Him: Tapos na ko midterms, e kaw? Ako naman ang pagpuyatan mo.
What do you guys think?
Legally Blunt's introvert mind expressed through her extrovert heart.
TWITCH: force developed by muscle fibre in response to a unique electrical or nervous stimulation.
Patring and Eunice's Legalisms:
1. Mabuti pa ang pleading... DATED.
2. Mabuti pa ang COMPLAINT... sinasagot.
3. Pag nagpunta ka sa CA sigurado mananalo ka.. ang lakas kasi ng APPEAL mo e.
4. Mabuti pa ang CLASS SUIT, sufficiently numerous ang parties.
There is a prevalent view that law mirrors social consensus. And there is the belief that because it does, its interpretation can be done in a manner that will allow lawyers and judges to be neutral. Passionate political standpoints give way to the sterile objectivity of exogenous articulate of law and legal principle. The Rule of Law prevails over the unending human struggle to dominate over others.
The law largely justifies its existence as a separate discipline on the basis of these principles. The ideal, in traditional law schools, is for students to hermeneutically seal themselves in law libraries, pondering over reports of past cases trying to discern what the law is and the legal principles that animate its interpretation. In a sense, the concept of the Rule of Law fundamentally requires some distance from the crudest forms of reality.
II
But legal institutions are human institutions. This is easy to see in the legislature. We only need to witness the current exchange in the floor of the House of Representatives to see how political arguments are crudely represented as legal principles. However, owing to tradition, the human nature of the judiciary is more difficult to accept.
A few examples however will readily reveal this reality.
On January of 2004, the Supreme Court of the Republic of the Philippines was confronted with a case that would determine whether foreign corporations—or those with more than forty percent of its capital stock owned by foreigners—could operate and manage a large scale mining concession in Mindanao. In 1995, the President of the Philippines signed a Financial and Technical Assistance Agreement with one of the world’s leading mining corporations. The area awarded under that agreement was initially 95,000 hectares.
The petitioners were members of several B’laan communities in Sultan Kudarat and South Cotabato. They were principally motivated by a desire to protect their ancestral domains and pursue a path to development that would involve their efforts at self-determination. They were convinced that the contract awarded to the transnational mining company was unconstitutional. In the seemingly restrictive words of the 1987 constitution, the President may only enter into “agreements involving either technical or financial assistance” with foreign corporations. The text departed from the words found in the 1973 constitution which apparently allowed a more liberal regime for foreign investments. It allowed foreign corporations to enter into service contracts “for financial, technical, management or other forms of assistance.” The petitioners and the indigenous peoples they represented depended on a reasonably apparent reading of the constitution. Winning the case would have meant having more control over their domains and doing much more than simply depending on the exploitation of non-renewable metals dug from the ground.
In January 2004, the Supreme Court voting 8 to 5 ruled that foreign corporations or their subsidiaries are not allowed to enter into contracts that would allow them to operate and manage. Reading the text of the constitution, the Supreme Court advised that such corporations can only provide “technical or financial assistance” to government or to other qualified corporations.
To the respondents, which included the Republic of the Philippines and much of the mining industry, the results of the case would define the openness and stability of Philippine policy towards foreign direct investments. Estimates submitted to the Supreme Court valued metallic mineral resources as 47.3 trillion pesos. Understandably, motions for reconsiderations were filed. The Chamber of Mines filed a full blown intervention to present their arguments relating to the proper reading or interpretation of the provision in question.
Within less than eleven months, or in December 2004, the Supreme Court reversed itself. There were now ten justices that sided with the interpretation of the respondents and the mining industry. Only four justices stuck to their position that the contract with the foreign subsidiary was unconstitutional from a plain reading of the provision of the constitution in question.
The majority opinion in La Bugal Tribal Association et al v Western Mining Corporation et al expressed its doubts that a literal reading of the provisions of the 1987 constitution was warranted. It read the text as ambiguous: capable of carrying different meanings. The main opinion assumed that foreign direct investments in the mining industry carried all the risks in the commercial enterprise and that the state was burdened with none. From there, it concluded that a more relaxed interpretation—one that would provide more prerogatives to foreign corporations—was necessary.
This case would later on become the subject of a number of passionate discussions: both academic and polemical.
In Association of Small Landowners et al v Department of Agrarian Reform, the court upheld the constitutionality of the Comprehensive Agrarian Reform Program in spite of the fact that the law prescribed compensation to landowners in both cash and government securities. Prior to this case, jurisprudence consistently required cash to be paid in cases where there were takings of private property for conversion to public use. The constitutional provision in question was quite sparse. It mandated that “private property shall not be taken for public use without just compensation.” For the court, there was room to distinguish two types of condemnation of private property. First, there was the taking of single pieces of property that characterized most of the eminent domain cases. But there was also the “revolutionary taking” such as in a comprehensive agrarian reform program, which required a cash strapped government to supplement modes of payment through other government securities, if only to implement the constitutional mandate to meet its social justice objectives clearly laid out in the constitution.
Speaking for a unanimous court, Justice Isagani Cruz noted: “We don’t mind admitting that a certain degree of pragmatism has influenced our decision on this issue, but after all, this Court is not a cloistered institution removed from the realities and demands of society or oblivious to the need for its enhancement.”
Just what degree of pragmatism is truly acceptable? Does it depend on a political result, perhaps even an overarching theory of interpretation?
Words are malleable. Reading, which is the exercise of putting meaning to text, requires fundamental paradigms in semantic method and the use of the words that are read. Whether the phrase “either technical or financial assistance” for foreign corporations implies a conjunctive or is simply an enumeration of possible contractual arrangements; whether “without payment of just compensation” really means only in cash depends as much on how we interpret as well as what are the results we desire. In the context of a Supreme Court decision, the deliberations might ensure against individual bias but they do not assure the public of the court’s collective persuasions.
In La Bugal, ten justices were convinced that foreign investors assumed all the risks as compared with the state. Implicitly, they also saw that more foreign investments are necessarily a good thing.
Of course, there are views from other disciplines that would regard this position as naïve. Herman Daly, a celebrated ecologist and economist, believes that nature is as much “capital” as financial contributions. The uncertainty of farmers displaced by mining activities is as much a risk as the uncertainty of returns from financial investments. The natural resource curse, or the empirical finding that the more an economy depends on natural resource extractive industries the less its rate of growth, has been argued by noted economists like Andrew Werner and Jeffrey Sachs.
Jurisprudence is replete with unexamined causal claims that may not withstand more rigorous inquiry. Thus: flight of an accused is indicative of guilt; moving away from approaching police is enough reasonable suspicion to allow a search; deliberations of delegates in constitutional conventions reflect the understanding also of people who would later on ratify the resulting constitution; public officers will regularly perform their duties; insanity or psychological incapacity only exist if defined medically. Unfortunately, because of the nature of the law, unexamined judicial predicates and causal claims can be devastating.
III
Then there is the political nature of courts. Rightly or wrongly, they have provided legitimacy to resolutions of political crises by simply proclaiming what is constitutional or legal.
In 1973, after martial law was declared, the Supreme Court was presented with a new constitution that government then claimed to have been approved without any plebiscite. Instead, the President called for barangay assemblies. The clear consensus among the sitting justices in Javellana v Executive Secretary was that the constitution, contrary to all existing doctrine, was not validly ratified in accordance with the earlier constitution. However, the court proceeded to declare that there was “no further judicial obstacle to the Constitution being considered in force and effect.” The court was divided on a novel issue: whether there could be a doctrine of acquiescence.
This is of course not the last time that a fundamental shift in our political order would require statesmanship in the interpretation of the constitution. In Lawyers League for a Better Philippines v Corazon Aquino the reorganized Supreme Court in 1986 took only two paragraphs to dismiss a petition which questioned the legitimacy of the government post EDSA. Proclamation No. 3 issued in 1986 promulgated a Freedom Constitution. The document declared that this constitution was to take effect notwithstanding the 1973 constitution. Understandably, the lawyers representing the petitioners took this to mean that the entire government post EDSA was unconstitutional. Instead of examining whether the Freedom Constitution’s promulgation was done in accordance with the provisions of an earlier constitution, the Supreme Court unanimously took refuge in a constitutional principle that borders on a political standpoint, i.e. that the people are sovereign and all governmental authority emanates from them.
Then there is Estrada v Desierto decided in 1993. After EDSA II, former President Erap Estrada claimed immunity from any criminal prosecution on the ground that he was still the President of the Republic of the Philippines. The constitution provides that a President ceases to become president in case of “death, permanent disability, removal from office, or resignation”. Elsewhere in the constitution, removal from office implies impeachment for and conviction of high crimes. The petitioner claimed that he neither resigned from office nor was he convicted in an impeachment tribunal. In point of fact, he argued, he sent official communication to the Senate President and the Speaker of the House of Representatives that he was simply going on a leave of absence.
The Supreme Court declared that, in spite of the lack of express words of resignation, he was declared to have “resigned” from office because the “totality of the circumstances” should be taken into consideration. Among the details that the court considered were published diaries allegedly of his Executive Secretary serialized in a major daily broadsheet.
The study of the law cannot end with the knowledge that courts are deliberative bodies. Those that practice law must go beyond and understand the nature of influence, deliberation and perhaps even the impact of values and frames on decision making. Those who argue in legal forums should also understand the political value of the interpretation and result they intend to win. The law and lawyers cannot remain blind servants to vested interests.
IV
Increasingly, science and scientists have been deployed in legal arguments. Patent applications imply an understanding of the state of the art in a given field. Trademark infringement suggests the need to present a scientifically viable survey of an acceptable sampling of the relevant consuming public. Liability in tort requires a showing of cause and effect, i.e. the toxicity of a product, the carcinogenic potential of foodstuffs or even the propensity that children will absorb violence in television. Forensics is also heavily based on science.
Scientific justification of some regulatory measures is now required by the Agreement on Sanitary and Phytosanitary Measures within the context of the World Trade Organization. It is considered the golden standard to ensure that measures purportedly enacted by a member state to protect human, animal and plant life is not a disguised restriction to trade.
Hence, the Dispute Settlement Body has affirmed WTO Appellate Body Decisions declaring that regulatory measures are not being compliant with the treaty because of the insufficiency of the supporting science. The United Kingdom was not allowed to impose a ban on the importation of bovine meat injected with synthetic growth hormones because there were no studies specific to showing its effect on human health. Japan’s quarantine measures against red mature apples in view of its fear of pests causing fire blight was not allowed because the scientific studies presented on balance did not support its perceived risk. Australia was asked to amend its regulations banning the importation of fresh, frozen and chilled salmon because the ban was broader than what the scientific studies suggested.
It is not simply a matter of lawyers working with experts for testimony. Today, courts and arbitral panels are becoming true gateways of what is good or bad science.
V
The study of the law cannot remain isolated. The law cannot survive as an autonomous academic discipline. In many places and in the various law journals, faculties have dabbled in critical legal theories, policy science, law and economics, law and culture, law and social science, feminist legal approaches and even postmodern legal theories. The law has ceased to be the domain of those who view legal argument as a refined logical skill or as an extension of morality or ethics.
Effective legal argument should reveal a knowledge of the law and critical use of the current conventions of legal interpretation. But, every legal argument congeals positions with respect to the lawyer and client’s identity, ideology and politics. Gone are the days when the law student and professor inhabited only their own versions of history and logic. It is time to traverse disciplines. We live in a multi-layered, multi-dimensional world where the law should be seen only as one of its representations.
Of course, there are still those who are faithful to the majesty of the Rule of Law. Perhaps, they can tolerate some of us: the truly agnostic.
--------When I assumed my post as UP president, I announced, as part of my ten-point plan, the review of our existing undergraduate tuition policy and structure. Even then, I acknowledged that it would be a “tough decision,” and determined that it would involve studying how financial responsibility could be shared among our different stakeholders. (University of the Philippines Plan, 2005-2011)
Shortly after that, I created a committee for this purpose, headed by Dr. Emmanuel De Dios of the UP Diliman School of Economics. The committee has completed its work and submitted its report. Copies of the complete report have been distributed to all CUs. A primer, containing a simple summary of the report’s most important points, has also been widely distributed.
I also created another committee, headed by Professor Edgardo Atanacio of the UP Diliman College of Engineering, to propose a restructuring of the Socialized Tuition and Financial Assistance Program (STFAP), based on the De Dios Report. This committee has also submitted its final report, and copies have been sent to the chancellors, the Faculty Regent, the Student Regent and the Alumni Regent.
As expected, some students are opposed to the proposed tuition adjustments. Had there been no opposition at all, we would have been surprised, even perhaps disappointed. What would UP be like without debates? However, because public statements have been made which—deliberately or unconsciously—contain distortions of the facts, I wish to take this opportunity to clarify the issue.
This proposed tuition adjustment is the first since 1989. Under the proposed adjustment, the cost per unit in UP Diliman, UP Manila and UP Los Baños will be P1,000. In UP Baguio, UP Visayas and UP Mindanao, it will be P600.
The reason for the proposed adjustment is inflation. The P300 per unit which UP students are paying today is worth only P98 today. If we were to take the actual rate of increase of prices for educational services in particular, it is worth even less—P42. As pointed out by Professor Solita Monsod, “this means that the UP student on the average is being subsidized for about 80% of the cost of instruction. (PDI, 18 November)
Miscellaneous fees will also be adjusted to reflect rising costs, from around P600 to P2000 for UPD, UPM and UPLB; from P595 to P1405 for UPB and UPV; and from P830 to P1,640 for UP Mindanao.
One very important detail which protesting students often ignore is that the new fees will affect only new students, i.e., freshmen and transferees, who will enter UP in 2007. Moreover, only students belonging to the highest income bracket—Bracket A (over P1 million a year)—will pay the full rate (the base tuition of P1,000 per unit x 1.5). In fact, students eligible for assistance under the UP Socialized Tuition and Financial Assistance Program (STFAP) will enjoy larger benefits.
Students in Bracket E (annual income of P80,000 or less) will pay no tuition at all, and will receive a stipend of P12,000 per semester. Students in Bracket D (annual income from P80,001 to P135,000) will enjoy a 70% discount, which means they will pay P300 per unit, the existing rate. Students in Bracket C (annual income from P135,001 to P500,000) will pay P600 per unit. Only those in Bracket B (annual income of P500,001 to P1 million) will pay P1,000 per unit.
It should be noted that this bracketing is different from the old one, so to claim, as UPD student council chair Juan Paulo Alfonso does, that under the old bracketing, 3 out of 9 income groupings are given full subsidy, whereas under the new one, only one will get it, is an oversimplification.
For example, under the existing STFAP, ownership of a cell phone automatically places the student in Bracket 9. Under the proposed STFAP, a cell phone will be considered just an addition to the number of phones a family has. It is families with swimming pools, private security services, international credit cards, and personally-financed travels which will be assigned to Bracket A.
Additionally, the adjusted fees remain significantly lower than the true cost of an undergraduate UP education, not to mention the cost of an undergraduate education in other comparable universities in the country.
Finally, alongside the tuition adjustment and the revised STFAP, we intend to: (1) strengthen the student loan program; (2) increase the number of student assistance posts; and (3) campaign for more scholarship grants from the government, the private sector, and the alumni.
Mr. Alfonso, has been quoted as saying that it is wrong to use students as a “source of income” for the university. “They tell us that it’s not the government’s role to subsidize tertiary education, but we believe otherwise.” (PDI, 24 November). During the congress of student councils held in Davao, which I personally attended, Mr. Alfonso declared that the difference between the students’ position and that of the UP administration was “philosophical.” In other words, their position is that tertiary education should be entirely subsidized. But, as Professor Randy David has observed, while basic education is indeed a right, enshrined in the Constitution, tertiary education is not. (PDI, 26 November)
In any case, we have never suggested that state subsidies for education should be removed. What we have done is recognize they are diminishing, not just nationally, but globally. Nonetheless, UP students coming from families up to the 97th percentile of the national income distribution (maximum annual family income of P500,000) shall continue to enjoy a tuition subsidy even under the restructured STFAP.
Nor have we any intentions of forgetting about the need to get a larger budget from government. Our position is simply that while waiting for this miracle to take place, we cannot simply stand our ground and do nothing.
Even while the two committees were conducting their studies, we were working on a three-pronged program to improve the University’s finances: (1) the UP Centennial Fund Campaign, designed to build up our financial endowment; (2) the aggressive campaign in Congress and the Senate, to secure exemption from the Salary Standardization Law for the UP faculty, and additional funding for UP programs and projects; and (3) the negotiations with Ayala Land, Inc. for the development of the UP North Science and Technology Park along Commonwealth Avenue.
I might add that we have been successful in obtaining P500 million from the supplemental budget for the National Science Complex, through the good offices of Congressman Luis Villafuerte and Senator Franklin Drilon; and that we have signed the Memorandum of Agreement with ALI for the S&T Park. Governments all over the world have recognized the all-important link between scientific expertise and economic development, and universities have set up S&T Parks adjacent to their campuses. The S&T Park, which will soon rise on our campus, is not only an important part of our efforts to address the University’s financial needs, but fits right in with our vision of UP as being at par with the leading research universities around the world.
It is to be hoped that the sectors that are now loudly objecting to our proposed adjustment of student fees, and insisting that we find more “creative” ways of compensating for our budgetary constraints, will not be as vociferous in objecting to our efforts to become more financially independent by developing our idle assets. Or, at the very least, that they will first examine the Q&A on the S&T Park prepared by the Office of the Vice President for Development, and published in the UP Newsletter, October and November issues, and also available on line.
Atty. Gari Tiongco, president of the UP Alumni Association, and also a member of the UP Board of Regents, has endorsed the tuition adjustment. So have the faculty members of some of the colleges in UP Diliman. I hope other members of the UP community will at least study the proposal carefully, before proclaiming their opposition to it.
In the meantime, we in administration must continue to do our jobs and run the University as best we can under the circumstances.I was reading Youngstar last night and something caught my attention... this woman started her article with the statement that she rarely or at least try to not write using the pronoun "I" because she didn't want to be associated with those "narcissistic bloggers" who only talk about themselves. I felt sort of offended by such statement because I wrote a reaction regarding the same topic a few years ago and I am firm in my stand that narcissism is not a bad thing and people have the freedom to talk about themselves and to love themselves if they want to without being judged as someone who doesn't care about other people.An excessive preoccupation with one’s own personal importance, or with achieving one’s own chosen goals rather than bonding with others, or with associating only with others whom one chooses. The ability to be stimulated by one's own body. Most people have this ability as a normal property. self-love: an exceptional interest in and admiration for yourself
wordnet.princeton.edu/perl/webwnNarcissism is the pattern of characteristics and behaviors which involve infatuation and obsession with one's self to the exclusion of others and the egotistic and ruthless pursuit of one's gratification, dominance and ambition. In everyday use outside the field of psychology, the word generally refers to people who just are inordinately fond of themselves, without the pathological connotations.
We are all made to believe that we should be headed in the same direction, inside a seemingly restrictive box that gives us free will a...