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.

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, 3^rd 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.

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.

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.

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.