to a student who can’t afford to lose some library books. I can simply brush it aside as part of my job description but THIS IS grace. I see it as grace. It is grace because it is an opportunity presented by someone above to be part of making something good. This is something beyond myself, beyond comfortable. Ultimately, these actions serve as a channel for me to see and communicate to God and how he plays in all of these student government affairs.

I think this is primarily what public service is all about. It is standing up for justice in behalf of others who can’t stand up for themselves because it is the right thing to do. Now more work to be done.

Tonton Neri

The Economic Significance of Cdeo Starbucks and the rest

2011-01-08T19:15:00.000-08:00

I am becoming more convinced of the growing consumer spending capacity of the middle class in Cagayan de Oro City that matches that of our northern counterparts. Starbucks would not have selected this city as its first coffee shop in the Island of Mindanao if it was not for this. The opening of Starbucks, the world’s number one “coffee shop” which pretty much sells the brand more than the coffee validates how the city is slowly becoming a central hub of trade and commerce with a growing culture of “affluence”. To put it plainly, the Kagay-anons are willing and able to spend more. What does this mean to all of us? It signifies an exciting time for Cagayan de Oro. This growth in terms of big lump sum investments and a growing consumer spending can deliver a large multiplier effect that all innovative entrepreneurs can take advantage of as signaled by the Starbucks opening, Hotel constructions, and International Airport construction. Small shops will open to accommodate the influx of foreign tourists brought in by the upcoming International airport, taxis and other alternative transport will blossom when new luxury hotels will be built, the tourism industry will have a frenzy, and our ethnic artisans will have a to double their production. In the light of this economic momentum, this is therefore a call to all the brilliant, innovative, and ambitious Kagayaons to remain in the city and invest in the City and its people. The market in its upward trajectory is perfect for entrepreneurial ventures. Starting capital remains relatively cheaper but with a growing market willing and able to spend.

HOW TO SOLVE THE PROBLEM OF THE DIRTY STC CANTEEN AND BEYOND. (what i learned reading Gladwell's Tipping Point)

2011-01-08T19:12:00.000-08:00

This is an analysis of the seemingly endless tale of the satellite canteen trash crisis. This I believe is the epicentre of the campus wide problem on proper waste disposal.

The Satellite canteen near the Stc Building has been the subject of criticism about what we desperately lack as a community - a deep sense of ownership and cleanliness. It is a common scene where students just leave their leftovers waiting for the canteen personnel or even for the next occupiers to clean up after them. Countless entries on social media especially on facebook have lambasted these kinds of behaviour and countless initiatives had been launched from the students to the formation units to counter this social behaviour. But in all of these efforts, it seem like nothing has taken deep lasting effect.

As I mentioned in my first line, this is a simple analysis and recommendation which I hope can compel our authorities to reflect and act in solving this community problem.

Fundamental Attribution Error

The premise of this analysis is anchored in what psychologists call the Fundamental Attribution Error. This theory states the tendency to overvalue personality based explanation while undervaluing situational explanation for those behaviours or the environment in which the behaviour operates. This simply means that character does not have a significant bearing in one’s actions as much as the external environment. If you read much of the reactions students post online about this matter, more than 50% directly blame the background, the upbringing or the apathetic strain of those who leave their plates on the table. This theory brings in a significant change of perspective on how we look at this problem. It is not so much of what level of consciousness that they have, rather it is the condition of their surroundings that affect their behaviour. This will then lead me to my next point.

Broken Windows Theory

In criminology, broken windows theory describes how broken windows actually invite people to commit crimes because it signifies a neighbourhood with no one in charge, no one responsible to replace the windows, or no one seems to care. This picture actually invites crimes. This means that an unwelcoming environment welcomes the unwelcomed. This theory has some sort of parallel application to our own case in the canteen. Students when asked what they generally feel when eating or staying in the canteen, they have expressed a degree of disgust and discomfort in the whole canteen set up. The heat, produced by the plastic roof and the hard cement floor added up with the moisture, congestion, the long lines, the small tables and uncomfortable plastic seats contribute to this atmosphere of untidiness. Even seeing the actual cooking of the food and the odd scent of the air contribute to this “communal feeling”. It is not so much of the trash scattering around but the feeling itself seems dirty as one pointed out. This feeling my not completely register into the students’ minds as something appalling creeping into their pores but it is a subtle invitation for the occupants to be also untidy. The surroundings actually invite us to be untidy.

Time and Motion Study

Given that the students do bring their plates to the proper dispensers, it actually requires a substantial amount of effort. By average, it requires around 35 steps or about 20 seconds from point A to the dispensers located at the sides of the canteen. The dispensers’ location in itself is problematic. It is placed near an eating table. It is not in a relatively open area that can accommodate a number of students. Students naturally clump their tables together and form circles that distort the traffic flow. This might not seem to be a hard effort but navigating through the congestion in the peak lunch hour is clearly a disincentive. The stalls at the central area perpendicular to the main selling area contribute to this obscure traffic flow. The set up actually opens multiple buying points (which creates lines/crowds) per stall that is also perpendicular to the eating area. There are micro intersection points all around the canteen. This produces traffic which adds moisture, disorder, and untidiness.

Conclusion

I do believe that if we just work on putting order and cleanliness in the canteen infrastructure, the rest of the students will follow in its cleanliness. The tipping point in this case is to improve the physical setup of the canteen. I sense that a clean canteen with clean walls and clean processes can carry its cleanliness beyond its walls into our pavilions, our kiosks and our benches. Let us see the canteen as the central social hub of the campus. It is in the canteen where students mostly interact, exchange ideas, and transmit behaviours without the rigid structure of the classroom. Revolutions can start here. And a green one is just waiting to be born. It is fascinating to see even in our temporary satellite canteen, we can extract a substantial amount of science and social dynamics. Though this is temporary, the satellite canteen serves as a reminder for policy makers on the importance and power of context in making changes. Just by fixing at the margin such as fixing traffic flow, and cooking procedures, we can spark a green revolution in campus. This might work. The soon to rise Magis Complex that will house the new canteen is an interesting venue for the next BIG THING – The green revolution.

Para kanino ka bumabangon?

2011-01-08T18:58:00.000-08:00

People always ask me if the presidency has taken away the better half of my sanity. I would always reply them that by God’s grace, I am enjoying every bit of it.

Sure there are struggles, pains, dilemmas, compromises, neglect or disappointments but pretty much that is what I enlisted for in the first place. The enjoyment comes when above all the barrage of everyday challenges, I still find sense in what I do. And it is mainly from that sense of “sense” that I regain my energy and govern another day. The “sense” that I am talking about here is that spirit we feel and see when we wake up every morning because we believe and we know that someone, even a stranger out there needs us. This thought is not just exclusive to people of influence or authority. The world’s need calls to everyone. People need us and the world needs us. It is in understanding that there is a need in this world and it is our part of our humanity to fine tune ourselves to meet that need.

And every time that need meets our individuality, there is joy – deep seated joy.

Harvard at Home

2011-01-08T08:43:00.000-08:00

Though I have been viewing lectures of different US universities in Youtube before, I just came across this great site: http://athome.harvard.edu/streaming_video.html. If you find constantly find yourself before a computer screen, it would be useful to at least allocate a portion of your time to receive insightful inputs from these brilliant sources.

This in particular is an exhaustive discussion on moral philosophy and how it animates in everyday life.