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Lex Talionis Fraternitas

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Lex Talionis Fraternitas, Inc. Sodalitas Ducum Futurorum is an exclusive fraternal organization of Filipino jurists, legal practitioners, and law students founded on September 28, 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.

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.

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.

It means that should a brother Talion lose an eye, the Lex Talionis shall see to it that that eye is replaced with a new one so that he may clearly see and live normally. Should a brother Talion suffer a misfortune of any kind, it shall be a must for all the Talions to unite and pool their resources together to help that Talion, so that he may rise and stand on his own two feet again as long as he lives. Over the years for instance, the LTF has never failed to assist its members in their academics during their study of law and in their preparations for the bar examinations through bar operations.[1]

The secondary name, Sodalitas Ducum Futurorum is Latin for Solidarity of Future Leaders.

The Grand Judex and the Troika

Lex Talionis was founded in the San Beda College of Law in 1969.

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 a purpose.

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 is the 168th Associate Justice of the Supreme Court of the Philippines.

Later on, Francisco Acosta,[2] retired 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, and 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.

History

The Lex Talionis Fraternitas was founded on September 29, 1969 by 35 students of the San Beda College of Law. Most of the founders were in their third year in the college. The rest were in their second and first years.

The names of the founders - otherwise known as the Lions by virtue of their batch name - are as follows: Cesar M. Albano, Victoriano Aquino, Nilo B. Barzaga, Andre Burgos, Larry Castillo, Abelardo A. Climaco Jr., Nehemias A. Curioso, Roque de Guzman, Arturo S. Diaz, George A. Eduvala, Octavio S. Goco, Rizal B. Guerrero, Antonio P. Hermosilla, Toribio Ilao Jr., Arturo C. Jarabata, Ramon R. Legaspi, Dagoroan Macarambon, Porfirio Mah, Cresencio I. Maliwat, Rolly Marcos, Domingo Maristela, Policarpio P. Martinez, Napoleon Matienzo, Jose C. Mendoza, Rodolfo A. Ponferrada, Felito S. Ramirez, Ernesto P. Ramos, Bienvenido Reyes, Manuel S. Reyes, Roy V. Seneres, Alberto B. Sipaco Jr., Miguel P. Soriano, Voltaire Trinidad, Danilo D. Valdez and Lucas Vidad.

Some of the founders of Lex Talionis Fraternitas. c. 2020

Founder Policarpio Martinez and six other founders were requested to write the draft of the fraternity's constitution and by-laws. After a brief debate, the founders approved the document and sealed it with a sprinkling of beer in the afternoon of September 28, 1969 at their favorite watering hole not far from their school. Founder Martinez was tasked to take custody of the document.

One of the salient features of the Constitution and by-laws was the Troika. It was decreed that the fraternity be ruled by a triumvirate of Grand Judexes. Founders Soriano, Guerrero and Mendoza were unanimously elected and proclaimed as the first Grand Judexes of the Troika of the Lex Talionis Fraternitas. After a year, the triumvirate of Grand Judexes decided to scrap the Constitution and by-laws. They also abolished the Troika for faster and easier manageability of the fraternity. Their decision was overwhelmingly endorsed by the members in a meeting that was called for the purpose. Since then and to this day, only a single Grand Judex is elected for a fixed term and he is guided, in the absence of a constitution and by-laws, by customs and traditions that have evolved over the years.[1]

A chapter was founded in 1974 in Ateneo de Davao University College of Law

In 1974, a chapter in Davao City was founded by Atty. Joel Babista, Atty. Rodrigo Duterte, and Atty. Alberto Sipaco Jr in Ateneo de Davao College of Law. The three are also known as the "Triumvirate".[3] From then on, another Grand Judex was periodically elected by the members from the Ateneo de Davao College of law. The Grand Judex for the Ateneo de Davao chapter is coequal to that of the Grand Judex for the San Beda chapter. Each Grand Judex exercises absolute authority over their respective chapters.

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. The Grand Judex at that time, Roger Madamba, while not present during Camaligan's initiation, admitted to the offense. They were convicted but later on applied for and were granted probation.

In the landmark cases of In Re: Argosino (270 SCRA 26),[4] In Re: Cuevas (285 SCRA 59)[5] and In Re: Tuliao (B.M. No. 832)[6] has allowed the members involved in the crime 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."

Notable members

References

  1. ^ a b Señeres, Roy (2000). "History of the Lex Talionis Fraternitas". History of the Lex Talionis Fraternitas.
  2. ^ "Court of Appeals". ca.judiciary.gov.ph. 2012-06-28. Retrieved 2012-08-20.
  3. ^ "Lex Talionis must serve more Filipinos in need, President Duterte tells fraternity in its 50th anniversary".
  4. ^ "Petition of Al Argosino to take the lawyer's oath : BM 712 : March 19, 1997 : J. Padilla : En Banc". sc.judiciary.gov.ph. Retrieved 2012-08-20.
  5. ^ "Petition to take the Lawyers's Oath by Arthur M. Cuevas : BM 810 : January 27, 1998 : J. Francisco : En Banc". sc.judiciary.gov.ph. Retrieved 2012-08-20.
  6. ^ "In Re: Matter of Admission to the Bar and Oath-Taking of Successful Bar Applicant Tuliao et al. : BM 832 : November 27, 2001 : per curiam : En Banc". sc.judiciary.gov.ph. Retrieved 2012-08-20.
  7. ^ https://www.prc.gov.ph/article/prc-welcomes-new-commissioner/5512#:~:text=Erwin%20M.,position%20on%20March%209%2C%202022. {{cite web}}: Missing or empty |title= (help)CS1 maint: url-status (link)
  8. ^ a b Zamora, Fe (2017-05-21). "Bond of brothers: Lex Talionis frat members get key gov't posts". INQUIRER.net. Retrieved 2022-04-03.
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