Monday

Property - Finals

As usual, I have reconstituted the questions for the Final Exams in Property under former Associate Dean TLC.

Nota Bene:
I have no longer included the questions for Items True or False; and Multiple Choice, they are quite long.


III.

State the number of co-cowners that must give their consent. (10%)

a. repairs for preservation
b. ejectment
c. alterations
d. useful improvements
e. acts of administration


IV.

A. John and Jane are the co-owners of a party wall.

1. If John constructs a window on the party wall in 1996, what is the period when Jane may close the window? Explain. (5%)
2. Would the answer be the same if John opens a window on his own wall that does not extend over the property of Jane? Explain. (5%)

B. Joey owns a parcel of land enclosed by the estates of Tommy, Sammy and Vahl. He is demanding a compulsary right of way over the property of Tommy, which was proven to be the shortest way to the public highway. Tommy contends that compulsary right of way should be over the property of Vahl, who sold Joey the property. It was proven that the right of way over Vahl's property is longer than that of Tommy, but is least prejudicial to the servient estate.

1. What are the requisites of a compulsary easement of right of way? (10%)
2. On whose property should the right of way be constituted? Explain. (5%)


V.

Distinguish. (10%)

1. Nuisance per se and nuisance per accidens.
2. Servient estate and dominant estate.


VI.

State the remedies for a public nuisance. (5%)


VII.

1. For the love, care and affection to her niece Ayn, Carolina wants to donate a 1,000 sq. m. house and lot. Advise her on the formalities in order that it become a valid donation inter vivos. (10%)

2. Rosalie was very happy because her sister Rosemarie, who was married for many years, got pregnant for the first time. Rosalie donated P100,000 in favor of the baby. They were very happy talking about it, shopping for the child's clothes. The baby was born after 7 1/2 months but died within 24 hours. 

Can Rosalie get back the P100,000? Explain. (10%)


VIII.

Belinda owns a mango tree near the property of Amalia. (10%)

1. Can Amalia get the fruits still on the branches? Explain.
2. Can Amalia cut off the branches that extends over her property? Explain.
3. Can Amalia cut off the roots that intrudes into her property? Explain.

Wednesday

Applying for a British Visa

Whew!

After weeks of waiting for the arrival of the supporting documents from my parents in the UK, and completely filing out the Visa Application Form 1 (VAF1) and the Family Visitor Form, I finally came to the step which is the most awaited during a person's scheduled trip to a foreign country, applying for a visa.

I called up a friend who has been to the UK recently, and has asked her about the process she underwent. She said something about a BIOMETRICS fingerprint scan. Although I have heard of such, and have myself been subjected to such a procedure (if I remember it clearly, it was in in 2004, by the Commission on Elections, for the New Voter's ID), the UK is actually only one of the few countries that conduct a biometric scan for visa applicants. 

I have found a video from UKVisas, showing how the Biometrics scan is conducted for a UK Visa:

My Side of the Story

REPUBLIC OF THE PHILIPPINES)
CITY OF CAVITE ) ss.


AFFIDAVIT

I, Ian dela Cruz Encarnacion, of legal age, Filipino, single and a resident of 308 Gov. Espiritu Street, Sta. Cruz, Cavite City, after being sworn to in accordance with law, do hereby depose and say that:

1. On or about the 17th of September 2008, at around 11:50 PM, I am on my way to go to the Redemptorist Church at Baclaran, Parañaque City, with my friend Niño Sergio Olegario Liwanag, to pray before going home, as it has usually been my practice during Wednesdays;

2. When we have entered the church yard, four (4) unidentified persons on board two (2) motorcycles, stopped behind us, and the woman wearing a pink t-shirt, said to Liwanag, “Hoy, ikaw, ang bastos mo, nanghahawak ka ng boobs!”;

3. When a commotion ensued as Liwanag tried to berate his accusers, I tried my best to pacify the crowd by saying, “Miss, pasensiya na, at nakainom lang ang kasama ko. Nasa simbahan po tayo, nagpunta naman tayo dito para magdasal.” The other woman wearing a blue shirt, also trying to calm down the situation, tried to pacify her companions and said, “Sige na, tama na, tayo na!”;

4. Thereafter, the security guard on duty approached us and said to me, “Sir, puwede po ba kayong sumama sa akin sa guard house at kukunin lang po natin yung pangalan ng kasama niyo, para hindi na po to lumaki.” I said to him, “Pare, nag-ayos na nga kami nung complainant e, bakit kailangan pa naming magpunta doon?” He replied by saying, “Kasi po nagkagulo na dito sa simbahan sir, para lang po hindi isipin nung mga tao na hindi natin inaaksyunan ang mga gantong complaint. Kukunin lang natin yung pangalan, sumama nalang po kayo, para kunwari may gagawin tayong action pero okay narin yan.” I requested the guard just to allow me to enter the church for me to pray, and that we shall thereafter go with him to the guard house, which he allowed;

5. After I have finished offering my prayers, Liwanag and I went with the security guard inside the guard house. There, the complainant, together with her companions, suddenly accused Liwanag of holding her boobs. Because of the heated discussion, and with the people already looking at the commotion inside the guard house, I tried to intervene. I asked if we could speak out in a calm manner, or if we could find ways to resolve the conflict, it was at this juncture that the security officer said, “Ano po ba kayo? Attorney? Kung attorney po kayo, idepensa niyo nalang yang kasama niyo sa tamang lugar.” I tried to reason out with them, but before I could speak, the complainant suddenly struck Liwanag with her helmet. It was at this point that I said, “Miss, masama po yong ginawa niyo. Hindi po tama yan, puwede po kayo naming idemanda ng physical injuries diyan.” Then one of the complainants companion said, “Nakakahiya pa naman po kayo, abugado pa naman kayo, ipinagtatanggol niyo ang kamaliaan niyang kasama niyo! Lumagay kayo sa gitna!” Then the security guard said to me, “Akin na ang pangalan niyo!” to which I vehemently rejected. The complainant, her companions and the security guards at Baclaran talked and accused Liwanag of “holding her boobs” while I tried in vain to pacify them until the police arrived;

6. When the police arrived, they immediately handcuffed and arrested Liwanag, to which he resisted. He fell on the floor and held on to my legs to prevent him being taken away. I said to the police officers who arrested him, “Sir, saglit lang po, itayo niyo yang kasama ko!” Thereafter, the PO1 Deogracias, said to me, “Huwag kang makikialam, interfering police duties ka! Abugado ka ba? Patingin ng ID mo?” I said, “Sir, sasama po ng maayos ang kasama ko, itayo niyo lang po siya.” Then the security guard held me on the arms and said to me “Huwag ka ng makialam, yang kasama mo ang inaaresto eh, ipaaresto ka rin naming!” At this point, Liwanag’s hold on my legs loosened which led him to being dragged by the police officers into the police mobile;

7. I followed the policemen who arrested Liwanag to the police mobile and said to them, “Sir, saan niyo po dadalhin yang kasama ko? Puwede po ba akong sumama?” At this point, PO1 Deogracias said to PO2 Burgos, “Isama mo na nga yang isang yan! Kanina pa ang kulit-kulit niyang p*tang-inang yan eh! Interfering police duties na yan eh!” Thereafter, the policemen and the police assistants handcuffed me, to which I did not resist because I fear that I could face another case if I tried to assert my right to the arresting team. They forced us inside the back of the mobile;

8. We were brought to the Police Community Precinct No. 1 of Parañaque City at the Airport Road, where the police took the statement of the complainant without asking our side, except getting our identification cards, which we gave to them in good faith. Thereafter, the Desk Officer directed the arresting police officers to bring us to the Pasay City Hospital for the routine Medico-Legal Check;

9. It was at this juncture that I asked the police officer if I can contact our companions. I was allowed to do so, hence, I called the cellular phones of Mr. Melvin Castor Silvestre, Mr. Jomar Mendoza and GC Wilbryan Borbon to assist us. They all positively replied to our call for help and proceeded to the Pasay City Hospital;

10. Because of the concerns raised by our companions, we were brought back to the Police Community Precinct No. 1 to talk to the complainant. The complainant, together with the police officers who arrested us, talked privately in the 2nd floor of the precinct. When they went down, the complainant and the police officers talked to our companions. We were informed that the complainants are requesting damages for the wrong that Liwanag allegedly committed against her. My companions defended us vigorously against the imputations of the police and the complainant, but to no avail. The police officers insisted that we should be put behind bars for doing the things we allegedly committed;

11. Because no compromise happened at the precinct level, we were brought to the Ospital ng Maynila for the Medico-Legal, but we were denied admission there. We were subsequently brought to the Parañaque Community Hospital, where the doctors did not even inspect our physical condition at the moment before issuing the necessary medical certification. After such, our case was referred to the Parañaque City Police Headquarters, where we were detained at their jail from 3:00 AM until 1:30 PM;

12. The complainant sought damages in the amount of P40,000 for the alleged crime committed against her honor by Liwanag. On the other hand, the police officers who arrested me asked an assurance that no evil shall happen to their person if ever I shall be released. With our desire to be released immediately, Liwanag paid P20,000 after bargaining with the complainant, we signed the waiver, without the assistance of a counsel, under duress and forceful compulsion to regain our freedom from the clutches of the corrupt system that enslaves man;

I am executing this affidavit to attest to the truth of the foregoing and for the purposes of giving my side with regard to the instant case.

This 19th of September 2008, Cavite City, Philippines.



(SGD.)
IAN DELA CRUZ ENCARNACION
Affiant


SUBSCRIBED AND SWORN to before me, this 2nd day of February 2007 in Cavite City, with affiant exhibiting his FEU School ID with Number 2007-819-11-1.

This 19th of September 2008, Cavite City, Philippines.


(SGD.)
RIZALINA C. SANTERA
Notary Public
My Comm. Expires : December 31, 2008
PTR No. 8261304, January 3, 2008
Cavite City




Doc. No. : 203 ;
Page No. : 41 ;
Book No. : 12 ;
Series of 2008.


This is the link to the lousy story:
http://www.journal.com.ph/index.php?issue=2008-09-19&sec=1&aid=73284
http://www.abante.com.ph/issue/sep1908/crimes02.htm

Tuesday

Abraham Lincoln's Letter to his son's Teacher

He will have to learn, I know,
that all men are not just,
all men are not true.

But teach him also that
for every scoundrel there is a hero;
that for every selfish Politician,
there is a dedicated leader...

Teach him for every enemy there is
a friend,
It will take time, I know;
but teach him if you can,
that a dollar earned is of far more value than five found...

Teach him to learn to lose...
and also to enjoy winning.

Steer him away from envy,
if you can,
teach him the secret of
quiet laughter.

Let him learn early that
the bullies are the easiest to lick...

Teach him, if you can,
the wonder of books...
But also give him quiet time
to ponder the eternal mystery of birds in the sky,
bees in the sun,
and the flowers on a green hillside.

In the school teach him
it is far honourable to fail
than to cheat...

Teach him to have faith
in his own ideas,
even if everyone tells him
they are wrong...

Teach him to be gentle
with gentle people,
and tough with the tough.

Try to give my son
the strength not to follow the crowd when everyone is getting on
the band wagon...

Teach him to listen to all men...
but teach him also to filter
all he hears on a screen of truth,
and take only the good
that comes through.

Teach him if u can,
how to laugh when he is sad...
Teach him there is no shame in tears,

Teach him to scoff at cynics
and to beware of too much sweetness...

Teach him to sell his brawn
and brain to the highest bidders
but never to put a price-tag
on his heart and soul.

Teach him to close his ears
to a howling mob
and to stand and fight
if he thinks he's right.

Treat him gently,
but do not cuddle him,
because only the test
of fire makes fine steel.

Let him have the courage
to be impatient...
let him have the patience to be brave.

Teach him always
to have sublime faith in himself,
because then he will have
sublime faith in mankind.

This is a big order,
but see what you can do...
He is such a fine fellow,
my son! 


Monday

Ateneo-La Salle Rivalry


Mas gusto ko nalang mag-comment dito kaysa sa NCAA Championship, wala naman kasi ang team ko eh! So just f*ck 'em up! Mas exciting UAAP Finals 2008.

Sunday

Hari ng Sablay

Fear not the repercussions of wrong actions done,
for they have passed and shall be corrected. 
Instead, dread of what happens, when the right thing remains undone.

-ako may akda niyan-

This past few days, I have done some very stupid things in my life. From doing a lot of proud acts for my family, I am now publicly humiliated by the unexpected hullabaloo over a "frame-up" "hulidap" and "mafia-making". Though I am so darned by this untimely imputation against my honorable reputation, but in the end, I hope that the people shall believe my credibility more than the haphazard and malicious statements of a tabloid newspaper man, who sought to gain financially from a thing which is clearly baseless and untrue.

Let this song remind me of some past event, etched in the history of my Alma Mater.

Hari ng Sablay
by Sugarfree

Please lang wag kang magulat
Kung bigla akong magkalat
Mula pa no’ng pagkabata mistulan ng tanga
San san nadadapa san san bumabangga

Ang puso kong kawawa may pag-asa pa ba?
Ayoko nang mag-sorry sawa na ‘kong magsisi
Pasensya ka na, mabilis lang akong mataranta

Refrain:
Ako ang hari ng sablay, ako ang hari ng sablay
Hinding-hindi makasabay, sabay sa hangin ng aking buhay
Hari ng sablay, Ako ang hari ng sablay
Ako ang hari, ako ang hari

‘Sang tama, sampung mali ganyan ako pumili
‘Di na mababawi ng puso kong sawi
Daig pa’ng telenobela kung ako ay magdrama
Ganyan ba talaga guhit ng aking tadhana

Ooh, sawa na ‘kong mag-sorry
Ooh,ayoko nang magsisi
Pasensya ka na, mabilis lang akong mataranta

(Refrain)

Ooh…Ooh..

Ooh, ayoko nang mag-sorry
Ooh, sawa na kong magsisi
Pasensya ka na, mabilis lang akong mataranta

(Refrain)


Wednesday

Timeline: CA Bribery case

Philippine Daily Inquirer
First Posted 06:55:00 09/10/2008



May 27 - The GSIS gets from the SEC a cease-and-desist order (CDO) to stop the counting of proxy votes during the Meralco stockholders meeting and election in May. Meralco ignores the CDO, announcing that the SEC order is "null and void", since the order does not a carry a docket number, has no official seal, and only signed by an officer in charge and not by the entire commission sitting en banc.

May 28 - SEC orders Meralco to explain why it should not be cited in contempt for ignoring the CDO.

May 29 - Meralco goes to the Court of Appeals to oppose the SEC directive. The Meralco petition is raffled to the Special 9th Division.

May 30 - Justice Jose Sabio is chosen as acting chair of the 9th Division (taking the place of Justice Bienvenido Reyes, regular chair of the 9th Division and who is on vacation leave) with Justices Myrna Dimaranan Vidal and Vicente Roxas as members. Roxas is designated the ponente, or the designated writer of the decision.

The 9th Division hears the oral arguments in the case.

The appellate court issues a temporary restraining order on the SEC order.

July-A reorganization takes place in the Court of Appeals and Roxas is transferred to the 8th Division.

Reyes returns to duty and reclaims chairmanship. Sabio opposes.

Roxas, on the other hand, upon his transfer to the 8th Division, brings the case along with him since he is the ponente.

Both Reyes and Roxas ask CA Presiding Justice Conrado Vasquez, Jr. to issue an opinion on who has jurisdiction on the Meralco case. Vasquez fails to immediately resolve the impasse.

July 23 -The CA's 8th Division - headed by Reyes, with Justices Antonio Bruselas Jr. and Roxas as members - voids the SEC CDO.

July 24 -Vasquez finally issues an opinion on the squabble, saying that it's the 9th Division that should rule on the Meralco case. The opinion is of course rendered useless since the Reyes-led division has already promulgated a ruling just the day before.

Sabio and Vidal protest the promulgation.

July 26 - Sabio tells Vasquez in a letter that he had been offered P10 million on July 1 to inhibit himself from the Meralco case. Sabio says the offer was made to him by a Makati businessman brokering for Meralco.

July 31 - The CA holds a rare en banc session and decides that it will elevate the issues to the Supreme Court.

Aug. 4 - The high court forms a panel to investigate the bribery allegations.

Minerva Generalao and Eliza Victoria, INQUIRER Research



Copyright 2008 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Tuesday

SC dismisses CA justice

Sabio suspended, Vasquez reprimanded
By Tetch Torres, Leila Salaverria
INQUIRER.net, Philippine Daily Inquirer
First Posted 06:54:00 09/10/2008



MANILA, Philippines—The Supreme Court Tuesday dismissed and forfeited the benefits of Court of Appeals Justice Vicente Roxas for writing the decision that favored Manila Electric Co. based on a fabricated transcript of deliberation of the Eighth Division and for committing other violations.

The Supreme Court found that Roxas had undue interest in the Meralco case, was dishonest and discourteous, and had failed to resolve pending motions before handing down his ruling.

“In sum, this Court finds that Justice Roxas’ multiple violations of the canons of the Code of Judicial Conduct constitute grave misconduct, compounded by dishonesty, undue interest and conduct prejudicial to the best interest of the service, which warrant his dismissal from the service,” it said.

Adopting the findings of a three-member panel it created to investigate the Meralco case, the Supreme Court also suspended Justice Jose Sabio Jr. for two months without pay, and reprimanded Justice Bienvenido Reyes and Presiding Justice Conrado Vasquez Jr.

The investigation stemmed from the battle for management control over Meralco between the Lopez family and the Government Service Insurance System.

Supreme Court spokesperson Jose Midas Marquez said the high court’s decision would be referred to the justice handling the GSIS petition questioning the disputed ruling written by Roxas on the Meralco case.

The panel said the irregularities, improprieties and a bribery attempt in the appellate court in connection with the case were “damaging to the institutional integrity, independence and public respect for the judiciary.”

The panel was composed of retired Supreme Court Justices Carolina Griño-Aquino, Flerida Ruth Romero and Romeo Callejo Sr.

Marquez said the tribunal’s decision was immediately executory. Although the magistrates could file a motion for reconsideration, they would have to serve the penalty while their appeals are pending.

Marquez also said the high court’s decision should be a wake-up call for judges and justices. “The court will not take these cases for granted,” he said.

Clinging’ to case

Besides suspending Sabio, the high court sternly warned him against repeating his actions after it found that his discussion of the case with a businessman with ties to Meralco was improper and indiscreet.

The tribunal also found improper Sabio clinging to the Ninth Division, which handled the case even though the chair he substituted for had returned.

Vasquez was severely reprimanded for failing to act promptly to prevent the scandal that has “damaged the image of the Court of Appeals.”

Discourteous

Reyes was reprimanded for being discourteous to Vasquez for ruling on the Meralco case even though the latter had yet to hand down his opinion on whether it was Reyes’ or Sabio’s division that should rule on the case.

Justice Myrna Dimaranan Vidal was admonished and was told to watch her actions after the Supreme Court found that she allowed herself to be convinced by Roxas to sign the Meralco decision even though she had not read the memoranda.

An admonishment is considered a warning and is not a penalty.

Camilo Sabio

The Supreme Court also decided to refer the attempt of Camilo Sabio, chair of the Presidential Commission on Good Government, to influence his brother to side with the GSIS to the Office of the Bar Confidant for appropriate action.

Camilo had revealed that it was Jesus Santos, a GSIS trustee and lawyer of President Gloria Macapagal-Arroyo’s husband, who asked him for help regarding the case.

Justice Sabio’s allegation that businessman Francis de Borja, supposedly acting as Meralco emissary, attempted to bribe him with P10 million so that he would inhibit himself from the case was referred to the Department of Justice.

De Borja may be liable

“The present investigation has given this Court reason to believe that De Borja may be criminally liable for his attempt to bribe a magistrate of the Court of Appeals,” the high court said.

De Borja, who denied offering the P10-million bribe, had issued an affidavit saying it was Sabio who told him that he was offered a Supreme Court seat and money to side with Meralco, and named P50 million as his price to reject the government offer.

In dismissing Roxas, the high court found his handling of the Meralco case suspect, citing the panel’s findings that he began writing the decision even before all pleadings were submitted.

Rush to judgment

It said Roxas’ “undue interest” was shown by his rush to judgment. The “inexplicable haste” was also bolstered by his failure to resolve pending motions before handing down the decision; his “rushing” of Vidal to sign the decision; his abrupt transfer of the case to the Eighth Division from the Ninth Division without notifying Vidal and without waiting for the resolution of the dispute on which division should rule on the case.

“We reiterate here that as the visible representation of the law and justice, judges are expected to conduct themselves in a manner that would enhance respect and confidence of the people in the judicial system,” the high court said.

Fabricated transcript

It also found him guilty of gross dishonesty when he submitted a fabricated transcript of the justices’ deliberations, which also contained statements that were falsehoods. It also cited the panel report that he lied about his reason for bringing the Meralco decision to Vidal.

“Indeed, the fabrication and falsehoods that Justice Roxas blithely proffered to the panel in explanation/justification of his questioned handling of the Meralco case demonstrated that he lacks the qualification of integrity and honesty expected of a magistrate and a member of the appellate court,” the high court said.

Recently fined P15,000

It also said that his failure to resolve pending motions was a violation of the Code of Judicial conduct, noting that this was not the first time he was penalized for such an offense. He was recently fined P15,000 for a similar failure in the case of Orocio v. Roxas where Roxas failed to act on a motion despite the promulgation of the main case.

In finding him discourteous, the high court noted the panel’s findings that he ruled on the Meralco case without waiting for Vasquez’s decision on which division should resolve the case.

“This Court cannot view lightly the discourteous manner that Justice Roxas, in his apparent haste to promulgate his decision in the Meralco case, treated his colleagues in the Court of Appeals. It behooves the Court to remind all magistrates that their high office demands compliance with the most exacting standards of propriety and decorum,” it said.

"He made a mockery of his own order for the parties to submit memoranda, and rendered their compliance a futile exercise," it said.

Roxas left early from his office at the Court of Appeals after reports leaked that he has been dismissed.

Improper conversation

As for Sabio, the high court said he failed to uphold the standard of independence and propriety that he should meet as a magistrate with regard to his brother Camilo’s phone call to him trying to convince him of the GSIS stand in the dispute with Meralco.

Camilo, also a lawyer, was taken to task for making the call. “As they were both members of the Bar, it is incomprehensible to this Court how the brothers can justify their improper conversation regarding the Meralco case,” the tribunal said.

Not influenced by his brother

But it did not adopt the panel’s finding that Sabio had an “unusual interest in holding on to the Meralco case” and that he seemed to have been influenced by his brother to help the GSIS.

“Based on the facts on record, the Court is wary of declaring that Justice Sabio had been influenced by his brother by speculating that he would have favored GSIS had he been a part of the division which rendered the decision in the Meralco case,” it said.

However, the high court found it improper for him to hold on to the chairmanship of the Ninth Division when the chair he substituted for, Reyes, had returned. It also viewed with “disfavor” Sabio’s “stubborn insistence” on his interpretation of the Internal Rules of the Court of Appeals and his “hostile, dismissive attitude” on the positions of his colleagues on the interpretation of the rules.

De Borja not credible


The high court also agreed with the panel that De Borja’s allegation that Sabio had wanted P50 million was “not credible.”

But it said Sabio’s conversations with De Borja on the Meralco case were indiscreet and improper. It said the continued communication between the two even after the justice rejected the bribe was “highly inappropriate and shows poor judgment” on Sabio’s part.

It thus found him liable for simple misconduct and conduct unbecoming a justice.

As for Vasquez, the high court said the scandal that rocked the country’s second highest court could have been prevented had he acted promptly and decisively.

“Certainly, this unpleasant and trying episode in failure to act in the early part of his tenure as Presiding Justice has indelibly impressed upon him what is required of him as leader of the second highest court in the land,” it said.

How they voted

A total of 13 Supreme Court justices voted on the issues. Chief Justice Reynato Puno and Justice Antonio Carpio were allowed to inhibit themselves from the case. One of Puno’s staff members is Sabio’s daughter, while Carpio used to belong to the law firm that represented Meralco in the case against the GSIS.

Of the 13 justices, 12 voted to dismiss Roxas, and one said he should be suspended for six months. Ten justices voted for Sabio’s two-month suspension without pay. One voted for a six-month suspension, another said he should only be reprimanded because he should be credited for being a whistle-blower. Another said he should be dismissed.

Eight justices voted to reprimand Reyes and five wanted him suspended for one month.

For the rest, the voting was unanimous.

Roxas is the third CA justice who has been dismissed from service.

Justice Demetrio Demetria was removed form the bench in 2001 after he was found guilty of interceding on behalf of alleged drug queen Yu Yuk Lai.

In 2007, the high court sacked Justice Elvi John Asuncion for gross ignorance of the law and delaying motions of consideration filed before his division. Asuncion was also accused of accepting bribe money.



Copyright 2008 INQUIRER.net, Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Monday

The Depth of Corruption at the Appeals Court

Reposted from http://www.bulatlat.com/2008/08/depth-corruption-appeals-court

The Meralco case is not about public interest; it is all about conflicting business interests. And it is being decided not on the basis of the strength of arguments but by the power of money and influence. This is the depth by which our system of governance, and of rendering justice have been corrupted.

BY BENJIE OLIVEROS
ANALYSIS
Vol. VIII, no. 30, August 31- September 6, 2008


First came the seeming whistle blower, Justice Jose Sabio Jr. who claimed that he was offered P10 million ($217,746 at an exchange rate of $1=P45.925) by someone close to the Lopezes to step aside and let Justice Bienvenido Reyes preside over the division that would decide on the intra-corporate dispute between the Lopez family and GSIS (Government Service Insurance System) Chair Winston Garcia in the battle for control over the Manila Electric Company (Meralco). But suspicions shifted to purported whistle blower Sabio after businessman Francis de Borja appeared saying that Sabio told him he was offered a Supreme Court seat and an undisclosed amount of money to rule in favor of GSIS. Sabio, according to Borja, said that it would take P50 million ($1,088,731) for him to resist pressures from the Arroyo government.  

Who is telling the truth?

It did not help any that at the hearings of the investigation panel formed by the Supreme Court (SC), which was comprised by retired justices, the honorable justices of the Court of Appeals (CA) started bickering and accusing each other of violating judicial processes to favor one of the contending parties. What was revealing during the hearings was that the bickering justices gave inconsistent statements; and worse, there were numerous violations of judicial processes and ethics putting into question the integrity of the second highest court of the land. Clearly, partisan interests were at work and the (dis)honorable appellate court justices were acting in behalf of opposing parties. 

Then came the admission of Justice Sabio that his brother Presidential Commission on Good Government (PCGG) Chair Camilo Sabio called him up suggesting that he rule in favor of GSIS. But that was not all, Camilo Sabio, during his testimony, revealed that he decided to call his brother after Jesus Santos, lawyer of Jose Miguel Arroyo and GSIS trustee, told him that the division handling the Meralco case, of which his brother was a member, was about to issue a Temporary Restraining Order (TRO) in favor of Meralco. 

The SC investigation panel was rightfully appalled at the obvious leakage of what was transpiring inside the walls of the appellate court. But what was more appalling was the PCGG chair who supposedly does not have anything to do with the workings and decisions of the Court of Appeals suddenly calling his brother lobbying for a decision favorable to GSIS. (Much like a Commission on Elections chair getting involved in the approval of a government contract that has got nothing to do with elections!) And he found nothing wrong with it? The investigation panel hit the nail in the head when they said that Sabio was blurring the line between what was ethical and not, between what was right and what was wrong.

Worse, he admitted that he did so because he was prompted by a GSIS trustee who just happens to be, or so they claim, the lawyer of the husband of the president. Santos was quick to claim that Jose Miguel Arroyo has got nothing to do with his act of trying to influence the decision of the CA. 

The root of the controversy

The whole controversy and intra-corporate battle for control over Meralco began when Pres. Gloria Macapagal-Arroyo unleashed her trusted enforcer Winston Garcia of the GSIS to wrest control of the electric distribution company purportedly to stop Meralco from overcharging its customers. PCGG Chair Sabio was using the same argument to justify his actions.  

If the Arroyo government is really serious in bringing down electricity rates and preventing Meralco from overcharging, it should have reviewed and repealed the Electric Power Industry Reform Act, which deregulated and privatized the power industry thereby enabling power generating and distributing companies to set rates without seeking the approval of the government. It also enabled the Lopez family to purchase power generating companies, giving it the opportunity to control rates further and to profit twice: from generation and distribution charges. Meralco’s being the largest power utility company providing power to 4.5 million people in 25 cities and 86 municipalities including Metro Manila, its vertically-integrated position - owning both power generation and distribution companies - and its profitability make it a favorite target of dictators and their greedy business partners.  

Meralco posted a net income of P2.48 billion ($54,001,088) from January to June 2008 compared to P2.34 billion ($50,952,640) in the same period in 2007. Its distribution revenues alone amounted to P12.85 billion ($279,804,028) while its total revenues reached P49.1 billion ($1,069,134,458). These do not yet include the profits of its power generation companies. Some quarters suspect – and not without basis – that the Arroyo government is interested in wresting Meralco from the Lopez family to hand it over to a favorite business partner, which is also into power distribution and generation, albeit not even half as big as Meralco.

The major issues involved

The controversy surrounding the handling of the Court of Appeals of the Meralco-GSIS case has turned out to be not merely a simple case of bribery nor has it put into question the integrity of only one or two justices; it is all about the independence of the second highest court of the land and the competence, or rather integrity, of its justices.  

It is also not merely an intra-corporate battle, it is a tug of war between an economically powerful and monopolistic family, the Lopezes, and the Arroyo government, which allowed monopolies to exist, in the first place, because of its policies of deregulation and privatization. The only problem for the Arroyo government is that the Lopez family is more identified with the opposition than part of its retinue of political supporters and business partners.

The Meralco case is not about public interest; it is all about conflicting business interests. And it is being decided not on the basis of the strength of arguments but by the power of money and influence. This is the depth by which our system of governance, and of rendering justice have been corrupted. And as we have mentioned in an earlier analysis, this case manifests the failure of justice and the failure of governance under the Arroyo government, where the distinction between what is right and what is wrong has been obfuscated. Bulatlat  

Sunday

Bar Ops First Sunday

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Saturday

2008 Bar Examinations - D-day minus 1

Tomorrow, the Bar Examinations shall begin!

For thies year's 6,533 barristers, it shall be the final test of his or her fitness to become a member of the Bar. I would just like to extend my utmost prayers and hope that my friends and brods, who shall take this year's exam, shall remember what they have studied for 4 or more years, shall express what they have in their minds accurately, briefly and concisely, and shall do all things well.

With God by their side, may His will be done!

Good luck and God speed! Aim high always!

Monday

10 Amazing Persons in the Streets of Cavite City - WAHAHAHAHA

Sinend sakin to ni Pao sa email, yung picture niyan, to follow! That shall be a quest bago ako pumunta ng UK! hehehe!

nabasa ko lang sa friendster bulletin board, galing kay eryk... 

10.BABAENG NAKA-MAKE-UP at NAKA-SHORTS- SHORTS...
Kung mapadaan ka sa may baste, along Cavite-Manila Boulevard, hindi mo pwedeng hindi mapansin ang babaeng ito na naka-make-up at nakasuot ng maiksing shorts at nagwawala. Hindi masyadong malinaw ang isinisigaw nya pero parang galit na galit siya with matching tadyak pa sa kalye.

9.JOHNNY...
Along baste pa rin, but this time along Alejandro st. naman, doon mo makikita si JOHNNY. Isa syang negrong baliw na may pagkabaklita. Hindi naman sya nagwawala. Masaya lang syang naninigarilyo sa isang tabi at kung minsan pakanta-kanta.
Ayon sa usap-usapan, mayaman daw talaga itong si Johnny at nakapunta na rin ito sa America. Well, who knows,di ba?

8.WATER BOY...
Bihira lang siguro ang nakakakilala dito sa lalaking ito. Hidi kasi siya madalas makita sa mga main roads ng Cavite city. Pero kapag napadaan ka sa mga kalye na nasa gawing likuran ng Ladislao Diwa Elementary School, di mo pwedeng di mapansin ang isang lalaki na wala laging t-shirt at may kipkip na dalawang galon ng mineral water.

7.ENGLISH SPEAKING PULUBI...
Sa may pintuan ng Jollibee, may isang matandang lalaki doon na laging nag aabang ng mga lumalabas na customer. Magugulat ka sa paraan ng paghingi nya ng limos. English speaking ito at american accent pa.
"I beg you, kindly give me 10 pesos..."
Pang call center, di ba?

6.ONING, ANG "BESTFRIEND NG BAYAN"...
Kung bababa o sasakay ka ng jeep, h'wag ka magugulat kung bigla na lang may tumawag sa'yo ng "bestfriend". Si ONING lang yun - ang dakilang dispatcher ng lahat na yata ng klase ng PUV sa lungsod.

5.TEAM KALABIT-PENGE. ..
Sila na yata 'yung may pinakamaraming member sa mga grupo na nasa paligid ng Cavite Public Merket. They come in all ages. Mula sa matandang-matanda na, hanggang sa bagong silang na sanggol, may kapansanan,( bulag,pipi, bingi,lumpo at kung anu-an pa) meron kakalabit sa yo at hihingi ng limos.
Msakit isipin na marami palang nagugutom sa Cavite City.

4.STOP...
Kung biglang tumigil ang mga sasakyan at nagtabihan lahat sa gilid ng kalye, 'wag ka magulat at malamang nasa gitna ng kalye si "STOP".
Si Stop yung nilalang na laging tumatakbo sa kalye. Basang-basa at may dalang malaking bag. Hindi s'ya natatakot sa mga rumaragasang sasakyan at basta-basta na lang siyang titigil sa kalagitnaan ng kalye. Marahil doon nya nakuha 'yung bansag sa kanya.

3.DODONG CRUZ...
Makikita mo ang lalaking ito na may dala laging malaking bayong na may laman na mga tuta. May hila-hila din siyang aso. Mahaba ang buhok nya tulad ng sa vocalista ng 90's band na the youth na si Dodong Cruz. Kaya siguro ito ang madalas na itawag sa kanya. May mga plackard siya na nakasabit sa katawan nya at kung babasahin mo ay pawang tungkol ito sa end of the world.
Modern day prophet ang drama nya.
Kung totoo man 'yung mga sinasabi nya, let's wait and see na lang.

2.FERDIE, FOREVER YOUNG...
Although mas madalas si Ferdie sa simbahan ng San Roque, paminsan-minsan makikita mo rin sya sa mga eskinita at kalye sa paligid ng simbahan at St. Joseph College. Matagal ng tambay ng San Roque church si Ferdie. Sa katunayan nga memorized na nya yung mga sinasabi ng pari kapag may misa.
Mula noon hanggang ngayon, parang walang nagbago sa kanya, both physically and mentally. Sya pa rin yung isip bata at pala-ngiting Ferdie.
Isa sa mga memorable na ginawa ni Ferdie ay noong mag-ipon siya ng mga fishball sticks at ipinila-pila nya ito sa kalye mula sa gate ng St. Joseph College hanggang palengke.
Pang-guiness? Pwede.

1. JAMES SUPOT...
Sino ba naman ang true-blooded caviteño ang hindi nakakakilala kay James or more popularly known as "James Supot"?
Kung my Oblation ang U.P., may James Supot naman ang baste.
Kung driver ka at may balak kang mag-violate ng rules sa may baste, better think twice dahil tyak na nandyan si James at sisitahin ka - maging sino ka man.
Parang itinalaga na ni James ang sarili na bantayan ang harapan ng baste, 365 days a year. Umulan-umaraw.
Kung lahat ng Pilipino ay may prinsipyo at dedication sa trabaho tulad ng kay James, hindi na siguro masyadong bibigyan ng pansin kung tuli ka man o hindi.


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