Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Sunday, March 11, 2012

FINALLY HAVE MY PERIOD

My Criminal Law Professor during my Law School graduation last year in his speech told us that the commencement exercises is just a confirmation that we are well prepared to take the bar examinations and that we can already include the word ATTY to our names, we just have to earn the PERIOD to it by hurdling the bar exams.

And FINALLY, after 7 months of stressful bar review, 1 month of bar examinations, and 3 months agony of waiting for the result. I've finally earned my PERIOD to my ATTY!

To God I am so much grateful and to my family and friends who stood by me during my law school years, the bar review and the bar examinations, you were really amazing!

To my blogger friends here who still visit this site despite the very long hiatus thanks you for the inspiring posts and comments.

-- Atty. Homer


Monday, October 25, 2010

Imagine if he were alive.

My Political Law Review professor gave us a project entitled 'ROLE MODELS'. He made us choose our role models in life and we had to give a speech in front of the class. Since I am not really good in public speaking I practically just read my speech, which most in the class did.

Since we are studying law most of my classmates chose as their role models, people who are known in the legal profession. I actually expected it, so since I am a non-conformist, I decided to choose someone who I've been looking up to since I was a child. Well, if only I just have the guts to see my professor flabbergasted then I'll give a speech on Kurt Cobain, who by the way is my real hero.

The speech was more than a requirement for me to pass the subject, it likewise serves as a tribute to my idol and hero, who if he were alive would have celebrated his 70th birthday.

Here's my speech:

Music is my life. Whether or not I am heartbroken or I got a failing grade in school, music is my refuge, well aside from beer. It relaxes me during those times that I am stressed with all the hurdles a law student has to undertake just to pass his subjects. I believe that almost all if not, most of us have musical influences, not just because they write good songs, but because they impart something in their works that inspires us

For me, it’s the man from Liverpool, John Lennon. Even if I was born after his death, I still consider him as my role model. Personally, I know I would have been shattered and would have been hurt to the core, if I were alive at that time when Lennon was shot to death.

No one could contradict the far-reaching impact on popular music culture of John Lennon. Even most Filipino Bands out there could tell that they have been influenced by the music of John Lennon.

I couldn’t think of anyone at least in the history of music who stood up for his beliefs and ideals like John Lennon. He has always been an epitome of doing what he know is right and not trying to be someone else just to be liked by everyone.

He was not afraid to speak out against what he thought was wrong, and also what he thought was an injustice. He willingly took the consequences for his actions, but he was also determined that no one would change his word without a fight.

His thoughts, ideas, and actions may have offended a lot of people, but I think, he was just a person with amazing pride. He didn't care what anyone thought of him and stood up for what was right. And I think everyone should take a piece of his philosophy and live, learn and love.

In one of his interviews, he said:

“Part of me would like to be accepted by all facets of society and not be this loudmouthed lunatic musician. But I cannot be what I am not.- John Lennon


I admire people who do not have to be like everyone else just to gain the attention ofeveryone. I admire John Lennon for standing up for what he believes in and being the person he really is without having to pretend.

His message has always been about peace and love and that we should live the best we can.

John Lennon is best known for his music and his idealistic view of humanity. He believed people could find peace, and could celebrate life with music, harmony, and decency. Lennon's iconic songs came to inspire and symbolize the ideals of the masses. His music spoke to for and about humanity, and this is a gift, which not all artists have.

He dreamt of stopping war and uniting people regardless of religious or cultural differences. He along with his wife Yoko Ono became part of the Peace and Anti-War Movement during his time. He and fellow Beatles members even went on trips to talk about world issues.

A line from the song “IMAGINE”, which one journalist said, would squeeze a tear out of the most cynical among us, goes:

“Imagine all the people living life in peace. You may say I'm a dreamer, but I'm not the only one. I hope someday you'll join us, and the world will be as one.”
~John Lennon

The Beatles. It all started with a dream.

The Beatles, started with a dream. A dream of a young boy who just wanted to play his guitar, sing, entertain, and make known to the world his wisdom through his music. It was formed by John Lennon, with his friend Paul McCartney.

The Beatles debuted in 1962 and within a couple of years, became the biggest cultural event in the world. They represented the change in society and became the new visionary of rock and roll.

Lennon’s success as an artist was all because of his hardwork, enthusiasm and a huge amount of positivity. John Lennon was also a person who liked to push himself, and others to the limit. These attributes inspired me to do best in whatever endeavor I put myself into, especially right now that I am taking up law.

In one of Lennon’s interviews, he said:

“You make your own dream. That's the Beatles' story, isn't it? Produce your own dream. It's quite possible to do anything, but not to put it on the leaders and the parking meters. Don't expect Jimmy Carter or Ronald Reagan or John Lennon or Yoko Ono or Bob Dylan or Jesus Christ to come and do it for you. You have to do it yourself. There's nothing new under the sun. All the roads lead to Rome. And people cannot provide it for you. I can't wake you up. You can wake you up. I can't cure you. You can cure you.”

"It's fear of the unknown. The unknown is what it is. And to be frightened of it is what sends everybody scurrying around chasing dreams, illusions, wars, peace, love, hate, all that... it's all illusion. Unknown is what it is. Accept that it's unknown and it's plain sailing. Everything is unknown... then you're ahead of the game.”

John Lennon has touched the world through his music beyond all else. He just didn’t give the world so much music and influence, he gave up his freedom and ultimately his life.

No one knows what else John Lennon would have contributed in this world if his life was not short-lived. But one thing I know for sure is that any man that has a gift like that of Lennon could only do good in this society of ours if he had only been given the chance. For this, John Lennon will live on in my mind not only as a role model but as a true working class hero.


(9 October 1940 – 8 December 1980)



*Some facts or information in my speech have been lifted from www.wikipedia.org

Saturday, June 20, 2009

Rizal Day moved to June 19

I'd like to share this article from Manila Bulletin which was also shared to me by Dean Jorge Bocobo..

By BEN ROSARIO June 19, 2009, 6:24pm. The century old practice of observing Rizal Day on Dr. Jose Rizal’s death anniversary is expected to end soon following the final- reading approval of a bill moving the national holiday to June 19, the national hero’s birth date.Before adjourning its regular session early this month, the Lower House disposed of House Bill 5408, unanimously approving the measure on third and final reading and sending it to the Senate for its action.HB 5408 seeks to amend the Administrative Code of 1987 to move the annual observance of Rizal Day from December 30, the date of his execution, to his birthdate.

Authored by a group of solons led by Reps. Raul T. Gonzales Jr. (Lakas-Kampi, Iloilo) and Jaime Lopez (Lakas-Kampi, Manila), approval of the measure was supported by the National Historical Institute which disclosed that the December 30 observance of Rizal Day traces its historical roots to a decree issued on December 20, 1898 by President Emilio Aguinaldo.

NHI Chairman Ambeth R. Ocampo said the decree actually declared December 30 of each year as a day of national mourning and was intended to honor Rizal and other Filipino patriots during the Spanish period.According to Ocampo, Rizal Day was declared one of the official holidays of the country with the enactment of Act No. 245 of the Philippine Commission. It was signed on February 1, 1902. Ocampo supported Gonzales’ contention that commemorating June 19 as Rizal Day is more appropriate, considering that birth anniversaries are celebrated than the death anniversary of heroes.

“The NHI maintains that the observance of Rizal Day should be done on June 19, his actual date of birth. If Rizal Day is observed on June 19, classes have just started and students would be able to actively participate in the commemorative activities,” said Ocampo.

On the other hand, Lopez noted that the Rizal’s death alone did not trigger the 1896 revolution that Filipinos thought catapulted the country to independence. “It was his life-long accomplishments done during his lifetime that inspired and pushed us Filipinos to fight and work for our greatness as a race,” Lopez said.Other authors of the bill include Reps. Justin Chipeco (NP, Laguna); Ma. Victoria Sy-Alvarado (Lakas, Bulacan) and Ma. Evita Arago (LP, Laguna).“It is only proper, and it is about time that the country bestows this great man with deference and honor by marking the day of his birth as a National Holiday, and to call it ‘The National Hero Day,” said Chipeco, who represents Calamba City, Dr. Rizal‘s birthplace.

Tuesday, April 21, 2009

AIM HIGH, SHOOT LOW



Aim High, Shoot Low. These were the last words of Senator Chiz Escudero when he guested in IMo(In My Opinion) on ANC with Mo Twister a while ago. Senator Chiz doesn't fail to inspire me when he starts to talk. His eloquence and brilliance are impressive and one cannot even feel any arrogance in him. Lucky for us one good fellow has a seat in the Senate and I hope he gets the chance to continue his advocacies in the MalacaƱang Palace.

"Aim High, Shoot Low" is an archer’s creed. The bow and arrow are scientifically designed. Archers learn that wind resistance, trajectory, weight, and obstacles all come into play when making an effective shot. Arrows are agile. A well aimed shot can slice through a minuscule target. Knowing you can hit a target, despite constant variations of uncontrollable elements, requires a degree of skill and faith.

The same is true when we set our goals in life. We should set our goals high even if we aren't certain of success. Accepting disappointments when we fail would be easier because it's not a bad fall having set high aims. Don't get me wrong but I am not patronizing mediocrity. We still need to work our asses off to get everything done, maybe not as perfect as everyone did, but something that would give us contentment and a feeling of self-fulfillment. We need to muster enough courage, strength and faith to accomplish these goals, because along the way we will be facing a lot of obstacles. We don't need to be perfect. We don't need to be masters. We just need to believe. Believing that we are special or that we have something special in us that would help us achieve our goals.

We might have failed a few times or more but this should not be the reason to quit. When we start something, we actually have accomplished something. Starting alone is an achievement. It's part and parcel of accomplishing your goals. The books or the the vast resources in the internet would give us a list of people who have failed a lot of times but have become successful in their fields eventually. Truly, everything has its own time.





The Paper Chase. I thought I needed to get inspired again so I watched "The Paper Chase", a 1973 film based on John Jay Osborn Jr.'s novel, about a struggling law student(Hart) at Harvard Law School. He tries to balance lawschool and his relationship with a girl (Susan), who happens to be the daughter of his terror professor, Professor Kingsfield. He joined a study group which helped him to impress the strict professor. The group's objective of sharing notes and outlines weren't achieved as the other members of the group cannot go along. But this did not stop Hart from taking the exams seriously and even getting an A.

An incoming law student should watch this film. Aside from it being inspiring, it could give him a glimpse of how one should face law school. The Socratic method which is the method used by almost all law professors in the conduct of the recitations is shown and explained in the film. The crucial point in the study of law is to analyze, and this is likewise depicted in the film. In fact, one student in the film (Brooks) who has a photographic memory dropped out a week before their final exams, because he just cannot excel and catch up with their courses.

Maybe being a law student all boils down to the words of Senator Chiz Escudero. Aim High, Shoot Low. When we chose to enter Law School, we started to aim high, and that is to be a lawyer. We may not be as brilliant as everyone else, but when we set our mind to our goal, we will reach the finish line.

So why am I posting this? I don't know, maybe I just want to inspire myself by my own words when I get to read this again, and try to think back when I first stepped law school and realize where I am right now, and hopefully resolve this confusion in my head. Oh!, I guess you get inspired too.

Wednesday, January 28, 2009

THE ASSOCIATE



To all John Grisham page-turner novels avid readers out there! He has a new book out now!, "The Associate". The story is somewhat like "The Firm", which I think most law students have read, or if not, have watched the movie version which starred Tom Cruise playing the role of Mitchell Mcdeere!

So grab a copy now!!

By the way here's a synopsis of the book "The Associate":

Kyle McAvoy grew up in his father’s small-town law office in York, Pennsylvania. He excelled in college, was elected editor-in-chief of The Yale Law Journal, and his future has limitless potential.

But Kyle has a secret, a dark one, an episode from college that he has tried to forget. The secret, though, falls into the hands of the wrong people, and Kyle is forced to take a job he doesn’t want—even though it’s a job most law students can only dream about.

Three months after leaving Yale, Kyle becomes an associate at the largest law firm in the world, where, in addition to practicing law, he is expected to lie, steal, and take part in a scheme that could send him to prison, if not get him killed.

With an unforgettable cast of characters and villains—from Baxter Tate, a drug-addled trust fund kid and possible rapist, to Dale, a pretty but seemingly quiet former math teacher who shares Kyle’s “cubicle” at the law firm, to two of the most powerful and fiercely competitive defense contractors in the country—and featuring all the twists and turns that have made John Grisham the most popular storyteller in the world, THE ASSOCIATE is vintage Grisham.

Thursday, June 26, 2008

Hay.. the field of law!

Hmm.. I've been busy for quite sometime because of law school, which is really getting tougher and tougher as days go by, but so far so good, yet I still want to vent out which I often do as you know, when something's bugging me. Well, it has long been my problem when I entered the system, which is law school. I wonder if ever the connotation that the law profession is so dirty would leave my senses, when in fact, even if you're still in law school you experience some dirty tactics of your fellow students, moreso if they are your close friends and they offer you to take their materials. It's like you're being pushed to use a prohibited drug which later on would make you addicted and cannot live without it.

I am not certain whether the things on my mind could be considered dirty tactics in order to pass one's subjects but somewhat I feel that there is injustice going on. I really admire those classmates of mine who really settle for what is fair and just for their fellow students. I do try as much as possible not to be singled-out by the system but it is really tempting, because it's a sure way for a passing mark, but with the sense of idealism I have I really feel so disgusted when I see those 'dirty harry's.

I must admit, I had my share of those 'dirty harry' things, and I feel bad about it. It only shows that I, too have been maligned by the system. There's this struggle going on right now in my mind, thoughts are flowing in and out. Thoughts which provoke my inner senses either to fight the system, to live up with the system and shut my mouth or join those dirty harry's. It's hard to choose, even choosing the lesser evil makes you wonder whether it would give you good results.

Hay.. the field of law!

Thursday, April 10, 2008

An old wiseman story

This was an old folklore or whatever you call it. I heard it a few times when I was younger, well I've heard it again in one of the closing arguments of the defense counsel in "The Practice" Season 1 (well I am actually having a dvd marathon of it, well been a fan since highschool!, just want to have a serious take on it as a law student..)

Well it isn't that applicable in the country since we don't have a jury system here, but anyway, it's quite inspiring! Here it is:

"There was a wise man in a town. A young boy wanted to test-him and later fool the old man. The young man planned to hold a bird in his hands and cover it tightly with both and ask the old man if the bird is alive or dead. The young man thought that if the wise man would tell that it is alive he would squeeze the bird to death and if the old man would tell him that it-is dead he would just release it and let it fly. But when the young boy asked the old man, he just said the bird's life is in your hands."

Friday, May 25, 2007

Justice

Picture this.

You are a lawyer. A good trial lawyer. A defense lawyer in a top Law firm. Fifteen Years back you are an inexperienced district attorney who prosecuted and convicted a murderer. Fifteen Years later, the man you have convicted fifteen years back has been paroled and now asking for your help for an alleged murder of his landlord. Bringing back some issues on his conviction to which you are involved. Will you answer for his defense?

This is a scenario depicted in one of the episodes of Justice, a series by Bruckheimer which I am hooked into right now.

Is trying to defend a person you have prosecuted and convicted years back is like pissing on your own work? Is this admitting a fault which tantamount to your incompetence as a lawyer?

Luther, the defense lawyer who has been in the situation I am talking about may just did the right thing. By reviewing the facts of the previous case and delving into a deeper analysis of some relevant facts he admittedly missed during the trial, he concluded in the end that he had convicted an innocent man.

During the trial of the recent case, I just observed how brilliant the defense lawyers were of the Firm. From the meticulous inspection of the scene of the crime, they have made an excellent theory that the eye-witness to the crime charged to their client is not telling the truth. For the simple reason that a man could not clearly see through the window of the room where the victim was killed because of radiant sunrays beaming through the window on the specific time of the day the victim was killed. It’s just abhorrent how the real culprit thought that he could escape from the scales of justice by attributing a crime to another person who has been known to be a convict. Good thing justice prevailed.

I like Luther end his closing argument, saying: “Convicting an innocent man is the worst thing that a district attorney could do”. Truly the end of justice is not served if an innocent person is put behind bars and suffers for a wrong he never committed. I just do hope lawyers will abide by their oath and do everything they can to uphold the integrity of their profession and the rule of law.



Justice actually has been out of Fox TV after its first season, I'm wondering why. A crack team of defense attorneys, including a media manipulation expert played by Victor Garber, the requisite young hot-shot attorney played by Kerr Smith and the model-esquire female attorney trying to restrain the guys played by Rebecca Mader, defend the rich, famous, and scandalous in LA. After the trial concludes we will see a flashback that shows if they really are innocent or got away with murder.

The cast includes:

Victor Garber ... Ron Trott

Kerr Smith ... Tom Nicholson

Rebecca Mader ... Alden Tuller

Eamonn Walker ... Luther Graves

Tuesday, January 17, 2006

AN EXCERPT

YoungBlood: Injustice of Law
By John Henry C. Liquete
Inquirer News Service

SOMEBODY asked: What do you call a thousand lawyers chained at the bottom of the ocean?
The reply was: A good start.

It is true that some lawyers have turned their backs from the real vision and reason for which lawyers exist.

I have nothing against lawyers. In fact, I hope to be one, someday; I am a now in my second-year law. But certainly I will not be the kind who will defile the temples of justice.

When the impeachment proceedings in the House of Representatives ended, I found myself utterly disgusted with the way the law was used to hide the truth and, worse, make a mockery of justice. To my view, some lawyer-congressmen, by their behavior, disgraced the profession, which supposedly puts premium to integrity and justice.

As a law student, I always have been made to understand that laws are made to protect the innocent, serve the ends of justice and seek out the truth; and to allow an accused to defend himself, punish the guilty and discourage people from doing others wrong. I was also taught that our Constitution was formulated to protect the sanctity of the ballot and strengthen the institutions of democracy, among others. Indeed, our Constitution and our laws do not exist to conceal the truth, encourage wrongdoing and, least of all, suppress justice. And, certainly, they were not meant to be strictly interpreted in their technical and narrow sense, but in the context of justice, righteousness, decency, rectitude, and, most of all, integrity.

“Every instance of a man’s suffering the penalty of the law is an instance of the failure of that penalty in effecting its purpose which is to deter from transgression,” says Archbishop Richard Whately.

But hallelujah, laws have become effective in the Philippines because few suffer the penalty of the law and not because they discourage transgression. For example, Gloria Macapagal-Arroyo is getting away with a violation of law after just saying “I am sorry.”

Indeed, this example demonstrates how the law could be so easily abused -- ironically, many times as a means to committing an injustice.

Perhaps, why some lawyers don’t care a whit about tarnishing this noble profession could be explained by looking at the quality of law education they got. Most law schools today tend to guide their students into merely focusing on passing the bar and on memorizing laws, for a chance of attaching the initials A-T-T-Y before their names. Nothing about justice and the ends of the law is given due importance.

I am studying law not only because I want to become a lawyer but also because I am awed by its wondrous mechanisms and its power to uphold and celebrate justice, its real and ultimate objective. I want to become a lawyer because I want to play a significant role in promoting the cause of justice.

People may think I’m crazy because I have impossible dreams. But I believe and keep faith that someday this nation will overcome the difficulties it is grappling with right now, and soar high, with much to be proud of, in the eyes of the world. I believe and keep faith in the inner goodness of our people as the key in the transformation of society for the better. The evils we see in our society should not deter us from our pursuit of true justice. I believe lawyers should be among the first to do something to free this world from the debilitating grip of greed and injustice.
There will be those saying that I am not practical, that I am too far off from reality. These are probably the ones who have lost hope in our people. We have to revive that hope in them to create a society that is founded in and driven by idealism. A revolution in the heart and the mind is called for here. We need revolutionaries to persuade our citizens into becoming active participants in our nation’s quest for justice.

I’m 20 years old now. My age has absolutely nothing to do with my dreams. Young or old, age should never be an excuse for a person’s “state of idealism.”

Unfortunately, today’s politicians don’t listen to what we, the young, have to say; they would not hear the “hope of the fatherland.” Our cries, like our demand for Ms Arroyo’s resignation, have landed on deaf ears. When we air our discontent and voice our aspirations, people in government complain and label us as destabilizers, communists even. How can we light the flames of hope in our country if our voice remains unheard?

We appeal to the so-called leaders of our country: Lend your ears to us, we have a lot to say and a lot to suggest. If you really believe we are the hope of the future, as we often hear you say, then listen to us. (Many of us have become cynical and apathetic because of the callousness of many of our public officials.)

When I get my law degree, I may be familiar with the law and jurisprudence. But when I step out into the real world, will I find them relevant to the life of every man and woman in this country at least, and being applied as well to promote the cause of justice? I’m worried, that given the present situation, I will find myself out there as if I know nothing.

Still I would like to believe that most of our lawyers, unlike lawyer-politicians, are not deaf to our people’s cry for justice and righteousness.

John Henry C. Liquete, 20, is a Political Science graduate from Saint Louis University. He is in his second year at the San Beda College of Law.
Editor's Note: Published on page A11 of the October 11, 2005 issue of the Philippine Daily Inquirer
 


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