Law Schools in Davao Region

Below is the list of colleges and universities offering Bachelor of Laws in the Davao Region:

1. Ateneo de Davao University. Jacinto Street, Davao City
2. Cor Jesu College. Digos City
3. St. Thomas More School of Law and Business. Tagum City
4. University of Mindanao. Bolton Street, Davao City

What to do on Christmas vacation?

So, you're in law school and have been reading and reading until you cannot read anymore. What would you do on Christmas vacation?

You're suddenly free. Not totally free as you might have been given tons of assignments by your professors. But it's Christmas and it's the season to be jolly! Even if you still need to study your lessons during the break, please cut yourself some slack time and be merry opening gifts, attending parties, and joining reunions. You need to socialize, too, and I mean socialize outside your classmates and law school buddies.

If you haven't been able to join your pre-law school friends, now is the time to reconnect. And if you haven't been able to sleep on time for the last one (or more) semester, now is the good time to catch up on sleep. Catch up on life, generally!

Enjoy your Christmas vacation! But devote some time to read, too. It's easier to get back on track once classes start on January if you've been reading at least a few hours daily on your vacation. Enjoy!

Waiting...

Barristers who took the November 2011 Bar Examinations are now bracing themselves for the release of the exam results. An excerpt of a news article posted at ABS-CBN.com last January is quoted hereunder:

He (Midas Marquez) said the Bar exam results may also be released earlier as the test result for the first 3 Sundays will be via computerized checking.

"There is a big probability the results will be released earlier because results of the first 3 Sundays will be finished in 2 hours. We will only be left with the checking of the essay type," he added.

If the results of the multiple choice answers can be finished in 2 hours then I guess that we will just have to wait for the results of the Trial Memo and Legal Opinion. During my time, waiting was an agony. I hope the bar exam result will be released early next year. January, maybe?

5 Things a Paralegal Does

A guest post from Shelby Crockett

A paralegal is someone whose work revolves around assisting lawyers in delivering legal services to their clients.  They can work in just about every area of the law and have duties that can range from administrative to heavily legal.  To give you a better idea, we have gathered five of the tasks a paralegal commonly does.

1. Client contact – A paralegal often serves as the primary contact point between lawyer and clients.  This can include relaying information back and forth, answering questions, and even helping acquire new clients.
2. Conduct interviews – An initial legal interview is often done by paralegals.  This can include meeting with clients to get the details of the case and getting specific information.  Interviews can happen in person, over the phone, or even over the web.
3. Investigations – Ever see those massive boxes of evidence that are brought to trials?  Chances are the paralegal has done much of the research involved in it.  This can include getting evidence from both sides, looking up precedents, and even looking up similar cases and laws regarding the case.
4. Draft documents – Because the legal arena can have loads of communication, letters are still one of the most common, and paralegals are an important part.  They are often asked to draft legal documents regarding a specific client, case, or situation.  They can even be asked to prepare legal documents such as contracts, wills, and deeds.
5. Go to court – If the case a paralegal is working on goes to court, chances are the paralegal goes to court as well.  This is often because paralegals know about all the documents filed in court, where they are, and what they contain.

Shelby Crockett has been a Paralegal for 9 years 

and owns the site Paralegal Degree. 

Her site helps students find the right paralegal school.

IBP ID

I got my IBP identification card last Tuesday at the IBP National Office. The ID fee is P200 and you would be able to get your ID in a matter of minutes. You need to know your roll number for easy breezy transaction.

The map to IBP National Office:


View IBP National Office in a larger map

MCQ Reviewers

I am guilty of not sharing these with you earlier. Had I discovered that these files were shared on my google docs last May, I would have posted this before the Bar Examination.

Anyway, I guess I'm not late for the 2012 Bar Exam. Here are the MCQ Reviewers:

1. Civil Law Reviewer I
2. Civil Law Reviewer II
3. Commercial Law Reviewer
4. Constitutional Law Reviewer
5. Criminal Law Reviewer
6. Labor Law Reviewer
7. Legal Ethics Reviewer
8. Remedial Law Reviewer
9. Taxation Law Reviewer

Please report broken links.

November 2011 Bar Exam Schedule

The new schedule posted above was taken from sc.juidiciary.com.ph

I'd rather not comment of the new schedule. I know that the authorities have deliberated to come up with this kind of schedule and I do respect that. The schedule is much lighter next Sunday considering that the examination will start at 10:00 A. M. But the subjects involved are heavy subjects so examinees must really use their time wisely.

Good luck!

Bar Exam in 2 days

Last year, two days before the Bar examination, my heplock was taken off. I felt like I did not study enough for Political Law and Labor Law. I attended the Bar Operations at Kabayan Hotel, Pasay on Friday night. The main reason why attended the bar operations is that I know that Dean Q will be there and I'm sure he had some last-minute tips for all of us.

I know that the last-minute tips won't do much specially if you're cramming and panicking and just overwhelmed of the fact that the moment that you have prepared for four and a half years has already arrived. Let's say I wasn't really there for the review. I was there for the durian from Atty. RA's farm, which were very delicious, I must say! I was there for the support of my fellow classmates/barristers. I was there for the consolation, for confidence boosters, just for the much-needed feeling that I am not alone in this world!!!

My bar preparation was a terribly lonely journey for me. It was fun but I thought that I WOULD NEVER DO THIS AGAIN!!! So I just have to do my very best, squeeze my brain juices out if I must, just to pass.

At the BarOps, when it was Dean Q's time to talk, he asked me, How's lovelife? I answered with a smile, "Blooming!"

The night before the Bar Exam, I slept early (heck, I always sleep early). At around 3am on bar exam day (First Sunday), alarms started to sound. I was a little annoyed at first because IT'S TOO EARLY TO BE UP AT 3AM!!! At around 4AM, Tita Vangie knocked on my door and said that I should get up. I was surprised that almost everybody in my wing are already prepared to leave the dorm and go to UST. I took a bath and my tardiness has actually been an advantage, I did not have to fall in line for the shower. Down at the cafeteria, I did not have to fall in line for my breakfast. And I did not have to fall in line for my packed lunch! Hehehe! But the dorm was also almost deserted when I left and I was also lucky that the cafeteria staff left some food for me.

I wonder how my classmates are now that the bar exam is in two days. I hope they're still focused even if they cram. Too bad I couldn't be with them on the first Sunday...

November 2011 Bar Examination

The list of the 2011 Bar Candidates may now be viewed in the Supreme Court Website. The file is in Portable Document Format. Download the file here.

If you can't download the official file from the Supreme Court, the same is reproduced below:

Supreme Court of the Philippines

Office of the Bar Confidant

LIST OF ADMITTED CANDIDATES IN THE 2011 BAR EXAMINATIONS

   1. ABAD, Cernick S.

   2. ABAD, Milagros Iluminada Emiliana P.

   3. ABAD, Nathalie Jane S.

   4. ABAD, Rino E.

   5. ABAD, II, Elmer H.

   6. ABAGAT, Hazel V.

   7. ABALOS, Dowelson M.

   8. ABALOS, JR., Oscar B.

   9. ABAM, Jolina Y.

  10. ABAN, Marylyn A.

  11. ABAN, Richard D.

  12. ABAN, Richard Bobot F.

  13. ABANTE, Marifi M.

  14. ABAPO, Lovely S.

  15. ABAQUITA, JR., Gideon Florante A.

  16. ABAR, Valire Jess D.

  17. ABARCA, Rodvick J.

  18. ABARIENTOS, Bernabe T.

  19. ABARINTOS, Rei Andrew C.

  20. ABARQUEZ, Anna Melissa F.

Lawyer's Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

Family Home

What is a family home?

Is family home exempt from execution?

Is a judicial or extra-judicial constitution mandatory in order for a home to be considered as family home?

Sometimes, a judgment debtor is complacent that his family home would not be executed in favor of his creditors, relying upon the provisions of the Family Code that a family home is exempted from execution. However, not all people know that while a family home is generally exempt from execution, this rule admits of exceptions.

The leading case of Kelly Jr. vs Planters Products Inc. has laid down the rule on the execution of a family home:

No doubt, a family home is generally exempt from execution provided it was duly constituted as such.  There must be proof that the alleged family home was constituted jointly by the husband and wife or by an unmarried head of a family. It must be the house where they and their family actually reside and the lot on which it is situated. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter’s consent, or on the property of the unmarried head of the family. The actual value of the family home shall not exceed, at the time of its constitution, the amount of P300,000 in urban areas and P200,000 in rural areas. Under the Family Code, there is no need to constitute the family home judicially or extrajudicially. All family homes constructed after the effectivity of the Family Code (August 3, 1988) are constituted as such by operation of law. All existing family residences as of August 3, 1988 are considered family homes and are prospectively entitled to the benefits accorded to a family home under the Family Code. The exemption is effective from the time of the constitution of the family home as such and lasts as long as any of its beneficiaries actually resides therein. Moreover, the debts for which the family home is made answerable must have been incurred after August 3, 1988. Otherwise (that is, if it was incurred prior to August 3, 1988), the alleged family home must be shown to have been constituted either judicially or extrajudicially pursuant to the Civil Code.

A family home, if constructed before the effectivity of the Family Code, may only be constituted as a family home by filing a Petition in court. The person claiming exemption must not only allege but must also set-up and prove that the subject property is actually a family home.

For further reference, read the case of Juanita Trinidad Ramos vs Danilo Pangilinan (GR No. 185920).

Grave Misconduct

What constitutes grave misconduct?

Grave Misconduct has not been defined by our law. Luckily, our jurisprudence is pregnant of cases which could guide us into determining what constitutes grave misconduct.

The leading case goes as far back as March 20, 1922, In Re: Impeachment of Honorable Antonio Horrilleno, quoted as follows:

The grounds for removal of a judge of first instance under Philippine law are two: (1) Serious misconduct and (2) inefficiency. The latter grounds is not involved in these proceedings. As to the first, the law provides that "sufficient cause" must exist in the judgment of the Supreme Court involving "serious misconduct." The adjective is "serious;" that is, important, weighty, momentous, and not trifling. The noun is "misconduct;" that is, a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer. The word "misconduct" implies a wrongful intention and not a mere error or judgment. For serious misconduct to exist, there must be reliable evidence showing that the judicial acts complained of were corrupt or inspired by an intention to violate the law, or were in persistent disregard of well-known legal rules. (Lawlor vs. People [1874], 74 Ill., 228; Citizens' Insurance Co. vs. Marsh [1861], 41 Pa., 386; Miller vs. Roby [1880], 9 Neb., 471; Smith vs. Cutler [1833], 10 Wend. [N.Y.], 590; U.S. vs. Warner [1848], 28 Fed. Cas. No. 16643; In re Tighe [1904], 89 N.Y. Suprr., 719.)

The above-mentioned case has been cited in numerous subsequent administrative cases.

Another read-worthy blog

I've been in the law practice for a few months now and one of the things that I dread is cross examination. Yes, I am hesitant to do my cross examination and this is mainly because I'm afraid that I would be asking objectionable questions. So far, I have been to cross-examinations a couple of times and I was lucky enough to have survived without having a heart attack!

Anyway, I have had some few help both from my lawyer friends and also from my mentors. What I can share to you today is another resource available to us online for free. The blog of Uy Clerico & De Guzman (here) have a lot of interesting reads that could help young practitioners such as myself. I have recently discovered their website but they were already online as early as 2007.

Their blog also includes clips from a lawyer's everyday life. Go and check their blog!

PNP Disciplinary Rules of Procedure

The Full text of Memorandum Circular No. 200-01 may be downloaded from the Napolcom website here.

Unfortunately, the above-cited link seems to have some problems. I once saved the pdf file on my computer but I would always received some Acrobat reading problems when I access the file.

Here's a document format for the PNP Disciplinary Rules of Procedure. Download it here.

You can also read the full text online at ArnanaLawOffice site.

For a more thorough discussion about these rules, including Summary Hearing Guides, please read the PNP Manual.

100 Best Blogs for Law Students

I am happy to announce that this blog has been included in the Top 100 Best Blogs for Law Students ranked by onlineschools.org. This has been ranked in 2009 when I was still in third year.

From their website:

22. Law School Funk: The chronicles of this law student are hilarious and fun to read. His musings on tests, class competition and summer internships have a lot of information in addition to being entertaining.

I am so happy that this blog has been included as one of the top law student blogs from around the world. Click the image above to go to the list of the Top Best Blogs for Law Students.

Thank you www.onlineschools.org.

Workplace Compensation

Have you been involved in work-related injuries, sickness, or accidents? Or, has your relative or family member been a victim of work-related death?

In our jurisdiction, every worker or employee is covered by the Employees Compensation. In filing for a claim, you don't need to hire a lawyer. You simply need to go to your nearest Social Security System (SSS) or Government Service Insurance System (GSIS) Offices, depending on whether you are a private or government employee, to file your claim. These claims are to be filed with the SSS and GSIS and not with the Employees Compensation Commission (ECC) because ECC's jurisdiction only covers appeals in cases where the SSS and GSIS would deny or reject your claim.

In filing an appeal, still, you do not need to hire a lawyer. The claim may be filed by the victim (employee) himself or any of his dependents. In some cases, it is the employer (or company) who does the filing in behalf of the employee.

I have been stressing about the fact that you do not need to hire a lawyer in claiming and processing your workplace compensation. Why? Because hiring one would mean that you will have to pay extra costs which shall most probably be taken from your workplace compensation claims.

In United Kingdom (UK), there are services offered that will assist victims of accidents at work and they will give you 100% of your claims without hidden charges. And, if the victim does not recover any workplace compensation, he does not need to pay any fees, with conditions.

If you think that you may be entitled to workplace compensation, do not delay. A claimant must file his claims within the prescribed period allowed by law and if you sleep on your rights, your claims may be forfeited.

PAO lang?

DON'T ever say PAO lang.

Copied from the PAO website:

PAO Mission

The Public Attorney’s Office exists to provide the indigent litigants, the oppressed, marginalized and underprivileged members of the society  free access to courts, judicial and quasi-judicial agencies, by rendering legal services, counselling and assistance in consonance with the Constitutional mandate that “free access to courts shall not be denied to any person by reason of poverty” in order to ensure the rule of law, truth and social justice as components of the country’s sustainable development.

PAO Vision

A government agency that is God-centered and dynamic bureaucracy that is responsive to the ever-growing legal needs of the indigents and oppressed led by highly competent, world- class, development-oriented, honest, dedicated and nationalistic leaders and lawyers.

Our Public Attorney's Office is composed of very capable and hardworking lawyers who are overworked and underpaid and they should be accorded with much respect. I was observing one courtroom last Monday and I heard the accused say, "PAO lang," after being asked if he has a lawyer. Maybe it was not his intention to undermine the abilities of his PAO lawyer but to me, it sounded like he did not feel confident being represented by a lawyer provided to him by the government. No one should ever insult his lawyer like that.

2011 Reviewers

From reyrod10 of PinoyLawyer.Org (in Doc format)

1. Labor Law
2. Civil Law
3. Criminal Law
4. Political Law

From a certain "Bert" 

1. Bert's Remedial Law Reviewer (in pdf)

From Elmer P. Brabante's Blog

1. 2011 Remedial Law Reviewer (in pdf)

Online Bar Review Materials

I have not received a reply yet from the authors of the Bar Review Materials that I'm going to upload. So, to keep you busy for a while, here are some helpful links from fellow lawyer and law student bloggers:

NEW!!! Sample MCQs (In Google Docs)

Pace Lex et Sapienta - a blog by Elmer Brabante. To view his archive of bar review materials, please click here.

Civil Procedure Reviewer Part 1 by Elmer Brabante

Civil Procedure Reviewer Part 2 by Elmer Brabante

ADMU Compilation

Gana Notes

UP Notes

I will upload files later after I get permissions from their respective authors. I will try my best to upload readable and well-formatted materials and I promise to make your download hassle-free.


Please check often as I will be updating this list from time to time.


7/15/2011 Update: I have not received any replies from the authors. I will upload and post the files on Monday and pray that I won't be charged with copyright infringement.

Lexoterica: A Philippine Blawg

This is a review of Lexoterica: A Philippine Blawg

This blog started as a blog by Hector de Leon Jr. If you think that the name is familiar, you are right! Who hasn't read the book written by his father, Hector S. de Leon? If you haven't noticed, most of the law books recommended by undergraduate law subjects are authored by Hector S. de Leon and that is because his books are written in a student-friendly fashion.

Now, going back to Lexoterica, this blog became public in 2009 and some bloggers joined Hector de Leon Jr. in January 2010. If you will notice in their About the Bloggers page, you will notice that the contributor-bloggers are all partners of the Sycip Salazar Hernandez & Gatmaitan. Wow! I'm just amazed that these busy lawyers devote some of their precious time to digest the recent Supreme Court decisions.

If you want to check the digested versions of our recent jurisprudence, feel free to visit Lexoterica blog.

Books to read

I would highly be endorsing the books written by Justice Pronove if you're a new trial lawyer. Aside from having the confidence to be in the courtroom, you must also be prepared for your case and must still have what you learned in law school.

These books are helping me now in my practice:

1. Evidence in Action
2. The Art and Technique of Cross Examination

All authored by Justice Ricardo L. Pronove, Jr., it is available in Central Books.

The Art and Technique of Cross Examination

I labored through the internet to find a copy of this book that I was referred to Philippine Elib showing that a book is physically located in UP Diliman College of Law. Also, the title of the book is The Art and Technique of Cross Examination with Rules on Electronic Evidence. But it's not available for sale at Elib because it doesn't have an item cost and honestly, I was confused with that website.

So I asked my sister who was in AdDU that time to drop by at Central Books and inquire if they have this book. And yes, they have around 7 copies left and it sells for P450 a copy. Yey! But when I got the book, it's title is different from that I have found online. My book's title is the Art and Technique of Cross Examination plus Cross-Examination in Arrest and Detention Cases. Hmmm, it's not a fatal discrepancy, though.

In my initial reading, I readily noticed Justice Pronove's style in book writing. It is written briefly and only the very important matters are discussed in the book. By the way, it's just 99 pages and I found the font larger than expected. I haven't finished reading it but there's one line that really caught my attention on its introduction page: "Probably because of the challenging nature of cross-examination, may lawyers shy away from trial work, choosing instead the more peaceful but lucrative corporate practice." How's that for a tip? Who wouldn't want a more peaceful but lucrative lawyering practice? Hahaha!

Are you ready for trial? =)

***UPDATED June 30, 2011:

So, I was able to read parts of this book. It's a really good book. However, there is one major flaw: this book has several typographical errors. I hope that the publisher of this book would reprint it and correct all the typographical errors.

Cross Examination

Kudos to me! I have survived my first cross examination! (Applause)

I was lucky that the opposing counsel was not very fond of objecting and he never really objected to any of my questions this morning, except for the last one, which last  question did not really come from me but coached by my senior.

Honestly, I think that I have to read (again) Justice Pronove's book, Evidence in Action. I did not really make any objection during the direct and redirect examination because I just don't want to and the conduct and questioning was really on my favor. =)

Hahaha! I feel like a student again. I hope someday, my posts would be tips on the conduct of trial.

Tomorrow, I will be attending a hearing for the reception of evidence. Tomorrow's case is a weird one because it's consolidated and there seems to be a controversy in the person of none other than the public prosecutor. I will tell you about it later.

Anyway, as I was reading Evidence in Action, I was referred to another book of the same author, The Art and Technique of Cross Examination. I've googled it just recently and there's an elib.gov.ph where it's listed but not available. The latest publishing is on 2004. I hope I'll find it in our local Rex Bookstore or Central Books.

Sayri ang Balaud (Know the Law)

Davao City, Philippines. Listen to Sayri ang Balaud at Radyo Ukay DXUM 819, every Tuesdays and Thursdays, 5:00 PM to 6:00 PM.

I was there earlier to talk about VAWC (RA 9262: Violence Against Women and their Children). My topic included child abuse but due to time constraints, we were not able to discuss about it and just focused on VAWC. Maybe we can schedule Child Abuse next time...

The people behind Sayri ang Balaud:

Program Coordinator: Jessie James Marcellones

Anchor: Jerry Bato

Co-Anchor: Leonor Suyman

Researcher: Dustin Betonio

My first appearance

How did your Practice Court classes go? During our time, Dean Q was our teacher in Practice Court. I was assigned in a murder case, to be the private prosecutor. Adolf was the public prosecutor, Elisa was the private complainant, Lloyd was the accused. I forgot who the defense counsels were but one of them was Edgard.

Our practice court was filled with humor. But more than humor, I was nervous!!! I was nervous because I did not prepare for our case. I was just banking on the idea that the private prosecutor is under the direct supervision and control of the public prosecutor and with that on my mind, I thought that I could evade examining the witness if I call for Adolf's help. I can see some of my classmates reading their script as if Practice Court was a play. And then I somehow regretted it, why didn't we make a script? It's too late for it now.

Dean Q's instruction is that when he pounds the gavel after the question, there must be an objection. It is for the student (opposing counsel) to state the grounds for the objection. It's funny  because when it was my turn to examine our witness, right after my first question, I heard the sound of the gavel. I was appalled! But the opposing counsels were also quite adamant on what objection to make. I said I would rephrase my question, which I did, and I heard another loud crack from the gavel. Oh my God! This is harder than I thought! I still had a few more objectionable questions until I gave up and went back to my one and only plan which is to call the public prosecutor for help.

I would never forget that day. There are some witty quotes from my classmates and also from Dean Q such as this:

Dean Q: Janice, why are you not in your proper attire? (Janice was not wearing a blazer).

Janice: Your honor, my car broke down on my way here to court, I used my blazer to clean the engine.

Dean Q: So, you're not only a lawyer, you're also a mechanic?

And then the classroom was filled with laughter.

On my first real appearance as a lawyer, it was time for the cross-examination of our witness. I was a little prepared but I am still nervous and was praying that the butterflies in my stomach would disappear. My only consolation is that when our case was called, there are only very few people left in the court room.

The funny thing is I was able to evade my first real appearance. The prosecutor during that time had to leave and delegated me to handle the cross examination on my own. I didn't know how to respond and just asked the court if a certain lawyer (my uncle who happens to be there) to assist me. The court granted my request and because of that, it was my uncle who made the objections.

I had a series of court appearances after that. I'm still young at this field but I'm continually learning. 

Ombudsman

The following text was taken from the Office of the Ombudsman Primer given to the new lawyers and guests during the IBP Davao City Chapter Orientation of New Lawyers.

How was the Office of the Ombudsman created?

The 1987 Constitution, in its declaration of Principles and State Policies, mandated that the State shall maintain honesty and integrity in public service and take positive and effective measures against graft and corruption. It was likewise reiterated that public office is a public trust and that public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. The same Constitution gave birth to the Office of the Ombudsman which it has expressly described as an “independent body” and “protector of the people”. It has vested the Office with brad and comprehensive powers in order to institute reforms in the bureaucracy and prosecute erring public officials.

With the nature of the Office of the Ombudsman under the fundamental law, President Corazon C. Aquino issued Executive Orders No. 234 and 244 on July 24, 1987 decreeing the formal organization of the Office of the Ombudsman, and transforming the former Tanodbayan into the Office of the Special Prosecutor as its organic part.

The presidential executive orders were superseded by Republic Act No. 6670, otherwise known as the Ombudsman Act of 1989, which was approved by President Corazon C. Aquino on November 17, 1989. RA 6670 further put flesh to the organization and functions of the Office of the Ombudsman, The same law reiterated the integration of the Office of the Special Prosecutor into the Office of the Ombudsman.

Under both the Constitution and RA 6670, the Ombudsman was principally tasked to investigate on its own or on complaint by any person, in any form or manner, by any act or omission of any public officer or employee, including those in government-owned or controlled corporations, which appears to be illegal, unjust, improper or inefficient. The Ombudsman was further tasked to perform the functions of graft prevention and public assistance.

On May 12, 1988, the Office of the Ombudsman became operational upon the appointment of the Ombudsman and his Deputy. Shortly thereafter, one Deputy Ombudsman each for Luzon, Visayas, and Mindanao were likewise appointed by the President. In 1990, Deputy Ombudsman for the Armed Forces of the Philippines was also designated.

Who may be appointed Ombudsman and Deputies?

The Ombudsman and their Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, shall be at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have for ten (10) years or more been a judge or engaged in the practice of law in the Philippines. (Art. XI, Sec. 8, 1987 Constitution)

The Ombudsman and his Deputies shall be appointed by the President from a list of at least six (6) nominees for every vacancy thereafter. Such appointments shall require no confirmation. They shall serve for a term of seven (7) years without reappointment. (Art. XI, Sec. 9 & 11, 1987 Constitution)

Mission Statement

As protectors of the people, we shall endeavor, in cooperation with all sectors of the Filipino society, to promote integrity and efficiency and high ethical standards in public service through proactive approaches in graft prevention and public assistance, prompt investigation of complaints and aggressive prosecution of cases filed against erring public officials and employees.

Vision Statement

A truly independent office run by God-fearing men and women with highest degree of competence, honesty and integrity, and effectively serving as watchdog, mobilizer, official critic and dispenser of justice for the people it is constitutionally mandated to protect.

Roles of the Office of the Ombudsman

Watchdog

It looks at the general and specific performance of government officials and employees in order that the law may be administered and executed justly, fairly and equally at all. It also sees to it that steady flow of service is accorded to the citizens.

Mobilizer

It effectively utilizes the support of non-governmental organizations (NGOs), the youth sector and other major sectors of the society in the drive against graft and corruption. It establishes a continuing partnership with other agencies for nationwide campaign for integrity in public service and propagation of sound Filipino values of honesty, discipline, respect for elders and authority.

Official Critic

It studies laws, procedures and practices in government, and makes appropriate recommendations for a systematic operation of the government machinery free from bureaucratic inconveniences.

Dispenser of Justice

It administratively sanctions erring government officials and employees and criminally charges and prosecutes the same officials including private persons found to have conspired with them.

Five Major Functions

1.       Public Assistance. The Office of the Ombudsman extends assistance to citizens in getting from government basic public services.

2.       Graft Prevention. The Office of the Ombudsman may prevent or stop a public officer or a government agency from performing an act which might cause injury to the government or to the people. Corruption prevention also embraces the study and adoption of ways and means to minimize, if not to eliminate, the opportunities for committing corruption, to awaken the people’s awareness of its evils and solicit their cooperation in its eradication, as well as to maintain efficiency in government operations.

3.       Investigation. The Ombudsman exercises unique prerogative. He does not only conduct preliminary investigation of cases which may be filed with its Office. He even has the authority to conduct the fact-finding investigation to gather evidence, like what the police and National Bureau of Investigation (NBI) do. This has resulted in the prosecution of cases which otherwise would have been set aside for insufficiency of evidence.

4.       Prosecution. The Ombudsman has the Office of the Special Prosecutor to prosecute the cases in the Sandiganbayan. In the regular courts, the regular prosecutors are deputized by the Office of the Ombudsman to handle the prosecution.

5.       Administrative Adjudication. The Ombudsman may suspend or dismiss erring public officers and employees, including Cabinet Secretaries and all-other high-ranking officials except only the president and members of judiciary and congress. In all other criminal cases, however, all public officials and employees, without any exception, are under the Ombudsman’s investigative jurisdiction.

A project of the Office of the Ombudsman Community Coordination Bureau. Public Assistance and Corruption Prevention Office Tel. Nos. 926-8780/81; 926-9032 to 50

College of Law Orientation

On June 17, 2011, the University of Mindanao College of Law will be having its Orientation Night.

On Orientation Night, law students would gather on the auditorium and there will be speeches from the College Dean, the Librarian, some of the teachers, and they will inspire students and lay down the rules, do's and don'ts in the College of Law, specially to inform the first year students, and remind the upper class men.

When I was still in first year, I attended our Orientation and was really inspired when the honor students were called and awarded with medals. On three consecutive years that followed, I was among the be-medalled students who graced the stage on Orientation nights. =)

The new lawyers are also invited to the event. So, expect me to be there. =)

Free online consultation

Are you worried about the cost of consultation fees? Cecere Santana, PA might be the answer to your problem. You can ask your personal Miami Attorney if you have a case by simply sending them some information through their website. By simply supplying your name, telephone number, email address, and a brief description of your case, you can expect a free reply from the lawyers of Cecere Santana, PA based in Miami.

If you are also looking for a Miami Personal Injury Attorney or a Miami Property Litigation Attorney, just visit their website at helpfortheinjured.com and have a sneak view of what they can offer.

From Miami litigations, let's go back to this part of the globe. The IBP Davao City Chapter will be having a party tonight and all lawyers in this chapter are invited. Part of the program will be the induction of new lawyers and this will also serve as the victory party for our delegates on the cultural dance contest held last April during the national convention in Subic.

LRA FEES

Finally, the new website of the Land Registration Authority has uploaded the list of LRA Fees for property transfers.

Here's a snapshot of their webpage:

You can access the full lits of fees here.

UM New Lawyers

photo by ARLantion

Congratulations to the new lawyers from the University of Mindanao College of Law!

New Davao Lawyers

The IBP Davao City Chapter will hold a one day Orientation Program on June 3, 2011, at IBP Building, Hall of Justice, Ecoland Davao City.

After inquiring, I was able to know that this is going to be a whole day activity. The program will start from 8:00 A. M. until 5:00 P. M. I was informed by Ms. Cecil that they have invited speakers from various government offices, such as the NLRC, BIR, DOLE, SSS, Office of the Ombudsman, and SEC for the orientation. Information about the Mandatory Continuing Legal Education (MCLE) and the application for notarial commission shall also be tackled during the orientation.

For more information, please call the IBP Davao Chapter at 2960070.

What is the Neypes Rule?

Read the full text of Neypes vs. Court of Appeals here.

Land Registration Authority Online Tracking System

If you're asking why the Entry and Other Fees of the Registry of Deeds have gone up, it is because they are now fully computerized.

The Land Registration Authority has launched its new website equipped with an Online Tracking System. There is also a list of the IT Service Fees available in their website while the LRA Fees page is still under construction.

This is a very good move for the Land Registration Authority. Aside from the transparency of their fees, we can monitor our transactions with our local RDs without ever leaving our offices and homes. Before, the Registry of Deeds in Davao City would always be jam-packed with people who follow up their transactions. Now, you can simply log in and key in some information and you will get the status of your RD transactions.

The Registry of Deeds of Davao City has a new building and better system. I can see our taxes moving.

Top 10

No, I'm not talking about the top 10 passers of the 2010 Bar Examination. We all know that the place was flooded with barristers from Ateneo. I'm talking about Law School Funk ranking top 10 in the Legal category of Topblogs.com.ph

Here's the proof:

That's already an achievement for me and this blog. Only time will tell if this blog would continue being in top 10. But for now, I'm thankful for my followers and readers.

Thank you very much for patronizing this blog. (--,)

Oath Taking Ceremony

April 14, 2011, Philippine International Convention Center (PICC), Plenary Hall, Roxas Boulevard, Pasay City.

The 2011 Bar Exam passers gathered as early as 8:00 A. M. for the registration. Security was really tight. The same security procedures during the bar examinations. No electronic gadgets were allowed inside and you have to leave your cellphones and cameras outside with the security personnel. And there is another set of security procedures at the main entrance of the plenary hall.

Everybody is required to wear a toga during the oath taking ceremony. Wait, wear a toga all through out the ceremony. Had I known, I shouldn't have stressed  myself looking for the perfect oath taking outfit. Hahaha! As a cautionary measure, however, women should NOT wear a long gown. It would definitely look like a disaster under the toga. Minus the toga, however, the long gown would be perfect. But you'll be wearing a toga, so don't wear a long gown. Also, you'll be walking on the rough concrete from the PICC main entrance to the Plenary Hall. You don't want to mess your gown, right?

The oath taking ceremony is a special en banc session of the Supreme Court. It was my first (and maybe my last and only) time to see all of the justices of the Supreme Court. It started on time and I was thankful for that. Everything went smooth, proper and in order.

There was just this one minor inconsistency that I noticed: the Lawyer's Oath that I have memorized has been revised. Below is the exact copy of the Lawyer's Oath as inscribed at the back of our programme:

I, ______________________ of ___________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to its commission; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will not delay any man's cause for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this obligation voluntarily without any mental reservation or purpose of evasion. So help me God.

South Florida Lawyer

BRG Law Firm is a South Florida law firm with a passion for justice. BRG stands for Brill Rinaldi Garcia and this law firm represents clients with various litigation needs including but not limited to wrongful death, medical malpractice, and home health care insurance. BRG Law Firm currently has two offices located in Weston and Miami.

If you are looking for a South Florida attorney who would attend to your wage claims or injury claims, it is best to hire a lawyer who is directly involved with your case from inception to disposal and hands-on in every detail of the litigation.

As a young lawyer, I imagine about having my own law firm. I have been exposed to my father's law office since I graduated from high school. It has been my dream to become a lawyer and tomorrow will be the oath-taking ceremony of the new lawyers. After taking my oath, I shall be a full-pledged attorney.

How to pass the bar exam

I'm not sure if I have enough to say about this topic. First, the bar exam that I took last year was the last of its kind essay-type bar examination. Starting this year (2011), there will be major changes on the Philippine Bar Examination: multiple choice questions, the examination schedule is moved from September to November, among others. For a complete list of changes, please read the Supreme Court issuance Bar Matter 2265: Reforms on the Philippine Bar Examinations.

Below is a list of my daily routine during my six-month review. It might not work for you but it definitely worked for me. I formulated a "daily routine" to create a cycle that I could follow everyday. Having a routine means that I'd be subjected to less stress. Reviewing is grueling and stressful so it is best that you find ways to at least minimize stress and not add up to the already stressful environment.

Wake up at 5:00. Ok, I actually get up at 5:30 even though my alarm sets off at 5:00 A. M. I give myself extra time to think about what I'm going to do when I get up. The thirty-minute allowance allows me to plan  my day and it also gives me extra sleeping time. My "plan" does not involve what books to read or what books to study. I follow my review schedule and as much as possible, I do not deviate from the topics of my review classes.

Exercise. My exercise of choice is yoga for two reasons: I need it for my scoliosis and it helps me relax. Yoga relaxes me and it enhances my concentration. It is my exercise of choice specially on mornings when I feel too lazy to tie my shoe laces. It is also best in the morning when my energy level is still at its lowest. But even before I ventured on yoga, I was actually satisfied with jogging and a few stretches. You don't actually need a runnig map to do this. I sometimes jog on my dormitory's terrace and make full use of its the 15-meter stretch. Sometimes, when I'm brave enough to go out of the dormitory, I jog-walk-stroll to Malacanan Palace.

Eat a healthy breakfast. Your pre-bar review is definitely NOT the time for you to go on a diet. You should eat well-balanced meals. It is fortunate that I don't have to worry on what to eat for breakfast because my dormitory serves three full meals everyday (except Sundays and holidays). All I have to do is get ready for breakfast between 6:00 to 7:30 in the morning. In between my waking hour and 8:00 A. M., I am done with my exercise, breakfast, light laundry, shower, and had my daily dose of entertainment news. Breakfast and after-breakfast is also the best time for socializing, but not too much of it.

Read and read until you cannot read anymore. "Read and read until you cannot read anymore," was my professor's line during my undergraduate days. Those under Atty. Fabrero would recognize that line. I used to laugh at how masochistic it sounds but when I enrolled in law school, I realized that if you want to be a lawyer, you could survive by following that advice. During law school, I did not have the luxury of reading everything because I had an 8 to 5 job. But I compensated by reading on the jeepney (although I strongly don't recommend it!) on my way to work and from work on my way to school. 

In my review, I brought with me all the books that I used during my 4 years of law school, even the transcriptions. I'm not saying that I was able to read again all of these books during my review but I have made some significant references. Aside from my old books, I also used the review materials given us by the review center. Honestly, the review materials wouldn't be of much help if you did not study during your student days. I only photocopied and bought those that I could finish reading. During the review, a lot of review materials would appear from different sources: Ateneo, UP, San Beda, Baste, and a lot more. Sometimes, I really do feel the need to get a copy of all these review materials, thinking "What if the bar questions would come from these materials?" But, seriously, you need to restrain yourself from giving yourself much stress. Aside from the added expenses that you will incur in excessive review materials, you will only get frustrated if you're not able to read them. I had to remind myself several times that if I had the codal provisions, plus the correct understanding of these provisions and their interpretations, I won't go wrong.

Read and read until you cannot read anymore. My reading time is actually flexible as it is also my review class schedule. If there is no class for a certain day, I spend my time inside my room to read. Good lighting and proper ventilation is a must. You can also select the environment which suits you best. Some people prefer to study in the library where resources are close at hand and there's air conditioning. As for me, I easily get distracted with walking and standing people and I don't think the actual examination environment would be full of motion so I chose to stay in my room to study. If I have a class on that day, then  my "reading" time would then be changed to "listening" time. A reviewer once said that "You will know who among the reviewees come from the province: they are those who write everything that the lecturer says." Well, everybody laughed, including me, and it is somehow true. But it did not really intimidate me. If the lecturer says something that's new to my ears and write-worthy, then I would scribble it down my notebook.

My review class schedules could last until 6:00 P. M. or until 9:30 P.M. When there's still time after my class, I take time to read or review my notes. My reading time is heaviest between 8:00 A. M. to 12:00 noon and 2:00 P. M. to 5:00 P. M. I made sure that my brain is active during these times because this is the schedule of the actual bar examination.

During my time, as the examination is essay-type, I also took the time to practice my handwriting. I had two Parker fountain pens and practiced using them about three months before the examination. It was the first time that I used such kind of pen so I had an adjustment period. On all future examinations, three Sundays would involve shading and the last Sunday for memorandum writing. Be sure your penmanship is legible. Do not ignore your teacher's comments on your handwriting. If you're still a student and reading this now, take note of what your teacher is telling you as early as now. If you teacher says that you must improve your handwriting, then practice as early as now. Believe me, it takes time to change it so aside from reading your books, practice writing legibly.

Rest and take a break. You deserve to rest too. My resting time is from 12:00 noon to 2:00 P. M. You might think that it is a waste of time to rest. However, it is also a vital part of your review. It is an important factor in maintaining the health of your brain cells! Resting gives your brain the time to assimilate what you have read. During my lunch break, of course I eat my lunch. I sometimes do my chores but my day is never complete until I have taken my nap. This helps me a lot because by the time I wake up at 2:00 P. M., I feel energized and renewed. I am ready to go to the battle once again.

Sleep at 10:00. While everybody thinks that I sleep too early, I don't care. I sleep at 10:00 P. M. If you're doing this habit, you won't have a hard time sleeping the night before your examination. If your body clock says that you sleep at 10:00 P. M., then you will. A lot of people say that they were not able to sleep the night before their exams, and that's true, the pressure will sink in. I may not have topped for sleeping too early but I passed the bar. Hehe! But seriously, not getting enough sleep is risky and could pose a threat to health.

Preparation. Aside from studying, you also need to be prepared physically, emotionally, financially and spiritually. Do not neglect your body. Most of us who come from the province would be separated from our families and loved ones so you better be prepared for that, too. You should also learn to manage your finances, I have nothing much to say about this because I consider myself to have failed in this aspect. Haha! But most of all, don't forget that there is a Higher Being who would grant your heart's desire when you deserve it.

Call Center Nurses

The Philippines is the top nurse-producing country in the world, according to a study conducted by Worldwide HealthStaff Associates Ltd. True enough, when I was in college, the biggest department in terms of population is the School of Business and Governance. But it did not stay that way for long. When my school opened the College of Nursing for the first time, the pioneer enrollees almost surpassed the business students.

On the next semester, the school campus was instantly populated with a new set of uniform. Apart from the standard all-white blouse and skirt for women (the men did not have uniforms then), there is a new set of all-white uniforms for nursing students. And the male nursing students were also required to wear uniforms. These nursing students can be recognized easily because of their new uniforms and because of their number, you can see them all over the campus. Also, these nursing students have other different sets of uniform depending on their schedule. They sometimes wear nursing scrubs for their hospital duties.

Click image to enlarge. CHED Data on Enrollment by Discipline and Year

I know a lot of people who have joined the race and succeeded in getting the title "Registered Nurse." Some of them did not stop in just being an "RN" but they also took the qualifying NCLEX (National Council Licensure EXamination) to be able to legally practice as a nurse in the United States. It is not unusual that most registered nurses in the Philippines would choose to relocate to countries abroad. It is a fact that here in our country, it is difficult to look for nursing jobs. Registered nurses would have to pay the hospital in order for them to be accepted as volunteers. Our public hospitals need more nurses but our government cannot afford to pay higher rates. It is always better to have a job (and a high-paying one) than to be unemployed. I don't feel any remorse for those who exchanged their nursing scrubs with headsets.

But Philippines is not only number one in producing nurses. My country is also a proud top three outsourcing country in 2010. This explains why we have call center nurses. I know that sometimes, these nurses working on call centers are discriminated by fellow Filipinos. The call center industry in my country is really a big boost in the economy. I'd rather have call center nurses than jobless registered nurses. Jobs are scarce in this part of the globe. That's why in 2008, the Philippines was also fourth on the top countries which send legal immigrants to the United States. The Philippines was behind Mexico, India, and China. It is understandable that Mexico should be on the top list because of its proximity to the United States. India and China are the two biggest countries therefore you can expect some of their citizens on different parts of the globe. But considering the Philippines' size, I can dreadfully imagine that if all Filipinos were to go home to the Philippines, then our 7,100 islands would sink.

Oath-taking of new lawyers

A repost:

I will be going back to Manila this coming April 13 to attend the oath-taking of new lawyers. The oath-taking ceremony is scheduled on April 14, 2011 at the Philippine International Convention Center (PICC) at 10:00 AM.

I hope that the one day allowance to secure the clearance would be enough for me since I cannot leave Davao earlier due to my work commitments.

I quote lexjurat of phBar.org:

I called up OBC last Friday. Total cash out is P4,050, representing cost for oath-taking, certificate of admission to the Bar, clearance, IBP membership, etc. Schedule of Roll signing is on 'first come, first served' basis according to date you accomplished your clearance, though promdis are given priority to limit their expenses. We can begin processing our clearance tomorrow until April 13.

For those interested to know about the report of ratings, here's lexjurat's quick reply:

OBC will mail it. It's the reason for the envelope we had to submit along with our petition. For those interested to get their notebooks, the earliest date we could file the petition for it is June 2012, according to the OBC personnel I talked with last Friday.

2010 Bar Examination Results

Congratulations to the new lawyers!

2010 Bar Exam Results
1. ABAD, Charmee R .
2. ABADA, Merlin I .
3. ABARIENTOS, Ma. Theresa M .
4. ABBAS, JR., Yusoph M .
5. ABELLA, Charmian Maria F .
6. ABELLA, Sheena Marie R .
7. ABIERA-MONTESA, Rosalyn B .
8. ABING, Ramil P .
9. ABONG, Mark Julio U .
10. ABRAGAN, Martin Luke G .

SC: 2010 Bar exam results out Thursday - Nation - GMA News Online - Latest Philippine News

SC: 2010 Bar exam results out Thursday - Nation - GMA News Online - Latest Philippine News


Aren't you excited about this?

Waiting for results

It's the first day of March. Barristers all over the Philippines might already be feeling excited, thrilled, or all sorts of mixed emotions that would make your stomach sick. In a month's time, the September 2010 Philippine Bar Examination results will be released.

Rumor has it that it will be released on the last week of March or the first week of April March 15, 2011. Top law schools such as Ateneo de Manila, San Beda, and UP, are competing for the top spot. How about University of Mindanao College of Law? I guess it's about time that my school will have a topnotcher in the Bar Exam. Who knows? We'll find out in about four weeks time.

Bar Matter 2265: Reforms on the Philippine Bar Examinations

 Here's what everybody is talking about: the Bar Examinations with Multiple Choice Questions.

Bar Matter No. 2265

Safer Internet Dating

The Philippines may not have enough legislation about safer internet dating. In 1990, Republic Act 6955 was enacted by the Philippine Congress. However, during this time, there was still no internet, thus, no internet dating. What was rampant (if "rampant" is the proper term) is the proliferation of "pen-pals."

RA 6955: AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO FOREIGN NATIONALS ON A MAIL ORDER BASIS AND OTHER SIMILAR PRACTICES, INCLUDING THE ADVERTISEMENT, PUBLICATION, PRINTING OR DISTRIBUTION OF BROCHURES, FLIERS AND OTHER PROPAGANDA MATERIALS IN FURTHERANCE THEREOF AND PROVIDING PENALTY THEREFORE.

The foregoing legislation has prohibited mail order brides. This may cover internet or online dating but such legislation is apparently outdated.

States like New Jersey and New York have passed legislations about internet dating. New Jersey's Internet Dating Safety Act requires these internet dating service providers to pay membership fees so that they can conduct background checks (including criminal history) and provide information and notification to its members about the risks of internet dating. Both New Jersey and New York laws have mandated internet dating service providers to provide minimum safety awareness notification designed to increase awareness of safer dating practices in a clear and conspicuous manner.

Are these statutes enough to protect both men and women from possible exploitation and fraud? Well, it takes a lot of risks. However, there are tools that you can use such as websites like consumer-rankings which provide product ratings and reviews, including best dating sites.Want to know how they do it? Perfectmatch.com reviews is an example. 

San Beda Pre-Bar Review 2011

Hello lawstudents! I'm back with good information. For those asking about San Beda's pre-bar review for 2011, here's the link to their website.

• Review classes will start on April 11, 2011.
• Enrollment is already ongoing.
• Registration fee is P15,000.00 inclusive of review materials, case digest, and use of their library. Red Notes NOT included.
• 2011 MOCK BAR EXAM on August 8,9,10,11,12. I don't know if the registration fee covers the cost of the Mock Bar Exam. Last year, we did not have mock bar in San Beda.

Note: It has been announced and on the news that the Bar Examinations will be moved from September to November. I am not sure if the review schools will be adjusting their review classes to fill the two-month void due to the changes in the schedule of the Bar Examinations. There's also a new venue: University of Sto. Tomas (UST). 

Just watch out for rain 'cause UST is flood-prone.

Hello 2011

Happy New Year! It's 2011 and I'm kind of behind from posting in my blog. Anyway, I'll be updating soon so just keep posted.