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Mariphi Ambolario

Law I-B
DVOREF
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/Lawyer
Mariphi Ambolario
Law I-B
DVOREF
Essay: Personal Point of View on any Topic

Isnt 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
DVOREF
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 selfdetermination 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/DraftBangsamoro-Basic-Law.pdf

Mariphi Ambolario
Law I-B
DVOREF
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.