Seperating Heart from Work

One of the discussions that our class had in law school is a debate on what kind of lawyer would be more effective. The choice is between one who invests his emotions in his case and his client or one who detaches himself from the client and the case.

I could no longer remember the kind of lawyer that I chose but now that I am turning three in my law practice I have faced this dilemma twice already. You see I am not a person who goes through the motion of my work. I invest who I am to what I do but this same passion and commitment at some point paralyzed me and made me think of abandoning my practice. The first time was when one of my pro bono client died in prison and now when one of my client was allegedly abducted after he was recently released from prison.

I was so distraught then I am in such a bind now.

Sometimes I wish that I could just stop feeling for my clients and for my cases so that I would no longer have these moments of self searching where abandoning litigation becomes an option.

But I guess my husband is right that if I will be this affected I would no longer be an effective lawyer to those clients who still need my services.

I guess if it is a choice between an all feeling lawyer and a detached one I would choose neither. 

I  think I can be a more effective lawyer when I am passionate but I need to be more rationale. The point I guess is creating a balance between feeling and being numb.

For if my feelings could lead to inaction, it would be better for me to be numb but taking useful action. 

Happy New Year! (One Law Blog A Day Starts Now)

My New Year's Resolution is to write one law blog a day. :)

I am starting this year with sharing two basic concepts that I always remind my listeners in our radio program Batas ng Bayan at the Radio Mindanao Network.

NUMBER 1. Agreements should be in writing.

Not because no one is worthy of trust but because memory often fails us. Even simple loan contracts like I will pay the 100 pesos that I borrowed three months from now with no interest may cause confusion if not written down. The date of payment may be an issue. Whether or not there is an interest may become a bone of contention. The amount may also become a source of argument. But when the loan agreement is written down and signed by both parties it at least minimizes the possibility of discord.

Also some transactions should be in writing in order to have a binding effect. The rate of interest for example in loan agreements. A sale of real estate if not in writing is also unenforceable. These are just two transactions that requires that they be in writing. :)

NUMBER 2. Conversion of the husband to Islam without the other spouse converting to the same faith will not qualify him to marry another.

The application of P.D. 1083 or the Code of Muslim Personal Laws of the Philippines will not apply to their marriage if only the husband converts. It requires that both spouses convert into the Islamic faith.

The usual case in our jurisdiction is that a husband converts to Islam and marries another in a Muslim rite. This is contrary to law and can make him liable for bigamy, concubinage and even violation of R.A. 9262. :)

This is it for today. Happy New Year! If you have any topics that you want me to discuss do send me an email at psychefontanilla@gmail.com or post them in the comment portion of this blog. :)

Relevant Laws Of 2012

Year 2012 is a prolific year for the passing of much needed laws in our country. 

One practical and much needed law that was passed this year is Republic Act 10172. The law allows for the correction of clerical error in the birthday and/or month as well as sex of a person without the need of a court proceeding. This makes the proceeding an administrative one which is less tedious and economical.

The Sin Tax Reform Act of 2012 (RA 10351) was signed into law December 20 of this year. This law aims to to generate more revenue from alcohol and cigarettes while discouraging their consumption. It ensures that the  eighty per cent of the money collected from excise taxes on these vices will fund universal health care. It seeks to simplify the current taxation scheme on these items. It also lifted the price/brand classification freeze on these vices so that they can be taxed accordingly.

The passage of the Anti-Enforced Disappearance Act of 2012 (RA 10350) officially eliminates the notorious OB or Order of Battle of the military and the police.  It also prohibits the "arrest, detention, abduction or any other form of deprivation of liberty committed by government authorities or by persons or groups of persons acting with the authorization, support or acquiescence of such persons in authority, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such person outside the protection of the law.  

The Cybercrime Prevention Act (RA10175) though effectively suspended up to January of next year and considered by some as seriously flawed is still a welcome development. The law aims to fight crimes in the internet such as child pornography, spamming, cyberse, hacking and theft of identity.

These are just some of the relevant laws that were passed last year. We are still awaiting the signing of the Reproductive Health Bill by the president as of this writing and the vote on the Freedom of Information Bill. There is also a proposed expansion of the Anti Trafficking in Persons Act of 2003 to cover greater protection to women and children who are the consistent victims of the types of crimes prohibited by this law. It is hoped that 2013 will bring more useful laws and the updating of some that have not kept abreast with the time.

Published in Sarangani Journal 

Are We Safe?

I am writing this article in my work area. The television is in the other room. The news is blaring regarding the floods in Metro Manila. It is almost similar to the Bagyong Ondoy experience where I was trapped in a hostel where I stayed for the 2009 BAR Exam.

The news made me think if the Local Government Unit of General City is ready for a similar disaster. It made me remember the numerous environmental laws that we have and question the state of implementation of these laws particularly here in GenSan.

A quick glance at the Rules of Procedure for Environmental Cases A.M. No. 09-6-8-SC promulgated by the Supreme Court sometime in 2010 would show more than twenty five (25) laws pertaining to the environment and it still does not mention the Climate Change Act of 2009. 

A thorough reading of these laws would  tell us that the disasters that we face from time to time should not be a reality because the laws that we have are sufficient to prohibit or regulate actions that are environmentally harmful.

Beyond regulation and prohibition, a new law, the Climate Change Act of 2009 specifically recognized the correlation between climate change and disaster risk reduction. The law in fact espouses the  creation of a national and a local climate change action plan to assess  the impact of climate change, anticipate disasters and if need be manage the risks.

I hope that our city has a comprehensive and effective climate change action plan. Otherwise, I might have another Ondoy experience not in Metro Manila but here in Gensan.

 

*previously published in the Sarangani Journal.

Campaign Strategy and Election Related Law Seminar

Our Office is c0-organizing this seminar:

Campaign Strategy and Election Related Law Seminar on September 26 and 27, 2012 KCC Convention Center 8:00-5:00

Registration Fees: 3,000.00
Earl Bird Discount: 2,000.00 pay on or before August 31, 2012
Student Rate: 1,000.00

Do inquire about our sponsorship package. 09173127912 and 09108093998
 

Participants are handlers, politicians, lawyers and students :)

Speakers will be from the COMELEC national and University of the Philippines National College of Public Administration.

We do not accept walk-in. Register early.

This is a very rare event. Do come and join us. :)

Implement the law not lower the age of criminal responsibility to 12.

The problem with the "tun-og" or "hamog" boys is being blamed on RA 9344 (The Juvenile Justice and Welfare Act of 2006).

Critics of the law argues that the minimum age of criminal responsibility is the reason why we have children in conflict with the law (CICL) who are being used by syndicates to proliferate crimes knowing that they will not be held criminally liable.
  
I beg to disagree. I think that is not the problem of the law. The problem is with the implementation of the law.

The problem of children being used by syndicates can be easily remedied. Proper police work can make these syndicates liable and abusive parents can be deprived of their parental authority if need be. Correct diversion programs will keep the CICL off the streets and away from the syndicates. Properly funded and effectively implemented intervention programs can and will restore our children to what they should be. Not thugs and hardened criminals but wide eyed hopes of the future.

These ideas are not mine to claim. They are actually a product of the Barangay Legal Education Seminar conducted by the UP Law Center the work shop that followed where the participants who came from the police, the barangay, the media and the social work office shared their ideas.

Law indeed does not work in a vacuum.

"Previously published in the Sarangani Journal" :0

  

Looking for the Next Chief

Last week the country saw the first televised interview of the nominees for the next Chief Justice by the Judicial Bar Council.

This is a huge development in the cause for transparency in the judiciary.

Non-lawyers caught a glimpse, not of the morbid state of the judicial arm of the government which was rudely smacked on their faces with the televised impeachment of former Chief Justice Renato C. Corona, but feted with the brilliance of the logic of the nominees, the depth of their appreciation of the law and the breadth of their knowledge of the nuances of legal theories and jurisprudence.

Truth be told there were some nominees whose arrogance reminded us of the old boys club that epitomizes all that is rotten in our judicial system but some nominees made us smile and realize that a fifty something can still be idealistic and support that idealism with action.

As of date the Supreme Court had already set for oral argument the case brought by Congress wherein they insist that they should have two votes during the deliberations of the Judicial Bar Council.The Judicial Bar Council thus moved their deliberations to wait for the decision of the Supreme Court on the matter.

We the avid viewers are but waiting for the next episode of this telenovela and hope that the next justice would finally be someone who truly posses the qualities of competence, integrity, probity and independence.

(Also submitted for publication to the Sarangani Journal)