The Millennium Development Goals Deadline is at hand...

by: Marianne Audrey C. Mahusay-Bonjoc

The eight Millennium Development Goals (MDGs) are targeted to be fulfilled on 2015. They are eradicating extreme poverty, achieving universal primary education, empowering women and promoting equality between women and men, reducing under-five mortality by two thirds, reducing maternal mortality by three quarters, reversing the spread of diseases especially HIV/AIDS and Malaria, ensuring environmental sustainability, and creating a global partnership for development, with targets for aid, trade and debt relief.

How close are we to fulfilling them? The United Nations secretary-General said that "We will have time to reach the Millennium Development Goals – worldwide and in most, or even all, individual countries – but only if we break with business as usual. We cannot win overnight. Success will require sustained action across the entire decade between now and the deadline. It takes time to train the teachers, nurses and engineers; to build the roads, schools and hospitals; to grow the small and large businesses able to create the jobs and income needed. So we must start now. And we must more than double global development assistance over the next few years. Nothing less will help to achieve
the Goals."

The only solution in attaining these goals is cooperation among every individual in the society by starting with the Local Government Unit specifically the Barangay. As presented in the report of MDG that these commitments should be moved from global to the local levels. There are so many things a barangay can do for the promotion and development of its locality. A small start can lead to big leaps, and one unit may influence the whole country.

Poverty sits at the door of countries with a low income economy which would mean having a Gross National Product per capita of $765 dollars or less. UN listed 50 countries belonging to such category. They are: Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Myanmar, Nepal, Niger, Rwanda, Samoa, São Tomé and Príncipe, Senegal, Sierra Leone, Solomon Islands, Somalia, Sudan, East Timor, Togo, Tuvalu, Uganda, Tanzania, Vanuatu, Yemen, Zambia.

Now the question would be of time limitation. Will the fifty countries be freed from poverty before the cock crows on the first hour of the first day of 2015? Noting the fact that poverty is just one of the eight goals UN is trying to fulfill.

I always believed that faith moves mountain and faith without works is dead. Now this can also be applied to achieving MDG. If everyone in the whole world believes that there is a solution to global problems, coupled with a hand in hand effort to attain such goal, hence, 2015 is far enough for the completion of the MDG!

All we need are dedicated and highly-energized leaders who have the heart to motivate their people and to encourage each of them to rise up, work and aim for a brighter future. Improvement and development are products of hard work, cooperation and resourcefulness of the members of a community. Such efforts would sprout into a colorful bud ready to bloom at the right time.

Who says the Millennium Development Goals cannot be achieved in 2015? I say it can, if we all do our part!

Poverty and The Millennium Development Goals

by: Brenda Lyn Babao

A great many of us are aware that we are not living like kings in the ancient times who live with all the luxuries that an affluent life can offer. This social problem extends globally. Poverty is a major problem which a lot other countries in the whole world are also facing. What is poverty? Why do we need to solve this issue? Poverty is hunger. Poverty is lack of shelter. Poverty is being sick and not being able to see a doctor. Poverty is not having access to school and not knowing how to read. Poverty is not having a job, is fear for the future, living one day at a time. Poverty is losing a child to illness brought about by unclean water. Poverty is powerlessness, lack of representation and freedom.

The United Nations realize the importance of solving this crucial problem. In September 2000, one hundred and eighty-nine UN member-countries, rich and poor alike, reaffirmed their commitment to peace and security, good governance, and the dedication to change the world so that many more may have enough to eat adequate shelter, access to education and health, and protection from violence. The Millennium Development Goals are a set of eight time-bound, concrete and specific targets aimed at significantly eradicating poverty by the year 2015. These targets include eradicating extreme poverty and hunger, achieving universal primary education, promoting gender equality and empowering women, reducing child mortality, improving maternal health, combating HIV/AIDS, malaria, and other diseases, ensuring environmental sustainability, and developing global partnerships for development.

To know what helps to reduce poverty, what works and what does not, what changes over time, poverty has to be defined, measured, and studied -- and even experienced. As poverty has many dimensions, it has to be looked at through a variety of indicators -- levels of income and consumption, social indicators, and indicators of vulnerability to risks and of socio/political access.

Since the Philippines first resolved to adopt the MDGs, it has made encouraging strides, particularly towards the attainment of targets on reducing extreme poverty; child mortality; the incidence of HIV/AIDS, tuberculosis and malaria; on improving gender equality in education; and improving households' adequate dietary intake as well as access to safe drinking water.

Attainment of these targets is a two-way process. It involves dual cooperation between the developing countries and those which are already developed. These targets are difficult to achieve. They are not one of those tasks which we can be accomplished overnight. Achievement of the MDG's requires rising above current trends and substantially accelerating progress . Both the developed and the developing countries need to scale up action. Each target is interconnected with the other. Whatever may good for one goal but not for another should not be employed. We don't dream merely of becoming developed but rather, we should be more driven to sustainable development.

However, whatever may be the methods each country shall employ in order to achieve these goals, every method should be for sustainable development. It will serve no purpose if we can eradicate poverty by the year 2015 and yet we will have nothing left for the next generation to enjoy but a totally devastated environment. The best legacy we can leave behind for the future generation is a place that is free of worries. A place that they will enjoy together with their own families. What we do today will help create a promising future. A generation where almost if not all are able to enjoy the joys in a classroom, the laughter of the youth, and the happiness of a family who can well take care of every member and sustain their needs to enjoy life in a clean and healthy environment.

Miners Association of the Philippines v. Factoran, Case Digest

G.R. No. 98332 January 16, 1995

Facts :

Former President Corazon Aquino issued Executive Order Nos 211 and 279 in the exercise of her legislative powers. EO No. 211 prescribes the interim procedures in the processing and approval of applications for the exploration, development and utilization of minerals pursuant to Section 2, Article XII of the 1987 Constitution. EO No. 279 authorizes the DENR Secretary to negotiate and conclude joint-venture, co-production, or production- sharing agreements for the exploration, development, and utilization of mineral resources.

The issuance and the impeding implementation by the DENR of Administrative Order Nos. 57 which declares that all existing mining leases or agreements which were granted after the effectivity of the 1987 Constitution…shall be converted into production-sharing agreements within one (1) year from the effectivity of these guidelines.” and Administrative Order No. 82 which provides that a failure to submit Letter of Intent and Mineral Production-Sharing Agreement within 2 years from the effectivity of the Department Administrative Order No. 57 shall cause the abandonment of the mining, quarry, and sand and gravel claims, after their respective effectivity dates compelled the Miners Association of the Philippines, Inc., an organization composed of mining prospectors and claim owners and claim holders, to file the instant petition assailing their validity and constitutionality before this Court.

Issue :
Are the two Department Administrative Orders valid?

Ruling :

Yes. Petitioner's insistence on the application of Presidential Decree No. 463, as amended, as the governing law on the acceptance and approval of declarations of location and all other kinds of applications for the exploration, development, and utilization of mineral resources pursuant to Executive Order No. 211, is erroneous. Presidential Decree No. 463, as amended, pertains to the old system of exploration, development and utilization of natural resources through "license, concession or lease" which, however, has been disallowed by Article XII, Section 2 of the 1987 Constitution. By virtue of the said constitutional mandate and its implementing law, Executive Order No. 279 which superseded Executive Order No. 211, the provisions dealing on "license, concession or lease" of mineral resources under Presidential Decree No. 463, as amended, and other existing mining laws are deemed repealed and, therefore, ceased to operate as the governing law. In other words, in all other areas of administration and management of mineral lands, the provisions of Presidential Decree No. 463, as amended, and other existing mining laws, still govern. Section 7 of Executive Order No. 279 provides, thus:
Sec. 7. All provisions of Presidential Decree No. 463, as amended, other existing mining laws, and their implementing rules and regulations, or parts thereof, which are not inconsistent with the provisions of this Executive Order, shall continue in force and effect.

Well -settled is the rule, however, that regardless of the reservation clause, mining leases or agreements granted by the State, such as those granted pursuant to Executive Order No. 211 referred to this petition, are subject to alterations through a reasonable exercise of the police power of the State.
Accordingly, the State, in the exercise of its police power in this regard, may not be precluded by the constitutional restriction on non-impairment of contract from altering, modifying and amending the mining leases or agreements granted under Presidential Decree No. 463, as amended, pursuant to Executive Order No. 211. Police Power, being co-extensive with the necessities of the case and the demands of public interest; extends to all the vital public needs. The passage of Executive Order No. 279 which superseded Executive Order No. 211 provided legal basis for the DENR Secretary to carry into effect the mandate of Article XII, Section 2 of the 1987 Constitution.

WHEREFORE, the petition is DISMISSED for lack of merit.

La Bugal-B'Laan Tribal Assn vs Ramos Case Digest

G.R. No 127882

Facts :

On July 25, 1987, then President Corazon C. Aquino issued Executive Order (E.O.) No. 2796 authorizing the DENR Secretary to accept, consider and evaluate proposals from foreign-owned corporations or foreign investors for contracts or agreements involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, which, upon appropriate recommendation of the Secretary, the President may execute with the foreign proponent.

On March 3, 1995, then President Fidel V. Ramos approved R.A. No. 7942 to "govern the exploration, development, utilization and processing of all mineral resources." R.A. No. 7942 defines the modes of mineral agreements for mining operations, outlines the procedure for their filing and approval, assignment/transfer and withdrawal, and fixes their terms. Similar provisions govern financial or technical assistance agreements.

On April 9, 1995, 30 days following its publication on March 10, 1995 in Malaya and Manila Times, two newspapers of general circulation, R.A. No. 7942 took effect. Shortly before the effectivity of R.A. No. 7942, however, or on March 30, 1995, the President entered into an FTAA with WMCP covering 99,387 hectares of land in South Cotabato, Sultan Kudarat, Davao del Sur and North Cotabato.

On August 15, 1995, then DENR Secretary Victor O. Ramos issued DENR Administrative Order (DAO) No. 95-23, s. 1995, otherwise known as the Implementing Rules and Regulations of R.A. No. 7942. This was later repealed by DAO No. 96-40, s. 1996 which was adopted on December 20, 1996.

On January 10, 1997, counsels for petitioners sent a letter to the DENR Secretary demanding that the DENR stop the implementation of R.A. No. 7942 and DAO No. 96-40, giving the DENR fifteen days from receipt to act thereon. The DENR, however, has yet to respond or act on petitioners' letter.

Petitioners claim that the DENR Secretary acted without or in excess of jurisdiction.

They pray that the Court issue an order:

(a) Permanently enjoining respondents from acting on any application for Financial or Technical Assistance Agreements;
(b) Declaring the Philippine Mining Act of 1995 or Republic Act No. 7942 as unconstitutional and null and void;
(c) Declaring the Implementing Rules and Regulations of the Philippine Mining Act contained in DENR Administrative Order No. 96-40 and all other similar administrative issuances as unconstitutional and null and void; and
(d) Cancelling the Financial and Technical Assistance Agreement issued to Western Mining Philippines, Inc. as unconstitutional, illegal and null and void.

Issue :

Whether or not Republic Act No. 7942 is unconstitutional.

Ruling :
The Court finds the following provisions of R.A. No. 7942 to be violative of Section 2, Article XII of the Constitution and hereby declares unconstitutional and void:

(1) The proviso in Section 3 (aq), which defines "qualified person," to wit:
Provided, That a legally organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit, financial or technical assistance agreement or mineral processing permit.

(2) Section 23, which specifies the rights and obligations of an exploration permittee, insofar as said section applies to a financial or technical assistance agreement,

(3) Section 33, which prescribes the eligibility of a contractor in a financial or technical assistance agreement;

(4) Section 35, which enumerates the terms and conditions for every financial or technical assistance agreement;

(5) Section 39, which allows the contractor in a financial and technical assistance agreement to convert the same into a mineral production-sharing agreement;

(6) Section 56, which authorizes the issuance of a mineral processing permit to a contractor in a financial and technical assistance agreement;
The following provisions of the same Act are likewise void as they are dependent on the foregoing provisions and cannot stand on their own:

(1) Section 3 (g), which defines the term "contractor," insofar as it applies to a financial or technical assistance agreement.

Section 34, which prescribes the maximum contract area in a financial or technical assistance agreements;

Section 36, which allows negotiations for financial or technical assistance agreements;

Section 37, which prescribes the procedure for filing and evaluation of financial or technical assistance agreement proposals;

Section 38, which limits the term of financial or technical assistance agreements;

Section 40, which allows the assignment or transfer of financial or technical assistance agreements;

Section 41, which allows the withdrawal of the contractor in an FTAA;
The second and third paragraphs of Section 81, which provide for the Government's share in a financial and technical assistance agreement; and

Section 90, which provides for incentives to contractors in FTAAs insofar as it applies to said contractors;

When the parts of the statute are so mutually dependent and connected as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that if all could not be carried into effect, the legislature would not pass the residue independently, then, if some parts are unconstitutional, all the provisions which are thus dependent, conditional, or connected, must fall with them.

WHEREFORE, the petition is GRANTED.

A Reaction on Hon. Artemio V. Panganiban’s

Ready for the Bio-age
By: Marianne Audrey C. Mahusay

The National Academy of Sciences put DNA at work. The task: To catch a criminal! The science of identifying individuals using DNA sequences is very clear, and the probability of scientific error is extremely small. As a result, DNA evidence has been used to help identify perpetrators of crimes and to exonerate innocent people before they become suspects.

Here goes another challenge to the Philippine judiciary system. The Bio-age! The question is “Is the Philippines ready for this?”

I was amazed with the independent functions bestowed upon the Judiciary branch of the Philippine Government, listed by Hon. Artemio V. Panganiban in his article. These are not only functions these are powers that can be very useful in research and application of the new breakthroughs in science and technology which can be tools for a better implementation of truth and justice.

The Philippines has gone a long way in terms of technology. It won’t surprise me if one of these days, the Judiciary will announce new and advanced method in the presentation of evidences in the court. There is always a room for change and development which I believe is possible in our country. And the Supreme Court is finding ways and means to keep up with the pace.

With the power vested on the highest court of the land, it can promulgate rules on the use of technological advancements as evidences in court such as DNA fingerprinting, the use of genes and the admission of biotechnology and genetics.

We’re almost there!

A Reaction to Senior Associate Justice Josue N. Bellosillo's

The Legal Profession in the 21st Century:
Survival or Extinction?

by: Marianne Audrey C. Mahusay

I once was told that there are two factors to attain success. One is the Rider and the other is the Horse. Both should compliment with each other. In this essay, Senior Associate Justice Josue N. Bellosillo is citing a dead horse. When you discover that you are riding a dead horse, the best strategy is to dismount. But let us take a look at it this way: What if the horse runs so fast and the rider just can’t control the speed? Chances are, the rider will be dragged down or worst be left behind by the horse.

The 21st Century differs a lot from the previous era where cellular phones and lap tops were just dreams and visions of the inventor. Now, they are real. They exist and people are enjoying the convenience that these technologies bring.

Where do lawyers fit in?

Are the lawyers coping up with the fast changing times? Are they still the one in control of the horse? Or are they starting to be dragged down?

Continuous learning is important in this field. As Justice Belosillo pointed out, “We must learn the skills required of us. We must determine our personal and professional core values, which may include continuing lifelong legal education and learning, competence, integrity and industry and attunement with current social developments… We must be able to identify our core services – services that have real value to our clients and to ourselves, services that are performed not only for material profit but for their intrinsic value to the individual and the community.”

Coping up with the changes of the 21st Century is important, however, lawyers must not forget their core values. It is a must for them to once in awhile, look back on the Code of Professional Responsibility which is the heart of lawyering. It is the road map to success in the practice. It doesn’t matter how big the change in the society is, if lawyers just keep the code in their hearts and mind, there would be no problem facing the challenges in the 21st century.

The secret is, if the horse is dead – DISMOUNT! But if the horse is fast enough – COPE UP!

Amendment and Revision

ARTICLE XVII
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.
In an article entitled “People's Initiative: Amendment, Revision and the Political Question “ written by Dean Jorge Bocobo, he differentiated Amendment from Revision by identifying the different Constitutions in Philippine History. The article is as follows:
In considering the Sigaw ng Bayan Petition that is now before the Supreme Court, and the Proposal for Unicameral Parliamentary system, I have come to a number of preliminary formulations that may have some bearing on the Supreme Court case that was the subject of yesterday's Oral Arguments at Padre Faura:

CONSTITUTIONS are coterminous with the POLITY or political regime that establishes them as the "basic law of the land" (which may be Republics or Dictatorships or other forms of government.)
REVISIONS produce new Constitutions and establish new political regimes. AMENDMENTS do not.

SUPREME COURTS are coterminous with the Constitution that creates and establishes them to be the authority that interprets its meaning as the Basic Law and decides cases brought before it.

POLITICAL QUESTIONS are NON-JUSTICIABLE cases that are beyond the jurisdiction, competence or ability of even the Supreme Court to decide. For example, Supreme Courts cannot logically question the legitimacy of the Constitution that created them. The so-called Political Question Doctrine holds that it would be a meaningless, inconsistent, contradictory and unacceptable self-referential invalidation for a Supreme Court to even take up the validity or legitimacy or Constitutionality of the revolution, coup d'etat, or other political process that established that Constitution and the Court.

I believe that as a general rule cases and controversies arising from AMENDMENTS to the Constitution are JUSTICIABLE and not POLITICAL QUESTIONS. But the circumstances, processes and politics that establish NEW Constitutions, including REVISIONS, are beyond the jurisdiction of even the Supreme Court, whose very existence is extinguished with the OLD constitution. There are other cases that are clearly nonjusticiable, such as those that involve the Separation of Powers doctrine.

In order to develop a useful distinction between the technical terms AMENDMENT and REVISION in the 1987 Constitution, I think it helps to identify each of the different Philippine Constitutions in our history and associate it with the Republic or polity it established. By my count, we have had four of them since Spain left: The Malolos Constitution and the First Philippine Republic (June 12, 1898), which was conquered and "colonized" the by United States; the Commonwealth Constitution and Second Philippine Republic (1935); the Marcos Martial Law Constitution (1973) and the "Third Republic" which featured a puppet unicameral Parliament; the Cory Constitution (1987) and the present "Fourth Republic" of the Philippines, counting by the recognized Constitutions.

Clearly, Constitutions are COTERMINOUS with readily identifiable political regimes in history. Above, I have identified four such regimes and their unique Constitutions. This identifcation is the basis of the distinction I wish to propose between AMENDMENT and REVISION.

Let me DEFINE each of the four Constitutions mentioned above as a REVISION of the Constitution that came before it, or whatever served as the "basic law of the land" in the previous political regime that each one supplanted. If we agree to this definition then we may say that an AMENDMENT is any other change to the basic law of the land that does not establish a new political regime as they did.

How useful is the above distinction?

Basic to the present controversy is the following Article of the 1987 Constitution which clearly restricts the REVISION of the Constitution to elected representative bodies: only Congress acting as a Constituent Assembly or a Constitutional Convention (Section 1)--but not for the innovative People's Initiative mode (Section 2).
Under the above terminology, the People's Initiative proposal to adopt a Unicameral Parliament is an AMENDMENT.

It has been argued that the proposal is tantamount to a REVISION of the charter and does not constitute an AMENDMENT to it because it represents such a major change in the form of government. (This of course is based on a different, UNKNOWN definition of the two terms.)
Amendment refers to isolate or piecemeal change only as distinguished from a revision, which is a revamp or rewriting of the whole instrument. Thus there was a mere amendment of the Constitution of 1935 when the term of office of the President of the Philippines was changed from six to four years. But there was a revision when the constitutional convention of 1971 rewrote the entire document and produces the Constitution of 1973, which was in turn revised with the adoption of the present constitution. (Isagani A. Cruz, Philippine Political Law, 1996 ed.)
According to Joaquin G. Bernas, “An amendment envisages an alteration of one or few specific and separable provisions. The guiding original intention of an amendment is to improve specific parts or to add new provisions deemed necessary to meet new conditions or to suppress specific portions that may have become obsolete or that are judged to be dangerous. In revision, however, the guiding original intention and plan contemplates a re-examination of the entire document, or of provisions of the documents which have over-all implications for the entire document or for the fundamental philosophical underpinnings of the document, to determine how and to what extent they should be altered. Thus for instance a switch from the presidential system to a parliamentary system would be a revision because of its over-all impact on the entire constitutional structure. So would a switch from a bicameral system to a unicameral system be because of its effect on other important provisions of the Constitution. Similarly, an abandonment of term limits would be a radical departure from the philosophical intent of the 1987 Constitution which seeks to disperse political power.
It is thus clear that what distinguishes revision from amendment is not the quantum of the change in the document. Rather, it is the fundamental qualitative alteration that effects revision. “
Courts have long recognized the distinction between an amendment and a revision of a constitution. One of the earliest cases that recognized the distinction described the fundamental difference in this manner:
[T]he very term "constitution" implies an instrument of a permanent and abiding nature, and the provisions contained therein for its revision indicate the will of the people that the underlying principles upon which it rests, as well as the substantial entirety of the instrument, shall be of a like permanent and abiding nature. On the other hand, the significance of the term "amendment" implies such an addition or change within the lines of the original instrument as will effect an improvement, or better carry out the purpose for which it was framed.35 (Emphasis supplied)
Revision broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution. On the other hand, amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved. Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended.
_____________________________________
Lambino vs. COMELEC
Amendment or Revision?
One last matter to be considered is whether the petition may be allowed under RA 6735, since only amendments to the Constitution may be the subject of a people's initiative.
The Lambino petition cannot be considered an act of revising the Constitution; it is merely an attempt to amend it. The term amendment has to be liberally construed so as to effectuate the people's efforts to amend the Constitution.
As an eminent constitutionalist, Dean Vicente G. Sinco,9 explained:
Strictly speaking, the act of revising a constitution involves alterations of different portions of the entire document. It may result in the rewriting either of the whole constitution, or the greater portion of it, or perhaps only some of its important provisions. But whatever results the revision may produce, the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. That intention and plan must contemplate a consideration of all the provisions of the constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one.
The act of amending a constitution, on the other hand, envisages a change of only a few specific provisions. The intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. The intention rather is to improve specific parts of the existing constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seem obsolete, or dangerous, or misleading in their effect.
In this case, the Lambino petition is not concerned with rewriting the entire Constitution. It was never its intention to revise the whole Constitution. It merely concerns itself with amending a few provisions in our fundamental charter.
When there are gray areas in legislation, especially in matters that pertain to the sovereign people's political rights, courts must lean more towards a more liberal interpretation favoring the people's right to exercise their sovereign power.
Lambino v. Comelec: The Initiative Violates Section 2, Article XVII of the Constitution Disallowing Revision through Initiatives...By any legal test and under any jurisdiction, a shift from a Bicameral-Presidential to a Unicameral-Parliamentary system, involving the abolition of the Office of the President and the abolition of one chamber of Congress, is beyond doubt a revision, not a mere amendment. (http://philippinecommentary.blogspot.com/2006/10/revision-or-amendment-revision.html )

A Reaction Paper to Hon. Josue Bellosillo's "Young Lawyer's Move On..."

by: Marianne Audrey C. Mahusay - Bonjoc


Why do I want to become a lawyer? I asked myself this question after I read the essay of Hon. Josue N. Bellosillo. Do I really want to become one?

After a moment of reflection, I realized that my reason of entering law school is for me to achieve a dream i have long been carrying. To place a tag of ATTY. before my name. But there is a deeper reason why i want to be part of the legal world. I want to help change people's lives. I want to correct the wrong doings of mankind and iron out the perception of Justice being meant only for the affluent. The poorest of the poor live in a belief that there is no chance of them being heard thinking that they have no space in this world. Isn't the law made for everyone? Is it not also made for the penniless creatures in society? I believe that correct practice of the legal profession could change this misconception.

Being a lawyer is not just earning money. It is not just gaining prestige. It must be a commitment to pursue the calling with utmost rationality, honesty, integrity and dedication. But, as Hon. Bellosillo said, “you must first reconstruct yourselves by deconstructing your lives. Reject and discard what is wrong, wicked and false. Center instead on what is central and essential to man. For the overall effect of a life well lived, is a transformation in culture, a deep orientation away form the imperial heroics of progress and futurism towards an appreciation of a rich past and renaissance of an old wisdom.” I have always believed that transformation and reformation starts from within. It starts not with other people but from within me. Change is what i want, then change is what i will give. And being a law student aiming to be a lawyer is a big opportunity to create that change in the society.

The Code of Professional Responsibility is a helpful guide for lawyers. It must be learned by heart and be applied in the daily interactions of an attorney. As a young lawyer, one should master this code and carry it with him in his heart and mind. By doing so, he will never go wrong. He will be respected, adored and be looked upon by many. He will be followed and be imitated by the younger generation, then change will start to spread out.

If God allows me to be the lawyer that I've long been dreaming, i will do as Hon. Josue Bellosillo stated, “as young lawyers, make a good and meaningful start, then move on and share in the unfolding of the Divine Plan for the whole mankind. For it is only in sharing with others your spirit, your heart, your mind, your soul – by giving strength to the weak, voice to those who have none, and hope to the hopeless – that you will find genuine meaning and substance in the law profession. Then you will know – truly know – what it takes to be an authentic lawyer...”

Well, i still have a long way to go!

Atty. Jose Victor V. Chan-Gonzaga's

Lawyering @ the 21st Century:
Globalization, ICT and the Legal Profession


A Reaction Paper by: Marianne Audrey C. Mahusay-Bonjoc

Are the Filipino lawyers ready to battle with the on going technological changes happening everyday? How fast are they to cope up with the rapid developments of the IT world? Can they compete with what a single click of the mouse can do? How far can their legal services go? Have they gone global? Or are they stuck locally due to the country’s implemented limitations?

Cebu has developed in terms of Trade and commerce. A lot of IT Industries are blossoming in every part of the City. Not just in Cebu, it reaches far North, and even South. Traditional manufacturing companies are slowly being removed and replaced with these big earning rookies.

As my previous company would say, “Internet is where the business is!”. Focus Interactive Outsourcing offers a website that can be likened to SM City. There, the customer would find links to all stores selling products that they need: shoes, bags, apparels, electronics, medicines, groceries, beauty products, and even vacation to the different places in the world. All it takes is a click of the mouse. Purchasing and payments are all made online. SM City alike, inside the internet. Now the convenience of shopping can be found at home this is because the internet has started to grow in the local arena. It has been used by big companies as well, in trade and commerce, communication and research.

Are we ready for that?

If it is possible for my previous company to outsource the business from Cebu to Australia and New York, and communicate with those foreign clients through the net, it would then be possible for Filipino lawyers to extend their legal services outside the Philippines or be affiliated with the world known law firms. Especially now that part of the world’s top ten corporations are sprouting in the country, the foreign owners would then need legal advisers and to note that they do have their own attorneys back home. Facing the fact that they cannot bring in their private lawyers in the Philippines as Atty. Chan-Gonzaga in his essay pointed out that “a complication, therefore, arises in view of the Philippine Constitution’s rule that only those admitted to the Philippine Bar and are members of good standing thereof, may practice law in the Philippines. While it may be argued that the foreign lawyer is not practicing law in the Philippines since he is not physically or is giving advice only on international legal issues, such argument may inconsistent with the rationale for requiring prior admission to the bar before being able to practice.” Where practice of law is to give advice or render any kind of service involving legal knowledge or skill.

One aspect pointed out by the author is the that it cannot be denied that local clients draw more on the expertise and experience of foreign law firms, particularly with respect to issues on international sale, trans-continental, multi-modal transportation, anti-trust and regulatory matters, multi-jurisdictional taxation, and even simple choice-of-law considerations. This is so, because these foreign law firms are advanced when it comes to globalization legal issues.

How then can our country cope up with the fast paced Globalization? What about our legal profession? I agree with Liberalizing the Legal Profession because we would surely come to that point where the necessity to have foreign lawyers practice in our territory arises. The barriers of citizenship requirements and the lack of recognition of professional qualifications will soon be clarified by mutual recognition agreements, as Atty. Chan-Gonzaga stated.

It is indeed a must for Law Universities in the Philippines (as what our University is doing…) to equip future lawyers with information, knowledge and skills not just with the Philippine laws found in the constitution but also with the current trends. The technology most especially, will be given a heavy weight. Who knows, in five to ten years, court hearings will be done through video conferencing and evidences and investigation results will be presented using computers and the internet? I don’t want to be left out… what about the others?

First Legal Assignment

The Role of Lawyers and Law Students in this Ever Changing World
By: Marianne Audrey C. Mahusay - Bonjoc


I have always been fascinated with Lawyers ever since I was in highschool. I admire the convincing power that they possess. They carry with them "influence and control" over the people.

In this changing world, the big role of the Lawyers is to use that influence to convince people to do what is right and good according to what is written in our Constitution. Lawyers are advocates for strict and faithful implementation and observance of our laws. They must teach respect to everyone's rights as citizens and as ordinary individuals of the state. In doing so, they themselves must practice what they learned in their day to day living.

The Lawyers have knowledge of the law and they know by heart what is right. Campaigning to do what is correct starts from the “self”. Should all the lawyers desire to do what is proper and persuade others to the same, coping up with the changing world won’t be difficult. It is in abiding to the rules where peace and harmony would prevail.

The Law students being given the opportunity to study the laws of the land must learn them by heart and start within themselves to practice the established set of rules. The big role is to share these things to the society. Becoming part of groups who are environmentally concerned can be a tool for campaign. If the law students start to practice implementing and enforcing what they learned in school, they will be bringing these when they become lawyers in the future. Having good and ethically filled lawyers helps a lot in coping up with this ever changing world.