What is a Lawyer

Mariphi Ambolario

Law I-B

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Essay developed through definition.What is a Lawyer?

There are several definitions about what a lawyer is. If you just surf the net or open your worn-out dictionary, it will provide you the definition of a lawyer according to the point of view of the author. Regardless of these several definitions, basically, it all stems down to what a lawyer does.

According to Merriam-Webster Dictionary, a Lawyer is one whose profession is to conduct lawsuits for clients or to advise as to legal rights and obligations in other matters. Wikipedia, on the other hand, defined a lawyer as A lawyer is a person who practices law, as an attorney, counsellor or solicitor.

Therefore, a lawyer is involved in the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interest of those who hire lawyers to perform legal services. In the Philippines, it has been provided that the only individuals, who may use the title Attorney, are those individuals who had passed and fully complied with the requisites needed to practice law. An individual who wants to practice law as a lawyer here in the Philippines must be a natural Filipino citizen. He must also pass the Bar examination and possess the continuing qualifications that a lawyer must possess at all times such as having a good moral character, upholding and respecting the Code of Legal Ethics, paying regularly both the IBP dues and the PTR. Aside from the above mentioned qualifications, a candidate for admission to the Integrated Bar of the Philippines must at least be twenty-one years of age, of good moral character, and a resident of the Philippines; and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines.

To become a lawyer is not an easy task and that even if one has already passed the bar, he must still comply with the continuing essential requisites for him not to be removed from the roll of attorneys or be disbarred. As what the saying goes, Many are called but few are chosen. Acquiring and maintaining to be a lawyer is a continuous process. Reference: (1) http://www.merriam-webster.com/dictionary/lawyer

(2) http://en.wikipedia.org/wiki/LawyerMariphi AmbolarioLaw I-B

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Essay: Personal Point of View on any TopicIsnt it too early for us to live just to die?

Compel yourself to do something you would rather not do.-Anonymous

Time tends to pass by quite fast without us realizing that we've already missed too much. It's sad how most of us find ourselves stuck in a vicious cycle where we slowly, but surely, lost ourselves. We got stuck doing the same old routine that we forget our dreams when we were younger. One day you're busy chasing your dreams, and the next you suddenly wake up doing something else...doing something that strays you away from your dreams. We tend to go astray when faced with problems that go with adulthood...like bills, taxes, and relationships, among other things.

You might think that it's too late to start to pursue your dreams, but let me tell you this, "It's never too late".

You might not be as agile and quick witted as you used to be but that doesn't mean you can't achieve your dreams anymore. You might be rusty, but with some polishing, focus and motivation, then you're off to a good start. It's not going to be easy. It's going to be a tough road ahead. You'll meet problems along the round and you might think that giving up is the only choice. But regardless if you fail or not, isn't it better to know that you tried your best to pursue your dreams than grow gray and old with lots of "what ifs?"

Chasing your dreams is not something to be ashamed of. Hold your head up high. Live. I'm not saying to restrict yourself with just chasing after your dreams though. What I'm trying to express here is that wake up each day and actually LIVE. Go out and enjoy life. Test your wings and learn how to fly. Explore your abilities. Develop or learn new skills. Don't just think of surviving. Sure, eating, sleeping and working for a living to pay for the bills is necessary in life. But that doesn't mean that you have to endure life stuck with just 'getting by'. Compel yourself to do something you would rather not do. Challenge yourself to try new things. To fight for what you believe in rather than just watch things unfold in front of you. Make things happen.

Indulge in that feeling of being alive. Celebrate life. Cherish each moment that you have. Remember how it feels to have your heart ram itself in its cage and savour the feeling of your blood rushing through your veins as excitement engulfs you when you're almost at the verge of achieving your dreams or when you're trying something new. That adrenaline rush that make you feel alive.

Besides, isnt it too early for us to live just to die?Mariphi Ambolario

Law I-B

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Essay: Argumentation

A Stand against the Bangsamoro Basic Law

Countless articles on newspapers and arguments on TV had been circulating for the past couple of months regarding this Bangsamoro Basic Law, which is commonly called as BBL. The parties in favour of this BBL argues that this law shall be passed to establish a political entity that will provide for the basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people to secure their identity and posterity for meaningful self-governance through a democratic process.

In the draft of this BBL, it has been provided that the Bangsamoro shall exercise right to self-governance and self-determination in pursuing economic, social and cultural development. There is nothing wrong with wanting to achieve a political future for the Bangsamoro people, however, it must be put into consideration that island of Mindanao and Sulu archipelago is not just composed solely by Bangsamoro people and that even without this said law, the current local government with the support of the National Government and its citizens can still work toward obtaining a peaceful self-reliant local government unit.

On Section 2 Art4 of the BBL, it stated that the Bangsamoro government shall be parliamentary. Its political system is democratic allowing its people to freely participate in the political processes within its territory. This provision in the law is somehow inconsistent with the 1987 Philippine Constitution. According to the Philippine Constitution, the Philippines is a Republican and Democratic state. Therefore, to have the Bangsamoro region be a parliamentary government would go against the constitution since it would somehow imply that we are a Federal State, when we are clearly not.

For the sake of argument, lets say that this BBL has been enacted; will this ensure that peace would then ensue between the armed Muslim groups and the Philippine government? Those who are in favour of this BBL had claimed that passing this law would prevent further bloodshed and would put a stop to the decades long war between these armed groups and the national government. We should put into mind that the MILF are not the only group that subsist in the areas that would deemed part of the Bangsamoro if ever the law will be passed. There are still the MNLF and the BIFF armed groups that have shown not to comply with the ideals of the MILF. With the recent Mamansapano incident, it has been shown that BIFF has no intention of following the MILF and that they are willing to raise arms to invoke what they believe in.

This matter shall be taken seriously because passing this law may lead to irreversible mistake which none of our so-called public officials would be willing to take responsibility for. As of the moment, what can be observed is that whether this law will be passed or not, the fighting and bloodshed between these armed Muslim groups and National government would still persist. Let me quote Mr. Felix Caronongan, he had stated that Since this is a very important and sensitive endeavour to achieve peace in Mindanao and of course will affect the whole country, it should be studied very carefully. It should not be rush just to come up to satisfy the wishes of Pnoy, otherwise it will wind up into another disaster! Much time and expenses has already been done and we should like to come up with an agreement that is fair to everybody! He may just be an ordinary citizen like myself, however we share the same sentiments and we hope that everything will turn out for the better. Reference: http://www.hdcentre.org/uploads/tx_news/Draft-Bangsamoro-Basic-Law.pdf

Mariphi AmbolarioLaw I-B

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Essay: Expository

Laxity on Annulment of Marriage Cases

Marriage is an inviolable institution protected by the State. Any doubt should be resolved in favour of its existence and continuation and against its dissolution and nullity. Ochosa vs Alano, GR No 167459

It has been reiterated in the past that getting married in the Philippines is easy; however, getting out of it is like next to impossible. It cannot be denied that broken families with legally separated spouses has been increasing in number in our current society. Most of the separated had found another partner instead of the one they had married. There are instances wherein both spouses who decided to go separate ways found other people to spend their lives with however they are still bound to their prior marriage since it is difficult to have a marriage annulled.

The Supreme Court has taken a liberal stand in allowing the annulment of marriage on the ground of psychological incapacity as it reversed itself and nullified the marriage of two individuals saying a strict implementation of the rules would allow diagnosed sociopaths, schizophrenics, narcissists and the like to stay married. The SC had provided in a recent case that every court should approach the issue of nullity not on the basis or priori assumptions, predilections or generalizations but according to its own facts. The foregoing guidelines have turned out to be rigid, such that their application to every instance practically condemned the petitions for declaration of nullity to the fate of certain rejection. This somehow led some people to be imprisoned in a relationship which they have decided to let go of since it was doing ,not just both parties, but as well as their family members, harm to the well-being. It is, however, the burden of the plaintiff to prove that the juridical antecedence, gravity and incurability of the psychological incapacity of the errant spouse.

The Supreme Court claimed, that with the laxity given on the rules in determining psychological incapacity of nullification marriage would not demolish the foundation of families but would actually protect the sanctity of marriage, because it refuses to allow a person afflicted with a psychological disorder, who cannot comply with or assume the essential marital obligations, from remaining in that sacred bond.

Through this, it would somehow help those individuals trapped in an abusive relationship to be set free. It has been emphasized as well that instead of being worried about the increase in cases for nullity of marriage, the court should rather be alarmed by the rising number of cases involving marital abuse, child abuse, domestic violence and incestuous rape.