Wednesday, March 30, 2011

annulment in the Philippines

If I were to answer that question with a simple yes or no answer, the answer
would be a definite NO!  It must be understood however that divorce in the legal parlance, is the dissolution of marriage for whatever reason resulting in capacitating both parties to remarry.  Divorce legally recognizes that a marriage actually existed, but for whatever reason, one or both parties can no longer continue with the commitment.
However, it is still possible for a marriage solemnized in the Philippines to be terminated.  The way to terminate the marriage is, however, not called divorce, it is called an annulment.  An annulment unlike a divorce has the effect of considering the marriage as “void ab initio”, a latin term to meaning the marriage NEVER existed at all.  The grounds for annulment are often pertaining to the absence of, or defect in, one of the essential or formal requisites of marriage. Although it has a different effect in how it considers the marriage (null and void) after annulment, it has however the same effect in terms of capacitating the parties to remarry. It should be noted that for a marriage to take place, there are essential requisites and formal requisites which must first be met.
The essential requisites of marriage are: 1) legal capacity of the contracting party, who must be male and female, and 2) consent freely given in the presence of the solemnizing officer (Article 2, Family Code [FC]).  The formal requisites of marriage are (1) authority of the solemnizing officer, (2) a valid marriage license (except in specific instances mentioned under Chapter 2 of the Family Code), and (3) a marriage ceremony which takes place with both of the contracting parties appearing before the solemnizing officer and declaring that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (Article 3, FC).
Although many loosely call all actions for terminating marriage in the Philippines as annulment, the truth is there are several actions that may be instituted to terminate the marriage.
Declaration of Nullity of Marriage
Grounds rendering a marriage “void ab initio” are:
  1. those contracted by any party below 18 even with the consent of parents
    or guardians;
  2. those solemnized by any person not legally authorized to perform marriage unless either or both parties believed in good faith that the solemnizing officer had the legal authority to do so;
  3. those solemnized without a marriage license except those expresslyexempted by law to secure a marriage license;
  4. those bigamous or polygamous marriages;
  5. those contracted through mistake of one of the contracting parties as to the identity of the other;
  6. incestuous marriages as defined in Article 37 of the FC; and
  7. void marriages by reason of public policy (i.e. between step-parents and step-children, between adopting parent and adopted child).
An action for the declaration of the absolute nullity of marriage may be instituted at any time and shall not prescribe (Art. 39, FC).
It must be emphasized that although the marriage is void from the beginning, a party cannot unilaterally contract a subsequent marriage with the thought in mind that the previous marriage was invalid.  For example, A and B contracted a marriage with a fake marriage license.  Spouse B who knew that the marriage license was fake contracted a second marriage with C.  Is the marriage between Spouse B and C valid? No!  The marriage between A and B should have first been declared null and void by the Court before Spouse B and C can marry.
Annulment of Marriage

In an Action for Annulment of Marriage, the following marriages may be annulled:
  1. that the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over, but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
  2. that either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
  3. that the consent of either party was obtained by fraud, unless such party
    afterwards, with full knowledge of the facts constituting the fraud, freely
    cohabited with the other as husband and wife;
  4. that the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
  5. that either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
  6. that either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
The appropriate remedy for these grounds is an action for the annulment of
marriage. Unlike in the first set of grounds above mentioned, an action for the annulment of marriage prescribes; in case of lack of consent, until the party filing for annulment reaches 21;  in case of insanity until the death of either party or the lucid interval of the insane spouse; in case of fraud, force, intimidation or undue influence, incapacity to consummate the marriage or knowledge of the sexually-transmissible disease, within five years from the occurrence of the fraud, force, intimidation or undue influence, incapacity to consummate the marriage or knowledge of the sexually-transmissible disease.
There are at least three other ways to terminate a marriage celebrated in the
Philippines. But I will leave that for a future article. Please submit any questions or concerns regarding this article, as this will serve as the grist of a future Q & A article. Each article on this subject will be headed with the same title (Is there Divorce In the Philippines?), followed by the numeral designating it’s chronology in the series. Hope I was of some help in clarifying dissolution of marriage in The Philippines.

Monday, March 28, 2011

PIRACY and the Filipino Seafarers


A Filipino sailor,  Christopher Cortez Ceprado, was found dead last May 11, 2011 aboard MT Sea King , a Marshall Island-flagged chemical tanker, four days after it was attacked by pirates off the coast of Benin in West Africa. Heavily armed pirates on May 7, 2011  boarded chemical tanker MT Sea King while docked in Cotonou, the largest city in Benin, . Ceprado, who was among the 15 Filipino crewmembers of the ship, was later found dead on May 11. The pirates looted the vessel and even the personal effects of the crew were taken

Ceprado's family hailed from my hometown  of Matabao. Tubigon, Bohol. 

Ceprado's remains came home more than a month after the incident. Legalization of documents were difficult since the nearest Philippine Embassy is far from where the incident occured. compounded by the somewhat slow coordination with the manning agencies and the insurance. Worse, when his cadaver was being flown to the Philippines, customs officials discovered that his legal documents such as  medical records and death certificate were missing in Amsterdam thus his body was not allowed to leave the airport unless all necessary papers are "reconstituted". His body  was originally scheduled to arrive on June 12, 2011 but it reached manila only on June 16, 2011.

This is the recent reported piracy casualty incident involving Filipino sailors in a hostage-taking incident in African waters.   On January 26, 2011 a Filipino crewman of German ship MV Beluga , Mr. Farolito Vallega,was shot and killed by Somali pirates as two anti-piracy naval patrol vessels attempted a rescue mission.
Last February,2011,   i attended a rally in front of the Department of Foreign Affairs (DFA) in connection with the death of  Filipino seafarer Vallega in a hostage incident in the Somalia seas.




The German-owned MV Beluga Nomination was hijacked by Somali pirates 390 nautical miles north of Port Victoria in the Seychelles on January 22, 2011. Onboard the ship were 12 crewmembers, including seven Filipinos. The other crewmembers are of Russian, Ukrainian and Polish descent.  Another Filipino crewman is still reported missing after jumping overboard during the said rescue operation.







These incidents are  reality checks  to the risk faced by seafarers , particularly Filipino seafarers.  The Philippines, which supplies a third of the world’s seafarers’ population, is among the most adversely affected and seriously alarmed by incidences of piracy in the Somali basin and the Gulf of Aden. The hijacking of dozens of vessels, ranging from massive oil tankers to chartered supply ships carrying UN food aid for Somalia, has become a highly lucrative industry with millions of dollars paid in ransom each year.

The Philippines is considered as the major supplier of maritime labor globally. Per Philippine Overseas Employment Administration (POEA) data, there were 330,424 Filipino seafarers deployed abroad in 2009 comprising almost 30 percent of the global maritime labor force. Although the number of deployed Filipino seafarers has decreased from 2006 (274,497), 2007 (266,553) to 2008 (261,614), the dollar remittances have been constantly  increasing from US$1.9B in 2006, US$2.2B in 2007 , US$3B in 2008, US$3.4B in 2009 to US$3.8B in 2010.




The Gulf of Aden  leads to the Red Sea and Suez Canal, a vital and one of the most cost-effective  route for trade between Asia and the Middle East, and Europe and North America. The effected area compromises two strategically important choke points. Around 7.5% of world trade travels through the Suez Canal.  The Straits of Hormuz lead to the Arabian Sea and a daily average of 16.5 to 17 million barrels transit through this effected area.  This is 40% of the world’s seaborne oil shipments and 20% of all the world’s oil shipments.There is no existing central government in Somalia. Since the United Nations withdrew in March 1995 without restoring a functioning government, little progress has been made.
Seafarers are on the frontline of the piracy problem. In recent years, thousands of seafarers have been killed, injured, assaulted, taken hostage or threatened as piracy and armed robbery have increased dramatically.. All seafarers transiting the Gulf of Aden and Northern Indian Ocean, have to live with the risk of attack. When ships are attacked by pirates, crews suffer the stress of being fired upon with guns and rocket propelled grenades and those captured can be held hostage for months. Following a piracy attack those involved can be seriously affected by post traumatic stress.
For the shipping industry, costs are soaring due to piracy issues. Operators now face rising insurance premiums for a high risk area.Other costs include installing preventative measures and protection on board, employing private security personnel, as well as  payments.

Worldwide, there have  been 248 attacks so far in 2011 with 28 vessels hijacked. The waters off Somalia continues to remain the most piracy-prone area but the risk to crews and shipping off Nigeria and its neighbouring states is remains high as well. As of January 2011 figures from the  International Maritime Bureau shows that there are over 700  hostages being held on over 30 vessels. However, other figures suggest that the figure could be higher than 800. To date, there are at least 130 Filipino seafarers on board 11 vessels that had been held captive by Somali pirates.

The ICC International Maritime Bureau’s (IMB) Piracy Reporting Centre (PRC) has issued a warning to vessels in the waters off Benin. Attacks are increasing as there have been eight attacks in total off Cotonou, Benin, so far in 2011 with six taking place since May this year. Of the eight attacks, four vessels were hijacked and two boarded by pirates who robbed ship and crew property and in some cases cargo.


In a paper presented during the recent anti-piracy  conference  held April 2011 in Dubai,   Benin  Ambassador Pamphile  Goutoundji  said "The scourge of piracy is moving to other areas of Africa. My country Benin is one of the unknown victims of this unlawful activity. Because of its geographical position, ( a large coastal side in the Gulf  of Guinea,  hub of maritime transportation in West Africa,  a port of transit for hinterlands countries), Benin has regularly witnessed piracy attacks and threats in her maritime waters."

            As a policy, the Philippine government does not negotiate with nor pay ransom to kidnappers, but gives ship owners the free hand in negotiating for the release of abducted Filipino sailors.

Initially a recommendation in  October  2008  to ban all Filipino seafarers from vessels transiting the Gulf of Aden  was the only solution being considered by the Philippines in order to protect the welfare of its seafarers. However,  the  proposed ban has met strong opposition from local seafarers’ groups and manning agencies  saying this policy would be costly on the maritime industry and will force shipping companies to turn to other nations for manpower. Stakeholders argued that if the Philippines were to suspend the sending of, or limit the travel of, seafarers to the pirate area, that would definitely disrupt world shipping. 
In response, the POEA has issued Governing Board resolutions from 2008 to the current year that declared high risk areas for our seafarers and  that seafarers passing within the declared ‘high risk’ areas shall receive double the amount of their basic wage, overtime pay, and leave pay. They shall also be entitled to a double amount of compensation and benefits in cases of death, injury, or illness while within the said areas. More significantly, the resolution orders the Master to inform the seafarer passing through high risk areas as the voyage is known.
The Governing Board also issued other resolutions relevant to the Somalia piracy issue such as GBR No. 6 (adopting the 5th revision of the IBF High Risk Area for a definition of a new high risk zone); GBR No.5 (allowing the deployment of Filipino seafarers on board vessels transiting the Gulf of Aden on certain conditions); and GBR No.3 (extending the high risk zone coordinates as defined by the IMEC).
In view of the “double pay” resolutions issued by the POEA, any Filipino seafarer who was hostaged is entitled to double the amount of his  basic wage, overtime pay, and leave pay while he is  being held hostaged in Somalia. This is because in essence his contract has not yet been terminated until he has returned back to Philippine soil. However, Ceprado's case might not fall under this double pay scheme since the incident occured in an area not within the declared high risk zone by the POEA.

On January 28, 2010, the POEA issued memorandum circular no. 02, series of 2010, which required seafarers to be deployed to undergo anti-piracy awareness training seminar on practical measures to avoid, deter, or delay piracy attacks as a requirement for the processing of their contract. The course will teach seafarers how to detect approaching pirates and who to communicate with in case of an attack. This, however, will be at no cost to the seafarers.

The Philippines has also been recently admitted as member of the Contact Group on Piracy off the Coast of Somalia.  The CGPCS was established on Jan. 14, 2009 pursuant to UN Security Council Resolution 1851 to facilitate discussion and coordination of action among member-states and organizations to suppress piracy off the coast of Somalia.  Apart from 50 member-states, members of the Contact Group are the African Union, the European Union, the North Atlantic Treaty Organization, the International Maritime Organization and the UN Secretariat. It operates in the Gulf of Aden and off the eastern coast of Somalia covering an area of approximately 1.1 million square miles.

An International Recommended Transit Corridor was later  set up on  February 2009  to protect ships travelling through the Gulf of Aden. In this area, navies from the European Union, China, Russia, India and other nations escort ships and respond to distress calls from vessels under attack. The POEA issued guidelines requiring shipowners, principals, managers, and manning agencies to ensure that vessels with Filipino seafarers should pass only within this declared maritime security patrol area in the Gulf of Aden.

                         In the midst of the pircay issues are the wives and families of these seafarers who suffer from poor, or sometimes non-existent, information about what is being done to protect their loved ones or to secure their release.The International Committee on Seafarers Welfare (ICSW) has been actively conducting   Piracy Awareness seminars for the maritime community focusing on post-traumatic stress reactions and Post-Traumatic Stress Disorder, taking into account cultural issues, in particular in dealing with distressed family members in incidents which involve their family members. The seminars aimed to enhance the understanding of the complex, comprehensive and changing psychosocial needs created in the aftermath of a critical incident.



            Since the Philippines supplies a third of the world’s seafarers’ population, it will remain as  among the most adversely affected and seriously alarmed by incidences of piracy in the Somali basin and the Gulf of Aden. And hopefully, with the series of protective and preventive measures devised by both the government and private sector, no further bad news will follow the recent death of Filipino seafarer Christopher Cortez Ceprado.

Friday, March 25, 2011

bulol ka ba?

      "If I'm King, where's my power? Can I form a government? Can I levy a tax, declare a war? No! And yet I am the seat of all authority. Why?  Because the nation believes that when I speak, I speak for them. But I  can't speak."  One of my favorite quotes from the film "King's Speech" 
The movie tells the story of the man who became King George VI, the father of Queen Elizabeth II. After his brother abdicates, George ('Bertie') reluctantly assumes the throne. Plagued by a dreaded stammer and considered unfit to be king, Bertie engages the help of an unorthodox speech therapist named Lionel Logue. Through a set of unexpected techniques, and as a result of an unlikely friendship, Bertie is able to find his voice and boldly lead the country through war.
I guess the closest Filipino word  that can be associated with stammering, or stuttering, is "bulol" or "may pagkabulol"
  While watching the film,  I remember when i was younger  i admit  i am somewhat  "bulol "I had fear of public speaking even inside the classroom.  when i delivered my speech during third year high school recognition day, i felt my speech as first honors was a disaster because of my nervousness. I heard several negative reactions particularly in the "clarity" aspect. i then enrolled in speech clinic that summer in preparation for a possible valedictory speech the next school year.
 Many famous people and some singers are also afflicted with stuttering and were able to stop stuttering.

During the 2010 State of the Nation Address (SONA), President Noynoy Aquino received 36 claps and 6 instances of pagka-bulol within his 36 min speech. Thus, P-Noy has an average of 1 clap per minute, and he is  /"nabubulol" every 6 minutes during his SONA.

Stuttering is a common type of speech disorder, which is much like lisping, except you have trouble getting words out, or repeat them over and over.Stuttering has been known to have high negative impacts on hundreds of people, which sometimes results in self-abuse or in cases, even suicide. If you stutter, you may feel depressed, alone, or angry at yourself.

Experts say that the most effective was to address this issue is to find the cause,how it can be controlled, and how to live with it. Understand that it doesn't reflect your intelligence or mean that you are stupid or disabled.

Demosthenes, a Greek thinker, used to speak with rocks in his mouth to improve his stuttering. Hmmm i guess it might be worth trying with something clean, safe and edible, such as cookies or ice cubes. Be careful!

 Most likely your friends and family know you stutter, so practice reading something aloud. As soon as you stutter, restart, this time at a slower speed. One method that helps control stuttering is slowing down, and holding your stomach out, while at the same time sucking in. This helps control your voice, and your tone.At the beginning of a sentence, make the A or E longer, than the other words. Practice with sentence: "Adam likes to eat apples and earthworms."

One of the exercises done was to have a conversation with yourself in front of the mirror. It may sound silly, but it does help by overexaggerating the words as I  speak.

Overcoming  pagkabulol is really a challenge for me  due to my initiial fear of public speaking. However,  through the years, public speaking became part of my legal profession. I love sharing my legal knowledge to others. At present, I am   a  lecturer on trademark law as well as international maritime law (Maritime Labor Convention 2006) for the MCLE. I likewise conduct Paralegal Seminars on   Legal Rights of the Seafarers in coordination with the church-based Apostleship of the Sea (AOS) all over the Philippines involving the almost a hundred maritime schools as well as the migrants' desk of diocese or parish, or any seafarers’ wives/families groups. The biggest crowd i had was in Antique with almost a thousand maritime students inside their gym.

 

Thursday, March 24, 2011

Supreme Court decision on a Nestle trademark case on confusing similarity on milk products

It is FINAL. The Supreme Court has denied the Motion for Reconsideration filed by our opposing counsel in    favorable decision of the Court  on a Nestle trademark case on confusing similarity on milk products.. I personally handled the appeal case in the CA and SC level...


Nestle owns the “NAN” trademark for its line of infant powdered milk products, consisting of PRE-NAN, NAN-H.A., NAN-1, and NAN-2.  NAN is classified under Class 6 — “diatetic preparations for infant feeding.” Respondent Martin  Dy, Jr. owns 5M Enterprises.  He imports Sunny Boy powdered milk from Australia and repacks the powdered milk into three sizes of plastic packs bearing the name “NANNY.”  NANNY is is also classified under Class 6 — “full cream milk for adults in [sic] all ages.”  Dy, Jr. distributes and sells the powdered milk in Dumaguete, Negros Oriental, Cagayan de Oro, and parts of Mindanao.


Applying the dominancy test in the present case, the Court finds that "NANNY" is confusingly similar to "NAN.""NAN" is the prevalent feature of Nestle's line of infant powdered milk products. It is written in bold letters and used in all products. The line consists of PRE-NAN, NAN-H.A., NAN-1, and NAN-2. Clearly, "NANNY" contains the prevalent feature "NAN." The first three letters of "NANNY" are exactly the same as the letters of "NAN." When "NAN" and "NANNY" are pronounced, the  aural effect is confusingly similar.
NANNY and NAN have the same classification, descriptive properties and physical attributes.  Both are classified under Class 6, both are milk products, and both are in powder form.  Also, NANNY and NAN are displayed in the same section of stores — the milk section.

The Court agrees with the lower courts that there are differences between NAN and NANNY: (1) NAN is intended for infants while NANNY is intended for children past their infancy and for adults; and (2) NAN is more expensive than NANNY.  However, as the registered owner of the “NAN” mark, Nestle should be free to use its mark on similar products, in different segments of the market, and at different price levels.   

The scope of protection afforded to registered trademark owners is not limited to protection from infringers with identical goods. The scope of protection extends to protection from infringers with related goods, and to market areas that are the normal expansion of business of the registered trademark owners.

Friday, March 18, 2011

Can Bar exams measure law school's performance?

     "Magaling ka sa essay, pero hindi masyado sa multiple choice. No worries people, in practice it's never simply "multiple choice." This a shoutout which caught my attention from the "You Know You Are From UP Law If..." group in response to the fact that no UP Law takers landed in the top ten of the 2011 Bar exams.

  For the November 2011 Bar Examinations, the Supreme Court said A total of 1,913 or 31.95 % out of the 5,987 examinees who completed taking the 2011 Bar Examinations passed the first predominant multiple choice question-type tests in the Bar’s 110-year history. Court Administrator Jose Midas P. Marquez, Chief of the SC Public Information Office said the number is the “second highest rate" The topnotchers of the 2011 Bar exams are

1. ATADERO, RAOUL ANGELO D. [ATENEO DE MLA] 85.536%
2. BOLONG, LUZ DANIELLE O. [ATENEO DE MLA] 84.556%
3. RAFAL-ROBLE, CHERRY LIEZ O. [ ARELLANO UNIVERSITY] 84.455%
4. BANAGA, ROSEMIL R. [NOTRE DAME UNIVERSITY] 84.122%
5. GONZALES, CHRISTIAN LOUIE C. [UNIVERSITY OF STO. TOMAS] 84.093%
6. BANDAL, IVAN M. [SILLIMAN UNIVERSITY] 84.090%
7. ACOSTA, EIREENE XINA M. [SAN BEDA COLLEGE] 84.066%
8. QUA, IRENE MARIE P. [ATENEO DE MLA] 84.057%
9. LACEDA, ELAINE MARIE G. [FAR EASTERN UNIVERSITY - DLSU] 84.040%
10. AQUINO, RODOLFO Q. [SAN BEDA COLLEGE] 83.727%

The examinations were held in the 4 Sundays of November at the University of Sto. Tomas.  With the introduction of MCQ (multiple choice questions), which cover 60% of the exams. The examinees took the following subjects during the examinations:
First day: Political and International Law, and Labor and Social Legislation and Taxation
Second day: Civil Law and Mercantile Law
Third day: Remedial Law, and Legal Ethics and Forms and Criminal Law
Fourth day: Trial Memorandum and Legal Opinion.
     
Associate Justice Roberto Abad is the Chairman of the 2011 Bar Exams. The Supreme Court stated that the MCQ exams should be able to assess the following skills: knowledge and recall; comprehension and understanding; and analysis and application.

Some of the reactions from UP Law Alumni include the following:
- The Second Great Debacle of the UP College of Law. The first one was in 1984 where none made it to the top 10 either - the same batch that produced Justice Sereno and Popo Lotilla, if am not mistaken. Crunch time for the incoming batches....
- In fairness to Class 2010, this should not be labelled as a disaster. Their batch (first timers) had a passing rate of 93%. Overall passing rate for UP was 89% (see Cynthia Laureta's separate post). There were years when UP's passing rate dipped to the 70s. 
- We always have this chill attitude about the Bar. Sour graping isn't our bag of chips. Congratulations to the schools that produced the topnotchers! Pero next time, kami naman. :)
-sa mga nag-co-comment sa akin na walang UP law sa top ang sagot ko ay, "hindi kami sanay sa ganyang exam na memorization lang" :) 
- nonetheless let us not rest on our laurels and instead look upon this  as a clarion call for our college and its alumni to all contribute to assure the ocuntry that the best law school in the Philippines still produces great lawyers as they still teach law in the grand manner!
       The 2010 exams at the De La Salle University in Taft Avenue, Manila were marred by a bomb blast that hurt 24 people on the final day. The exams were previously held on four Sundays of September. For 2011, the schedule has been moved to November at  at the University of Sto. Tomas.

The first Bar exams were held in 1901, with only 13 examinees

Bar topnotchers are bar examinees who garnered the highest bar exam grades in a particular year. Every year, the Supreme Court releases the bar top ten list. The list contains the names of bar examinees who obtained the ten highest grades. It is possible for more than ten examinees to place in the top ten because numerical ties in the computation of grades usually occur.




From 1913 to 2012, schools which have produced bar topnotchers (1st placers) are as follows:

In the Philippine Bar's recorded history, the highest grade first recorded was the 92% garnered in 1913 by Manuel A. Roxas of the UP College of Law. The lowest grade was obtained by Ateneo Law School's Mercedita L. Ona, 83.55% in  2008,

Law school passing rates 

Law schools with the highest bar passing rates from 1996 to 2005 include:

Schools with more than 30 examinees:
Schools with 30 or less examinees:

In my blog posting "Notes on the Bar Exams, i said that taking the bar exams is an experience that will help a person grow but one that I do not want to undergo again. The discipline in terms of time management and patience is crucial during the review period. The barrister should be able to devise his own schedule to suit his study habits.

I am lucky that I was able to pass the exam during my first attempt. And I proved something to myself that I could do something that is really hard to accomplish. I finished law at UP College of Law in Diliman as a working student. I write for TODAY as one of their regular reporter covering a wide range of topics such as environment, human rights, politics, peace process, agriculture, agrarian reform and many more. Take note: my daily schedule is writing in the morning and the afternoon before going to UP to attend my classes in the evening. Then I go home where I read the assignments for the following day during the almost two hours trip of the bus going to Las Pinas. In between my work and classes, I still go hiking with my friends called the Squakings.

     There is what we call as “karma” that prompts each law student to participate in the annual Bar-ops. He must at least help in one way or another in the bar-ops so that when it is his turn to take the bar, he will expect that there will be somebody, particularly those in the lower years, who will also help him. Karma points could be earned by assisting the barrister in his needs such as digests, reviewers, permits from the Supreme Court and other technicalities that would consume some of his precious time .

Former UP Law  Dean Marvic Leonen said  his Facebook status on the 2010 Bar results:  " For all UP Law Bar Candidates: Congratulations to those of you who passed. Celebrate but with humility and gratitude. For those who did not make it: relax, take stock, accept your losses and grieve if you must. Know that your failures are also mine. But all of you should remember that the bar is not a measure of you. Recover immediately from you glories and your failures. We will support you in all your endeavors."


The challenge remains on how to keep UP the great law school as it was envisioned in Justice Holme's  immortal words engraved at the institution's Malcolm Hall lobby: 

THE BUSINESS OF A LAW SCHOOL IS NOT SUFFICIENTLY DESCRIBED WHEN YOU MERELY SAY THAT IT IS TO TEACH LAW OR TO MAKE LAWYERS IT IS TO TEACH LAW IN THE GRAND MANNER, AND TO MAKE GREAT LAWYERS.

Below is a listing of all 98 first-placers (from 1913 to 2010) ranked from highest to lowest in terms of rating obtained. It should be noted however that bar ratings are not exactly comparable from year-to-year as the difficulty of the exams varies through the years.
Rank Year Name School Rating
1st 1954 Florenz D. Regalado San Beda College 96.700
2nd 1949 Anacleto C. Mañgaser Philippine Law School 95.850
3rd 1948 Manuel G. Montecillo Far Eastern University 95.500
4th (tie) 1944 Jose W. Diokno Special (University of Santo Tomas) 95.300
4th (tie) 1944 Jovito R. Salonga University of the Philippines 95.300
6th 1940 Claudio Teehankee Ateneo de Manila University 94.350
7th 1952 Pedro Samson C. Animas University of the Philippines 94.250
8th 1953 Leonardo A. Amores University of Manila 94.050
9th 1947 Ameurfina A. Melencio-Herrera University of the Philippines 93.850
10th 2001 Rodolfo Ma. A. Ponferrada University of the Philippines 93.800
11th (tie) 1914 Manuel C. Goyena University of the Philippines 93.000
11th (tie) 1916 Paulino Gullas University of the Philippines 93.000
11th (tie) 1932 Hermenegildo Atienza University of the Philippines 93.000
14th 2002 Arlene M. Maneja University of Santo Tomas 92.900
15th 1984 Richard M. Chiu Ateneo de Manila University 92.850
16th 1937 Cecilia Muñoz-Palma University of the Philippines 92.600
17th 1929 Lorenzo S. Sumulong University of the Philippines 92.500
18th 1978 Cosme D. Rosell University of the Philippines 92.475
19th 1933 Lope C. Quimbo University of Manila 92.450
20th 1971 Henry R. Villarica University of the Philippines 92.400
21st 1939 Ferdinand E. Marcos University of the Philippines 92.350
22nd (tie) 1951 Vicente R. Acsay University of Manila 92.250
22nd (tie) Aug-1946 Gregoria T. Cruz University of the Philippines 92.250
24th 1950 Carolina C. Griño Special (Colegio de San Agustin,University of the Philippines) 92.050
25th (tie) 1913 Manuel A. Roxas University of the Philippines 92.000
25th (tie) 1917 Felipe Ysmael University of the Philippines 92.000
27th (tie) 1977 Virgilio B. Gesmundo Ateneo de Manila University 91.800
27th (tie) 1998 Janet B. Abuel Baguio Colleges Foundation 91.800
29th (tie) 1934 Miguel Aragon University of the Philippines 91.700
29th (tie) 1960 Ismael Andres Manuel L. Quezon University 91.700
29th (tie) Nov-1946 Pedro L. Yap University of the Philippines 91.700
32nd 1974 Arturo D. Brion Ateneo de Manila College 91.650
33rd (tie) 1979 Gregorio M. Batiller Jr. Ateneo de Manila University 91.400
33rd (tie) 1983 Manuel Antonio J. Teehankee Ateneo de Manila University 91.400
35th 1938 Emmanuel N. Pelaez University of Manila 91.300
36th 1995 Leonor Y. Dicdican University of the Philippines 91.200
37th 1925 Rafael Dinglasan University of the Philippines 91.100
38th (tie) 1961 Avelino V. Cruz San Beda College 90.950
38th (tie) 1981 Irene Ragodon-Guevarra Ateneo de Manila University 90.950
38th (tie) 1982 Ray C. Espinosa Ateneo de Manila University 90.950
41st 1923 Roque V. Desquitado University of the Philippines 90.900
42nd (tie) 1962 Deogracias G. Eufemio University of the Philippines 90.800
42nd (tie) 1976 Enrique Y. Teehankee University of the Philippines 90.800
44th (tie) 1966 Roberto V. San Jose University of the Philippines 90.600
44th (tie) 1996 Patricia Ann T. Prodigalidad University of the Philippines 90.600
44th (tie) 2000 Eliseo M. Zuñiga Jr. University of the Philippines 90.600
47th 1955 Tomas P. Matic Jr. Far Eastern University 90.550
48th (tie) 1928 Filomeno B. Pascual Philippine Law School 90.300
48th (tie) 1973 Vicente R. Solis Ateneo de Manila University 90.300
50th (tie) 1941 Emmet P.D. Shea University of the Philippines 90.200
50th (tie) 1956 Francisco C. Catral San Beda College 90.200
52nd 1997 Ma. Cecilia H. Fernandez University of the Philippines 90.025
53rd 1915 Francisco Villanueva Jr. University of the Philippines 90.000
54th 1991 Joseph P. San Pedro Ateneo de Manila University 89.950
55th (tie) 1936 Diosdado P. Macapagal University of Santo Tomas 89.850
55th (tie) 1990 Aquilino L. Pimentel III University of the Philippines 89.850
57th 1965 Victor S. Dela Serna San Beda College 89.800
58th 1980 Rafael R. Lagos University of the Philippines 89.750
59th 1934 Marciano P. Catral Philippine Law School 89.700
60th 1967 Rodolfo D. Robles San Beda College 89.600
61st (tie) 1930 Tecla San Andres University of the Philippines 89.400
61st (tie) 1931 Jose Leuterio University of the Philippines 89.400
61st (tie) 1985 Janette Susan L. Peña University of the Philippines 89.400
64th 1958 Manuel G. Abello University of the Philippines 89.250
65th (tie) 1959 Agustin O. Benitez Far Eastern University 89.200
65th (tie) 1994 Francisco Noel R. Fernandez University of the Philippines 89.200
67th 1957 Gregorio R. Castillo University of the Philippines 89.150
68th (tie) 1921 Pablo Payawal University of the Philippines 89.100
68th (tie) 1922 Amado L. Velilla University of the Philippines 89.100
68th (tie) 1924 Roberto B. Concepcion University of Santo Tomas 89.100
71st 2010 Cesareo Antonio S. Singzon Jr. Ateneo de Manila University 89.000
72nd 1986 Laurence L. Go Ateneo de Manila University 88.600
73rd 1987 Mario P. Victoriano Ateneo de Manila University 88.550
74th 2003 Aeneas Eli S. Diaz Ateneo de Manila University 88.530
75th (tie) 1999 Edwin R. Enrile Ateneo de Manila University 88.500
75th (tie) 1999 Florin T. Hilbay University of the Philippines 88.500
77th 1964 Jesus P. Castelo San Beda College 88.400
78th 1993 Anna Leah Fidelis T. Castañeda Ateneo de Manila University 88.325
79th 1988 Maria Yvette O. Navarro University of the Philippines 88.120
80th 1926 Eugeniano Perez Philippine Law School 88.100
81st 1927 Cesar Kintanar University of the Philippines 87.700
82nd 2006 Noel Neil Q. Malimban University of the Cordilleras 87.600
83rd 1970 Romulo D. San Juan Far Eastern University[26] 87.500
84th (tie) 1968 Oscar B. Glovasa Divine World College of Tagbilaran 87.450
84th (tie) 2004 January A. Sanchez University of the Philippines 87.450
86th 1969 Ronaldo B. Zamora University of the Philippines 87.300
87th 2005 Joan de Venecia University of the Philippines 87.200
88th 1972 Januario B. Soller Jr. Ateneo de Manila University 87.130
89th (tie) 1918 Alejo Labrador University of the Philippines 87.000
89th (tie) 1919 Gregorio Anonas Philippine Law School 87.000
89th (tie) 1992 Jayme A. Sy Jr. Ateneo de Manila University 87.000
92nd 1975 Nicanor B. Padilla Jr. University of the East 86.700
93rd 1963 Cornelio C. Gison Ateneo de Manila University 86.350
94th 1989 Gilberto C. Teodoro, Jr. University of the Philippines 86.185
95th 2008 Judy A. Lardizabal San Sebastian College 85.700
96th 2009 Reinier Paul R. Yebra San Beda College 84.800
97th 1920 Adolfo Brillantes Escuela de Derecho 84.100
98th 2007 Mercedita L. Ona Ateneo de Manila University 83.550

Sources: Wikipedia (sana tama ang data heheheeh)