Saturday

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.

Wednesday

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?

Friday

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.

Tuesday

Nada te Turbe

A beautiful prayer by St. Teresa of Avila.

Nada te turbe;
nada te espante;
todo se pasa;
Dios no se muda,
la pacïencia
todo lo alcanza.
Quien a Dios tiene,
nada le falta.
Solo Dios basta.

English Translation by Henry Wadsworth Longfellow:

Let nothing disturb thee,
Nothing affright thee
All things are passing;
God never changeth;
Patient endurance
Attaineth to all things;
Who God possesseth
In nothing is wanting;
Alone God sufficeth.

But I would like to use the highlighted lines in a more modern translation, offered by Fr. Jonathan Caballero, OAR in the mass last Sunday.

He who has God in him,
does not lack anything.

Sunday

Civil Procedure - Midterms

These are the reconstituted questions for our Midterm Examinations under Atty. HMB.
  1. Explain "Jurisdiction is confered by law but is determined by the assertions in the pleading."
  2. Jose, a Police Chief Inspector, was conducting surveillance operations at the Pegasus Night Club. On such occasion, he killed someone. He was subsequently charged with Homicide at the Regional Trial Court of Quezon City. After the prosecution rested its case, Jose moved to dismiss the case, contending that it is the Sandiganbayan that has jurisdiction over his case. The RTC ordered the records of the case be forwarded to the Sandiganbayan. The Sandiganbayan did not take cognizance of the case, and remanded it back to the RTC. Was the Sandiganbayan correct?
  3. A building inside the "Pamilihang Sentral ng Sta. Mesa" is said to be owned by VCF Enterprises and is rented out to stallholders. Five stallholders of the building found evidence that proves VCF's Title No. 133576, issued by the Register of Deeds of Manila is spurious, questionable and doubtful. In behalf of all stallholders, the five instituted a class suit for cancellation of the title and damages. Is the complaint proper?
  4. Ric Bonto entered into three different contracts with Mario (contract of lease), Lirio (contract of mortgage) and Augusto (contract of sale) involving the same parcel of land in Sampaloc, Manila. All violated the terms of their respective agreements. Can Ric Bonto institute a single complaint for all three?
  5. Distinguish Primary Jurisdiction from Residual Jurisdiction.
  6. Manuel filed a case to compel Doña Trinidad to transfer to him a parcel of land. The trial court ruled in favor of Manuel. The defendant appealed to the Court of Appeals. While on appeal, Doña Trinidad died. The heirs actively pursued the appeal without any formal substitution of parties. The CA affirmed the decision of the trial court. The heirs filed a petition before the Supreme Court claiming that the CA did not acquire jurisdiction on the person of the heirs because there was no formal substitution. (a) Will the petition prosper? (b) Suppose the property was transferred to a third person pendente lite, would the answer be the same?
  7. Juan dela Cruz filed a case against Y Company at the Regional Trial Court of San Pablo City. He would like to take the deposition of Pedro Santos, a resident of Lucena City and employee of Y Company, because he was not able to secure a subpoena for him. Pedro refused to give his deposition. Even when the RTC have already issued a subpoena for him, he still refused to appear before the court. (a) What sanctions may be imposed upon Pedro Santos? (b) Suppose his deposition was taken and introduced in part, by the adverse party. May he be considered as his witness?
  8. What are the requirements for genuiness and due execution of actionable documents?
  9. Monark Corporation filed a case against Asian Construction for collection of sum of money due to the non payment of rentals for leased equipments owned by Monark. Asian Construction moved for leave of court to file Third Party Complaint against Bechtel Company, because it is latter that actually used the leased equipments and did not pay Asian Construction for the use. The Regional Trial Court denied the motion of Asian Construction. (a) Is the RTC correct in dismissing the motion for the filing of a Third Party Complaint? (b) According to the case, what are the requisites for a Third Party Complaint?
  10. Jose's brand new Toyota Altis, parked along Batasan Road, Quezon City, was hit by a wayward Izuzu Crosswind. He then filed a case for damages at the Regional Trial Court of Quezon City against: "A", the driver of the Crosswind, who is a resident of Batangas City; "B" the owner of the Crosswind, who is temporarily a resident of Singapore; and "C" a foreign insurance corporation without any agent in the Philippines. Summonses were validly served to them on June 5, 10, and 15, respectively. (a) When must the defendants file their answer? (b) The defendants moved to dismiss the complaint on the ground of: "A" the venue is improper; "B" the court lacks jurisdiction over the subject matter of the case; and "C" the court has not acquired jurisdiction over the person of the defendant. Rule on the defenses.
  11. Crispin filed a complaint for collection of sum of money at the Regional Trial Court of Makati for P250,000. Realizing the error, Crispin moved to amend the amount by raising it to P500,000. The court dismissed the motion claiming that it cannot rule on the amendment of the pleading as it has not yet acquired jurisdiction over the case. Is the contention of the RTC valid?
  12. On August 1, 2005, Atty. Pepe Santos received a notice of registered mail. Because his family went on vacation from August 4 to 11, 2005 in Bali, Indonesia, he was only able to check the mail on August 21, 2005. He found out that it is a copy of the decision against his client dated July 13, 1999. Can he still appeal the decision?

Friday

Insurance - Midterms

These are the reconstituted questions asked in our Midterm Examinations under Atty. MRD.

  1. State Section 2 of the Insurance Code.
  2. What are the kinds of policies? Define each.
  3. What are the exceptions to the change in interest rule?
  4. What are the insurable interest of persons?
  5. State the effects of the assignment of policies to mortgagor and mortgagee.
  6. What is the test of Materiality in Representation?
  7. XYZ Corporation is a juridical entity created and duly registered in the Philippines. Majority of its directors are Iraqis. It entered into an insurance contract with Seguro Insurance for its merchant ships in January 1, 2000. On April 1, 2000, the Philippines declared war against Iraq. On June 1, 2000, the war ceased. Thereafter, in July 1, 2000, one of its merchant ships sank of the coast of Africa. Can XYZ Corporation collect from its insurance coverage?
  8. Torculo mortgaged his house to Tambunting for P1 million. The value of the house is P2 million. Tambunting later insured the house for P2 million. If the house was lost, how much should the insurer pay Tambunting? Explain.
  9. Elisa has a P500,000.00 debt with her best friend Clarissa. Elisa then took a life insurance policy for P1 million, and designated Clarissa as beneficiary. When Elisa died, her executor claimed that only P500,000 should be given to Clarissa, and the remaining amount be credited to Elisa's estate. Is the contention of the executor valid?
  10. Manolo was chosen by ACRE Corporation as its President on January 1, 2009. He was taken a life insurance by ACRE as its President. He also lived in a house owned by ACRE, which was subject to a fire insurance coverage because Manolo lived there. On April 1, 2009, Manolo resigned as President. He bought the house he was living in from ACRE. On June 1, 2009, the house burned down, killing Manolo. Can ACRE Corporation collect from the insurance policies of Manolo and the house?
  11. A boyfriend took a P10 million life insurance policy on his life and designated his girlfriend as the beneficiary. After some time, the boyfriend wanted to change the beneficiary because he alleged that his girlfriend committed infidelity. The girlfriend opposed on the ground that she has already acquired vested interest in the policy. Is the contention of the girlfriend correct?
  12. Pedro took a life insurance policy on his life in January 1, 2005, and named his son Juan as beneficiary. On December 30, 2006, Pedro wanted to change the beneficiary because the son has allegedly been hooked on illegal drugs. A year later, on December 30, 2007, Pedro died of cancer. In the application for insurance filled by Pedro with the agent of the insurance company, he concealed the fact that he was diagnosed with cancer. Meanwhile, the heirs of Pedro filed a case for collection of the insurance coverage with the courts. The insurance company denied liability, citing the defense of concealment. Rule.
  13. Minda, a laundry woman, took a life insurance policy on her life. On her application in January 1, 2009, she answered "NO" in the question, "Are you suffering from any ailments or diseases in the stomach, liver, kidneys and intestine?" On August 1, 2009, she died of kidney cancer. The insurance company denied liability claiming concealment. Decide.
  14. Gregorio owned a building worth P5 million. He had a P3 million loan from Andres. How much can Andres insure the building? Can Gregorio assign the policy to Andres, and likewise, what are the effects?

Credit Transactions - Midterms

These are the reconstituted questions of the Midterm Examinations under Atty. MEV.

  1. State the ruling in the case of Eastern Shipping Lines v. CA and relate it to the ruling in the case of State Investment House v. CA.
  2. What is a warehouse receipt? Give its definition and nature.
  3. What are the elements of usury?
  4. Amado and Amanda
  5. Distinguish sub-guarantee from indefinite guaranty.
  6. When can a bailor in commodatum demand at will?
  7. How does a sub-guarantor avail of the benefits of excussion and division?
  8. Why is the doctrine strictisimi juris applied in accomodation surety?
  9. A secured a loan from B in the amount of P10,000,000.00 with 6% interest on January 1, 2006. A defaulted in the payment of the loan. B filed an action for collection of a sum of money on February 10, 2009. How much interest shall be paid?
  10. State the ruling in the case of Cebu International Financial Corporation v. CA.

Bonus Question: What is the meaning of credit transactions?

Wednesday

Negotiable Instruments - Midterms

Because I am quite lazy as of press time, I just scanned my Midterm Examinations booklet. Just check my answers.

Answer to Question 1.a.

Answer to Question 1.b.

Answer to Question 2.a.

Answer to Question 2.b.

Answer to Question 3.a.

Answer to Question 3.b.

Answer to Question 4.a.

Answer to Question 4.b.

Answer to Question 5.a.

Answer to Question 5.b.

Monday

Paalam Tita Cory at Maraming Salamat!

I am writing this blog at the end of the 10 day period of mourning as declared by President Arroyo. Although it may be a little bit late, I am placing my share to the multitude of people, Filipinos and foreigners alike, in giving my 4 centavos worth on the life and death of Corazon Cojuangco Aquino.

Ten days ago, we lost a mother to us all. And tens of thousands of people later came to show their last respect.

For those who do not know me, I was born at the time when she was catapulted to national prominence. While my own mother patiently delivers me into the world, she prayerfully delivers her speech at the Miting de Avance for the 1986 Snap Election. I was a child during the coup attempts against her administration, and I even have a photograph of Gringo Honasan who hid in our house at Kawit. I remember blaming her for the 8 to 12 hours of electric blackout which was prevalent in the 1980s to 1990s. I remember her as the President and the mother of an actress who happens to be a childhood crush.

But despite of all the wrong things and policies in effect during her administration, I fondly remember calling her Tita Cory. Whenever my parents would ask me, "Who is the Philippine President?" I would vividly answer, "Tita Cory."

The former President is more than our country's leader, she is a mother to us all. She is like a distant aunt, who we can relate with. We share her experiences, her happiness and sadness. We listen to her intently when she speaks. She was our example of Christian piety. She is the epitome of a Filipina - prayerful, loving and simple. She is simply our Cory.

When she died last August 1, I saw in her the death my own grandmother. Peaceful in life, God gave them both a peaceful death. I was billeted at the Bayview Park Hotel when her cortege passed by from La Salle Greenhills to the Manila Cathedral. On the last day of her wake, I braved the rains and the floods of Intramuros, as I fell in line to view her remains. Although I could have passed by the dignitaries' entrance, I decided to go the long route to experience the common man's fate. I shared the line with Tony, a teacher from Norzagaray, Bulacan; Glenda and Joan of a brokerage company in front of the Cathedral; 5 employees of the Marine Slipway Port Services; 2 students who resides at Commonwealth and the women employees of Crawfords. We were together from 2100H of 4 August to 0200H of 5 August. But I am not sure if they succeeded in viewing Cory's remains, as I went out of my line and decided to pass through the VIP entrance nonetheless. While inside the Cathedral, I sat and pondered as I see the long queue of people, who waited for 5 to 6 hours, just to have at least a 3 second view of the President.

On the day of her funeral, I stood by in front of the US Embassy to catch one final glimpse of our former President. As the flat truck passed by, I was taking a video with my left hand, while raising my right hand with the "L" sign and chanting "Cory, Cory, Cory!" I did not realize that tears were forming at the corner of my eyes.

Tears were forming.

An icon of democracy has now been laid to rest. It is my fervent hope that her legacy would not be forgotten. I was a baby when history unfolded for our nation. A simple widow toppled a powerful strongman. With the power of prayer and people, she managed to lead our nation. 23 years later, I would be a witness to the end of an era, the passing of a torch. Whoever picks up the flag where it now lays is sure to face a tough comparison, but is also assured of the people's vigilant support.

Tita Cory, ito na ang huling paalam. Maraming Salamat! Tuloy pa rin ang LABAN!

Sunday

Philippines mourns democracy icon Corazon Aquino

Copied verbatim from Yahoo! News Obituary

By JIM GOMEZ, Associated Press Writer Jim Gomez, Associated Press Writer Sun Aug 2, 2:41 am ET

MANILA, Philippines – Thousands of Filipinos lined up for hours Sunday to see the body of former President Corazon Aquino — the beloved democracy icon who swept away a dictator and inspired nonviolent resistance to autocratic rule.

Aquino, 76, died early Saturday in a Manila hospital after a yearlong battle with colon cancer.

Thousands trooped to a suburban Manila university stadium where Aquino's coffin, teeming with yellow roses and orchids, was displayed on a platform.

Some mourners openly wept and carried yellow ribbons — the color that symbolized her democratic advocacy. One held an old poster of Ferdinand Marcos, the strongman she helped depose in 1986.

Aquino rose to prominence after the assassination in 1983 of her husband, opposition leader Benigno "Ninoy" Aquino Jr. The uprising she led in 1986 brought down Marcos' repressive 20-year regime and served as an inspiration to nonviolent resistance across the globe, including those that ended communist rule in eastern Europe. Chinese President Hu Jintao sent condolences to Philippine President Gloria Macapagal Arroyo, Chinese Foreign Ministry spokeswoman Jiang Yu said in a statement Sunday.

"Mrs. Aquino is an outstanding leader of the Philippines and she is also a good friend of the Chinese people," Jiang said. "The Chinese government and the Chinese people deeply lament her death."

President Barack Obama was deeply saddened by Aquino's death, White House press secretary Robert Gibbs said Saturday.

Aquino's supporters had been holding daily prayers for her in churches around the country since she was rushed to intensive care after she stopped eating in late June.

Arroyo, who is on an official visit to the United States, remembered Aquino as a "national treasure" who helped lead "a revolution to restore democracy and the rule of law to our nation at a time of great peril.

Arroyo declared a 10-day national mourning period Saturday.

Maria Corazon Cojuangco was born on Jan. 25, 1933, into a wealthy, politically powerful family in Paniqui, about 75 miles (120 kilometers) north of Manila. Her unlikely rise began in 1983 after her husband was gunned down at Manila's international airport moments after soldiers escorted him from a plane on his arrival from exile in the United States to challenge Marcos, his longtime adversary. Investigations showed one of his military escorts was the assassin.

After the murder, Aquino returned to the Philippines and led the largest funeral procession Manila had ever seen, with crowd estimates as high as 2 million. The killing enraged many Filipinos and unleashed a broad-based opposition movement that thrust Aquino into the role of national leader.

"I don't know anything about the presidency," she declared in 1985, a year before she agreed to run against Marcos, uniting the fractious opposition, the business community, and later the armed forces to drive the dictator out.

In the wake of that election, the Marcos regime — which declared martial law in 1972 and had jailed Aquino's husband — started to unravel.

But Marcos claimed victory in those polls — widely seen as fraudulent — leading a group of military officers to mutiny against him on Feb. 22 and holed up with a small force in a military camp in Manila, leading to three days of protests by hundreds of thousands that finally toppled him.

On Feb. 25, Aquino was sworn in as the Philippines' first female leader and Marcos flew to exile in Hawaii, where he died three years later.

She stepped down in 1992 after serving for six years.

___
Associated Press writers Hrvoje Hranjski and Oliver Teves contributed to this report.
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