season: pre-bar summer review classes

it's the season for the pre-bar review!
this site has been receiving a sudden increase in traffic...


UPDATES/ NEW FILES:

1. recent PDF files on CONSLAW uploaded to SCRIBD.
2. LIVE recordings on CIVIL LAW at REVIEW CENTER

law: declaration of state policies and principles

updates on constitutional law:


doctrine: state policies and principles are not self-executory... they merely serve as a guideline in the enactment of laws by the legislature...

exceptions: the right to ecological balance as exemplified in the oposa v. factoran case with regard to the granting of 'timber licensing' by the DENR where the SC held that children with the representation of their parents and/ or legal guardians have the proper standing in court to demand for a balance in the ecological system...

so there it goes, that brings us back to the state principles and policies on the controversial ' health bill' months ago.. will it be declared 'unconstitutional?

answer is in the doctrine...
all for now...

status: current dev

the site is currently in hiatus...

current events: clobbered in the golf course

this site takes a stand against the irresponsible use of force.

in the recent controversy that hit the blogscene between the sec. of agrarian reform's family and that of a private citizen, in the person of mr. de la paz.

one glaring picture was that presented by the security personnel of the golf course..

he related in his testimony that when he arrived at the scene after the mauling...he saw mr. de la paz and son bloodied while mr. pangandaman and sons were also there so with their 'bodyguards' armed with 'high caliber' weapons.

this scene alone will tell us that there was an intimidating presence of a far more superior force against a father and his 14 yr. old son so with the 18 yr. old daughter, bambee.

and they were at the receiving end of an unjustified use of force...senseless violence!

a 14 yr. old may resort to the use of force, instinctively, when exposed to the acts committed against his father. only in a dysfunctional family is it deemed not possible but neither is the reaction totally improbable.

this is what connects us all. you do as much as raise an accussing finger on the face of either my mom or dad and i can guarantee you a fury like you've never before seen in your life.

to the young, a father is a hero, a role model. within the ranks of batman, superman, or say braveheart. no father in his right mind would expose the children to any form of danger.

that is human nature and all the lies in the world cannot change that.


the law only aggravates an act of physical injury when it is committed against a public official. it is silent with regard to a reversal in the situation.

relative to committing an offense on the parents within the full view of the offspring, we have under our penal code considered as an aggravating circumstance the said scenario a provision in the crime of rape.

though they similarly take away human dignity in varying degrees.

• related readings@filipinoVoices

opinion: philippine law

the country has proly the best system of law in all of asia. this is basically due the influence of the highly evolved "american justice system." though we borrowed a lot from the french civil code due to the spanish influence and heritage.

however, no matter how good our system of laws is. there are various influences that affect their application or jurisprudence.

neither does it mean that because a law is not used or a statute is being left to oblivion that it would warrant the status of non-existence. this is not true. we think the law does not exist because they are not being applied or enforced. this is wrong. the reason why laws are not being applied is due mostly to the failure to prosecute. they are however, effective, binding, or enforceable until amended or over-ruled by a subsequent law or statute.

the failure to prosecute results when protagonists, that is, plaintiff and defendant decide on some settlements rather than apply the natural course of the process. except for violations which involves the sovereign power of government, this is what happens to most cases.

lawyers are expensive, and magistrates or judges are not perceived to be fair or just or simply easily bribed and threatened with violence such as by hired 'hitmen' for the adversely affected party. the higher in stature a person is in society the more difficult it is to prosecute. compounded by the 'padrino system' and 'cloak-and-dagger' culture.

however, prevailing circumstances does not negate the existence of law. it only confirms the tediousness of the process and its necessity. it remains a challenge to government and to law enforcement in the end where" justice is to be served."

after all we are bound as citizens in the idea of a regime under the "rule of law." a government and society failing in this has lost the right to exist when it fails to recognize and observe that basic democratic inspiration. it will only operate as a matter of transition until the people will realize that a new order by sovereign agreement, based on unalterable historical circumstances, will have to be formed. when the time comes...once it presents itself as a realization. it will be indestructible...

movies: el greco

here is a plot summary from flixter:

Plot: An epic tale of an uncompromising artist and fighter for freedom, Domenicos Theotokopoulos, known to the world as "El Greco". Set in the 16th century, El Greco's search for freedom and love ranges from the courts of Crete and Venice to Toledo in Spain. Here he is confronted by his greatest adversary: the Holy Inquisition. Never backing down in his stand against the establishment of his day, El Greco's story is one of unusual heroism, betrayal, love, and the power of one man and his creative consciousness to stand up and overcome barbarity and ignorance. An inspiration which lives on to this day---flixter.com

during my prelaw college days in architecture, i never heard much of him(till the movie). i heard of michaelangelo( who hasn't?), with his paintings in the ceiling of sistene chapel (where pope's are elected) and being one of the several architects for st. peter's basilica in the vatican.

his personality is intriguing in the sense that he claimed "michaelangelo did not know how to paint." remember that he was a greek, resided(migrated -settled -died) in toledo, during the 'inquisition' period when spain was the only world power after the fall of the roman empire. he was in fact, commissioned to do some artworks for king philip's newly built palace.

somehow, his time affected him so much (tell me of an artist who is not) and found expression in his paintings. paintings where its figures are mis-proportioned to the point of monstrosity. a very telling sign of his time, his day and age where the religious acted as the world highest court of law. magistrates of the most high whose ulterior motives were murder and gain the wealth of jews as a result.

indeed, the illusions of religion created a separate illusion of enemy to justify its existence. however, that's an entirely different story.

• screenshots
• related readings (funniest non-fiction ever!)
  

reference: WHT on international law

last march 18, 2008, i made a post on "sourcing international law" which became question number one(Ib) in Political Law for the PH bar exams given last September.and which would have led to easy points( i guess that gives me some form of bragging rights..hahah)...just a single click away, the referral link at the bottom of the post gave the exact answer.

the referral link goes to answer it as follows:

How to Know the Difference Between Soft Law and Hard Law (International Law)

from wikiHow - The How to Manual That You Can Edit

If you are studying international law, there is a little notion called "soft law" that can sometimes be confusing to understand. Here is how to tell the difference between soft law and hard law in the context of the international legal system.

Steps

1. Learn what the terms "soft law" and "hard law" mean:
   
   • Soft law means commitments made by negotiating parties that are not legally binding.
     
   • Hard law means binding laws. To constitute law, a rule, instrument or decision must be authoritative and prescriptive. In international law, hard law includes treaties or international agreements, as well as customary laws. These instruments result in legally enforceable commitments for countries (states) and other international subjects.
     
   
   
2. Familiarise yourself with the types of legal instruments that make up "hard law" in the context of the international legal system:
   
   • Treaties (also known as conventions or international agreements)
     
   • Security Council Resolutions
     
   • Customary international rules
     
   
   
3. Familiarise yourself with the types of instruments that tend to be soft law instruments:
   
   • Most UN General Assembly Resolutions and Declarations (see "Tips" below)
     
   • Statements, principles, objectives, declarations of principles
     
   • Guidelines, standards
     
   • Action plans
     
   
   
4. Be aware that while soft law is not binding in a legal sense, soft law instruments do carry some authority. Soft law instruments are negotiated in good faith by the negotiating parties who hold some expectation that the non-binding commitments will be met as much as reasonably possible. It is important to note that soft law statements often contain aspirational language that inspires reliance on them to improve policy-making in areas such as the environment, sustainable development and human rights.
   
5. Realize that soft law can evolve into hard law. An important role of soft law instruments is their ability to influence the future development of hard law commitments. When analysing international law soft law instruments, keep in mind how this useful and innovative aspect of soft law can be a bridge between no commitments and legally binding commitments.
   

Tips

• It is helpful to refer to Article 38 of the Statute of the International Court of Justice to see which sources of law are considered to form binding international law: treaties, custom and the general principles of international law. Also there are the two subsidiary "sources": judicial decisions and the writings of highly qualified publicists.
  
• The General Assembly resolutions are often mistakenly considered binding. Resolutions that relate to "housekeeping" within the internal organisation of the General Assembly are binding on members of the Assembly but other resolutions are not legally binding per se. What is important is to examine whether or not such resolutions have legal effects arising from the subject matter or from the way they are drafted. Some countries do not agree that any legal interpretations arise out of UN GA resolutions, preferring to view them as political aspirations; other countries, however, find some UN resolutions to be authoritative interpretations of the UN Charter. It is complicated and you should do a lot of research!
  
• While soft law is also creeping into domestic law, this article is only concerned with international law.
  

Warnings

• Remember that the term "hard law" is only used in contrast to "soft law". Don't walk around calling yourself a "hard law" lawyer. But nobody will mind if you call yourself a hard lawyer... you may not win friends but that is up to you!
  
• Be aware that soft law is contentious for some international legal practitioners who do not like the term "law" being used for non-legally binding commitments. Yet, there are good reasons for it being called soft law, so the term endures. Most importantly, soft law commitments influence the creation of hard law over time and soft law instruments will often fill a policy gap while policy parameters are still being worked through.
  

Related wikiHows

• How to Get a Job With the United Nations
  
• How to Define International Development Law
  

Article provided by wikiHow, a wiki how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Know the Difference Between Soft Law and Hard Law (International Law). All content on wikiHow can be shared under a Creative Commons license.