Friday
Bar Site shall be the same!
Thursday
Feast of Saint Augustine
-Tata Usteng
Saint Augustine of Hippo
13 November 354 - 28 August 430
Tuesday
Bar Ops banned!
Radio reports on Wednesday said Manila Mayor Alfredo Lim’s action was prompted by the call of Supreme Court Deputy Clerk and Bar Confidant, Ma. Cristina Layusa, to the city government to stop issuing permits to bar ops organizers.
The activities have been the tradition of school organizations and fraternity groups to demonstrate their support for bar examinees. Organizers put up tents, use loud sound systems and create other forms of hoopla, including partying on the streets.
According to Layusa, these activities snarl up traffic, making it hard for both commuters and examinees to pass by the exam venue. She added that in the past bar ops, some streets along Taft Avenue have been closed to accommodate the supporters.
The report said secretary to the mayor Rafaelito Garayblas has tasked Supt. Roberto Rosales, Manila Police Director, to enforce the ban.
The Philippine Bar Examination is the national licensure exam for the admission to the practice of law. It is conducted during the four Sundays of September of yearly.
The 2008 Philippine Bar Examinations will be held at the De La Salle University on Taft Avenue, Manila, on September 7, 14, 21 and 28 from 8 a.m. to 5p.m. - GMANews.TV
Monday
Prayer to Saint Thomas More - Patron Saint of Lawyers
PRAYER
Thomas More, Counselor of law and statesman of integrity, merry martyr and most human of saints:
Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul.
Sunday
blsht jstce systm! alwys lckng!
Thursday
Are we really worth dying for?
Nakakalungkot isipin, na ang henerasyong higit na nakinabang sa kanyang pagkamatay, ang siya mismong makakalimot kung bakit nga ba nagbuwis ng buhay ang lalaking naalala na lamang bilang "nakahalumbaba sa P500" at "Ama ni Kris".
Nakakahiya man ito, subalit ang katotohanan ay tunay na nakaririmarim. Tila totoo na natatabunan ng paglipas ng panahon ang mga kasalanan ng nakalipas, ang mga pangyayari ng nakaraan at ang mga alaala ng sinaunang panahon. Tila magagaya narin si Ninoy kina Andres, Jose, Melchora at Emilio, na dinaraanan natin sa mga pampublikong bantayog at plasa, hindi pinapansin at tila walang nais umalala sa kanilang kabayanihan. Sabi nila, madaling makalimot daw ang mga Pilipino.
Mukhang totoo. Totoong totoo! Balikan natin ang nakaraan.
Noong dumating ang mga Kastila sa ating bansa, dumaong sila sa ating bansa dala ang alindog ng relihiyon, sa likod ng bangis ng baril. Subalit, bukas kamay pa rin natin silang tinanggap. Nilapastangan ang ating kalayaan, kinamkam ang ating likas yaman, binastardo ang ating kasaysayan at kinaumbabawan ang ating lahi't pagkakakilanlan, pero lubos pa rin nating niyakap ang kanilang pananamantala. May mangilan-ngilang nangahas na lumaban, pero kapwa Pilipino rin ang pumuksa dito. Ginamit lamang ng mga Kastila ang pagkakawatak-watak ng ating salita laban sa ating kapwa mga api.
Pero, lahat ng bagay ay may sukdulan. Nang ibintang sa tatlong paring martir ang sisi dahil sa isang hindi matagumpay na pag-aalsa ng mga sundalo sa Fuerza San Felipe ng Cavite, unti unting nabuhay ang makabayang damdamin ng mga Pilipino. Sa pagkamatay ng GOM-BUR-ZA, sumobra na ang mga mapaniil na Kastila at ito ang naging binhi para sa mas malawak na Himagsikan ng Bayang Pilipinas. Papalakas, papalawak at papalaban! Tuloy tuloy ang pagkapanalo ng ating mga mandirigma.
Pero dahil sa pagtataksil ng ilan at ang hindi magkaparehong adhikain ng mga masa at ilustrado, humina ang lakas ng ating panawagan. Nagbunsod ito sa sunod sunod ang pagkatalo ng ating mga puwersa. Dahil dito, pumayag ang mga oportunistang pinuno ng Rebolusyon na makipagkasundo sa mga dayuhan at magbaba ng armas. Sila ay ipinatapon sa Hong Kong bilang kaseguruhan na hindi na muli mag-aaklas ang mga Pilipino. Ayon sa ating mga lider, ito raw ang magiging daan para mas umunlad ang mga mahihirap sa ating bayan. Maganda sana ang kanilang kagustuhan, subalit hindi nila isiniwalat na ang kapalit ng kanilang pagsuko ay ang kaseguruhan na hindi kukunin sa kanila ang mga malalaking lupain na kanila ngayo'y pinagkakakitaan.
Ganyan din ang nangyari noong ang mga Amerikano naman ang ating mga nakasagupa. Sa pamamagitan ng pangako na tutulungan tayo laban sa mga Kastila, naniwala tayo silang aakay sa atin tungo sa matimyas na kalayaan. Sa una'y binigyan pa tayo ng armas para panlaban sa mga Kastila. Huli na ng malaman natin ang kanilang panlilinlang at ang usapan sa pagitan ng dalawang konkistedor. Manifest Destiny ang isinagot nila sa ating hangaring busilak tungo sa ganap na kalayaan. Iniatas nila sa kanilang sarili na ililigtas daw tayo sa kamangmangan at bibigyan daw tayo ng sibilisasyon. Kailangan daw nila tayong "i-Christianize", ito ay kahit tayo ang isa sa pinakamalaking bansang Katoliko sa Asya. Dahas at edukasyon ang naging paraan nila para makuha tayo madagit muli sa kuko ng pagka-alipin.
Dahil dito, nagbuhat na naman ng armas ang Pilipino. Subalit, hindi ito sinuportahan ng mga ilustrado. Nakipagkasundo at tumanggap ng posisyon sa pamahalaang itinatag ng mga bagong manunupil. At nang mahuli si Emilio Aguinaldo, sumuko siya at sumumpa ng katapatan sa bansang Amerika. Sa kalaunan, unti-unti na ring sumuko ang ating mga kababayan na lumaban, at tahimik na tinanggap na lamang ang pamumuno sa kanila ng mga Amerikano.
Pumayag tayong magpasailalim sa mga Amerikano. At dahil tayo ay isang kolonya ng bansang Estados Unidos, sinugod tayo ng mga Hapones noong Ikalawang Digmaang Pandaigdig. Buong giting na lumaban ang sundalong Pilipino at Amerikano. Naging banyag ang mga lugar na Bataan at Corregidor bilang bantayog ng kalayaan sa Asya. At ng matapos ang giyerang wala naman tayong kinalaman, halos kalahating milyon ang namatay, at milyon-milyon pa ang naghirap dahil sa kaganapan. Ang Maynila ang pangalawang pinaka-nasirang Capital City pagkatapos ng Warsaw, Poland. At ang ating bayan ay bumalik muli sa umpisa ng kawalan.
Sa hinaba-haba ng aking isinulat, isa lamang ang aking katanungan... "Naalala mo ba ang mga kaganapang ito???"
Kung hindi mo na ito naalala, maari nga ito sapagkat medyo matagal tagal na rin ang mga kaganapang ito. Kung ikaw ay hindi rin nakapagtapos ng pag-aaral, o kaya man ay walang hilig sa pagbabasa tungkol sa kasaysayan ng ating bansa noong ikaw ay nasa paaralan pa. Malamang ay katuwiran mo lagi ay hindi ka pa naman pinanganganak noong nangyari iyan, at patay na rin naman ang mga taong nababanggit, kung kaya't ano pa ang silbi na pag-aralan natin sila.
Pero ang malapit na nakaraan, nakalimutan mo na rin kaya? O gusto mo na lamang talagang limutin?
Naalala mo pa ba ang Giyera sa Korea at Vietnam? Ang ekonomikal at pulitikal na krisis noong 1970's? Ang Sigwa sa Unang Kwarto? Ang libu-libong taong nasa lansangan? Ang Pambobomba sa Plaza Miranda? Ang Batas Militar? Naalala mo pa ba ang mga ito? O pilit nalang nating kinakalimutan?
Sa panahong iyan nabuhay si Ninoy - ang lalaking naalala na lamang natin ngayon bilang "nakahalumbaba sa P500" at "Ama ni Kris".
Sa sanaysay na isinulat ni Jose Rizal sa La Solidaridad, kanyang sinabi "La muerte del Justo santificó su obra é hizo su doctrina incontrovertible." Ang pagkamatay ni Ninoy ang naglunsad sa libu-libong tao na magprotesta laban sa kalabisan ng rehimeng Marcos. Ang kanyang pagbubuwis ng buhay ang nagbigay lakas sa kanyang mga hangarin. Hindi natakot ang taong mamatay, sapagkat kasama nila si Ninoy.
Pero hindi ba mas mahalaga na maging batayan ang talambuhay ng isang di kilalang Katipunero, ng isang mamamayan na nagpahayag ng kanyang kalooban sa lansangan, ng isang taong nag-aaral tungkol sa kalagayan ng lipunan, at ng sama-samang namulat ang taong bayan sa kanilang angking kakayahan ng ipagbago ang ating bansa.
Kung hindi mo na naaalala ang mga pangyayaring iyan, o kaya ang mga nagawa ni Ninoy, kawawa naman siya. Pero sana ay huwag natin kalimutan ang dahilan kung bakit kinikilala natin ngayon si Ninoy. Ngunit, tila mas mahalaga na tunguhin natin ang isang mayamang kalipunan ng karanasan ng karaniwang mamamayan.
Friday
SIMECO - May Liwanag ang Buhay
"Be not afraid of greatness: some are born great, some achieve greatness and some have greatness thrust upon them."
Saturday
Criminal Procedure - Midterms
MID-TERM EXAMS, FEU
AUG. 9, 2008
1.A. Define criminal jurisdiction of the Courts.
B. Distinguish criminal jurisdiction from venue in criminal cases (10 pts.)
2. Explain Doctrine of Adherence of jurisdiction and illustrate (10 pts.)
3. State the rule on interruption of the period of prescription of the offense (10 pts.)
4.A. What is a crime that cannot be prosecuted de oficio;
5.A. An accused is charged in one Information for assaulting 3 persons by different acts while they were asleep. Is the Information duplicitous? Justify.
6. X is charged with Estafa for failure to remit to Y sums of money collected by him (X) from Y, and instead, X deposited the money in his personal bank account. X filed a Motion to Suspend the proceeding pending resolution of the civil case earlier filed by him in court against Y for accounting and damages, involving the amount subject of the Estafa case. Is there a prejudicial question? Justify (20 pts.)
7. X was convicted of serious physical injuries inflicted Y. He appealed but during the pendency of his appeal, he died.
A. What is the effect of Y's death on his criminal liability?
B. What is th effect cf his death on his civil liability based solely on his crminal act?
D. What is the effect of his death if in the cnminal case, Y did not make necessary reservation to file separate civil action for damages?
Explain your answer (25 pts.)
Friday
Beijing Olympics 2008
Just my utmost wishes for good luck for 2008 Filipino Olympians! Go for the Gold!
Mabuhay ang Atletang Pilipino!
Thursday
Alternative Dispute Resolution - Midterms
I. True of False: Just write down the number, then your answer. Do not include any reason or argument.
1. Court referred mediation is not legally feasible because, once a case were filed in court, the
court can only refer the parties to court annexed mediation.
2. Parties to a contract cannot include an ad hoc mediation clause because no viable default rule was provided by Republic Act No. 9285.
3. Parties to a domestic contract cannot enforce an arbitration clause in their contract because, to date, the joint legislative oversight committee created by Republic Act No, 9285 has not yet issued the implementing rules and regulations and the Supreme Court has not yet issued any rule of court in the instances when courts may he involved in arbitration.
4. The provisions of Republic Act Ng. 9285 allow contracting parties to stipulate that any dispute arising out of their contract can only be resolved through litigation as the latter term is understood under the law.
II. Instructions: Briefly explain your answers to the following questions. DO NOT USE MORE THAN FIVE LINES.
5. A management group disseminated a circular to its members with the following passages:
" To strongly advocate to our members to state in all contracts a clause specifying that ' in case of any dispute as a result of this contract, the case shall he referred to mediation, prior to arbitration or litigation. ' "
If you were counsel for a member company, and assuming that you are favorably inclined to the use of ADR and arbitration in resolving disputes, would you recommend the inclusion of the clause? Why?
06. A domestic contract contains the following dispute resolution clause:
“Any dispute arising out of this contract shall be referred to arbitration
A dispute arose and a party made a request for arbitration. You are counsel for the respondent and your client instructed you to try to evade the arbitration clause. How will you carry out your client's instructions? Explain.
III. Discussions
07 Discuss the concept of party autonomy in resolving private disputes between private parties.
08. Briefly explain the steps in exercising party autonomy in the resolution of private disputes?
09. May the exercise of party autonomy in the resolution of disputes help in solving the problems of the judiciary, particularly the latter’s docket problem? Explain.
10. Distinguish independent consent from derivative consent. Illustrate by giving an example.
Good luck!
Wednesday
Top 10 Living Persons I want to personally meet and shake hands
Tuesday
Robbery Hold-up Part 2
I forgave the person who in my utmost belief is the perpetrator of the dastardly act that surely would have taken my life if I resisted the demands of the holdupers. I went to the Office of the Chief Inquest Prosecutor of Manila, filed an Affidavit of Desistance, paid P500 for that, and gave a copy of the signed document plus the receipt to the mother of the boy. I already erased from my memory their names, but their faces are still clear to me. I just saw the mother last week, while on my way home. Of course I did not bother to wave at her, and I think that she will not wave back at me, or so I may think.
Monday
Judicial Activism - SC issues TRO on GRP-MILF MoA and forms 3-man Panel on CA Bribery Scandal
INQUIRER.net
First Posted 13:30:00 08/04/2008
MANILA, Philippines -- The Supreme Court has stopped the signing of the memorandum of Agreement between the government and the Moro Islamic Liberation Front over ancestral domain and set the hearing on August 15, its spokesman said.
The high tribunal also ordered the executive to provide the court and the parties that petitioned concerned a copy of the MOA not later than August 8, said lawyer Midas Marquez, information chief of the Supreme Court, Monday.
“The court issued a TRO [temporary restraining order] restraining the respondents from signing the MOA,” Marquez told reporters, hours after the high tribunal met in an en banc session to deliberate on the petition filed by officials of North Cotabato who asked for a full disclosure of the contents of the MOA ahead of its signing.
The court also discussed the allegations of bribery at the Court of Appeals involving the settlement of the dispute between the Manile Electric Co. and the Government Service Insurance System.
Shortly after the high court started its session, government, through Solicitor General Agnes Devanadera, sent its comment to the North Cotabato petition, Marquez said.
Invoking executive privilege in its 26-page comment, the government said while negotiations with the MILF did not involve any foreign power, there were military and national concerns that were raised.
“This being so, the entire process, the negotiations involving the said MOA and the drafts, documents thereof resulting from said negotiations is covered by the doctrine of executive privilege, which prevents the disclosure of information that could subvert military or diplomatic objectives,” the solicitor general said.
Cahooting the Courts - A classical story of oligarchic conspiracy and hoodlums in robes
Off all the offices man has created for our society, none compares to that of a judge. We laid upon their shoulders the affairs of adjudication, so that matters of justice are decided daringly, eruditely and prudently. Such qualities were formed out of our noble aspirations that a person, learned in the law, enriched by his age, strengthened by his firm resolve, should remain accountable only to God and history; his decisions stand amidst all adversities, to uphold the very attribute which makes our society great – the rule of law.
However, in a sorry twist of events, the corruption of our society had already reached the judiciary, if not so blatantly. These past few days, Court of Appeals Associate Justice, Mr. Justice Jose Sabio, Jr. has been entrenched in a bitter controversy with Makati businessman Mr. Francis de Borja, over an alleged bribery regarding the GSIS-Meralco controversy. According to the estranged magistrate, he was offered P10 million by an emissary of Manila Electric Company (Meralco) to inhibit himself from a case filed by Meralco against the Government Service Insurance System (GSIS), and pave the way for Justice Bienvenido Reyes to chair the division that eventually ruled on the case. On the other hand, businessman Francis de Borja came out and said he had talked with Sabio, who supposedly told him that he had been offered by the government a “promotion to the Supreme Court and money” to rule in favor of the GSIS. De Borja, a friend of Meralco chair Manolo Lopez, also claimed that Sabio mentioned “P50 million” as the amount of money that would make him reject the government offer. The case was then decided by a different CA division that eventually ruled in favor of Meralco. This is where are instant controversy picked up steam, and so the story goes.
Again, the legal community is abuzz at the latest scandal to rock the profession. From law students to fellow academicians, from incumbent peers to dismissed magistrates, many are crossing swords to find out the truth behind the yarn. Legal luminaries urged the Supreme Court to punish those involved in an alleged bribery attempt, while some throw support behind their beleaguered mentor and colleague. A law school dean has warned the high court of public loss of faith in the judiciary that could give rise to political messiahs with adventurist agendas, while the aristocrat claims he only waits for his wife in a car. Opposing press conferences were already held by the parties, but still no definitive answer can be found. True enough; the highly elusive reality still manages to evade the scrutiny of the public, while the so-called “most venerable” institution of our republican society muses over its “black eye”.
It is not unbeknownst to many of the fact that the justice system has been pervaded by the malignancy of corruption. Decisions for sale and writs for rent are faced by ALL newbie lawyers once they start their legal career. There is a price list for everything. An anecdote sometimes trivializes this fact; a law professor asks a student his remedy if the judge denies his motion, the law student would reply with conviction “I will bribe the judge!” Today, this joke has become so remarkably truthful that a law professor would have to ask again for a remedy if the judge does not accept the bribe and dismisses the motion. Shall the answer be, “File a petition for certiorari, then bribe the justice?”
Let me clarify that I am not judging the character of anyone nor of any office in this instant controversy. As a child, I was raised with the highest respect for the position of a judge. My grandfathers were very honest magistrates, who shunned all forms of corruption. Lolo Entin, thru Auntie Lally, always reminded that "Honesty is the best policy." Whatever we possess today were reached through hard work and good blessings. Speaking as a law student, I am just struck in utter disbelief as the principles of legal and judicial ethics are being trampled by the very institution which is tasked with the preservation the rule of law. Its involvement in a tempestuous squabble has caused serious doubts on what is left of the credibility of the judiciary. Yes, the courts are not without fault. Being composed of humans, it is prone to acquire, if not to inherit, the inequities of the man and woman that occupy its chambers. That is why the law and courts have built in safety mechanisms to shield, if not immunize, the justice system from the perverse disease that has already afflicted the Presidency, legislature and the local governments.
This scandal has totally rocked the country. In the quest of lowering electric prices, the people watched and hoped that some good shall happen to the GSIS-Meralco controversy and not just some corporate dispute on proxy shares. There is a genuine social issue that has to be confronted. But sad to say, the oligarchic cancer has tarnished the last remaining bastion of credibility in our society. The courts were blemished, the body politic has been totally despoiled, money is the talk of the town and soon thereafter, a complete breakdown of law and order shall emerge from the people’s lack of trust in our institutions.
How then should the Supreme Court address these issues? It has just confirmed the back channel talks and the rumors of chamber practices in the judiciary. The SC has to stand firm and be relentless in going after court employees and officials involved in anomalies. They should continually penalize those found guilty of involvement in issues of graft and corruption. And they should start now. Chief Justice Reynato Puno is already undertaking measures, and for that, truly, the judiciary is not without hope. But as Henry Ward Beecher so aptly remarked, “Take all the robes of all the good judges that have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge.”
The people shall continue to wait and see. The courts are not completely helpless, unlike the Presidency and its bogus occupant that is already totally bereft of merit.
GRP-MILF Memorandum of Agreement on Ancestral Domain (MOA-AD): A Draft Pact on Bangsamoro Homeland
Saturday
Top 10 Cars
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Engine 2.4liters I5, 5-cylinders, 6 speed Manual
Max Torque 236lbs-ft@1500rpm
Max Power 227HP@5000rpm
Safety Features Emergency Brake Lights (EBL), Anti-locking brake system with Emergency Brake Assistance (EBA), IDIS Intelligent Driver Information System
SEDAN Compact -BMW 320d Sport/SE Convertible
Engine 320d - 6 Cylinders 2.5 L.; Valvetronic and double VANOS - 6 speed AT
Max Torque 250 Nm/ 2750rpm
Max Power 218 hp/6 5 00rpm
Safety Features dual airbags with two-stage deployment; seat mounted front side-impact airbags; full-cabin head-protection (curtain) airbags; tire-pressure monitoring system; ABS; traction control; dynamic stability control; post-impact system to unlock doors, switch on hazard and interior lighting and disable fuel pump
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SEDAN Mid Sized - Mazda 6
Engine 2.3-liter 4 cylinder MZR engine with SVT and VIS ; DOHC 16-valves; 5-speed Activematic transmission
Max Torque 207Nm/4000rpm
Max Power 164hp/6500rpm
Safety Features dual front airbags, side airbags, curtain airbags, ABS, EBD, traction control; immobilizer, rain sensing wipers, whiplash minimizing front seats, intrusion minimizing brake pedal
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SEDAN Large - Audi A8
Engine 6 cylinder V petrol engine made of aluminium with direct fuel injection, four valve technology, 2 stage variable intake manifold with 2 charge motion valves, DOHC, continuous camshaft adjustments, 4.2L V8
Max Torque 330nm/3250 rpm
Max Power 260hp/6500nm
Safety Features aluminium body with the Audi Space Frame (ASF) structure; full sizebag for the driver and front seat passenger; large haed level airbag system; ISOFIX child's seat mounting; lap-and-shoulder with automatic reel and pyrotechnic-action belt tensioner; safety steering column; brake system with an ati-blocking system (ABS), electronic brake force distribution (EBD) and hyulic braking assistant, Electronic Differential Lock (EDL)
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Sports Car - Porsche Boxter S
Engine 2.7-liter DOHC 24 VALVES opposed six-cylinder; 5 speed manual transmission
Max Torque 199lb-ft@4700-6000rpm
Max Power 240hp@6400rpm
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SUV Compact - Honda CRV
Engine DOHC i-VTEC, 16-valve; 2.4L
Max Torque 22.2 kg-m/4500 rpm
Max Power 160 ps/5500 rpm
Safety Features G-Con body structure, neck shock mitigation seats, Dual SRS Airbags, ABS with EBD + BA, security alarm system, immobilizer System, wave key
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SUV Mid Sized - Toyota Fortuner
Engine Direct Injection, 4-Cylinder In-Line, DOHC 16 Valve, Variable Nozzle Turbo with Intercooler, 3.0L
Max Torque 343/1400 - 3200rpm
Max Power 163ps/3400rpm
Safety Features SRS Airbags Driver and Passenger; ABS; with Seatbelts Front 3pt. ELR x 2 with Adjustable Seatbelt Anchor; Child Protection Lock; High Mount Stop Lamp
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SUV Large - Isuzu Alterra
Engine I-TEQ 4JJ1 computer controlled direct injection Common-rail system w/ turbo charge & intercooler
Max Torque 30 kg-m/1400 - 3400 rpm
Max Power 146 ps/3800 rpm
Safety Features dual airbags, ABS w/ EBD, anti theft immobilizer system back-up sensors,spoiler integrated third break lamp,seatbelts and side door beams
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PICK UP - Mitsubishi Strada
Engine 2.5 liter common rail direct injection (CRDi) diesel, 4 in-line DOHC, 16V Turbocharged and Intercooled (4D56)Max Torque 314 nm/2000 rpm
Max Power 136 ps/3500 rpm
Safety Features dual SRS airbags. 3pt ELR, height adjustable (front), 3pt ELR and 2pt lapbelt (rear), child protection lock, side door impact beams
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VAN Full size - Hyundai Starex
Engine 2.5 CRDi Turbo Intercooler DOHC 16 Valve Electronic Common Rail System
Max Torque 33kg-n/2000rpm
Max Power 145ps/3800rpm
Safety Features Driver Side SRS Airbag, Anti-Lock Braking System, Electronic Brake Force Distribution
Friday
Just loving nature!
There is a pleasure in the pathless woods,
There is a rapture on the lonely shore,
There is society, where none intrudes,
By the deep sea, and music in its roar:
I love not man the less, but Nature more,
From these our interviews, in which I steal
From all I may be, or have been before,
To mingle with the Universe, and feel
What I can ne'er express, yet cannot all conceal.
I liked this description!