Case Synthesis: Practice of Law

Cases:
1 - In Re David, 93 Phil 461 (1954)
2 - Philippine Lawyers association vs Agrava, 105 Phil 173 (1959)
3 - People vs Villanueva, 14 SCRA 109 (1965)
4 - Ulep vs Legal Clinic, 223 SCRA 378 (1993)
5 - Cayetano vs Monsod, 21 SCRA 210 (1991)

     In the case of In Re David, 93 Phil 461 (1954), the act of being a legal consultant is a practice of law. To engage in the practice of law is to do any of those acts that are characteristics of the legal profession. As such, neither can he allow his name to appear in such pleading by itself or as a part of a firms name under the signature of another qualified lawyer as he is under suspension from the practice of law. Thus, he cannot do indirectly what the Constitution prohibits directly.

     In Philippine Lawyers association vs Agrava, 105 Phil 173 (1959), the practice of law iss not limited to the conduct of cases or litigation in court. It embraces any activity in or out of court that requires the application of law, legal principles, practices or procedures and calls for the legal knowledge, training and experience. Moreover, only the Supreme Court has the exclusive and constitutional mandate (Art 8, Sec. 5(5))with respect to the admission to the practice of law in the Philippines. And, any member of the philippine Bar in good and regular standing may practice law anywhere and before any entity, whether judicial or quasi-judicial or administrative in the Philippines.

     In the case of People vs Villanueva, 14 SCRA 109 (1965), practice of lawimplies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services. Moreover, private practice is more than an isolated appearance for it consist of frequent customary actions, a succession of acts of the same kind. It may, however, amount to practice of law in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession (e.g all members of the judiciary, judges, President, Vice-president, etc.)

     In Ulep vs Legal Clinic, 223 SCRA 378 (1993), the practice of law is not limited to the conduct of cases in court. It includes legal advise and counsel, as well as preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be pending in a court. When a person participates in a trial and advertises himself as a lawyer, he is in the practice of law. One who confers with his clients, advises them as to their legal rights and then takes the business to an attorney and asks the latter to look after the case in court is also practicing law. Giving advice for compensation regarding the legal status and rights of another and the conduct with respect thereto constitutes a practice of law. And, the standards of the legal profession condemn the lawyer's advertisements of his talents. A lawyer cannot, without violating the ethics of his profession adevertise his talents or skill in a manner similar to a merchant selling his goods. The only exceptions are when he appears in a reputable law list and use of ordinary, simple professional card.

     And, in the case of Cayetano vs Monsod, 21 SCRA 210 (1991), to engage in the practice of law is to perform those acts which are characteristics of the legal profession. Generally, to practice law is to give notice or render any kind of service, which devises or or services require the use, in any degree, of legal knowledge or skill. As such, Atty. Monsod's past work experiences as a lawyer-economist, lawyer-mangaer, lawyer-entrepreneur of industry, lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and poor verily satisfy the constitutional requirement that he has been engaged in the practice of law for at least 10 years.

Case Digest: People vs Jalosjos

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO G. JALOSJOS,

accused-appellant.

Facts:

         The victim of rape in this case was a minor below twelve (12) years of age, who herself narrated the shameful details of the dastardly act against her virtue. The victim was peddled for commercial sex by her own guardian whom she treated as a foster father. Because the complainantwas a willing victim, the acts of rape were preceded by several acts of lasciviousness on distinctlyseparate occasions..The accused was then CongressmanRomeo Jalosjoswho, inspite of his having been charged and convicted by the trial court for statutory rape, was stillre-elected to his congressional office. On December 16, 1996, two (2) informations for the crime ofstatutory rape and twelve (12) for acts of lasciviousness, were filed against accused-appellant

      

      The victim, Maria Rosilyn, grew up in a two-storey apartment in Pasay City under the care of SimplicioDelantar, whom she treated as her own father. Simplicio was a fifty-six year old homosexual whose ostensible source of income was selling longganiza and tocino and accepting boarders at his house.He, however, was also engaged in the skin trade as a pimp.

          Rosilyn ran away from home with the help of one of their boarders. They went tothe Pasay City Police where she executed a sworn statement against SimplicioDelantar. Rosilynwas thereafter taken to the custody of the Department of Social Welfare and Development (DSWD).The National Bureau of Investigation (NBI) conducted an investigation, which eventually led to thefiling of criminal charges against accused-appellant He was also convicted on six (6) counts of acts of lasciviousness.

Issue/s

1.      WHETHER OR NOT THE TRIAL COURT GRIEVOUSLY ERRED IN CONVICTING THE

ACCUSED-APPELLANT BASED ON TESTIMONY OF THE PRIVATE COMPLAINANT,

CONSIDERING THE ATTENDANT INDICIA OF INCONSISTENCIES AND UNTRUTHS.

2.      WHETHER OR NOT THE TRIAL COURT GRIEVOUSLY ERRED IN DISREGARDING THE SIGNIFICANCE

OF THE CONFLICTING STATEMENTS GIVEN BY THE PRIVATE COMPLAINANT.

3.      WHETHER OR NOT THE TRIAL COURT GRIEVOUSLY ERRED IN DISREGARDING THE SIGNIFICANCEOF PRIVATE COMPLAINANT'S FAILURE TO IDENTIFY THE ACCUSED-APPELLANT.

4.      WHETHER OR NOT THE TRIAL COURT GRIEVOUSLY ERRED IN RULING THAT THE PRIVATECOMPLAINANT WAS A MINOR LESS THAN TWELVE YEARS OF AGE WHEN THECLAIMED INCIDENTS ALLEGEDLY TOOK PLACE.

5.      WHETHER OR NOT THE TRIAL COURT GRIEVOUSLY ERRED IN FINDING THAT RAPE WASCOMMITTED AGAINST THE PRIVATE COMPLAINANT.

Ruling

The Supreme Court affirmed the decision of the RTC Makati with modification of penalty.

1.      TESTIMONY OF VICTIM; DOCTRINE OFFALSUS IN UNO FALSUS IN OMNIBUS; APPLICATION THEREOF NOT AN ABSOLUTERULE OF LAW; CASE AT BAR. The contention is without merit. Falsus in unofalsus inomnibus is not an absolute rule of law and is in fact rarely applied in modernjurisprudence.Trier of facts are notbound to believe all that any witness has said; they may accept some portions of his testimony and reject other portions, according to what seems to them, upon other facts and circumstances to be thetruth . . . Even when witnesses are found to have deliberately falsified in some material particulars,the jury are not required to reject the whole of their uncorroborated testimony, but may credit suchportions as they deem worthy of belief.

2.      CREDIBILITY OF WITNESSES; NOT AFFECTED BY SOMEAMBIGUOUS ANSWERS ON WITNESS STAND, WHICH REFERS TO MINOR ANDPERIPHERAL DETAILS; CASE AT BARA reading of the pertinent transcript ofstenographic notes reveals that Rosilyn was in fact firm and consistent on the fact of rape andlascivious conduct committed on her by accused-appellant. She answered in clear, simple andnatural words customary of children of her age.

3.      IDENTIFICATION OF THE ACCUSED; DEFECT IN OUT-OF-COURT

IDENTIFICATION OF THE ACCUSED CAN BE CURED BY AN IDENTIFICATIONSUBSEQUENTLY MADE IN COURT; APPLICATION IN CASE AT BAR.Contrary to thecontentions of accused-appellant, the records reveal that Rosilyn positively and unhesitatingly identified accused-appellant at the courtroom. Such identification during the trial cannot be

diminished by the fact that in her sworn statement, Rosilyn referred to accused-appellant as her abuser based on the name she heard from the person to whom she was introduced and on the name she saw and read in accused-appellant's office.

4.      AGE OF THE VICTIM IN RAPE CASES MAY BE ESTABLISHED BY

DOCUMENTARY EVIDENCE OTHER THAN THE BIRTH CERTIFICATE; PRESENT INCASE AT BAR. — It is settled that in cases of statutory rape, the age of the victim may be provedby the presentation of her birth certificate. In the case at bar, accused-appellant contends that the birth certificate of Rosilyn should not have been considered by the trial court because said birthcertificate has already been ordered cancelled and expunged from the records by the Regional TrialCourt of Manila, Branch 38, in Special Proceedings No. 97-81893, dated April 11, 1997. Even assuming the absence of a valid birth certificate, there is sufficient and ample proof of the complainant's age in the records. Rosilyn's Baptismal Certificate can likewise serve as proofof her age. In People v. Liban, we ruled that the birth certificate, or in lieu thereof.

5.      WHEN CONSUMMATED; SUFFICIENTLYESTABLISHED IN CASE AT BAR. — True, in People v. Campuhan, we explained that thephrase, "the mere touching of the external genitalia by the penis capable of consummating thesexual act is sufficient to constitute carnal knowledge.Theinevitable contact between accused-appellant's penis, and at the very least, the labia of the pudendum of Rosilyn, was confirmed when she felt pain inside her vagina when the "idiniin" part ofaccused-appellant's sex ritual was performed.

6.      STATUTORY RAPE; ELEMENTS; ESTABLISHED IN CASE AT BAR. — At the time of commission of the crimes complained of herein in 1996, statutory rape was penalizedunder Section 11 of R.A. 7659, which amended Article 335 of the Revised Penal Code, to wit:When and how rape is committed. — Rape is committed by having carnal knowledge of a womanunder any of the following circumstances: 1. By using force or intimidation; 2. When the woman isdeprived of reason or otherwise unconscious; and 3. When the woman is under twelve years of age or is demented

Case digest : Caltex vs Palomar

Civil Code Article 8: Judicial decisions applying or interpreting the law shall form a part of the legal system.

Caltex (Philippines), Inc. Petitioner-appellee

Vs.

 Enrico Palomar, Postmaster General Respondent-appellant

Facts:                  

                    In 1960, the petitioner, Caltex (Philippines) Inc., launched a promotional scheme called "Caltex Hooded Pump Contest" which calls for participants to estimate the actual number of liters a hooded gas pump of each Caltex Station will dispense within a specific period. Such contest is open to all motor vehicle owners and/or licensed drivers. There is no required fee or consideration, and there is no need for the contestants to purchase the products of Caltex.  The forms are available upon request at each Caltex Station and there is a sealed can where accomplished entry stubs may be deposited.  Foreseeing the extensive use of mails for publicizing and transmission of communication purposes, Caltex sent representatives to the postal authorities for advance clearing for the use of mails for the contest.  But then, the Postmaster  General, Enrico Palomar, denied the request of Caltex in view of Sections 1954 (a), 1982 and 1983 of the Revised Administrative Code.  The aforesaid sections prohibits the use of mail conveying any information concerning non-mailable schemes, such as lottery, gift enterprise, or similar scheme. Consequently, Caltex invoked a judicial intervention by filing a petition of declaratory relief against the Postmaster General, ordering the Postmaster General to allow the petitioner to use the mails to bring the contest to the attention of the public and that the aforesaid contest is not violative of the Postal Law.

Issue:

Whether or not the petition of Caltex states a sufficient cause for declaratory relief.

Whether or not the ‘Caltex Hooded Pump Contest’ violates the Postal Law.

Ruling:                  

                         Judgment Affirmed.

‘Caltex Hooded Pump Contest’ is not a lottery that may be administratively and adversely dealt with under the Postal Law nor does it transgress any of its provisions. A lottery or gift enterprise comes within the prohibitive statutes only if it exhibits the tripartite elements of prize, chance and consideration; and, there being no consideration derived directly or indirectly from the party receiving the chance with regards to this contest means it is not one. Hence, the appellee may not be denied the use of the mails for the purposes thereof and that the petition herein states a sufficient cause for declaratory relief.

Case Digest: Miciano vs Brimo

Civil Code Article 16                        

Real Property as well as personal property is subject to the law of the country where it is situated.

                                                                

However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated be the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.

Miciano vs Brimo

GR No.22595, November 1, 1927| 50 Phil 867

FACTS:

Juan Miciano, judicial administrator of the estate in question, filed a scheme of partition.  Andre Brimo, one of the brothers of the deceased (Joseph Brimo) opposed Miciano’s participation in the inheritance.  Joseph Brimo is a Turkish citizen.

ISSUE:

Whether Turkish law or Philippine law will be the basis on the distribution of Joseph Brimo’s estates.

HELD:

Though the last part of the second clause of the will expressly said that “it be made and disposed of in accordance with the laws in force in the Philippine Island”, this condition, described as impossible conditions, shall be considered as not imposed and shall not prejudice the heir or legatee in any manner whatsoever, even should the testator otherwise provide.  Impossible conditions are further defined as those contrary to law or good morals.  Thus, national law of the testator shall govern in his testamentary dispositions. Because a provision of foreigner’s will to the effect that his properties shall be distributed in accordance with Philippine law and not with the national law, is illegal and void, for his national law cannot be ignored.

  

The court approved the scheme of partition submitted by the judicial administrator, in such manner as to include Andre Brimo, as one of the legatees.

Case Digest: National Marketing Corporation Vs. Miguel Tecson

Civil Code Article 13: 

When the law speaks of years, months or nights, it shall be understood that years are of 365 days each; months of 30 days; days of 24 hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

        In computing a period, the first day shall be excluded, and the last day included.

National Marketing Corporation Plaintiff, Appellant

Vs.

Miguel Tecson, et. Al defendants, Miguel Tecson defendant-appellee, The Insurance Commissioner, petitioner

Facts:                    On December 21, 1965, the National Marketing Corporation, as successor to all properties, assets, rights, and chooses in action of the Prize Stabilization Corporation, filed for the revival of the judgment rendered in Case No. 20520. Defendant Miguel Tecson moved to dismiss said complaint on the basis of lack of jurisdiction and prescription.

Issue:                    Whether or not there is prescription of complaint.

Ruling:                  Judgment affirmed. There is prescription as years are to be understood as 365 days; hence, 1960 and 1964 being leap years, so that ten years of 365 days each or an aggregate of 3,650 days from December 21, 1955 expired on December 19, 1965.

Case Digest : Garvida vs Sales Jr.

Civil Code Article 13: 

When the law speaks of years, months or nights, it shall be understood that years are of 365 days each; months of 30 days; days of 24 hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

 In computing a period, the first day shall be excluded, and the last day included.

Lynetter Garvida Petitioner

Vs.

Floencio Sales Jr., COMELEC, Election Officer Dionisio Rios & Provincial Supervisor Noli Pipo Respondents

Facts:                    On March 16, 1996, Lynette Garvida applied for registration as member and voter of the Katipunan ng Kabataan of Barangay San Lorenzo, Bangui, Ilocos Norte. However, her application was denied by the Board of Election Tellers since she exceeded the age limit. She then filed a “Petition for Inclusion as Registered Kabataan Member and Voter” with the Municipal Trial Court which was granted by the said court. Then, on April 23, 1996, Garvida filed her certificate of candidacy for the position of Chairman, Sangguniang Kabataan, Barangay San Lorenzo, Municipality of Bangui, Province of Ilocos Norte. On the same date, Election Officer Dionisio Rios, per advise of Provincial Election Supervisor Noli Pipo, disapproved petitioner’s certificate of candidacy again due to her age. Petitioner then appealed to COMELEC Regional Director Filemon Asperin who set aside the order of respondents and allowed petitioner to run. Earlier and without knowledge of COMELEC officials, private respondent and petitioner’s rival Florencio Sales Jr. filed with the COMELEC en banc a “Petition of Denial and/or Cancellation of Certificate of Candidacy” via facsimile and registered mail on April 29, 1996. And, on May 2, 1996 respondent Riso issued a memorandum to petitioner informing her of her ineligibility and giving hr 24 hours why her certificate of candidacy should not be disapproved. Also on the same date, the COMELEC en banc issued an order directing the Board Election Tellers and Board of Canvassers to suspend the proclamation of petitioner in the event she won in the election. This is why on May 6, 1996, Election Day, Garvida was not proclaimed the winner. She was only proclaimed on June 2, 1996. Said proclamation was “without prejudice to any further action by the Commission on Elections or any other interested parties.

Issues:                  Whether or not COMELEC erred in the cancellation of her candidacy on the ground that she has exceeded the age limit.

                                Whether or not COMELEC en banc acted within its jurisdiction in cancelling her certificate of candidacy.

Ruling:                  Petition dismissed. Lynette Garvida is declared ineligible for being over the age qualification for candidacy in the May 6, 1996 elections of the Sangguniang Kabataan. The general rule is that an elective official of the SAngguniang Kabataan must not be more than 21 years old on the day of his election. The only exception is when the official reaches the age of 21 years during his incumbency.

Case disgest: Spouses Bello vs CA

Civil Code Article 10: In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Spouses Bello Petitioners

Vs.

CA, Hon. Francisco Llamas, Judge of Pasay City Court and Republic of the Philippines Respondents

Facts:                    On August 25, 1970, spouses Bello were charged with estafa for allegedly having misappropriated a lady’s ring with a value of P1, 000.00 received from them from Atty. Prudencio De Guzman for sale on commission basis. After trial, they were convicted and sentenced. They then filed an appeal to the Court of First Instance and after that to the respondent city court which was also dismissed and ordered for execution of judgment “for having been erroneously addressed to this court”. Petitioner spouses then filed for prohibition and mandamus against the People and respondent city court to elevate their appeal to the Court of Appeals which was again dismissed after finding that the city court’s judgment was directly appealable to it. Still, the couple moved for reconsideration and stressing the merits of their appeal and of their defense but was again denied “for lack of sufficient merit”.

Issue:                    Whether or not the Court of Appeals erred in dismissing the case due to wrong procedure.

                                Whether or not the execution of judgment will be issued a mandamus

Ruling:                  Decision of CA to dismiss petition is set aside. Mandamus is issued for the execution of its judgment of conviction. And, said city court is commanded to elevate petitioner’s appeal from its judgment to the Court of Appeals for the disposition on the merits.

                                The Court of Appeals should have not dismissed the appeal but should have certified the case to the proper court. It is of the essence of judicial duty to construe statutes so as to avoid such deplorable result of injustice and absurdity and that a literal interpretation is to be rejected if it would be unjust or lead to absurd results.

A very inspiring speech...Thanks Atty. Fortun ;)

Last August 15,2014 we had our Acquaintance party at Venue88, General Santos City. And I would like to share this inspirational message given to us by our guest speaker, Atty. Raymond Fortun:

OF MOVING MOUNTAINS AND BEING THE BEST

Dean Moslem, teachers and students of the Mindanao State University GenSan campus College of Law, may’ng gabii kaninyong tanan.

I am very honored to have been invited to speak before you today. A person is commonly invited to speak before his peers because he is regarded in high esteem and possesses qualities that are worth emulating OR could be a good source of words of wisdom to become successful in his profession. I hope that my presence here today is because of what I have done in the legal profession and not because of the notoriety of, at one time, being the spokesman of Cedric Lee.

To be candid, I am not too sure if I’m the right person to be worth emulating. You see, I didn’t really do too well in school during my elementary, high school and undergraduate college days. Hindi po ako mahilig mag-aral nung bata ako. Mas mahilig po ako na maglaro ng cops and robbers and patintero than do my assignments. I still vividly remember the times when I would be sent to the Prefect of Discipline’s office for playing near the convent, which was an off-limits area. Nambabato po ako dati ng chalk sa mga bakla and almost got expelled for bringing my brother’s pocketknife to school.

Of course, I’ve had my bright moments, which were mentioned during my introduction. Kaya lang, and unlike most lawyers and politicians, I am uncomfortable talking about myself. To this day, I am incredulous about the amount of attention I attract whenever I go out in public, eh hindi naman ako artista. Hindi po ako ipinanganak na mayaman at wala po akong planong yumaman. I have not been instrumental in the passage of any significant legislation. And so while I feel that I may not be worthy, God may have his reasons in convincing Ms. Hannah Villaflor to invite me over. And so allow me to share with you a few of my thoughts on how to excel in the legal profession, in life and in whatever you want to do.

I would like to throw a question to all of you. “To excel and be successful, one must have the brains for it.” Tama ba o mali? I say, success is determined not so much by the size of one’s brain but by the size of one’s thinking. Kaya po tayo hindi umaasenso, whether inside the classroom or outside, ay dahil na rin sa pag-iisip na pumapalibot sa atin. All around us is an environment that is trying to pull you down. It tells us, “que sera sera, whatever will be will be”, that your destiny is outside your control, that “fate” is in not in your hands. Feng shui is not only a movie starring Kris Aquino, but a must in any working environment. So forget those dreams, forget that nice house in Forbes Park, forget the good life. Accept the fact that you will forever be anonymous and poor. So lie down and wait to die.

This does not have to be. As the prophet David once wrote, “As one thinketh in his heart, so is he”. John Milton in his novel, Paradise Lost, also wrote, “the mind is its own place and in itself can make a heaven of hell or a hell of heaven.” And even Shakespeare observed, “there is nothing either good or bad except that thinking makes it so.”

I am sure everyone in this room wants to excel and be successful. The problem why we do not excel is because we have been led to believe that we won’t. Hindi ba merong biblical passage na “faith can move mountains”? Believe, really believe, you can move a mountain and you can. Not many people believe that they can move mountains. So, as a result, not many people do.

Of course, it is foolish to think you can make a mountain move away simply by saying, “Hoy mountain, umalis ka nga dyan.” But believing in the “I Can!” generates the power, skill and energy needed to do just that. When you believe “I-can-do-it”, the “How-to-do-it” develops. Without an unwavering belief that man can travel in space, our scientists would not have the courage, interest, and enthusiasm to send a man to the moon. Belief in great results is the driving force, the power behind all great books, plays, scientific discoveries and is behind every successful business, church and political organization. And for those of you here who dream of being a lawyer someday, believe that you can be a better lawyer than Raymond Fortun, and you will achieve it. (Pause) Sabagay, libre lang ang managinip, and when you really ARE better, retired and bungal na ako by then anyway.

How, then, do you develop the power of believing in your own excellence and success? Firstly, think success, don’t think failure. At work, in your home, kahit sa lovelife, substitute success thinking for failure thinking. When you face a difficult situation, think, “I’ll win, “ not “I have no hope of winning.” When you compete with someone else, think, “I’m better than you”, not “I’m no match.” When courting a girl, think “Sasagutin ako nito!” not “Mababasted ako.” Thinking positively conditions your mind to create plans that produce positive results. Thinking failure does the exact opposite. Secondly, remind yourself regularly that you are better than you think you are. Successful people are not supermen. People who excel are just ordinary folks who have developed belief in themselves and what they do. Thirdly, think big. The limits of your success is determined by the limits of your belief. Aspire for little goals and you can expect little achievements, but think big goals and you are able to achieve big dreams.

When you go deep into the study of people, you will discover that unsuccessful people suffer a mind-deadening thought disease which Dr. David Schwartz calls, “excusitis”. Excusitis explains the difference between the person who is going places and the fellow who is barely holding his own. The more successful the individual, the less inclined he is to make excuses. Pero yung tao na walang patutunguhan at walang plano na merong makamtan ay may pinakamaraming palusot kung bakit hindi nila matupad ang mga pangarap nila. Persons with mediocre accomplishments are quick to explain why they haven’t, why they don’t, why they can’t, and why they aren’t.

Kanina, natanong ko kung kelangan nga talaga ng talino para magtagumpay sa buhay. Most of us have two basic errors with respect to intelligence: one, we underestimate what our brain is capable of; and two, we overestimate other people's smarts. Because of these errors many people sell themselves short. They fail to tackle challenging situations because “hindi naman ako matalino.” What really matters, however, is not how much intelligence you have but how you use what God has given you.

Remind yourself several times daily, “My attitude is more important.” At work and at home, practice positive attitudes. See the reasons why you CAN do it, not the reasons why you can’t. Develop an “I can do this” attitude. Put your intelligence to creative positive use. Use it to find ways to win, not to prove you will lose.

What we can achieve is limited only by the extent of our imagination; what we can accomplish is dampened only by the lack of belief in oneself. Ladies and gentlemen, this is the message of the ordinary, physically and intellectually less-gifted person standing before you today: you CAN do well in school. You CAN capture the heart of the prettiest girl/handsomest boy on campus. You CAN be the best lawyer in Mindanao or even in the Philippines. And if we all truly believe that this country can rise up from its present mediocrity and be great again, it will be. The power to do all these things, whether you realize it or not, is in all of us all this time. Believe, and you can move mountains.

Thank you and I wish you all the best.

IML Eco Park

            Last December 2013, we celebrated our office Christmas Party at IML (Ireneo Miguel Lopez) Eco Park located at Maasim Sarangani Province. It is a 60 kilometer drive from General Santos City (more or less 30-40 minutes yung byahe). Kaya heto ang mga comments ko sa karanasang iyon.

            

Unahin natin ang likes:

• Ang resort ay mayroong excellent na landscape na tanaw ang Sarangani Bay at ang malawak na coconut plantation na malapit sa lugar...hehehe..makikita nyo naman sa picture sa itaas na talagang napakaganda ng view..Kaya nga it makes for a "malayo ang tingin ngunit wla namang tinatanaw" moment ;)

•  Isa din sa mga nagustuhan ko ay mayroon silang slides sa pool at mga "mushroom shades" kung saan pwedeng makasilong if mainit na masyado ang araw ngunit gusto pa rin magbabad sa pool.

• Marami din silang mga cottages na pagpipilian na angkop sa dami ninyo. I suggest though na huwag ninyo piliin yung maliliit na cottage malapit sa pool kasi mainit doon pagtanghali.

Plus factor din ang kanilang shooting range. Kung saan matetest at mapractice ang iyong shooting abilities. Hmmm,  in fairness, mabait yung in-charge at pasensyoso sa pagtuturo kung paano bumaril ng straight hehehehe pero hindi ako nagtry ha yung kaibigan ko lang.

Mayroon din silang mini zookung saan matatagpuan mo ang ibang klaseng mga birds, snakes, monkey at iba pa. 

May restaurant, zipline , conference room, at  airconditioned rooms for overnight guests din sila. Ngunit hindi ako mkapagcommento sa mga ito kasi hindi kami nagtry magzipline kasi walang person-in-charge. Hindi din kami kumain sa resto nila kasi nagdala kami ng sariling pagkain. At hindi din kami nag overnyt o gumamit ng kanilang conference room. Pero, sa aking palagay, ok naman ang mga ito.

 At para sa dislikes naman:

Ang hindi ko lang nagustuhan ay walang sapat na signage para mkapagsasabi na malapit kana sa IML. Kaya nga muntik na kaming mawala dahil lumampas kami sa IML Resort Entrance. Malabo din yung signage na IML Resort. Sana lang ay maglagay sila ng malaking banner(yung klaro ha hindi faded) na nagsasabi na "Welcome to IML Resort" or "You are 10 meters away from IML", etc.

Nahirapan din kaming magCR, magbihis at makapagbanlaw dahil isa lang ang kanilang CR. (sana dagdagan in the future)

Isang pool na lang din ang pinapagamit o functioning noong nagpunta kami. Sort of na disappoint nga ako kasi I was expecting two(pero mahal naman talaga magmaintain ng pool kaya understandable bakit isa nlang ag pinapagamit)

.....Anyway, if magkakaroon ulit ng pagkakataon ay babalikan ko ang lugar na to dahil it really is a place for rest, relaxation and adventure. The memories we created are always priceless and a treasure worth keeping :)

BY the way here are some pertinent information you should know :



Entrance Fee: 

P50.00 from 7am-6pm
P75.00 for overnight guests with unlimited use of swimming pools. 

Rooms:

P1,500 Airconditioned
P1,000 Economy

Cottages:

P2,000 - Close Cottage
P150 - Open Cottage


Zipline:

P200 per ride


Firing Range:

P100 per 3 bullets



...by the way, the pictures were taken either by me or my friends..hehehehe

Unjust enrichment personified

What is a student leader? 

What is a student volunteer?

Can you be the former without being the latter?

Or can you be both?

I am currently enrolled at this law school which is a state university (although I am not really belittling my school, there really are a lot of shortcomings which makes me sad and mad at the same time) So anyway, it is not one of the best schools in the country. Its amenities are one of the worst, its building (which is in a sort-of dilapidated state) is shared with the high school, grad school and some review centers of the university, the professors are often absent and usually changes the prescribed schedule (class & exams) every now and then, the dean is out of reach( he is based in another part of the country), the staff is sort of unreliable (the TORs, certificate of registration & other papers are either misplaced, misspelled or something), and many other negative attribute. So why am I still enrolled here? Well, I have no choice. After all, it is the only law school in the immediate area and the tuition fee is also affordable.

But what really prompted me to write(which in a way released some of my pent-up feelings) is our College of Law Student Association or CLSA. Why? because of the unreliable, irresponsible and untrustworthy attitudes as well as the  self-serving decrees of its officers. So how can I say this? Well, it was only recently that we learned that the CLSA officers are "exempted" from the CLSA fees of more than P2,000. Now, this may seem minimal to some but the amount inconsequential since it is the principle we are talking about. What I mean to say is that, shouldn't you be an example for your constituents to follow? By that, if you are demanding fees from the student body, then shouldn't you do the same? After all, you are also still a student. And then when you are confronted with this question, you flaunt to us the "loss earnings" you have because you took a leave of absence from work in order to serve the student body in the enrollment?..Oh come on! You already know that by running for the respective offices you are now in, that you are also student volunteers. 

Added to this, when we demanded last year's financial statement  as well as the projected budget for this school year, you cannot even show that? Shouldn't transparency be considered since, technically, it is our money you are spending.

 And what about the tshirts, IDs and booklets we paid for last year that was never given to us. Will it just be called "quits"?! I believe that is not going to happen. You see, even if we are not law students, the term "unjust enrichment" is very basic.  

Furthermore, when some of our classmates withdrawn their enrollments (due to job transfers) last june, shouldn't their CLSA fees be returned since they could not very well enjoy or become part of the acquaintance party, intrams, and other student activities? After all the school itself refunded their tuition fees and yet you refused to do? What a gall.

Even though most of the student body thinks that you are "holier than thou" , some of us don't. Even if there is only a few of us who will fight for this cause, we will still continue to fight. Even though setbacks be thrown our way, we will persevere and pursue because we believe that as long as we will not give up, one day, we will revolutionized this association.

So help us God.

la la la la

i love my cellphone. 
sometimes it flies, 
sometimes it crawls, 
most of the time we play hide and seek 
this morning, it took a dip
and now, it's playing dead.

Pawikan oh la la :)

Ano ba ang pawikan?

     Ayon sa wikipedia, ito ay isang uri ng malaking pagong o galapagong na may mga palikpik imbis na paa at karaniwang nabubuhay sa dagat. Ito raw ay reptilyang mga pandagat na naninirahan sa lahat ng karagatan maliban sa arctic ocean.

   
Noong 2011, ay isinama akong mamasyal sa Maitum, Sarangani Province ng kaiban ko. At isa sa mga pinuntahan nga namin ay ang Pawikan Sanctuary. Doon, nakita ko ang madaming malilit na pawikan na inaalagaan ni Kuya Danilo Dequina.

pawikan holding pen

Ayon sa mga "mini-notes" (hmm..sort of mini diary) ko sa mga travel escapades, ang sanctuary ay pinangunahang itayo talaga ni Kuya Danilo. Kinukuha nya ang mga itlog na nakikita nya sa beach at inililipat sa nka screen na nesting sites. Tapos pagnapisa na ang itlog ay inililipat ang mga cute pawikan sa "holding pen".At kapag lumaki na ng konti ay pinakakawalan na sa dagat upang suungin ng mga ito ang "tunay na buhay".

  

"My pawikan"

...at tiyempo naman ng pagbisita nga namin doon ay ready na daw yung mga malilit na pawikan na harapin ang buhay sa dagat. Kaya ayun napaka excited namin dahil yun ang unang pagkakataon na mkapag "set-free" kami ng pawikan.
   

 Ang karanasan na ito ay hinding-hindi ko talaga malilimutan. Sana lang, ang mga pawikan na ito ay lumaki na malusog at masagana. At sana mkabalik ang mga ito dito sa Maitum, Sarangani Province       para mangitlog at magparami.


Kung gusto nyo palang pumunta dito at kararating nyo lang ng Bulaong Terminal, General Santos City, dapat ay sumakay kayo ng tricycle papunta sa Quezon Avenue kung saan nka alley ang mga van papuntang Maitum (huwag mabahala sabihin nyo lng sa tricycle driver alam nila yan). Pagnkasakay na kayo ng van ay huminto kayo sa Maitum Municipal Hall. Mula doon ay pwede kayong mag habal-habal ride patungo sa Pawikan Sanctuary (kilala naman ang lugar na ito kaya don't worry). Pero I strongly suggest na magprivate vehicle kayo dahil pwede kayong mag picture2 on the way sa lugar na ito at hindi kayo magwoworry sa transpo pauwi.

Bon voyage "my pawikan"

    Prayers are powerful. No matter what happen to us, we can always call to God for help. Whenever we are lonely, lost and confused He is always there for us. We may not see Him but we know that He is there.

    And there are a lot of prayers out there, different prayers for all our various needs yet there really is no format for one because we can just say anything to God, thanking HIM for our trials and blessings which help us to become stronger. Asking HIM for guidance, protection and strength. 

    But one such prayer that I really like is this one made by Paulo Coelho:


Lord, protect our Doubts.
Because Doubt is a way of praying.
It is doubt that makes us grow 
because it forces us to look fearlessly
at the many answers that exist to one question.
And for this to be possible...

Lord, protect our Decisions.
Because making Decisions is a way of praying.
Give us the courage, after our doubts, 
to be able to choose between one road and another.
May our Yes always be a Yes 
and our No always a No.
Once we have chosen our road,
may we never look back nor allow our soul
to be eaten away by remorse.
And in order for this to be possible...

Lord, protect our Actions.
Because Action is a way of praying.
May we, through work and Action,
share a little of the love we receive.
And in order for this to be possible...

Lord, protect our Dreams.
Because to Dream is a way of praying.
Make sure that, regardless of our age
or our circumstances, we are capable 
keeping a  light in our hearts 
the sacred flame of hope and perseverance.
And in order for this to be possible...

Lord, give us enthusiasm.
Because enthusiasm is a way of praying.
It is what binds us to the Heavens and to the Earth,
to grown-ups and to the children;
it is what tells us that our desires are important
and deserve our best efforts.
It is Enthusiasm that reaffirms to us that 
everything is possible as long as 
we are committed to what we are doing.
And for this to be possible...

Lord, protect us because Life is only the way
we have of making manifest Your miracle.
may the earth continue to transform seeds into wheat,
may we continue to transmute wheat into bread.
And this is only possible if we have Love;
therefore, do not leave us in solitude.
Always give us Your company,
and the company of men and women
who have doubts, 
who act and dream and feel enthusiasm,
and who live each day 
as it were totally dedicated to Your glory.

Amen