One Year Into Lawyering: How Has It Been?

Enlightening!

It is almost a year from the time that I signed the roll, and so far, the journey has been great! Stressful, but great!

Being a lawyer opens a lot of opportunities. One who has just passed the bar does not have to worry about getting a source of livelihood. Yes, the COVID-19 pandemic has affected most of us, and people have been laid off here and there. But thankfully, for a lawyer, he has a lot of options available in both public and private sectors.

After I passed the bar, I was fortunate enough to be allowed to work as an in-house lawyer for an energy company, and then as an associate in a private law firm. It sounds awesome at first glance, and I still think it is and I remain to be very thankful for that, but just as any other jobs, it has a lot of stressors and challenges.

The core thing that I can think of insofar as lawyering is concerned is that we are problem solvers. We take facts, untangle the same, note the issue, and provide a viable solution. It is not linear, and it is certainly not exact science, but that is what makes it more fascinating — it allows your mind to be creative, think outside the box, and pursue a good solution to solve it.

At the same time, I think that this is what makes lawyering stressful. You have to absorb the worries of your client and put a stop to it. Like a sponge, you must be able to take in your clients’ troubles, and carry it all yourself. For one who is emotionally understanding, you have to brace and prepare yourself to feel the same predicament that your client is experiencing. That is how I came into a realization that if you are the type of lawyer who cannot separate his feelings away from his job, you must learn how to handle it so that it will not affect your work output. Lawyering is doable even if you are not stoic.

And you have to stay on top of all your deadlines and assignments. It pays to be organized.

But the beauty about it is that this is what makes lawyering so noble. You help a person by taking away his fears. You let him sleep peacefully at night while you burn the midnight oil and work on a solution. That way, when that person wakes up in the morning, you can greet him with a warm welcome and a feasible workaround for his problem.

Lawschool certainly helped a lot. The qualities which you have gained in lawschool — perseverance, bravery, and grace under pressure — you will find them of use in law practice. I also think that this is where working students may also shine, as you may already have an innate ability to juggle several things at once.

That said, it’s not certainly a walk in the park. You will experience stress and hardship. You will experience downfall and self-doubt. Losing and rejection are norms in this field. But just like in life, you just try to learn from it and move on. Life rewards consistency. Life rewards those who persevere.

Also, a new lawyer must learn to communicate well, adapt to the surroundings, and be able to talk to a lot of people in in a courteous-yet-pressing manner. And that may be difficult for one who is inherently an introvert and is used to facing a computer rather than a human. But all the same, it has to be done.

You also have that kind of feeling that there are so much more that you need to learn, and that’s fine. Being passionate in learning works wonders. It teaches you to be humble, to admit your mistakes, to see the greatness in something so simple. It keeps your mind open, and it allows you to expand your horizons to places which you have never imagined.

A lot of things are happening in real practice — things which were not discussed in lawschool or were not tackled in your books. You must prepare yourself for it. There’s more to law practice than the theories and concepts which were taught by the professors.

That said, no matter how arbitrary lawyering may be in some instances, you must remain steadfast to the path of righteousness. You have to use it for good, even if you are in the private sector.

Brotherhood/sisterhood is innate in our profession. Your fellow lawyers will certainly try to help and guide you especially in court, even if they are counseling for the opposing party. After all, everyone was a beginner at some point.

You still feel that type of kaba that you get when you are about to attend a recitation, but this time, you have learned to embrace it.

I am blessed to be given the chance to work under great mentors. And I hope that it will be the same for the rest of my years in practice.

And that is why I used the word enlightening. One year into practice and you learn a lot of things which you have never imagined before. And you still keep on learning. Surprises come in your way, whether good or bad, and you are prepared for it. In practice, you must be brave, not lose yourself in the process, and keep your humanity whole and intact.

Lawyering is beautiful.

Sidenote: One of my worry was that I have to leave tech field, which I learned to love, upon transitioning to legal field. I did not let that happen. It’s fun, juggling law and tech at the same time.

Essay: My Thoughts on Death Penalty in the Philippines

We all condemn criminal acts. Kaya nga andyan ang criminal laws natin in the first place. Iyung concept na there is a corresponding punishment for every wrongful act that we did has been ingrained in our mind and culture simula pa pagkabata.

But in my opinion, death penalty, especially given the current times, is not proper.

1. The technicalities that come along with corporal punishment are so prone to abuse and prejudice. Andyan ung natataniman ng evidence. Andyan ung possibility ng corruption of the officers to make them fabricate it. Andyan ung possible neglect of the defense counsel or nababayaran ang judge, hence, being anti-poor.

2. In courts, material truth will always prevail over actual truth. Kung talagang inosente ka, but all pieces of evidence point against you, and such pieces of evidence reach the quantum required for your conviction, ma-co-convict ka pa din. Saklap diba?

3. It is my belief that imposing death penalty will not deter the public from doing criminal acts, although I accept that this is arguable.

4. Putting people behind bars, instead of killing them, might give them time to make them realise what they have done. They can reform themselves to be, at least, a good member of the society kahit na nakakulong. We must lean more on rehabilitation rather than retribution. Look at the European countries and learn from their justice system vis-a-vis low crime rates.

5. It’s not the proper time. Given ang mga mishaps ng 2020, it’s not the proper time for the Congress to discuss it.

Do not get me wrong. Galit ako sa mga totoong kriminal, and I still think that they should be punished. I also support every plight of the victims and their families who suffered because of the offender’s criminal acts. If I were a family member ng pinatay or na-rape, I’d feel anger/rage as well. I am also trying very hard to put my trust in the system that is in place. Marami pa ding honest public officers out there.

However, if we are to still reiimplement death penalty, there is a chance that an innocent person might be subjected to such penalty just because all pieces of evidence point to him. We’d rather risk letting a guilty person run free rather than imprisoning and killing an innocent person (but syempre, we’d rather avoid both). Ikulong mo na lang.

But sige. If ibabalik natin ang death penalty, we might as well impose itong penalty na ito sa mga public officers who are found to be guilty of graft and corruption/plunder. In addition, impose na rin natin ito sa mga public officers who are abusing their powers for their personal gains, like those who are taking advantage of this COVID situation para maka-kurakot or maka-legislate ng tyrannic laws.

Civil Law: Compensation, as a Mode of Extinguishing an Obligation

Notes on Compensation as a Mode of Extinguishing an Obligation

Compensation is a mode of extinguishing to the concurrent amounts the obligations of persons who, in their own right and as principals, are reciprocally creditors and debtors of each other (PNB v. Uy). It may be legal, conventional, or judicial.

Requisite of Legal Compensation (Art. 1279, Civil Code):
1. Parties must be creditors and debtors of each other in their own right.
2. The parties must be bound principally.
3. Both debts consist in sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality, if the latter has been stated.
4. Both debts must be due, liquidated, and demandable.
5. Over neither of them there be any retention or controversy, commenced by third persons, and communicated in due time to the debtor.

Notes:
1. Legal compensation takes place by operation of law.
2. Taxes cannot be subject to compensation for the simple reason that the government and the taxpayer are not creditors and debtors of each other (Caltex v. COA).
3. Bank debts and ordinary bank deposits may be a subject of compensation. Ordinary bank deposits are xxx really loans because they earn interest. The relationship then between a depositor and a bank is one of creditor and debtor. Thus, legal compensation may take place (Associated Bank v. Tan).

Effect of Assignment of Credit (Article 1285, Civil Code).
1. If assignment is made after the legal compensation took place: Obligation is extinguished.
2. If assignment is made before the legal compensation:
2.a. If the assignment is made with debtor’s consent: Debtor can no longer set up against the assignee/third person creditor the compensation, unless the debtor reserves his right to compensation.
2.b. If the assignment is made with debtor’s knowledge but without his consent: Debtor may set up the compensation of debts existing previous to assignment, but not of subsequent ones.
2.c. If the assignment is made without the knowledge of the debtor: Debtor may set up the compensation of all credits, whether prior to or after the assignment, until he had knowledge of the assignment.

Notes:
In assignment of credit, consent of the debtor is not required. Mere notice to him is sufficient. (Rodriguez v CA).

Civil Law: Special Forms of Payment

Special Forms of Payment

Article 1231 of the Civil Code provides that obligations are extinguished by payment or performance. Furthermore, Arts. 1252-1261 of the Civil Code provides the special forms of payment.

The table below shows the differences between the special forms of payment as to the necessity for the consent of the creditor, the transfer of the ownership, and the extent of the extinguishment of the obligation.

	Dation in Payment	Application of Payments	Payment by Cession	Tender of Payment + Consignation
Is consent of creditor necessary?	Yes.  Since the law on Sales shall govern this transaction, the creditor has to accept it.	GR:  Not necessarily.  The debtor can designate which debt should the payment apply.   XPN:  Creditor may make such application when: a) Debtor fails to specify the application; b) Creditor expresses such application; c) Debtor accepts such application.	Yes.  Creditors have to accept the properties for them to sell it.	Not necessarily.  There are two ways of extinguishment through consignation: 1) when the creditor accepts; 2) court determines the consignation proper (here, there is no consent from the creditor).
When the thing is delivered from the debtor to creditor, is there a transfer of ownership to the creditor?	Yes.  Otherwise, it may be another type of transaction such as mortgage/pledge.	Yes.  The only question is as to which debt should the payment apply.	None.  Creditors are merely constituted as agents to sell the properties.	Yes when the creditor accepts or the court determines that the consignation was proper.  Note that the effect retroacts to the date of delivery to the court.  Hence, to the creditor belongs the fruits of the thing from the moment of the consignation.
Extent of extinguishment of the obligation	Total extinguishment, unless the parties stipulate otherwise.	No total extinguishment because the amount being paid is not sufficient to cover all debts.	Only to the extent of net proceeds, unless the parties stipulate otherwise.	Yes, there is total extinguishment if there is no reservation on the part of creditor.   None, or there is only partial extinguishment, when the creditor made reservation that the payment is only partial.

References:
• Atty. Rabuya’s book on Civil Law Reviewer, Vol. II.
• Personal notes on Civil Law Review II under the class of Atty. Uribe.
• Atty. Soriano’s notes on Civil Law Review II under the class of Atty. Uribe.

 

Happy Independence Day!

The civil liberties that we enjoy right now, such as the right to due process, right to privacy, and freedom of speech/expression/press, exist because our Filipino ancestors fought for it for centuries. Kung hindi nila inilaban ito noon, mananatiling limitado ang ating mga nagagawa. It is due to them that we are able to freely say what we want to say in social media, or enter into any profession that we want, conduct a trade or business that we see fit, travel to any place at any given point in time, or access any information that we deem necessary in our day-to-day activities.

We often take these rights for granted. After all, they are intangible. Pero huwag na huwag natin ito babaliwalain. Our rights are institutionalized for a reason. Otherwise, we are putting to waste the blood, sweat, and tears of our unsung heroes who fought for the society that we live in today.

Be aware and be vigilant. Research and educate ourselves. After all, any negligence or inaction on our part may lead to us getting the short end of the stick. Sleep on our rights, and we may end up in less favorable circumstances. We all do not want that. Regardless of the political inclinations that we have, we all do not want our rights to be trampled with. There is no sense in living if there is no freedom.

To my fellow citizens, always safeguard your rights. Huwag nating hayaan na magsisi pa tayo sa huli. Naniniwala pa rin ako na matatalino ang mga Pinoy, at inaaral nila maigi ang nangyayari sa pamayanan bago umaksyon. To our beloved public officials, may you have the open-mindedness to set aside all of your personal interests and do what is necessary for the welfare of the society. Please, we all just want a better world to live in.

May the peace that we enjoy today be retained for all of the years to come, not just for us but also para sa ating magiging ka-apo-apohan.

Maligayang Araw ng Kalayaan, mahal kong Pilipinas.

Sidenote: Mga chong, eto pala ang Bill of Rights natin sa ilalim ng 1987 Constitution. Maikli lang iyan at masarap basahin. Take the time to read it today.  https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-iii/?fbclid=IwAR13DgzE8MdlrHBbDjbvz2x3-4GKejJ8Gq-z65XlHIZV9Il9ppqALYn3aV8

Space Exploration: SpaceX Demo-2 Mission, Falcon 9 Rocket, and Dragon Spacecraft

It feels amazing that I can write non-legal essays again.  And in this case, I am writing about one of the things which interests me the most:  Rockets.  🚀 pew pew pew.

SpaceX, or Space Exploration Technologies Corp., is a private American entity engaged in manufacturing spacecraft and rockets.  It is also engaged in space transportation services.  It is founded by Elon Musk, a famous entrepreneur and one of the leading frontrunners in technology.  He is the very same guy who heads Tesla, Neuralink, Paypal, etc.

A while ago (28 May), it was about to set an important point in history as NASA and SpaceX teamed up to launch two American astronauts in space onboard a Crew Dragon spacecraft as propelled via a Falcon 9 rocket.

Falcon 9 rocket is a reusable, two-stage rocket designed and manufactured by SpaceX for the reliable and safe transport of people and payloads into Earth orbit and beyond. Falcon 9 is the world’s first orbital class reusable rocket. Reusability allows SpaceX to refly the most expensive parts of the rocket, which in turn drives down the cost of space access.

Remember when SpaceX made headlines months ago when it was successful in launching a rocket and making it descend/land in one piece for the first time?  Yes, that’s Falcon 9.  You can browse for the videos of SpaceX team when it landed in one piece.  You will feel what they felt – extreme happiness.  After all, it is the realization of their research and grit.

On the otherhand, the Dragon spacecraft is capable of carrying up to 7 passengers to and from Earth orbit, and beyond. It is the only spacecraft currently flying that is capable of returning significant amounts of cargo to Earth, and will soon become the first private spacecraft to take humans to the space station.

More importantly, the launch was also supposed to be the very first time SpaceX, a private space firm, will launch astronauts on a Demo-2 mission.

Unfortunately, it was called off 20 minutes before the launch due to bad weather.  Reading from the articles about the preparations of the scheduled liftoff until the decision to postpone it altogether, I would say that it was a well-crafted one.  It was very noble of Musk to think of the safety of the two astronauts.

We should not fret though as the launch is rescheduled on 30 May 2020 (or 31 May 2020 in the Philippines).  For live updates on the matter, people can tune in to SpaceX’s website, Facebook page, or Twitter page.  It also has a live broadcast of everything, from whatever is happening in the background to the countdown and liftoff.

Let us hope for the successful launch this weekend.  But chances are, it will be smooth considering the time and effort it took for the scientists and engineers to formulate the mission.

The Crew Dragon Demo-2 mission aims to demonstrate the ability of  Dragon spacecraft and Falcon 9 rocket (together with its other features) to fly humans to and from the space.

Demo-2 is the final major test for SpaceX’s human spaceflight system to be certified by NASA for operational crew missions to and from the International Space Station. SpaceX is returning human spaceflight to the United States with one of the safest, most advanced systems ever built, and NASA’s Commercial Crew Program is a turning point for America’s future in space exploration that lays the groundwork for future missions to the Moon, Mars, and beyond.

Space exploration is indeed the future of humanity!

Pictures and information grabbed from SpaceX website.

UPDATE, 31May2020 GMT+8:  

They did it!  They actually did it!  The launch was successful! :). Live video from below.

This is certainly one good leap for the humanity!

Lawyering in the Midst of COVID-19 Pandemic

Lawyering in the Midst of COVID-19 Pandemic:  Opinions and Ideas by a New Lawyer

It is of public knowledge how this COVID-19 issue has affected all of us.  With the ECQ/GCQ measures in place, almost all industries have taken a 180-degree turn.  The Philippine economy shrunk, GDP contracted by 0.2%, businesses stopped their operations, and many employees were laid off.  It is a grim phase in our lives and is something that we are all fighting because regardless of happenstance, we still have the duty to put bread on the table and provide sustenance for our families.

Lawyering has also been significantly impacted.  There may be private firms out there who stopped their operations or tried their best to continue operating with only a skeleton staff.  That, coupled with the idea that most of their clients have also ceased with their business transactions and that some court hearings were put on hold, took a huge portion of the firms’ income.  The law job market may be at its lowest point right now.  Ultimately, the domino effect of the COVID-19 pandemic is of some gravity that all lawyers, whether old or new, are experiencing.

Ultimately, adjustments have to be made, and the initiative to adapt and overcome the current situation must arise from everyone — from the individual lawyers to the private firms/government agencies, up to the judiciary.

Ideas and Opinions

Individual Lawyers.  Individual lawyers must be flexible enough to find other possible sources of income and continuously enrich their experience during the pandemic.  I may not even be in a position right now to discuss this as I am a new lawyer.  I have not even took my oath and signed the roll yet.  But I would imagine that lawyers right now are having a hard time looking for new firms/agencies to work with.  I know I am.

This may not be applicable to everyone, but perhaps, any lawyers with experience can start doing freelance work to accommodate the clients globally, whether the work is related to the legal field or not.  I have been browsing some of the postings in Upwork and realized that there are still potential clients out there seeking legal consultants when it comes to their activities, from business registration to regulatory compliance (no surprises there).  There are also postings related to customer service, marketing, accounting and taxation, and the likes.  Perhaps, lawyers may use their college degrees in conjunction with their law degrees in order to seek jobs.

To a certain extent, we might also engage in online selling.  Sure, it is nowhere related to legal work, but it still provides food in our table.  And the possibility of forging new connections with customers may prove to be useful should the legal sector come running again.

To pass the time, lawyers may also further hone their skills by taking online courses (e.g., HarvardX’s Justice) and doing volunteer work (e.g., GoodGov PH/Bantay Bayan).  Those things have been keeping me busy for a while now, and it helps alleviate the anxiety and stress that the quarantine is bringing in.

Truly, it is a lot easier said than done, but we all must take actions to remedy the situation one way or another.  Lucky are those who still have jobs.  Lucky are those who are currently employed in government agencies and performing legal work.  Lucky are those who have passive investments such as stocks and mutual funds to boot.

That said, we all must accept the idea that court hearings may eventually be done remotely in the future.  In fact, I think that we should all be excited about it as it opens a lot of doors for possibilities.  More on this to be discussed at the latter portion.

Private Firms.  As to private law firms however, I would imagine that the large ones are still stable, owing to their wide range of client base.  But for the boutique and small firms, they are probably in the same footing as the other small-to-medium-sized enterprises right now.

It is good if such firms were able to establish a robust relationship with their clients prior the pandemic, and are still earning from the services that they are providing.  But for those firms which are seeking new potential clients, the pandemic might have posed a great deal of difficulty insofar as that aspect is concerned.

As of the moment, I really have no idea how a firm gets a new client, aside from possible connections and networks.  Tech-wise, a firm may also seek advertisements in the internet (e.g. Google/Facebook) and do search-engine optimizations in order to make them more visible in the webpages.  But even in today’s circumstances, the above strategy may not be enough to bring in new investors or customers, especially because the pandemic put a wide stop on the operations of most businesses.

That said, the firms must remain steadfast in providing services to their existing clients, and continuously seek new clients even with the ECQ/GCQ in place.  Since almost everything is being done remotely nowadays, most of the operations – from recruitment, filing, marketing, and the likes – have to be done online.  I guess a good starting point would be to make sure that all partners, associates, and legal staff have sufficient means to communicate with each other.  The law references must still be accessible by them, and the process of peer-review system should remain running in order to make sure that they produce good-quality output.  After all, they are duty-bound to preserve the interests of the clients.

And should the worst-case scenario happen that will force the firm to cease doing business altogether, the people comprising it must gracefully accept the same and work together to try mitigating the damage and other bad effects.  It is certainly not going to be easy, and the idea of complete closure should generally be entertained only after all efforts have been made to save the firm in conjunction with taking calculated risks.

Government Agencies.  For government agencies, they are in a better position to make sure that the legal industry remains functional.  If anything, it is the government which can continue to operate even with ECQ/GCQ.  After all, the specifics of such implementations and the nitty-gritty of the measures come from them.

Be that as it may, I notice a significant decline in the frequency of the job postings in the government site as compared to the months prior COVID-era.  That, and for all the job postings available right now, they tend to require the submission of government documents which a prospective applicant may not be able to process because of the current quarantine.

On one hand, it is good that the lawyers of these government agencies continue to function.  Yes, the law-enforcement mechanisms have to remain in place in order to maintain peace and order in the society.

On the other, the government agencies should still aim to have a steady influx of new lawyers in order to protect the interests of individuals and ensure that their rights are still safeguarded.  A good starting point would be for these government agencies to continuously hire lawyers and fill out the vacant positions.  It may not be feasible, but perhaps, it is high-time that compliance with these application documents be relaxed for now.  Making the recruitment process easier has two-pronged effects: a) first, it makes sure that the government is still able to deliver the services to the needy; and b) it redounds to the benefit of the lawyers who are also looking for jobs.  With the clogging of cases in offices like PAO, this might be beneficial in the long run.

Courts.  For the judiciary, it must continue its efforts in trying to revolutionize the legal system and adapt to the situation at hand.  We are lucky that we live in a very modern world, with technological innovations appearing here and there.  And it has been of public knowledge that our courts have recognized this by promoting remote hearings and issuing circulars about the manner thereof.  In fact, the amendments to our Rules of Court were made to utilize the benefits coming brought by technology.  The Supreme Court justices have also started doing online deliberations, and that is very timely.

One may even say that the idea of trials and hearings conducted over the internet should be made more prevalent.  And the government institutions should formalize it in such a way that it becomes the accepted norm in the society.  Some of the PH courts have already started doing it with the Supreme Court’s guidance.  It would be nice if it gets to be implemented everywhere in the country.

Understandably, there are still some things which are better perceived in person during court trial, such as the assessment of a judge on the mannerisms and the overall outlook of an accused.  Indeed, those things are better done in a traditional court setting.

But for other things which can be handled remotely, such as contractual disputes, it may be beneficial to start resolving these in online court hearing sessions where all parties discuss their allegations and arguments over the internet.  Doing so will ensure two things: a) that the cases continue to run and the speedy disposition of justice remains unhampered; and, b) the lawyers still get to exercise their craft and get income to provide food on the table.

Of course, the technical limitations or difficulties that such procedure may impose are something that also needs to be considered.  But nonetheless, we should start opening up to the possibility of having cases, disputes, and mediation/arbitration resolved online.

—

Truly, the COVID-19 pandemic has affected all of us.  Inevitably, we all have to make adjustments on our end to survive this era.  Being open to all of these changes is definitely a lot easier said than done, but it has to be done regardless.  After all, the wheels of justice must remain running to ensure that the interests of the government and the public are balanced.

And all these things considered, one thing remains clear:  That, one way or another, we all must embrace the new normal.

Related readings: 

The Practice of Law in these Unsettling Times by Atty. Tranquil Salvador III.

Building a Resilient Judicial System by UP Law Professors

Essay: I passed the Bar Exams! :D

Yesterday, I passed the bar examinations, and I am very happy! 

Thank You’s!

I owe a debt of gratitude to God, my parents and family, my friends, officemates, classmates, teachers, and mentors.  They gave me the support and the motivation that I needed throughout my life in law school and bar review.  Juggling between work and law school/bar review was not an easy feat, but it was made possible because of your help.  From the bottom of my heart, thank you very much!

Waiting for the Bar Exam Results

I still stand with everything that I have said in my blog post about Mental Health and the Bar Exams.  All that I have learned in my bar review experience remains the same up to this day.

Needless to say, the anxiety that I felt while I was waiting for the results was very overwhelming!

After the bar examinations, I immediately resumed my work (software field).  It felt good to be busy again.  I love my job and the field itself.  I love my colleagues and officemates.  We were bustling and rustling, and it was a good way to declutter the mind and remove my attention from the possibility of failing the exams.  During the weekends, I kept myself busy by doing light reading of law materials, playing videogames, watching sitcoms, and anything that can make the time pass.   Mind you, I was only doing the light reading because at the back of my head, I was thinking that if I fail, at least, I am able to get a good headstart at reviewing for the next bar examinations.

And even with the COVID-19 lockdown, I was doing the same routine.  The only difference this time is that I am working from home.

Then came last week when the Supreme Court Public Information Office announced that the results will be posted on the 29th of April, 2020.  I felt anxious, stressed, and afraid once more.  Throughout the whole week, I was not able to function very well.  I was trying so hard not to think about it, but to no avail.

Fortunately, the day before the scheduled release of the results, I was receiving messages from friends and officemates who were checking up on me.  Those actually helped in mitigating my anxiety levels.

29th of April, 2020

I woke up early and logged in to work.  But my mind was not functioning properly at all.  I was not able to participate properly in our morning meetings.

I blocked all my comms and left my FB Messenger and Phone (for SMS) open.  I eliminated all forms of social media sans the two mentioned above to minimise the noise.  I asked my friends to check the results for me and message me about it.  That way, if I pass, I get to be happy with them.  If not, I get to cry at them via phone call.

Hours before the results came up, I was watching sitcoms/Disney movies, reading fun books, and pacing here and there.  Nothing helped.

11:29AM, and I received the very first message that I passed.  Along with it was the screenshot of my name in the list, and the list itself in PDF file.  Then, other messages via SMS and FB Messenger came in, congratulating me.

At that moment, I was very happy.  I immediately sprinted downstairs, told my father the good news, and hugged him.  I did the same to my brother and sister.  We informed our mother who was living abroad.  We had a videochat, she cried, we cried, but all the same, we were happy.

The rest of the day was spent talking to everyone (virtually), eating, and checking up on one another.  The adrenaline rush was real!  It was a very fun day.  🙂

Right Now

I still feel happy.  But in hindsight, I know that this is just the first step of the difficult path that I chose.  Lawyering is not easy, or at least, that’s what I have heard/read.

However, I chose this path.  As such, it is just and befitting that I persevere and soldier on.  I hope that the journey will be kind to me; but if not, I will adapt.

To my other fellows who passed, congratulations!  The title does not define us nor our character; our acts do.  Let us help one another in becoming instruments of justice and peace.  Serve the needy.  Live with righteousness.  Make our “Atty.” count.

To my other comrades who did not make it, be brave and continue marching.  It does not define you nor your character.  Be brave and continue marching.  Take your time to find your inner peace, then pick yourselves up, and do it again.  Be brave and continue marching.  Never stop.  And this time, we are here to support you.

I have mentioned in my blog post before that the bar exams helped me realise that even the most introverted of the persons still needs a company.  And that’s true.  The camaraderie that we built with one another in this journey and in this profession will allow us to continue striving for our dreams.

Plans

I am looking forward to doing something worthwhile with the opportunity that was granted to me.  I still have no concrete plans as to how I will do it, but I will continue searching.

I have always thought that I may die without a child, and so technically, all of these things that I have been doing will be put to naught the moment I take my last breath.  So with that in mind, I want to, at the very least, help and serve and be able to do something good before I leave the world.  That way, I still get to become a good member of the society and contribute to the improvement of humanity.

Answered prayer.  Thank you, Lord!

 

 

Criminal Law: Probation and appeal are mutually exclusive remedies; Exception

General Rule: Probation and appeal are mutually exclusive remedies.

Exception: When, upon appeal, the imposable penalty of the crime is changed from non-probationable to a probationable one by the appellate court, e.g. from frustrated homicide (6 years and 1 day) to attempted homicide (2 years and 4 months).

EDIT: Atty. Pedro Delgado Diwa’s notes, our professor in Crim/Crim Rev and a legal luminary at such field – “Do NOT 4get that if d DECISION (over 6 yrs) is MODIFIED on APPEAL (now LESS than 6 yrs) & d appellant FURTHER appeals d MODIFIED DECISION, he will now be DISQUALIFIED 2 avail of PROBATION notwithstanding that d sentence is LESS than 6 years (Sec. 4, PD 968, as AMENDED by RA 10707).”

Excerpt from Arnel Colinares v. People, G.R. No. 182748, 13 Dec 2011:

In a real sense, the Court’s finding that Arnel was guilty, not of frustrated homicide, but only of attempted homicide, is an original conviction that for the first time imposes on him a probationable penalty. Had the RTC done him right from the start, it would have found him guilty of the correct offense and imposed on him the right penalty of two years and four months maximum. This would have afforded Arnel the right to apply for probation.
The Probation Law never intended to deny an accused his right to probation through no fault of his. The underlying philosophy of probation is one of liberality towards the accused. Such philosophy is not served by a harsh and stringent interpretation of the statutory provisions. As Justice Vicente V. Mendoza said in his dissent in Francisco v CA, the Probation Law must not be regarded as a mere privilege to be given to the accused only where it clearly appears he comes within its letter; to do so would be to disregard the teaching in many cases that the Probation Law should be applied in favor of the accused not because it is a criminal law but to achieve its beneficent purpose.

One of those who dissent from this decision points out that allowing Arnel to apply for probation after he appealed from the trial court’s judgment of conviction would not be consistent with the provision of Section 2 that the Probation Law should be interpreted to “provide an opportunity for the reformation of a penitent offender.” An accused like Arnel who appeals from a judgment convicting him, it is claimed, shows no penitence.

This may be true if the trial court meted out to Arnel a correct judgment of conviction. Here, however, it convicted Arnel of the wrong crime, frustrated homicide, that carried a penalty in excess of 6 years. How can the Court expect him to feel penitent over a crime, which as the Court now finds, he did not commit? He only committed attempted homicide with its maximum penalty of 2 years and 4 months.

Ironically, if the Court denies Arnel the right to apply for probation under the reduced penalty, it would be sending him straight behind bars. It would be robbing him of the chance to instead undergo reformation as a penitent offender, defeating the very purpose of the probation law.

At any rate, what is clear is that, had the RTC done what was right and imposed on Arnel the correct penalty of two years and four months maximum, he would have had the right to apply for probation. No one could say with certainty that he would have availed himself of the right had the RTC done right by him. The idea may not even have crossed his mind precisely since the penalty he got was not probationable.

The question in this case is ultimately one of fairness. Is it fair to deny Arnel the right to apply for probation when the new penalty that the Court imposes on him is, unlike the one erroneously imposed by the trial court, subject to probation?

Teleconferencing, as a Matter of Judicial Notice

TELECONFERENCING, AS A MATTER OF JUDICIAL NOTICE

In Expertravel & Tours, Inc vs. CA and Korean Airlines (G.R. No. 152392, 26 May 2005), the SC held that courts may take judicial notice that business transactions may be made by individuals through teleconferencing.  It also explained how teleconferencing came to be in the realm of corporate world, together with its advantages and disadvantages.  In its decision, it stated that:

In this age of modern technology, the courts may take judicial notice that business transactions may be made by individuals through teleconferencing. Teleconferencing is interactive group communication (three or more people in two or more locations) through an electronic medium. In general terms, teleconferencing can bring people together under one roof even though they are separated by hundreds of miles. This type of group communication may be used in a number of ways, and have three basic types: (1) video conferencing – television-like communication augmented with sound; (2) computer conferencing – printed communication through keyboard terminals, and (3) audio-conferencing-verbal communication via the telephone with optional capacity for telewriting or telecopying.

A teleconference represents a unique alternative to face-to-face (FTF) meetings. It was first introduced in the 1960’s with American Telephone and Telegraph’s Picturephone. At that time, however, no demand existed for the new technology. Travel costs were reasonable and consumers were unwilling to pay the monthly service charge for using the picturephone, which was regarded as more of a novelty than as an actual means for everyday communication. In time, people found it advantageous to hold teleconferencing in the course of business and corporate governance, because of the money saved, among other advantages include:

1. People (including outside guest speakers) who wouldn’t normally attend a distant FTF meeting can participate.
2. Follow-up to earlier meetings can be done with relative ease and little expense.
3. Socializing is minimal compared to an FTF meeting; therefore, meetings are shorter and more oriented to the primary purpose of the meeting.
4. Some routine meetings are more effective since one can audio-conference from any location equipped with a telephone.
5. Communication between the home office and field staffs is maximized.
6. Severe climate and/or unreliable transportation may necessitate teleconferencing.
7. Participants are generally better prepared than for FTF meetings.
8. It is particularly satisfactory for simple problem-solving, information exchange, and procedural tasks.
9. Group members participate more equally in well-moderated teleconferences than an FTF meeting.

On the other hand, other private corporations opt not to hold teleconferences because of the following disadvantages:

1. Technical failures with equipment, including connections that aren’t made.
2. Unsatisfactory for complex interpersonal communication, such as negotiation or bargaining.
3. Impersonal, less easy to create an atmosphere of group rapport.
4. Lack of participant familiarity with the equipment, the medium itself, and meeting skills.
5. Acoustical problems within the teleconferencing rooms.
6. Difficulty in determining participant speaking order; frequently one person monopolizes the meeting.
7. Greater participant preparation time needed.
8. Informal, one-to-one, social interaction not possible.

Indeed, teleconferencing can only facilitate the linking of people; it does not alter the complexity of group communication. Although it may be easier to communicate via teleconferencing, it may also be easier to miscommunicate. Teleconferencing cannot satisfy the individual needs of every type of meeting.

In the Philippines, teleconferencing and videoconferencing of members of board of directors of private corporations is a reality, in light of Republic Act No. 8792. The Securities and Exchange Commission issued SEC Memorandum Circular No. 15, on November 30, 2001, providing the guidelines to be complied with related to such conferences. Thus, the SC agreed with the RTC that persons in the Philippines may have a teleconference with a group of persons in South Korea relating to business transactions or corporate governance.

In the aforementioned case, however, the SC is not persuaded that a teleconferencing indeed took place due to a number of reasons, to wit: a) that the fact of teleconferencing has not been alleged in the original complaints; and, b) that a written copy of the resolution allegedly produced in the teleconferencing was inexistent in the offices of the company in Korea.

This notwithstanding, the key takeaway from this jurisprudence is that with the advent of technological innovations, the courts may, in its discretion, take these advancements as  matters of judicial notice.  Other information regarding judicial notice can be found in the Rules of Court.