flickr and double C

I have just recently revived my Flickr account, which I have finally decided to be the repository of most of my amateur shots as a budding photographer (/lawyer). Most of those are random shots while some are documentation of my adventures with nature.

I have always loved taking pictures (and being taken of, as well. Hehe!) and most of my friends tell me that I have perspective. Guess, it is a flair. My works aren't as good as those which I have seen but I am happy when I see them.

Although back in college I have already wanted to get myself to get hold of a camera and shoot around, I refused to indulge. Back then, the SLR's are manual which work for films. I decided that it'll be too costly for me to spend on rolls and rolls of it. So randomly, I just took bits of photography advice from those who have decided to embark on the pricey hobby. And I noted. Most are about framing and focus. I tried using them everytime I get the chance peak through the lens.

In the advent of digital cameras, I took the pleasure of taking as many shots as I can with the little gadget that I used to borrow from friends. Until my dad brought home one pocket digital cam to my delight! My pocket digicam went with me to the mountains I've climbed to the bars with friends and to a city outside the Philippines. I took all the pictures I can. (This even caused my mom and I to fight. She accused me of being a photo addict. O yes, I am. Hahaha!) The pocket digicam later evolved to a DSLR. Woohoo! Although, it is a communal among all the family members, only one of my brothers and I use it most of the time.

This year, I will spend more time learning more of photography. The artsy side of me will be blooming once more.
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"Some rights reserved", hailed Creative Commons.

This afternoon, I attended the launching of Creative Commons and Creative Commons Philippines Philippines V. 3.0 (CC-PH) at school. It is a non-stock, non-profit organization worldwide which seeks to liberalize (according to the discretion of the author of the work) the use, distribution and exercise of all other rights of any created work without any legal repurcussions. Creative Commons provides creators with the option of acquiring licenses that defines which freedoms they want their works to carry.

Copyright immediately attaches to any person's created work. It can be a song (which may pertain to the melody or the lyrics together or separately), a book, a script, an article (which includes this blog entry), an artwork, a photo, maps, sketches, etc. Thus, the author of the created work is attributed as the rightful owner of the work and he/she can exercise all the rights attached to it. The symbol of depicting an encircled C serves as notice that the owner of the work reserves all his rights over the created work and excludes the whole world from exercising such. Although Copyright is protective, it may also be restrictive. CC provides for an option to make it less restrictive considering the proliferation of lots of created works in the Internet.

On a personal note, I find this initiative very good. It encourages freer exchange of works, promotes collaboration (which can lead to improvement of craft) and a maximized exercise of one's freedom.

Image on left:© 2008. Berne Guerrero. Some Rights Reserved. Except when otherwise noted , this work is licensed under
http://creativecommons.org/licenses/by-nc-sa/3.0/ph/

the anti-graft court spoke

The Sandiganbayan through its Special Division already rendered its judgment.

The dispositive portion of the 300+ page decision reads:

WHEREFORE, in view of all the foregoing, judgment is hereby rendered in Criminal Case No. 26558 finding the accused, Former President Joseph Ejercito Estrada, GUILTY beyond reasonable doubt of the crime of PLUNDER defined in and penalized by Republic Act No. 7080, as amended. On the other hand, for failure of the prosecution to prove and establish their guilt beyond reasonable doubt, the Court finds the accused Jose “Jinggoy” Estrada and Atty. Edward S. Serapio NOT GUILTY of the crime of plunder, and accordingly, the Court hereby orders their ACQUITTAL.

The penalty imposable for the crime of plunder under Republic Act No. 7080, as amended by Republic Act No. 7659, is Reclusion Perpetua to Death. There being no aggravating or mitigating circumstances, however, the lesser penalty shall be applied in accordance with Article 63 of the Revised Penal Code. Accordingly, accused Former President Joseph Ejercito Estrada is hereby sentenced to suffer the penalty of Reclusion Perpetua and the accessory penalties of civil interdiction during the period of sentence and perpetual absolute disqualification.

The period within which accused Former President Joseph Ejercito Estrada has been under detention shall be credited to him in full as long as he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners.

Moreover, in accordance with Section 2 of Republic Act No. 7080, as amended by Republic Act No. 7659, the Court hereby declares the forfeiture in favor of the government of the following:

(1) The total amount of Five Hundred Forty Two Million Seven Hundred Ninety One Thousand Pesos (P545,291,000.00), with interest and income earned, inclusive of the amount of Two Hundred Million Pesos (P200,000,000.00), deposited in the name and account of the Erap Muslim Youth Foundation.

(2) The amount of One Hundred Eighty Nine Million Pesos (P189,000,000.00), inclusive of interests and income earned, deposited in the Jose Velarde account.

(3) The real property consisting of a house and lot dubbed as “Boracay Mansion” located at #100 11th Street, New Manila, Quezon City.

The cash bonds posted by accused Jose “Jinggoy” Estrada and Atty. Edward S. Serapio are hereby ordered cancelled and released to the said accused or their duly authorized representatives upon presentation of the original receipt evidencing payment thereof and subject to the usual accounting and auditing procedures. Likewise, the hold-departure orders issued against the said accused are hereby recalled and declared functus oficio.

SO ORDERED.

The defense counsels for the Former President are still conferring as to the remedy they wish to avail. As far as my limited knowledge in Criminal Procedure (which by the way I took under the instruction of the Hon. Justice Peralta), within 15 days, Former President Estrada can either file an Motion for Reconsideration to the Sandiganbayan or file a Petition for Certiorari directly to the Supreme Court. Failure to avail of any of these options and after the lapse of the reglementary period, the decision will become final and executory.

More than anything, I agree with the Special Prosecutor when he said that this isn't only a victory for the prosecution but also of the Rule of Law. At least, this is a clear evidence that our judicial system is working.

More on this on my next post. I need to run.

brotherhood

For weeks now, the death of a UP fourth year Public Adminitration student has been filling our news.

Chris Mendez was allegedly killed in an initiation by a prominent fraternity in the university he is in. According to most of his friends, he aspires to become a lawyer which is probably why he was urged to join the fraternity in prepartion for entering UP Law School. His death has however dragged the name of the fraternity and caused the hiding of almost all its incumbernt officers and resident members. Although, the police are now out to pin down those who are responsible for his death.

Chris' death stirred opinions as to the violation of the Anti-Hazing Law. Aggressive as they are, UP students have started lobbying that justice be served. The parents whose children also died through these violent exercise of brotherhood now surfaces one after the other, perhaps to extend concern and support. More importantly to reiterate their cries for vindication for the loss of a loved one.

On a personal point of view, my heart goes to them for a death offered for a cause I too cannot understand. Brotherhood (or sisterhood, as the case may be) is supposed to be for encouragement, support and mutual respect, and never, never for violence. They might have their "fraternal" reasons. I just shrug my shoulders. I just really cannot comprehend.

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Senator Miriam Defensor-Santiago said that she will author a bill on the abolition of the Greek letter societies. To quote she said, “As far as I’m concerned, from my experience in UP Diliman for four years in the College of Law, these fraternities do not aid the academic tradition of the University. They are nothing but elitist enclaves...I really cannot be convinced of the necessity of joining fraternities and sororities. What is the benefit that is derived by these young, promising, idealistic students from the provinces who look at a UP education as their last ray of hope for success in life…”

I personally do not like the lady senator. I do not like everything about her--her points of view, her manner of speaking, her fashion sense and what have you. I infer that her statement may come from a personal, bitter experience of isolation or "post graduate bullying". The truth is no law school is without a fraternity or sorority. In fact, these societies has produced most of our prominent officials in the government. Members take pride in the association. But last night, while watching her on the news and letting out a smug, I have to partly agree on her observation, that in as far as one's stay in law school is concern there is a little that these societies offer. We are all equals. C'mon we study the same law.

Maybe I am speaking from the perspective of an outsider. Or perhaps as they say, the benefit comes after you are out of the school and is working you ass out there.

Or maybe, there isn't really a problem as to these societies. I think it's healthy to have "brods" and "sises", your so-called friends in law school. We too are social beings. We need people to cry with, whine and wine with, laugh with. Law school isolates such from the world outside, and sometimes they are all we have. However, maybe the prominence and privilege of brotherhood and the accumulation of "power" exercised over those who want to join their circle may have just gone overboard.

Sad but true.

Bar Examinations 2007

The Bar Examinations is the first hurdle an aspiring lawyer must overcome to enter the Legal Profession. One must show competence in the knowledge of the law, and in what way will the Honorable Justices know this but through a grueling examination.

2007 Bar Examinations is coming in a few weeks. It will run through the four Sundays of September. The examinees will take two exams for each day, one in the morning and the second in the afternoon. This will cover eight subjects namely: Political Law and International Law, Labor Law, Civil Law, Taxation, Commercial Law, Criminal Law, Remedial Law, and Legal Ethics and Practical Exercises.

I have always looked forward to the Bar Exams and have wholeheartedly supported my seniors as they took it. I used to volunteer for the Bar Operations in my previous school. Well, plainly, it is helping them make their lives easier so as to lessen the pressure of taking an exam that would spell their future. They need all the support they can get in crucial moments as this. Also, it is some sort of juju that the good deed will come back when your time to take the Bar comes.

This coming Bar Examination is particularly special for me. Most of my batch mates during my first year in law school are now up for the challenge. These are the people I was with when we were all struggling in the dark to learn the ins and outs of law school. They are the ones whom I was with during sleepless reading marathons. We have dreamt to take the bar and later take the oath altogether. We even thought of signing our names next to each other in the Roll of Attorneys.

Yes, there is some pang of “regret” for not taking the Bar as I chartered it. But on second thought, I am fine. God has better plans. I realized it’s not how fast you get there, but how much you are actually prepared to take the Bar and later become a lawyer. It’s basically about preparation. I think my experiences in and out of law school have shaped me to be more apt to do my job well someday. Although, I should say there is still a long way to go. (In fact, I still have midterms exams to ace next week.)

To the Bar Examinees of 2007, all the best wishes. May the force be with you.

I’ll see you in court.

postscript

I received the article below from my climbing buddy, Ditas. It is a post election message from Martin Bautista, a senatorial bet from Ang Kapatiran. She wrote: "Hopefully our new public officials, elected whether by legitimate or unscrupulous means, would learn what the real essence of public service is all about. And may this serve as a lesson to all Filipinos."

The election is over. It is time to examine, and to both skeptics and sympathizers alike, explain my participation in it.

I gave up a flourishing medical practice in America, joined Kapatiran and ran for the Senate because I wanted not merely to prove a point, but to live by it.

And the point is this: we can change our country, help our people, not by talking or theorizing but by actually doing something about it. One cannot simply make a statement. He must apply it in his life, by example, by involvement, by action. Our political campaign was such a statement.

Did we succeed? We did not get enough votes for a seat in the senate. But we did get the attention of the electorate and, more importantly, we made people aware of alternative solutions, better political options.

We demonstrated that it is possible to conduct an open, honest, vigorous campaign on programs, not personalities.

We showed that there is no need for false promises, political gimmickry, immoderate spending; but that there is a need for continuing communication, defending and justifying our positions and priorities.

Our fundamental premise is this: Politics is not a means of livelihood. It is not an economic investment that will pay off in future material gain. Politics is a way of giving, of sharing, of helping. It is not soliciting support but providing it. It is not about rendering service in the senate when elected, but rendering service now, in the present, in this time and place, in one's capacity as a candidate, a citizen, a Filipino of compassion.

If we have, even in a small, tentative way, we have redefined politics in the Philippines, then we have been fully recompensed for our efforts. The accomplishments of our greatest heroes cannot be judged in the simplistic terms of triumph or defeat. Like Burgos, Gomez and Zamora, the Kapatiran candidates won no instant victory. But they achieved a beginning, advanced the cause for reform, and awakened a hope that such reform is possible.

A personal note of accountability. We received donations from many sectors of society. Added to our own private contribution to the campaign, the total amount exceeded our modest campaign expenses. The balance we shall turn over to Gawad Kalinga in accordance with our conviction that politics is not an enterprise for profit.

Finally I wish to extend my sincere appreciation to all the men and women of goodwill who stand with us in the common belief in a Filipino future. "Maraming salamat sa inyong lahat"