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Thursday, April 28, 2011

Plan to revise RPC



Do you know that the Revised Penal Code which is the basis of our criminal justice system was originally the Spanish Criminal Code?

Analeto Diaz, a former Supreme Court Justice began the revision of the old Spanish criminal code in 1927. The final draft was the basis of Act. No. 3715 this was passed by Philippine Legislature and approved by then United States President Herbert Hoover on December 8, 1930. And came into effect on January 1, 1932.

Today, Secretary Leila De Lima is planning to revise the RPC. The panel is named Criminal Code Commission (CCC), the tasked is to study the RPC and suggest revisions to make it more comprehensive and attuned to modern times.

The team of experts will be formed from the different agencies of the government, private individuals and known scholars of law. The final draft will then be presented to congress for passage of the law revising the code.

Murder Book

Saturday, April 23, 2011

Palace Side on the RH Bill


Aquino once said in his 2010 Presidential Campaign about his stand on the RH Bill. Until now, he has not wavered his stand. With the growing controversy about Reproductive Health Bill, the President said that he supports the RH Bill even if he will be excommunicated from the sectors of Catholic Church.

“We are focused on the quality of life of all of their children and also on the idea that responsibility has to be borne by the parents together with the churches that they belong to the state”, he said.

Senator Panfilo Lacson also expressed support to the president for supporting the RH Bill amid the threats of excommunication. 

The senator said, “Finding ways to curb our monstrous population growth rate, which has been a major part of our poverty problem, is one sensible approach in poverty alleviation. Advocating population management is not being anti –life. In fact, it is pro-country and pro-people.”

Batas Pambansa Blg. 22

BP 22
Kindle Wireless Reading Device, Wi-Fi, Graphite, 6" Display with New E Ink Pearl Technology

Friday, April 22, 2011

Wednesday, April 20, 2011

B.M. No. 2265

EN BANC 
B.M. No. 2265 
RE: REFORMS IN THE 2011 BAR EXAMINATIONS 

Preliminary Statement 
The Court has found merit in the proposed changes in the conduct of 
the bar examinations that the Chairperson of the 2011 Bar Examinations and 
Philippine Association of Law Schools recommended.   
One recommendation concerns the description of the coverage of the 
annual bar examinations that in the past consisted merely of naming the laws 
that each subject covered.  This description has been regarded as too general 
and provides no specific understanding  of the entry-level legal knowledge 
required of beginning law practitioners. 
A second recommendation addresses the predominantly essay-type of 
bar examinations that the Court conducts.  Because of the enormous growth 
of laws, doctrines, principles, and precedents, it has been noted that such 
examinations are unable to hit a significant cross-section of the subject 
matter.  Further, the huge number of candidates taking the examinations 
annually and the limited time available for correcting the answers make fair 
correction of purely essay-type examinations difficult to attain.  Besides, the 
use of multiple choice questions, properly and carefully constructed, is a 
method of choice for qualifying professionals all over the world because of 
its proven reliability and facility of correction.  
A third recommendation opts for maintaining the essay-type 
examinations but dedicating these to the assessment of the requisite 
communication skills, creativity, and fine intellect that bar candidates need 
for the practice of law.   

Approved Changes 
The Court has previously approved in principle the above 
recommended changes.  It now resolves to approve the following rules that 
shall govern the future conduct of the bar examinations: 
1. The coverage of the bar examinations shall be drawn up by 
topics and sub-topics rather than by just stating the covered laws.  The test 
for including a topic or sub-topic in the coverage of the examinations is 
whether it covers laws, doctrines, principles and rulings that a new lawyer B.M. No. 2265   2
needs to know to begin a reasonably  prudent and competent law practice.  
The coverage shall be approved by the Chairperson of the Bar Examination 
in consultation with the academe, subject to annual review and re-approval 
by subsequent Chairpersons.  
2. The bar examinations shall measure the candidate’s knowledge 
of the law and its applications through multiple-choice-questions (MCQs) 
that are to be so constructed as to specifically: 
2.1. Measure the candidate’s knowledge of and ability 
to recall the laws, doctrines, and principles that every new 
lawyer needs in his practice;  
2.2. Assess the candidate’s understanding of the 
meaning and significance of those same laws, doctrines, and 
principles as they apply to specific situations; and  
2.3. Measure his ability to analyze legal problems, 
apply the correct law or principle to such problems, and provide 
solutions to them.  
   
3. The results of the MCQ examinations shall, if feasible, be 
corrected electronically. 
4. The results of the MCQ examinations in each bar subject shall 
be given the following weights: 
Political Law   -- 15% 
Labor Law   -- 10% 
Civil Law   -- 15% 
Taxation   -- 10% 
Mercantile Law  -- 15% 
Criminal Law  -- 10% 
Remedial Law  -- 20% 
Legal Ethics/Forms  --   5% 
   
5.  Part of the bar examinations shall be of the essay-type, dedicated to 
measuring the candidate’s skills in  writing in English, sorting out the 
relevant facts in a legal dispute, identifying the issue or issues involved, 
organizing his thoughts, constructing his arguments, and persuading his 
readers to his point of view.  The essays will not be bar subject specific. 
5.1. One such essay examination shall require the 
candidate to prepare a trial memorandum or a decision based on 
a documented legal dispute.  (60% of essays) 
5.2 Another essay shall require him to prepare a 
written opinion sought by a client concerning a potential legal 
dispute facing him.  (40% of essays)   B.M. No. 2265   3
6. The essays shall not be graded for technically right or wrong 
answers, but for the quality of the candidate’s legal advocacy.  The passing 
standard for correction shall be work  expected of a beginning practitioner, 
not a seasoned lawyer.  
7. The examiners in all eight  bar subjects shall, apart from 
preparing the MCQs for their respective subjects, be divided into two panels 
of four members each.  One panel will grade the memorandum or decision 
essay while the other will grade the legal opinion essay.  Each member shall 
read and grade the examination answer of a bar candidate independently of 
the other members in his panel.  The  final grade of a candidate for each 
essay shall be the average of the grades given by the four members of the 
panel for that essay. 
8. The results of the a) MCQ and b) essay-type examinations shall 
be given weights of 60% and 40%, respectively, in the computation of the 
candidate’s final grade.   
9. For want of historical data  needed for computing the passing 
grade in MCQ kind of examinations, the Chairperson of the 2011 Bar 
Examinations shall, with the assistance of experts in computing MCQ 
examination grades, recommend to the Court the appropriate conversion 
table or standard that it might adopt for arriving at a reasonable passing 
grade for MCQs in bar examinations.     
10. In the interest of establishing needed data, the answers of all 
candidates in the essay-type examinations in the year 2011 shall be corrected 
irrespective of the results of their MCQ examinations, which are sooner 
known because they are electronically corrected.  In future bar examinations, 
however, the Bar Chairperson shall recommend to the Court the 
disqualification of those whose grades in the MCQ are so low that it would 
serve no useful purpose to correct their answers in the essay-type 
examinations. 
11. Using the data and experience obtained from the 2011 Bar 
Examinations, future Chairpersons of Bar Examination are directed to study 
the feasibility of: 
11.1. Holding in the interest of convenience and 
economy bar examinations simultaneously in Luzon, the 
Visayas, and Mindanao; and 
11.2. Allowing those who pass the MCQ examinations 
but fail the essay-type examinations to take removal 
examinations in the immediately following year. B.M. No. 2265   4
12. All existing rules, regulations, and instructions that are 
inconsistent with the above are repealed. 
This Bar Matter shall take effect immediately, and shall be published 
in two newspapers of general circulation in the Philippines. 
January 18, 2011.   Source: Sc.gov.ph

How to Spot a Drug Mule (Investigation Discovery)



How to Spot a Drug Mule
When illegally carrying drugs from one country to another, the last thing one wants to do is stand out.  Here are eight signs that may tip authorities off to a drug mule masquerading in their presence.  The drug mule may…


1. Wear inappropriate clothes for the flight’s time of day.
The drug mule may be dressed in casual or colorful clothes, while the vast majority of the people on the 3 p.m. flight are dressed for business.  


2. Have little or no luggage for a supposed “vacation” or long visit.
How are you going to sun in Bali with nothing more than a satchel?


3. Take frequent trips to the bathroom, airport gift shops and phone banks.
The drug mule may be trying to kill time before meeting up with her handler, or may be uncomfortable and antsy from the large quantity of drugs she swallowed.


4. Act nervous, shifty-eyed or sweat profusely.
The usual stuff you would expect from someone carrying around pounds of illegal drugs in their body, bags or clothing.


5. Abstain from eating plane food on a long trip.
The drug mule carrying around drugs in her stomach can’t ingest any food for fear of excreting the goods too early.


6. Pay with cash for a plane ticket from a roll of bills.
This is unlikely behavior for the average traveler.


7. Travel with luggage that has no tags or very little information.
Vague ownership and unclear tags may be a sign that the traveler is not carrying her own bag or was supplied with a limited amount of information.


8. Get off the plane first or last.
The drug mule may be eager to get off before everyone else, or equally as eager to stay behind to avoid attention. Source: (Investigation.Discovery.com)

Another pinay drug mule nabbed in Indonesia


After another Filipina was nabbed for drug trafficking in Indonesia, the Department of Foreign Affairs (DFA) reiterated its warning to overseas Filipino workers not to accept offers of money from fellow travelers in exchange for carrying luggage.

In a statement issued on Thursday, the DFA said the Filipina was apprehended last April 3 at the Adi Sumarmo Airport in Central Java in Indonesia for carrying 1.193 kgs of heroin.
The department refused to disclose her real identity.

The Filipina was arrested by the Indonesian customs and excise officers upon her arrival there via Air Asia from Kuala Lumpur in Malaysia, the department said.

Initial investigation said that a Philippine-based member of an international drug syndicate sent the Filipina to Indonesia in exchange for $8,000.

At the moment, the Philippine Embassy in Jakarta is providing assistance to the Filipina to ensure that her rights are respected, according to the DFA.

“The Philippine government has a strong anti-illegal drug policy and is closely cooperating with law enforcement agencies in other countries on efforts against anti-drugs trafficking,” the department said.

“It is undertaking comprehensive and proactive measures to address the drug mules issue and to prevent the further victimization of Filipinos by international drug syndicates,” it added.

The DFA said the apprehension of another Filipina must serve as a reminder to Filipinos overseas to be careful and not to allow them to be used as drug mules.

“Harsh penalties await them in their destinations,” the department pointed out. On March 30 this year, three Filipino drug couriers were executed in China.

According to the DFA, there are 73 Filipinos in China who were meted death penalties with two-year reprieves. In China, drug trafficking of 50 grams or more of illegal drugs is punishable by 15 years in prison, life imprisonment, or death.

Saturday, April 9, 2011

Gawad Kalinga or "Gift of Care"


It is way beyond the proclamation of the Public Officials but the promise of the politicians campaigning for themselves or their party that is mostly centered on the poverty alleviation and low cost housing for the poor is still unclear.

Good thing GK or Gawad Kalinga or ‘gift of care’ in English is there to execute what they promised during their campaigns. Gawad Kalinga’s good deed started when in 1995 when as an initiative sought to rehabilitate the gang members and out-of-school youths residing in Barangay Siling, Caloocan City- the biggest squatters’ area in the Philippine at that time. They did it by holding a youth camp together with CFC (Couples for Christ).

Today thousands of people were the beneficiaries of the project. One example is in Leyte, in December 2003, GK turned over 70 houses to the landslide victims, to help them live a normal life again.

Gawad Kalinga Community Development Foundation is a Philippine based poverty alleviation and nation building movement dedicated to eradicating the poverty and restoring human dignity. Its vision is to bring the Philippines into First-World status by 2024, so called Vision 2024, which was launched in GK Global Summit in Boston, Massachusetts in June 2009.

Some of the achievements of the GK are as follows:

*GteK( Gawad Teknolohiya or gift of technology) – to provide IT training to high schools students and SIGA, the rehabilitation community for out-of –school youths.

*Bayan- Anihan (Harvest Nation) - a food-sufficiency program that inspires the poor toward self-sufficient food production.

*Lusog (Health in Filipino) – wherein medical practitioners contribute their time and effort through medical mission (free of charge), treat the poor and teach them about good health.

*They also started GK in Papua New Guinea, East Timor, Indonesia and Cambodia. Source: Enrich Magazine.


You can also visit their website at (www.gk1world.com) for more information. They are looking for volunteers to help execute their plans.

Witness - Hard Time: Philippines jail children - Part 2

Witness - Hard Time: Philippines jail children - Part 1

Tuesday, April 5, 2011

2010 BAR EXAMS TOP TEN PASSERS

Bar exam is really not an easy exam. Out of 982 examinees only 4,847 who passed the exam. For complete list of the passers, go to http://sc.judiciary.gov.ph/bar2010.htm.


1. SINGZON JR. CESAREO ANTONIO S. – Ateneo de Manila University – 89.00%
2. JAVIER, FILEMON RAY L. – Ateneo de Manila University – 86.95%
3. TOLENTINO, PAOLO CARLO C. – Arellano University – 86.80%
4. ANCOG, JANETTE R. – Ateneo de Davao University – 85.90%
5. SUNGA, JOHANA T. – Ateneo de Manila University – 85.85%
6. POBLACION, KRIZELLE MARIE F. – University of the Philippines – 85.65%
7. ORTUA, MARIA CHRISTINA C. – University of the Philippines – 85.05%
UY, KRYSTAL LYN T. – University of the Philippines – 85.05%
8. CAPONES, JOANNA EILEEN M. – University of the Philippines – 84.80%
9. GAN, WILLIAM BENSON S. – Ateneo de Manila University – 84.75%
10. CARAMPATANA, GLENN C. – University of San Carlos – 84.55%
SALIPSIP, DARREL L. – Arellano University – 84.55%