Sapere Aude
PH legal profession and its aversion to mental health
Today, October 10, World Mental Health Day is celebrated. Like clockwork, I’m reminded on how little to nothing has improved with the IBP in terms of promoting mental wellness and well-being among Filipino lawyers. It seems the masochist perspective of the legal profession remains to be the norm. After all, the law school experience is …
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Earning my Data Protection Officer (DPO) certification
Last May 2021, I had the good fortune to undertake a week-long Data Protection Officer (DPO) certification program and thereafter successfully pass the examination to be properly certified as a DPO by TUVRheinland. Our mentor was no other than “Mr. Privacy”, Dr. Rolando R. Lansingan, CEH, CHFI, CySA (plus), NPC-DPO. He was the former Chief …
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Real cat lawyer did an AMA at Reddit, comments are purrfect and hilarious
“I’m not a cat.” This legal humor will go down in legal history as one of the funniest. With a new found fame, what to do with it? Well, do a Reddit Ask me Anything (AMA). Hilarity ensues, particularly due to witty remarks, with a few coming from fellow lawyers. See: Reddit AMA by the …
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Wearing vaccination ID, is it a privacy issue?
It is curious how the National Privacy Commission (NPC) has not yet issued an official statement on the proposal of a DILG executive to require the wearing of vaccination cards as a form of ID when outside. The NPC has been an active vanguard of protecting the privacy of individuals since its inception. It has …
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The irony of PH National ID not being recognized
It took over a decade for the National ID to pass muster against the critics who touted it being the biggest threat to a person’s right to privacy from lawless elements to even the Government (or should I say those who will unlawfully use public office to dig into private information of individuals). Back then, …
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The Philippines has a Fake News law, well sort of…
Under Article 154[1] of the Revised Penal Code (RPC), the following is considered as a criminal offense: “Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest …
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Important but often ignored during bar exam review
The bar exam is not just a licensure exam. It is a struggle, it is a fight, it is an accomplishment of a dream for many. Yet, many often ignore something important during the bar exam review. You have to condition your mind to build mental fortitude. Go to a fight feeling defeated and helpless, …
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Tips: What to do 30 days before the PH Bar Exam
1. Get over your Mock Bar Exam Results Many have likely taken Mock Bar Exams and find their results disappointing. For some, they may have even seen struggles in law school and the hardship in the bar exam review flash before their very eyes and wonder what they have all been doing this time. Why-o-why …
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No bar topnotchers for the 2020/21 PH bar exam
It finally happened. No bar topnotchers will be announced for the upcoming 2020/21 PH bar exam. It took a pandemic. Since I was in law school, there has been a clamor for the removal of the annual fanfare of announcing bar topnotchers. Days after the release of a bar exam result, media outlets are awash …
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Joe Laureta, Legal Theory
I know of only one U.P. Law Professor who most law students refer to on a first-name basis despite the huge age gap (he was around in his late 60s when he taught us). He is also top of mind whenever I recall that phrase thrown around by law professors who want their students to …
Jobert Navallo interviewing Raul C. Pangalangan
I can’t help but smile and laugh a little at the interview by journalist and lawyer Jobert Navallo and retired ICC Judge and former UP Law Dean Raul C. Pangalangan. Somehow, I think Dean RCP also found it amusing that his former law student is now interviewing him on a major news outlet and before …
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Rise of bar topnotchers from the provinces: 2019 Bar Exam
Several of the 2019 bar exam topnotchers came from law schools in the provinces.
PH Olympic medalists should financially protect themselves
With the recently concluded 2020/21 Olympics, several articles and online content popped up about previous Filipino Olympic medalists. The somber theme to it all was that they encountered financial difficulties after presumably having earned financial rewards for bringing glory to the Philippines, if today is an indicator. The story is not so different from professional …
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On the Whang Od and Nas Daily controversy
Why would an Ivy-league educated businessman in a foreign country get a signature for a contract from a 100-year old indigenous tribal person without getting a local lawyer to assist? That very much sums up my thoughts on the matter. There are so many inter-connected issues and socio-cultural complexities to the matter that it can …
The Legal Side of Love: Quotes from the Supreme Court
On Valentines Day this 14 February 2021, words from the Supreme Court on that little thing called love, to ponder on: “The heart has reasons of its own which reason does not know.” —Chua-Qua vs. Clave, G.R. No. L-49549, Aug. 30, 1990 “There can be no love where respect is gone.” —People vs. Rivera Nov. …
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Blog Posts
#AfterSix, Jaime A Zobel de Ayala has a show – wait, what?
Browsing through YouTube looking for a worthwhile content, I came across a familiar face, one any Filipino entrepreneur would easily identify. What made it more eyecatching was that the thumbnail showed him with cue cards and thus suggesting that it is him who is the interviewer. Mr. Jaime A. Zobel de Ayala, or JAZA as …
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Is it discrimination in the workplace if vaccine availability is not an issue?
I overheard a group of employees chatting over taking the vaccine. It appears that they had all taken the Covid-19 vaccine. Their supervisor was telling them that there will come a time that only the vaccinated would be preferred to go to work whenever a lockdown or quarantine restriction would be imposed. To that, the …
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Why prenuptial agreements are valued only by people who worked hard to gain wealth
Those who do not know the value of back-breaking hard work to gain wealth will never understand the importance of a prenuptial agreement. When I was a younger lawyer, I used to tell as much of my friends and relatives that they consider a prenuptial agreement before marrying. Not a single one took my advice. …
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Psychological incapacity as a legal concept, and not a medical condition
The case of Tan-Andal v. Andal (G.R. No. 196359, 11 May 2021) declares psychological incapacity under Article 36 of the Family Code as a legal concept, and not a medical condition. Accordingly, testimonies of psychologists or psychiatrists are no longer necessary. This a landmark case and a game changer for the following reasons. 1. Nullity …
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Why you should take the 2020/21 PH Bar Exam
There are many who are still undecided whether they should take the 2020/21 Philippine Bar Exam this coming November. Here are some thoughts to consider that might hep you decide. 1. Many will likely pass the 2020/21 bar exam. Either it will be an easier bar exam or the passing rate will be lowered to …
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The Anti-Duel Law in the Philippines is still in effect
Perhaps once of the most archaic and least useful law in the Philippines (followed only by the Negotiable Instruments Law of 1911) is the anti-duel law under the Revised Penal Code (RPC). In law school, it is the usual butt of a joke by Criminal Law Professors asking the relevancy of such law in modern …
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Creating a system for your bar exam review
A schedule is good. A routine is an improvement. A system is a whole new level. Majority of bar examinees will design a schedule for their review. Some will develop a routine. Few will create a system. If you think about it, that is somehow representative of the 80% failure and 20% passing rate. (Those …
Last will on a yellow pad paper, no signature, valid?
Months before the start of the 2020 pandemic, I was consulting on a peculiar case involving a handwritten last will and testament written on a yellow pad paper. While it was written by the testator, no signature appeared on the document. It was an interesting case. Philippine law via the Civil Code allows for two …
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Mother’s surname may be used by legitimate children, says Supreme Court
On the basis of Constitutional provisions on equality of women and men under the law, the Philippine Supreme Court in a recent landmark case expressly allowed a petitioner to use the surname of his mother even if he is born as a legitimate child. The petitioner initiated the case for change of first name from …
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Online wedding? Virtual marriage ceremony in the Philippines
When almost everything is forced online due to the pandemic, the age-old tradition of celebrating marriage is facing an update – i.e. a virtual marriage ceremony in the Philippines. Will it fly or is it dead on its track? What are the concerns? 1. That it is not aligned with religious practices of certain churches, …
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Right against self-incrimination protects innocent persons against their stupid remarks
Lawyers are taught and trained to stop or keep their clients from speaking if they are involved in a criminal case, particularly if they are considered suspects and more so if they are the respondents or the accused. “Invoke your right against self-crimination” or “talk to my lawyer” is what would usually be advised of …
No rape with murder, instead rape with homicide
PH Internet is lit with discussions on rape, homicide, and murder, following a tragic event involving a flight attendant who was found dead at a hotel in Makati after what is reported to be a New Year’s party celebration. The following article will not discuss the incident. Instead, it will focus on the legal aspects …
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On freedom of speech by Rowan Atkinson
“The second most precious thing in life is the right to express yourself freely. The most precious thing in life, I think, is food in your mouth, and the third most precious is a roof over your head.”
First online bar exam in the Philippines?
U.S. Michigan State recently conducted their first online bar exam. Although it encountered technical glitches, when the website issuing passwords suddenly crashed, the Michigan Supreme Court announced that it was immediately resolved. With this serving as the test case, is it possible that the Philippines will follow suit with the bar exam next year?
Distributed work for Filipino employees in the Philippines
Matt Mullenweg of WordPress first introduced me to the concept of distributed work a few years back. My first impression was it was another way of describing work from home. You know, new terminology, same old concept. Then, I encountered a separate article in WordPress with an interactive worldmap showing locations of their people working …
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Big Company or a Great Company
Taking on a big Company requires more than just becoming one also; it requires becoming a great company. To be a great company is to have a dedicated and talented workforce invested on the success of the Company. It is, after all, the people that make up the business. People do not rally behind numbers, …
How productivity and waste are related
What makes for something to be productive: Is it the doing of many tasks or a few tasks? One of Peter Drucker’s quips answers the question clearly: “There is nothing so useless as doing efficiently that which should not be done at all.” Productivity is the goal of many. Unfortunately, the same people do not …
Court’s digital transformation forced by Covid-19
The legal industry has been resilient to change, innovation, and technology. There is so much romanticism in doing many things the “old-fashioned way”. Many think that you are not a lawyer unless you use a pen and a legal pad, open a law book, or burn the midnight oil. This kind of fixed mindset make …
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Where is Management Prerogative in Covid-19 discussions on employment?
From lawmakers to the DOLE, discussions and issuances clearly show lack or little understanding on management prerogative. Management prerogative is the general rule. Labor laws and regulations are the exception. Even the Supreme Court acknowledges that management prerogative is an INHERENT RIGHT of the employers. No law is needed to grant that right. In fact, …
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Client’s right to foolish mistakes
There is a saying in law that goes like this: the law does not protect persons from making foolish mistakes. The maxim is often applied in cases involving contracts where a party enters into agreements with very disfavorable stipulations (the foolish mistakes) usually for short-term gains and later on cries foul wanting to get out …
