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Opinion

Filipino Herogues

MY FOUR CENTAVOS - Dean Andy Bautista -

The Philippines was basking in the international limelight with the decisive win (and 7th world title) of People’s Champ Manny Pacquiao and the selection of Efren Peñaflorida (chosen out of 9,000 nominations) as CNN’s Hero of the Year. We were just getting warmed in our seats when the Maguindanao massacre grabs the headlines and rains on Pacman’s and Kuya Ef’s parade. From cloud nine, we were suddenly returned to the reality of the sad state of Philippine politics. “Sanamagan,” I can hear the STAR’s late publisher, Max Soliven, murmuring in his grave, “this is worse than shooting ourselves in the foot.”

I was in Hong Kong when news of the killings filtered thru CNN. In meetings, it became the first topic of conversation. Even if the crime happened in our wild, wild south, this is the kind of news that would scare away the bravest of foreign investors and the most adventurous of tourists. For this was a crime worse than cold blooded murder. The English adjectives – heinous, brutal or barbaric – are inadequate to describe the act. The Tagalog word “karumaldumal” seems more appropriate but even falls short. Government needs to immediately bring the perpetrators to justice not only to assure investors and tourists that it is in control of the situation, but to demonstrate to the citizenry that it has the skill and the will to implement the core democratic principle that no one is above the law.

In one week, we swung from one end of the pendulum to the other, showcasing to the world our best and worst, the heroes and rogues of our society. The euphoria created by the former was replaced with the anguish generated by the latter. The Philippines is truly a land of contrasts – a Dickensian tale of two countries. Let’s just hope that CNN does not sponsor a contest that will choose the rogue of the year.

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New PALS Prexy: The Philippine Association of Law Schools (PALS) had a successful convention last week-end at Cagayan de Oro, the city of golden friendship. Unlike other organizations which practice dynastic politics, we strictly observe term limits and thus elected a new president in the person of Dean Raul “Rocky” Villanueva of Xavier University. Our former president, Dean Perry Pe of Palawan State University, is now our chairman. May Dean Rocky build on the successes of his predecessors and lead the organization in its continuing quest to make Philippine legal education relevant and world-class.

It may interest the reader to know that many members of PALS have served in positions of public leadership. UST’s Andres Narvasa and Colegio de San Jose Recoletos’ Marcelo Fernan were both appointed as Chief Justice. The latter was also elected Senate President together with FEU deans Jovito Salonga and Neptali Gonzales. Dean Gonzales, UP’s Vicente Abad Santos and University of Batangas, Hernando Perez all served as Secretary of Justice. UP Deans Abad Santos and Irene Cortes, San Beda’s Florenz Regalado, Lyceum’s Isagani Cruz and UE’s Dante Tinga all became Supreme Court Justices. Currently, Arellano’s Antonio Nachura and UST’s Roberto Abad are sitting in the High Court, San Sebastian’s Rufus Rodriguez (who in a past life must have been a professional dancer and singer) is with the House of Representatives while Xavier’s Romulo Borja is a member of the Court of Appeals. I am certain that I have missed out on some deans who have occupied or are occupying senior government positions and to them I offer my apologies in advance.

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Green Jurist: Supreme Court Justice Bobby Abad was our guest of honor and speaker during the convention. He rightly observed that the legal profession should do its fair share in protecting the environment. Since paper wastage leads to more trees being cut which in turn results to soil erosion and greater air pollution, he suggested that all briefs, pleadings and memoranda filed with the courts should be typed single space (instead of the current double space) and that both the front and back pages be utilized. He said that the decisions and orders of judges should follow the same rule.

Justice Abad also proposed a revolutionary idea – that all pleadings filed with the courts not be longer than 20 pages. And if the lawyer exceeds this limit, there will be an environmental surcharge of say P5000 per page that such lawyer will need to pay. Abad reasons that this is only fair as judges should spend roughly the same time on all the cases filed with their courts. This rule will also be good for consumers of legal services as there are unscrupulous lawyers who try to justify their exorbitant fees by the length of their pleadings (much of which was cut and pasted from another pleading which they already charged for). The legal writing course in law school will gain new significance as well since law students will need to be trained not to “beat around the bush” but to go straight to the point.

Justice Abad may have graduated from a blue university and served as dean of a golden law school but he has turned out to be a green jurist.

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Legal Giants: Speaking of heroes, one centavo goes to the first Justice Cecilia Munoz Palma awardee – Jovito R. Salonga. His academic and legislative achievements are legendary: Bar topnotcher, Harvard LLM and Yale JSD, FEU law dean who authored books on evidence, corporation law and public international law, three-time No. 1 Senator, and Senate President who authored significant legislation such as the Code of Conduct and Ethical Standards for Public Officials and the Anti-Coup d’etat Act and the Anti-Plunder Law. And yet I thought that his best years came after his retirement where, as a private citizen, he continues to tirelessly campaign against corruption and for good governance. May I also give one centavo to those behind the Justice Palma foundation particularly the latter’s granddaughter and executive director, Emily Palma, for continuing to perpetuate not only the memory but the ideals and aspirations of an equally distinguished and patriotic Filipino.

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“Fiat justitia ruat caelum”

“Let justice be done though the heavens may fall”

– Written on top of the US Supreme Court buil-ding

Email: [email protected]

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ABAD

ACT AND THE ANTI-PLUNDER LAW

ANDRES NARVASA AND COLEGIO

ANTONIO NACHURA

JUSTICE

JUSTICE ABAD

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SENATE PRESIDENT

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