Tuesday, February 28, 2006

Statement of the UP LSG

We, the University of the Philippines Law Student Government, in light of the recent events and confusion which has gripped our Country in the past few days, make this statement:

Gloria Macapagal-Arroyo’s declaration of a “state of national emergency” is a mere superfluity, as formerly held by our Supreme Court. Her declaration served only to confuse and scare the public. Moreover, Proclamation 1017 simply outlined her powers and merely emphasized that she, as the president, is not afraid to use them. Yet, the declaration, being only superfluous, and the proclamation, being confusing and frightening, are not bases for a declaration of unconstitutionality.

But this does not mean we do not condemn the acts of the Executive. What is reprehensible is the abuse of the Executive of its powers with respect to making arrests and meddling with our constitutional rights to freedom of speech and _expression.

Whether the proclamation was purposefully calculated to be vague, we can only speculate. But the president should realize by now what a dangerous animal she unleashed last Friday. Its vagueness paved the way for confusion as to its meaning and implementation, even within the Administration itself. It paved the way for arbitrary arrests and baseless attempts to influence media broadcasts. It paved the way for suppression of our constitutionally granted freedom to participate in rallies and peaceable assemblies. The NTC’s and the military’s acts and “pleas” for “balanced” reporting, which in effect intervene in the workings of the press, constitute prior restraint on free speech. Any attempt to influence the content of news reports is an affront to the spirit of our Constitution – a Constitution which was specifically drafted as a reaction to the abuses and disregard for basic human rights during the Martial Law regime and to protect us exactly from situations such as this.

We call on our fellow students of law not to stand idly by while the highest office of the land cannot fulfill its mandated duty to uphold the Constitution. One cannot be allowed to hide behind policies pursuant to improving national economy while trampling on our citizens’ Constitutionally protected rights. It is our duty and our right to let our voices be heard. No order or proclamation can rob us of that.

Thursday, February 23, 2006


The UP LAE results are out.

The list is posted on the board in front of the OCS.

Friday, February 17, 2006


we finished counting the votes at 3AM, the last of us got home at 4AM, but at least the UP Fair was still up and at it when we left malcolm hall.

  • Christina Faye Condez - 246
  • Juan Carlos Leus - 111
  • Abstain - 70
Vice President
  • Lorybeth Baldrias - 339
  • Abstain - 88
  • Ma. Isabel Laluna - 152
  • Faustina Victoria Ochoa - 248
  • Abstain - 27
  • Hardy Aquende - 239
  • Carlo Olivar - 145
  • Abstain - 43
  • Elgene Lawrence Feliciano - 211
  • Ian Niccolo Tobia - 143
  • Abstain - 73

the EJT tally sheets have been posted on the EJT board :D

Thursday, February 16, 2006

Ask Scaebolah! # 5 - The (Late) Valentines Day Edition

It is February once again, my dear readers, and that could only mean one thing. There will be roses a plenty, and the usual share of rejected suits, motions for reconsideration, appeals, and petitions for certiorari.

Law students, despite all the perils of their training, should give their strangled hearts a chance. To paraphrase an old friend: Remember that knowledge of the law is but a part of your legacy. Malcolm Hall is also home to Courage, to Belief, and to Romance. Yes, never ever forget the Romance.

Dear Scaebolah,

I think I’m falling for a guy. What should I do? Is it so bad that he’s my blockmate?

- Infatuated

Dear Infatuated,

That depends entirely on your blockmate. The applicable principle is, “If hot, then why not?” Neither the law nor public policy frowns upon blockmates, classmates, or just plain schoolmates from being involved. The Supreme Court has subscribed to the notion truism that the heart has reasons of its own which reason does not know, and has held that “yielding to this gentle and universal emotion is not to be so casually equated with immorality” (Chua-Cua v. Clave GRN 49549 August 30, 1990). However, if he already looks like a Supreme Court Justice…then he better be really smart and loaded.


Dear Scaebolah,

What should I prioritize? Law or love?


Dear Conflicted,

They say that law is a jealous mistress. Which is just a fancy way of saying that it is hell on relationships. Indeed, many a good couples have fallen to the strain and sacrifice that the profession demands.

It is doubtful if the law can offer an answer of its own status relative to love, beyond mere self-serving assertions. And so we must turn to my other muse, Literature. In Erich Segal’s Love Story, perhaps the de jure best book concerning romance between law students in love, the following Walt Whitman poem is recited:

”...I give you my hand! I give you my love more precious than money, I give you myself before preaching or law (emphasis mine); Will you give me yourself? will you come travel with me?
Shall we stick by each other as long as we live?”

The answer, based on the text, is quite obvious. Love always before law.


Dear Scaebolah,

I just broke up with my boyfriend and it hurts so much. What can I do to ease the pain?


Dear Hurting,

Start reading and memorizing the provisions of The Rules of Court. This should kill off parts of your autonomous nervous system, and dampen your capacity for emotions. Do not, however, go as far as Special Proceedings, for that will cause you to go into a coma.


Dear Scaebolah,

What should I look for in a guy?


Dear Searching,

Fortunately, the law provides you a ready made standard, that of a Reasonable Man, also known as the Prudent Man, or the Ordinarily Reasonable, Careful, and Prudent Man. At his best, the reasonable man is almost perfect. At worst, he’s just like the rest of us. Sounds like a pretty good arrangement to me.

He will make a pretty swell boyfriend, husband, and father. The Reasonable Man “drives women to their doorsteps, regardless of the personal peril that it may entail.” (Tullgern v. Amoskeag Mfg. Co., 133 A. 4 (N.H. 1926)). He never makes “an excessive demand upon his wife, his neighbors, his servants, his ox, or his ass” (Farrell v. Potts); He never swears gambles or loses his temper. He uses nothing except in moderation, and even while he flogs his child is meditating only on the golden mean (A.P. HERBERT, The Uncommon Law ). The Reasonable Man is also quite knowledgeable about the peculiar propensities of small children. He recognizes that children seldom heed advice, and often do silly things, (RESTATEMENT SECOND TORTS 9 290 cmt. j. (1977).)

Of course, he’s been known to do crazy things every now and then. Holmes suggests that a reasonable man gets out of his car at every railroad crossing to check for oncoming trains (Baltimore & O.R.R. v. Goodman, 275 U.S. 66). He might leave you to die although he could have saved you.(Sidwell v. McVay, 282 P.2d 756, 759 (Okla. 1955)). Alas, not everything proceeds as in a romance novel, either in life or in law. Still, you have to admit that the Reasonable Man is still a world ahead of the rogues and scoundrels in the scene these days. The very best luck in finding him!


Wednesday, February 08, 2006

2006 FINAL LSG Election Schedule

The EJT has decided to move election day.

The 2006 LSG Election will now be held on 16 FEBURARY 2006 (THURSDAY).

The FINAL SCHEDULE is as follows:
  • FEB 11 (saturday)
    • Last Day of Campaigning
  • FEB 13 (monday)
    • 12nn - Moratorium
  • FEB 15 (wednesday)
    • 5pm - Convocation
  • FEB 16 (thursday)
    • 9am - 10pm -ELECTIONS
  • FEB 17 (friday)
    • Posting of Election Results