Ateneo Law @ 75

I can’t help but be nostalgic from the hype of the Ateneo Law School’s 75th Anniversary. My years in law school is perhaps among the most memorable time of my life.

From it’s previous Padre Faura, Manila and H.V. Dela Costa Makati locations, the law school moved to its present site in Rockwell, Makati.

Photo taken from the Makati-Mandaluyong bridge. The Rockwell skyline has dramatically changed with the construction of towering new condos.

“The Titanic”

The Library

“The Guru of Destabilization” himself: Fr. Joaquin G. Bernas, S.J.

He was more than a Dean to us. He was a father, grandfather and friend to all.

But he can be a terror(ist) in class. I was never under his classes because I was enrolled in the afternoon/evening class. I often visited him in his office when there’s a new camera gadget or Apple product released. I also drop by to share with him photos I took during various school activities.

Rededication of the Justitia Hall. This is where we had our moot court or practice court class. In this photo are notable alumni being introduced by Dean Cesar L. Villanueva.

Law school will never be as memorable without my brods. The Gentlemen of the Fraternal Order of Utopia live by the codes of service, sacrifice and excellence.

The first Sunday morning of the 2005 Bar Exams. We were billeted at the Manila Diamond Hotel. In this photo we were having a buffet breakfast while reading the Ateneo “Blue Tips” ang the Utopia tips. Every single one of us was conditioned to to top the bar. We didn’t make it to the top 10. We all settled for number 11.

Utopia Bar Operations

CIHM: Session Road with Tuesday Vargas

Tuesday: “Coach, pak yu and that last 3k!”

Tuesday Vargas
Bib No.: 325
Rank: 156
Time: 2:38:16

Coy Placido – Lead Guitar, Session Road
Bib No.: 324
Rank: 61
Time: 2:12:48

Hannah Romawac-Olives – Vocals/Guitar, Session Road
Bib No. 16
Rank: 148
Time: 2:36:59

Sunday Bloody Sunday

It was the last Sunday of the 2010 Bar Exams. A portion of Taft Avenue in Manila was closed to traffic for well wishers, family, friends, fraternity and sorrority members for the annual “Salubong.”

I could hardly hold my camera up to compose a decent shot. I just held the camera up and clicked away. A few minutes after we heard and felt a loud explosion from the middle of the crowd. I was actually on my way to the spot where the explosion happened.

Then there was chaos. People started running away from the blast. First people said that there was someone who threw a pillbox at the UP or San Beda crowd. In a matter of seconds innocent people got hurt by the perpetrators of this ghastly deed. Those injured were rushed to the nearest hospital.

Police were quick to act this time. They immediately secured the area around the crime scene. The bomb squad were deployed a few minutes after the incident.

This was a sad day for the legal community.

Law school is a professional school. Law students should think and act like professionals.

Fraternities, sororities and organizations in law school should promote academic excellence and service rather than mindless violence and a brazen disrespect for human life. It’s time for these people to be accountable and responsible for their actions.

There should be an end to this immaturity.

A Series of Unfortunate Events

It feels good to be home.

I just came back from a trip down in Cebu for work. I flew in last Tuesday morning evading typhoon Basyang which was on her way to Metro Manila/Northern Luzon.

From my room window, you can see the weather in Cebu was not so hot and humid. It was cloudy and breezy. Apart from the occasional short showers, the weather was just right.

But the weather was the least of my concerns.

I had very limited time to accomplish what I had to do since I would be checking out and flying back to Manila the next day.

I had to rebook my flight for the next morning and rush my work.

Come the time to fly back, which was very early in the morning, the plane won’t fly because of a baggage compartment issue.

We got stuck in the airport for an hour before leaving!

But if there were a few consolations. I got to try out two new restaurants in Cebu I.T. Park.

I. Mooon Mexican Inspired Cafe

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The Bar.  Very nice Sun-Moon Painting.

Mooon’s Mexican Baby Back Ribs

II. Roma Mia – Italian

Nice interiors but they have to do something about the mosquitoes in the dark corners.

Spicy Italian Sausage Pasta

Waiver of Liability not Accountability

I write this entry in reaction to the tragic events after the 34th National Milo Marathon Eliminations in Manila and the Energizer Run in Cebu.

In the Milo Elims runners have died after suffering from different causes, i.e. heatstroke, dehydration, cardiac arrest, etc. (Read about one of the Milo Runner’s death as told by his father here). After the Energizer run, a 19 year old boy died in the ER after smashing the hospital’s glass doors (Energizer Story here). Though the injuries and/or deaths happened after the races are the race organizers absolutely free from any accountability or legal liability? One might ask, are they protected by the Waiver that runners sign when we register for their races?

Here is my feeble attempt to answer these queries.

A Waiver of Liability is a form used by race organizers to protect them from being legally responsible for injuries sustained as a result of their event. Waivers of Liability work under the premise of  assumption of risk. In other words, by signing it, runners declare that they understand the potential for injury (or even death) by joining the race and intentionally and voluntarily give up their right to take legal action to recover damages in case they are injured.

However, this protection in favor of race organizers is not absolute. It is not meant to protect them if they are grossly negligent or reckless in the conduct of races. For example, if a runner is injured as a result of poorly maintained traffic or an improperly assembled start/finish arc.

Also, as a general rule, rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.

Running is a potentially hazardous activity. By participating in a race, one assumes risks of serious injury or death from various causes such as falls, over exertion, dehydration, contact with other participants, spectators or road users. Waivers are only enforceable if properly worded in compliance with the law and when it can be proven that an injured participant truly understood the risks involved in running.

Granting that the organizers are free from legal liabilty, they are still morally accountable and responsible for the participants. Such accountability goes beyond financial support and dole outs. A simple acknowledgment of the responsibility in some way to comfort and console the injured party would be enough for a decent person.

Let’s pray that these incidents don’t happen again. It may be convenient to claim that they are fortuitous events, force majeure and “acts of God” but the fact remains, there should be people who are responsible and accountable.

Greenfield City Sunset Run 2010

I ran this race last year and I know the trip down south is really worth it!

This time the organizers made the race more interesting by making it a sunset run.

Anyone for an overnighter in Tagaytay?

Happy Easter Bar Reviewees and TBR Marathoners

Happy Easter!

By this time, bar candidates should have started reviewing for the 2010 Bar Exams set on September. Time is not a luxury considering the volume of reading materials. Dean Villanueva of the Ateneo School of Law says that to pass the bar exams you have to read all your materials at least three (3) times. Believe it or not, I read all my materials five (5) times!

Assuming examinees start reviewing on March 5, they have a total of 149 days until the pre-week review begins.

April = 26 Days
May = 31 Days
June = 30 Days
July = 31 Days
August = 31 Days

Reading List

Here are the reading materials I used during my bar review. I suggest, however, that the examinees prepare a reading list and schedule that would fit their preferences.

Political Law and International Law
Bernas Primer
Nachura Reviewer

Labor Law
Azucena, Everyone’s Labor Code
Alcantara, Labor Law Reviewer

Civil Law
Jurado, Civil Law Reviewer
Sta. Maria, Persons and Family
Balane, Jottings in Succession + my Succession reviewer
The Civil Code

Tax
Mamalateo
Co-Untian, Q & A
(Our bar exams did not cover Income Taxation)

Mercantile Law
Villanueva, Commercial Law Reviewer
Perez, Quizzers (Corporation Law, Negotiable Instruments, Insurance, Transportation)
Sundiang-Aquino, Other Commercial Laws

Criminal Law
Reyes, Books 1 and 2
Sandoval Reviewer
Ortega Notes
Boado, Dangerous Drugs part and Special Penal Laws

Remedial Law
Feria-Noche, Civil Procedure + my notes/reviewer
Regalado, Remedial Law Compendium Book 2
Supreme Court Benchbook
Rules of Court

Legal Ethics
Agpalo, Legal Ethics
Reviewers
Code of Professional Responsibility
Canons of Judicial Ethics
Sample Forms

Groundhog Day

I prepared a study schedule and tried my best to follow it religiously. I admit that it was not perfect. Nor was the execution close. The important thing at that time was to finish reading and hope it sticks. Notice that I included frequent breaks and a gym/run session to balance the physical and mental preparation. I firmly believe that a sound mind begins with a sound body. Let me share the usual routine:

6am – Wake up, Gym/Run

7am – Breakfast

8am – First Subject

10am – Break

10:15am – Resume First Subject

12nn – 1pm Lunch

1pm – Second Subject

3pm – Break

3:15pm -Resume Second Subject

5pm – Mass/Chapel Service

6pm -Dinner

News

8pm – Rest

8:30pm – Fix materials for next day.

Read backlog for the day (if any).

9:30pm – Lights Out

TBR Dream Marathoners

48 days to go until the TBR Dream Marathon in Nuvali. Have you logged enough mileage? How were your long runs?

Remember, it’s all in the mind! Claim the finish! Whatever happens on marathon day, the journey is the destination. Enjoy every stride of the way.

Good luck!

Dead Meat

“Every morning in Africa, a gazelle wakes up. It knows it must outrun the fastest lion or it will be killed. Every morning in Africa, a lion wakes up. It knows it must run faster than the slowest gazelle, or it will starve. It doesn’t matter whether you’re a lion or gazelle – when the sun comes up, you’d better be running.”- Unknown

I used this running quote to motivate our students who are about to take the bar this year.

I forgot to tell them the other lesson of the story:

If they don’t run, they’re dead meat.

If they don’t start studying or fail to follow their study plans religiously, they end up as just another statistic.

(Photo taken in Kenya by Ella Marie E. Martelino)

The PCU Law Pre-Bar and Pre-Week Review Lecture Series 2010 starts on April 15, 2010.

Call (02) 5265109 for inquiries.

2009 Bar Exam Results Out

Congratulations to the new Utopian lawyers!

Attorneys GB Barroa, Darren De Jesus, Imer Templora, Lyle Pasco, Aris Manguera TJ Rocamora. Paolo Abarquez, Garri Calabio, Joseph Banguis, Raffy Del Rosario, Richard Cruz, Elliot Mondez, Job Gesmundo, Alex Ner, Ipe Closa, Lean Abarquez, Ting Dayao, James Villanueva, Jur Baddiri, Vic Ong, Deo Bautista, Bryan Mallillin and EJ Labro.

Mabuhay kayo brods!

Utopia Fight!

Click on the link for a full list of the results.

The anxious crowd waited until 10pm for the results.

Justice Antonio B. Nachura, announces the top ten. The list of successful examinees were flashed in 3 projection screens.

“You…you complete me.” – MCLE

For those who have not yet completed their MCLE units for the the third compliance period and think that they still lack credit units, here is a list of the required subjects and units.

2005 Lawyers Admitted

Substantive Law                      6 units

Prescribed Subjects (any)     4 units

Legal Ethics                              4 units

Alternative Dispute Resolution      3 units

Legal Writing and Oral Advocacy   3 units

Trial and Pre-Trial Skills         3 units

International Law                      1 unit

For 2nd Compliance           24 units

2006 Lawyers Admitted

Alternative Dispute Resolution      5 units

Legal Ethics                              2 units

Prescribed Subjects (any)     3 units

Trial and Pre-Trial Skills         4 units

For 2nd Compliance     14 units

2008 Lawyers Admitted

Substantive Law                      6 units

Prescribed Subjects (any)     4 units

Legal Ethics                              4 units

Alternative Dispute Resolution      3 units

Legal Writing and Oral Advocacy   3 units

Trial and Pre-Trial Skills         3 units

International Law                      1 unit

For 3rd Compliance           24 units

2009 Lawyers Admitted

Prescribed Subjects (any)      3 units

Legal Ethics                               2 units

Alternative Dispute Resolution     4 units

Trial and Pre-Trial Skills          3 units

For 3rd Compliance             12 units

Old Lawyers and 3rd Compliance

Substantive Law                      9 units

Prescribed Subjects (any)     6 units

Legal Ethics                              6 units

Alternative Dispute Resolution      5 units

Legal Writing and Oral Advocacy   4 units

Trial and Pre-Trial Skills         4 units

International Law                      2 unit

36 units

2005 – 24 units for 2nd compliance

– 36 units for 3rd compliance

2006 – 14 units for 2nd compliance

– 36 units for 3rd compliance

2007 – 36 units for 3rd compliance

2008 – 24 units for 3rd compliance

2009 – 12 units for 3rd compliance

NOTE: The PCU College of Law and Utopia MCLE Lecture Series is still accepting participants.

For the schedule of the lectures click here.

For inquiries call Lolit at 5265109.

Atty. Ignacio Sapalo talks about Trademarks, Intellectual Property Law

PCU Law Dean Rod Celicious on Legal Ethics

Atty. Arturo De Castro on Alternative Dispute Resolution