Editorial

Socratic Method: Revisited
By Riezyl Reen P. Angas
I was once informed when I was still in my freshman years that the teaching style employed in the
College of Law is Socratic method. Innocent as I was, I deliberately ignored it and went to class on
the first day. On the same day, I first got the chance to experience how terrifying law school is. Yes, it
was only a glimpse of what is Socratic method and how it instills motivation, not to mention fear,
among law students. Despite its claimed benefits for the students, would such a style still be effective
now that learning seems to be immensely innovative? Do we use it to instill fear among law students
instead of fostering learning among them? How familiar are we with it in the first place?
In the past, Socrates engaged in questioning his students in an unending search for truth. He sought
to get to the foundations of his students' views by asking continual questions until a contradiction
was exposed, thus proving the fallacy of the initial assumption. Accordingly, this is a dialogue
between teacher and students, instigated by the continual probing questions of the teacher, in a
concerted effort to explore the underlying beliefs that shape the students’ views and opinions. This
became known as the Socratic method, and may be Socrates' most enduring influence to philosophy.
Why Socratic method? Many have claimed the benefits it offers. The initial and the most apparent
benefit is that it teaches students to think swiftly of an answer. The questions presented by professors
during class are designed to demonstrate an understanding, or lack thereof, of the issues in play
(remove for brevity) in a particular case. For students, the experience of being put on the spot is a lot
like the experience of representing a client in a courtroom. The student cannot truly prepare for the
professor’s questions and must respond to them as they come. For those without experience in
debate or argumentative analysis, the Socratic method challenges the student to be quick-witted and
challenged them to carefully articulate their thoughts.
Secondly, it fosters critical thinking. Why do you think some cases have dissenting opinions in the
decision? Well, it is clear that dissents are logically as strong, if not stronger than, the majority
opinion. For students who are used to Socratic questioning, they learn that there are two or more
sides to almost any issue and a proficient counsel is able to persuasively communicate all of them. In
order to develop into such an attorney (make this clear), students must become trained at finding the
strengths and weaknesses of various arguments and positions. The rapid-fire questioning of the
Socratic method is perfect for sharpening this skill.
On the other side of the coin, for most of us, instead of speedily giving exact answers to questions
thrown by our professors, fear sets in. Though it is a normal emotion to be frightened in some way,
especially if you are not prepared for oral recitations on that day, such emotion can be carried over all
throughout the length of stay in law school. It never is easy to be “fried”, for lack of better word, in
front of many (be particular. “the class. or your intructors and classmates”) especially if you are not
used to it (no one is supposed to be used to being “fried.” no one likes getting fried. The sentence
suggests negative and is too self-assuring. use better sentence). As to the professors, they may get
mad at some point during classes because they are expecting the students to be prepared before
coming to class. It is both a duty and a responsibility of students to come to class equipped with the
knowledge intended for that day. On a personal note, students should not be learning by themselves. I
always believe that for better learning, there has to be a teacher who will guide and direct us as to
what should be the right answer if we fail to give the exact answer. It is always the teacher that has
the experience through years of practice and that learning should always be hand in hand between
teachers and students.
Considering the evolution of the learning process as it transcends towards the era of innovation, I
believe that Socratic method should be accompanied with other styles of teaching. Why explore
teaching styles in legal education pedagogy? While a Socratic orthodoxy may still exist in the law
school teaching arena, a myriad of basic and underlying theories also exist. Other learning methods
are essential to pedagogy. If teaching is seen as what people learn, then effective delivery is
paramount. If law students do not retain the information and cannot easily retrieve it for use later (in
the future sounds better), say the Bar examination, then Socratic method is of little value. Being
conventional is good because a such is proven to be effective as tested overtime but trying to venture
to something new will not make an icing to a cake bitter; it may in turn be more tasteful than before.

” Sabi nga nila. Araw-araw na pagsusunog ng kilay at pati buhok malapit na rin sigurong madamay. yang pag-aaral pa kaya. “experience is the best teacher. Mag-iinvest ka ng oras. uupo lang yung teacher at magdidiscuss. Parang relationship. Sa mga ganitong pagkakataon kailangan mong matutunan ang “the art of listening. Bago ka pumasok. Karamihan sa kanila.A competent law student is not a product made out of one ingredient in a recipe. In that way. walang forever. professor pala. quizzes. una. dapat marunong kang makinig sa mga hinanaing at pangangailangan ng partner mo. Change is an ever-present phenomenon. exams. Mahirap. Parang relasyon lang yan. bagong mga kaibigan at bagong environment. nakakastress at paminsan-minsan nakakawalang gana. “everybody can hear but not everybody can listen. dahil nangangailangan ito ng pagmamahal.” Of course hindi kumpleto ang lawschool experience kung walang midterms and final exams. at alam mo ang sagot sa bawat tanong nila. Kailangan ma-impress ang babae. Pero kapag hindi mo napahanga tatay ng nililigawan mo.” Applicable din ito sa relationship. Hindi para maging jowa mo kundi para ipasa ka. Ang pagmamahal ang magtutulak sa’yo na tiisin ang mga gabing kailangan mong magpuyat kasi may deadline ka na case digest o exam kinabukasan. mapapahanga mo ang teacher. Socratic method may be proven to be effective for many years but everything nowadays seems dynamic and is subject to incessant changes. Yung. Excited kasi mabibigyan na naman tayo ng pagkakataon na muling maranasan ang maging isang estudyante. Para sa mga Freshmen. mahihirap na exams at mga nakakakaba na oral recitations. Palakasan lang ng loob. Ben Timothy Ruelo Pasukan na naman! Heto na naman tayo! Recitations. tulad ng erpat ng nililigawan mo. bagong matututunan. Sabi nga. Gabi-gabing overnight. na-iinlove sa mga lalaking marunong makinig o paminsan-minsan ay nagpapanggap na nakikinig. Lalong-lalo na sa mga recitations. Wag kang mag-alala. Mag-aral kang mabuti. makakaupo ka rin at the end of the period. pa-uupuin ka at pangatlo. dapat ready ka. There is no such thing as static as time goes by in a rapid pace. Mag-memorise ka ng mga pick-up lines. este provisions. Hindi kayo magtatagal kung walang pagmamahal. pangalawa. Lalong lalo na ng mga babae. Change is the law of life. Maintain your confidence habang ginigisa ka ng buhay ng professor mo. patay ang lovelife mo! Dito mo malalaman ang tunay na kahulugan ng walang forever! Kung suswertehin ka may ibang mga subjects na walang oral recitations. Idagdag mo pa ang pride ng pagiging isang law student. Isipin mo na lang na may mga bagay na mas dapat mong katakutan. Oo.” Kailangan mong makinig kasi may mga lessons na hindi mo makikita sa mga libro kundi sa karanasan ng mga professor mo lang. Siyempre kakabahan kasi may mga terror na teachers. panahon. it has to be mixed with other ingredients to come out good in the taste. Stagnation is death. nako. Para kang papasok sa isang complicated na relasyon. Pero kailangan mong panindigan! Pinasok mo eh! Hindi yung . case digests. Sa lawschool. pera at feelings. Bagong experience. Pag hindi ka nakasagot sa oral recitations tatlong bagay lang naman ang pwedeng mangyayari sa’yo. dapat mahalin mo ang law school. pagagalitan ka. Kailangan ma convince mo sila na nag-aral ka. Kaya nga tinawag na “art. este. nangngahulugan ito ng panibagong simula. patatayuin ka for the whole period. nakakapagod. kailangan matapang. Isipin mo lang na nililigawan mo yong teacher. Buhay LLB : “The Hugot Way” by. Kaya mo ngang tiisin na itext yang syota mo ng buong magdamag. boring kung wala ang mga pagsubok. Walang katapusang pag-aaral.

Pero sabi nga ng mga doktor. Grace Poe. ang pagiging abogado ay isang malaking sugal. Kung sulit ba ang mga librong pina-photocopy mo. “Love will see us through!” Dapat ka ring maniwala sa sarili mo at sa Maykapal. It has. At hindi rin sa lahat ng pagkakataon mabibigyan ka ng second o third chance ng taong mahal mo. “Lawschool is a jealous lover. eh di kunin mo ulit. birthday parties. fiestas. May mga pagkakataon na pakiramdam mo ay naibigay mo na ang lahat pero kulang pa rin. Ayon pa nga sa motto ng high school bestfriend ko na nakasulat pa sa kanyang slum book. law school pala.basta ka na lang aalis dahil nahihirapan ka na sa sitwasyon. Pero sa susunod ay dapat maging maingat ka. dahil sa kanila nagiging kaaliw-aliw ang buhay law student. at mga binyag. DILG Former Sec. Tulad ng pag-ibig. in fact. “May tamang panahon para sa lahat ng bagay.” Hindi madali ang buhay law student. becomes (it has becomes?) a twisted spectacle and the spotlight is on the five presidential candidates: Sen. Daanan mo lang ang lahat ng mga ito at gawin mo ang lahat ng iyong makakaya para malampasan ang mga pagsubok na ito. Ang kahit na anong bagay na pinagpala ng Maykapal ay tiyak na may mararating maghintay ka lang. (make the tense ‘present perfect. Sen Miriam Santiago. Lasay Nothing gets more literal than the Philippines' take on dirty politics which begins to unravel from the moment a candidate signifies his intention to run for an office. Time has shown that the pathetic yet effective practice of throwing mud into an (your) opponent's grave has always been the preferred tactic of some candidates to bury their own fouled skeletons.” Kapag sinaktan mo siya. Kasi kung talagang mahal mo ang isang tao o ang isang bagay. Mahalin mo lang ang ginagawa mo. bawal mag cheat! Sabi nga ng teacher ko sa Persons and Family Relations. Marami nang sumubok pero iilan lang ang pinalad. babalikan at babalikan mo ito. Tandaan. At the end of the day. kahit gaano pa ito kasakit. “Love when you’re ready not when you’re lonely. Take the bar when you’re ready not when you’re in a hurry. “learn from your mistakes. sasaktan ka din niya ng isang malutong na singko! Kaya ingat ka! Kung nandaya ka man siguraduhin mong hindi ka mahuhuli. Kung sulit ba ang mga gabing napuyat ka. Kung bumagsak ka man sa isang subject. ang mahalaga ay yung ma-realise mo ang isang napakahalagang prinsipyo sa lawschool at ganun na din siguro sa pag-ibig. Extra rice nga nauubos pag-ibig pa kaya? May hangganan ang lahat ng bagay dito sa mundo kaya huwag mong abusuhin. inuman. Sabi pa nga ng kanta. Sa mga exams mo malalaman at masusubukan kung may natutunan ka ba. ang mga kape at frappe na nilaklak mo sa mga coffee shop magising lang ang iyong katawang lupa. bagsak man o pasado. pagsubok at mga sakripisyo ang nagsisilbing mga panlasa natin sa buhay. Plunge in and take the risk! Cleaning Out The Closet: The 2016 Presidential Bid By: Lovely M. ang mga kaibigan na nawala kasama na rin siguro ang social life mo kasi puro ka na lang pag-aaral.” Kung nagkamali ka sa isang item. Sabi pa nga ni Lola Nidora. Nakakatakot at wala pang kasiguraduhan kung magiging abogado ka ba o hindi. panahon at lahat ng attensyon mo. So don’t make it shorter. ang mga sign pen at highlighter na inubos mo. at lamay na di mo magawang makadalo sa ngalan ng pag-aaral kuno.’ ) . o ang mga. este makapag-aral pala. May mga pagkakataong magdadalawang isip ka at magtatanong sa sarili mo kung ang pagiging abogado ba talaga ang nakatadhana para sa’yo. ika nga. Meant to be kumbaga. Vice-Pres. Pero iyong pakakatandaan na ang tunay na pagsubok ay ang Bar Exams! Dito mo malalaman kung may “happily ever after” ba ang iyong buhay law school. prevention is better than cure. Pero kailan nga ba naging madali ang magmahal? Este. Huwag kang tatanga-tanga! Hindi lahat ng teachers sa lawschool nagbibigay ng removal exam. Ipupusta mo ang pera.” Ganon din dapat. Ito ay nangangailangan ng ibayong paghahanda at determinasyon tulad ng pag-ibig. Ang mga paghihirap. Pero paano mo malalaman kung hindi mo susubukan? At paano mo maabot kung hindi mo susubukang abutin? Life is short. Isa pa. pag-aralan mo uli at i-research mo ang answer ng sa ganun hindi mo na maulit ang iyong pagkakamali. at barkada trips na isinakripisyo mo para lang makasama siya. kasalan. Jejomar Binay and Davao City Mayor Rodrigo Duterte. Mar Roxas. Limang taon ang igugugol mo para lang maabot mo ang isang pangarap na mahirap abutin. walang matinong maidudulot ang pandaraya! May mga pagkakataong manlalamig ka o mawawalan ka ng gana. Everything is a risk. Walang mabuting maidudulot ang pagmamadali.

this principle has been tilted to accommodate Sen. To set the record straight. in fact.”. accused as family of plunderers and the family patriarch accused of perpetuating human rights violations.President's name. Juan dela Cruz fears that he has a dictator at his doorstep and he has left with no other choice but to welcome him. The feisty and fierce Sen. were the antagonists in the 1986 Revolution. The COMELEC en banc has already spoken. her statements on national issues gain her friends and enemies of such no clear distinction and consistency is properly made in the political circus. justifying further that time has changed. thus we must adjust. as by law. The anonymity of her biological parents clouds doubt as to whether she is. the government failed to respond timely on the tragedy. He certainly didn't dodge the rift between him and Digong. He addressed the issue as “perwisyo” or nuisance. Her daughter is also a Duterte). In 2008. None of the presidential candidates received as much dirt than that was thrown at the Vice President. a political virgin (which means?) and the crowd's early favorite. Marcos and his vast resources for the national campaign. From Mr. overpriced Makati City Hall parking building. paid much attention to in the 2013 senatorial election. “a person with dark complexion. There was a nationwide protest against it which was participated by the former secretary. The irony in the safest city (not a fact) is the deafening silence of the clamored mouths (mouths of whom?). Juan dela Cruz could properly infer that her desire for the presidential post must have set the spark into blaze. what could he possibly do worse than the damage he already caused? The Punisher. DILG Former Sec. a derogatory Filipino word for a black person (there is no such term as black person. Notwithstanding that the tandem can (may) cost her her credibility.0. the senator defended that her running mate took no part on the human rights violations of the latter's family.She has been called as the foundling. Miriam Santiago has been known for her razor-sharp tongue and her wits for raising the "pick up lines" into the next level. he was named as a political opportunist. dodging an issue is a non-inherent trait of the former secretary. It does not take an expert to understand that he had betrayed the public trust. If all acquires a severe amnesia and he becomes the president. a craft perfected by the trapos (remove article “the” as it stands for traditional politicians. it has become a moral blemish which soiled his and his family's reputation. has found its place on the Vice. To say that his methods are unorthodox is an understatement. the former secretary dodged the questions specifically on issues about the emergency shelter assistance. Grace Poe. Be specific. “skin color”). It is perhaps worth his time. a new day will not set for her in 2016. As a result. Mar Roxas. The aftermath of the typhoon revealed that Roxas was anywhere but nowhere at the same time. these includes Hacienda Binay. Oddly. However. As to whether or not the people are convinced. The opportunity to prove himself as a leader was taken away by the ravaging winds of Typhoon Yolanda. bogus charities and many more. Controversies surrounding him piled up by days. Unless the tide has turned. a rumored existence of a vigilante group called Davao Death Squad "DDS" has been linked to the mayor (former. the issue concerning her citizenship was never raised. It bars the Senator for running for committing a material misrepresentation in her certificate of candidacy for claiming that she is a natural born and has resided in the country for at least ten (10) years. When asked about the rehabilitation of Yolanda's hit areas. Sen. Palengke to Noynoy 2. The former secretary has been in this road long enough to understand that there are bumps along the way. the Marcoses. Notes: It would be better if the “Juan de La Cruz” as a personification for the Filipino people is introduced at the beginning of the article. As pointed out. Miriam Santiago's spectrum of principle. The acts committed stands in the opposite side of Sen. The vigilante group is said to be responsible for the disappearance of the 700 people from 2005-2008 alone. he stumbled up a controversy regarding the 12% value added tax in oil which the government refused to lift.”). a candidate or a polititian?). we have less than a year to find out. . and yet VAT became indispensable when he became part of the current administration. (The metaphor is not clear) She is everything else but never an ordinary (ordinary what? person. Although you cannot blame him for his color (add skin. a natural born citizen. if not. It seems that Rodrigo"Digong" Duterte" has been characterized as an 1980's action movie star who had gained a thumbs down review among the "Human Rights" audience. Nognog. found herself caught in the web of controversies involving her citizenship and her residency. To name a few. With no holds barred. nonetheless. does not mind walking the "straight path" paved by the current administration. To illustrate.

only recitations—really daunting ones. mind-boggling. Even the first couple of weeks in class were quite dejecting—we didn’t get to meet our instructors. much to the annoyance of my family. You learn to sacrifice. I was already a working professional at the time. It used to be that I read books for pleasure. I just found myself—a recently unemployed nurse-educator volunteering among the indigenous tribes of the boonies of faraway Bukidnon. So now. informal) twice as hard. or should I say recitations. but the 15-hour week somehow takes a toll on a working student. Being enrolled in a 15-unit semester may not mean much. and I had that annoying fear at the back of my mind that I might not have made the cut. Truth be told. and finally enroll. *smh* Later on. not just a few. I had to learn to juggle having to go to work during the daytime and rushing off to class in the evening. but has later on enjoyed albeit without much of a fulfillment. I then realized that the professors and lecturers are not there to coddle me in class so I’d end up completing law school. but I have learned so much about myself. pass it to gain admission. (Talk about being idealistic at the moment!) After a long period of discernment and more than a few encouraging words from people who matter the most. and composition of case digests. While I have been toying with the idea of getting a law degree for years already. And it’s not just simply reading. but it is through my experience now that I realized just how tough and resilient I am—that I am strong . not just in terms of academics. One day. I have learned a lot as a law student. intent on slaying the law school dragon. Attending law school means you get schooled by means of the Socratic Method. especially when it comes to preparing for class. So much for getting all giddy and excited for class. I never quite expected that I would come to this point in my life—that I would actually chalk up the courage to take the admissions exam. I also realized that I needed to work my behind (not really needed. but a whole lot of things and events. and stress. the class cards become very fearsome objects. and subsequently during the seminars I attended during the first weeks of class) that pursuing a law degree was not going to be a pleasant walk in the park. here I am. actually started. to not just immerse yourself with the monotony of law school. Once again. I was quite disheartened to fathom (primarily during the freshmen orientation. I was convinced to pursue my pipedream of becoming a lawyer. among others. in the not-so-quiet halls of my high school. with the capacity to make or break your law school career. but to also find avenues to vent out frustrations. The wait for the results was tedious. Lectures or discussions do not normally occur. analysis of cases. lest you be called to stand and answer an armload of questions. you are expected to read ahead and anticipate the topic to be discussed. practicing a career that I really did not want in the first place. it was but a half-baked aspiration at best then. disappointments. Gone were the days where I get to sleep early and wake up late. In all honesty. My first few months in law school have been a nerve-wracking.Frosh Be Like By Danica Bianca Cagalawan I haven’t really given much thought on what I was ‘really’ getting into when I decided to apply for law school. something that has been thought about for a bit. then pushed aside to the back burner when something ‘much more important’ came along than spending a few more years of pushing pen on paper. now I have to push myself to read ahead so I wouldn’t seem like an imbecile during recitations. as a law student. there’s memorization and comprehension of provisions. Once enrolled. I toyed with the idea of becoming a people’s champion. It made me nervous and antsy. And then there was that glorious moment. one who would fight for the rights of the oppressed and marginalized. In the professors’ hands. when I was able to see my name among those who were fortunate enough to hurdle through the written exams and the formal interview. there is basically no more time to just relax and socialize with family and friends. so as to cope with the sheer volume of information needed to learned and absorbed the moment classes. with not much plans for the future. You also learn how to manage your time. There are pretty much no explanations in class. Although I have already known that I have a stubborn streak in me. life-changing experience.

yet I would hate to leave. the celebrities. a profitable market. all having different fields of specialization in litigation. A single shortcoming may cause a ripple effect that will involve the entire profession itself and inevitably imprint negative consequences. I have learned to cherish those tiny thrills of elation of being able to triumph through the big and small feats—an exam. Ironically at some extent. the erudite. they themselves become one. A lawyer must conduct with fairness. the legal profession is one of the noblest there is but to such contradiction it has now become one abhorred by many. since lawyers are visibly taking part in almost every aspect of society. the advocates and the juris-consults. they are prone to the meticulous eyes of the public even up to the minutest issues. the court and the community. courtesy and candor all his dealing towards his professional colleagues and owes honesty. or simply even just a case digest. the upper-class. dirty politics. In other civilizations. Though tiring and disheartening. fairness and good faith to the courts of justice. We hear news of lawyers. Now. the scribes. directly or indirectly. this life is quite intoxicating. always on the side of truth and justice. honored. The Lawyers Oath is the guiding principle that directs the path of aspiring lawyers in the truthful exercise of the profession. The history of the legal profession dates back as early as the Greek and Roman empires where early practitioners of the profession were the orators. even too. They were the aristocracy. the Constitution. lawyers at some point do not have a good perception in the public’s eye. Their integrity as learned and wise men has elevated them to a higher stature in society. in ethical issues. The legal profession is now commonly described as a money making profession. admired and revered career in our society. the learned where one seeks wisdom. They helped build and run empires. This is because. It is a life that perhaps I would love to hate. As civilization progressed. Of Reverence and Integrity: The Legal Profession By: Vicon de Guzman The Legal Profession is one of the most respected. with half a semester of law school tucked under my belt. we have high reverence for lawyers. Suffice it to say. and facing the ire and insults of the professor who thinks that you are not good enough. from the viewpoint of the ordinary citizen. They must be the embodiment of morally upright professionals. a medium of convenience and for enrichment. celebrity scandals and felonies that undermines the legal profession. His duty to the courts goes alongside with his duty to his colleagues in the profession. the legal profession has evolved into the multifaceted status it has become today. the rich and famous and. lawyers are the elite. the politicians. a recitation. The medieval times saw the importance of these learned men. advising anyone asking for his professional aid to avoid unnecessary litigation. In the Philippine setting. A lawyer not only has an indispensable duty to his client but also to his colleagues. to foster a high regard and respect to all the laws created by the Congress and legal processes of the Judiciary. they were the tribe leaders who have become judges to resolve conflicts of its constituents. respect and admiration is already accorded. not so prepared. They were counsels to kings and emperors occupying high positions in their courts. Because of this. judges and justices involved. It is a foremost duty for lawyers to uphold the highest law of the land. He must observe that justice be done and delay no man for money or malice. bearing a mark of nobility. Lawyers have duties that define the nobility of the profession provided in the Code of Professional Responsibility. Even still as law students. The coveted integrity of the legal profession has been declining. or so we can assume. . In the modern society’s setting.enough to brave the storm of going to class. preparation of legal documents and legal procedures. there is a sense of repugnance to the legal profession. Lawyers are high profile individuals connected with the big names in the society.

It is common to all law students when they enter law school they are greeted with a question “Why do you want to become a lawyer?” (it is common for everyone who enters law school to be asked why do they want to become a lawyer. be inspired and continue to hold on to your righteous dreams that lead you to desire this noble profession. said a lawyer-blogger. And it would be better if this sentence comes first and conclude it with the previous one. Lawyers thrive in trouble and chaos. Dun sa “in reply. . Polito Teehankee I Wilcie Gica--a Higaonon farmer. If you’re trying to invite people to act. At least provide a leading statement at the beginning. name the person. Where to start? Of course we can assume that integrity starts at law school. I think this sounds better. We cannot deny the fact that lawyers are one of the highest paid professions but the manipulative acts of some causes further distrust. Bukidnon. (The law is designed for us to have a full-functioning society. Lawyers. If its not possible. LOL!) it is up to them to be either the troublemakers or the troubleshooters. continue to inspire the younger generations and be the change that will usher society for the better. There are some that defies even the law that they are supposed to uphold. I think this sounds better). make the idea yours and just revise it. On the other hand. And start the sentence with “according to Mr. fueled by a desire to serve and save the oppressed. a well know blogger and a lawyer./Mrs ___. eight were lawyers. where ideologies of upholding truth and justice are inculcated. a father of two and an abandoned husband--was shot dead six days before his 30th birthday in Maramag. These responses are most of those that will probably be heard of from aspiring lawyers. Not to be biased but who else could better lead this country? (This sentence is a new idea that needs to be further substantiated. Promising and full of ambition.”. There are those that discreetly do business and under the table transactions only for the gain of profit. (I don't get this sentence. We can still affirm the integrity of the legal profession has not yet declined. So it faithfully wraps up the whole article. They are the medium of peace if they stick to their untarnished ideals or anarchy if they turn away and circumvent the law (“and an instrument for anarchy if they turn themselves away from the Rule of Law. there are still a handful of noble lawyers who are willing to risk their lives if necessary so that the ends of justice are served. (I don't get this sentence too. Even (not needed) among the fifteen presidents that governed our country. (no opening sentence for your conclusion. to be a catalyst for justice and change of the system. How can this be preserved? It is for those good lawyers to make a stand and not let the decay of the profession overwhelm. (if possible. A society which can only be achieved if those who are learned with the law does their part in seeking and attaining the truthful administration of justice. a lot of idealistic and inspired answers come from would be lawyers. and so society functions if the learned in the law does their part in the truthful administration of justice.”).) Law students.) Opinion Article Remembering Wilcie Rabindranath S. The dream that once fueled the desire of aspiring lawyers in law school must all the more ablaze when they become lawyers. which leads the public to think that they only do it for the money involved. Aside from the fact that not all of us are going to be lawyers).) In reply.This decline of positive perception to the profession may be attributed to numerous ethical complaints against lawyers. Ours is a government of laws and not of men and it is in the hands of those who are learned hangs the balance of turmoil and harmony. So its much better if this comes first) The law was designed to enable a full functioning society.

Since then. Wilcie’s colleagues were scattered and upon their return. corroborated with his father’s claim. grabbed his backpack. a guard. . 2011. Free. Under Republic Act 8371. left for Cagayan de Oro City. Wilcie refused to part with it. However. Wilcie drew his handgun which led one of the guards to shoot him. It was then that he was shot by a guard named Milo Ceballos. Then. They knew Wilcie and contradicted the claims of the guards. Wilcie’s colleagues. Wilcie’s wife. On August 24.This demise gave birth to an unplacated Higanonon wrath. instead they obtained a fake FPIC from the Manobo tribe in another village.” Senior Supt.” Guiwanon said. said in an interview. Avoiding the possible harm and acting in self defense. hoping for a better life and promising to work as a house help. hitting him on the left side of the body and on the neck. Killing Wilcie According to the guards. Her affidavit was received by the Office of the Provincial Prosecutor at 11:20 a. they saw him on the ground with bullet wounds and surprised to find a handgun on his left hand. Prior and Informed Consent (FPIC) is required in securing Forest Land Grazing Management Agreement (FGLMA). He claimed that his son did not own a gun. while refusing to hand his backpack. “The victim actually tried to draw his gun when he was asked to submit his backpack. Knowing Wilcie As narrated by the guards. He believed it was planted by the guards. Such misery cascaded down to the life of Wilcie. “He had no gun!” Wilcie’s father defended his son in an interview. In 2009. The PADATA believes that the government erred in granting the Villalons the right to occupy the land where the Higaonon farmers had been farming for so long.” During the shooting. Having no idea of the previous order to hand the bags and bolos to the guards. they notified and ordered the farmers to submit their backpacks and bolos before entering the venue for security reasons but Wilcie refused to hand his backpack and drew his handgun instead. That prompted the guard to shoot him. the witnesses. Carmelita Guiwanon. Wilcie left his two sons to his mother to attend a meeting called for by the guards of the Villalon Ranch purposely to inform him and his group that they were not allowed anymore to till the land they had been farming. the security guard continued shooting him. However. “He had no gun. “When Welcie was already down. the deputy provincial director. Canilo Fuentes. without explaining the procedure to Wilcie. all members of the Panalsalan Dagumbaan Tribal Association (PADATA) brought Wilcie’s coffin by the side of the road near the regional office of the National Commission on Indigenous Peoples (NCIP) in Cagayan de Oro City. the Villalons’ FGLMA was approved by then Environment Secretary Horacio Ramos after securing an FPIC. one of the guards shot Wilcie. said in her affidavit that Wilcie arrived late--right after the guards had given the instructions. PADATA chair Vilma Monera said the Villalons never obtained the FPIC from them. one of the farmers and witnesses. In 2010.m. a day after the incident. Eight days after the shooting incident and as a sign of demonstration. she neither returned home nor was ever heared from.

Petitioner Reynaldo Bascara subsequently filed an Affidavit of Third Party Claim and Motion to Recall Writ of Possession. had a hard time explaining to her two grandsons why their father was no longer home. ‘Papa is harvesting corn? Is he buying bread. Now. One year had already lapsed without Pardo exercising the right of redemption. Evangeline Cacalda. There was no highlight of the author’s opinion on the issue.00. she foreclosed the real estate mortgage. and the property was sold to her at public auction. BASCARA VS. However. never . one of whom. It has been four years since the incident.00 to pay for alleged taxes and expenses to be incurred to have the title transferred. Chief Insp. TFM-Mindanao coordinator Joseph Coles said the Maramag police chief.” Coles said. Senior Supt. thus he entrusted to said Evangeline Cacalda the original copy of TCT No. 060036-CFM) which was assigned to RTC Branch 111.R. SHERIFF ROLANDO G. which was served by Sheriff Rolando Javier upon petitioner. will justice abandon him. No. the property passed on to him by virtue of the said Donation Mortis Causa. harvesting corn. Canilo Fuentes said the security guards were released from prison because the 36-hour detention period had expired and no case had been filed against them. Cacalda did not transfer the title. 135066 to secure a loan in the amount of P200. Wilcie’s mother. Rosita Gica. Pasay City. The latter having failed to comply with the terms of the loan. or on May 15. 2004. Rosalin executed a notarized Deed of Donation Mortis Causa donating the property in his favour. 135066. including the amount of P135. it was discovered that the Villalon guards were released less than 24 hours after the shooting incident.000. Pardo. represented to him that she can cause the transfer of the title to his name. 1999. he rented out portions of the house to boarders. too? Notes: I believe this is an opinion article. Hence. the guards were released from detention. Wilcie has been abandoned by his wife before he was killed. in the investigation conducted by the Task Force Mapalad (TFM). The RTC granted the petition and issued a Notice to Vacate and Surrender. her agents and her successors in interests. the witnesses did not cooperate with the police and refused to submit their affidavit while the suspects were still detained at the police station. not after 36 hours as announced by Fuentes. To supplement his income from a cousin’s small business. “We will file administrative charges at the Ombudsman against the arresting team and the police chief for releasing the suspects. 188069. “I tell them their father was in the farm. and subsequently left the house. June 17. In it he alleged that he is the nephew and ward of Rosalina Pardo who died on May 20. Civil Law REYNALDO P. And the children would ask. alleging that on August 13. 2003. too?’” These children will be raised forever waiting for the return of their father--always wanting to see him again--smiling and carrying the bread in his hand. Rosalina Pardo executed in her favour a real estate mortgage (REM) over a parcel of land covered by TCT No. JAVIER AND EVANGELINE PANGILINAN G.Releasing the Suspects The guards were detained after the incident but Wilcie’s colleagues and family were dismayed to find out that the suspects were released.000. may be administratively liable for the early release of the nine Villalon Ranch guards. Linoraldo Maylan Torres. According to him. 2015 Facts Evangeline Pangilinan filed an ex parte petition for issuance of writ of possession (LRC Case No. When she died intestate and without will. During her lifetime. a group helping farmers. Missing Wilcie For a period of time after his death. however refused to vacate the land.

the same procedure also applies to a situation where a purchaser is seeking possession of the foreclosed property bought at the public auction sale after the redemption period has expired without redemption having been made. thus: It is thus settled that the buyer in a foreclosure sale becomes the absolute owner of the property purchased if it is not redeemed during the period of one year after the registration of the sale. to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act. Pangilinan purporting to the mortgage of the property by Rosalina Pardo to Pangilinan. which provides: SECTION 7. and in each case the clerk of the court shall. and the court shall. the photograph of the alleged Pardo attached by Pangilinan in her Reply/Comment to the Petition for Cancellation of Adverse Claim (RTC Branch 108) showed that it was Cacalda the swindler not the real Pardo. not Pangilinan. Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered. the issuance of a writ of possession is governed by Section 7 of Act No. The RTC denied Reynaldo’s motion to recall writ of possession and directed Sheriff Javier to implement it. to give him possession thereof during the redemption period. petitioner alleged that the signatures. Petitioner also filed an action for annulment of title and damages against Pangilinan and the Registry of Deeds of Pasay City before RTC Branch 110. and affirmed its findings. Pangilinan avers that the trial court has the ministerial duty to issue a writ of possession which cannot be stayed by an injunction or a pending action for annulment of the real estate mortgage or the extra-judicial foreclosure proceedings. That it cannot be Pardo who executed the property as she had long been dead on the date of the alleged execution of the real estate mortgage. addressed to the sheriff of the province in which the property is situated. or in special proceedings in the case of property registered under the Mortgage Law or under section one hundred and ninety-four of the Administrative Code. the purchaser may petition the Court of First Instance (Regional Trial Court) of the province or place where the property or any part thereof is situated. and he is the rightful owner of the property. pertaining to the Real Estate Mortgage with Special Power to Sell Mortgaged Property Without Judicial Proceedings in favour of Evangeline C. Lozada. upon approval of the bond. The only difference is that in the latter case. From all the foregoing. no bond is required therefor. In any sale made under the provisions of this Act. who shall execute said order immediately. emanated from an illegal source and therefore void. 2004. the petition for cancellation of adverse claim filed by Pangilinan is still pending before RTC Branch 108. Ruling We deny. upon the filing of such petition. Reynaldo sought recourse with the Supreme Court. as held in China Banking Corporation v. order that a writ of possession issue. as well as the photographs were all spurious. He then discovered Entry No. as amended. Issue Whether or not the writ of possession should be stayed. collect the fees specified in paragraph eleven of section one hundred and fourteen of Act Numbered Four hundred and ninetysix. furnishing bond in an amount equivalent to the use of the property for a period of twelve months. Although the above provision clearly pertains to a writ of possession availed of and issued within the redemption period of the foreclosure sale. On appeal to the CA. as amended by Act Numbered Twenty-eight hundred and sixty-six. or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law. 3135. In extrajudicial foreclosures of real estate mortgages.to show up again. whose title. the latter did not find any evidence that the RTC acted wrongfully or in a despotic manner. In fact. TCT 147777. 2004-51 19/T-135066 annotated on August 13. As . In her Comment/Opposition.

Criminal Law PEOPLE OF THE PHILIPPINES. As it appeared. and together with another group of men brought her to Mayon International Hotel where they boarded a tricycle. otherwise. 3135. With a pointed gun. She ran until. the same partake of the nature of testamentary provision. At midnight the following day. Mirandilla discoverd that AAA had an abortion. Mirandilla’s version. plaintiff-appellee. He courted her. 2000. He forcibly pulled her pants down and lifting her legs. thigh.smelling pus also oozed from her vagina . While making her way back. AAA went out from the dance hall to buy candies. Mirandilla first met AAA on October 3.AAA had contracted gonorrhoea. As such. he cannot be considered as a “third party who is actually holding the property adversely to the judgment obligor. Considering that the alleged donation is one of mortis causa. They then transferred her to Bogtong. said deed must be executed in accordance with the requisites on solemnities of wills and testaments under Articles 8057 and 8068 of the New Civil Code. nor is the claim to his right of possession analogous to the foregoing situations. the donation is void and would produce no effect. 2001. Legazpi City’s Health Officer examined her and discovered hymenal lacerations indicative of sexual intercourse. The buyer can in fact demand possession of the land even during the redemption period except that he has to post a bond in accordance with Section 7 of Act No. She was allegedly raped 27 times.such. she heard him say before succumbing to pain and exhaustion. agricultural tenant or usufructuary. They had a short chat. pushed and pulled his penis inside. therefore. 120420 April 21. 2000. Upon the expiration of the period to redeem and no redemption was made. Mirandilla and his gangbrought AAA to Guinobatan. has the absolute right to possess the land and the issuance of the writ of possession becomes a ministerial duty of the court upon proper application and proof of title. He cannot assert that his right of possession is adverse to that of Pardo as he has no independent right of possession. a transferee or successor-in-interest who merely stepped into the shoes of his aunt. at the back ofGallera de Legazpi. hit her arms with a gun. One afternoon. RUFINO MIRANDILLA BERMAS. he told her not to move or ask for help. proved and allowed in the proper court. He is. into her panty and slipped his fingers and rotated them inside. Legazpi City on December 2. near Arlene Moret. At the road’s side. Legazpi City. What is clear is that he allegedly acquired the property from Pardo by reason of a donation mortis causa.they became lovers. Consequently. no right to the subject property has been transmitted to petitioner. Dr.They lived there from October 28 until December 11. AAA succeeded in escaping.e. G. they met again in front of the park’s comfort room. In this case. after visiting his mother in Kilikao.” The trial court had the ministerial duty to issue. Upon passing the Albay Cathedral. there was no reason for it to order the recall of the writ already issued. under legal contemplation. to Bonga. Mirandilla brought her to a concrete house. where she suffered the same fate. it cannot be said that his right to possess the same is by virtue of being a co-owner. accusedappellant. leaving AAA alone with Mirandilla. 2000 until January 11. he forced his penis inside AAA’s mouth. Unless and until the alleged donation is probated. he is entitled to the possession of the said property and can demand it at any time following the consolidation of ownership in his name and the issuance to him of a new transfer certificate of title. as confirmed owner. 1999 Facts: On the eve of the town fiesta inBarangayFrancisco. Mirandilla claimed that AAA bled for days until she left him in January 2001. vs. while dancing with her sister.eloped and lived as a couple. Legazpi. No such bond is required after the redemption period if the property is not redeemed. i. she found the house of Evelyn Guevarra who brought her to the police station. a cigarette vendor who was also the CRs guard. again.R. Mirandilla arrived together with his gang. as amended. pulling through her hair with his left hand and slapping her with his right hand. gagged her mouth with cloth. Mirandilla pushed her against a reclining tree. They moved her back and fort. 2000. They rented a house in Rawis. the possessory writ in favor of respondent Pangilinan. as it did issue. On October 24. and pulled up her over-sized shirt and was raped agian. Sarah Vasquez.Sayang ka. Moreover. forced his hands inside her pants. .December 12. With knives pointed at her side. punched her arm. slapped her. In late December. the purchaser. it is not amiss to point that the execution of Pardo of donation mortis causa in favor of petitioner does not immediately transfer title to the property to the latter.. the others alighted. They drove until they reached theGallera de LegazpiRawis. while it is undisputed that petitioner was in possession of the subject property.two stayed in Rogelio Marcellanas house in Banquerohan. No. then to Guinobatan. and lap. a man grabbed her. 2000. They then had nightly sex.

The accused’s mother. Issues: 1. constraining the Court to infer that they concocted stories in a desperate attempt to exonerate the accused. 2000.burden of evidence is shifted to the accused. FACILITATORS GENERAL SERVICES AND MARILAG BUSINESS AND INDUSTRIAL MANAGEMENT SERVICES. Ruling: Credibility of Prosecution Witness Jurisprudence states that for testimonial evidence to be believed. three times at least. AAA and Mirandilla arrived together at the park. No. there are letters. The CA affirmed the NLRC decision finding that FGSI is a legitimate job contractor pursuant to Section 4(a) of Department Order No.. before AAA finally came. Issue Whether or not Ronnie is an employee of Allied Bank. (FGSI). despite the fact that he had served the bank for many years and performed duties which were necessary and desirable to the business of Allied Bank. Ronnie was re-assigned to another workplace. common knowledge and accepted conduct that has evolved through the years. 18-02 of the Department of Labor and Employment (DOLE).testimony was also corroborated by Dr. testified that on October 30. observing AAAs manner and demeanour on the witness stand. the first element of rape. Allied Bank terminated its services with FGSI and Ronnie was told to stop reporting for work at Allied Bank’s main office by October 17. agonizing in pain. testimonial. free from any material and serious contradictions. The sweetheart theory as a defense. or credible testimonies of those who know the lovers. His claim that he saw AAA soaked in blood. Jr. He filled up an application form with Marilag. was convinced of her credibility. September 10. Mirandilla claimed first meeting AAA on October 3. At the termination of Marilag’s service contract with Allied Bank. INC. In October. and was told to report to Allied Bank’s legal department. Thus. 2003. Legazpi City’s Health Officer. On the other hand. it must not only come from a credible witness but must be credible in itself tested by human experience. Facilitators General Services Inc. The trial judge. chatting with her first. it must be corroborated by documentary. To be credible.AAA missed her menstruation in December 2000that he wouldn’t have known of the abortion had she not confessed it to him. ABING VS. which had a service contract with Allied Bank. This admission makes the theory more difficult to defend. AAA was sobbing. steady and firm. Even Mirandilla contradicted himself. It having been established that Mirandillas act was kidnapping and serious illegal detention and on the occasion thereof. NATIONAL LABOR RELATIONS COMMISSION. Ruling: . When its service contract with Allied Bank was terminated. with the abortifacient pills lying nearby. G. Arlene Moret. however. passed its exam. Ronnie was instructed to report to the new service provider. Claiming that he was illegally terminated by Allied Bank which is his employer.also claimed meeting the couple for the first time on October 30. 2003. ALLIED BANKING CORPORATION. for it is not only an affirmative defense that needs convincing proof after the prosecution has successfully established aprima facie. and issued an Allied Bank ID as its contractual employee. where he was assigned to perform various tasks. photos. Whether or not AAA and Mirandilla are sweethearts. Sarah Vasquez. the bank could not have dismissed Ronnie.has to adduce evidence that the intercourse was consensual. Sweetheart Theory not Proven Accused’s invocation of sweetheart theory cannot stand. 185345. pointing to Marilag and FGSI as Ronnie’s employers under their service agreement.R. on the other hand claimed that it is a legitimate independent job contractor. Facts: Ronnie Abing (petitioner) applied for employment with Allied Banking Corporation. 2014. insisting on continuing his employment with Allied Bank. to positively identify him. testified meeting her son only once. 2. mementos. 2000. FGSI.opportunity for concoction. while she was facing Felipe Mirandilla. The Court holds that Mirandilla is guilty beyond reasonable doubt of the special complex crime ofkidnapping and serious illegal detention with rape. where he again filled up an application form and told to report to Allied Bank. Ronnie filed the instant appeal before the Supreme Court to assail the CA ruling. is not a license for lust. by then.In Mirandilla’s other version. cannot be reconciled with his other claim that he came to know AAAs abortion only through the latter’s admission. or other evidence. the coupling element of rape. Allied Bank denied liability. contradicting Mirandillas claim that he visited his mother several times. but he refused to be re-assigned. she claimed otherwise: Mirandilla arrived alone two hours earlier. but was instructed to report to Marilag Business and Industrial Management Services Inc (Marilag). Love. Marilag manifested that Ronnie executed a quitclaim in its favour when its service contract with Allied Bak was terminated. AAA’s testimony was credible. admits carnal knowledge. On cross examination. not being its employee. Ronnie filed a complaint for illegal dismissal against the bank. he raped AAA several times. AAA’s ordeal was entered into the police blotter immediately after her escape. It leaves the prosecution the burden to prove only force or intimidation. AAA was consistent. 2000 at the park. Ronnie had resumed reporting to the bank.. Whether or not AAA is a credible witness. LABOR LAW CASE DIGEST RONNIE L. only to contradict herself on cross examination with the version that she met them previously. averring that Allied Bank’s service contracts with Marilag and FGSI were mere schemes to keep him a contractual employee and prevent his regularisation. The defense witnesses testimonies contradicted each other in terms of materials facts. observation. notes.

it had been doing business as a personnel and manpower agency for 20 years since its incorporation with the Securities and Exchange Commission on April 17. only the latter is an “attorney. The CA took note that it has its own investment in tools and equipment used to provide janitorial services. SDC-97-2-P. (2) the payment of wages. Legal Ethics SOPHIA ALAWI VS ASHARI M. but he opted instead to end his employment with FGSI and thus collected his 13th month pay and service incentive leave pay. the petitioner wanted to stay on with Allied Bank which was no longer possible because of the termination of FGSFs service contract with the bank. and it is they only who are authorized to practice law in this jurisdiction. As to the payment of wages. have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing. may both be considered “counsellors.Labor-only contracting as defined by Article 106 of the Labor Code occurs when any of the following circumstances occurs: first. or the terms of the settlement are unconscionable in its face. the petitioner acknowledged that it was FGSI which hired him and had the power to terminate his services. it was FGSI which hired the petitioner and assigned him to work at Allied Bank. Bank of the Philippine Islands. Ateneo de Manila University9 cited by the CA. 2003. checker and verifier of properties. In the communications sent to the Assistant Clerk of Court.11 Finally.10 The CA found the said circumstances are not at all present in the instant case. a sales representative of a real estate and housing company. Alauya says he does not wish to use the title. As to the power of control or supervision over the petitioner. While one who has been admitted to the Shari’ah Bar. and receiving clerk/vault keeper. FGSI through its Personnel Officer Marysol Gongona regularly visited Allied Bank’s premises for this very purpose. and (4) the power to control the employee’s conduct. such as Asian Development Bank. As to the employer’s power of selection and engagement. FGSI serviced not only Allied Bank but had similar service contracts with other companies. or second. The petitioner in his petition mostly described his tasks in Allied Bank as those of a messenger or runner. Also in the petitioner’s employment agreement. Marilag and FGSI have been for decades in business as janitorial/messengerial service and/or manpower recruitment companies.24. it was held that unless it is shown that the quitclaim or waiver was wangled from an unsuspecting or gullible person. and in his position paper he also admitted that it was FGSI which instructed him to report to Allied Bank.” in the sense that they give counsel or advice in a professional capacity. the contractor does not have substantial capital or investment which relates to the job. he also acknowledged the release and payment of all his monetary benefits by FGSI. the NLRC and the CA are all in agreement that these elements are possessed by FGSI.” because in his region. the petitioner is clearly not an employee of Allied Bank and his complaint for illegal dismissal filed against the respondents has no merit. It also had the power to reassign the petitioner to other clients.8 In Lacuesta v. by signing the quitclaim. they are usually necessary or desirable in Allied Bank’s banking business. with clerical functions assigned to him from time to time. Moreover. ALAUYA A. which are: (1) the selection and engagement of employee.” The title of “attorney” is reserved to those who. Apparently. such as “skip tracer. work or service to be performed and the employees recruited. filed a complaint against Ashari Alauya. we are unable to determine if.M. even as he also acknowledged the right of FGSI to terminate him in case of any violation of its rules and regulations. Kenny Rogers and Fortune Tobacco. United Coconut Planters Bank. or it is confusingly similar to that given to . Such an arrangement is prohibited and consequently. 1980. Alawi’s complaint is anchored on Alauya’s malicious and libelous charges with no solid grounds through manifest ignorance and evident bad faith resulting in undue injury to her honor and established reputation reflected in the letters sent to the company where Alawi worked. As to the power of dismissal. and one who has been admitted to the Philippine Bar. Applying the four-fold test used in determining an employer-employee relationship. Evidently. Before FGSI entered into a service contract with Allied Bank in September 2002. Alfredo Marasigan.” But without a clear and full description of his actual tasks as well as his alleged “promotions” in the bank’s plantilla. All told. In his Employment Agreement and Manifestation dated September 1.” this Court had already the occasion to declare that persons who pass the Shari’ah Bar are not full-fledged members of the Philippine Bar. the law deems the principal as the employer of the contractual employee. supplied or placed by the contractor are performing activities which are directly related to the principal business of the employer. “counsellor” or “counselor-at-law. the incumbent executive clerk of court of the 4 th Judicial Shari’ah District in Marawi City. to the extent that he performed these tasks. Its service contract with Allied Bank expressly provides that it shall provide Allied Bank’s main office with janitorial and maintenance personnel who shall remain as FGSI’s employees. hence may only practice law before Shari’ah courts. the petitioner’s other tasks were in relation to his general assignment in the legal department of Allied Bank as messenger. In his Quitclaim and Release dated October 28. (3) the power of dismissal. he bound himself to inform FGSI if and when he was transferring to another agency. 2002. 1997 Facts: Sophia Alawi.6 the LA. Atty. FGSI tried to reassign the petitioner to another client. Alauya signed his name with the prefix “Atty. having obtained the necessary degree in the study of law and successfully taken the Bar Examinations. the contractor does not exercise the right to control the performance of the work of the employee. the petitioner explicitly acknowledged that he was hired by FGSI.” Issue: Whether or not Alauya is entitled to use the title “Attorney’? Ruling: As regards Alauya’s use of the title of “Attorney. the courts shall not step in to annul the same. the petitioner collected his pay and benefits from FGSI. there are prejorative connotations to the terms.

upon which the municipality anchored its imposition of rental fees. Thus. aside from being unsubstantiated by convincing evidence. As a rule. His disinclination to use the title of “counsellor” does not warrant his use of the title of attorney. It held that the factual milieu of the case justifies issuance of the writ. In such cases. insulting or virulent language. the petitioner can no longer abide thereby. we find that the decretal portion of its decision was erroneously couched. Whether or not the issue had become moot and academic. Villaflor where a determination was made on the nature of the power of a mayor to grant business permits under the Local Government Code.. which the petitioner did not accept. Nevertheless.01 of the Revenue Code of the Municipality of Naguilian. also. the CA reversed and set aside the RTC decision. (b) under Section 6A.. The objective of the petition for mandamus to compel the petitioner to grant a business permit in favor of respondent corporation for the period 2008 to 2009 has already been superseded by the passage of time and the expiration of the petitioner’s term as mayor. COURT OF APPEALS G. the tax declaration in the name of the municipality was insufficient basis to require the execution of a contract of lease as a condition sine qua non for the renewal of a business permit. may be compelled by a writ of mandamus to release the respondent’s business permit ceased to present a justiciable controversy such that any ruling thereon would serve no practical value. Issues: 1. can no longer be practically utilized in favor of the petitioner. and for usurping the title of attorney. The CA’s conclusions on the issue of ownership over the subject land and the invalidity of Sangguniang Bayan Resolution No. no common ground was reached among the parties. 2. While the CA is not precluded from proceeding to resolve the otherwise moot appeal of the respondent. 198860. the municipal mayor of Naguilian. was void because it failed to comply with the requirements of the Local Government Code and its Implementing Rules and Regulations. In its complaint. valid or not. INC. the CA proceeded to discuss the merits of the case even though the petition itself is dismissible on the ground of mootness. Inc. 002-01197. Should the writ be issued. Ruling: We agree with the CA that the petition for mandamus has already become moot and academic owing to the expiration of the period intended to be covered by the business permit. Political Law ABRAHAM RIMANDO VS. Hon. i. This was the pronouncement of this Court in Roble Arrastre. in his capacity as mayor. An issue or a case becomes moot and academic when it ceases to present a justiciable controversy so that a determination thereof would be without practical use and value or in the nature of things. filed a petition for mandamus and damages against Abraham Rimando (petitioner). The ratiocination. until such time that the company executes a contract of lease with the municipality. 2012 Facts: Naguillian Emission Testing Center Inc.. Indeed. No. the overriding and decisive factor in the final disposition of the appeal was its mootness and the CA should have dismissed the same along with the petition for mandamus that spawned it. The petitioner elevated the matter to the Supreme Court. 2007-81. On January 18. 2008. 2007-81. Verily then. the case against the mayor also was moot and academic since his term as mayor expired. the company alleged that from 2005 to 2007 its business is located on a land formerly belonging to the national government which was later certified as an alienable and disposable land of the public domain by the DENR. the petition for mandamus filed by the respondent is incompetent to compel the exercise of a mayor’s discretionary duty to issue business permits. discretionary in nature. The RTC ruled in favour of the petitioner. More importantly. La Union. On appeal.e. the respondent is amenable to signing the contract but with some revisions. there is no actual substantial relief to which the applicant would be entitled to and which would be negated by the dismissal of the petition. hence the company filed the petition. and he is warned that any similar or other impropriety or misconduct in the future will be dealt with more severly. . cannot be enforced. The CA further observed that Sangguniang Bayan Resolution No. ROSEMARIE LLARENAS AND HON.local legislators. it applied for a renewal of its business permit and paid the corresponding fees. It held the mayor not liable for damages since he acted in the performance of his duties which are legally protected by the presumption of regularity in the performance of official duty. Whether or not the issuance of a business permit maybe compelled thru a petition for mandamus. the municipality has the right to require the petitioner to sign a contract of lease because its business operation is being conducted on a real property owned by the municipality. the issue as to whether or not the petitioner. the effectivity date of the business permit no longer subsists. v. courts decline jurisdiction over such case.R. Alauya is hereby reprimanded for the use of excessively intemperate. July 23. as correctly ruled by the RTC. or dismiss it on ground of mootness. is of no moment. ratiocinating that: (a) the Municipality of Naguiian is the declared owner of the subject parcel of land by virtue of Tax Declaration No. a mayor cannot be compelled by mandamus to issue a business permit since the exercise of the same is a delegated police power hence. and (c) a mayor’s duty to issue business permits is discretionary in nature which may not be enforced by a mandamus writ. REPRESENTED BY ITS PRESIDENT. language unbecoming a judicial officer. NAGUILIAN EMISSION TESTING CENTER. but the petitioner refused to issue a business permit.

On March 12. averring that it enjoyed prior use of the brand name “ZYNAPS” by virtue of the Certificate of Product Registration issued by the BFAD in 2003.D. Zuneca elevated the case to the Supreme Court. that Zuneca had prior right over the mark. Natrapharm then filed a complaint against Zuneca for trademark infringement for violation of RA 8293 with prayer for temporary restraining order and/or writ of preliminary injunction. the latter refused to heed its demand. and marketed under the trademark “ZYNAPSE” obtained from the Intellectual Property Office under Certificate of Trademark Registration No. citing the reasons when it first ruled on the denial of issuance of a temporary restraining order. the latter initially affirmed the RTC order. an all-Filipino pharmaceutical company. in which case it shall be known as a preliminary mandatory injunction. requiring a party or a court. The RTC reasoned out that Natrapharm cannot avail of injunctive relief. November 11. Because of this development. When Natrapharm issued a cease-and-desist letter to Zuneca pointing out its claims. Thus. an anti-convulsant under the generic name “CARBAMAZEPINE” under an unregistered trademark. INC. classes. No. (Emphasis supplied) . G. 2015 Facts: Natrapharm. Zuneca argued otherwise. as early as 2001. the RTC denied the application for a writ of preliminary injunction. Zuneca Pharmaceutical. the RTC rendered a decision on the main case. Issues: Whether or not the present petition had become moot and academic in view of the RTC Decision on the main case which ruled in favor of Natrapharm. pointing out that it had been issued by the Bureau of Food and Drugs a Certificate of Product Registration as early as 2003. 42007-005596 granted on November 24. Natrapharm claims that Zuneca is selling Zynaps in drugstores all over the country where Zynapse is also sold. arguing that the RTC Decision was a full adjudication on the merits of the main issue of trademark infringement. on December 2. Ruling: We hold that the issues raised in the instant petition have been rendered moot and academic given the RTC’s December 2. In the meantime. agency or a person to refrain from a particular act or acts. thus the present petition had not been rendered moot. It may also require the performance of a particular act or acts. had been selling a medicine imported from Pakistan.REMEDIAL LAW CASE DIGEST ZUNECA PHARMACEUTICAL. Natrapaham moved to dismiss the petition before the Supreme Court. On petition for certiorari to the CA. NATRAPHARM. AKRAM ARAIN AND/OR VENUS ARAIN. Zuneca believes otherwise. that is. 2011 Decision on the merits of the case. citing Section 122 of RA 8293 which gives it exclusive right to use the name “ZYNAPSE” and to exclude others. has serious and disfiguring side-effects. On the other hand. it may not invoke ascendancy or superiority of its CTR (Certificate of Trademark Registration) over the CPR (certificate of product registration). 197802. as the latter is evidence of Zuneca’s prior use. Rule 58 of the Rules of Court provides for both preliminary and permanent injunction. DBA ZUNECA PHARMACEUTICAL VS. and unknown to Natrapharm. it only involving an ancillary writ. It contended that the present petition is moot and academic. Arram Anain and/or Venus Arain. since the RTC decision had not yet attained finality. Preliminary injunction defined. which allowed them to sell CARBAMAZEPINE under the trademark “ZYNAPS”. Though the holder of a valid trademark. Rule 58 provides for the definition of preliminary injunction: SECTION 1. “ZYNAPS”. Section 1. M. but reversed itself on motion for reconsideration by Natrapharm. 2007. and the sale of the same in drugstores may give rise to medicine switching. 2008. ruling in favour of Natrapaham. — A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order. pronounced the same as “ZYNAPSE”. manufactures and sells a medicine with generic name “CITICOLINE” for heart and stroke patients.R. 2011.

Rule 58 of the Rules of Court. . forms part of the judgment on the merits and it can only be properly ordered only on final judgment. the findings of fact and opinion of a court when issuing the writ of preliminary injunction are interlocutory in nature and made even before the trial on the merits is commenced or terminated. 9. (Emphasis supplied) A writ of preliminary injunction is generally based solely on initial and incomplete evidence. cannot survive the main case of which it is an incident. By contrast a permanent injunction.On the other hand. — If after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined. the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts or confirming the preliminary mandatory injunction. The evidence submitted during the hearing on an application for a writ of preliminary injunction is not conclusive or complete for only a sampling is needed to give the trial court an idea of the justification for the preliminary injunction pending the decision of the case on the merits. because an ancillary writ of preliminary injunction loses its force and effect after the decision in the main petition. or a rule to show cause is equivalent to an answer. As such a preliminary injunction. When final injunction granted. As such. Section 9 of the same Rule defines a permanent injunction in this wise: SEC. like any preliminary writ and any interlocutory order. A permanent injunction may thus be granted after a trial or hearing on the merits of the case and a decree granting or refusing an injunction should not be entered until after a hearing on the merits where a verified answer containing denials is filed or where no answer is required. based on Section 9.