Wake me Up When September Ends

to the tune of: Green Day's Wake me Up When September Ends hehe modifications by moi. any other suggestions to turn the lyrics to an official anthem lemme know.

Lawyers have come and passed,
This lazy ass can never last,
Wake me up when September ends.

Like undergrad came to pass,
These four years have gone too fast,
Wake me up when September ends.

Here comes the rain again,
Falling from the bar,
Drenched in my pain again,
Becoming who we are.

As my eyes close to rest,
But never forgets what I learned,
Wake me up when September ends.

Lawyers have come and passed,
The procrastinator can never last,
Wake me up when September ends,

Roll out the banners again,

Like we did when results came then
Wake me up when September ends.

Here comes the rain again,
Falling from the bar,
Drenched in my pain again,
Becoming who we are.

As my eyes close to rest,
But never forget just what I learned,
Wake me up when September ends….

Chronicles of a bar crammer

    It's official…. I finally got my permit to take the exam from the Supreme Court, I guess this means I really am going to take the exam (albeit unprepared). But with 13 days to go and no subject I've completely finished reading, there is not much hope to pass.  Now the only thing left to do is to not go gently into the not so good night. I'll be kicking screaming and fighting -allotting 2 days for each subject (there are 8 )  using codal and reviewers and leaving the major cramming for the pre-week of each exam day and I cross my fingers, pray to god, touch my ear and nose and turn around to the left 3x believe that my doubtfully good foundation and semi photographic memory will get me through. Now all I need are super fast reading techniques so I'll know enough to bluff not to leave blanks.

    For those who don't know what the bar exam in the Philippines is like, here's a little bit of info,  which will probably help people understand why we reviewees rant about it so much. Personally it's the cost of failing that stresses me out. (and I'm not talking bout just the financial)

    Last September 2006, more than 6,100 examinees took the Philippine Bar exam. Last April 3, 2007, the bar exam results was published after 6 months of waiting. 1,893 examinees or 30.6% of the examinees passed the bar. The other 4,294 or about 69.4% of the bar examinees did not make the grade. Good for those who passed, better luck next time for those who failed. Life must go on. And what would failure mean? Here's a breakdown of the costs of taking the bar exam.

For a person who earns 20,000 pesos a month, he needs to let go 120,000 pesos of income to review for 6 months. For a province-based person, he needs to rent a place in Manila for an average of 10,000 pesos per month or a total of 60,000 pesos. Plus a budget of 10,000 per month for meals and living allowance, this means another 60,000 pesos. Include the plane fare, communication and school supplies and bar exam fee of about 20,000 pesos, a total budget of 250,000 pesos is a fair amount. All of these you spent in order to take the bar exam and get the chance to practice law.

    Now you add all that that to one's health cost: The sleepless nights, the deep anxiety and nervousness is part of the game during review. Then comes the examination month. The examination takes four days, 8 hours a day. Examinees tackle 8 subjects 4 hours per subject. After that, the examinees go back to their old life and wait for 6 months for the results.

soooo 

    Rumor has it that it's the hardest bar exam in the world since flunkers here easily pass the California bar (reportedly the hardest in the US) but I still think it's a hit and miss and that Lady Luck and God will help this sad lazy ass to hurdle it. Why? because the social stigma is great, especially if you come from the upper ranked schools. Every one expects you to do your best and failing isn't an option. (the bar exam also has the highest mortality rate -due to stress, depression, failure) Because in a sense it is a competition.

Since about 1913, the Bar exam in the Philippines is among the news maker in country. The highlight of every bar exam results are the names of Bar topnotchers and the names of their respective schools. Today, topping the bar exam means fame, honor and good fortune for the persons and their alma matters.

I heard that Bar exam in the United States Bar exam do not post the names of topnotchers. You only get a "pass" or "fail" grade. I'm sure the United States Bar has strong reasons not to publish topnotchers. And I'm sure among the two reasons are (1) to prevent fraud and taking advantage of the fame as topnotchers and (2) not to over hype the result of the exam because an exam score does not determine the greatness of a person…

    Now if only we could anonymously fail then it wouldn't be so hard…. baH! Enough about results and top notchers and being on tv and fame and fortune… I just need to pass. So I'm tackling Civ law tonight… what that means is….

The Civil Code of the Philippines contains more than 2,000 articles. The family Code of the Philippines contains about 200 articles. Not to mention the countless other special civil laws, Gods knows how many landmark civil cases resolved and decided by the supreme court. All of them are possible topics in the bar exams under the subject of Civil law and given four (4) long hours per subject to answer a maximum of 40 questions. (handwritten mind you)…

    SOOOOO for this zombie crammer, I'm stocking up on vitamins, racking up some living expenses bills, having spurts of emotional breakdowns in the midst of reading chapters.  Luckily writing for me is my therapy. And well, sitting back and bloghopping … Which led me to the blogs that provide support for this emotional supertyphoon to come next month.  Among the gems I found and haunted… well i still do

1. Atty Fred's blog  where he also runs a forum to discuss strategies and tips
2. Macka whose commentaries on recent issues have been quite helpful.
3. Punzi's corner blog - some good experience articles about tackling it
4. Barops blog - thank you for the super tips.

If anyone else knows of more blogs, feel free to drop your link. Technology has become my support system since I've decided to live as a hermit. 

Republic Act 9481

Since the labor laws of the country were codified in the Seventies during my incumbency as Labor Secretary, the Labor Code has undergone a series of revisions both by acts of the legislature and by executive fiat. Taken with the numerous labor and social legislations bearing upon the field of labor and employment as well as the myriad rules implementing the Labor Code and related laws, the subject could be utterly confusing and rather complicated. - Ka Blas Ople, Foreword on Atty. Joselito G Chan’s LABOR CODE ANNOTATED, 2005 Ed. 

IT WAS SB 2466 WHICH lapsed into law as Republic Act 9481 last May 25, 2007.  Said bill was sponsored on the floor by Senators Pangilinan, Gordon and Jinggoy Estrada.  The law is also known as “An Act Strengthening the Workers’ Constitutional Right to Self-Organization.” 

The following are the salient features of the said law:

• When may a federation, national union or industry or trade union center or an independent union aquire legal personality? Answer: Upon issuance of the certificate of registration.  It shall likewise be entitled to the rights and privileges granted by law to legitimate labor organizations.  

• May a federation or national union create a local chapter? Answer: YES.  However, the chapter shall acquire legal personality only for purposes of filing a petition for certification from the date it was issued a charter certificate.  The chapter shall be entitled to all other rights and privileges of a legitimate labor organization only upon the submission of the following documents in addition to its charter certificate: A) names and addresses of officers and principal office of the chapter; and B) constitution and by-laws, if the same with federation or national union, this fact shall be indicated accordingly.  

• Can there be voluntary cancellation of union registration? Answer: YES.  The registration of a legitimate labor organization may be cancelled only by the organization itself provided that at least 2/3 of its general membership votes, in a meeting duly called for that purpose, to dissolve the organization.

• Is failure to comply with the reportorial requirements a ground for cancellation of union registration? Answer: NO, it shall not be a groud for cancellation of union registration but shall subject the erring officers or members to suspension, expulsion from membership, or any appropriate penalty.

• What is the effect of inclusion employees outside the bargaining unit? Answer: It shall not be a ground for the cancellation of registration of the union.  However, said employees are automatically deemed removed from list of membership of said union.

• May rank and file union and supervisory union join the same federation or national union? Answer: YES.

• In unorganized establishments, may a federation or national union file a petition for certification election with the Med-Arbiter? Answer: YES. And in cases where it is filed by a federation or national union, it shall not be required to disclose the names of the local chapter’s officers and members. 

• What is the role of the employer if a petition for certification election is filed? Answer: A mere by-stander.  In all cases, whether the petition for cert. election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with concomitant right to oppose a petition for certification election.  However, employer’s participation is limited to: A) notice or information of petitions of such nature; B) submit list of employeese in the bargaining unit under oath during the pre-election conference should the Med-Arbiter act favorably on the petition.

The law actually made several new provisions to the Labor Code.  Whether strengthening worker’s constitutional right to self-organization means weakening the employers’ right to self-preservation is another point to consider.  Maybe, maybe not.

—-

Photo credit: www.cpcabrisbane.org

Article from Macka's blog  http://macka.wordpress.com/

azcuna speech

THE SACRAMENTAL NATURE OF THE PROFESSION OF LAW
Speech delivered by Associate Justice Adolfo S. Azcuna, Supreme Court of the Philippines, at the Commencement Exercises of Ateneo Law School, April 22, 2007, Meralco Theatre, Lopez Bldg., Ortigas, Pasig City.

The profession of law is a sacred calling. I do not mean simply that it had priestly origins and that for a long time there was only canon law and all lawyers were religious. Rather, I mean that law is a way towards finding God in the world and of restoring Christ in all things.

To start with, the law, as I never tire pointing out, is the most human of all professions. It addresses the human as human, and seeks to minister to his needs as body and soul, matter and spirit, as a rational animal, a sentient being.

From the time you locked horns with the intricacies of persons and family relations, to the time that you delved into obligations and contracts, torts, crimes, penalties, damages, succession and corporation law, tax, labor, remedies and procedures, legal ethics and legal philosophy, international law, the Constitution and governance, you were always face to face with the problems and concerns of human beings in society. The aim was always to seek through law the sway and dominance of justice in the relations of persons and humans among themselves and vis-à-vis the State. In short, you studied law as an instrument of the social order. For you are all engaged, in the words of Dean Pound, in social engineering.

But it does not end there. For as Justice Perfecto also indicated, law covers not only man, woman and child, but everything else, “from the amoeba to the tundras of Russia.” Or in the language of Chief Justice Laurel, law covers everything, from agriculture to music.

As you now take hold of this sacred trust that is the law and ask permission to profess it as a way of life, way I then remind you that you do so as graduates of the Ateneo, carrying as it were, the colors of St. Ignatius, and the blue and white of Our Lady, and to remember always all that these stand for.

The seal of the Ateneo bears the words “Lux in Domino.” You all know what that means. Light in the Lord. That’s what you have to be in the world. Now, I invite your attention, however, to the shield or coat of arms in that seal. It is that of the House of Loyola. It shows a big cauldron held by a chain with two wolves facing each other, eating from the big pot of food. The symbol is that of generosity and abundance, that food and sustenance flowed over in that house, full, pressed and overflowing, so much exuberance that even the wolves had enough to eat.

I would like, though, to relate this symbol to a text I received some weeks back from a friend. An old person once told a grandchild –

A terrible fight is going on inside me. A fight between two wolves. One is evil, it represents hate and anger. The other is good, it represents empathy, love and compassion. This same fight that’s going on inside me, is inside every other person took, even you.

The grandchild then asked: Which wolf will win?

The old person replied: It’s the one you always feed.

That’s it.

It’s the one you always feed.

Go then on your quest along the path of the law.

And don’t forget the ways of the Atenean – be persons for others.

Approach the whole enterprise as a sacramental encounter – the whole of creation is a doorway to God. Use it to get to God, to realize God in this world and to render all things to the One True Being.

Feed the right wolf.

Don’t forget the poor, the helpless, and the deprived.

Yours is a profession for others, teach people their rights, help them fight for it, protect the earth and our environment, use law – be it agrarian reform, minimum wage regulation or progressive taxation – to make life better for others.

For there is so much to be done. The hour is short but the agenda is long. But by all means begin.

God speed then, as I return to the seal of this Alma Mater of ours. I left the most important part for the end – it is the center of the seal – the Sun that shines – XT – IHS – THROUGH XT YOU CAN DO ALL THINGS.

GOD BLESS, THANK YOU, AND MAY THE FORCE BE WITH YOU.

Source: Ateneo Law Website

writ of amparo

An important point to consider is the fact that during the National Consultative Summit on Extrajudicial Killings, in its Plenary Reports, while affirming that there is no specific rule that would operationalize the writ of amparo, the following recommendations were made by the different groups/participants, to wit:

    1) To conduct a serious study regarding the writ of amparo to see to it how can it be availed of, as a protective and remedial tool, for the greater protection of the constitutional rights of the victims;

    2) To explore the idea of the writ of amparo;

    3) To have the writ of amparo fill the “gap” which the writ of habeas corpus (in theory and practice) creates;

    4) To strengthen the writ of amparo to include pro-active measures such as the protection of witnesses and order from the court for investigation on the matter.

    Page 4 of Summit Bulletin No. 1 (entitled Justice Azcuna on the Writ of Amparo written by K.M. Martinez and G.Sp. Guerrra) dated 16 July 2007 says that Justice Azcuna was actually the “proponent of the writ of amparo in the constitutional commission that produced the 1987 Constitution now in force.” Furthermore, as proof of his fruitful advocacy as member of the said constitutional commission, Art. VIII, Sec. 5(5) of the 1987 Constitution provides that the Supreme Court may “promulgate rules concerning the protection and enforcement of constitutional rights.”

    Now, the writ of amparo might make a very good timing and entry into force when the Supreme Court finally resolves - as they will be constrained to rule on - the existence and applicability of the writ of amparo to violations of human rights involving those in the implementation of the Human Security Act of 2007. We all know that an en banc Supreme Court has all the powers under the Constitution to promulgate, amend or scrap standing rules regarding practice, procedure and pleadings in all courts of law. Having that in mind, I share the opinion of other people that when the SC decides on the constitutionality of HSA of 2007, it will also be proper to decide on the fate of the writ of amparo.

    What is the legal basis of this writ? As stated above, it is the constitutional mandate. The SC may (”should” is a better connecting word) promulgate rules to protect constitutional rights, etc. That’s the essence of this writ. So, when asked in the bar or anywhere else, just beat about the bush that this writ of amparo seeks to protect constitutional rights. But what about statutory rights? Can we have a statutory writ of amparo? I think so. Why? Simply because it is convenient and because it is not otherwise prohibited, granting the SC will make that writ apply also to “statutory rights”.

    Until then, the Filipino people will have to wait to savor the beauty this writ of amparo promises to offer. Will it rather entertain the political and criminal musings of our generation and the generations to come or will it just be another writ in the annals of our judicial system with or without which the same killing shall nevertheless be perpetrated?

from Macka's blog http://macka.wordpress.com/ 

Prayer to Saint Thomas More - Patron Saint of Lawyers

Prayer to St. Thomas More - Patron Saint of wannabe Lawyers

Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints:

I pray that, for the glory of God and in the pursuit of His justice, if you help me pass the bar I will be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and stacks of bar review materials and listen with me to my imaginary clients' tales. Read with me in my room library and stand always beside me so that I shall not fail the bar lose my soul.

Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first.

Amen.