What I need is a good defense ’cause I’m feelin’ like a criminal, and I need to be redeemed to the one I’ve sinned against… – Criminal by Fiona Apple
I couldn’t help but keep on relating what transpired during our most recent class.
My friday class is my most awaited, not that it has anything to do with our subjects for that day, but it rather indicates that the week is almost over. And finally, I can go home, spend time with Paula, and complete a normal sleep cycle.
What I was expecting on this recently concluded friday was less pressure, so I didn’t make much effort the previous day. If you knew what happened the days before, you’d be convinced that I was justified for taking a short leave from studying. For my Statury Construction class, there were four people that should report before me. And because I was such a crammer, I never took time to read my case assignments while they were already more than 6 weeks waiting for me. I was confident on the basis of Father Ferrer’s pacing of the discussion wherein he usually makes introduction of the case first before calling the attention of the next reporter. But maybe because he was absent on our last meeting due to the Bashang, he made his introductions short and the cases presented were abnormally short, or the reporters are simply getting the hang of it that they almost mastered their assignments. Halfway through the class, the fact that our blockmate one person ahead of me had began reporting awakened my sleepy state. I was so scared because it would soon be me and I haven’t even read any of my cases. And f***, I didn’t even have my materials with me. It was an uneasy situation, I was concentrating and thinking how I was going to explain myself to my professor. Desperate, I asked a pal to pass a note to the person who’s about to report before me to slow down. Fortunately, the bell came soon after. I was close.
As you would see, I was called to recite for my Consti class last Monday. And following a normal course, I shouldn’t be called again anytime within the week because that left more than half of the class as candidates. Father B. has an established reputation of ‘normally’ following a certain order, although he occasionally makes minor cuts in our classcard deck. But this time, before he called up the first person, he made a minor cut which excused a few fellows from being called that day. So there was like a fast forward as a consequence, and increased the possibility of me being called. My heart was pounding hard thirty minutes before the time, and I was seven persons away then. Just when the person directly before me finished reciting, the bell saved me again.
On our last class, I became more confident. I did read a few the other night just to help me get through with the assignment for the weekend. Our professor for Criminal Law follows the normal way of calling people to recite — that is, random. He makes cuts every now and then so you always have to be prepared. But because I was called to recite on Thursday, I presumed he wouldn’t pick my classcard. On two consecutive times? It’s possible but highly improbable because there are more than 50 of us in the block and an hour can only accommodate about 10-15 people because we need to define terms, recite provisions verbatim, be cross-examined on hypothetical cases, and what-not. Again, I recited the previous day, and it was even a tragedy for me.
Let me tell you the Thursday incident. So there I was asked to agree or disagree whether a woman can make a defense that she suddenly blocked out and killed her husband, invoking ‘temporary insanity’ as an exempting circumstance. There was nothing in the book about temporary insanity so I was caught off guard. Because of his so many questions, I resolved to finally say that there is no such a thing as temporary insanity as you can only be either insane (be it permanent or intermittent) or not, as insanity is defined as the total deprivation of intelligence. He asked if that situation would fall in any of the mitigating circumstances, which is on the next chapter of the book that I did not read yet. Before the class, though, I took some effort to memorize the mitigating circumstances just in case. It was good but not great enough to make me confident enough to recite — heck, there are 10 of them, btw. And since then he was asking about the mitigating circumstances, I didn’t get the follow-up questions and thought he wanted me to enumerate. We were in some debate so I apologized that I thought he was asking me to enumerate, so he said, “then go ahead, ENUMERATE.” I recited Article 13 of the Revised Penal Code with all the 10 mitigating circumstances. I didn’t even think that I’d make it to the last paragraph, but I did, luckily. Then he called someone else. I was not satisfied with my recitation so I thought I should redeem myself next week if I’d get lucky.
After such fateful day, who would think I’d be called upon again? But I was called on Friday. We were back on exempting circumstances and he was asking whether the pointing of a gun or a knife during a bank robbery would constitute an uncontrollable fear or an irresistable force. Three persons before me answered that it is an uncontrollable fear because there was no physical force but only threat. He was happy that finally one person disagreed when he called me. So I explained that because the person is using a weapon such as the gun or the knife, there is no other way that it can get further to be considered an irresistable force. So that mere pointing is already an irresistable force. I furthered that the moment the person inflicts an injury on me, there is no way I can prevent the injury from happening because it has been done, so there is no opportunity for an act to be an exempting circumstance to occur. He asked for an example of an uncontrollable fear so I can differentiate it from my definition of irresistable force. I gave a hypothetical situation that I was supposedly working on a pawnshop, someone called me on my phone asking me to steal a particular jewelry or else he’d kill my parents to whom he was already pointing a gun. That person let me speak to my parents to confirm their situation which convinced me of the necessity of complying with that person’s order. My professor even made a joke that I should have asked my mother where my birthmarks are located so I can really verify that they are not some other people. I said I couldn’t have asked further questions because I was dominated by fear and I could already tell by their voice that they were indeed my parents. After the funny remarks and laughing, he finally said, “Okay, let’s divide the class,” and put the question to a vote between me against the other three. I was somehow redeemed that most of the class sided with me against less than five people who voted in favor of ‘uncontrollable fear.’ It was a relief, although he left the issue hanging.
He shuffled the cards and called a few more people, and then suddenly it was me again. Two times, seriously? It was the call of the cards that he apologized for my misfortune. So he put me again on trial and asked me to compare justifying circumstances, exempting circumstances and absolutory causes. He did not ask further questions after giving my answers, maybe out of pity or out of logic that it would deprive opportunity for other people to recite and make their grades.
What a day. At least I was ‘somehow’ redeemed.
———–
*Don’t be misled. I don’t think there’s a provision in the Revised Penal Code that allows criminals to be ‘redeemed’. Hahaha. This is just for literary purposes and should be interpreted as such. Remember that I am not a legal authority (yet).