Juris Doctor or Bachelor of Laws (LLB)?

The College first conferred the Juris Doctor (J.D.) on its April 2008 graduates, after a change in degree title was approved by the U.P. administration the previous year. Like the majority of law schools in the country, U.P. used to provide the Bachelor of Laws (LL.B.), a standard four-year law program covering all subjects in the bar exams, until the change to J.D. was made in order to more accurately reflect the U.P. law program being a "professional as well as a post baccalaureate degree."

Juris Doctor  is a professional doctorate and first professional graduate degree in law. The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree (such as the Dottore in Giurisprudenza in Italy and the Juris Utriusque Doctor in Germany and Central Europe). Originating from the 19th century Harvard movement for the scientific study of law, it is a law degree that in some common law jurisdictions has a goal of being the primary professional preparation for lawyers. It is a three year program in most jurisdictions

In the Philippines, the J.D. exists alongside the more common LL.B. Like the standard LL.B, it requires four years of study, is considered as a graduate degree and requires prior undergraduate study as a prerequisite for admission, and covers the core subjects required for the bar examinations. However, the J.D. requires students to finish the core bar subjects in just 2½ years; take elective courses (such as legal theory, philosophy, and sometimes even theology); undergo an apprenticeship; and write and defend a thesis.Notwithstanding these differences, both the J.D. and the LL.B. are considered the equivalent of a master's degree by the Philippines' Commission on Higher Education.

The degree was first conferred in the Philippines by the Ateneo de Manila Law School, which first developed the model program later adopted by most schools now offering the J.D.. After the Ateneo, schools such as the University of Batangas College of Law began offering the J.D., with schools such as the Far Eastern University Institute of Law offering a joint degree program leading to a J.D. and an MBA.In 2008, the University of the Philippines College of Law began conferring the J.D. on its graduates, the school choosing rename its LL.B. program into a J.D. because to accurately reflect the nature of education the university provides as "nomenclature does not accurately reflect the fact that the LL.B. is a professional as well as a post baccalaureate degree.In 2009, the Pamantasan ng Lungsod ng Maynila (PLM) and the Silliman University College of Law also shifted their respective LL.B Programs to Juris Doctor -applying the change to incoming freshmen students for School Year 2009–2010. The newly established De La Salle University College of Law will likewise offer the J.D., although it will offer the program using a trimestral calendar, unlike the model curriculum that uses a semestral calendar.

In 1987, when the Ateneo Law School made its initial application with the DECS for the adoption of the J.D. curriculum, then Dean Eduardo de los Angeles described the program in the following language:

"The J.D. Curriculum is a rigid and enriched law curriculum which responds to the current needs of the legal profession and the changing conditions of our society. Presently, the study of law does not expose students to the practical aspects of law. It does not supplement Bar subjects with the study of related special laws or rules and regulations of administrative agencies. It does not compel students to undertake extensive research which is necessary in the handling of cases. It does not motivate students to reach out and help the less fortunate members of society.

The J.D. Curriculum addresses these problems. It compels the students to finish all the core or Bar subjects within 2-1/2 years. Thereafter, varied elective subjects are offered to complement the student’s knowledge of the law, and if he desires, to specialize in a certain field of law . . . The elective subjects will provide some degree of specialization and prepare a law student to actual practice. . . .
Through subjects like human rights, consumer protection and environmental law, the students are immersed in the problems of indigents, the oppressed and society. These subjects will enable the students to realize the gravity of the problems and make them commit to help the less fortunate in our society.

The J.D. Curriculum has 81 units of core subjects, 48 units of elective, 19 units of perspective subjects and 12 units of practicum and research. It is well- balanced and, as shown by the catalogue, meets the DECS requirement of at least 155 units. By sheer load, it is a difficult course, but the school is confident that it can produce more competent, committed and principled lawyers to better serve clients and the country."

Whatever they may call the degree bestowed upon the law graduate, the most important thing is if he be a GOOD LAWYER, borrowing from the words immortalized in the UP LAW 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. -HOLMES"

Simplifying the path to annulment

 For couples desperate to find a way out of their troubled marriages, annulment is a trying and tedious legal process. Aside from being weighed down by the difficulty of proving the psychological incapacity of either spouse, they also have to incur many expenses: the cost of litigation, filing fees, and even the professional fees of psychologists and psychiatrists.

House Bill 3952, "An Act Recognizing Spousal Violence, Infidelity and Abandonment as Presumptive Psychological Incapacity Constituting a Ground for the Annulment of Marriage", hopes to make annulment more accessible even to poor couples.

Bayan Muna Representative Neri Colmenares, who authored the measure, said HB 3952, which seeks to simplify the annulment process, offers couples an easier and less expensive way out.

Under HB 3952, infidelity, abandonment or spousal violence are presumed indications of psychological incapacity. In effect, psychological incapacity would be easier to prove, and the annulment process would take less time and money to complete.

"Pag na-prove mo na may violence or infidelity, may presumption agad na that is equated to psychological incapacity which should result in the nullification of the marriage," Colmenares said in an interview on "The Rundown" on Tuesday.

Under the measure, Colmenares said, adding the presumption of psychological incapacity under Article 36 would reduce the length of the proceedings, and cut expenses like professional fees for psychiatrists or psychologists.

Is divorce the better option?

But Atty. Evalyn Ursua disagrees.

"Sabihin natin may presumption 'yung batas. Pwede i-dispute by presenting contrary evidence," Ursua said during the same interview.

While the objective of the bill is laudable, Ursua, an advocate of women's and children's rights, said presumption, which would remove the need for psychiatrists, would not necessarily solve the problem of cost or accessibility as the legal process itself could be long-drawn. She said such changes won't matter much as the bill will not change the legal standards set by the Supreme Court.

"Problema ko sa bill mismo, hindi niya binabago 'yung legal standards na si-net ng Supreme Court. Nagke-create siya ng presumption na 'pag ito napatunayan mo, any of the three (conditions), psychological incapacity 'yun. But we have to remember, disputable presumption iyon," she said.

Ursua explained that the high court currently requires 3 things: antecedence (which states that incapacity existed before the marriage), seriousness, and incurability (which is often supported by expert testimony).

In light of such deficiencies in the measure, Ursua added that the annulment process could be shortened by improving the bill, beginning with defining psychological incapacity, changing existing legal standards, and adding consistent refusal rather than mere incapacity as a condition.

"We can define psychological incapacity to do away clearly with the requirement of psychiatric of psychological evidence and change the standards of SC. Say you have to prove inability to perform the marital obligations, not refusal.

"Other legislators might object to this and say this might be worse than a straightforward divorce law kasi parang nagpre-present na psychological incapacity pero mas mababa hinihingi niya. Ang sinasabi namin, 'wag na tayo maglokohan," she said.

Calling Article 36 a "pseudo-divorce law" because of the intellectual dishonesty involved, Ursua said divorce--which is not allowed in the Philippines--may be the better legal option.

"I think there should be a divorce law. I'm for a law that says we can terminate a marriage. Let's not hide behind psychological incapacity.

"If we run a survey, the Filipino people are ready for a divorce law and legislators should listen. This view that we shouldn't have a divorce law is an antiquated view and doesn't address realities," Ursua explained.

Ursua added that legal fees can be reduced to improve accessibility to annulment.

"I suggest we make legal representation more accessible through the Public Attorney's Office," Ursua said.

She added that the Integrated Bar of the Philippines is making rules on free legal assistance which may help address the issue of expensive legal processes.

Aside from Malta, the Philippines is among the last few countries left without a divorce law, according to Ursua.

Catholic church reacts

But instead of pushing for a measure that dissolves marriages, some church leaders say lawmakers may be better off supporting bills that would protect the family unit.

Lipa Archbishop Ramon Arguelles said in an interview on ABS-CBN's "Umagang Kay Ganda", "Ang problema dun sa pino-propose ni Congressman (Colmenares) at other bills similar to that ay [these are] leading to divorce. 'Yung sa bills ni Congressman, we are promoting na masira 'yung family. Why don't we create bills that will preserve the family?"

"They (married couples) should not cover a mistake by another mistake, na 'pag nagkamali, you have to live up to your mistake. Nag-asawa kayo, later on naging taksil. Sa Catholicism, we have to live rightly. 'Yun ang righteousness kaya try your best," he said.

Arguelles lamented how marriage has become trivial in countries like the United States which allow divorce, with separation rates rising from 10% in 1968 to 90% today.

(http://www.abs-cbnnews.com/lifestyle/01/19/11/simplifying-path-annulment)

Life begins at Forty...

(note: this article was written in December 2010 when i celebrated my 40th birthday)

"Life begins at forty." A popular saying that i have now to see for  myself as today, i now belong to said age group.

I always wondered what's the rationale for said phrase. Upon browsing the net, i learned that one's 40th birthday welcomes you into the beautiful "middle age." as eighty is known as the expected life expectancy of a person, generally speaking.  This age does not have the casual immaturity of the youth, nor does it have the constant dependency of old age. You can enjoy your 40th birthday in quiet reflection on the four decades of a beautiful life. It is the time for you to enjoy the little moments rather than focus on bigger events.

The number forty has many Old Testament Biblical references:

•the forty days and nights God sent rain in the great flood of Noah (Genesis 7:4);
•the forty days Moses spent on Mount Sinai with God (Exodus 24:18);
 

•the forty years the Hebrew people wandered in the desert while traveling to the Promised Land (Numbers 14:33);
•the forty days Jonah in his prophecy of judgment gave the city of Nineveh in which to repent (Jonah 3:4).
•the forty days and nights Elijah spent walking to Mount Horeb (1 Kings 19:8);
AND, Jesus retreated into the wilderness, where he fasted for forty days, and was tempted by the devil (Matthew 4:1-2, Mark 1:12-13, Luke 4:1-2).

So what are the significant events in my four decades of existence? Perhaps, this piece is a sort of biographical journey of where i am now. Just click the underscore to see the links of the blogs and pictures thereof.Come leap with me through time..

DECADE ONE: (1970 to 1980) THE GORECHO UKAY UKAY KIDS

 I was born December 21, 1970 to Ponching Gorecho and Linda Reyes, second in their five siblings. A Sagittarian under the Year of the Dog.  Mama said that among her children, she had the most difficult time in giving birth to me because i have a "big head."  Before i was to be baptized in January 16, 1971, they said  that my lolo wanted a pinoy name for me using the calendar, which he wanted to be PROCOPIO. Thank God lolo's suggestion was not granted by mama and papa or else i will have the nickname "PROCKY" . My Reyes clan seriously practiced the biblical saying "go and multiply" as we were 40 plus cousins. On the other hand, i attempted to make the family tree of the Gorecho clan as i usually tell people that i am proud of my Boholano roots. The Gorecho is a Galician surname meaning it was patterned from the inhabitants of Galicia , Spain .

We are  five kids, four boys  and one girl  .  Papa too had the same number of siblings: they are four boys in a row and the youngest was also a girl. I was the counterpart of Papa being the second to the eldest. People wonder why we have several stuff in our house which Papa did not want to dispose, especially the shoes. Papa justified this by saying that while he was growing up, he never had the luxury of owning new ones since both he and mama came from a family with very modest means. He tried to instill this in us such that long before ukay-ukay became famous, we were already wearing second hand clothes and shoes, sleeping on beds, sitting on chairs and sofas that papa bought from the secondhand shops in Bangkal. Seldom did we wear brand-new clothes, except maybe during Christmases when our Titas bought us clothing on an installment basis - one Tita would buy us pants while another took care of the shirts. Never mind the shoes, andyan naman ang Bangkal. We became the walking models for ukay-ukay.

DECADE TWO: (1981 to 1990) THE BAGETS NERD AND UP AKTIBISTA

 In 1984, I finished  primary school at Gen. Pio Del Pilar Elementary School as salutatorian. Four years later, I became the Valedictorian of  batch87 of TAKLA , the slang for Sta. Clara Parish School, which at that time  is known as the "only catholic school for boys" in Pasay. It was our growing up period, aptly depicted by the then BAGETS movie. In 2012, our batch will celebrate our 25th year silver anniversary, which will coincide with the 50th year of TAKLA.

Then from 1987 to 1991, i became one of the so-called "Iskolar ng Bayan" as  part of the UP Diliman studentry when i took BS. Economics.  Basically, I became attached to three main organizations , Economics Society or ECOSOC, Philippine Collegian or KULE, and SAMASA Alliance as well as the College Editors Guild of the Philippines or CEGP .My relatives and friends usually asked me "bakit ka ba naging aktibista". Perhaps my answer will be because UP is the perfect place to grow in all aspects, whether it be politically, socially, etc. Yes, I myself became part of UP Activisim movement. And i am proud that it made me a better person. Perhaps, members of the various generation of activism has their own way of reminiscing such so era."Iba nung panahon namin"...My passion for photography likewise developed.

DECADE THREE: (1991 to 2000): THE LAW STUDENT - JOURNALIST

I entered UP College of Law in 1992 and earned  my law degree in 1998. I shifted from the day class to the  evening class to be part of the  "working student" species of lawyers. I write for TODAY as one of their regular reporter as well as international news agencies like Reuters, AFP, AP, UPI and others 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 or SKWAKS

In August23, 1997 i was kidnapped  which i wrote in my piece "Face to Face with Crime"  “SIGE, tumakbo ka na ng mabilis at huwag kang lilingon at baka barilin pa kita (Run, Run fast and don’t turn back or I’ll shoot you).” The words could be apart of a movie script, but these were in fact words of my abductors . To me, words of freedom.

In April 1999, i am officially Atty. Dennis R. Gorecho, the lawyer,  after the Supreme Court posted the successful passers. I chronicled my experience in taking the 1998 bar exams in "Notes in Bar Exams."

In the same year. my elder  brother, my Kuya Welthy  or now Fr. Philip,  was ordained as priest.  Two of the Gorecho  sons entered the priesthood, the other the youngest son Melvin/ Beng or now called   Fr.Stephen. At first Mama could not accept the fact that two sons chose to serve the lord but later realized, according to Papa, that they gave up two sons but regained the whole religious order as their new sons and daughters. Tuwang-tuwa sya pag tinatawag sila na Papa and Mama Gorecho.The story has it that if there is one priest in the family, the whole clan is blessed up to the third generation. In our case, we not only had one but two brothers into priesthood who belong to the same order, Oblates of Allaince of Twin Hearts (OATH). In some instances, they celebrate latin mass. Indeed, our faith and their vocation guided us.

DECADE FOUR: (2000 to 2010): THE LAWYER AND THE FROG PRINCE

In 2001 started collecting frogs which were  featured several times in different TV programs such as Mel and Joey and SaPulso, thus earning me the several titles such as Frog Prince, Atty. Kokak and now Kapitan Kokak.Perhaps this froggy character is perfect for my penchant to travelling and taking of jump shots.

May 17, 2002, my mother died of lymphoma, three days after she celebrated her 61st birthday. One and a half year later, or on November 16, 2003, Papa followed after he died due to complications of diabetes. I wrote a piece called "Kamatis Love Story of Ponching and Linda" to immortalize their love to one another

In 2001 i joined the  law firm, Sapalo Velez Bundang Bulilan Law office  which is now on its 34th year with a battery of eighteen t lawyers : four partners plus seven in manila, three in iloilo, one in cebu, one in cagayan de oro and two in davao.. Hoping for a more prosperous 35th year in existence. 2011 is my tenth year in the office. I am now head of the seafarers' department wherein one of my focus is delivering paralegal lectures on seafarers' rights to the various stakeholders, the seafarers and their families as well as the maritime schools.  Ironically, even if our firm deals with intellectual property, i am an afficionado of Quiapo DVDs.

As Cicero said :  This wine is forty years old. It certainly doesn't show its age. (Latin: Hoc vinum Falernum fannorum quadragenta est. Bene aetatem fert.).

Notes on the BAR EXAM

Notes on the BAR EXAM
Dennis Gorecho
UP Law Batch 1998

Manila, Philippines — It w as 1:30 a.m. Tuesday.April 6, 1999. My friend Shiela sent a message via my beeper what could have been, so far., the best news in my life. It read: “Dennis, Congrats You are now officially Atty. Gorecho.” I just arrived from Boracay Monday (April 5) morning, and days before that I went hiking at Mt.Guiting Guiting in Sibuyan Island as part of my Holy Week vacation. I did not have any idea that the results will already be coming out. I only learned of it at around 5:30 pm. Monday from another friend. This same news would definitely be one for the record as I am among the 1, 465 lucky examinees of the 1998 Bar exams who passed. The Supreme Court said last year’s passing rate for new lawyers, who comprise some 39 % of the total examinees, is the highest for the past thirty years. The bar exams is considered one of the toughest and most difficult among the professional board exams, having one of the highest mortality rate. Passing is obviously not that easy, it would entail a series of factors.
I jokingly tell some of my friends that the kidnapping incident that I got involved with last August 23,1997, along with three other UP Law students has its price, that is, we survived that night because there is a reason: we have to pass the bar exam.
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.
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. There are those who prefer to study during the day but there are also some who find it better to study at night until the wee hours of the morning. It depends in one’s preference.
I might be wrong but what could be noticeable among many barristers is the fact that many are becoming religious. Although there are those who are really religious by nature, in my case, the bar exams definitely is one spiritual experience. It was only during the six months review period and the months that followed, which is the waiting period, that I learned how to pray the Novena to Our Lady of Manaog, and pray the rosary everyday on my way to UP. I travelled to Dagupan City to attend mass at Our Lady of Manaog church three times: one in April, one in February and one in March. Spending money and time just to attend a one hour mass is worth it. Don’t’ take devotion to Our Lady of Manaog for granted, it works! Hopefully the religiousity will not be coterminous with the bar exam period only!
Aside from my devotion to Our Lady of Manaoag, I am vocal about my belief in the power of one of the holy mountains in the Philippines, that is, Mount Banahaw. Before I begun my review, I went there along my friends from Squakings to ask divine guidance. When I took the exam, I made sure that the ballpens that I will use were brought there. Even the jacket that I wore during the exam period was the very same jacket that I had when I hiked upto the peak last year.Then I went back last January, when it was a blue moon, to again ask for divine intervention. Hiking for almost three days is not an easy matter, but the fatigue and stress does not matter when you are asking a favor. Some would say that I am too superstitious but I always tell them that we have a different perspective about things: I really consider Banahaw as a powerful mountain, whose energy I need to strengthen my faith in passing the bar. Prayers before taking the exam will work in easing the tension inside the room while waiting for the bell to ring to signal the beginning of the exam. In my case, , I broke the tip of my Pilot ballpen because of too much tension during my Political law exam. It good that I have extra five more Pilot ballpens with me.
Crucial during the review period and the exam proper is one’s support group. This could take in the form of the buddy systems institutionalized by the Centralized Bar Operations. Or it could be by groupings of friends. In my case, there are the Squakings, my outdoor group, and my former classmates who took the bar exams ahead of me and are now full pledged lawyers. The student council and Bar-Ops volunteers are of great help especially to those who do not belong to any fraternity or sorority.
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. During the exam proper,it would be staying overnight for the night operations where the “hot tips” are being prepared. In the morning, the main entrance to De La Salle University are filled with support groups and friends waiting to say good luck to the barristers. That could really boost the morale of the examinees. Some will bring our lunch during the 12-2 break. Some will bring us to the hotel, while others to La Salle while others will fetch us after the exam. This is the one thing that is unique in bar exams that is not present in other professional exams: the “fiesta atmosphere” especially during the morning of the first Sunday and the afternoon of the last Sunday.
One important and definitely a significant element in passing the exam is the master of the English language. Even if you know the answer but you have the difficulty in expressing yourself, it will not do you any good. You must know how to effectively communicate it to the examiner. They said that the best answers are written in a concise, brief but direct manner. That caused me to fear that I will flunk because I realized that my flare for writing came out since I answered not in very brief sentences, some of my answers , I presumed, are more of literary pieces rather than legal arguments. Nevertheless, the fear turned out to be more of fiction since I passed the bar. Add to that the penmanship. Yes, better improve that penmanship as early as possible because that will affect the mood of the examiner in checking.
With regards to reading materials, it is very important that the reviewee should stick as much as possible to one book only per subject What you have used during the first reading should also the same material you will use during your second reading. This is necessary to familiarize oneself with the markings and ideas covered by those markings and to avoid confusions due to conflicting annotations by different authors. Just believe in one source and this will help you gain confidence in your answer. Even if a new book is released at the middle of the review period, it is still better to go back to your first book. Those lines and markings and their location in the book will somewhat flash back when you are inside the examination room answering the questions.
One of the biggest problem that the examinee will encounter while studying is the feeling of sleepiness, dizziness or headaches. A simple therapy is to have small casette tape recorder at your side and listen to your favorite music such as the “Classical Music for People who Hate Classical Music “ a compilation of works by Vivaldi, Mozart and others. To wake you up, try hard rock or new wave. Or always have Kopiko, Coke, Chocolates, Biscuits and all sorts of junkfoods near you. Another method is to talk to your seatmates and tell stories about anything under the sun, I bet he also needs that same break!
As I said, time management is very essential. During the six months of review, my average reading hours is between eight to ten hours per day. I seldom watched TV or movies. For the record , this is my daily schedule:
6:15 a.m. Wake up
6:15-7:00 am. Prayers/writing exercises
7-8:30 a.m. morning rituals (breakfast, bath)
8:30-9 a.m. travel to UP
9-11:30 am READ!!!!
11:30-12:30 p.m. lunch
12:30-1:30 pm. Siesta
1:30-8:00 pm READ!!!
8-9:00 pm - dinner/travel back to boarding house
9-11:00 pm READ!!!
11:00 pm Sleep
On the other hand this is my weekly schedule:
Mon a.m. -travel to UP
Mon pm to Sat pm Study UP Law
Saturday night - Travel home to Las Pinas
Sunday am -light reading
12-1:30 pm. Lunch/TV
1:30-4 pm -siesta
5-7 pm gym
7-8 pm mass
8-10 pm dinner, TV, telebabad!!
It was only during the airing of Xfiles the series that I drop all my books to watch TV during Sundays at Channel 33 10:00 pm and Mondays 9:00 pm Channel 9. When it was shown in the big screen, I watched it during the first day. That is one of the three movies that I was able to see during the six month review period.
The bar exams are taken during the four Sundays of September. The exams are grouped into eight areas: political law, labor law, criminal law, commercial law, taxation, civil law, remedial law and legal ethics and forms.One has to gain an average of seventy five percent with no subject falling below fifty percent otherwise he will be disqualified.
There are many other anecdotes related to reviewing and taking the exam proper that will be definitely exciting to tell. And to the next batch of barristers, Good Luck and have fun!