Today, I Stood!

Today, I stood for the Truth. My voice was counted again from the millions of Filipinos demanding the accountability of our leaders – to make sure that public money goes to where it should go, and not to the pockets of corrupt politicians. I stood to be heard that the youth are not apathetic, that we are not mere bystanders but active agents of change in our country’s history. I stood for reform. I stood for our future.

I was in Ayala Avenue rally today. Being the 29th of February, this rally is very significant for me, not only because of leap year, but because of several factors. What’s new with that, some would say. First, I was on top of stage. That’s new. I spoke in front of almost 100,000 people compressed in a venue as large as the corner of Ayala Avenue and Paseo de Roxas. Second, it is the largest rally ever registered against the regime of Gloria Macapagal-Arroyo. Third, I am now really in the list of the NBI, the National Security Council, the ISAFP, and perhaps in the military’s OB. But I am not afraid! If you are with the truth, why should you be afraid? It is the government that should tremble as the people are growing weary of the conjugal plunder of the Arroyos. Even government employees are silently angry of the First Family.

There will come a time when the bottle is full. I hope that when that time comes, the phony President and her men are ready,b ecause no amount of suppression can resist the strong force of the wave of the Filipinos clamoring for change. And if that comes, trust me, I shall be in front of it!

For more of the story, read newspapers, and related blogs.

GLORIA RESIGN!

Obligations and Contracts - Finals

This are the reconstructed questions asked in my final exams in OBLICON under Atty. Jose Ortiz, Jr.

I.

A, B, C, D and E agreed to be solidarily indebted to X in the amount of P50,000. X demanded payment from A. A rejected the payment on the grounds of:

a. B was 15 years old at the time of the perfection of the contract
b. C debt was condoned by X
c. D was insane at the time of the perfection of the contract
d. E debt was extended by X for 6 months without the consent of his co-debtors

Give the effect of the following defenses of A, if they were found to be true.

II.

Sabit owed Patong P10,000. It was agreed that Sabit may give his typewriter, his refrigerator or his ring in December 1, 2001 to satisfy the debt. It was expressly stated that Sabit may give it in lieu of the P10,000. In March 1, 2001, typewriter was deliberately destroyed by Sabit. In April 1, 2001, the refrigerator was destroyed by fire. In November 1, 2001, armed robbers stole the ring. Sabit claims the obligation is extinguished. Decide.

III.

Erap and GMA are close friends. In view of theior friendship, GMA owe Erap P1 million payable “when her means permit.” The friendship grew sour, and Erap wanted to demand payment.

As legal counsel, what remedy would you advise Erap?

IV.

Pedro sent as telegram to Maria, March 1, 2001, which is an offer to buy a land for P100,000. It was received by Maria on March 2 at 1:00 PM. She sent her acceptance to Pedro and was received at 5:00 PM. But at 2:00 PM, Pedro withdrew his offer, sent it via telegram, and was received 4:00 PM. Decide.

V.

Lana Puri owns a house at Q.C. and rents it to Dina Virginia, without written contract for 2 years at P8,000/month. In January 1, 2001, Lana offered to sell the leased premises orally to Dina for P10 million, within 90 days from January 1, 2001. Dina gave P100 as option money.

Before the end of the 90 day period, Dina went to Lana to purchase the said premises. But Lana did not want to sell the said property on ground that Mann Y. Akiss had offered t purchase the leased premises for P15 million. Dina sued to compel Lana to accept the money and execute the necessary deed of sale. Lana alleged the following:

a. That there was no perfected contract of sale.
b. That the option is unenforceable under Article 1403 of the Civil Code.
c. That the option money is insufficient.

Decide.

Objectives

1. Distinguish motive from cause.
2. Distinguish voidable and rescissible contracts.
3. What is liberty of contracts? Is it absolute? Why?
4. When is there fraud?
5. Distinguish rescission as a remedy in Article 1191 from Article 128?

Raison d'être - People Power is very much alive!

For nothing is secret that shall not be made manifest, neither anything hidden that shall not be known and come abroad (Luke 8:17) and he that is faithful in that which is least is faithful also in much (Luke 16:16).

Greed, apathy and corruption, as confessed by another sinner, characterize Philippine society today as it was during the period before the First EDSA Revolution. Lies and deceit portray those regimes, coupled with the relentless pillage of the people’s money, utter disrespect of basic human rights, and grossly ineffective bureaucracy populated by corrupt bureaucrat capitalists and presidential cronies. Power is concentrated on the moneyed individuals, the landed elites and the bourgeoisie. Power is commensurate to the amount of wealth that you have.

On the other hand, the majority of poor Filipinos are actually rich, rich in the things that are LESS, landless, penniless, and hopeless. If there be something they do not have, it is a government of laws, of leaders that look for their welfare, and a free and democratic society. Furthermore, whatever little they posses, it is always subject to the ills of our society. Taxes! Fees! Duties! It is volatile to economic shocks, like inflation, oil price increases and market crunches. All these affect them, even without understanding what it means. Free market economists claim it’s the trend of globalization; I call it the ills of imperialism.

The Philippines have undergone two so-called bloodless revolutions. Full of hope for a new world, outlined by their collective desires, flamed by their communal passion, thousands, if not millions of Filipinos have trooped to the streets to shape their own destiny, under the blessings of democracy and true independence – only to find out later that they have been used by competing forces of economic elitists, who desirous to grab power, manages to clothe their faces with the ethereal wax of classical Greco-Roman dramas. In the First EDSA, we could have already shaped a new Philippines. Sad to say, when we replaced the overstaying dictator Marcos and his constitutional authoritarianism, we reinstated the ancient system of feudalistic oligarchy. Cory Aquino was from this social class, the landed elites. She failed dismally to rise over her class. Thus, the military men, who have been used to decision-making politics, decided to take matters into their own hands and launched seven coup attempts, to replace the housewife with a military junta. Fortunately, or unfortunately, American intervention halted the rightist advance. Thus, it began again – American intervention in a so-called “independent” country’s policies.

In the early half of the 1990’s, we were already recuperating from our ordeal with extra-constitutional challenges, FVR having managed to make peace with the MNLF and the RAM-SFP, significantly reducing armed threats. The economy went on an upward trend. Suddenly, the Asian Financial Crisis in 1997 struck the Philippines. The bubble burst because of the weakening currency due to the overextension of the real estate market, as stated by economists. But from another perspective, it is because the system has been leaning towards an import-dependent, export-oriented economy. It was geared towards the benefit of foreign capitalist compradors who seeks maximum profit at the expense of other countries. I call it the crisis of neocolonialism.

In general, the poor Filipinos labor for the benefit of the few, the rich and the privileged. More than 85% of our population is below the poverty line. Centuries of disregard and decades of social degradation left many of our countrymen looking for a genuine leader that shall pull them out of poverty. Thus, in 1998, the DE classes voted the populist Erap Estrada to the presidency. Erap was his slogan; Laban sa Mahirap was his fighting line. He represented their utmost dreams for a better life. But Erap’s election was seen as a threat by the traditional politicians of their clout and control. Thus, the downfall of the masses’ President was predetermined by a group of rich elites and bourgeois who rode on the stream of social movements who came out to denounce the lavish lifestyle of Estrada. The Jueteng scandal was just a back draft of the true dilly-dally behind. Thus, together with political operators and military minions, the Second EDSA happened, bringing to power the ruler we so dreadfully abhor and despise today!

Again and again, Filipinos are called to defend the motherland. From the conquistadors of Spain to the conquering armies of Japan, from the dictator Marcos to the luckiest b*tch Arroyo, the Filipinos are shoved to the frontlines for the sake of freedom. Again we are engaged in this battle, a true and valid raison d'être. This time, let us learn from our mistakes. Let not the flame of freedom be dimmed by the dark plans of few. Let us not be used for their benefit. Let us start a new revolution - one that is etched in the hearts and minds of our people, one that is signed in blood.

On having an Official Stand by the FEU-IL regarding the NBN-ZTE Controversy

Four (4) law schools have made their stand, namely: University of the Philippines College of Law, the University of Santo Tomas Faculty of Civil Law, the San Beda College of Law, and the University of the East College of Law. Now, where is that law school in Morayta?

Established in 1934, the Far Eastern University Institute of Law boasts to be one of the pedigreed law schools in the Philippines, being the cradle where two other law schools sprang. Since its inception, thousands of students passed through its halls to become legal practitioners. Various legal luminaries, from bar topnotchers to justices, owe their education to this institution. Whether in public or private practice, its alumni populate the profession in various capacities.

In the 1970s, the institute had its share in the molding of social consciousness, as some law students joined in the rallies against the Marcos regime, and much later, against the Martial Law guised under the form constitutional authoritarianism. In the First People Power, the FEU-IL was again at the forefront of the fight for the sovereign peoples’ rights. Countless persons, most of them nameless, linked arms to protest the acts of an overstaying dictator. Tama Na! Sobra Na! Palitan Na! That was the call. In 2001, the immoral administration of Erap Estrada was again the subject of people power. Jueteng payoffs, pocketing of the excise taxes, maintaining a fictitious bank account and high level corruption were among the charges. In the back of it all, the FEU-IL remains an active vanguard of the rights of the people. Tama Na! Sobra Na! Palitan Na! Still, that was the call.

Now, this country is again faced with levels of corruption unimaginable, probably in the same degree as the ousted dictator Marcos. This regime has pocketed millions, if not billions, of Juan dela Cruz’s hard earned pesos. The few benefits the lions share and the spoils are given to their cohorts; all of these while the common man wallow in hunger and poverty. The oligarchs in government maintain power by propagating mendicancy, laying the seeds for patronage. The gap between the rich and the poor has widened. We are back in the situation before Marcos came to power in the 1960s.

The people are clamoring for change; for genuine change. But how do we go about change, without letting the power pass on from one oligarch to another? Everyone is making known their stand. But in the milieu, where is that of the Far Eastern University, more specifically, that of the Institute of Law? When are we going to speak? When are we to make a stand?

This is a call to arms! Not in the literal sense of the word. But rather, this is a call to action! Law students must make their voices heard whenever question of rules need to be clarified. But more importantly, as scholars of law, we must make a definite stand when a law is violated, when the truth is suppressed, and when the right of the people is trampled. This administration of Gloria Macapagal-Arroyo’s wanton disregard of the law, calls for our condemnation.

We must put an end to this infringement! It must all stop! The battle cry: TAMA NA! SOBRA NA! KUMILOS NA! Let us all act now! We must make our stand on this issue known. For truth, accountability and reform, the FEU-IL must act NOW!

Just a Side-step - I just remembered that day

I was seated by the sofa set when I got a text message, asking me to go out to the porch. We talked the usual subject, we laughed at the same jokes, especially the one that her friends made up, but I feel that there was something different that day. I gazed at the love birds just by the porch. Again I got a text message, saying those three words I have always wanted to hear. If I am not mistaken, it is past 5:40 in the afternoon. I asked what the meaning of those words is; she said that it means what it means. Res ipsa loquitur, as we lawyers, or would-be lawyers would say.

I have saved that message in my old SIM card, sad to say that it was lost together with my old cell phone. But the feelings never changed, the image of that special day has been photographed in my memory, and that day etched forever in my heart.

It would have been five years today. I miss you so much! Take care!

The Arroyo Administration and the NBN-ZTE Project

Since the “Hello Garci” controversy back in 2005, this administration is facing its worst challenge today. And much as she was during those “I am sorry” days, Gloria Macapagal-Arroyo is much hard headed as ever before. The “pretender” vows to stop all attempts against her illegitimate rule – probably, even to the extent of fighting the Almighty, by hanging on to power with dear life. She and her cohorts dismiss the upcoming groundswell of mass actions against this administration as a mere propaganda of the opposition, devoid of veracity and reality. The Cabinet staged a charade – the “unity walk” in an attempt to show the supposed invincible chain which binds them to their Commander-in-Chief, even as GMA’s political operators work in the backdraft in a dizzying array of loyalty checks and trade-offs. With all its machinery, their act is about to expire, as the people maintains the sword of Damocles over the head of this regime. As a punishment for clearing the mountain of Philippine resources, like the flash floods that hit Leyte in the 1990s, this administration shall drown in its lies and deceit sooner or later.

I beg the pardon of whoever might read my blog for starting it with such harsh words. I have nothing but criticisms reserved for Gloria’s presidency. Who would not be disgusted with a shameless leader, if a leader is what you would want to call her. The PhP 2 billion Diosdado Macapagal Boulevard, the Hello Garci tapes, the Jose Pidal account, the Fertilizer Fund scam, the North Rail Project, coupled with triad of illegal issuances (Calibrated Pre-emptive response, Exec. Order 464, Pres. Proclamation 1017) to prevent legitimate dissent, add extra-judicial killings, name it, this administration has done it. If you do not abhor all of this, I ask “where is that goodness in you?”

This administration is now banking on weak grounds; another strong scandal could rock this administration to its knees. But what exactly makes the NBN-ZTE deal especially damaging? There are two basic reasons.

Firstly, the NBN-ZTE Deal is one of a kind. Of all the scandals to have hit this administration, it is only now that someone from the inner circle has come out. Although one cannot ascertain whether GMA is the one having a direct hand in this controversy, all evidence goes back to Malacañang. Ben Abalos, the FG, Joe de Venecia, all of them have a hand in this controversy. They could have all gotten away with it, as the people are no longer keen on following up this anomalous deal, believing that nothing would come up anyway. It could have all gone as planned if not for the star witness’ supposed kidnapping which gave a shroud of legitimacy on his accusations. Backed by the testimony of Secretary Romy Neri, the witness Jun Lozada said it all. The administration made a very critical blunder, as the media and the Senate are following this witness. They should have made him land in Cebu, or shipped him out of the country again via another exit like what they did to Joc-joc Bolante. Being expert in building a lot of airports, they should have been more innovative now. But alas, they remained unlearned.

Secondly, Jun Lozada did not mince his words. Even his corruption at Philippine Forest Corporation, he decided to spill it all off. Mea culpa he says, he decided to waive his right against self-incrimination to testify to what he knows even to the extent of showing that he is no saint to be believed in. The Filipinos know that everyone in government is corrupt. Jun Lozada did not say it, he claims to be a part of it. He delimited himself to what he defined as “acceptable” and “non-acceptable” zones. He came to court with unclean hands, but the people absolved him. He then confessed his guilt, and to attest his sincerity for penance, he named the culprits for this sin as his absolution. There is a saying, “Ang Filipino madali magpatawad,” as long as “totoo ang iyong sinasabi.” Jun Lozada was forgiven, now the culprits must stand trial.

This administration is now shaking on its foundations. The very ground upon which it stands is as soft as quick sand. The Filipinos have not yet dismissed her lying and stealing. GMA must face the music. She must face the problem square on, otherwise the down pour of the people’s anger would be much harsher. So let me offer my proposals:

One, charge in court Ben Abalos, FG Mike Arroyo and other individuals linked to the controversy. Two, reform COMELEC by asking all present Commissioners to resign and by appointing credible individuals nominated by the people. Three, resign and call a snap election. These are very basic proposals premised upon the clamor of the people. The Congressmen and Local Government Leaders should make clear their stand regarding this situation as the power of the people is in the process of being flexed. All those against to its genuine aspirations shall fall together with this regime.

Sovereignty resides in the people and all government authority emanates from them, says the Constitution. Let it be an active statement rather than a mere platitude on the highest law of the land.

Starting the Case Book and Notes Bank (CB/NB) Project

Check out the link above, it is the Notes Bank Blog, maintained by the students of Arellano University School of Law (AUSL). It is not attributable to any fraternity, organization or the like, as averred by the web blog. As part of the ACLAS platform of government, starting a Case Book and Notes Bank Project is one of our priority agenda. It is cornered on the objective of helping fellow students with their study of law. A Case Book provides a source of digests that help students when they are given a lot of cases to read. A Notes Bank, on the other hand, provides a well of worthy class notes regarding professors of law in FEU.

We do not wish to replace the tried and tested manner of studying law, i.e. read, read and read. There can never be a short cut in our study of law. What we wish however, is to help fellow students start the habit of patiently reading the lessons and cases, and persevere in studying the law. Nothing can compensate for such mode of learning. All that we desire is to make our study of law worthwhile, and if possible, fun.

Researching the Tinga Cases

There have been talks in the legal circle that Honorable Justice Dante Tinga of the Supreme Court would be the next Chairman of 2008 Bar Examinations. It has been 3 months since I started researching the cases penned by him, and I have made significant progress (I have research from August 2003 up to January 2005). I have saved copies of it on my computer, however, sad to say, I am still not yet through the research. Although I have made tremendous leaps, the deadline for the first draft of the case digest is on February 29. Haggard!!! The finals are just around the corner. This is really haggard!

Well, for the future of FEU Law, I have to make good on this job. Several friends of mine, not to mention 4 of my brods, are going to take this year’s bar exams, and their passing may depend on how well we make our study guides, pre-week notes, and the case digests. I’ll update this thread once in a while.

Taking the Power Back

True enough, nothing can stop a strong heart. On Valentines Day, with some stroke of political luck, the Alliance of Concerned Law Students (ACLAS) retook the Student Council presidency back from the hands of our political opponents in the Far Eastern University – Institute of Law., the Students’ Cause Reform Agenda (SCRA). However, victory is bitter sweet, as only Philip Cabugao and I, from ACLAS, won in the SC elections last February 14. Well, paraphrasing Neil Armstrong, “that’s one small step for us, but one giant leap for the party.”

It has been 3 years since ACLAS cornered the presidency, and 4 years since we captured majority of the seats in the SC. In those years, the party has been in the back seat of campus politics in FEU-IL. In those years, the party has relegated to a measly position, letting the SCRA to monopolize power and dismally lead the law students. Basic services by the school were left to deteriorate; student activities aimed at boosting intellectual pursuits were sidetracked; and the Institute’s populace was left without tough leaders. Yes, SCRA won the student council elections in the past because of the students’ support, but we lost a strong voice that would weather any storm just to air our sentiments to the administration.

Our vice-presidential candidate Benedict Pichay explained what ACLAS was about. He traced the etymology of the party to the Filipino word “aklas” meaning to revolt, to break free, to change. The party is about change. It is revolting against the present system, breaking free from the bondage that currently enslaves the studentry, and aiming for change in the ruthless cycle of student apathy. Pichay added that aklas necessitates a joint action, emphasizing pag-aaklas as the product of our communal action. The party, together with the students, requires active collaboration in order to achieve our ends and goals.

ACLAS won by retaking the power from SCRA, but victory would be complete if we give back the power with whom it ultimately lays – with the students. With a re-energized program of government, the student council shall truly be the students’ council, rather than just being a mere figure head. We shall not fail our voters. Philip and I shall work together to in order that students’ needs are met, and the students’ wants are satisfied. This year shall be the foundation of a revitalized party – a party grounded on the principle of pag-aaklas.

On Winning and Serving

As I start my very first entry in this blog, I come to realize that I am already about to finish a year in law school. Never did I realize that I am a three (3) years away from my objective of graduating as a law student, hurdling the bar examinations with flying colors, and achieving the status I have always dreamed of becoming - a lawyer. But before everything else, I must first overcome this inclination of mine as of the moment - to sleep and not finish this blog.

Yesterday, Brod Ice filed, on my behalf, my Certificate of Candidacy to run in the upcoming FEU Law Student Council Elections for the political party. I don't know if it is a good idea, having lost my fight just last June to my future Sis Candice to represent my batch. It's not that I am having second thoughts of running again, but rising from my very first defeat in "any election contest" is an achievement from a proud individual such as I, coming from a political family.

Ever since I have been elected as student council president, with one of the highest margins, during my high school days at San Sebastian College-Recoletos de Cavite, campus politics have always been at the forefront of my agenda. Up till now, I still savor the sweet pride of having founded a grandslam political party, together with my classmates, during our college days in the Colegio de San Juan de Letran-Manila. This is the reason that losing can never be the option. Not because I have been used to winning, but not having to represent your deepest aspirations to serve your fellow students is like following your dreams, only to wake up, that it still is a dream.

Fernando Poe, Jr. once said "Huwag nating alisan ng pag-asa ang mahihirap, dahil baka iyon na lamang ang naiiwan pa sa kanya." Ever since I heard the would-be President said that, I have always wanted to serve others, not because of the power, nor of the reputation. All things come second to the greatest aspiration to find the silent whisper a person speaks when he is alone, to seek the deepest yearnings of an individual, the prayer he says only to God. Serving others never is a privilege, it is an obligation given by human conscience to change the world.

That is why, this afternoon, Partido ACLAS, my political party for this contest agreed in principle, we'll rock and take the FEU Law School by storm.

About/Introduction

"Kulot at Law", previously named as "Winding the Path of Law", is a personal web journal which talks about the law school experiences and life adventures of "future" lawyer, Ian dela Cruz Encarnacion, commonly known to his family, classmates and friends as Ian, but is more affectionately named as Kulot by his intimates, perhaps as an allusion to his now famous or notorious curly hair and attitude.

He is currently a 3rd-year Bachelor of Laws student at the Far Eastern University at the crossroad of public assemblies, Morayta, Manila. He took up his undergraduate degree of Bachelor of Arts, Major in Political Science at Colegio de San Juan de Letran, Manila. He was a consistent Dean's Lister during his college days, but he is more active in extra-curricular activities.

Born of parents and grandparents hailing from the Historical Capital of the Philippines, the Province of Cavite, Ian grew up in the City of Cavite. He finished his 5-year term (July 2002 - November 2007) as SK Chairman in his barangay of residence, and was elected as Treasurer of the Sangguniang Kabataan City Federation. Despite his busy schedule, he still maintains active participation in barangay and city governance activities. Most of his advocacies are centered on poverty alleviation and land reform, improving the standards of living in the Philippines, reforming the justice system, and the increasing the standards of education in the country. Dreams of becoming the Chief Justice of the Supreme Court by 2050 and of occupying the Highest Office of the Land (Dream lang naman eh, but if it shall happen, so be it! Hehe) someday.

Although he does not engage in sports as much as he must, once in a while he enjoy sports like basketball, badminton, table tennis, cycling and swimming. He jogs almost every morning during semestral and summer breaks. He intends to be a triathlon and run the Ironman, the most difficult race on earth. But most of the time, he spends the days reading a lot of books and cases to prepare for a gruelling recitation at school.

Because of the seriousness of his purpose of being a lawyer, many mistake his silent personality as being suplado or serioso, but whenever he is happy, he exudes this huge amount of energy that infects those near him. He laughs kind of funny, which makes him funny too. A simple person with simple joys, one can see him wearing just a short and sando during usual days, eating fish ball and kwek-kwek at the kanto or at the kalsada. He is asleep at times and loves to stay at home. But he does enjoy visiting new places - both for recreation and discovery. He hopes to tour the entire Philippines some day and have a picture at the Welcome Arch of every province, city and municipality in the country. He also intends to tour all European countries and around Asia. He has already started with England and others are to follow.

He is always involved in campus politics. As early as his elementary days at Atheneum School in Noveleta,Cavite, he was elected as President of the Graduating Class. During his High School years, he served as the High School Student Council President in SY 2002-2003 of San Sebastian College-Recoletos de Cavite, and was subsequently elected as the Alumni Association President. In his college days, he founded the Letran POLITICVS, a Recognized Student Organization for Political Science Majors, and the grand slam political party ALYANSA LETRANISTA (We have won the Presidency of the Letran Student Council, from SY 2005-2006 until the present school year, or 4 years in a row, YAHOO!). He served as the 2nd Year Representative of the Institute of Law Student Council in the S.Y. 2008-2009. He is also an officer and a resident brother of the Exclusive Law Fraternal Order, TAU KAPPA PHI, Far Eastern University.

When he want to relax, he listens to the radio, watches TV, converses with friends and cleans the house, the garden and his room, and keeps musing himself with busy thoughts to save the world. He loves the beach. Repairing broken objects is also a fave when the mood is good. This days, he prays a lot, have fun a lot, and works a lot.

This profile was written 17 October 2008.
Edited : 18 October 2009.