COMMENT

Send lawyers to war front for reality check -- The Inquirer screams

The above reaction is addressed to Philippine lawyers who questioned the constitutionality of the Joint US-Filipino Military Exercises being conducted in Southern Philippines. I'm sure those lawyers will be good for target shooting -- with apples on their heads.

WEIRD NEWS
Arizona couple arrested for not putting down Christmas lights

Angelika Flores and her husband, Tony, last year violated a code requiring Christmas decorations to be removed 19 days after the holiday. They were still on the home in April. Thus, one day police came to arrest them. The Vice Mayor of the town called Peoria said the code is on the books to maintain the integrity of neighborhoods. The full text here.

My mouth is still agape. I can't believe there is such a law somewhere.

COMMENT

It's Cheney's turn to do a Nixon.

US Vice Pres. Dick Cheney refuses to divulge to the US Government Accounting Office the work of his energy task force in connection with the Enron scandal. He told the Today Show that he wants to "protect the ability of the president and the vice president to get unvarnished advice from any source we want." Yeah right, it also helps that they received millions in campaign contributions and probably quid pro quo deals with the Enron Group. It sounds like America really elected a pair of lemons to head their country. More analysis from Findlaw here.There is also an engaging explanation on the Enron scam here.

In U.S. v. Nixon, a constitutional law case that is staple in every Philippine law school, Pres. Nixon refused to release his secret tapes by invoking the same arguments that Cheney is now saying -- i.e., executive privilege blah blah blah. What is curious is Cheney knows how U.S. v. Nixon was decided. What makes him think the courts will reverse its ruling now, especially that we know he and Georgie have gone to bed with Enron officials?

I vaguely remember Mr. Cheney getting involved with US-Philippine relations in the distant past but somehow I can't get the details. Nevertheless, let's see if an impeachment trial will ensue on this fiasco. Impeachment is becoming a field of specialization in law since Kenneth Starr did it to tobacco smokin' Bill Clinton (with cigars made in the Philippines). Ex-Pres. Estrada got impeached too. But like most cases in the Philippines, it never reached a legal conclusion when the prosecutors walked out on Congress after a controversial vote on opening an envelope. Of course, Pres. Estrada was ousted after having "constructively resigned". But going back to Cheney, I am pretty sure he is on his way there and Georgie is waiting to join him.

BROWSINGS

Somebody please pull the plug on this Howe lawyer

There is this guy who is writing about a website on how lawyers cheat their clients. Click here. C'mon...are you that rich already?

WEB ADMIN

A Turning Point for MBAceron.com

This lawyerly stuff has become such a drag. Let's loosen up a little with some midi background music and a dancing buddy. Aside from that, we'll try to effect a less formal and more personable style. But focus will still be on things lawyerly -- law, lawyers, lie, liars... har har har... get the drift? We're changing our taglines too. "Law News and Comments"is so boring. Please stay tuned for other changes.

BROWSINGS

Overlawyered.com

Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public's expense, and resists even modest efforts at reform and accountability. (Sounds like what one might say about the Philippine legal system as well, but for the fact that it lacks the "C" word -- as in "corrupt") Says Yahoo Internet Life, Aug. 24, 2000: "odes to odious lawyering...(Overlawer.com) chronicles how attorneys clog the drain of American life." Check it out regularly. I like it so much it will be a permanent link here.

NEWS
Aborigines claim kangaroo copyright

In Australia, a group of Aborigines has lodged a high court writ, seeking to stop the government from using the kangaroo and the emu on the national coat of arms.

The Aboriginal activists say the representation of the animals - which they regard as sacred totems - is a breach of copyright.

The activists are accusing the Commonwealth of Australia of cultural theft, saying it could not prove it had been given written permission to use the images. Full text here.

WEIRD NEWS
Worker suspended over lost baby


A hospital in Kent (England) which temporarily lost the remains of a dead baby has revealed it suspended a mortuary worker after the error. Queen Mary's Hospital in Sidcup said the male worker, who has not been named, had returned to work - under close supervision. The remains of baby James Fernandez were put through a hot wash after he went missing from the hospital. Full text here.

If this thing happened in a Philippine hospital, the worker would surely be terminated from employment (of course, after being beaten to pulp by the father).

THE WEIRD NEWS
Florida town casts out Satan

The mayor of this small fishing village in Florida has declared the Prince of Darkness persona non grata -- in essence, telling him to go to the devil.

"Satan, ruler of darkness, giver of evil, destroyer of what is good and just, is not now, nor ever again will be, a part of this town of Inglis," Mayor Carolyn Risher says in a proclamation, which was issued on official town stationery. Full text here.

May I please ask how they can acquire jurisdiction over Satan?

NEW LAWYER GIZMO
FILIPINO LAWYER'S SOFTWARE LAUNCHED



It happened over coffee at McDonald's. I told Bitoy Buenaventura, President of Corporate Oasis (the web group behind telecounsel.net), that I needed a software that will help me manage my cases. I wanted one that will give a view of all my cases and their status. I wanted to be able to tell which one is not moving to ensure that it moves somehow and not displease the client. Then, while he is at it, I told him throw in a calendar and contacts management, an expense and billing tracker and a directory of all the courts in the Philippines. A few more discussions and phone calls, and the Lawyer's Folio Version 1.0 was launched. It's cheap at PHp 2,500 (US$50) a pop. It's now available at all Rex Bookstore outlets.

NEWS

The Pope Urges Lawyers to Avoid Divorce Cases.

Roman Catholic lawyers should refuse to handle divorce cases, Pope John Paul has said. He said divorce was "spreading like a plague" through society, and lawyers should refuse to be part of the "evil". His comments came during an annual meeting with Vatican magistrates. "Lawyers, who work freely, should always decline to use their professions for an end that is contrary to justice, like divorce," the Pope said. The full BBC news text is found here.

I wonder, however, how the Pope finds the unique Philippine situation regarding this issue. Being a predominantly Catholic country, Philippine law does not allow divorce. Instead, it allows the declaration of nullity of a marriage due to the "psychological incapacity" of one or both of the spouses to fulfill the obligations of marriage. The ground is based on canon law. However, the application in Philippine courts has been often corrupted where the ground doesn't really exist but lawyers, judges and psychiatrists connive with each other and the spouses to make it appear that it does exist and thus warrant the declaration of nullity of the marriage.

NOTED

Supreme ourt Issues Rules on Search and Seizure for Infringement of Intellectual Property Rights

The Philippine Supreme Court recently issued the Rules for Search and Seizure for Infringement of Intellectual Property Rights in civil actions. This strikes us as quite odd as normally the writ of search and seizure is only applicable in criminal cases. But the rule says it is applicable... "(w)here any delay is likely to cause irreparable harm to the intellectual property right holder or where there is demonstrable risk of evidence being destroyed, in a pending civil action for infringement" or in a civil action about to be commenced. The full text of the Rules is found here.

NOTED
Supreme Court Affirms Plunder Law

Is the Plunder Law vague? The Supreme Court said,

"As it is written, the Plunder Law contains ascertainable standards and well-defined parameters which would enable the accused to determine the nature of his violation. Section 2 is sufficiently explicit in its description of the acts, conduct and conditions required or forbidden, and prescribes the elements of the crime with reasonable certainty and particularity. Thus -

1. That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons;

2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the following overt or criminal acts: (a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer; (c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities of Government owned or controlled corporations or their subsidiaries; (d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; (e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (f) by taking advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines; and,

3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00."

As long as the law affords some comprehensible guide or rule that would inform those who are subject to it what conduct would render them liable to its penalties, its validity will be sustained. It must sufficiently guide the judge in its application; the counsel, in defending one charged with its violation; and more importantly, the accused, in identifying the realm of the proscribed conduct. Indeed, it can be understood with little difficulty that what the assailed statute punishes is the act of a public officer in amassing or accumulating ill-gotten wealth of at least P50,000,000.00 through a series or combination of acts enumerated in Sec. 1, par. (d), of the Plunder Law. More here.

THIS MADE ME LAUGH

To make up for our failure to update this blog for months, here are some cool jokes from a book called Disorder in the Court. These are things people actually said in court, word for word, taken down and now published by court reporters - who had the torment of staying calm while these exchanges were actually taking place. Some of these are excellent - don't miss the last one.

Q: What is your date of birth?
A: July fifteenth.
Q: What year?
A: Every year.

>=====

Q: What gear were you in at the moment of the impact?
A: Gucci sweats and Reeboks.

>=====

Q: This myasthenia gravis, does it affect your memory at all?
A: Yes.
Q: And in what ways does it affect your memory?
A: I forget.
Q: You forget. Can you give us an example of something that you've forgotten?

=====

Q: How old is your son, the one living with you?
A: Thirty-eight or thirty-five, I can't remember which.
Q: How long has he lived with you?
A: Forty-five years.

====

Q: What was the first thing your husband said to you when he woke up
that morning?
A: He said, "Where am I, Cathy?"
Q: And why did that upset you?
A: My name is Susan.

>====

Q: Do you know if your daughter has ever been involved in voodoo or
the occult?
A: We both do.
Q: Voodoo?
A: We do.
Q: You do?
A: Yes, voodoo.

>===

Q: Now doctor, isn't it true that when a person dies in his sleep,
he doesn't know about it until the next morning?

===

Q: The youngest son, the twenty-year old, how old is he?

===

Q: Were you present when your picture was taken?

===

Q: So the date of conception (of the baby) was August 8th?
A : Yes
Q: And what were you doing at that time?

===

Q: She had three children, right?
A: Yes
Q: How many were boys?
A: None.
Q: Were there any girls?

===

Q: How was your first marriage terminated?
A: By death
Q: And by whose death was it terminated?

===

Q: Can you describe the individual?
A: He was about medium height and had a beard.
Q: Was this a male, or a female?

===

Q: Is your appearance here this morning pursuant to a deposition
notice
which I sent to your attorney?
A: No, this is how I dress when I go to work.

>===

Q: Doctor, how many autopsies have you performed on dead people?
A: All my autopsies are performed on dead people.

===

Q: All your responses must be oral, OK? What school did you go to?
A: Oral

===

Q: Do you recall the time that you examined the body?
A : The autopsy started around 8:30 p.m.
Q: And Mr. Dennington was dead at the time?
A: No, he was sitting on the table wondering why I was doing an autopsy.

==
Q: Are you qualified to give a urine sample?

===

Q: Doctor, before you performed the autopsy, did you check for a
pulse?
A: No
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No
Q: So, then it is possible that the patient was alive when you began
the autopsy?
A: No
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But could the patient have still been alive, never the less?
A: Yes, it is possible that he could have been alive and practising
law somewhere.

COMMENT
UN declares US attacks on Afghanistan as acts of self-defense

A day after the US attacked Afghanistan, the United Nations Security Council passed a unanimous resolution recognizing the US right to "individual or collective self-defense." US Ambassador John Negroponte said the attacks on Afghanistan were "actions designed to prevent and deter further (terrorist) attacks on the United States." The US claimed that it only bombed Taliban stations and the Al Qaeda terrorists installations and not civilians. The US also claimed that simultaneous with the bombings, US jets dropped food, medicine and other supplies to populated places in Afghanistan. The explanation came even as thousands of Muslims all over the world protested the attacks.

Under Article 51 the UN Charter, the determination of the validity of the exercise of the right of self-defense is placed upon the UN Security Council. Thus, in view of the UN Security Council resolution, as far as compliance with international law formalities is concerned, the legality of the attacks on Afghanistan is beyond inquiry.

Yet, international law issues do not appear to have been resolved by the UN Security Council resolution. To begin with, the Taliban is not a direct aggressor of the US. While it is charged with harboring bin Laden, it is not bound to give him up to the US since no formal extradition treaty exists between the US and Taliban. Bin Laden himself is not considered a criminal in Afghanistan. Worse, bin Laden has only been charged in a US Court and has not been convicted. Political rhetoric from Pres. Bush and Prime Minister Blair also shows that another reason why the Taliban is being attacked is because of its rigid interpretation of the Islamic faith. Clearly, this is beyond the realm of self-defense. Thus, the Muslim protests against the attacks all over the world may not be easily dismissed as simply fanatical.

COMMENT
Did attack on Afghanistan violate international law?

While the world reacts in various ways to the US-led attack on Afghanistan on October 7, 2001, international law observers ponder an issue that threatens the very existence of international law as a discipline: Did the attack violate the international law prohibition on the use of force against the territorial integrity and political independence of any state?

In the case Nicaragua v. U.S., the International Court of Justice (ICJ) declared that the non-use of force principle as embodied in Article 2(4) of the United Nations Charter is a customary international law that is binding upon all the nations of the world independently of any treaty that may embody it. Only two noted exceptions are allowed under the rule: self-defense and UN-approved enforcement actions. None of these exceptions have so far been invoked as a legal ground under international law to justify the attack. None of them also appear to be existing.

While questions of this kind seem academic in the face of an almost overwhelming support for the attack in reaction to the World Trade Center bombings on September 11, 2001, not to mention that the chief proponents of the attack are the superpowers of the world, the question is relevant if only to confirm that there is such a field of law as public international law that states are bound to obey. Indeed, if international law was violated by the attack, who will impose the sanctions on the errant nations?

ADMIN

Yahoo Messenger Installed

We have installed Yahoo Messenger in order to provide greater interactivity to our site visitors. If we are online, we will be available to answer simple legal querries on Philippine law. Our expertise lies in labor, media, contracts and general business law. However, as this is a public site, please be aware that we cannot ensure confidentiality. To protect your identities, please do not give details. Just click the icon, login to Yahoo Messenger and type your message. This service is free.

NEWS
US Will Not Consider National ID System


According to CW360.com, US president George W Bush will not pursue a national identification card system despite calls from parts of government and industry following the 11 September terrorist attacks.According to the White House Spokesperson, they are not even condering the idea.

The White House's declaration came as a reaction to a recent surge of interest in national ID cards, which included an offer from Oracle chief executive, Larry Ellison, to have his company bear the software costs for such a system. Furthermore, research by the US-based Pew Research Centre found that most Americans are in favor a national ID card, although most balked at government surveillance of phone calls and e-mails.

In the Philippines, Pres. Gloria Arroyo has already expressed her support for a national ID system which drew immediate opposition from human rights advocates. During his term as president, former President Fidel V. Ramos passed an administrative order establishing a national ID system. Senators challenged the constitutionality of the order before the Supreme Court which declared its unconstitutionality.

NEWS
Pres. GMA declares support to revive National ID System. Bayan Muna objects.

As we predicted earlier, the plan to install the National ID System has been revived in reaction to the World Trade Center attacks. The Inquirer reported today that Pres. Arroyo is supporting the revival of the National ID System. The full story is found here. Party list congressmen from Bayan Muna immediately raised their objections. The Inquirer also reported the story. Click here.

COMMENT
God Bless Big Brother Indeed

Salon.com has posted an article expressing concern over the apparent receptiveness of the US Congress to pass more stringent anti-terrorist legislation. As a result, civil liberties of individuals, especially immigrants, will be considerably curtailed. The lead of the article states as follows:

"Northwest Airlines kicked three Arab-American men off a flight from Minneapolis to Philadelphia Friday, simply because other passengers refused to fly on the same plane with them. The airline defended removing the men from the plane, saying that security rules gave it permission to "reaccommodate" passengers. The Council on American-Islamic Relations reacted immediately: "This is racial and religious profiling of the worst kind. Both the passengers and the airplane personnel should be ashamed of their actions." Even as Arab-Americans face daily affronts to their civil liberties, Congress is crafting new legislation to further limit their freedoms -- and everyone else's. And while there is some dissent being expressed behind closed doors in Congress, an "anti-terrorism" bill is expected to be formally introduced next week. Given the current climate of fear and anger, most observers expect easy passage."
The full text is found here.

In the Philippines, anti-terrorist legislation has been consistently defeated in the Philippine Congress since the time that former President Fidel V. Ramos was still Pres. Cory Aquino's defense secretary. Foremost among this anti-terroris legislation is the proposal for the national ID system that creates a presumption that those without national ID's are rebels. We may expect the revival of this proposal soon, especially that Mr. Ranos's supporters are also supporters of Pres. Gloria Macapagal-Arroyo. In the event that anti-terrorist legislation is passed by Congress, the same may be challenged only in the Supreme Court which will then test its validity as against the Philippine Constitution.

NEWS
Insurers of World Trade Center won’t use war exclusion

The website www.businessinsurance.com reported recently that insurers of the World Trade Center and other parties affected by the attack against key landmarks of the United States will not use the war exclusions in the insurance contracts covering the towers and other affected entities and individuals. The National Assn. of Independent Insurers said in a written statement that “NAII wishes to confirm that insurers have strongly indicated that they do not intend to invoke the ‘act of war’ exclusion. This is a non-issue, and all insurers we have heard from are treating the losses as covered claims.” It may be recalled that on September 11, 2001, a group of terrorists hijacked two commercial planes and rammed them against the twin towers of the World Trade Center. The towers eventually collapsed. More than 6,000 are believed to have perished from the incident.

The complete text of the story is found here.

LEGAL HISTORY
This Day in 1972

This day in history Pres. Ferdinand Marcos issued Proclamation 1081 placing the entire Philippine archipelago on a state of Martial Law. Within twenty-four hours from the declaration, thousands of persons perceived as enemies of Marcos were rounded up and jailed, including incumbent senators, big businessmen, politicians, journalists, clerics, union leaders and students. To pave the way for a dictatorial regime, Ms. Marcos then called for the organization of people's assemblies to ratify the 1973 Constitution by mere show of hands. Martial rule then became a way of life among Filipinos until it was lifted in 1981 as a concession to Pope John Paul II who visited the Philippines that same year. With mounting pressure from local and foreign political forces, Mr. Marcos convened the Batasang Pambansa, the legislative branch of government as provided in the 1973 Constitution. The opposition gained more momentum when Ninoy Aquino got assassinated on August 21, 1983. From then on, anti-Marcos political assemblies and rallies became more frequent until Mr. Marcos was forced to call a presidential election on February 7, 1986. On February 25 1986, a civilian-backed military uprising overthrew Marcos thus ending the dictatorial regime that began on September 21, 1972.

WORK IN PROGRESS

What To Expect When You’re Suing or Being Sued

Continuation of Chapter One
Choosing a Lawyer

Cases that You Should Refer Only to the Experts

In the previous portions of this on going article (please check our archives the first portion appeared on July 27, 2001), we discussed the seven basic traits that you should look for in a lawyer, the dilemma of choosing among the big or small law firm and the solo practitioner, and the issue on legal fees. In this last installment, we will discuss cases falling on fields of law that should be referred only to the experts. This is necessary in order to ensure that very little mistake will be committed in the handling of your case.

No lawyer can say that she can handle every case referred to her. Law touches upon almost every aspect of human life that it is impossible for any lawyer to exhaust it. While most lawyers can handle mainstream litigation, such as land disputes, collection cases, fraud, murder and corporate disputes, certain fields of law are easily beyond the grasp of most lawyers. We believe that at least three fields of law should be left to the experts. By “expert”, we mean that the lawyer has spent a major part of her professional life on the field. She should be so immersed in the field that she has ready answers to problems that non-experts can take days to even understand. These fields are as follows:

Tax and Customs Litigation

Tax and Customs litigation deal with disputes relating to tax assessments, tax refunds, tax protests, as well as tariff and customs disputes, including forfeiture proceedings. This field should be left to the experts because it is a universe in itself. Even the simplest of issues in tax and customs litigation will require thorough study from any practitioner. In addition, the field is highly technical. Legal maxims are mixed with percentages and mathematical formulas that ordinary lawyers will not easily comprehend. One nuance that we learned the hard way, for example, is that all pleadings filed with the customs collector have to bear a documentary science stamps tax. Otherwise, it would be disregarded. Who would know that but only an expert?

Election Law

Election law requires a lawyer who has a thorough knowledge of election laws and procedures and usually a strong disposition. Court jurisdiction and time periods for filing of pleadings appeals and other documents are often confusing and tough. Many election protests have been lost on technicalities because counsels are not familiar with the basic election laws. In addition, the election lawyer often has to deal with a roomful of people and confused election registrars. Your election lawyer should have a loud but not annoying voice to be convincing in this situation. In addition, deadlines in election disputes are really tight. Sometimes your counsel will only have the following day to file her protest. Only lawyers who are used to this environment can deliver the goods to their clients.

Admiralty Law

Admiralty deals with the law of sea transportation. It has been around for centuries. Yet, demurrage, salvage, collisions and other disputes relating to admiralty are not easy to understand and have been mastered by only a handful of practitioners. This should be left to the experts.

The common element in the above fields of law is that they not only have a different set of laws, they also have different sets of procedures in resolving disputes. We find that their procedures as complex and uncommon that only experts in the field may fill at ease in litigating those cases. While you can take a chance on a neophyte to handle any case falling under the three on your behalf, the risk of failure is going to be great that you might as well not have lawyer at all. You don’t want your lawyer coming to you with a decision that says you lost because your lawyer missed one rule in the book, and not because of lack of merit. It is one of the most agonizing losses you will experience in your life.


Next Chapter: Preparing to Go to Court

NEWS
Lawyer Statesman Neptali Gonzales Dies

Former Senate President Neptali Gonzales died of heart failure at the Makati Medical Center last September 16, 2001. He was 78. Mr. Gonzales was a law professor and dean of a law school for many years until he entered politics in 1967. He rose to national prominence as an opposition leader in the Batasang Pambansa during the latter part of the Marcos era. After the downfall of Marcos, he became the first justice secretary of then President Cory Aquino. Mr. Gonzales is the principal architect of the legal and constitutional framework of the post-Marcos era.

NEWS
Court dismisses Text Messaging Case

The Regional Trial Court of Quezon City issued recently an order dismissing the case filed by consumers against the cellular phone companies Globe, Smart, Islacom and Piltel on the ground of lack of jurisidcition. Earlier, the same court issued a temporary restraining order prohibiting the same companies from implementing their plan to reduce the number of allocated free text messages to their subscribers. The temporary restraining order was supposed to have been effective for twenty (20) days. Yet, before the period could lapse, the Court resolved to dismiss the case citing that it is the National Telecommunications Commission (NTC) that has power to resolve the issue and not the trial court.

Under the Rules of Civil Procedure, the consumer groups have fifteen days to file a Motion for Reconsideration or appeal to the Court of Appeals. If no motion or appeal is filed, the decision will become final and executory.

TAKE A TIP
Avoid taking minority ownership in a company.

In the Philippines, two-thirds of the outstanding capital stock is the magic number. If you have two-thirds, you can do almost anything you want in a company -- change the Articles of Incorporation, change the business, sell all the assets, even dissolve the company. If you have less than that, you can not do anything profitable with your shares, except perhaps sell them to the majority. Everytime an issue pops up, you are out voted. Sometimes you cannot even raise an issue on the floor. Majority owners even earn on the side as voting control gives them the right to vote themselves as officers of the company and charge exhorbitant salaries and per diems. Thus, if you have to enter into a business with somebody, make sure you have two-thirds; otherwise, be prepared to be the whipping boy or girl for that matter.

TRIBUTE
NVM Gonzalez, would be lawyer turned writer National Artist

Today, September 8 is the birthday of NVM Gonzalez, one of the greatest Filipino writers of all time. NVM attended two years of law school at the University of the Philippines. He had many reasons for leaving law school, one of them was that he found it unacceptable that their professor would sell them copies of the Philippine Reports to fend for the professor's mistress. NVM wrote mainly about the life of Mindoro folk, their life and rituals in a feudalistic society. In the story, "On the Eve," (see the collections Grammer of Dreams and Mindoro and Beyond both published by the UP Press) he writes, quite exceptionally, about a young man on the eve of his decision to leave law school for a life as a writer, perhaps mirroring his own monumental decision to leave the legal world for what would turn out to be a well-lived life of Philippine letters. NVM died in November 1999 at the age of 84. Stanford University, where NVM's granddaughter now studies, has a webpage in his honor.

FIRST PERSON
Nightmare on the Eve of the Bar Exams

I was in a rickety condo unit in Makati with only coackroaches keeping me company. I called for pizza delivery for dinner from Shakey's-- Manager's Choice with extra cheese, Coke and Chick n' Chips. There was enough food even for breakfast the following day. I found it too pricey for my budget at five hundred bucks, but I figured, the bar exams was my day of judgment. If I flunk it, it would be my last pizza forever. So who cares?

A classmate called to tell me that they would pick me up as early as 5:00 am. It was neessary to come early, according to her, to avoid the traffic build up brought about by the annual Alay Lakad (Walk for A Cause) Project that would pass at La Salle Taft Avenue where the exams will be. No problem. I had no choice. Either I went to the bar with obsessive compulsive classmates or I risked missing it altogether with Manila's unreliable public transport. I had no time for those little dilemmas. I figured I needed at least six hours of sleep to have an optimum performance for the eight hour exam. There was no better preparation than that. Besides, what I did not know on the eve of the bar exams, I would never know in time for the actual exams. To be ready by 5:00 am, I needed to wake up at 4:00 am. That meant I had to be snoring by 10:00 pm.

After dinner, I finished memorizing a chapter on Atty Nachura's reviewer on Political Law about diplomatic immunity. I scanned the other pages that I haven't touched and decided It was time to sleep.Yet. my gut was crying for more. It was telling me that my knowledge of political law was vanishing slowly and the only way to stop it was for me to keep on reading until I fell asleep. So I hit the books again. But, very little was sinking in. I ran my mnemonics devices to see if I can rattle off principles that I had memorized. No good. I turned on the air-conditioner to cool off. The motor was too loud. I turned it off. What do I do now? It's 11:00 pm. So much for the six hours of solid sleep. My professor gave us one tip that afternoon. "If all else fails, try beer!" But, who was gonna get that beer for me? The cockroaches? I remembered as a kid that I would make myself dizzy and fall asleep by spinning around like crazy. So I spun around the room for five minutes until I fell and threw up. But I was still wide awake. I tried music -- Mozart, Bach. But I had been listening to those guys the entire bar review period that I had been numbed. They had very little effect on me. No use.

Thereafter, it dawned upon me -- I was gonna flunk the bar. With very little sleep, if at all, there was no way I could construct a decent sentence. The exams for the day consisted of two sets of one hundred (100) essay questions to be hurdled in four hours each set. No way was anybody gonna pass that with less than six hours of sleep. I saw all my four years of hard work studying the law flashing on my mind. The episodes when I had flunked an exam were even in slo-mo. I knew I would forever be labeled a bar flunker. What job would I get? Court sheriff? It was done. The clock struck at 1:00 am as I decided I had lost it and dozed off. Good night bar flunker.

That was exactly six years today. Of course, I flunked the exams on that day. But I made enough points in the succeeding exams to give me a decent passing mark. I knew better the following week. I downed a bottle of wine.

WEB ADMIN

We are temporarily removing our javascript services from Bravenet.com, law.com and the counter.com for the search button, law dictionary and counter respectively.The offending code has been found in at least one of the three. They will be restored in due time after the technical issue has been resolved.

WEB ADMIN

We are currently experiencing some technical problems. Please bear with us.