Whats Inside?

DEANS CORNER...3
Ideal Ethics amongst Law Professors to steer by

LSG BULLETIN...4
Kudos to this Years MSU-Law Bar Operations Committee and Volunteers!

As an Editor- in-Chief of the Law Gazette, it is very hard for me to accept the title-maybe because of having a hectic time as an employee and a college of law student or perhaps, I am afraid that I am not good enough to have the title. To assume this task, I believe that it is a challenge; it requires intellect, hard work, time and sacrifices. I joined the Law Gazette without any notion of eventually landing to this position. Thus, despite the hesitations to accept this throne, I should not frustrate my staff and those who believe in me for entrusting the titleyet, I dare the penalty of impediments that I might be facing as EIC. Way back then when I was a mere writer, I see no difficulty in managing the gazette for all I have to do is to submit the articles assigned for me and wait for its release. But now it is a saddle, you dont just think of your articles but you are obliged to manage and monitor the demands and wants of your members as well as the readers. Hence, we ask your understanding and forgiveness for the delay of our publication. Theres no need to narrate why because almost majority of us from the college are aware with the crisis that weve been through to get the allotted funds for the gazette (both from 1 st and 2nd semesters of the A.Y. 2012-2013). To our colleagues and to our dear professors, we encourage your comments, suggestions and criticisms by having them for the improvements of the gazette. You are intrinsically good critiques. We may not be good writers to you and grammarians but be reminded of the painstaking and efforts of a writer to come up with a simple article. To be a writer, I believe that you must have a commitment to risen up the call of service. To our Dean, Atty. Macacuna A. Moslem and to our adviser Atty. Nadjer Pinatara, we thank you for the moral support and guidance you extended in the less we expected. Thank you for the encouragement and we are looking forward for the continuous support, patience for our inconveniences and the values youve thought us. And again, we persuade everyone to join us and incorporate your condemnation for the improvement of the gazette. Let us not demean our own and be part of its development because it is our own LAW GAZETTE.#

NEWS...5
MSU-College of Law Studs attended BOS on Legal Aid MSU-College of Law and IBP Lanao del Sur Chapter held FAB RTD MSU-College of Law celebrates 32nd Founding Anniversary

COLUMNS...6
A Road Less Travelled Justifying the Justice System Political Parties in the PH: Under the microscope

FEATURE...9
Litis Pendentia The Road Less Taken

OPINION...10
Bar Exam Reforms and the Formats See-Saw I am a Law Student? Election 2013: A success or a failure?

LEGAL MIND...13
The Book That Taps

ENTERTAINMENT...14
10 Things Younger than JPE Legal Addiction Its more fun in law school!

About the Cover

COLLEGE PULSE...16
Expos

EDITORIAL...19

Life is about making choices. What we want to see in the future is defined by what we do today. Like a person who complains for what he sees wrong in our government but still voted for a candidate because of monetary consideration, things will forever be the same if we only say something but do nothing. For inaction is in itself...an action...a choice. With what is happening today, it is a fact that we need change. But we cannot have change if we do not give it a chance. And until then, we will not be attaining what each and every one of us is asking forJUSTICE. That is...

Either we want to stay in the dark or get out of it to see the light.
(Theme and Concept by: Nor and Saidy) (Photo by: Halid A. Mindalano, BSPA Graduate)

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Deans Corner

IDEAL ETHICS AMONGST LAW PROFESSORS TO STEER BY

By Dean Atty. Macacuna Mike A. Moslem*
honestly. A teacher, in a sense, is also considered to be a public officer. Sec. 2 of R.A. 4670 defines the word teacher as follows:
...the term teacher shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counsellors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.

Within the foregoing meaning, the law professor who teaches inside the classroom is a teacher. In the same vein, the DEAN, DEPARTMENT CHAIR, and THEIR ASSISTANTS are included in the phrase all other persons performing supervisory and/or administrative function in all schools, colleges, and universities operated by the government, hence they can likewise be considered teachers. Let us first shift the focus to the professional life of a lawyer-cum-teacher aptly named the law professor. A law professor plays the dual role of a teacher and at the same time, a member of the bar or bench as the case may be. The complexity of the duties of a lawyer has been pronounced by the high court in a case, to wit:
Consider for a moment the duties of a lawyer. He is sought as counsellor, and his advice comes home, in its ultimate effect, to every mans fireside. Vast interests are committed to his care; he is the recipient of unbounded trust and confidence; he deals with clients property, reputation, his life, his all. An attorney at law is a sworn officer of the Court, whose chief concern, as such, is to aid the administration of justice.

*Bachelor of Laws; LL.B; M.C.L.; Ph.D (Law)

Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives. - Sec. 1, Art. XI (1987 Philippine Constitution)

Added to the above is the duty which the lawyer, as a law professor, owes to his students and the legal academe. From the foregoing, it can be said that among teachers, a law professor is sui generisa class by itself. Be that as it may, having a complex professional life is no excuse to depart from the fact that at the end of the day, a law professor is a teacher. As plain faculty member, it behoves upon him to inculcate in his mind all the time that the education of the students are entrusted to him not only by the parents who paid the tuition fees of their children but also the students themselves and the national government through the university or institution that engaged his services. As dispensers of education, law professors are accountable to his people and to God Almighty. Accordingly, when a law professor enters the classroom, he must keep in mind the following objectives: A law professor should be faithful to the course syllabus As every teacher should be armed with a lesson plan to guide him in his class, the law professor should likewise be guided by the course syllabus the sole purpose of which is to ensure that the subject matter is well-covered. It is, therefore, more than a mere scrap of paper. If strictly followed, the student will develop the habit of following the same, as he should be to the one given cont. to page...17

The foregoing legal dictum should be the motto of all public officers and government employees. Among the norms of personal conduct of public officials and employees provided under R.A. 6713 otherwise known as the Code of Conduct and Ethical Standards for public officials and employees, embodying the above dictum, is commitment to public interest and professionalism. The code mandates that public officials and employees use the power of their offices efficiently, effectively, and

LSG Bulletin

The Law Gazette | 2nd Sem., A.Y. 2012-2013

This years BAR Operation was a success. It was different from the other bar operation I have eyed. Everything fell into right timing;the unity of three MSU LAW campuses, the support from the administration both the deans and presidents office, and the cooperation and volunteerism of the bar operators. One month is too short to amass a more than a hundred thousand amount. That was the dilemma of the bar operationcommittee. The committee was, which includes the LSG Officers, formed a month before the bar examination. Despite the limited period for the needed preparations,the committee still pursued. Behind the insurmountable pressures, ingenuity from the members emerged. Series of meetings were conducted where the committee planned from A to D. With no want of time, the committee prepared a budget proposal that was minimal. However, minimal it was, it was realized. Due to insufficiency of funds, each bar operators were only given a budget for their one-way fare going to Cagayan and Manila and nine hundred pesos for their three days meal. Notwithstanding the budget, no one from the committee withdrew. Indeed at that point, the every member is appreciated. It is fair enough to say that even with the bar operation committee, the program would not have been successful without the help of those individuals who financially assisted the group. The office of the dean led by beloved Atty. Macacuna A. Moslem provided the MSU BAR examinees with the hand-out materials together with bar kits. Through Dean Moslems initiative, pre-bar kanduri was held for the examinees. His fatherly care extended to the bar operation committee. Aside from his enlightening words of encouragement, his sponsoring the bar operators polot-shirt is what the team was thankful of. Every year, President Macapado A. Moslem never fails to support the same program. His administration extended a financial support to the committee which is in-line to universitys objective toward academic excellence. There were also generous local officials who gave their financial support whom the committee considered partners in annual realization of the program. This space may not be enough to

thank them all but deep in our heart, we salute them for the support. The cooperation of fraternal houses to wit, MKP, ALPHANS, BSL and APO is deeply valued. And of course the so called WALANS. I am yearning to have the same teamwork with IIT and General Santos bar operators for the upcoming programs. In behalf of the Bar Operators, the committee commends IIT for designing this years bar operation polo-shirt. My endless thanks to the Bar Operations Committee Members: Ali Ahmad B. Bantuas Vice-Chair MSU CBar Operations; Mohammad Bin Usman, Logistics; DayangDayangBaguinda, Secretariat; and to my A Fortiori family. Finally my special thanks to Atty. Abraham A. Gutoc for providing a copy of their bar materials. He is a man with a heart of a Muslim who is willing to extend his hand to his fellow Muslims wherever he might be as shown by his act during the program. Mabuhay ang MSU-College of Law! Mabuhay ang mga Bar Candidates JORDAN L. DATU-IMAM

Chairman, Bar Operations 2012

LSG OFFICERS (A.Y. 2012-2013) President: Khalid R. Matuan Vice President: Sainoden Yasin, Jr. Secretary: Naimah Ahmad Treasurer: Shafatullah Imam Auditor: Arab Andig P.I.O: Acmalin Macabantog Sports Coordinator: Anhary Cornell

The Law Gazette | 2nd Sem., A.Y. 2012-2013

MSU-College of Law studs attended Basic Orientation Seminar on Legal Aid

By SMBarrat

News
MSU-College of Law and IBP-Lanao del Sur Chapter held FAB Round-Table Discussion
By SMBarrat
In an effort to iron out issues and make a stand regarding the signed Framework Agreement on Bangsamoro between the Philippine Government and the MILF, a round-table discussion with the theme: IBP and Law Students Dialogue on the Framework Agreement on the Bangsamoro: Where do we stand? was held at the College of Law Executive Conference Hall on January 30, 2013. Speaking in behalf of the MILF Peace Panel, Dr. Shafrullah Marohomsalic Dipatuan pointed out some of the important features of the agreement especially the power-sharing between the GPH and the sough-to-be established Bangsamoro in connection with their assymetric relation as therein stipulated. Distinguished young lawyers who also expressed their favor on the subject agreement were Atty. Mabandes Diron, Jr. on one side tracing the history of the Moro problem and laying down the ethnicconflict regulation, and Atty. Habib Bin Suod Barodi on the other discussing the possible expansion of the jurisdiction of Shariah Courts or even the implementation of the Islamic Laws in toto. The purpose of the event to come up with a common ground in order to make a unified stand notwithstanding, other prominent lawyers

Last January 26-27, 2013, selected students from the college were sent to take part in the Basic Orientation Seminar on Legal Aid held at Philtown Hotel, Cagayan de Oro City. The program which was organized by the US Embassy in Manila in partnership with the Mindanao Youth Volunteers Corps, Inc., was participated in by law schools of three universities in Mindanao, namely, the Mindanao State University, Liceo de Cagayan University and Bukidnon State University, each having 10 delegates except for MSU which was represented by a number of 20 coming from both Marawi and Iligan Extension. Getting the student representatives familiar with alternative lawyering, the two-day seminar was grounded on the effort to establish Legal Aid Clinics in Mindanao to help the underprivileged. It consisted of a series of lectures, some of which were given as follows:
Regional Human Rights Situationer by Atty. Piai C. Palma Introduction to Human Rights by Atty. Neil Y. Pacamalan, LLM Vulnerable Sector: Women and Children by Pros. Eldred D. Cole Lecture on Legal Writing by Atty. Jerlie Louis Requerme Alternative Lawyering by Atty. Melanie D. OrtizRosete

spoke their minds in disagreement to the assailed agreement. Atty. Bayan Balt raised his objections by stressing out matters which he said are inconsistent with the Muslims struggle for self determination. Among them are: the change of name of the autonomous entity from ARMM to Bangsamoro which he noted as a barbaric term; the reduction of the number of provinces originally contained in previous pacts from 15 to 5; and the power to raise revenues which is limited only to exaction of taxes. For his part, former Judge Alex Macalawi expressed his sentiments by saying that the GPH is not sincere in trying to resolve conflicts in order to attain sustainable peace and development. The problem would have not been the subject of the now-existing peace process if it is, he added. The program which was a fruit of the collaborative efforts of the MSU -College of Law and the IBP-Lanao del Sur Chapter was attended by some lawyers, law students and legal philosophy class of the CSSH. Legal minds who were also present are: Dean Macacuna Moslem; Atty. Basari D. Mapupuno, IBP-Lanao del Sur Chapter President; Prosecutor Norma D. Tanggol; Prosecutor Montanier Gubat; Prosecutor Salahudin Serad; Prosecutor Abdul Gaffur Madki Alonto, II; Atty. Ishac D. Mangondato; and Atty. Khalid Ansano. The event was organized by Mr. Mojahid Guro and Ms. Najifah Pundug, both senior law students.#

Also present was Ms. Sarah Cayetuna of the Department of Justice, giving inspiration to the audience. The Marawi delegates who were chosen a week before by Atty. Mabandes Diron, Jr. and Atty. Norhabib Bin Suod Barodi (both assigned and authorized by Dean Macacuna Moslem to coordinate with the organizers) are: Mojahid Guro, a senior; Mary Claire Sansarona, Dayang-Dayang Khadija Baguinda, Aisa B. Musa, Saidamen M. Barrat, Omar I. Cauntongan and Nashiba Dida-agun, sophomores; and Dayang Akirah Sansarona, Norhasima Curo and Normen Biston, freshmen. #

News
MSU-College of Law celebrates

The Law Gazette | 2nd Sem., A.Y. 2012-2013

A Road Less Travelled

By NTAlimona Good days are to be gathered like grapes, to be trodden and bottled into wine of the travel has vintage well, he need trouble to wonder no longer and the ruby moments glow in his glass it will. Anonymous Ill bet nobody for sure wanted to have a ruined life; we have positive dreams- positive dreams that visualize our vision towards a bright future. However, disillusionments, obstacles and frustrations exist. Hence, these dreams sometimes make us diverge, we are afraid not to fulfil our dreams. Really, frightened not to get the desired life we wish to have. On a road less travelled, we make differences. We live in a complicated society and we are bound by rules of differences. We study hard I guess to have a high-paying job or at least a good job. We learn to love and hate because we have emotions- a sentiment in life that if chance, it can be shaken or may overflow into its careless word. In this era, its obvious that life is fast changing; we learned to rush but not to wait. We become protracted on quantity but short on quality. We have multiplied our possessions but tend to reduce our values and morals. Fast foods are in but slow digestion. Steep profit, shallow relationship, more income, and fancier houses but broken homes. These are among the few of differences that we presently travel. As we pursue living, we become blinded and open-minded with the irony of life. The amorphous nature of our political party system may degrade our principles; millions promises of some Politicians but less will be fulfilled after winning. Many are educated but underemployed. There are honest public servants but some are unscrupulous one. Employment in government is coveted into a so called friend route, by blood, to oneself or loved one. Each day that were able to survive is an enormous accomplishment but still, life is not a bed of roses. Whatever changes life brings, nothing is an accident. Its us who choose the changes we see and feel. Its us who make the changes and our response on the circumstances that counts. Similar situations exist in many other ways and they will persist as long as many of us allow such transformation. At the end, its us who will choose whether what road we will walk through because life is a choice. #

32nd Founding Anniversary

By SMBarrat

C O L U M N

With the joint effort of the college administration and the LSG Officers, the MSU-College of Law has successfully celebrated its 32 years of existence with a bash. The celebration that featured different activities (some of which are designed to test the students intellectual ability while others are for pure enjoyment) lasted three days, which started on March 4 and ended on March 6 (just two days before the scheduled final exams). The very highlight of the celebration which is the Luncheon Ceremony and Kandori for the 2011 Bar Passers was graced by no less than Atty. Mylene Amerol-Macumbal, the colleges 2nd ever -produced topnotcher (the first being Atty. Exclamador) in the Bar Exams, who served as the guest speaker. The three-day event was closed by the night program composed of the torch parade, the fireworks display, the awarding of prizes to winners in the different competitions and the MusiclaBAND. The colleges 32nd founding anniversary surely was felt. It all ended with the students going home exhausted but nonetheless smiling, let alone being unmindful of the upcoming exams.#

ERRATUM:

We ask apology for the error committed on our last years issue. To read the whole article entitled Baliktaran, you may visit our facebook page at... http://facebook.com/thelawgazetteMSU

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Column
Microscope
supported Ramos, LDP's candidate (Mitra) lost badly. LDP won the majority in both the Lower House and the Senate, but a few months after the House convened, LDP lost most of its members to Ramos party. Upon the other hand, intensely personalized character of parties derives partly from the fact that individual candidates are elected in a "firstpast-the-post" system. During elections, it is not the political parties that are the real mobilizing organizations but the candidate's electoral machinery and the tightly-bound network of relatives, friends, political associates, and allies. Because at the base of the electoral system, the municipality, the power and status of families are at stake, all means are availed of including cheating and violence to achieve victory. The other major institutional factor shaping our political parties is our presidential form of government. Because of the centrality of patronage for Philippine political parties, the most important powers of the president are his appointing powers, and his control over the disbursement of government funds in a highly centralized form of government. The initiation of government policies, however, does not only lie in the hands of the executive. The particularities of the legislative process in the Philippines determine the character of the executive-legislative dynamics together with the role of political parties. These are some of the reasons why political parties have difficulty maintaining their membership. Soon after a presidential election, members of the opposition join the incumbents bandwagon. A starfruit will always look the same no matter on what the angle youre looking from. Worth mentioning also is the similar structures of all major parties, despite the

By JRLGonzales
Political party is the heart of Philippine politics. This is so because it seizes the political system, political power, and to grab hold of the aspects of policymaking. In democracies such as the Philippines, political parties provide citizens with choices about the personnel and policies of their governments [1]. These parties have various ideologies and advocacies in our political arena. What we have is a multi-party system in which not one party has the chance of gaining political power alone where these parties must work with each other to form coalition governments. For preliminaries, there are two types of parties in the Philippines: the major parties (who correspond typically to traditional political parties), and minor parties or party list organizations (who rely on the party-list system to win congressional seats). In looking into the very core of Philippine political parties, it can be noted that the most important characteristic of Philippine political parties is that these are composed of the elite. Its a reflection of the political parties in other parts of the global world where they may lead or in sociological terms, those who hold economic and political power [2]. A look at the list of those names that composed these political parties would let you know what I mean. These innate differentiations in the Filipino upper class then effectuate a transformation of membership and leadership which in turn leads to the absence of ideological differences between the parties. No single upper class group has attained a level of economic power sufficient for it to dominate other fractions and impose its interests and its program on the state. This is in contrast with the Latin American paradigms where divisions among upper class groups have been expressed in differentiation between political parties. Political parties in the Philippines, for lack of a better word, are also characterized as weak. In the past administrative years, President Fidel Ramos rise to power provides a perfect example of the weakness of political parties relative to government and political clans [3]. Laban ng Demokratikong Pilipino (LDP) had been the ruling party since the 1987 elections when it won an overwhelming majority of contested seats in both national and local elections. Because the late President Cory Aquino refused to support LDP's candidate, and instead

cont. to page...18

Column
Common Sense
By SMBarrat
Every single day, we hear of crimes committed here and there. There are even times when we witness them ourselves. But did we ever wonder how many cases are filed to address these crimes and how many of such cases have been put to rest? Now let us suppose that the first question is not important and assume that we know the answer to the second one, did we ever ask how many of those adjudged cases have been decided appropriately? Ladies and gentlemen, I am not implying the incompetence of our legal system in the service of justice. But lest I get accused of doing so, I will rephrase the last question from a laymans perspective: How exactly does our justice system

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Justifying the justice system

reme Court. No one could ever dare declare their wrongness in some cases. And who would, when even lawyers and magistrates bow to them considering that they are rendered by no less than the majority or even all members of the highest court of the land? Adherence to the mighty While it is undeniably true that to consider the rights of the few is also to give them what is due to them, the hurting reality is that, more often than not, it leads to the wilful disregard of the rights of the many. I believe there is no need to emphasize in this light that the adage which says that those who have less in life should have more in law has always been just a mere truism. Evidence of this proposition is the number of poor victims who are less represented or even not represented at all. Gazing into the depth, I am afraid to conclude that justice exists only in the mind. It is not about the truth; it is what can be proven in court. And neither is it about the observance of good faith for such may be proven futile in some cases. But who am I anyway to judge the effectiveness of the system? Can I criticize the standard of the law for its failure to find out the culprits when justice per se presumes the innocence of the accused until proven otherwise? Can I impugn the defense lawyer for manipulating the law when he has a good acquittal-reputation rate to maintain, or for choosing to represent only the rich when he has his own personal interests to satisfy? And can I condemn the general public for being passive and submissive to the erred judgments of the highest authority when they cannot do anything to rectify them? But then, can you also blame me for my belief? Justice nowadays indeed is a mere illusion. Nevertheless, while such is the inconvenient truth, I still believe that we can do something to make it otherwise. And whatever that is, little or big, let us not relax and wait until the very same system that we are still hopeful would work for the good stops functioning. Let us not...because in the end, it might result to the oppressed taking justice into their own hands. And we do not want that to happen. #

work?

Strict compliance with the legal standards In criminal cases, while it is a matter of promoting the sporting idea of fair play to stick to the standard in establishing the guilt of the accused by a proof beyond reasonable doubt, the danger thereof in certain cases is to equate the meaning of the word justice to a mere justice in the application of the rules. Take note of the Supreme Courts verdict on the famous Vizconde Massacre Case. Now that the accused are acquitted of the crime charged, the theory as to who must have been the criminals still remains a riddle. Application of the knowledge of the law Just as how a CPA or an economist is dreaded more likely to become corrupt in handling funds, a lawyer is likewise feared to become unreasonable and manipulative in serving justice. In other words, where the knowledge of the law and its application in general serve as an avenue for the enforcement of rights violated, it cannot be denied that there are instances when the same may be used as a weapon to perpetrate more injustice. Take a look at the Maguindanao Massacre Case. Could someone get any smarter than the Ampatuans defense lawyer for the way he is giving them justice? Yielding to the opinion of the majority Inasmuch as acceptance of the majority opinion oftentimes implies righteousness of such opinion, it is also a fact that said acquiescence may at times result to the unconscious relaxation of right reasons on the part of the public so assenting. Think about the flip-flopping decisions of the Sup-

The Law Gazette | 2nd Sem., A.Y. 2012-2013

By SMBarrat

The Road Less Taken

Feature

Life after college is life filled with uncertainties. Unfortunately, there is a lot more if we talk of life in the college of law. Indeed, it is of no moment to stress out in this point that the study of law is an undertaking which can either make an individual or break him as a person, at least for him who takes a great time in dealing with it seriously. I was aggressive as the others when I finished my undergrad. With the sufficient knowledge that I would like to believe then I possessed, I was convinced that I could do whatever it takes to get through rough roads. I was confident. But it took me only a semester in law school though to finally realize that I was totally misled by such conviction. In simpler terms, while at the outset, the experience was for me then just as cool for a new adventure albeit somewhat boring; as time went by, it got really unfriendly if not completely deadly. True enough, it was only in law school that I have ever felt so stupid and insignificant. But then who am I kidding? With our professors always ready to test our capacity, we will more likely if not certainly end up being caught off-guard if we exert only a little effort, or worst none at all. Truly, the journey to becoming a lawyer is never easy. It is so hard that each time we take our steps, the road usually gets even rougher to pass. But what else do we expect? The entrance to the legal profession so lawyers say is never without challenges. In the college level alone, struggling with our subjects is like striving to win different cases --- with the professors sitting as judges and our negative traits standing on the side as our adversaries. Life in law school indubitably is a hard and complicated case. As counsels of our own respective cases, there may come a time when our efforts may be inadmissible in evidence, but let us not succumb to our weaknesses which will bring us to defeat. There may even come a time when our witnesses may be proven unfit to help us succeed, but let us not lose hope. Thoughts like How I wish oral recitations or exam is moved will always be there, but let us not get ourselves addicted to them. Let us not be busy wishing for a good luck because as successful people would say, good luck is only for those who are prepared. It is true that passing the bar is one of the things in life that is not certain. We can always hope, but we can never expect. But then, unless we want to blame ourselves in the end, let us do everything that we can do to win our cases. After all, as the saying goes, Nasa diyos ang awa. Nasa tao ang gawa. #

When I decided to study law, I had every intention to finish it and pass the bar. I conditioned myself and set my mind on my goal. At the back of my mind, there is the typical image of a lawyer. Forgive me for the stereotype but it is the trend nowadays. For the male lawyers, the suit or barong at times, leather shoes with attach case on the side, plus the flashing car. For the female lawyers, of course, the corporate suit influenced with our Meranao fashion, paired with the combong (veil), the stiletto, the Hermes bag that is same in color with the dress for the day and of course, the flashing car (you can choose whatever model you like, but for me, a Red Ferrari Enzo that has to be shipped from Japan). That is how I picture a lawyer. My posh image of a lawyer totally changed when I was given the chance to meet one of our Alumni Atty. Jerlie Louis Requerme, the president of the clerk of courts of the Philippines and her friends Atty. Neil Pacamalan from the US Embassy, Madam Sarah Cayetuna from the DOJ, Prosecutor Cole, Atty. Melanie Ortiz and Atty. Piai Palma of the Commission on Human Rights (Region 10). These people opened my mind to a new perspective on what a lawyer is, and what a lawyer should be. They are alternative lawyers. They still have cars, they go to court, wear suits, but they take the time to go to the places where their services are needed especially the marginalized sectors. They are not PAO lawyers. But they render free services, not because their organizations ask them to do so, but because it is their calling in life. Those who have less in life are promised to have more in law. Former Chief Justice Hilario Davide said that the enigma or the mystery of the law is that it is rendered inaccessible even to those for whom it is intended. Thus, instead of being empowered, those who have less in life may end up more powerless and disenfranchised. And yet the law remains their only hope of securing protection, promoting their welfare or, in the final analysis, obtaining justice. These committed alternative lawyers according to the former chief justice perform the vital task to demystify the law, unravel its mysteries for the benefit of those truly in need of its protective mantle, work for law reforms, enlighten the less fortunate sectors of society on their rights under the law, advocate for and defend their rights, and assist them in their search for elusive justice. Justice being said to be elusive by no less than the highest magistrate of the land is an acknowledgment that indeed there is a need for lawyers who will fight for the rights of the underprivileged. I sincerely hope that as a law student, I could help in the advocacy of these alternative lawyers. For me, they are not the alternatives, not the second choice, but the real and ideal lawyers.#

10
By JRLGonzales

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Bar Exam Reforms and the Formats See-saw

O P I N I O N
The Philippine Bar exams, since its advent about 102 years ago, constantly tested the aspiring lawyers on their fitness to belong to the league of lawyers. Answered in a purely essay-type form, the exam is arguably the most difficult professional examination in the Philippines given the low national passing rate and stricter admission standards, not by the Professional Regulatory Commission but by the Supreme Court itself. Our exams have always been in this format and were adaptations from our American colonizers. As noted by retired Supreme Court Associate Justice Vicente Mendoza in 2003, the admission to the Bar through a system of written examinations is a uniquely American tradition, which was transplanted in the Philippines. Without a doubt as part of its mission of the United States benevolent assimilation of the archipelago, the Americans replaced the Spanish system of admitting applicants to the Bar (previously based on ones attainment of a licentiate in law and a period of apprenticeship), and replaced it with the American way. It can also be noted that at present, one does not need to pass an exam to be a lawyer in Spain; mere graduation from law school enables one to the practice of law. The American practices and procedures remain the same as they were first introduced in our country; and we have always followed its conservative proclivity since the 1900s. At the turn of the century, this conservative tendency was finally challenged with the introduction of reforms for the bar examinations after some shares of SC scandals. As an example, the 2003 Mercantile Law leakage greatly underscored the need to institute much-needed changes and reforms in the conduct of the exams which nearly resulted in a retake examination. The SC nullified the examiner, and disbarred the lawyer who go the questions from the examiners computer and faxed them to a law fraternity. This scandal was later addressed with the clamor for reforms through the work of Justice Mendoza, who had chaired the 2002 Bar exams. The three areas for major reforms include: 1) Structural and policy reforms, 2) Changes in the design and construction of test questions, and 3) Methodological reforms. He also proposed reforms by the introduction of objective multiple-choice questions in the Bar exams, the formulation of essay test questions and model essays by more than one Bar examiner, and the introduction of performance testing by way of revising and improving the essay exam on Legal Ethics and Practical Exercises. These proposals were subsequent adopted by the SC in Bar Matter No. 1161, which was issued on June 8, 2004 and took effect on July 14, 2004. Now, much reforms were made especially in the last two years with the continuous shifting of the bar exam formats and with the introduction of the purely multiple choice questions (MCQs) in the 2011 Bar Examinations. With the SC committee on bar examinations headed by Justice Roberto Abad, it was introduced to better measure the ability of the students to recall and review laws, doctrines and principles; noting that it has become the mainstay of bar exams abroad and of board exams given locally for other professions. But in March 2012, the SC has again approved a new format of the years bar exams. This innovation was composed of 60% multiple choice questions and 40% traditional essay questions with Legal Memo only on the afternoon of the last Sunday on Practical Exercises. And seeming that the SC couldnt get enough of the changes, another reform was again introduced in this years 2013 Bar exams. As per Bar Bulletin No. 1, the Supreme Court (SC) revealed that the examination structure for this year's Bar Examinations will be composed of 20% multiple choice questions (MCQ) and 80% essay, giving more weight to its old format of having more essay type questions. With this, it would seem that theres this SC direction of going back to the traditional form. Talking about the formats, I personally side on the essay questions as there are questions that do not necessarily call for a clear-cut answer. Answering in the essay form showcases ones mastery on the vehicle of the legal mind. Essay questions test the capacity of the bar takers to express themselves, to analyze questions, and most importantly to justify on their stand. In MCQs, the answer is already on the answer sheet but is proven to be more difficult (according to some friends, and the bar statistics) given that examiners have this brilliant ability to cloak the choices to make all of them seem correct. And now with these pendulum-like shifts in the bar formats, guessing that other law students would also affirm, this brings in anxiety. Taking the exam in varying annual Bar exams is like being lab rats for a new intellectual experiment of flip-flopping MCQs and the essay-type questions. As a junior law student this sure brings fear and uncertainty; wondering what could then again be the SC reform by the time (God-willing) that I take the Bar. But truth be told, the kind of legal mind and logic will not change no matter what kind of Bar Exam format will be adopted. It will still be based on reading, understanding, consideration of the applicable law, and answering time for the questions. With this, I believe then that the preparations would not substantially change, including the relentless prayers to the Almighty to pass the Bar. That is one of the things which would always remain constant.#

I AM A LAW STUDENT?
By ABMusa
Student 1: Girl, nabalitaan mo na ba? May binaril daw na balot vendor sa comcent kagabi. Student 2: Huh? Naku, kawawa naman. Three days later. Student 1: Girl, may kinidnap daw sa 5th street kagabi, natagpuang patay. Student 2: Huh? Naku, kawawa naman. Few days later. Student 1: Girl, may bangkay na naman daw na nakita. Babae daw, kinidnap sa campus. Student 2: Huh? Na naman? Kawawa.

Our constitution provides, NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY AND PROPERTY WITHOUT DUE PROCESS OF LAW. The Revised Penal Code further provides for the penalty in case of murder, homicide, robbery and other crimes. If you ask a law student what is the duration for the penalty imposed in case of any of these crimes, he would give the exact answer with lectures on the consequence of aggravating and mitigating circumstances. If you ask him still how and where to file a case regarding these kinds of actions, he would give you in detail the procedure, the requisites to file the same. To the person whos asking, said law student sounds great, intelligent and amazing. Yes, he is. He knows everything. But, what good if he knows everything when he does nothing? It is not what you know that makes you great; it is what you do with what you know that gives you greatness. Ladies and gentlemen, we are the proud students of law. As future lawyers, we are the guardians of truth and justice. Are we justified in simply knowing about the penalties and the various elements of a crime and just silently stand in the corner and watch as the law we respect and hold so dear is violated?

One may argue, yes, we are. He may even further say, We cant stand against the bullet, are you crazy? or Its simply none of our business. People die every day for many reasons, its a fact or We are not the proper party. Valid arguments, arent they? No, they are not. Because this person is the same one who lectures about what is wrong and what he would very much like to see change in the community. He is the very same person who questions the illegality and corruption of the authorities. He is one of the many who will sit in a corner and murmur about the injustices of the world. Fellow students of law, lets be part of the change we want to see. Our learning must not be confined in the pages of our books. More importantly, we must be responsible and not let the knowledge of law be limited to us. Lets take pains in ensuring that the law shall be known, understood and fully appreciated by the people who need it. The noble profession we chose doesnt come with fruit cakes and chocolates. It is not without danger. We guard the truth and justice so we are the enemies of the wrong and unjust. It may come as a shock to us all but WE are the proper party. Or at least, we will be. Who is to say that we, or any of our family members, are not going to be one of those reported by Student 1 as killed or shot or kidnapped? Being a vigilant member of our community and to actively participate in an activity that advocates and fights for peace and justice, are enough to show that we care about the law we are spending a great deal of time and hardship studying. If we resign to the commonness of this violence as we see every day, how can we expect others not to do the same? And then wont we ask ourselves, what does being a law student really mean? #

O P I N I O N

The Law Gazette | 2nd Sem., A.Y. 2012-2013

11

Opinion
Election 2013: A success or a failure?
By SMBarrat Each one of us holds different opinion as to how the first synchronized automated elections had worked out. Perhaps for some other people, things had gone just well. That this years elections had solved some of the problems we always met in the past. I wish I could agree, but for many reasons or so, I could not. Not when I hear of violence and irregularities that had occurred on the day of the election in one of the municipalities in Lanao del Norte. And certainly not when I was able to see in my own eyes how things had actually taken place in one of the municipalities in Lanao del Sur. Days before May 13, I was somewhat optimistic about how things are going to be just right. Besides the General Instructions for the BEI promulgated by the COMELEC (which I then believed would be strictly complied with), my experience in training watchers from different places (having learned from them the problems they experienced in the previous elections) had made me somehow hopeful that in one way or another I could do something to promote an honest, clean and peaceful election in the place where I chose to be engaged as one of the paralegals of a certain candidate. But just as expected, things can always go the wrong way in Lanao del Sur. That laws, in whatever form they may come in, can always be made the subject of compromise or of some self-imposed rules. The lost or perhaps disoriented BEI I really had nothing against the appointments of police officers as members of the BEI even when there were qualified teachers (both in public and private schools) to function as such since I had to concede that their presence might be helpful in maintaining order especially that the place where we were is considered a hotspot. What I find unacceptable and intolerable, however, is their lack of orientation and training which, contrary to what is expected of them, had produced unwarranted results. I can barely forget the times when I had to confront one BEI member for making the voting order like a raffle draw and another for letting other voters assist illiterates for as many times as they wanted to. There was even an instance when I had to argue with the BEI chairman in one precinct for letting watchers see the ballots openly and talk to the voters while they cast their vote, and had to tell him repeatedly that it is within the ambit of his authority to prevent it when he said that it was the AFP roving teams duty to do so. There was also a time when I had to assert that the unused ballots must be torn lengthwise when the BEI told the watchers that said ballots had to be simply put in the envelopes as ordered by the election officer. Furthermore, I was able to witness one situation when supporters of both sides had come into heated arguments and almost

The Law Gazette | 2nd Sem., A.Y. 2012-2013

into infliction of physical force because the BEI decided to close the polls as early as four in the afternoon. The too smart EO I do not question the capacity of the election officers. It is just that I have doubts as regards the one assigned in the municipality where I was a paralegal. That is, unless any of my professors tells me he was correct, I cannot come to terms with him as to his own interpretation of the rule on assistance to illiterates or PWDs in casting their votes. I had the chance to talk to him personally when one of the watchers I was supervising reported to me that the BEI members would not listen to her when she asked them to not let just anyone not qualified as an assistor to assist. Asking him to enlighten me about the rule, he said that any person for as long as the illiterate or PWD points his hands to (even if not related to him within 4 th civil degree of consanguinity or of affinity, or not living with him in the same household where he reposed his trust or confidence upon, or not a member of the BEI) may assist him in casting his vote. The excited candidate I believe there is really nothing wrong with every candidate being aggressive in knowing the status of the polls because that is normal. But keeping oneself updated about what is going on does not necessarily mean one has to be actually in the polling places and remind his watchers to check the voters ballots if they really voted for him because that is one way of exercising undue influence. The things I mentioned are just some of the problems which actually happen during elections not only in Lanao del Sur. As a matter of fact, things are even worse in other placeslike the people experiencing lawlessness and violence. There is a lot more I wish I could tell but I am afraid it will take the whole space of every page in this publication. So I will just end this article and answer the above question indirectly by telling you what a good friend would probably say if she reads this---things happen because we let them happen. #

12

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Legal Mind The Book That Taps

By Atty. Athiena R. Mamailao
words at the time when the book was not yet published, a supposed 1000-page of Paras Persons and Family Relations was reduced to a 113-page of full-blast discussion! It is literally having an all-in-one, one-stop reminder of the basics that allows one to resuscitate (a term borrowed from another brilliant professor in the College) almost forgotten principles and doctrines. Clarity. The book reflects straight forwardness. Most law books present things in a provision-to-provision method that sometimes leaves one in a limbo as to how these laws should be integrated into one whole concept comprehensible enough for a student to remember all the days of his law school life until bar (specific case in point: remedial law). With due respect to the other authors (whose intellect and competence I never question), there are just things that need not be complicated just for the sake of having a lengthy discussion and in the process, compromising the very purpose these books should serve- helping the students know and understand. Former Dean Mutis handbook certainly does not contain any of those extensive presentations of cases that law students, honest-to -goodness confession, do not really take time reading (students of the College presumably agree on this). It sticks to the jurisprudence which is what is actually necessary and has to be remembered. It clarifies things sans the repetitious citations of cases that sometimes prove superfluous. Of course, this is not to say that cases should be dispensed with. Finally, the handbook is literally a tap on the shoulder - almost like a friend telling a law student, Hey, in case you have forgotten, this and that is how things are... It is a vital and time-saving aid especially for law students who are on their last year in law school and in the struggle to wrap everything up within the shortest possible time before the dreaded bar examination. Certainly, for those who are in this same predicament, the handbook may as well be considered the book of the time. #

British writer John Ruskin said that, All books are divisible into two classes, the books of the hour, and the books of all time. How do we catalog a book into one of the former, and one of the latter? Certainly, that question calls for a benchmark categorization. The recently published and well-taken Handbook on Philippine Civil Law authored by no less than former Dean Pama L. Muti emphatically deserves commendation sans hyperbole. I am humbled and privileged at the same time to have been given the task of coming up with its review. To start with, I will not claim expertise as I will base my preference on my own criteria of how an engaging book should be (especially so that in law school, one, most often than not, finds himself intoxicated by protracted book exposure) simplicity, comprehensiveness and clarity. Simplicity. No one will refute that the book boasts of simplicity. This should not mean stark though as what is simple usually comes hardest. Paradoxically in fact, the end product of former Dean Mutis handcraft that allegedly lasted for a year or two reminds me of the following line uttered by one Italian bishop, one of the main praises that we give to a writer or a practitioner of any liberal art is that he knows how to explain his ideas clearly, and that even if his subject is lofty and difficult, he knows how to make it plain and intelligible to all by his easy discourse. How it was presented in its simplicity- it was able to do away with the usual notion that all books that talk about law are too complicated for the layman to even lay eyes on (a.k.a boring). I know of someone who is not in any way related to law school but have been ignited with sudden curiosity on the Family Code just by scanning the handbook. Perhaps the book itself, in its simplicity, is an open invitation for law and non-law advocates to at least have a glimpse of the Philippine Civil Law. Comprehensiveness. Probably, one of the most difficult tasks that a law student encounters is to overcome that feeling of nausea just by looking at those voluminous books piled on his shelf (and I am not exaggerating when I say this). This is especially true when one is already on his last year in law school when, as clich as it may sound, time becomes of essence. But with former Dean Mutis handbook and its comprehensivenessone surely never did expect that five volumes of Paras could actually be shortened into a 530plus-page handbooktime becomes a law students best friend (this is of course should be alongside a hundred and one percent serious reading and studying). True to his

13

Legal Entertainment
Age is a relative thing. Some people look and seem old than their actual younger age. But some exceptional people like Senator Juan Ponce Enrile who already turned 90 this Valentines Day, are still exuberant and continue to shape history up to this day. Forty years after Martial Law, this Cagayano political survivor seems to go against the laws of longevity. JPE is at an age where his compatriots are already six feet under. This is a list that salutes to this longevous senator who wants nothing but for us to be happy. Here are 10. Discovery of Pluto The planetary body counted as the ninth planet in the solar system was discovered in 1930. The Senate President was already in the universe when the planet Pluto was still to be written on the astronomic journals. 9. Israel After the UN partitions Palestine, the Jewish Agency executive committee declares the independent state of Israel. Arab states led by Egypt and Transjordan declare war but Israel wins its war for independence in 1948. Manong Johnny was already a young man when all this took place. 8. Larry King JPE is already a nine-year-old Cagayano when the CNN legendary talkshow host was born. That sure made you ask whether Enriles immortal. 7. Hindenburg Disaster A stiff airship, the Hindenburg was one of the largest airships ever built which measured 245 m (804 ft) long. On a very shocking fashion captured on film, The Hindenburg ignited and burned on May 6, 1937, just before landing in New Jersey killing thirty-six people were killed. Little Johnnys already an adolescent hippy-hopping the shores of Gonzaga, Cagayan. 6. Ball-point Pen It wasnt until 1938 that a Hungarian brothers Georg and Ladislao Biro solved the flow problems that were plaguing their predecessors and had his smudge-free name written in the chronicles of pen history. Our Senate President from the school of hard knocks, in fact, used not ball-point pens but fountain pens back in the day. 5. Penicillin The action of natural penicillin was first observed in 1928 by bacteriologist Alexander Fleming, but another ten years passed before it was studied by others. Finally, in 1942, when JPE was presumably an unvaccinated eighteen-year-old, John Bumstead and Orvan Hess became the first physicians in the world to successfully treat a patient using penicillin. 4. Chocolate Chip Cookies Apparently, the chocolate chip cookie has not been around since the dawn of time. It was, in fact, invented in 1937 by Ruth Graves Wakefield of Whitman, Massachusetts, who ran the Toll House restaurant. Guess whos older than them chocolate cookies. Hint: It rhymes with Wan Bonse Enrime. 3. Communism in the Philippines Formally established in 1930, it is now often called PKP -1930 to separate it from its far more known splinter-group, the Communist Party of the Philippines. Enrile was a young boy back then when the original Reds, led by Crisanto Evangelista, were raising their left hands at the backdrop of the hammer and sickle. 2. Mickey Mouse Juan Ponce Enrile was already a young kid when American animator Walt Disney released the cartoon Steamboat Willie which starred Mickey Mouse. The short movie is the first animated film with sound which eventually became wildly popular. Our Filipino comic counterpart, Tony Velasquezs Kengkoy is also younger than the gentleman from Cagayan. 1. You According to the 2010 Census of Population and Housing, the total population of the Philippines as of May 1, 2010 is 92,337,852 and about 4 million (or roughly 4.3 %) are over 65 years of age And youll only be older than political icon Juan Ponce Enrile if you are a nonagenarian born after February 14, 1924. And as an addendum, the following are some of things older than JPE. Homo Habilis Magellans Discovery of the Philippines Fire Dirt Lapu-Lapu Happiness Money The Wheel Jesus

10 Things Younger Than

JUAN PONCE ENRILE*

*Editors Note: This article is the inflated list from the viral 8List article of JR Lopez Gonzales as posted in his blog at: http:// www.politikalon.blogspot.com

14

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Legal Entertainment
Its MORE FUN in Law School!
By NBDida-agun

By SMBarrat
Reading can never be fun. This is what I thought a few years back...until I befriended the master of legal thrillers. The following are just two of John Grishams hit novels that I was able to read. They may be old but they are never untimely. The stories they tell would always and definitely hold application in the present.

The Chamber Sam Cayhall was a victim of unfair circumstances. Raised in a family of Klansmen who advocated for White Supremacy, he grew up in a time where racial discrimination was more of a way of life than just an ordinary thing. He was sent on his death row for an irreconcilable mistake. His loyalty had made him suffer all alone the consequences of the act he himself did not intend to cause... But what was left for him to live anyway? He was nothing but a mess to his own familys reputation... The Chamber is a story about living, fighting and falling. Crafted with the power of his mind, John Grisham had undeniably opened our eyes with two of the most important lessons of our time: first is that the doing of evil, regardless of its nature and degree is always subject to public condemnation; and second is that a family, however distorted it may be, will always be one for better or for worse. A Time to Kill At Ford County, Mississippi, life was normal for the Haileys...until Tonya, 10 years old, black, was raped and was beaten nearly to death by two white, drunk and callous men. The incident shocked the whole of the county and urged Carl Lee, father of the victim, to let the law play in his own enraged hands. As Jake Brigance tried to save him from the row, the defense lawyer found himself saving his own life at the same time. In the end, justice prevailed though. The jurys verdict, without a doubt, implies that indeed there is a time to kill.

There are times when we feel so isolated and detached from the real world. Studying law is like being in a relationship. It would demand a lot of time, effort, patience, and utmost passion. We tend to stop hanging out with our high school friends, skip our favourite teleseries, and not being able to watch Ashton Krutcher in the big screen. Weekends, long holidays, and vacation would connote endless readings, upcoming exams, and terrorizing recitations. Most of us usually rant our complaints in facebook, twitter and other social networking sites because not one of us would (yet) have the courage to tell the professor, Sir, pwede bang time out muna? Listed below are only some of those posts in twitter of law students that you might be able to relate to:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Kung pwede lang sabihin na, Sir pass muna, di ako umabot diyan. Maasar ka lang sa sagot ko. Pareho tayo mababadtrip. You say it best when you say nothing at all. #recitfail Swear to god, gamit na gamit na ang utak ko. Wala na tong isasagad pa. #recitblues Re: dami ng inaaral. Dean Riano: wala kang magagawa. Ambisyosa ka. Magdusa ka. Lahat tayo merong kaklase na mahilig mag-rant na hindi sya nakapag-aral, pero palagi naman mataas sa recitation or exam. Law school is a place where the professors are being cruel to be kind. Linya ng mga prof: Restate; Are you sure?; So?; Your basis?; What kind of English is that? Kung kailan sinisipag ka mag-aral saka pa magka-cancel ng klase ang prof mo. Grado ng mata ko, pataas ng pataas dahil sa kakaaral. Pero grades ko hindi. Kung nakakatalino ang Temple Run, pwede na akong magBar. Kapag nag-aaral ako, feeling ko ginagahasa utak ko. Dahil finals na pahiram muna Kuya Germs ng Walang tulugan Yung eksenang binabasa mo ang tanong sa exam using ur proof's voice. Ang tunay na law student, eyebags pa lang, overweight na. Oh, spiritu ng KASIPAGAN, sapian mo ako1 midterm exams na! Standing outside my classroom debating whether I should go in or not. Ang pag-ibig ko sayo ay parang highlighter, nauubos din. Sinusulat mo lahat ng sinasabi ng prof mo even mga words of wisdom and quotable quotes. Lagi nalang tayo nagsusunog ng kilay, arson arsonan naman to. Hindi mo napapansin na ang pag-gamit ng good/bad faith o moot and academic e alien sa ibang tao?

Sources: twitter accounts of @opinionbuster and @lawstudentsPH

15

College Pulse
STUDENT CONCERNS.

The Law Gazette | 2nd Sem., A.Y. 2012-2013

They say what they see. The future lawyers SPEAK their minds.

Expos
By NTAlimona

Somethings new in the college or nothings new with the environment. With the reign of our new dean, every one of us is anticipating the positive hope and changes that are geared for the betterment of the students or the College of Law as a whole. Thus, in view with this, I asked some colleagues to give their comments and suggestions on the query.
Its nice having a dean like Sir Moslem who is supportive to the college activities and who cares for the academic standard of the university. It would be better if the college will have its own Bar Review Center.-Inuyashia Kung gusto natin ma-reform ang college of law dapat mawala na ang sinasabing discretion. Kung bagsak ang isang student dapat ang titser isuli niya ang booklet ng mga students para maiwasan ang doubt para at least my basis. Sana malagyan ng CCTV camera if possible ang mga rooms para maiwasan ang cheating. anonymous In fairness kay dean, mapiya so maintenance sa college.- madame maricuicot A lot of areas in the college of law have to undergo renovation, the curriculum has to be amended and the manner of teachings has to be stricter in order to meet the demand of todays need. Lady lee minho To our dean, we cross our fingers for the progress of our college, sana there is no manipulation of grades from your staff at my evaluation din sila from the students. Sana mangigi babaw ang fairness at maging mabait sila sa lahat ng students hindi lang sa kanilang mga kilala, students na galing sa sikat na family- kawawa naman kaming hindi sikat ang family kung basihan ng

labanan kung minsan ay yan. Sana din maging fair si maam at sir at no favouritism. Kapag ang hindi gusto na student ang natawag sa oral mali o tama mali parin kung minsan, pero kapag si favourite student ang natawag tama o mali palaging tama at pasado. Padre Damasuwat We wish and hope na sana huwag basta-basta judge yong students kasi hindi matalino, at duon e base yong grades. Hindi po natin alam at ma measure yong kakayahan ng isang student kung anu ang tingin sa kanya. -Erata Some professors have been shield with the so called academic freedom clause that made theme excused to perform their obligation as it ought to be as law educator. All professors must do their utmost diligence in educating and giving grades to their students because undeniably,the other part of success of every student in this college lies in their hands. - We-am Walang privacy yong grades lahat puweding magkaroon ng access matingnan. Sana may magandang environment at yong absences ng mga professors may tends to kawalan ng gana to go school. Sana magkaroon ng malinis na college para presentable tingnan na matatawag na totoong college of law. Wi-fi na college for academic purposes and implementation of semi-formal attire.- Friendship Most of the students asked were cynical on the milieu of the college, thus, we should be positive and be thankful for the efforts of our dean to have a better College of Law that we desire. Let us cross our fingers together and do our part for the change we pray for our own college of Law. Note: The views and opinions reflected on this page do not necessarily reflect the stand of The Law Gazette.

16

The Law Gazette | 2nd Sem., A.Y. 2012-2013

Ideal Ethics from page...3

by the Supreme Court, come Bar review. Suffice it to say, then, that the importance of being able to cover everything in the course syllabus is, to the law student, akin to a precious commodity. A law professor should discuss relevant developments or research findings to supplement course materials One peculiarity of law school is Socratic Method. It is a method whereby the professor pounds the students with a series of mind-boggling questions designed to measure their mastery of the subject matter. This method should however work both ways. On the part of the students, they are motivated to study either in the spirit of competition among them or by fear of humiliation. On the part of the law professor, he should come to class fully prepared. He should be able to discuss on intricate topics and be ready to answer inquiries should there be any. After all, the great philosopher Socrates designed this mental gymnastics in such a way that not only the teacher will ask questions, but also vice versa. He should raise challenging questions and issues and listen to the students. Further, he should be able to encourage and stimulate group interaction among the students. A lawyer professor should establish rapport with the students based on mutual respect Mentioned above is the rigid Socractic Method. The professor may sometimes employ techniques such deliberate humiliation of the student if only to engrave the subject matter to the students mind. The professor should however exercise utmost care and sensitivity in employing this means as it may make or break the students ability to comprehend the subject matter. Understandably, students are-by nature-plagued by indolence and procrastination. Thus, the need to grill them in class. But there also those times when the subject matter becomes too complicated, say for example when various provisions of the law must be correlated to one another. In such instance, the law professors insight, from the vantage point of logic gleaned from the codes of provisions of the law, is more valuable. Simply put, it is where the dots are connected resulting to the desired result of enlightening the law student. For this reason, the law professor should reflect depth and insight as well as clearly express his ideas. A law professor should devote the class time for the attainment of course objectives One of the prerequisites of being a teacher is the socalled academic license by virtue of which he is given the freedom to speak on any matter under the enormous sun. It is, therefore, not uncommon for the professor to sometimes deviate from the topic precisely because the purpose of this is mainly to keep the class lively and to enrich every discussion. But such academic license is not without limitation.

The professor must ensure that the subject matter is wellcovered and that any other deviation from the main topic should somehow be related to the same. Understandably, the study of law is perhaps a science so broad that almost anything can be discussed in relation to the same. Indeed, it takes a lot of practice for the law professor to develop the skill of sticking to-deviating from-and back to the subject matter. Certainly, this would reflect one more important objective-that is, that a law professor should demonstrate enthusiasm for knowledge and research. A law professor should explain the bases for evaluating student performance This, perhaps, is one of those responsibilities of every law professor which can never be dispensed with. The evaluation of the performance of a student as can be gleaned from his grades come end of the semester does not rest upon the discretion of the law professor. It must be based on the formers oral recitation (if any), his attendance, and examination results. This rule is basic. Ideally, the student should be well apprised as to how his grades were computed. Quizzes, if there is any, and examination results should promptly be returned to them and if possible, the results of their oral recitation should likewise be shown to them. That way, they can gauge by themselves their performance in its entirety taking into consideration the number of absences committed, if any. For the above reason, it is impossible for one whole class to be given uniform grades. Such practice is an evil which casts doubt to the credibility of a teacher more so when he is a law professor. It further results to the following scenario: the student who deserves some sort of reward for burning the so-called midnight candle gets discouraged whereas he who did not put enough effort in studying will remain complacently lethargic thinking he will pass whether or not he makes any effortindirectly, the latter is given the license to mock the former. As a domino effect, such ugly scenario certainly reflects the reputation of the institution where such law professor-law student relationship exists. As a testament thereto, the result of each bar exam would speak for itself. A law professor should be the model for punctuality and professionalism Punctuality and professionalism. So primordial are these that to even expound on them may be unnecessary. But for the sake of emphasis, let us delve upon them. While it is true that law students are degree-holders themselves and that they should not be treated like children, they should somehow be treated as protgsthe law professors being the mentors. To the law students, the legal profession is so noble and so elite that they look upon lawyers with idolizingif not enviouseyes. Every lawyer should know this as once upon a time, they were law students, too. For that reason, the lawyer-professor should be conscientious as to his acts for he can be sure that his every

17

The Law Gazette | 2nd Sem., A.Y. 2012-2013 move is being watched. As a consequence, the lawyer-professor should display qualities embodying his sworn Oath and the Ethics governing his dealings. Foremost of these qualities may be PUNCTUALITY and PROFESSIONALISM. Punctuality in its plain and simplest meaning is being on time. More importantly, it shows that the lawyer-professor take the best interest of his students at heart recognizing that the latters time and that of the college is of value and not being on time sets an ugly example to the students and reflect on ones character as a member of the bar. Accordingly, when the professor is on time, the students are likewise on time. Professionalism, on the other hand, sums up all the qualities that the law professor, as a teacher, should possess. R.A. 6713 establishes its parameters in the following manner:
Norms of Conduct of Public Officials and Employees. (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: xxx (b) Professionalism.Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavour to discourage wrong perceptions of their roles as dispensers or peddlers of undue advantage. xxx

Political Parties from page...7

various names and "advocacies". The basic party unit is at the municipal level; units then go up the ladder to the provincial party committee, then the national convention or directorate. These bodies are made up of prominent leaders of the party, former and incumbent elected officials. Within these bodies there are central or executive committees which are made up of a smaller number of top party leaders. Except for the ruling party, none have permanent party headquarters or paid staff except during elections. In between elections, party headquarters are usually at the party leader's home or office. Last year, I actually had the opportunity to talk to the president of a new political party, the Centrist Democratic Party (CDP) in the Philippines based here in Mindanao. I learned that there is a need to let the voters know about the partys platform and not on the demeanor of the person who leads it. I conceded with Prof. Jun Dumaug that there is a need to institutionalize an alternative to patronage-oriented political parties". Personal lives concern the mass voters instead of the party platforms in terms of taxes, regulations, open markets, and the like. There has been a paradigm shift regarding the synchronized elections, too. These elections make local candidates dependent on national candidates and their parties in contrast to the past where local officials, already in place in local elections held earlier, are needed by national candidates in subsequent national elections. Although local candidates still have to have their own campaign resources, the rapidly increasing cost of election campaigns have made national party organizations stronger because they have more access to larger pools of campaign bequests. Author Joel Rocamora speaks of the event after the 1992 elections as an example of this shift [4]. Accordingly, President Ramos anointed former Lower House Speaker Jose De Venecia as Lakas-NUCD presidential candidate. To soften the undemocratic image generated by such anointment, Lakas organized t wo consultations of party members. In the midst of the second consultation, however, the party leadership decided to undercut the process and leave the selection of the party's national candidates solely to the hands of President Ramos. Apparently, the ruling party has a distinct advantage in campaign fund raising. It can tap government resources - financial, human, and institutional. In addition to government

That teachers are expected to exercise the highest degree of professionalism is unquestionable. Be it stressed that, as earlier intimated, teachers include all other persons performing supervisory and/or administrative functions. Hence, the rule on academic professionalism is not limited to those who teach inside the classroom but to Deans and Department Chairsincluding their Assistantsas well. Therefore, if law professors are expected to show professionalism by being punctual and responsive to the students academic needs, all the more is a Dean expected to be the model to his own faculty members. He cannot therefore demand his faculty to submit grades on time or earlier if possibleor to reprimand them for absenteeism if he himself is a perennial violator of such rules. For him to do is undoubtedly unprofessional. It is a display of sheer lack of work ethics rendering him unfit for the noble position entrusted to him. CONCLUSION Teaching law is not based on rigid formulas set in stone. It allows flexibility and a certain degree of latitude as to the means and methods. The above discussion is a mere discourse on the ideal work ethics of a teacher of law. In no way is it an exclusive list of teaching objectives because so much more can be added. At the end of the day, everything boils down to ones sincerity to serve as a fountainhead of legal knowledge for those who yearn to learn. Canon 5 of the Code of Professional Responsibility provides this obligation, to wit:
A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as the practical training of law students and assist in disseminating information regarding the law and jurisprudence.

It is best for us not to depart from so basic a duty. May the spirit of professionalism and commitment to public interest be an instinct to us rather than a conscious objective.#

18

EDITORIAL
funds, the ruling party is also better placed to secure contributions from business sources because of the party's control over government contracts, licenses, and other perks. To wrap up, these political parties are but alive during elections. They are not ideological, but rather, most are merely instruments of the same upper classes. These political factions rely on the image-building of those representing it. Despite these factions unpopularity, these remain as instruments for social mobility. If only reforms are made on our system for the parties to effectively aggregate interests and translate them into sound policies. By limiting opportunities for cheating through the PCOS machines, or electoral reforms such as continuous registration, tamper-proof voters IDs, and what-nots; I believe that these can significantly change electoral behavior. On a personal note, I believe that new breed of political parties should flourish in our legislative body. A decent example is Akbayan (Citizens Action Party), which a progressive party is built on the organizational base of the progressive movement, the social movement groups, and NGOs. Since political parties as such are capable of identifying interests in society, aggregating them and translating them into policy can best develop in the context of a more participatory democracy. The important challenge to political parties may come from ongoing efforts to amend the constitution and a possible shift in the form of government. If it happens, it will force political parties to drastically alter themselves. Unifying the executive and legislative branches through a ruling party will force political parties to take on a stronger role, and develop greater capability in policy-making. Accompanied by an electoral system based on proportional representation, I submit that changes in electoral behavior will bring about even progress on our political factions.#
References [1] Jackson, Robert J. and Doreen Jackson. A Comparative Introduction to Political Science. New Jersey: Prentice-Hall Inc. 1997. p. 77. [2] Joel Rocamora, Philippine Political Parties Continuity and Change. Quezon City: Institute for Popular Democracy, Quezon City. 1998. p. 42. [3] Joel Rocamora, Philippine Political Parties Continuity and Change, p. 43. [4] Ibid., p. 64.

CHANGE. CHANCE. JUSTICE.

Everyone thinks of changing the world, but no one thinks of changing himself. Leo Tolstoy. Since we became busy for so many things these past few days or a month, from 2013 Election and while we were having a vacation, our minds and attention have also shifted. 2013 Election and vacation are over so let us look forward for what our minds can recall when we casted our votes for our chosen candidates. It is dismaying to realize that we always ask for change, chance and justice-but do we fully absorb their reflection? Why cant we build viaducts instead of wall? Or it is a simple reminder for all of us that justice has not yet been served or is it that still our demands for a change and a chance are objectionable? Ironic to say that hearsay are the ones holding us together instead of the truth. Hence, the struggle for betterment cant be achieved and realized without stating the fundamentals. As we presume to be aware and vigilant to the perennial social cancer of the society, it is saddening to realize that the atmosphere around us is silent on those things invisible for the eyes. With the premise of Change, Chance and Justice , we inspire to christen individuals to think and ask why? There is change for a chance and a chance for justice. If these terms are fully taken, why have we been puzzled by the change that is happening every now and then? And why do propagandas, stirringup emotions and the demonstration under the strong outpost still exist? If justice delayed is justice denied, then let us not wait for others to do for what we greatly need. Unless we act and do something, we cannot make a divergence to eradicate the unwanted elements.#

Make us better. Send us your comments thru facebook at: facebook.com/thelawgazetteMSU

19

THE PEOPLE BEHIND IT ALL

NORALYN T. ALIMONA Editor-in-Chief SAIDAMEN M. BARRAT Associate Editor JR LOPEZ GONZALES Writer ATTY. ATHIENA R. MAMAILAO AISA B. MUSA NASHIBA DIDA-AGUN JORDAN L. DATU-IMAM HALID A. MINDALANO SAIDAMEN M. BARRAT ATTY. NADJER D. PINATARA Adviser
4th year law student AB Communication
Studies Graduate

3rd year law student BS Public

Administration Graduate

4th year law student AB Political

Science Graduate

FINANCIAL STATEMENT
LSG Allocation P 15,000.00 Add: Remaining Balance (last years account) 840.00 Borrowed Amount 1,000.00 1,840.00 Total Fund .. 16,840.00 Less: Expenses Printing 15,600.00 Communication 128.00 Research/Internet 150.00 Transportation 256.00 Food 340.00 16,474.00 Remaining Balance P 366.00 Prepared by: SAIDAMEN M. BARRAT (Sgd.)

Contributors:

Lay-out and Design:

GREETINGS!
Congrats to our successful new lawyers! MSU-College of Law is proud of you! -TheLawGazette Happy Graduation to all graduates of 2013! May you find happiness in every thing that yo u do ! TheLawGazette Good day to Norjanna Hadjisobair! Take care always -Dante II Congratulations Mindanao SULAC Team for the establishment of our own legal aid clinic! -Saidy

Urgent!!! The Law gazette is in need of the following:

Writers Cartoonists Photojournalists Lay-out Artist For more details, you may contact any of the following numbers: 0927-849-2417; 09488204304