1 november 2011 || arellano law gazette

1november 2011 || arellano law gazette

EDITORIAL BOARDAY 2011-2012

JoHn PaUl P. galangEditor-in-Chief

SHaYne anne r. BaSCoAssociate Editor

aBDUl raFI M. onoSManaging Editor

aBigael CIreraNews Editor

mariCel taPaYFeatures Editor

aBDUl raFI M. onoSLayout Editor

KreMIl S. DaVIDJane hazel gUIrIBaFranCIS SalVaDorStaff Writers

attY. reYnalDo loPezAdviser

Editorial Office:Ground Floor, Heilbronn Hall,Arellano University School of Law,Taft Ave. corner Menlo Street.,Pasay City

Member:College Editors Guild of the Philippines

The Arellano Law Gazette is the official student publication of the Arellano University School of Law. Views and opinion expressed here are solely of the writers and editors and do not necessarily reflect those of the school management.

I like doing it while i embrace the greatest love of my life.

I always like doing it in bed.

I like doing it in an uncomfortable position.

I like doing it on the dinner table.

I like doing it on the couch.

I like doing it in different ways.

I like doing it sometimes tight, sometimes loose.

I like doing it messily. the messier, the better.

I like doing it alone.

1

2

3

4

5

6

7

8

9

1 2 3

4 5 6

7 8 9

You AllReady It is Novembar!

The once sleepy month for law students is now probably the busiest with the move of the Bar Examinations schedule from September to No-vember.

Several other changes, in fact, are happening in the Bar Exams this year – most significant of which is the full implementation of the Multiple-Choice Type of Questions in all subjects. It will also be the first time that the Exams will be held at the University of Santo Tomas after several years of being hosted by De La Salle University.

Despite all these developments, one thing re-mains – the Bar Examinations will be tough for those who did not study enough.

Atty. Maria Zarah R. Villanueva-Castro, Com-mercial Law Review Lecturer and our featured Professor in this Bar Examinations special of The Gazette, said the most important thing in law school and in taking the Bar Exam is prepa-ration.

Asked what she would do if she is to take the Bar Exam today, Atty. Zarah said: “Extensive reading because the scope of one MCQ is broader it can cover two or more cases.”

Preparedness does not only involve the aspect of studies though. Three barristers we have inter-viewed – Darwin, Teresa, and Darlene – know so well they also need to be ready emotionally, physically, and financially.

Surely there is so much pressure. We have heard countless stories about the Bar Exams through-out the years we spent in law school. Some can inspire; some can sow fear. Some led to success; some caused failure. Some become legendary; some are retold simply because they serve as fun fillers during class lectures.

What all these imply is that the Bar Exams can bring out the best and the worst in us. How far our best could take us or how low our worst could drag us down will determine our fate.

The good news is we can take control and we can rely on a strong support system to help us through. They are our families and friends, schoolmates and professors/administrators, and devoted organizations such as the Student Coun-cil and the Bar Operations Committee.

We hope that The Gazette, through this Special Issue, is also able to contribute something to help each and every AUSL bar-rister be truly prepared for the great challenge ahead.

Go Chiefs. Make us proud.

4

Guess what question the Gazette Staff is answering. Email your answers to [email protected] or add us on Twitter (@AUSLgazette) and tweet us your answer. Both the right and funny answers will be featured next issue.

NewsLEB Cites AUSL as Outstanding Law School 5Law Community Sends Off AUSL Barristers 6First Semester Enrolment Hits a New High 7Benj is AUSL Idol Season 8 Champ 7New Student Council Assumes Office 12

Announcements 8

FeaturesWoman of Law and Substance 9 Push Yourself, Counsel 24

ColumnThe Many Times I Had an Erection 26

Bar Exam Special 13

2011 Barristers 14Wearing the Game Face 16Law as a Social Science 18Bar Ops Commission Boosts Bar Preps 19Bar Confidant’s Last Minute Reminders 20Bar Exam Retrospection 21A War Against All of Us 22Chief’s Yell 23

cOnTEnTs EDITOR’s nOTE

4 arellano law gazette || november 2011 5november 2011 || arellano law gazette

newS

ranK

123456789

10

SCHool

at e n e o d e M a n i l a U n i v e r s i t yS a n B e d a C o l l e g e

U n i v e r s i t y o f t h e P h i l i p p i n e sat e n e o d e D ava o U n i v e r s i t y

U n i v e r s i t y o f S a n C a r l o sU n i v e r s i t y o f S t o . t o m a s

a r e l l a n o U n i v e r s i t yX av i e r U n i v e r s i t y

F a r e a s t e r n U n i v e r s i t yU n i v e r s i t y o f S a n a g u s t i n

The honors just keep rolling in. The Legal Education Board (LEB) is set to present Arellano Uni-

versity School of Law (AUSL) with an Award for Outstanding Law School be-ing among the Top 10 Best Performing Law Schools in the Bar Examinations of the past 10 years.

The award, which came on the heel of two Arellanistas bagging 3rd and 10th places in the 2010 Bar Exams, will be conferred on November 11 at the Manila Pavilion during the 2nd An-niversary Celebration of the LEB.

AUSL registered a passing per-centage of 42.90% in the last 10 years (2001-2010) to place 7th in the Top 10 list based on the official records of the Office of the Bar Confidant.

Dean Jose R. Sundiang will also receive a Plaque as Outstanding Law Dean in the said event, which will be attended by Supreme Court and Appel-late Court justices as well as officers and members of the Philippine Associ-ation of Law Schools (PALS), Philippine Association of Law Professors (PALP), and Integrated Bar of the Philippines (IBP).

“I was surprised when I learned about this award,” said Dean Sundi-ang. “We are actually No. 5 among law schools in Metro Manila and 7th over-all in the entire country.”

Not resting on this recent achieve-ment, he added: “I hope we can main-tain our standing or even improve it in the future. I am confident we can do that if we can address the challenges confronting us.”

Topping the list of Best Perform-

ing Law Schools in the Bar Exams is Ateneo de Manila University with an 89.03% average, followed by San Beda (85.74%), University of the Phil-ippines (79.84%), Ateneo de Davao University (64.99%), University of San Carlos (61.23%), University of Santo Tomas (60.22%), AUSL, Xavier Univer-sity (38.90%), Far Eastern University (33.14%), and University of San Agus-tin (31.63%).

The Top 5 schools will receive an Award for Excellence in Legal Educa-tion, while the 6th to 10th will be given the Award for Outstanding Law School.

Arellano University President Francisco P.V. Cayco, Director Floren-tino S. Cayco III, and Vice Dean Virgilio B. Gesmundo will be joining Dean Sun-

diang in accepting the award for the school.

The school learned of the recogni-tion through an official letter from for-mer Justice Hilarion Aquino, Chairper-son of the LEB, addressed to the Dean’s Office.

The LEB, created through Repub-lic Act No. 7662 or the Legal Education Reform Act of 1993, is mandated to su-pervise all law schools and continuing legal education providers in the coun-try. Among the members of the Board are representatives of the Integrated Bar of the Philippines (IBP), Philippine Association of Law Schools (PALS), Philippine Association of Law Profes-sors (PALP), active law practitioners, and bonafide law students.

Sundiangis

OutstandingLaw Dean

To The AUSL Barristers:

From the bottom of my heart, I wish you all the best of luck when you take the 201 1 Bar Examina-tions.

We, your mentors and adminis-trators, have done our best in giv-ing you the necessary and impor-tant guidance during your stay in the Arellano University School of Law. We are very confident that with your diligence and self-determination, you will pass the 2011 Bar Examinations with fly-ing colors.

Finally, I want to remind you of the importance of prayers. While you are taking the examinations, you may look at your right side and at your left side, seeking for information. You will never get it. You may look down in despera-tion, but you can look up for in-spiration.

Again, GOOD LUCK!

To my Dear Barristers,

The next coming days will be crucial. You are about to take the next step in your life on becoming your dream. Abraham Lincoln once said, “If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already.”

You have been waiting for this day to come, you have been prop-erly equipped by your Alma Ma-ter, you have prepared well, ap-proach it with fervor and zest, and take your rightful place in the profession that you sought after all these years, as we are all ready to welcome you our brothers and sisters in the legal profession , my Companeros and Companeras.

Good Luck and God Bless Arel-lano Law Barristers of 2011!

Hail to the Chiefs!!

To the Arellano Law Barristers,

Faith has always been the corner-stone of our strength as human beings - faith that we can be the best of ourselves; faith that we can attain our goals; and faith that God is with us in everything we do.

As an institution of higher learn-ing, the Arellano University School of Law not only develops legal knowledge and skills but also aspires to build in every stu-dent a character that can with-stand challenges.

We firmly believe that you – our 2011 Barristers – will apply all that you have learned and display such character in the Bar Exami-nations.

We shall lean on each other’s strength. And together we can achieve.

Good luck and God help us.

Dean

ATTY. JOSE R. SUNDIANG

DIreCtor oF PerSonnel anD aDMInIStratIon

DR. FLORENTINO S. CAYCO III

Dean, oFFICe oF StUDent aFFaIrS

ATTY. PORFIRIO D.G. PANGANIBAN, Jr.

MEssAGEs

by john paul galang

LEB CITES AUSL AS OUTSTANDING LAW SCHOOL


newSnewS

by jane guiriba

280CHIEFS

will take this year’s Bar Examinations

by jane guiriba

More than the usu-al cheers greeted the Arellano Law

School’s Bar Exam hopefuls during the traditional Send-Off Party held at the Faculty Car Park on October 22 to mark the end of the regular sessions of the Bar Review Program.

A trio of professional en-tertainers called “The God-

dess of Belly Dance” joined street-dancers and drum-beaters in the annual gath-ering of the Arellano Law Community to show support for this year’s barristers. The festive mood reverberated around campus to ward off the anxiety as the Bar Exam nears.

With its Mediterranean theme, the Send-Off organ-

ized by the school’s Center for Legal Education and Re-search (CLEAR) was a dif-ferent kind of treat for the barristers who enjoyed the belly-dancing performances.

In his speech during the program, Dean Jose Sundi-ang said the school profes-sors and administrators did their best to prepare the bar-risters for the Exams. He en-couraged those who failed in their first attempt not to lose heart, saying “to repeat the same mistake is tragedy but to correct a mistake is a thing of beauty.”

Dr. Florentino Cayco III, Vice Dean Virgilio Gesmundo, Judge Caridad Cuerdo, and Atty. Gabriel Dela Pena also delivered inspirational re-marks, all of them expressing their faith that the Arellano graduates can successfully hurdle the Bar.

A total of 280 Chiefs will take this year’s Bar Exami-nations at the University of Santo Tomas during the four Sundays of November.

Benjamin “Benj” Sarmiento, a 3rd year

student, bested six other contestants to become the AUSL Idol Season 8 Champion in the sing-ing competition’s Grand Finals held on August 19 at the Mariano Magsalin Hall. Sarmiento’s winning piece is “Mandy,” a Barry Manilow original.

The AUSL Idol is an annual fund-raising event organized by the Arellano Law Singers for the benefit of the barristers. Season 8, themed “Generations,” found the contestants in musical styles of different decades. Sarmiento was given 70s music to choose from. Acey Aguilar and Anna Deroca hosted the event.

photos by jppgalang

photos courtesy of ausl itc department

photo courtesy of ausl itc department

A record number of freshmen and transferees enrolled at the Arellano University

School of Law in the first semester of school year 2011-2012, thanks in no small part to the school’s two topnotchers in the 2010 Bar Exami-nations.

The Office of the Registrar said that 264 new students, 28 of which are transferees, were enlisted dur-ing the first semester. The total number, which is disaggregated into 123 males and 141 females, was a huge leap from last year’s turnout of 174. AUSL’s current stu-dent population is 1,054, compared to only 898 last year.

Ruther Martinez, an account-ant and a graduate of the Universi-ty of the Philippines (UP), said that he was encouraged to pick Arel-lano University for his law school primarily because of the flexible schedule and the fact that two of the Top Ten placers in the previ-ous Bar Exams were alumni of the school.

First year student Alphecca Adolfo, a CPA who hails from Leyte and also a graduate of UP in Visayas, related that she finds the executive program very conveni-ent for a working student like her.

“I chose AUSL over other law schools primarily because its Ex-ecutive Program nicely fits in my work schedule and I believe AUSL offers quality legal education com-parable to that of the Top 3 law schools in the country,” Adolfo said.

Adolfo admitted that her only reservation about her twice-a-week classes is that it is arduous to handle two to three subjects a day. “It’s very draining. Next time, I’ll try some weekday classes, if pos-sible,” she added.

Meanwhile, refreshers who

took units during the first semes-ter totaled 65 – an increase from last year’s 53 – but 18 of them later withdrew from the program.

by a. Cirera

Above: The new Chiefs attending the school orientation.

Left: Freshman Alphecca Adolfo (extreme left) with classmates.

FIRST SEmESTER ENROLmENT HITS A NEW HIGH

LAW COmmUNITY SENDS OFF AUSL BARRISTERS

BENJ IS AUSL IDOL SEASON 8 CHAmP


annoUnCeMentS

!

FeatUre

ALg

The Gazette will be introducing a section wherein students can ask questions on law subjects that they want to ask our professors.

In the form of a letter, any student may ask a ques-tion addressed to a specific profes-sor or to no one in particular and we will seek for and publish the best answer we can get. Send letters to [email protected] with name and student num-ber.

Request for legal advice or personal questions will not be entertained.

Our school paper still accepts appli-cants for various staff positions. Writers, editors, layout artists, cartoonists, and photographers are welcome to show their wares in The Gazette. There are no exams to take or interviews to hur-dle. We only need your commitment in helping spread news and other useful informa-tion in our com-munity.

Those interested in joining The Gazette can send a letter of expres-sion with a short resume to [email protected].

If the business of a law school is to teach law in a grand manner as what Justice Oliver Wendell

Holmes, Jr. said, then business must be thriving in the law schools where Atty. Ma. Zarah Villanueva-Castro is teaching – for she does not only teach law in a grand manner, she also makes it an enjoyable learning experience.

Atty. Zarah, Commercial Law professor and bar reviewer at the Arellano University School of Law, has been teaching in the past 13 years and though known to many as a “strict” professor, her approach to inculcating in the minds of the stu-dents whatever she teaches endears her to not just a few.

Once in the classroom, she can engage anyone in playful banter yet never lose that serious tone. She can talk about ordinary life events one minute and surprisingly find a con-nection to the day’s topic of discus-sion seconds later. She can forget a student’s name, but she will always remember what one did that caught her attention – mostly the funny things. No, Atty. Zarah is not a genius sort of schizophrenic. Her unique character is just a manifestation of versatility that developed out of the different roles she plays in her life.

Young and impressively smart – both in the legal and practical sense – Atty. Zarah manages being a professor, a corporate lawyer and executive, a wife, and a mother all at the same time.

She works during the day as Assistant Vice-President and Head of Corporate Office – Legal of the Manila Electric Company (Meralco). She is also the Corporate Secretary of One Meralco Foundation, Inc., e-

Send all of them and more to [email protected]

hear ye! hear ye!

We all know how toxic a law student’s life can be. That is why some of us look for out-lets to release frustration or stress. And not just a few find it in writing. No, not case digests or memory aides; but brilliant opus of literature.

So The Gazette, instead of fea-turing literary pieces in its regular issues, will be compil-ing them in a folio proposed to be released early next year. We therefore need contributions in the form of essay, poems, or short stories in Filipino and English or a combination of both. Photos and art works may also be included.

Submissions, accompanied by a short description of the author, should be sent to [email protected]. Authors can prefer to be anonymous or use a pseu-donym. The Gazette reserves the right to use all submitted articles and to edit them, if nec-essary.

Deadline of submission is on 31 December 2011.

Literary Folio Coming Up

Whether it is an embarrassing moment, a recitation gone wrong, a practical joke, a witty banter, or an unforgiveable booboo – tell us and you can win yourself a prize if it leaves us LOL and ROTFL.

Submit entries with name, year, and contact information to [email protected]. Senders of the top three funniest anecdotes will receive a special prize. Only original and unpublished stories will be considered.

All entries will be pre-judged by The Gazette editors. Entries that made it in the shortlist will be forwarded to a select group of professors for final judging.

The winning entries will be pub-lished in the next issue of The Ga-zette, giving the winners a shot at fame or further embarrassment, as the case may be. Deadline of sub-mission is on 30 November 2011.

Do you have an amusing experience in Law schooL that never faiLs to eLicit Laughter?

Share Your Funny law School anecdotes

A Question of Law

gazetterecruitment

DriveStill on

Comments, Complaints, objections, counter-objections?

WOmAN OF LAW AND SUBSTANCE

atty. Ma. zarah Villanueva-Castro

by maricel tapay


FeatUreFeatUre

Meralco Ventures, Inc., Meralco Finan-cial Services, Inc., Paragon Vertical, Inc., and Tangent Networks, Inc.

Later in the day and a few hours during the weekends, she transforms into a professor of law at San Sebastian College, San Beda College, and Arellano or a lecturer in Bar Review Programs in places as far as Cebu City.

At the start, in between office and teaching hours, and the end of every day, she becomes what she loves the most and that is being a wife to her hus-band Samuel M. Castro, Jr. and a mother to her daughter Kieran Iola (pronounced Ayola).

It cannot be helped to wonder where she gets the energy to assume all these roles.

Well, she would sometimes borrow strength from Bacchus Energy Drink (make that sugar-free, please), but the constant push that makes her go the ex-tra mile is her passion for teaching and love of family.

As a StudentAtty. Zarah graduated with Spe-

cial Honors in Elementary and class Salutatorian in High School, both at the Immaculate Conception School in her hometown Boac, Marinduque. In col-lege, she was a scholar at the University of the Philippines in Diliman where she finished her BA Political Science degree. She obtained her Bachelor of Laws in San Beda College, graduating as Class Valedictorian.

Confessing about her diligence in studying, she says: “I would study in the morning before going to San Beda, and in the afternoon, kinukulit ko ang mga kaklase ko who would only start to study once they got to the library.”

She did get her fair share of tough times, though, as a student. “I have nev-er been absent in my Criminal Law class under Atty. Amurao until our last meet-ing. I decided to be absent just so I would experience how it feels to be absent. Un-fortunately, my name was called for the recitation. I was given a failing grade for that recitation.”

When she took the bar exam in 1996, her mother was sick and was even confined at UST Hospital. Despite that, she managed to pass the bar with an even remarkable grade of 88.05%.

Her key to success is no secret. “Suc-cessful law students, those who eventu-ally pass the bar, are very determined and have very good study habits. They value discipline as well. These students usually figure out early how to maxi-mize their time and they are the ones who prioritize their studies above any-

thing else.”

As a LawyerAtty. Zarah was in her mid-20s

when she became a lawyer. From 1997 to 1999, she worked with the Court of Ap-peals (CA) as Executive Assistant IV un-der the Office of Justice Angelina Gutier-rez. She was later promoted to Executive Assistant V and then Court Attorney V.

After her CA stint, she worked as De-

partment Manager II at the Bases Conversion Development Authority in Villamor Airbase. Shortly thereafter, she joined Meralco where she is presently connected. She found her niche in corporate practice, which she says is a truly challenging and rewarding field.

Atty. Zarah shares an unforgettable ex-perience as a private lawyer then: “Before I joined Meralco, I handled an annulment case which involved two PSG personnel, I rep-resented the wife. The husband was a drug

addict, while the wife was a battered woman. My client had to endure a lot of things due to her husband’s drug ad-diction. One of the things he forced her to do while he was high on Shabu was to dance naked at the flagpole of the PSG grounds.”

Her grand dream as a lawyer is to be able to write a book that would serve as her legacy to the legal profession. She is currently gathering materials for a book on Commercial Law that she says would correct the inaccuracies in the “Zarah Notes” circulating in law schools.

As a Law Professor Atty. Zarah’s teaching career began

at San Sebastian College in 1998. She became a professor at San Beda College in 2001 and then at Arellano in 2003. The late Atty. Francis Sababan and Atty. Lumbera paved the way for her teaching stint in Arellano.

She considers as pet peeves those students who come to class unprepared and try to bluff their way out of the reci-tation by giving generic answers. She is aware that she is being branded as a ter-ror professor, but she says this is the big-gest misconception about her.

“I am not a terror (in class), but if

you do not study, and if you do not pass my exams, then I am sorry, but you will fail… the final grade that I give is defi-nitely non-negotiable and beyond the commerce of men.”

She finds satisfaction, and perhaps vindication, when her former students later come up to her and inform her that they passed the bar exams.

“I want to be remembered as a pro-fessor who gave her students the best knowledge possible, and who encour-aged her students to prepare and study well not only for the bar examinations but for the entire legal profession as well.”

As Simply ZarahWith her hectic daily schedule, Atty.

Zarah’s free time is golden and is usually spent with her family going out of town, watching movies, or doing activities with her kid such as painting. Whenever pos-sible, she would bring Iola to law school and let her interact with students dur-ing break periods. She is proud of her daughter, who is now in Grade School in Miriam College, being quite an achiever herself – getting all line of nine grades in her school subjects.

Atty. Zarah sees herself being an Ar-chitect if she did not become a lawyer. Showing her artistic side, she incorpo-rates drawings in her teaching method to effectively explain difficult Commer-cial Law concepts. But if she can go back in time, she says she would have taken Accounting as pre-law course instead of Political Science.

Asked if she would want her child to also become a lawyer, she says why not. “Lawyering is after all the noblest profession.”

The Sum of All of HerGrand. Passionate. Noble. These de-

fine Atty. Zarah’s aspirations in life. And she works hard to achieve them every day of her life whatever role she chooses to play.

1 If you could trade places with another for a day, who would

that be?Giada de Laurentiis

2 Philippine Azkals or Philippine Vol-canoes?

Not familiar with either.

3 Who was your fa-vorite That’s Enter-tainment member?

Sorry, we didn’t have Channel 7 in the province then. No ca-ble yet at that time.

4 What song would aptly describe your life?

Hmm. Ask me again after 10 years.

5 Kapuso, Kapam-ilya, or Kapatid?Disney Channel. Sorry

daughter Iola has total domin-ion over our TVs.

6 What is your com-fort food?Mongo with pata and

lemon grass with plenty of to-matoes.

7 Your favorite vaca-tion place is?Our home.

8 Latest movie you saw?Kung Fu Panda 2

9 How many ex-boy-friends you had?Two, including my

husband

10 Facebook or Twitter?Facebook (of my

husband because I don’t have a Facebook account)

quick q’swith atty. zarah

Above:Atty. Maria Zarah Villanueva-Castro hard at work in her office.

Left:Atty. Zarah with husband Samuel and daughter Kieran Iola.

Above Right:A sample of Atty Zarah’s class artwork.


newS

Members of the Supreme Stu-dent Council (SSC) of the Arel-lano University School of Law

(AUSL) quietly assumed office in June for a full academic-year term.

The Council is composed of Alma Fides Espinosa, 4th year, President; Yumi A. Paypon, 4th year, Vice Presi-dent for External Affairs; Mark M. Du-rante, 3rd year, Vice President for In-ternal Affairs; Jane Hazel Guiriba, 3rd year, Secretary; Rosemarie Carlos, 2nd year, Auditor; and Alex B. Santos, 4th year, Treasurer.

Several Council-led activities held during the first semester include the hosting of the First Lager Night, con-duct of a Forum on Electoral Issues, and outreach activities. The SSC also paved the way for the revival of the Freedom Board, extension of library hours until 12 midnight during exami-nation week, and provision of discount

coupons of up to 5 % on book purchas-es courtesy of Rex Bookstore during the enrolment period.

“The Council is dedicated to the cause of student excellence, including gaining positive support from the en-tire Arellano Community and encour-agement from the administration,” said Espinosa.

During the semestral break, the Council officers busied themselves supporting the preparations for the Bar Operations activities. As of this writing, they are still recruiting Bar Ops volunteers.

For the second semester, the SSC is planning to reinforce its continuing projects and organize new activities such as Fun Run and organize semi-nars and missions in partnership with the Philippine Red Cross and a Fun Run sometime in February.

by francis r. salvador

13november 2011 || arellano law gazette obama manong guard

yUmI pAypONfourth year

VICe PreSIDentFor eXternalaFFaIrS

MARk dURANTEthirD year

VICe PreSIDentFor InternalaFFaIrS

jANE HAzELGUIRIBAthirD year

SeCretarY

ALMA FIdESESpINOSAfourth year

PreSIDent

ARELLAnOLAw

GAzETTE

the

BARExAm

SpECIAL

2011 Barristers

wearing the game FaceOn the Bar Review Program

bar exams retrospection

the Bar Confidant’s last Minute reminders

a war against all of UsA message from the Student Council

NEW STUDENT COUNCIL ASSUmES OFFICE

FACE OFF!

The Leaders

ROSEMARIE CARLOSseconD year

aUDItor

ALEx SANTOSfourth year

treaSUrer

14 arellano law gazette || november 2011 15november 2011 || arellano law gazette 14 15

1. Abad, Cernick S.2. Abad, Nathalie Jane S.3. Abaya, Maria Fe A.4. Abayon Ii, Harlin Gleeperf J.5. Abiang, Rio Nila L.6. Abragan, Scarlette Rose C.7. Abuel, Raygraciano O.8. Acosta, Voltaire S.9. Agonoy, Ciara Marie P.10. Aguisanda, Angelica Socorro A.11. Agustin, Rona Rikka Angel G.12. Akot, Shaun Cary M.13. Alcover, Helen T.14. Almoradie, Zally A.15. Alpuerto-Capacillo, Mariposa G.16. Alviola, Emil B.17. Amurao, Karl Jerbert R.18. Andrion, Jofre Z.19. Ang, Joseph Y.20. Angeles, Cynthia D.21. Angulo, Belinda G.22. Arañas, Marlon Jerome V.23. Arciga, Mark Anthony P.24. Arconado, Ronald G.25. Aricheta, Donna Lynn U.

26. Aure, Gary C.27. Austria, Tyrol Joseph R.28. Austria, Vienna Marie R.29. Baculo, Melissa A.30. Badon, Raul B.31. Bago, Horace J.32. Baltazar, Estrella C33. Bangcoy, Paolo Martin S.34. Baniqued Jr., Angel M.35. Bantug, Maria Teresa Margarita Beatriz D.36. Basug, Samuel M.37. Bautista, Dianne Lilibeth S.38. Bernal, Jennifer Lyn B.39. Bernales, Michael S.40. Bernardo, Michelle G.41. Boado, Romina E.42. Bolong, Marie Diane O.43. Bolos, Maria Gracia Patricia S.44. Bonggon, Darlene Grace A.45. Borromeo. Jose Ira Archimedes D.46. Buenaventura, Aiza B.47. Buenconsejo, Lee Ann P.48. Cabacang. Lenizel S.49. Cabrera. Maria Nydia S.

50. Calicdan. Jovynal C.51. Caliguiran, Lorena C.52. Calimag, Erinne Ann B.53. Camañag, Ma. Karen B.54. Canicula, Beverly R.55. Carracedo, Christopher V.56. Casar, Hyderabad R.57. Casimiro, Rocky F.58. Catayong, Allan Ariel C.59. Catre, Joan Wren S.60. Cawilan, Maria Cecilia A.61. Chang, Bryant Symonds B.62. Chavez, Sheila Marie C.63. Cheng, Roy E.64. Clemente, Ma. Cecilia M.65. Clemente, Avva Maureen P.66. Collantes, Anna Consuelo V.67. Conde, Fiona E.68. Cortes, Philippe D.69. Cruz, Paula Angelica D.70. Culla, Maria Alva Renelyn A.

71. Cuyco, Kate Juris Prudence C.72. Dacanay, Jan Jacob Z.73. Dagdagan, Ma. Filipinas E.74. Daing, Paul Patrick D.75. De Castro, Marah Sharyn M.76. De Chavez, Ma. Fatima G.77. De Guzman, Raul Sj.78. De Jesus, Alberto Maria Lorenzo S.79. De Leon, Bernardo Jr. V.80. Devera, Sue Ann A.81. Dela Cruz, Aimee Rose D.G.82. Dela Cruz, Marcos Jr. F.83. Dela Cruz-Castro, Leny D.84. Delos Reyes, Voltaire Van L.85. Delos Santos, Benjamin Juan M.86. Delos Santos, Carlo Angelo O.87. Diamante, Paula Bianca M.88. Dimatatac, Christopher S.89. Docena, Denzil A.90. Domingo, Mary Emilene T.91. Dones. Jenny Anne T.92. Duran, Jensen Marie R.93. Dy, Kingsley M.94. Echavez, Liz Angelie M.

95. Engo, Katrina E.96. Ersando, Enrico A.97. Escobedo, Revsee A.98. Escueta, Cherry Ann E.99. Espiritu, France Leonor R.100. Esquivel, Lady Lanie C.101. Estrada. Karen Mae B.102. Fabie, Carlisle Marie Anselyn M.103. Fandialan, Maria Adella L.104. Feliciano, Thea Flor C.105. Flores, Jennifer M.106. Flores, Lloyd G.107. Flores, Rochelle Rita Marie N.108. Follo, Dennis T.109. Foronda, Katrine R.110. Fragata, Maria Consuelo L.111. Francisco-Simbillo, Rebecca S.112. Gacayan, Jason Roland P.113. Galarosa, Gia Joy G.114. Galas, Madonna G.115. Gallardo, Olga L.116. Gallo, Arnie Joy G.117. Galzote, Elmer L.118. Garcia, Jane Hazel Marie S.119. Gatdula, Ewendel R.

120. Gatus, Norman P.121. Gerolaga, Carlo Christian C.122.Gianan, Virgilio L.123.Glindo, Aggy Christine F.124.Grageda-Flores, Joanna Mayelle T.125.Guiao, Abraham P.126. Gutoc, Samira A.127. Hecita, Ivy Bianca R.128. Helmuth, Hazel L.129. Hernandez, Mark Dondee L.130. Hernandez, Ramon Gerard S.131. Herrera, Joey V.132. Herrera, Nicole L.133. Hortaliza, Khristine B.134. How, Sharrah Josse D.135. Ilagan, Juverglen C.136. Isabedra, Gilbert I.137. Isla, Fatima Ann S.138. Jawari, Liberty L.139. Jovellanos, Kevin Lee Z.140. Ladanga, Wilfred Raphidim L.141. Lajara, Soliman B.142. Lavarez, Ronie B.143. Lee, Loida F.

144. Legsto, Vanessa G.145. Libo-On, Patricia Grace P.146. Lina, Philip M.147. Lina, Rhodora A.148. Lobo, Cynthia Y.149. Longos, Victor C.150. Lopez, John Paul L.151. Lopez, Minerva F.152. Lozada, Wenceslao Georgio U.153. Lucio, Ma. Rosanna C.154. Lugod, Lorraine T.155. Macalanda, Ronald O.156. Maddara, Robert R.157. Malonda, Michael B.158. Manalili, Jorge Vincent G.159. Mangotara, Aisha M.160. Maristela, Don Benito U.161. Marquez, Emmanuel D.162. Matignas Jr., Ramon A.163. Mendoza, Barleon R.164. Mendoza, Corrine R.165. Menor, Edward M.166. Mina, Marites E.167. Mones, Johann Patrick C.

168. Morales, Julia Marie S.169. Narvaez, Joanna Maries V.170. Navales, Kristopher A.171. Navarro, Dyan G.172. Navarroza, Ghel C.173. Neri, May Clemence C.174. Nicolas, Maylene M.175. Novero, Jon Jason C.176. Obmaces, Rhazzlet M.177. Onida, Carmen Rosario I.178. Opulencia, Charissa Eloisa Julia R.179. Ordinario, Mary Grace B.180. Pablico, Christopher Jhundi D.181. Pador, Reo Arlan B.182. Palisoc, Jimmy M.183. Palmaria, Cyril Anne C.184. Pamaran, Dean Ace A.185. Paras, Maria Christina Lourdes A.186. Paris, Reynaldo F. 187. Pasamba, Roberto V.188. Patoc, Alex A.189. Patulot, Juliet N.

190. Pelagio, Danilo P.191. Peña, Azelyn T.192. Peña, Manuel P.193. Perez, Jocelyn E.194. Pineda, Billy Joel M.195. Piscasio, Porsche E.196. Posecion, Earl Jay C.197. Purugganan, Ramon Victor B.198. Quiambao, Reinier S.199. Quijano, Maria Kathryn G.200. Quindara, Michelle Geils E.201. Rafal, Cherry Liez O.202. Ramiro, Maria Teresa M.203. Ramo, Rina Rizza D.204. Rebuelta, Josef June Z.205. Recio, James Andrew N.206. Regalado, Julie Anne B.207. Relunia, Cirenne Mei M.208. Reyes, Earl Alfred B.209. Reyes, Merla A.210. Reyes, Robert Christopher F.211. Rios, Justiniano R.212. Rivamonte, Millicent S.213. Rivera, Riverie Joyce F.

214. Rodulfo, Michael Ian F.215. Rodulfo, Oliver Jr. S.216. Roman, Vernice Lauren S.217. Romano, Joseph G.218. Ruiz, Flerida G.219. Ruiz, Roviric M.220. Rutab, Kristi Ann P.221. Sabater, Maria Crisencia S.222. Sabornido, Noemi S.223. Sabudin, Zabrinah A.224. Salazar, Leticia C.225. Salon, Marcel C.226. Salvadora, Lovejoy R.227. Samson, Charisma R.228. San Jose, Tiara Marie229. Sanchez, Shinar Grace T.230. Sanciangco, Noel Edilberto P.231. Sapguian, Vicky Louise G.232. Sarip Jr., Gani P.233. Silangil, Alexander T.

234. Soguilon, Aaron C.235. Solis, Maria Myren S.236. Suarez, Gilbert T.237. Suntay, Maria Lourdes An-gelica C.238. Sy Juco, Mary Angeline E.239. Tabayag, Ernalyn J.240. Tallada Jr., Cornelio R.241. Tamayo, James Jules B.242. Tan, Maria Dianne M.243. Tan, Yiyi Khindini Z.244. Tayco, Clifford L.245. Tejada, Gracielle M.246. Tejano, Francis John L.247. Tejares, Mark Edward A.248. Tenorio, Cris P.249. Tesalona. Michelle Anne C.250. Tianela, Noel P.251. Tiburan, Jordan C.252. Tingchuy, Azenith B.253. Tolentino, Frederick L.254. Topacio, Genalyn C.255. Torno, Ricardo Luis M.256. Tuazon. Danilo A.

257. Turgano, Samuel Rufino J.258. Turla, Zandra A.259. Umaki, Melvin Niño A.260. Urriquia, Joel C.261. Uy, Mylene G. 262. Valderama, Nico B.263. Vargas, Sheryl L.264. Victa, John Paul Allen M.265. Villa, Adelino G.266. Villa, Antoniña P.267. Villaflor, Maria Aurora Ysabel P.268. Villanueva, Haidee Marie P.269. Villanueva, Maria Margarita M.270. Villanueva, Vincent Irving P.271. Villar, Benedicto C.272. Villas, Leah O.273. Viola, Stephanie-Eden T.274. Yapchulay, Necitas P.275. Zamora, Maria Regina C.276. Zenarosa, Anna Karenina A.277. Ziga Jr., Adrian Victor V.278. Zoleta, Melanie D.279. Zuñiga, Joseph Brian R.280. Zaidem, Alexandria

BARRIsTERsthe

2011


FeatUre || Bar Exams spEciaL

16 arellano law gazette || november 2011

Bar Exams spEciaL || FeatUre


The first strokes of greatness can-not be supplemented with subse-quent fractions of luck. The cel-

ebration for the feat of Arellano Law’s sons and daughters in the 2010 Bar Exams is short-lived. It’s the 2011 Bar Exams all too suddenly, and the mighty Chiefs must wear their game face once again.

The song goes “only fools rush in.” To the contrary, it shall be safe to say only fools rush in unprepared. Victory loves preparation and it is victory we aspire.

Preparation is a habit within the Arellano Law community. The tradi-tion has been constantly evolving into a hard-work inducing mean machine. The Chief loves its own. Like a good shepherd, it guards and directs its flock towards greener pastures. Hence, af-ter providing four grueling years of arduous training, AUSL continuously pamper its barristers with all the good old loving through the Bar Review pro-gram. Annually, the Arellano Bar Re-view Program tirelessly grinds its gears with grand intentions of providing the best with the best for the best.

The Gazette is fortunate enough to have interviewed bar examinees who enrolled in the Arellano Bar Review Program and an Arellano alumna who enlisted in another review program to give us a glimpse of how they prepared for the battle ahead – Darwin Blanza, a 39 year old chief nurse of Tabaco City, Albay; Maria Teresa Ramiro, a 36 year old Constitutional Law college profes-sor; and Darlene Grace Bongcon, a 29 year old teacher.

The encounter was convincingly instructive.

HOW DID YOU PREPARE FOR THE BAR?

DARWIN:Time management lang. First, prop-

er scheduling since I’m working, I filed for study leave and it was granted. It’s difficult to take the bar review with-out concentration. Then, settled all my financial liabilities, advanced the pay-ment to our kasambahay, and informed my family the importance of focus in my review.

Second, updates thru friends, class-mates and from SC website – the cover-age of the bar exam, its changes and eve-rything about the bar. Also, prepare the necessary books and review materials.

Lastly, I asked myself – am I ready to take the Bar and pass it? Am I ready emotionally, physically, financially, and mentally? Of course, the answer is in the affirmative. That’s the reason why I am here in Manila.

TERESA:Una, yung Health. You really have to

take care of your health. Hindi ka puwe-deng magkasakit talaga. Although nag-kasakit rin ako.

Ngayong three weeks na lang, men-tal, physical, yung endurance talaga kelangan mo yan. Yung focus. You have to prepare na 10 to 12 hours kang mag-babasa. Kanina pa kami nagbabasang 8 a.m., di pa kami tumitigil.

Kasi ngayong nag-aaral kami, work-ing kami eh. Naka-leave kami. You have to sacrifice that din. Syempre, financial-ly, marami kang pera dapat, maraming marami kang pera. Kasi yung books, yung materials mo, nung lower years ka, nakakatakot na siyang basahin kasi luma na siya.

DARLENE:Kung puwedeng hindi ka makagat

ng lamok. Konting sipon lang, kelangan meron ka na kaagad Vitamin C.

Stress management talaga. Ang break namin is kain lang.

Bago ka pumasok ng review, kel-angan mo ng piliin yung materials na ga-gamitin mo. Kasi yung mga libro mo nung first year ka, baka hindi siya applicable. So bibili ka na ng bago. May mga ganon akong libro. For example, labor. Kung titingnan ako ng iba para akong second year pero hindi. Actually bumili ako ng bago kasi eto updated na (showing her labor code). Bago ka mag-review, kel-angan mo talagang mamili ng materials na kaya mong basahin within a period.

HOW DOES THE BAR REVIEW PROGRAm HELP YOU?

DARWIN:Self-confidence and challenge. Self

confidence in the sense that I felt satis-fied lalo na ‘pag review kuhang-kuha mo at nasusundan mo.

HOW USEFUL ARE THE BAR mA-TERIALS? LECTURES?

DARWIN:General Rule: No learning without

reading. Reading without understand-ing is like eating without digesting. Of course with exceptions.

If wala yan sa buhay ko this review period, I’m not going to take the bar. Ganyan kahalaga sa akin ang review ma-terials.

DO YOU HAVE SPECIFIC READ-ING GOALS?

TERESA:Oo, hindi naman books, yung read-

ings lang. Like me, right now, the second week of the exam, mirror kasi yung gina-

gawa ko. So, ang morning ko is Civ, ang hapon ko is commercial. Then at night, we review everything.

DARLENE:Oo. depende kasi siya eh. Ako din

may ganon pero halimbawa, katatapos ko lang ng poli. Yung poli, binudget ko ta-laga. 10 days, kelangan kong basahin si Nachura. Nachura, codal, kasama na la-hat, kelangan kong basahin. Halimbawa ngayon, labor binabasa ko kasama mem-aid at tsaka bubuksan yung books. So, nagtutulong na lang silang dalawa.

HOW WOULD YOUR REVIEW BE IF YOU DID NOT ENROL IN THE PROGRAm?

DARWIN:No direction, that’s a waste of time

and money. Time management and proper scheduling is crucial to a review-ee. Dapat naka-set up na lahat, from pre-bar, pre-week, and pre-hour if possible.

HOW DIFFERENT IS THE CLASS-ROOm TYPE OF LEARNING FROm THE BAR REVIEW?

TERESA:You cannot afford to miss, basta give

up mo muna sa lahat. But at the same time, tahan na, tahan na. Huwag mong i-deprive masyado yung sarili mo. Kasi baka ma-burn out ka eh.

Hindi pwede kasi ang dami pang ba-basahin.

DARLENE:Totoo yun. Hindi naming sinasabing

lenient kami ha. Kasi hindi naman kami lenient eh. Kaya lang, parang mas doble, kasi nung una nakakapag-work pa kami eh. Kasi may work na, may studies pa. Pero ngayon, you cannot afford to work eh.

WHY ENROL IN THE ARELLANO BAR REVIEW PROGRAm?

DARWIN:The best and experienced review-

ers nandito sa AUSL. Schedule of review was another reason. Library and library hours solved ka na, wala ng hahanapin pa.

TERESA:Kasi home court. Pero parang

walang home court advantage. Libre kasi

ako, OFA kasi ako dati. Although hindi ko naman alam na libre. Pero yun nga, home na to eh. Unang una, MCQ ‘to, kahit saan naman ako mag-review, hindi naman nila alam to eh. So bakit pa ako pupunta sa lu-gar na mag-aadjust pa ako. Waste of time pag pag-aaralan ko pa yung lugar dito na lang ako.

DARLENE:Ako sana, home court advantage

pero may personal yung reason ko. Madaldal ako. Kaya pinili kong lumabas, kasi gusto kong mag-solo, ayaw kong may makakausap. Yung pag kakain ako, solo lang. mas gusto ko na yung ganon this pe-riod lang. Though thankful ako kasi dito ako nakakapag-aral. May privilege.

IS IT TRUE THAT THE BAR RE-VIEW IS A COmFORT BLANKET?

DARWIN:Precisely, sa review kasi malalaman

mo na “minsan” mas may alam ka sa kat-abi mo. Other reason, you are guided by reviewers what to prioritize, it discusses also the techniques how to answer pro-vides updates of new SC rulings.

WHAT PART OF THE REVIEW IS THE mOST VITAL?

DARWIN:All of them are vital.

TERESA:Kung saan ka mahina. Kasi ako

pinili ko lang din naman eh. Kung saan yung parang malabo pa sayo. Like ako nag-Dean Sundiang ako, book ni Dean Sundiang ako, actually hanggang ngayon naman book pa rin ni Dean binabasa ko, parang di na rin ako masyadong um-at-tend sa Comm eh. Balikan mo na lang din yung mga natutunan mo sa kanya.

Yung review program dito, yung lec-turers, wala ka naman talaga masasabi, magagaling talaga sila. Hindi ka puwe-deng maupo dun na wala kang alam. Hin-di ka magte-take note ng sinasabi nila, Although pag may hindi ka alam, maba-balikan mo yung sinabi nila.

DOES THE mOCK BAR HELP? HOW DOES IT PREPARE YOU?

DARWIN:Yes, it helps a lot. In the mock bar,

na-test ko na ‘di puwede magtsamba. Di ba 100 items yon. Item 1-50, I took it seriously and I got 39 rights answers.

However, items 51-100, tsamba lang, I got only 4 right answers. Ganon kaim-portante ang Bar at the same time, time pressure.

Well, priorities of subject. I apply SWOT analysis. Kung saan ako mahina doon ko bibigyan ng focus at extra effort. Kaya lang lahat yata subjects mahina ako kaya double time sa review.

TERESA:Mate-train ka talaga. Seseryosohin

mo talaga siya. You’ll know your weak-nesses and your strengths. Kung saan ka weak, nabo-bore ka bang magbasa ng mahaba or excited ka bang masyado to the point na nagiging careless ka? So yung mga ganong bagay. Every point kasi matters di ba?

Dun mo malalaman na marami pa akong dapat aralin kasi madami pa akong mali. Although hindi naman ta-laga sukatan yun kasi hindi mo naman alam kasi papaano mismo sa bar yung ide-decide. Although hindi naman talaga namin alam kung paano nila gagawin yung gagawin.

DARLENE:Maganda yung mock bar kasi yung

una mong take ng mock bar syempre two hours, tapos 100 questions. Alam mong kelangan mong i-divide yung one hour sa questions. So kelangan mong intindihin yung questions na pagkahaba-haba, kel-angan hindi ka mabagal magbasa.

So inoorasan ko talaga sarili ko. Pati pagkukulay, pagshe-shade kasi mauubos oras sa pagshe-shade mo. So ginawa ko lahat. Nung una, chini-check ko talaga saka ko inilipat. Nung sumunod, binalik-tad ko naman siya.

Kaya maganda yung mock bar kasi kita mo kung ano yung dapat mong gawin. Puwede mong maging problema pag nagmo-mock bar ka, yung mga sim-pleng bagay na hindi mo akalain na ita-tanong pa.

ARE YOU AWARE OF THE FEW WEEKS OR DAYS REmAINING BEFORE THE BAR?

DARWIN: “Judicial notice” na yan. Syempre

pag “ber” month na, “bar’’ month na ang susunod.

Indeed, “ber” month means the bar month – the kick off, the jump ball, the ring of the bell, the start. Now, steady on your ground Chiefs and wear that game face proud.

by shayne anne basco

WEARING THE GAmE FACEtHe Bar reVIeweeS’ StorY

18 arellano law gazette || november 2011 19november 2011 || arellano law gazette 18 arellano law gazette || november 2011

FeatUre || Bar Exams spEciaL Bar Exams spEciaL || FeatUre


Above: Doris Marie Medina, 2011 Bar Ops Chairperson.

The journey towards success may be long, tedious, and anx-iety-laden but the 280 Chiefs

taking the Bar Examinations this year will never walk alone.

The Bar Operations Commis-sion, in cooperation with the Center for Legal Education and Research (CLEAR), has been organizing ac-tivities since De-cember 2010 to ensure that the barristers are provided with much-needed a s s i s t a n c e and materials for their Bar Exam prepa-rations.

Doris Ma-rie M. Medina, 5th year Execu-tive, Chairperson of the 2011 Bar Operations, said the Commission primarily focused on the Bar Exams syllabus prepared by the Supreme Court. The most challenging portion of the Bar Ops so far, according to Medina, is beating the deadlines of the activi-ties.

“We understand the pressure. Whatever the barristers need, we as a Commission should extend any help possible to the point that they need not be hassled,” Medina said.

As early as now, the Commis-sion is already preparing the pre-week notes and last-minute tips, which are a combination of multi-ple choice questions and syllabus-related doctrines. Each Saturday of

November, it will work on

the last-minute materials by

gathering and compiling signifi-

cant information from the lectures to be held at

the hotel where the barristers will be billeted.

The Commission has also been taking part in planning and con-ducting activities meant to gather support for the barristers such as the Barista Night, Send-Off Party, Eucharistic Celebrations, and Post-Bar Party to be held on the evening of the last Sunday of the Exams.

“We are almost in the last stretch. We are excited. We are grateful to all the CLEAR lawyers and staff, Commissioners, Executive Committee members, Subject Heads, and all the volunteers who contrib-ute to making the 2011 Bar Opera-tions a success,” said Medina.

You may not be aware of it. But when you borrow any reading material from the library, you

find a gum label at the spine of the book. You may wonder why these gum labels have numbers. The second row with three-digit number always starts with 34 followed by dots and series of other numerals.

Any librarian will easily figure out what these numbers mean. As part of the classification, many libraries fol-low the Dewey Decimal Classification (DDC) of books. The DDC classifies the books and other library materials into ten classes, each class divided into ten divisions, and further divided into ten sections.

Law books for that matter belong to the general classification under 300-399 – Social Sciences. To be specific, Division 340 pertains to law, and all other sections within this Division in-clude the following: 341 – International Law; 342 – Constitutional and adminis-trative law; 343 – Military, tax, trade, industrial law; 344 – Social, labor, wel-fare and related law; 345 – Criminal law; 346 – Private law; 347 – Civil pro-cedure and courts; 348 – Laws, regula-tions, and cases; 349 – Laws of specific jurisdictions.

Knowing these things may not pro-vide practical value to a law student, who is in a hurry to get the general reg-istry number of a case and download it via www.lawphil.net. But from the point of view of library science, law as a discipline is simply a sub-classifica-tion of Social Sciences.

Developed by Melvil Dewey in 1876, the classification of the books ac-cording to subjects has become a con-venient way to do research. Despite having a working knowledge of the library, it has been a source of won-der – at least for me – why Dewey did

not designate Law as a general classi-fication. He simply inserted it as part of the Social Science discipline, with-out regard that the field of law is one that may contain voluminous topics to cover.

By some analysis, Dewey may have been correct in doing so. Social science as an academic discipline includes oth-er branches such as politics and gov-ernance, sociology and anthropology, economics and business. Categorizing law as another academic discipline un-der the Social Sciences is only proper. The commonality of all these branches is the involvement of man as a social animal. The study of society is a com-plex endeavor that is why scholarly specialties emerge to better compre-hend how society and all its attributes work.

This is where law comes in. As a discipline, law forms part of the daily life of our social involvement. It is an indispensable component of society. No society will practically exist had there been no law. Law is an active subject matter, evolving as it does to cope with the prevailing needs of the individuals who are part of it. To be idealistic about it, law must be created for the man, and not man for the law. That is why; legislation must be an-chored according to what is needed by the society. But in some instance, the reverse is true.

Civil Law Professor Domingo Le-gaspi has a term for it. He finds that there is a total disconnect between what the law says and the reality in the social context. He gives as exam-ple the civil code provisions on illegiti-mate children. Accordingly, in a soci-ety such as ours, where child rearing and development is highly regarded, the discrimination against illegitimate children and the rights and benefits ac-corded to them by law seem to miss the point. It thus goes against reason that we deny certain rights to illegitimate children simply because they are ille-gitimate.

We must have forgotten the very

provision under the basic law that the State shall defend the rights of children from conditions prejudicial to their de-velopment. The stigma attached to ille-gitimacy is a prejudicial condition that our law inflicts upon an illegitimate child.

Another instance of disconnect between the law and our social con-dition is the procrastinating attitude of our legal and judicial system in the disposition of cases. Filipino Time is a derogatory remark cast upon our so-cial psyche. Our disrespect for time has brought us into a quagmire of clogged dockets. We know where the problem lies. It is in our wrong perception of time. But our system tolerates delays, postponement of hearings, and other impractical procedures which only serve to waste time.

Even the Supreme Court takes a lifetime to decide an appealed case. The Court has an excuse: It is not bound by the rules which its members have promulgated.

It is also lamentable for Prof. Leg-aspi, that there are court cases which dragged on for decades. The parties have the penchant to appeal an adverse decision or elevate the matter to the high court via review, motions, or cer-tiorari. The worse part in this instance is that, there are cases which reach the Supreme Court after five or ten years, only to be remanded to trial court for it to receive evidence. This is another clear example of disconnect between what the law says and the reality in the social context.

And we have the guts to say that justice delayed is justice denied.

Recently, the Supreme Court has decided to reform the bar examina-tion. From the traditional essay type of question, the Court will now ad-minister the Multiple Choice Question. The purpose of MCQ as we call it is to objectively gauge the competence of the examinees. There will be no room for argumentative justification of an-swers. Nonetheless, the writing skills of would-be lawyers will still have to

be assessed by the second part (opin-ion making and memorandum writing) which comprises 40% of the bar exami-nation.

The highest tribunal bewails the fact that one of the culprits in the bar examination is the inability of the ex-aminees to express their arguments fluently in English language. As ob-served by the academicians, in the past decades, there has been a decline in the students’ proficiency of the Eng-lish language. This is where disconnect lies. In trying to address the issue of in-competence of the bar examinees, the Court deems it proper to reform the ex-amination by shifting to the MCQ, hop-ing that the Court can objectively deter-mine who are qualified to be admitted in the legal profession.

A deeper problem, however, is not squarely addressed by our institutions. This refers to the language of the law as used in courts and in legislation.

It is quite odd that a trial lawyer conducts his direct or cross examina-tion of a witness in English. Yet, there is a standby court interpreter doing the translation of the proceedings orally for the stenographer to transcribe. Even legislators are not immune from this social malady. They draft laws in English, interpellate in English, and in-vestigate in English. Only to pass a law which ordinary citizens cannot simply understand.

All the while we thought; the lan-guage of the law must not be foreign to the ears of those who are to obey it.

This is a peculiar imbecility of our system: We insist on using a foreign language despite our difficulty; aris-ing from the fact that a majority of our people are inept to the nuances of the law written in a foreign medium. We can only hope that there is a way to ad-dress this issue of disconnect between our medium of instruction and the pre-vailing social condition in our midst.

Society is a complex amalgama-tion of several actors and institutions involved in it. The state in its legalis-tic acceptation is not the society. In the same manner that not all groups of people comprising the society can be considered as state. But here is the trick. For a society to become orderly and peaceful, we resort to the law. That is why, social contract is born.

Studying the law from the perspec-tive of social science will rectify the ills of disconnect between what the law says and what really takes place in the social context.

by SHaYne anne BaSCo

BAR OPS COmmISSION BOOSTS BAR PREPS

by kremil s. david

LAW AS A SOCIAL SCIENCE




Bar Exams spEciaL || FeatUre


Left: Bar Confidant Ma. Cristina B. Layusa

If there are last-minute tips from Bar lecturers and reviewers, there are also last-minute re-

minders from the Bar Confidant to ensure a smooth, worry-free conduct of the Bar Examinations. Atty. Ma. Cristina B. Layusa, like a doting mother to all 6,000-plus Bar takers, shares the following impor-tant reminders:

1 Come on time. Examinees should be in UST by 7:00am and in their assigned rooms

by 7:30am. You don’t want to feel the time pressure early.

2 Don’t forget your exam permit. The permit is your Notice of Admission. It’s a car-

dinal rule: No permit, no exam.

3 Wear your ID lace with clear pocket. This is not mandatory but

it will facilitate en-try into the exam venue. This “acces-sory,” provided by the OBC, should dis-play your exam per-mit and building as-signment as shown here.

4 Don’t bring in colored drinks such

as coffee and co-las in the exam room. This is to avoid spillage on the answer sheet that might stain the paper and render your answers unreadable. Bringing of water is fine as it is

colorless and acid-free.

5 Read carefully the Bar Exam Rules of Conduct/Guidelines. This 8-page doc-

ument provides instructions and other vital information for the ex-aminees such as the time when the exams will start and finish, do’s and don’ts, designated entry/exit points in UST, etc.

6 Bring as many sharpened pencils as you can. Pencils will be used in shading your

answer of choice. What is required is the No. 2 type. Bring ones that are already sharpened to avoid the hassle. Ballpens will still be used but only in writing the name and signature on the test sheets.

7 Bring a jacket. Just in case the temperature gets too cold

for your own comfort in the exam rooms.

8 Don’t forget your eyeglasses and prescribed medi-

cines. If you need them, make sure to bring them with you all the time.

9 Well-wishers are not al-lowed along

España. Only examinees will be allowed at the drop-off points

along España. Bystanders will not be allowed at the sidewalk area. Streamers are also not allowed within the

vicinity of UST.

10Pray. This is your ulti-mate weapon.

Good luck!

“Bar” OriginThough many of us have made it

now to law school, we still could hardly figure out how the term “bar” came to be and how the bar examinations origi-nated. The author too shall admit that it was only when he began writing about the subject that he understood it fully.

As most of us know, of course, “bar” refers to the legal profession. Which is why when a bar candidate (a barrister) passes the bar examinations he is prac-tically admitted to the profession. In in-stances when a lawyer’s license to prac-tice law is revoked, he or she is said to be “disbarred.”

The term “bar” was originally used in dividing medieval European court-rooms where a barring furniture was placed between their working and pub-lic areas. The working area is restricted to lawyers, judges, and other partici-pants in the trial: the jury (if any), the litigants, and witnesses giving testimo-ny. On the other hand the public area is reserved to those who generally have no interest in the trial as they are ordinarily members of the community.

This is similar to American court-rooms where we see a railing or a barri-er usually made of wood with swinging gate doors. We have seen this in films or more prevalently in US television shows (like in the set of the phenomenal hit se-ries, Law and Order, which by the way has been a source of inspiration why the author continued his lawyerly ambition) during courtroom scenes.

Admission to the BarIt is said that bar examination pro-

cedures were a uniquely American tra-dition transplanted into the Philippines in the early 1900s. Credit it to the large efforts of Justice E. Finley Johnson and

the American Bar Association of the Philippine Islands. These and many other practices remained as they were until recently when a new methodology of doing the test was put in place. From the conventional essay-type, this year’s batch of candidates will now have to con-tend with Multiple Choice Question type or MCQ. Thus it has apparently gone into essentially changing the substantive and methodological aspect of the writ-ten test. You can include to this change the structural evolvement that over the years has proven to have trained and produced excellent legal minds.

For example, the subjects were increased from six – Civil Law, Civil Procedure, Mercantile Law, Criminal Procedure, Private and Public Interna-tional Law, and Practical Exercises – in 1906 to seven – Civil Law, Mercantile Law, Criminal Law, Political Law, Inter-national Law, Remedial Law, and Legal Ethics and Practical Exercises – In 1916; and then to eight – adding Land Registra-tion and Mortgages – In 1922. The cover-age of the bar examinations was again expanded in 1964 by adding Labor Law and Taxation and the combination of ex-isting ones (Political Law and Public In-ternational Law were made one, while Land Registration and Mortgages was merged with Civil Law, as was Private International Law).

The tradition of determining the “bar topnotcher” began in 1913. Then in 1923, it extended to showing the “Top Ten” successful candidates. Three years later the Supreme Court continued with its administrative reforms with the es-tablishment of the Office of the Deputy Clerk of Court and Bar Confidant. In 1940, the bar examinations became a four-day series of tests.

There was a proposal 38 years ago

for the abolition of the bar examinations. Those who supported it wanted to adopt a system of accreditation. This was no new ven-ture because it was first in force during the Spanish regime. Under the proposed system, only graduates of accredited law schools will be granted the license to practice law. Yet shortly after gaining startling public momen-tum, it eventually fizzled out.

Hail to the TopnotchersListed below are the names of 10 select

bar topnotchers according to the highest per-centage average they garnered, including the era, the year, and the school where they graduated:

POST-WAR1954 Florenz d. Regalado1949 Anacleto C. Mangaser1948 Manuel G. Montecillo

WAR TImE1944 Jovito R. Salonga Jose W. diokno

PRE-WAR 1940 Claudio Teehankee

POST-WAR1952 Pedro Samson C. Animas1953 Leonardo A. Amores1947 Ameurfina A. Melencio2001 Rodolfo Ma. A. Ponferrada

PRE-WAR1914 Manuel Goyena1916 Paulino Gullas1932 Hermenigildo Atienza

96.7 SBC95.85 PLS95.5 FEU

95.3 UP95.3 Special

94.35 ATENEO

94.25 UP94.05 UM93.85 UP93.80 UP

93 UP93 UP93 UP

Sources:The Lawyer’s Review: Topnotchers in the Bar Examina-tion by Leon L. Asa, April 30, 2005 The Lawyer’s Review: On the Necessity of the Bar Exams: A Comment on the Opinion of Former Chief Justice Arte-mio Panganiban by Leon L. Asa, July 31, 2007

Philippine Law Journal: Toward Meaningful Reforms in the Bar Examinations by Justice Vicente V. Mendoza, Volume No. 77, 2003

http://en.wikipedia.org/wiki/Bar_%28law%29

by john paul galang

tHe Bar ConFIDant’S LAST mINUTE REmINDERS

BAR ExAm RETROSPECTION

by francis r. salvador


Bar Exams spEciaL || MeSSage FroM tHe StUDent CoUnCIl

23november 2011 || arellano law gazette 22 arellano law gazette || november 2011


“We, the Arellano community, call upon president Aquino to see to it that the full force of government be employed to

prosecute the guilty.”

we aLL know that oft-quoteD maxim from thomas hobbes, which he useD to Describe the state of nature: beLLum omnium contra omnes, the war of aLL against aLL.It is a society where might is right, and only the strongest survive. It is towards avoiding this condition that human beings gather together in a community governed by laws, so that the rights of the weak might not be trampled by the strong, and that people might attain their goals as allies and friends, not as enemies and competitors. It is the law that enables our society to sur-vive, and corollary to this, it is in the fidelity and the protection of the guardians and enforcers of the law that justice and order in that society depend. For what hope can there be for the common man to attain justice, when the judge and the lawyer and the law student and the police are victims of injustice, or themselves are its perpetrators.

In this context, we come to re-member the tragedy of September 26, 2010, when the lives of more than 40 law students were ruined by the dastardly act of a few. It is not a tragedy only for the victims, but also a tragedy for all of us, stu-dents, law schools, and all Filipi-nos, for it showed us that even in institutions dedicated to the pur-suit of justice, lawlessness is not just a possibility, but is all too real.

The crime of September 26, 2010, is a war of a few against all of us.

It has been a year since the bombing. It has been a year since Raissa Laurel lost her feet, and the sufferings of all the injured victims of the tragedy; one year after all of us felt fear when we realized how evil could come into our midst. It has been a year since we raged at those who dared to make a mock-ery of our laws, to make a mockery of all of us who represent that law. And so we ask, what have the au-thorities done? Are those who tried to kill and to maim and to ruin ever going to receive the punishment they deserve? Or must this once again become an instance when power and connections frustrate our demand for what is right? The rule of law is the cornerstone of any democracy, of any society. If the government is really bent on winning back the people’s confi-dence, there is no better way to be-gin than here, in this case involv-ing people who have consecrated themselves to the service of justice.

Therefore, we the Arellano community, call upon President Aquino to see to it that the full force of government be employed to prosecute the guilty, sparing no one, allowing neither connections nor privilege to hide them or to prevent their punishment. We call on all law students and all those who have knowledge to come for-ward and help uncover the truth. Only by our concerted efforts will we exorcise the horrible memory of that day when the wolf came to us unrestrained. And may our longing for truth, for goodness, for that which is noble, impel us to work together for the attainment of justice.

by alma Fides olivar-espinosa

A WAR AGAINST ALL OF US

“The bar exami-naTion is merely a TesT of one’s abiliTy To analyze facTual sTaTemenTs in The Terms of legal principles. iT is noT The TesT of one’s abiliTy To enforce The legal righTs of any member of socieTy in and ouT of courT.”

- Don Vicente J. Francisco, legal luminary and former Senator

““Reading furnishes the mind only with materials of knowl-

edge; it is think-ing that makes

what we read ours.”

– John Locke,

Philosopher

“- Theodore Roosevelt,

former US President

“Believe you can and you’re half-

way there.”

“Believe you can and you’re half-

way there.”

“It takes years to be ‘called’ and a month to be ‘chosen.’” - Cel Tapay, Gazette Editor

“Some men give up their designs

when they have almost reached the goal; While

others, on the contrary, obtain a victory by exerting, at the last moment, more vigorous

efforts than ever before.”

-Herodotus

“An educAtion isn’t how much you hAve com-mitted to mem-oRy, oR even how much you know. it’s being AbLe to diffeRentiAte between whAt you know And whAt you don’t.”

Anatole France,French poetand journalist

“Learning without

thought is labor lost;

thought without

learning is perilous.”

-Confucius

CHIEFS’ YELLthis bar season, we look for words of inspiration not just from our fellow chiefs, but also from various figures who made their mark on the world.

“Discipline is the briDge between goals anD accomplishment.”-Jim rohn, american entrepreneur

{

“It is better that you fail the class now, and learn your lesson, than to fail the bar and start all over again.”

- atty. zarah Villanueva-Castro


FeatUre FeatUre

RECITATIONSURVIVAL

TIpS

Good afternoon to all of you future votaries of the sacred oath: the Law-yer’s oath. I congratulate and at the

same time thank the officers and members of PEERS for organizing this worthy activity and for inviting me as an active participant in this activity. Kudos to all of you, may your tribe prosper. From now on please count me as the unsolicited supporter of PEERS.

The topic assigned to me is about the “Cure for Recitation Anxiety”, I really do not know why the organizer of the program as-signed to me this topic, and I really do not know what qualifies me to discuss this topic or better still to make suggestions on over-coming your fear during the classroom reci-tation.

Unfortunately, I do not have a degree in psychology. I am not also a medical doctor by profession to discuss on the cure, much less prescribe a medication to cure your recitation anxiety. Since your problem is not pathological I will take the liberty of pre-scribing non-pharmacologic medications.

What I would like to discuss with you are just some bullet point suggestions. These suggestions are not exhaustive. They are culled from my experience when I was in the same boat as you are now in… that was about twenty years ago when my hairline was not yet receding. I do not want to be exact about the years because I do not want you to calculate my age.

Here are some of the pointers which I hope would be the panacea for your recita-tion anxiety:

PART I No substitute for preparation1.1. Semper Paratus

Semper paratus simply means “Always Prepared”, that is the motto of the US Coast Guard. Drill this into your mind: Do not come to your class unprepared. Study your

lesson before coming to class, read your as-signment, if you may, read it twice. While sipping your favourite frapuccino read your codal provisions, scan it every now and then counsel. Do not count your luck that you would not be called to recite on a given day. Even the Bible says that we really do not know when the thief at night would come. Of course I am not saying that your law profes-sors are the proverbial thieves at night.

Law school is hard work, for both the working and full time suitors of the law as we euphemistically called the students of law. Full time students have the luxury of time, what about if you are a law student who belongs to the proletarian class? Mean-ing you are a working student.

That is really difficult. The answer there is to manage your time. During lunch break instead of having a siesta try to read your book. If you may, avoid extended lunch. Minimize your date ladies and gentlemen, repeat manage your time counsel. During the long weekend take advantage of the time, read even during semestral break and sum-mer vacation. Push yourself counsel, I did that when I was still working on my dream. If I could do it you can do it.

Do not rely on your luck. What if the universe does not conspire with your luck? as Paulo Coelho would like us to believe in his work “The Alchemist.”

If I may be allowed to paraphrase Judge Soonovala (Francisco, Trial Technique, Copy-right 1989, p. 37, citing Soonavala, Advocacy its Principle), I would say that there is no such thing as lucky student in the law school. Law school is hard work, hard work and if I may add plenty of prayers and making plenty of requests to our common Benefac-tor, The bread of Life. All the roads to success are hard, long and tiring.

Accept this reality counsel. By the way, the best way to prepare is read your book page by page and line by line and if I may suggest including the footnotes.

1.2 maintain your cool counselThe eyes are the windows to the soul.

Without you knowing it, your classroom

teacher whom we give the fancy title as pro-fessor of law, could size you up by just look-ing into your eyes. In the same token that a witness on a witness stand is being sized up by the trial judge by looking into his eyes, observing his demeanor and the tone of his voice, these nuances determine whether a witness is perjured or not. In the same token, your classroom teachers, during the class recitation, are actually observing the non-verbal language you are sending to them. These nonverbal signs you are sending are being read by the radar of your professor, it tell also the degree of your readiness or un-readiness in class. So keep your composure counsel.

How do we keep our cool? We go back again to rule number one: “Semper Para-tus”, do not try your luck by heeding to the counsel of Sun Tzu by pretending that you are prepared though you are not. This has no application in the law school. (Note: The Art of War by Sun Tzu says: “that warfare is based on deception, when you are weak pretend that you are strong).”

Study hard, this is the tag price you have to pay for your dream to have a prefix: “ATTY.”, there is no such thing as free lunch, and you have to pay for the tag price, is that clear counsel?

We your teachers in the law school have had paid the tag price.

1.3 Read in AdvanceAdvance reading can be likened to a sav-

ings deposit that would carry you thru the rainy season. There are really times where you cannot squeeze your schedule, ergo you were not able to read your lesson for a par-ticular day. At this point we can see the wis-dom of having an advance reading by draw-ing from our intellectual deposit we call stock knowledge. It goes without saying that advance reading means reading way ahead of your classroom topic, reading extra pages so to speak.

At this point let me quote Justice Oliver Wendell Holmes, because a quote of him drives home the point of advance reading, he said: “A man of action has the present but the thinker controls the future.” It sim-ply means read in advance counsel, is that

clear?

1.4 Be HumbleBy the way, law is written and is being

taught in a foreign language, that is in Eng-lish, peppered with Latin phrases, maxims and sometimes sprinkled with Latin words. Where is humility there?

Part of being prepared is to be humble enough to consult your dictionary, English to English, English to Tagalog and vice versa. I did that counsel when I was still paying the tag price of my ambition to be addressed as Atty. Gozon.

Do not labor under the mistaken belief that the fact that you are already a degree holder before you went to law school qualify you to be a lexicographer.

Before I forget, get a pocket size legal dictionary.

1.5 RelaxBeing relaxed is not synonymous with

being complacent. Part of being prepared is to have a relaxed mind, when we say re-laxed mind we mean confident mind. The more you are tense inside the classroom, the more you would tend to forget what you have read.

Consider your classroom as the battle-field, an intellectual battlefield. If you are relaxed you have the so called “presence of mind”.

If your classroom teacher is “terror” a la Professor Kingsfield in the famed TV Series “Paper Chase”, the suggestion here would be to learn to detach yourself from the chaos of the battlefield.

Strategy No. 3 of the “33 Strategies of War” by Greene and Elfers had this to say: “Amidst the turmoil of events, do not lose your presence of mind: The Counter Balance Strategy. In the heat of battle, the mind tends to lose its balance. It is vital to keep your presence of mind, maintaining your mental powers, whatever the circumstances. Make the mind tougher by exposing to adversity. Learn to detach yourself from the chaos of the battlefield.” (Greene and Elfers, The 33 Strategies of War, p. vii, copyright 2006).

1.6 Improve your communication skills

Here you may have studied you lesson but the problem is that you could not express yourself. So practice talking. Do it in the pri-vacy of your bedroom preferably in front of the mirror for you to see your facial expres-sions and gestures while you are speaking. Part of improving you communication skills is by joining debating clubs or Toast Masters Club. Arguing with your wife or girlfriend would not enhance your debating prowess.

Remember this timeless advice; “He

who knows but cannot express what he knows is as if ignorant.”

Daniel Webster had once said that “The power of clear expression is the great power of the bar, thus: “There is a sentence of Daniel Webster which should b e written on the walls of every law school, courtroom and law office: “The power of clear expression is the great power of the bar.”(Jonh Davis, quoted in the Great Power at the Bar and bench, Juan F. Rivera, editor, copyright 1972, at p. vii).

Now that you have improved your communication skills, next time around speak with confidence counsel. In law the tool of the craft is language, written and oral.

PART II mind Over matter, Positive mindset2.1 Recitation is normal stuff

Keep this in mind counsel that class recitation is just a part and parcel of your training in the law school. Nothing is per-sonal in the recitation. This is part of the game so to speak, so do not be onion skinned during the recitation. Sometimes you could not answer the question propounded, that is just natural. Nobody has the monopoly of knowledge, “errare humanum est” (To err is human). Just move forward counsel and pre-pare for another day, after all “God hath not promised that sky will always be blue.” Your poor performance for the day should not dampen your spirit, just be fixated on your goal to have a four letter with period prefix: “ATTY.”, is that clear counsel?

Consider your minor failure as a tempo-rary inconvenience, a minor discomfort. Ace it the next time around, tomorrow is anoth-er day. So the next time around do not give your classroom teacher the intellectual sat-isfaction of seeing you again agonizing, tell him or her silently that your agony is now a thing of the past, a history if you may call it.

In the future, when you try cases in court you will do a lot of talking, as if you are reciting before the judge.

2.2 Your Law Professors are just ordi-nary mortals, mere facilitators in the classroom

Your classroom teachers are just ordi-nary mortals. We are called “Professors of law”, but at the end of the day we are just ordinary mortals, regardless of the fancy ti-tles, e.g., Full Professor, Assistant Professor, Professorial Lecturer, at the end of the day we are just salaried employees if we are to apply the control test in labor law. Have you heard of the control test counsel? I hope you

know it otherwise you are in deep trouble by this time.

The long and short of it is this: “Nobody has the monopoly of knowl-edge”, and this applies to you and to us ordinary mortals. The fact that they, me included, are admitted to the bar it does not follow that they are all know-ing, that includes me of course.

Have this mindset that your teachers are inside the classrooms as teachers because they just stud-ied law way ahead of you, and that in the future you will be sipping coffee with them inside the fac-ulty room.

Do you know Prof. Domin-go Legaspi? He was my profes-sor in the law school about 20 years ago now we are both faculty members of Arellano University Law School. He was my professor because it so happened that Prof. Legaspi studied law way ahead of me. (NB. Prof. Legaspi, I was so intimidated when you were teaching me the intricacies of the law on partnership that is why I had to develop this mindset when I was your student at the Faculty of Civil Law of UST, circa 1982. I take off my hat to his teaching style and his concern to his students).

Another scenario, do you know Prof. Jeremy Gatdula? He is also a professor of law here in Arellano University Law School. Prof. Gatdula was my student about 15 years ago. He was my student because it so hap-pened that I just studied law way ahead of him.

Nothing stupendous. He is now a co-

by atty. alejandro m. gozon

PUSH YOURSELF, COUNSEL*tHere IS a PrICe tag For tHe PreFIX

* From the lecture entitled “Cure for recitation anxiety” delivered by atty. alejandro M. gozon on sept. 10 at the moot court room

atty.

$


FeatUre ColUMn

Henry Drummond is my teenage hero. He is the protagonist in the Hollywood masterpiece, In-

herit the Wind. The film is about a public school

teacher who faced criminal charges for teaching Charles Darwin’s theory of evolution. Played by Spencer Tra-cy, the main character Drummond is the lawyer for the defense of Bertram Cates, the teacher being condemned for advocating the man-from-the-apes theory. Drummond’s rival is the pi-ous Matthew Harrison Bradey, private prosecutor and Drummond’s long-time friend. The film showcases many courtroom scenes and fiery legal argu-ments on the issues of religion, mo-rality, and the “pagan hypothesis of a godless science.”

I first saw the television adapta-tion of this movie when I was in high school. My interest in the legal profes-sion grew, as I watched the two law-yers argue on the case. Bradey espous-es conformity and adherence to the law; while Drummond argues for the individual’s right to think, which ac-cording to him is “very much on trial here.“

The film gave me an idea how the judge, the jury, and the lawyers play their roles in the court. One of the cinematic highlights of the story was when Drummond called the prosecut-ing attorney to the witness stand. It was highly unorthodox, said the judge. Nevertheless, the showdown began as the two seasoned lawyers took their cudgels in a mix-up of direct and cross

examinations.I admired the character of Drum-

mond. I wished to emulate his ways of reasoning to defend the cause of his client and the openness of his ideas. Since then, I have always wanted to become like him.

Then came YouTube. The original version of the film

was uploaded on instalment. I watched the movie the second time around. Yet, Drummond’s character never failed to inspire me; and the encore made me appreciate the film as well as the legal profession more than ever.

************************My mind is consumed by wander-

lust. It takes my thoughts wherever it wants to. There are even instances when I get into trouble because of this practice of mind wandering and wondering. It is a habit I have never learned to outgrow.

When I was an elementary school-boy, I would take a walk every morn-ing to my class. As I pass along the road, I would stop at anything that catches my attention such as the caged owl in a big house; the group of men alongside the road chatting and sip-ping their cup of coffee; and many oth-er barrio attractions that became part of my happy childhood.

One day as I walked my way to school, a “beautiful thing” caught my attention. No matter how I tried, I could not understand what hooked me onto it. I continued walking, with my eyes glued on that “thing.” Then sud-

denly my frail body was snatched by a man on the street. He actually saved me from a speeding vehicle. With an angry look, he told me, “You better look where you’re going to, kid!”

My recollection of that incident might have been distorted. But I can never forget the face of the man who saved me from impending death. Lat-er, it made me realize that this world is filled with angels, ready to rescue us from whatever trouble that comes our way.

And that sometimes, even if the angels show an angry face, there would always be a worried look in the corner of their eyes.

************************It was election season of 2007. My

family and I were inside the Bren Z. Guiao Convention Center to witness the proclamation of the winning can-didates. If I remember it right, it was one of the rare instances when all the members of our family got involved in a political activity.

The sizzling summer was all the more intensified by the heated con-test for the gubernatorial seat in our province. We were supporting the candidacy of our parish priest against seasoned politicians. The proclama-tion was delayed because of some tac-tics employed by the powers that be. There were protest issues and allega-tions of vote buying and selling. After the tabulation and canvassing, the tension built up as supporters from the rival camps started chanting and shouting.

Finally, our candidate – Among Ed – was proclaimed the winner. My fam-ily and I actively supported Among

Ed during the campaign. I saw the spirit of volunteerism in his crusade. Everyone in his slate was selfless and cooperative. I could proudly say that his gubernatorial bid was one of the most sincere election campaigns I wit-nessed.

The election of 2007 in Pampanga was one-of-a-kind in history. At last, somebody took the challenge to defy traditional politics and introduce so-cial reform. I was full of aspirations. It made me believe at that time that the electorate finally learned how to choose a leader wisely; that it was the dawn of the transformation of our people as a nation of pride and dig-nity. The idealism triumphed, even for a while.

But winning an election is just one thing. Transforming the system is a different matter. Perhaps, idealism is not enough to establish orderly and corrupt-free governance. During the term of Among Ed, the expectations of the people – whatever that be – had to be met. But it was very difficult to infuse a better way of doing things, es-pecially when the constituencies have yet to learn the value of their mandate as voters. It is even more difficult to introduce genuine change when there are still corrupt leaders in our midst.

Among Ed did not make it for another term. But certainly, his chal-lenge is a lesson worth learning.

************************She sent me a text message one

evening. She wanted to tell me some-thing. I hinted there was something I should worry about. Not wanting to prolong the suspense, I replied, “What is it?” She answered that I should be prepared about the revelation. I prod-ded her, “Come on, tell me.”

Then she told me the bad news. She said that she now has a boyfriend. All I could say was, “It is fine. Don’t worry about me.”

What I told her was a lie. It is never fine to be jilted. This girl who is

by KreMIl S. DaVID

THE mANY TImES I HAD AN ERECTION

professor, and in fact his academic cre-dentials are more impressive than mine. Professor Gatdula after obtaining his law degree here in Arellano went to Cambridge and obtained his Master of Laws from Cambridge, while in my case I, his former teacher, am still dreaming and still work-ing to earn my Master of Laws from a local university. While I am still perspiring my erstwhile student had already his graduate degree from abroad.

As I have said your law professors are mere facilitators in the classrooms, some sort of a tourist guide in your academic tour. Incidentally, I am also a tourist guide in the tourist bus we call “Arellano Univer-sity School of Law”. Having that mindset that your professors as facilitators, then you can have a relax mind and the class-room atmosphere will be more conducive to learning.

EpilogueBefore I end, let me talk on a personal

note. When I was in the law school I had the same experience like you. I was living in constant uneasiness…the fear that one day the sword of Damocles would fall on my head. So to counterbalance that fear I devised a mindset that I would not give my classroom faciltators the intellectual satis-faction of seeing me agonizing inside the classroom because I was not prepared…and it paid.

The panacea for all the feeling of un-easiness or as you call it today the feeling of anxiety is to be prepared and develop a positive mindset and a positive outlook in life. My piece of advice not as teacher but as your big brother: Study and pursue the law like an unrelenting suitor… study hard as if there is no more tomorrow, for all the hardships that you are now experiencing I say that our jealous mistress is really worth pursuing.

Be prepared always. Once you are perceived prepared by you classroom fa-cilitator, your facilitator will not give you a hard time, your facilitator is just giving you a hard time because he perceives you as the victim or a weakling in the intellectual combat.

Respect is earned. Study hard and you would earn the respect of your classroom teachers whom we euphemistically called Professors of Law. Is that clear counsel?

Goodluck to all of you my dear stu-dents, pray hard and study hard as if there is no more tomorrow, and this time l tell to you: Your admission to the Philippine Bar is not an “Impossible Dream”, just be willing to pay the price tag of your ambition coun-sel, is that clear?

“Ad Majorem Dei Gloriam.”Thank you.

driving me mad has found the man of her dreams. And pity me; it was not I that she found.

Being rejected is the loneliest feeling in the world. I tried to console myself – this too shall pass. And true enough, the loneliness passed. But it took so long before it completely left me.

She never sent me a text message again. But we’re still friends… in Face-book.

************************In all these experiences I have

shared in this précis, there is one sensation that I always felt. It all hap-pened at the height of the moment. I am pretty sure it has also happened to you.

The strange sensation takes place when I am caught in an intense emo-tional situation. This is what I felt when Henry Drummond triumphant-ly failed the cause of his client as the jury convicted Bertram Cates.

The same sensation occurred to me when I realized that I could have died from a speeding car, had it not been for the courage of the man who pulled me.

The eerie feeling was also felt by me at the Convention Center when I joined the rest of Among Ed’s support-ers singing his victory hymn.

And the cold sweat that dampened my body was present as I read the text message of a foreboding anxiety from the girl who was driving me mad.

The strange reaction of my en-tire body takes place when these pure emotions are in extremes – enthusi-asm, fear, joy, loneliness.

Wikipedia has an explanation for it. In all these cases when my emotion is triggered, the sympathetic nervous system causes a reflex called piloerec-tion, making the muscles attached to the base of each hair follicle contract and force the hair up.

I am having goose bumps.

COLUmNexceptional solitude

Last WordNew Arellano Law Gazette LogoArellano Law Gazette welcomes the new decade with a clearer vision, a stronger conviction, and a fresher face - a new logo, that is. Designed by Abdul Rafi Onos with scales, a wreath, and a quill made from a feather, which he imagi-nes was taken from a chief’s headdress, the logo is meant to fuse exceptional writing and a piercing understanding of the law in the way only Arellano Law Gazette can.


Photo by jppgalang

Documents

1 november 2011 || arellano law gazette