Posts filed under 'Life of Law'
Something to thank Him for…
The past few days have been super super stressing for me on almost all ends of my life. School cramming since finals is a month away and all teachers are scheduling special or make-up classes to cover the required readings and lessons for the exam. Work is fully-loaded on trying to reach the goal. Brother bugging on celphone line. Pray and support on Bebe’s job training. And many other concerns to deal with. But a recent event wiped off all the stress.
My application for scholarship was granted! (on the condition that I maintain a QPI of not lower than 82%; note: 85% qualifies for dean’s list…so it is a challenge) The scholarship grant was partial, but that still means a lot to me.
I’ve been applying for scholarship since college and God knows how hard it is to accomplish the forms, on top of the regular school load that I had to attend to. To be honest, I wasn’t expecting that this application will be granted, since I’m used to being rejected with my applications at the Loyola school because of my dad’s income tax return (ITR). But as the saying goes, ‘never say die’….’try and try until you die’…I tried my luck last semester and applied for a scholarship (using my own ITR, since I support my own studies and since dad has retired). And to my surprise, I got the approval of my application yesterday.
This only shows the power of prayer, patience, and of God. So for those who so want something in their life, don’t lose hope…He’s just waiting for the perfect time. And don’t be afraid to try! Be patient and bug Him every now and then with what you’re praying for. (Marunong din ciang makulitan..hehe)
As closing, I’ll share the Memorare prayer to the Immaculate Mother. This prayer has been my comfort prayer and refuge in times of distress. I recite this every after personal prayer until I memorized it. Here it goes:
Remember O most gracious Virgin Mary, that never was it known, that anyone who fled to your protection, implored your help, and sought your intercession was left unaided. Inspired with this confidence, I hasten to you O Virgin of Virgins, my Mother. To you I come, before you I stand, sinful and sorrowful. O Mother of the world incarnate, do not despise my petition, but in your mercy (Lord), hear and answer me. Amen.
1 comment February 28th, 2008
Is ‘Legal Writing’ writing legal?
Legal Writing is defined by Wikipedia as ‘a type of technical writing used by legislators, lawyers, judges, and others in law to express a legal analysis of legal rights and duties.’ While my professor discusses that Legal Writing is employed specifically to secure a relief, to give opinion to a specific question of law, or for direct personal recourse, which may be defined according to (1) who is the user, and (2) what is its use. Legal Writing is distinguished from other forms of writing with its citation to authority, importance of precedents, use of vocabulary, and form/procedures in writing.
Legal writing is known for being well-cited. Its claims are always anchored to law, jurisprudence, customs, and other standards that support its viability. A person in law would employ a standard for every event. This feature also serves as the root for the concept of stare decisis and res judicata, whereby a formerly settled principle of law is protected from disturbances, except upon a new judicial order or decision. That is, the value of precedents.
Another feature of legal writing is its unique vocabulary. Legal writing uses a variety of words, from specialized words, to everday words, to archaic words, to loan words. A legal writer must have a chest of vocabulary at hand.
And lastly, the form of writing. Legal writing follows a basic form yet a unique formulation. Going on with the procdures, there are 3 basic steps in legal writing: (1) Pre-writing, (2) Writing, and (3) Post-writing.
Pre-writing involves the following steps:
- Identify the object or cause of action
- Identify the best means or vehicle to communicate the object (Whether it should be a manifestation, a brief, a pleading, a memoranda, etc.)
- Identify the form/structure (What are the basic components of the material that you will be writing, i.e. header, introductory line, etc.)
- Identify the pertinent content or details
- Identify the law or rules applicable to the case
- Identify the proposition or the recommended course of action that should be taken
In the writing stage, the following are the steps to be taken:
- Give an introductory paragraph that should give a gist of what is in the body and what the readers should expect
- Identify the antecedents of the case. There are two types of antecedents:
(1) Procedural antecedents deal with the history of the case (it provides whether it is an appeal or a new case), or
(2) Factual antecedents which give a chronology of events or a narration of the case.
Under the second type of antecedent, there are two forms:
(2.1) Narrative which is like story-telling, and
(2.2) Reportorial which is mostly used in complex or voluminous crimes and uses headings and sub-headings to show the logical flow of events.
- Identify the issue of the case. It can either be:
(1) Factual issue (disputes regarding the presence or absence of a thing at the time of the event), or
(2) Legal issue (dispute as to the meaning of the event)
- Give a discussion of the facts and issues presented. This part of the writing is where the writer has the liberty to use his/her own style of writing.
- Provide a conclusion. Most writers would want this part to be given with a punch to be remembered by readers.
And last but not the least, no legal writing should end without passing through post-writing. The last stage would involve reviewing, proofreading, and rewriting. The two types of editing would be:
(1) Formal, which deals with the basics of form like margins, spacing, alignments, etc. This part is important especially on certain types of documents where form prevails over substance like wills, donations, and manifestation (should not have a prayer), since a wrong form in these documents may amount to trashing said documents or may be a ground for dismissal, without the judge even reading your material.
(2) Substantive, which deals on the overall relevance and coherence of your piece.
Following these steps should allow one to write as a person in law. That is ‘Legal Writing’!. But writing legal is another matter to discuss. The latter will deal more on the substance and content and may vary on a case-to-case basis. As a general rule, the substance must prevail over form, with the exception as discussed above. Therefore, writing legal is a greater task that we are yet to learn later on, not just in the professional school, but in real practice and experience.
2 comments January 29th, 2008
National ID System: For the Go or Forego
The case of Ople vs. Torres in 1998 paved the way to the feasibility of a National ID System. The case centers around the validity (constitutionality) of A.O. No. 308 (National Computerized Identification Reference System). It was found to be unconstitutional for posing a threat to the right to privacy. The court says that to be valid, it must be narrowly focused and a compelling interest must justify the law’s intrusion to individual rights. Moreover, intrusions into the right must be accompanied by proper safeguards and well-defined standards, which is lacking in the proposed system.
(Here is how a National ID System usually works)
Now, in a command conference in Camp Aguinaldo, the AFP has made a recommendation to President Gloria Macapagal-Arroyo to revive the National ID System. AFP spokesperson, Lt. Col. Bartolome Bacarro said, “The recommendation for the revival of the national ID system is to accelerate accomplishing the [President’s] marching orders given to the AFP [to eradicate the communist insurgency by 2010].�
PGMA expressed her favor for using the National ID System to “provide services to our citizens”, particularly on government departments like Social Security System (SSS) or the Philippine Health Insurance Corp. (PhilHealth). The main point of its implementation would be on having a greater coordination between government agencies, with the end of overcoming the threat to our national security.
However, Interior Secretary Ronaldo Puno said that it is not possible to implement it within the year because we are not prepared, at this moment, to use a consolidated singular ID. It would take some time to complete the system analysis of all ID schemes, but we are getting there. Hopefully, this recommendation will be approved and the law will be perfected in no time.
Add comment January 8th, 2008
DOJ website hacked: NBI is now on the hunt
A felon is a felon, whether it be against a private individual or the government!
YEZ! Last thursday, Jan. 3rd, some felons greeted DOJ with a big surprise for the New Year. For a few hours, visitors of the Department of Justice’s website saw Wizard of Enchanted Kingdom, instead of Justice Secretary Raul Gonzalez.
The DoJ website was hosted by PLDT, who has promised to investigate the event as well. As of now, the NBI is also conducting their own probing and hunt for who is liable for the hacking. Note that hacking is punishable under Republic Act No. 8792 or the E-commerce Law. As Sec. 33 of the said law provides:
“SEC. 33. Penalties. - The following Acts shall be penalized by fine and/or imprisonment, as follows:
(a) Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption,destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;…”
Add comment January 4th, 2008
MACBOOK PRO STOLEN on CHRISTMAS! 40K REWARD
(I’m posting this to help the victim..to what’s the least that I can do)
STOLEN: Macbook Pro 2.4GHZ, 2GB RAM, 120GB HDD - SERIAL # W8732099X92
WHEN: DEC.23,2007
WHERE: Tagaytay City
REWARD: P40,000 for recovery and information leading to recovery
CONTACT: MARK DE LOS REYES, 0917-893-2392
My sister’s Macbook Pro laptop was stolen last DEC. 23 from our home in Tagaytay. Someone had taken her laptop from a table inside our house while it was charging. Charger, and case were taken as well. My sister is supposed to graduate this coming year and all her work files were in that computer. (my christmas gift to her was an external hdd for her to back up her files, but unfortunately the laptop was stolen before she could use it.) Her thesis and a lot of her design work remains inside, so the laptop’s contents are more valuable to us than the actual laptop. The computer is passworded, so it is likely that the person who has it will bring it to a store or shop to have the hard disk reformatted.
Please spread the word among technicians and other apple stores so that this laptop may be found soon. My sister’s career depends on it.
Hopefully we can all still have a happy new year.
-Mark De los Reyes
0917-893-2392
timdlr@gmail.com
Add comment January 3rd, 2008
Indeed, a MERRY Christmas!!!
Christmas 2007 would, definitely be worth remembering. But before going to my personal insights to how my celebration of Xmas ‘07 would be, there are a few things worth mentioning and thanking God for.
First of all, a dear friend, Yay, has finally awake from her week-long sleep. Last week, a news came to me that Yay lost her consciousness, for some reason i don’t know and i didn’t get to know.  I was brought into tears by the news and was terribly worried. I tried to call some friends asking for updates, but to no avail, I tried calling Yay’s phone, hoping that some family member would pick it up and address my questions. It was after several days of trial that I was able to get through the line. Her dad texted me and told me that she had this heart and blood illness for long and that it’s at its critical stage now, that it is a matter of life and death. She can either wake up and be stronger, or not wake up at all. I don’t know why I was so concerned with her at that time, noting that she was a close friend but not really my closest peer back then. Last Tuesday, on my way home from school, I texted Yay’s dad again, asking for updates and saying my regards to their family.  No replies that night, but the next morning, I woke up with a message at my phone. When I read it, it says “Ate ceo, gising na ko…”. Yay replied herself. Prayers proved its strength and Yay woke up the other night, after exactly 7 days of sleep. My prayers were answered.
Next stop, is about my brother. I am now a tita! At that same night that Yay woke up, my brother’s wife gave birth to a healthy baby boy. I haven’t seen him personally ’til now since I usually arrive home late because of school and go to office early the next morning. They’ll come home from the hospital on saturday. A new member of the family this Christmas is indeed a great blessing. He’s name is Christian James E. Ocampo. I’ll post more of him next time…when I have his pics. ^_^
And finally, I have so much to thank about this Christmas as well. Blessings overflow for me this year, in almost all aspects of my life. For a good career, and a profession awaiting for 2011. I have an understanding and a considerate company that supports my aspirations for a law profession. Great professors and good grades. ^_^ Great family, good health, and last but not the least, a year-round of LOVE (from my beloved).
Add comment December 20th, 2007
Media ‘processing’ - Rightful or a Violation of a Right?
The recent Trillanes coup (attempt) gave rise to but another controversy that the State is now faced with. Right after the surrender of Trillanes and his supporters, the police force proceeded in gathering all the media people involved, or were together with Trillanes’ team, inside the Manila Peninsula Hotel. The policemen explained that it was for a short inquiry or processing, to verify the media people’s identity and/or participation with the coup (attempt).
It must be noted that before the said processing, the media people were forewarned and asked to leave the premises for their safety and to easily facilitate the negotiation and/or arrest of the group of Trillanes. But the media people did not listen and chose to remain inside the Manila Peninsula, for some personal or competitive purposes. In that light, the media people became instruments to obstruct, or at least make it more difficult, for the police force to execute its plans in order to end the nuisance at once.
The press plays a very important role in the society. It shows to the world what is truly happening in a micro and/or macro prospective. It influences the way people think and perceive things. It can even create a certain culture or belief, if it wishes. It can also serve as a cover up for protection by some accused. And the latter is exactly what the policemen wish to avoid in heeding for the media to move out of the premises.
To some people, the media’s act was heroic and shows true dedication in the service of nation in showing what is happening to the world. But to some it is pitiful, in sane, or worse, a conspiracy to protect the accused. As a dear Constitutional Law professor, Dean Andy Bautista, has mentioned, “It is just like in a burning house! We cannot absolutely deprive the owners of the house to go inside and save some belongings, but as a rule of duty, we must do so for their protection. Now if they insist in doing so, they may do so, but not without taking the risk for themselves.” The media people, in insisting to stay inside the Manila Peninisula during the coup (attempt), should bear the hassle of any processing, inquiry, or whatever procedure that the police enforcers may require them to undertake. That is not just for their own safety but more for the nation’s security, knowing that some Magdalo can very well be in a disguise as a media man, simply to effect an escape. I am sure that a true dedicated serviceman wouldn’t want someone (an accused) to use his/her name (service) as a means of escaping liability from the State.
So now we come to the famous question of whether the holding made against the media people constitutes an arbitrary detention or a violation of the freedom of the press and a deprivation of their right w/o due process of law. Due process of law, as well as the equal protection of the law, is provided for in Article III, Section 1 of the 1987 Philippine Constitution:
Section 1: “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws”
Due process, as contemplated by the law, can either be ‘Procedural due process’ or ‘Substantive due process’. Procedural due process requires a step-by-step procedure of how a law (or a thing) shall be implemented, and faithful execution according to the prescribed procedure is tantamount to compliance with due process. On the other hand, Substantive due process is the absence of arbitrary laws and questions the very essence or substance of the law itself, as whether it is just or not.
Without a doubt, the policemen has complied with the proper call of procedure in dealing with the media men. The processing is applied to ‘all’ members of the press, without distinction as to who is famous or not (shame to those who were even proud of being able to escape from this process). Now, the last question is whether there was an actual need for the said processing, it is ’substantial’ and just? I personally believe that the police enforcers had a reasonable ground to conduct the said processing. It is paramount to public interest that they assure that they are not setting free the people liable to the distress that just occurred. The main consideration for the act is the general welfare of the community, especially those within the surrounding vicinity. Hence, there is no violation of due process, whether procedural or substantive.
I would like to end this with a call on the press for a balanced judgment. It was obvious from the interviews with Trillanes how their group push and pursued on using the media as a means to get the sympathy of the people and/or as a cover (protection) from the armed forces. For a couple of times, they insisted on the fact that the present administration is willing to sacrifice the media people just to get what it want. By mid of their act, they were firm on their stand that they will not surrender, no matter what. And at the end of the day, they moved on to say that they will surrender since their conscience cannot take it, to put the media peoples’ lives at stake, as compared to what the administration was willing to sacrifice. On the other hand, many believe that the real reason behind the surrender was the fact that no one heeded their call. They received only a minimal support, if not none, that is not sufficient to actually bring their mission to success, and so they surrendered and gave the lame excuse of ‘for the sake of the press’, again to gain sympathy and the side of the press. Whereas, in the first place, they are the ones who put not just the press but the whole nation at stake. They put at stake the slowly growing and recuperating economy back to zero. Investors were threatened, tourists were frightened, citizens were sacrificed. How can one call for a positive change if he himself is the greatest contributor for a nuisance. Clearly, everyone must rethink things out.
Add comment December 2nd, 2007
A Fresh New Start…
A big relief came last Friday night…(Nov. 9)…grades were released and thank God I passed my most-feared subject…and it was higher than what i expected, or at least prayed for. It was an assurance that I can still handle work and law school at the same time…and thank God I won’t have to give up any between the two…for the meantime.
We’re now waiting for just two more professors to release the grades, ACA Villches and Dean Roy. I am hoping my grades on their subjects were ok and there must be nothing to worry about. So far…so good…i can proceed to the next enrollment. It is strange that I am praying for payables to come in to me, hehehe… but if greater future comes at stake…who wouldn’t wish to pay more, right!?!
As of this moment, I have an average QPI of 85.36. Dean’s-Lister-wanna-be… hehehe… if I remember it right, 3.35 is DL in Ateneo Loyola…dat’s at least 83.75%. Then i remember a friend telling me that he almost got into DL at the Ateneo Law School (ALS), requiring at least 85.00%. If this is true and in God’s grace…i’m hanging on the limit of being a DL. (haba ng hair ng lola mo…hahahha!)
Back at the Ateneo Loyola..I was also always hanging in the middle…and was even short of 0.03 for a couple of times, until i gave up wishing and hoping. I really hope it works this time…if not…then it’s ok…the fact that i survived is still a great grace, considering the really tough job to do in ALS.
Haiz….it’s a new semester…new professors, new subjects…new challenges…Thank you Lord for this fresh new start!
Add comment November 13th, 2007
Juvenile Justice: Retributive or Restorative?
Juvenile justice is an issue that affects not only children involved in criminal activities but also child victims of poverty, abuse and exploitation. Throughout the world, children who come into conflict with the law are at the greatest risk of having their fundamental rights violated. For this reason, the Convention on the Rights of the Child (CRC) established the following as the core guiding principle for the treatment of children in conflict with the law:
State Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.â€? 1
States are therefore required to establish laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law. It is a legally binding instrument.
It is with this consideration that we seek to present relevant information on the trend of juvenile justice system in various countries, in relation to meeting these obligations. We will assess whether restorative or retributive forms of juvenile justice systems are being implemented in countries around the world. To this end, we will look into national juvenile justice systems, laws and practices based on the CRC and the UN guidelines on juvenile justice; the UN Rules for the Protection of Juveniles Deprived of their Liberty (JDLs), the UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines); and the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules). We approached this by looking at the state of juvenile justice in the various regions and individual nations of the world.
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1 Convention on the Rights of the Child. Available online at www.unicef.org.crc. Last Accessed October 23, 2007.
Add comment November 9th, 2007
The day before the Judgment Day…
haiz, la lng..just want to share…magulo ang araw ko today… maybe it’s because of the sub-conscious feeling of anxiety…i can’t seem to do my thing right…i’ve been trying to read sumthing for the whole day and somehow, i get distracted every now and then…i used to focus well with what I am doing, but today is different. It’s like I want to do so many things at a very little time. I feel like a convict in line to death row…
And yes…tomorrow is the judgment day (release of grades for 1st sem of law school)….and still, i can’t make my student login account work…the heck! I am praying to pass all subjects, and at the same time i don’t want to expect too much and break my heart later on…but i also don’t want to count it in as a failure coz it might come true..hehehe…waaahhh….i am starting to get paranoid for tomorrow. haiz….may God be with all ALS students tomorrow. haiz…haiz…haiz…
Add comment November 8th, 2007
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