The Ten Commandments in Answering Bar Exam Questions (By Atty. R.A. Sarmiento)

The Ten Commandments

in Answering Bar Exam Questions

by Atty. Ralph A. Sarmiento (10th placer, 1997 Bar Exams)

I.

Thou shall not abandon your common sense.

II.

Thou shall leave your personal biases at home.

III.

Thou shall answer only what is being asked.

IV.

Thou shall not invent facts.

V.

Thou shall write legibly and clearly.

VI.

Thou shall not write unduly long answers.

VII.

Thou shall not brag about your legal knowledge.

VIII.

Thou shall not criticize the problem.

IX.

Thou shall always state the legal basis of your answer.

X.

Thou shall not make an unjustified conclusion.

Cordillera Day Tree Planting at Mt. Cabuyao

We were expecting a typhoon (and I'm supposed to stand-by for disaster-rescue as part of the LGU, if ever) but still,  I reminded Dan, Aby and some friends early in the morning about what we will be doing this Cordillera Day- We will be planting trees!  

From La Trinidad, we made it to the Green Valley Junction and rode a Sto. Tomas-bound Jeepney  up to the turning point, had some coffee at a nearby store, and went walking up to the police station. After which, we rented a taxi to Kabuyao Elementary School. We're not yet late (to our surprise) so we decided to look around. This majestic view near their bathroom is truly unexpected:
There were many participants which include the organizers (Cordillera Conservation Trust), the PNP-Cordillera, the CENRO staff, a group of Mountain-trekkers, a Muslim Organization, Media People, CS/NGOs, and concerned citizens like us :) 

 After some few reminders from the organizer's Director, Mr. JP Alipio, we proceeded to the destroyed area in an attempt to restore/reforest it. ( Picture below are the famous electric fans of Sto. Tomas which are responsible for Baguio City's cool climate :) hehe )

When we got there, everyone realized that the damage is not really exaggerated. Its true; there were kilometers and kilometers of excavations where trees (more than thousands of trees, not just 761) were felled, and which caused boulders of rock to rage on the streams below. One does not need to be an environmentalist to be alarmed and be enraged. We are now witnesses to the atrocities of a Lawyer-Lawmaker-Lawbreaker who's greed must have eaten his soul.

We planted trees in the middle of the road in hopes of reforesting it.We realized that this would give us more stake or ownership of the forest or the reservation, and ultimately teach us to protect it. 

(Pic Below shows a gentleman from Sudan who is helping 'us' save 

the forest which gives us water)

(Hoping for resurrection!)

Dan (photograper), Aby, and I (all struggling bloggers except for Dan), decided to explore the reservation after the activity. We decided to go down and follow the river!

We got lost! (but that's another story). What's important is that we emerged from a 6 hour walk/climb/trek and found the main road. This day was well spent! (Baguio view from Mt. Cabuyao)

"Green is the prime color of the world, and that from which its loveliness arises." - Pedro Calderon de la Barca

(All pictures used courtesy of blogger/writer, Dan Feliciano..:)

Year 2014

Year 2014

I’m a 2-1-4 guy (Feb.14 or 2/14). When I bet on the lottery, I always bet on these numbers. 214 or “Am I real?” (2-am, 1-I, 4-real) is one of my favorite songs. Most ID nos. that were issued to me revolved around or contained these numbers. That is why it is no surprise that I view 2014 as “my” year.

Last year, I imagined everything in my favor for the upcoming year; finish Law and take the 2014 Bar examinations, complete my masters, and take my Phd, take a good appointive position, invest on something, and perhaps, live the life I earned. The year 2014, without a question ‘should’ be ‘my’ year.

Fate, or some divine hands must have had a different opinion. To my shock, I found out that I will be a father to a sweet little boy. Although I won’t ever regret such happening, the incident complicated a lot of things –relationships, work, connections…name it. Even though I won some small battles, a string of unforeseen events made me think that I will, imminently, lose the war; a judge failed me two times in a subject which is likened to a P.E. subject of the undergrad, my masters adviser had a research at Tacloban and no adviser was available, I turned down an appointive position because I expected to take the 2014 Bar, I lost time, money, and even property in the most inconceivable and most funny way possible to my deep regret and distress. It seems that the coming 2014, or its anticipation, is a curse to me.

Maybe it’s that clutter that made me stop for awhile in my teaching job, and to plea for a ‘roving’ schedule in my community service position. Although I have remedied most of my troubles, the 2014 timeline I spoke of and expected was delayed. For weeks I stayed at home and have gotten myself consistently drunk to forget the stress and depression of it all. I was a mess. A failure.

Then one morning, Vash, my little boy, crawled to me and looked at me with pleading eyes. In that moment, I understood what he meant; In all the years I had, I maintained the moonlight bandit that I am, the selfish prick who disregarded emotions after emotions, and the egoistic gunslinger who’d put his fun first before obvious priorities. I realized that 2014 is not really for me, but for others…most especially my boy.

Maybe that is the plan, the purpose of this surprising chaos: so I can spend my 2014 days baby-sitting. A year to be spent playing with him, feeding him, changing his diapers, and rushing to bath him on lazy mornings. Maybe all those things happened because this year is supposed to be a time for me to watch him do his own battles - his first crawl, first words, first steps...

Maybe I really owe this year to him, because maybe, it is  ‘his’ year and not mine.

Evil "Men of God"

A Pastor assigned in a Pentecostal church in Benguet was arrested a couple of months ago for rape, sexual assault, and acts of lasciviousness. The victim was a 19-year-old church worker and worse, his counselee. The sexual exploits were committed between September 2012 to August 2013 and within the pastoral house even when church activities are going on. These horrible and revolting actions of a “servant of God” prompted a petition by pastors and church workers in the Pentecostal Church of Baguio-Benguet to condemn the said acts.

News about “Men of God” not practicing what they preach is not new. Just recently also, a pastor was nabbed in Pico, La Trinidad town on April 2014 after selling “shabu,” to an agent. Years ago a church leader was involved with a Pyramiding Scam which siphoned church funds to unknown pockets. Or let us not forget the news about some priests in some remote places in the Cordillera who have sexual relations with their church members or parishioners. Or let us recall the ‘Vatican Scandal’ which involved Bishops who molested/raped young children in their care.

Various cases in the Philippines (and even in the whole world) showed many of these kinds of people; among the more popular is the case of People vs. Deopita (2010).

More than a decade ago, Mr. Deopita not only robbed but also raped a poor young woman. When he was arrested and was brought to trial, he alleged that he is “a person of good moral character” holding as he does the position of “Ministerial Servant” in the congregation of Jehovah’s witnesses, and that he is a godly man, righteous person, and a good Christian who preaches the word of God.

Unconvinced because of the overwhelming evidence pointing to Deopita, the court declared that his “sterling qualities” he mentioned is no guarantee against any sexual perversion and plunderous proclivity. In closing, the court went on to further explain that:

“Indeed, religiosity is not always an emblem of good conduct, and it is not the unreligious alone who succumbs to the impulse to rob and rape…”

____________________________________________________________________

*The Following are other abuses by these "Men of God" in the Philippines, sadly thousands and thousands more are recorded around the world :

 - In 2002 the Catholic Church apologized for sexual abuses, including adultery, homosexuality and child abuse by two hundred priests over the previous 20 years.

  - In 2003 at least 34 priests were suspended in a sex abuse scandal involving sexual harassment of women. 20 were from a single diocese.

   - In 2011, a priest accused of sexually abusing a 17-year old female minor is sheltered by his Bishop, despite calls for his surrender to civil authorities.

The Marivic Genosa Case

People of the Philippines vs. Marivic Genosa

On November 18, 1995,  SPO3 Leo Acodesin, then assigned at the police station at Isabel, Leyte, received a report regarding the foul smell at the Genosas’ rented house.  Together with other police personnel, they  proceeded to the house and went inside the bedroom where they found the dead body of Ben lying on his side wrapped with a bedsheet.  There was blood at the nape of Ben who only had his briefs on.  The bedroom was not in disarray.

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The Teacher-Student relationship Case

    CHUA – QUA vs. CLAVE CASE

In 1976, a teacher married her student and got fired. :)

This case was about an affair and marriage of 30 years old teacher Evelyn Chua in Tay Tung High School in Bacolod City to her 16 years old student, Mr. Bobby Qua. The petitioner teacher was suspended without pay and was terminated of his employment “for Abusive and Unethical Conduct Unbecoming of a Dignified School Teacher” which was filed by a public respondent as a ground for her termination.

This would have been just another illegal dismissal case were it not for the controversial and unique situation that the marriage of Evelyn Chua, then a classroom teacher, to her student who was fourteen (14) years her junior, was considered by the school authorities as sufficient basis for terminating her services. The case went on to the Supreme Court which ruled in favor of Evelyn.

The Supreme Court declared the dismissal illegal saying:

“.....[the school] utterly failed to show that petitioner [30-year old lady teacher] took advantage of her position to court her student [16-year old]. If the two eventually fell in love, despite the disparity in their ages and academic levels, this only lends substance to the truism that the heart has reasons of its own which reason does not know. But, definitely, yielding to this gentle and universal emotion is not to be so casually equated with immorality. The deviation of the circumstances of their marriage from the usual societal pattern cannot be considered as a defiance of contemporary social mores.”

This is a truly remarkable case wherein the Supreme Court ruled in favor of “love”. J


                                           

The Salvacion Case

The Salvacion Case

In 1989, Greg Bartelli, an American tourist, was arrested for committing four counts of rape and serious illegal detention against Karen Salvacion. Police recovered from him several dollar checks and a dollar account in the China Banking Corp. He was, however, able to escape from prison. In a civil case filed against him, the trial court awarded Salvacion moral, exemplary and attorney’s fees amounting to almost P1,000,000.00.

Although the main issue of the case revolves around the execution of judgment on the dollar deposit of Bartelli with the China Banking Corp., the horrifying account of the case brought about that rare reversal of established rules to serve justice, at least, even a bit of it. Here are the details:

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