The Palladium April 2014 by The Palladium

ThePalladium APRIL 2014 Vol. XVII â&#x201E;&#x2013; 3

The Official Student Publication of the Ateneo Law School

http://thepalladiumonline.com

IN this ISSUE

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Editorial Board Patricia Janelli A. Davide Editor in Chief Iris M. Pozon Associate Editor Arik Aaron C. Abu Managing Editor

PNoy graces APS 40th anniversary celebration By Cyndy P. dela Cruz Photos by Joseph Giancarlo C. Agdamagag

Joseph Giancarlo C. Agdamag Junior Associate Editor Erlaine Vanessa D. Lumanog News Editor Nellaine Annabelle L. Soliman Legal Editor Darcee Lois B. Galleon Features Editor Rita Odessa A. Villaruel Arts and Culture Editor Ana Flor M. Lacanlalay Layout and Graphics Editor Yul C. Araya Photo Editor Ma. Lourdes N. Colinares Marketing Manager Dan Abraham G. Guinigundo Office and Circulations Manager

Staff

News

www.cybersquattersbeware.com

The publication requirement in the digital age

Weathering Storms: State ventures into climate change action

Tara sa Kanto

(Wiz)n’t Wonderful?

Visual Metaphor

Everything I Needed to Know, I Learned on the Basketball Court

A Student’s Guide to Note-taking

Double Duty

Juris Doctor: The Nitty Gritty of Thesis

The 2013-2014 Student Council: A Look Back at the Year that Was

Columns

Editorial

Calendar of Events + Bucket List

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NEWS

Frances Pabilane Kaye Baldonado Aika Beltran Gary Gamad

Mika Sollano Alexis Aquino Cara Maglaya Dyan Garcia

LEGAL

Gerard Contreras

Mao Santos

FEATURES

Lara Tuazon Korin Aldecoa Anna Bueno Jason Certeza Kim Rances Laurice Peñamante Alyssa Nuqui

ARTS & CULTURE

KT Ramos Jami Chan Ivy Enguio

Regina Martinez Paula Rivera Carlo Narvasa

LAYOUT & GRAPHICS

Jean Ramirez Kamae Livelo

Pierre Salva Joanne Ala

PHOTOS

Aika Beltran Denise Sales Joan Estremadura Ann Guillian Tero

Jo Godino Raymond Cusipag Maki Falgui Quito Nitura

MARKETING Francis Panganiban Raymond Sanchez

The Palladium has its editorial office at the Palladium Room, 3/F Ateneo Professional Schools Building, 20 Rockwell Drive, Rockwell Center, Makati City 1200. For comments and suggestions, please drop a line at thepalladiumonline.com. © Copyright The Palladium 2014. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any manner whatsoever without the prior express written permission of the Editorial Board, except in cases of brief quotations for academic research purposes.

Twitter: @ThePalladiumALS Facebook: facebook.com/palladiumALS

President Aquino is flanked by (L-R) ASOG Dean Antonio La Vina, AGSB Dean Alberto Buenviaje, ADMU President Fr. Jett Villarin, S.J., APS VP Antonette Palma-Angeles, ALS Associate Dean Lily Gruba and ASMPH Dean Manuel Dayrit.

THE USUALLY tranquil halls of the Ateneo Professional Schools (APS) Building in Rockwell bustled with activity last 12 March 2014. The APS prepared for its 40th anniversary celebration, with the President of the Republic of the Philippines, His Excellency Benigno Simeon Aquino III in attendance. Policemen and members of the Presidential Security Group (PSG) were in the vicinity early in the morning to secure the area in anticipation of PNoy’s arrival, his second visit to the campus since he assumed the presidency. The celebration of APS’s ruby year, dubbed “Four as One: Forming Leaders for Nation Building,” was highlighted by a forum wherein the President delivered the keynote address. According to APS Vice President Antonette Palma-Angeles, the theme reflects the collective nature and identity of the APS and its focus on collectively building the nation. The commemorative event was graced by Fr. Ramon “Jett” Villarin, S.J., President of the Ateneo De Manila University (ADMU); Dr. Palma-Angeles, Vice President for APS; and the Deans of the four professional schools: Ateneo School of Government (ASOG) Dean Antonio “Tony” La Viña, Ateneo School of Medicine and Public Health (ASMPH) Dean Manuel Dayrit, Ateneo Graduate School of Business (AGSB) Dean Alberto Buenviaje, and Ateneo Law School (ALS) Associate Dean for Continuing Legal Education & Research Lily Gruba, representing Dean Sedfrey Candelaria who was in London for linkages-building with other law schools. Dr. Palma-Angeles gave an account of the history of the APS, followed by an audio-visual presentation of the recent developments in the professional schools. She later on posed these questions to the students: “What for? Why am I here?” as a call for APS students to continue making a difference for the benefit of future generations. She challenged the students in

saying that they should not only be learned in the different fields they specialize in, but also to be open minded to the actual needs of their fellowmen, to discover their purpose, and to hone their passion. A short brick-signing ceremony followed in which the Deans signed four bricks representing each of the four units of the APS. Each brick, according to Dr. Palma-Angeles, symbolizes the laying of the strong foundation for a bigger APS which will start with building a fifth floor and a mezzanine in the Rockwell campus. Father Villarin then introduced the President for his keynote address. PNoy, at the beginning of his speech jokingly narrated that his speech took about four revisions—which for him was better compared to the 10 and above revisions of his usual State of the Nation Address. In line with his signature style, the President delivered his speech in Filipino. He gave an account of the Martial Law days when he was still a student at ADMU and remembered asking his professor in Constitutional Law, “Ano pa ang punto ng pagaaral ng konstitusyon kung babaguhin rin lamang ito ng diktador na nasa posisyon?” He recalled the moving answer of his professor, “Paano natin maitatama ang mga mali kung di niyo malalaman ang pagkakaiba ng tama sa mali?” The President further stressed his point into one of the greatest values that a leader must learn, “Hindi puwedeng matalino ka lang, dapat alam mo ang tama sa mali.”

friend” to ask for advice on certain matters beyond his capabilities to know specifically of. He said that part of being Ateneans, and Atenean leaders for that matter, is the ability of asking questions—that “we keep asking and asking in order for us to see the clearer path of where we will lead others.” He maintained, “Mahirap maging tanglaw kung paiba-iba ang direksyon ng patutunguhan.” Taking his cue from the oftquoted line of eminent Jesuit philosopher Fr. Roque Ferriols, S.J., Aquino ended his speech with a challenge to the student leaders, “Nasabi na ang dapat masabi, ang nananatili na lamang ay ang magawa ang karamihan rito.” An open forum concluded the short celebration, in which the APS Deans, as well as some student leaders were given a chance to ask questions to the President. Representing ALS, Cesario Rex Kapunan (3D) asked His Excellency about how to encourage the youth to enter public service despite the rampant corruption situation haunting the government. The President replied, “I think I should throw the question back at you. You are the ones who will inherit that corruption if you will not act. When you see something wrong, you have two choices: One, you stand up and fight against it, and two, you go with it.” P

PNoy recognized the importance of adhering to the foremost Ignatian principle lux in domino, “Ang pagiging tao para sa kapwa” and further acknowledged that based on his experience on the job, humility has always come in handy. “Kailangan nating tanggapin na ang solusyon sa problema ay hindi natin masasagot ng tayo lamang, kailangan natin ng tulong ng iba,” he stated. PNoy shared that whenever he is faced with crucial decision-making situations, he would “call a APRIL 2014 ThePalladium

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Ateneo lands two spots in Top 10 of 2013 Bar By Erlaine Vanessa D. Lumanog

AFTER months of waiting, bar candidates welcomed the release of the 2013 Bar Exam results in a press briefing held by Associate Justice Arturo Brion last 18 March 2014 at the Supreme Court. Justice Brion, who chaired the 2013 Bar Exam Committee, also announced the Top 10 Bar Placers, which saw Ateneo Law School’s (ALS) Dianna Louise Wilwayco and Marjorie Ivory Fulgueras ranking second and ninth respectively. A total of 1,174 examinees hurdled the Bar, which is perceived to be the most difficult licensure examination in the country. The 22.18% passing rate this year is a jump from the 2012’s passing rate of only 17.76%. According to Justice Brion, the SC lowered the passing grade to 73% from 75%, otherwise, only 649 out of the 5,343 bar examinees would have passed. The 2013 Bar saw the University of the Philippines’ (UP) Nielson Pangan topping the exam with a grade of 85.8%. However, Ateneo’s Dianna Wilwayco and UP’s Mark Oyales came in close second with

Bar 2013 Topnotchers 1. Nielson Pangan

University of the Philippines

2. Mark Xavier D. Oyales

University of the Philippines

Dianna Louise R. Wilwayco

Ateneo de Manila University

3. Rudy Ortea 4. Eden Catherine Mopia

85.8% 85.45%

University of Batangas

84.2%

University of the Philippines

84.05%

University of San Carlos

83.9%

5. Tercel Maria Mercado-Gephart 6. Manuel Sarausad

University of Cebu

83.8%

7. Katrine Suyat

San Beda College Manila

83.75%

8. Michael Tiu Jr.

University of the Philippines

83.70%

9. Marjorie Ivory Fulgueras

Ateneo de Manila University

83.65%

10. Cyril Arnesto

University of the Philippines

83.60%

Top (L-R): Wilwayco and Fulgueras

No significant change to 2014 Bar, says SC By Iris M. Pozon

REACTING to speculations on possible changes to the upcoming Bar Exam, Atty. Cristina Layusa, Deputy Clerk of Court and Supreme Court (SC) Bar Confidant, clarified, in an e-mail to The Palladium, that the 2014 Bar Exam will consist of 80% essay

questions and 20% multiple-choice questions, similar to the recently concluded Bar Exams. With Associate Justice Diosdado Peralta as the next Chairman of the Bar Exam Committee, the exam will push

By Ma. Anna Margarita V. Bueno Photos by Ranelene Ortinez

The speakers together with the members of the Gender and the Law class and Prof. Amparita Sta. Maria and Prof. Tricia Poco-Cervantes.

THE BATTLE for women’s rights traces its roots from as early as 1908, when 15,000 women in New York marched for better wages and voting rights. More than a century later, the battle is still on against violations of women’s rights around the world: a battle not yet won, but not without its successes.

85.45%. Placing ninth, Marjorie Fulgueras of the ALS obtained an average of 83.65%. Bar candidates from University of Batangas, University of San Carlos Cebu and San Beda College Manila also seized top spots in the Bar Exam. The successful examinees are set to take their oath this April 28 at the Philippine International Convention Center. P

“Women Inspiring Change” on the spotlight in this year’s Gender Week

through, as previously scheduled, on four Sundays of October. The 2014 Bar Exam will also see the implementation of the SC En Banc decision to lift the “five-strike rule.” P

This is why from 3-7 March 2014, the Ateneo Law School witnessed how several women—both here and abroad—have inspired change and made significant milestones against discrimination based on gender, as it celebrated “Women Inspiring Change,” the theme of International Women’s Day on March 8. With the sponsorship of the Ateneo Human Rights Center (AHRC), the Gender and the Law class of 2014 organized the week-long event, which kicked off with an exhibit on March 3 in the ground floor atrium. The exhibit featured images of women—such as environmentalist Anna Oposa, media personality Oprah Winfrey, journalists Maria Ressa and Jessica Soho, and writer Doreen Fernandez—who, by excelling in their careers and working for their passions, showed how their genders are irrelevant in making a difference. The images of the women displayed in the exhibit were given voices on March 6, through an open forum which saw five speakers share their advocacies to a roomful of people in Justitia. The first speaker, Professor Joy Aceron

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of the Ateneo School of Government, spoke about balancing the feminine and masculine as a means to achieve social change. “I do not see anything wrong [with] masculine and feminine traits and qualities…What is wrong is valuing one set of traits over the other… leading to perversions and abuses,” she says. “This is the situation in our society today. The feminine is suppressed. Rationality, firmness, domination—these are valued… While, feeling, nurturing, caring, and spontaneity—this is deemed inefficient, unprofessional, and are well kept in private spheres.” Thereafter, Tin Gamboa, popularly known as DJ Suzy of Magic 89.9, shared how she had to work hard in order to be recognized in the broadcast radio industry. She says that today, gender biases are still present in her field; she was once complimented before, for example, “for being a good radio DJ…for a girl.” She asserts that recognition should be without gender bias, and says: “Magaling ako (I am good), period. Marami akong alam (I know a lot), period.” Awarded crime fighter and FilipinoChinese relations advocate Teresita Ang See, who spoke third, related her hardships fighting kidnap-forransom syndicates in the 90s and the inefficiencies of the justice system. She reminded the audience to “always give issues a face,” which, she says, greatly aided her in seeking for justice. The fourth speaker, Silver Rose Awardee and head of the Democratic

Socialist Women of the Philippines Elizabeth Angsioco, emphasized several stereotypes against women—such as that of being madaldal (talkative), maingay (loud), and matigas-ulo (stubborn)—and turned these stereotypes around as strategies that needed to be employed in order for women to make their voices heard when fighting for their rights. Lastly, Gang Badoy-Capati, most known for founding RockEd, emphasized that at the end, what advocates should aspire for is to be persevering, disciplined, patient, and hardworking, and not to lose sight of the real issues. If the cause becomes that of gender alone—without context—then there’s something wrong, she says. After Gang spoke, an active open forum followed, with students asking questions ranging from the speakers’ experiences of discrimination to their opinion on Filipina leaders. The celebration did not end with the forum. The day after, the Gender and the Law class, together with the AHRC interns, and Attys. Ampy and Mel Sta. Maria, Atty. Sarah Arriola, and Atty. Patricia Cervantes-Poco, capped off Gender Week with food, music, poetry, and stories of more women inspiring change in the community. P

Left (T-B): Angsioco, Ang See and Gamboa. APRIL 2014 ThePalladium

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Dean addresses student grievances; reveals 2015 plans “‘WAG KAYO matakot magsalita (Don’t be afraid to speak out). That’s why we are trying to listen to you.” Dean Sedfrey Candelaria gave this assurance to student leaders airing out their concerns and grievances during the fourth Jesuit Legal Education ( JLE) Seminar held last 7-9 March 2014 at the St. Paul Center for Renewal in Alfonso, Cavite. One highlight of the annual gathering is the no holds barred dialogue conducted between the students and the administration on a wide range of topics—from academic matters to complaints on the operational aspects of the Law School. The Dean remarked that most of the concerns raised could have been addressed earlier, if only students exercised more vigilance. He reminded everyone that whatever concerns they have should be immediately reported in order to be acted upon promptly. He likewise encouraged the students to approach him in his office anytime. “Would you rather stand up for your rights, or be quiet?” he quipped. One of the more pressing concerns discussed was the issue of faculty performance. Associate Dean for

By Joseph Giancarlo Agdamag Student Affairs Giovanni Vallente in store for the school. Expected urged students to take the faculty to be introduced anytime soon is evaluation forms seriously, as this the fast-tracked Masters of Law is the primary way through which (LL.M.) program, wherein Juris they determine if the professors Doctor ( J.D.) students can obtain are performing as expected. their master’s degree in law by just Students need not be afraid since spending an additional six months the evaluations are anonymous and in school right after taking their they are only given to the faculty Bar examinations. The student can once the grades have been released. utilize his completed J.D. thesis and “If [the professors] are not willing further improve it for his LL.M. to take criticism, then they have a thesis. problem,” Vallente said. The Dean stated that the Administration With the current reconstruction has its own way of gathering of the curriculum, the J.D. information, but nevertheless, the Program will further undergo Acknowledging students must remain honest in enhancements. that the syllabus is the “life of the doing their faculty evaluations. system,” the Dean wants to have The problem of dealing with uniform syllabi for similar subjects. members of the Law School’s staff This will ensure that students will was also addressed. “Mediocrity be equipped with the necessary is something we have been trying foundations needed for the Bar and to address. But it takes a while to future law practice. change the mindsets of people,” Candelaria stated. He motioned An “elective tracking system” everyone to remain patient as will also be introduced, allowing they try to solve this concern. students to specialize on a Concerning the impending shift in particular field of law. Based on the Ateneo’s school calendar, the the school’s current offering of Dean also assured the students that electives, there are already 10 they are taking steps to minimize its tracks identified which are ready impact on those students who will for future implementation. These are: Commercial and Business be affected. Law, Remedial Law and Alternative As he enters the final year of his Dispute Resolution, Philosophy of three-year term, Dean Candelaria Law and Legal Ethics, International also outlined the big plans he has Law, Emerging Areas of Law

Practice, Intellectual Property, Human Rights, Natural Resources and Environmental Law, Political Law, and Labor Law and Social Legislation. It has yet to be decided whether tracking should commence during third or fourth year. As for improvements in infrastructure, the Dean shared the plans to renovate and expand the Bernas Center, coinciding with the upcoming construction of the fifth floor of the Ateneo Professional Schools Building. The digitization of transcripts and student records is also on the table. Next year will also see a further increase in the population of freshmen, ballooning to 325 new students. This is to anticipate the potential effects of the K-12 program in future enrollment. In response to the concerns addressed by the Dean, newly elected Student Council President Armand Louis Dulay (3A) expressed his appreciation for the things being done by the Administration. He said that the dialogue with the Dean was not just on school issues, but also involved bigger concerns. “What the Dean said is an invitation to see things differently,” said Dulay. P

Student Council brings Career Week to ALS

Libertas hosts the first ever Medina Cup; 1C prevails

By Cyndy P. dela Cruz

By Ma. Mikhaella Rosario Z. Sollano

LAST 3-7 March 2014, the Ateneo Law School (ALS) Career Fair graced the halls of the Ateneo Professional Schools (APS) with Puyat Jacinto and Santos Law Firm, the Office of the Solicitor General (OSG) and Castillo Laman Tan Pantaleon and San Jose Law Firm as the three major partners of the event.

submit their internship applications and granted the firms a chance to recruit soon-to-be law graduates of the Ateneo.

A series of career-related talks were opened for different year levels namely: the Career Discernment Workshop, Firm Promotions Talks (OSG, PJS and Castillo), Business in Law Talk, and the Judicial Mind Even before the actual career fair, elective talk on possible careers in the Student Council organized the judiciary. an intimate Law School Mixer, held last 28 February, to jumpstart The aim of the project is to give Career Week. The mixer was students, more importantly the attended by a number of lawyers to seniors, a glimpse of the paths they initiate and foster camaraderie with are soon to take—allowing them to the graduating students of ALS. view a wide array of career choices and tracks in the different fields of The partner firms and the OSG the legal profession—which would were provided with booths at the best make them flourish as Atenean entrance of the APS building. This lawyers. P provided students an opportunity to

Students initiate the first Career Discernment Workshop By Cyndy P. dela Cruz

Student body elects new representatives to the Student Council By Ma. Mikhaella Rosario Z. Sollano

28 FEBRUARY 2014 marked the Ateneo Law School’s Student Council (SC) elections. Polls opened at 11:00 AM and ended at 6:00 PM, capping off an almost week-long campaign for 13 candidates. Incumbent Third Year Batch Representative Armand Dulay (3A) bagged the position of Student Council President leading his opponent, Jech Tiu (3C), by almost 140 votes. The President-elect’s first order of business would be to assess past councils’ performances in order to address areas in need of improvement. “A more consultative, student-driven, and efficient Council,” is what he aims for this year, with a promise that “this will be your best Student Council ever.” The race to become Externals Vice President was the closest the student body has seen in a while. With a threevote difference from Regine Abuel

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(2D), Mudir Estrella (2C) emerged victorious through his call to eliminate stereotyping and his vision of creating “an SC which will truly be one with the students and of the Filipino people.” Incumbent Second Year Batch Representative Cyndy Dela Cruz (2D), who ran unopposed, won the position of Internals Vice President with 517 votes to a meager 173 for ‘abstain’. Dela Cruz intends the incoming school year’s internal projects to “focus on micro-management and efficiency, putting premium on quality over quantity.” An “efficient use of funds” is what elected Treasurer, Quito Nitura (3A), who ran unopposed, wishes to bring to the Student Council. During his term, he wishes the Student Council to “be able to fund as many organization projects as it can, in the most efficient way.” Also unopposed, SecretaryGeneral-elect Harvey Bilang (2C) won

the votes of the student body, garnering 395 votes. When asked about his plans for the year, Bilang intends on prioritizing “cleaning, and if possible, renovating the LSAC this summer,” as well as getting the grievance machinery up and running in order to achieve his goal of redefining the position of Secretary-General. This year’s local or batch elections was also one for the books. Three eligible candidates ran for Second Year Batch Representative. Daphne Marcelo (1C) and Jewelle Santos (1B), battled it out, head-to-head, with Michael “Magic Mike” Villanueva (1B), who eventually won the sophomores over. As a new year approaches, with much in store for the incoming sophomores, Villanueva urges his batchmates “to join him in making some magic to get through (law school) with flying colors.” Running unopposed, Third Year Batch

Representative-elect Johanne Bautista’s (2B) “S-E-E-S (Support, Effective Representation, Empowerment, Solidarity) Plan” platform won the support of her batchmates thus catapulting her into the Student Council. At the top of her list is the implementation of her proposed academics kit and thesis kit. Promising true and honest service, “maging Sheena ka man,” Sheena Tengco (3D) was elected as the Fourth Year Batch Representative with a slim six-vote margin over her rival, Rose Cupin (3A). Anticipating a loaded year ahead, Tengco hopes for one united batch “eyeing one goal which is to graduate and finish strong.” The counting of ballots ended a little after 9:00 PM, with new Commission on Elections and Judicial Appointments (CEJA) Chairperson, Allen Gerona, officially announcing the winners. P

LAST 4 March 2013, the Lawyer as Leader and Policymaker elective class of Atty. Tanya Lat spearheaded the Career Discernment Workshop—a first of its kind in the Law School. The objective of the workshop is for students to determine whether the legal profession is really for them, and further, which field in the legal profession would best suit them. Students from different year levels graced the Ateneo Professional Schools auditorium. Ms. Jennifer Mateo, a holder of a bachelor’s degree in Psychology from the University of the PhilippinesDiliman and a master’s degree from the Ateneo de Manila University, began the talk by discussing how the tenets of eligibility and suitability factors in finding the right career. Several anecdotes were told, mostly about individuals who, though were academically excellent students in law school, discovered that they did not have the heart for the practice of law. They eventually quit and pursued a different career path.

Thereafter, the facilitator instructed the students to pair up and ask questions on motivation and various skills which they believe would help them be the best fit for lawyering. Skills such as being assertive, overly-organized, and well-rounded, were among the many traits that the pairs shared with the group. As to motivation, influence in the family was cited as one of the main reasons for entering law school. An interesting number reported that, at first, they had no plans of pursuing the law career, but eventually developed the passion for it. A test was also administered to determine the type of “lawyer personality” each student in the workshop springs to become. Atty. Lat closed the workshop by showing the many different fields of the legal practice and made the students reflect on those that attract them the most, given the knowledge obtained in the workshop. P

The officers of Libertas , together with Associate Dean Ronald Chua who judged the event.

COINCIDING with its namesake’s birthday, the Medina Cup was held on the 28th of February, at the Ateneo Professional Schools Auditorium. The Medina Cup is the landmark project of the recently created student-organization, Libertas: the Ateneo Society for the Protection of Civil Liberties (Libertas), and was inspired by and patterned after Atty. Carlos “Chochoy” Medina’s Constitutional Law Grand Recitations. The Grand Recit, as fondly referred to by Atty. Medina’s former students, was an interclass competition held before final examinations, which entailed the students to act out roughly 400 cases in the class syllabus and recite the facts, issues, and decision of each case in order to gain points. Participation in the Grand Recit allowed the students to pull up their recitation grade in proportion to their team’s performance. Most of the senior members of Libertas were Atty. Medina’s former students who wished to share the same experience with the freshmen. The organizers spoke to and negotiated with Dean Sedfrey Candelaria and the other Constitutional Law II professors, namely, Fr. Joaquin Bernas, Atty.

Mickey Ingles, Atty. Maita ChanGonzaga, and Dean Andres Bautista, all of whom agreed to award their students incentives in the event the class wins the Cup. A case list, containing 180 cases on the Bill of Rights, was given to each block close to two weeks before the event. Each block was also tasked to create a block cheer, which if chosen, would merit them an additional five points. After two and a half hours of intense charades, Block 1C, under the tutelage of Atty. Maita ChanGonzaga, emerged victorious with a total of 922 points, including the five points they won for best cheer. Coming in second and third were 1E with 753 points and 1D with 707 points, respectively. Block 1F, unfortunately, eventually chose to sit out the competition. Atty. Medina, who suffered an aneurism in 2011 but is currently undergoing physical therapy, himself graced the event through a Skype call to his wife, Judge Bea Medina. Towards the end of the Cup, Dean Candelaria delivered a brief message to the participants and the organizers. The teams were judged by Associate Dean Ronald Chua, Atty. Mickey Ingles, and JJ Santos (4C), founder and Vice President for External Affairs of Libertas. P

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ALS website hacked By Jason Certeza

CJ Panganiban Moot Court highlights ASIL’s Int’l Law Week By Kathlyn Nadia D. Baldonado

THE ATENEO Law School (ALS) became the latest victim of a cyber attack as the Student Access page of the ALS website was hacked by certain individuals on 2 March 2014.

The competition ended with 2A bagging Best Memorial and Overall Winner. Paolo Gonzales won Best Speaker for the final round and Alyssa Tan, also from 2A, was awarded Best Speaker for the eliminations. The competition formally closed with Chief Justice Panganiban expressing both his delight over the said event and his hope that more Atenean lawyers will be active in the international law sphere.

The incident, which lasted for several hours, created confusion among the students. Instead of loading the regular account information of the student, an unsanctioned image comes on display upon typing in the URL or name of the website to access the page. The photo includes the words “NO TO CYBER CRIME LAW” superimposed on a large image of a hand print. Below the main message, it was indicated that the site was hacked by a group based in the Philippines. The hackers also warned the user of the vulnerability of the said site to malicious attacks and advised the site administrator to “patch” it immediately. In addition, they provided information regarding their identities, mentioned several aliases, as well as a Facebook page which can be used to contact them. Near the bottom of the photo, a disclaimer was stated, assuring the The site returned to normal afterwards. user that they did not read, update, nor On 8 March 2014 however, the said delete any of the files. picture was sent to this author’s

Speakers enlighten students on Cybercrime Prevention Act issues By Erlaine Vanessa D. Lumanog

“THIS IS a virgin area of practice,” stated Atty. Rico Domingo in the opening remarks of the 10th Media Law symposium held last 12 March 2014, at the Justitia Hall. This year’s forum focused on cyberspace and was entitled, “Cyber Crime or Cyber Restraint: A Discourse on the Cybercrime Prevention Law and its Effect on Internet Freedom.” The Media Law and Ethics class of Atty. Domingo invited four speakers who each represented different fields and personalities involved in the issues of cybercrime. First to present was Atty. Francis Acero, an Ateneo Law School alumnus and currently a Director of Democracy.net.ph, the Internet Freedom Advocates and Think Tank. Atty. Acero’s discussion concentrated on the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), the different 8

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crimes defined in the law, and the challenges involved. According to him, “Cyber law is a gray area because there is a conflict between state regulation and private regulation.” There are four main categories of offenses in the Act: offenses against confidentiality, integrity and availability, computer related offenses, content-related offenses, and other offenses. Some of the offenses are illegal access, cyber squatting, computer-related identity theft, cybersex, and child pornography. Atty. Acero expressed caution that the prosecution for the offenses is the most troublesome aspect of cyber crime because of the difficulty in proving the elements of each offense. Thereafter, Police Chief Inspector Jay Guillermo, member of the Chief Intelligence and Investigation Section of the Philippine National Police – Anti-

The Ateneo Law website on the day of the cyber attack.

Cybercrime Group (PNP-ACG), gave the audience an overview of his group and the enforcement of cybercrime apprehension in the Philippines. “As long as a crime uses ICT (information and communications technology), we investigate it,” explained C/Insp. Guillermo. He reported that most of the crimes they probe are committed through the use of the Internet. Known as a victim of cyber-bullying and famously known for the line, “I was not informed,” Atty. Christopher Lao had his turn to inform students about Internet libel. Although starting his speech with a good-naturedly joke, “Kasama ba kayo doon sa mga iyon?” He quickly shifted to a serious discourse on the issues pertaining to Internet libel. Stating that “libel is not a purely public concern because the public is offended,” Atty. Lao further explained how the libel provision in the Cybercrime Prevention Act is not vague and does not violate any constitutional right. He addressed some arguments against Internet libel: the provision itself is not vague because all the elements are clearly stated; the media cannot argue against it because they are protected through privilege found in the law itself; and the provision does not give a “chilling effect” because such argument is only used when the law itself is vague. Going into a more personal approach, Atty. Lao recounted how that moment in 2011 was such a

ASIL officers and members pose for a photo with ASIL alumni who judged the moot court competition. Photo by Laurice Peñamante

The highlight of the week was the twoday moot court competition, which was organized by the International Moot Court elective class handled by accomplished ASIL alumni Attys. Jose Lorenzo Sereno and Domnina Rances. The Public International Law classes of 2A and 2B under Dean Sedfrey Candelaria, Atty. Luisa Rosales, and Atty. Danielle Bolong, took part in the competition, with each block having During the week, an exhibit showing their respective representatives. Dubbed different articles and topics regarding as “The 2014 Chief Justice Artemio V. corruption was displayed in Basement 1 Panganiban – Liberty and Prosperity of the Ateneo Professional Schools. These Public International Law Moot Court included written pieces by international Competition,” the moot covered the personalities on corruption and current dispute between the State of Asioya and the Kingdom of Raepinosa concerning events in relation to international law. INTERNATIONAL Law Week, held last 3-7 March 2014, was organized by the Ateneo Society of International Law (ASIL) with the theme, “The International Legal Regime Surrounding Corruption.” According to ASIL’s incoming Deputy Administrator Mon Mercado (2A), the organization chose the theme because of its relevance to the current issues happening in the country.

student page. There has been no official comment from the school administration. P

traumatic time for him. He said, “my body felt like it was being attacked by millions of people.” Atty. Lao revealed that if it were not for his friends and his family, he would not be alive to give that speech. Ending passionately, he asked the audience: “Isn’t your dignity worth fighting for? Isn’t the dignity of your relatives worth fighting for?” Representing the other side of the coin, Franco Mabanta, a television host, writer actor and model, engaged the guests and his fellow speakers in an active evaluation of his past posts on Twitter, a social media site where he is more popularly known than any other field in media. Mabanta claimed, “social media affects people socially and economically,” and being so, he expressed that the Cybercrime Prevention Act definitely has an impact on the freedom of Internet users like him. He read the different tweets he made during last year’s grilling of pork scam mastermind Janet Napoles by Senator Miriam Defensor-Santiago in the Senate Blue Ribbon Committee and asked his fellow speakers Atty. Acero, C/Insp. Guillermo and Atty. Lao, if he could be charged with Internet libel. While he wanted to conduct an activity involving individual expression on social media, he and the other speakers ran out of time. The symposium was cosponsored by The Palladium. P

A symposium concerning corruption and its application in both the domestic and international spheres capped off the International Law Week. It was held at the APS Auditorium on March 7 and had Attys. Golda Benjamin and Jayvee Salud, and Happy Feraren as guest speakers.

the events related to Dereez and Lexseia. The elimination round was held on March 4. Held the day after at Justitia, the final round was graced by the presence of Chief Justice Artemio Panganiban himself, together with his wife, Elenita. Ambassador Manual Teehankee, Atty. Sereno, and former presidents of ASIL, Atty. Pia Alvendia and Philip Dabao were also present to serve as judges for the competition. Lester Flores and Sang Mee Lee, both from 2B, represented Applicant, the State of Asioya, while Abby Castelo and Paolo Gonzales of 2A represented Respondent, the Kingdom of Raepinosa.

Atty. Benjamin, who used to work for the Senate, shared her personal encounters with corruption in her line of work and, likewise, tackled several problematic areas in the law where corruption can manifest itself. Atty. Salud discussed how the international law community is currently reacting to corruption and further cited treaties and studies that attempt to address the problem. Happy Feraren, as the third speaker, introduced to the audience Bantay.ph, a civil organization whose advocacy is good governance and upholding citizens’ rights with regard to certain procedures in society. The symposium ended with an open forum. Incumbent ASIL President Toni Lou Sevilla (4C) delivered the closing remarks, thanking the guests and audience for their active participation in the week-long event. P

ADMU holds forum on ethical failures in the legal profession By Kathlyn Nadia D. Baldonado

Supreme Court Associate Justice Arturo Brion, together wiith the attendees of the forum. Photo by Dyan Garcia

ATENEO Law School (ALS), together with the Philippine Association of Law Schools (PALS), recently held a forum entitled “Ethical Failures in the Legal Profession: Interdisciplinary Perspectives” last 28 February 2014.

ALS Dean Sedfrey Candelaria formally opened the forum by thanking the organizers and welcoming the distinguished speakers. He also addressed the students and teachers present in the event and posed the question of the importance and reason for including Law students, lawyers, and professors Legal Ethics in the curriculum. from different law schools in Manila filled the Auditorium of the Ateneo Dr. Palma-Angeles, the first speaker, Professionals School (APS) to listen discussed situations where ethical to the presentations of APS Vice failures tend to occur in the profession President Dr. Antonette Palma- and the roots of these failures. Angeles, Supreme Court Associate She encouraged the use of critical Justice Arturo Brion, and former thinking in the application of the law COMELEC Chairperson Atty. and cultivation of interdisciplinary Christian Monsod. The forum aimed disposition. After which, Justice to discuss the problems encountered Brion recounted problems he in the legal profession with regard to encountered in the judiciary ethical practices as well as to provide pertaining to corruption and shared insights and solutions in addressing past decisions he had penned these problems. concerning ethics. Atty. Monsod then

concluded the presentations with his insights concerning the sources of unethical practices and what can be done to prevent these. Master of ceremonies Atty. Tanya Lat, an ALS faculty member and a PALS consultant, tried to elicit interaction from the audience by giving practical situations and asking them whether these were ethical or not. An open forum facilitated by Judge Ma. Filomena Singh, who happens to teach Legal Ethics in the ALS, capped the event. Atty. Victor Alimurung, also a Legal Ethics professor, formally closed the ceremony and thanked the speakers and audience for gracing the event. P

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How to solve climate change? By int’l management, says Stanford prof By Ma. Anna Margarita V. Bueno IN 2007, six climate change activists scaled the smokestack of a coal-fired power station in the United Kingdom and painted over its walls. A suit for criminal trespass was filed against them. Their defense? They were preventing further pollution to the environment caused by the station.

climate change and energy policy, visited the Law School last January to share and discuss how legal theory and policy interact in searching for solutions to the pressing problem of global warming and climate change.

He started his lecture by making a bold remark about the 1648 Treaty of This sounds like a losing case for the Westphalia, which upheld the sovereignty activists, but on 27 January 2014, Armin of the nation-State: “Three hundred Rosencranz—lawyer, political scientist, years later, and we’re still operating under and climate and energy law professor the same framework,” he says, referring at Stanford University—informed the to assertions of State sovereignty by Ateneo Professional Schools auditorium China and the United States, and how filled with law students that in fact, the these subvert efforts for international activists won, in a case filed by Kingsnorth cooperation in solving environmental Plant versus Greenpeace, decided in 2008 problems. by a jury. The case is now an important precedent against companies whose “China has an obsession with sovereignty,” practices have a degrading effect on the he adds. In the Copenhagen Climate environment. Change Conference in 2009, for example, Rosencranz related how China’s refusal The case is just one of the many examples to agree to a proposal, which involved that Rosencranz pointed out to help other States exercising supervisory aspiring legal and policy workers in powers over it, delayed the conference pursuing their environmental advocacies. until a compromise was met changing the Rosencranz, known for his work in supervisory powers to mere consultative

powers. He also shared how the U.S. refuses to allow an international body to manage a worldwide nuclear facility, by again invoking the sovereignty argument. This derails efforts to combat a problem whose cause, and remedy, is shared by all citizens and nations in the globe, according to Rosencranz. Is the remedy then found in litigation? For Rosencranz, climate change litigation has its successes, but also its weaknesses. Citizens of a sinking country like Maldives, for example, will find it hard to find a defendant to sue for rising sea levels causing the losses of their homes and livelihood. “They will have to go to the domestic courts of every country to find someone to sue,” he says. Yet hope can be found in related cases, as in December 2013, Rosencranz shares, Ecuadorian indigenous communities wronged by Chevron, an oil company, were able to secure a court ruling in Canada giving them a right to pursue Chevron’s assets in that country. Recognizing that litigation, however, has its limits, Rosencranz emphasizes that the key to any attempt to curb harmful emissions (or any other global environmental problem, for that matter) is international management—even if as of the present, only two international organizations, according to him, make any kind of impact on States: the European Union and the World Trade Organization. “These organizations make a difference, but we need to get people to find a stake,” he says. “Everyone must be alarmed.” P

Young Filipinos file petition in SC to divide the roads in half John Philip Baltazar (4A) and Bernadette Eugenio (4A) speak to media about the Petition minutes before its filing. Photo by Clariesse Jami Chan

Regulations under Atty. Antonio Oposa were among those who helped in preparations and took part in the event dubbed “Walk to WoK (Writ of Kalikasan).”

Collectively known as the Share the Roads Movement of the Philippines advocating safer, cleaner, and more reliable roads for travel, they pose the question, “Why should 98% of Filipinos have to pay for the roads when only 2% of the population who own cars can use them?” inspired by the mantra that those who have less in wheels must have more in roads.

Together with a team of young environmental lawyers from all over the country and across the globe, they filed a Petition for a Writ of Kalikasan and Continuing Mandamus to enforce the Road Sharing Principle embodied in Executive Order No. 774 (Reorganizing the Presidential Task Force on Climate Change), which requires the government to create a system that “shall favor nonmotorized locomotion and collective transportation system[s] (walking, bicycling, and the man-powered minitrain).”

Ateneo Law students from an elective class on International Environmental

Impleaded as respondents are the Climate Change Commission (CCC),

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Renowned int’l lawyers present developing trends in Envi Law By Cara Mariel S. Maglaya

THE TRENDS in International and Comparative Environmental Law Forum, sponsored by the Ateneo Human Rights Center, was held in the Bernas Seminar Room, Ateneo Professional Schools (APS) last March 4, 2014. The event presented two worldrenowned advocates of Environmental Law and was graced by important personalities from the same field in the local sphere. In light of the recent calamities and natural disasters that plagued the Philippines in the past year, Atty. Amparita Sta. Maria opened the occasion by emphasizing the need for our country to apply coping mechanisms that would lower its vulnerability to calamities and natural disasters. Thereafter, the invited speakers, Emeritus Professor Ben Boer of the University of Sydney, and Justice Antonio Herman Benjamin of the National High Court of Brazil, both famous for being strong supporters of Environmental Law, were introduced to begin the discourse. Professor Boer, a former Co-Director of the International Union for the Conversation of Nature Academy of Environmental Law, focused on the urgent need to fast track the development and implementation of Environmental Law in the international, regional, and national levels. He further stressed the importance of creating a legal framework that will be sufficient in supporting the environment and its natural resources.

By Patricia Janelli A. Davide

ON FEBRUARY 17 at around 7:30 AM, a group of young Filipinos, fed up with traffic congestion, the high cost of transportation, and noise and air pollution, marched from Luneta Park to the Supreme Court in Padre Faura, Manila, initiating an unprecedented legal action to divide the roads in half—one half for public transport systems, and the other for all-weather bike lanes and sidewalks.

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the Department of Transportation and Communication (DOTC), the Department of Public Works and Highways (DPWH), the Department of Interior and Local Government (DILG), the Department of Environment and Natural Resources (DENR), the Department of Budget and Management (DBM), the Department of Agriculture (DA), and the Metro Manila Development Authority (MMDA), for neglect of their respective mandates to “transform the road system to favor persons who have no motor vehicles,” as a result of which “they have violated the Filipino people’s basic human rights to health, to equal protection of the laws, and to their right to a balanced and healthful ecology in accord with the rhythm and harmony of Nature,” the Petition read. As of 9 March 2014, the Supreme Court has issued an En Banc Resolution directing respondents to comment in ten days. P

Justice Benjamin, former Secretary General of the United Nations Environment Programme on Justice, Governance and Law for Environmental Sustainability, then gave a dynamic presentation highlighting the necessity for sustainable development and meeting the needs of the present without compromising those of future generations. After the speakers gave their respective lectures, a friendly debate, which Justice Benjamin described as “a sharing and exchange of ideas,” ensued among the speakers, well-known guests, and students. Prominent lawyers and Environmental Law practitioners graced the forum, including retired Justice Adolfo Azcuna, the Chancellor of the Philippine Judicial Academy (PHILJA); Alfredo Tajar, a member of the PHILJA Board of Directors; Judge Thelma AllenaPonferrada and Justice Oswaldo Agcaoli, both members of the PHILJA; and Atty. Antonio Oposa, Jr., a pioneer of the practice of Environmental Law in the Philippines. P

ALS student leaders witness the Ignatian Way at JLE By Cyndy dela Cruz

“CO-WORKERS in the vineyard of legal education,” said Dean Sedfrey Candelaria pointing to the designation of the 36 Ateneo Law School (ALS) student leaders—comprised of outgoing and incoming Student Council officers, heads of different organizations, and class beadles—who attended the annual Jesuit Legal Education Seminar (JLE) held last 7-9 March 2014 at the St. Paul Renewal Center in Alfonso, Cavite. The JLE, as its proponent Dean Candelaria envisions, aims to provide a venue where student leaders, each representing a distinct group of the ALS community, can have a productive discourse with the school administration on fundamental plans, pressing issues, grievances, potential improvements, and other matters which directly affect the students. More importantly, the seminar aims to instill formation of the students in producing Atenean lawyers with a sense of unique identity, grounded on Ignatian Spirituality. The seminar was facilitated by Atty. Tanya Lat, together with Fr. Ismael Jose ChanGonzaga III, S.J., Ms. Iya Santiago, and Ms. Mhir delos Santos. Dean Candelaria and Associate Dean for Student Affairs Giovanni Vallente were both present to represent the Administration. The first day focused on fortifying the thrust of the Law School’s formation—that is, the “Ignatian Way of Proceeding and Core Values.” In his presentation, Fr. ChanGonzaga expressed the ideal embodiment of an Atenean lawyer—one who has “the sharpest of minds but gentlest of hearts.” He also reiterated the Ignatian core value of Magis, which for him is not necessarily excellence, but a value that actually invites people to do better. He recounted how

St. Ignatius lived his life, which likewise, Atenean lawyers should try to emulate. That way of living, according to him, is the key distinction separating the Ateneoeducated lawyer from the rest of the legal community.

The second and third days of the JLE focused on the operations aspect of the Law School. Dean Candelaria, in his State of the Law School Address, laid down his administration’s plans for the incoming school year, as well the changes the students can expect in the months to come. He To serve as witnesses to this way of life, challenged the student leaders in finding Atty. Filomena Legaspi-Rosales, wife themselves amidst the challenging world of of slain Judge Butch Rosales, as well as law school and later, in the legal profession. faculty members Atty. Joey Hofileña and He assured the students that topping the Atty. Marlon Manuel shared their personal Bar is an art mastered by the Law School. experiences. Atty. Legaspi-Rosales, shared “What is truly needed is for the students to how hard it was for her to accept that her be proactive in the most pressing of issues, husband was killed for being upright. embodying the true Atenean lawyer, the Nevertheless, she used the tragic event Ignatian Way,” he related. to instill in her kids the passion to do justice for another. “One does not have This was followed by a dialogue among to become a judge to render justice,” she the JLE participants where the various said. According to her, each of the students groups identified the points they want can be his or her own judge who should to raise with the Administration, which influence others in upholding justice in the likewise, directly concern the student body. society. Some of the issues raised were the proper publication of rules and policies, concerns Afterwards, Atty. Hofileña opened the on facilities, standardization of subjects per young leaders’ minds into recognizing that block, and other micro matters concerning the world outside of law school is not ideal operations. because of the presence of corruption. He challenged the students in letting their In a sit-down dialogue with Dean Atenean identity set them apart from the Candelaria and Associate Dean Vallente, others by doing something about that the concerns and grievances were answered reality and upholding basic honesty and point-by-point, putting priority on the integrity. Atty. Manuel then shared his fundamental issues as well as the urgent experiences as a young lawyer and his ones which can be directly addressed. In his realizations in making a clear choice—and closing presentation, the Dean provided a living that choice. Stressing that the power systematic response to the concerns, as is in the hands of the participants, he shared well as his suggested solutions to these that each should decide early on about problems. A productive exchange of ideas what they think would work best for them. ensued between the Administration and Remarking on one’s tendency to constantly the student leaders. postpone decisions, Atty. Manuel asserted that, “You will wake up one day and regret To wrap up the event, Fr. Chan-Gonzaga that you didn’t make a choice, you didn’t asked the students, “Pag dumating ba ang take a step forward.” panahon na may kailangang lumaban sa inyo para sa bayan, kaya niyo bang sagutin

at manindigan dito?” In conclusion, he proclaimed that an Atenean lawyer is one who can continue to give hope, not for himself, but for the generations to come. “A true Atenean lawyer is a beacon of hope, who are prophets of a future not his own.” The JLE was capped off by a formal turnover ceremony, wherein outgoing Student Council President Rose Angelique P. Dizon (4D) officially passed on the leadership to newly-elected President Armand Louis T. Dulay (3A). In her farewell address, Dizon expressed her appreciation to the people who helped the student body during the past year. She thanked the beadles for always taking care of their blocks; the different school organizations for creating avenues for the students to be active; the professors, who continue to inspire their students to excel academically and to be better individuals; Dean Candelaria and Associate Dean for Student Affairs Giovanni Vallente for always being there for the Council; and her fellow SC officers for exceeding her expectations. In his acceptance speech, Dulay rallied his fellow student leaders to do their best in the coming year and imbibe their realizations from the seminar. “As leaders, we are the ones to build the society (of ALS) next year,” he said. The participants brought home with them inspiration, as well as motivation, together with a challenge to communicate with their peers everything they learned from the seminar, with a hope of keeping with the ideals of the Ateneo system throughout the years. P

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APS security personnel bag 1st and 2nd in ELSA Amazing Race By Ma. Mikhaella Rosario Z. Sollano

Winners all. Both APS Security Personnel teams bag top prizes at ELSA’s Amazing Race 2014. Photo by Jeron Manzanero

LAST 23 FEBRUARY 2014, the Environmental Law Society of the Ateneo (ELSA) held its third annual Amazing Race.

race incorporated the promotion of local tourism by including stops in Intramuros, Luneta Park, and La Mesa Eco Park. Apart from such integration, a number of stops made use of technology This year, six teams of three competed and social media to save on material in a race around the metro to raise wastes and avoid unnecessary clutter. awareness about the environment and to help address local environmental The race started in the Law School and concerns. Additionally, this year’s ended in the Ateneo Loyola campus,

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with a total of seven stops along the way. From Rockwell, the teams proceeded to Barangay Viejo to sell the white paper collected by ELSA from the student body. Next, they proceeded to Legaspi Village where they collected trash around the area, which they utilized to create figurines. The third stop involved venturing to different tourist spots inside the Walled City using the most environmentally friendly mode of transportation, with a little history capping off the stop as the teams had to recite all the Philippine Presidents. The race participants then headed to Rizal Park for photo ops with flora, fauna and of course, Jose Rizal himself. After lunch, the race continued on to the La Mesa Eco Park where teams had a choice between fishing and naming the various trees in the area. The UP Sunken Garden was the penultimate stop, where teams had to create haikus about Mother Nature. Finally, all six teams raced to Bellarmine Field in the Loyola campus, where the finish line was located.

Ateneo ties with UP in Stetson envi moot regional championship By Ma. Anna Margarita V. Bueno

IT WAS a close fight—or at least, it was for the judges. On 21 December 2013, a team from the Ateneo Law School—comprised of Kristine Borja (1E), Cecille Danica Gotamco (2C), Samantha Monzon (2C), Le Iris Lucido (4C), and Laurence Millan (1E)—tied with a team from the University of the Philippines (UP) College of Law to claim its first-ever championship for the South East Asian Regional Rounds of the International Environmental Moot Court Competition (IEMCC), more known as the Stetson moot.

Bagging first and second places were the Ateneo Professional Schools’ very own security personnel, John Peter Callao, Ulysses Trinidad, Rex Fernandez (Team Eagle Eye), and Danilo Lozares, Harry Dela Cruz, and Elmer Cajeda (The Beginners), respectively. Third place belonged to 3A students Allen Gerona, Jeric Galon, and Kathleen de Guzman. Each team received cash prizes of Php13,000, Php7,000, and Php4,000, respectively. P

The Ateneo Stetson team emerged victorious during the regional qualifying rounds held at the UP College of Law. Photos by Samantha Monzon

By Marie-Chelle G. Panganiban, contributor

Atty. Tanya Lat, speaking on the contributions of IPs to society at large, said that indigenous communities are seen as both protectors of the forests and the environment and preservers of national culture. She mentioned that five Filipino tribes were participants in this year’s International Folk Arts Market in Santa Fe, New Mexico, United

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States. On the issues plaguing IPs today, Atty. Jan Perry Eugenio of Pambansang Kilusan ng mga Samahang Magsasaka (PAKISAMA) discussed the AuroraPacific Economic Zone (APECO), brainchild of former Senator Edgardo Angara and his son, Congressmanturned-Senator Juan Edgardo Angara. Some major arguments against APECO are the displacement and loss of livelihood of thousands of families in Casiguran, Aurora and the danger posed to the ecosystem of Sierra Madre. In connection with this, an online petition on Change.org addressed to President Aquino was initiated by the Katutubo Desk entitled, “Protect the rights of Indigenous Peoples in Casiguran, Aurora. Suspend the Philippine government’s funding of APECO.”

Aside from the regional championship

by UP. The top two teams—Ateneo and UP—will fly to Florida in April to represent South East Asia in the international rounds. The Ateneo teams were coached by Attys. Jane Laarni Pichay and Emmanuel Rey Cruz, respectively. All team members and coaches are part of the Ateneo Society of International Law (ASIL), which facilitated the runoffs and training rounds of the AteneoStetson teams. Ateneo, through ASIL, has been continuously recognized for its participation in the Stetson moot, taking home the First Runner-Up trophy for the Stetson international rounds in 2007. Thereafter, it has consistently qualified for the international rounds, and bagged Best Memorial and Best Speaker awards for its superior environmental law advocacy.

The winning Ateneo team then proceeded to face UP in the championship round, presided over by environmental lawyer and advocate Dean Antonio La Viña, Supreme Court Associate Justice Antonio Carpio, and Prof. Jay Batongbacal, head of the UP Institute for Maritime Affairs and the Law of the Sea. The judges, after testing the soundness of both teams’ arguments as well as their advocacy skills, decided to declare a tie for the regional Update: The Ateneo team emerged championship round. as quarterfinalists in the international rounds held in Florida. Ateneo also won Aside from the Philippines, teams from the Best Memorial Award. Gotamco Vietnam, South Korea, Thailand, and and Borja were adjudged as 2nd and 7th Singapore flew to Manila to compete in Best Oralist in the Preliminary Rounds, the regional round, which was hosted respectively. P

Ateneo Jessup team overcomes UP; advances to Washington D.C.

AHRC celebrates indigenous peoples in “Ka-Tribo Ako”

FEBRUARY of 2014 saw the launch of the Ateneo Human Rights Center (AHRC) Katutubo Desk’s annual Desk Session for school year 2013-2014, themed “Ka-Tribo Ako: Celebrating Indigenous Peoples’ Contribution to Philippine Culture and Society,” composed of several activities all aiming to raise awareness and appreciation of Indigenous Peoples’ (IP) culture and rights.

Held annually in Stetson University in Tampa Bay, Florida, the Stetson moot is the most prestigious international environmental moot competition in the world. For this year’s competition, teams from Latin and North America, North and South India, West Africa, South East Asia, East Asia, and Ireland, in their respective regional rounds, argued on questions regarding the protection of sea turtles and the cultural rights of indigenous peoples.

award, the Ateneo team also took home the award for Best Memorial and Best Speaker for the Final Round (Cecille Danica Gotamco). Another Ateneo team, comprised of Ma. Anna Margarita Bueno (4A), Angela Katrina Feria (2A), Mary Grace Hicban (1E), and Alyssa Sheena Tan (2A), also placed third overall (Second Runner-Up) in the competition, after facing its fellow Atenean team in the semi-finals.

The forum also featured a sampling of indigenous culture. Apart from sharing his folks’ experiences, Bricks Sintaon, a Talaandig from Bukidnon, also demonstrated traditional dances and songs of the Talaandig. Sintaon has worked in institutions such as the Cartwheel Foundation, Inc., which aims to promote education for marginalized members of indigenous communities.

a Madukayan Folksong from the Cordillera Region which starts off with a peaceful chant, interrupted in parts by animal calls and sounds of children playing, and finally ends with the same peaceful tone with which it began.

The event was capped off by the opening of an exhibit of photographs by Katutubo Filipino Project at the APS Building Atrium. The project, A highlight of the forum was the Hail conceptualized by Jacob Maentz Mary the Queen Children’s Choir, and his wife, Nahoma, documents which won won first place in the different indigenous peoples around the children’s folk choir category and Philippines in order to raise awareness garnered the Children’s Choir of the of the slowly changing and disappearing World Award in the 67th Llangollen cultures of indigenous peoples in the International Musical Eisteddfod country. P Children’s Choir Festival held last July 2013. The children performed one of their winning pieces, Orde-e,

By Erlaine Vanessa D. Lumanog

AFTER two years of setbacks in the Philip C. Jessup International Law Moot Court Competition national rounds, the Ateneo-Jessup team recently came out ahead of the University of the Philippines (UP) College of Law and took back the right to represent the Philippines in the international rounds this coming 6-12 April in Washington, D.C. Last 27th and 28th of February 2014, the members of the AteneoJessup team, composed of Eduardo Danilo Macabulos (3A), Angela Ray Abala (4B), Toni Lou Sevilla (4C), Lauren Toledo (4A), and Leo Arman Galang (2B) as oralists, together with Carmina Reyes (3B), Carlwin Ong (1B), and David Rosario (2A) as team administrators, went head to head with the representatives from the UP Law in the final rounds held in the University of Sto. Tomas. In order to meet UP in the finals, the Ateneo team had to prevail over the University of San Carlos-Cebu in the semi-final rounds.

Rounds (Toni Sevilla), 2nd Best Speaker for Preliminary Rounds (Eduardo Macabulos), 8th Best Speaker for Preliminary Rounds (Lauren Toledo), and Best Speaker for Final Round (Eduardo Macabulos). ASIL alumni, Attys. Domnina Rances and Timothy Batan, coached the team, with the assistance of fellow ASIL alumnus Philip Dabao. This 2014 marks the 55th year of the Jessup Moot, which is now the world’s largest and most prestigious moot court competition with over 600 law school participants in more than 90 countries. It is described as “a simulation of a fictional dispute between countries before the International Court of Justice, the judicial organ of the United Nations.” This year’s Jessup problem involves the conflict between maritime development and conservation, criminal jurisdiction, and maritime salvage rights.

In addition to the championship, The Philippines was able to achieve the the Ateneo team further took home world championship twice: in 1995 the special awards of Overall Best (UP Law) and 2004 (Ateneo Law). Memorial, Best Speaker for Preliminary

Update: The Ateneo team ended its run in the international rounds in the Top 32 (advanced rounds). Ateneo won third place for the Alona Evans Award for Best Combined Memorials and the International Law Institute Scholarship Award for Toledo. The Ateneo team had a 4-0 win record during the preliminary rounds and was only beaten during the advanced rounds by the University of Queensland (Australia), the team who eventually emerged as champions. P

The members of the Ateneo Jessup team represented the Philippines in the international rounds of the 2014 Philip C. Jessup International Law Moot Court Competition held in Washington, D.C. Photo by Angela Ray Abala

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ALS places third overall in 24th Conflicts of Law By Erlaine Vanessa D. Lumanog

THE ATENEO Law School (ALS) ended up bagging the bronze in the recently concluded 2014 Conflicts of Law, held on all Sundays of February and the first two Sundays of March, mainly at the Far Eastern University (FEU) campus in Manila. San Beda College Manila (SBCM) and University of the Philippines College of Law (UP), won gold and silver, respectively. Conflicts of Law is the annual sports competition among the different law schools around the region. It is often described as the “UAAP of law schools” because the participants, representing their respective schools, compete in various events such as basketball, volleyball, and football. The ALS Conflicts teams were able to keep up with the other participating law schools in the different areas of sports. The ALS men’s basketball team, led by team captains Christian Drilon (4B) and Leon Caguioa (3A), tied for third place with San Sebastian CollegeRecoletos (SSCR) School of Law, while the University of Sto. Tomas (UST) Law and SBCM teams won runner-up and champion, respectively. Likewise, the ALS women’s team, led by team captains Kristel Tiu (4D) and Kamae Ponce (4A), tied for third with San Beda College Alabang (SBCA), while UP Law and SBCM collected the silver and gold, respectively.

the middle of the show, SALSA ladies showcased a sultry routine through Chicago’s “Cell Block Tango.”

By Erlaine Vanessa D. Lumanog

Also a NOTA staple, the Ateneo Law School Choir captivated the crowd with their rendition of “All I Ask of You” from the Phantom of the Opera and “Somebody to Love” from the Ella Enchanted soundtrack. Outgoing seniors and resident soloists, Paje Davide (4A), Ben Ty (4D) and Nayie Caga-anan (4A) showcased their vocal prowess and fascinated everyone with their delivery of “I Dreamed a Dream” from Les Misérables.

bronze went to both UST Law and SBCM. Also boasting the title of champion, Alyssa Lamorena (4B) together with Paula Vasquez (3D) both crushed the other teams in the table tennis women’s doubles category. The most notable talent of Ateneo students would be in swimming, where the team not only took the championship, but also garnered individual awards. The ALS team was first in the 4x50 and 4x25 relays. Regine Abuel (2D) placed third in the 100m fly meet; Laurence Millan (1E) finished second in the 100m breaststroke meet; Stephanie Dysangco (2D) attained the bronze in the 50m breaststroke, 50m freestyle and 100m freestyle, and silver in 100m backstroke and breaststroke; and David Santos (1A) got the gold in all categories, save for his second place finish in the 100m backstroke division. Team A of the ALS debate squad did the school proud by placing runner up, allowing Quito Nitura (3B), Vitto Molina (4D), Ken Lukban (3A) and Leo Camacho (2D) to represent NCR in the ALSPNational Debate Competition in April. On the other hand, ALS Team B, composed of Dyan Garcia (2B), Rozen Cayetano (2B) and Leiron Martija (1D), placed 8th among the participants. One unconventional addition during this year’s competition is the beer pong game. The duo of Nelson Kevin Baldonado (4A) and Nico Bryan Tan (4A) bagged the championship in the one-day event.

In a five-set championship match, the ALS women’s volleyball team fell short against the ladies of SBCM, thereby taking runner up. Third in that category is another tie The 24th Conflicts of Law was between SBCA and SSCR. organized by the Association of However, ALS talents shined in Law Students of the Philippines – football when the mixed men’s National Capital Region, together and women’s team bagged the with the FEU Institute of Law as championship against UP Law. The hosts. P

Erratum In the January 2014 issue of The Palladium, the article “1B triumphs at the 2013 Sta. Maria Persons and Family Relations Moot,” misstated the names of the winners. The members of the winning team are Bea Gutierrez (1B), Pearl Simbulan (1B), and Anna Villanoza (1F). The Palladium apologizes for this error. 14 ThePalladium APRIL 2014

Law students take a Sneak Peek in NOTA 14

Guests also rocked out to the performances from various bands playing soundtracks from the movies. Some bands were composed of ALS students and their invited friends outside the law community— #TheSims (Imman Panganiban of 4A and friends) and The Viktorz (Kevin Baldonado and Abe Guinigundo of 4A and friends)—while the others exclusively came from the pool of law school talent. The freshmen were represented by Art. 19 (Raffy Bonoan, Erlces Cuizon and Torc Torcuator) and the graduating seniors, by the bands Illuminado (Vincent Aureus and Nayie Caga-anan, Lorenz Corpus, and Meg Castillo) and Presbeatz (Arik Abu, Ian Drilon, Neil Eustaquio and Julian Presbitero).

FILLED with song, dance, and poetry, this year’s Night of the Arts (NOTA) kicked off the month of March with the theme “Sneak Peek” at the Fort Bonifacio, BGC, Taguig City. Ateneo Law School (ALS) students and friends flocked to Arts in the City, either to showcase their talents in the performing arts, to support their friends and blockmates, or to simply enjoy and have a good time. The Ateneo Law NOTA is an annual event organized by the Student Council (SC) where law students

get a break from the daily grind of academics and share their talents in the different areas of the arts. In line with the night’s theme, student-performers, alumni, and their friends, presented numbers from hits of Broadway and the silver screen. SALSA, the law school’s premiere dance organization, composed of both students and ALS alumni, opened the program with a ballroom number, “Time of My Life” from the hit movie-musical Dirty Dancing. In

Solo talents graced the night as well. Kristine Cruz (4C) serenaded the crowd with “La Vie en Rose” from Wall-E and “Falling Slowly” from Once, Alyssa Lamorena (4B) belted out “Let It Go” from Disney’s newest box-office hit Frozen, and Angel Britanico (1C) charmed the audience with her Ukulele rendition of “Defying Gravity” from the Broadway hit Wicked, and “I See the Light” from Tangled. However, the most striking performance of the night went to Kathleen Gatdula (4B) for her passionate delivery of her very own poem entitled, “Dear Thesis.” Having a share in the spotlight too, the outgoing student leaders of the SC entertained spectators with High School Musical’s “We’re All In This Together,” as well as a powerful version of “Listen” from the movie Dream Girls by Second Year Batch Representative Cyndy Dela Cruz (2D). Not to be outdone by the students, Atty. Poncevic Ceballos represented the law school faculty with his ballroom dancing and rendition “My Way.” To close the night, SALSA once again took the stage and engaged the audience with their hip-hop skills by dancing to the beat of Honey’s “I Believe.” P

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By Atty. Ferdinand Negre and Jeff Ferrer

www.cybersquatters beware.com Cybersquatters seeking to profit from brands, in most instances registered as trademarks, register web addresses similar to it with very little or no variation at all.

CYBERSQUATTERS beware. On 11 February 2014, the Supreme Court of the Philippines promulgated its decision on the petitions seeking the unconstitutionality of the Cybercrime Prevention Act of 2012. In what is said to be one of its more controversial decisions to date, the Court upheld several key provisions of the law—among them, the crime of cybersquatting.

THE PROBLEM Atty. Ferdinand Negre is a teacher of intellectual property courses including copyright law and intellectual property enforcement at the Ateneo Law School. He is a partner at Bengzon Negre Untalan Intellectual Property Attorneys and the Vice-President of the Intellectual Property Professors and Researchers Organization of the Philippines, Inc. Jeff Ferrer is part of the Ateneo Law School Class of 2013 and a member of the Teehankee Center for the Rule of Law. He currently works at Bengzon Negre Untalan Intellectual Property Attorneys.

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Information technology law author David Bainbridge explained cybersquatting, saying that it “occurs where a person registers a company name, trademark, or the name of a celebrity in the hope of selling on the name to the relevant company or celebrity.” In a manner of speaking, it is like kidnap for ransom; only instead of a person, it is the domain name that is “abducted,” with the view of possibly extracting ransom money from a company or celebrity. Section 4(a)(6) of the Cybercrime Law defines ‘cybersquatting’ as: The acquisition of domain name over the [I] nternet in bad faith to profit, mislead, destroy the reputation, and deprive others from registering the same, if such a domain name is: (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration;

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(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

and regulations, and other issuances through electronic means is legally permissible and should be considered as a valid medium for the satisfaction of the publication requirement.

(iii) Acquired without right or with intellectual property interests in it.

First, the functional equivalence and non-discrimination principles introduced in the Model Law, as adopted by our e-Commerce Act, are not merely limited to evidentiary purposes; they also allow the legal recognition of information that is produced, stored, or transmitted electronically, such as in the case of online publication.

Domain names are the web addresses that Internet users type in the address bar to be able to view websites. The act described in paragraph (i) is the usual modus operandi of the crime’s perpetrators. Cybersquatters seeking to profit from brands, in most instances registered as trademarks, register web addresses similar to it with very little or no variation at all. For example, a cybersquatter who wanted to ride on the esteemed reputation of the Ateneo Law School may register “www.ateneolaw.com”, “www.ateneo-law.edu”, “www.law.ateneo.com” and countless other variations. They, of course, know that the Ateneo Law School registered its own website under the address “www.law. ateneo.edu”. A person who is not familiar with the Ateneo Law School’s official web address may be led to any of the websites other than its official one. In marketing terms, cybersquatting directs a potential target audience away from the real brand as it is presented, similar to the Ateneo Law School website example. What is worse is that instead of selling the domain names to the real owners, some of these cybersquatters sell the knock off web addresses to the highest bidder among competing brands. This enables competitors to get hold of their rivals’ web addresses, causing the failure of the real brand owner to reach its target clientele. To counter the increasing concern over crimes involving exploitation of information and communications technologies, including cybersquatting, the Cybercrime Law was approved in September 2012.

THE DECISION

Barely a month after its enactment, the Supreme Court issued a temporary restraining order (TRO) against the implementation of the Cybercrime Law. Upon the expiration of the original 120-day TRO, the same was extended “until further notice” in a decision of February 2013. It was only after a year that the Supreme Court finally issued its verdict. The decision, penned by Mr. Justice Roberto Abad, upheld the constitutionality of the provisions on crimes such as illegal access, data interference, identity theft, cybersex, child pornography, and cybersquatting. It, however, held other provisions unconstitutional such as those on unsolicited commercial communications and the separate penalties for online libel. On the matter of cybersquatting, the Supreme Court held that the petitioners failed to show how their argument that Section 4(a)(6) of the Cybercrime Law violated the equal protection clause enshrined in the Constitution. Article III, Section 1 guarantees that no person shall be denied equal protection of the laws.” The leading case of People v. Cayat (68 Phil. 12 [1939]) explains that this provision mandates continued fon p. 22

Second, the intent of the framers of the law, as explained in the case of MCC v. Ssangyong, was to promote the use of paperless and digital documents, transactions, and communications, and to accord to these paperless documents the same legal effect as that of printed documents. Third, the scope of the e-Commerce Act extends even to non-commercial transactions. Such is explicitly mentioned in the provisions of the law. The intent of not limiting its application to purely commercial transactions was to give the principles contained therein a “universal application.” Fourth, the e-Commerce Act also mandates the performance of the functions of the government and its transactions with the public through electronic means. This involves the setting up of an online network of the government to facilitate such online performance of functions and dealings with the general public.

THE PUBLICATION REQUIREMENT IN THE DIGITAL AGE By Janine Mesina

“Laws must come out in the open in the clear light of the sun instead of sulking in the shadows with their dark, deep secrets.” Publication in the new age -Justice Isagani Cruz in Tañada v. Tuvera, 146 Almost fifteen years after the Tañada ruling, the e-Commerce SCRA 446, 456 (1986) Act of 2000 was passed, with the view of adapting to the age of modern technology. Such law espouses, among other things, the universal application of the twin principles of EVEN FIRST year law students know that laws, rules functional equivalence and non-discrimination. These and regulations, and other issuances are required to be entail that information stored, processed, or transmitted published in the Official Gazette or in a newspaper of general electronically shall have the same footing as those that are circulation in the country. This publication requirement has found on paper-based materials, and that there should be no been iron clad in the Civil Code, and has been reinforced disparity of treatment between those found in paper-based form and those in electronic form. These principles paved and made even better by the Tañada ruling of 1986. the way for the possible inclusion of electronic means for The landmark Tañada ruling enhanced the people’s right the satisfaction of the publication requirement. to be informed of the laws and regulations that concern them. It clarified all misapprehensions in relation to However, the Supreme Court, in the 2008 case of Garcillano the publication requirement for the effectivity of laws, v. House of Representatives, rejected this possibility. The regulations, and issuances of general applicability. The case Senate inquiry on the “Hello Garci” tapes was declared laid down the doctrine of the indispensability of publication unconstitutional on the ground that the rules of the Senate for all laws and issuances of public concern, recognizing concerning its inquiries in aid of legislation were not duly such publication as an aspect of the right to due process and published in the Official Gazette or in a newspaper of general circulation. They were merely posted online on its official of information on matters involving public concern. website. Arguments pushing to uphold the validity of such It strengthened the people’s right to information – a stark posting relied on the e-Commerce Act, alleging that said law contrast from the prevailing situation during the Marcos already allows and considers as valid the online publication regime where such right was suppressed by the clandestine of such. The Court rejected the argument, ruling that the manner of promulgating presidential issuances. Most law is merely confined to the legal recognition of electronic importantly, the case also paved the way for the inclusion documents or electronic data messages for evidentiary of newspapers of general circulation in the country as an purposes, and not for being a medium for the publication of authorized medium to satisfy the requirement of prior laws, rules and regulations, and other issuances. publication. This translated to a wider reach for Filipinos, as opposed to mere publication in the Official Gazette that was As previously stated, the requirement of prior publication of laws, rules and regulations, and other issuances for their released at less often with limited public access. effectivity springs from the right to be adequately informed The end of the Marcos dictatorship saw an increased of the law that will apply to a person’s actions, which is clamor for an enhanced right of the people to information an aspect of due process. The requirement is also the over matters of public concern. To address this, President foundation of the conclusive presumption that every person Corazon Aquino issued Executive Order No. 200, knows the law, justifying the prohibition of using lack of which recognized the inclusion of newspapers of general knowledge of the law as an excuse for non-compliance. circulation in the country as an additional mode of Finally, such requirement is also the fulfillment of the right satisfying the publication requirement. This reform was to be informed concerning matters that govern the public sparked by the Supreme Court’s observation in Tañada. enshrined in our Constitution. Further, in light of the boom of broadcast media, a 2002 thesis produced by the Ateneo Law School’s Juris Doctor Proposing a mode of online publication program proposed the inclusion of television as another Using as a basis the provisions of the e-Commerce Act mode to improve the reach of the publication requirement. of 2000, which in turn was based on the United Nations However, our lawmakers have not adopted this proposal. Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce, publishing laws, rules Then came the digital age.

When the Official Gazette was launched online, as well as when the newspapers of general circulation started having electronic versions, the functional equivalence principle espoused by the e-Commerce Act should have applied to such online counterparts to render these portals sufficient to satisfy the publication requirement of the law. However, in view of the sweeping statement in Garcillano that the Act does not make the Internet a medium for the publication of laws, the functional equivalence of these electronic counterparts could not be upheld. Benefits of publishing online The use of the Internet as an added medium in the publication of laws, rules, and regulations – as opposed to publication in newspapers of general circulation – would be beneficial to the government in terms of cost effectiveness. For one, whenever the government would publish a newly enacted law or regulation in a newspaper, expenditures would be incurred on account of the fact that spaces in periodicals are private property; thus, there must be just compensation. Contrast this with the posting of laws and regulations online where the expense would be on account of the registration of the domain name of the website and not for every publication of a law or regulation. Particularly, in the case of online publication of laws, rules, and regulations, the government already has an existing online portal that is the Official Gazette Online which can be accessed at www.gov.ph. In addition, the Internet has been a growing medium for accessing news and information among Filipinos. A survey conducted by the National Statistics Office revealed that 78% of the 8,557 participant-establishments nationwide acquire information from various government agencies through online means. The study also showed that a bulk of Internet users belong to the younger stratum of the population. The survey forecasts a steady increase of Internet users over the next few years. Hence, the idea of publishing laws online is really worth exploring, given the many benefits it may potentially bring, especially when it comes to government savings. Classifying the Internet as an authorized medium for the publication of laws, rules, and regulations is in accordance with the mandate of the e-Commerce Act. Introducing this additional mode to complement the currently existing modes would heighten the chance of the people actually being informed of the laws that govern and bind them. The combination of the Internet and the traditional printed modes would lead to an increase in the efficiency of the publication requirement. Publishing online targets different sectors of the population at the same time, thus reaching the farthest extent possible, as opposed to having to choose only one mode that could lead to sacrificing target sectors of other modes. The convergence of the modes allowed would then lead to the protection of the enshrined constitutional rights to due process and to information, which remain to be the paramount consideration of the publication requirement. P The author is a senior law student at the Ateneo Law School. This article is based on her Juris Doctor thesis entitled, “Assessing the Sufficiency of Online Publication for the Effectivity of Laws, Rules and Regulations, and Other Issuances,” completed in 2013.

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(EPA) issued cost-effective regulations aiming to reduce harmful air pollution from the oil and natural gas industry, while allowing continued, responsible growth in U.S. oil and natural gas production. These regulatory standards are projected to achieve a significant co-benefit of methane emission reductions, estimated at 32.6 Tg CO2e in 2015 and 39.9 Tg CO2e in 2020.”8

Because emissions of carbon and GHGs cannot be totally eliminated due to possible negative effects to economies, the least nations can do is to control such emissions.

The Philippines’ Efforts

Weathering Storms: State Ventures into Climate Change Action By Marie-Chelle Panganiban and Fae Marie Bordey, with Nellaine Soliman

Our world today is not the same world our ancestors lived in a few decades ago. As human society develops—and it has undergone vast changes in this respect—so does the natural world around it. Development impacts on the ecology of Earth. This, in turn, causes effects that we must face. Climate change is one of these growing concerns. In the 1960s and 70s, the world first became aware of an increase in world temperatures and the seemingly connected increase in carbon dioxide (CO2) concentrations in the atmosphere. These were followed by an increase in devastating “natural” calamities—one of which is the very recent Typhoon Haiyan (Yolanda), which ravaged parts of Central Philippines. Today, it is no longer doubted that CO2 concentrations, as well as those of other greenhouse gases (GHGs), are the major propelling forces behind climate change. This is aggravated by the depletion of the ozone layer, a layer of gases in the atmosphere that absorbs the ultraviolet radiation from the Sun. The large amount of emissions from industries creates a “greenhouse effect,” which traps the Sun’s heat within the Earth’s atmosphere. This change in the Earth’s balance has resulted into many problems. This includes the shrinking of arctic sea ice and the consequent rise in sea level, significant changes in precipitation patterns globally, a generally hotter world, extreme weather (stronger storms due to warmer air), and abrupt changes in the seasons (e.g. spring comes earlier).1

capability of its people to survive. It is in response to these threats that world leaders came up with mechanisms like the United Nations Framework Convention on Climate Change (UNFCCC) that gave birth to the Kyoto Protocol. But the adoption of such mechanisms is just half the battle; whether or not state-parties hold up their respective ends of the bargain makes all the difference. Existing international efforts on combating climate change began with the Intergovernmental Panel on Climate Change (IPCC), the international body charged with the assessment of the climate change situation. Though a scientific body, it does not conduct its own research. Rather, it reviews and assesses the most recent information produced worldwide on climate change.2 Due to the initial findings of the IPCC, consciousness of climate change inspired world leaders to eventually set up the UNFCCC. The parties to this treaty form the foremost body on international climate change efforts. This body paved the way for the Kyoto Protocol, the document which obligates state parties to countermand climate change, primarily through international emissions trading, clean development mechanism (CDM), and joint implementation ( JI) of agreements.3 Currently, there are 196 parties and 165 signatories to the UNFCCC.4 Meanwhile, only 83 of the 192 parties to the UNFCCC’s Kyoto Protocol signed and ratified its original text and amendments.5 It must also be noted that not all these countries ratified it in its entirety. Some expressed reservations to protect their existing legislations, while others did not ratify the same so that it can be given effect There are more problems that threaten the domestically. ecological stability of our world, as well as the Clark Duncan’s article “Which Nations are Most

The International Ventures 18 ThePalladium APRIL 2014

Responsible for Climate Change?” provides insight on the status of countries’ contributions to climate change. It demonstrates that countries do not produce the same amount of emissions; some contribute to climate change more than others. China, United States of America and India have the highest percentage of current CO2 and GHGs emissions that affect climate change6 Their combined contribution comprise 50.4% and 36.3% of the total global CO2 and GHGs emissions. Some large developed and developing countries have planned to address the climate change issue by reducing their carbon emissions. While there are other different GHGs that affect and are harmful to the environment, “by reducing emissions intensity alone, the impacts will be significant”7 in reducing the carbon footprint. Focusing on the top three contributors to climate change, it is important to ask if these countries have adopted and implemented domestic legislation to address the needs of the environment. In terms of putting two and two together, David King, et al.’s The Response of China, India and Brazil to Climate Change: A Perspective for South Africa, The Guardian’s reports, and the 2014 Climate Change Report of the US Department of State contributed greatly to this work. These discuss the home-base steps, which leading climate change contributors employed to reach their set targets. Reports show that China, India and the United States have implementing legislations that mitigate the risk of climate change. Because emissions of carbon and GHGs cannot be totally eliminated due to possible negative effects to economies, the least nations can do is to control such emissions. To help achieve the goals of the Kyoto Protocol, “the US Environmental Protection Agency

In the Philippines, efforts to combat climate change come from almost all sectors of society: national and local government, civil society, NGOs, and business or industries involved in advertising and public relations, agriculture, architecture and urban planning, broadcast, food, health and wellness, hotel and restaurant services, information and communication technology, manufacturing, mining, power and energy, property development, telecommunications, transport, travel and leisure, and utility.9 The Department of Environment and Natural Resources (DENR) compiled and reported some of the country’s efforts to fight climate change in the publication Climate Change Adaptation: Best Practices in the Philippines. Among these is the Climate Change Act of 2009, which created the Climate Change Commission. The Commission is mandated to formulate the National Framework Strategy on Climate Change and the National Climate Change Action Plan (NCCAP). The framework, meanwhile, is supported and appended to the country’s existing legal and policy mechanisms, such as the Philippine Clean Air Act of 1999, the Ecological Solid Waste Management Act of 2000, the Philippine Clean Water Act of 2004, and the Philippine DRRM Act of 2010. Significantly, the thrust of the Climate Change Commission (CCC) is to promote climate changeresponsive policies and actions at the most basic level, such as building ecologically sustainable towns (“ecotowns”) that capitalize on rural development.10 In the NCCAP, the CCC identifies seven thematic priorities: food security, water sufficiency, environmental and ecological stability (which includes strict implementation of environmental laws), human security, climate friendly industries and services, sustainable energy, and knowledge and capacity development.11 One government agency seen to have a hand in implementing Philippine international obligations

is the Department of Energy (DoE). Its thrust is to develop sustainable sources of energy. Aside from implementing the Malampaya Gas-to-Power Project that lessens Philippine dependence on imported sources of energy,12 the DoE is now also undertaking the National Renewable Energy Program (NREP) or the “Green Energy Roadmap” of the Philippines.13 One of the concrete fruits of this program is the Cagayan de Oro City Solar Farm, which generates 1-megawatt or 14,000,000 kWh of energy.14 The DENR is also involved in climate change actions, largely in terms of enabling citizens to adapt to the effects of climate change. Notably, different bureaus and regional offices on shoreline, watershed, and forest preservation; indigenous peoples assistance; and food security through climate change adaptable crops.15 The DENR is also the agency tasked under the Philippine Clean Air Act of 1999 to set the emission standards for fuel use and develop the action plan. In Henares v Land Transportation Franchising and Regulatory Board (LTFRB) and Department of Transportation and Communications (DOTC), the Supreme Court refused the issuance of a writ of

mandamus compelling LTFRB and DOTC to require public utility vehicles to use compressed natural gasses.16 This is primarily because the law tasks the DENR (not the DOTC or the LTFRB) with the law’s enforcement.17 A limitation may thus be seen from this ruling, which to an extent constraints the attainment of the ultimate purpose of the law. From these, the Philippines seems to be adapting further its risk-exposed communities to the many adverse effects of climate change. This owes greatly to the fact that the Philippines, as evidenced by recent natural disasters, is more prone to climate change’s devastating changes in ecology. Although the country’s disaster management-focused measures are necessary in our situation, the enhancement of efforts to mitigate—instead of merely adapting to—the grave effects of climate change should instead comprise a significant part of the Philippine Climate Change Action. The operation of laws such as the Philippine Clean Air Act of 1999, the Ecological Solid Waste Management Act of 2000, the Philippine Clean Water Act of 2004 are essential to our efforts to successfully combat climate change’s looming threat. P

End notes 1 “Feeling the Heat: Climate Science and the Basis of the Convention,” United Nations Framework Convention on Climate Change, available at http://unfccc.int/essential_background/the_science/ items/6064.php, (last accessed January 5, 2014). 2 “Organization,” Intergovernmental Panel on Climate Change website, available at http://www.ipcc. ch/organization/organization.shtml#.UslY9LTwif8 (last accessed January 5, 2014). 3 “Kyoto Protocol,” United Nations Framework Convention on Climate Change website, available at http://unfccc.int/kyoto_protocol/items/2830.php ((last accessed January 5, 2014). 4 United Nations Framework Convention on Climate Change, “Status of Ratification of the Convention” [Last modified 2013], available at http://unfccc.int/essential_background/convention/status_of_ ratification/items/2631.php, (last accessed December 27, 2013). 5 United Nations Framework Convention on Climate Change, “Status of Ratification of the Kyoto Protocol.” [Last modified 2013]. available at http://unfccc.int/kyoto_protocol/status_of_ratification/ items/2613.php (last accessed December 27, 2013). 6 Clark, Duncan. “Which Nations are Most Responsible for Climate Change?.” The Guardian, , sec. Environment (April 21, 2011), available at http://www.theguardian.com/environment/2011/apr/21/ countries-responsible-climate-change (last accessed January 4, 2014). 7 King, David, Megan Cole, Sally Tyldesley & Ryan Hogarth, The Response of China, India and Brazil to Climate Change: A Perspective for South Africa. (University of Oxford Working Paper 2012), available at http://www.smithschool.ox.ac.uk/research/library/The Response of China India and Brazil to Climate Change_ A perspective for South Africa.pdf (last accessed January 4, 2014). 8 U.S. Department of State, “2014 Climate Change Report”, available at http://www.state.gov/ documents/organization/214946.pdf, (last accessed January 5, 2014). 9 Climate Change Adaptation Best Practices in the Philippines, ed. Dr. Corazon PB Claudio (Manila: Department of Environment and Natural Resources, 2012), available at http://climatechange.denr. gov.ph/ (last accessed February 5, 2014) [hereinafter Climate Change Adaptation]. 10 Id., at 79 11 Id.., at 79, 80 12 Id., 97 13 Id. 14 Cagayan Electric Power and Light Company, Inc., “Welcome to Cagayan Electric Power and Light Company, Inc.”, available at http://www.cepalco.com.ph/solar.php (last accessed February 5, 2014). 15 Climate Change Adaptation, supra note 9, at 99-111 16 Henares v Land Transportation Franchising and Regulatory Board and Department of Transportation and Communications, G.R. No. 158290, October 23, 2006. 17 Id.

Editor’s Note: The principal authors are sophomore students at the Ateneo Law School. This article is based on their term paper for Public International Law.

APRIL 2014 ThePalladium 19

You can’t go wrong with a tapa-and-itlog combo, especially since the egg is whipped to light and fluffy perfection.

TARA SA KANTO! By Korin Aldecoa Photos Krisdelle Rivero

Which of the following restaurants are you most likely to try: a. One that is sikat or hot on Facebook; b. One that is sosyal or lead by a chef who’s famous in Hollywood; c. One that is kakaiba or offers something different and new; or d. One that is mura or so easy on the wallet that you can afford to eat there every day?

Still undecided? Don’t worry! Kanto offers option “e” – a restaurant that is “all of the above.” Sikat. To the uninitiated, “kanto” is simply Tagalog for “corner.” However, a quick Google search would lead you to Kanto Freestyle Breakfast. Kanto is much like a roadside carinderia, but classier and more popular. Not only does its Facebook page boast of at least 13,000 likes as of this article’s writing, it also promises to be a “source of affordable yet delectable food”. They proudly display Instagram-ready dishes, which garner glowing reviews and comments from satisfied customers who constantly sing them praises, tag friends to make plans with, or ask for more branches. Their regulars include popular celebrities like Cristine Reyes who was even hailed as “Kanto Queen”. This carinderia has been repeatedly featured in the TV programs of Solar News Channel, TV 5, GMA and ABSCBN. Sosyal. Kanto’s exquisite food presentation rivals that of expensive gourmet restaurants. This is because one of the brains behind Kanto is Chef Archie Val Juanta, head chef to Lord of the Rings director Peter Jackson. Impressive as that sounds, Kanto didn’t click with its customers just because of its artful plating or Hollywood ties. It’s due to something more straightforward than that. According to co-

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The chicke was tend savory. It sweet, sa garlicky all a

owner Eugene Claravall, what makes Kanto so attractive is—quite simply—the food. Masarap! True enough, the taste and quality of the food of the restaurant live up to its hype. On my first visit, I tried Batangas Beef Tapa and Honey Garlic Chicken, which were under the “Kanto Boy Breakfast” selection. Both were served with scrambled eggs, garlic rice and tomato pesto. Every bite of the tapa was an explosion of distinct beefy goodness. You can’t go wrong with a tapa-and-itlog combo, especially since the egg is whipped to light and fluffy perfection. The mildly flavored garlic rice made a nice complement to the eggs and beef. The tomato pesto neutralized the rich flavors. I can say the same about the Honey Garlic Chicken. The chicken itself was tender and savory. It tasted sweet, salty, and garlicky all at once. For dessert, I ordered Fluffy Pancake topped with Goya and Chocnut Ganache. If you love local chocolate and pancakes, this treat would not disappoint. As its name claimed, the pancakes were truly fluffy. They were also delightfully creamy and topped with a generous dollop of melted chocolate and Chocnut bits. My gratifying pancake experience even convinced me to order Bacon and Eggs Pancake for take-out. The bacon was the right balance of salty and crispy, making it a suitable match to the fluffy eggs and pancake. I must admit that the two strips of bacon on my plate disappeared rather quickly. APRIL 2014 ThePalladium 21

Libis are painted with a solid yellow, interrupted only by the familiar pattern of diagonal black and yellow stripes. Even the lights, reminiscent of street lamps, were deliberately chosen to recreate a street setting.

na pina-sosyal.” He noticed that like our Asian neighbors, the Philippines is known for its street food. “So why not glorify it?” he remarked. This sparked the concept of street food with a posh twist. With Kanto, Claravall and his business partners did the reverse of what some restaurateurs do. Their idea was to “bring the Pancake House experience to the masa.” The logo of Kanto—a simple cartoon of a plate and black utensils on a lined, yellow square— was intentionally designed to resemble a street sign. In fact, the walls of Kanto

I’m definitely going back to Kanto. No other restaurant in the Philippines brings gourmet food to the streets with such interesting appeal and budget-friendly prices. And as they say, “the proof of the pudding is in the eating.” I’ve done a lot of eating and, so far, Kanto has done a lot of proving. P

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ll (yellow brick) roads led to the Cultural Center of the Philippines Main Theater last January 22 as theater aficionados traveled to see the much-awaited Manila run of Stephen Schwartz’s Wicked: The Untold Story of the Witches of Oz during its opening night.

With over 50 awards, including a Grammy and three Tony’s which it garnered over its ten-year run abroad, the show was sold out weeks before its opening. And there’s no wonder why.

Green-ingAbroad

continued from p. 16

The petitioners in this recently decided case of Disini v. Secretary of Justice (G.R. No. 203335, 11 February 2014) argued that the Cybercrime Law failed to make reasonable distinctions as would result in liability for those who register a brand or trademark as a domain name by virtue of use as real owner or as an alias. The Supreme Court ruled that the equal protection clause finds no relevance against the Cybercrime Law insofar as cybersquatting is concerned because the matter Section 4(a)(6) punishes is

By Alyssa Hannah R. Nuqui with Iris M. Pozon

Spell-binding, bold and larger than life, the musical tells the story not only of the Land of Oz—long before Dorothy dropped in with her glittering, red shoes—but also the unlikely friendship between the Wicked Witch of the West, the green yet courageous Elphaba, and the Good Witch of the North, the perky yet endearing Glinda (silent guhhh!)

www.cybersquattersbeware.com

only reasonable and not absolute classifications.

(Wiz)n’tWonderful?

not the mere fact or registration of the domain name but the bad faith attending such registration. In particular, the Court elucidated, “there is no real difference whether he uses [“Julio Gandolfo”] which happens to be his real name or it as a pseudo-name for it is the evil purpose for which he uses that the law condemns.” Hence, any action involving an allegation of cybersquatting boils down to presentation of proof of bad faith in registration.

THE QUESTION

With the implementing rules and regulations for the Cybercrime Law in the

works, we can expect a wave of actions involving cybersquatting to be filed in the near future. The question is: Are we ready for this? The prosecution of these cases will test the limits of legal experts’ knowledge of the Cybercrime Law, as well as the intricacies of intellectual property law and information technology law. Where will the suits be filed? What courts or agencies should take jurisdiction over these matters? What remedies are available to the plaintiffs and will these be effective? We are treading unfamiliar waters, and our legal system will be forced to adapt to the ever-changing landscape of technological innovation. P

The first time I learned about Wicked was during my high school songfest. My section sang “One Short Day” and its catchy melody and remarkable lyrics got me curious. Since then, I have been singing songs

Image © Smart Commonications

Kakaiba. Kanto is certainly not your typical restaurant. The picture-perfect dishes featured on its Facebook look like those served in pricey restaurants inside exclusive hotels. And yet, they are served in a carinderia (Kanto Libis), in a garage (Kanto Kapitolyo), and on a sidewalk (Kanto Mandaluyong). These unlikely settings are what make Kanto unique—a rare quirk, which it really celebrates. Claravall explains that idea of Kanto was conceived in Lime 88, a bar—which he also co-owns—that serves “street food

Mura. Of course, the “Pancake House experience” is generally inaccessible to the masses due steep food costs. That is why three-digit prices are conspicuously absent from Kanto’s menu, with the highest being Php 99. For everything I ordered (Batangas Beef Tapa, Honey Garlic Chicken, Bacon and Egg pancake, Fluffy Pancake Topped with Goya and Chocnut Ganache, scramble, and iced coffee), I spent only Php 466. Had I ordered similar dishes in another restaurant, I would have probably paid at least twice that price and certainly not have the same level of satisfaction. What’s more, Kanto is open 24/7 and accepts orders for delivery to anywhere in Metro Manila.

“I’m through accepting limits ‘cause someone says they’re so, Some things I cannot change but ‘til I try, I’ll never know.” - Elphaba, Wicked

from the show to my heart’s content. In 2009, I had the privilege to watch the show in the famous Gershwin Theater, the musical’s New York home. Unlike other Broadway productions, the show had a distinct appeal that strikes a perfect balance. Dramatic with its combination of high-pitched lyrical solos and melodious tunes, Wicked definitely left everyone with a last-song syndrome. Another remarkable aspect of the musical was its production. The show definitely did not disappoint with its flamboyant costumes, make-up and props. I was amazed at how the actors portrayed Elphaba and Glinda, considering they were only fictional characters from a book. The set design may not have a revolving stage like Les Miserables or a helicopter landing onstage like Miss Saigon, but it was definitely a sight to behold. One could see the hard work the crew put into making the props. I could literally hear the audience hold their breaths as the opening scene started. Elphaba’s breathtaking performance of “Defying Gravity” was so riveting that my eyes were glued onstage.

Locally Wicked With the show’s big hits like “Popular”, “For Good” and “Defying Gravity,” and Filipinos’ affinity for music, it seemed inevitable for local theater enthusiasts to catch the same Wicked craze that has taken over abroad. Before the show’s eventual run here, many put up Facebook pages and petitioned the show’s producers to bring Wicked to Manila. Fortunately, the wizard finally granted our wish and bestowed us with a three-month run. While the CCP stage felt cramped for a larger-thanlife musical, the foreign cast definitely made up for it with their witty lines and banters. The three hours flew by as the actors and actresses belted out, crooned, shimmied, waved their wands amidst a stream of bubbles, gave make-overs, made life-long friendships and fell in love. With a show that bewitches just about everyone, Wicked definitely deserves two-thumbs up! It was able to transport its audience to the wonderful world of Oz and give them the experience of a lifetime. People normally step into the double doors of theaters expecting a song-and-dance number of sorts. Wicked delivered more than that. Just as Elphaba and Glinda grew as friends in their adventures and realized their potentials, the musical made its audience feel as if they can reach for the sky, unrestricted, boundless and ultimately, unlimited. P

APRIL 2014 ThePalladium 23

“ In art, the hand can never execute anything higher than the heart can imagine.” -Ralph Waldo Emerson

Visual

METaphor

The museum’s basement is literally a pot of gold. The Met features a securely and closely guarded treasure trove of ancient golden jewelry, allowing its viewers a glimpse into the opulence, discipline and style of the country’s pre-colonial craftsmen. The combined stillness of the place and richness of the culture creates an overwhelming experience. A single day is not enough to meticulously examine and appreciate the design and detail of each artifact in the collection. The pieces are precious enough to make even jewelry designers and stylists drool. Given the pricelessness of the exhibits, the security in the area is akin to that

of a highly guarded vault. Some of the pieces delicately placed in glass cases are forearm wraps and arm ornaments that were found in Mindoro. From these, one gets the idea that gold has been one of the main products of the country ever since the ancient times. The exquisite craftsmanship devoted to each item exudes a love for the element. Originally found in Samar, various sizes and designs of earrings dating back from the 10th up to the 15th century are also included in the exhibit. An exquisite kamagi (necklace), which is 4.9 meters in length and made by the Bagobos in Mindanao, demonstrates the creativity and good taste of our

By Ivy Junio Enguio Photos by Ivy Junio Enguio and Kin Enriquez/ Arvy Villamarzo (boardinggate101.com)

ancestors. The choices of what articles or pieces should be crafted showed that, eons ago, personal vanity and love for finery and prestige were part of the lifestyle and culture of our country’s old inhabitants. As sources of clothing inspiration, fashion and lifestyle magazines may take a backseat compared to these pieces. Sashes for high royalties, which were worn around the waist by the chieftains and datus, were on display. These not only symbolized the distinction and hierarchy of the rulers in the pre-colonial period, but were also complexly made from 1056 grams of pure gold. In fact, an artist will probably take one year to complete a piece. Detailed illustrations on how a fragment was formed and assembled were also shown. Interestingly, fifteen to eighteen of these sashes were found in Surigao; seven of which were deposited in BSP, while the other eight are in private hands.

t seemed like an unassuming edifice in Manila, but it turned out to be a slice of heaven for art aficionados and a source of inspiration for creativity and design. Established in 1976, the Metropolitan Museum Manila, the primary home of contemporary art in the country, was partially subsidized by the Bangko Sentral ng Pilipinas. In 1979, “The Met” was incorporated into a foundation known as the Metropolitan Museum of Manila Foundation, Inc., officially changing its status into an independent, private, non-sectarian, non-political and nonprofit cultural foundation. Although it is located in one of the busiest places in the metro, stepping inside the museum yields a stark contrast to the vibe of its external environment. In fact, The Met’s admission area already foreshadows the perfect blend of artistic ambiance. The Abueva Collection: The Power of Form, an exhibit of sculptures made by National Artist Napoleon Abueva during his creative years from 1951 to 2009, immediately greeted patrons upon entering The Met last February. The Museum featured some of the masterpieces created by this luminary, considered as the Father of Philippine Modern Sculpture. The second floor, meanwhile, houses the contemporary art works gathered by The Met

24 ThePalladium APRIL 2014

Also displayed are gold belt buckles from the 10th to 13th century, which were unearthed in Butuan. If you think bib necklaces are only trendy now, then think again—the old Tausug and Yakans from

Sulu were already genius and modish enough to create and design garment appliqués, which have a similar look to contemporary trends. Garment appliqués are gold clothing with details in various accentuating shapes.

from a number of national institutions and private collections. Aside from the usual paintings and artworks, multimedia exhibits are also installed, highlighting the diversity of The Met’s collections. The exhibits are arranged according to their respective eras: Horizon (1982); Trajectory (1965-1983); and Latitud (1984-present). The famous works of Fernando Amorsolo, Galo Ocampo and Guillermo Tolentino from19301950 can also be found in Galeriya Lor Calma. Interesting installations by various artists

occupies the corners of the room. Positioned strategically, the work of Luis “Junyee” Yee Jr. will surely catch an art connoisseur’s attention. “THINGS,” as captioned by its creator, is an artistic marvel made of wood, dried bananas, leaves and banana stock. All Things Gold

A delicate dragonfly choker was also made by the Bagobos of Mindanao, by putting together 6000 to 7000 gold granules that weighed as much as 26 grams. Loop-in-loop chains used as a sacred cord and worn diagonally across the torso, depicts the rituals practiced by our native ancestors. There are also ear ornaments from Mindoro, which are gold formed into square sheets and cut into stylized flowers. The chic drop, chandelier earrings of today are also things of the past since these quaint pieces made its way during the 12th to 15th century, as earrings made of hollow annular rings with dangles of stylized flowers and leaves. The collections of The Met serve as testaments to the sheer grandiosity of the Filipino heritage. The numerous pieces of art it hosts depicts not only the variety and range of artistic potential in the country, but also the history of skill of Filipinos. A trip to this museum remains a constant reminder that the Philippines is a country abundant with rich and immeasurable talent and creativity, unlike any other in the world. P APRIL 2014 ThePalladium 25

EVERYTHING I NEEDED TO KNOW, I LEARNED ON THE BASKETBALL COURT by Mariana Lopa

T’S UDEN T S A

The game of basketball has been everything to me. My place of refuge, place I’ve always gone where I needed comfort and peace. It’s been the site of intense pain and the most intense feelings of joy and satisfaction. It’s a relationship that has evolved over time, given me the greatest respect and love for the game. - Michael Jordan

ost law students prepare for law school by taking typical pre-law college courses like Philosophy or Legal Management. I, on the other hand, prepared for law school by playing basketball. From the get-go, I knew I was different. While my classmates in elementary were dreaming of becoming doctors and lawyers, the 7-yearold me was nurturing a very simple dream: to play basketball for as long as I could. Growing up in a household full of brothers and parents who were both varsity athletes in college, I inevitably inherited the sports gene. I started playing basketball in the same way I started law school—reluctantly. I remember that day like it was yesterday. A couple of classmates invited me to try out for the basketball team. I immediately called my parents on the two-peso payphone to let them know that I would be going home a bit later that day. Clad in my worn-out P.E. uniform and Chuck Taylor shoes, I joined my first ever basketball practice. It felt like reading a Supreme Court decision for the first time—I had no idea what I was doing or what everyone was saying! Much like how law students make an effort to dress in their corporate best on the first day of school, I tried very, very hard to emulate the basketball players I saw on TV. I didn’t care that I looked like an idiot or probably acted more of a liability than an asset

26 ThePalladium APRIL 2014

to my team. I was having the time of my life. My early memories of basketball in grade school and high school contributed greatly to my formative years. I didn’t want anything except to become a great basketball player. I decided then to do everything to achieve that goal. I gave up summer vacations, semestral breaks and Christmas vacations to join basketball clinics or camps. Without realizing it, I was learning the discipline and focus, which are necessary to become great not only in basketball but in any field I choose. It was definitely a challenge having to balance two to three practices a day, while passing all my subjects with respectable grades. I learned the value of time management and setting priorities very early on. It didn’t care that I wasn’t partying every weekend or that I couldn’t go on out-of-town trips with friends. I was happily playing the sport that I loved. The hard work paid off later on. Before I knew it, I was being recruited not only to the Youth National Team, but also by major colleges in the country. I eventually decided to go to the Ateneo on a full athletic scholarship. Playing on the college level was definitely full of challenges and lessons. Aside from the usual academic issues hurdled by student-athletes, I was confronted by the scary yet exciting world of college basketball. I was playing against the country’s best talents. Suddenly, the game

didn’t seem so easy and I wasn’t the top dog anymore. It felt quite similar to one’s first day of law school, when one walks into the classroom only to realize that almost everyone is probably smarter or more industrious than him or her. I was humbled because I had to keep improving every year. My teammates and I spent countless hours in the gym to keep up with the competition. We had to work hard and dedicate our entire lives to the game to constantly win games and championships. We persevered through adversities, injuries, and defeats. No matter the final score, when the last buzzer went off, we always felt a sense of fulfillment because we give our 100% day in and day out. Today, I approach law school with the same level of commitment to keep up with the academic demands and achieve my dream of becoming a successful Atenean lawyer. When I look back on my 13-year-old basketball career, I distinctly remember the times when people discouraged me: the teacher who told me that my dreams were shallow, the aunt or uncle who said I was just wasting my time playing a boy’s game, and all the friends who told me that I was missing out on all the fun. I now look back at them with a smile because basketball has become more than just a hobby. Basketball taught me valuable lessons, which I get to carry over not only to the four walls of the classroom, but also the greater classroom— or basketball court—of life. P

E GUID TO

NOTE-TAKING By Paula Rivera

typical trip to the Blessings photocopy booth goes something like this: “Kuya, may Sandy Crab SpecPro po ba?” or “Kuya, pagawa pong dalawang copies ng Rem ni Atty. Ingles. Thank you.”

It is virtually impossible, if not unthinkable, for any Ateneo Law student to not have used or, at the very least, heard about student-made reviewers that were tailor-made for certain professors. Incorporated therein are notes from professors’ lectures, examples, cross-references to other law books, prescribed readings and relevant jurisprudence—all presented in a direct and concise manner for easy reference and memorization. These reviewers, though not to be taken as replacement for actual textbooks, have become extremely helpful to students who are studying for their examinations and recitations. As a way to acknowledge the people whose reviewers have gone viral and helped countless students survive the rigors of law school, The Palladium asked them for tips from note-taking to just about anything in between. Get to know these awesome individuals and learn a thing or two from the people who, like you, relied on student-made reviewers when they were still in law school. Who knows? Maybe the next time you pass by Blessings, you’ll hear students asking for a copy of the [insert your name here] reviewer.

APRIL 2014 ThePalladium 27

3. You made a lot of reviewers for different subjects, which one is your favorite? Tax!!! I really felt that my tax reviewer helped me understand such a technical subject. And I am happy that it helped a lot of people. :) 4. How were you able to manage your time both studying and making reviewers? I have no idea. Looking back at things, I still have no idea how I did it. I guess it was just proper time management—planning ahead, etc. I had this goal that I’ll make a reviewer a week or so before midterms or finals in order to pass it around and so when it was time to study for exams, I already had my own material to use. 5. How did you take down notes? Did you record, type or write them down during class? What apps did you use, if any? The reviewers I made were actually mere improvements from existing reviewers (like Glenn Tuazon’s brilliant notes in Criminal Law Review and Remedial Law Review). So I would have other reviewers and I would jot down notes on them (or if there were no existing reviewers available, on textbooks [like my Securities Transactions and Property reviewers] during class. And then I’d scan through case doctrines and add them to the relevant codal provisions. 6. If you were a superhero, who would you be? Why? No clue. Haha! Sorry, [I] can’t think of anything clever to answer. 7. What’s on your music playlist? Right now? [A] hodgepodge of songs from artists like Up Dharma Down, Maroon 5, Paramore, One Republic, Anberlin, and songs from musicals like Wicked, Les Miserables, Miss Saigon. 8. What is your remedy for a bad day? Working out and sports! Sweat all the bad vibes out.

28 ThePalladium APRIL 2014

Ateneo Law Batch 2014 (made reviewers and/ or digests for Administrative Law, Political Law, etc).

Ateneo Law Batch 2013 (made reviewers for Taxation Law)

Ateneo Law Batch 2012 (made reviewers for Taxation, Criminal Law, Remedial Law, Credit Transactions, etc.)

1. Any tips on note- taking? Come to class prepared. ALWAYS. Note taking becomes easy when you understand the subject matter before you even step into class. 2. What made you decide to make a reviewer? I always found it difficult reviewing for exams using textbooks because there are a lot of discussions, which weren’t going to be in the exams anyway. So, even back in 1st year, I made handwritten reviewers for Persons, Criminal Law II, and Obligations & Contracts. Reviewers help studying become “streamlined” so you really get to focus on the important parts. Another reason why I made reviewers was because I have this thing against having so many papers in front of me when I’m studying. It’s annoying to not know where a certain lesson or where an important doctrine is amidst all the materials. So, I made reviewers to consolidate things in just one material. Hence, the term “consolidate to dominate.” Hahaha! Love it!

ATHENA LOUISE ERANDIO

PIERRE MARTIN REYES

ATTY. MICKEY INGLES

NIKKI BELLOSILLO ALEXANDRA CASTRO Ateneo Law Batch 2013 (made reviewers for Remedial Law, Commercial Law, Administrative Law, Land Titles, etc.)

1. Any tips on note- taking? Nothing really, just that you should really try to do it. Some professors don’t go by books, and base their test questions on seemingly random things they mention to the class offhand. Plus, it helps keep you busy, which is kind of essential for snooze-fest moments in class. 2. How did you take down notes? Did you record, type or write them down during class? What apps did you use, if any? I personally used my laptop to take down notes most of the time. I’d input the notes into the reviewer I was making during class, and just edit after. I didn’t do recording because I’d have to listen to it again. I just used Word for Mac, and to have accurate doctrines and case citations I used eSCRA. 3. Which subjects/ professors did you find conducive for note- taking? I think all subjects/professors have little nuggets of knowledge they randomly mention in class, so I don’t think there are just specific subjects/professors it works for. Even if there was a nice book or reviewer that I could rely on for a subject, I’d write down my own annotations on them during class, just so I’d remember it better when I was reviewing the material later on. 4. You made a lot of reviewers for different subjects, which one is your favorite? I would have to say my Remedial Law compilation. It was the only subject I covered from Rule 1 to Rule 134, including all the Special Rules that were covered for our bar. I integrated my notes from reviewers I made the first time I took subjects like Criminal Procedure or Civil Procedure during Remedial Law Review in senior year, then made a quick sheet for the last weekend of my bar as well. 5. Where did you find the time to make all those reviewers? It’s how I studied. Instead of reading a book over and over again, which would make me bored. I realized I could get some things from books on a particular subject, some from reviewers made in the past, read everything once, and kind of make a comprehensive reviewer that I could study during exams. I didn’t have the time nor the patience to go through an entire book or several reviewers when studying for tests, so I just made one I could rely on instead. It was really useful because I was able to use the material I made during law school for bar review. 6. If you were a superhero, who would you be? Why? Wonder Woman, I guess. ‘Coz sometimes when I was juggling being a single mom, a law student, and the head of an organization 7. What is your favorite holiday? Why? Christmas. Everyone gets presents, extra calories, and an extra serving of time with their family. 8. Who is your favorite cartoon character? Tigger from Winnie the Pooh. (Editor’s Note: Xandra was The Palladium’s Editor-in-Chief during S.Y. 20122013)

Ateneo Law Batch 2013 (made a reviewer for Special Proceedings)

1. Any tips on note- taking? Writing everything that your professor is saying is hard especially when you’re trying to recall the facts of the next case. Then again, if you come to class prepared, note taking will be easier. Before going to class, you should have read the codal provisions, books, and the cases assigned. That way, you could easily note down the things that your professors are saying that are not found in the codal, cases and books. 2. How did you take down notes? Did you record, type or write them down during class? What apps did you use, if any? I do not have a very light laptop that I can bring to school. Neither do I have an iPad. I also do not have the time to listen and transcribe a recording. So the only way that I could take down notes is by using a pen and paper. Since I do not write very fast, I have to make my own notes before class. I usually write my notes on the margins of my case list, reviewers, books, or codals so that I could decipher what I’ve written when I’m reviewing for that class. I do not write on a pad paper because I tend to lose them at the end of the day. If I manage to keep them, I sometimes have a hard time recalling what my notes were referring to. 3. Which subjects/ professors did you find conducive for note-taking? Believe it or not, the professors that conduct recitations every meeting [handle the subjects that are] most conducive for note-taking. This is because you are forced to go to class prepared. You already know what the professor is saying because you’ve read everything that he assigned. That way, you only have to note down those that he or she said that are not in the books, cases, codals that you’ve read before class. 4. What made you decide to make a reviewer? I made reviewers for various reasons. First, there is no available reviewer for that subject. Second, I do not want to study a lot of materials (i.e. books, cases, codal) during midterms and finals. Third, it helps me understand the subject because I have to summarize everything in just a few pages. 5. What do you do to de-stress? I sleep to de-stress. Excluding my sleeping time, it would depend on how much “free time” that I have. If my only “free time” was during my drive going to and from school, I listen to upbeat songs. If have at least two hours, I watch movies (that are not thoughtprovoking). If I have a lot of “free time”, I read nonlaw books. These may sound tame/nerdy but please understand that I also did not have a smart phone during my four- year stay in law school. Hence, I could not check my social accounts whenever I need to destress. I also cannot play games on any gadget because I do not own one. Neither do I have any vice. So, I just sleep to de-stress. (^_^) 6. Where is your ultimate travel destination? Any scenic and/or historical interest area will do ^_^

1. Any tips on note-taking? Honestly, I was not the type of student who takes down notes. I preferred listening to the lectures and recitations. As they say, 80% of what we learn is acquired through listening. Instead of taking down notes, I suggest that, for the most part of the class, just listen effectively. If you insist on taking notes, my tip is to limit it only to the important points. 2. How did you take down notes? Did you record, type or write them down during class? What apps did you use, if any? I only took note of the important points and I usually wrote them down in a yellow pad or in the syllabus itself. I didn’t use a laptop in class and I used my iPad sparingly. I’m traditional in that sense. For tax law, I made my reviewers prior to class. If there’s something missing, I would make some marginal notes in my printed draft to remind me what to add or revise in the final version of my reviewer. Occasionally, I would ask my seatmate (who eventually became my girlfriend) for her notes. 3. Your reviewers are very popular among law students, how does it feel like? It is a great pleasure for me to see that my humble work is of great help to law students. I am also happy because I am able to promote my anti-crab mentality advocacy through my reviewers. My reviewers [were always] meant to be shared and I want[ed] to encourage others to share their reviewers. Ang Atenista hindi kailangan manlamang para maka-angat sa iba. 4. Why did you decide to make your reviewers in Q&A format? Is it more advantageous? I am a firm believer in the KISS principle. I believe a reviewer should ‘”Keep It Simple and Straightforward.” The advantage of the Q&A format is its simplicity. With the Q&A format, you’re able to get brief but complete answers just as how answers to exam and recitation questions should be. To the author of the reviewer, it trains him or her to present the subject matter in a simple and effective way. To the reader, it trains him or her how to organize his or her thinking and to give a straightforward answer. The answer starts with one’s position backed up with legal basis and then followed by an application to the facts and a conclusion. 5. If your life were made into a movie, who would play the lead role/s? It has to be John Lloyd Cruz. I think my friends and girlfriend will agree. Idol ko ‘yan especially his character Popoy in One More Chance. 6. How do you see yourself five (5) years from now? Five years from now, I see myself as a lawyer specializing primarily in tax law (maybe as a Senior Associate in a law firm). I also see myself as a professor teaching, well, tax law. Around this time frame, I would have probably taken my LL.M. 7. What do you do to de-stress? Actually, kapag nakikita ko girlfriend ko, napapawi na ang stress ko. Other than that, catching a movie at the cinema and cooking are my means to de-stress.

DANIEL GUINIGUNDO Ateneo Law Batch 2012 (made a reviewer for Administrative Law)

1. Any tips on note-taking? a. a. AVOID any sort of distractions. As hard as it may seem to avoid using the school’s free WiFi and listen to your seatmates’ latest stories, it would be best to focus on the professor and make sure you get the main points, case titles and doctrines that he highlights as they are sure to come out in exams. b. b. Do not hesitate to clarify anything that is unclear to you. c. c. Do what works best for you! Handwritten notes are just as good, concise and complete as typewritten ones, as long as you are comfortable with writing. d. d. By all means, share! You won’t get higher scores by depriving your blockmates of your hard work. If anything, the subjects that you failed to take notes on might be made available to you as well— all in the name of good will. e. Integrate your notes with existing reviewers (don’t forget to cite) for the purpose of updating. 2. What made you decide to make a reviewer? a. To help me to better digest and understand the material since I comprehend the subject better when I write it down. b. b. I don’t like using too many study aids when I study for an exam or for daily recitation so I find it helpful to be reviewing one material only. c. To share with my study group and to help out others who are at a loss on what to study for the subject. 3. How did you take down notes? Did you record, type or write them down during class? What apps did you use, if any? I’m a bit old-fashioned so I use my trusty Black V7 Pilot pen and notebook when taking down notes. If the professor has any side comments after the class, I use the “Notes” app on my smartphone and just incorporate it to my notes later. 4. Did the reviewers help/ benefit you in any way? How? It helped me a LOT! Aside from the fact that I found it beneficial to be reviewing one material only (since some books, or reviewers for that matter, tend to contradict each other or are too verbose but tend to say the same thing anyway), I was able to use it for my Bar review and internship for quick reference on concepts and case doctrines. 5. Who is your idol? My dad. With his seemingly impossible schedule at work, he still finds time to spend the weekends with us and to eat dinner at home everyday despite the numerous invitations and functions that he could attend instead. Aside from that, he makes it a point to pray for us every morning and still lead our church (he is an ordained pastor). A person who can walk the talk and can make his God and his family his top priority before his career? Now that’s the kind of man I want to be. 6. What is your remedy for a bad day? Watching my favorite series or Pancake House’s pan fried chicken! (Editor’s Note: Dan was The Palladium’s Editor-in-Chief during S.Y. 2011-2012)

1. Any tips on note-taking? It depends on the professor really, but the technique I find that works best is marginal note-taking. I have the messiest law books because I usually just scribble down the important things that come out of class discussions, even during recitations. I know it sounds archaic but marginal note-taking is actually a quick note-taking method because what you write down serves as a SUPPLEMENT to something not already in the book. It’s also easier to refer to since you usually place it beside the codal provision it explains (sometimes with longwinding arrows). It also helps to be prepared before class so you won’t get lost in the middle of the discussion. It’s easier to take down notes and to sift through less important details if you have an idea what topic you’re discussing. 2. How did you take down notes? Did you record, type or write them down during class? What apps did you use, if any? When I’m not writing it down on margins, and when there’s no prescribed book, I’m usually on my laptop. I just listen to the professor and type down the more important details of the discussion. I don’t download any special apps, I just use whatever software can host texts and just type away. It helps if you’re a fast typist. 3. Which subjects/ professors did you find conducive for note-taking? Administrative Law under Atty. Agra, Remedial Law subjects under Atty. Tranquil, Succession under Atty. Balane and Trademarks Law under Atty. Ortiguerra. What’s similar among all these professors is that they take their time to explain the nitty-gritty of the law. They don’t just go through a specific provision quickly and disorderly. They take time to go into the details and the practical aspects of the law or a specific situation. 4. Did the reviewers help/ benefit you in any way? How? Definitely. Reviewers have a way of assuring you that someone went through the same thing you’re presently experiencing and survived. It’s a guide to help you predict the flow of discussion and what topic you should focus on. Also, let’s admit it, reviewers have a way of cutting down the number of pages you need to read since the person who made it already edited out the unnecessaries. As the saying goes, study smart! 5. How would you describe your four years in law school? In one word—challenging. 6. What do you do to de-stress? Sports, food and sleep. I always make sure I get enough sleep before I go to school. Again, study smart. Sometimes, you don’t need to go on an all-nighter just to finish reading for one subject. If the odds are in your favor, you might not even get called the next day for that specific subject. Find a perfect balance for everything and maybe you won’t even feel the stress. But of course, make sure you make-up for what you didn’t read, or it will come back to haunt you come finals week. 7. What’s on your music playlist? I listen to a lot of upbeat songs when I study (and even when I’m not studying). Sometimes, love songs. Definitely, songs with a lot of lyrics I can sing to like Sara Bareilles, Adele, and Karmin covers. None of that classical music and instrumental stuff because [these tend] to dampen my mood and [make] me just want to stay in bed. I do have them in my playlist, but I find that I rarely ever play them. P

APRIL 2014 ThePalladium 29

eeting individuals who can instill both fear and admiration is rare. They are usually the ones who can make your knees shake but at the same time make you want to put them on a pedestal. In the halls of the Ateneo Law School (ALS) however, encounters with such people happen on a daily basis. Every day, students walk into classrooms to face law professors who are armed with an arsenal of killer questions for recitation. While most law students dread going to class, they don’t think about skipping it altogether lest they miss the opportunity to learn from the best and brightest legal minds in the country. The professors at ALS are not your run-of-themill lawyers. Many graduated at the top of their class, and/or placed in the Bar examinations. They are not only known experts in their corresponding fields of law, but also published authors, with their names emblazoned across the very books their students study. Some write newspaper columns, while others are seen or heard regularly on TV or radio. Indeed, they are unstoppable forces, which cannot be contained within the confines of the classroom. Fortunately, these people pass on their legacy not only by molding future lawyers, but also by rendering public service through the government. Juggling professions is never easy, but for professors Commissioner Siegfred Mison and Dean Andres Bautista, being teachers and public servants at the same time was exactly what they wanted. The Border Patrol

DOUBLE DUTY By Kira Rances Photos by Kira Rances and Foundation for Liberty and Prosperity Photo editing by Ana Flor Lacanlalay

30 ThePalladium APRIL 2014

Atty. Siegfred Mison is the current Commissioner of the Bureau of Immigration. Appointed last December 18, 2013 by Justice Secretary Leila De Lima, he first joined the Bureau as an Associate Commissioner in 2011 and was designated as the Officer-in-Charge on July 16, 2013. Aside from his day job, he also teaches Wills and Succession. His teaching career began on 2000, when he first taught Partnership and Obligations and Contracts. As a graduate of the United States Military Academy in West Point, New York, he later served in the Armed Forces of the Philippines (AFP) from 1987-1999. Government service was in his blood, to say the least. His father served in the Bureau of Customs and was also in the AFP. His uncle was in the police force and a former NBI Director. Yet another uncle was a public prosecutor and elected as a Quezon City Councilor. As to why he entered the government, he simply replies that his calling to serve the country was already his family legacy. “Motivation came from a generation of government officials in the family,” he says. So what does an Immigration Commissioner do? He describes his job as, “[putting the] bad guys out, [the] good guys in. I lead an agency whose mission is to control and regulate the

Some write newspaper columns, while others are seen or heard regularly on TV or radio. Indeed, they are unstoppable forces, which cannot be contained within the confines of the classroom.

movement of persons to, from, and within the country in [order to contribute] to national development. We enforce immigration, registration, citizenship, and anti-trafficking laws. We control the borders, making sure only those good guys are allowed admission and prevent the ‘escape’ of the bad guys from our country.” His advocacy is to “make the Filipino regain [their] lost pride by simply doing the little things to make our country better, [and] show the bayanihan spirit and become a good virus to infect the government sector.” With this, Atty. Mison advises anyone who serve or are planning to serve in the government “[to] serve from the heart. Low financial package is compensated with the highest psychic income. There’s no greater pleasure than seeing your Master (the public) happy with your service. [You] can’t please [everyone] but you can surely touch people’s lives.” The Anti-Corruption Advocate Currently the Chairman of the Presidential Commission on Good Government (PCGG), Dean Andres Bautista has held the position since September 2010, while teaching Constitutional Law since 1999. His multi-tasking skill knows no limit, as he also served as former Dean of the Far Eastern University’s Institute of Law and member of the consultative commission for the proposed revisions of the 1987 Constitution during the Arroyo administration. His job at the PCGG, which was established under Executive Order No. 1, has three clear mandates: “(a) recovery of ill-gotten wealth of the Marcoses; (b) investigation of other cases of graft and corruption; and (c) institution of corruption prevention measures.” In February 2013, he received praise from the Office of the President for his office’s successful recovery of a staggering $29 Million or P1.3 Billion from the Swiss accounts of the late dictator and his family. For Dean Bautista, his stint at the PCGG is

not only professionally satisfying, but has also transformed into quite the learning experience. Being in government was his choice. He believes that “to experience a complete professional career, a lawyer [has] to work in both the private and public sectors. Just like teaching, working in the government allows you to give back and promote the common good.” Despite his achievements in the government however, he laments the seeming lack of interest of some ALS students to serve in the government. For him, “the top ALS students are probably less inclined because government work is not as financially rewarding (unless you are corrupt).” He observes that the nature of government work makes it difficult to attract the best students. Lack of merit and financial considerations are just two of the drawbacks of public service. “Unfortunately, [the] government has not been able to institute a meritocracy so that its achievers are recognized and rewarded,” he says. Time Management as Key Given the gargantuan tasks they handle, Atty. Mison and Dean Bautista always make sure that they manage their time wisely. Dean Bautista shares that he is neither one who absents from class nor neglects responsibilities. While Atty. Mison admits that his work takes precedence, he sees to it that his teaching schedule lets him handle his night classes properly. Both don’t consider their jobs as a hindrance to their duties as teachers. In fact, teaching helps with their government jobs. Dean Bautista’s work is very closely related to Constitutional Law, while teaching in general allows Atty. Mison to stay updated with relevant laws. Government service should never be a last option for law students after they earn their stripes. It entails big responsibilities and great skill. After all, our law professors are living proof of these. P APRIL 2014 ThePalladium 31

If you don’t take it seriously, it’s very difficult to come up with a thesis topic. But if you thought it through, you may not have a thesis topic right away, but it beats someone who gives a topic that is not well-thought out and later on realizes na hindi pala ito pwede

ou’ve probably seen students typing intently on their laptops, poring over ancient law books, flipping through white-paged softbound papers, or sitting at the library’s computer terminals while busily writinga down notes. No, they did not shift courses. They were doing their thesis.

work under the program.” Under the Revised Thesis Rules, the Committee can reject a thesis proposal submitted by a student either in Fundamentals of Thesis Writing (FOTW) I or II during the Third Year. The Committee, together with all professors of FOTW I and II, deliberate the topics submitted by all third year students. According to Atty. Sta Maria, the main purpose of the deliberation is to eliminate the problems of lack of legal issue and topic duplication. After assessment of thesis topics, the Committee will then release the results during summer. Last year’s thesis deliberation results required students to consult with specific professors, or approach and negotiate with peers who have similar topics.

The thesis experience truly embodies the saying that “nothing in life worth having comes easy.” Thesis writing is not just an academic endeavor. It is a test of character. The law student will face a lot of obstacles. The first of which is the search for that elusive thesis topic. This calls for great research skills—the ability to sift through books and other materials to spot not only an interesting, but also a novel legal question. People skills will also matter, since you will need to consult with professors, lawyers, and friends. Secondly, the topic must also address a legal issue. This will require analysis of pertinent legal provisions and jurisprudence relevant in your chosen field of law. Lastly, the student will have to go through an oral defense before a panel of THESIS ADVISER experts—the final step towards the coveted Juris Students have the discretion to choose their Doctor ( J.D.) degree. thesis advisers. The Rules only require that the adviser is a member of the law school faculty. The To better prepare for all the possibilities, it is thesis adviser exercises general supervision over important to know the nitty-gritty details of the the student’s work, which must be at least 50 Ateneo Law School (ALS) J.D. thesis program. pages long. He or she can set an earlier deadline for the thesis draft, or conduct a mock defense ahead of the actual defense.

JURIS DOCTOR: THE NITTY GRITTY OF THESIS 32 ThePalladium APRIL 2014

By Lara Karina S. Tuazon

THESIS COMMITTEE

The Thesis Committee supervises the thesis program for both Juris Doctor and Master of Laws students. It is composed of the Director— Atty. Amparita Sta. Maria currently heads the Committee and also sits as Chairperson—and two other members designated by the Dean. The Committee’s functions include the “fixing of deadlines for submission, setting of schedule for oral defense and coordinating administrative

It is important that the adviser certifies that one’s thesis is ready for defense. In case the adviser gives a grade below 75%, he or she can require a revision of the thesis. When the adviser feels that the thesis already meets the academic standards of the law school, he or she will indicate his or her approval on the thesis adviser form. The adviser’s grade should also be written on the Thesis Adviser Grading Sheet, which must be submitted to the Thesis Center. The components of the grade are: 50% for Substance and Content, 30% for Form and Presentation, and 20% for Novelty of the Issue. This grade makes up for 1/3 of a student’s over-all thesis grade.

DEFENSE: NOT YOUR ORDINARY RECITATION

The thesis defense is the culmination of all those months of preparing and writing one’s thesis. For most law students, not knowing who their panelists are and what will happen once they set foot inside either Room 1 or 2 of the Thesis Center are enough to cause sleepless nights— even weeks—before their scheduled defense. The Oral Defense Panel is composed of three members, at least two of whom must be part of the law school faculty. The Committee chooses from a pool of professors under different faculty clusters. Atty. Sta Maria explained that, “[‘y] ung departments dito may clustering na rin. Halimbawa, ’yung Commercial Law Department nakahiwalay ‘yung Intellectual Property Department. Alam mo may pool ka, kung saan ka kukuha.” She added that they also invite practitioners to become panelists if they think the topic falls under the latter’s area of expertise. “Sometimes, we do invite ‘yung mga alam namin na gumawa rin ng thesis on that,” she said. The defense schedule depends on the topic’s field of law. For example, students with thesis topics under tax law will defend during a given period. Atty. Sta Maria mentioned that they “also look at the schedule of the faculty para isang puntahan na lang sila. Mahirap ‘yung iba-ibang topic sa isang araw.” Each panelist will then grade the student according to the following: 60% Oral Argumentation, 30% Form and Written Presentation, 10% for Novelty of Issue. For Oral Argumentation, the panelists will take note of how the student “defends the position taken in the paper, the accuracy and relevance of cited authorities and the persuasiveness of the thesis summary and recommendation.” After the defense, the student will be asked to step out of the room while the panel evauates his or her performance. A number of assessments are possible: no revisions, major revision, minor revision, grade withheld, or re-defense. “Dati kasi ‘yung thesis, after you defend, it’s either you pass or fail. The rule [was] if the panelist [thought] that the thesis as it is written and as defended [is okay], may average kang at least 75, then okay na ‘yun. Whatever suggestions [they give] would be optional,” Atty. Sta Maria said. For students required to do major revisions, Atty. Sta Maria remarks that this usually occurs when the student has undergone several changes in his/her thesis topic or when the student failed to develop the topic into an academic thesis. “Mayroon naman fundamentally flawed na,” she noted. In such a case, the Rules state that the Panel can “either withhold the release of grade, which cannot be higher than 75% at the end of APRIL 2014 ThePalladium 33

the defense [and] subject to release only upon submission of the thesis duly revised; or it can issue the final grade, (which cannot be higher than 75%) only upon submission of the thesis as revised, without need of further re-defense.” For minor revisions, Atty. Sta Maria observes that “[s]ometimes the topic is really good pero mayroon talagang kulang. Nanghihinayang sila minsan sa development ng topic.” To further improve the paper, the panel may suggest that the student do minor editing such as adding a chapter to supplement an important idea in the thesis. The Rules state that if the revision is only considered minor, the panel will then give a grade at the end of the defense. Atty. Sta Maria said that grade withheld is like a provisional grade. “The experience is, some professors, nanghihinayang talaga [sila]. They [would] rather give a provisional grade. They feel that especially when the student has defended well. They want to be assured that what you argued there, ilalagay mo doon [sa thesis],” she said. The student’s grade will be released only upon showing that the revisions, as suggested by the panel, were truly complied with.

Based on the Ateneo de Manila Code of Academic Integrity, “[n]otwithstanding any jurisprudence to the contrary, and in accordance with the exercise of the constitutionally recognized ‘academic freedom,’ plagiarism is identified not through intent but through the act itself: the objective act of falsely attributing to one’s self what is not one’s work, whether intentional or out of neglect, is sufficient to conclude that plagiarism has occurred.” Atty. Sta Maria even recommends the use of the plagiarism checker for all written works of students. “I’m proposing na even during the first year you have to sign something that [states that] everything would go through a plagiarism checker. May nahuhuli hindi lang sa thesis, pero wala pa akong alam nanag-file ng disciplinary case. It‘s just the thesis committee that has actually filed cases. So dapat mas ma-enforce pa ‘yun not only for the thesis but [also] for all the written assignments that you have,” she explained.

PATH TOWARDS EXCELLENCE

The thesis program is geared towards ensuring exceptional written outputs from all its J.D. graduates. This is in line with the law school’s pursuit for academic excellence and intellectual rigor, the ability to express legal conviction in forceful written communication. The thesis experience of each law student is certainly a fascinating—if not cringe-worthy— story to tell. Ask any ALS graduate about their thesis and they will regale you with interesting after interesting experience. After the seemingly endless research, writing and dreaded footnoting however, one’s feeling of satisfaction after finally printing that last page of bibliography will be something to look forward to and a high that will truly be beyond compare. P

However, the ultimate aim after one’s oral defense is for the panel not to recommend any revisions. For Atty. Sta Maria, students must take the initiative to excel in their thesis. “If you don’t take it seriously, it’s very difficult to come up with a thesis topic. But if you thought it through, you may not have a thesis topic right away, but it beats someone who gives a topic that is not well-thought out and later on realizes na hindi pala ito pwede,” she said.

PLAGIARISM AS A FORM OF CHEATING

The Committee takes plagiarism very seriously. It is considered not only as cheating, but also as an affront to the whole institution and must not be tolerated. According to Atty. Sta Maria, they can discontinue the defense upon showing that the student committed plagiarism. “Kapag ganoon kasi mockery na ‘yung defense. Sa [panel], hindi na importante ang sinasabi mo kasi huli ka na,” she said. The Committee can fail the student who committed plagiarism, without prejudice to other sanctions. The Committee can also file a disciplinary complaint and the Dean will then convene a committee to address the matter.

The 2013-2014 Student Council: A Look Back At The Year That Was By Eleonor Dyan R. Garcia

EVERY year, the Ateneo Law School Student Council (ALS-SC) launches and implements a number of projects that cater to the wants and needs of the ALS student body. These include a variety of services and a wide range of events that specifically outline the SC’s visions for the students’ well-being. This year’s SC not only revamped and successfully executed landmark projects, it also created several new developments and events that highlighted its competence and vision for the student population.

Administrative Needs

Events

This began with the launching of the Online Student Grievance Box. This gave students a more accessible medium to air grievances and an opportunity to inform the SC of their most urgent needs. A Registration Help Desk was also established. This assisted students during registration by offering a registration primer that contained relevant FAQs, providing computers for the printing of assessment forms, and monitoring the timely release of grades. Primers for blocks and different class electives were also given to students. These allowed them to prepare for the coming semesters, through tips from upperclassmen on certain professors’ lecture, grading, and examination styles. The SC also began talks with the administration on the allocation and creation of a school clinic, new school organization rooms, and a fitness center. A new SC hotline was launched, and they can now be reached via mobile phone.

The SC has always been in charge of implementing the yearly Freshman Orientation Seminar (OrSem), with the recent theme being the “Hunger Games.” There were 25 sophomore volunteers who worked together to give the incoming freshmen an informative program and an entertaining time. The SC, likewise, spearheaded the annual Back-To-School Party. This gave students an opportunity to unwind and relax before the load of the semester got heavier. This year, the students also took part in the annual Sportsfest, which gave them a day to let loose and foster camaraderie among different blocks and batches. However, the Sportsfest, which is usually held in the first semester, was pushed back to the second semester due to conflicts in schedule. The Night of the Arts remained to be the perfect opportunity for ALS students to showcase their artistic talents and to relax and enjoy their fellow students’ company. Towards the end of the school year, the SC also organized a Career Fair, which opened up possible internship and employment opportunities to students, especially the graduating seniors.

The SC provided the necessary assistance and support to student athletes and representatives to the annual Conflicts of Law organized by the Association of Law SchoolsNCR. This year also marked the first Ateneo Lex Law School field trip, where students of Loyola campus were given an opportunity to get a feel of the law school environment. They also conducted an orientation and school tour to De La Salle University students. In an effort to reach out and help our unfortunate countrymen, the SC also organized a Gawad Kalinga (GK) build and a medical mission at the GK Toyota Village at Santa Rosa, Laguna, which was in partnership with the Ateneo School of Medicine and Public Health and the Ateneo Graduate School of Business. The SC also held a blood drive, in partnership with the UP Mu Sigma Phi Fraternity, and spearheaded relief operations for the victims of Typhoon Yolanda.

Student Assistance

Bar Operations

This year, various projects were implemented to assist the ALS student body. This includes the holding of the General Assembly for students. This allowed the Council not only to present its mission and vision for the school year, but also to solicit suggestions from organization heads and students on things to improve on. A new Online Samplex Database was also established, giving students free access to sample exams that were collected over the years. In addition, the SC continued its annual Book Allowance Grant and also subsidized 60 leaves of thesis paper for all fourth-year students.

The Council helped the Central Bar Operations team by providing much-needed manpower, financial support and transportation. They also held the annual Salubong, a party for all Bar candidates who wanted to celebrate the end of the Bar Examinations and feel the support of their fellow Ateneans.

Organization Assistance The SC led the Recruitment Week for student organizations. To finance the implementation of their respective projects, the SC also provided student organizations with a PhP 5,000 budget grant.

A Final Assessment Ask any ALS graduate about their thesis and they will regale you with interesting after interesting experience. Illustration © Emily Taylor, http://inkedlemmings.blogspot.com

While one may find several areas or projects for the SC to improve on in terms of execution, information dissemination and variety, it must also be said that the SC has done an outstanding job in making its presence felt during the past school year. The new services, which the SC offered to its constituents, showcased its intent to truly support the student body. There is no such thing as a perfect student council. There are always new challenges every year. Each year, however, also creates fresh opportunities and allows novel ideas to be carried out. When all has been said

34 ThePalladium APRIL 2014

Inter-School Relations and Activities

and done, one thing is apparent and plain to see— the SC needs the student body’s support. The past year highlighted this in different ways, such as in the participation of students in the Council’s activities and their patronage of its services. Looking back, the SC dealt with a number of challenges. These, however, were often—if not always—countered with creative and innovative solutions. By making its presence felt and doing its best to be the student council that the student body needs, the SC did its part and did it well. P APRIL 2014 ThePalladium 35

C O L U M N SC O LP UI MN NI SO L A W D O U B I L I T Y

Final bow By Patricia Janelli A. Davide

I’M LIMITED—so begins the prelude to the powerful finale in the Broadway musical, Wicked. A sense of surrender envelops you. Yet you are left at ease, at peace. Never has this sense of surrender become more played up than in the last four years, with uncertainty staring you in the face every single day—where we can never know for certain when we’re going to be called on for recitation, or what will be asked of us is something our memory could just utterly fail us at that very moment, or whether or not the professor was satisfied with our answer, or if we’d even make it to the next semester. A strong, lingering temptation to quit lurks around the corner, as you go from one failure to another. But I have law school to thank for the constant reminder to accept the things that are beyond our control. To accept the things we cannot change, as the Serenity Prayer puts it. In theatre, we say, “The show must go on.” But what’s a show without the people who run it? The ones that test your limits. The ones that keep you sane. The ones that inspire. From professors to schoolmates to guards to janitors to the Administration and Blessings staff, I have law school to thank for the opportunity to encounter, intimately or from afar, a myriad of personalities who have left some indelible mark in me, without them even knowing it. Perhaps that prelude to the powerful finale was true: “[W]e are led to those who help us most to grow if we let them and we help them in return...Who can say if I’ve been changed for the better? But because I knew you, I have been changed for good.” In hindsight, it’s funny how, far from being an excuse for isolation from the real world, law school allowed me to reflect more about life. And this is what I am most grateful for. In theatre, we say, “You’re only as good as your last performance.” This has stuck with me through the daily grind of law school and of life in general. The possibilities are endless. Alone we may be limited, but when we share a part of ourselves with others, we realize that we are UNLIMITED. P

M I N E S W E E P E R

Divergent By Iris M. Pozon

AT THE start of the school year, I had already pegged what I was going to write for this column. I’d be saying thank you’s and good bye’s. I’d be recounting the struggles of getting through and surviving law school. I’d be quoting the quintessential “Paper Chase” extensively. And at the risk of sounding vain and selfimportant, I’d be writing something *hopefully* witty on what would seem like a laboriously rehashed post-grad nostalgia. But roughly a week before finals, I got in an accident. And then I realized that absolutely anything could happen in an instant. One second, you’re enjoying yourself and the next, you’re desperately clinging to your dislocated knee, while crying and screaming in mind-bending agony. Everything can go downhill in a single moment…but, then again, everything can also go uphill. Law school has a way of isolating us from the world. Most of us allow ourselves to experience what our little time would let us. We go to school, eat lunch with friends, go home to study, and then to do these over and over again, in no particular order, just to get by. And despite our usual nerve-wracking recitations and law school-induced stress, we eventually acclimatize and settle. Some of us are apprehensive about the future, while others push out the thought entirely. But after all is said and done, we’ll all have to face the real world. And the thought of finally entering it can be daunting and, well, all too real. Wanting to be a lawyer was a thought fashioned by my preteen self. I don’t know what virus seeped into my brain and implanted itself in my subconscious. I can’t even recall for sure if my memory of first making that decision was real, or nothing but a Leo pulling a Dom Cobb in the nth level of my dream state. But the greater part of me thanks that it or he did. I want to be a lawyer for a good number of reasons, some more sensible and honest than the rest on a given day. And one of those reasons was to be able to yield power—not that power, mind you—but the powers to control my destiny and make a difference. I wanted to be a mover and shaker, for one thing. Perhaps that’s a tad too idealistic of me (not too mention, unrealistic), but I really didn’t want to fit into just one mold and stay in that figurative faction for all eternity. And yes, to poorly reference Shailene Woodley’s endless train and roof-jumping, I didn’t want to just be dauntless. Fear can be good, after all, because it keeps us on our toes. I want to be a lawyer because it can offer me more than a job. It offers me possibilities. The split second before and after the pain was the vague transition; I now can’t wait for life to start. But before I finally say goodbye, let me still say thanks. Thank you to the random people who opened the doors, held the elevator or an umbrella, and lent their shoulder for me as I struggle to regain my step. Thank you to all footnoted names who willingly shared their reviewers, passed on tips, and helped me survive the daily grinds. Thank you to all the faces behind the offices desks or photocopy counters, who patiently waited for me and my peers. Thank you to all my professors for teaching me not only lessons in the classroom, but also values outside of it. Thank you to all my friends, law school or not, for not only the laughs but also for helping me go through the non-lucid intervals. But most of all, thank you to my parents and God, these are all you. Perhaps, one last gutsy thing from Paper Chase—“Professor Kingsfield: Mr. Hart, here is a dime. Take it, call your mother, and tell her there is serious doubt about you ever becoming a lawyer. Student Hart: … You … are a son of a b*tch, Kingsfield! Professor: Mr. Hart! That is the most intelligent thing you’ve said today. You may take your seat.” I’ll just hope I pulled something witty. P

36 ThePalladium APRIL 2014

F o r

W h a t

I t ’ s

W o r t h

H A P P Y

T H O U G H T S

A letter to the past

5 ways to keep on smiling through law school

By Arik Aaron C. Abu

By Erlaine Vanessa D. Lumanog

1 April 2014 Dear Arik (from four years ago), Congratulations for passing the Ateneo Law entrance examination! So, law school. Will it be difficult? Yes, very. But is it impossible? No. A lot can and will happen in four years. You will make some of the best decisions and commit the worst of mistakes yet. Here are some of the tidbits I picked up along the way that may help you in making the next four years a little less unbearable. Conquer law school one day at a time. Try not be overwhelmed by the number of cases and pages assigned. Believe in yourself, and trust that you will eventually find your groove. Learn to make a habit out of it. There is a reason why they call it the “daily grind.” Sleep. You will fall prey to that “I-need-to-pull-another-allnighter” trap just to cram everything in every now and then, but that almost always never works (unless you are a machine, and I highly doubt that). I am all for knowing when to pick up the pace, but it should not be at the expense of one turning into a zombie. Good grades come to those who do not cram the night before an exam but to those who kept at it weeks and days ahead. Go out with friends. See a movie (or two). Take a weekend off. Just because you are in law school does not mean you are no longer entitled to the good things in life. Surviving law school is not about the number of hours you clocked in, or the cups of coffee you have downed in the wee hours of the morning. Give yourself a reward of sorts every now and then. There will be days that you would feel lonely in this journey. But that is all right. Shrug it off and try not to be disheartened about it. Just because you felt lonely in those times does not and will never mean that you are alone in your journey. Your blockmates, friends, brods, and colleagues will be there to support you and give you that much needed push when you are just about to give up. Do not forget to return the favor by giving back and pay it forward when the time comes. Stay humble. Being a law student does not entitle you to letting the rest of the world know that you are one. We became law students because we wanted to be of service to other people later on. Your stay in law school will also be a test of your character: who you will be and how you will conduct yourself is indicative of what kind of lawyer you will become later on. With those being said, let me assure you that your best years are ahead of you. You will know and discover more about yourself and how much you can achieve if you just work hard for it. Most importantly, the next four years of your life will be about growth. Make sure to make the most out of your stay. Again congratulations, good luck, and welcome to the Ateneo Law School. Best, Arik (four years later) P

Life in law school is definitely not an easy task, even if you had the brain of Mike Ross. You can’t keep on with just your books, coffee and yourself alone. So being the sentimental senior that I am, I’ve decided to share my not-so-secret tricks to surviving law school with a smile: 5 – Don’t study 24/7. You got that right. Do not study all day, everyday. Law school is a marathon, not a race. If you spend all your waking hours slaving over books, you’ll burn out eventually. Maintain your hobbies or indulge in your go-to stress-relievers. While the study of law has become our focus, there still has to be a balance. Remember that you will be going through the same M.O. in the next couple of years. So the next time you decide to take a quick break from studying by watching an episode of Suits, eating at that newly opened holein-the-wall, or catching the next Marvel movie, stop yourself from feeling guilty. 4 – Celebrate small victories. At the end of it all, we aim to get the letters J and D after our names, which is also the precondition to getting the other letters we want before our names—“Atty.” But that’s the ultimate victory. In the meantime, learn to give yourself a pat on the back when you win small battles in the war that is law school. Victories may come in the form of simple things, such as a good recit with a tough-toplease professor, or big things, such as getting on the Dean’s List. It doesn’t matter how – just celebrate. Not only does celebrating small victories give you the encouragement you need for future battles, it also reminds you that when you do lose some, there’s always the next one to prepare for and look forward to. 3 – Become a part of something bigger. In hindsight, I can’t imagine the past four years without The Women of Aleitheia, ELSA, Libertas, Ateneo Golf Club, SALSA, The Palladium and even the Student Council 2012-2013. It’s not about the resume – because the top firms look at the QPI first and foremost. But with these amazing groups, as well as the principles and interests that we collectively share, I have gained so much more than what the academic curriculum had to offer. Do yourself a favor and join an organization or volunteer for events. They don’t even have to be organizations from Ateneo Law—just be a part of something bigger. There are tons of new experiences, opportunities and relationships to build that are waiting for you. 2 – Keep and nurture your relationships inside and outside of school. The Beatles said it right, I get by with a little help from my friends. If there’s one thing I’m sure of, I wouldn’t have survived law school alone. I’ve met some of my very best friends in this institution. Not just because we study the same books, but also because we’ve made it a point to deepen our friendships beyond the four walls of the Ateneo. For my family, barkada, and friends outside school, I’ve learned to make time for them because we all know, as law students, we never really have “free time.” Books can be your friends but they can never give you that warm hug when you’re sad or words of encouragement when you’re in despair. 1 – Pray. There’s no further explaining how prayer works wonders. Just pray and, as it has been said, let your faith be bigger than your fears. P

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O D D L Y

E N O U G H

L E I T A R T I K E L

Memoirs of a law student

In Re: Fear

By Nellaine Annabelle L. Soliman

By Darcee Lois B. Galleon

IT IS A TRUTH universally acknowledged that nothing worth having ever comes easy. Much more than testing my mind, law school has tested my self-esteem, my will to fight and hold on to my dream. I knew I wanted to be a CPA-lawyer since first grade. Though I imight be indecisive in other things, that dream constantly remains—even before I had full comprehension of what law is or of what it would entail to practice the profession. I admit that this naiveté is what led me to study law and to pursue it to the finish line. When I sometimes forget why I pursue the forever stressful and hard road of law, I hang on to this naiveté. I imagine rather than overthink things because over-contemplation is not fun; it breeds impatience, which lowers your potential and creates fear. But when fear does creep on me, my sisters are there reminding me not to mess up. I guess I am more afraid of their wrath than of my fear of failing. I have hurdled past the CPA dream with the green school. Now, I have crossed over to the other side to fulfill the lawyer dream with the blue school. I am half past my way to achieving it, and definitely, I cannot stop now. Recounting Memories Whenever things come to an end, we always tend to backtrack and remember some of the best and heartbreaking memories. As the end of my last semester in Ateneo Law School comes near, I remember the first day of class with my first law school barkada— Yna, Mia, Cates, Ricca and Allan. I was not able to graduate at the same time with them because I took a leave for a year. Still, I am grateful for finding friends in law school who are not only ‘with’ me, but were there ‘for’ me as I for them. I was blessed to have great friends from my blockmates—both original and current—to my org families, the Ateneo Law School Choir, the Campus Ministry Office and The Palladium. I remember my interview for internship with Atty. Jose Cochingyan, asking me about tax and fringe benefits. I will always be grateful to him for accepting me as an intern in his firm. It was in one of our conversations that I found a topic for my thesis. I remember the times I would have to meet with my adviser, Atty. Gonzalez. Though I never had him as a professor in any subject, meeting him gave me an opportunity to know and be inspired by one of the sharpest and brilliant minds in the field of taxation. I remember struggling to balance my work and my law studies. It was in my second year that I worked as a financial associate at an audit firm. It was during the first semester of my last year in law school that I worked as a legal assistant and an audit consultant in a publishing firm. The president, the manager and my co-workers have been very patient, flexible and supportive of my studies. They were the support system I had outside school who helped me in more ways than I have even imagined. I remember those times when I went home in Pampanga, my parents would always ask me how law school is. I always answered, “it is hard.” Just seeing them after weeks of not going home and knowing their sacrifices and their wish for me to succeed, I knew that everything was worth it. Counting My Blessings It was in law school that I met my fair share of people who can love and hate law at the same time with a depth of feeling to their very soul. I don’t think there is one law student who has not whined about the stress, the long list of cases, the lack of sleep, or the eccentricities of some professors. In spite of these, we cannot help but to pursue our law studies, whatever our reason may be. But as a chapter comes to an end, we continue to count our blessings. We met and gained friends inside and outside law school, who we may never had met otherwise. We were blessed to have met brilliant people in this field who have touched, inspired and changed us. We learned to appreciate the good things, surpass the heartbreaking ones and know we become better or stronger persons in the end. And we learned that our experience in law school—though it never came easy—would always be worth having. P 38 ThePalladium APRIL 2014

C O L U M N S

I once came across a chapter on fear in Yann Martel’s The Life of Pi. Let me quote an excerpt— “I must say a word about fear. It is life’s only true opponent. Only fear can defeat life. It is a clever, treacherous adversary, how well I know. It has no decency, respects no law or convention, shows no mercy. It goes for your weakest spot, which it finds with unerring ease. It begins in your mind, always. One moment you are feeling calm, self-possessed, happy. Then fear, disguised in the garb of mild-mannered doubt, slips into your mind like a spy. Doubt meets disbelief and disbelief tries to push it out. But disbelief is a poorlyarmed foot soldier. Doubt does away with it with little trouble. You become anxious. Reason comes to do battle for you. You are reassured…”

Admittedly, this was exactly how I felt when I entered law school. I knew I wanted to be a lawyer, but wanting to become a lawyer is different from being a lawyer. I was not prepared for graded recitations, daunting professors, and the heavy workload for every subject. Every day became a constant battle with fear—fear of getting bad recitations, fear of getting low scores in quizzes and exams, fear of being judged by my peers and fear that maybe law is just not for me. But let me tell you this. Fear is not a bad thing. As long as you don’t let it control you or consume you to the point of paranoia, fear is a good feeling. When you think about it, fear always goes hand-in-hand with hope, courage and willpower. For every low score that you get, there will always be hope that you get a higher one in the next examination. For every condescending stare and comment that you get from your professor, there will always be the courage to face him or her in the next round of recitations. For every depressing thought you’ve had since you started law school, there will always be the will to survive and face another day. You’ll continue this cycle of emotional ups and downs but before you know it, you’re already in your fourth year. Law school takes guts. It is not for the faint of heart because it will entail sacrifices that other people will not understand. You will want to give up and just leave your fate to the stars. But it is that constant prodding at the back of your mind that will remind you to get up and study. You will encounter fear and it will be up to you to defeat it. Fear is not unique to law students. Everyone feels fear in different degrees. I guess that it is the only thing that truly hinders us from being better. When we learn to control our fear, all of our other actions will follow. I am not trying to be Paolo Coelho-ish here, but we do take fear into consideration when we make decisions or choices. However, let us not forget that we also have the power to defeat fear. What drives me to write these? What motivates me to get up every day? What pushes me to get that coveted diploma? Well, fear—I can gladly say. P

F L U T T E R B Y

L a w

Hope

“Are we there yet?”

By Ma. Lourdes N. Colinares

By Dan Abraham G. Guinigundo

Let’s see. Law school has been everything but ordinary. To call my experience challenging would be right but quite underrated. To call it extremely difficult would come close to most parts of it but that would be focusing too much on the downside. To call it blessed would be very apt, although to add “very” to the blessed would make it more correct. Whenever a new school year begins, I’m always ready with promises and goals like higher grades, a healthier body, and other things, which already seem menial today. The failures of the past are stripped off from my shoulders as I decide to do better. Senior year came and these resolutions proved to be idealistic. Skipping the details on the laborious adventure called “thesis writing”—or rather, “thesis-finishing”—that ate up most of the first half of the year, and pushing aside the suddenly heavier pressure of graduation and the greater realization of the bar (God willing), the greatest challenge brought upon me and my family came as a fortuitous event, a natural calamity, and, as they say, the strongest typhoon ever recorded in history. So, how do we exactly move on from the damage and destruction brought by Typhoon Yolanda? One would wish for a manual or a “Moving On for Dummies” book in yellow and black to guide us, but even that wouldn’t suffice. For sure, our lives will never be the same. The Tacloban we grew up in is gone, physically. The pain of losing so much loved ones so suddenly still haunts us, most especially since two of our family members, my Lola Lily and my cousin, remain missing. The stories and images will never be forgotten. When something so overwhelming happens to a person, one would ask, “Why, God?” And I have been asking this question for quite some time now. Little did I know that the last time I was with Lola on November 2, 2013, she already gave us the verse to cling to during these trying times— (Jeremiah 29:11) “For I know the plans I have for you,” declares the Lord, “plans to prosper you and not to harm you, plans to give you hope and a future.” With the risk of sounding preachy, I just wanted to share this. We may not know why this happened to us. We may not know why everything was taken away, why good people had to die, and why our land was ravished by the water. With this ignorance and this darkness, we tend to act out, regress, go downhill, let ourselves go, and become reckless, but really, we must not.

c o n q u e r s

a l l

For the young, it will always be about fast-forwards; for the old, it will always be about rewinds. When we were younger, we all used to embrace change. We couldn’t wait to grow up and taste the life that we all have set ourselves to live. We couldn’t wait to enter “the real world” that we have heard so much about. The idea of independence and the much-celebrated responsibility of adulthood were tempting and, at times, very addicting. But years down the road, we suddenly crave stability and familiarity. We find ourselves taking too many photographs of moments that we try so hard to preserve. We reject everything that doesn’t resemble the present that we forget to live like the torrents that we are and not just ripples in the vast ocean that is life. It’s fascinating how change can affect everything it passes. We find ourselves wondering how life could have been much simpler and a lot less complicated had everything stayed the same. Change is like a face behind a mask: it can have as many disguises as it wants but once you take it off, it’s still the same face underneath. For some, change could mean a new house, a new neighborhood, a new school, a new teacher, a new block, a new partner. On the other hand, it could also come in the form of loss, freedom, life, death, and of course, growing up. Sometimes, I’d think to myself how convenient life would be if things just stayed the same. How our parents would always be around. How we would always be kids under their roof. How school would always be about one plus one. How we didn’t have to look elsewhere for money. How we wouldn’t have to deal with growing old. How no one dies and babies would always stay babies. How there would be no departures and only arrivals. For the young, it will always be about fast-forwards; for the old, it will always be about rewinds. But for now—in the middle of all this chaos—whether young or old, why don’t we all just press play? P

I have been reminded over and over again that what we should trust in the Lord, with all our heart, with all our mind, and all our soul. Admittedly, it is easier to succumb into the darkness rather than climb towards the light, but fighting towards the light will surely bring forth freedom from the pain and suffering, and give us strength and ultimately, hope. Hope. I still saw hope in the smile of a child despite her telling me last Christmas morning that she lost both her parents and brother. I still saw hope in our neighbors who helped each other cut the tarpaulin provided by UNHCR to protect them from the heavy rains. Of course there is an overwhelming feeling of desperation, frustration, and resignation, most especially to those who literally lost everything. But there is undoubtedly more than a glimmer of hope in the people of Tacloban. Even I can’t wait for the new Tacloban to rise. God willing, it would be far better than what it used to be. P

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E D I T O R IA L

The ignominy of anonymity

“Soar High” Illustration by Ana Flor M. Lacanlalay 40 ThePalladium APRIL 2014

here was a time when the Ateneo Law School Secret Files provided pleasurable browsing experience to ALS Facebook users. The page provided the Ateneo Law community with an avenue to reveal their most riveting encounters in law school—from alone moments with one’s crush in the elevator to the usual gore of class recitations. During the site’s early days, everything was shared for the sake of pure, old fun. Catching up on the latest posts became a guilty habit for most who were on their study break. All told, it was a welcome distraction—until the Student Council elections happened.

we all represent, turned into one big despicable farce. Malicious rumors were spread. Spiteful insults were hurled. Nasty lies were told. Dignities were lowered. Morale was lost.

From its usual staple of amusing anecdotes, the site became a host to black propaganda. At the height of the campaign season, the Secret Files was used as a tool to bash the candidates—not that bashing is entirely reprehensible. In fact, it can help voters know their future leaders better. Constructive criticism, as they put it. However, what happened was worse than that.

In its five months of existence, the site has shown a tendency to breed animosity. As if the prevailing atmosphere of law school is not tense enough, the Secret Files sows more discord by allowing some students to bring others down. It fosters crab mentality seemingly inherent in the law school setting—each man for himself. Instead of helping each other, students become instruments of another man’s downfall.

The Ateneo Law School Secret Files, which happens to bear the name of the institution

After the elections, everyone thought that the page would revert back to its usual harmless state. Alas, they were mistaken. It remained a source of law school gossip. Instead of candidates, blocks, this time, were made adversaries. People said that Block X is easier than Block Y; that Block Z’s line-up of professors is tougher than that of the other. Suddenly, it all became a question of each block’s and each student’s capabilities.

Is this a reflection of the current state of

the legal profession? More importantly, is this an embodiment of an ideal Atenean lawyer? What can we do about it? After all, the persons responsible for spreading these malicious rumors are all hiding under shrouds of anonymity. The site gave them a power to circulate gossip, which they may not have the propensity to do on their own. Indeed, they enjoy the freedom of speech, perhaps more so in the illusory world of the Internet. However, this right also has limits—both on legal and ethical levels. The irony of it all lies in the nature of the profession we belong in. We, as lawyers, should subscribe to facts and not hearsay. We, as Ateneans, should nurture goodwill instead of harping prejudice. We, as future Atenean lawyers, should subscribe to the truth. The Secret Files is a glaring reminder of our preoccupations in law school. It feels like high school all over again, where people tend to manifest their immaturities and insecurities. Is this the effect of law school on our senses? We beg to differ. P

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MAY

APRIL 4

Good Friday

Mother’s Day

Moriones Festival (Marinduque)

Pahiyas 2014 (Lucban, Quezon)

Wanderland Music and Arts Festival (Globe Circuit Event Grounds) Before You Exit Live in Manila (Samsung Hall)

3rd AmCham SholaRUN (BGC)

National Flag Day

When in Rome Live in Manila (Solaire Resort & Casino Grand Ballroom)

Summer Siren Festival (Crystal Beach, Zambales) (ends April 6)

19,20

Black Saturday, Easter Sunday

EARTH DAY

Pulp Summer Slam 14 (Amoranto Stadium)

Close-Up Forever Summer 2014 (Globe Circuit Event Grounds)

Pro Earth Run 2014 (BGC)

Maundy Thursday

RUSSIAN

BREAKFAST ON THE SHORE

DINE

LEARN

Learning Chinese, Spanish or French has become passé. Try learning Russian for a change! One of the more underrated languages in the world, Russian is actually the most geographically pervasive language in Eurasia and the most prominent of the Slavic languages. More interestingly, it is reportedly the second most used language on the Internet, next to English. But never mind all that, just learn it for fun! There’s not a single downside to learning a foreign language.

If you have not done this before, then you have not experienced beach life to the fullest. You don’t have to own or stay in a private beach to do it. Just get up early, take your steaming coffee and toasted bread, sit on the sand, and enjoy the view. Could there be a more inexpensive, relaxing breakfast?

THE PALLADIUM

Summer Bucket List

ROCK CLIMBING

EXPERIENCE

If you want some mountaineering experience this summer, try rock climbing—and by rock climbing, I don’t mean artificial rock walls in malls and fairs, but actual rock formations. Rock climbing is a physically and mentally challenging activity that usually requires weeks of body conditioning. You’ll definitely break a sweat, but the experience and the feeling of successfully reaching the peak are worth it! Atimonan, Quezon is the most widely known climbing area in the country. A number of climbers visit especially during summer, but other climbing spots that are just as visited by mountaineers. Some rock-climbing destinations include Wawa, Montalban, Mt. Manalmon, Bulacan and Dingle, Iloilo.

CONTROVERSIAL BOOKS

READ

Summer is a break from school. This means that most students opt to stay away from reading books altogether. But two months of all-physical activities, or just plain rest will rust anyone’s brain. Try reading a controversial book (fiction or non-fiction) to keep your brain cells alive. Pick one that will not only amuse you, but also make you think critically. Here is a list of recommended “controversial” fiction and non-fiction books. Note that some of these are actually banned in some parts of the world. You can revel in the idea that you’re able to satisfy your rebellious streak, without doing something illegal or way beyond your comfort zone. 1. The Catcher in the Rye (J.D. Salinger) 2. The God Delusion (Richard Dawkins) 3. I Did It: Confessions of the Killer (O.J. Simpson) 4. The Grapes of Wrath (John Steinbeck) 5. Slaughterhouse-Five (Kurt Vonnegut) 6. Flowers in the Attic (V.C. Andrews) 7. The Perks of Being a Wallflower (Stephen Chobsky) 8. Lolita (Vladimir Nabokov) 9. Tropic of Cancer (Henry Miller) 10. The Bell Jar (Sylvia Plath) 11. Fanny Hill/Memoirs of a Woman of Pleasure (John Cleland) 12. Frankenstein (Mary Shelley) 13. And Tango Makes Three (Peter Parnell and Justin Richardson) 14. The Color Purple (Alice Walker) 15. The Fortunes and Misfortunes of the Famous Moll Flanders (Daniel Defoe) 16. Ulysses (James Joyce) 17. A Clockwork Orange (Anthony Burgess) 18. A Day No Pig Would Die (Robert Newton Peck) 19. Fallen Angels (Walter Dean Myers) 20. Fahrenheit (Ray Bradbury)

By Ree Villaruel

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