Sunday, September 28, 2008

the law in us

I must confess I almost dropped out of law school during my first two weeks. I remember our professor assigned to us 50 articles to read and I wanted to memorize them, but I couldn't. In frustration, I even asked my wife to tell me to drop out so that I'd have some excuse, but fortunately she refused, saying that I and no one else, should make that decision.

I then accepted the fact that i would just be one of the many casualties of the hell hole called law school, one of those whose dreams of becoming litigators were snuffed out by the cruel, tyrannical and almost sadistic way professors treat freshmen.

This attitude however changed when I made my first recitation. I did not quote Manresa, I did not recite the law verbatim, I couldn't even remember the number of the article I was then reciting. I just answered as a layman, no fuss nor frills but straight from the heart of what I thought the law means and my professor seemed to be satisfied. In fact more than satisfied, as I espied a tiny hint of a smile in his otherwise stern visage.

Then it dawned on me.

The law it seems cannot only be found in textbooks, nor in the library.
It can not only be found in the august halls of congress nor exclusively in the hallowed corridors of the courts.
The law has been and will always be found in our hearts.

Ang batas ay nasa ating puso
.
The law is in our values, in our mannerisms and in our experiences.
We are the living embodiment of the law... its personification.... its concrete manifestation.


From the very first moment I was told by my parents to return whatever things i found to its rightful owner, i was taught the principles of solutio indebiti, accion in rem versoand unjust enrichment.

Ang paguwi sa tamang oras or else mapapagalitan ako
introduced me to the harshness of martial law and the jurisdictional character of the reglementary periods.

When i was told not to answer back while my father is speaking, I experienced for the first time that freedom of expression can sometimes be curtailed.

Failure to call home when i have to stay overnight in a friend's place means an instant lesson in criminal law and its attendant punishment.

When i run to my mother while my father is chasing me with a belt, that is remedial law at work, although my father almost always apply for execution pending appeal and succeeds in hitting my butt while my mother is deliberating whether or not to grant temporary injunction.


These experiences and the values that my parents taught me guided me through the perilous waters of law school. That when in doubt, I just need to recall the good manners and right conduct that I learned in kindergarten, the ten commandments that I've read in the bible and the golden rule that i should not do unto others what i wouldn't want others do unto me. These have served me well in law school. Come to think of it, these has served me well in life too. I hope these might serve you well too.

They say our batch should be called the golden batch because we were supposed to usher in a golden era of excellence and greatness. I say we should be called the survivor batch. A gritty and hardy bunch who survived the usual massacre inflicted upon the graduating class. From about two hundred hopefuls, only half of those are in here today. We are therfore very privileged and honored, and it is only fitting that we should strive to be worthy of this honor. If we can survive fourth year then we could survive the Bar. If others can pass, all of us here can do the same and.. do even better. Our imagination is our only limit. Nobody and absolutely nobody can make us feel inferior without our consent.

xxxxx

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