Dr. Atty. Noel G. Ramiscal was thrilled to get an invitation to do two lectures for the Integrated Bar of the Philippines (IBP) Chapter in Bulacan, for the Mandatory Continuing Legal Education (MCLE) seminars organized by the IBP National. In the morning (3 a.m.) of August 8, 2015, he set on the road from Calamba, Laguna to go to Malolos, Bulacan, to stave off the onslaught of any rain storm and traffic that might impede his reaching the Hiyas ng Bulacan Convention Center, Balagtas Hall, on time. As it turned out, he was early and was able to catch the informative lectures of Atty. Ted Villanueva.
Dr. Atty. Noel G. Ramiscal IBP Bulacan MCLE Lecture August 8, 2015 on Social Media
For his first lecture, Dr. Ramiscal apprised the attendees of several trends in the usage of social media in the legal arena. IT savvy lawyers from both sides of the fence can utilize social media evidence to devastating effect. Social media data is utilized now to identify witnesses, as smoking guns in criminal cases, to establish motive, opportunity, and state of mind of an accused, to determine the proper sentence of a convicted felon and to monitor for parole or probation violations. Defense counsel can use evidence from Facebook to find exculpatory evidence or material to impeach a witness.
Dr. Atty. Noel G. Ramiscal emohasizing a point in his August 8, 2015, IBP Bulacan, MCLE Lecture on Social Media
Social media is becoming quite valuable in family law, particularly custody proceedings where the fitness of the parents is the most crucial issue. For example in one case, a mother admitted in her MySpace entries that she engages in sado-masochism and uses drugs and will use drugs when her daughter would be asleep. In several cases, some parents have maintained several social media accounts with conflicting views about their parental responsibilities. One mother had a MySpace account which claimed she is a fulfilled wife and mother of beautiful children, and another MySpace account wherein she held herself as single and not desiring children. One father’s parental rights were terminated by the court where social media evidence was presented evidencing his infidelity and not wanting to have any children.
Social media data is also mined in labor cases, particularly in unlawful terminations and discriminations brought against employers by their employees. In one case brought against the famous coffee chain Starbucks, the illegal dismissal and sexual, racial and religious discrimination charges brought about by a female employee was dismissed due to the postings of the employee in her MySpace accounts like this one: “Starbucks is in deep sh[#]t with GOD!!! … I thank GOD 4 pot 2 calm down my frustrations and worries or else I will go beserk [sic] and shoot everyone ….”
In the Philippine context, Dr. Ramiscal brought to the attention of the lawyers the human rights case brought against the former Philippine President Gloria Macapagal Arroyo, and certain government officials concerning the alleged abduction and disappearance of Jonas Joseph T. Burgos. The Supreme Court tasked the Commission on Human Rights to report anew its factual findings and recommendations to the Supreme Court on this case because the Supreme Court found the previous investigation by the PNP-CIDG, by the AFP Provost Marshal, and even by the CHR had been less than complete. This time around, evidence from Facebook surfaced in connection with the identification of some of the alleged military abductors of Burgos. The PMA BATCH SANGHAYA 2000 had a Facebook account that is open to the public which contained 244 PICTURES. This Facebook account was unearthed as a Google search was conducted on the alleged identified abductors, and the name of one of them. A witness was shown the photos in the Facebook account and he identified two of the persons there as the alleged abductors of Mr. Burgos.
These and other developments in social media discovery were tackled by Dr. Ramiscal before a lively and supportive audience that included Attys. Tricia Santos and Fame Cruz (who scored the winning word “portmanteau”!).
Dr. Atty. Noel G. Ramiscal receiving the Certificate of Appreciation from the IBP Bulacan Pres. (Atty. Artico) and officers, August 8, 2015
Dr. Ramiscal was elated to find out that some of his schoolmates in the University of the Philippines Law School are doing prosperously well in Bulacan, including Atty. Pinky Bartolome, a bona fide thespian and the past president of the IBP Bulacan Chapter, and Atty. Francine Longid, another “artista” in the UP bunch. He was quite pleased to meet and chat with the current IBP Bulacan Chapter President, Atty. Arni Topico, and some of the officers and members, including Attys. Bobby Cruz and Samonte (who graciously lent his car and chauffeur to drive Dr. Ramiscal and his mother to the bus depot). One thing he learned about the Bulacan lawyers is their Passion for Service and Justice. Many of them (including Attys. Bartolome, Longid and Topico) are involved in international pro bono advocacies.
Dr. Atty. Noel G. Ramiscal raising the Cup of Excellence for the IBP Bulacan Lawyers August 8, 2015
Dr. Ramiscal is quite grateful to all the IBP Bulacan officers and members for their generousity and the wonderful “pasalubongs” like the sumptuous Rosalie’s pinipig suman, Minasa, guyabano drink, and certainly one of the best tasting beefsteaks that Dr. Ramiscal tasted, from the Hapag restaurant [VEECS Catering Service], and the unparalleled “asikaso” of the IBP National staff including Ms. Arguson and Ms. Aida.
This was truly a wondrous and amazing point in the cyberlaw advocacies of Dr. Ramiscal.
To the over 1,000 strong members, a Grand Salute to the “Bulacan Lawyers(’) Unlimited Excellence”!
Philippine Law Bytes: TheCyberLawyer Issues by Dr. Attorney Noel Guivani Ramiscal 