Before you actually look for tips or ways on how to survive in Atty. Amurao's class, I have to tell you, I cannot give you any. But hold on, hold on. I got 92 as final grade in criminal law 1 under him. I hope that is enough reason to continue reading.
Like everyone else who, for the first time heard the name of the legend, and who, according to sources is the terror-est professor in San Beda, I was really nervous during our very first day. I did not know his face or what he looks like. A blocmate told me he is tall so as we were waiting for our professor in crim, (the classroom door has some kind of a glass where you can see people at the other side. The glass is situated in such a way that people's faces, atleast those with an average height, can be seen) he was joking that if we would not see the professor's head or face behind the glass in the door, for sure, we are doomed because that is Atty. Amurao. And true enough, we haven't seen the prof's face, and true, it is Atty. Amurao.
He told us that there was really no formula for a student to pass in his class but, study, study, study and study. At first, I was still very hopeful because I have had also terror professors way back in UP and I have survived in all of them. But Atty A was really different.
We were actually lucky because for the first time in our class, he allowed us to open his book. His book was first released in time for the first semester. Prior to our batch, he only allows hand written notes during class. On top of that, i believed he liked our section.
I can still remember the tension during our first recitation class under him. But it was not entirely difficult to look back because for the rest of the semester, the tension and the uneasiness that i have felt during the first day was in the same intensity up to the last. My first recitation grade was 85. The first question he posed for me was about the justification regarding the imposition of punishments. Tuesdays and Fridays were really the most dreaded days for me. I cannot even say thank God it is Friday during Fridays because it is an Amurao day. I remember also praying that if typhoons or floods may disrupt classes, it must do so during either Tuesday or Friday. But typhoons never hit the Metro during those days. That is how strong Atty. A is.
I used to tell my classmates that if ever I will have my own child and he is diagnosed of having a heart ailment, I would not let him take law.
Until now that I am having my semestral break in the province, I can still see Atty A in my dreams.. no, that is an exaggeration.
For all the heartbreaks, frustrations and momentary self assessments during the whole semester, i am very proud to say, i survived Atty A.
I have my own formula in studying: hard work, intelligence and luck. Luck is something that you cannot really control. Intelligence is a tool so that you may know in which subjects you need to exert extra effort and in which you think your forte. You have to maintain the balance between these three. If you think the subject matter is your water-loo, you have to exert much more effort and probably look for bling blings to bring good luck, haha. If you think it is your forte, you still have to work hard but the extra you, give to the other subjects which you think are your water loo. That was how i handled criminal law and the other subjects. On top of that, of course you need to ask for Divine Guidance.
I survived Atty Amurao, you can too.
Linggo, Oktubre 27, 2013
Biyernes, Oktubre 25, 2013
NO TO CHEATING
First I would
like to say hi to one of my masugid na tagasubaybay (yesss), DK. He told me he
wanted to be mentioned in my blog. You got the first line my friend. Haha
Today officially
starts our one week sembreak. Everybody loves sembreaks but one week? That sucks.
But before going into that, I would like to reiterate my position on a very
important issue—cheating. You see my dear readers (as if there are really that
many huh) I personally consider cheating as malum prohibitum, that is, the mere
act of doing it already considered unlawful. Good faith is not a defense. Intent
is not a defense.
Cheating starts
in very little things until you actually apply it to bigger things and you
never notice but it is already your way of life. Look at these greedy
politicians seating comfortably in the Congress, when do you think they start
cheating? Of course they started that in little things. Maybe even in simple
murmuring with their seatmates during classroom exams in 2nd year high school.
As a rational
being, we can always rationalize things to our advantage. We can always justify
why we did or did not do something. But in the case of cheating, this must be
absolute. No matter how small that may be, it is still considered cheating. If I
become a lawmaker, my landmark legislation will be a law on cheating in
schools, that’s how passionate am I about this.
Anyway, here’s
the back story. Last October 22, we had our final exams in Persons and Family
Relations under Judge S. I was one of those exempted to take because my
midterms standing is already quiet high (well, at least to the Judge’s
standards) but I opted to take though it will no longer affect my grade. I just
want to look at the exam questions as it might help in the future. A few minutes
after we started, Judge told us that he will go out for a while and get a
drink. As soon as the door closes, my not so honorable blocmates at the back
started whispering with each other to the point of actually distracting the
other takers. I looked back and momentarily hold my gaze hoping that if they
see me looking at them, they have the shame to actually stop. But they never
did. What’s worse is that C, a son of a former lawmaker, put out his iphone in
the middle of the exam, Y beside him is also looking at the iphone. This triggered
me to do something no one ever thought of doing—telling all these to the Judge.
I waited for him
outside and the first line that went out of my mouth was “Sir I do not actually
want to tell you this but I really cannot contain it. This is not an honorable
thing to do.”
Really not an
honorable thing to do. But for those involved, I’m still mabait as I did not
name names.
When I was still
in UP, cheating is never a problem. There are exams when Tita Lorns from the
department will just give us the exam questions, walk out from the classroom and
go back to get our papers as the time’s already up. In UP, when the professor or
proctor started distributing the exam questions, not a single noise will be
heard. I have never caught someone looking at another’s paper or whispering
with the other, either they’re too smart to get caught or no one really cheats.
I remember my professor in PolSci 1 during my freshman year saying, “in UP,
cheating is not a problem”. According to her, it is just about pride. If you
are a valedictorian or an honor student way back in high school, will you look
at the other’s paper? Or will you give your answers to your seatmate? I think
this set up applies for the freshmen. But for the higher years, a different
reason is applicable, when they already grasp the University motto, Honor and
Excellence, they will apply that. Honor first before excellence that’s why they
(we) don’t cheat.
One might ask
why I’m very passionate about this. Simple. Training. If you have been trained
that cheating is inherently immoral, you would not. If your University would
not let cheaters go away unpunished, you would not cheat. If you came from UP,
you will not cheat. Well, this is a generalization but there are of course
isolated cases.
I really wish
San Beda has a strict policy about cheating. Let us not tolerate it. We all
know it is wrong. Speak up. We all say, NO TO CHEATING.
Miyerkules, Setyembre 4, 2013
Not Really Random
Let’s go first to the most
substantial, the issue on pork barrel. As a law student, it is clear in the
principle of separation of powers that the legislative department makes, enacts
and repeals laws. Nothing in the Constitution, (as far as my very limited
knowledge on the Consti is concerned) says that they have the power to get pork
barrels and use it in their respective districts. That is the strongest
argument in favor of the abolishment of PDAF. Secondly, even if these Congressmen
and Senators are justified in having these sums of millions of money, they must
have used these in noble purposes, it must have served the people because in
the first place, this money comes from the people’s taxes. The idea was that,
people pay their respective contributions in the form of tax and they get it
back in the form of public service and public works. But because of our beloved
Congressmen, we get back nothing from the taxes that we pay. I wonder where our
beloved Albanos in the first district of Isabela bring the people’s money for
the longest time that they held the position.
I am for the abolishment of PDAF. I am for running after those who
lambasted the people’s money. I am for rechanneling funds for social services.
----------------------------------------
Last week we had our midterms
week in San Beda. Modesty aside, the exams were not that tough as I expected
them to be. Atty. Amurao gave back the corrected exam and I got 96%in criminal
law, I am the highest in class. Who would not be happy about that?
I talked with a blocmate, Aaron,
he also came from UP up there in Baguio. We were talking about UP LAE and San
Beda, yes more like comparing San Beda and the mighty UP. He was interviewed
for the LAE but unluckily he did not make it. He asked me if I will again take
LAE and I said why not, I told him to take the exam again too may be this time
he will get admitted. That’s when he told me about the murmurs during our
Constitutional Law exam. In Beda, the prof himself would not be there during
the exam. Someone will proctor.
During the Consti exam, our
proctor came late, he was already distributing the exam booklets and
questionnaires but everyone were still talking with each other. We were already
beginning to answer when our proctor left us and went to the other classes. At first
I heard murmurs, I was seated in front so I looked around to see who were still
talking but I didn’t actually mind them and instead focused on the exam. Aaron told
me that he actually saw F and J talking with each other during the exam, of
course what else will they be talking about if not the exam itself?
I was disappointed, really. In UP
I am very proud to say I did not cheat. There are moments when I can easily do
that but I did not. It was better to submit a blank blue book than to look at
my seatmate’s paper. That was how UP trained me. Honor and Excellence. I don’t know
how their institution taught them. What the hell this is Law School, this is
graduate degree, if they were not trained to be noble, shame on them and the
institution they came from. Dear readers, do not be like them, do not talk with
your seatmate during exam. Do not cheat and most especially, study in UP, not
in some other institution which prides itself of being a catholic school but
its graduates do not follow the right path.
----------------------------
I was in UPLB last weekend for
the pre pageant of CEMPLANGAN, an inter organization competition. I have heard
several not so good news about my beloved EconSoc. Well, I am no longer a
resident member at least so I cannot just judge because I was not really there
and witness firsthand what were really happening. It is their time now to
surpass or at least maintain the good name the org has earned for the last 26
years. Uphold excellence dear orgmates, love the org and everything else will
follow.
Linggo, Hulyo 28, 2013
Peace of mind, heart and soul
All freshmen in the College of
Law are required to attend a peace retreat during their first year. This is a
requirement imposed by San Beda for graduation. The schedule of our section was
last Friday to Sunday. I was really looking forward to it, aside from the fact
that it’s my first time since this is my first time to attend a catholic
school, it was also a much needed rest for us, law students. But what I got was
beyond rest and break from law school.
They gave us a list of prohibited
items even before going to the retreat house. They were really strict about
those. We had no cell phones and other gadgets and even wrist watches. We do
not know anything about the outside world. Some were complaining about that but
I told them, we were just used to having those material possessions that’s why
we think that we cannot live without them but in reality, we can actually live,
and it’s just for three days, no worries.
Our first activity was confession.
Father even lectured me. He said that change may be the hardest thing to accept
in life and the hardest thing to live by but we do not have a choice but to
accept it, otherwise we will get stucked. And it’s true. Yes, you can always
look back at those that happened in the past, but you can’t live with those, be
it good or bad, you have to keep moving forward, a better way to deal with
those is that use the experiences to be a much better person today.
Applying that now, I really have
to accept why I am where I am now. Seriously, I have to set aside the what ifs
and why nots. As the speakers said, me being in San Beda is never an accident, in
a more straight manner, me NOT being in UP Law is not an accident, there are
reasons behind it and if I just focus on those reasons, I may be happy and
content for where I am and what I have. It’s just proper setting of the mind.
The peace retreat really provided
not only peace of the mind, but also that of heart and soul. I have to admit
it, because of the pressures of law school, I now cannot reflect much or talk
sincerely with Him without looking at the watch and limiting the time devoted
for praying because I rather would use it to study. That was not the case in
the three day retreat. We didn’t have to think of criminal law or amurao or the
provisions or the case digests, instead we have devoted all our energy to
actually listen to Him, not only with our ears but most importantly with our
hearts.
Inspirational speakers also said
that law school is not just a test of intelligence, we all have our
undergraduate degrees so by one way or the other, we have already proven something, rather, law school is more of a test of character. A couple of years back, the bar topnotcher who came from San Sebastian, a graduate of UP, was a former student of San Beda, she was not retained. If only she gave up, would she be the bar top notcher? Would she be a lawyer by now? We all have those share of disappointments, frustrations and failures but that does not mean we should stop. That should not hinder us from pursuing our dreams. The road may be winding and full of detours but that is how we get tough. That is how we become good future lawyers.
Miyerkules, Hulyo 24, 2013
Rants, frustrations, confusions and other what nots
It has been a while since the
last time I posted something in this blog. I was busy in school.
Two weeks ago, I received a
message saying,
“Hi. You’re scheduled for an
interview tomorrow, 2pm at the NEDA infrastructure staff conference room, 3rd
floor NEDA-sa-Pasig bldg., #12 josemaria escriva drive, ortigas center, pasig
city. Kindly reply for confirmation and bring copies of your TOR, diploma and
certificate of eligibility tomorrow. Thank you.”
Well obviously it came from NEDA
(National Economic Development Authority) for people who do not know what NEDA
means, yes there are people who don’t. Anyway, I was scheduled for an interview
after submitting a resume via email. I just tried honestly because I wanted to
experience having interviewed by agencies/entities for employment purposes. I was
very happy when I received that message of course. I went to the scheduled
interview without preparing, not even reading NEDA’s mandates, I was shocked as
I entered the room, eight people were there to interview me. I seated infront,
at the center. It was a good experience until I got another message saying I’m
scheduled for an interview with the Infrastructure Staff Director. The Director
interviewed me. That’s when things got a little bit out of order. I got
confused because, well, really, that’s NEDA, a government entity in charge of
the country’s economy. If ever they employ me, how could one say no to such a
wonderful opportunity but how can one say no to a childhood dream?
I can’t sacrifice my law dream. I
am a planner, since grade 2 I know I wanted to become a lawyer, I did
everything and I will do everything else to get that. I’m already in the first
step of formal law education, will I have to defer it? On the other side, NEDA
is the only entity that can move me out of law school really, if ever I decided
to focus on econ, that is the first agency I will apply to. We’re econ majors,
we have to be in NEDA. But is it great enough to make me defer law? I already
decided in favor of law but now as how things are going in school, am I really
for law?
When I took the NEDA exam, which
by the way I passed, and have to absent myself in criminal law because I was
not ready that day, the exam lasted whole day, that’s when I got three failing
recit grades for two consecutive meetings. My record before that was relatively
good. The day when I got my first two failed recit grades, my classmate Jobel,
introduced me to her Boyfriend “uy si April pala, April Boyfriend ko. *Hi!*
Alam mo ba, magaling to, laging nakakasagot kay Amurao”. And during the second
meeting when I got the third failed recit grade, Francis, another classmate
introduced me to his friend “Si April, magaling to sa class, Amurao killer to
eh”. I was thinking, nabati yata ako eh. Of course that’s lame but I just
wanted to cheer myself up. But really what happened? I already got the rhythm
and all of a sudden, I got failed grades when my classmates are already
catching up. I don’t know, I don’t know what the problem is, that’s the
problem.
One time when I was studying in
the library, I stopped, looked around, thinking, who among these people will be
lawyers in the future? Passing rate in the bar last year was only 17%. What happened
to the 83%? I’m pretty sure they also studied day and night but still they
weren’t able to pass. I realized, for the next 4 yrs or so, my life will only
revolve in the library, eight hours study time a day. When I examined how I have
been spending my 24 hrs, it goes like this, 9 hrs study, 7 hrs sleep, 5 hrs
class, 1 hr lunch, 1.5 hrs breakfast/bath, 1.5 hrs dinner/bath. Am I really
ready for that kind of life?
I introduced the distraction. I must
be the one to get my focus back. Law is what I wanted. Law is what I must get.
Lunes, Hulyo 8, 2013
The unfairness of Law School
Today, our professor walked out
from us.
Isn’t it ironic? We are studying
Law, under the Constitution, every person shall not be convicted without due
process of law.
This afternoon, we are scheduled
to have our Statutory Construction class at 4:30-6:30pm. Atty. Pahate arrived a
little before 5pm. She called Joey to recite. The question was something about
the parts of a statute. Last meeting, she asked us to read a statute and be
able to look for the necessary parts of it. Only a few had their copies, not
even me. Joey could not answer well because she didn’t read. She was asked to
sit down, Atty. called Peter to recite, knowing the guy, he would not get the
correct answer, I’m a bit judgmental but yes, he could not, I don’t know if he
does not study or what. As expected, he could not answer the question. That was
the time when Atty. asked if we are indeed studying. She said it’s as if we don’t
study. She even ordered our beadle to decide if we just want her to give us the
midterm and final exams and not to meet us anymore. Of course our beadle said
no, Atty. told us to just text her next meeting if we are ready to answer her
questions, collected her things and walked out.
I’m really really furious, after
studying day and night, a professor will walk out just because your classmate
did not study? That is absurd! They say, in Law School, kasalanan ng isa,
kasalanan ng lahat. That is bullshit. I was trained in UP to beat myself. Don’t
mind others, if you study, well and good. If they don’t study, they will flunk,
that has nothing to do with your grade. But here in law school, if someone didn’t
study, that means everyone will suffer.
Atty. Pahate generalized without
taking the time to ask a significant number of students first. She just asked
two people, if she called me I’m sure as hell know what to answer because I studied,
yes this may be a bit boastful on my part but I DID DAMN STUDY AND IF SHE ONLY
CALLED ME TO RECITE, I CAN ANSWER. I CAN ANSWER. My god I’m really furious
about this. My classmate went to the Dean’s office hoping to talk to Atty. and explain
whatever. Kuya Jerome told her that Atty Pahate told him “Sabihin mo sa kanila
may grade na silang lahat”. Do you know what that means? We all do already have
a failing grade. At this point in time that should never happen. We were just
starting. We were just damn starting.
Is this about the system? San
Beda College of Law itself? Maybe. Why will someone pay for the wrong doings of
others? If someone did not study, give him a failing grade. If someone can’t
answer, ask another one. Do not generalize just because one or two students did
not study doesn’t mean the whole class deserves to be failed.
Is this about the other
classmates? Maybe. It is their sole duty as students of Law to study. If they
cannot study, then drop the whole course. Why waste tremendous amount of money
for something that you cannot do? Palibhasa anak ng mga mayayaman eh.
Am I at fault too? That can also
be. I can just volunteer and answer the question, but that is not the practice,
if I do that someone or even the prof might say I’m just boasting around or
something. Or if we look at the other side of the picture, if I cannot accept
the system, I could just drop the whole course, take LAE again, give whole
effort and make sure to pass because as a product of the best University in the
Philippines, I know UP Law School is not like where I am studying law now. I may
also drop the course, submit resume to companies and start working. Forget about
the law dream. Or I can take a masters degree in economics or business ad or
something.
But I could not do that, I will not. I love
studying law. I do not have failing recit grade yet in Criminal Law, I was
already called to recite in Persons and I know I answered well. I even
volunteered in Consti 1 one time. I’m literally studying day and night just to
have a failing grade in Statutory Construction because of some other people? I don’t
know. Can someone explain this to me? I know life is never fair but this is too
much. Wala kaming kalaban laban may singko na agad? Am I just over reacting? I don’t
know. But this is really unfair ladies and gentlemen.
Sabado, Hulyo 6, 2013
Nostalgia at its finest
Last night I
went to Los Banos to witness the final initiation of our applicants in EconSoc.
It was really nostalgic. I went there with Audrey and Kai. Kai was so arte we
exerted every convincing powers we have just to tag her along with us, which
she could not resist.
Hindi ko alam
kung bakit ako nalulungkot ngayon. Supposedly masaya dahil nga nasa finals ako
kagabi. Bago ako nag college sinabi ko sa sarili ko na siguro pagkatapos ng
college, okay lang yung paghihiwalay mula sa lugar/tao kung saan ka naging
kumportable. Nalungkot din kasi ako noong high school lalo na nung
naghiwa-hiwalay na pati na rin yung bagong environment na ginalawan namin. Wala
na din sa tabi ng mga magulang and the likes. Pero pagkatapos ng college, hindi
pa rin pala madali. Nakakalungkot pa rin pala.
Last night I
felt the warmest welcome I could ever receive from people. Very warm, very
sincere hugs and handshakes and I realized, I was home. It has been three weeks
since Law School started. During the first week, I had a good distraction, NBA.
At the end of the second week, I rewarded myself with a movie, 4 sisters and a
wedding. That helped me to carry on my second week because I was looking forward
to that reward. Last week, I clung to the idea that I will be going to lb for
the finals by Friday. I loved the idea of looking forward to something really
great. It helped me survive. This week, I am clinging to the idea of me going
to lb by Thursday to get my transcript of records. For the weeks after that, I
don’t know what to do.
Ang buhay naman
ay isang paglalakbay. Kung hindi ka makikisabay, maiiwanan ka. Pero bakit ang
hirap hirap tumuloy palayo kung gustung gusto mong balikan yung dati, yung
kumportableng buhay, yung masaya, yung hindi katulad ng buhay na ginagalawan mo
ngayon. Kada pagbabago ng estado ng buhay, mahirap sa umpisa, ganun naman
talaga pero hindi ko naman inasahan na ganito pala yun kahirap.
This is like
learning your first walk all over again or learning how to read, how to write
for the first time or trying to sleep the first night you were away from your
parents. I don’t know but it’s hard. I guess I became too attached to UP Los
Banos.
Kahit naman
gaano kahirap, kailangan tanggapin na ganun talaga, tapos na ang college, hindi
na pwedeng bumalik doon. Kailangan na maglakad sa ibang direksyon, kundi, hindi
ka makakasabay, maiiwanan ka. Hindi nakadepende sa isang bagay na masaya o
isang bagay na kumportable ang paghakbang mo. Kailangang humakbang ka dahil yun
ang dapat. Kailangan mong matutong gumalaw sa isang bagong mundo, malayo sa
masaya, malayo sa nakasanayan, kasi kailangan.
Miyerkules, Hulyo 3, 2013
How to commit a crime without being prosecuted
Best thing one can learn from Criminal Law 1 is how to commit crimes without being prosecuted. Ladies and Gentlemen, here are two ways how.
1. The Philippines adheres to the English Rule where it stresses the territoriality rule. This means that when a private or merchant ship sails and an offense was committed on board, wherever that ship goes, the right to exercise jurisdiction shall always be awarded to the Philippines. Now, the other rule is the French rule which stresses the nationality principle. In the French rule, wherever the ship may be, if an offense was committed on board, the country where the ship belongs to shall have the right to prosecute the offender.
This is what you have to do, find a country which adheres to the French rule, get into a Philippine ship that goes to that country and commit a crime on board. Since that country adheres to the French Rule, they will give the right to prosecute where the ship belongs to but we are adhering to the English rule so no court shall have the jurisdiction for your case.
2. Article 2 of the Revised Penal Code expresses the enforcement of the RPC not only within the Philippine territory but also those crimes committed outside Philippine territory against those who (Section 1) commit an offense on board a private or merchant ship or air ship shall be prosecuted in the Philippines provided that a. the merchant or private ship is registered under Philippine Laws, in the Maritime Industry Authority or MARINA and in the case of airships, in the Civil Aeronautics Administration and b. the crime was committed within the international waters. Meaning, those crimes committed on board a private or merchant ship cannot be prosecuted in the Philippines if the ship is not registered in MARINA.
Here's what you have to do. Rent a private motorboat, make sure it is not registered in the MARINA, sail into the international waters, make sure you are in the international waters and then commit the crime you want to commit. Since the motorboat is not registered in the MARINA, Article 2, Section 1 of the RPC cannot be enforced, therefore, you cannot be prosecuted.
Biyernes, Hunyo 28, 2013
The VFA
We were having our daily dose of recitation in Criminal Law earlier today. We were discussing about the elements of Criminal Law namely general, territorial and prospective. Under the generality rule, all those who live or sojourn in the Philippine territory who committed crimes, must be prosecuted by Philippine courts. Same is true for the territoriality rule, any crime committed within Philippine Territory should be prosecuted by Philippine Courts. Of course subject to exceptions. Provisions of treaties entered into by the Philippine Government and those laws of Preferential Application. An example of a treaty exempted from the generality and territoriality element is the Visiting Forces Agreement as an implementing agreement to the main RP-US Defense Mutual Treaty entered into by the US and RP Governments with a purpose to strengthen the ability to resist armed attack to both countries.
Some provisions of the Treaty says that in general, Philippines has primary jurisdiction over offenses committed by US personnel except in cases where, crimes committed against another US personnel, crimes committed against property of another US personnel, crimes committed against property of US, crimes committed against National Security of US and those punishable acts or omissions done in the performance of official duty.
This one is terrible, it says in the treaty that even to cases not bounded by exceptions, meaning those cases really triable in PH Courts, US can request for the PH to waive its right to exercise jurisdiction, and this one we have no choice but to agree. There are consuelo de bobo for this, we cannot grant the US request if the case is under Heinous Crimes, Anti Child Abuse Law or Dangerous Drugs Act.
The last question posted by Atty. Amurao to one classmate was "Do you think this is fair?"
Of course not! How on earth can that provision be fair? If for example, your sister was raped by US Military personnel covered by VFA and then the US requests for PH to waive the right to prosecute and the Philippines without any choice granted it, is it fair? NO!
Then I remembered the rape case to a Filipina and US soldier Smith, I'm pretty sure the US at that time requested for waiver of jurisdiction and of course the PH agreed. What now happened to the case? We don't know. What happened to the Filipina? Is she still living a normal life? We don't know. what happened to Smith? Can he sleep sound at night knowing that a girl thousand miles away is still suffering for what he did? We don't know.
This is rather a sad, sad realization.
Some provisions of the Treaty says that in general, Philippines has primary jurisdiction over offenses committed by US personnel except in cases where, crimes committed against another US personnel, crimes committed against property of another US personnel, crimes committed against property of US, crimes committed against National Security of US and those punishable acts or omissions done in the performance of official duty.
This one is terrible, it says in the treaty that even to cases not bounded by exceptions, meaning those cases really triable in PH Courts, US can request for the PH to waive its right to exercise jurisdiction, and this one we have no choice but to agree. There are consuelo de bobo for this, we cannot grant the US request if the case is under Heinous Crimes, Anti Child Abuse Law or Dangerous Drugs Act.
The last question posted by Atty. Amurao to one classmate was "Do you think this is fair?"
Of course not! How on earth can that provision be fair? If for example, your sister was raped by US Military personnel covered by VFA and then the US requests for PH to waive the right to prosecute and the Philippines without any choice granted it, is it fair? NO!
Then I remembered the rape case to a Filipina and US soldier Smith, I'm pretty sure the US at that time requested for waiver of jurisdiction and of course the PH agreed. What now happened to the case? We don't know. What happened to the Filipina? Is she still living a normal life? We don't know. what happened to Smith? Can he sleep sound at night knowing that a girl thousand miles away is still suffering for what he did? We don't know.
This is rather a sad, sad realization.
Biyernes, Hunyo 21, 2013
The Line-up
I only allowed myself a few minutes to spare for this post so I better hurry. It was our first meeting in Criminal Law 1 earlier. We were really nervous waiting for our professor. There have been rumors that we will be under the legendary Atty. Maximo Amurao but then i didn't believe until a very tall, old, no nonsense man entered the room. Everybody was quiet because his voice was too not loud, I cant remember the opposite of loud. LOL. He went on to discuss the rules in class. Everyday will be graded recitation, only hand written notes are allowed in class, and we were lucky because his book has already been published so we can open it in class provided we were not the one answering the question because if you are, of course you cannot open anything. We can maximize absences subject to the maximum allowable absences as required by the school.
According to stories, Atty. Amurao is very strict in everything. Last semester for their Criminal 2 class, no one passed the course. The previous years, only 2 o 3 people pass his subject. No one really wants to be under him. As for first impression, he is really a no nonsense man. He even told us he is doing this for our own good what if he says we are already litigators and during the trial we run out of arguments, will we say, "excuse me your honor pls give me an hour to review" of course we cannot, so as early as this stage in our study of Law, we will undergo his scrutiny, one thing that he does best. He told us, we will pray that during his class a storm will land so classes will be suspended or there be a bog flooding so we cant see him. We can curse and plan to kill him in our minds but of course not put that into action because we can be criminally liable for doing that. He says if we survive his course, we will be very thankful to him. He even shared that some of his students who already took and passed the Bar sometimes go to him and tell him that during the Criminal Law part of the Bar, they saw his face in the questionnaire and were transported back to their classes under him. In that way, he said, they remember that he is behind their back and helping them answering the questions. He is that sweet. LOL
He said, after your first year and you pass all your subjects, you get a big A. After second year and you pass all your subjects you get the big T. After third year and you again pass all your subjects, you get another T. After fourth year and you again pass everything, you get a big Y. If you take the Bar and you pass, you get the big period. (He wrote it in the board so it became more dramatic). Try to get your first A after first year.
Other professors for our other subjects were as follows: for Persons and Family Relations, Judge Andres Soriano; for Constitutional Law, Commissioner Wilhelm Soriano of the Human Rights; for Statutory Construction, Atty. Marites Pahate; for the other subject, Logic and Legal Writing and Legal Research we haven't met the professor yet.
I hope all of us in the class, will pass Crim Law after this sem. As for me, I will work hard to get that. Until next time.
According to stories, Atty. Amurao is very strict in everything. Last semester for their Criminal 2 class, no one passed the course. The previous years, only 2 o 3 people pass his subject. No one really wants to be under him. As for first impression, he is really a no nonsense man. He even told us he is doing this for our own good what if he says we are already litigators and during the trial we run out of arguments, will we say, "excuse me your honor pls give me an hour to review" of course we cannot, so as early as this stage in our study of Law, we will undergo his scrutiny, one thing that he does best. He told us, we will pray that during his class a storm will land so classes will be suspended or there be a bog flooding so we cant see him. We can curse and plan to kill him in our minds but of course not put that into action because we can be criminally liable for doing that. He says if we survive his course, we will be very thankful to him. He even shared that some of his students who already took and passed the Bar sometimes go to him and tell him that during the Criminal Law part of the Bar, they saw his face in the questionnaire and were transported back to their classes under him. In that way, he said, they remember that he is behind their back and helping them answering the questions. He is that sweet. LOL
He said, after your first year and you pass all your subjects, you get a big A. After second year and you pass all your subjects you get the big T. After third year and you again pass all your subjects, you get another T. After fourth year and you again pass everything, you get a big Y. If you take the Bar and you pass, you get the big period. (He wrote it in the board so it became more dramatic). Try to get your first A after first year.
Other professors for our other subjects were as follows: for Persons and Family Relations, Judge Andres Soriano; for Constitutional Law, Commissioner Wilhelm Soriano of the Human Rights; for Statutory Construction, Atty. Marites Pahate; for the other subject, Logic and Legal Writing and Legal Research we haven't met the professor yet.
I hope all of us in the class, will pass Crim Law after this sem. As for me, I will work hard to get that. Until next time.
Martes, Hunyo 18, 2013
Networking
I forgot to tell you about our
classmates/bloc mates for the whole year. Yesterday, Kuya AC appointed
classroom officers randomly because no one wants to volunteer. So we have
beadles for every subject. Beadles are like leaders, no not really leaders but
for lack of better term let’s settle with leaders. They are the ones contacted
by the professor for announcements and other what-nots. In case there are home works assigned for the class, the beadles will get these from the library and give the whole class copies, well, i don't really know the extent of their humanitarian mission but that was what Kuya AC and the other Kuya told us yesterday.
Good thing I have Audrey with me in Law School. We also have one friend from UP Manila named Cara. While waiting for our prof yesterday, we were talking when:
April: San ka nga pala nakatira?
Cara: Sa gilmore. Isang lrt ride lang.
A: Ah malapit lang pala.
C: Ikaw, san ka nakatira?
A: Dyan sa Altura, kung nakikita mo yung Puregold Sta Mesa, across doon lang.
C: Ah, nadadaanan ko lang pala, kung gusto mo kapag pauwi sabay ka na sa akin kasi minsan sinusundo naman ako.
A: Ha? Sige. (Laugh) Makapag-sige naman ako.
C: Hindi, okay lang talaga kasi di ba may up to 9:30pm tayo, gabi na nun, delikado kaya.
A: Oo nga eh, sige. :)
Cara is nice. Most of our classmates came from UST and San Beda so more likely they will form their own alliances. We have a classmate from UP Cebu and UP Diliman together with a guy from UST. I told Audrey we have to befriend them so we can also form a 6-man alliance because it is difficult to exclude Mr. UST. Admit it, we need every brilliant, nice and fellow UP people by our side. I befriend them because really, we need to create network in Law School. I am a piece of hypocrite if I tell you I just did that because it is a moral thing to do.
The first day
Monday, June 17, 2013 10:31 PM
Today
was the first day in Law School of the 2018 Bar Topnotcher (naks). Originally,
our class schedule is 4:30-6:30pm for Statutory Construction and 6:30-8:30 for
Persons and Family Relations but we received a text message from Kuya AC
informing us that there will be a classroom orientation regardless of our
schedule. I didn’t expect that he will be the one facilitating the orientation.
Kuya AC is a brod from UPLB EconSoc. He is a member of various organizations in
San Beda particularly the Lex Scholaris, something like an Honor Society where
only Honor Students are being catered and the International Debate Society, he
was even the representative of San Beda in a debate competition sponsored by
the ANC and was qualified up to the semi finals against Ateneo. In short, Kuya
AC is one of the best Law Students in San Beda and he is now on his 4th
year. I am hoping he be one of the top ten when they get their Bar.
Going
back to my first day, Kuya AC and another Law Student gave us tips on how to
survive our first year, well, you cannot really teach a person ways on how to
survive but yeah something like that. They even gave us a sample case and used
it for a mock recitation where Kuya AC was the mock professor (sorry I don’t
know how to address him. haha). Since he knows Audrey and me, we were not
called to recite although the sample case was really simple and I’m pretty sure
that was very far from the real and actual recitation. We bought three Codals
(a compilation of the laws), we have the Revised Penal Code, the Philippine
Constitution and the Civil Code for a total of Php 1,318. Yes, that was a lot
of money considering these were not even the real reference books, these are
just merely Codals.
The
orientation lasted for an hour and a half then we switched classrooms for our
Persons class but we left because we were confident that the prof won’t arrive.
We are clinging now to the hope that really the professor didn’t arrive because
if he did, we were guilty of boycott and punishable by having a grade of 65 or
failed for the first recitation and the prof will probably hate us for the rest
of our stay in the College.
Biyernes, Hunyo 14, 2013
Ang labo na nga ng buhay ang labo ko pa
Thursday, June 13, 2013 10:30 PM
Orientation
namin kahapon. Masaya naman pero hindi ko pa rin ramdam. Si Kai tinanong sa
akin kung kailan ko ba daw matatanggap na sa San Beda na ako.. Hindi ko din
alam eh.
Frustration ko
ang UP Diliman mula pa nung pumasok ako sa college. Nung hindi ako pumasa,
kinuwestyon ko pa kakayahan ko, bakit sila pumasa, ako sa UPLB ‘lang’? Ang
problema, hindi naman ako sumubok lumipat. Sinasabi na nila Joey at Kevin noon
na tutulungan nila ako lumipat pero hindi ko naman ginawa. Ang labo nga eh,
gusto ko pero hindi naman ako gumawa ng paraan. Kaya nung nabigyan ulit ng
pagkakataon sana para sa wakas eh makatuntong ng UP Diliman, yung LAE nga,
hindi na naman ako pumasa. Paulit ulit na lang. Pero dahil pwede hanggang tatlong takes sa
LAE, may paraan naman para mas lumaki yung chance na pumasa, pwede sana
magpahinga muna ako ng isang taon, saka mag review ng tunay tapos mag take
ulit, baka nga naman mas malaki na yung chance pumasa kung ganun, pero katulad
ng dati, may paraan naman pero hindi ko ginawa.
Kasing labo ng
mga desisyon ko ang buhay.
Nagrereklamo ako
pero hindi ko naman ginawa lahat ng paraan para makuha yung gusto ko. Siguro nga
yung kinatatayuan mo ngayon, deep down, yun rin naman ang gusto mo. Nagkakaron
ka lang ng doubts kasi hindi matanggap ng sistema mo na tanggap mo na yung
sitwasyon. Ewan, hindi ko alam.
PS: Namove sa 17
ang pasok naming.
Ewan
Tuesday,
June 11, 2013 9:18 PM
Tomorrow will be
our orientation; I went to San Beda earlier, with my batch mate Audrey who will
also be entering San Beda Law and weren’t allowed to enter at first coz Audrey
was in a sleeveless blouse, yes ladies and gentlemen, we weren’t allowed to
enter coz she was in a sleeveless blouse. Ewan.
When we were in UP, anyone can enter the
campus in any clothing they wish to wear especially in UPLB where fashion
exceeds limits. Well, it’s up to you to interpret the last line. Going back, we
went there coz we need to get the required shirt which we need to wear tomorrow
for the orientation. Did I tell you it costs us 500 pesos and was not even part
of the fees we have paid during the enrolment? Ewan.
Speaking of
fees, for this sem we have to pay a total of 54k+. In UP, 54k may be good for a
year already with dorm fee for more or less seven months.
We
saw a tarpaulin in Beda that welcomes freshmen with the tagline “Heads up
because you are now Bedans” and a picture of a guy literally heads up. Ewan.
In UP, I have
heard freshmen who laminated their form 5s (assessment form) but during my
enrolment in San Beda, enrolment in Law take note, I have seen a guy holding a
laminated NSO Certificate of Birth. Ewan.
I am not excited
for the orientation tomorrow; I don’t know I don’t feel anything. I am pretty
judgmental I know but… I do hope this mentality change soon.
PS: We visited
the church inside the school and so far it is the best thing I have seen in
Beda.
Monday, June 10, 2013 10:51 PM
People
say that the hardest thing to do is to start, I guess they’re right. This is my
first time to post something I wrote in the web for everyone to see, not that
everyone is visiting this blog and reading the entries but well, yeah, I’m
getting nowhere, I know. I’m a better talker than writer and pardon the
writing, I’m no Shakespeare.
So
what do I want? A place where I can express myself, maybe tackle important
topics and give my opinions about them, but above all, I want someone to listen
to my rants, issues, and everything, as I enter the Law School. Yes, Law
School. I am enrolled in the San Beda College of Law for this semester. I
haven’t passed the UP Law Aptitude Exam; I was placed in Category B at San
Beda, those who still needed to be interviewed before accepted; I don’t have
Latin Honors that I could boast everyone around. So, am I ready to enter Law
School? Well, I think so, the desire to get something you really want fuels the
strength to do everything and push your limits. I just wish that desire is
enough…
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