Role Of Law Students In Nation Building: Upholding And Strengthening The Rule Of Law
Three decades ago, the world has witnessed the compelling strength of people united in its fight for democracy and the rule of law. The People Power Revolution in EDSA has established an enduring reminder that no amount of power or brute force can silence a nationâs plea for freedom and justice.
An unfailing respect for the rule of law is the fundamental ingredient to build a nation and sustain its life and growth. It is through it that we, the sovereign people, are assured that the laws are just and reasonable, that fundamental rights are protected, and that everyone is treated equally under the law.
The recent years have proven to be even more challenging for the rule of law. The age-old threats of tyranny and corruption remain, but the enemies of the law are now armed with even more potent armaments of spreading widespread ignorance and misinformation. The realities of today therefore demand a stronger movement to annihilate these threats and a more active involvement and participation from members of the academe and the legal community as a whole â to call for justice, to require transparency in government processes, and to exact accountability.
Law students are guardians of the Constitution. Gone are the days when students of law are expected to stay in the comfort of their classrooms and be absorbed in their textbooks. Along with government actors, the academe, non-profit organizations, church leaders, lawyers, activists, and members of the media, among others, learners and scholars now share the sacred duty of ensuring respect for the Constitution, the very blueprint where all principles of law emanate from. Law students shall therefore position themselves in the frontline when the government and non-State actors commit breaches against the Constitution.
Law students are seekers of truth. In this age of (mis)information, fake news emerge as some of the most potent threats to democracy and free press. Nowadays, even governments and people in power utilize the so-called alternative truths to easily manipulate public opinion and discourage dissent. As active users of social media and the internet, law students occupy the best position to combat fake news as well as to encourage scrutiny especially for the acts of persons holding public office.
Law students are advocates for human rights. Human rights advocacy does not require one to be a lawyer or a professional working for an NGO. There are many ways that law students can effectively help affirm respect and advance the protection for human rights. For example, law students can stand up for peopleâs rights by expressing support for laws and policies that recognize the vulnerability of certain groups and establish programs to address issues and challenges they face. Law students also perform an essential role in affirming the fundamental respect for human rights by expressing condemnation on acts that violate or threaten our core values and decency as a people.
Law students are catalysts for social change. Equipped with leadership skills, law students can assume roles that influence policy-makers and empower members of their respective communities in order to promote political awareness and encourage community participation especially on matters concerning the election and other democratic processes. Law students and their organizations can also build alignments and alliances that facilitate the provision and delivery of services between the government and the community.
The time for silence had long ended. Now more than ever, there is a compelling urgency for every single voice to be heard, for every person to take his stand. For in the fight to uphold the rule of law, the enemy hides in plain sightâdonning the regalia of power and ambition. And in a fight where we cannot afford to lose, every single player mattersâbe it a justice of the high court or a law student learning the intricacies of the law.
ALSP Officers Take Oath Before Acting Chief Justice Carpio
On August 17, 2018, the newly elected and appointed officers of the National and Regional Boards of the Association of Law Students of the Philippines, Inc. (ALSP) for the Academic Year 2018-2019 formally took their oath of office before the Honorable Acting Chief Justice Antonio T. Carpio in the Dignitaries Hall of the Supreme Court of the Philippines. The ceremony signifies their assumption to their respective offices as well as the duties and responsibilities which their positions entail.
L-R: Diony Orense (Governor for Southern Luzon), Herculano Capute Jr. (Secretary General), Javier Benjamin Tongol (Vice President for Academic Affairs), Florinie Abregunda (Auditor General), Kristel Ann Develos (Governor for Visayas), Hon. Acting Chief Justice Antonio Carpio, Jonas Pampilon (National President), Alea Ana Monica Rejuso (National Treasurer), Karizza Kamille Cruz (Vice President for Marketing), Laira Manankil (Vice President for International Affairs, and Patricia Rose Angelu Hidalgo (Governor for NCR)
[National Capital Regional Board] L-R: Kariz Elizabeth Teh (Public Relations Officer), Ann Balingao (Secretary), Micah Erica
[Southern Luzon Regional Board] L-R: Erikka Pimentel (Secretary), John Arnold Marbella (Vice Governor), Diony Orense, Acting
[Visayas Regional Board] L-R: Geraldine Moragas (Treasurer), Joan Nacorda (Secretary), Kristel Ann Develos, Acting Chief
[Mindanao Regional Board] L-R: Eunice Ambrocio (Public Relations Officer), April Joy Boreres (Secretary), Acting Chief Justice
Prior to the occasion, officers from the different regions gathered in the Arellano University School of Law (AUSL) before heading to the Supreme Court.
Subsequently, the group went to La Estrella, Tagaytay for the Team Building/Planning. The officers discussed their respective General Plan of Action (GPOA) and shared their ideas with regard to their annual plan and other upcoming projects.
On the following day, the officers headed to Dinerâs Original Bulalo in Tagaytay for lunch wherein they continued with the meeting and planning for future ALSP projects. When the meeting adjourned, the officers parted ways and enjoyed the cold atmosphere of Tagaytay.
âFor this year, ALSP will continue to deliver the services which aim to benefit the law student community and, at the same time, it will introduce programs that will foster volunteerism and active engagement of law students in the society.
The Association, with the collective efforts of every Region and full participation of the law student community, can surely achieve these plans.â Â â National President Jonas Pampilon.
To view the National and Regional activities for AY 2018-2019, you may check this link: https://alspnational.home.blog/calendarofactivities/
In order to survive law school, thereâs only one thing you should possess.
Itâs not mental fortitude. Law school does not recognize brilliance or a superb grasp of the context of the law. You may have memorized all the codal provisions assigned and all the related jurisprudence from the first paragraph up to the last, but only time will tell on when youâll be asked a question beyond what you have read. By that time, youâll be left alone in the wind, staring blankly at your professor waiting to be seated and be saved from further humiliation.
Itâs not physical fitness. Law school is a place wherein even the strongest fail to surpass. Your body will crumble, slowlyâand then all at once. Youâll be writing up to 300+ case digests for one subject, and preparing hand-written notes for another all at the same time. Your hands will go numb, and your eyes tired and teary. Youâll be wishing you took all the afternoon naps you used to have before you pursued further studies. Youâll get sick once in a while, and get even more sick thinking that youâre not able to study for the next dayâs subjects.
Itâs not emotional stability. Law school has made thousands of students cry. Puddles of tears have been drained that they could drown you twice already. Youâll break while studying alone in your room, or break while having a random conversation with your friends whose struggle is also understood. Youâll ask yourself on why everything is happening the way they are, and question the mad methods you pursue to survive. Youâll cry again after that.
In order to survive law school, thereâs only one thing you should possess.
ITâS YOUR WILL.
The will reminds you on why you entered law school in the first place. The will reminds your spirit to remain afloat. The will keeps you alive, surviving, believing that you can. It is the will that is the most important. It is the will that must not break. It is the will that would eventually turn us into legal barons in the future.
The body may break. The mind may collapse. The heart may surrender. But the will must remain strong and convincing. Everything else will follow.
Stay strong, kids. Stay strong.
Original facebook post found in this link: https://web.facebook.com/archiebald.capila/posts/2007737439246138
The city tour became the main activity of our 4th day in order for us to appreciate the rich history and culture of Singapore. By understanding the nationâs history and culture, we will be able to have a perspective how it reached its status and became the country it is today. Their success story can also be our success story here in the Philippines.
Seventeen participating schools, five days of productive legal exposure trip, and one great experience â We are not only driven to learn, but also hungry to share our knowledge from this event in the nationâs  campuses.
The Association of Southeast Asian Nations (ASEAN) Legal Camp 2018 is the first ever legal camp project spearheaded by the Association of Law Students of the Philippines, Inc. (ALSP) which happened last June 22 to 26, 2018. The objective of this study trip is to expose the delegates to the legal system and education in Singapore, to learn about the ASEAN integration in line with the legal profession, and to interact with fellow law students in that country. The following are the day-to-day highlights of the five-day study trip in Singapore:
Legal Education Board in University of the Philippines-Diliman
Rafael Ricalde, ALSP 2017-2018 National President and now member of Board of Trustees, with the ALSP National Board 2017-2018 welcomed the delegates and thereafter conducted an orientation to what the students will expect in the next few days. Also, Atty. Emerson Aquende, Chairperson of the Legal Education Board of the Philippines, reminded and encouraged us, student leaders, to play a big role in ensuring that our respective law schools continuously excel in the legal education.
Philippine Embassy in Singapore
Philippine Ambassador to Singapore, Joseph Del Mar Yap, and the Philippine Consulate team welcomed the delegates, and lectured about the ASEAN Integration and the opportunities it brings for the legal profession. Lecturers were able to give us a glimpse of the future of legal profession and how we are to prepare for it so that the objectives of such integration will be fully realized. Indeed, the future looks bright for ASEAN!
Supreme Court of Singapore
Observing and being able to attend a court hearing gave us a perspective how litigation is being done in Singapore. Â There are a lot of similarities how we do things here in the Philippines. The technological advances is evident as a tour was conducted inside the premises of the Supreme Court of Singapore. It may be regarded as one of the best in Asia because of their state-of-the-art system, structure, and facilities.
Introductory Dinner
To foster camaraderie among the delegates and several law students in Singapore, a solidarity dinner was done to cap off our first day in that beautiful country. Â Strengthening the connections among law students will ultimately lead to greater partnerships in the activities that will be planned and executed. This will in turn benefit the ASEAN law students in the future.
Cultural, Historical, & City tour ASEAN Legal Camp introductory dinner for the delegates at Cali @ Changi with Asian Law Studentsâ Association (ALSA) â Singapore President, Siew Jowen.
The city tour became the main activity of our 4th day in order for us to appreciate the rich history and culture of Singapore. By understanding the nationâs history and culture, we will be able to have a perspective how it reached its status and became the country it is today. Their success story can also be our success story here in the Philippines.
NUS Law Campus Tour, LLM introduction, and ALSA Talk
National University of Singapore Law (NUS Law), considered as the #1 Law School in Asia, gave the delegates an opportunity to tour their beautiful campus. The innovative curriculum, globally-competitive graduates, and state-of-the-art facilities of NUS Law makes it the number one (#1) law school in Asia. A short talk was also presented to those intending to take up LLM in NUS Law in the future. We also witnessed a forging of partnership between ALSA and ALSP. Exciting times are ahead because more international opportunities await law students here in the Philippines as more activities will be opened for them by ALSA.
Rafael Ricalde with Ms. Tan Swee Liang, the Associate Director of the NUS LLM Program.
Rafael Ricalde with Siew Joen, ALSA â Singapore President.
Law firm visit at Sidley Austin LLP
To cap off our study trip is our visit in Sidley Austin LLP law firm Singapore Office, where we met Atty. Gmeleen Tomboc, the lone Filipina lawyer in Sidley Austin Singapore. A consultation and encouraging talk was given by the managing partners & lawyers of Sidley, considered as the 6th largest US-based corporate law firm that offers services in Corporate Law, Intellectual Property, and International Arbitration and Litigation. One of the notable things we learned from Sidley is how they involve themselves and put premium in their Pro Bono and internship projects. It is wonderful to know that there is a great opportunity out there for Filipino law interns and lawyers to practice law even on an international level.
The ASEAN Legal Camp 2018 in Singapore has opened possibilities for greater partnerships among law students in the ASEAN region. It also created a vision that will continually inspire the student delegates in choosing the path that they would like to pursue in the future. The experience left an indelible impact on the lives of the representives of the seventeen (17) law schools in the Philippines.
Follow ALSPâs official social media accounts for updates regarding programs and projects like this.
#ALSPTo30
WRITTEN BY: JUMEL CAPURCOS, SHANTEE LASALA, DENZ CHRISTIAN RESENTES AND JUNSAN SORRA | EDITED BY: ARCH JOHN CAMPS AND KARIZZA KAMILLE CRUZ
The Philippines will host the Asian Law Studentsâ Association (ALSA) Forum 2019, Ms. Laira Manankil, Vice President for International Affairs of the Association of Law Students of the Philippines, Inc. (ALSP), announced on Wednesday.
In the General Assembly held in the ongoing forum in Colombo, Sri Lanka, a bidding for the next host was conducted. The ALSP, through its delegates, headed by Ms. Manankil, garnered the unanimous vote of the sixteen (16) National Chapters of ALSA and won the privilege to host the event.
Laira Manankil and Herculano Capute Jr., Vice President for International Affairs and Secretary General of ALSP, respectively, during the bidding of the next host of ALSA Forum.
The ALSA Forum is the biggest event for all law students in Asia. It aims to promote legal awareness, to encourage academic and cultural exchanges and more importantly, to build stronger relationships among Asian law students. The forum includes the Annual General Assembly, which is ALSAâs most important platform.
The theme of this yearâs forum is âAlternative Dispute Resolution Methods and 3rd Generation Human Rightsâ. It started last Sunday, August 05, and will end on Saturday, August 11.
ALSPâs official delegates to the ALSA Forum 2018 in Colombo, Sri Lanka. L-R: Herculano Capute Jr., Lourdes Erika Cruz, former Marketing and Communications Officer, Laira Manankil and Rafael Ricalde, member of Board of Trustees.
The last time the forum was held in the Philippines was in 2013.
Follow ALSPâs official social media accounts for future announcements. #ALSPTo30
WRITTEN BY: KARIZZA KAMILLE M. CRUZ | EDITED BY: ATTY. REGGIE B. LLANTO
Charter Change is a revision of the Constitution. It is a revamp of the present Constitution, making it more appropriate to the changing times.
The 1987 Philippine Constitution is written, conventional and rigid. A tedious and laborious process first needs to be done before the Constitution is changed. Article XVII, Sec 1 and 2 of the said Constitution provides for the process on how amendments and revisions should be made. This is through the Congress, upon a vote of three-fourths of all its Members or through a Constitutional Convention. Sec. 2 of Article XVII states that, âamendments may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein.â
President Rodrigo Duterte has long expressed his desire to change the form of government in the Philippines; making it a Federal-Parliamentary form of government instead of the present Unitary-Presidential. However, according to Pulse Asia, 7 out of 10 Filipinos do not approve of this shift in the form of government. Many believe that this is unnecessary and cumbersome. The shift shall surely cause drastic effects on the nationâs economy and overall welfare.
The Good, and the Bad
The Charter Change is expected to address the economic policies of the country, especially that of Foreign Direct Investments (FDI). Currently, foreigners are only allowed to have 40% in the equity shares in corporations. It has been observed that the economy of other countries like Singapore, Malaysia and Thailand had dramatically improved when they have changed their policies regarding FDIs. It can be said that the Philippines could also achieve the same by making it possible through a Charter Change.
Still, many are hesitant to embrace this shift. Presidential Spokesperson Harry Roque said that this could be only because of misinformation. Federalism offers benefits but we cannot deny the fact that it also has risks.
Some of the advantages of Federalism are: concentration of funds on a certain region, thus making this a game changer on the development of the locality. Local governments do not have to wait for funds from the national government for their projects. Also, in a federalism type of government, decentralization will help each of the regions decide for their own good according to their needs, culture and traditions. The local governments may legislate its own laws depending on what is most applicable to their people. Better solutions shall also be achieved. This will also lessen the dependence on Metro Manila for the nationâs wealth shall be distributed more evenly.
The disadvantages of Federalism on the other hand, are: It would make the nation more divisive, probably for it could promote an unhealthy competition among the Federal states and may intensify regionalism, which has been an age-old problem of the Philippines. Also, because this form of government is alien to the Philippines, some regions might have a hard time adjusting to the change, thus, there may be no balance between the developments of states. Changing into a Federal Form of government shall also cost billions. Obviously, there is still too much to consider before implementing Federalism.
Centralization is argued to reduce the inconsistencies on the distribution of the peopleâs funds. On the other hand, those who are advocates of decentralization would argue that centralization only aggregates the power into an imperial Manila. The growing attention to Charter Change or a shift to Federal form of government is supported by multitude of campaigns and debates in print, broadcast, or in social media.
Federalism will drastically change the distribution of funds on education. In such structure, states can keep 80% their local revenues, and 20% to the national government. The states can likewise create local laws on financial allocations for education, hence a more efficient way of budget distribution for the people.
The decentralization traits of the federal system chiefly recognize regional differences when it comes to socio political compositions in order to utilize resources. This idea sounds promising, as the current government structure is in fact centralized, and the imperial Manila receives the funds but is challenged to distribute it evenly towards various national regions, as some regions are still underdeveloped.
This might not be the case. One the criticisms points to the current inconsistencies in educational resources and infrastructures between and among the regions. This can slow down the system, and would produce more problems which might undermine the structure itself.
Alternatives to Charter Change?
One of the biggest problems in the country is corruption. The current form of government does not hinder it to pass local laws in order to fund the fight against corruption. There are technological advantages that government can look upon, which can effectively minimize corruption in the country. It will only take political will of public officials in order to make it happen, in so far as not changing the current system of government. A more effective way of fund distribution can likewise be done through heavy government spending on technology which can solve the countryâs longstanding problem on corruption.
The Local Government Code of 1991, on the other hand, the tenet for local governance, can also be improved or amended in order to channel greater power to the local governments in funding their educational, agricultural, and industrial needs.
It is now that the people should be more vigilant for âEternal vigilance is the price of liberty.â In a political crisis like this, the countryâs people need to be more involved for whatever happens now will not only shape the lives of the people of today. This has serious implications to the next generation. The nationâs future is at stake and we cannot just let change happen if it can threaten the nation. Federalism can be good, but it can also be bad for the country. It can be promising, but it may conceive more problems rather than solve them. There are alternatives to Charter Change, which only takes political will. If this alone is required in order to solve the nationâs problems, as it is on scrutinizing Federalism, then we may have realized a powerful solution which can rebuild our nation. (Photo from: cbclawmatters.blogspot.com)
References:
Advantages & Disadvantages of Federalism. Retrieved from https://bloomp.net/articles/benefits-of-federalism.htm
Federalism in the Philippines, explained. Retrieved from https://kami.com.ph/2492-federalism-philippines-explained.html#2492
Federalism in the Philippines. Retrieved from https://en.wikipedia.org/wiki/Federalism_in_the_Philippines
Federalism not superior to present system of govât, experts say. Retrieved from https://varsitarian.net/special-reports/20171115/federalism-not-superior-to-present-system-of-govt-experts-say
Federalism to create bigger problems for PHâ Sereno. Retrieved from http://newsinfo.inquirer.net/1013406/federalism-to-create-bigger-problems-for-ph-sereno#ixzz5MEihQZ2U
President to place shift to federalism on agenda. Retrieved from http://newsinfo.inquirer.net/1012209/president-to-place-shift-to-federalism-on-agenda#ixzz5MEiitWUf
Pros and cons of federalist set-up. Retrieved from http://www.manilatimes.net/pros-and-cons-of-federalist-set-up/386745/
Puno: Proposed federal charter expands meaning of human rights. Retrieved from http://newsinfo.inquirer.net/1012670/puno-proposed-federal-charter-expands-meaning-of-human-rights#ixzz5MEikFbSq
Sotto talks tough in defense of Senate vs constituent assembly. Retrieved from http://newsinfo.inquirer.net/1013621/sotto-talks-tough-in-defense-of-senate-vs-constituent-assembly#ixzz5MEiek7rD
The Impact of Federalism on Education Finance: A Comparative Analysis*. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1475-6765.1974.tb00752.x
Understanding Charter Change. Retrieved from http://www.bworldonline.com/understanding-charter-change/
What you need to know about Charter Change. Retrieved from https://www.rappler.com/newsbreak/iq/193718-charter-change-explainer-philippine-constitution
Will federalism address PH woes? Pros and cons of making the shift. Retrieved from https://www.rappler.com/nation/politics/elections/2016/120166-federalism-pros-cons-explainer
Will Senate assert its independence in charter change, no-el issues? Retrieved from http://newsinfo.inquirer.net/1012808/will-senate-assert-its-independence-in-charter-change-no-el-issues#ixzz5MEilMwkb
WRITTEN BY DOROTHY RICA G. DE ASIS AND ARCH JOHN B. CAMPS
