Midterms Week for Second Semester SY 2010-2011

Today, January 29, 2011 is the last day of Midterm exams for First Year Law Students at the University of the East - College of Law. Luckily, I have only one exam scheduled for today because my other four subjects were already done the early part of the week.

But my last exam proved to be the longest and most exhausting one, the exam was made not for a two-hour exam but I think you need more than five hours to accomplished. The five pleadings alone would eat up around 2 hours - you need to prepare with your own facts a Criminal Case Complaint as well as a Counter-Affidavit, then a Civil Case Complaint and the Answer to that. Both criminal and civil case pleadings have different set of facts. And add to that the pleading Demurer to Evidence.

It's not that you can not think of how to create your pleadings, but what will matter is the exhaustion in thinking as well as in writing down the pleadings and also the time allotted to finish the exam.

But as they say, if there are hardships, there will be success. And if there are evil, the good are just around.

Despite to all what happened this week, I am still thankful for everything. Thank you God for the week that had past. Thank you for keeping us in your guidance!

What I think of Hubert Webb Acquittal?

 ~This is one of my previous essay in completion with my subject on Legal Writing this semester.

I think the recent acquittal of Hubert Webb and company created a lot more questions than answers not just to the people directly involved such as Mr. Lauro Vizconde and the Volunteers against Crime and Corruption (VACC) but to all people around the Philippines and even abroad that followed the proceedings of the so-called “trial of the decade” or the Vizconde Massacre from the Regional Trial Court, the Court of Appeals and the Supreme Court.

I have read, heard and viewed several opinions, commentaries and interviews of the both parties involved in this landmark case – mainly Vizconde and Webb. Still both camps have endless questions, and one key question was if Webb and company are not the real perpetrators, who would it be?

The Supreme Court’s main contention that the testimony of the star witness Ms. Jessica Alfaro were not credible and also the witness herself cannot be credible is a matter of “trial of facts” to which the lower courts have the task at hand to perform, the Supreme Court being the highest court of the land has the power to review decisions of the lower courts as well as the Court of Appeals.

The decision of the Supreme Court created another question, why the high court is now a trial of facts? The credibility of witnesses and their testimony are best observed in the lower courts where the judges can directly and personally observe the actuations, reactions, speech and body language among others of the witnesses. While in the Supreme Court, the justices are just facing and reading the voluminous records and transcripts of the proceedings from the lower courts.

Also, the question of who are now the real perpetrators are still left hanging in the air.Will this question remain unanswered as the case remains unsolved? It would have been more ideal, justifiable and acceptable if upon the acquittal of Mr. Webb and company, the Supreme Court or any related government agency have captured or pinpointed the real criminals. This would have really put an end to this two decade proceedings.

Now, the Motion for Reconsideration filed by Mr Lauro Vizconde I think will just be in any way dismissed by the High Court, for the reason that nobody can be put into double jeopardy, meaning you cannot file the same case and respondent twice. The acquittal has ended the battle of Mr. Lauro Vizconde against Mr. Webb and company.

I feel sorry to Mr. Vizconde that until now justice seemed to be so hard for him to achieve. I just want to believe that if he cannot get justice here on earth, in heaven, he will.

~January 8, 2011

Law School - 1st Year 2nd Semester SY 2010-2011

My 1st semester of Law School at the University of the East was indeed a great one! I have four subjects, 2 major and 2 minor to start (Criminal Law 1*, Persons and Family Relations*, Statutory Construction and Legal Philosophy). And with all efforts, I passed the said subjects with satisfactory grades ranging from 1.75- 2.25 despite the fact that I am working at day and studying at night.

Now, 2nd semester already started, and I think I am doing a superman's work this time. Despite the financial troubles, I courageously enrolled 5 subjects with 3 major and 2 minor (Criminal Law 2*, Obligations and Contracts*, Political Law*, Legal Writing and Law on Natural Resources). Looking back the past days, I seem to re-think how I have done it?

With all the pressing problems in my life, I think this will be one of the greatest test of my mental capability as well as emotional and physical. Well, here we go, I am already at the doorstep, I have done several see-saw moves the past days and I do not want to stop from where I am standing now. Let the door be opened wide.