Lex Talionis Fraternitas

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Lex Talionis Fraternitas
Lex Talionis Fraternitas logos.png
The eagle logo (left) represents Ateneo de Davao University. The lion logo (right) represents San Beda University.
FoundedSeptember 29, 1969;55 years ago (1969-09-29)
San Beda University
Type Professional
AffiliationIndependent
StatusActive
EmphasisLaw
ScopeNational (PH)
MottoLoyalty, Service, Excellence, Superiority
Colors  Black,   Red,   Gold
Chapters2
NicknameLex Talionis
Headquarters San Beda University
Manila
Philippines

The Lex Talionis Fraternitas, Inc. (Sodalitas Ducum Futurorum), commonly known as Lex Talionis, is a fraternal organization of Filipino jurists, legal practitioners, and law students. It was founded on September 28, 1969, at the San Beda College of Law.

Contents

History

The Lex Talionis Fraternitas was founded on September 29, 1969, by 35 students of the San Beda College of Law.

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

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 the members' favorite bar near San Beda. Martinez was also 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. Miguel Soriano, Rizal Guerrero, and Jose 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, only a single Grand Judex has been elected for a fixed term. [1]

In 1974, a chapter in Davao City was founded by Joel Babista, Rodrigo Duterte, and Alberto Sipaco Jr. in Ateneo de Davao College of Law. The three are also known as the "Triumvirate." [2] 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.

In 1983, the Securities and Exchange Commission granted the incorporation of the fraternity.

Symbols

The fraternity takes its name from Lex Talionis, which 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. [1]

The secondary name, Sodalitas Ducum Futurorum is Latin for "solidarity of future leaders."

Its colors are black, red, and gold. Its motto is "Loyalty, Service, Excellence, Superiority".

Membership

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.

Organization

The head of the fraternity is called the Grand Judex. He is selected in secret by all members present in an 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, composed of Miguel Soriano, Rizal Guerrero, and Jose Mendoza. Later on, Francisco Acosta, was elected as the first Grand Judex. [3]

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.

Chapters

Following is a list of Lex Lalionis chapters. Active chapters are indicated in bold.

ChapterCharter dateInstitutionLocationStatusReferences
AlphaSeptember 29, 1969 San Beda College of Law Manila, PhilippinesActive
Beta1975 Ateneo de Davao University School of Law Davao City, PhilippinesActive

Controversies

Death of Raul Camaligan

On September 8, 1991, fraternity neophyte Raul Camaligan died of physical injuries sustained from initiation rites with Lex Talionis. Records of the criminal case show Camaligan, along with three other freshmen from the San Beda College of Law, were recruited with the assurance that hazing would not be required for full membership. [4]

Eight members were indicted for homicide before the Regional Trial Court of Quezon City. Upon re-arraignment, they withdrew their earlier plea of not guilty and pleaded guilty to the lesser offense of reckless imprudence resulting in homicide, effectively lowering the penalty to a minimum of two years and a maximum of four. The Grand Judex at that time, Roger Madamba, while not present during Camaligan's initiation, also admitted to the offense. The members were convicted, but later on applied for and were granted probation.

One of the convicted members, Rufino Quitasol Jr., fled the country without serving his sentence. [5]

In three separate landmark cases, the Supreme Court allowed the members involved in Camaligan's death to take the bar examinations, take the lawyer's oath, and engage in the practice of law. [6] [7] [8] In granting these petitions, the Court took judicial notice of "the general tendency of youth to be rash, temerarious and uncalculating." [5] Additionally, the petitioners submitted evidence that a scholarship foundation in honor of Raul Camaligan was established in 1995 by the fraternity members. [9]

However, in 2017, an investigation by the Philippine Daily Inquirer revealed that no such foundation was ever established and no scholars were registered under its name, according to the records of San Beda College. [5] Gilbert Camaligan, Raul's father, further condemned the fraternity's silence after 25 years, and claimed the organization is "not a good example for young people." [5]

Appointments under the Duterte administration

During the presidency of Rodrigo Duterte, a disproportionate number of fraternity members were appointed to key government positions, prompting concerns of political favoritism and nepotism from political watchdogs and civil society groups. [10] [11] [12] Within the first year of Duterte's presidency, 25 members of Lex Talionis held key positions in the government, up from just two during the previous administration. [13]

In 2021, Duterte admitted the appointments were motivated by utang na loob (debt of gratitude), but defended his decisions by claiming he has the executive prerogative to appoint people he "know[s] and trust[s], just like other presidents before me." [14]

Notable members

Rodrigo Duterte, 16th president of the Philippines President Rodrigo Duterte portrait (cropped).jpg
Rodrigo Duterte, 16th president of the Philippines

See also

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References

  1. 1 2 Señeres, Roy (2000). "History of the Lex Talionis Fraternitas". History of the Lex Talionis Fraternitas.
  2. ↑ "Lex Talionis must serve more Filipinos in need, President Duterte tells fraternity in its 50th anniversary".
  3. ↑ "Court of Appeals". ca.judiciary.gov.ph. 2012-06-28. Retrieved 2012-08-20.
  4. ↑ "Administrative Order No. 69" (PDF). Official Gazette of the Philippines. July 22, 1993.
  5. 1 2 3 4 Zamora, Fe (2017-02-05). "The promising Mr. Argosino". INQUIRER.net. Retrieved 2023-02-20.
  6. ↑ "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.
  7. ↑ "Petition to take the Lawyers' Oath by Arthur M. Cuevas: BM 810 : January 27, 1998 : J. Francisco: En Banc". sc.judiciary.gov.ph. Retrieved 2012-08-20.
  8. ↑ "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.
  9. ↑ Padilla, J. (March 19, 1997). "RE: PETITION OF AL ARGOSINO TO TAKE THE LAWYERS OATH".
  10. ↑ Zamora, Fe (2017-05-21). "Bond of brothers: Lex Talionis frat members get key gov't posts". INQUIRER.net. Retrieved 2023-02-20.
  11. ↑ "Form committee to vet new Comelec chair, watchdog urges Duterte". RAPPLER. 2022-01-13. Retrieved 2023-02-20.
  12. ↑ Villaruel, Jauhn Etienne (November 11, 2021). "Duterte picks another frat brother as new Comelec commissioner". ABS-CBN News.
  13. ↑ "A list of Lex Talionis members in gov't". Abogado. May 23, 2017.
  14. ↑ Punzalan, Jamaine (August 31, 2021). "Duterte cites 'utang na loob' to ex-DBM exec facing Senate probe". ABS-CBN News.
  15. 1 2 3 4 5 6 7 8 9 Zamora, Fe (2017-05-21). "Bond of brothers: Lex Talionis frat members get key gov't posts". INQUIRER.net. Retrieved 2022-04-03.
  16. ↑ Zamora, Fe (2017-05-21). "Bond of brothers: Lex Talionis frat members get key gov't posts". INQUIRER.net. Retrieved 2022-12-31.
  17. 1 2 "Duterte's fraternity brothers guilty of plunder in P50-M immigration bribery case". RAPPLER. 2021-06-25. Retrieved 2023-02-20.
  18. ↑ "PRC Welcomes New Commissioner | Professional Regulation Commission". Republic of the Philippines. 15 March 2022. Retrieved December 31, 2022.
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