Lex Talionis Fraternitas

Infobox Fraternity | name = Lex Talionis Fraternitas Inc.
letters = Sodalitas Ducum Futurorum
crest =
founded = September 29, 1969 at the
birthplace = [http://www.sanbeda.edu.ph/law_main.htm San Beda College of Law] ,
Manila, Philippines
type = Fraternity
scope = Legal profession
address = [http://www.sanbeda.edu.ph/ San Beda College] and
city = [http://www.addu.edu.ph/ Ateneo de Davao University]
state = Manila and Davao City
country = Philippines
activechapters = 5
chapters = In the law schools of:
[http://www.sanbeda.edu.ph/law_main.htm San Beda College] ,
[http://www.addu.edu.ph/?option=com_content&task=view&id=76&Itemid=88/ Ateneo de Davao University] ,
[http://www.sscrmnl.edu.ph/article/archive/199/ San Sebastian College] ,
[http://www.feu.edu.ph/ Far Eastern University] ,
[http://www.arellanolaw.edu/ Arellano University]
charterdate = August 11, 1983
chartercity = Mandaluyong, Philippines
homepage= [http://www.lextalionisfraternitas.tk/ LexTalionisFraternitas.tk]

"Lex Talionis Fraternitas, Inc. Sodalitas Ducum Futurorum" is an exclusive fraternal organization founded on 29 September 1969 at the San Beda College of Law. A chapter in the Ateneo de Davao University School of Law was established in 1974. In 1983, the [http://www.sec.gov.ph/ Securities and Exchange Commission] granted the incorporation of the fraternity. Other chapters currently exist in the San Sebastian College-Recolletos Institute of Law, Far Eastern University Institute of Law, and Arellano University School of Law. Recruitment is exclusive and is by invitation only.

The Principle of Lex Talionis

Lex Talionis is latin for "Law of Retaliation". This concept is derived from the Mosaic law "an eye for an eye; a tooth for a tooth", which is a variation of the original concept promulgated under the Code of Hammurabi. The secondary name, Sodalitas Ducum Futurorum is latin for "Solidarity of Future Leaders".

Although the name itself suggests the Hammurabic concept of retribution justice, the fraternity does not advocate the common literal conception of "Lex Talionis" wherein exact reciprocal action is taken against another's action. The fraternity's Founding Chairman, Former Philippine Ambassador to the United Arab Emirates and National Labor Relations Commission Chairman [http://www.seneresroy.com/ Roy Señeres] wittingly remarked that the modern principle of "Lex Talionis" should be: If one takes away another's property, one should replace it with another of the same property.

The fraternity thus distances itself from the barbaric misconception of "Lex Talionis", and instead adopts the more modern essence of retribution justice wherein justice is interpreted as a process of proportionality, where the offending conduct is measured and remedied against similar circumstances within a culture or society.

The Grand Judex and the Troika

The head of the fraternity is called the Grand Judex. He is selected in secret by all the members present in the election called for such purpose. The nominee can only come from the San Beda chapter.

Upon its establishment in 1969, the founders agreed that there would be no single Grand Judex during the formative year of the fraternity. Since there was no single Grand Judex, the first batch was headed by three co-equal Grand Judeces collectively called "The Troika." The Troika was composed of Miguel Soriano, Rizal Guerrero, and [http://ca.supremecourt.gov.ph/index.php?action=resume_of_justices&x=52 Jose Mendoza] . Mendoza currently sits as an Associate Justice of the [http://ca.supremecourt.gov.ph/ Court of Appeals] . Later on, [http://ca.supremecourt.gov.ph/index.php?action=resume_of_justices&x=92 Francisco Acosta Jr.] , also to become a Justice of the Court of Appeals, was elected as the first Grand Judex.

The Grand Judex is assisted by a Vice Grand Judex, a Judex of Initiation, a Judex of War, a Judex for Academic Operations, an Exchequer, and a Keeper of the Scroll. A senior advisory body, the Council of Grand Judeces, likewise takes an active part in the affairs of the fraternity. The Council is composed of past Grand Judeces, and is headed by a President, who acts as the main adviser to the Grand Judex.

The Triumvirate and the Ateneo Chapter

In 1974, three members who were enrolled in the San Beda College of Law decided to transfer to the Ateneo de Davao University School of Law. With the blessings the Grand Judex, they established a chapter in the Ateneo. These three members, Rodrigo Duterte, Joel Babista, and Albert Sipaco Jr., would later be known as "the Triumvirate." Duterte later on served three consecutive terms as Mayor, one term as Representative in Congress, and is currently serving his third term (for the second time) as Mayor of Davao City.

The Camaligan Incident

The fraternity went into controversy and criticism when neophyte Raul Camaligan died of physical injuries after his initiation rites on 8 September 1991. Eight members were indicted for Homicide before the Regional Trial Court of Quezon City. Upon rearraignment, they withdrew their earlier plea of not guilty and pleaded guilty to the lesser offense of Reckless Imprudence Resulting in Homicide. They were convicted for this offense, but later on applied for and were granted probation.

In the landmark cases of [http://www.supremecourt.gov.ph/jurisprudence/2004/mar2004/..%5C..%5C1997%5Cmar1997%5Cbm_712.htm In Re: Argocino (270 SCRA 26)] , [http://www.supremecourt.gov.ph/jurisprudence/1998/jan1998/bm_810.htm In Re: Cuevas (285 SCRA 59)] , and [http://www.supremecourt.gov.ph/resolutions/toC2001/..%5Cenbanc%5C2001%5CEnov%5C832.htm In Re: Tuliao (B.M. No. 832)] , the Supreme Court has allowed the members involved in the unfortunate incident to take the Bar Examinations, take the Lawyer's Oath, and engage in the practice of law. In granting these petitions, the Court took judicial notice of "the general tendency of youth to be rash, temerarious and uncalculating."

The Court further ruled that " [their] discharge from probation without any infraction of the attendant conditions therein and the various certifications attesting to [their] good moral character and civic consciousness show that [they have] sufficiently proven that [they are] now morally fit to be admitted to the Bar and to take the lawyer’s oath. In allowing [them] to take the lawyer’s oath, the Court recognizes that [they are] not inherently of bad moral fiber. [They have] also taken decisive steps to atone for the unfortunate death of Raul Camaligan."

However, in allowing them to enter the legal profession, the Court gave them a stern reminder that "the lawyer’s oath is not a mere formality for entering the noble profession of the law. [They are] exhorted to conduct [themselves] beyond reproach at all times and to live in accordance with the lawyer’s oath and to abide by the [http://www.chanrobles.com/codeofprofessionalresponsibility.html Code of Professional Responsibility] . As new lawyer [s] , [they are] advised to be [men] for others, ready and willing to render legal and other services to the less fortunate among our people."

In the Judiciary

For a young fraternity, Lex Talionis has already produced 20 topnotchers in the annual Philippine Bar Examinations. The first batch of Talion examinees in 1972 produced two topnotchers: George Eduvala (3rd Place) and Felito Ramirez (7th Place). Throughout the years, other members would follow suit.

Although majority are either into private practice or employed in prestigious law firms, a considerable number of Lex Talionis members have been elected to public offices or appointed to executive positions in the government. Likewise, a number of members sit as judges or justices of collegiate courts. Currently, three members sit at the [http://ca.supremecourt.gov.ph/ Court of Appeals] . Justice [http://ca.supremecourt.gov.ph/index.php?action=resume_of_justices&x=27 Bienvenido Reyes] was appointed on 22 August 2000. Justice [http://ca.supremecourt.gov.ph/index.php?action=resume_of_justices&x=52 Jose Catral Mendoza] was next appointed on 4 July 2003. The latest appointment was that of Justice [http://ca.supremecourt.gov.ph/index.php?action=resume_of_justices&x=92 Francisco Acosta Jr.] , who assumed office on 14 December 2006. Reyes and Mendoza were among the founding members of the fraternity, while Acosta was the first Grand Judex. Acosta is also current president of the [http://www.sanbedacollegealumni.org/ San Beda Law Alumni Association, Inc] .

Justice Gregory Ong, appointed 5 October 1998, and Justice Rodolfo Ponferrada Sr., appointed 23 August 2004, are also currently sitting at the anti-graft court [http://sandigan.supremecourt.gov.ph/ Sandiganbayan] . Ong was a two time Grand Judex of the fraternity, while Ponferrada was among the founding members.

The Ong Appointment Controversy

In 2007, President Gloria Macapagal-Arroyo appointed Ong to the [http://www.supremecourt.gov.ph/ Supreme Court of the Philippines] , but the appointment was opposed by groups who accused that Ong was not a natural born Filipino citizen. His appointment was withheld and the another nominee was appointed to the Supreme Court. [http://elibrary.supremecourt.gov.ph/decisions.php?doctype=Decisions%20/%20Signed%20Resolutions&docid=a45475a11ec72b843d74959b60fd7bd646951cd4485d4 A Supreme Court ruling] ordered Ong to secure a trial court decision to establish his status as a natural born Filipino citizen. Later on, the Regional Trial Court of Pasig upheld Ong's status as a natural born citizen. This ruling was appealed and its disposition is still pending before the Supreme Court. For more on the Ong appointment controversy, [http://opinion.inquirer.net/inquireropinion/columns/view_article.php?article_id=68241 click this] .

External links

* [http://www.lextalionisfraternitas.tk/ Lex Talionis Fraternitas, Inc. official website]