Page 12

Drinking and Driving, What you Ought to Know

By Zyril F. Marchan
Before the Anti-Drunk and Drugged Driving Act, also known as
Republic Act 10586 was passed, acts causing damage to persons or
property while driving under the influence of drugs and/or alcohol is
already punishable. With its passage, the law now prohibits mere
driving under the influence of alcohol and/or dangerous drugs. The
penalty attached is imprisonment ranging from three months to a
maximum of 20 years, and/or a fine between P20,000 to P500,000,
depending on the attending circumstances. Moreover, a professional
holders license may be revoked permanently at a single offense. For
non-professional license holders, there is a 12-month suspension on
their first offense and a permanent revocation on the second offense.
The apprehension procedure is laid down in detail. A Law
Enforcement Officer (LEO) will pull over a car upon having probable
cause or reasonable ground to believe that such driver is under the
influence of alcohol and/or dangerous drugs. Probable cause means
the LEO personally witnessed a traffic offense like lane straddling,
over speeding, making sudden stops, and swerving or weaving
through lanes. After which, the driver will undergo three Field
Sobriety Tests.
The first test is the eye test where the driver must follow with
their eyes an object that the officer moves horizontally, a foot away
from the face. Second is the walk-and-turn test where the driver must
walk nine steps forward on a straight line. After which he will be
asked to turn and then walk back the same distance. Last is the oneleg stand where the driver must be able to stand on one leg and raise
the other for at least six inches from the ground and be able to hold
that position for thirty seconds. If the driver does not pass the field
sobriety tests, he will be asked to take the Alcohol Breath Analyzer or
breathalizer test to analyze his blood alcohol level, which must not
exceed 0.05%. However, drivers of public utility vehicles, trucks,
buses, and motorcycles must have a blood alcohol level of 0.0%.
If there are reasonable grounds to believe that the driver is
under the influence of drugs, the LEO will bring the driver to the
nearest police station, where he will undergo a drug test. If the
offender passed the field sobriety test or the breathalizer test, he will
only be sanctioned or penalized for a traffic offense and not under
subject to RA 10586. On the other hand if the offender fails the
breathalizer test, he will be arrested. Also, his vehicle will be

impounded. Refusal to take the test will result in the confiscation and
revocation of the drivers license, in addition to other traffic penalties.
Word count: 442

Page 13
RHONDA AVE S. VIVARES and SPS. MARGARITA and DAVID
SUZARA, petitioners, vs. ST. THERESAS COLLEGE, MYLENE
RHEZA T. ESCUDERO, and JOHN DOES, respondents.
G.R. No. 202666
September 29, 2014
Case Digest by Pauline Ubaldo

Facts:
In 2012, Julia Daluz (Julia) and Julienne Suzara (Julienne), then
graduating high school students at St. Theresas College (STC) in
Cebu City, took pictures of themselves along with several others in
swimsuits for a beach party. Mylene Escudero (Escudero), a computer
teacher at STC, learned from her students that some seniors posted
pictures of themselves dressed only in brassieres. Escuderos students
logged in to their respective personal Facebook accounts and the
photos showed Julia and Julienne drinking hard liquor and smoking
cigarettes inside a bar, and showed the girls wearing articles of
clothing virtually the entirety of their brassieres. Escudero reported
the matter and showed the photos to Kristine Tigol (Tigol), STCs
Discipline-in-Charge for appropriate action, and upon investigation,
the school found the students to have deported themselves in the
manner proscribed by the Students Handbook.
In March 2012, Sr. Purisima, the high school principal and ICM
Directress informed the students in question, that as part of their
penalty, they were barred from joining the commencement exercises
to be held that month. Petitioners insist that Escudero intruded upon
their childrens Facebook accounts, downloaded copies of the pictures
and showed said photos to Tigol. To them, this was a breach of the
minors privacy of their Facebook accounts, positing that their
childrens disclosure was only limited since their profiles were not
open to public viewing. Therefore, according to them, people who are
of their Facebook friends, including respondents, are barred from
accessing said post without their knowledge.
Issue:
Whether or not there was indeed an actual or threatened
violation of the right to privacy in the life, liberty, or security of the
minors.
Ruling:
The Court found no merit in this petition. The right to
informational privacy is defined as the right of individuals to control
information about themselves. With the availability of numerous
avenues for information gathering and data sharing nowadays, there
is more reason that every individuals right to control said flow of
information should be protected and that each individual should have
at least a reasonable expectation of privacy in cyberspace. The Court,
by developing what may be viewed as the Philippine model of the writ
of habeas data recognizes that, having an expectation of informational
privacy is not necessarily incompatible with engaging in cyberspace
activities, including those that occur in online social networks (OSNs).

The question now is, up to what extent is the right to privacy

protected in OSNs? To address this concern, Facebook was armed
with different privacy tools designed to regulate the accessibility of a
users profile as well as information uploaded by the user. It is
through these privacy tools that many OSN users are said to have a
subjective expectation that only those to whom they grant access to
their profile will view the information they post or upload thereto.
However, before one can have an expectation of this privacy, it is first
necessary that said user, manifest the intention to keep certain posts
private, through the employment of measures to prevent access
thereto or to limit its visibility by utilizing the OSNs privacy tools. In
this regard, the minors testimonies cannot be given weight for one
key reason: failure to question the students act of showing the photos
to Tigol disproves their allegation that the photos were viewable only
by the five of them. Without any evidence to corroborate their
statement that the images were visible only to the five of them, and
without their challenging Escuderos claim that the other students
were able to view the photos, their statements are, at best, selfserving, thus deserving scant consideration.
There can be no quibbling that the images in question, are
personal in nature, likely to affect, if indiscriminately circulated, the
reputation of the minors enrolled in a conservative institution. It is
thus incumbent upon internet users to exercise due diligence in their
online dealings and activities and must not be negligent in protecting
their rights. Equity serves the vigilant.
Word count: 657

Page 20

Students Contribution
Batas Kalikasan: May Magagawa ba Tayo?

To state it more generally, environmental law can be promoted by

making it accessible to the public. By accessible we mean relatable
to whom it is being taught. It would be impossible to make every
audience interested in all of environmental legislation, but it is

certainly possible to pique an audiences interest in those specific

laws that pertain to their current situation.
-Baviera, Denise

The LGUs are the catalysts of reform in relation to Environmental

Laws. The LGUs not only have the potential but also the inherent
power to implement and popularize Environmental Laws. If cities can
bring about change by standing their ground and reinforcing the laws
protecting the environment, what more if other LGUs take part in
contributing
to the implementation and popularization of
Environmental Laws.
-Guevara, Lawrenz

I believe that for environmental laws to be popularized, it must first

be instilled in peoples minds that the environment is important. The
environment is where we live in and move around every single day of
our lives. Without the environment, we cannot survive this world.
Therefore, we must preserve and take care of it. It is through this
realization that one would initiate acts which would aid in the
preservation of the environment. If one establishes love and concern
for the environment, it would be inevitable that all of his actions
would be for the benefit of it.
-Reyes, Ma. Celina

In this modern time, it is indeed a challenge for institutions to

welcome changes and innovations for the better. One way of enticing
people to learn not only environmental laws, but also any other thing,
is for one to tickle their interest and give them something to look
forward to. Only by this can we get their attention and achieve two
goals at the same time: to promote learning and to encourage people
to save the environment while theyre in a good disposition.
-Gumatay, Jmarri

Through the popularization of environmental law, society will now be

able to discern what is right from wrong. Once we achieve this, then
we can proceed with relating the essentials of the survival of the
human race and this planet including all its living things, the

preservation of our rights, and the preservation and development of a

better way of living, and relating all that to the ability of
Environmental Law to be a strong weapon or tool for doing so.
-Aseron, Xavier

Page 21- move to march 7 deadline

Page 22
Youth Activism: Traditional or New Media?
By Mara Martinez
In her inaugural speech for a public forum series last November,
Senator Miriam Defensor-Santiago referred to Oxfams definition of
activism as "efforts to create changes in the behavior of institutions or
organizations through action strategies such as lobbying, advocacy,
negotiation, protest, campaigning, and raising awareness." The idea
of youth activism humming through her mind must have been civic
engagement, because it serves as a vehicle for expressions of dissent,
attempts to effect change, or efforts to place issues on the political
agenda.
Time and again, this indomitable spirit to dissent, to present a
counter-narrative has manifested itself in our history. Who could have
thought that dandies and delinquents in faraway Madrid would
blossom into the Propaganda Movement? And who would have
expected university students to echo their stand at the closing days of
the Third Republic? Lest we forget the spectacle of chairs falling
down from PUP buildings that elicited all sorts of emotions from

society. This celebrated spirit of dissent finds itself blowing through

social media where the youth activists of today have delivered their
messages across a wider audience and in a more rapid manner.
Social media has proven to be an efficient tool in spreading
ones message and creating a movement. A single click enables
thousands and millions of people from various walks of life and
different corners of the globe to receive messages in seconds. This is
why youth activists, particularly in the Philippines, have chosen this
platform in pushing their advocacies forward. The Million People
March held on August 26, 2013 comes into mind, where thousands of
Filipinos gathered in Rizal Park to protest for the full abolition of the
pork barrel. The protest that started as a spark in social media spread
like wildfire amongst the youth. Through Facebook and Twitter, more
and more people became aware of the movement and were inspired to
join.
The outspoken senator, however, noted that weakness in longterm strategic thinking, collective organization, and issue-specific
sustained advocacy are some flaws of Social Media Activism. Hence, it
often fails to produce results. For instance, the Million People March
failed to achieve reforms in the government despite its numerous
participants. In addition, the use of social media makes it difficult for
youth activists to send clear their messages, as these are only a few
among millions. Their messages can easily be dismissed or ignored
among the thousands of the daily online posts and shares.
Terry Ridon, an environmental lawyer and former student
activist, believes that traditional activism is essential as this compels
politicians to act. In an interview with Rappler, Ridon said that
politicians aren't roused into action without seeing numbers on the
streets. Political battles are not won simply by the brilliance of the
legislator. It is won by a political movement that really wants political
change. Although not necessarily violent, most rallies tend to become
such due to various outside factors. Aside from violence, hypocrisy is
also one of traditional activisms diseases, as pointed out by Danilo
Aragon, a professor in University of the Philippines Manila and a
youth activist during the Marcos era. According to Aragon, sectoral
and public support is won not merely through spectacle, but through
strength and clarity of arguments. He also adds that youth activists
must have the right means to the end, as mass mobs may cause
destruction of public property.
At the end of day, the youth activist stands at the crossroads.
Some prefer to participate at the parliament of the streets,
particularly college students who are part of political movements.

Some, on the other hand, believe that posting and sharing messages
on imagined social communities can spark changes and spread
advocacies across a wider audience. Through all the issues on forms
of youth activism, what is important is that the youth must always
have a say and the power to act on matters of social relevance. As
Karl Marx said, that while philosophers have interpreted the world in
various ways, the point is to change it.
Word count: 665
References:
https://www.senate.gov.ph/press_release/2014/1114_santiago2.asp
http://nhcp.gov.ph/the-role-of-student-activism-in-the-philippineindependence-2/
http://www.up.edu.ph/signposts-in-the-history-of-activism-in-theuniversity-of-the-philippines/
http://www.rappler.com/move-ph/27023-youth-activism-organizedaction
http://www.theguidon.com/1112/main/2014/10/revolutionizingrevolution/

page 23- to follow

page 24

ASEAN Integration and the Filipino Law Student: Paving The

Way For A Big Change
By Mara Martinez
November 2007 marked the signing by ASEAN Leaders in
Singapore of the blueprint for achieving an ASEAN Economic
Community (AEC) by 2015. This serves as one of the pillars for the
establishment of ASEAN Integration. One of the aims of the AEC
Blueprint is to ensure a free flow of goods, services, investment,
capital, and skilled labor. The Philippines, being a signatory, must
therefore be ready to face the upcoming changes in its economy, such
as a boost in career opportunities and intense competition, especially
in the legal profession. The main issue with the ASEAN Integration is
the level of readiness to face and adapt to such changes.
In an interview with Atty. Bruce Rivera, he discussed the
challenges and effects of the ASEAN Integration towards the legal
sphere in the Philippines, specifically with the legal education.
Q: In general, what do Filipinos have to expect from the ASEAN
Integration?
In the Philippine Association of Law Schools (PALS) Convention

in Hong Kong last December, we were given a framework of the

ASEAN Integration. The integration of economies comes with
the integration of professions. The aim of the ASEAN
Integration is the free flow or free access not only of economies,
but also of professionals. Doctors in Hong Kong can be doctors
in Manila. Physical therapists in Manila can be physical
therapists in Thailand. We need to streamline or find
commonalities in our curriculum so we can be integrated in the
ASEAN including the practice of lawfree practice of lawyers
outside the borders of the Philippines.
Q:
How would the integration affect the practice of law in the
Philippines?
The problem with the legal profession is, first, it is limited to
Filipinos in the Philippines. Second, our curriculum is baroriented. The reason why we have this curriculum is to enable
our students to pass the bar exams. Our curriculum is very
parochial, only Philippine-based. We can be good lawyers in the
Philippines and pass the bar in the Philippines. But when we go
outside of the Philippines, the problem begins. If we go to
common law countries, like India, practicing law there is
difficult. The practice of law is limited only to Filipinos. If we
allow other people to practice in our country, would we be able
to practice in their country as well?

Q:
Would globalization of Filipino law students be achieved through
the ASEAN Integration?
Its very difficult for Filipino law students to be globalized.
When you tend to practice law in the Philippines, the mind
frame is that you will be working in the Philippines as a Filipino
lawyer. When you want to globalize, you have to start from the
grassroots. You have to overhaul the whole curriculum to make
it global. You have to study international conventions myopically.
Aside from that, you have to be proficient with the language of
the country you want to practice in. The Supreme Court and the
legal profession have to spearhead the integration for the law
schools and the law students to follow.

Q: Is the ASEAN Integration a positive advancement or a negative

change in the study of law in the Philippines?
Can an ordinary law student handle this change? We have to
study criminal law, commercial law, taxation, etcetera, because
that would make you pass the bar. Afterwards, can a law
students brain still handle other studies? Why not limit
globalization to after the law studies, as an advanced study or as
a masters option, if you really want to work outside and be
competitive? Unless the Supreme Court streamlines the
curriculum in a manner that we can accommodate new
information, its going to be very difficult for a law student. The
world is getting global. At a certain point, we have to integrate.
But there are areas in Philippine economy that we are not
prepared to integrate, and sadly one of those is the legal
profession. Will ASEAN Integration do us more harm than good?
I dont know. But at the end of the day, its okay that we expand
our options, and that the Supreme Court and the stakeholders in
the legal profession recognize that, at some point, we have to
integrate.

Page 25- change current event to possibility of masters of law.

Article to follow
Page 31

A FORTIORI:
A FORUM ON THE RECENT DEVELOPMENTS IN THE FIELD
OF LAW
By Christine Bernadette Cruz
Last February 24 the Academic Bar Operations organized a
forum on the recent development in the field of law, entitled A
Fortiori. It was held at the St. Maur Auditorium of San Beda College
Alabang School of Law, which was attended by the whole student
body. A Fortiori, means to strengthen -- ones knowledge of the law.
The forum included a discussion on enhanced defense
cooperative agreements with Former Senator Rene Saguisag as
speaker. Atty. Bernadette Ongoco discussed International Arbitration,
as supplemented by the topic on Alternative Dispute Resolution (ADR)
by Atty. Batungbakal. DOJ Assistant Secretary Gerenimo Sy talked
about the New Criminal Code.
With respect to the recent updates on International Arbitration,
Atty. Ongoco was very generous on giving away bookmarks, notepads,
and a handbook containing the pertinent laws in ADR. The forum
became a venue for encouraging the newly-elected Student Law
Government to draft a memorandum of agreement for free training
and workshops in Alternative Dispute Resoluton.
The highlight of the event points toward the changes in the
Criminal Code. DOJ Assistant Secretary Sy emphasized that the penal
code is a result of copying laws that have organic proof elsewhere.
According to him, We need to think on our own and what we need is
a criminal law understood by any Juan Dela Cruz for them to quickly
discern, read, and grasp penal laws. In 2010, the Department of
Justice constituted the Criminal Code Committee (CCC) with DOJ
Assistant Secretary Sy as chairman, to review all existing penal laws
of the country and draft a simplified Criminal Code.
The New Criminal Code, which is expected to take effect in
2020, includes a five-level penalty that is generally favorable to the

accused. Just like the revised penal code, it also has two books: Book I
on Criminal Law principles and Book II covering crimes and penalties.
This change made procedural and substantive laws go together. In
effect, there will also be changes in the present criminal procedure
and the other parts of the Rules of Court. Some of the changes worth
noting include the elimination of the concepts of frustrated stage,
accomplices, special complex crimes, aggravating circumstance of
dwelling, impossible crimes, adultery, and concubinage, among
others.
Ms. Stefan Ellise Bernardo, Event Committee Head for
Academic Bar Operation, extends her gratitude to all who attended
the event. It would not be successful without the full support of the
school administration, Rev. Fr. Rector Anselm Manalastas, Honorable
Dean Ulan Sarmiento, and prefect for Student Affairs Atty. Bruce
Rivera.
Word Count: 417

Page 2, 3, 14, 15, 16, 25 articles to follow