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THE
NEXUS
VOLUME XVIII, ISSUE NO. 1
AUG 2019 - DEC 2019
OFFICIAL STUDENT PUBLICATION OF MSU COLLEGE OF LAW - ILIGAN CAMPUS
what’s inside ABOUT THE COVER EDITORIAL STAFF E 03
?
ABOUT THE COVER ing for since the colonial period. Since then, and tears have fallen through sadness and Although blindfolded, she perceives beyond our NEXUS
Respect
OPINION 04
05 06 08 10
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West Philippine Seas or Will Philippine Cease?
Nexus”.
BOL is FUSED and CONFUSED! BOL : The Current State Of Its
By: Teodoro R. Llanes II THE
NEXUS AUG 2019 - DEC 2019
VOLUME XVIII, ISSUE NO. 1
12
FEATURE 13
The Pieces He Was
CASE DIGEST 14 15
PASSING THE BAR COMMUNITY SERVICE AND THE ADMINISTRATION OF JUSTICE COLLEGE ORGANIZATION
OFFICIAL STUDENT PUBLICATION OF MSU COLLEGE OF LAW - ILIGAN CAMPUS
Photographer:
Vanessa M. Cabili Teodoro R. Llanes II
Photographed by Vanessa M. Cabili
EDITORIAL STAFF
ADVISER
Ivy Mae D. Pantaleon EDITOR-IN-CHIEF
Dorothy Marie A. Oporto WRITER
Vogue Vernal B. Orcullo ASSOCIATE EDITOR
Norajannah D. Lantud
02 | TABLE OF CONTENTS
WRITER
Marija Kara E. Trinidad
WRITER
ASSOCIATE EDITOR
Teodoro R. Llanes II LAYOUT ARTIST
Abdullah M. Edris WRITER
WRITER
Yahoo! News |
SOGIE BILL:
Legislating Mutual Respect By: Ivy Mae D. Pantaleon
“...the State
these vulnerable spaces to abuse.
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is punishable under this bill. Yes, it does say that it is for anyone since under
ing. We respect you, but please, do respect us dissenters, too.
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EDITOR’S TAKE | 03
The Law and the Fight for Climate Justice By: Marija Kara I. Echavez-Trinidad
As Greta Thunberg puts it:
04 | OPINION
WEST PHILIPPINE SEAS OR WILL PHILIPPINES CEASE?
Photo credits:
A Take on The Enforcement of the Arbitral Ruling By: Ma. Concepcion A. Betaizar
But in the absence of enforceright against West Philippine Sea?
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arbitral ruling against China?
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The Philippines as the coastal state having sovereign right over
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and Brunei regarding the South China Sea; sending the Philip-
Canada in the South China Sea and West Philippine Seas; and,
used in the Spratly Islands in the past decades. China has also these facts, it is safe to say that China has contributed to the par in parem non habet imperium or, unless of course, the other chose to act inferior. I hope the
OPINION | 05
CAN LAW B of convicts under GCTA General-Director of Bureau of -
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rule that penal statutes should be strictly construed
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06 | OPINION
in favor of the accused.
Photo credits:
E UNJUST? By: Abdullah M. Edris
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a confusing theory— they can avail under RPC but not
truth that the GCTA is being sold by the enforcers of the
favor the accused.
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possibility of abuse.
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to corrupt leadership. of those prisoners before they are released contrary to -
OPINION | 07
Photo credits:
BOL is FUSED and CONFUSED! By: Inno Mangaday
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Region.
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subject that is dependent on the benevolence of the NG. confused by the BOL.
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ty.
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08 | OPINION
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xxx
BARMM, and is integrated into the Philippine Judicial categorical as to the sources of funds needed for the pines.
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Provinces of North Cotabato and Sultan Kudarat, and the
District Courts.
added.
OPINION | 09
Photo credits:
Bangsamoro Organic Law : The or
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BARMM.
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held on June 25, 2019, Parliament Member Mussolini Lidasan Code, the Bangsamoro Electoral Code, the Bangsamoro Local Government Code, the Bangsamoro Civil Service Code and the revenue sources for the BARMM includes taxes, fees, charges
10 | OPINION
Photo credits:
current status of its implementation. By: Norajannah D. Lantud
BCOBAR As to the areas outside the scope of BARMM, there is currentG. Macapaar.
Modi said,
SOURCES: Bangsamoro Autonomous Region in Muslim Mindanao. (Sept. 6, 2019). 1060 MILF-BIAF Combatants to be Decommissioned on September 7. Retrieved from bangsamoro.gov.ph on Sept. 10, 2019.
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On the other hand, earlier this year, Maguindanao Governor
Bangsamoro Autonomous Region in Muslim Mindanao. (June 26, 2019). BTA Holds 7th Regular Session. Retrieved from bangsamoro.gov.ph on Sept. 10, 2019 BangsamoroBBL. (2019). Road Map Towards the Muslim Mindanao. Retrieved from bangsamorob bl.com on Sept. 10, 2019. Fernandez, Butch. (April 22, 2019). P30-B Funding in 2019 Budget Assured for Bangsamoro. Retrieved from busnessmirror.com.ph on Sept. 10, 2019. Fernandez, Edwin. (July 9, 2019). Cotabato City, 63 Villages Placed Under BARMM. Retrieved from www.pna.gov.ph on Sept. 10, 2019
Dismember Territories. Retrieved from news.abs-cbn on Sept. 10, 2019.
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news.abs-cbn on Sept. 10, 2019.
the Independent Decommissioning Body (IDB). 10, 2019
Another challenge posed against it is that even before the
OPINION | 11
Photo by
Should Curfew Continue? By: Blanche Coleen G. Urbiztondo
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hours is not to bypass parental control but it is to help guardians in -
understood that the said right is not absolute, therefore it can be
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the land; hence, the interest of one is subordinate to the interest of a
parental right is guaranteed in the Child and Youth Welfare Code of -
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12 | OPINION
Th e P i e c e s H e W a s By: Vogue Vernal B. Orcullo -
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one could hope and pray for. , or
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Jude High School, Pagudpud, Ilocos Norte. He spent his -
Agent of NBI-NEMRO in Cagayan de Oro City. His last post Region X, Cagayan de Oro City. resulted to a handful casualty. Add to that, he, together
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courses in Iligan City Capitol College.
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truly valuable asset.
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things that death cannot touch, and one of those is the
of NBI-NEMRO, Cagayan de Oro City; Supervising
FEATURE | 13
CRIMINAL LAW : CASE DIGEST
Digested by: Dorothy Marie A. Oporto Photo by
2017 ASUELA, vs.
IPPINES, Respondents.
accused to enter into plea bargaining to give life to the
of the case subject to court approval." -
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FACTS:
choice but to reject the proposal of the accused." ISSUE: HIBITS PLEA BARGAINING IN ALL VIOLATIONS OF THE SAID LAW, IS UNCONSTITUTIONAL. RULING:
Enter into a Plea Bargaining
bargaining is to be encouraged because the chief virtues of the Considering
the
presence
of
on plea bargaining neither create
YES.
right. Instead, it operates as a
his not guilty plea and, instead, to enter a plea of guilty for viola-
process for enforcing rights and
tus and Other Paraphernalia for
the three co-equal branches of
The decision to plead guilty is
possession. -
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securing leniency should a guilty
Court. The
other
any
of
the
branches
trespass
procedural
rules contrary is proved, to be heard
the Congress, in the exercise of the Rules of Court. -
14 | CASE DIGEST
proof beyond reasonable doubt,
LEGAL ETHICS : CASE DIGEST
Digested by: Dorothy Marie A. Oporto Photo credits:
fact that the incidents happened years apart
FACTS:
uphold the integrity and dignity of the legal
discredit of the legal profession. Sagarbarria and Lea Dal. high degree of social responsibility — they her in the spirit of their open and uninhibited said that respondent also invited her to go to
As such, any errant behavior on the part of the -
as she could not easily ignore respondent for fear of reprisal. On the other hand, Sagarbarria narrated that
On the other hand, respondent explained that
and fairness in that they are duty-bound to propagate observance and deference thereto.
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students.
also be individuals of honor and virtue. Legal
for the past six years. She averred that the
to sit in front of the class.
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ed Bar of the Philippines-Board of Governors resolved to disbar respondent on the ground of
professor. He should be a beacon of righteous guide his students to behave and act in a the legal profession. Instead, he abused his
subjected to such sexually charged language in other classes.
Toyco, Sagarbarria and Dal. He postulated that legal profession. ISSUE: WHETHER OR NOT RESPONDENT VIOLATED THE CODE OF PROFESSIONAL RESPONSIBILITY. RULING:
guidelines. -
could not have readily expressed disgust or annoyance over a person in authority.
YES. Rule 1.01 of the Code of Professional Responsi-
CASE DIGEST | 15
Passing The Bar By: Vouge Vernal B. Orcullo
2. Study as hard as you can, as long as you can;
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• Even if the professor calls no class on a certain day, reading should not stop. During the bar, you only have yourself to rely on. There are no lifelines to save you. •
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school journey. •
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•
• •
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of reading daily. •
•
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cases. • styles of learning. is it listening to lectures? Or read on your •
• • • • • it.
16 | BAR TIPS
They are there to guide and help you in your
doctrine to apply.
on.
BAR TIPS | 17
COMMUNITY SERVICE AND THE ADMINISTRATION OF JUSTICE -
1. Bench and Bar Dialogue 2. Legal Mission and Outreach
18 | IBP LANAO DEL NORTE
COLLEGE ORGANIZATIONS
Editor-in-Chief Associate Editor Associate Editor
Ivy Mae D. Pantaleon Vogue Vernal B. Orcullo Maria Kara I. Echavez-Trinidad Ma. Concepcion A. Betaizar Blanche Coleen G. Urbiztondo Norajannah D. Lantud Abdullah M. Edris
President Vice President Secreatry Treasurer Auditor
Charity Gene C. Abugan Janodin M. Marohombsar Jasmerah P. Amod Ivy Mae D. Pantaleon Blanche Coleen G. Urbiztondo
President Vice President Secretary Treasurer Auditor PIO
Vogue Vernal B. Orcullo Fritz Ronald P. Amparado Yasmin D. Mamarinta Naim Nohar A. Suba Allan Dale L. Cabe Nashibah S. Macunte Mindalano, RCh, RChE
President Vice-President
Van Ceasar R. Openiano Audrey Michelle C. Kwan
Treasurer PIO Auditor
Arence Jian T. Zalsos Jindy Dumago Herald S. Balisco
{
Chairman Commissioners
Herald S. Balisco Dorothy Marie A. Oporto Hasanor E. Toma Princess Amaryah P. Ejares Meryam Jamela Maruhom Nabeel B. Ali
Make your stay at the College of Law, worthwhile!
}