Lex Talionis Fraternitas
Encyclopedia
Lex Talionis Fraternitas, Inc. Sodalitas Ducum Futurorum is an exclusive fraternal organization of Filipino
jurists, legal practitioners and law students founded on September 29, 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 Securities and Exchange Commission
granted the incorporation of the fraternity.
Active members are also present in the San Sebastian College-Recolletos
Institute of Law and the Far Eastern University
Institute of Law. Recruitment is by invitation only and exclusive to law students enrolled either at the San Beda College of Law
or the Ateneo de Davao
College of Law.
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 Ambassador
and National Labor Relations Commission
Chairman 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 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 Judexes collectively called "the Troika." The Troika was composed of Miguel Soriano, Rizal Guerrero, and Jose Mendoza. Mendoza currently sits as an Associate Justice of the Supreme Court of the Philippines
.
Later on, Francisco Acosta, future Justice of the Court of Appeals
and 2008 Bar
examiner in Legal Ethics and Practical Exercises, 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 Judexes, likewise takes an active part in the affairs of the fraternity and acts as the corporate Board of Directors. The Council is composed of past Grand Judexes, and is headed by a Chairman, who acts as the main adviser to the current Grand Judex. The current Chairman is Justice Francisco Acosta.
proposed to plant the seeds of Lex Talionis in the Jesuit-run 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 Alberto Sipaco Jr., would later be known as "the Triumvirate."
Duterte would later on serve as a long-time Mayor of Davao City
, while Babista became one of the distinguished entrepreneurs in the south. Sipaco, on the other hand, served as Regional Director of the Commission on Human Rights
in Region XI
.
The list grew longer as years passed by: Felicisimo Sagun (2nd Place, 1974); Spyros Osorio (9th Place, 1978); John Agbayani (18th Place, 1978); Willard Riano (20th Place, 1981); Timoteo Aquino (8th Place, 1988); Rene Tria (9th Place, 1988); Florencio Mamauag (16th Place, 1988); Samuel Dacayo (18th Place, 1989); Antonio Kho (10th Place, 1990); Albert Villaseca (11th Place, 1991); Emil Aquino (16th Place, 1995); Xerxes Cortel (16th Place, 1995); Dante Bravo (10th Place, 2001); and George Ortha II (9th Place, 2002)
In the landmark cases of In Re: Argosino (270 SCRA 26), In Re: Cuevas (285 SCRA 59), and 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 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."
On January 5, 2010, founding leader Jose Mendoza
was appointed to the Supreme Court by President Gloria Macapagal-Arroyo
. More than a year later, on August 16, 2011, President Benigno Aquino III
appointed Bienvenido Reyes
as the second Talion in the High Court. Prior to their appointment, Mendoza and Reyes were senior justices of the Court of Appeals. That left the first Grand Judex, Francisco Acosta, appointed December 14, 2006, as the lone member in the Court of Appeals.
Currently, two Talions are sitting as Justices of the anti-graft court Sandiganbayan. Gregory Ong was appointed by President Joseph Estrada
on October 5, 1998, while Rodolfo Ponferrada Sr. was appointed on August 23, 2004 by President Arroyo. Ong was a two-time Grand Judex, while Ponferrada was among the founding members.
The current president of the Philippine Judges Association, Antonio Eugenio Jr., is one of the senior members of the fraternity.
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
jurists, legal practitioners and law students founded on September 29, 1969 at the San Beda College of Law
San Beda College of Law
San Beda College of Law is the law degree-granting unit of San Beda College, a private, Roman Catholic college run by the Benedictine monks in the Philippines....
. A chapter in the Ateneo de Davao University
Ateneo de Davao University
The Ateneo de Davao University is a private and research Catholic university administered by the Society of Jesus in Southern Mindanao in the Philippines. It was established in 1948...
School of Law was established in 1974. In 1983, the Securities and Exchange Commission
Securities and Exchange Commission (Philippines)
The Philippine Securities and Exchange Commission is a Philippine state commission responsible for securities laws and regulating the securities industry. The SEC is an agency within the Philippine Department of Finance....
granted the incorporation of the fraternity.
Active members are also present in the San Sebastian College-Recolletos
San Sebastian College - Recoletos
San Sebastian College – Recoletos de Manila or commonly known by their nickname Bastê, is a Catholic institution of higher learning in the Philippines...
Institute of Law and the Far Eastern University
Far Eastern University
Far Eastern University in the University Belt area, West Sampaloc, City of Manila, is a nonsectarian, private university in the Philippines. Created by the merger of Far Eastern College and the Institute of Accounts, Business and Finance, FEU became a university in 1934 under the guidance of...
Institute of Law. Recruitment is by invitation only and exclusive to law students enrolled either at the San Beda College of Law
San Beda College of Law
San Beda College of Law is the law degree-granting unit of San Beda College, a private, Roman Catholic college run by the Benedictine monks in the Philippines....
or the Ateneo de Davao
Ateneo de Davao University
The Ateneo de Davao University is a private and research Catholic university administered by the Society of Jesus in Southern Mindanao in the Philippines. It was established in 1948...
College of Law.
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 Ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
and National Labor Relations Commission
National Labor Relations Commission (Philippines)
The National Labor Relations Commission is a commission organized by the Philippine government to resolve, investigate and settle disputes between employees and employers. The NLRC is a subsequent part of the Department of Labor and Employment where its policies and programs are coordinated...
Chairman 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
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 Judexes collectively called "the Troika." The Troika was composed of Miguel Soriano, Rizal Guerrero, and Jose Mendoza. Mendoza currently sits as an Associate Justice of the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
.
Later on, Francisco Acosta, future Justice of the Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
and 2008 Bar
Philippine Bar Examination
The Philippine Bar Examination is the professional licensure examination for lawyers in the Philippines.It is the only professional licensure exam in the country that is not supervised by the Professional Regulation Commission...
examiner in Legal Ethics and Practical Exercises, 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 Judexes, likewise takes an active part in the affairs of the fraternity and acts as the corporate Board of Directors. The Council is composed of past Grand Judexes, and is headed by a Chairman, who acts as the main adviser to the current Grand Judex. The current Chairman is Justice Francisco Acosta.
The Triumvirate and the Ateneo Chapter
In 1974, three members who hailed from the southern PhilippinesMindanao
Mindanao is the second largest and easternmost island in the Philippines. It is also the name of one of the three island groups in the country, which consists of the island of Mindanao and smaller surrounding islands. The other two are Luzon and the Visayas. The island of Mindanao is called The...
proposed to plant the seeds of Lex Talionis in the Jesuit-run Ateneo de Davao University
Ateneo de Davao University
The Ateneo de Davao University is a private and research Catholic university administered by the Society of Jesus in Southern Mindanao in the Philippines. It was established in 1948...
School of Law. With the blessings the Grand Judex, they established a chapter in the Ateneo. These three members, Rodrigo Duterte
Rodrigo Duterte
Rodrigo Roa Duterte Rodrigo Roa Duterte Rodrigo Roa Duterte (b. March 28, 1945 in Tagum City, Davao del Norte, Philippines is the current vice mayor of the city of Davao City, Philippines. He was first elected 1988 and reelected 1992 and 1995. In 1998, he ran for the House of Representatives and...
, Joel Babista, and Alberto Sipaco Jr., would later be known as "the Triumvirate."
Duterte would later on serve as a long-time Mayor of Davao City
Davao City
The City of Davao is the largest city in the island of Mindanao in the Philippines. Its international airport and seaports are among the busiest cargo hubs in the Philippines....
, while Babista became one of the distinguished entrepreneurs in the south. Sipaco, on the other hand, served as Regional Director of the Commission on Human Rights
Commission on Human Rights (Philippines)
The Commission on Human Rights is an independent office created by the Constitution of the Philippines, with the primary function of investigating all forms of human rights violations involving civil and political rights in the Philippines....
in Region XI
Davao Region
Davao Region / Southern Mindanao, designated as Region XI, is one of the regions of the Philippines, located on the southeastern portion of Mindanao. Davao Region consists of four provinces, namely: Compostela Valley, Davao del Norte, Davao Oriental, and Davao del Sur. The region encloses the Davao...
.
Bar Topnotchers
For a young fraternity, Lex Talionis has already produced a considerable number of topnotchers in the annual Philippine Bar Examinations. The first Talion Bar topnotcher was Alberto Serrano (17th Place, 1971); followed the following year by George Eduvala (3rd Place, 1972) and Felito Ramirez (7th Place, 1972).The list grew longer as years passed by: Felicisimo Sagun (2nd Place, 1974); Spyros Osorio (9th Place, 1978); John Agbayani (18th Place, 1978); Willard Riano (20th Place, 1981); Timoteo Aquino (8th Place, 1988); Rene Tria (9th Place, 1988); Florencio Mamauag (16th Place, 1988); Samuel Dacayo (18th Place, 1989); Antonio Kho (10th Place, 1990); Albert Villaseca (11th Place, 1991); Emil Aquino (16th Place, 1995); Xerxes Cortel (16th Place, 1995); Dante Bravo (10th Place, 2001); and George Ortha II (9th Place, 2002)
The Camaligan Incident
The fraternity went into controversy and criticism when neophyte Raul Camaligan died of physical injuries after his initiation rites on September 8, 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 In Re: Argosino (270 SCRA 26), In Re: Cuevas (285 SCRA 59), and In Re: Tuliao (B.M. No. 832), the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
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 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
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.On January 5, 2010, founding leader Jose Mendoza
Jose C. Mendoza
Jose Catral Mendoza is the 168th magistrate of the Supreme Court of the Philippines.- Legal career :A political science graduate of the University of the Philippines, Jose Mendoza took up his law studies in the San Beda College of Law where he led the establishment of...
was appointed to the Supreme Court by President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
. More than a year later, on August 16, 2011, President Benigno Aquino III
Benigno Aquino III
Benigno Simeon Cojuangco Aquino III , also known as Noynoy Aquino or PNoy, is a Filipino politician who has been the 15th and current President of the Philippines since June 2010....
appointed Bienvenido Reyes
Bienvenido L. Reyes
Bienvenido L. Reyes is magistrate of the Supreme Court of the Philippines.-Legal career:After finishing his pre-law at the University of Santo Tomas, Reyes took up his law degree at the San Beda College of Law where he, together with now fellow Supreme Court Justice Jose C. Mendoza, established the...
as the second Talion in the High Court. Prior to their appointment, Mendoza and Reyes were senior justices of the Court of Appeals. That left the first Grand Judex, Francisco Acosta, appointed December 14, 2006, as the lone member in the Court of Appeals.
Currently, two Talions are sitting as Justices of the anti-graft court Sandiganbayan. Gregory Ong was appointed by President Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
on October 5, 1998, while Rodolfo Ponferrada Sr. was appointed on August 23, 2004 by President Arroyo. Ong was a two-time Grand Judex, while Ponferrada was among the founding members.
The current president of the Philippine Judges Association, Antonio Eugenio Jr., is one of the senior members of the fraternity.