Sunday, October 5, 2014

Excerpt Quotes from Philippine Jurisprudence





“If the two eventually fell in love, despite the disparity in their ages and academic levels, this only lends substance to the truism that the heart has reasons of its own which reason does not know.”
(Chua Qua vs. Clave, G.R. No. 45949, August 30, 1990)


“….there can be no love where respect is gone.”
(People vs. Rivera, G.R. No. 130607.  November 17, 1999)


“… sorrow is sometimes a touchstone of love.”
(Libi vs. IAC, G.R. No. 70890. September 18, 1992.]


“… love is not a license for lust.” 
(People vs. Olesco, G.R. No. 174861, April 11, 2011)


 “Love happens to everyone. It is dubbed to be boundless as it goes beyond the expectations people tagged with it. In love, “age does matter.” People love in order to be secure that one will share his/her life with another and that he/she will not die alone. Individuals who are in love had the power to let love grow or let love die – it is a choice one had to face when love is not the love he/she expected.” (Padilla-Rumbaua v. Rumbaua, G.R. No. 166738, August 14, 2009)



“Every man has a right to build, keep and be favored with a good name.”
(Brillante vs. CA, G.R. No. 118757 and 121571, October 19, 2004)

“Liberty is a right that inheres in every one of us as a member of the human family. When a person is deprived of his right, all of us are diminished and debased for liberty is total and indivisible.”
(Ordonez v. Director of Prisons, G.R. No. 115576, August 4 1994)

 One unavoidable consequence of everyone having the freedom to choose is that others may make different choices – choices we would not make for ourselves, choices we may disapprove of, even choices that may shock or offend or anger us.  However, choices are not to be legally prohibited merely because they are different, and the right to disagree and debate about important questions of public policy is a core value protected by our Bill of Rights.  Indeed, our democracy is built on genuine recognition of, and respect for, diversity and difference in opinion. “
(ANG LADLAD LGBT Party vs. COMELEC, G.R. No. 190582. April 8, 2010)


 “…… man stands accountable to an authority higher than the State.” (Estrada vs Escritor, A.M. No. P-02-1651.  August 4, 2003)


“….the real essence of justice does not emanate from quibblings over patchwork legal technicality.  It proceeds from the spirit's gut consciousness of the dynamic role of law as a brick in the ultimate development of the social edifice."
 (Obosa vs. People of the Philippines, G.R. No. 114350.  January 16, 1997.)


“The Court, like all well-meaning persons, has no desire to dash romantic fancies, yet in the exercise of its duty, is all too willing when necessary to raise the wall that tears Pyramus and Thisbe asunder.(Concerned Employee vs. Glenda Espiritu Mayor, AM No. P-02-1564, 23, November 2004)




 “The nuptial vows which solemnly intone the matrimonial promise of love ‘(f)or better or for worse, for richer or for poorer, in sickness and in health, till death do us part,’ are sometimes easier said than done, for many a marital union figuratively ends on the reefs of matrimonial shoals.
(People of the Philippines vs. Ruben Takbobo, GR No. 102984, 30 June 1993)


The silence often of pure innocence persuades when speaking fails. (People of the Phil. vs. Romy L. Fallones, G.R. No. 190341, March 16, 2011)


“Citizenship is a treasured right conferred on those whom the state believes are deserving of the privilege.  It is a “precious heritage, as well as an inestimable acquisition,” that cannot be taken lightly by anyone - either by those who enjoy it or by those who dispute it.” (Tecson vs. COMELEC, G.R. No. 161434.  March 3, 2004).


The autonomy and importance of family should not be privileged over the privacy and autonomy of a person. Marriage is not bondage that subordinates the humanity of each spouse. No person should be deemed to concede her or his privacy rights and autonomy upon getting married.”
(Imbong vs. Ochoa, G.R. No. 204819,    April 8, 2014)


Law has also been defined as “something men create in their best moments to protect themselves in their worst moments.”  Even then, laws are subject to amendment or repeal just as judicial pronouncements are subject to modification and reversal to better reflect the public morals of a society at a given time.  After all, “the life of the law... has been experience….”
(Estrada vs Escritor, A.M. No. P-02-1651.  August 4, 2003)







Friday, July 18, 2014

The Value of Time



I was looking for a relevant jurisprudence about TIME when I was lead to a separate dissenting opinion, which reminds me that time gone will never come back, just like love ones who left and will never be with us again because of death or someone who left because of choice of different journey with us.  They may be gone but we are still having our time for our own journey to continue and make the most out of it.  An excerpt from said opinion:


“… The world in which people live has two great dimensions: the dimension of space and the dimension of time. Nobody can say that the difference in time between two acts or events makes for a superficial difference. Such difference is the substance of human existence.  As the Bible says:

There is an appointed time for everything and
A time for every affair under the heavens.

A time to be born, and a time to die;
A time to plant, and a time to uproot the plant.
A time to kill, and a time to heal;
A time to tear down, and a time to build.
A time to weep, and a time to laugh;
A time to mourn, and a time to dance;
A time to scatter stones, and 
A time to gather them;

A time to embrace, and a time to be far from  embraces.
A time to seek, and a time to lose;
A time to keep, and a time to cast away;
A time to rend, and a time to sew;
A time to be silent and a time to speak.
A time to love, and a time to hate;
A time of war, and a time of peace.
(Ecclesiastes 3:1-8, New American Bible)


Recognizing the irreversibility of time is indispensable to every sound decision that people make in their lives everyday, like not combing the hair that is no longer there. In time, parents let their married children leave to make their own homes. Also, when a loved one passes away, he who is left must know that he cannot bring back the time that is gone. He is wise to move on with his life after some period of mourningTo deny the truth that the difference in time makes for substantial difference in human lives is to deny the idea of transition from growth to decay, from life to death, and from relevant to irrelevant.

(Separate Dissenting Opinion of J. Abad, G.R. No. 192935 and G.R. No. 193036, December 7, 2010)



*Underscoring is mine.


Sunday, May 12, 2013

My Daily Schedule for the Bar



“…..What I do today is important because I am exchanging a day of my life for it. 

When tomorrow comes this day will be gone forever, but I shall hold something which I have traded for it. 

It may be no more than a memory, but if it is a worthy one I shall not regret the price. “-- A New Day by Dr. Heartsill Wilson

In my seven months preparation for the Bar, I followed the standard schedule as suggested from Bar Review Methods and Techniques books and had at least 8 hours sleep a day:

5:30 am                   -           Wake-up time
5:30am - 6:00am    -           Daily devotion and exercise
6:01am - 7:00am    -           Bath time and personal hygiene
7:00am – 7:30am    -           Breakfast
7:30am - 8:00am    -           Preparing for the reading/study/review /practice answering MCQs/Bar questions
8:00am-9:30am      -           Reading/study/review
9:30am-10:15am    -           Break
10:16am-11:30am  -           Review/Study/Reading
11:30am -12:45pm -           Lunch Break
12:45pm -2:45pm   -           Review/Study/Reading
2:45am – 3:00pm    -           Break
3:16pm - 6:30pm    -           Reading
6:30pm – 7:30pm    -          Dinner and personal hygiene
7:30pm – 9:30pm    -          Reading
9:31pm-                    -         Devotion and Sleeping time

During Saturdays and Sundays, the time allotted for reading was devoted in attending lectures and some recreation or entertainment activities.:)  Happy reading!=)=)=)

N.B.
I stayed in the university dormitory where I was enrolled for the Pre-Bar review so no need for the travel time allocation.







Tuesday, April 30, 2013

My Bar Planner




In March 2011, I finally decided that I am going to take the Bar in November so I planned my life, my study schedule for the next 8 months to cover the eight bar subjects:

Political Law
Labor Law
Civil law
Taxation
Commercial law
Criminal law
Remedial law
Legal Ethics

and in my time, writing Legal Opinion and Legal Memorandum were also included and would cover 40% of the Bar grade.

Beginning 2011, the High Court already issued bar exams syllabus that limits the scope of the Bar examination in each subject.  Given the coverage and the limited time, preparing the study plan is a must with goal set to finish the syllabus with comprehension.  I took into consideration the schedule of the Pre-bar review lectures so that it would be synchronized with my “game plan”.  I attended the lectures so as to confirm my understanding of what I have read.  I also participated in the mock bar administered by the university to check what I have learned.

So I started my Pre-bar review on April 8.  (8 being a lucky number in Feng Shui.  I had to distribute the 204 days left from the pre-week days:

Date
Subject
Duration
First Reading (Codal and Books Annotation)
April 8-April 28
Remedial Law
20 days
April 29- May 1
Legal Ethics
3 days
May 2- May 29
Commercial Law
27 days
May 30 –June 12
Criminal Law
14 days
13 June – July 3
Civil law
20 days
July 4-July 17
Taxation
13 days
July 18-July 24
Labor Law
6 days
July 25 – August 14
Political law
20 days
Second Reading (Codal Provisions and Memory Aid)
August 15- August 30
Remedial Law
15 days
August 31- September 19
Civil Law
20 days
September 20- October 4
Commercial Law
15 days
October 5- October 14
Criminal Law
10 days
October 15-16
Legal Ethics
2 days
October 17- October 21
Taxation Law
5 days
October 21-October 27
Political Law
7 days
October 28 – October 30
Labor Laws
3 days

Above schedule was inclusive of mock bar, MCQ exercises (simulated bar under time pressure) and of course, engaging to some personal errands and needs.  This was never been an overnight planning.  It also subjected to several adjustments.

My pre-week was devoted reviewing for notes during the pre-bar and Pre-Week notes given by the university, accompanied with Codal.

On Bar exam day proper, no more notes and no more reading but a complete submission to Above of my bar preparation. My Game Plan is over. Its now the execution of what I have planned eight months ago… This was my “Game Plan” in my pursuit to the Bar.=) 




 


Wednesday, August 22, 2012

My Journey To BAR







March 26, 2012, Manila, Philippines



My journey to the legal profession started when I entered law school.  Law school is a very jealous boyfriend or first husband (pardon with the gender common name.  I remember my first Professor who described law school as such.  He said that entering law school with ultimate goal of becoming a lawyer is like a long engagement and your oath taking as a lawyer is your marriage to the profession) or It requires your 101% focus, loyalty, commitment, time management and discipline to study the law.  As mentored by professors and those reviewing for the bar then, as early as first year, you should be trained to read 50-100 pages a day. Why? You need to read as many as 50-100 cases per meeting (Lucky enough, the longest case I read was around 20-40 pages? Not sure, but definitely, not 400-1000 page in one case) and you also need to read the codal and explanation of the law authorities in various law books. Why you need to read those cases, codals and law books?  You need to prepare for recitation every meeting.  You should be able to answer each questions by the Professor with legal basis in order to pass more or less 50% of the passing grade.  The other 50% will be coming from major examinations (verbal or written).

Law school is another 4-year/5-year course, plus one year of review and more or less 6 months waiting period for the release.  After all the years of studying the law, labor, sacrifices, hardships, heartaches and tears, I can say, its all worth it. My journey to the bar was never been easy.  It was really like a camel passing through the eye of a needle.  I am thankful I always had my father’s[1] back who pushed me hard to study and never stop believing in me that one day I would finally fulfill my dream to be a lawyer.

The most important lesson I learned in my journey to the Bar was that we might have failed at times but maybe those were only “delayed victory” because God wanted it in His own perfect time. Keep the faith in Him and trust no other but God.  When my grades were handed to me and saw them, I cannot really believe the grades I got. The Lord is really Great! He let me not just passed the bar but almost and nearly had topped it! 

To all who were been part of this journey (be it good ones or not so good ones), my forever gratefulness.  To God, belongs all the Glory!

(Whatever you prayed for, believe and it will be given to you, Matthew 21:22)




[1] My dear father died 4 months after I passed the Bar. Today his 40th day in Heaven