It is just another new year's eve

As everyone in the world awaits for the passing of time and the arrival of the new year, let us not forget that it is just another day in our lives.

In ancient times, civilizations deemed it important to commemorate the new year not to celebrate the end of an era and the completion of a period but to pray for next year's bountiful harvest and for victory in wars. They offer lavish gifts to the gods - gold, fruits, animals, even man himself. With the advent of modernity, we may have done away with sacrifices, but we have flooded ourselves with series of extravagant merry-making comparable to those made by our predecessors. Fireworks, sumptuous feasts and parties mark our celebration of the new year. But is new year defined by what we so do?

New year is a moment in time. It is the beginning. But it is also an end. As the clock strikes 12, we usher in the next year and escort out the past year. A clear reminder that when we say hello to a bright new season, we bid good bye to the last. What therefore is the sense of everything when it is merely the closing and opening of a door?

We must go back to the basics. We recall our faults and make amends to our life. We remember our triumphs and hope for a better year. We reminisce our tribulations and pray for greater strength to face new ones. In the end, it is about our families, friends and love ones.

I shall celebrate new year this 2010 in quiet simplicity. My entire family is abroad, while my friends are celebrating it with their own families. I shall be content with greeting everyone through the internet because my cellphone has been broken since the December 16. My neighborhood is conducting a community wide greeting at the kalsada.

So before everything goes gaga around the world, let me share this song as I greet everyone a warm, happy, safe and prosperous new year. Maligaya at masaganang bagong taon sa ating lahat!

It's just another new year's eve
by Barry Manilow


Don't look so sad,
It's not so bad you know.
It's just another night,
That's all it is, it's not the first,
It's not the worst you know,
We've come through all the rest,
We'll get through this.
We've made mistakes,
But we've made good friends too.
Remember all the nights we spent with them?
And all our plans,
Who says they can't come true?
Tonight's another chance to start again.
It's just another New Year's Eve,
Another night like all the rest.
It's just another New Year's Eve,
Let's make it the best.
It's just another New Year's Eve,
It's just another Auld Lang Syne,
But when we're through this New Year
You'll see, will be
Just fine.
We're not alone, we've got the world you know.
And it won't let us down, just wait and see.
And we'll grow old, but think how wise we'll grow.
There's more you know, it's only New Year's Eve.
It's just another New Year's Eve,
Another night like all the rest.
It's just another New Year's Eve,
Let's make it the best.
It's just another New Year's Eve,
It's just another Auld Lang Syne,
But when we're through this New Year, you'll see, will be
Just fine.



Auld Lang Syne
Traditional Scottish New Year Song

Should old acquaintance be forgot,
and never brought to mind ?
Should old acquaintance be forgot,
and old lang syne ?

CHORUS:

For auld lang syne, my dear,
for auld lang syne,
we'll take a cup of kindness yet,
for auld lang syne.

And surely you’ll buy your pint cup !
and surely I’ll buy mine !
And we'll take a cup o’ kindness yet,
for auld lang syne.

Same Auld Lang Syne

As I was browsing the internet for the lyrics of Auld Lang Syne, a song by Dan Fogelberg came out in the search. I opened the link. Then one of the songs that hit me this Christmas... EMO!

SAME AULD LANG SYNE
By Dan Fogelberg

Met my old lover in a grocery store
The snow was falling Christmas Eve
Stole behind her in the frozen foods
and I touched her on the sleeve
She didn't recognize the face at first
but then her eyes flew open wide
Tried to hug me and she spilled her purse
and we laughed until we cried
Took her groceries to the checkout stand
The food was totaled up and bagged
stood there lost in our embarrassment
as the conversation dragged
Went to have ourselves a drink or two
but couldn't find an open bar
Bought a six-pack at the liquor store
and we drank it in the car
We drank a toast to innocence, we drank a toast to now
Tried to reach beyond the emptiness but neither one knew how
She said she'd married her an architect
Kept her warm and safe and dry
She said she'd like to say she loved the man
but she didn't want to lie
I said the years had been a friend to her
and that her eyes were still as blue
But in those eyes I wasn't sure if I saw doubt or gratitude
She said she saw me in the record store
and that I must be doing well
I said the audience was heavenly
but the traveling was hell
We drank a toast to innocence we drank a toast to time
We're living in our eloquence, another old lang syne
The beers were empty and our tongues grew tired
and running out of things to say
She gave a kiss to me as I got out
and I watched her drive away
Just for a moment I was back in school
And felt that old familiar pain
And as I turned to make my way back home
the snow turned into rain

Placidus dolor

Vacuus mihi , vos es magis gauisus,
sine vos, cassus mea pectus pectoris.
Semper fide, fidei insquequo abeo,
pro vacuus vos illic est haud vita.
Unus ego moro, ego ago tantum vobis.

Vos es grate immerito,
ego vadum
exsisto solitudo vacuus vos.
amor.

The Presidential Series 2010

Before the end of the year 2009 (and before I go back to law school and lose time over the net), I shall try and try to be informative as possible on the people's choices for our next President. Thus, I open the Presidential Series 2010, a one stop shop for information on who's who in the 2010 Elections, especially those who seek the highest position in the land - the Presidency. This thread shall seek to find out about their qualifications, their party and business interests, their agenda and positions on key issues and their personal life.

As of today, the Commission on Elections has narrowed the Presidential contenders to EIGHT. The candidates are (in alphabetical order):

• Senator Benigno "Noynoy" Aquino III (Liberal Party)
• Olongapo City Councilor John Carlos "JC" delos Reyes (Ang Kapatiran Party)
• Former President Joseph "Erap" Ejercito-Estrada (Partido ng Masang Pilipino)
• Senator Richard "Dick" Gordon (Bagumbayan)
• Senator Anna Maria Consuelo "Jamby" Madrigal (Independent)
• Former Defense Secretary Gilbert "Gibo" Teodoro (Lakas-Kampi-CMD)
• Jesus is Lord Leader Bro. Eddie Villanueva (Bangon Pilipinas)
• Senator Manuel "Manny" Villar (Nacionalista Party)

However, the COMELEC still has to rule on the appeal of Nicanor Perlas (Partido ng Marangal na Sambayan) over his disqualification as well as the petition of several lawyers against the re-election campaign of former President Estrada.

Tomorrow, the author shall start with the standard bearer of the Liberal Party, and current front-runner, Senator Noynoy Aquino.

SC extends Voters Registration for 2010

The Supreme Court, in a unanimous decision, extended the voters registration until 9 January 2010 and declared as null and void the Commission on Election resolution setting the 31 October 2009 deadline.

In a 9-page decision, Justice Conchita Carpio Morales directed the COMELEC to reopen the registration of new voters until 9 January 2010. According to the Court, Republic Act No. 8189 or the Voters Registration Act of 1996, provided that the period of 120 days before a regular election and 90 days before a special election is enough time for the COMELEC to make all the necessary preparations with respect to the coming elections. The preparations include (1) completion of project precincts, (2) constitution of the Board of Election Inspectors, (3) finalizing the Computerized Voters List, (4) supervision of the campaign period, and (5) preparation, bidding, printing, and distribution of Voter’s Information Sheet. The Court said that such determination of Congress is well within the ambit of its legislative power, which the High Court is bound to respect, and that the COMELEC’s rule-making power should be exercised in accordance with the prevailing law.

The Court further stressed that the Republic Act No. 6646 or The Electoral Reforms Law of 1987 and Republic Act No. 8436 or The Automated Election System Act grants the poll body the power to fix other periods and dates for pre-election activities “only if the same cannot be reasonably held within the period provided by law.” There is thus no occasion for the COMELEC to exercise its power to fix other dates or deadlines therefor.


Full text of decision:

Kabataan Party List v. COMELEC, G.R. No. 189868, 15 December 2009.

Martial Law in the Philippines - Take II (update 12 December 2009, LIFTED)

Yesterday, at around 9 o'clock in the evening, the state of martial law and the suspension of the privilege of the writ of habeas corpus in the Province of Maguindanao has been lifted by the President. The order came after the President held an emergency meeting with the National Security Council (NSC) on the status of the objectives of Proclamation 1959.

According to Executive Secretary Eduardo Ermita, the objectives of 1959, as advised by the NSC to the President were as follows:

• Quell the rebellion in Maguindanao
• Arrest the suspects of the November 23 Maguindanao Massacre that left 57 dead
• Secure the safety of the witnesses
• File appropriate charges against the suspects
• Disarm illegal armed groups
• Restore law and order and press freedom
• Restore civilian government

Mixed reactions face the lifting of martial law. Lawmakers are divided on this issue. Human rights lawyers are asking the Supreme Court to here the petitions against martial law. The Supreme Court has a standing order on the Executive Department to answer the petitions. The High Court has still to decide on the matter.

Whatever the decision of the Supreme Court, it shall be the ultimate test of the effectivity and deterrence of Article 18 on future dictatorships.

Martial Law in the Philippines - Take II

This summary is not available. Please click here to view the post.

Appointive Officials need not resign

Appointive officials planning to run for elective positions in the upcoming 2010 polls need not resign from their posts when they file their Certificates of Candidacy.

As an offshoot of the Penera case, the Court through Justice Antonio Eduardo Nachura states that appointed officials should not be considered as second class citizens, because elected officials and other persons seeking elective office shall only be considered as candidates on the start of the campaign period. Hence, appointive officials shall only be required to resign from their offices at the start of the campaign period.

In as much as I reserve my dissent for this decision, the Court has to come up with such otherwise it would be inconsistent with the view it took in the Penera case.

Full text of Case:

Quinto and Tolentino v. COMELEC, G.R. No. 189698, December 1, 2009

GMA running as Congresswoman of Pampanga

As if 9 years as President is not enough, GMA is running for a seat as 2nd District of Pampanga's Representative in Congress on 2010.

Legal implications aside, what I bring to fore is not the Constitutional controversy it may cause, but the degradation of the most cherished Filipino virtue of delicadeza. It seems that the impunity she experienced as the Chief Executive of this country has already immunized her of any shame in her actuations - her running for a seat in Congress is a clear manifestation of her family's strong clutch to the Office which she has degraded for so long.

Let this poem be my contribution to this country's disgust...

¡Adiós libertad querida,
adiós esperado durante mucho tiempo la paz.
El enemigo ha impedido
que de volver a la vida del país.
Tenga cuidado
de mi querido amor,
por el momento
ha llegado a portar armas.

(Farewell cherished freedom,
good bye long hoped peace.
The enemy has prevented you
from coming back to the country's life.
Take care my dearest love,
for the time has come to bear arms.)

Three consecutive weeks of newsmaking - The Philippines

For three consecutive weeks, The Philippines has been a news seller in the international press.

November 14, 2009 - MANNY PACQUIAO
The first boxer in the world to win seven (7) titles in seven (7) different weight classes.

November 22, 2009 - EFREN PENAFLORIDA
CNN 2009 Hero of the Year for his "Kariton Klassroom."

November 23, 2009 - MAGUINDANAO MASSACRE
The single deadliest event against journalist in recent history.

Premature Campaigning de-criminalized

With a vote of 9-5, the Supreme Court reversed its earlier ruling dated 11 September 2009, disqualifying Rosalinda Panera as mayor of Sta. Monica, Surigao del Norte. According to the majority, the previous ruling was "contrary to the clear intent and letter of the law."

The Court ruled that under the law, a candidate was defined as "any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy" and that "any person who files certificate of candidacy shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy." Ergo, when the applicable provisions of Republic Act No. 8436, as amended by Republic Act No. 9369, and read together, these provisions of Omnibus Election Code, the law does not consider Penera a candidate for purposes other than the printing of the ballots until the start of the campaign period.

The Court further provides that "any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period. The plain meaning of this provision is that the effective date when partisan political acts become unlawful as to a candidate is when the campaign period starts. Before the start of the campaign period, the same partisan political acts are lawful."

With this decision, the Court said that "Congress has laid down the law – a candidate is liable for election offenses only upon the start of the campaign period. This Court has no power to ignore the clear and express mandate of the law that 'any person who files his certificate of candidacy within [the filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy.' Neither can this Court turn a blind eye to the express and clear language of the law that 'any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period.'"

Full Text of the Cases:

Panera v. COMELEC (En Banc Decision), G.R. No. 181613, September 11, 2009
Panera v. COMELEC (Resolution on MR), G.R. No. 181613, November 25, 2009

Riches that are beyond our imagination

Hindi ako mayamang tao..


kung dumating man ang panahon na mawala ako,
ang tanging maipapamana ko lang sa mga magiging anak ko...


ay ang aking mga ari-arian, lupain, restaurant, mga bahay,
mga alagang hayop, sakahan at hacienda



sa FACEBOOK!


- ang may kalokohang may-akda

-----------------------------------------------

I am not a rich man..


And when the time comes for me to die,
the only things that I can bequeath to my children


are my properties, lands, restaurant, houses,
pets, farms and my ranch



at FACEBOOK!


- anonymous text message

Anti-Torture Law of 2009

President Arroyo signed into law last November 10, 2009, Republic Act No. 9745 titled "AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND PROVIDING PENALTIES THEREFOR" otherwise known as the Anti-Torture Law of 2009.

The law effectively punishes torture. Well, let see if it goes as planned. Bawal na tuloy mambugbog ng mga kawatan... F*ck! hehehe!

A very good digest by Atty. Laserna, read this for better grasp of the law.

Full Text of RA 9745.

Cavite now has 7 legislative districts

For a long time, there were only 3 districts for the Province of Cavite. The first district comprises Cavite City and the municipalities of Bacoor, Kawit, Noveleta and Rosario. The 2nd district with Trece Martirez City, Carmona, Dasmariñas, Imus, Gen. Mariano Alvarez, Gen. Trias and Tanza. Lastly, the 3rd district with Tagaytay City, Alfonso, Amadeo, Gen. Emilio Aguinaldo, Indang, Magallanes, Maragondon, Mendez, Naic, Silang and Ternate.

President Gloria Macapagal Arroyo signed into a law, Republic Act No. 9727 otherwise titled as "AN ACT REAPPORTIONING THE PROVINCE OF CAVITE INTO SEVEN (7) LEGISLATIVE DISTRICTS" effectively dividing Cavite into 7 legislative districts.

1. First district – Cavite City and the Municipalities of Kawit, Noveleta and Rosario.
2. Second district - Municipality of Bacoor.
3. Third district – Municipality of Imus.
4. Fourth district – Municipality of Dasmariñas.
5. Fifth district – Municipalities of General Mariano Alvarez, Carmona, and Silang.
6. Sixth district - Trece Martires City and the Municipalities of Gen. Trias, Tanza and Amadeo.
7. Seventh district – Tagaytay City and the Municipalities of Alfonso, Gen. Aguinaldo, Indang, Magallanes, Maragondon, Mendez, Naic, and Ternate.

With the re-apportioning of the districts, changes and challenges run abound. Lani Mercado will run in the newly created District of Bacoor against former Cavite 1st District Congressman Plaridel Abaya. Governor Ayong Maliksi will run as Congressman of the District of Imus. Brod Elpidio "Pidi" Barzaga now is running unopposed in the District of Dasmariñas. As for the old Districts, Congressman Boying Remulla has the old third District almost intact save for the separation of the largest Municipality of Silang. Cavite City Mayor Totie Paredes shall try to oust the long running Abaya regime in the 1st District. As for the old 2nd District, it is free for all for Vice Governor Osboy Campaña and Mayor Jun de Sagun of Trece Martires.

Cavite politics has changed forever. For better or for worse? Only time will tell.

Full Text of RA 9727.

On "re-electing" Erap

Sometimes, all it takes is looking twice.

The present debate on the Erap question has reached the halls of public opinion as the former President Joseph Estrada tried to test the waters over the Constitutional prohibition on reelection. Hence, to better understand the problem, it is important to analyze the Constitutional provision in it plainest and simplest language.

The 1987 Constitution has provided this provision regarding the case of electing a President:

"Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected."

This particular section provides for the manner of electing a President. At the onset, the provision states that "The President x x x shall be elected x x x." Hence, as in basic sentence construction, this provision is intended to a person who, under the law, has qualified, ran and eventually ELECTED as PRESIDENT. It did not distinguish whether it is the incumbent or the past President. In my personal opinion, the Constitution need not distinguish the same, as the provision was meant to apply to ANY person who was elected as President.

Therefore, the succeeding contentious statement "The President shall not be eligible for any reelection," should be easier to understand. The President who was elected under the circumstances of the previous provision shall not be eligible for ANY REELECTION. To completely appreciate the value of the word "any" it is important to view the deliberation of the 1986 Constitutional Commission when the proposals for the term of office of the President was debated upon.

According to the revered Father Joaquin Bernas, SJ, a noted constitutionalist, the word "any," which appeared twice in the provision, is a victory of the absolutists in the Commission who preferred that any person who was elected as President would no longer have the chance to be re-elected again, in any circumstances. As proof of such unanimous triumph is its repetition in the succeeding statement, though not intended for the elected President but to a person who has "x x x succeeded as President and has served as such for more than four years x x x," when it provides that the said person "shall not be qualified to the same office any time." Therefore, the intention of the members of the Commission can be clearly gleaned, as a magnanimous affirmation of a single term President.

Thus, when the provision was drafted, the framers intended no less that we shall have but a person, elected by the sovereign people and vested with such mandate, serve a single term of six years. It is therefore a make or break scenario. When Erap was elected in 1998, on his shoulders was laden the people's trust. Sad to say, he was not able to finish such term, because those gathered at EDSA in 2001 ousted him from power, aside from the fact that he was deemed resigned by the Supreme Court in the cases of Estrada v. Arroyo and Estrada v. Disierto. He missed his shot at history and only history now can judge him.

But as far as the Constitution is concerned, it is clear. Ubi lex non distinguit, nec nos distiguere debemos. When the law does not distinguish, we should not distinguish.

And for Erap, all I can say is dura lex, sed lex.

Erap to run as President in 2010

"This is the last performance of my life."

Erap formally declared and swore, that he will run as President in the 2010 Election, under the party of PDP-Laban, Partido ng Masang Pilipino and United Opposition. He made this announcement in front of thousands of cheering supporters at Plaza Hernandez in Tondo, Manila.

He also announced that Makati Mayor Jejomar Binay shall be his running mate as Vice-President. He also announced his senatorial slate, which includes Senate President Juan Ponce Enrile, Senator Jinggoy Estrada, Congressman Teddy Boy Locsin, Congressman Bongbong Marcos, General Danny Lim, Mr. Joey de Venecia, Mr. Koko Pimentel and two guest candidates, Senator Miriam Defensor Santiago and Congressman Ompong Plaza.

I shall make my legal comment later.

22 October 2009
Click to read my legal comment.

Semper fidelis

I am forever yours, faithfully...


Faithfully – Journey Music Code

Act of God Coverage in Philippine Insurance

"A society is not only defined by what it creates,
but by what it refuses to destroy."
John Sawhill

With the onslaught of Ondoy and Pepeng, and with Ramil threatening the Philippines again, are your properties really protected?

This is the question worthy of contemplation, as billions of pesos worth of cars and houses that were damaged by the onslaught of Tropical Strom Ondoy, are in peril of being lost forever because their owners were not insured against "acts of God," despite having comprehensive insurance policies. What does this mean? In this article, I shall aim to discuss the said coverage vis-a-vis the Insurance Code (which I just finished studying) and other relevant laws of the land.

In legal parlance, the term "acts of God" should be understood in the light of Article 1174 of the Civil Code which states that: “Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.” In law school, we are taught that such events are classified either as force majeure or fortuitous events. The latter refers to acts of God such as typhoons, floods and earthquakes which are unforeseeable while the former pertains to acts of man like invasions, accidents and the like which though foreseen, are inevitable.

Under the law, no person is liable for fortuitous events, because to do so would be to penalize a person for something natural, which he did not intend to happen, can not reasonably foresee, or that which he could not prevent. However, the law did provide certain exceptions to that rule, as when the law expressly provides liability in case of fortuitous events (like delay in the return of things subject of loan) or when the parties expressly stipulated in their agreement that either parties are liable for acts of God. The last exception would be especially important for this discussion, as the law provides liability when the nature of the obligation requires the assumption of risk.

Insurance, as defined by the Insurance Code of the Philippines, is a contract of indemnity, whereby one party, for consideration, bounds to indemnify the other, for loss, damage or liability, arising from an unknown or contingent event. A contract of insurance, has dual essence - a contract against risks on the part of the insured and a contract assuming the risk on the part of the insurer. Hence, in plain and simple analysis, a fortuitous event which although would not generally cause liability, since an insurance company is in the business of insuring the public against risk, the nature of their obligation requires them to indemnify the insured even in cases of acts of God.

However, under the Insurance Code, an insurer may except certain risks from the policy. As revealed by the present dilemna facing many Filipinos, insurance companies have classified a comprehensive insurance coverage into two - regular and true. The former only assumes third party liability, while the latter includes those which are unforeseen like Acts of God. A confusion on the terminology resulted to disenfranchising the victims of natural calamities and the possibility of losing their properties forever, by failing to pay additional premium for a truly comprehensive insurance policy.

What now happens to the thousands of Filipinos seeking compensation for loss or damage caused by the Acts of God whose policy does not cover it?

The insured may go to his insurance company and kindly request for indemnification. Good will and human nature dictates that we aid those who were victims of natural calamities. If it does not work, go back to the date when you procured the policy. If the insurance company or its agent fails, neglects or withholds a FACT, which a PARTY knows and ought to communicate, they are liable for concealment (Section 26, Insurance Code). The concealment whether intentional or unintentional entitles the injured party to rescind a contract of insurance. Hence, the failure to differentiate a regular from a truly comprehensive insurance policy, would necessarily give rise to an arguable cause of action on material concealment.

In closing, natural calamities are a way of life. Despite our best preparations, we can only do so much. We must therefore, hope for the best, but must likewise prepare for the worst. It is the reason we procure for ourselves, certain back-up plans to insure us against what we never expected. So a word of advice, check what is excepted before you get you car insurance. Because the next time, God may not be so kind.

Civil Procedure - Finals

Reconstituted some of the questions in my Civil Procedure Finals under Atty. HMB. 17 October 2009.

1. What is the doctrine of primary jurisdiction?

2. Dante purchased a condominium unit from Mystica Corporation at P11 million. He paid 50% of the price on the condition that on or before 10 January 2009, the condominium shall be fit for occupancy. When Dante came to the Philippines on 15 January 2009, he found that the place has not even been started yet. He filed a case for specific performance and damages against Mystica Corporation before the Regional Trial Court, which rendered judgment in favor of Dante On Appeal, Mystica Corporation contend that the RTC had no jurisdiction because P.D. 957 has specifically vested the same with the HLURB.

(a) Rule on the contention of Dante.
(b) Suppose the appeal was denied, will a certiorari lie?
(c) [another question which I forgot]

3. When is LEAVE OF COURT necessary, and what are the effects if not obtained?

(a) Amendment
(b) Bill of Particulars
(c) Demurrer
(d) Intervention
(e) Deposition pending action

4. Q filed a case for collection of sum of money against "X', "Y" and "Z" for P250,000, P300,000 and P400,000 respectively, at RTC Quezon City. X is an incompetent living with his mother at San Fernando, La Union. Y is a partnership, whose partners have different offices at Makati City. And Z is a foreign corporation doing business in the Philippines without license.

(a) Can there be joinder of parties?
(b) To whom can summonses be served on "X", "Y" and "Z"?
(c) When should they file their respective answers?

5. [forgot the bloody question]

6. KKK attached a parcel of land owned by XXX to answer for his debt. Upon favorable judgment, KKK moved to execute on the attached properties.

(a) In case the property is insufficient, what can XXX do?
(b) [forgot the bloody question]
(c) What are the other remedies of XXX?

7. Distinguish quo warranto under Rule 66 and under the Omnibus Election Code.

8. Defendant filed a motion for leave of court to file a demurrer to the evidence but was denied. The defendant nevertheless filed a demurrer which was granted. On appeal, the demurrer was dismissed by the appellate court and remanded the case to the court a quo for further proceedings. Defendant presented evidence. The court ruled in favor of the defendant, which became final and executory. The plaintiff moved for new trial on the ground of mistake and excusable negligence. Rule on the contention of the plaintiff.

9. A foreclosed the property of B. The court issued the Order of Confirmation, which B questioned in his motion for reconsideration. C, the second mortgagee, sought to redeem the property. The court granted the same based on equity of redemption. Is the court correct?

10. Plaintiff filed a case of unlawful detainer against the defendants. The court ruled in favor of the plaintiff. However, the appeal was perfected and a supersedeas bond was posted. On appeal, the plaintiff sought the issuance of a writ of preliminary mandatory injunction to restore him in possession of the property. Defendants opposed on the grounds that the appellate court has no jurisdiction to issue injunctive reliefs.

(a) Does the appellate court have the power to issue injunctive reliefs?
(b) Suppose the judgment was in favor of the defendant, would your answer be the same?
(c) Suppose the defendant refuses to vacate the property, can he be held liable for contempt?

11. Distinguish direct from indirect contempt.

Insurance - Finals

Reconstituted questions of Atty. MRD's final examinations.

1. Arlene owns a 2,000 square meter land which she subdivided. On one half portion, she built a building and insured the same against fire, with the prohibition against the storage of flammable liquid inside the building or within 20 meters from it. Arlene mortgaged the building and the adjacent land to Bianca, where the latter constructed a gasoline station. Because of Arlene's failure to pay the installments, Bianca foreclosed the property. It was sold at public auction with Bianca as highest bidder. A certificate of sale was issued.

(a) Suppose the property was burned, can Arlene claim from the insurance?
(b) Suppose Arlene assigned the policy to Bianca in the Real Estate Mortgage, can Bianca claim?
(c) Suppose Bianca consolidated title in her name on the property after a year and secured a separate fire insurance. There was a condition in the policy which states that 6 months after getting the policy, Bianca would construct a firewall. 3 months into the policy, a fire broke out and damaged the property. It was later learned that it was caused by faulty wiring. Can Bianca claim?
(d) Suppose the policy is "open", what is the measure of indemnity of the policy?


2. Carlo owns a P2 million vessel, chartered by Dante for consideration of P1 million, to carry the cargoes of Edwin, Fidel and Gardo worth P1 million each. Dante expects to earned P3 million from the transactions.

(a) What can Carlo insure? State the extent of the insurable interests.
(b) What can Dante insure? State the extent of the insurable interests.
(c) Suppose Edwin insured his cargo for P1 million. Due to bad weather, it became necessary to jettison some of Edwin's cargo to save the ship and cargo. Edwin lost P500,000 worth of cargo. Who are liable for the cargo and how much can Edwin claim?
(d) Fidel insured his cargo for P800,000. He lost P200,000 worth of cargo. How much is the insurer liable to pay?
(e) Gardo insured his cargo for P1 million. He lost P500,000 worth of cargo due to fire which came from the kitchen, because the door was negligently left open. Is the insurer liable?


3. What are implied warranties in marine insurance?
4. What are deviations in marine insurance?
5. State the rule of payment in case of over insurance by double insurance.
6. What are the instances when premiums may be returned?

Credit Transactions - Finals

Reconstituted questions of Finals under Atty. MEV, 8 October 2009.

1. Distinguish Insolvency from Bankruptcy. What is permitted of the debtor under the Insolvency Law?
2. Distinguish Special preferred credits from Ordinary preferred credits. What is the rule of preference for specific movable property?
3. Bayan Co. had a mortgage credit from Pilipinas Co. in the amount of P500,000, secured by a 1st chattel mortgage on a property. Bayani Co. also has a credit in the amount of P1,000,000 secured by a 2nd chattel mortgage on the same property. Bayan Co. partially paid P300,000 of his credit with Pilipinas Co. Thereafter, Bayani Agbayani acquired the credit from Pilipinas Co. and increased the credit to P50,000. Who has preference on the mortgaged property, the 2nd mortgagee or the transferee?
4. Aida executed a "Deed of Sale with Assumption of Mortgage" with Adel. In the agreement, for and in consideration of assuming the mortgage and paying the indebtedness of Aida with Asia Trust, Adel shall enjoy possession and enjoyment of the property. Discuss the nature of the contract between Adel and Aida.
5. Discuss the right of redemption in the following circumstances: (a) period the right can be exercised; (b) effect when the right is not exercised; (c) effect when the right is exercised; (d) sale of the property to a third party; and (e) sale is not registered and without the consent of the mortgagee.
6. BONUS: Enumerate the four (4) exceptions to the rule of the divisibility of pledge.
   

Mandatory Legal Aid Service for Practicing Lawyers

BM No. 2012

PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING LAWYERS

RESOLUTION

Acting on the Memorandum dated January 27, 2009 of Justice Renato C. Corona re: Comment of the Integrated Bar of the Philippines on our Suggested Revisions to the Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the Court Resolved to APPROVE the same.

This Resolution shall take effect on July 1, 2009 following publication of the said Rule and its implementing regulations in at least two (2) newspapers of general circulation.

February 10, 2009.

———————–

RULE ON MANDATORY LEGAL AID SERVICE

SECTION 1. Title. - This Rule shall be known as “The Rule on Mandatory Legal Aid Service.”

SECTION 2. Purpose. – This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.

SECTION 3. Scope. – This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines.

SECTION 4. Definition of Terms. – For purposes of this Rule:

(a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term “practicing lawyers” shall exclude:

(i) Government employees and incumbent elective officials not allowed by law to practice;
(ii) Lawyers who by law are not allowed to appear in court;
(iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples’ organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and
(iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

(b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No. 150135, 30 October 2006, 506 SCRA 81);

(c) Legal aid cases are those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation;

(d) Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de
oficio shall also be considered as free legal aid services and credited as compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in the country;

(f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is specifically tasked with handling legal aid cases;

(g) Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically tasked with disciplining members of the Bar;

(h) IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the different geographical areas of the country as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasi-judicial bodies, it refers to an officer holding an equivalent or similar position. The term shall also include an officer holding a similar position in agencies exercising quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding.

SECTION 5. Requirements. –

(a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aid service. He may also coordinate with the IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where he may render free legal aid service. In this connection, the IBP Legal Aid Chairperson of the IBP Chapter shall regularly and actively coordinate with the Clerk of Court.

The practicing lawyer shall report compliance with the requirement within ten (10) days of the last month of each quarter of the year.

(b) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case. The certificate shall contain the following information:

(i) The case or cases where the legal aid service was rendered, the party or parties in the said case(s) for whom the service was rendered, the docket number of the said case(s) and the date(s) the service was
rendered.

(ii) The number of hours actually spent attending a hearing or conducting trial on a particular case in the court or quasi-judicial body.

(iii) The number of hours actually spent attending mediation, conciliation or any other mode of ADR on
a particular case.

(iv) A motion (except a motion for extension of time to file a pleading or for postponement of hearing or
conference) or pleading filed on a particular case shall be considered as one (1) hour of service.

The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyer’s compliance report.

(c) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter within the court’s jurisdiction. The Legal Aid Chairperson shall then be tasked with immediately verifying the contents of the certificate with the issuing Clerk of Court by comparing the copy of the certificate attached to the compliance report with the copy retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification, issue a compliance certificate to the concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBP’s NCLA for recording and documentation. The submission shall be made within forty-five (45) days after the mandatory submission of compliance reports by the practicing lawyers.

(e) Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-judicial bodies the number and date of issue of their certificate of compliance for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

(f) Before the end of a particular year, lawyers covered by the category under Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year, they are employed with the government or incumbent elective officials not allowed by law to practice or lawyers who by law are not allowed to appear in court. The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Two Thousand Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(g) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iii) shall secure a certification from the director of the legal clinic or of the concerned NGO or PO to the effect that, during that year, they have served as supervising lawyers in a legal clinic or actively
participated in the NGO’s or PO’s free legal aid activities. The certification shall be submitted to the IBP Chapter or IBP National Office.

(h) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Four Thousand Pesos (P4,000) by
way of support for the efforts of practicing lawyers who render mandatory free legal aid services. Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(i) Failure to pay the annual contribution shall subject the lawyer to a penalty of Two Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund for the legal aid program of the IBP.

SECTION 6. NCLA. –

(a) The NCLA shall coordinate with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent.

(b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers.

(c) The NCLA shall act as the national repository of records in compliance with this Rule.

(d) The NCLA shall prepare the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g).

(e) The NCLA shall hold in trust, manage and utilize the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors. The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its legal aid program.

SECTION 7. Penalties. –

(a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLA’s recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyer’s compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.

(b) The “not in good standing” declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board of Governors. During the said period, the
lawyer cannot appear in court or any quasi-judicial body as counsel. Provided, however, that the “not in good standing” status shall subsist even after the lapse of the three-month period until and unless the penalty shall have been paid.

(c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. The said
proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall
be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a
legal clinic or responsible officer of an NGO or PO shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal
and administrative charges against the malfeasor.

SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). – A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for legal writing and oral advocacy, four (4) credit units for substantive and procedural laws and jurisprudence and six (6) credit units for such subjects as may be prescribed by
the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.

SECTION 9. Implementing Rules. – The IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining who are “practicing lawyers,” what constitute “legal aid cases” and what administrative procedures and financial safeguards which may be necessary and proper in the implementation of this rule may be prescribed. It shall coordinate with the various legal chapters in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval.

SECTION 10. Effectivity. – This Rule and its implementing rules shall take effect on July 1, 2009 after they have been published in two (2) newspapers of general circulation.

After 3 Bar Ops, am I ready to take the Bar?

Am I ready to take the Bar?

That would sum up the questions that a would be lawyer would ask himself as he is nearing the completion of his law studies. Have I studied all the laws that covers the Bar subjects? Have I read the landmark jurisprudence of a particular provision? Have I mastered the basic doctrines of my profession? Is my handwriting legible? Do I sound legally logical enough to merit a mark in the examiners' mind?

Three years ago, I experienced my first Bar Operations. I was just fresh out of college, and I am still adjusting to the rudiments of law school life. As an inductee of TAU KAPPA PHI, we are bound by sacred duty to support the Bar Ops. As I recall, we have 23 barristers in 2007, most of whom I do not know back then. We made rounds at the offices of alumni brods for solicitations to pay for the hotel accommodation of the baristas. We rushed through the hotel floors in the late of night to provide their food and coffee requests. We scurried along the roads of Manila to go to various hotels for last minute tips and find an open photocopy center to reproduce them. We sold t-shirts and jackets to augment the finances of the fraternity, not to mention the personal cost it entailed us, for the food and the drinks at the bar site. At the site, we were serving food and drinks to the alumni brods. I even brought my own lighter and bottle opener to properly serve them. And all through this time, we are either drinking alcohol or are already drunk, with no sleep. That was the taste of my first bar ops, though I never fully understood its deeper meaning.

It was however a different story last year. I personally know four of the 26 barristers who took the 2008 Bar Exams. Although I am not the one taking the exams, I somehow feel what they feel. When they are hungry, I feel their hunger. When they are tired, I share their tiredness. When they want something to drink, I feel like drinking with them. When they are jittery, I feel tensed just the same. When they storm the heavens for answers, I feel the need to pray as well. Thus, I finally understood why we are there. We bore upon ourselves, by a solemn bounden oath to do whatever it takes, to veer them away from all the unnecessary distractions while they are taking the Bar. Participating at the Bar Ops transformed from one of duty, to one of service. What initially started as a pledge became a commitment to aid the barista in his quest to achieve the penultimate goal, an ATTY. at the beginning of one's name.

It is therefore with a clear perspective of what to expect and in no small measure, that at the beginning of the 2009 Bar Exams with 31 barristers up our sleeves, we start the drill again. With 10 inductees and all resident brods, we recited the pledge anew - SUSUPORTAHAN KO ANG BAR OPS! This year, we indeed faced a lot of difficulties. But with strong alumni support, we managed to end the Bar Operations for our barristers with a bang. A professor of mine once said, passing the Bar is the exception, flunking it is the rule. What we now do is to await the results come March 2010 and pray that our barristers proves to be the exception to the rule.

With all my palabras, the question still remains - am I ready for the Bar? I shall know it better, with two more Bar Ops (2010 and 2011) before I take it in 2012. But whilst I wait, I shall help the next set of barristers who I am 100% certain, I have personally met and been acquainted with. And all the while, I study hard and prepare for the toughest professional examination in our country. And to the present and future brods, it is my fervent hope, that they shall help me as well in my bar quest. The rest, I leave to God!

Mabuhay ang 2009 TAU KAPPAN Barristers!

Disaster Un-Preparedness of the Philippines

With the onslaught of Tropical Storm "Ondoy" (International Name: Ketsana) last Saturday, the Philippines was again placed on the world map. The Metropolitan Manila and its suburbs was caught by surprise, as the supposedly baby storm proved too much for our inadequate preparation, with a deluge of flood water. Millions were struck in traffic, as hundreds of thousands were directly affected by the floods causing some to climb on roofs and high places to escape nature's wrath. Many people that day lost their homes, their properties and for some, even their lives.

However, the most manifest incident that day was the complete absence of the government in all of our miseries. True, everyone was affected and even the Palace was inundated by flood. We have outstretched our limits for calamities this year and the limited government resources hamper rescue operations, but the country has been battered by calamities, every single year. Have we not yet mastered the art of disaster preparedness?

The government should be grateful of the spirit of voluntarism that reigns in the heart of Filipinos. On that fateful day, Filipinos rose beyond self and exhibited signs of great heroism. Everyone took his place, enemies became friends, strangers became companions, all helped each other. Private efforts for rescue and relief have sprung like a wildflower, children offering their piggy banks, students rushing towards relief centers to volunteer, workers taking some time off to help their friends and relatives. Until now, private efforts still leads the charge to aid those who was extremely affected by disaster.

But are we to contend with private "Bayanihan?" If private cooperation is all that we need during times of crisis, why the hell do we need a government for? Recent news that a 1977 study has already been made identifying flood prone areas and suggesting infrastructure measures to prevent what we exactly experienced last Saturday is disheartening. What happened could have been prevented had we followed that report and made the necessary precautions. We could have channeled much needed funds for the purchase of more radars so that PAG-ASA could accurately predict weather forecasts, rather than spend it on a million dollar dinner plate. We should have allocated more government funds to dredged the river and made flood controls than to increase Congressional pork barrel. We should have bought more rubber boats and 6x6 trucks than purchase a new Presidential chopper.

We could have done more things, but we did not.

It is said that "experience is a great teacher." If that is the case, why is it that a disaster prone country such as the Philippines, is always caught flat-footed during events of natural and man-made calamities? Had experience not taught as much? Or are we poor learners?

Come Saturday, so PAG-ASA say, another storm is on its way. Are we to hope for everything to be better? Or is our hope in government, the same as PAG-ASA is in the weather?

Bar Exams postponed due to TS Ondoy

As of press time, heard over DZMM Radio Patrol 630, at 1645H.

Supreme Court Public Information Office Chief and Spokesperson Atty. Midas Marquez has announced the postponement of the Bar Examinations set for tomorrow, 27 September 2009, to 4 October 2009, same time at the De La Salle University.

The postponement came after the incessant rains and massive flooding caused by Tropical Storm "Ondoy." This is the first time in Philippine history that the Bar Exams were postponed. The subjects set were Remedial Law and Legal Ethics and Legal Forms.


Updated as of 28 September 2009, at the Supreme Court.

Supreme Court Chief Justice Reynato Puno said that it was a logistical dilemma that caused the postponement of the Bar Exams, besides the fact that the venue is submerged in waist-deep flood water. The Supreme Court had to shell out additional funds to shoulder the expenses of re-issuing IDs and examination permits. They also had to re-negotiate the contract with De La Salle University over the use of the facilities, because the College Entrance Examinations for the university shall be conducted on the 4th of October.

GMA's Holiday Economics and the Recent Holiday Declarations

(Disclaimer: In writing this article, I have carefully considered the words in voicing my opinion. I do not favor any person, class or belief, nor do I hate any religion, in this article. The topic of this article is my professional, and to an extent, personal opinion on the wisdom and logic behind the declaration of holidays by the chief executive.)

Today, Ka Eraño Manalo is going to be laid to rest. My sincerest condolences to his family and the entire Iglesia ni Cristo.

But must everyone feel mournful of the spiritual leader's demise? I do not agree.

Since we adhered to the American notion of democracy, the separation of the Church and the State was enunciated in the Constitution.  It sprung forth from the lessons we derived during the Spanish era, when religious doctrines were laid down as public law, and the violation thereof carries with it state sanctioned penalties. Today, religion can neither dictate what the state should or should not do nor can religion hold any clout on political decisions made by duly elected leaders. The primacy of the Church is in the spiritual field and the government, as an institution, is shielded from it, hence it can decide on highly contentious issues without requiring religious imprimatur.

The Constitution in Section 5 of Article III further states that "No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights." It clearly provides for the rights of the people to exercise their religion within the bounds of law and the morality of their dogmas.

But the decision of the President to declare that today shall be a day of national mourning for the spiritual leader is unprecedented. It was even declared a special non-working holiday - a holiday as defined by the Labor Code and as understood by the common man. The question herein is a political in nature, hence, it is beyond the bounds of a constitutional controversy and within the wisdom of the promulgating authority. But the logic behind is open for interpretation and question.

Who is Eraño Manalo for the Filipinos? Is he a endeared by the entire population so as to render him worthy for the declaration of a holiday? Are his contributions to the society enough to merit him such honor? Will the funeral entourage consist of millions of Filipinos that a holiday has to be declared for all of them to view it? Is he a soldier to merit him honor guards from the Philippine Military Academy? Who is Eraño Manalo to a non-Iglesia ni Cristo?

I answer that he is an ordinary Filipino, like you and me, not much different but not much the same. 

Again, I do not question the honor bestowed on him, if such honor is due. But to honor him like that reserved to Presidents and heroes is much different. When Cory Aquino died a month ago, she was buried with honors because she was a former Head of State and Commander-and-Chief. Her casket was carried on top of a truck, and hundreds of thousands flocked the streets to bid her adieu, and it could have been a million had the weather been kinder. She was an international icon of democracy.

She deserved it. Does Eraño deserve it too?

Probably he does, for founding a religion that tells its members to vote only the candidates they choose. Wise decision for Gloria Arroyo. The Philippine President has decided to declare the burial of Ka Erdie as a holiday and she moves the celebration of our Independence Day from the 12th of June to the nearest Monday. Holiday economics? Or a pure blatant attempt at politicking? 

Again, I do not disagree at giving honor when honor is due. But if politics mar the grant of honor, it loses its altruistic character and gives it a face of disgrace.

My sincerest apologies to those who do not agree with my opinion and you are free to comment.

Ka Eraño Manalo, may you rest in God's peace. 

Primera del "ber"

Tis the first day of the month with the suffix "ber" at the end. Everyone you know the drill!

We must save up for that day.

We must start going over our gift list.

We must set up the tree and the decorations and the lights.

Its the season of the year.

Philippines offers refugee transit: aid agency

Report from Agence France Press

The Philippines on Friday offered emergency transit facilities on its territory for refugees in a novel arrangement signed with the UN and an aid agency, the latter said.

The agreement was the first formal document of its kind, said the International Organisation for Migration (IOM), a co-signatory with the United Nations High Commission for Refugees (UNHCR).

It will offer safe passage for refugees "who risk being sent back to countries from which they have fled or who need to transit in another country, pending the processing of their cases and their subsequent resettlement in a third country," IOM said in a statement.

Under the agreement, IOM will provide transport to and within the Philippines for the refugees, as well as onward transport to resettlement countries.

It will also provide medical screening on arrival and prior to departure, as well as cultural orientation to prepare the refugees for their new lives in their country of destination.

"This agreement will result in better protection for refugees in high risk situations, who can now be evacuated to the safety of the Philippines and processed, prior to their permanent resettlement in a third country," said Bruce Reed of the IOM Manila office.

The Philippines foreign office said in a statement that it is a party to the 1951 Convention on the Status of Refugees and "has a long-standing commitment to assist the UNHCR in addressing the plight of refugees".

It said the country "has served occasionally as a temporary safe haven for refugees and asylum-seekers not only from Asia, but also from various parts of the globe.
"Philippine refugee centres and policy framework towards assisting the UNHCR have been recognised as models internationally," it added.

The Philippines, which provided military bases for US forces who fought in the Vietnam War, later operated transit facilities for Vietnamese who fled their country by boat.

Some of the boatpeople who chose not to be repatriated or did not gain entry to resettlement countries were eventually given residency status in the Philippines.

nangangamusta, nag-iingay, nambubulabog

matagal tagal na ang panahon mula noong tayo ay muling nagkita,

sana ang pinag samahan hindi mawala sa isang kisap mata.

sapagkat sa huli kong bilang, hindi nagkamali at hindi nagdududa,

atin palang pagkakakilanlan at pagkakaibigan, isa nang dekada.

pumasok tayong mga musmos at walang kamuwang-muwang,

mga freshmen sa eskuwelahang itago sa pangalang san sebastian.

ang iba ay dating magkamag-aral subalit hindi magkakakilala ang karamihan,

pero nang pagsamahin ang tanan, nagbunga'y ibang klaseng samahan.

mula sa kadramahan hanggang sa kalokohan,

pati sa panliligaw ng mga naging kasintahan,

kasama mo taong doon mo lang naging kaibigan.

sa kopyahan at suntukan, iyakan at inuman,

hanggang sa pag drawing ng maestrong kinaiinisan,

kadamay mo sa hirap at kasiyahan,

tropa mong nakilala sa unang araw ng pasukan.

ngayon, matanda na ang karamihan, alam kong marami ang magaangalan,

ang iba ay may asawa na, at ang iba naman ay nag-aasawahan.

ang iba ay estudyante pa rin, pero board at bar topnotcher naman... (hahahaha)

pero isa ang hindi magbabago, ito ang inyong pakatandaan:

sa oras na ako'y pagod na sa pagbabasa ng librong dapat pag-aralan,

at ang kasong sandamakmak ay gusto ko ng tulugan,

sa isang waglit panahon ang aking ala-ala naglalakad sa kawalan,

at nagmumuni-muni, kamusta na kaya ang aking mga kaibigan?

Ninoy's undelivered speech

(This is the entire statement as it appears (all-caps, italicized quote, and all) in “A Testimony by Ninoy,” a pamphlet published on September 1, 1983 by the Human Development Research and Documentation office of the La Ignaciana Apostolic Center as Human Society No. 21)

I have returned on my free will to join the ranks of those struggling to restore our rights and freedoms through nonviolence.

I seek no confrontation. I only pray and will strive for a genuine national reconciliation founded on justice.

I am prepared for the worst, and have decided against the advice of my mother, my spiritual adviser, many of my tested friends and a few of my most valued political mentors.

A death sentence awaits me. Two more subversion charges, both calling for death penalties, have been filed since I left three years ago and are now pending with the courts.

I could have opted to seek political asylum in America, but I feel it is my duty, as it is the duty of every Filipino, to suffer with his people especially in time of crisis.

I never sought nor have I been given assurances or promise of leniency by the regime. I return voluntarily armed only with a clear conscience and fortified in the faith that in the end justice will emerge triumphant.

According to Gandhi, the WILLING sacrifice of the innocent is the most powerful answer to insolent tyranny that has yet been conceived by God and man.

Three years ago when I left for an emergency heart bypass operation, I hoped and prayed that the rights and freedoms of our people would soon be restored, that living conditions would improve and that blood-letting would stop.

Rather than move forward, we have moved backward. The killings have increased, the economy has taken a turn for the worse and the human rights situation has deteriorated.

During the martial law period, the Supreme Court heard petitions for Habeas Corpus. It is most ironic, after martial law has allegedly been lifted, that the Supreme Court last April ruled it can no longer entertain petitions for Habeas Corpus for persons detained under a Presidential Commitment Order, which covers all so-called national security cases and which under present circumstances can cover almost anything.

The country is far advanced in her times of trouble. Economic, social and political problems bedevil the Filipino. These problems may be surmounted if we are united. But we can be united only if all the rights and freedoms enjoyed before September 21, 1972 are fully restored.

The Filipino asks for nothing more, but will surely accept nothing less, than all the rights and freedoms guaranteed by the 1935 Constitution — the most sacred legacies from the Founding Fathers.

Yes, the Filipino is patient, but there is a limit to his patience. Must we wait until that patience snaps?

The nation-wide rebellion is escalating and threatens to explode into a bloody revolution. There is a growing cadre of young Filipinos who have finally come to realize that freedom is never granted, it is taken. Must we relive the agonies and the blood-letting of the past that brought forth our Republic or can we sit down as brothers and sisters and discuss our differences with reason and goodwill?

I have often wondered how many disputes could have been settled easily had the disputants only dared to define their terms.

So as to leave no room for misunderstanding, I shall define my terms:

1. Six years ago, I was sentenced to die before a firing squad by a Military Tribunal whose jurisdiction I steadfastly refused to recognize. It is now time for the regime to decide. Order my IMMEDIATE EXECUTION OR SET ME FREE.

I was sentenced to die for allegedly being the leading communist leader. I am not a communist, never was and never will be.

2. National reconciliation and unity can be achieved but only with justice, including justice for our Muslim and Ifugao brothers. There can be no deal with a Dictator. No compromise with Dictatorship.

3. In a revolution there can really be no victors, only victims. We do not have to destroy in order to build.

4. Subversion stems from economic, social and political causes and will not be solved by purely military solutions; it can be curbed not with ever increasing repression but with a more equitable distribution of wealth, more democracy and more freedom, and

5. For the economy to get going once again, the workingman must be given his just and rightful share of his labor, and to the owners and managers must be restored the hope where there is so much uncertainty if not despair.

On one of the long corridors of Harvard University are carved in granite the words of Archibald Macleish:

“How shall freedom be defended? By arms when it is attacked by arms; by truth when it is attacked by lies; by democratic faith when it is attacked by authoritarian dogma. Always, and in the final act, by determination and faith.”

I return from exile and to an uncertain future with only determination and faith to offer — faith in our people and faith in God.