University of the Philippines College of Law 2016 C O M M E N C E M E N T E X E R C I S E S 06.27.2016 | UNIVERSITY THEATER, U.P. DILIMAN, QUEZON CITY
UP COLLEGE OF LAW COMMENCEMENT RITES FOR CLASS OF 2016
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DEAN DANILO L. CONCEPCION’S SPEECH
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OMBUDSMAN TO UP LAW GRADS: BECOME GOOD LEADERS; GIVE HOPE
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COMMENCEMENT ADDRESS
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LIVING THE UP LAW LEGACY - VALEDICTORY ADDRESS
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UP LAW CLASS OF 2016
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EXCELLENCE IN LEGAL WRITING
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LIST OF AWARDEES
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UP COLLEGE OF LAW COMMENCEMENT RITES FOR CLASS OF 2016
The College of Law Commencement Exercises were held on 27 June 2016, at the UP Theatre for 120 law graduates, with parents and family in attendance. Paulo Emmanuel S.Tamase graduated Valedictorian (cum laude) and Gabriel Francisco D. Ruaro graduated Salutatorian. Seven other graduates earned the Dean’s Medal. Dean Danilo Concepcion congratulated the graduates and paid tribute to the parents and family giving due recognition to their role in the law student’s education. He then introduced members of the Law Faculty in attendance during the graduation rites. Dean Concepcion also said that it is time to “take a serious look at our legal education system.” He specifically made a case for re-examining the number of years of schooling a Filipino student undergoes, before he can begin to practice the law. He argued that this had implications for the practice of law and ultimately its effects on the justice system. [See Dean’s Speech, p.8] Honorable Conchita Carpio-Morales, Ombudsman, was conferred the degree of Doctor of Laws, honoris causa by the University. The Ombudsman, a retired Justice of the Supreme Court and a member of UP Law Class of 1948 delivered the keynote address. In her address, Dr. Carpio-Morales acknowledged that a UP Law degree opens doors for career opportunities but she reminded Class 2016, that how one survived as a lawyer depended entirely on one’s competencies and skills.
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She discussed how computer technology, the Internet, and social media now pervade the study of law and how these tools are being successfully utilized by the Judiciary and the Office of the Ombudsman in the workplace. She said “The practice of law has adapted to the changing times and embraced technological advancement in this esoteric field. Smartphones, tablets loaded with apps that aid in court calendar management, case law access, and transcription have become standard tools for lawyers and paralegals in and outside the courtroom, such that the pervasive use of mobile computing devices extends the workplace of lawyers to virtually anywhere.” Dr. Carpio-Morales proceeded to caution Class 2016 that “Technology may make you more efficient but it does not necessarily make you more decent; it makes you informed but it does not necessarily make you educated; it makes you sophisticated but it does not necessarily make you cultured.” She urged them as “future leaders of the country” to “know that the time honoured virtues of perseverance, integrity, industry, civility, and loyalty remain constant.” [See full text of “Keynote Address”]. Paolo Tamase delivered the valedictory for Class of 2016. He chose to speak on Living the UP Legacy, exhorting his classmates to pursue the “legacy of excellence,” legacy of honor” and legacy of “the grand manner” that a UP Law education implies. He distilled the essence of these three legacies into the pursuit of service and leadership when “protecting the Constitution,” in the practice of the Law profession [See full text of Living the UP Law Legacy, p. 22] The closing rite in the program was the induction of Class 2016 to the Law Alumni Association with Atty. Jose Perpetuo M. Lotilla, President of the UP Law Alumni Association, administering the Oath of Loyalty. Professor Ma. Gisella N. Dizon-Reyes, College Secretary, served as Master of Ceremonies for the event.
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DEAN DANILO CONCEPCION’S SPEECH
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Our Guest of Honor and Speaker, Ombudsman Conchita CarpioMorales, President Alfredo Pascual, Chairman Patricia Licuanan, Chancellor Michael Tan, Regent Georgina Encanto, Vice-Chancellor Fidel Nemenzo, Justice Aurora Lagman, Member of the Judicial and Bar Council, Former Justice V.V. Mendoza of the Supreme Court, the most Senior Associate Justice of the Supreme Court, Justice Antonio Carpio, President Victor Lazatin of the UP Law Alumni Association, Chairman Attorney Alfonso Reyno, distinguished guests, alumni, parents, friends, graduates of Class 2016, magandang hapon po sa inyong lahat. I welcome all of you to the University for the holding of the 2016 Commencement Exercises of the UP College of Law. Joining me in welcoming you are the members of the Law Faculty. I have the honor to present to you the members of the Law Faculty who are present this afternoon—the men and women who have devoted time and talent to the noble task of molding the minds of our students in the grand manner in order to make great lawyers. [Introduction of individual Faculty Members in attendance]. Una sa lahat, ako po ay lubos na nagagalak sa ating pagbati sa mga nagsipagtapos sa Kolehiyo ng Batas sa taong ito. Labis din ang aking pagbati at pasasalamat sa inyong mga magulang at mga mahal sa buhay na nagbata ng hindi ng hindi maihahambing na sakripisyo upang kayo ay makatapos sa inyong kurso. Kung kayo ay tatanggap ngayong hapon ng diploma, ang inyong mga magulang ay dapat naming tumanggap ng isang malaking medalya bilang pagkilala at pagpapahalaga sa kanilang mga sakripisyo. Palakpakan natin sila. Mga magulang, kayo po ay mga tunay na bayani. Sa araw na ito ipinagdiriwang natin ang pagtatapos ng isandaan at dalawampung mag-aaral ng Kolehiyo ng Batas. Sila ay nagsimula sa bilang na dalawandaan at apa’t napu. Dalawandaan at apa’t napung tinanggap ng aming Kolehiyo para mag-aral sa apat na taon. Sa apat na taong lumipas, karamihan sa isandaan at dalawampung ito ang nakatapos sa takdang panahon na apat na taon. Halos kalahati po ng aming mga estudyante ang nabibigo na maging abogado sa takdang panahon. Kaya po huwag kayong magtaka kung bakit kami ay umaasa na ang isandaan at dalawampung ito na dumaan sa mahigpit na mga pagsubok ay papasa sa Bar Exam ng walang sala. Kung ating pong bibilangin mula ng sila ay pumasok sa paaralan, ang mga taong kanilang ipinag-aral, sila po ay nagsunog ng kilay sa loob ng labinlima hanggang labimpitong taong singkad: pitong taon sa elementarya, apat na taon sa high school, apat na taon sa baccalaureate course
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sa kolehiyo, at apat na taong law proper. Ganito po kahaba ang panahong ginugugol ng isang mag-aaral upang makatapos ng kursong abogasya. Dito po ito sa ating bansa. Hindi po ganito ang sistema sa ibang bansa kung saan ang isang mag-aaral ay deretso sa law school mula sa high school. Kung idadagdag pa po natin ang isang taong pagrerepaso o bar review upang ang gradweyt ay makapasa sa Bar, dalawampu’t limang taon po ang edad ng isang bagong pasang abogado upang siya ay makahawak ng kaso at tumayo sa husgado. Kung isasama po natin ang dagdag na dalawang taon sang-ayon sa K-12 program, bente-siyete o bente-otso na po ang isang law student bago siya maging ganap na abogado. Sapagkat ang abogado ay isa sa mga hindi maiiwasang sangkap ng ating Justice Delivery System, malaki po ang epekto ng sobrang habang pag-aaral ng abogasya sa effective at efficient delivery of justice sa ating bansa. Sa Amerika, napatunayan ng isang ginawang pag-aaral sa Estado ng Ohio na mataas ang halaga ng legal fees na sinisingil ng isang abogado dahil napakalaki ng kaniyang ginastos upang maging isang abogado. Lumalaki ang gastos habang humahaba ang pag-aaral at upang makabawi ang nag-aral na nagiging abogado, lalaki ang sisingilin niyang legal fees. At habang nagkakaedad ang isang abogado, mas lumalaki ang kanyang pangangailangang medikal, umiikli ang kanyang panahon para sa kanyang gawaing legal. Kapag lahat po ng ito ay ating tinuos, lalabas na higit na mas mataas ang halaga ng bawat oras ng isang may-edad kumpara sa isang batang abogado. Hindi po maaaring sabihin ng isang abogadong nagtapos sa edad na bente-otso na siya ay may higit na karanasan sa isang abogadong nagtapos sa edad na bente-tres. Pareho po silang bagong gradweyt. I believe that now is the time to take a serious look at our legal education system and as the premier law school of the nation, the UP College of Law should be at the forefront of this initiative. Sa inyong lahat, magandang hapon po.
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Hindi po maaaring sabihin ng isang abogadong nagtapos sa edad na bente-otso na siya ay may higit na karanasan sa isang abogadong nagtapos sa edad na bente-tres. Pareho po silang bagong gradweyt. I believe that now is the time to take a serious look at our legal education system‌
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OMBUDSMAN TO UP LAW GRADS
BECOME GOOD LEADERS; GIVE HOPE
Highlighting corruption as the single biggest problem of the Philippines today, Ombudsman Conchita Carpio-Morales stressed the role of law in nation building in her speech delivered at the UP Law 2016 graduation ceremonies, held last June 27, 2016 at the University Theater. “How you use your knowledge of the law is what makes the difference. How you act with that license will be your character,” Carpio-Morales stated. The Ombudsman urged the UP Law graduates to give hope and to not use the law as a tool for oppression and exhorted them, as the nation’s future leaders, to “remain good in the purest sense of the word.”
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OMBUDSMAN CONCHITA CARPIO-MORALES’ ADDRESS
Dr. Alfredo Pascual, UP President, Dr. Patricia Licuanan, Chairman of the Commission on Higher Education and Chair of the University of the Philippines Board of Regents, members of the distinguished Board of Regents, Dean Danilo Concepcion of the UP College of Law, deans and members of the various faculties, graduating members of UP Law 2016, university students, alumni, proud parents, guests, ladies and gentlemen, magandang hapon po sa inyong lahat. Let me start by expressing my deepest appreciation to my cherished alma mater, the University of the Philippines, for conferring me today the degree of Doctor of Laws honoris causa. With utmost humility, I accept this distinguished recognition bestowed by this country’s premier institution of higher learning.
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Forty-eight years ago I was sitting there anxious and fretful, just like you, not knowing what life would bring and what destiny had in store for me. Yet, like you, a graduate of the UP College of Law, I was confident that no matter what curveballs would be thrown along the way, I was ready, able and willing to take on the journey. I share this honor with my family, friends, mentors, and colleagues who have been part of my sublime journey. I have come a long way, from my native town of Paoay, Ilocos Norte, because of their unstinting love, support, and belief in my capacities. This recognition goes far beyond what I had dreamed or imagined for myself in 1968, when I left Malcolm Hall. Looking back, I am fortunate to have worked with stellar guides during my career, starting with UP Law Dean, then Secretary of Justice, Vicente Abad Santos, who took me in as a Special Assistant. Secretary Abad Santos was later to be an Associate Justice of the Supreme Court. Of course, no other mentor had such a profound influence on me as a lawyer than my father who, as a judge of the Court of First Instance in Digos, Davao del Sur, constantly nagged me to join the judiciary. And join I did, in 1983, when I was appointed by his UP Law classmate President Ferdinand Marcos, as a Regional Trial Court judge in faraway Pili, Camarines Sur. My twenty-eight year journey took me to different posts – to the Pasay RTC, to the Court of Appeals, and finally to the Supreme Court where I retired in 2011. The leisurely retirement I had dreamed of would have to be a postponed pleasure as President Benigno Aquino III appointed me Ombudsman in July 2011. I likewise share this accolade with you ladies and gents of the UP 2016 Law. Allow me to call you my batchmates henceforth. Then and now, being a UP Law graduate pre-supposes that you have imbibed the twin virtues of honor and excellence, not only in your academic pursuit but your daily, ordinary tasks as well. You are distinguished because you were taught the law in the grand manner – the UP way, if you will. A UP diploma offers, or opens a plethora of opportunities to jumpstart your law career. In a way you are already assured of your employment and the only thing left difficult to do is to choose what firm or company you will be joining. A UP diploma, however, should never be about self-entitlement. I have come across UP graduates who have nothing to show but their diploma; your UP diploma only provides you the key to opening the door of opportunity, but whether you stay or overstay your welcome depends entirely on your competencies and skills. It should be obvious to you by now that graduates of other law schools would be more than eager to engage you and prove to you that they are far better.
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An alumnus of a particular law school has no monopoly of knowledge of the law. Surely your being a UP Law graduate does not give you the license to belittle the capabilities of graduates of other law schools. As I wrote eight years ago when I was still in the High Court, in Atty. Mane v. Judge Belen, and I quote, “An alumnus of a particular law school has no monopoly of knowledge of the law. By hurdling the Bar Examinations which this Court administers, taking of the Lawyer’s oath, and signing of the Roll of Attorneys, a lawyer is presumed to be competent to discharge his functions and duties as, inter alia, an officer of the court, irrespective of where he obtained his law degree. For a judge to determine the fitness or competence of a lawyer primarily on the basis of his alma mater is clearly an engagement in an argumentum ad hominem.” Remember that case. It might turn up as a question in this year’s Bar Examinations. Speaking of Bar Examinations, let me take this opportunity to extol the UP College of Law 2015 graduates for their exemplary performance in the last Bar Examinations. I am sure that this year’s batch is raring to come at par with, if not break, the 2015 benchmark. Credit should also go to your Dean, Danilo “Danicon” Concepcion, and a formidable faculty for ensuring that UP Law continues to be the best law school in the country. While I romanticize today’s commemoration, the reality is that your attention is fixed at this point on the Bar Examinations that will take place in November. Tomorrow, perhaps later tonight, some of you will hit the ground running and start the grueling review process. Nay, I would not be surprised if one of you today is recalling some codal provisions even as I speak. I am not the first to say that law school graduation ceremonies are bittersweet – these are fleeting formalities that take one’s mind off the stress of preparing for what is reputed to be the most challenging professional examination in the country. The ecstasy of passing the Bar is best remembered by lawyers once — more than the moment of receiving their law school diploma.
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Yet I implore you to soak up this special occasion and appreciate the time that your class and the whole law school celebrate and honor your collective victory. Your diploma is made of bits and pieces of important and integral parts of your four-year stay in Malcolm Hall – from your professors, to the administrative staff, to the security personnel, and even the photocopying machine attendants. Indeed, to paraphrase an African proverb, it takes a whole school to raise one fine law graduate. Forget about the pre-Bar review for now. Graduation from law school happens only once. Or as what millennials would say – “U-GO,” or ‘you only graduate once’.
I belong to a generation called “baby boomers” or those born between the 1940s and 1960s. Back then, we only had typewriters, hardbound compendiums and reports, crowded libraries, and brick and mortar bookstores to help us out in our daily activities and recitations. Now, for today’s generation, technology has substantially eased your burden, eliminated the cumbersome tasks, and allowed you to concentrate on the more important goals ahead. Jurisprudence and statutes can now be easily accessed via Lex Libris, WestLaw, LexisNexis, or Google. Now, discussions and annotations and the burning legal issues of the day are instantaneous, since loyal bloggers have immediate access to Supreme Court decisions and resolutions uploaded in its website uploaded in real time or that news organizations simply follow the Twitter, Facebook, or Instagram accounts of the judiciary and law enforcement agencies to be apprised of the 16
latest goings-on. The practice of law has adapted to the changing times and embraced technological advancement in this esoteric field. Smartphones, tablets loaded with apps that aid in court calendar management, case law access, and transcription have become standard tools for lawyers and paralegals in and outside the courtroom, such that the pervasive use of mobile computing devices extends the workplace of lawyers to virtually anywhere. Readily accessible online services, such as Rocket Lawyer and Legal Zoom, provide templates for the public to have access to legal forms and documents for easy referencing and printing. Just last month, I have read, that one of the biggest law firms in the US, Baker and Hostetler hired ROSS – the world’s first artificially intelligent lawyer—developed by IBM Watson for its bankruptcy practice. Yes, you heard that right – artificially intelligent lawyers now have competition. ROSS can be asked research questions in the natural language as though you were talking to a human colleague and it churns out a more precise, evidence-based answer. There can even be an analytics service being offered where lawyers can mine data and research through every decision or resolution made by a particular judge to suit his arguments, allowing the practitioner to craft the best strategy for his client before even filing a pleading or arguing a motion before the court. I think such service would best suit lawyers handling nullity or annulment cases for them to know where best to file their petitions. I won’t be surprised if one day we will see a law firm in the build of Uber and AirBnB with a virtual law practice that is able to offer services globally at a lower cost without directly employing any associate or paralegal. Indeed, technology has leveled the playing field, so to speak, by empowering small firms or sole practitioners to establish a larger presence online via social media sites such as Facebook, Twitter, and LinkedIn. Social media today has changed the way people communicate and market their ideas and services. As the Arab Spring has shown, social media is now the most effective means to spread information around the globe. Just last election, President-elect Rodrigo Duterte admitted that a big part of the success of his campaign is attributed to effective use of social media strategies. Propaganda is spread to millions in a matter of seconds and governments are made or destroyed in the context by which their messages and programs are packaged in their respective websites or social media accounts. Social media may well be the great equalizer, as it gives the people a powerful platform to effect change and influence political decisions. Information sharing among communities or countries has helped millions combat calamities, diseases, disasters, and direct aid or relief where
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most needed. Traffic has become a tad bearable through live time information relayed via social media or apps in smartphones. This growing power of information over the Internet is what the office of the Ombudsman would want to maximize. Our field investigators have taken to social media sites to supplement ongoing investigations on lifestyle checks and forfeiture cases. But more than making the work of our investigators easier, social media should empower our citizenry to be proactive partners in governance and advocacy. This is to make anti-corruption and transparency work as not the exclusive mandate of the Ombudsman and other law enforcement agencies, but of every Filipino. People from all walks of life now can be Ombudsman in their own right and be vanguards against the ugly faces of corruption. Right now, the official website of the Office accepts online complaints, requests for assistance as well as requests for Ombudsman clearances. Our Facebook and Twitter accounts provide venues for the public to better communicate their concerns, comments, and complaints. In 2012, the Office of the Ombudsman implemented its complaints and case monitoring system or CCMS to improve our efficiency and responsiveness in the handling and monitoring of cases and complaints. The CCMS centralizes data of different offices and sectors and gives a platform that can efficiently generate reports and track status of cases. Just this year we have rolled out the implementation of the prosecution monitoring system, or PROMIS, a complementary monitoring platform designed to track updates
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of Ombudsman cases pending before the Sandiganbayan and the regular courts. Five years into my seven-year term, forgive me for immodesty, when I tell you that much has been done. At the time I assumed office in 2011, the Ombudsman was beset with 19,814 pending criminal and administrative cases. To address the backlog, the office rationalized its case evaluation records management system in 2012 and effectively reduced its intake by weeding out frivolous and unmeritorious complaints at the first instance. The result is that we were able to direct our resources to resolving pending cases and significantly reduce our total workload by one-half. In 2015, total pending cases were down to a more manageable 7,328 cases. There is of course, still room for improvement as we aim to further reduce our pending cases by one-half this year as well as target a zero backlog in 2018, when my term expires. Corruption, I believe, remains the single biggest problem besetting the country today. While we have in the past years consistently moved up in the rankings in the corruption perception index, and other governance indicators, such as the SWNet sincerity ratings in fighting corruption and the MBC Executive Survey Outlook, much remains to be addressed. The mandate of the office became all the more challenging in light of the recent decision of the Supreme Court in Morales v. Court of Appeals and Binay where it declared the ineffectiveness and unconstitutionality of the first and second paragraphs respectively of Section 14 of the Ombudsman Act. Resultantly, we now see a spate of Temporary Restraining Orders or TROs and
injunctions being issued by the appellate courts against our administrative investigations and findings. This effectively stymied the policy of limiting judicial interference in the conduct of Ombudsman investigations, thus further undermining the role of the Office as protector of the people. Moreover, in addition to the pending cases and anti-corruption programs, the Office has to contend with undeserved accusations of partiality and selectiveness against members of the opposition. The Office is not perturbed, however. Such accusations are par for the course. It bears emphasis that we adjudicate only on the basis of the evidence presented to us. That corruption is commonly observed to be increasingly becoming systemic is valid. No matter how many people we hold liable, no matter how many government officials we send to jail, if the system remains uncured, the vicious cycle of corruption will not stop. The ill-fated system itself will breed the next generation of corrupt leaders, unless something is done with the roots. As there is yet no absolute cure to corruption, prevention appears to be the only remedy against the spreading of this social malady. The nation is thus banking on your generation to keep in mind and heart the virtue of love of country, as you become the nation’s future leaders. The country does not need the best leaders — for more often than not, they become “best” after engaging themselves in shady compromises and illicit activities. It is enough that leaders remain good in the purest sense of the word. Baby boomers and millennials may have been born in different eras and raised in markedly different environments. Whatever generation you are
The country does not need the best leaders — for more often than not, they become “best” after engaging themselves in shady compromises and illicit activities. It is enough that leaders remain good in the purest sense of the word. 19
born in, know that the time-honored virtues of perseverance, integrity, industry, civility and loyalty will remain constant. We cannot say that our generation is better than yours or that yours is better than ours. Technology is relative and it does not change the way how life should be lived. Technology makes you efficient, but it does not necessarily make you decent. It makes you informed, but it does not necessarily make you educated. It makes you sophisticated, but it does not necessarily make you cultured. You will not just become the next generation of leaders. You will also be the next generation of parents. I urge you to embrace your more important role as parents, which is to educate your children and not merely to entertain them. The world — the virtual world — would seem more exciting especially for the young today. The challenge really is to make the real world equally, if not more, engaging for them. The next generation should be able to personally interact with you and freely discuss everything from their grand aspirations and their passions down to their mundane concerns and anxieties. Yes, it should be personal — and not through obnoxious memes, hashtags, or 140-character weekly tweets — really just like in the good old days. As I am about to wind up my speech, I recall the lines of Ralph Waldo Emerson in his poem “A Nation’s Strength” as an apt reminder of our collective responsibility to this great nation; they go: “Not gold but only men can make/ A people great and strong;/ Men who for truth and honor’s sake/ Stand fast and suffer long./ Brave men who work while others sleep,/ Who dare while others fly.../ They build a nation’s pillars deep.” Do you remember what your answer was when you were new in the college – why do you want to take up law, or why do you want to be a lawyer? Know that there is no right answer to the question. But know as well that having the license the practice law is an extraordinarily powerful tool. How you use your knowledge of the law is what makes the difference. How you act with that license will be your character. My supplication to you members of the UP Law 2016 is to give someone hope when hope is lost, not to turn law into an instrument of oppression, and to be true to one’s ideals. These are the basic responsibilities in nation building – our onus, not only as lawyers but as simple citizens. Truth be told, start living your dream. UP has done its part. It is now your turn. Maraming salamat po.
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LIVING THE UP LAW LEGACY VALEDICTORY ADDRESS PAULO TAMASE Madame Ombudsman; Honorable Justices and Retired Justices of the Supreme Court; Chair Licuanan, President Pascual, Chancellor Tan, and the officials of the University; Dean Concepcion and the College of Law Faculty; Distinguished guests, friends, loved ones; My fellow graduates; Ladies and gentlemen: Good afternoon. Maayong hapon sa kaninyong tanan. Late last night, I was engaged in the pre-bedtime ritual of millennials, which is thumbing through Facebook. The University Commencement was held yesterday morning, and amidst the flurry of sweat, sunflowers, and sablays on my news feed, one photo stood out: it was Martin Lagmay and his parents standing in front of the “Grand Manner” inscription at the Malcolm Hall Lobby. One of the comments was by Doms Gana, inviting Martin’s family to a “joint legacy picture” during today’s rites. (For those who do not know, both fathers and mothers of Doms and Martin are proud graduates of this College, making their children “legacies.”) That exchange made me think of the concept of “legacy” and its many different meanings. For one, colloquially, “legacy” refers to someone who has gone to the same school as her parents or grandparents. In this sense, the term connotes a certain privilege. Yet whether we are third-generation legacies or the first to graduate from UP Law in our families, all of us who received our degrees ought to recognize the status these purple tassels
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represent. Graduation from the best law school in the country gives us access to the widest professional network. It is the reason why, in slightly intoxicated conversations with friends outside the legal community, we enjoy some semblance of prima facie correctness as to legal questions (one which, to be clear, we should never seek to exploit). But even as we celebrate our personal achievements this afternoon, we also honor our professors and mentors, and our parents, families, friends, and loved ones who stood by us through four or more years of ill tempers and mood swings. This is their graduation as much as it is ours. “Legacy,” in its broader sense, also means an inheritance left to the next generation. In civil law, a legacy is a transfer of specific personal property by will. In this sense, the property, right, or interest, once transferred, generally becomes fully owned by the transferee who may enjoy, destroy, and dispose of it as she pleases. This is what I want to speak about this afternoon, at this very moment we inherit the UP Law legacy. The threshold question, of course, is what is the legacy of UP Law? Today, we count ourselves among four Philippine presidents, 13 of 24 chief justices, the plurality of the Supreme Court’s associate justices, members of Congress, the founders of the country’s top law firms, and legal experts, academicians, and jurists both here and abroad. Like us, they were also awarded degrees by this College after years of parsing statutes, dissecting cases, and preparing for recitations, some of which were delivered before the very professors on this stage. However, these men and women, great as they are, are not per se the legacy of UP Law — they do not “pass” to us, and instead are our fellow heirs. Allow me then to discuss what, I submit, are the three most important aspects of this bequest. First, the legacy of Excellence. Even before we set foot in Malcolm Hall as doe-eyed freshmen, the College had already insisted on a certain intellectual capacity for those who would benefit from the public funding all UP Law students receive. The Law Aptitude Examination remains the most competitive law school admission test in the country, and was designed to ensure that, to borrow a phrase from the Jesuits, quamplurimi et quam aptissimi — “as many as possible of the very best” are enrolled. As we progressed through law school, the College then required from us the work ethic reflective of the academic output its faculty and alumni produce. Moreover, the instructional and scholarly methodology of the College placed much importance not only on knowing what the law is, but also discerning what the law could or should be. It is this thirst for a deeper understanding and 24
appreciation of the law that has set generations of UP Law students and graduates apart from their respective contemporaries. And yet, in keeping with this spirit of excellence, it would not do justice to this legacy for us to simply rest on our laurels, content in our status as UP Law graduates. Today, our community faces the challenge of making legal scholarship more relevant in an ever-changing world. Law does not exist in a vacuum, and there appears to be a need for our scholars to engage in interdisciplinary research to catch up with rapid changes in society. It is a great source of pride for our class that some of our fellow graduates have begun to do this, applying their undergraduate knowledge in analyzing legal problems and issues in their academic papers. Hence, as we leave Malcolm Hall equipped with the scholarly faculties needed to push law beyond current boundaries, it is my hope that even in practice we will not desist from examining law under different lights. I am confident that it is a hope the rest of the graduating class shares.
Above: Paulo Tamase stands in the middle as the Editor-in-Chief of the Philippine Law Journal for its 88th volume in 2014, along with the other PLJ staff members.
Second, the legacy of Honor. More important than excellence, the College has left us with a legacy of honor. Perhaps unlike other institutions, this was passed on to us not through words, but through actions and gestures. For instance, most of us enrolled in the College just a few months after thirty-seven (37) of our professors were ordered by the Supreme Court to explain why they should not be held in contempt for speaking out against the alleged plagiarism in Vinuya v. The Executive Secretary. That order became mandatory reading in our Ethics classes and a reminder to us
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Even the graduates of this College would be hard-pressed to find solutions that would elevate the rule of law when it seems to have lost its utility to the ordinary man on the street. But the leadership of our graduates is precisely what is needed in this climate of hopelessness and resignation.
of how exacting our faculty is when it comes to intellectual dishonesty or negligence. It goes without saying that to remain honorable is easier done in law school than in the legal profession. Lawyers, by the nature of their work and the economic cost of their services, are often made to work in the grey, juggling ethical questions in each and every case they handle. That it is difficult to take care of this legacy of honor does not mean that it is impossible. As classmates, more than committing to coddle a blockmate or a fraternity brod from the consequences of dishonesty, we ought to be proactive in preventing it and, if necessary, be the first ones to call our own friends out. Ensuring that this legacy survives for the sake of future generations obliges us to understand that every peso stolen or paid as a bribe is an act of disloyalty against the people who paid for our UP education. This is why, in this University, excellence without honor is not excellence at all. Third and finally, the legacy of the “grand manner.” The words etched by Batch 1955 on the wall outside Malcolm Theater are words etched in the heart of every UP Law graduate. Spoken by Justice Holmes, they read: The business of a law school is not sufficiently described when you merely say that it is to teach law or to make lawyers. It is to teach law in the grand manner and to make great lawyers. In welcoming the past two freshman classes, I have equated this concept of the “grand manner” to, simply, honor and excellence. In hindsight, that overly simplistic equation betrayed an imperfect appreciation of what “grand manner” possibly really means. Honor and excellence, while noble
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and arduous by themselves, do not capture the special place the College has not only in our University community, but also in our society. Thus, “Grand manner,” I now humbly submit, is not only honor and excellence, but also service and leadership. To be taught in the grand manner is to be taught service. UP Law again is unique in that it requires internship in the Office of Legal Aid (or OLA), which provides free legal assistance to indigent clients. That alternatives have been offered to the batch has not discouraged almost everyone from spending at least one semester in OLA, giving clients legal advice, drafting pleadings, attending hearings, and doing fact research — all without charge. But beyond OLA, one might ask where this legacy can still be manifested. This, I believe, is where service goes hand-in-hand with leadership. This is not simply leadership in government or in the private sector, but leadership in protecting the Constitution. Our country today is in the midst of great social change. The political rhetoric has been so toxic that it has appeared to sanction, if not encourage, extrajudicial killings, with local mayors offering bounties for the bodies of alleged criminals. Just last month, a corpse was found in Cebu wrapped in a garbage bag and tape, with the sign “tulisan ko” (“I am a robber,” in Cebuano). Reports later showed that the body was not that of a suspected robber, but a [known] homosexual. And yet instead of condemnation, the population has appeared to support these vigilante acts, just as it has almost decided to elect the scion of a dictator who is as infamous for the human rights abuses perpetuated during his time as he is for the billions of dollars of public loans he took to finance the lifestyles of his family and friends. He and his cohorts are still to be held fully accountable. Even the graduates of this College would be hard-pressed to find solutions that would elevate the rule of law when it seems to have lost its utility to the ordinary man on the street. But the leadership of our graduates is precisely what is needed in this climate of hopelessness and resignation. Hence, should human rights abuses rise, should our fellow citizens start disappearing, and should fear take a hold of our country, we must be the first to file the petitions for amparo and habeas corpus, and to speak about the unacceptability of vigilantism. After all, as would-be lawyers, our loyalty is not to a specific person or family. We do not owe it to a particular ideology or belief. As would-be lawyers, our loyalty first and foremost belongs to our country and its Constitution. And that means that, when our own idols or allies begin to disregard human rights in the guise of swift solutions to problems deeply-rooted in society, we ought to be the first to stand up and say that that cannot be. Needless to say, this most difficult part
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of the UP Law legacy we inherit today requires our solidarity as a class and as a Community. Today, we leave the College as keepers of this legacy, as proud graduates taught excellence, honor, and in the grand manner. Or have we really? One of the more poignant scenes from Return of the Jedi was when Luke Skywalker, after rescuing Han Solo from carbonite captivity in Tatooine, returned to Dagobah. What he met was a visibly aged and weakened Yoda, nearing the end of his life. When Luke begged Yoda not to go because he was there to complete his training, Yoda told him that he no longer needed it. At first, Luke thought that Yoda meant his training was already complete: “Then I am a Jedi,” he said. But Yoda cut him short and told him, “Not yet. One thing remains: Vader. You must…confront…Vader. Then, only then, a Jedi, will you be.” Tonight, when we leave this Theater with our degrees, we might be tempted to think, like Luke, that after four [or more] years of hard work, we have finally completed our training and can call ourselves UP lawyers. But it would be best to remind ourselves that this is not yet so — at least not until we confront our Vaders. [And] this is not even just about the bar examinations.
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In Return of the Jedi, Vader represented the true dark past of Luke’s family. Our College is arguably the single most influential educational institution in the Philippines: we produced the fathers of our basic laws, and have built its legal infrastructure. Yet we must remember that some of the great men and women we have produced are themselves the architects of Martial Law and the Pork Barrel Scam, and now head the cover-up of these serious atrocities against a nation still mired in poverty. I humbly submit that it is incumbent on the College to take a principled stand, to own up to the damage our community has possibly caused the country [in the relentless but blind pursuit of excellence], and to commit to correcting it. As to us, fellow graduates, confronting our Vaders means not only passing the bar examinations, but also facing the realities of the legal profession without succumbing to the seemingly inevitable. We can practice law with honor. We can feed our families while building the country. And we can go places without leaving our principles behind. When we confront the Vaders, only then would we have done justice to our UP Law legacy. Only then can we say that we have been taught law in the grand manner and have become great lawyers. Maraming salamat, UP Law. Isang mapagpalayang gabi sa inyong lahat.
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THE CLASS OF 2016
AGBAYANI, JOHN GLENN JR. CABRERA AGLIAM, LORELY CHRISTINE ROMAN AGUINALDO, MA. JANELLI ERIKA KABIGTING* AGUSTIN, DIANE ANGELINE TORRES ALEGRE, JAN CATHERINE IBANA APACIBLE, ALYANNA PAULINE CACDAC AQUINO, MARIANNE SENIN AZORES, JERIC ANNE ANDAMO BAREO, JANINE RUE PATAG BARRETTO, MIGUEL ANGELO TANSENGCO BARRIENTOS, JASPER ALLEN BANZON BA YONA, NORLEGEN LAMAR BENOSA, MARIA EMILYNDA JEDDAHLYN PIA VIBAR BRIGOLA, MARIA JANICA VILLAS
UP LAW CLASS OF 2016
ABDULLAH, SOMAYYAH SARIP
BUENAGUA, JOSE BARTHOLOMEW BOSITO CADORNA, DIANNE IRISH AMACIO* CAGAHASTIAN, DAVID RICARDO SAMEDRA CALDERON,GERARD LARRABASTER CALLEJA, GABRIEL STEPHEN REYES CAÑETE, NEMESIO II BAL CANLAS, JACQUELINE ESCALANTE CANTOS, JOAN REINA LITAN CARBONELL, PATRICK CHRIS DE GUZMAN CARLOTA, AMANDA JOSEPHINE TABUJARA CASILA, MA. ERIKA AMOR DEVERATURDA CASTELO, ENRICO EDMUNDO II DE BELEN CHUA, CARMELA BALIN CHUA, DAWN CLARISSE TAN CHUNGALAO, MODESTA APESA HORA CRISTOBAL, MELY ANN EMERIE ARROYO
* Dean’s Medal for Academic Excellence 31
UP LAW CLASS OF 2016
CRUZ-YAP, MARY GRACE DEL ROSARIO CRUZ, JOHN NOWELL REYES CRUZ, KARL RAYMOND DE JESUS DAYOG, JOHN EDWARD LEE FERNANDEZ DE CASTRO, MICHAEL CHRISTOPHER CHA VEZ DE GUZMAN, JOYCE DIANNE JOSE DE GUZMAN, MA. CELINE ANGELA KATIGBAK DE LEON, CLAIRE DEALINO, JOSE ANICETO DAVID SALOMON DEL ROSARIO, RALPH GABRIELLE DUNGO DIAZ, GERARDO JR. JIMENEZ DILAG, JOCEL ISIDRO SILVA DOLOT, DIANE JANE DENZON ENAD, JULIE ANN MARCELO ESPAÑOLA, AMAPOLA JINANG ESPINAL, MYLENE MOLO FABELLA, LINDSEY SUPREMO FERNANDEZ, GEMMO BAUTISTA FLORES, ANNA CRISELDA HERNANDEZ FLORES, CASIANO III VICEDO GAIRANOD, PAULINE MARIE ROQUE GALURA, VICTOR ANGELO LAPUS GAN, MARGARET PERALTA* GANA, DOMINIQUE MARIE AKIO THERESE PIMENTEL* GARCHITORENA, MONICA YUSON GARCIA, JOSELITOLEE SOBREMONTE GO, CARLO MIGUEL ROMEO SISON GONZALES, ROSE ANN JOY VENTURA GUIDOTE, ISABEL LINDO HERMOSISIMA, CHRISTOPHER ALBERT CAMPOS
* Dean’s Medal for Academic Excellence 32
IGNACIO, EUNICE ANNE CAPANANG* LAGMAY, MARTIN ALFREDO BENJAMIN TOMELDEN LAMARCA, POLA LIA CELINA LLANES LAO, PERRY EVAN CHIONG LEYNES, EUGENIO MACEDA LICAROS, ANDRES III LUY LIM, JORDAN ANDREW QUE LUCAS, MA. KATRINA FERNANDO LUCIANO, NOEL CHRISTIAN OLILA MAGAT, RUTH CHRISSA GUANZON MANALO, KRISTINE MAE CANLAS MANALO, MANFRED NEALE MENDOZA MARCELO, JEROME BRIAN TORREFIEL MARCELO, KARA CHRISELLE SABINO
UP LAW CLASS OF 2016
HIPOLITO, MELISSA JEAN GUILAS
MARFIL, JUDE AMADEUS RECIO MARIANO, PATRICIA LUZ MAGAT MARIN, JOSE CARLOS PASCUAL MENDOZA, ALDRICK DAVEN MARCIANO MOLAVE, KENNETH PETER DOLLANO MONDRAGON, MARY GRETCHEN SILOS NUÑEZ, MICHAEL TRANCE JOSEPH MAMINTA ORTIZ, LAWRENCE GERARD TUASON OSTERIA, MA. CLARISSE SANTOS PABILLORE, JONATHAN ACAYLAR PAGDANGANAN, CARLOS LORENZO BENGZON PANGALANGAN, RAPHAEL LORENZO AGUILING PARUNGAO, PAULINA MARIA BRAGANZA PIEDRA, ANGELO FRANCISCO BOAYES POBLADOR, CARLOS VIKTOR OSORIO
* Dean’s Medal for Academic Excellence 33
UP LAW CLASS OF 2016
PORNILLOS, ANSIS REYHAN VICTOR VILLALON QUIAMBAO, LAURIE CHRISTINE PUZON QUILALA, PAOLO MIKAEL EVIDENTE RAMOS, ALEXIS JOHN SAMSON RAÑESES, ROBERTO MIGUEL ORTEGA RAYOS DEL SOL, BETTINA JEAN EVANGELISTA RECTO, MARA KRISTINA OROSA RESURRECCION, EFREN II RULLAN REYES, NASHA JEMIMAH REYES REYNES, ANTONIO BONIFACIO CRISTOBAL ROMAN, CARLO AUGUSTINE AGCAOILI RUARO, GABRIEL FRANCISCO DAVID* RUIZ, RENZ JEFFREY AQUINO SANTOS, HANS CEDRIC INTON SITON, MARIE FE BIASON TACASON, RACHEL KATE DIAZ TALLEDO, DONNA SILVERIO TAMASE, PAOLO EMMANUEL SALAS*, cum laude TAN DE GUZMAN, JECHEL LAO TEH, SHELAN JANE DELA CRUZ TIANGCO, MA. VICTORIA ANGELES TUGADE, RUBY ROSSELLE LORENZO UGALINO, KATRINA RAQUEPO UYTICO, CLARK EDWARD RUNES VARGAS, PAOLA MARIE BRINGAS VIDA, JOHN MICHAEL GABRIEL NAVARRO VILLAMIN, KATHLEEN MAE MIRASOL VILLARROYA, VINA MARIE SOLANOY YANEZA, JEANE BENALDA RUTH MANLANGIT YANG, DARYL ANNE ERASMO
* Dean’s Medal for Academic Excellence 34
(BEST PAPER IN CONSTITUTIONAL LAW) Charting the Waters of Constitutional Construction: A Function-Based Framework for Appreciating Our Constitutional State Policies Efren R. Resurreccion II FLERIDA RUTH P. ROMERO PRIZE (BEST PAPER IN FAMILY LAW) #Love Wins: Stimulating the Institution of Property Relations for Same-Sex Partners Jocel Isidro S. Dilag JULIANA RICALDE PRIZE (BEST PAPER IN TAXATION) How Short Sales Circumvent the Capital Gains Tax System Russell Stanley Q. Geronimo PERFECTO V. FERNANDEZ (BEST PAPER IN LABOR LAW)
EXCELLENCE IN LEGAL WRITING
IRENE R. CORTES PRIZE
Enrichment Pending Appeal: Re-Examining Article 229 [223] of the Labor Code Lawrence Gerard T. Ortiz FROILAN M. BACUÑGAN PRIZE (BEST PAPER IN FREEDOM OF EXPRESSION) Spaces and Responsibilities: A Review of Foreign Laws and an Analysis of Philippine Laws on Intermediary Liability Gemmo B. Fernandez Raphael Lorenzo A. Pangalangan
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EXCELLENCE IN LEGAL WRITINGÂ 36
BIENVENIDO C. AMBION PRIZE (BEST PAPER IN PRIVATE INTERNATIONAL LAW) Clicking and Unclicking Into Marriage: A Conflict of Laws Analysis on the Validity of Modern Foreign Marriages Involving Filipino Citizens Jude Amadeus R. Marfil ROBERTO SABIDO BEST PAPER The Tunnel Before the Light: The Role of Amparo in the Philippine Framework of Human Rights Pola Lia Celina L. Larnarca
Hans Cedric I. Santos Joselitolee S. Garcia VIOLETA CALVO DRILON-ACCRALAW SCHOLARSHIP MERIT AWARD Lawrence Gerard T. Ortiz, Leadership Award Paolo Emmanuel S. Tamase, Highest Senior Legal Writing Award PHILIP C. JESSUP INTERNATIONAL LAW MOOT COURT COMPETITION Enrico Edmundo D. Castelo II, Member, AY 2013-14 Modesta Apesa H. Chungalao, Captain, AY 2015-16
LIST OF AWARDEES
GONZALO W. GONZALEZ MOST OUTSTANDING LAW INTERNS
Gemmo B. Fernandez, Member, AY 2014-15 Noel Christian O. Luciano, Member, AY 2015-16 Paolo Emmanuel S. Tamase, Member, AY 2014-15 CONCOURS JEAN-PICTET INTERNATIONAL HUMANITARIAN LAW MOOT Maria Emilynda Jeddahlyn Pia V. Benosa, Captain, AY 2014-15 STETSON INTERNATIONAL ENVIRONMENTAL MOOT COURT COMPETITION Jan Catherine I. Alegre, Member, AY 2013-14; AY 2014-15 Andres L. Licaros III, Member, AY 2013-14; Captain, AY 2014-15 Paulina Maria B. Parungao, Member, AY 2013-14 ASIA CUP MOOT COURT COMPETITION Dawn Clarisse T. Chua, Member, AY 2015-16 Pauline Marie R. Gairanod, Member, AY 2012-13 Andres L. Licaros Ill, Member, AY 2012-13; Captain, AY 2015-16 Jonathan A. Pabillore, Member, AY 2012-13 NELSON MANDELA WORLD HUMAN RIGHTS MOOT COURT COMPETITION Maria Emilynda Jeddahlyn Pia V. Benosa, Co-Captain, AY 2015-16 Gemmo B. Fernandez, Co-Captain, AY 2015-16 37
LIST OF AWARDEES
MONROE E. PRICE MEDIA LAW MOOT COURT COMPETITION Jose Bartholomew B. Buenagua, Member, AY 2013-2014 Dawn Clarisse T. Chua, Captain, AY 2015-16 Modesta Apesa H. Chungalao, Captain, AY 2013-14; Member, AY 2014-15 Gemmo B. Fernandez, Member, AY 2014-15 Pauline Marie R. Gairanod, Co-Captain, AY 2014-15 Jonathan A. Pabillore, Member, AY 20l3-14 Raphael Lorenzo A. Pangalangan, Member, AY 2014-15 INTERNATIONAL CRIMINAL COURT MOOT COMPETITION Gemmo B. Fernandez, Co-Captain, AY 2015-16 Raphael Lorenzo A. Pangalangan, Co-Captain, AY 2015-16 Jechel L. Tan De Guzman, Member, AY 2015-16 INTERNATIONAL COMMITTEE OF THE RED CROSS INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION Gabriel Stephen R. Calleja, Member, AY 2014-15 Pauline Marie R. Gairanod, Member, AY 2012-13 Jonathan A. Pabillore, Member, AY 2013-14 Modesta Apesa H. Chungalao, Member, AY 20l3-14 MEMBERS OF THE EDITORIAL BOARD OF THE PHILIPPINE LAW JOURNAL John Glenn C. Agbayani Jr., Member, AY 2014-2015 Enrico Edmundo D. Castelo II, Member, AY 2014-2015 Diane Jane D. Dolot, Member, AY 2014-2015 Efren R. Resurreccion II, Member, AY 2013-2014 Antonio Bonifacio C. Reynes, Member, AY 2013-2014 Paolo Emmanuel S. Tamase, Chair, AY 2013-2014 Ruby Rosselle L. Tugade, Vice-Chair, AY 2013-2014
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LAW STUDENT GOVERNMENT John Glenn C. Agbayani Jr., Treasurer, AY 2014-15 Jose Bartholomew B. Buenagua, Third Year Representative, AY 2014-15 Patrick Chris DG. Carbonell, First Year Representative, AY 2011-12
Public Relations Officer, AY 2012-13
Pola Lia Celina L. Lamarca, Fourth Year Representative, AY 2015-16 Aldrick Daven M. Mendoza, Evening Representative, AY 2014-15
College Representative to the University Student Council, AY 2015-16
Lawrence Gerard T. Ortiz, Second Year Representative, AY 2013-2014
Internal Vice President, AY 2014-2015, President, AY 2015-16
LIST OF AWARDEES
DEAN’S SERVICE AWARD
Carlos Lorenzo B. Pagdanganan, Third Year Representative, AY 2014-15
Internal Vice President, AY 2015-16
Raphael Lorenzo A. Pangalangan, Second Year Representative, AY 2013-14 Roberto Miguel O. Rañeses, Fourth Year Representative, AY 2014-15 Efren R. Resurreccion II, Fourth Year Representative, AY 2015-16 Antonio Bonifacio C. Reynes, Treasurer, AY 2013-14;
External Vice President, AY 2015-16
Carlo Augustine A. Roman, First Year Representative, AY 2012-2013;
Public Relations Officer, AY 2013-14; External Vice President, AY 2014-15
Daryl Anne E. Yang, Secretary, AY 2014-15 UNIVERSITY STUDENT COUNCIL Pola Lia Celina L. Lamarca, Councilor, AY 2014-15 BAR OPERATIONS COMMISSION Jocel Isidro S. Dilag, Commissioner, AY 2015-16
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University of the Philippines College of Law 2016 Commencement Exercises
Published by the Information and Publications Division University of the Philippines Law Center Bocobo Hall, U.P. Diliman, Quezon City 1101