Posted on June 2, 2012

Today, I am reminded of why—

…the truth remains true that never have our people had greater need than today for great lawyers, and for young men and women determined to be great lawyers.

Great lawyers–not brilliant lawyers. A scoundrel may be, and often is, brilliant; and the greater the scoundrel, the more brilliant the lawyer. But only a good man can become a great lawyer: for only a man who understands the weaknesses of men because he has conquered them in himself; who has the courage to pursue his ideals though he knows them to be unattainable; who tempers his conviction with respect for those of others because he realizes he may be mistaken; who deals honorably and fairly with all, because to do otherwise would diminish him as well as them–only such a man would so command respect that he could persuade and need never resort to force. Only such a man could become a great lawyer. Otherwise, ‘what you are speaks so loudly, cannot hear what you say.’


Written by Jose Diokno to his son who was then to enter law school. 


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Posted on May 28, 2012

This is probably the only article from our Legal Theory class (under Prof. Laureta) that I understand, and it is not even a paper on legal theory.

On the copies he distributed to the law associates of his law firm he wrote:

To: The Associates

A sample of good writing- for emulation.

As William Emerson Maughan observed the surest way to develop style is to be “the sedulous ape to a master.”

When Students Outsmart the System

Posted on April 18, 2012

Remember that scene where Katniss sought to win the game and circumvent the system by strategically aiming for survival rather than by actively seeking victory by cutting the throats of the other players? And remember how the game master reacted by changing the environment to thrust her to actively play the game?

Welcome to the Hunger Games.

But this time, the players are not in a fully constructed and controlled environment, but controlled to a great extent, nonetheless.

The law students play in an environment of uncertainties where students are forced to be rough and tough, and the rules are changed as the master pleases. When the results wanted are not achieved, the environment is tweaked to force the students to act according to the liking of the administration.

And faithful to the story, the policies concerning winners could be changed according to popular demand. In the case of law school, the awardees for academic excellence can be deprived of their victory when public opinion may taint the achievement as pedestrian by the fact that there is no one sole survivor.  

The students have grown smart. They exceed their predecessors in terms of academic merits (by their own merits or otherwise), yet the administration, who are the predecessors, could not take the change and uphold the sporting idea of fair play. Such, they control what they can- the environment and the rules.  A quandary really- they who create and control the environment are responsible for the results and the rules, and yet they cannot honor the outcome of their own policies and actuations.

I think it need be reexamined, what for the Hunger Games?

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Posted on April 11, 2012

Another reason to look forward to graduating from law school is the freedom from the shackles of grades. I know how shallow this sounds, and much as I want to claim they have no bearing, they do. They do, big time! It matters to the those belonging in the highest to the lowest of tiers. It matters more to employers. Law school is not all about words; it is also about numbers.

“To my students: Please remember that your grade does not reflect your value as a person. It is at best an imperfect evaluation of your ability to comply with rigorous standards at a particular point in time. Your grade is merely a snapshot which does not even come close to representing who you are as a person. It is the person who matters.”

This could not be more true. It is at best an imperfect evaluation of your ability to comply with rigorous standards at a particular point in time.  Yes, 1) an imperfect evaluation of ability; 2) compliance (not measure of excellence) with rigorous standards; 3) at a particular point in time. A lot of factors determine excellence, brilliance, and greatness. And even a 100-item multiple choice exam is not enough a gauge. But it is a practical and necessary means of assessment and measurement. Law school is not a parable wherein efforts matter; efforts only matter if they result in good grades. 

But grades accumulated over time is not a measure of one instance of performance, but a multitude of and of endurance. Taking strategic outliers aside, it can be a fair representation of diligence, effort, discipline, dedication, and passion. All aspirational virtues that make a great lawyer.  Unfortunately, lousy tests and arbitrary Professors give an illusory meaning to grades. In such instances, grades is at best a measure of test-taking skill, and not of the ability of the mind to integrate and create. Lousy exams and arbitrary Professors make mediocre students. They are the greatest of disincentives.

Acknowledge though that grades do not only reflect the performance of the students but also of Professors. For Professors, grades can be used as tools to control the behavior and habits of their students. Professors do not have to spoonfeed and babysit the students, but they have the moral obligation to teach, guide, and be fair. Being fair is giving what is due to the students- in learning and in output. Satisfied customers never complain.

All this buzz for something of transient significance. Grades will be forgotten the soonest the first job is landed. By then, a lawyer is  to be measured shallowly still by numbers- success rate and economic quota. Maybe law school is training the students for what lies ahead- imperfect measure of worth, dutifully fulfilling requirements, and dealing with arbitrariness.  

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Do Not Fight with Law Students

Posted on April 11, 2012

Unless you are the administration.

I have witnessed this phenomenon several times during my stay in the College. Students are not shy to use verbosity and air discontent on matters relating to academic policies. Threads can run up to 100+ comments in a matter of minutes, with students throwing big words such as fairness and due process, which we learned from the supposed adversaries. Discussions can range from cerebral to emotional, discourse to bashing. Honestly, nothing can bring law students together like academic disputes. Not drinking, not parties, not school programs. Nothing like something that threatens our very standing in the College as law students.

Law students are a different breed. We detest noise, yet most of us love to hear the sound of our own voice. We abhor toddlers who run amok in our coffee shops, and teens who shriek over the latest Bieber songs. We feel entitled and special like that, that a public place should adjust to our needs, simply because the world does not understand the pains we are going through. Self-inflicted pain really; it is not as if the world stopped to cheer for us when we decided to enroll on our first year.    No one really cares much about lawyers except when disputes arise.

Yes, maybe we do swim best in a sea of disputes. But as when drowning, it is best to stay calm, keep our heads above the water, then swim for our lives. 

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The Incredible We are Capable of

Posted on April 1, 2012

The school year is about to take its final bow, and I am utterly overwhelmed at how swiftly it manifested itself- of how we were able to sit through countless classes, temper our nerves, plough through readings, devour words 24/7, and endure excruciating exams. The beauty of everything is in the learning, the conscious effort to live, and the appreciation of the incredible in every single moment. The 20/20 hindsight of how every mundane piece falls perfectly into place and how snippets of information weave themselves together to build knowledge. The hours of toil, the stress that could be measured by tons, the immeasurable dealings with the self.

The incredible we are capable of.

I am humbled with the incredibility of possibilities. 

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Posted on March 16, 2012

I am proud how the alumni have depth and sense.

“ i think this thread is a sad commentary on the current crop of students that my alma mater is educating right now. when i was in UP Law, the last issue that i would expect to be raised by any student is lack of parking space. and the last grumbling that i would expect to hear is that too many police officers are attending the POPLAW seminar series of the UP Law Center, which if you must know is the longest-running training program in the Law Center (its proponent and main advocate is Prof. Melo Sison) and most anticipated training event among the ranks of the police (and brgy law enforcers) because they admire the teaching style of our professors. i know this for a fact because my late uncle (killed in action) once told me that he avidly attends POPLAW ever since he entered the police force. and yes, he used to park his office-issued motorcycle in that same area, like they were told to by the Law Center.

“with all due respect, this is and should never be a legitimate issue in the College of Law of the University of the Philippines. and i would encourage the LSG to refrain from even bringing this issue up with the Law Center, since priority in the parking spaces surrounding Bocobo Hall has been given to guests and visitors as a matter of courtesy ever since that building was erected, in recognition of the fact that the UP Law Center caters to the general Filipino public as the national legal research, training and extension center of the Philippines.

“correct me if im wrong but the tuition fees in the College of Law do not cover payment for parking spaces, and, aside from slots reserved for administration and faculty, nobody can technically claim any entitlement to the parking spaces in either Malcolm or Bocobo Hall. the parking spaces are university property (yes, the College of Law is not a private school) and the university is a public chartered institution owned by the Filipino People, including the members of the state police force.

“sorry to go on like this but this just really offended my sensibilities as an alumnus (a very recent one). please do not up the ante by complaining about OLA’s indigent clients blocking the hallways of the first floor or guest bar reviewees occupying seats at the library. i do not know if you have been oriented properly but these are just some of the things that go along with a UP Law education, because the College of Law, by default, also serves as the national law school, being the only law school of the statutory National University. to reiterate, UP Law is a public school and i hope your issues and concerns, as well as the matters that the LSG will channel its time and resources to, can somehow be calibrated within that inescapable piece of fact.”

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Like Night and Day

Posted on March 2, 2012

There is this unspoken divide between the evening and the day students of the College. Even if both are under the same level of academic stress, neither is sympathetic to the other. It is as if there is an impenetrable wall between the two worlds of different time zones. If they meet in the corridors, neither would nod nor smile to acknowledge the other. Cross- enrollees are treated as intruders. The limited interaction between the two widens the gap. Each has no inkling of, or sadly oblivious to, the concerns of the other; whereas in fact, they are looking at each other through a glass door, even a mirror. They are more the same than different- in concerns and more so in hopes.

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Posted on February 29, 2012

A Professor approached me as I was wandering at the library.

“Have you heard the news?”

The bar results came out today and not a single UP barrister/passer secured a spot in the top ten. I heard this is the trending topic in the web. No examinee from the UP College of Law placed in the top 10 of the Bar exam.” The overall passing rate this year is the “highest in the millennium,” roughly around 32%. Gossips are floating around that Ateneo, San Beda, and UST all obtained a passing rate of 100%, while UP’s passing rate is at 97%. I do not know yet what to make of the supposed statistics. It is a relative improvement from last year’s bar performance, but how should I take this relative to the other law school’s performance this year?

I could sense the worry in the Professor’s voice, or perhaps it was utter disappointment. There was a hush in her voice, not merely because we were in the library, but maybe the bar outcome was below par, or at the very least below expectations.

“The students should really master the provisions and have the jurisprudence at their fingertips. They think that they are smart enough to work around with their knowledge of the laws, but that is not how the game is played anymore.”

Yes, UP Law students have to come down off their pedestals. We are not kings/queens anymore. We are not the frontrunners, nor the coveted new blood. We are beneath our own standard of excellence.

Note: I applaud all the passers. I know just how much work was put in to come out of this battle victorious. The barristers are not to blame. The game has changed, and UP Law has failed to be swift enough to ride the changes. Now is not the time to back down; our own brand of excellence will again reign!

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Anticipation

Posted on February 15, 2012

The results of the 2011 bar examinations are slated to be released on February 22, 2012, exactly a week from now. I am betting my inexistent bank account that the barristers will, from this night forth, be having sleepless nights, seven to be exact (or maybe eigth for how can anyone sleep when the dawn finally breaks?).

Well, were I in their place (which will be in two years’ time), I would definitely be paranoid about receiving text messages and answering calls. I would probably visit the Supreme Court website every hour until the inevitable happens. And of course, pray as if because my professional life depends on it. Gah! The pressure! And it is not even my turn yet! 

The schools must be experiencing the jitters too since most lay people base a school’s quality of legal education on the results of the bar examinations. No matter the lip service, numbers is the most objective of rulers. It may not say much, but at least it does not lie.

Nothing can be done at this point though, but to anticipate. The tests have been taken and presumably checked. Every barrister’s fate has been sealed; they just have to show up to claim it. 

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Posted on November 19, 2011

UP Law at 100 

Honor. Excellence. Leadership. Service.

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Posted on November 8, 2011

“Remember this, what you do in law school today will determine your life after you leave the Malcolm Hall. Your choices define you.”- Dean Salvador Carlota

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Posted on November 6, 2011

The season that crosses law graduates over the brink of insanity has officially begun- oh, bar examinations! The most feared and yet the most anticipated rite of passage by all aspiring lawyers, the bar examinations is welcomed pain and agony. But more than doom, it is salvation. It is the summation of all four and a half years of hard work and a lifetime’s worth of aspirations.

Go UP Law! 100% on the 100th year!

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Posted on September 21, 2011

An everyday affair for me, camping in the second floor UP law library.

If you like the smell of old books, of crisp pages that have to be gingerly turned, you definitely have to sniff our library.

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Law School is Dangerous to Your Health

Posted on July 28, 2011

Seriously, they should place this warning in the LAE application forms. Law school poses such hazard to your health, it is just as crazy as going to the Amazon without malaria shots.

Imagine yourself suffering from both insomia (you just must not sleep) and sleep apnea (you just can’t help but). There is also the high probability of indigestion (because of eating too fast), dehydration (from drinking too little), and hyper-acidity (well, drinking too much coffee). Of course, there is the combination of back pains (from carrying too much) and chest pains (from carrying too much emotional burden). Other manifestations include anti- social behavior, possible depression, and bipolarism. Include in the list hair loss, pimples, and fluctuating weight. And of course, expect to lose your 20/20 vision by your 100th case. And a nervous breakdown to start your week! 

Oh well, volenti non fit injuria.

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