Friday, June 29, 2007

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?

Friday, June 22, 2007

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.

Great Pacific Life vs. CA

  G.R. No. 113899,  October 13, 1999   FACTS: A contract of group life insurance was executed between petitioner Grepalife) and DBP. G...