A Way to Celebrate Human Rights and Education Month

I am very grateful for this opportunity to once again speak before you my dear students and teachers of this beloved school. I accepted this invitation not because I am a worthy guest who could give a scholarly discussion on the subject but foremost because it really is my passion to share something I have learned, experienced or understood. In fact I am very much excited as again, I would be able to exercise one of my human rights, my freedom of speech. Thanks for reaching me out.

Today we celebrate the Human Rights Month. The United Nations declared the 10^th of December as the Human Rights Day for this day in 1948 was the day when the UN General Assembly codified and inked the Universal Declaration of Human Rights, which declared that the “Human Rights is the foundation of freedom, justice and peace,” and which paved the way to an insurmountable amount of progress against prejudice and discrimination.

The best way to celebrate Human Rights month is to take time to understand what exactly this codified set of freedoms does for you. Studying and researching it is a way to honor the work and lives that went into making sure this document came to exist for the good of all mankind.

Bago itong declaration of Human Rights, during World War II, there were four basic goals stated by the Allies, that every man and woman should know and experience. They spoke of four freedoms: Freedom of Speech (malayang pananalita), Freedom of Religion (kalayaan sa paniniwala), Freedom from fear (kalayaan mula sa takot), and Freedom from want (Kalayaan mula sa kahirapan). These ideas were set in place and upheld, but as was made clear by the atrocities committed by Hitler and others fascists, they were woefully insufficient to guarantee and enforce the freedoms they represented. So it came to pass in December of 1948 that the United Nations General Assembly put forth 30 articles that cover everything from rights to education, freedom, health, and more. Since this event these articles have served to help protect civilians in time of war or dictatorship, to help bring POW’s home, and to ensure that people everywhere are allowed to live in liberty and safety.

The theme this morning is very much appropriate and relevant. Napag-uugnay ito lalo na’t kasalukuyang pinag-uusapan sa buong Pilipinas ang pagtakbo ni Mayor Duterte at Bongbong Marcos sa pinakamataas na katungkulan sa pamahalaan. Forgive me for having to connect them to the subject but every time their names are mentioned, one thing normally crossed my mind: HUMAN RIGHTS. I hope you already get what I meant because I wouldn’t want to elaborate on it further.

Para po sa kaalaman ng lahat, throughout history there have been instances of wanton cruelty, and a blatant violation of the rights and privileges of mankind. Whether that was based on the color of one’s skin, their nationality, religion, or merely being unfortunate enough to be living under the regime of another country, people have regularly been treated like animals, or worse. Human Rights Month is here to remind us of that day in 1948 when the UN codified the basic human rights of every individual on the planet.

This month also marked the foundation of the Department of Education, which was established on December 20, 1863, by virtue of the Educational Decree of 1863, so that it would also be right to celebrate the same, for if not for the establishment of the educational system in the country, wala siguro ni isa man sa atin ang nandito ngayon.

However, let me give emphasis more on issue with regard to Human Rights. But what is human rights? What comprises of human rights? How are human rights protected in this country and internationally? How is human rights connected with education? Ito’y iilan lamang sa mga katanungan na maaaring manatili sa ating mga isipan bilang mag-aaral o guro. A very popular phrase, but what do we really understand of HUMAN RIGHTS?

Karapatang pantao. The basic rights and freedoms to which all humans are considered to be entitled. Inherent in all persons, from conception to birth until after our death, these rights are guaranteed not only by our laws but by the law of nations as well. Hindi ito binibili, hindi hinihingi, sa halip ito’y nakaugnay na sa atin simula sa ating pagkabuhay, o bago pa man tayo isilang hanggang sa kamatayan at lampas pa duon. Kaya nga po me dabate sa RH Law dahil sa pangangalaga ng karapatang pantao ng mga sanggol o mga hindi pa isinisilang.

We may never be cognizant of it but all of us must know and understand our basic rights. Pero anu-ano nga ba ito? Napakarami po, napakalawak po, at nakadikit sa kahit na napakaliit na mga gawain ang ating mga karapatang pantao.

Basic to our human rights are our right to life, right to liberty and right to property. Pinananagutan ng ating Saligang Batas at ng Pandaigdigang Kalipunan ng mga Bansa ang mga karapatang pantaong ito.

Right to life. Karapatang mabuhay. Kasama rito ang karapatan ng mga sanggol na ipanganak at mabuhay. Karapatan ng mga bata na mabigyan ng pagkain, mapag-aral at makapagsalamuha sa lipunan. Ngunit hindi lamang mga bata ang may karapatang mabuhay. Right to life does not identify any age, race, sex, civil status or financial standing. Lahat tayo sa mundo ay may karapatang mabuhay, bata-matanda, babae-lalake, me asawa o wala, me trabaho o wala, mahirap-mayaman. Walang pinipili ang pagkakaroon ng karapatang pantao.

Hindi nga ba’t pinatigil pagpapatupad ng Death Penalty dahil sa pagpapatibay ng karapatang ito? Hindi nga ba’t mahigpit na pinagbawal ang pang-aalipin o pagbebenta ng mga alipin? Hindi nga ba’t may mga batas na itinakda para protektahan ang buhay? Kaya nga po may paglilitis, kaya nga po may husgado, kasi ito ay pagbibigay-halaga sa buhay. Ito ay pagpapatunay na walang karapatan ang sinuman na kunin ang buhay ng isang tao kahit gaano pa man siya kasama hangga’t walang paglilitis na patas at walang kinikilingan. Extrajudicial killings, summary executions, salvaging are violations of right to life, violations of human rights.

Right to liberty. Karapatang maging malaya. You cannot be detained or imprisoned without due process of law. Walang karapatan ang sinuman na ikulong ang kanyang kapwa kung walang dahilan at walang paglilitis. This is the reason why the law penalizes illegal detention at kidnapping. This is the reason why we have courts, upang litisin ang mga may sala. We cannot just send or drag criminals to prison. Why? Because everyone is entitled to his right to liberty or freedom.

Kasama sa mga karapatang ito ay ang ating iba pang karapatan tulad ng Freedom of expression (karapatang magsalita), freedom of the press (karapatan sa pamamahayag), Freedom of association (karapatang makipag-ugnayan), right to travel and abode (karapatang maglakbay at magkaroon ng tirahan) at marami pang iba.

Right to property. Karapatan sa pagmamay-ari. Who among you here wants his property taken for no reason at all? Kaya nga po the law penalizes theft, pagnanakaw, corruption. This is to protect our right to property. Corruption is a form of violation of human rights, particularly of our right to property, don’t you know that? Why? Because we have a government of the people. The Philippine Government is owned by the Filipino People, so that anyone who takes away or plunders the property of the people should be held responsible.

Included in this right is the right of suffrage o ang karapatang bomoto. Sa pagboto, pumipili tayo ng ating mga pinuno na mangangalaga ng ating pamahalaan, who will protect our property in the government.

There are a litany of human rights but if we would be discussing each of them right now, we would be spending too much time and I will already be violating your right to attend your classes or to have some rest.

But let me discuss a very relevant subject. Very relevant to you now is your right to education. Karapatang makapag-aral, matuto at mabigyang-kaalaman. This is the reason why the government spends budget for free basic education. Libreng pag-aaral sa elementary at highschool. Libre po ang edukasyon mula elementarya hanggang highschool. Maaaring kulang ang mga pantugon ng pamahalaan sa mga karapatang ito, ngunit kahit sa maliit na paraan, ito ay pagpapatunay lamang na dapat pahalagahan ang ating karapatan sa edukasyon.Sa pagpapalakas ng karapatang ito. Public elementary and high schools are probihited to reject enrolees for any reason, it may be because of failure to pass entrance examinations, overcrowding or others. Walang karapatan ang mga pampublikong paaralan sa elementarya at sekondarya na tanggihan ang sinumang gustong magpatala. Any violation of this is an actionable wrong and would subject the administrator to certain sanctions. Kailangang gawan ng paraan na pagbigyan at tanggapin ang mag-aaral.

However, but, datapwat, ngunit, subalit, may kasabihan, ani Uncle Ben ni Spiderman, “With great power comes great responsibility.” Napakalawak man ating mga karapatan, lahat ng ito ay may kaakibat na responsibilidad o tungkulin. Every right must be exercised with due respect to the rights of others. Any abuse in the exercise of these rights are considered violations of the rights of others. Dire la kit mapatunga sa ato mga katungod, because other people around us have their human rights also. Yes, yaon ka katungod magkanta saim videosinco, pero dire karuyag sidngon na puede ka magngalngal mag-aga hasta makapurisaw saim mga higripid, because by that you are already violating the right of your neighbours to have a good sleep.

So that, if you have the right to education, you also have the responsibility to study. You have to make sure that you exercise you right fully and responsibly. The government spends for your education so much, don’t let that expense go in vain, because you are actually violating the right to property of the people who pay taxes, from where this budget for education are being drawn.

With these I would like to end by saying, “Learn and harness your human rights, exercise them but with fairness, justice and with due regard to the rights of your fellowmen. #

Thank you and good day.

An IBP Affair

The Integrated Bar of the Philippines-Northern Samar Chapter conducted a 3-legged affair just this afternoon. Being a new member of the IBP, I was invited to deliver a testimonial on my experiences, on how I did pass the Bar. I was challenged, so I willingly accepted it. Now, please do  me a favor, and take time to read. Here it goes...

"Good evening, Your Honors, Counsels, may I respectfully enter my appearance as a new member of IBP-Northern Samar Chapter."

Forgive me but I don't want to speak anymore about the 2014 Bar Exams. Even with the suggestion of the sitting Chapter President Atty. Cuyco that I give a "reload" of the testimonial I made during the opening of his review center, I am very sorry but really I cannot give in to his request. However, I am very much willing to tell you another story.

During our childhood or grade school days, i am very sure that almost all of us here had been asked about what to become someday. One upon a time in my life, when I was in grade 1, we were asked by one of my teachers. “What is your ambition? What do you want to become when you grow up?” The most common answers of my classmates then, especially the boys, were to become a pilot, a soldier or an engineer. Most of the girls would like to become a teacher or a bank employee. My classmates roared in laughter when I answered, “I want to become a magician.” My teacher wondered and asked, “Seriously? Tell my why? Do you want to change the world? Do you want to make money out of your magic?” I said, “Yes, I want to learn magic. I want to learn tricks on how to file masterfully the mah-jong tiles. I want to learn tricks on how to hide and change deck of playing cards, so I could always win in any mah-jong or card session. I want to learn tricks on how to flip “hantak” coins the right way. I want to gamble and win big through magic.” That’s how I saw the world at 6 years old. You know I grew up in this gambling neighborhood and all I saw everyday was gambling. Playing cards were our daily bread. I lived, slept and dined at the mah-jong table. I did not regret that, not because I could do nothing about it, but also because that helped me grow to what I am today.

My teacher, being so concerned about me, tried to change my view. She constantly reminded me that such was not a good dream for me. “You must become a priest instead. You must someday be called Fr. Clarence,” she said. She was constantly prodding me. And being young at that, I was persuaded, oh yeah, I said, "I should become a priest. I will be called “Father.” So to start achieving that dream I mingled first with altar boys at age 8 and became one for 10 years, serving 3 strict parish priests. However I did not forget about becoming a magician, alongside with being an altar boy, I had mastered the art of gambling, memorized the edges of our 4 mah-jong sets. Learn a lot of card tricks. I practiced my tricks using my fellow altar boys and the priests’ nephews as dummies, and as a result I easily collected their Sunday service allowances via card games. I made my personalized “Bicycle” playing card and won big during wakes or lamay. With hard work, I did become a little magician, while on the tip of becoming a priest. On one side, I had memorized novenas, as well as the sequences and recitations of religious rituals. I follow religiously and literally the footsteps of my priests.

However, when I was about to finish high school, one gambler in my neighborhood had this irritating influence on me. The late Judge Emma Balite, a professional gambler, but who suffered great defeat in my hands while I was still 15 years old, was being serious in reshaping my destiny. Almost every day and almost every time she lost, she would always tell me. “You cannot be a priest. But you can be a lawyer. There is no way you cannot be a lawyer. Enrol in law school after finishing college.” I wondered why, so I asked her. She retorted, “You will become a lawyer because your memory is good. You can even memorize your tiles. You can memorize your cards. You are good in logic, you can very well guess my next pass. Moreover, you outwit a Judge.” I did not quite understand her, so I would just answer, “OK I will try, are you gonna play tomorrow, Judge?”

That constant joke of Mana Emma lingered in my mind. Why wouldn’t I try becoming a lawyer? So, by the next school year, I found myself enrolling in political science class. I graduated from college. However, things became more complicated because after graduation, or even years before that, I had already felt that becoming a father was more of a reality than becoming a lawyer. The girls’ feelings were always mutual. I could not anymore contain it, so that the feelings won over ambition. But I was never out of track of my listed dreams. I did follow my teacher’s dream for me. Instantly, I became Fr. Clarence. I became a father to my three gorgeous children.” I hit two birds with one stone, right?

A few years into family life, I spoke with my wife. “Can I still be a lawyer?” And she would just answer, “You will have your chance. You can follow your dream but first never forget your responsibilities.” That being the case, I construed her word "chance" as one that was synonymous with the word "wait." I believed, I couldn’t make it now, so I contemplated a 15-year goal then. After 10 years I said, I will enroll in law school. So, that happened. 2009, I was in first year. A year after, I quit, but you know, this ambition won over feelings. I continued after I took a leave for one year and here I am. Still, the feeling is mutual.

I know my story was boring, because all of you here have much more exciting stories to tell. I am sorry but I have the floor so it is me at this moment who have the honor to tell and retell my life. You may reject it, but honestly all I want to share is the lesson I learned from my journey to the IBP, and also to warn you that once in my life I became a magician.

I have learned that there is no harm in dreaming, and in trying to reach your dream. I know my good friend and coach Attorney Albert Yruma always dreamed of walking straight (he is a folio victim being confined to his wheelchair), so he may reach far places. He may not be aware of it but he has already walked straight. Look at him, a straight family man, straight legal professional, and someday a straight and righteous judge. Moreover, pag lasing na kami, siya na lang talaga ang straight maglakad, lahat kami hindi na maayos yung lakad namin. I know my good friend and mentor Atty. Jonathan Loberio has dreamed of having a child, we may not be aware of it but he may already has fathered a child. Oi Sir, ha? (Joke lang) No. Really, as Dean Marlon  always reminds us and I quote, "There is nothing in this world that is impossible. For the word impossible could only be found in the dictionary." Let us therefore continue to dream but just make sure to wake up. Sleep with emergency kits then.

In closing, I want to thank everyone here, my IBP family for welcoming me to your club. I know you have no better choice. To the Honorable Judges and Prosecutors, please forgive my errors, I am a new lawyer you know, and you all know that court litigation was never the focus during law school. To my fellow lawyers, especially if you happen to be my opponent in court, please, please do not take advantage of my being a neophyte. I must admit I have so many flaws. I have so many lessons still to be learned, and I do not know everything yet with respect to the intricacies of court practice. Please to all of you here, please, be calm, I am a new lawyer. 

Thank you and I love you all."

Juristsbar: The Best Bar Review Center Ever

When I graduated from law school, I really had doubts. I always looked at the mirror asking myself if I was ready to take the bar. I couldn't help it but smile while recalling on how messy my preparations were. My four years law proper was more than just a roller coaster ride, I almost quit after I took a leave from school for a year. You could just imagine how painful it was for me to take up law while being a full-time employee of one of the most demanding GOCCs in PH, while being a full-time husband and a full-time parent to my 3 kids, plus a full-time guidance counselor to my 5 siblings. I was thinking I should get it double big time in my review to be able to make it to the bar.

But such doubts were replaced by hopes just moments after I attended my first Jurists lecture. That was when Jurists made me feel and claim the phrases “I belong!” and “I can make it!” Big thanks to my Jurists Family. The lecturers were superb, exceptional, and updated. The schedule was great and suited very nicely to the demands of breeze-through reviewees like me. The coaches were nice, well-trained and straight to the point. The mock bar questions were “hard” and very challenging, some of them even appeared in the bar (Thanks again). The management and staff were very accommodating, and cute.

And such hopes turned into confidence and some certainty, after the pre-bar lecture series. Not to mention how hair-raising the predictions of Hon. Manny Riguera and Atty. Carlo Cruz were. 

Words then could never describe how helpful Jurists was in making me nail the 2014 Bar Exam. Words still could never define how thankful I was in having Jurists as my bar exam buddy. Anybody could dispute my statements about Jurists, but before you do it, taste first the Jurists method, and look at the results.

Congratulations to my Jurists Family! I belong!

Slaying the Bar Exam Dragon: My Secret Weapons

For me, passing the bar proved nothing of my worth yet. It did not prove anything about my study habit, my discipline, the number of books that I've read, the string of cases I have digested or the measure of laws and principles that I have learned from law school or during review. It proved nothing, except for two things: first, The Power of Prayer; and second, perhaps I have proven before my wife that I did not do anything dirty while I was alone reviewing at the big city.

The bar exam or taking the bar exam is not that hard as first takers like me normally think. But passing it, is the real measure of how hard it really is. I keep with me three secret weapons which helped me nail it. Secrets which, I feel, are ought to be shared. Simple, hard, maybe.. but doable. These are...

1. Prayers (dasal-dasal din pag may time)
2. Hardwork (basa-basa din minsan); and
3. Karma.

Prayers really do wonders. In Matthew Chapter 17 Verse 20, the Holy Bible states, “Our faith can move mountains.” It really did for me. There should be no space for any doubt, not even reasonable doubt. Faith. This is what kept me hanging from day one until the release of the results.

I don't know if it will work for you, my future barristers, but what I want to share with you, which you may try right after reading this and before going to bed, worked well for me. My prayers were definitely of single subject, I didn't juggle up all the things I wanted and asked from the Lord. Isa-isa lang, baka kasi malito si Bro, hindi nya tuloy maintidihan ang gusto ko. And then sa prayers pa lang, brinaso ko na talaga! Ok, Listen! I said to God, always, after thanking Him and asking for forgiveness for my petty sins, “Lord, let me pass the bar, the 2014 bar, and no other bar. I really need to pass this bar because I can never take a second chance. Of course, you see my sacrifices and hardwork, and the sacrifices my family has made just for me to pursue this. I do not want to give them another damn whole year of agony, and I hope you understand. I am determined to pass this with all your help, and I will never repeat it. Never. Thank you, Lord, for listening.” Yun lang... and the Lord replied, “Who U?” … Really, never underestimate the power of prayer. Praise the Lord! Amen? Amen.

Aside from prayers, of course, hardwork. How dare you ask the Lord for help when you yourself did not even bother lift a single page of the SCRA. Nobody would notice but, despite of my being a full-time employee, full-time husband, full-time parent to my children, and a working student with full-load courses, I managed to read all my books from cover to cover, not only once but thrice. I digested cases myself, although not all of those assigned by Sir Bobby, but most of the digested cases I submitted were my sole work, and I never copied them, except for some, of course, who ain't copyin' here anyway. I memorized what needs to be understood. I almost did memorize the whole Rules of Court, the Constitution and the Tax Code... almost during the review. I researched for latest laws and jurisprudence and digested them even if not required. I tried to refine my penmanship during the review, but unfortunately, the raw unrefined one suddenly appeared in my booklets during the bar. But I was not surprised because I have already heard of this phenomenon, and I have formulated a secret but effective remedy for it, so that I just added a line in my prayers telling the Lord to grant the examiners peaceful and accepting mind and let them read my answers notwithstanding the unsightliness of my writings.

So look now, I am starting to believe that hardwork really pays off.

Finally, Karma. I really am not a fan of the Golden Rule, which states, “Do unto others what you would want others do unto you.” Anu yun, pag nang-rape ka, rereypin ka din? Ang saya-saya naman nun, di ba? Pag nakabuntis ka at tinakbuhan mo, mabubuntis ka din at tatakbuhan ka? Parang ang sagwa naman din, di ba?

Karma, the law of moral causation, the principle which teaches us that good intent and good deed contribute to good karma and good fortune and future hapiness, while bad intent and bad deed contribute to bad karma and future suffering. Sabi pa sa books ni Justice Paras, “This is self-explanatory!” But let me explain how I did it and how karma returned back the favor.

Truly, as I've said earlier, I did not do anything dirty during my studies, during the review, and even before or after that. You know, the metropolis is such a huge ricefield, filled with full-grown rice just waiting to be reaped and picked up, so I tried hard not to transform myself into a chicken. Maraming palay, kaya busog na busog sana ang manok. Tuka dito, tuka dun. But I never did that. I was never persuaded. Sabi pa ni Lebron James, “Not once, not twice, not thrice..” Never. And the Lord saw all that, and Karma felt all that. Restraint, discipline, karma. Bad deeds beget bad karma. So what did I get? Good karma, of course, which means that...? You're all principled and intelligent law students, you very well know the answer.

Good deeds beget good fortune. Do you still remember Article 19 of the Civil Code, “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.” Self-explanatory. But then again, let me explain. My explanation though, may be far away from what the law means. Anyway, just listen.

Share what you have. Help those who are in need. Give justice to everything you do. Back at law school, I never hesitated to share what I know, what I have learned and what I have. Kaya nga I got the “Uber Award” during our hooding exercises because I had the over-confidence to share to everyone in the class what I learned. I blogged my digested cases for the consumption of those who need them. Sino ba dito ang nagbabasa ng “School of Ants” or ng “Memoirs of the Colony?” Sorry ha, pero ako po yun, the Commander of the Red Army Ants. Dinaygest ko po ang mga cases dun, and it always elates me to hear law students fest on my blog and copy them in toto and submit them to Judge Rosadiño, Atty. Sison, and Atty. Figueroa. But what were I thinking in doing that? Karma.

'Wag ka din masyadong pala-away, or if you have done something wrong to someone, ask for forgiveness, even if that someone wouldn't let you off. And if somebody asks for your forgiveness, pagbigyan nyo na kaagad. Kasi alam nyo, Karma...

And you know what? When you always do good things, pag mabait ka, every person who knows you, prays for your success. Inaabangan ka at ipinagdarasal na sana pumasa ka. Hindi naman po ako masyadong mabait, but as much as possible, I always try to do good. Ganun lang naman po kasimple yun.

One more thing. Don't be ashamed to tell your friends and relatives an nag-bar ka. Don't hide and be too concerned of what they will say in case you won't make it. Because most likely, your friends and relatives will include you in their prayers and intentions if they know that you are in it. Para bang pag tataya ka sa Lotto, dapat i-share mo din number combination mo, para maraming nagpe-pray na sana lumabas yung mga numero mo.

Those were just the things I kept before, during and after the bar. I lived and dined with them. And I know me is doing it right, because I already saw the result. Let thus these secret weapons be revealed, shared and nurtured. Share the word. Share the weapons, and let everyone slay his own dragon, the bar exam.