The Palladium January 2015 Broadsheet

NEWS

LEGAL REVISITING THE MAGUINDANAO MASSACRE: HALF A DECADE AFTER

STM hosts its first ever CHR Cup

Forte hosts Moral Victory VII

VOLUME No. XVIII

UPDATES

ISSUE No. 2

Candelaria reappointed as ALS Dean

JANUARY 2015

a l s l a u n c h e s j. d. tracking system

Freshmen vie for victory in Sta. Maria Persons Moot Court Cup

By Bernard Velo Tumaru THE ANNUAL Sta. Maria Persons Moot Court Cup kicked-off another successful event with the holding of the competition named after the estmeemed Sta. Maria couple, Dean Melencio and Atty. Amparita— respected professors of Persons and Family relations. The tournament was held last August 23 at the Ateneo Professional Schools Auditorium, and was organized by the Ateneo Law School’s senior students from blocks of 4C and 4D.

Representatives from all freshmen blocks pitted their wits and skills against each other in various rounds of debate on the “Case Concerning continued on p. 3

Kyushu visits ALS to strengthen partnership FRESH START. Newly reappointed ALS Dean Sedfrey M. Candelaria has three more years to continue the reforms he initiated in the Law School--including the impending introduction of the J.D. Tracking System in A.Y. 2015-2016, which now starts in August.

By Carlo Gabriel P. Sanchez ONCE MORE, the Ateneo Law after a survey yielded positive results, School is raising the bar higher in with members of the ALS community Philippine legal education with the generally supportive of the Dean’s impending enhancements in both latest endeavor. its Juris Doctor ( J.D.) and Master of Laws (LL.M.) programs.

Tracking System After holding a series of Primarily, the Tracking System consultations with faculty members is meant to streamline the elective and students, Dean Sedfrey M. courses taken by the J.D. students.

Candelaria has officially announced The program offers students the the rollout of the Tracking System for opportunity to specialize in an area of the J.D. program starting with A.Y. law according to their own interests.

2015-2016. The decision was reached The initial proposed tracks are

Photo by Yul Araya

as follows: (1) International Corporate and Business Law – Finance, (2) International Corporate and Business Law – Corporate Litigation and Dispute Management, (3) Environmental Law, (4) Intellectual Property Law, (5) International Economic Law, (6) International Human Rights Law, (7) International Law, and (8) Litigation and Dispute Resolution.

The proposed system continued on p. 2

ALS and HRVCB sign MOA on legal assistance for R.A. 10368

By Jamie Alexandria M. Santos

THE ATENEO Law School (ALS), through the Ateneo Human Rights Center (AHRC) and Ateneo Legal Services Center (ALSC), DRENCHED IN FOAM. Student Council officers, together with members of the Ateneo Central Bar Operations, led the celebraPhoto by Denise Sales tion of the annual Salubong in the Sofitel grounds, marking the end of the Bar Exams season. signed a Memorandum of Agreement (MOA) with the Human Rights Victims Claims Board (HRVCB) for the provision of paralegal assistance

By Marie-Chelle G. Panganiban THE ATENEO Law School (ALS) this year were foam and confetti machines. in accordance with Republic Act No. community capped off this year’s The celebration culminated four 10368 (RA10368), or the “Human four-Sunday Bar examinations with Sundays of operations in support of ALS Rights Victims Reparations and the traditional Salubong at the Sofitel Bar candidates, which included academic Recognition Act of 2013”. The MOA Philippine Plaza, yesterday, the last assistance, special request services, signing was held last 15 August 2014 Sunday of October 2014. accommodations and lodging at Sofitel, at the Veritas Hall. Atty. Amparita Sta. The Salubong featured both ALS and even the Holy Eucharist and other Maria and Atty. Nina Patricia Sisonstudents and the friends and families of spiritual services right before, during, and Arroyo represented the AHRC and the the Ateneo Bar candidates joining the Blue after every examination day.

Babble Battalion in the familiar Ateneo A largely volunteer-driven affair, ALSC respectively, while Chairwoman cheers, and in dousing arriving barristers the Ateneo Central Bar Operations is the Lina Sarmiento represented the

Fueled by volunteer power, 2014 Bar Operations delivers

with water and alcohol. Cheerful additions VOLUME No. XVIII

ISSUE No. 2

continued on p. 3

continued on p. 2 www.thepalladium.ph

By Zarah Mae L. Rovero IN ITS second year of partnership with Kyusu University, the Ateneo Law School (ALS) hosted a short-term student exchange program for ten inbound students from the Japan-based institution.

This is the second part of the annual interuniversity student exchange program between the two schools. Last 15-24 May 2014, five ALS students—comprised of Armand Dulay (4A), Angela Feria (3A), Patricia Geraldez (3B), Phil Recentes (3C), and Zarah Rovero (2A)—were sent to Fukuoka, Japan to participate in the “Re-Inventing Japan Program of Kyushu University,” which focused on cultural and heritage preservation.

This year, the theme of the program is “Heritage and Community.”

On their first day, the students, together with Japanese Studies graduates of the Ateneo de Manila University, visited the Philippine Science High School (PSHS). The Kyushu students conducted a workshop on the state of heritage preservation efforts of the Japanese government. They also taught the PSHS students a short course on calligraphy.

The activities on the second day focused on interactions with ALS students. A member of an indigenous group was invited to speak before the Japanese students about the culture and tradition of their ethnic group. There was also a film viewing concerning the Aurora Pacific Economic Zone and Freeport (APECO), which depicts a domestic struggle between industrialization and cultural preservation. This allowed the foreign visitors to have a more concrete visualization of the differences in cultural and heritage protection between Japan and the Philippines.

The students then had a one-day internship program with the local unit of Toyota, wherein they got immersed on how Philippine culture and heritage influenced Toyota’s business and products in the country.

The exchange program culminated with a tour of Intramuros,

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NEWS

ALS launches Tracking System and dual J.D.-LL.M. degree continued from p. 1

will classify the different elective courses as “tracked electives,” i.e., the foundational electives in a given track, or “free electives,” which are courses outside the track. Under the tracking system, the students are guaranteed the first priority to obtain the electives classified under their chosen area of specialism, as compared to those which do not belong to that track.

Students will be required to take a minimum of 12 units of “tracked electives” from their chosen track. The remaining six units may be devoted to taking up “free electives,” and such electives need not be thematic. Also, the thesis of the student will also have to conform and be in line with the chosen track.

J.D. candidates must choose their track at the end of their sophomore year. The program is proposed to be implemented within the structure of the existing course offerings and the block system. Preenlistment of incoming junior and senior students was conducted last 1517 December 2014.

In order to increase productivity in view of the long summer break resulting from the shift in Ateneo’s academic calendar, tracked electives may be taken during the transition period from June-July 2015—before the start of the first semester in August. Students who opt to take their electives in advance will have the benefit of freeing up their regular semester of the corresponding number of electives taken.

Pioneering J.D. program The J.D. program of the ALS—the first one of such kind in the country—has contributed its boon to the legal education in the Philippines, ever since its introduction in 1991.

Evolving from the traditional Bachelor of Laws (LL.B) degree, the J.D. program requires students to take the traditional bar subjects, and 18 elective units during their junior and senior years. The elective subjects are offered to supplement the core subjects, by granting room to choose a field of law that the J.D. student is interested in— examples of which are courses ranging from International Commercial Arbitration, International Human Rights Law, European Business Law, up to electives discussing the United Nations Convention on the Law of the Sea, to name a few.

J.D. students are also required to write at least a 13,000-word thesis (excluding footnotes) on a novel and relevant legal issue. In addition, J.D. students are further required to undertake a 240-hour apprenticeship program with law firms, government agencies, or an accredited legal resource organization.

Currently, students are free to take any electives they are interested in. As long as the students complete ten units of electives during their junior year, and eight units during their senior year, in addition to other requirements, they will be eligible to obtain a J.D. degree.

Dual J.D. / LL.M. degree

implemented with the J.D. Tracking Also, the shift in the academic calendar System. Dean Candelaria believes that is advantageous for the program, as this will further the level of academic this it makes easier for the Law School standards of the ALS and will make its to partner with leading international In addition to the J.D. students more globally competitive. universities. P program, the ALS also offers the Master of Laws (LL.M.) program Fueled by volunteer power, 2014 Bar to interested students, either from Operations delivers Philippine or international law continued from p. 1 schools. The LL.M. program offers ALS’ central support system for Ateneo were Labor Law and Commercial Law.” 4 general areas of specialization: (1) barristers, academic and otherwise. However, he also commended “the International Corporate and Business A marked decrease in the number of whole Ateneo Central Bar Operations was observed this year, as noted for being well-organized and for having Law, (2) International Economic Law, volunteers by the Central BarOps committee heads. accomplished their respective tasks (3) International Human Rights Law Cyndy Dela Cruz (3D), Internal Vice fluidly.” and (4) Intellectual Property Law. President of the ALS Student Council and The existing program requires co-head of Hotel Operations, said that BarOps thanks volunteers Daisy Ducepec, who headed this students to complete 36 units, in there were fewer grade incentives from year’s Hotel Operations together with professors this year, following a directive addition to six units of the LL.M. Thesis. from the Dean to promote volunteerism Dela Cruz, said that “BarOps this year The program is to be completed in one among the students. has been a breeze. There were no major year, divided into two semesters— problems, and all the minor problems we encountered were resolved instantly.” She and maybe taken on a part-time basis, Hiccups and obstacles However, Dela Cruz also said that the Bar candidates never gave with a maximum residency of five years. LL.M. candidates must write noted that since this policy was only unreasonable requests, and that the Sofitel this year, this was only management was very accommodating and defend a thesis containing at least implemented the beginning of developing a culture and easy to talk to.

25,000 words (excluding footnotes) of volunteerism in the ALS. Despite She also found the subon a novel subject of law, with extensive the dearth of volunteers, “the team still committees efficient and systematized, discussions on legal principles and managed to give the barristers the best and appreciated the “bibo” volunteers service that the Bar Operations Team can who showed up, even without incentives cases relevant to the thesis proposal. from professors. “We never really received To complement the Tracking give,” she added.

Meanwhile, JT Taylo (4A), head any complaints from our volunteers even System, a ladderized program towards of Hotel Services, expressed the need for a though we asked a lot of things from them a dual degree of J.D. and LL.M. is way to encourage students to step up and and all we had to give in return were a also proposed, dubbed as the “LL.M. volunteer even without incentives from couple of slices of pizza for dinner and Pathway.” The Graduate Legal Studies professors, perhaps by way of a program some leftover food for breakfast!”

“If there’s one thing that made Institute (GLSI), headed by Atty. formed not just by the administration, but this [year’s operations] a success, it was a also by the Student Council or the Central Amparita Sta. Maria, is developing an BarOps Team. team effort,” explained Teves. He lauded option for J.D. candidates to obtain Pendix Teves (4C), overall co- all those who were involved and were able both a J.D. and LL.M. degree at the head of the 2014 Central Bar Operations to lend a hand, especially the heads and same time, provided that the following Team, had a similar sentiment, saying that volunteers of both Academics and Hotel requirements are attained: (1) many volunteers signed up at the start of committees, the Student Council, and the professors, among them Atty. selection of a track at the end of their year, especially among the freshmen, but supervising come October, only a few showed up. A Jess Lopez, Atty. Jorge Melo, and Associate sophomore year, (2) completion of the similar situation prevailed for other year Dean for Continuing Legal Education Lily requirements under the chosen track levels.

Gruba. and (3) J.D. students must convert Other hiccups along the way all cognate and elective courses in were the unexpected traffic obstructions Changes in 2014 Bar Considered to be the country’s their track, which currently have two and rerouting around the metro, which toughest licensure examination and affected transportation from Sofitel to the credit units under the J.D. program, University of Santo Tomas (UST), where the only one not supervised by the to three credit units each, to comply the examinations were once again held Professional Regulatory Commission, with the requirements under the LL.M this year. These were mainly caused by this year’s Bar exams was the 113th the various fun runs and marathons held installment of the annual tests since it program.

The increase to three units will within the vicinity of Sofitel every Sunday was first administered in 1903. This year ushered in some key changes, including a also result to an increase in the academic morning. more comprehensive outline of the topics output required of the student availing Appreciative barristers included in the syllabus of each subject. the LL.M Pathway. The students will New security measures were Despite these, some Bar be expected, including but not limited, candidates have offered kind words for also introduced. Bar codes are now used to furnish additional papers, or longer, the BarOps. They cited the caring and to identify examination booklets, instead substantial and in-depth research accommodating volunteers and heads, of the traditional name cards. The use of an efficient system, and early completion transparent plastic bags or zip locks was work. and distribution of tips as some of the also required for storing the books and Once the student graduates positive points of this year’s operations. personal materials of the examinees at the and obtains a J.D. degree, he/she Many barristers also pointed out that the examination venue.

According to the Public is deemed to have completed one Blue Tips were, in general, helpful and semester of the LL.M. program. predictive of the questions which came up Information Office of the Supreme Court, of the 6,344 examinees officially qualified The subsequent semester can be in the examinations.

Barrister Rizza Sy, a member to take the exams, only 5,987 stayed and completed either in the Ateneo Law of the Hotel Operations Committee in finished the last day of examinations School, or a partner institution or law previous years, observed that there were for Remedial Law and Legal Ethics. school abroad. Currently, the ALS is fewer reports of problems or complaints No untoward incident was reported corresponding with universities in as to the operations this year. Even the throughout the course of the examination Japan, the United Kingdom of Great Transportation Team’s scheme of using a period.

The 2014 Bar Examinations is umbrella to lead barristers to the bus Britain and Northern Ireland, and the blue chaired by Supreme Court Associate was applauded.

United States of America. Towards this “Nothing easy about the exams. Justice Diosdado Peralta, an alumnus end, Dean Candelaria, Atty. Sta. Maria, That’s for sure!” says barrister Kristel of the UST Faculty of Civil Law. Next and Atty. Edzyl Magante have been Tiu. “But BarOps did a really good job, year’s examinations will be chaired by conducting meetings with various law especially the Hotel and Transpo teams,” Associate Justice Teresita Leonardo-de an alumna of the University of the schools abroad to increase the number she remarked. Ben Ty, another barrister, Castro, said “One thing’s for sure. The bar exam Philippines College of Law. P of the ALS partner institutions. is no joke. For me, the toughest exams Subject to the rules to be formulated, an LL.M. degree will be Kyushu visits ALS to strengthen partnership granted after the completion of the continued from p. 1 the semester to be spent either in ALS one of the Philippines’ prized cultural Ateneo’s school calendar, which is more or the partner institution abroad. The treasures. The education tour was preceded in line with international standards. Plans LL.M. pathway will treat the tracked by a lecture on the recent governmental are also underway for a double degree elective subjects during the junior and efforts to revive the historical landmark, partnership with Kyushu University. To delivered by Intramuros Administrator jumpstart the program, some ALS faculty senior years to be equivalent to one and ALS faculty member, Atty. Marco members went to Kyushu last December semester of credits under the LL.M. Luisito Sardillo. for guest professorship stints. Atty. Ray program.

All these efforts are consistent Paolo Santiago and Atty. Aris Gulapa In the near future, the LL.M. with the administration’s efforts to achieve taught a few modules on Human Rights Pathway will be simultaneously greater internationalization for the Law and Law & Development, respectively. P School. This coincides with the shift in the

NEWS

A more engaged citizenry for the environment, implore professors

By Luis Alfonso Seña

“THE FIGHT for the environment is a fight for justice.”

This statement declared by Atty. Gloria Estenzo Ramos of the University of Cebu served as the overarching theme of the forum entitled “Strengthening Democratic Participation in Environmental Governance in the Philippines,” held last 20 August 2014 at the Justicia Hall and organized by the Environmental Law Society of the Ateneo (ELSA) and the Ateneo Human Rights Center (AHRC).

As the first speaker, Atty.

Ramos emphasized the need for a more engaged citizenry in planning and implementing the policies formed by the Philippine government for the protection of the environment, especially since there are already sufficient standards provided by current laws which citizens may follow for the enforcement of their rights with respect to the environment. She added that the concept of governance is also about the people being empowered to hold institutions accountable and to participate actively in making a difference for the environment.

Environmental Law professor

Noriko Okubo of Osaka University was also invited as a speaker for the forum. Elaborating on the topic of environmental governance in Japan, Atty. Okubo explained that citizens of Japan participate in the conservation of the environment mostly through grassroots activities. She also stated that major problems in Japan in connection with environmental governance include the limited access to justice granted to citizens in administrative cases and the fact that non-governmental organizations, unlike in the Philippines, do not have legal standing.

Following the presentation of both speakers was the reaction given

by Philip Recentes (3C). He stated that there must be a paradigm shift as to the concept of environmental governance in the Philippines from being government-centered to being stakeholder-centered. He added that governance is about citizens and the government working together to solve issues currently being faced by society.

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the Lowering of the Age of Consent for Marriage to Fourteen Years of Age.” Aside from the distinction of being the Best Team, also up for grabs were awards for Best Memorial and Best Speaker.

Similar to the format of traditional moot court competitions, each freshmen class is represented by three students who argued either for the side of the Applicant or Respondent.

The representatives are required to submit their respective memorials to the opposing team prior to the actual oral arguments. On competition day itself, the three speakers, including one for rebuttal, from both teams argue the merits of their position before a panel of judges comprised of members of the academe, lawyers and incumbent judges of Regional Trial Courts.

This year’s competition saw three matches between Block 1A (Respondent) and Block 1D (Applicant), Block 1B (Respondent) and Block 1C (Applicant), Block 1E (Respondent) and Block 1F (Applicant).

In the first match, the judges found for the Respondent and gave the

Best Team prize to Block B, whose roster includes Jose Sanchez, Catherine Tang Kim Sin, and Mica Regalado. The judges also awarded Ms. Tang Kim Sin the Best Speaker. Best Memorial was awarded to the applicant Block C comprised of Sean Borja, Laine Aquino and Kevin Yuri Chan.

The second match is also for the Respondent, with Block A, comprised of Paolo Bañadera, Hilary Faye Mercado and Rafael Wright Añover, winning the Best Team award. Meanwhile, Best Speaker was awarded to Lina Maria Domingo of Block D, and her team, including Kevin Catapusan and Rad Andres, received the trophy for Best Memorial.

In the final match of the event, Block F was the sole applicant from all three matches who won the Best Team award. Its members include April Joy Guiang, Alyanna Abellar, Alyanna Ah, with Guiang receiving the Best Speaker Award. Block E won Best Memorial, whose team is comprised of Deo Marciano, Yan Vanslembrouck, Mico Pascual. P

STM hosts its first ever CHR Cup

By Joben Mariz Odulio

Forte hosts Moral Victory VII

By Mike Gerald David

THE COLLOQUIAL website Urban Dictionary defines “moral victory” as an event that occurs when a person, team, or army loses a confrontation, yet achieves some other moral gain.

This is the premise behind Moral Victory, a regular end-ofsemester project of Forte, the Ateneo Law School’s musical ensemble.

The seventh installment of the event happened last 2 October 2014 at the SaGuijo Bar, located in Barangay San Antonio, Makati City. Featuring various bands and solo performers belonging to the ALS community, Moral Victory provides an avenue wherein students are given the chance to showcase their musical prowess through performances in front of a live audience.

Through their original compositions, the band Idioms and Dispositions swept the night with some fresh brew of music that surely exhilarated the crowd. Also stepping up with their originals was Jibrewtin, which brought some smooth jazzy feel to the crowd composed mostly of ALS students and alumni. Going Merry kicked the house down with some progressive

rock songs from the local band Urbandub, while Day 27 offered a combination of classic OPM rock, ending their set with Rage Against the Machine. A whole new mix was offered by the Turbo Rats having their run with a swirl of genres and amping the crowd with their own version of Stop by the Spice Girls.

As the night went by, more ALS-based performers took command of the stage. Mateo Escueta (1B) brought the house down with his band’s original songs from their extended play (EP) released last January 2014. Juno Tecso, Laiza Verela, and Denise Sales (3A) then did their own brand of Jason Mraz and Dishwalla renditions. Stephen Duma (4D) serenaded the crown with his own rendition of Damien Rice and Ed Sheeran. Finally, REV sealed the night as they played there some latest hits from John Legend and Rude, among others.

Once more, Moral Victory brought out the different tastes of music among members of the ALS community, sustaining the maxim that indeed, music unites everyone.

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HIGH PROFILE TIE-UPS. The St. Thomas More (STM) Debate and Advocacy Society has recently tied up with the Office of the Political Adviser - Malacañan Palace and the Commission of Human Rights for two debate invitationals.

TRUE TO its mission of providing avenues for healthy intellectual discourse to its members, the St. Thomas More (STM) Debate and Advocacy Society recently organized the inaugural edition of the CHR Cup. The CHR Cup is a partnership between STM and the Commission on Human Rights (CHR), and is also the first tournament of its kind in Ateneo Law School history. The tournament is open to all Ateneo law students, as more than 30 individuals in groups of three battled it out throughout the month of August, up until the first week of September.

For the eliminations and semifinals rounds, the ten teams debated on varying human rights topics such as the right to house arrest, granting the CHR with prosecutorial powers, internet access as a human right, and right to euthanasia. The two best performing teams advanced into the final round of the tournament, which had the proposition “Let it be resolved that Vinuya v. Executive Secretary must be abandoned since it denies the right

Photo by Ram Cusipag

of the aggrieved parties to effective reparation for violations of human rights.”

Atty. Cecilia E. Jimenez, Atty.

Banuar Reuben Falcon, Atty. Mario Maderazo, Atty. Glenda Litong, and Chilean Ambassador to Manila Roberto Mayorga adjudicated the championship round, which was held last September 6, 2014 at the CHR Compound in Diliman, Quezon City.

Emerging as overall champion is Team 2B, composed of Liane Candelario, Mike Villanueva, and Pearl Simbulan, who also won the Best Speaker award for the tournament.

Placing runner-up is Team Collyseum, which counts Joachim Dompor, Alyssa Rodriguez, and Coco Navarro as its members.

The CHR Cup was created to increase awareness among law students on the importance and value of safeguarding human rights through an intellectual discourse, specifically by means of debate. P

ALS and HRVCB sign MOA on legal assistance for R.A. 10368 continued from p. 1

HRVCB. The HRVCB, in addition, conducted an orientation seminar headed by Atty. Glenda Litong and Mr. Reuel Realin. They both explained that the ALS is now considered as a designated intake office where a human rights violation victim (HRVV) or claimant may acquire a copy of an application form duly issued by the HRVCB, to be later filed at the

HRVCB main office at the University of the Philippines Institute for Small Scale Industries.

Also, per the MOA, the ALS committed itself to render paralegal aide, primarily thru the Clinical Legal Education (CLED) students and volunteers, to the HRVCB by means of assisting victim-claimants in filling out claim application forms, explaining to the latter the essential portions of

said forms, and checking the necessary documents needed for their claims to be considered.

Through RA 10368, the State recognizes the heroism and sacrifices of human rights violations victims during the regime of former President Marcos covering the period from 21 September 1972 to 25 February 1986, or the Martial Law period. The State also recognizes its moral and legal obligation to recognize and provide reparation to said victims.

The individuals qualified to apply are (1) persons who are HRVVs, as defined by the law; (2) claimants who are conclusively presumed to be HRVVs under the law; and (3) legal heir/s, or authorized representative of HRVVs who are deceased, incapacitated, or involuntarily disappeared. Furthermore, according to the law, failure to file a claim on or before 10 November 2014 is deemed a waiver of such claim. P

NEWS

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ALS holds annual Sports-fest

ALS website hacked anew

By Joben Mariz Odulio

By Joseph Giancarlo C. Agdamag FOR THE second time in a year, taken down to prevent further access LAW STUDENTS took a break from and patintero. the website of the Ateneo Law School to its contents.

This year’s sports-fest also their daily grind and traded in their (ALS) became the victim of a cyber This incident was not the first books for a day of sports with members had a “Best Muse” contest. The overall attack. time that the ALS website has been of the community as the Ateneo Law winner of the sports festival, yet to be At about noon of 8 December hacked. In 2 March 2014, the student School held its annual Sports-fest last announced by the SC as of press time, 2014, the individual accounts of the access login page of the website 3 August 2014 at the Loyola Covered is to receive a pizza party, along with student and faculty access modules had became the target of hackers opposing Courts in the Ateneo’s Loyola campus. subsidy for their batch party at the end been compromised. A website called the Cyber Crime Law. Instead of Last August 3, students of the of the year. http://pastebin.com had listed the loading the account information of The SC hopes to hold another login details of the students and faculty the students, an unsanctioned image Ateneo Law School took a break from their daily grind and traded. This year, sports festival next semester, most members, including their usernames prompts the user upon typing the the ALS athletes and sports enthusiasts likely after the midterm examinations, and passwords. More than a thousand URL of the page. The photo includes alike showcased their talents at the so as to give law students a chance to accounts were listed on the site, with the words “NO TO CYBER CRIME unwind with the rest of the community. some dating back to the early 2000s.

Loyola Covered Courts.

LAW” superimposed on a large image Students and faculty members Dela Cruz envisions the next sportsAs a security precaution, the of a handprint. alike showcased their athletic prowess fest to be bigger and better, with more ALS Student Council urged students Back then, the hackers in the whole day affair. According to activities and additional surprises. P to change their passwords. Later in already gave a warning as regards the afternoon, the website was already the vulnerability of the ALS website Cyndy Dela Cruz (3D), Internal Viceto malicious attacks. It contained a President of the Student Council (SC) message advising the site administrator and Project Head of the event, this was to “patch” it immediately. In addition, the most professor-studded sports-fest they provided information regarding in ALS history. It was graced with the their identities, mentioned several presence of Dean Sedfrey Candelaria, aliases, as well as a Facebook page Atty. Mickey Ingles, Atty. Ronald which can be used to contact them.

Chua, and Associate Dean for Student Near the bottom of the photo, a Affairs Giovanni Vallente, who played disclaimer was stated, assuring the football and volleyball, among other user that they did not read, update, nor sports. delete any of the files.

Aside from the usual sportsWhether the latest hack was fest staples like volleyball, basketball, connected to the previous incident has and football, there were also some yet to be determined. It is also unclear interesting games which pumped up if the ALS administration or the site’s the crowd’s adrenaline, such as the administrator already made steps to hotdog eating contest, tumbang preso, ROUGH & TOUGH. The annual sports fest organized by the ALS Student Council had an exciting twist this Photo by Quito Nitura improve the site’s security. P year, with the participation of faculty members led by Dead Sedfrey M. Candelaria and Associate Dean for Student Affairs Giovanni F. Vallente.

Candelaria reappointed as ALS Dean

By Joseph Giancarlo C. Agdamag

IT IS OFFICIAL. Dean Sedfrey M. Candelaria has three more years to continue the reforms he initiated in the Ateneo Law School (ALS).

Ateneo de Manila University President Fr. Jose Ramon T. Villarin S.J. has announced the reappointment of Candelaria as Dean of the Law School for a fresh three-year term, starting from June 1, 2015 up to May 31, 2018.

Candelaria was first designated as Officer-in-Charge of the ALS in October 2011, following the appointment of then Dean Cesar L. Villanueva as Chairman of the Governance Commission for GOCCs (GCG). He eventually assumed the deanship in February 2012 for an initial term of three years.

The news was coursed through an official memo from the Office of the President, dated November 18, 2014, and addressed to Dr. Antonette Palma-Angeles, the Vice President of the Ateneo Professional Schools. This was among the several actions taken

by AdMU’s Board of Trustees during its regular meeting last November 5, 2014.

The reappointment comes on the heels of a series of changes Candelaria has introduced in the ALS. These include the establishment of the Ateneo Graduate Legal Studies Institute, the enhanced LL.M. curriculum, and the impending introduction of the J.D. Tracking System.

Sought for comment, ALS Student Council President Armand Dulay (4A) expressed elation over the news. “With the reappointment of Dean Sed, he can now implement the changes that he’s been planning for ALS. I’m excited about it,” he said.

Villarin’s memo also contained the reappointment of Atty. Antonio G.M. La Viña as Dean of the Ateneo School of Government (ASoG), who will serve until May 31, 2016. Dean La Viña teaches Environmental Litigation in ALS. P

ALS tackles IP rights in the Bangsamoro Basic Law

By Teresa Krisel V. Banta

“BREAKING Free” was the theme for the special forum conducted early this year to discuss the rights of indigenous peoples (IP) in the Bangsamoro Basic Law (BBL), and it could not have been more apt.

Held last July 11, 2014 in Justitia, the forum was organized by volunteer law students from the Katutubo Desk under the Ateneo Human Rights Center (AHRC) and former AHRC interns now working for the Legal Rights and Natural Resources Center (LRNRC), a nongovernmental organization that advocates for the special protection of indigenous peoples and their rights.

In an interview with Marlon Tronqued (4D), head of the Katutubo Desk, he explained that the forum was arranged in order to provide “an avenue

for some members of the tribes in Mindanao, particularly the Erumanen ne Manuvu, to share their experiences in the Autonomous Region of Muslim Mindanao (ARMM)” and discuss the “implications of the BBL on the IP tribes who are to be directly subsumed into the Bangsamoro territory [as well as those] who live just outside its peripheries.”

According to Section 3 of the BBL Draft, the purpose of the law is to establish an independent Bangsamoro political entity and “provide for its basic structure of government,” in recognition of the aspirations and traditions of the Bangsamoro people. While its purpose may be noble, IP advocates have constantly emphasized that the greatest care and utmost regard for the rights of

the indigenous peoples must be provided before the law is finalized.

The main issue confronted in the forum revolved around how IP rights are currently being disregarded in the BBL negotiations between the Bangsamoro and the Government. The speakers — Atty. Grace Villanueva, Executive Director and OIC Director of Legal Services of the LRNRC and Timuay Alim Bandara, a Teduray tribal leader — primarily talked about the potential conflict in the treatment of IP rights for those who will be directly affected by the Bangsamoro Basic Law. The problem, according to them, lies on the possible loss of protection initially accorded by the Indigenous Peoples Rights Act of 1997 (IPRA) to the rights of the IP tribes once the same becomes part of the territories contemplated in the BBL. The right of the indigenous peoples to their ancestral domain could best typify this eventuality.

Thus, Atty. Villanueva and Timuay Alim Bandara both called for the inclusion of greater safeguards in the upcoming law, which is currently undergoing committee review in Congress.

The event was also graced by insights of notable people who served as reactors in the forum, namely: Atty.

Ray Paolo Santiago, Executive Director of the AHRC, Ateneo Law School Dean Sedfrey Candelaria, who was actively involved in the crafting of the Bangsamoro Framework Agreement, and Fr. Albert Alejo, head of the Mindanawon Initiatives for Cultural Dialogue.

Other highlights of the talk included Timuay Alim Bandara’s discussion on the historical interactions between the Lumads and Bangsamoro in Central Mindanao, as well as Fr. Alejo’s narration of the meetings conducted between members of the IP tribes and the Bangsamoro leaders to resolve the issues at hand. He also shared his personal interactions with President Aquino to discuss the law.

Together, the speakers and reactors shared the sentiment of advocating for a more flexible BBL, emphasizing the importance of constant dialogue among the parties to ensure that the rights of the indigenous peoples would not be compromised. P

Pallas nominated for CMMA Best Literary Folio

By Joseph Giancarlo C. Agdamag PALLAS, the annual arts and literary folio Antonio L. Cabangon Chua, the CMMA’s of The Palladium, emerged as a finalist at Chairman of the Board of Trustees and the recently concluded 36th Catholic President. Members of the Catholic Mass Media Awards (CMMA) held last Church hierarchy, students, writers, and 29 October 2014, at the GSIS Theater in key television and radio personalities graced the event.

Pasay City.

The CMMA was established Pallas was nominated for the category Best Literary Folio, along with in 1978 by the Archdiocese of Manila, seven other entries. Nominated was the through His Eminence Jaime L. Cardinal 2013 edition of Pallas, which had the Sin, to reward and pay tribute to media theme “Manila.” Pallas is a collection products that enhance the total human of prose, poetry, photos, and artworks development of the Filipino audience contributed by the students, faculty, and through the competent and professional use of mass media techniques. It gives alumni of the Ateneo Law School.

The nomination was the first recognition in various categories: Print, distinction of its kind for the publication. Television, Radio, Film, and Advertising.

Meanwhile, the 2014 edition of Phoenix, the literary folio of the Lyceum of the Philippines University-Batangas the folio was launched last 12 December 2012 at the Bernas Center of the Ateneo ended up taking home the trophy.

The awards night was led by His Professional Schools Building. This Eminence Luis Antonio G. Cardinal Tagle, marked the fifth installment of the folio, D.D., the current Honorary Chairman with contributions from various members of CMMA, together with Ambassador of the ALS community. P

5

5

OPINION

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E D I T O R I A L

Telltales of liability, or of impunity?

IT ALL started with an allegation of overpricing in the construction of the Makati City Hall parking building—materials and bathroom fixtures purportedly having been procured at rates staggeringly higher than their current market value. As a consequence, a complaint for plunder was filed against Vice President Jejomar Binay and his son, Makati Mayor Erwin “Junjun” Binay. From there, the Pandora’s box was opened and a plethora of other claims followed suit, the most recent one being a 350-hectare developed farm located in Rosario, Batangas allegedly owned by the Binays.

As disheartening as it may sound, imputations of corruption and wrongdoing are tales that are no longer new to Filipinos. While a few may have been successfully proved or effectively dismissed, the fact remains that a lot of these exposés become the subject of media fiasco up until the next one comes afloat; and when it does, the old one gets shelved, only to be remembered by the frail memories of men.

Illustration by KL So Chan

Some argue that this is just political mudslinging in order to derail VP Binay’s popularity as the race for the 2016 presidential election draws nearer; while others claim that this is simply a quest for truth, a heed to the call of the people—the bosses—and another step in the path of tuwid na daan.

Irrespective of any motive—personal, political or otherwise, what is important is to determine whether or not these public servants have fulfilled their mandate to the best of their abilities, in accordance with the law, and in keeping with the pulse of national development and public welfare. Thus, public officials owe it to the public institutions and the people to answer the allegations made against them, to set the record straight once and for all. As the saying goes, one has nothing to fear if he has nothing to hide.

The quest for truth and justice should not, however, be personality or partisan-based. Neither must it be limited to political color or affiliation. It must not only be pursued when it is against someone in the opposite side of the political fence and then conveniently forgotten when it affects an ally or oneself. Thus, the entire machinery of government must also be utilized or made available in uncovering the veracity of allegations—foes and allies alike.

Although strong political will is essential in initiating reforms in government, achieving true reform can be had if the mechanisms for ensuring accountability in public office transcends the current administration. It must be constantly reinforced so that it can slowly become organically embedded in the institutions of government. In this light, constant vigilance is a necessity. Everyone, both in the public and private sector, should foster a culture of hard work and integrity in their chosen industry as well as in their personal lives; they must work together in order to build a society that is better than the one we have right now, and in the event that they (fore)see any wrongdoing, to have the tenacity to put it to a halt. Hopefully, through the passage of time, these ideals that are put into practice become self-reinforcing mechanisms that could withstand volatile changes in personas and faces of power.

When this comes into fruition, then we would be able to finally claim that indeed, power resides in the people—and without a doubt, this can be one of the greatest legacies that we can impart to the succeeding generations. And hopefully, unlike our forefathers who had not lived long enough to reap the benefits of this lofty ambition, true and lasting reform ceases to be an elusive dream that is prepared for the future, but rather, one that is enjoyed in the present. P

Editorial Board Joseph Giancarlo C. Agdamag Editor in Chief Paula Elise R. Rivera Associate Editor Ivy J. Enguio Managing Editor Kim L. Rances Junior Associate Editor Alexis Ann D. Aquino News Editor Frances L. Pabilane Legal Editor Kathlyn Nadia D. Baldonado Features Editor Ana Isabel F. Castello Arts and Culture Editor James Francis SP. Villanueva Layout and Graphics Editor Mike Gerald C. David Photos Editor Raymond Aljon A. Cusipag Multi Media Editor Yul C. Araya Office and Circulations Manager Gerard Samuel B. Contreras Digital Content Manager

Staff NEWS Dyan Garcia Jei Estremadura Mariana Lopa Marie-Chelle Panganiban Gaston Perez de Tagle Glorie Pineda

Carlo Sanchez Alexandra Santos Lans Seña Marlon Tronqued Thea Vega Chelle Ventura

LEGAL

Jason Arteche Mudir Estrella

Chyannah Monzon Angelo Garcia

FEATURES

Esa Banta Erika Casas

Alyssa Nuqui Mariel Sadang

ARTS & CULTURE Steffi Sales Kevin Mizon Rache Gutierrez Yvette Perez Leslie Po

LAYOUT & GRAPHICS

Frankie Alba Robie Reyes

Zeith Samson KL So Chan

PHOTOS Lina Domingo Philip Evardone

Denise Sales Jansen Santos

MULTIMEDIA 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 thepalladiumals@gmail.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.

Louie Cruz Jaime Dimson John de Castro Chester Estrella Austin Tinimbang

MARKETING John Santos Andrew Uy

OPINION

6

#Obiter

By Joseph Giancarlo C. Agdamag A COUPLE of years ago, fresh from the laidback world of college, I decided to start a blog. At first, I didn’t know what to write about. My first few posts ranged from mundane rants, to some highfalutin sentiments (or so I thought).

In fact, my Wordpress ID was snooty at best (read: thoughtologist).

Eventually, I found my niche, and decided to concentrate on fashion blogging. What I did was to critique the new collections of brands and fashion houses, and to curate the really good ones, at least according to my tastes.

In order to satisfy the visual appetite of my readers—and also to entice new ones—I created a Lookbook account. It helped that I was really into fashion and I liked to dress up.

However, after being active in the blogging sphere for almost a year, I stopped posting updates since law school was then becoming more and more demanding. This was regrettable, since things were already beginning to take off (again, so I thought). I started to receive invites to some events and product launches, in exchange for spreading the news to my own network.

You know, the typical type of exchange deals.

Fast-forward to the present, I just laugh whenever I remember that phase in my life. Truth be told, I tried to pass off myself as some sort of a fashion blogger, not really because of my interest in fashion, nor even my passion in writing—but rather, I was trying to be relevant.

In this day and age where someone’s influence is measured by the number of likes an Instagram post has generated, or by the number of one’s Twitter followers, trying to fit in has become a lot harder. Social media has been regarded as a ticket to success, and in most instances, a key to fame and fortune.

Let’s admit it: you can’t be considered cool enough unless you have an active online presence. The more invested you are in social media, the cooler you are perceived to be. The name of the game is popularity; the rules of the game are limitless. It is a matter of being in the scene, to be seen.

Social networking has pervaded our lives so much, to the point that the distinctions between our personal and virtual spaces have become immensely blurred. Chances are, the prevailing subjects of conversations are shaped by

Seeking relevance what has been trending lately online. In fact, they might have been so grossly intertwined, to the point that you cannot distinguish anymore which one is which.

The dichotomy does not end there. This in turn creates another confusion, as to between what is real and what is imagined. Social media take us to another dimension—a world that may in fact not be grounded with reality.

Since we have control over our own accounts, we have the capacity to choose what to post online, and therefore, the capacity to dictate what we want others to see and think about us.

Naturally, what we choose to post are enhanced versions of ourselves.

Think of this as a digital marketing plan: we brainstorm some preconceived ideas of what personalities we want to project—artsy dude, privileged kid, know-it-all intellectual, carefree partygoer, wannabe hipster, or whatever—and through what we like, tweet, or share, the grand plan is executed. Our online personas are transformed into virtual résumés.

Through social media platforms, we are able to sell ourselves.

Not that this approach is entirely flawed. After all, whether we accept it or not, we resort to this in

order to seek relevance. We try our best to please others, so that we may find ourselves worthy of being accepted into the evolving notion of a person relevant to society.

Ultimately, social media is power. Once unimaginable things can now turn into great possibilities.

This is where we must hold ourselves responsible to utilize its potential for the benefit of the greater majority, and not just our self-serving whims. But I have to admit, this is easier said than done.

Hence, the real challenge is to try to live out what we project online the best way we can, without any pretensions. Admittedly, it should be the other way around—that the virtual must merely mirror what happens in real-life. However, the prevailing set-up dictates that it is more feasible to do the opposite.

And this is what I’m proposing—that whatever we decide to imbibe virtually, we should strive hard to transform it into reality. By doing so, not only do we restore the balance between what is real and what is imagined, but we also get to reach the perfect version of what we have always wanted to become. P

Skipping Spaces

A Rich Seam

By Paula Elise R. Rivera

By Ivy J. Enguio

On the road to 2015

THE COOL breeze that eases its way through the windowpane is a reminder that 2014 has reached its end; as we bid goodbye to the year that was, a promise of a brand new tomorrow lurks in the horizon.

The whole month of December has been a whirlwind of dinners, parties, brunches, trips, get-togethers and reunions of sorts. Squeezed into the full schedule are a couple of visits to malls for Christmas shopping and other last minute errands. People are a bit more convivial than usual, and the holiday season can be easily felt everywhere.

Even the final week of classes transformed students into singers/ actors/game-masters/contestants/ musicians and all around partyplanners armed with the goal of spreading merriment through the halls of the Law School—not just in the hopes of getting a recit-free period, but more importantly to show their appreciation to professors and to the community. As a result, corridors were filled with the resonating sound of Christmas songs, cheers and performances; even professors delightfully participated in the program and some classes were privileged enough to have witnessed their teachers perform.

Despite the holiday rush, it is not uncommon for people to become reminiscent of the triumphs they have achieved, and the tribulations they have had to endure in the past twelve months. But more than these, the allure of a clean slate and the beckon of molding into a better person serve as motivation for making New Year’s

resolutions. Some people opt to make a bucket list, a checklist, or just any list, whatever fancy name they might want to call it. It may be in the form of finding a new hobby, overcoming a challenge, perfecting a skill, or expending more time and energy in making an impactful contribution to society. Thus, the current year that is to unfold before us is brimming with endless possibilities waiting to be grasped, ready to ripen into fruition.

Now that Christmas has come and gone, the festive spirit still lingers and makes everyone wish it were still the holidays. The inbetween period where the tail-end of the year effortlessly meets the start of a new one is exhilarating because it is an opportune time for some introspection, where one can make sense of past actions and decisions, how these made an impact in their own or other people’s lives. The promise of a new tomorrow, on the other hand, pushes people to work harder, to make amends with the mistakes or shortcomings of the past, and to get on the road to achieving their dreams.

As we bid goodbye to 2014, we turn a new leaf and start living the days of the present. With this, may we always be reminded of the pact we made with ourselves at the start of the year—with the unfaltering tenacity of making good on our promise so we can reach our aspirations. Here’s to making each and every day count so that slowly but surely, we become the best possible version of ourselves starting today.

Here’s to welcoming the best year yet! Cheers to 2015! P

Depression awareness

DEPRESSION – a normal reaction a law student experiences after a bad recitation, a difficult exam, or a dreadful grade. Law students seemed to have mastered the art of feeling down, yet subsequently brushing it off all in one day.

This occasional feeling of sadness may be short-lived—but when it becomes persistent, prolonged, and severe, the risk of experiencing a major depression and committing suicide is likely to happen. Before, when I hear news reports about depression-induced suicides, I just treat them as the usual rundown of the day’s event—but not until our family experienced the loss of a loved one because of this condition.

It was then that I got curious about depression and its effects. When the cause of death is an accident, the pain and the grief can be alleviated by the fact that it was not the deceased’s fault; you could blame someone even to the point of suing him for his negligence. When the cause of death is murder or homicide, the fact that the accused can be held liable for the crime will mitigate the mourning of the family because in a way, justice is attainable. However, when someone kills himself due to depression, the sorrow and grief of the family deepen because there is that one question they can’t answer: WHY? The bereaved family is left hanging as to what ran in the mind of the deceased moments before he took his life.

It is difficult to accept that he took his own life. Sometimes, there is even a tendency to report a different cause of death, given that suicide is considered taboo in our predominantly Roman Catholic country.

People’s awareness on this kind of condition is limited. This may be due to the fact that it is not one of the leading causes of death as per national statistics.

Further, instances of such may be underreported because of the prevailing societal notions.

Its increasing rate, however, should serve as a warning as regards the serious effects of this mental illness.

Several forms of depressive disorders, as reported by the National Institute

Mental Health, are Major Depression and Persistent Depressive Disorder.

Major Depression is an episode in one person’s life, wherein the illness can interfere with his ability to work, sleep, study, eat, and enjoy life. Meanwhile, Persistent Depressive Disorder pertains to a depressed mood that lasts for at least two years.

Last 17 September 2013, Senator Grace Poe introduced a Senate Resolution urging the Senate Committee on Health to conduct a study in aid of legislation on the increasing incidence of suicide and depression cases in the country, with the objective of formulating a focused suicide prevention program.

The Resolution was based on Article II, Section 15 of the 1987 Philippine Constitution, which provides that “The State shall protect and promote the right to health of the people and instill health consciousness among them.”

Senator Poe pointed out the situation here in the Philippines, where many people still think that depression is not an illness and that people who are depressed feel embarrassed to seek help.

The inadequate understanding of its etiology may also be a reason for its nonacceptance, both by the person suffering from the illness and his family. The good senator also stressed out the importance of a focused suicide prevention program, as well as adopting the so-called renaissance in researches focusing on new ways to help people with suicidal tendencies and those suffering from depression.

Acceptance is the first step to cure major depression. The encouragement and support by the family and friends may help the person to understand that this is not something to be ashamed of. Like any other health problems, it can be cured by the proper medication and therapy.

Educating ourselves continuously about depression will not only be useful for our benefit, but also for people within our circle who are suffering from this illness.

Our loved one left us without any answer, but maybe in studying this increasingly prevalent condition, we will be able to find one. P

OPINION

7

Think the Opposite

Dura lex said Lex

By Kim L. Rances

By Alexis Ann V. Aquino

A culture of homogeneity MOST OF us like to believe that it is easy for us to accept diversity—that we are not racist or homophobic or in any way discriminatory. But what does that really mean?

Because many of us, despite proclaiming we have LGBT friends and love them dearly, still do not believe they deserve marriage “dahil ang pangit tingnan,” while at the same time believing that our straight friends whom we love equally deserve that right. Many of us still use the word “gay” as something derogatory and insulting. Many of us, even while enjoying Vice Ganda’s humor, stereotype gays to be that way and cannot leave the box we have put them in (e.g., slapstick parlor gay or the gay best friend). Many of us would deny Jennifer Laude the right to be referred to as a “she”. Many of us still pray and hope that our children, if we have them, will not turn out to be gay. But, we love our gay friends.

Because many of us, despite being well-traveled and well-informed, still say things like “amoy Bombay” to describe something foul-smelling.

Many of us use the N-word as if we are aware of (much less tied to) its atrocious, oppressive history. Many of us, in an effort to be knowledgeable about politics, call out the Binays’ skin color instead of focusing on their actual shortcomings.

Because many of us, while sympathetic to mental health issues, would refer to President Noynoy Aquino as a “retard” as if 100% of those with intellectual disabilities cannot be functioning members of society. Ever heard of Stephen Hawking?

Because many of us, while appreciative of culture, refer to telenovelas and many other things we do not like or do not fit our tastes as “jejemon” and for “madlang peoples” as if these things just cannot be another subset of Filipino culture. Conversely, many of us still call people insultingly as “conyo” as if having and spending hard-earned money is a bad thing.

Because many of us, while believing that women deserve equal rights, perpetuate rape culture by victimblaming, as if women’s clothing choices are the problem, or their lack of resistance. Many of us, while ogling at Jennifer Lawrence’s naked body, instead of condemning the hacker, condemn her for trusting iCloud and for taking those pictures in the first place even if they were intended for private purposes.

Among many other things.

I am not in anyway sitting on a high horse. I acknowledge that it is not easy to truly be wholly accepting, given that we are generally a homogenous society (i.e., 80% Catholic majority, interacting within your social class, almost everyone belonging in the same race, etc.). I can readily admit that I am guilty of many of these things, which is why I came to question my personal idea of accepting diversity and what it truly means.

And awareness is only the beginning, and the key. Because given globalization and the technology we have at our disposal, ignorance is inexcusable, and each of us has a responsibility to be aware, and to know, and to be more inclusive of diversity. P

Scribe’s Scribbles

By Frances Lipnica Pabilane TEN DAYS before Christmas, I conditioned myself for the inevitable—for the 24th time, I am celebrating a “loveless” Christmas.

I still remember how I jokingly instituted an organization back in college called Samahan ng Malalamig ang Pasko (SMP). I was a proud president with only one member, a friend who was a freshman when I was a senior student in the university.

Ten days before my 24th Christmas, I was preoccupied with academic requirements, work assignments, scheduled Christmas parties, and tasks for a Christmas outreach I volunteered to. My preoccupation was filled with all the worldly duties but never “romantic love.” During the times I managed to squeeze in moments for reflection, I only had one thought—what if my 24th Christmas wasn’t loveless?

Five days before Christmas, I joined the Basket of Joy 2014 project of Initiatives for Social Action (ISA).

The organization is a group of young professionals in the Philippines

geared towards social involvement and nation-building. I was recruited

by Jaypee Ortiz, a good friend and a fourth year law student, who founded the organization in 2011. We visited our Aeta brothers and sisters in Sitio Yangka, Capas, Tarlac. We brought little Christmas gifts and toys for the children. ISA also had a team of lawyers and paralegals from the Ateneo Human Rights Center (AHRC) and Legal Network for Truthful Elections (LENTE) who talked about ancestral domain and voter’s education.

The community welcomed us with unfailing hospitality. The tatays helped us carry about 950 kgs of goods to Sitio Yangka. The children even offered to help us with our personal bags during the hike. The children prepared an entertaining dance number with their native musical instrument. Each volunteer was given a necklace made of corn-like beads.

Sitio Yangka prepared a bounteous lunch of cassava, banana, suman and fresh buko.

I was assigned to be the

Never forget “To know nothing of what hap- destroyed and ripped apart, how our pened before you were born, country was raped and robbed by our is to forever remain a child.” own leaders.

- Cicero Although the majority of the students in the Ateneo Law School ELECTION talks are abuzz. Possible were not yet born during the Marcos candidates have been making waves in regime, they surely have been told the the news, bent on etching their names stories about the period at home or in on the people’s minds. A particular school. family name stands out and is the Knowledge of such stories topic of many heated debates online: notwithstanding, it is admittedly Marcos. difficult to empathize without having There are many people a first-hand experience, or without convinced that the Philippines was talking to someone who suffered and would be better off under the multiple human rights violations. control of the Marcoses. Naturally, This year, the Ateneo Law School this is a controversial and sensitive community is encouraged to volunteer issue, which deserves to be discussed for the Human Rights Violations further.

Claims Board (HRVCB).

23 September 2014 marked The student-volunteers are the 42nd anniversary of President tasked to interview and help the Marcos’ declaration of Martial Law. claimants file their applications.

The victims of human rights violations Through this voluntary work, the during the Martial Law period spoke students are given the opportunity to up about their experiences, and come face-to-face with the victims and urged the public to “Never Forget”. see how much our knowledge of the We, Filipinos, have the tendency to law can actually help others. We have disregard the past so quickly, and the a chance to go beyond our books and recent clamor for the resurrection jurisprudence and make a difference. of the Marcos regime solidifies this More importantly, by hearing their propensity. With that, our study of stories, we remember our country’s the past seems nothing more than an history. academic discourse. There is a danger We may not have experienced that our past may also become our the past, but we cannot ignore it. The future. country’s history forms part of our However, it must be pointed past, present, and future. It is up to us, out that history does not repeat itself. the next generation, to remember the Rather, it is the people who echo past horrors our countrymen have gone mistakes. This could be avoided if we through in order for us to avoid the remember—remember how millions same from happening again. of our countrymen were tortured Never forget. P and killed, how many families were

Loveless Christmas daughter of Tatay Junior’s family, with Cza, a fellow volunteer. His wife is Nanay Nena and they have five children: Romalyn, Lans, Pingay, Jeehan, and Jessica. Our conversations revealed that the names of the children were suggested by previous volunteers who stayed with them for an immersion. I felt a bit pressured to be an excellent and loving volunteer then, if volunteers had that influence of suggesting names to their children.

We were called “‘Nak” by Tatay and Nanay. They fed us well with home-cooked meals. Tatay invited us to visit the place where they plant crops. We harvested vegetables that Nanay cooked for dinner. My sojourn in Sitio Yangka made me feel one thing–loved. My experience with ISA was an avenue to love and be loved.

I was glad to realize five days before Christmas that I’m not celebrating it loveless. I never celebrated it loveless all this time.

Five days before Christmas, I stopped calling my Christmas loveless (just because I didn’t have it the romantic

way). There are various manifestations of love whether as the giver or the receiver. The volunteers showed love by offering themselves to Sitio Yangka.

The Aeta families loved us even if were just visitors there for a short while.

Jaypee showed his impeccable love for Sitio Yangka and ISA volunteers. I felt loved by my newfound friends from ISA. I was inspired to be more loving by dedicating my God-given talents to things worth doing, with people worth being with.

Five days after Christmas, I no longer blame my night classes which prevented me from completing the nine nights of Simbanggabi for my Christmas wish—love. Five days after Christmas, my experience in Sitio Yangka enriched my heart with a more genuine definition of love—love that is directed towards the others, one that transcends romantic love. Though I do not discount the power of such love, I probably will have to complete the next year’s Misa de Gallo for that! P

OPINION

8

IUDICIUM

By Kaye Baldonado RECENTLY, two news incidents have made me very hopeful.

The first one is the surprise raid conducted by Department of Justice Secretary Leila de Lima in the New Bilibid Prison. The raid led to the discovery of the illicit activities and illegal dens of high profile drug lords in the prison. Various appliances, electronics, prohibited drugs, sex toys, and huge sums of money were confiscated—items that are supposedly prohibited to be possessed by prisoners.

The bust exposed the reality of a handful of prisoners living the high life inside their spacious dens while thousands of detainees are crammed in small crowded places. It opened the discussion regarding the widespread corruption in our country’s correctional facilities, which compromised the living conditions of the inmates and derogated the concept of attaining equal justice.

The second incident is the call

for investigation of the operations of local airline company Cebu Pacific in view of the massive flight cancellations that took place during the holidays.

The airline company earned the ire of the public as many passengers missed their celebrations with their loved ones because of the unprecedented flight delays and cancellations. The investigation is to ascertain whether or not Cebu Pacific could be held liable for the massive inconvenience caused to its customers. The public’s reception to the call for investigation has been positive, given the exasperating practice of overbooking and cancelling flights that the budget carrier is known for.

The two incidents, while miles apart on the content of their subject matter, have one important thread in common: both are breaks from reality, opening doors of changes from the current status quo. Prior to the raid, the irregularities happening in the New

A Wilderness of Sweets

By Abby F. Castelo THE OTHER day, the priest gave a sermon and started yet another tirade on the state of today’s youth. What irked me most, however, was how he spoke about girls: that they must take care of themselves, that they have the responsibility to text or call where they are at night, that the ‘dalagitas’ and ‘dalagas’ are always the ones that the parents worry about the most. Wellintentioned as he may have been, my sister and I still gave each other a look – okay, but what about the boys? What about them?

This is probably the root (or one of the roots) of the primary problems women have been facing since time immemorial. What many in our society consider as acceptable practice may just be benevolent sexism. It certainly is the responsibility of parents to warn daughters about the dangers of the outside world, but why is that world so

scary in the first place? Why must we have to cower in fear, afraid of wandering hands and unwanted cat-calls? Why must we be told that we should laugh a little less loudly, that we should cover up a bit more and wear less or wear more makeup?

The answer is simple, really: because your boys did not know any better. Teach your sons, and there would be no need to be so afraid. Maybe then, things would change.

The problem with our society is that it still clings to an old-fashioned sense of gender. Nowadays, at least in many more progressive parts of the world, it is an accepted idea that gender roles are a social construct. But here, there are many parents who still teach their kids the same old thing, i.e., it is perfectly fine for their sons to do whatever they want, but their daughters cannot. They feel compelled to protect their girls from the

SBC-Mendiola prevails in STM-Malacañang

By Luis Alfonso Seña WITH THE historic Kalayaan Hall in liability and extraordinary diligence. On Malacañang Palace serving as backdrop, the other hand, SBC-Mendiola argued San Beda College-Mendiola defeated that better regulation by the government rival San Beda College-Alabang in the of these companies in the same way as championship round of the Freshmen- public utility vehicles would lessen safety Sophomore Political Law Debate risks of the passengers, drivers, and the Invitational organized by the St. Thomas streets in general.

More (STM) Debate and Advocacy The final round was adjudicated Society, in partnership with the Office of by a panel of officials from the Office of the Political Adviser of the Office of the the President. Atty. Michael G. Aguinaldo, President. the Deputy Executive Secretary for Legal The trio from Mendiola argued Affairs, served as the chief adjudicator of on the negative side of the motion, that the match.

“Uber and other similar apps should not Teams from Adamson, Ateneo, be treated the same way as public utility FEU, La Salle, San Beda-Alabang, San vehicles.”

Beda-Mendiola, UE, Lyceum and San Comprising the champion team Sebastian-Recoletos competed in the are Karlo Antonio, Charles De Belen, and tournament, with Ateneo Law School Victor Baguilat Jr., who was also declared fielding in two teams. Both San Beda teams as the Best Speaker of the championship had to go through four elimination rounds round. and a semi-final round before reaching the The final round of the tournament championship round. was the first inter-law school debate to ever Albert Alde (1F) from team happen inside the Malacañang grounds. It Ateneo-B was hailed as the Best Overall was also the first time that the Office of Speaker of the tournament’s Preliminary the President partnered with a student Rounds, while John Michael Villanueva organization to conduct an academic (2B) emerged as the Fifth Best Speaker. debate.

The success of the Freshmen-Sophomore The team from SBC-Alabang, Political Law Debate Invitational comes comprised of Sachiko Nomano, Rio on the heels of the Commission on Human Mendoza and Apple Carvajal, fortified Rights (CHR) Cup, a debate competition its position by presenting arguments also organized by STM in tandem with a founded on the concepts of vicarious government agency. P

A break from reality Bilibid Prison is already an open secret.

Similarly, Cebu Pacific has a notorious reputation when it comes to timeliness of flights and honoring flight bookings.

Before the occurrence of the raid and the call for investigation, both the New Bilibid Prison and Cebu Pacific enjoy being unquestioned for its (mal) practices and activities, with the people taking into stride what is currently happening. “Eh sa ganoon talaga ang sistema.”

Before these turn of events, there is a sense of fear and frustration in me because of the seeming complacency and resignation of the public in some of the procedures and activities occuring in the country. Let me give two more examples. A desire to evade red tape and a complete disregard of procedure are still the norm in different agencies due to the slow flow in bureaucratic processes.

Moreover, there seems to be no concrete plan of decongesting the roads to lessen

the aggravating traffic conditions in the metro, with the MMDA contented in merely issuing apologies and warnings.

Sure, people rant and complain about it; but in the end, citizens become resigned to the current reality. They just learn to adjust and cope with the situation.

It is appalling to think that this is the status quo that we are experiencing, a status quo that condones corruption, irregularity, and inaccuracy. I refuse to succumb and settle with this kind of reality.

I think that the two incidents could not have been timelier, as the discourse for these came at the end of the year and on the verge of the upcoming New Year. May these two incidents serve as guides on treating the New Year as opportunities for more breaks from this problematic reality—and pave the way for something better—because definitely and undeniably, we deserve more. P

Teach your sons big, bad world, but their boys can live and let live. They grow up with a sense of entitlement, that the world is theirs to conquer. They may or may not realize that society in general has been built and arranged to their advantage.

Of course, boys and men experience sexism as well. They are expected to fulfill certain roles that, when they are unable to achieve, are made to feel weak. But that is the difficulty—the prevalent mindset is that masculinity is the equivalent of strength and success, while femininity is unfortunately synonymous to being too gentle and too delicate for such a rough world. It does not take into account that gender is fluid, that blue is not necessarily for boys and pink is not automatically for girls.

Maybe parents should teach their boys that the world holds many promises, but it is not theirs alone.

Perhaps they should teach their sons that

grace and humility go a long way, that it is all right to fail, that it does not make them any less of a person. They should teach their boys that girls and women are just like them, that they can do whatever they can do and that is perfectly fine as well. They should teach them to treat everyone with respect, regardless of physical or other differences, and that no matter what, no girl or woman is ‘asking for it,’ that it is not all right to pull her pigtails or call her names or treat her like a prize to be won. They should teach their sons not to “Man up” or “Be a man!” but to be strong, just as they should tell their daughters— and that it is also okay if they are not always so strong, if sometimes, it is too much for them to bear.

The world as it is now was made for their boys, but they have the power to change it. We girls and women can only do so much—we need them to help make it a better place for all of us. P

TCRL hosts essay writing competition

By Thea Elyssa Vega ON 12 OCTOBER 2014, the Teehankee Nograles discussed the legal Center for the Rule of Law (TCRL) hosted evolution of the PSNR, which started its 2nd Annual Essay Writing Competition from the decolonization period after Awarding Ceremony. This year’s theme World War II, leading to the international involved the The ASEAN R2P Challenge human rights regime, economic self: Permanent Sovereignty Over Natural determination, and the prevailing trend to Resources “PSNR”. emphasize on State duties. He argued that The first prize winner is Atty. the primary obligation lies with the State, Fidel Nograles, who graduated from the however the subsidiary obligation lies Ateneo Law School (ALS) in 2012. The with the international community. Thus, second placer is James Gregory Villasis he called for solidarity among States, so and the third placer is Romulo R. Ubay, Jr. that there could be multilateral platforms Villasis and Ubay are both students of the to improve ASEAN-China negotiations.

Polytechnic University of the Philippines Leaders from several ALSSchool of Law. based organizations also graced the Atty. Nograles presented his paper event. Haddison Tandoc (4C) from the in the presence of Dean Candelaria, Dean Environmental Law Society of the Ateneo Gemo Lito Festin (PUP School of Law), (ELSA), Miguel Dimayacyac (2D) from and Ambassador Manuel Teehankee. He Ateneo Center for International Economic started his discussion by describing the Law (ACIEL), and Carlo Sanchez (4C) status quo in the ASEAN, where there is from Ateneo Society for International non-interference with regard to the South Law (ASIL) shared their opinions with China Dispute. He noted the presence of Atty. Nograles regarding the implications regional disunity arising from different of the PSNR on the different aspects of foreign policies on natural resources. international law.

The concept of PSNR originally In order to sustain interst on this revolves around a set of State rights, emerging concept of international law, including that of protecting one’s Ambassador Teehankee then remarked domain. However, Nograles’ paper tries that the TCRL will hold a series of round to suggest a paradigm shift from State table discussions and seminars during the rights to State duties. As a duty, PSNR second semester to further discuss the has complementary nature to respect and PSNR. P protect such resources, he opined.

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LEGAL

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A question of integrity, or a test of loyalty?

in the list of nominees on the ground that the same Council violated its own Rules, particularly depriving him due process in cross-examining his oppositors, thereby committing grave abuse of discretion amounting to lack or excess of jurisdiction. He claimed that Sereno acted as a prosecutor and a judge at the same time, since she was the one who raised the issue of his integrity before the Council, without even substantiating the opposition in a sworn written statement.

He further claimed that the Rules of the Council gives unbridled power to its members to block off a very much qualified applicant from his chance to be appointed through mere

to due process, therefore ineffectual.

Thus, Jardeleza left the Office of the Solicitor General welcoming the rest of his life as a magistrate of the highest court of the land. Once again, the “last bulwark of democracy” grabbed the opportunity to expand its powers and pose refutable rulings.

anonymous claim of a challenge in integrity, and therefore automatically changing the voting requirements.

He also argued that if the ground was based on his deviance from other legal experts on the contents of the State’s Memorial to the ITLOS, the same should be directed at his competence rather than his integrity, since the latter is limited to ethical issues.

The Court, in an attempt to balance the interests of the opposing parties, came up with an obscure ruling that denied its possession of power to compel the Council to include him on the list, but in effect produced the desired results of Jardeleza to make him the 173rd Supreme Court Justice of the Republic. In his 35-page ponencia (Jardeleza v. Sereno, G.R. No. 213181, August 19, 2014), Associate The legal debacle Justice Jose Mendoza discussed Questioning the actions of the that the Council functions as an The Judicial and Bar Council (“Council”), functioning as the Sereno-led JBC, SolGen Jardeleza filed independent nominating body which “Human Resource Department” of a Petition before the Supreme Court performs discretionary duties rather to compel the Council to include him than ministerial, therefore making the remedy of a writ of mandamus unavailable to Jardeleza. However, he posited that the High Court’s ‘expanded’ judicial power allows it to determine, as it has so determined, whether the Council has indeed committed grave abuse of discretion.

In what seems to be an attempt to favor the Palace, yet to avoid displeasing the Chief Magistrate, Justice Mendoza ruled that the Council should nonetheless include Jardeleza on the list, because its exclusion of Jardeleza’s name from the list was © facebook.com/presidentnoy done in violation of the latter’s right

an applicant’s right to be nominated?

Are the members of the Council, led by no less than the Chief Justice of the Supreme Court, unduly acting as prosecutors and judges at the same time? These and many other questions sprout from the Court’s decision short of being a battle of politics than of legal principles.

It does not take a lawyer to say that the legal exercise was one filled with unnecessary politics. The question is, who are the interested parties in this case? Chief Justice Sereno has always been attributed to the PNoy team for being his appointee, but isn’t Jardeleza part of the same team? And the fact that he was later appointed by PNoy himself means that he’s on PNoy’s side. So why the battle?

One can only wonder how the true face of Malacañang politics looks like. Jardeleza has been criticized both positively and negatively in the performance of his duties as the State’s primary lawyer, with respect to various issues like the AntiCybercrime Act, the Reproductive Health Act, and even the controversial Disbursement Acceleration Program of the Administration. Was Sereno’s intervention a mere reminder for Jardeleza to remain loyal to the Administration’s cause, or is it a challenge for him to prove his moral character by sticking to his “client’s” position at all costs? In any case, a scholar of the law should have an independent mind and critical objectivity in judging the “judges” of the High Court. P

By Earvin James Atienza

THE UTOPIAN idea of an incorruptible government popularly campaigned by the Aquino Administration as “Daang Matuwid” has always been put to the test by conflicting interests, guised under a mask of temporary alliance and worn by a myriad of ambitious politicians.

Even before the Aquino Administration was put to the pedestal, the faction between “Team NoyBi” and “Team NoyMar” had already divided the supporters of then Sen. Benigno S. Aquino III. And, as the years of his Presidency went by, more and more signs of divisiveness caught the public eye in various branches of government, where his political alliance was deemed to be present; from the “Balay” and “Samar” factions of his advisers in the Executive, to the display of sparse litigation technique during the Corona Impeachment by his cronies in the Legislative. It is therefore unsurprising that his allies in the Judiciary would suffer the same fate, as in the case of the JBC’s nomination of former Solicitor General Francis H. Jardeleza to the position of Supreme Court Associate Justice.

The vacancy left by the retirement of Senior Associate Justice Roberto A. Abad led fifteen aspirants to hope for one of the highest and most powerful positions in government.

With eight Court of Appeals justices, two Sandiganbayan justices, two Commission on Audit commissioners, one incumbent trial court judge, one law school dean, and one Solicitor General, the bid for the next member of the High Court’s bench became a colorful race; one that would lead to a redefinition of constitutional principles that were previously left to the sole discretion of its executors.

the Judiciary, came up with a final list of nominees composed of two CA justices, a COA Chairperson, and an incumbent trial judge for final appointment of the President to the sought-after seat in the Bench in the afternoon of June 30, 2014. However, SC Spokesperson Atty. Theodore Te was able to disclose to the media that another applicant qualified, having met the required number of votes, but was stricken-out of the final list by reason of Rule 10, Section 2 of the JBC Rules of Procedure. Said Rule essentially required a unanimous vote from all Council members before an applicant with a questionable integrity may be nominated.

Reports later showed that it was Aquino-appointee Chief Justice Ma. Lourdes Sereno who raised the issue of Jardeleza’s lack of integrity before the Council due to the latter’s exclusion of an important argument in the government’s draft Memorial to be submitted before the International Tribunal on the Law of the Sea (ITLOS) concerning the State’s claim on the West Philippine Sea/South China Sea. Such allegation was further substantiated when Senior Associate Justice Antonio Carpio participated as a resource witness during the hearing conducted by the Council for such purpose, to which Jardeleza declined to give a comment until resolution of his request for the oppositors to put their claims in a written sworn statement, the same being a matter of due process enunciated in Rule 4, Section 3 of the JBC Rules. The Council, however, failed to afford him such opportunity claiming the same to be subject to its sole discretion, thus proceeding with the voting process. The three-time applicant to the High Court was then excluded from the controversial list.

Integrity and loyalty Certain issues then arise from the ponencia notwithstanding its four separate opinions: What is the nature of “due process” in the Council’s proceedings? Are the Council’s rules subject to judicial scrutiny despite being a purely recommendatory body?

Does garnering enough votes make it

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LEGAL

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#MRTChallenge and #BusChallenge: Do we really have to take it everyday?

By Chynah Monzon

A REGULAR Filipino commuter wakes up between 4 to 5 AM everyday in order to avoid the early morning rush going to the school or office. The darker outside it is, the better. Unfortunately, all commuters now troop to the MRT and bus terminals at the same time during these ungodly hours, hence, defeating the purpose of waking up early.

During the rush hour, the sight of people jostling each other is not an abnormal sight. And the scariest things that can happen while commuting these days? The train stalling in the middle of EDSA, or the bus being held up by hooligans taking advantage of the heavy traffic.

The reality of public transport in the Philippines Everyday, over 33,000 (National Statistical Coordination Board [NCSB], 2012) buses travel nationwide to service a lot of commuters. Of these, 7,000 traverse Metro Manila alone. In fact, they largely occupy the twelve lanes of EDSA. There are lanes designated especially for them, but for some reason, bus drivers do not respect this; hence the congestion and the vehicular accidents.

As most motorists say, these bus drivers are the “Kings of the Road”.

It cannot be denied, however, that these buses offer the convenience that other modes of public transportation do not.

Buses are still preferred than most modes of public transportation because of the comfort and convenience factor (read: cushioned seats, air-conditioning, and televisions) even if the trip takes longer.

On the other hand, the MRT-3 does not occupy EDSA, although riding in one is more of a challenge than riding in a bus. One gets to be sandwiched, sardined and crushed inside—but most people do not mind if they can get to their destination right away. According to the Travel Time and Fare Guide of the Metro Rail Transit, the route from North Avenue and Taft Avenue roughly takes only 30 minutes compared to more than an hour spent inside a bus—sometimes two, if traffic is really bad.

Currently, the MRT-3 has 73

LRT

not in a hurry to go to their offices.

When news of the proposal broke out on social media, netizens did not lose time to react and to comment.

Some were receptive of the idea, however, with some apprehensions. In an article

cars, up to 60 of which operate everyday.

Each train can seat 80 passengers and carry up to 394 commuters. All the trains can carry 23,000 passengers per hour per direction daily. However, it has already breached its maximum capacity, with the NCSB reporting that a whopping 174.5 million passengers took the MRT in 2013 alone.

On top of the daily heavy traffic caused by copious buses, jeepneys and private vehicles on the road, accidents abound. The year 2014 saw several bus accidents claiming the lives of innocent people only wanting to get to their destination. In 2011, the MMDA reported a total of 6,940 bus accidents during that year. According to the data, most accidents happen during noontime and the morning rush.

Is banning private vehicles the solution?

In the years 2011–2013, an aggregate of seven million motor vehicles were registered in the Land Transportation Office (LTO). During the same years, over 4 million Filipinos were issued driving licenses and permits (LTO, Statistics Section, 2013). More and more people wanted to learn how to drive before or after buying their own private vehicles. In the Philippines, owning a private vehicle is such a status symbol that ultimately, this resulted to roads getting more congested than it can actually take.

Recently, the Land Transportation Franchising and Regulatory Board (LTFRB) proposed a new traffic scheme for EDSA, giving priority to public utility vehicles (PUVs) during the morning rush hours on weekdays. As proposed, from 6 AM to 9 AM, four days a week, private vehicles will not be allowed on EDSA. The rationale of the propsosed scheme is that private vehicles can find other roads compared to PUVs, which can only navigate approved routes. LTFRB Board Member Ariel Inton, who proposed the scheme, had in mind an EDSA that is a “big restroom” where everyone is accommodated. Early birds like students, teachers, and employees go first, followed by middle managers, and those occupying top positions who are

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posted on the Philippine Star’s website, one netizen remarked: “This is very simple and long lasting solution… Those who have cars but don’t have their own parking space should never be allowed to use EDSA on weekdays. NCR’s space is getting tiny but the cars grow in volume

per day. People were buying cars but the road space remains the same. Hassle sa gabi nasa kalye lang pumarada. Time to discipline the Filipinos.”

However, majority thought that the scheme is an unwise and preposterous stupid idea: “[LTFRB Board Member] Inton, as a private vehicle owner, I pay my share of the road user’s tax. Why will you inconvenience us who follow the rules, and instead favor bus drivers who defy the rules at any time of day (and most specially at night)?”

Another netizen said: “I have a better solution Mr. Inton. First solution, change all board members of LTFRB. Second solution, the new board members must remove all colorum buses along EDSA which the old Board cannot do. Third, apprehend and penalize traffic violators, most especially the drivers of the buses owned by the generals and other high ranking military officers.”

As expected, the MMDA immediately rejected the proposal. Chairman Francis Tolentino was quoted saying that “until an efficient mass transport system is implemented on EDSA, the private motorists cannot be swayed from using their vehicles.” Further studies should be implemented before a scheme like Inton’s can be accommodated. He also stated that there are more private vehicles than buses plying EDSA and if private vehicles were to be banned at a certain time, the buses may not be able to accommodate the volume of people prevented from using their private vehicles.

Accidents despite the existence of many laws Under Executive Order No. 202, the LTFRB has the supervision and control over all land-based public transportation. It issues certificates of public convenience, investigates and decides related incidents, and conducts hearings and imposes. Likewise, it promulgates rules and regulations, imposes requirements to promote safety, protection, comfort and convenience to persons and property (Sec. 5, E.O. No. 202).

It has always been said that public land transportation is imbued with public interest. Therefore, it is one of the duties of PUV operators to provide safe and dependable services through strict implementation of policies, programs and projects (Memorandum Circular No. 2011-004). In relation to this, utmost care for the safety of passengers should be exercised, avoiding endangering of their lives at all costs. PUV operators also have the obligation to exercise diligence in the selection and supervision of their drivers, conductors, agents and inspectors. They should be courteous, of good moral character and with no conviction of any crime.

Operators who act in violation of existing memorandum circulars will be penalized by suspension of operations or fines. Likewise, existing jurisprudence [see e.g., Jardin vs. NLRC, G.R. No. 119268, February 23, 2000; NLRC, vs. Dinglasan, 98 Phil. 649, 652 (1996); Magboo vs. Bernardo, 7 SCRA 952, 954 (1963); Lantaco, Sr., vs. Llamas, 108 SCRA 502, 514 (1981); Doce vs. Workmen’s Compensation Commission, 104 Phil. 946, 948 (1958); Citizens’ League of Freeworkers vs. Abbas, 18 SCRA 71, 73 (1966); Martinez vs. NLRC, 272 SCRA 793, 800 (1997)] states that under the theory of respondeat superior, the PUV operators shall be responsible for violations of the drivers and other employees that they hire.

However, despite numerous circulars reminding operators and drivers to exercise a certain degree of care and diligence in transporting of passengers, accidents still happen. Take for example the case of the Don Mariano Transit that

killed 21 people when one of its buses crashed along the Skyway in December 2013. The bus had been speeding on a rain-slick highway when it struck the railing and fell four stories to the road below.

The bus was found to have bald, wornout tires. The Court of Appeals upheld the cancellation of Don Mariano Transit’s certificate of public convenience.

Months before, another bus met a fatal accident when it fell down a ravine in the Mountain Province. GV Florida Bus was found lacking the proper permit to operate and was using fake licenses.

Despite this, the Court of Appeals revoked the suspension of their licenses saying that the LTFRB committed grave abuse of decision in suspending GV Florida’s bus units.

These bus companies often challenge the suspension and cancellation orders on the ground that many of their employees will be left unemployed. But a dilemma may be interposed: which is heavier, the bus employees’ rights or the lost lives of thousands of pasengers? The question remains unresolved, and the answer essentially depends on the circumstances of each case.

The PH Gov’t amidst the entire public transport hullabaloo In view of all the accidents and non-compliance with existing public transportation rules and regulations, the government and its agencies seem to think that the solution lies in coming up with more legislation.

After the GV Florida bus incident, Senator Grace Poe submitted Senate Resolution No. 512 “urging the Senate to review, in aid of legislation, existing State policies in providing safety of common carriers, with the objective of recommending a more efficient and effective regulatory system, a sufficient safety policy and a speedy claim procedure to further protect the commuting public.”

According to Sen. Poe, preventive measures are needed, considering that since 2008, road crashes were found to be the leading cause of death in the Philippines.

Following suit, the National Center for Commuter Safety and Protection (NCCSP) said they will submit a draft of the Magna Carta asserting the right to safe and efficient travel to pressure the government to establish an effective regulatory system for public transportation and implement safe policies to prevent road crashes that claim lives of passengers.

Pending approval and implementation of the Senate resolution and the proposed Magna Carta, commuters will have to content themselves with the present situation and to strategize their daily commute. However, the heavy traffic will probably not let up. Improvements in the public transport system in the Philippines are said to be underway, so there is still hope for all the commuters out there.

Recent public-private partnerships that were bid out to interested investors include several expressways and mass transportation projects. However, these will take years before they become operational. Further, the procurement orders for new MRT carriages would nut be delivered until the latter part of 2015.

Until then, as columnist Michael Tan rightly said, “public transport remains a bangungot, a nightmare” (Moving People, Phil. Daily Inquirer, January 29, 2013). P

LEGAL

11

A soaring eyesore: Torre de Manila’s construction threatens Rizal Park’s skyline

By Buen Marquez and Angelo Garcia TORRE de Manila, DMCI Home’s latest one-tower condominium development located in Manila City, is under heavy criticism for defacing the view of the Rizal Monument in Luneta Park. The 49-storey building, located along Taft Avenue, Manila City is set to rise high behind the statue honoring the country’s national hero, Dr. Jose Rizal.

Due to the height of the building, it easily dwarfs the memorial and exerts its dominance over the sightline of the park. While still undergoing construction, Torre de Manila is clearly visible behind the monument, and can easily steal the attention of a visitor away from the monument which, up until the construction, had uncontested control over the sightline.

Citizens and netizens react

In an attempt to preserve the beauty of the park for the purpose of cultural heritage, about 10,354 signatures have been gathered in an online petition opposing the construction of the condominium, by seeking the suspension of its building permit. Netizens have also started tagging pictures of themselves showing how Torre de Manila occupies the view behind Rizal with #selfiechallenge, following the #MRTchallenge, which received significant attention in social media. Also, a petition has been filed in the Supreme Court seeking the demolition of the said condominium project on the grounds that it has violated several zoning provisions laid down by the National Historical Commission of the Philippines.

On legalities and preservation of culture The issue is also legal in as much as it is cultural. A question that may be asked is whether or not the state can intervene and suspend the construction and even demolish the building. What powers does the State have in this issue despite the fact that Torre de Manila does not obstruct the building, but merely occupies the sightline, which if viewed from a certain angle, would remove the condominium from sight completely?

The 1987 Constitution of the Philippines, under Article 14, contains provisions which protect the country’s cultural heritage. Section 15 provides that “The state shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.”

Section 16 also provides that “All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the state which may regulate its disposition.”

However, despite the existence of these provisions, no legal remedy is available to provide offended and concerned citizens relief should they feel and prove that their right to the preservation of the culture and history of the country is unfairly compromised. The Order of the Knights of Rizal, upon filing their

petition for the demolition of the tower, claimed that this could be a historical first where the court could grant a Writ of Pamana (heritage) or a Writ of Kasaysayan (history). The Supreme Court, however, has opted to delay ruling on the matter and instead sought for a comment from the developer DMCI before it renders its decision.

While citizens do not have the capacity to invoke the Constitution or have access to a legal remedy akin to the Writ of Kalikasan for the purpose of preserving cultural and historical monuments and works of art, the State by exercising its police power, still has the power to demolish the project on the ground of public interest and safety.

In the leading case of Churchill vs. Rafferty, Act No. 2339 authorized the then Collector of Internal Revenue to remove after due investigation, any billboard exposed to the public view if it decides that it is offensive to the sight or is otherwise a nuisance. Things offensive to the senses, such as sight, smell or hearing, may be suppressed by the State especially those situated in thickly populated districts. What the case imparts is that aesthetics may be regulated by the police power of the state, as long as it is justified by public interest and safety.

There can be no doubt that the situation surrounding the controversy of the tower fits the circumstances provided for in Churchill. The preservation of our cultural heritage is enough to embody public interest in this issue. The State then, has the power to order the suspension of Torre de Manila’s construction, or perhaps even order its demolition upon finding sufficient grounds that DMCI has violated certain zoning regulations which results in disturbing the once clear skyline of the Rizal Park.

In relation to this, Section 20 of R.A. No. 10066 or “An Act Providing for the Protection and Conservation of the National Cultural Heritage, Strengthening the National Commission for Culture and the Arts and Its Affiliated Cultural Agencies and for Other Purposes” also provides that immovable national cultural treasures shall not be rebuilt, defaced or otherwise changed in a manner which would destroy the property’s dignity and authenticity, except to save such property from destruction due to natural causes.

However, NHCP, despite having the power and authority to preserve the sightline of the monument, has decided to approve the construction of the building despite having first expressed its opposition towards it. If so, can the Court order Violation of laws and zoning the NHCP to decide otherwise? ordinance Cultural heritage versus modern But has DMCI actually sensibilities violated any zoning regulation that would justify State action? Ordinance The controversy surrounding No. 8119 of Manila City, otherwise the construction of Torre de Manila known as “An Ordinance Adopting raises two alarming issues. The first is the Manila Comprehensive Land the lack of consideration from DMCI Use Plan and Zoning Regulations by constructing a high rise building of 2006,” provides under its Section which would adversely affect an 12, “Use regulations in High Density important national shrine, and the Residential/Mixed Use Zones,” second is the wanton disregard of that residential use buildings must zoning regulations intended to protect conform to the land use intensity not only the beauty and significance control ratings, the maximum floor of such a monument, but also the area ratio of which must not exceed a residents of a certain area. floor area ratio of 4. According to the On the first issue, the lack building plan submitted by DMCI, of consideration and respect over the Torre de Manila has a floor area national works of art which honor ratio of 7.4, thus clearly exceeding the national heroes who have directly maximum floor area ratio laid down by contributed in shaping the nation’s the Ordinance by 3.4 units. historical development is reflective of Furthermore, Section 25 of the how modern sensibilities have been National Cultural Heritage Act of 2009 dulled to the point that protecting has provided the National Historical important shrines are no longer Commission of the Philippines of importance if it can give way to (NHCP) the power to issue a Cease economic benefits. A keen observation and Desist Order (CDO) when the of the area surrounding the Rizal Park physical integrity of the national would show that no one has actually cultural treasures or important cultural dared to erect a building as high as properties are found to be in danger of the Torre de Manila and steal the destruction or significant alteration focus of the view from Rizal’s humble from its original state. monument. Indeed, being the first to

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build a towering condominium in the area would mean solely capturing a huge market, but this is for the price of actually trampling a monument of a national hero. In addition, this could also spark a construction spree in the area, which would ultimately lead to the deterioration of the Rizal skyline.

In relation to the second issue, zoning regulations have been put into place for specific reasons, particularly to protect and assist in the administration of sustainable development in a certain locality or area. Councilor Joy DawisAscuncion, co-author of Manila’s city zoning ordinance, commented that at the time the zoning ordinance was drafted, the limited holding capacity of Manila was taken into consideration.

The floor area ratio limitation was laid down as the City Council had to take into consideration the limitation of the city’s small pipelines, as well as limited electricity distribution, in order to properly accommodate the residents of Manila. Moreover, zoning regulations for the purpose of preserving the beauty of the park were also set in order to safeguard the respect it deserves.

The fact that both the City of Manila and the NHCP hastily approved the construction of the tower after DMCI had appealed their decisions to oppose the construction, speaks heavily of the kind of mentality people in government have over laws which were laid down for a purpose. Regardless of how swift the issuance would put an end to a certain controversy, proper rules and regulations must still be conformed with and enforced for the greater good.

Ultimately, it is disappointing that government agencies and LGUs which are primarily tasked to protect our country’s cultural heritage and identity, as well as the welfare of the its citizens, would be those who would swiftly grant DMCI’s permit, despite blatant and obvious violations. P

LEGAL

12

REVISITING THE MAGUINDANAO MASSACRE: HALF A DECADE AFTER

By Jason Rudolf Arteche and Mohammad Muktadir Estrella ON 23 November 2009, the Philippines shocked the world with what is considered the worst electionrelated violence in its contemporary history—the infamous Maguindanao Massacre. Allegedly perpetrated by the notorious Ampatuan clan, the price of a then showcase of political domination in the province took away 58 innocent lives.

What makes the unfortunate incident peculiar is the fact that among the 58 victims, 32 were journalists, who were then present to cover the supposed filing of Esmael Mangudadatu’s certificate of candidacy for Maguindanao’s gubernatorial post. To date, this is considered as the single event in the world with the most number of deaths of media practitioners, making the Philippines the worst place for journalists in 2009.

But five years after the incident, justice still remains elusive for the families of the victims.

Rido: Maguindanao Massacre as part of a bigger picture According to Tuan Pat Radjaie, a Tausug expert in Muslim Mindanao politics and an Imam based in Sulu, in a key-informant interview in 2010, the Maguindanao Massacre is just a portion of a bigger picture of a cycle of clan wars between the Ampatuans and the Mangudadatus. This cycle is also known as “Rido” which, unfortunately, is considered part and parcel of clan politics and culture in today’s Muslim Mindanao.

It stems from the sociallyconstructed notion of bringing pride and honor to the family in avenging the loss of a relative to a rival clan, making it an endless cycle of violence for some major rival political clans and factions in the region. It has been alleged that

for decades now, the Ampatuans have been at war with the Mangudadatus, and that the Maguindanao Massacre was a culmination of the cycle of acts of domination between the two. Oddly enough, this is also true in the other parts of the country where a showcase of political power could cost innocent lives as collateral damage.

ready to rest its case due to pending appeals in the higher courts to have the testimonies of certain vital witnesses to be admitted in court and pending resolution of a motion to have a police inspector as state witness.

As of August 7 2014, lawyers of the defense team, led by Sigfrid Fortun, have withdrawn from the case citing conflict of interest. But by 17 Worst of its kind September 2014, one of the primary However, even submitting accused in the case, Andal Ampatuan that the Maguindanao Massacre is just Jr. already had a new defense counsel. a part of a bigger cycle of clan feud, In October 2014, Andal it is considered by most clans in the Ampatuan Jr. will begin presenting his region as “the worst of its kind” says rebuttal evidence in support of his bail Hji. Muktadir Ahmad, a long-serving petition, while Zaldy Ampatuan would Sulu councilor. According to the present his second witness. key-informant, it is an unwritten rule among rival clans in the region not to The Court System in the Philippines include women in the cycle of violence. is prone to delays by unscrupulous However, this was not the case for the lawyers Maguindanao Massacre, where it is It has been five years since the alleged that it was Andal Ampatuan Maguindanao Massacre but the end himself who killed Mangudadatu’s wife is nowhere in sight. The case is still at and pregnant sister in an inhumane the RTC level and any decision will fashion. surely be appealed all the way to the Supreme Court. This could only mean Updates on the Maguindanao additional years, if not decades, before Massacre case the case is finally decided. This does

As of the fifth anniversary not take into account the numerous of the gruesome tragedy, out of 194 petitions and motions the defense suspects in the case, at least 104 have could file along the way, just to delay already been arrested, while the rest the resolution of the case. remain at large. Of those arrested, at There are two reasons why the least 104 have been arraigned and Maguindanao Massacre case is taking pleaded not guilty. Among those such a long time to be decided. One arraigned are the eight prominent reason is the sheer scope of the case. members of the Ampatuan clan, The number of accused totals 194, and including Andal Ampatuan Sr. and each accused will have to be examined Ampatuan Jr. individually. A total of around 35 In March 4, 2014, the lawyers represent the prosecution, prosecution had already rested its case while around 54 lawyers are for the against 28 suspects that include Andal defense. The number of witnesses is Ampatuan Jr., the alleged mastermind also mindboggling, with 101 witnesses of the crime. As to the other 76 already being sent to the witness stand accused, the prosecution was not three years into the case.

Timeline of important legal proceedings: 2009 · 1 Dec. 2009 – 25 counts of murder are filed against Andal Ampatuan Jr. · 8 Dec. 2009 – The Maguindanao Massacre case is transferred from Cotabato City to Quezon City. · 15 Dec. 2009 – Case is raffled to Judge Luisito Cortez, who refuses the case fearing for his family and staff ’s safety. · 17 Dec. 2009 – Case is re-raffled to Judge Jocelyn Solis-Reyes, who accepts the case. Branch

221 of RTC Quezon City will try the case.

2010 · 5 Jan. 2010 – Andal Ampatuan Jr. is arraigned and pleads not guilty. · 3 Feb. 2010 – Additional 15 counts of murder are filed against Andal Ampatuan Jr. He pleads not guilty. · 25 March 2010 – Court orders a record mass arrest of 196 suspects. The court also dismisses the rebellion charges against the Ampatuan clan.

· 9 Aug. 2010 – Trial proper begins.

2011 · 1 June 2011 – Andal Ampatuan Sr. is arraigned, pleads not guilty. · 14 June 2011 – Supreme Court allows live media coverage of the trial under certain guidelines. · 12 July 2011 – DOJ rejects Zaldy Ampatuan as State witness.

2012 · 23 Oct. 2012 – Supreme Court reverses its earlier decision to allow live media coverage of the trial, citing the right of the accused to due process.

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The second reason is the penchant of the defense to use dilatory tactics.

It took three years alone for just two of the principal accused, Ampatuan Sr. and Ampatuan Jr, to enter a plea of not guilty. This is due to the numerous petitions the defense filed, challenging the indictment of certain Ampatuans.

These petitions have reached all the way to the Supreme Court and Judge Jocelyn Solis-Reyes, the RTC judge handling the case, had to delay arraignment pending resolution of the petitions.

Another dilatory tactic is the numerous bail petitions filed. At least 48 of the accused have filed petitions for bail, with most of them planning to present rebuttal evidence in the bail hearings. Such presentations can stretch the case for months, considering also the number of petitions filed.

The defense has also filed unreasonably numerous motions in the case. As of November 2012, 307 motions had already been filed and the records of the case have already reached 48 volumes. The latest move by the defense to delay the case is the withdrawal of the defense lawyers, forcing the Court to delay the case and allow the Ampatuans to employ new lawyers.

Justice delayed is justice denied Despite efforts by the Supreme Court to expedite the case, including the designation of a special court to solely hear the Maguindanao Massacre case and the thrice-a-week hearings, these have been proven to be in vain.

The victims of the Maguindanao Massacre case should expect this legal battle to last decades more and steel their resolve for such an eventuality. P

· 13 Dec. 2012 – Zaldy Ampatuan is arraigned, pleads not guilty.

2013 · 15 Apr. 2013 – Manny Ampatuan is arraigned, pleads not guilty.

2014 · 4 March 2014 – the prosecution rests its case against 28 suspects, but not as to the other 76 accused. · August 2014 - Lawyers for the defense, led by Sigfrid Fortun, withdraw, citing conflict of interests 23 NOVEMBER 2014 – Fifth anniversary of Maguindanao Massacre case, and still no end in sight.