As part of its efforts in attaining an organized and orderly election the Salonga Center for Law and Development and its volunteers and staff (Norman Herrera, Hannah Descallar, Zarah Dy and Andrea Alviola) in cooperation with Silliman Philippine Institute of Civil Engineers, SU History Political Science, Silliman Junior Business Executives and Alpha Phi Omega Service Fraternity/Sorority conducted a Voters’ Information Campaign through distribution of information materials last May 11 and 12, 2013.

Reading materials were distributed around Dumaguete city to inform voters’ of the basic do’s and don’ts during the Election Day.  Frequently asked questions such as how to find assigned precinct, bringing of identification card, over-voting, bringing of kodigo were addressed in the materials.

On May 13, volunteer law students and lawyers of the Center will be on standby at the Center from 9 in the morning until 6 in the evening to attend to legal issues referred by the Comelec, the PPCRV, the Diocesan Electoral Board, the Deped and the PNP.( By Hannah Percival Descallar)

The Center is delighted with this communication from the Philippine Army based in Leon Kilat. The 302nd Brigade has been our partner for 5 years now and we thank them for their trust in the Center’s capacity to train their military officers on pertinent laws applicable to their goal in preserving national security. Our experience at Camp Leon Kilat has been enriching, memorable and enjoyable. We cherish this partnership and wish that it will continue through the years. Congratulations to them on their 39th founding anniversary. The Center maintains its commitment to the goals for which it has been created.(Atty. Myrish Cadapan-Antonio, Director)

Different representatives from key agencies signed a covenant expressing commitment to protecting the integrity of the upcoming elections and jointly undertaking a workshop to validate electoral concerns.

The “Inter-Agency Covenant on the Conduct of Free, Credible, Honest, Orderly and Peaceful Elections in Negros Oriental” is a product of the initiative of the Dr. Jovito R. Salonga Center for Law and Development. It was signed on April 16 at the Justice Venancio D. Aldecoa Jr. Multipurpose Room/ Moot Court of the College of Law.

Some of the problems presented which was been raised in 2007 midterm election  when the first inter-agency was conduct  was harassment of the BEI’s, and legal cases filed against  the BEI’s .

Present were representatives of the Commission on Election (COMELEC), Philippine National Police (PNP), Armed Forces of the Philippines (AFP), Department of Education (DepEd), Municipal Treasurers Association, the Parish Pastoral Council for Responsible Voting (PPCRV) and the local tri-media.

A new feature of the inter-agency partnership is the proposed conduct of a verification workshop which the Center will head. This was a suggestion of Atty. Juvenal O. Tuale, OIC-Provincial Supervisor of COMELEC.

The objective of the verification workshop is to gather data of problems or alleged anomalies that would be encountered in the upcoming elections, validate their veracity, and work together in developing measures of preventing their recurrence.

Composition of the group in the said workshop, eyed to be held in June, will include key representatives from local government units and civil society. This is to ensure a more efficient system of addressing election-related concerns, both general and area-specific.

This is the 3rd time that the Salonga Center of the College of Law initiated a formal covenant. The first time was in 2007, done in preparation for the elections in that same year. The implementation this year is headed by Atty. Myrish Cadapan-Antonio, the Director of the Center. (report from Office of the Information and Publication, Silliman University)

Addressing one of the most controversial issues today, the Dr. Jovito R. Salonga Center for Law and Development conducted a forum on The Cybercrime Prevention Act of 2012  (RA 10175) last December 11, 2012 at the Justice Venancio D. Aldecoa, Jr. Moot Court/Multipurpose Room, Villareal Hall, Silliman University. No less than the Chair of the Office of Cybercrime of the Department of Justice, Assistant Secretary Hon. Geronimo L. Sy came to speak on the topic..

In his lecture, Assistant Secretary Sy clarified some of the most frequently asked questions about cybercrime in general and the law in particular, such a (1) data privacy (2) cybercrime and (3) cyber security. He maintained that their proposed version of the cybercrime law seeking to conform to the Budapest Cybercrime Convention was to address only the core cybercrime issues but the current version of the law passed by Congress contained many unnecessary provisions, including provisions on libel and child pornography, which he quipped were only inserted at the last minute.

The forum was well attended with students from Silliman University, Foundation University, Negros Oriental State University, St. Paul University-Dumaguete and the Asian College of Science and Technology attending. Members of the media were also in attendance: Mr. Ely Dejaresco of the Negros Chronicle and SkyCable. Dumaguete City Vice Mayor Alan Gel Cordova and Bais Mayor Karen Villanueva also graced the forum.

The forum intended to discuss Republic Act 10175 otherwise known as the Cybercrime Prevention Act of 2012 which was approved on September 12, 2012. It may be recalled that on October 9 2012 the Supreme Court issued a 120-day Temporary Restraining Order in light of a petition for certiorari to declare the law invalid. Oral arguments on the petition have been set on January 15, 2013. (contributor: Albert Jerome Babaylan-3^rd year law)

Responding to a request by the local Department of Interior and Local Government, the Dr. Jovito R. Salonga Center for Law and Development conducted one-day training for barangay secretaries and treasurers of San Jose, Negros Oriental last September 28, 2012

The training included lectures on their powers, basic accounting procedures, drafting a complaint and a review of minutes and agenda taking.  A workshop ended the one-day event. Speakers for the seminar include Atty. Shiela Lynn Catacutan-Besario, Atty. Ramon Antonio Ruperto, Ms. Gretel Kelly delos Santos and Atty. Jason Bandal.

According to the Salonga Center Director, the seminar is a kick-off activity on the ongoing partnership between the Center and the DILG Province. A Memorandum of Agreement to formalize the relationship is in the offing.

The seminar was spearheaded by the Training Committee of the Center composed of volunteers Katrina Can once, Zahra Marie Dee, Ciara Cui, Hannah Descallar, Gracelyn Bellingan and Jan Mark Baguio.

The UN Human Rights Council Experience

By: Elizabeth Karla P. Aguilan

Volunteer Lawyer, Dr.Jovito R. Salonga Center for Law and Development

 September 10-28, 2012 was the 21st Session of the United Nations Human Rights Council. I was honored to be a delegate of a Geneva-based training organization, the Geneva for Human Rights – Global Training (GHR) for the 3-week session. The GHR conducts training Courses with different Geneva-based NGOs with the objective of ensuring full and effective participation of human rights NGOs and defenders from the regions in the Council’s deliberations. This session’s Geneva Course was participated in by defenders from the Philippines, Nepal, India, Ethiopia and Columbia. My trip was sponsored by the United Evangelical Mission, a communion of churches in three continents (Asia, Africa and Europe), who work together with equal rights and on a partnership basis.

The 21^st Session began with messages from the UN Secretary General, Ban Ki-Moon and the High Commission for Human Rights, Navi Pillay. The Secretary General’s speech was a message of support to the Office of the High Commissioner for Human Rights stressing that “we must use all our tools to shine the light of human rights everywhere.” He concluded by saying that “by investing in human rights, you invest in the peaceful, prosperous, sustainable future we want.” Navi Pillay gave an update on the current human rights issues in some states and enumerated the challenges that continue to plague the world: “poverty, impunity, armed conflicts, refugee flows, discrimination, religious intolerance, arbitrary executions, and the impact of the pervasive economic and financial crisis.”

It was an amazing experience being inside the United Nations Office in Geneva. Walking along the halls with diplomats and listening to reports of the special rapporteurs and debates among states was truly extraordinary. It made me think beyond the Philippine system and acquaint myself with the different human rights issues in other states. It opened my eyes on the realities of human rights situations around the world and the difficulties experienced by organizations in trying to bring human rights issues to the world community. Not only is it difficult to have their voices heard by the States, but what makes it worse for these defenders are the dangers they face when they have to return to their home countries. Indeed, the pursuit of human rights for all is still a challenge. However, the aims of the UN Human Rights Council are noble. Change doesn’t happen in an instant.

The training was also coupled with daily morning classes conducted by Geneva for Human Rights. The lectures focused on UN human rights mechanisms and procedures: the presentation of the UN structure, the standard-setting, the special procedures, the treaty bodies and the HR Council and its mechanisms, in particular the Universal Periodic Review. These lectures have broadened my understanding of the world of diplomacy and have equipped me with practical skills that will help me contribute to the development of human rights in the Philippines.

Undoubtedly, there is a clear need to be aware of the importance of human rights. Human rights are necessary to have a peaceful and harmonious existence in this world. My three-week exposure was indeed an extraordinary journey; a challenging and fulfilling experience. I am now armed with a wider awareness of the world around me and as a volunteer lawyer for the Salonga Center, I am better prepared and determined to advance human rights through the Center with the goal of empowerment and human rights promotion.

Office of the City Legal Assistance Service (OCLAS) headed by Atty.  Sheila Lynn Catacutan-Besario, together with the College of Law and Salonga Center, organized a forum on the Reproductive Health Bill in the morning of September 27, 2012 at Justice Venancio Aldecoa Jr. Moot Court/ Multipurpose Hall of the College of Law in Villareal Hall, Silliman University.

Three guest speakers attended the forum: Usec. Barry Gutierrez of the Office of the Presidential Adviser on Political Affairs (OPAPA) and Hon. Walden Bello, AKBAYAN Party list Representative for the 15^th Congress for the Pro-RH bill stand and Atty. Marcelino Maxino, Faculty Fellow College of Law Silliman University for the Anti- RH Bill side.

Both parties presented their stands about the Reproductive Health Bill. The first speaker, Usec. Barry Gutierrez clarified that RH Bill is not about abortion, contraception and population control. In fact, it is about information dissemination, which provides health care that allows a choice for poor families. According to him (Gutierrez) the reasons of abortion in the country are the unintended or ‘unplanned pregnancy. He added that 68% of the population does not have any family planning method and 24% of the population uses traditional family planning.

The second speaker Hon. Walden Bello explained that RH Bill is really about women’s control of their bodies, exercising the freedom of choice including the size of the family and the status of economic empowerment. It rises up families from poverty and provides better view on their lives. Families of better size suffer from poverty. He quoted from (WHO) World Health Organization Reproduction Revolution, “RH Bill is promoting in late 1970’s to 1980’s, the migration from rural to urban communities, 12.5 million Filipinos abroad and lastly the moralization of population growth and cultural conflict such as the conflict in Mindanao which is an example of population pressure.”

The third speaker, Atty.  Marcelino Maxino, strongly oppose the reproductive Health Bill. According to him, it is destruction of the greatest resource is the human being. On the other hand, he presented some sections of the Philippine Constitution that strongly explained why RH Bill should not be passed. Some of them were:  Section 2. Declaration of Policy, the state recognizes and guarantees the exercise of the universal basic human rights to reproductive health by all persons, particularly of parents, couples and women, consistent with their religious convictions, cultural beliefs and demands of responsible parenthood.  Section 3. Guiding principles, freedom of choice, which is central to the exercise of right, must be fully guaranteed by the state. Section 4. Definition of terms, clearly omits to define terms used that are integrally important to criminalizing prohibited acts, such as “Essential medicines”. Section 16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education.

The invited guest reactors presented their points of view after the speakers had had the floor. On pro-RH Bill side were:  GWAVE Representative Atty. Janeth Icao and Zarah Marie Dy, third year from the College of Law; while on the Anti-stand were: Fr. Gamaliel Tulabing administrator of the Diocese of Dumaguete, Atty. Manny Arbon of the City Council of Dumaguete and Romualdo E. Señeris II representative from Visayan Forum Foundation. (Darlene Dawn D. Regalado)

With the hype of Silliman University Founders’ Week Celebration, another educational facility has been given a life and a name.

College of Law recently dedicated and named its new facility after its donors, thus now being called as Rolando and Josefa del Carmen Law Faculty Library.

The said library will be the new home of books and resources available for use for the faculty of the college. It is located at the Dean’s Office, 2^nd Floor College of Law, Villareal Hall, Silliman University.

Dr. Rolando del Carmen felt like he has to come to Silliman and contribute in terms of academics to whatever he has because if without the College of Law, he probably would not have been able to go abroad and teach law to American students.

“I am in the College of Law now to give the best that I can to be of help,” he said.

Being the newest ‘fellow’ faculty, he will be giving lectures in various areas of law especially in criminal justice. He will be also doing assignments given by the administration, provided that he has other commitments abroad.

Dr. del Carmen graduated cum laude with Bachelor of Arts in 1953 and magna cum laude with Bachelor of Laws in 1956, both in Silliman University. He was an appointed dean of the SU College of Law in 1962 and received Outstanding Law Alumni Award in 2007.

The dedication took place at the College of Law, Villareal Hall last August 24. The 24^th general assembly for the alumni with guest speaker Mark Villar, a representative in the Congress, was held before the naming of the library. (by: Mary Cris C. Kuharattanachai)

Judge Denise Page Hood, a federal judge for the Eastern District of the Michigan,was the speaker in the Silliman University College of Law convocation held  last August 22at the Moot Court of Villareal Hall. Judge Hood was invited to discuss about the administration of speedy and sound justice in the United States.

Hood, early in her discussion, established the Decalogue as the foundation of justice and the legal system. In her words, Moses– to whom God entrusted the Ten Commandments–was the first judge, and as such was also the first to deal with the stresses of rendering fair resolutions tothe disputes among his people and determining the guilt or innocence of those accused of violating the Commandments. Hood cited Exodus 18 where Jethro advised Moses to appoint “capable men who fear God, trustworthy men who hate dishonest gain.” Jethro’s counsel was heeded by Moses and an organized institution that would address the people’s need for timely and even-handed judgment.

According to Hood, the legal institution was established to facilitate the efficient and swift dispensation of justice, both in criminal and civil cases. “The speedy trial issues around criminal cases,” according to her, “have to do with protecting the defendant’s right to not have their case drawn out for a long time; to allow them to have finality; to allow them to have their witnesses fresh, and the evidence [against them] fresh,” while in civil cases, the goal is to arrive at a “timely resolution of civil actions brought by persons and corporations to recover various injuries resulting from torts and contract claims, and other civil actions.”

Hood highlighted the judicial procedure ofacquiring all the information necessary to proceed to trial, the process referred to as “discovery” by legal practitioners in the United States. Discovery, as explained by Judge Hood, would determine the duration of a case, and the efficiency with which this crucial stage is handled relies heavily on the judge’s case management skills. According to Hood, “Discovery is one area where I can effectively manage and control the speed of my cases before trial.”

For criminal cases, Hood emphasized the strict adherence to Speedy Trial Act, a statute in the U.S. that sets the start of all trials no later than “70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.” Within this period the judge would entertain and rule on dispositive motions and conduct a pre-trial which will serve as a roadmap for an expeditious and impartial trial.

In civil cases, Hood believes in setting a trial date as early as possible, a move which her colleagues are hesitant to adapt for fear that the litigants would later on complain should the trial fail to commence as scheduled. Judge reasoned out that a fixed deadline would actually encourage the parties to come with an amicable solution before the trial starts. “I give them a trial date. When they get to a month before the trial date, they get really nervous about in civil cases. They start really talking about whether or not there’s an amount of money that will resolve this case or something that we could do to amicably settle it.”

During the Open Forum, Hood entertained the questions asked by the Law students and faculty. Atty. Mikhail Lee L. Maxino, the dean of the college, raised the question whether it was mandatory or not for lawyers in the US to go through the modes of discovery before the trial in which Hood responded that it was not but elaborated on the possible surprises that may happen in trial if lawyers chose not to. (by: Susanah Jane L. Lapa)

Silliman University College of Law recently held a lecture with United States District Judge for the Eastern District of Michigan Judge Denise Page Hood as guest speaker last August 22 at Villareal Hall.

Judge Hood, who is the first American African female president of the Detroit Bar Association, focused her discourse on the ‘speedy trial system’. Talking about the Philippine judicial system, she agreed with everyone that things should be speeded up.

In an interview with Judge Denise Page Hood, she also mentioned the differences between Silliman, Philippines (in general) and US law education, specifically pointing out the number of years in school and the recognition in bar exam. In the Philippine curriculum, four years are required while in the US, it will only take three years.

She further stated that the Philippines loves to rank thosewho ace the bar and then from what school but in the US, they just publish the name of the passers in the newspaper.

Judge Hood commended the Silliman quality of law education, saying: “Your students are very well prepared. They asked very good questions in all the session and all are very enthusiastic and dedicated to their school.”

“What I’ve seen is all been very good. And even the freshmen are already thinking what to do after their four years. So, I don’t see anything that needs improvement,” she added.

As to her advice to the Silliman Law students, she told them: “Study hard. Make friend to your professors and lawyers in the community.”

Judge Hood has served as Moderator of the United Church of Christ, USA and is agraduate of Yale University and Columbia University School of Law. She was nominated by President Bill Clinton and confirmed by the Senate in 1994.

On the other hand, she expressed her joy in having the opportunity to hear from Supreme Court Justice Roberto Abad. She also appreciated the warm reception by the College of Law headed by Dean Mikhail Maxino and the enthusiastic participation of the students during her lecture.

Both first-timers in the Philippines, Judge Hood came to Dumaguete with her husband Reverend Nicholas Hood III.

Rev. Hood was also invited to speak before the SU Divinity School students on the topic, “The Effective Pastor and Care for the Pastor”. (by: BY: Mary Cris C. Kuharattanachai)