Legal Philosophy: Should laws be made or found?

There are two conventional kinds of law: the natural law and the statutory law. Natural law, obviously, should be found because the nature mandates that law and not the human race. It is alleged to be the “Law of God” or divine law. The statutory law is the laws that are enacted by the legislative branch of the government and, obviously, it is made. It can be declaring, commanding or prohibiting something. Aside from the two conventional types of law, there is what we call the common law or case law. The common law is usually not written in codes such as the Civil Code and Revised Penal Code. It usually came from the customs and traditions of the people. The case laws (e.g. David vs. Arroyo) are those cases that are resolved by the Supreme Court. The doctrines from the cases resolved become part of the law of the land. That also resolves the ambiguous words of the statutes.

Many legal philosophers focused on the Division of Classes (Greek), Social Contract (Hobbes, Locke, and Rousseau), General Will (Kant), and Division of Powers (Montesquieu). Those legal structures are based on the societal situations of their respective eras. They found solutions on the problems of their respective societies then made, construct and proposed theories.

Many of the statutory laws are derived from natural laws. It is natural in all cultures that killing people is not proper therefore the laws on crimes against person are made. Natural law is the basis of the statutory law and natural law should be found. Therefore laws should be both found and made. The cycle does not end there. Case laws are still on way that finds ambiguity on the made statutory laws and clarify them. Therefore, even if the law is already made, we should still find some solutions to the legal problem. One example is the voting system of Philippine congress on the constitutional convention. Section 3 Article XVII of the 1987 constitution reads:

“The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.”

It is clearly written that the Congress’ 2/3 vote is needed but let us bear in mind that we have two houses of congress, the Senate and the House of Representatives. The constitution did not provide if they will vote jointly or separately. If they vote jointly, the Senate will be outnumbered by the House of Representatives. The Supreme Court should resolve that legal issue even if it is already written and made.

Top 10 "Alanganin" na TV Commercials

This is just for fun. No hard feelings. :)


Number 10:

The Manny Villar Commercial

"Ang Lumaki sa Hirap, Tumutulong sa Mahihirap."

I admit that helping OFW is good but why does he need to spend a lot of money just to show off that he is helping those OFW?


Number 9:

The Tang Commercial

"Tubig Pasahayshin, TANGgaling!"

I wonder how a small sachet of Tang could fill the whole water system. Eh di walang lasa yun! hahaha.


Number 8:

Milo Sports Clinic Commercial

Bakit hindi naka-green si Chris Tiu? Eh Green ung color ng uniform ng Milo Sports Clinic... lolz :)


Number 7:

The Smart Commercial

"We're Helping Sports."

What's the connection?


Number 6:

The Makati Commercial

"Ganito kami sa Makati."

Makati is a good city. I'm just hoping that Binay's programs are feasible in the whole Philippines. Hope lang... hahahaha


Number 5:

The NDCC Commercial, Teves and PAGCOR

The commercial that warns the people on disaster is good but the face of the Secretary is not necessary in the commercial.
May buhat pa siyang bata! hahaha

The government programs that they show is good but showing their face with Manny Paquiao is questionable.


Number 4:

Senator Lacson's Anti-corruption Commercial

Anti-corruption? Words comming from a present senator promoting anti-corruption?
Natawa na lang ako!!! hahaha


Number 3:

Mar Roxas' Pedicab Driving

"Itabi mo... ako na."

I can slightly forgive other politicians' commercials... at least, they show some sort of advocacy. How about pedicab driving? It's a pure showing off! hahaha


Number 2:

The Tide Commercial

"Isa higit sa dalawa."

I think, it should be 1X > 2Y and not 1 > 2. That's all!!!


Number 1:

The LBC Commercial

"Spell Remittance... Capital LBC!!!"

WTH!!! OMFG!!!

Napa-iling na lang ako... Tsk Tsk Tsk...


*It's up to you if you will still believe on those advertisements. Happy watching. :)

Loveless (Crisis Core)

    Prologue:
             When the war of the beasts brings about the world's end
             The goddess descends from the sky
             Wings of light and dark spread afar
             She guides us to bliss, her gift everlasting.

    Act I:
             Infinite in mystery is the gift of the goddess
             We seek it thus, and take to the sky
             Ripples form on the water's surface
             The wandering soul knows no rest.

    Act II:
             There is no hate, only joy
             For you are beloved by the goddess
             Hero of the dawn, Healer of worlds.

                Dreams of the morrow hath the shattered soul
             Pride is lost
             Wings stripped away, the end is nigh.

    Act III:
             My friend, do you fly away now?
             To a world that abhors you and I?
             All that awaits you is a somber morrow
             No matter where the winds may blow.

                My friend, your desire
             Is the bringer of life, the gift of the goddess.

     Act IV:
             My friend, the fates are cruel
             There are no dreams, no honor remains
             The arrow has left the bow of the goddess.

                My soul, corrupted by vengeance
             Hath endured torment, to find the end of the journey
             In my own salvation
             And your eternal slumber.

             Legend shall speak
             Of sacrifice at world's end
             The wind sails over the water's surface
             Quietly, but surely.

     Act V:
             Even if the morrow is barren of promises
             Nothing shall forestall my return.
             To become the dew that quenches the land
             To spare the seas, the skies
             I offer thee this silent sacrifice.

My Essential Gadgets (Blog Format)

With this modern age, gadgets make our life easier and comfortable.
Here are the gadgets which are very useful and important to me. :)




1. Ipod Nano - My music player. Its 8-gigabyte capacity fit all the music I want.

2. Canon Digicam - I love taking pictures and I always bring my cam anywhere when there are events.

3. Nintendo DS - A hand held video game with dual screen (touch screen on the buttom). The graphics is not like of the PSP but it has many interactive games like Rhythm Heaven, Classic Games like Super Mario and Pokemon.

4. PSP - It's a very famous portable game console to all Filipinos. Its games have good graphics but the controls are conventional unlike the interactive DS. My most favorite in this system is the Dissidia: Final Fantasy. It can also run retro games of Gameboy and Super Nintendo using the Emulators.

5. 600 GB external hard drive - This is very useful to me because I love downloading music and movies which occupies a large space on my laptop. I also store my DS and PSP games on it.

6. Toshiba laptop - It is the heart of all may gadgets. Without it and the internet connection, all my gadgets are useless because I use it to download music and games and upload my pictures. I can also get a vast information with this using the internet like current events, new games, anime and many more. I can also contact my friends through YM and other networking sites like Facebook and Multiply.

7. Nokia 6300 - With all this gadgets mentioned, who needs a very high tech phone? The only purpose of my phone is to send and receive a text messages and call.

Album Format: http://master386.multiply.com/photos/album/177/My_Essential_Gadgets

END and CHANGE.

There are only two entities that neither CHANGE nor END and those two are the ideas of CHANGE and END.

END does not CHANGE nor END.

CHANGE does not END nor CHANGE.

Everything CHANGES and ENDS.

Life CHANGES and ENDS.

Love CHANGES and ENDS.

Friendship CHANGES and ENDS.

A period, a condition or an era CHANGES and ENDS.

But an END or CHANGE of something means a new start of something else. The overlapping of END and the new start which is supposed to be ended by the former is very difficult. It is called hang over and the failure of moving on. The new start will not be efficient if the supposed END is not yet ended. I experienced many overlapping wherein I surpassed many but trying to work on others. It's really difficult because of the many past attachments that is a vast unnecessary baggage.

The best way to do which I'm thinking about for the last few months is to accept the END and embrace the new start. Refrain from overlapping because CHANGE is inevitable which is out of our control.

My Video Game Line up this Summer :)

At Last! Summer Vacation and a two months continuous break from law school!!
Therefore, it's gaming time for me!!!

Here are my line up of games for the summer:

For Sony PSP:

1. Resistance Retribution
2. Valkyrie Profile
3. Star Ocean 1
4. Star Ocean 2
5. Chrono Cross (PSX)

For Nintendo DS

1. Chrono Trigger
2. Valkyrie Profile: Covenant of the Plume
3. The World Ends with You
4. Suikoden Tierkreis
5. Ninja Gaiden
6. Grand Theft Auto China Town
7. Pokemon Diamond/Pearl
8. Pokemon Platinum
9. Final Fantasy IV

Just an advice for other law students...
Don't think of law school when it's summer vacation otherwise, you'll not be able to enjoy it because you're thinking of the exam results and final grade. :)

That's all and Happy Vacation to Everyone ^_^

Renouncing my interest to Politics

From this day on, I announce that I renounce my interest on the field of Politics due to the obvious indecency and immorality of the same.

In these days, in most of the cases, the major purpose of politics is not anymore for public service but for fame and power. Even if I have a degree in Political Science but I see politics in the Philippines not anymore a field of decency and integrity, I'm withdrawing my dreams to be involved and work for politicians sapagkat sobrang nakakawalang gana na.

Anything that I studied in my undergrad courses are just mere theories and infeasible studies that is not anymore effective in our society considering the behavior of most of the Philippine politicians. I really have a big dream for these country but I think that I should find another way other than the political path because it's a very hopeless path.

Even if I don't adhere to any religious affiliations, I am a man of law and justice. In my earlier years, I believe that politics is the partner and can go hand in hand with justice but now, I feel the other way concluding that POLITICS (not the field of political science per se) IS THE ENEMY OF LAW.

As I along with my fellow law students observe, the politicians are the number 1 violators of law. They are the one making laws but they often don't follow the same. They even make laws that is advantageous to them.

One example is a certain senator who is also a graduate of the said most prestigious law school (of course, it's not UST) who sends to jail (for contempt and disobedience) a witness who is alleged to be lying. In the first place, lying is not a ground for contempt in senate proceedings for the Revised Penal Code enumerates the grounds:

1) if the witness is summoned and the same disobeyed
2) if the witness rejects to be sworn or be in solemn affirmation
3) if the witness REJECTS TO ANSWER LEGAL QUESTION
4) if a person prevents the witness to be summoned
5) if a person incite the witness to disobey the summon

Lying is not enumerated in the crime and we have a principle in criminal law which says expressio unius est exclusio alterius (what is not included shall be excluded). The witness answered the question and the law does not distinguish if the answer is truth or not; the witness will just violate the law if he refuses to answer the question. Another point is that only the courts has given the power to determine if a person is lying or not and absolutely, SENATE IS NOT A COURT.

That means that the detention of that witness has no legal ground and therefore, that senator should be charged for arbitrary detention. The problem is that a legislator is immune of charge if the penalty is lower than six years. Arbitrary detention has a penalty less than six years so the senator is safe and that is a clear manifestation of abuse of power. The main purpose of these senator is not public service but gaining publicity to acquire more fame and power. Many politicians are doing this due the fast approaching of the 2010 election and not very known to the public the that these politicians violates the law.

That example is just one of the vast instances of the politicians violating the law and other example may be found on my previous blog entries. The same is also true to the executive department (not just the legislative and the oppositions) of the government which everyone (I hope) already knows and understands.

I'm really tired of these things!