The Palladium Broadsheet August 2014

NEWS

LEGAL DRINK AND DRIVE NO MORE

UPDATES STM WINS THE FIRST ALSP NATIONAL DEBATE COMPETITION

ALS BARRISTER SPEAKS UP ABOUT THE SHOOTING INCIDENT

VOLUME No. XVIII

ISSUE No. 1

STUDENT COUNCIL MIDSEM REPORT

AUGUST 2014

DEAN CLARIFIES THE ‘KILL ORDER’ FIASCO

ALS Alumni deliver speeches in Masters of Law Graduation Rites

By Eleonor Dyan R. Garcia

THREE remarkable alumni from the Ateneo Law School (ALS) were called on to perform a most daunting and honorable task this year—that of speaker in their respective Masters of Law graduation rites.

Carlo D. Villarama ( J.D., 2009), the son of Supreme Court Associate Justice Martin Villarama, spoke during the Cornell University J.D. and LL.M. graduation rites. He called on his classmates to go home and serve their people; to become lawyers who are “advocates of what is right and what is just.” In his closing remarks, he delivered a quote previously made by his father, continued on p. 2

Hallowed Halls. Consistent with the Ateneo Law School’s thrust of maintaining high academic standards, Dean Candelaria stressed that the previous school year’s high casualty rate was a result of “natural pruning,” and not because of “kill orders.”

A.Y. 2013-2014 ended with 52 students being dismissed from the Ateneo Law School (ALS)—42 freshmen, 6 sophomores, 3 juniors, and 1 senior. A.Y. 2014-2015 started with 297 first year students, 181 second year students, 199 third year students, and 171 fourth year students. While it is never easy to bid farewell to a fellow student, those that have been with the Law School for some time have accepted this sad reality. However, after the Bar results were released last March 2014, some have expressed their fear of the infamous “Kill Order.”

By Glorie Anne B. Pineda A “Kill Order” is a term coined by many students that has developed varying definitions. Essentially, a Kill Order is a directive by the ALS Administration, towards the professors to either: (1) dismiss as many students as possible; or (2) not be lenient in terms of failing their students. It is a systematic screening of students with the end result of increasing the school’s chances of attaining a high passing percentage in the Bar examinations.

A “natural pruning” Dean Sedfrey Candelaria, when

Photo by Mike David

requested to shed light on this Kill Order issue gave an unqualified “NONE” as his response. The Dean made it clear that what transpires is a natural result of the Qualitative Point Index (QPI) system that has been inculcated in the Ateneo curriculum from the beginning. He expounds, “the standards are there. Do we kill? No. It’s the system. We’re very strict about it. That’s why you are pruned almost on a natural basis.”

The Dean clarifies that although there may be a greater risk of not achieving a continued on p. 2

ALS STUDENT FALLS VICTIM TO WOULD-BE PURSE SNATCHER IN ROCKWELL AREA

By Jamie Alexandria M. Santos

Law Students who were sent to Kyushu to represent Ateneo Law School

Photo by Carlo Sanchez

Draft Ruckus Disturbs Rockwell Peace

By Gaston Franco V. Perez de Tagle

“I DON’T like thinking about it,” replied the shaken law student when asked about the events during the night of 5 June 2014. On that date, patrons of the popular watering hole, Draft Gastropub at the PowerPlant Mall, found that their pesos had bought them more than a pint of Stella. Unbeknownst to them, they were about to witness one of the most public fights in recent Rockwell history.

According to a source who wanted to remain anonymous, the entire incident began when one of the patrons, allegedly VOLUME No. XVIII

ISSUE No. 1

a student from the Ateneo Law School (ALS), took it upon himself to inform another patron, likewise an alleged student, that the latter would have to conclude his merriment within the hour.

Naturally, the second student was not at all pleased with the prospect of being made to leave the establishment merely on the strength of the other’s strong directive.

As a means of addressing his dilemma, the second student reportedly had some of his friends come over to Draft to lend him continued on p. 2

“IT HAPPENED so fast,” said Gillian Flores, a third-year Ateneo Law School student, as she recounted the traumatic ordeal.

Early morning last 4 June 2014, merely two days after the start of the school year, Flores became a victim of attempted snatching as she was walking in front of the BDO Rockwell branch, along Rockwell Drive. The incident happened while she was en route to her internship at Sycip Salazar Hernandez & Gatmaitan in Paseo de Roxas, Makati City.

According to witnesses, an unknown male riding a motorcycle seized Flores’ handbag from behind, causing her to fall and be dragged a few feet. The bag, which contained all her valuables continued on p. 2

ALS students rediscover Japan’s cultural heritage in Kyushu University

By Carlo Gabriel P. Sanchez “REINVENTING Japan” was Kyushu University’s theme for the shortterm cultural exchange with different Asian universities, including the Ateneo de Manila University School of Law. Armand Dulay (4A), Angela Feria (3A), Philip Recentes (3C), Patricia Geraldez (3B), and Zara Rovero (2A) visited Japan last 15 May 2014 for nine days to immerse in a cultural exchange in the southern Fukuoka region of Japan.

Students taking up Japanese studies in Chulalongkorn University and the National University of Singapore also participated in the cultural exchange.

This event is the second year of a five-year partnership with Kyushu University. The program consists of a short-term cultural exchange, a semestral exchange and a Master of Laws program. The Ateneo representatives participated in the shortterm cultural exchange.

In an interview with Student Council President Dulay, he stated that the purpose of the program was to preserve the tradition and culture of Japan, despite the fast-paced development and modernity that are transpiring in the country. The students were briefed on a case to be filed in court, seeking to prohibit the creation of a modern bridge. This was because the locals wanted to preserve the 400-year old village that withstood the test of time.

The Ateneans also toured Hiroshima and Kumamoto, the cultural epicenter of Japan. They were shown the significance of certain cultural practices, such as the importance of masks in Japanese culture.

Ateneo will continue its partnership with Kyushu University, and will send student-representatives of the school in the upcoming years. The exchange seeks to establish stronger cultural ties amongst the different Asian countries. P

NEWS

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DEAN CLARIFIES THE ‘KILL ORDER’ FIASCO continued from p. 1

high percentage when there are more graduates sent to take the Bar, this does not mean that those who have graduated are not qualified. He states that if a student passes through the objective standards set, then he or she becomes a candidate for the school. “If you start with 300 and you’re 300 by fourth year, fine. You made it through the process.”

Academic freedom The professors implement the objective standards carried out in the ALS, in line with academic freedom. This entails not only a determination of “what to teach” and “how to teach,” but also the prerogative to set the requirements in recitations, midterms, and finals.

The Dean explains that it will be very hard to manipulate midterms and finals as both these examinations are subject to the appeal procedure. The recitation grades may also be opened to students who would wish to check their previous performance.

Sought for comment, Student Council President Armand Dulay (4A) said that the Ateneo Law School really has high standards and that most professors believe that it is better to fail in law school than fail in the Bar. This results to a stricter implementation of the grading system, in the hopes of maintaining quality graduates.

Deliberation process A few days before grades are released to the students, the faculty members conduct deliberations. Faculty member Atty. Ronald Chua acquaints us with the process.

Deliberations start with the faculty convening to discuss the performance of each student. If there is a student who currently has a failing mark in a particular subject, the professor for such subject may then seek advice or information from other professors to decide whether to pass or to fail the student. In reaching a decision, the professor looks at the past performance of the student, as well as other special circumstances that might have occurred during the semester that may have affected the student’s output.

It also helps if the professor sees that the student passed all his or her other subjects. Atty. Chua emphasized that other professors, including the Dean, can only give their opinions, as the final decision still rests with the professor.

He also emphasized the fact that in all his years of attending deliberations, he has never seen a student’s grade changed from “pass” to “fail”—only the other way around.

Appeal transparency A student who receives a failing mark or simply wishes for a change of grade has to seek the help of the Student Appeals Committee (SAC).

According to Sheena Tengco (4D), the current SAC Chairperson, the appeal procedure starts upon a student’s request for his or her bluebook. The student’s bluebook, the highest bluebook, and the questionnaire will be given to the student.

The student, after reviewing his or her bluebook, will then write a letter of appeal, accomplish the appeal form provided

by SAC, and submit these to the SAC Representative. The appeal letter should state the grounds for the student’s appeal, which could either be Manifest Oversight or Computational Error.

The SAC Representative, who necessarily belongs to the same class as the student appealing, will initially review the request and produce his or her

recommendation, stating whether he or she agrees or disagrees with the request, as well as a recommended number of points that should be awarded. The recommendation and the request are thereafter sent to the Review Head who reviews the same, recommends to grant or to disapprove the appeal, and sends his or her recommendation together with the request to the SAC Chairperson.

The SAC Chairperson then repeats the process and sends all the recommendations and the request to the Law School Standards Committee, headed by Atty. Jacinto Jimenez. Note that the SAC Representative, the Review Head, or the SAC Chairperson may all agree to disapprove the appeal, but the request will still reach Atty. Jimenez. A recommendation is then furnished by Atty. Jimenez, and the appeal envelope, containing the recommendations and the appeal request, is subsequently sent to the professor.

Tengco explains that though there may be rumors that a particular professor does not allow a student to appeal, that should not stop a student from proceeding with the appeal procedure. However, it is true that most professors in the Ateneo Law School rarely grant an appeal and most of them do not even get the chance to open the appeal envelopes on their tables.

But this, according to Tengco, should not discourage a student from appealing, especially for those who received a failing mark for a blatant computational error.

In addition, Dulay assures the student body that the Student Council may serve the students during the appeal procedure by conducting consultations with the Law School Administration in order to develop the best plan of action for the students.

Formation Mr. Dulay also talks about the shift of approach when dealing with incoming freshmen. Instead of instilling the fear of being dismissed in their minds, the Student Council endeavors to imprint a positive outlook towards law school.

The Student Council, especially the Orientation Seminar (OrSem) Committee, promotes an atmosphere of inclusiveness and generosity towards one another. The Student Council believes that working together as a batch can go a long way.

The Dean admits that a change in mindset cannot happen overnight. But he remains hopeful as he recounts the time when he, together with Atty. Melencio Sta. Maria, Atty. Amparita Sta. Maria, and others, created the group Balikatan in Law School. The idea behind Balikatan was to put their heads together in making notes and reviewers that were kept open for everyone.

Dean Candelaria emphasized that this kind of mindset can be cultivated eventually because it has been done before—“No amount of Kill Order from the faculty can actually overrun a really determined group of students who have the same mindset, motivation, and passion.”

Conclusion Despite the opinions received from the different personalities who can shed light on this lingering issue boggling ALS students, the question may still be unanswered for many. But at the end of the day, whether it is a Kill Order, a systematic screening, or a natural pruning, it all boils down to the students’ ability to withstand the hardships that one encounters in law school. The only way to overcome such “directive,” whether real or imagined, is to keep pushing forward, until the fear only becomes a memory of your uncertainty. P

ALS Alumni deliver speeches in Masters of Law Graduation Rites

continued from p. 1

that “[t]here is a higher law than the law of government, [that is,] the law of conscience.”

Meanwhile, Rafael Vicente R. Calinisan ( J.D., 2008) shared his own experience at the LL.M. graduation rites of the University of Pennsylvania Law School. He thanked his classmates for their heartfelt contributions to the survivors of Typhoon Yolanda, while stating that their graduation is “a declaration, a covenant, of what we plan to do, not for ourselves, but for others and for our own countries, as responsible citizens of the world.”

Finally, Patrick Simon S. Perillo ( J.D., 2008) reminded his classmates at the Columbia Law School graduation

that the key to success was to begin with excellence. He spoke of their collective experience at Columbia as an important tool to serve those who have less in the law.

He put emphasis on the idea of evolution, saying that the adventure is not over—on the contrary, as a “new one unfolds[,] [t] he evolution does not and will not end.”

All three speeches expressed a common denominator—that of change.

In a country like ours, plagued with scandal, corruption and apathy, the call for transformation is most apparent. These three remarkable men realized the need for change, and served as an inspiration not just to their classmates, but to all of us Filipinos as well. P

Draft Ruckus Disturbs Rockwell Peace continued from p. 1

some support.

The parties of the disturbance— described by the source as “malaki”— assembled at the establishment’s outdoor area and promptly began to address each other in a manner no one would mistake as friendly.

One of Draft’s patrons narrated the events that followed: “There was a bunch of law school dudes in the outside part of Draft at the time […] I hear a lot of shouting and “angasan” and [see] some shoving. Then the bouncers came and got in between. But they were still going at it. Then suddenly some short […] guy throws a punch across the bouncers and that’s when the ruckus escalated and the police came.”

Sources concur that during the fight, which was not a quick affair, a projectile was thrown—reportedly a glass—and a bouncer was consequently hit on the mouth. Due to the force of the blow, the bouncer’s lip opened and bleeding ensued.

Meanwhile, the fight had escalated to a point where one of the people was being beaten to the side of the door leading to the mall.

All these were happening while the other patrons sat in silence, likely waiting for the proper authorities to come and break the fight up. Eventually, police and security personnel arrived, which promptly broke up the fight. Since the incident happened, it has been business as usual for Draft.

In response to the incident, an official advisory was issued and circulated by the Office of the Dean. It alleges that the

fight was actually between two ALS-based rival factions, the Aquila Legis Fraternity and the Fraternal Order of Utopia. The Dean condemned the violent encounter, saying that “resort to violence to resolve their differences demonstrates the lack of character expected of a future member of the Bar.” “The ALS Administration condemns this kind of behavior. An immediate thorough investigation of the incident will soon be undertaken by the Office of the Associate Dean for Student Affairs in order to exact individual and collective responsibility on the part of all those identified to have been involved in the violent incident,” the advisory stated.

Dean Sedfrey Candelaria also encouraged people who can shed light on the incident “to provide further information in order to arrive at an exhaustive investigation.” As of press time, a final determination has yet to be made regarding the incident. When asked for a comment on the fight and the present situation, both Aquila and Utopia indicated that they have no comment on the matter.

The Draft altercation came on the heels of another alleged hostile encounter between the two fraternities at Grilla Bar, Kalayaan Avenue, just a few days before the start of the semester. These two incidents surprised members of the ALS community, considering the absence of any reported fraternity-related disturbance during the previous school year. P

ALS STUDENT FALLS VICTIM TO WOULD-BE PURSE SNATCHER IN ROCKWELL AREA continued from p. 1

and other personal belongings, was not successfully taken. However, Flores suffered scrapes, abrasions and bruises, and was brought to The Medical City for treatment of her injuries.

The suspect fled on his motorcycle towards Kalayaan Avenue, and as of this writing, police officers are still unable to locate him.

The Makati City Police Station, which entered the incident in their police blotter, reported that motorcycle snatchers are now targeting students. It advised the public, students in particular, to make themselves difficult targets of opportunistic criminals.

Moreover, it also emphasized that everyone must be alert and aware of their surroundings at all times. People should also walk facing oncoming traffic; they have to carry their purses tightly under their arm and away from the curb in order to avoid motorcycle or car drive-by purse snatching.

Lastly, the police station issued a general reminder: While some thieves will back down at the sign of confrontation, others might be carrying a weapon; thus, when faced with a situation similar to the one mentioned above, it is important to act with extreme caution and to rather err on the side of personal safety. P

NEWS

3

TCRL HOSTS DINNER FOR KEY WTO OFFICIAL

By Thea Elyssa Vega

From left to right: Allan Revote, Thea Vega, Melisa Comafay, Atty. Manny Buenaventura, Atty. Aris Gulapa, Atty. Photo by Elyssa Vega Tony Abad, Dean Sedfrey Candelaria, Director Hamid Mamdouh, Atty. Tony Salvador, Amb. Ma. Angelina Sta. Catalina, Atty. JV Chan-Gonzaga, Mr. Benjamin Sta. Catalina, Mr. Ruy Moreno, and Atty. Roel Refran [Not in picture: Hon. Laura del Rosario].

LAST 3 June 2014, the Teehankee Center for the Rule of Law (TCRL) had the privilege of hosting a dinner for Mr. Hamid Mamdouh, the Director of Trade in Services of the World Trade Organization (WTO). Mamdouh, who is considered as one of the most knowledgeable senior officials of the international organization, is currently Egypt’s nominee for the WTO’s Appellate Body.

The dinner was attended by various personalities from both the government and private sectors, such as the Office of the President, Department of Foreign Affairs, Integrated Bar of the Philippines, Saligan Alternative Law Group, Trade Advisory Group and the Philippine Stock Exchange.

The meeting with Mamdouh was considered timely, as the Philippines is preparing for the upcoming ASEAN Economic Integration in 2015. His expertise on Trade in Services gave valuable insights regarding the necessity of liberalization of trade in services among the region. He stated that such move would greatly aid the competitiveness of Filipino professionals and at the same time, it will broaden the accessibility of our own professionals to the other parts of the world.

A round table discussion followed the dinner, which focused on trade in services with regard to the legal profession and public utilities.

On the legal profession The prevailing view is that the legal profession in the Philippines is difficult to liberalize, given that the requirements for legal practice in the country are very stringent, as compared to other professions. Thus, Mamdouh‘s initial discussion starts with this question: “Where is the resistance [in the Philippine Legal Practice] coming from?”

He answers his question by saying that resistance to change in domestic legal profession comes from the “incumbents.”

He then suggests that consultations on matters regarding change “must include all stakeholders, not just lawyers.” He mentions the importance of involving stakeholders, such as clients, because it is them who will stand to benefit in such liberalization of the legal profession.

On Public Utilities With regard to public utilities, Mamdouh stressed that the solution to the perennial problem concerning public utilities is for government officials to have

“vision.” He said that this “vision” refers to “people thinking about public interest.”

He stated that problems in public utilities, such as corruption, are “usually seen in countries which originally come from a centralized economy to a market type of economy.”

He cited the lack of “necessary preparation for institutional reforms” as the main source of such problem. He then stated that rules, which effectively address this matter that the State wishes to monitor, are needed for effective regulation.

Ateneo faculty member and trade practitioner Atty. Anthony Abad closed the discussion by saying that “‘services’ is not something to look at as a standalone product since it is related to other industries such as agriculture and manufacturing.” He further explained that “economic activity is a combination of production of goods and use of services.”

He concluded that “we should listen to end users. [For in liberalizing the] legal profession, at the end of the day, legal service is a ‘service.’” P

MTRCB and AHRC form Partnership

By Joan Janneth M. Estremadura

STM wins the first ALSP National Debate Competition

By Marlon Iñigo T. Tronqued A SAINT’S legacy continued. The St. Thomas More (STM) Ateneo Law Debate Team emerged as the inaugural champion of the ALSP (Association of Law Schools of the Philippines) National Debate Competition. The event, which featured an Asian Parliamentary Debate format, was held last 25-27 April 2014, at the Dakak Park and Beach Resort in Dapitan City, Zamboanga.

The ALSP Convention featured the following law schools: Adamson University, Arellano University, Ateneo de Manila University, De La Salle University Law School, Far Eastern University, Lyceum of the Philippines University, Manuel L. Quezon University, Pamantasan ng Lungsod ng Maynila, Philippine Law School, San Beda College, San Sebastian College, University of the East, University of Manila, University of the Philippines, and University of

Sto. Tomas. Tournament judges were members of the academe, selected from the participating law schools.

The Ateneo Law School, represented

by Ken Xavier Lukban (4A), Ayze Ong (3B), Leonardo Camacho (3B), and Diego Santiago (3B), faced De La Salle University Law School during the championship matches.

The judges included chief adjudicator Bernice Piñol, and deputy chief adjudicator Steven Gatacelo, both from San Beda College of Alabang. The debate team was victorious, unanimously winning both matches. Ong was adjudged as Best Speaker of the competition.

Before the main competition, the 2014 Conflicts of Law Debate tournament served as its qualifying rounds, where the STM-Ateneo Team also emerged 1st runner-up, edging Adamson, Arellano, and San Sebastian. P

Team STM representing Ateneo Law in the ALSP National Debate Competition.

Photo by Diego Santiago

RecWeek goes Disney

By Edelyn Criselle S. Ventura THE FIRST day of school marked recruit new members. The organizations the beginning of the Recruitment Week present during RecWeek, some decked (RecWeek) of the different student groups in their chosen Disney-inspired theme, under the Council of Organization of the were: The Palladium (Pirates of the Ateneo Law School (COAL). This year’s Caribbean), Ateneo Human Rights Center RecWeek, which had Disney as its theme, (Up), Kapwa (Toy Story), Ateneo Law was held from 2-7 June 2014 at the Atrium School Choir (Lilo and Stitch), Ateneo of the Ateneo Professional Schools.

Center for International Economic Law Several organizations grabbed the (The Avengers), St. Thomas More Society opportunity to set up their unique Disney- of Advocates (Frozen), Ateneo Society of inspired booths in order to attract and International Law (Star Wars), Campus

Dean Candelaria (left) and Atty. Villareal (right) shaking their hands to seal the deal.

Photo by Jei Estremadura

THE MOVIE and Television Review Classification Board (MTRCB) and the Ateneo Human Rights Center (AHRC) forged a partnership last 4 April 2014 to bring a “human-rights based approach to media related issues.”

The two groups signed a Memorandum of Understanding (MOU) that lets AHRC provide resource persons and materials to educate MTRCB and other media companies “on matters pertaining to the proper appreciation and undertaking of human rights issues in movies and TV programs.” This humanrights based approach includes dealing with media-related issues and concerns involving women, children, persons with disabilities (PWDs) and vulnerable sectors of society. AHRC committed to help in ensuring that the rights and dignity of these sectors are protected.

MTRCB Chairman Eugenio Villareal expressed his concern about the portrayal of women and children in the media.

AHRC, primarily through its children’s desk (Adhikain Para sa Karapatang Pambata) and women’s desk (Urduja) will now conduct seminars, workshops and

discussions together with the MTRCB to ensure that the media is both gender and child sensitive. This partnership is part of MTRCB’s thrust of “Matalinong Panonood para kay Juan at Juana.”

Chairman Villareal explained that the AHRC shall also assist them in strengthening their ratings and classification system.

The event was attended by the representatives of the MTRCB headed

by Chairman Villareal, the Ateneo Law School’s representatives Dean Sedfrey Candelaria and Atty. Amparita Sta. Maria, and the AHRC Executive Director Atty.

Ray Paolo Santiago.

One of the more recent events that MTRCB and AHRC have evaluated jointly is the incident regarding the nude portrait task given to the housemates of Pinoy Big Brother (PBB), a primetime reality show of ABS-CBN. After the dialogue, the producers of the show have since apologized and promised to be more gender sensitive not only in the tasks they give the housemates but also in the conduct of their show in general. P

Ministry Office (Hercules), Environmental Law Society of the Ateneo, Teehankee Center for the Rule of Law, Commission on Elections and Judicial Appointments, Ateneo Law Journal, Bernas Center, Ateneo Law Business Association, Forte, Salsa, Libertas, Lente, Ateneo Law Central Bar Operations, Forum, Ponencia, Blue Pixel, and Basketball Organization of Ateneo Law. Asana, a new organization that caters to those who are interested in the practice of yoga, made its debut during the said event.

The opening ceremony started with a loud playing of the drums led by the Student Council Treasurer, Quito Nitura (4A), and other former members of the Ateneo Blue Babble Battalion. A photo

booth was set-up on the first day, which allowed the students to take free photos with their friends. Concessionaires such as Potato Corner, Shakey’s and Tea D’Lite provided food and refreshments during the said event.

According to Student Council Internals Vice President and concurrent COAL Chair Cyndy dela Cruz (3D), the decision to have RecWeek coincide with the start of classes was to intended to make it the opening salvo of the school year. The festive theme of the event was also meant to take the place of the Back to School Party, which was preempted this year because of financial constraints. P

NEWS

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OrSem 2014 welcomes freshmen to Ateneo family

By Marie-Chelle G. Panganiban

THIS YEAR’S Orientation Seminar (OrSem) had a good number of surprises for Ateneo Law School’s new batch of students, and even for upperclassmen. Held last 1416 May 2014, the yearly “welcome-to-lawschool” event for incoming freshmen was set to the theme “We’re All In This Together,” inspired by Disney’s High School Musical.

The theme of the OrSem introduced the freshmen to a more nurturing law school environment, where all students, especially blockmates, make each other’s academic survival a community concern. According to Jet Garcia (2C), who is this year’s OrSem Project Head together with Gerard Rubio (2B), this year’s theme contrasted with OrSem’s concept during the previous years, which banked on the idea of survival of the fittest, highlighting the law school’s reputation for being a difficult experience.

Some notable new activities introduced this year included workshops on being a beadle, reading cases, digest-making, and taking exams. The traditional “mock recits” also had a make-over: this year, “mock mock recits,” where fourth year students acted as faux professors, served as a prelude to actual professors who could give out real grades to be credited during the semester. The freshmen were also given block-specific primers and run-throughs on their subjects.

The OrSem also featured talks given

by Bar topnotchers, Raoul Angelo Atadero (No. 1, 2011), Ignatius Michael Ingles (No. 1, 2012), and Dianna Louise Wilwayco (No. 2, 2013). Model students per block were also invited to talk to the freshmen.

The promotion of organizations was given a new format through “Org Speak.”

Representatives were allowed to go room-toroom to promote their respective groups, and were asked to provide a short presentation to

be played on loop in the classrooms while the freshmen were on break.

The OrSem video, true to theme, was a 30-minute musical featuring ALS versions of songs from Frozen and High School Musical, performed by talents from the OrSem Team.

As is tradition, the event ended with OrSem Night, sans OrSem Idol, in order to give the students a break after a loaded three days.

OrSem 2014 was made possible by the many volunteers from the second year blocks, through the coordination and initiative of the OrSem Core: Talk and Tours (TnT) Heads Czar Paguio and Julian Torcuator, Secretariat Head Crissel Tamondong, Programs Heads Borgy Gavina and Angelo Logronio, Marketing Heads Charla Tsoi and Jeli Leuterio, Documentation and Publications Head Bianca Ruiz, Creatives Head Bianca Mangaser, and Finance Head Vet Lim. P

ALS DEDICATES CLASSROOM IN HONOR OFBy Luis JUDGE ROSALES Alfonso Seña

THE ATENEO Law School (ALS) community honored the life of one of its distinguished alumnus, Executive Judge Voltaire Y. Rosales (LL.B., 1981), by formally dedicating Room 314 of the Ateneo Professional Schools Building in his name, and by organizing a Red Mass last 10 June 2014.

The event, entitled “Magistrate: Serving for the Greater Glory of God,” was also attended by Judge Rosales’ family and close friends, including his wife, Atty. Ma. Filomena Legaspi-Rosales, the current president of the Ateneo Law Alumni Association. T The Red Mass was held in the St. Thomas More Chapel, with Fr. Joaquin Bernas, S.J. as the presiding priest. The blessing and dedication of the “Executive Judge Voltaire Y. Rosales Room” followed the Mass. The event was capped-off with a dinner and a recognition ceremony for the ALS graduates serving in the

Fr. Bernas cuts the ribbon during the inauguration of the Judge Voltaire Rosales

judiciary, held at the Bernas Center.

The “Executive Judge Voltaire Y. Rosales Room” features wood finishes on its ceiling and floor that give the impression that one is in a court room. The room is also adorned with various memorabilia that showcase some of Rosales’ achievements as a lawyer and a member of the Bench.

After placing 25th in the 1981 Bar Examinations, Rosales started his legal career as an attorney at the Santos, Balgos and Perez Law Office. He joined the Office of the Solicitor General in 1986 and was later sworn in as an Executive Judge of Tanauan, Batangas in 1995. As a judge, he handled numerous controversial cases involving the crimes of rape, drug trafficking, and kidnapping for ransom, among others. He earned his reputation for being a morally upright judge by treating all those before him with equality and impartiality, regardless of their wealth or social status.

On 10 June 2004, Rosales was assassinated by two gunmen aboard a motorcycle a few meters away from his court. Because of his exemplary service to the Judiciary, Rosales has been honored with numerous posthumous awards, such as the Ka Pepe Diokno Award of Recognition as a Champion of Human Rights, and the Lux in Domino Award, the highest recognition accorded by the Ateneo de Mania University to its graduates. P

Photo by Mike David

als barrister speaks up about the shooting incident

By Maria Caterina Cristina R. Lopa

For all law students, the months spent preparing for the dreaded Bar examinations are some of, if not the most, challenging times. For 28-year-old Katrina Veronica “Kate” G. Raymundo, an Ateneo Law graduate (Batch 2014, Block B), the period of Bar review has posed more challenges than usual. Kate had no idea that on 13 May 2014, her Bar review, and her life, would be changed forever. Kate was gracious enough to grant The Palladium this exclusive interview.

P: Can you please briefly narrate in your own words what happened in the incident?

K: It was 3:20 in the afternoon of May 13, 2014, when my boyfriend, Atty. Joseph Banguis (ALS Batch 2009) and I stopped in Bautista Street corner Buendia, across the street from the bank, to withdraw. When he went to the bank to withdraw, I locked the doors and pressed the hazard sign. I had a study schedule that I followed, and at that time my “one hour lunch break” was already done, so I was studying in the car.

My book was on top of the compartment between the driver seat and the passenger seat and I was writing and highlighting, so I was seated facing the driver’s door. The radio was on and we left the engine running.

I didn’t notice a man looking inside the car through the passenger door window who went around the front of the car and then he went to the driver’s door. I didn’t really mind him until he tried to open [the door].

That was when I honked the horn, to catch the attention of the people outside the car.

I thought it would make him run. When I looked at him again, that’s when I saw he had a gun. I just bent my head downwards facing my seat because I already knew what was going to happen next. [This] all happened in less than about five seconds.

Next thing I knew, I couldn’t move my head or body and though I didn’t know where, I just knew that I was hit. Blood was flowing, in my hands that were in front of me, to the car seat, on the side of the compartment where my book was. I could hear my boyfriend asking if I was hit and I heard him crash the driver’s window. I heard him crying and assuring me we were on our way to the hospital. I was able to talk, I asked him what happened and if he was hit, and I told him I loved him because I was feeling lightheaded already. Not long after that I passed out from the massive loss of blood.

I kept falling in and out of consciousness in the hospital, St. Claire’s, the hospital nearest the place I was shot; in the ambulance which took me to University of the East Ramon Magsaysay Memorial Medical Center

(UERMMMC) where my sister is a surgery resident; in the Emergency Room, and finally in the Critical Care Unit.

The bullet’s entry was through my right cheek. My right cheekbone was smashed, my right jaw was fractured, and the orbital floor of my right eye was also smashed. It went through my nasopharynx (behind my nose), which was totally destroyed, which was why blood was coming out of my nose and mouth. The bullet bounced on my C1 vertebrae, which was fractured, ricocheted into my esophagus, and finally, I swallowed the bullet.

P: What developments have happened since then?

K: Medically, they performed an endoscopy the next day to see if the bullet passed through or affected any of my vital organs.

Thankfully, the result was good; the bullet went to my stomach along with all the blood from my avulsed nasopharynx. Eventually the bullet went to my intestines and I was able expel it on June 13, exactly one month after I was shot.

I will eventually go through facial reconstruction to fix my cheekbone and orbital floor, and along with that operation my ENT doctor will repair my nasopharynx.

Before this can happen though, my orthopedic and neuro surgeon have to clear me for the surgery because my neck bone (C1) hasn’t healed completely yet. For this, I was made to wear a body brace that will prevent me from moving my neck. This coming July 13, my two month mark, I will get a CT scan to see if it’s stable enough for surgery. If yes, the surgery will be scheduled immediately, not for cosmetic reasons, but because the injuries in my face are causing shooting pains in my head and in my right ear, which are sometimes unbearable; and since my right orbital floor is gone, it causes me to have double vision.

As regards the investigation, initially they were able to secure the CCTV footage.

Eventually, around the second week of June, they were able to match a fingerprint they obtained from the driver’s window.

The man had a prior record for drug use and drug pushing, and he was released on a technicality. As of now they are looking for him. The bullet will also be examined to see if it is registered.

P: Did your being a law student (and soon-to-be-lawyer) affect how you look at this incident? If yes, how?

K: At first, I didn’t really think about it.

I just thought I was a victim of a random attempted car napping.

After they matched the fingerprint

with the guy, though, it made me realize how inefficient the legal system is. The guy’s case was provisionally dismissed despite being caught with drugs, because the police officer that apprehended him failed to testify and the prosecution team handling the case did not bother to push through. It shows the lack of dedication and conviction of some people whose duty is to see that justice prevails, and to prevent its repetition. Because of their actions, or lack thereof, on May 13 I became a victim of a senseless act of violence perpetrated by that guy they released from prison, who was also described by witnesses as “looking high” at the time I was shot.

I am a believer that a person is innocent until proven guilty beyond reasonable doubt. This guy was not proven guilty, this I know. But his case wasn’t even able to move forward because the people responsible for his prosecution under the law did not do their jobs. Ultimately, this guy’s fingerprint made it on the car’s passenger door, and his face is similar to the image in the sketch as described by a witness.

P: How is your Bar review going? How has this incident affected your Bar review?

K: I started studying second week of April.

I had to stop for almost a month after I was shot. But on the last week of May I started reading again. I am not able to read as much as I want to, as much as I planned to. But I am not going to let this incident alter my plans completely. I might be reading slower, there may be days I can’t read because of the pain, but I will be taking the Bar this year. I will give it everything I’ve got.

P: How have your friends/family/ boyfriend helped you through these trying times?

K: The shock and grief I caused my father is something I will never be able to take back.

He has six daughters and I’m his youngest here. I was always the one he tried to keep at home. After all his sacrifices and care, his greatest fear still came true—harm befell his daughter. And I know he still lives with that fear every day—when he sees me sleeping or sitting in my hospital bed, walking with my brace on, and a bandage on my face.

A reminder that I was almost snatched away from him. Yet every day he cooks my favorite food for me, makes sure I’m okay, and gets angry when I push myself too much. He doesn’t show me all the fear and anger I know he must feel inside.

My sisters must have felt the most gripping news of their lives—their baby sister was shot. Their faces couldn’t hide their fear and anger at what happened to

me. They all make sure I don’t get too sad or depressed. They encourage me to keep on doing what I’m doing. They check up on me all the time. They take care of me in all the ways that they can. My relatives also made me feel all the love in the world.

My friends—I am speechless. Almost my entire block was there the night of the incident. They dropped everything when they heard what happened. My high school friends were there as well. The friends of my boyfriend, my family and my teachers were also there. They talk to me and make sure I have all I need for bar review and they always have willing ears to listen. Even people who I’m not close to were there. I realized how fortunate I am to have so many people care for me and [for] my well-being. I will never forget that. The love and concern they showed me each and every day help me[,] especially through bad days.

My boyfriend, in a haze of shock and terror, was able to keep his head on straight and bring me to the hospital in less than a minute. He called my family, the police and all the right people. Almost every day he is beside me, or calling me, or just letting me know how much he loves me. He makes sure I have all I need… and all I want.

This kind of incident shows the depth of a relationship. And although from day one, the day I met him, I knew how in love I was with him, it’s nothing compared to the love I feel for him now. He shows me everyday that he feels the same way. Almost losing your other half puts everything in its proper perspective. I almost lost him that day, too. It wasn’t just him who felt it. Every day I wake up knowing we still have each other is the greatest blessing I have ever received.

You never really know what the important things are in your life [up] until that point [when] you’re faced with the possibility of losing it. Every day I am just thankful for my family, friends, my dogs and all the opportunities I still have. Knowing I was almost paralyzed also made me treasure all the more my health and my mobility.

P: How has this incident affected you/ your outlook on life?

K: It totally changed. All I can say is that since then, I don’t ask for anything. I’m just thankful. I became a believer in miracles and it strengthened my faith. All my doctors described what happened to me as nothing short of a miracle – just millimeters away from paralysis or death. They described my [act of] bending my head as divine intervention. I think of it as my second chance to give importance to the things I took for granted… and a second chance to appreciate all that I have. P

5

5

OPINION

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E D I T O R I A L

A BROTHERHOOD OF PADDLES Every year, it happens. A young boy, still brimming with dreams, falls prey to the innards of fraternity violence. All in the name of brotherhood.

And every year, this shocks our sensibilities. These supposedly civilized men, who carry themselves as brothers, subject their neophytes to unconscionable suffering. As if there is no ounce of humanity left in them.

But every year, it seems like nothing happens. Investigations commence and media attention abounds; yet the victims of these senseless hostilities are still far from the grasp of achieving justice. Hence, the cycle goes on and on.

No amount of pragmatism can justify all these ruthlessness. Even the Supreme Court, whose bench includes several affiliated magistrates, did not mince words in condemning fraternity violence. In People v. Feliciano, promulgated last May 2014, it held that “[t]his culture of impunity must stop. There is no space in this society for hooliganism disguised as fraternity rumbles.” The Court considered these barbaric actions as “an anathema, an immature and useless expenditure of testosterone. It fosters a culture that retards manhood.”

Although arguable, it is apparent that the current legal regime turns a blind eye on this reality. True enough, hazing and other forms of initiation rites in these usually clandestine organizations are already being regulated by Republic Act No. 8049. The law, which has been in place since 1995, was enacted in response to the Lenny Villa tragedy— the infamous fraternity casualty involving an Ateneo Law freshman. But as currently worded, RA No. 8049 is toothless. The law only regulates hazing; it does not prohibit it. Even the acts penalized by the law could be considered as mere rehashes of existing provisions under the Revised Penal Code.

As explained by Supreme Court Spokesperson Theodore Te in an online column, “hazing is a criminal act only when [death, mutilation, injuries] result and without proof beyond reasonable doubt of these consequences, no serious prosecution, let alone conviction, for hazing may be had.” At best, the loosely worded and poorly crafted legislation seems to be an empty rhetoric then.

Granted that the law is amended in the future, doubt still lingers as to whether it can effect the intended changes. Concededly, laws can only do so much. The problem lies in the fact that the culture of fraternities has become deeply ingrained in Philippine society—such that for some people who become part of these organizations, they have been left with no recourse but to join. But who is to blame?

Blame the system. After all, fraternities may have been a subset of the patronage system prevalent in our society. In law school, for instance, invitations to join fraternities and sororities are extended the moment the admissions results are released. Perks and privileges are dangled to entice the naïve rookies—reviewers, an instant support group, specialized Bar operations, and of course, powerful connections. In the Machiavellian profession of law, who would not want any of those?

In exchange for these benefits, two things are typically demanded from the members: their unwavering loyalty to the organization, and deference to its time-honored traditions. A “we did it, so should you” type of reasoning prevails. And it is exactly because of these reasons why this culture has perpetuated, and has even permeated notwithstanding a law being implemented or despite any indignation hurled against them.

Hence, the best way to change this vicious culture is from within.

Not through any legislation or public perception—but through a shift in the values and norms espoused by these organizations. Breaking tradition may not seem to be palatable to the tastes of fraternity elders, but it is clearly the logical step in ensuring the demise of a violent culture that haunts the exuberance of our youth.

Because in the end, brotherhood is more than the sum of the punches received or paddles endured. Manhood transcends physicality.

It is only when these affiliations take a courageous stand to change the flaws inherent in their system that we can consider them man enough to face the real world—not the make-believe reality that they are in. P 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.

Illustration by KL So Chan

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 Louie Cruz Jaime Dimson John de Castro Chester Estrella Austin Tinimbang

CIRCULATIONS John Santos Andrew Uy

OPINION

6

#Obiter

By Joseph Giancarlo C. Agdamag The much-ballyhooed Disbursement Acceleration Program (DAP) provided fresh fodder to the chronic misunderstanding between the Aquino administration and the judiciary. This stemmed from the Supreme Court’s landmark decision on the matter, Araullo v. Aquino ( July 1, 2014), which declared unconstitutional three specific acts and practices under the government’s economic stimulus program.

In the days following the promulgation of the decision, PNoy was agitated, naturally. On three different occasions, he hurled a series of tirades against the Court, for once again going against the tide of reforms he has initiated.

On the other side of the political fence are the legalists who came to the defense of the Court, and some extremists who exploited the President’s bungle as a way of calling for his impeachment.

The crux of the issue lies on the definition of “savings” under the national budget: what constitutes such; when and how should it be declared. Naturally, the legal team of the administration opted for a wide coverage—something flexible that will allow the President to respond to the daily constraints of running the country.

With some reservations, I fully support the thrust of the Executive’s defense.

However as a student of the law, I do not intend to go against the Court by arguing for the DAP’s constitutionality.

The Court has already spoken and deference must be accorded to its words, no matter how much I disagree with it, especially with the ruling’s implications. Granted that the DAP is partly unconstitutional, does the Court’s ratiocination merit an accusation that the DAP is tainted with illegality, much more with immorality?

I don’t think so.

Before proceeding, it must be noted that a distinction between these three concepts is highly necessary, especially given that the public’s perception rests on a presumption that an unconstitutional act is evil in itself. The confusion is aggravated when even lawyers and legal scholars, who are supposedly astute with the law, resort to these constricted interpretations because of their disgust with the administration, or by reason of plain self-interest.

An unconstitutional act does not automatically entail its illegality. For one, construing constitutionality pertains to the exercise of a government’s powers under the fundamental charter.

A governmental action may be said to transgress the scope of its actual power

The DAP and the realms of constitutionality, legality, and morality under the constitution, but it cannot be deemed to be illegal per se. And this is exactly why it is understandable that the President seems to be stubborn to accept the Court’s decision.

disbursement procedures and no reenacted budgets resulted to lesser leakages and more efficiency in making sure that taxpayers’ money goes to where they rightfully belong.

The last few paragraphs of Araullo applied the doctrine of operative fact to the DAP, but not to its authors, proponents, and implementers. Bad faith was automatically ascribed to the architects of this scheme, without first properly ascertaining whether an illegal act was committed. Hints of a proper determination of their criminal, civil and administrative liabilities are inconsequential, since a presumption was already crafted by the decision. Damage has already been done. Tell me, of the numerous acts of previous administrations declared as unconstitutional, were these also coupled with a judicial overtone of illegality?

And this is another aspect that the Court failed to recognize. The President utilized the DAP in the course of his reform agenda. Going by the demands of modern governance, he must be accorded the flexibility to respond to the urgencies of running the country. Indeed, waiting for yearend before he is allowed to declare unspent allotments as “savings” would jeopardize the spending power of the Executive, and will just idle money which would have been better spent in stimulating the economy.

This brings me to my final point. No matter how much controversy the DAP has generated for PNoy’s administration, I do not subscribe to the belief that it paves the way for his downfall. Whether his critics agree or not, the President is clearly standing on the moral high ground when he came to the defense of the DAP. It is hard to impute liability to him or his men, considering the reforms he and Budget Secretary Florencio Abad introduced to the entire budgetary process. Stricter

But personal opinions and political biases aside, good things still resulted from this entire DAP debacle. If it is any indication, the President’s conciliatory tone during his latest State of the Nation Address may be a welcome sign that he has accepted the Court’s decision, notwithstanding the filing of a motion for reconsideration. His instruction to Congress to issue a resolution providing a definite meaning of “savings,” bodes well in ensuring continued stability. Ultimately, this chapter in our political history augurs the fortification and maturity of our democratic institutions. P

Skipping Spaces

A Rich Seam

By Paula Elise R. Rivera

By Ivy J. Enguio

Pork Couture

When the Game Is Not Just a Game FILIPINO basketball fans roared with excitement in anticipation of the PLDT-organized event, “Last Home Stand,” which was announced to take place in Manila on July 22-23, 2014. This was supposed to be a two- day charity event where fans actually get to see SmartGilas Philippine FIBA World Cup Team and select NBA stars in an exhibition game—all in one court. The prospect proved too good to be true, and yet it was about to unfurl before the fans’ very eyes.

However, the exhilaration would turn out to be short-lived; no less than PLDT Chairman Manny V. Pangilinan (MVP) himself announced that the event lineup for the second day would not push through because the organizers failed to secure a permit from the NBA, thus making the event unsanctioned. If the players pushed thru with this, they would have to face the consequences, such as suspension. In lieu of the event line-up, drills practice took place.

To say that Filipino fans were disappointed would be an understatement.

Although one may consider this unfortunate event to be a fluke, nevertheless it has left a sore spot not only on the fans and the organizer, but also on the image of the country in general.

In recent years, the Philippine events scene has been brimming with endless possibilities and constantly surprising its audience by bringing in topnotch individuals or groups who are considered as experts in their field—may it be in music, sports or theater. One can still remember the highly-anticipated musical Wicked being extended, or Grammy Award-winner Alicia Keys belting out her hits and singing duets with Filipino artists, and the list goes on. This just shows the diversity of interests of the Filipino audience and its receptiveness to these kinds of events.

Therefore, when events get cancelled due to miscommunication, all the efforts of the organizers will have been for naught. The audience gets disappointed.

And the foreign acts or partners are left

hanging.

The company can incur financial losses that will take a while before it can recover. Its brand may suffer a serious beating because of this, or worse, it can earn a reputation for failing to deliver or for under-delivering. On the part of foreign partners, there is a possibility that they become more wary or picky when dealing with Philippine promoters or companies for fear that a similar incident might occur.

And finally, mistrust may breed on the part of the consumers causing them to take a second look before making a decision to patronize an event of a certain company and to be discouraged from using their hard-earned pesos on pricey tickets.

Although ‘extremely disappointed,’ MVP’s quick resolve to take responsibility and accountability for what had transpired is very commendable and shows strength of character as a leader. Apart from this, the organizers had also announced that those disappointed with the outcome may opt to refund their tickets (proceeds will still go to charity). It takes a lot for any person to own up to mistakes when things get out of hand, even if it can be said that in reality, the failure or inadvertence is not solely his or her fault. Accepting responsibility appears to be the more prudent choice of action instead of making excuses or pointing fingers. Because of this, it can only be hoped that the consuming public has been somewhat pacified and the opening of floodgates which can cause permanent damage to a company’s image might have possibly been averted.

Hopefully, regardless of personal opinions on the subject, we learn a thing or two from this experience: for more circumspection and accountability in transactions on the part of companies, and for the consumers to be more vigilant and critical of the products offered to them. In the end, all these combined efforts will be beneficial as it will not only lead to better events; it will also help make the country earn the reputation of being a good host.

After all, what everyone wants, really, is to have a good time. P

PHILIPPINE Fashion Week, Preview Best-Dressed Ball, MetroWear and Tatler Ball—these are just some of the major fashion events that are annually flocked by fashion enthusiasts and social figures to celebrate the beauty of style and elegance.

However, in the recent State of the Nation Address of the President, the pressure of donning a not-so-typical Filipiniana terno transcended from the runway to the Batasang Pambansa. The moment these political and social figures stepped into the red carpet, the outfits they wore went viral for essentially two reasons—either they were chosen as the best dressed, or as a fashion faux pas.

Unlike in fashion events, the people involved in this kind of political event do not only consider the reactions of the fashion and style connoisseurs; they also have to be careful not to offend or provoke the watchful eye of the public. In fact, designers, in their “porkless forecast” predicted that lawmakers and their plus ones would come in simple and not over the top ensembles—especially that taxpayers still remain vigilant following the pork barrel scam exposé. Lawmakers had to ensure that their gowns and suits do not shout “donated by the Philippine taxpayers.”

Public’s Perspective Haute couture is expensive. This is the general rule that everyone knows. When pictures of congressional spouses in their designer gowns were posted on different social media platforms, netizens flooded them with comments. One comment goes: “Can’t they just wear a simple Filipiniana dress made by a local and just donate to the poor the thousands of pesos they are spending just to sit and watch the SONA?” One was more direct to the point: “One out of five Filipinos are hungry and these thieves do nothing but show off their loot!”

Basically, the tenor of their sentiments was either the money paid for the outfit was taken from the public coffers or that the money should have been donated

to the poor instead. The public associated the costs of the garment to the amount of pork barrel allegedly corrupted by these lawmakers.

In addition, fashion blunders sometimes dilute the important issues tackled in the SONA proper. Case in point: Senator Nancy Binay’s controversial outfit.

The bashers spent more time making and sharing memes rather than discussing the meat of PNoy’s annual report to Congress.

To avoid these kinds of prejudices and criticisms, lawmakers should really consider Sen. Miriam Santiago’s resolution prescribing a standard uniform for this national event.

Lawmakers’ / Public Figures’ Perspective In a society like ours—where every public figure’s move is magnified—lawmakers surely are cautious of their actions and decisions. Even if they do not covet being the best-dressed, they are nevertheless obliged to follow the dress code. As to the price of their outfits, the only control they have is on the choice of the designer.

Renowned or budding, these designers may sometimes quote a different price for these people of stature. The most important thing is that if they decide to pay for the price of fashion, they should take it from their own pockets. Typically, it is not usually the lawmakers or their spouses who don the most expensive gowns, but rather celebrities like Kris Aquino, Lucy Torres, and Heart Evangelista, who expect the camera to center and focus on them.

Designer’s Perspective The event is also the opportunity for some designers to showcase their talent and skills. This is the best avenue for them to show the quality of their work as well as their design aesthetics. Unbeknownst to everybody, not all the gowns worn in high profile events like the SONA are paid for by the user. Sometimes, designers offer continued on p. 7

OPINION

7

Think the Opposite

Dura lex said Lex

By Kim L. Rances

By Alexis Ann V. Aquino

What we learn is not what they Blurring of the personal sphere know THE RECENT 13-0-1 decision by the Supreme Court declaring the Disbursement Acceleration Program or DAP unconstitutional has been hogging newspaper headlines for days now, fuelled by President Aquino’s frustrated, defiant speech last July 14. In a televised address, the President defended the DAP as necessary to fast-track government projects and fund urgent needs. Some commentators have seen the President’s speech as veiled threats against the High Court, and consequently, our system of checks and balances.

Regardless of how the succeeding events will play out, the public reaction to the issue remains intriguing. There have been passionate defenses coming from both sides. The common defense in favor of the Court is that it is the last word in the interpretation of the Constitution, thus, no matter how the President remains defiant, the DAP is still unconstitutional. Law students who have gone through Constitutional Law I know that the President cannot make cross-border transfers, or declare “savings” without complying with the General Appropriations Act, and then apply these “savings” to projects not even declared in the GAA. This is, plain and simple, usurping Congress’ power of the purse.

In favor of the President and his embattled Budget Secretary, Butch Abad, is the defense of good faith. Just go through the comments section of any online article regarding the DAP, and you will see that the President’s supporters recognize his good intentions—that there is no proof the DAP went to the wrong hands, and that even the Court acknowledged its positive results based on a World Bank study.

One comment I read is that schools

have been built in an area in Mindanao, and their community found out that the funds for these schools came from the DAP. Another commenter says that these legal arguments are trifles only of city folk, while those in the provinces do want accelerated funds to see immediate results.

They call on the Court to interpret the Constitution based on “protecting public interest and the greater good.”

As law students, we bring it upon ourselves to defend the law to the letter.

Some of us are frustrated that people can just toss the law and the Constitution out the window on the basis of good faith, because for most of us, it is quite clear that the DAP is illegal, no matter how well-intentioned it is. But not everyone is privy to our understanding, and thanks to the internet, (mis)information spreads quickly—and attached to it is the blind passion towards political personalities.

Taking the latter aside, what I can see from these online comments is that, at least for some of our countrymen, there is no congruence between the law and what is on the ground, or as how one commenter put it, “strict judicial legalism versus executive activism.” No one will espouse setting aside the law for some vigilante acts for the greater good, as that will lead to anarchy.

But when the demands of the people require immediate results, and the law seems to restrict immediate action, how should the law respond? Amendments take years, if they happen at all. How should lawx students respond to these comments of our countrymen who only want to see concrete solutions, and don’t care for what is legally correct? P

“One eye witness is better than ten hear sayers.”

– Titus Maccius Plautus

IN A WORLD of hyper-speed information transfer system more commonly known as the Internet, people have become accustomed to sharing virtually everything. From movies, music, pictures, e-mails, status messages, and tweets—our idea of a personal sphere has been muddled with everyone else’s, resulting in a massive blob of communal existence.

This reality comes with a disadvantage.

As people have become used to sharing the different aspects of their lives to one another, the notion of seclusion and confidentiality has been reduced to social media accounts set to private. However, our existence and presence is still out there in the Internet. A part of us is still shared in the online world.

With this concept of sharing, and the blurring of the personal sphere, I will now delve into a necessary consequence of the lack of privacy—gossip.

In a small community such as the Ateneo Law School, people will inevitably talk about matters, which may or may not involve common experiences, terror professors, lives of blockmates or schoolmates, and campus controversies.

There is, of course, nothing unusual or abnormal about this structure. We like to talk about ourselves and others. Discourse is a natural human activity.

However, it is important to point out that many things can get lost in translation. As we transfer information from one friend to another, and as the story spreads all throughout the community, a minor change in detail can

spell the difference between a mindless, harmless chatter, and a ruined reputation.

Sharing unsubstantiated stories, or in legal terms, “hearsay”, about other people, may create adverse and highly damaging consequences.

This school year, the News Team of The Palladium aims to address the controversies hounding the Ateneo Law School community by reporting the stories based on reliable sources, and substantiated facts. Our news articles cover issues frequently discussed and debated upon by the students, such as the so-called “Kill Order” from the school administration, the shooting of an ALS barrister, the snatching incident in Rockwell, the scuffle in Draft Gastropub, and other similar incidents. Hopefully, these articles will shed some light on certain school issues, and provide a more accountable basis for peer-to-peer discussions.

As future lawyers, we are encouraged to be more cautious in divulging information about ourselves, and other people. With that in mind, the responsibility falls on our shoulders to create an atmosphere of accountability in discussing the controversies and issues within our small community. P

The generation of Scribe’s Scribbles Filipino workers: online freelancing

By Frances Lipnica Pabilane “WORK DIFFERENTLY.” “Love the way you work.” I have been an online freelance writer for three years now. I was a freshman law student looking for work to finance my school allowance. I tried to look for a tutorial job since it has been a “comfort zone” for me during my university years. Not finding a tutorial job meant saying good bye to younger students calling me “Teacher,” “Ate” or “Atsi.” I started browsing JobStreet and researching for work online, until I was advised that the solution might be there— online!

I started building my portfolio on an online platform. As a newbie in the community, it was difficult competing with other freelancers. I had to lower my rate and tried hard to please my clients, such that my friends would ask why I subjected myself to “consensual exploitation.” Luckily, I was able to build relationships with some clients who would initiate the contact whenever they had some projects that I could work on.

Online freelance work is based on

Pork Couture continued from p. 6

their creations to public figures as a form of free advertisement. As regards the price of other gowns, like any other profession,

trust, rather than on job contracts—that the freelance worker will submit a quality work on time, and that the client will pay the freelance worker upon submission.

I had clients who later on became my “friends,” Skype-ing me on my birthday, telling me about their trips to Europe, Christmas celebrations, or simple school achievements. During Yolanda, a client even sent me a long email to show concern.

In a short period of time of working online, I realized that there is still a lot to improve in the online freelancing industry.

The industry needs to be sustainable: 1. Employer-employee relationship.

Studying the Labor Code, a puzzle started to trivialize my thoughts on the work relationship between the client and the freelancer. There is the likelihood that freelance workers are not classified as “employees,” thus making them outside the protection of several labor benefits.

The contractual stipulation would often define the freelancer as an “independent contractor” even if haute couture necessarily requires a hefty price since you pay for the quality (with hand executed techniques), exclusivity (made specifically for wearer’s body type), and the fabric grade. Technically, when a public figure pays for these gowns, it is not entirely a waste of money, but can also be

the four-fold test of an employeremployee relationship is satisfied.

2. Social security and health benefits.

I know a couple of freelance workers and there is usually one thing in common: We do not maintain our own Social Security System (SSS) account nor even have a health insurance. The negative impacts of not having an SSS or a PhilHealth account may not be noticeable until a person retires, gets sick with the need for hospitalization, or other fortuitous events.

3. Security of tenure. On the online platform that I first worked with, I have lost jobs and clients like I have lost my room and locker keys.

In the traditional form of work within the ambit of the Labor Code, security of tenure is guaranteed and a worker may only be dismissed for just and authorized causes. In online freelancing industry, the causes of termination are most often discretionary on the part of the clients.

4. Unsecured payments and regarded as a way to support the domestic fashion industry.

Settling all these, the important issue here is not how these public figures spend their money, but where they acquired this. There is no prohibition on wearing

compensation. As of this writing, I have probably had more or less a hundred pages of unpaid work. It is part of the risk that freelancers have to take.

Despite the negative factors of online freelancing, I would still rate it positively.

On a national scale, online freelancing has fed families, and “employed” individuals who would otherwise be unemployed or underemployed. Freelancing helped me deal with tough work deadlines while studying for the daily grind of law school.

Freelancing allowed the 24/7 green dot on my Facebook chat box while my legs were trembling and fingers shaking, while trying to vomit words to meet the page count for the last 30 minutes of work before it is considered late. I dream of the day when the online freelancing industry is safeguarded with legal protection.

I dream of the day when every online Filipino freelancer is proud to say that “I work differently and I love the way I work.” P

flashy or expensive outfits given that it is part of one’s freedom to express his or her lifestyle, advocacy, or stand. Fashion is a statement and whatever this may convey to the public, lawmakers should always be prepared to explain their side. P

OPINION

8

IUDICIUM

By Kaye Baldonado NANCY Binay’s recent fashion picks as her ensemble during the State of the Nation Address infamously puts her once again in the spotlight in the online community. Many have expressed their distaste with her unflattering Koreaninspired outfit, likening her to a hot air balloon or to Shrek’s wife, Princess Fiona, just to name a few. The Internet had a field day when pictures of the senator were transformed into online memes, putting her side by side with a Pokemon character or a sachet of local vinegar, among other things. These seemingly humorous pictures have made the rounds online as people liked, shared, and tweeted such funny representations.

Her exposure to online ridicule is nothing new. Her first taste of online memes happened during her campaign as senator, when people criticized her skin color. Social media was filled with viral jokes, comical pictures, and harsh blog commentaries of the lady senator. Despite such notorious remarks and naysaying,

Nancy was still able to secure a spot in the Senate. But instead of redeeming her, her win actually led to more jokes on how the elections were so luto that it was actually sunog, once again drawing references to Nancy’s dark Filipino color.

There seems to be little (if none at all) commentaries with regard to her performance as one of the country’s lawmakers. People seemed to have turned a blind eye when it comes to her Senate work as her detractors were more focused on making fun of her physical appearance.

If they looked past the ebony skin, the poufy green skirt and the oversized white top, they would have seen that the lady senator had actually put color and life in the Senate with her proposals. The Senate panel has approved her recent bill of amending Article 315 of the Revised Penal Code, without any amendments from the Committee of Women, Family Relations and Gender Equality. The said RPC provision criminalizes premature marriages by women after the death,

A Wilderness of Sweets

By Abby F. Castelo THERE is a Manila I know only from the pages of books and sepia-tinted photographs, a city of stone walls and frescoed churches, of Art Deco statues standing proudly outside buildings with facades lined with Greek pillars, and of a bay walk shaded by trees, the smell of the sea untainted by years of accumulated waste.

Then there is the Manila that I know now, where the main avenues are covered in dirty floodwater during the rainy season, where the architectural landscape is composed of old hotels and theaters decaying amongst the chaos of hastily planned buildings, where from miles away one can see a thick layer of smog enveloping its skyline. This is a city of dead dreams and forgotten memories, where the new and the profitable reign supreme.

When Mayor Estrada finally approved the halted construction of DMCI Homes’ Torre De Manila, Carlos Celdran immediately conveyed his dismay over the decision by posing with two thumbs down in front of the Rizal Monument in Luneta, the unfinished condominium building looming in the background as a sign of what is yet to come. It seems that he is not alone in this reaction, with comments sections in news websites filled with anger and outrage over its effect on the surroundings of such an important national symbol.

The City Council allowed DMCI to continue its project after its was temporarily suspended, reasoning that such a project would boost Manila’s economy. The council has also stated that

Student Council Mid-Sem Report

By Armand Louis T. Dulay SCHOOL year 2014-2015 is set to be freshmen. the last June-March academic calendar year The first day of classes last June 2 also that the Ateneo Law School (ALS) will marked the first day of the Recruitment experience. This year marks the transition Week for the organizations. Many student year to the August-May calendar year to be organizations are experiencing record implemented for S.Y. 2015-2016. numbers in their membership this year. The To put the incoming year into start of AY 2014-2015 also commenced the perspective, the Council decided to adopt Council’s partnership with Potato Corner, core values to guide the officers in the Tea Delight, Shakey’s, Kiehl’s, and other exercise of their duties. The core values establishments that students should watch chosen are accountability, commitment, out for. and professionalism. Adding to this list are June also marked the last month of the sub-values of fairness, consistency, and the seniors to write their respective theses. optimism.

The Council provided them a checklist of Aside from core values, goals were also the requirements, CDs, as well as printing set by the Council which are: (1) to make services. New eSCRA accounts were also a transformative difference as a Council; purchased for each batch. A revamped (2) to come up with projects catering to version of the Blue Card was distributed to the welfare of students; and (3) to establish the students in the same month. It entitles systems to be followed by future councils. every ALS student to various discounts and In April, the Student Council headed freebies with several partner establishments the graduation ceremonies of ALS Batch such as California Pizza Kitchen, Chili’s, 2014, which is comprised of the Blue Roast Cali Burger, iHop, Twelve Cupcakes, and held at Top Shelf in Bonifacio Global City, Early Bird Breakfast Club, among others. the Baccalaureate Mass, and the formation The number of book allowance grantees of the Graduation Committee. was also raised to 20 for this semester. The In May, the system for accreditation Council also decided to maintain its various was released to the organizations, which student services such as free coffee, free included a primer on the budget system printing, and free use of umbrellas. of the Council for this year. The first SC A stronger relationship between the Newsletter was also published this month. Ateneo Law Alumni Association and the The Newsletter contains a recap of recently Student Council is also being forged this concluded activities in school and a roundup year via the Council’s participation in the of things to expect for the coming week. planning seminar of the ALAAI and its Block primers and the electives primer continued presence in ALAAI projects such were also disseminated to help guide the as the Legal Aid Mission in Muntinlupa held students for the first semester. A dynamic in June. For this year’s Bar examinees, Room Orientation Seminar (OrSem) entitled “Law 304 was made available as a study room.

School Musical” was also prepared by the LSAC was also rearranged to provide an sophomore students for the 300 incoming exclusive area for the Barristers.

More of Nancy than meets the eye annulment, or legal separation from their husbands. Nancy has explained in her bill that it should be time for Congress to finally abolish antiquated laws that discriminates against women.

Her past work has also highlighted her advocacy towards women. One of her earliest proposals was the Electronic Violence Against Women. This bill seeks to cover the bullying and violence experienced by women because a person close to them uploads demeaning and sexist media of them. Nancy sees this bill as an addition and extension of the current Violence Against Women and Children (VAWC) Act since VAWC does not contemplate the specific acts of electronic violence in its text.

Nancy has also received accolades from her colleagues and fellow public servants because of her high performance in Senate hearings. Most noteworthy was her involvement in questioning Budget Secretary Florencio Abad with regard to

the Disbursement Acceleration Fund.

Because of her active participation in the Senate hearings, she has also expressed her plan to file a bill against ‘forced savings,’ in which agencies do not push through with their projects just so they can use the funds in other projects. Her bill actually promotes accountability and liability of agencies with regard to their projects.

She might not be the prettiest or the best dressed but Nancy Binay shows in her acts that she is someone who is serious with her work and service. She may be a public servant, but she is not a public joke.

Her plans and proposals should be enough merit for her online detractors to take a second look of this woman who has been a source of their laughs and amusement.

Despite the hilarity brought about by the internet memes and online jokes, may we remember that it is substance that matters at the end of the day. P

A Tale of Two Cities the construction of Torre De Manila met the requirements of due process, since the National Historical Commission of the Philippines (NHCP) had said that such did not violate any national laws, and that the Manila Zoning Board of Adjustments and Appeals (MZBAA) approved it. The project’s supporters have also added that such diversity in the cityscape should be embraced, just as how cities in Europe have allowed modern buildings to stand alongside their oldest monuments.

These may be true, but we should be reminded that there will always be a price in exchange for progress. In a place where the urban planning of the past has been all but disregarded by the people of the present, is it really the wisest decision to approve the construction of a building that might conform to the current standards of In July, the Student Council Grievance Page was released. This is a part of the ongoing efforts to continually improve the communication between the Council and the student body. In conjunction, the Student Council Facebook page, Twitter page, and the Newsletter are being used for better information dissemination. The Council also released its own statement on the Disbursement Allocation Program.

During this month, an Advocacy Building Seminar in partnership with the Ten Outstanding Students of the PhilippinesNCR (TOSP) was graced by Ms. Gang Badoy of RockED, Atty. Glenn Tuazon, Atty. Jaymie Reyes, Atty. Kenjie Aman, and Angel Bombarda of TOSP. This project gave the opportunity for leaders of the ALS organizations to identify their advocacies and forge partnerships with other student groups in implementing projects which correspond to their respective advocacies In preparation for the midterm examinations, the Student Council Samplex Database was updated. Also, instead of writing individual letters to the Law School Administration regarding one’s conflict in an elective exam schedule, students were asked to fill up an online form, which were consolidated and forwarded to the Dean’s secretary. To mark the conclusion of the Midterms Week, the ALS Sportsfest was held. This year, the students had the chance to play not just against each other, but also against various Ateneo Law alumni and faculty members, such as Dean Sedfrey Candelaria, Associate Dean Giovanni Vallente, Atty. Mickey Ingles, and Atty.

Ronald Chua.

Given the above mentioned projects, the Council recognizes that there can still be improvements. The current enrollment procedure of electives remains to be quite problematic for many students, especially

law and perhaps even benefit the economy now, but in the long run may bring about more problems for the city, let alone ruin the aesthetics of a place so rooted in our culture and history? Is it just nostalgia, or is there a much greater and deeper worry behind the laments of those against it?

Perhaps it’s about time that we reconcile the two, these concepts of cultural preservation and economic progress. Though the protection of beauty in our cultural and national symbols and monuments may seem abstract and unnecessary to many, it’s still a mark of how we have been formed into what we are now as a society, good or bad as it may be. Call me sentimental, but I still hope that someday the first Manila will be restored, and perhaps then we can truly be proud of this city. P being forced to take electives they do not intend to take. The Council will continue to dialogue with the Law School Administration regarding this. The Council is also currently working with the Administration in order to address possible issues regarding the calendar shift next year. Also, reports of violence between members of the Law School community have been circulating. The Student Council is in support of the Law School Administration for the continued investigation and accountability of those who may have been involved.

Projects to look out for The Council will push for the renovation of the LSAC this October. This will be in partnership with the Student Council 2013-2014, represented by its President, Bang Dizon. Negotiations with various establishments, such as Mongkok and Pepper Lunch, are still ongoing for possible Blue Card partnerships. To appreciate and further empower the beadles, a Beadles Seminar will be held this year. There will also be a Career Fair, which will be held during the second semester to help sophomores and juniors find the firms to have their internships at, as well as to aid seniors with future employment.

Also, an Alternative Class Program will be held in the second semester to give an opportunity for students to learn about various fields of interest, which are not necessarily talked about within the four walls of the ALS classroom. Finally, the student body can also expect forums, fun activities, and other opportunities for volunteerism, as the Council continues to find avenues to be of service and to accomplish the goals it set out at the start of its term. P

9

LEGAL

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SC upholds Marital Rape: Women’s Victory

By Mohammad Muktadir A. Estrella

MARRIAGE does not give the husband the right to own his wife’s body, says Justice Bienvenido Reyes in writing the first Supreme Court decision in the Philippines upholding marital rape. Such striking line speaks volume not only of the need to liberate Filipino women from subordination to men, but also of the legal principle that women’s right to liberty over their bodies is not lost by reason of marriage.

The Court’s decision (People v.

Jumawan, G.R. No. 187495), promulgated on April 21, 2014, originated from the Regional Trial Court’s (Cagayan de Oro, Branch 19) ruling in 2002 which sustained the version of the prosecution based on the spontaneous testimonies of the couple’s daughters regarding the crime of rape committed by their father against their mother. The ruling was affirmed by the Court of Appeals because the carnal knowledge using force and intimidation was established beyond reasonable doubt.

In some societies including the Philippines, it is still a common view among patriarchs to regard coital congregation as a responsibility of their spouses, and thus is not subject to the latter’s consent. True enough, one of the defenses raised by the husband in this case is that it is his wife’s duty and responsibility to sexually please him. The High Court did not share this

opinion rather saying that: “Husbands are once again reminded that marriage is not a license to forcibly rape their wives. A husband does not own his wife’s body by reason of marriage. By marrying, she does not divest herself of the human right to an exclusive autonomy over her own body and thus, she can lawfully opt to give or withhold her consent to marital coitus.”

The Court cited the constitutional right to equal protection by not creating a distinction between marital rape and non-marital rape because the definition of rape in Republic Act No. 8353 or the AntiRape Law of 1997 pertains to: rape as traditionally known; sexual assault; and, marital rape. The lack of distinction on the elements of marital and non-marital rape means that the same elements should apply. The Court stressed that it does not see the need to uphold a different standard for marital rape cases. The defense of the absence of resistance on the part of his wife was also raised by the accused but the Court reiterated the well-established rule in rape cases that resistance is not an element of rape. This is consistent with R.A. No. 8353, which does not require the victim to prove resistance.

In People v. Jumawan, it was ruled that sexual intercourse, albeit within the realm of marriage, if not consensual, is rape.

The Court cited the policy of the State in Section 266-A of the Revised Penal Code, as amended by R.A. No. 8353. Further,

the implied consent theory associated with sexual intercourse within the realm of marriage has already been superseded by global principles for the equality of rights between men and women. The Court cited widely accepted human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the United Nations Declaration on the Elimination of Violence Against Women as its legal bases from international law. These international documents discussed the forms of genderbased violence which included marital rape as a species of sexual violence.

Indeed, this decision, promulgated during the term of the first female chief magistrate in the country, is a reflection of the evolving and growing recognition of our legal system to the principle of gender-equality and of women’s rights.

It is the first and yet a crucial step which the courts need to take to safeguard

fundamental rights of women which have long been brushed aside by common misconceptions brought about by a highly patriarchal worldview.

It must however be noted that most cases of marital rape are still left unreported—reflecting the sad truth that we still live in a society where some people equally look down upon the rape victim and the felon; where women remain to be powerless, and that despite violations of their fundamental rights, silence is still a viable option. Despite this option to remain silent and forego a fundamental right, it is noteworthy that People v. Jumawan is a victory for the Filipino women who prefer to speak up and uphold the core values of choice and womanhood, as it legitimized the view that “a marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity.” P

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DRINK AND DRIVE NO MORE

By Jason Rudolf C. Arteche

In law school, the easiest way to unwind after a heavy day of case reading and recitations is to grab a drink: simple and easy—just head on to Draft at PowerPlant after class or drink with friends on a Saturday night. Just a few bottles and shots, and the academically induced anxiety ceases. Though, there is always the risk of having one too many drinks and feeling tipsy. This poses more danger, especially when one has to drive home; yet risking the drive anyway, thinking that sobriety has already set in.

Well, it might be the right time to change this way of living.

Last May 27 2013, President Benigno Aquino signed into law Republic Act No. 10586, or the Anti-Drunk and Drugged Driving Act of 2013. Basically, R.A. No. 10586 is a penal law making it unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.

This law might be long overdue.

The Philippine National Police-Traffic Management Group (PNP-TMG) recently reported that from 2004-2007, the percentage of drunk driving accidents in the Philippines ranged from 1%-2%.

The percentage seems insignificant, but the number is possibly grossly undervalued, considering that policemen do not have sufficient tools to know if a driver is drunk during an accident. More likely, drunk driving has contributed to far more accidents than what the statistics plainly show.

Under R.A. No. 10586, a person is considered driving under the influence of alcohol if the driver’s blood alcohol concentration (BAC) level has reached a certain level as determined in the Implementing Rules and Regulations

(IRR) jointly drafted by the Department of Transportation and Communications, Department of Health and the National Police Commission. Under the IRR, the BAC threshold set for drivers of private motor vehicles is 0.05%; while for trucks, buses, motorcycles, and public utility vehicles, the level is anything above 0.0%—implying that at no instance must the drivers of these vehicles be intoxicated.

Are policemen at liberty to flag down any driver and subject them to random alcohol and drug tests? No. The law requires the enforcer to have probable cause to believe that the driver is actually driving under the influence. Probable cause is manifested by overt acts such as over-speeding, sudden stops, swerving, or evident smell of alcohol in a person’s breath. Importantly, the driver need not commit a traffic violation in order for policemen to have probable cause.

Once pulled over, the driver is subjected to sobriety tests such as the One-Leg Stand and Walk-and-Turn. If the driver passes the sobriety tests, the policeman will let the driver off, unless he is guilty of a traffic violation. It is only when the driver fails these tests that the policeman shall be required to determine the driver’s BAC. If the driver’s BAC level is above the allowed limits, the driver will be arrested and his vehicle impounded.

The situation is different for dangerous drugs because in such case, the policeman will immediately bring the driver to the nearest police station for a drug screening test, and if necessary, a drug confirmatory test. In other words, no field test is needed if the policeman thinks the driver is on drugs. It is also important to note that drivers involved in vehicular accidents resulting in loss of life or physical injuries are required to undergo both alcohol and

drug testing.

threat of imprisonment?

As for penalties, if the driver refuses to undergo the alcohol and drug tests, then the policeman has the right to confiscate the driver’s license, subject to automatic revocation. Also, the penalty for violating the law always involves imprisonment (minimum of three months), a fine (minimum of PhP 20,000.00), and suspension or permanent revocation of his driver’s license. Take note, any violation of the law will result in imprisonment and a fine.

Second, why is mandatory testing required only in vehicular accidents resulting in loss of life or physical injuries?

Why not also when the accident involves loss to property? There is no reasonable explanation for the difference especially considering the law’s purpose is not served by such distinction.

Impelled by the desire to increase road safety by curbing instances of driving under the influence, R.A. No. 10586 is clearly laudable and necessary. However, the law has certain drawbacks.

First, it is a powerful tool for corruption in the hands of policemen who will implement the law. The law gives policemen a better position to demand bribes because of the very stiff penalties involved. It is reasonable to assume that drivers would prefer to just bribe policemen, rather than go to jail and incur a criminal record. If drivers are willing to bribe just to prevent their license from being confiscated, what more if there is a

Lastly, the penalty is too harsh because any violation of the law—even drunk driving that does not result in any injury to persons or damage to property— is punishable with imprisonment.

Concededly, this serves the public welfare.

However, penalties imposed by any law should take into account the injury done.

If the driver violates the law without causing any injury or damage, the penalty should be minimized to confiscation and suspension of the driver’s license.

So, what to take from all of this? It is fairly simple—do not drink and drive, unless you want to go to jail. When you go drinking, be sure to have a plan to get home safely or, at the very least, be with friends you trust who will take care of you.

P

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LEGAL

10

NTC orders telecommunication companies to refund text overcharge

service areas so as to promote telephone density and provide the most extensive access to basic telecommunications services available at affordable rates to the public.”

By Chynah Monzon

This provision, which mandates reasonable and fair level charges, implies that the NTC should guarantee basic telecommunications services to the public at affordable rates. This, then, must have been the reason why the NTC was lobbying to refund subscribers of the excessive charges they have been paying for text messaging in the years following its circular. It may be implied from Sec. 5(c) of R.A. No. 7925 that the NTC could, indeed, compel telcos to refund subscribers.

HOW WOULD you react if you find out that you are actually entitled to a 20-centavo refund for every text message you sent for the past three years? The refund would come in handy if you are someone whose main means of communication is text messaging.

Some people would say, “That’s only a few centavos!” But for text hogs, every centavo for every text message counts. Even with the onslaught of social networking sites, text messaging is still considered today’s top tool for communication.

When the National Telecommunications Commission (NTC) ordered a refund as well as a roll back of SMS rates of telecommunication providers—including the Philippine Long Distance Telephone Co. (PLDT) units, Smart Communications and Digital Mobile Phil. (Sun Cellular), and Globe Telecom—a multitude of subscribers rejoiced. While the refund affects only OffNet SMS, a refund for 1000 text messages would still amount to a substantial rebate of PhP200.00.

Since the release of the said NTC order, there has been an urgent clamor to speed up the process of refunding the text overcharges. The NTC suggested that the refunds be in the form of bill deductions for postpaid subscribers or through sending load credits to prepaid subscribers.

How it all started In October 2011, the NTC issued Memorandum Circular No. 02-10-2011, which lowered the SMS interconnection charge from the long-standing rate of PhP0.35 to not more than PhP0.15, thus making text messaging more affordable to the public. There was no mention of a refund in the said circular.

However, this reduction in the interconnection charges actually resulted

in a PhP0.20 price cut; hence, the NTC eventually ordered for a refund of the excessive rates already imposed. Thus, this reduction in overhead cost should not just benefit the telcos, but also the consuming public.

What the telcos have to say Naturally, telecom companies are against the refund, as they have challenged the NTC Order. But the NTC already denied Globe and PLDT’s respective motions for reconsideration.

The Order remains effective, yet not a single centavo has been refunded since then.

And the more they defy the Order and prolong their compliance, the situation for both the telcos and their consumers gets worse. Each day, they rake in more fines and accumulate billions worth of consumer refunds. A day’s worth of noncompliance results to an aggregate of PhP 194,000 in fines for telcos and PhP 8 million worth of refunds required to be returned to their subscribers.

The power of the NTC to compel refunds and to dictate the price of SMS Republic Act No. 7925 (An Act to Promote and Govern the Development of Philippine Telecommunications and the Delivery of Public Telecommunications Services) is the law enumerating the responsibilities of the NTC. Sec. 5(c) of this law states that the NTC shall “mandate a fair and reasonable interconnection of facilities of authorized public network operators and other providers of telecommunications services through appropriate modalities of interconnection.”

It further provides that these charges should be “at a reasonable and fair level of charges which make provision for the cross subsidy to unprofitable local exchange

But is this implication enough?

The good intention of the NTC merits commendation. However, it seems that from a strict legal standpoint, there is no direct provision in the said law empowering the Commission to order a refund in cases of rollback in the interconnection charges. It cannot be inferred that when interconnection charges are lowered, the same should immediately lead to a decrease in text messaging rates.

Subscribers lauded the NTC when it ordered the telcos to return the excessive charges they obtained at their expense.

However, it did not also escape the public’s eye that the telcos were valiantly resisting this order. The telcos are in unison when they questioned the NTC’s power to

dictate the pricing of SMS on the ground that it is a value-added service (VAS), therefore, deregulated under the law.

Sec. 11 of R.A. No. 9725 states that “a VAS provider shall be allowed to competitively offer its services and/ or expertise, x x x to provide such specialized services, in the domestic and/ or international market in accordance with network compatibility.” It further states that the telcos need not apply for a franchise.

A strict reading of this provision would entail that the NTC could not compel the telcos to implement a rollback of their rates. The telcos need not have a franchise when providing VAS. It follows they can increase or decrease their prices, without need to gain the NTC’s prior approval.

What the public is in for at this rate The hard reality is that there would be difficulty in executing the refund order in all aspects. The first reaction of the public was of course, of elation; but this was immediately crushed by the fact that the telcos would not easily give up the fight to keep the revenue they have earned in the past years. And whenever the time comes that telcos give up on their stance, there is still the problem of how to successfully and efficiently return the money to millions of their subscribers. It is in fact likely that the public could be even waiting for nothing.

P

DID YOU KNOW...

•That an Off-Net SMS is a text message you send outside your bucket pricing plan (a.k.a. unlimited texting)?

•That an average of 2 billion text messages are sent everyday in the Philippines alone, making us the texting capital of the world?

•That of this number, 40 million are Off-Net SMS, which are text messages sent not using bucket-pricing or unlimited services?

•That the retail price of off-net SMS is equivalent to the cost of the network sending the short message or text plus the cost of the network receiving the text plus the cost of the interconnection facilities?

Ethics and a public officer’s unconventional order

By Gerard Samuel B. Contreras and Nellaine Annabelle L. Soliman to his unforgiving penology. Meanwhile, human rights authorities expressed their concern against the same. As he attempts to balance the people’s clamor for effective crime management and respect for human rights, issues in ethics arise under his leadership.

Mayor Duterte

PHILIPPINE politics has been characterized as ever-colorful and dynamic as it is composed of people with a wide-ranging mix of personalities.

Among which is Mayor Rodrigo Duterte of Davao City, whose rise to popularity— or perhaps, notoriety, depending on which side you are on—was effected by his policies which seemingly lean

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towards advocating extrajudicial means to apprehend lawbreakers.

Mayor Duterte captivated in his favor both his constituents and social media users, while at the same time catching the ires of fellow government officials and human rights advocates.

He has accumulated a small scale cultfollowing in social media, giving praise

An unconventional leadership Taking his political roots from his father who used to be a governor, Mayor Duterte has been present in politics for the last 28 years. He first served Davao City as the appointed vice mayor right after the People Power Revolution in 1986. Before his current term as incumbent mayor, he has already held the same position in various periods, from 1988 to 1998 and 2001 to 2010. He also served as the Representative of Davao’s first district.

Months after his election last 2013, he would occasionally appear in news reports featuring his tendencies to favor unconventional means of punishment. News came out in July 2013 about the shoot-to-kill order he issued against a suspected abductor in a kidnap case involving a Filipino-Chinese businesswoman. Later in November 2013, upon sending relief efforts to Southern Leyte in the aftermath of Yolanda, he warned that looters will be shot, in light of then reported assaults on relief and rescue trucks by distressed locals. Early this year, when the Bureau of Customs unmasked the alleged rice smuggling kingpin David Tan, Mayor Duterte likewise unleased his

vigilante tendencies. Just recently, he was seen in the media expressly promising to reward any person who could help apprehend notorious drug pushers with a sports utility vehicle—thus triggering an unconventional civilian-led manhunt.

Conduct becoming or unbecoming of public officers The situation leaves a question: is the reported behavior by th public official ethically acceptable under Philippine laws?

At the outset, Mayor Duterte’s shoot to kill order would be a violation of the constitutionally enshrined right to due process. As echoed by Commission of Human Rights (CHR) Chair Loretta Rosales, his conduct violates the Constitution as it is tantamount to imposing penalty over suspects who are yet to be convicted. In addition, his expression of willingness to kill one “David Tan” may appear to be at par with a grave threat. Rosales similarly pointed out this possible charge against Mayor Duterte when the latter appeared in the Senate for the inquiry on rice smuggling.

The Code of Conduct and Ethical Standards for Public Officials and Employees provides guidelines for officials in their use of power. Under Section 4 of the this law, public officials and employees are bound to observe the standards of personal conduct in the discharge of their official duties, particularly: commitment to public interest, professionalism,

LEGAL justness and sincerity, political neutrality, responsiveness to public, nationalism and patriotism, commitment to democracy, and simple living.

While they should uphold the public interest in the discharge of duty, the law also provides, under the standard of justness and sincerity, that officials must “at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest.” A free whipping of shooting orders, then, by a public officer would be inconsistent with this provision.

In an alternative context, it may be argued as a legitimate tool to combat lawlessness.

From this point, it would reckon as to whether or not certain elements or conditions were present to validly trigger the use of this tool.

Article XI, Section 1 of the 1987 Constitution provides that public officers must serve the public with utmost responsibility, integrity, loyalty and efficiency. This is manifested by how public officers themselves honor the law and set an example to the people to follow the law and orders, both legal and administrative ones. The Supreme Court, in several cases involving public officials and employees, has time and again stressed that persons in public office must conduct themselves with good manners

and proper decorum becoming of their office, in every situation—whether workrelated or not.

In Ganzon v Arlos (G.R. No. 174321, October 22, 2013), a case involving a public official who threatened to kill someone during a Christmas party, the Supreme Court gave a reminder that the law of good manners and proper decorum applies even outside office hours. The Court upheld the dismissal of the public official, and further defined “misconduct,” citing Narvasa v. Sanchez, Jr. (G.R. No. 169449, March 26, 2010), viz: “Misconduct is intentional wrongdoing or deliberate violation of a rule of law or standard of behavior. To constitute an administrative offense, misconduct should relate to or be connected with the performance of the official functions and duties of a public officer. In grave misconduct, as distinguished from simple misconduct, the elements of corruption, clear intent to violate the law, or flagrant disregard of an established rule must be manifest.”

Similarly, in Alarilla v Sandiganbayan (G.R. No. 136806, August 22, 2000), a municipal mayor was charged with grave threats before the Sandiganbayan for aiming a gun and threatening to kill the private complainant because he was angered by the speech delivered by the latter in a public hearing. The Supreme

Court ruled that even if an act of a public official or employee is not an element of the crime of grave threat charged, the act is considered “intimately connected” to his/her public office when it is committed as response to the performance of his or her official capacity.

In Zacarias v. National Police Commission (G.R. No. 119847, October 24, 2003), the Court stated that the scope of “conduct unbecoming” a public officer (particularly a police officer in this case) refer to acts or behavior of an officer in an official or unofficial capacity which includes dishonoring oneself personally, seriously compromising his position and exhibiting oneself as “morally unworthy” to continue in the office or as a member of the organization.

Further, in Yabut v. Office of the Ombudsman (G.R. No. 111304, June 17, 1994), the Court upheld the suspension of a public officer even if there was sufficient provocation by the private complainant that resulted in the traffic altercation, mauling and eventual shooting between the parties. The Court explained that while it cannot condone the disrespect and provocation demonstrated by the private complainant which caused the patience of the vice mayor to break, for public officials, especially elected ones, “[S]trict personal discipline is expected of an occupant of a public office because

11 a public official is a property of the public.

He is looked upon to set the example how public officials should correctly conduct themselves even in the face of extreme provocation.”

Ethics or passion to serve In light of this issue, the government is fundamentally being brought into contemplation of methods or means that are simultaneously effective and justifiable.

While the commitment of a public officer to resolve the problems that arise within his area of authority or office may be applauded and supported by some, the law deems it essential for public officials to uphold the rule of law at all times.

Ultimately, what can be ascertained at this point is that the passion of a public official to defend his interest or to serve the public and obliterate crimes cannot be independent from the observance of the Code of Conduct and Ethical Standards expected from them, pursuant to the improvement of public service by preserving the people’s faith in the Government.

Now, the question is—can a public officer passionate to serve the people and who gives out gives an order to “shoot looters” be held accountable under the Philippine laws on ethical standards? P

Why the Supreme Court [should] NOT do the math?

By Romando Garcia IS THE legality of a legal provision subject to the passage of time? In Corpuz v. People (G.R. No. 180016, April 29, 2014), the Supreme Court delved into the constitutionality of Article 315 of the Revised Penal Code (RPC), which pertains to the definition of the crime of estafa and the penalty associated to it.

The obsolete legal provision was challenged vis-à-vis the equal protection clause and the prohibition against cruel and excessive punishment, both guaranteed under the Constitution.

The Court affirmed the decision of the lower courts to convict Lito Corpuz of the crime of estafa and sentenced him to imprisonment for a period of 4 years and 2 months of prision correccional as minimum to 8 years of prision mayor as maximum, plus 1 year additional for every PhP 10,000 for a total of 18 years of imprisonment.

The case The complainant, Tangcoy, entrusted certain jewelries amounting to PhP 98,000 to Corpuz for the purpose of selling them.

Tangcoy waited for Corpuz to remit the sale proceeds or return of the jewelry but Corpuz failed to do so. The trial court convicted Corpuz, which was affirmed by the Court of Appeals. On appeal to the Supreme Court, Corpuz contended that the penalty imposed upon him by the court a quo violates the equal protection clause and the prohibition against oppressive and cruel punishment. Thus, he asked the Court to suspend the execution of the sentence or amend the same to accord respect to his constitutional rights.

Incremental penalty The last sentence of Article 315 states that “if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional PhP 10,000, but the total penalty which may be imposed shall not exceed twenty years.”

The last sentence is called an incremental penalty, where the punishment to be meted out to a convict increases as the amount involved in estafa gets higher. In the case at bar, given that the value of the property taken amounted to a total of PhP 98,000, Corpuz was convicted to serve imprisonment to a total of 18 years, in addition to the fines imposed.

Beyond the numbers

In ruling for the constitutionality of the assailed RPC provision, the Court explained that it has no authority to modify the range of penalties, as such would constitute judicial legislation. What the legislature’s perceived failure in amending the penalties provided for in the said crimes cannot be remedied through the Court’s decision.

The question of constitutionality raised by the petitioner is one of first impression. Hence, the case was referred to the court en banc for resolution. Amici curiae were invited to give comments on the said question.

Dean Jose Manuel Diokno of the De La Salle College of Law shared that the provision imposing an incremental penalty for the crime of estafa is unconstitutional for violating the equal protection clause. He provided a table outlining the rate of inflation from the 1932, the year the RPC was enacted, up to the present time. Diokno interposed that at the current rate of inflation, the fair rate for the incremental penalty would be at 1:100—meaning that the fair rate for an additional year of imprisonment at the current time should be pegged at PhP 100,000.

Meanwhile, Dean Sedfrey Candelaria of the Ateneo Law School stated that the assailed provision is partially constitutional, citing the case involving some Citibank employees, wherein the Supreme Court decided to void a provision in a law which would lead to oppression towards the workers.

It must be noted that estafa is categorized as a crime against property.

This implies that the gravity of the crime is determined by the value of the object or money swindled. At the time when the RPC was enacted in 1932, the value of the peso was considerably higher compared to its present value, wherein devaluations may have been caused by inflation. Thus during that period, an additional year of imprisonment for every PhP 10,000 that exceeded the price of PhP 22,000 could be considered as fair punishment for the crime of estafa.

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Transposing this to the prevailing currency levels, Corpuz would then serve a sentence similar to a person who swindles several millions of pesos. The provision for an incremental penalty for every Php10,000 creates absurdity.

Further, the aggregate length of Corpuz’ sentence, which is 18 years, is almost equal to the penalty imposed for the crime of homicide. This leads to a somewhat unreasonable situations wherein a crime against property is on equal footing with penalties for crimes against persons.

RPC in order for the penal code to truly reflect the current conditions and avoid penalties shocking to conscience. While our justices may be great mathematicians and social scientists, it is not for the Court to quantify the wisdom of our laws, lest this result to judicial activism. P

It is undeniable that the law should be dynamic and reflective of the societal context it operates in. The question raised

by Corpuz is not only novel, but one that has a wide range of implications. For instance, Article 311 of the RPC, which deals with theft, also provides the same rates for incremental penalties when deciding a convict’s period of imprisonment. Hence the same arguments may arise.

Ultimately, these provisions do not need to be voided or declared unconstitutional, as people who transgress the law must be meted out with penalities. However, the issues raised in Corpuz reveal the necessity to revise the

© www. theftestafa.com

LEGAL

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A PLAIN OF THEIR OWN: What happens after the expiration of CARPER?

By Frances L. Pabilane For several decades now, the plight of the Filipino farmers has reached plateaus of triumphs and valleys of failures— mostly based on the legal and sociopolitical fluctuations in the administration of agrarian reform. The issues on land acquisition and distribution have been heightened by the proactive participation of different societal sectors to bolster the claims of the Filipino farmworkers.

The broadcast and print media widely publicized the fate of the Sumilao farmers (most notably, their 1,700-kilometer march for agrarian justice from Sumilao, Bukidnon to Malacañan), and the farmworkers of Aurora who were affected by the creation of the Aurora Pacific Economic Zone (APECO).

The most recent and pressing concern in agrarian reform was the expiration of the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER) last June 30, 2014. It is a paradox in the agricultural sector that the legal basis of what the farmers have been fighting for, has just expired, even before the Filipino farmworkers found their way to the plain of consistency and stability—a plain they can till, cultivate and call their “own.”

Agrarian reform As an agricultural country, it is of utmost importance that the agricultural sector is given ample protection by Philippine laws. Agrarian reform has been a continuing concern in the Philippines.

Agrarian reform is a constitutional mandate and is protected by the highest law of the land. It is the policy of the State to promote a comprehensive rural development and agrarian reform.

Further, the agrarian reform program should be founded on the right of the farmers and farmworkers. It is noteworthy that the overarching goal of agrarian reform is countering the continued marginalization of the agricultural sector, thus ensuring that social justice is fully realized by Filipino farmers.

The constitutional recognition of the importance of the agrarian reform program was expressed in the charter’s transitory provision requiring the expropriation of agricultural lands, for distribution to the beneficiaries of the agrarian reform program, at the earliest possible time. To facilitate agrarian reform in the country, the Department of Agrarian Reform (DAR) was specifically created to implement agrarian laws and ensure the realization of this social policy.

CARP and CARPER The most important legal tool in the field of agrarian reform is the Comprehensive Agrarian Reform Program (CARP), which aimed to grant landless farmers and farmworkers ownership of agricultural lands. The basis of this program is Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988 (CARL).

The law placed the welfare of the landless farmers and farmworkers to receive the highest consideration, pursuant to the principle of social justice. Further, the policy of the State to promote a sound rural development and industrialization coincided with the principles behind the

CARP. The beneficiaries of the CARP include the landless farmers, agricultural lessees, tenants, seasonal and other farmworkers. The implementation of the CARP is a joint duty among many government agencies. The DAR and the Department of Environment and Natural Resources (DENR) are the lead agencies in this program as they are in charge of the identification and distribution of “CARPable” land.

The CARP was strengthened by Republic Act No. 9700, otherwise known as the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER). The CARPER extended the deadline for the distribution of agricultural lands to farmers for five years.

It has been five years since the amendatory law became effective on August 7, 2009. According to a commentary by Akbayan Representative Walden Bello (Philippine Daily Inquirer, June 10, 2014), the CARPER is a powerful law when the following provisions are taken into consideration: Sec. 5 of CARPER, amending Sec. 7 of CARL

Outlawed voluntary land transfer used by landlords to retain control of land via the “Stock Distribution Option” as a method of land redistribution Sec. 21 of P150 billion budget for CARPER, land acquisition and amending support services Sec. 63 of CARL Sec. 9 of Indefeasibility or nonCARPER, revocation of Certificates amending of Land Ownership Sec. 24 of Awards (CLOAs) and CARL Emancipation Patents (EPs) Sec. 23 of Immunity of DAR from CARPER, temporary restraining amending orders or injunctions in Sec. 68 of the implementation of the CARL agrarian reform program Sec. 22 of Irrigated and irrigable CARPER, lands as non-negotiable amending for land conversion Sec. 65 of CARL The most significant aspect of CARP to the Filipino farmers is land distribution.

Land distribution and acquisition is initiated by a Notice of Coverage (NOC), a letter informing a landowner that his/ her land is covered by CARP, and is subject to acquisition and distribution to beneficiaries. It likewise informs the landowner of his/her rights under the law, including the right to retain five hectares.

The issuance of the NOC is significant visà-vis the June 30, 2014 deadline because the law allows the continuation of land distribution proceedings as long as they have already been initiated.

Achievements of the CARPER The government released an update on the accomplishments in the field of agrarian reform, as of June 30, 2014. According to an Official Gazette issuance, “As of December 31, 2013, the government has acquired and distributed

6.9 million hectares of land, equivalent to 88% of the total land subject to CARP.” Of this area, the Aquino administration has distributed a total of 751,514 hectares from July 2010 to December 2013.

Despite the achievements of the CARPER up to date, the implementation of the program is not totally free from public scrutiny. Admittedly, the DAR recognizes the challenges posed by the full implementation of the CARPER. The agency cited the erroneous technical descriptions in the land titles as one of the barriers to the prompt distribution of land.

Titles to some land were also destroyed, necessitating court proceedings for the reissuance of titles. The legal process guaranteeing the landowners’ right to due process has also been cited as one of the hindrances to land distribution. An example would be when the landowners petition for exemption or exclusion of their lands from the ambit of the CARP. Expiration of the CARPER June 30, 2014 marked a significant day in the history of CARPER—the finish line. Section 5 of the CARPER Law provides for “the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30, 2014.” One interpretation of CARPER is that land acquisition and distribution shall be barred by June 30, 2014. This is based on the provision of Section 7 of the CARP Law, as amended by CARPER, saying that “land acquisition and distribution shall be completed by June 30, 2014 on a province-by-province basis.” Several socio-political movements lobbied for the full implementation of CARPER by extending the date to ensure that the “CARPable” lands are distributed to the beneficiaries under the law.

It is noteworthy that the CARPER Law also mandates that “any case and/or proceeding involving the implementation of the provisions of Republic Act No. 6657, as amended, which may remain pending on June 30, 2014 shall be allowed to proceed to its finality and be executed even beyond such date” (Sec. 30 of CARPER). Using this provision, the expiration date should be immaterial to the proceedings where the NOC have already been issued. The problem arises for the “CARPable lands” for which no NOC has been issued yet. There is a view that for cases wherein no NOC has been issued, the initiation of proceedings is forever barred due to the expiration of CARPER. As of press time, this remains to be a question that only an enabling law can solve.

A long way to go As a program enshrined in the Constitution, the end should not be defeated by mere legal limitations of expiration. Almost a million hectares of land has yet to be acquired by the government for distribution in the 20142016 period: 771,795 hectares and 134,857 hectares for DAR and DENR, respectively. The following table shows the target number of land hectares for distribution as released by the Official

© www.earthisland.org.

Gazette: Year Number of Hectares 2014 187,686 2015 198,631 2016 385,478 The target number of hectares schedule per year is not without any uncertainty, as 551,275 hectares of the CARPable landholdings to be distributed are considered workable, while 220,520 hectares are labelled as problematic. With an efficient and dedicated process, the future distribution will be a milestone success to the Filipino farmers and to the Philippine agricultural sector.

The distribution of agricultural lands to the landless farmers should be fully realized even after the date mandated by the law, in order to fulfill the intent of the highest law of the land. In fact, the nature of CARP as a continuing program is recognized by the Department of Justice (DOJ) Opinion 9, series of 1997, where it was mentioned that the program does not end until the scope and mandate is completed. The legal basis for the continuation of land acquisition and distribution is found in the CARPER Law. The aforementioned Section 30 of the CARPER Law provides that the landholdings with an issued NOC can be distributed even beyond the June 30, 2014 expiration.

The continuation of land distribution is supported by the DAR. Further, the 2014 General Appropriations Act also bolsters the continued distribution of land since there is still money appropriated for the program.

Despite the governmental support to the continuation of land distribution, it is undeniable that there are also challenges that counter the full realization of land distribution to the farmers. Cases are pending before the DAR Adjudication Board (DARAB) and judicial courts to revoke some issued Certificate of Land Ownership Awards (CLOA), based on the argument that the lands distributed were not covered by CARP. The law is bereft of an expiration period or legal limitation, other than those available in remedial law, on when the private landowners can assail the “CARPable” characteristic of their land. Once ruled by the courts as not “CARPable,” the farmers who were once victoriously awarded with CLOAs, might end up losing their rights.

An effective agrarian reform program is one that promotes the constitutional policy founded on the rights of farmers and farmworkers. In as much as several stakeholders also play a part in the implementation of CARP, a system of a just and fair land distribution should be the primary consideration. Certainly, agrarian reform and remedial laws should not be utilized as tools to defeat the rights of the farmers after they have fought a Herculean task of going against the legal system, the powerful landed elite and the “ineffectual bureaucracy” of the Philippine government. The Filipino farmers definitely deserve a plain of consistency and stability—a plain they can till, cultivate and call their own. P