This Morning's Thought
This thought came to me just when I was going out for an appointment. I texted to this to blogger friends so I would not lose it.
Anyway, I think I know why the executive department
welcomed all challenges to Proclamation 1017.
Simple. Once oppositors thereto file a case in the Supreme Court, the
sub judice rule kicks in and all media discussion on the merits of the proclamation should cease.
Then all the supreme court needs to do is
take its sweet time until everything boils over.
Now,
17 groups really took the bait.
Brilliant, isn't it?
All 'Bout the Money
"All 'Bout The Money"
by Meja
Sometimes I find another world
inside my mind
when I realise
the crazy things we do
It makes me feel ashamed to be alive
It makes me wanna run away and hide
It's all 'bout the money
It's all 'bout the dum dum.......
And I don't think It's funny
to see us fade away
It's all 'bout the money
It's all 'bout the dum dum...
and I think we got it all wrong anyway
We find strange ways of showing
them how much we really care
when in fact
we just don't seem to care at all
This pretty world
is getting out of hand
So tell me how we fail to understand?
It's all 'bout the money
It's all 'bout the dum dum.......
And I don?t think It?s funny
to see us fade away
It's all 'bout the money
It's all 'bout the dum dum...
and I think we got it all wrong anyway
Anyway
Cause it's all 'bout the money
It's all 'bout the money
It's all 'bout the dum dum...
And I don't think it's funny
to see us fade away
It's all 'bout the money
It's all 'bout the dum dum...
and I think we got it all wrong
Anyway
It's all 'bout the money
It's all 'bout the dum dum...
And I don't think it's funny
to see us fade away
It's all 'bout the money
It's all 'bout the dum dum...
and I think we got it all wrong anyway
Anyway
"Who to Arrest" for Dummies
For those who are either too lazy or too dense (read: dumb) to figure out who will be arrested in the following days, I'll make it simpler for you...
Here's the list of those who will be arrested:
1. Members of the Communist Party of the Philippines, New People's Army and the Nationalist Democratic Front (if they can catch them, heheheheheheh!)
2. Prominent members of the so-called "left leaning groups" such as, but not limited to party list representatives of such groups like AKBAYAN, SANLAKAS, ANAKPAWIS and BAYAN MUNA (they got Crispin Beltran already, almost got Ka Satur, some more may follow)
3. Possibly members of some "civil society" groups, such as, but not limited to, the Black and White Movement, the Hyatt 10, etc. (include former President Cory Aquino here)
4. Prominent pro-Estrada/FPJ personalites and groups (the name of Susan Roces came up...)
5. Magdalo and other coup groups (and probably their sympathizers, associates), insert all "disloyal" military/police men here
6. Peping Cojuangco, his daughter Mikee Cojuangco-Jaworski (another case of "rebellion complexed with catering" where the instruments of the crime are chicken sandwiches, macaroni salad, corn and cookies), Boy Saycon and all people in that
meeting at Peping's house
Of course, this is just the list according to the Palace's own
chronology...
There will be others soon (probably "unfriendly" media practitioners), unless these people do something about it...
Not launch a coup, silly!
I don't want to be arrested also. My kids are still young... Don't scare me, I'm already scared...
They should file a case in the Supreme Court seeking an
injunction against the executive department from implementing
Proclamation 1017 and all
orders emanating from it... These people can legitimately claim to be real parties in interest (and not mere taxpayers...)
That's the legal thing to do... and of course, I'm playing armchair lawyer here...
Chronology of a Conspiracy
For my personal record purposes, I will "copy paste" the Palace's chronology of events which alleged led to Proclamation No. 1017. I copied this from Jove's Blog, but according to him, this is already in the OPS website.From this, one can easily deduce who will be arrested in the forthcoming days.CHRONOLOGY OF CONSPIRACY
Proclamation No. 1017 was issued to thwart a conspiracy to overthrow the government among the communist rebel movement, certain military officers, and some members of the opposition. The following is a chronology of events leading to the proclamation of a state of national emergency:
BEFORE THE WEEK OF 19-25 FEBRUARY 2006
Anti-Arroyo Groups Planned Massive Protests
• The Communist Party of the Philippines (CPP) directed front organizations to stage mass protests on 24 February, with 5,000 participants from Metro Manila and 25,000 from nearby provinces.
• CPP-linked groups mount lightning rallies from 17 to 22 February. In recent weeks, CPP’s New People’s Army intensify attacks on government troops.
• Bayan Muna leader Cong. Satur Ocampo said the aims of the protests is to coalesce with other anti-Arroyo groups, including the pro-Estrada and Hyatt 10 camps; and establish a renewed relationship with former president Cory Aquino.
• On 20 February in Alex Grill, Matalino St., Quezon City, the Black and White Movement, Akbayan, and other anti-Arroyo groups announced plans to march 20,000 protesters on 22 February around Metro Manila, converge at the People Power Monument on 23 February, and possibly move to Mendiola on 24 February.
• Pro-FPJ groups under Susan Roces declared that they would join anti-Arroyo protests on 24 February, at the People Power Monument and Mendiola.
• Pro-Estrada/FPJ supporters hold daily vigils and masses at the People Power Monument since 12 February.
Emerging Alliance Between Rebel Soldiers and Communist Insurgents
• On 17 January, four officers among the Magdalo group on trial for the 2003 Oakwood mutiny, escaped military custody.
• New People’s Army spokesman Ka Roger Rosal offered sanctuary to the four escaped Magdalo rebel soldiers.
• A captured document titled “Oplan Hackle” detailed plans for bombings and attacks starting on the Philippine Military Academy alumni homecoming on 18 February.
• The Hackle document also included a plan to spring more Magdalo soldiers.
• On 21 February, one of the escaped soldiers, Lt. Lawrence San Juan, was arrested while plotting with two NPA figures in a communist safehouse in Batangas province.
• Documents of the Magdalo-NPA meeting were captured and would be declassified.
23 FEBRUARY / THURSDAY
Plot to Oust President Arroyo
• In an evening meeting at the home of former congressman Peping Cojuangco, Cory Aquino’s brother, businessmen and mid-level officials plotted moves to bring down the Arroyo government.
• As reported by Time Magazine, longtime Arroyo critic Pastor “Boy” Saycon called someone whom he identified as a U.S. official about his group’s plans if President Arroyo is ousted.
• Saycon also phoned a man code-named Delta, whom Saycon identified as B/Gen. Danilo Lim, commander of the Army’s elite Scout Rangers. Lim said it was “all systems go” for the planned movement against President Arroyo.
• According to Saycon, Time reported, a military component was to march on Friday morning to the EDSA Shrine, near the People Power Monument where protests were to converge.
• At the Shrine, Time said, the troops would be met by Catholic bishops and a Marine general. The general would read a statement withdrawing support from the Arroyo government.
Threat to the Military Chain of Command
• Late that afternoon, meanwhile, B/Gen. Lim and Marine brigade commander Col. Ariel Querubin told AFP Chief of Staff Gen. Generoso Senga that restive young officers and soldiers planned to join rallies on 24 February, so as to provide critical mass and the armed component to the protests.
• Lim and Querubin said they might not be able to dissuade these troops from their plan, and there were indications that the two may also join them.
• After Lim and Querubin left, Gen. Senga discussed the problem with the Army, Navy and Air Force commanding generals.
• Lim and Querubin were called to join the top-brass meeting and advised to stop troops from joining the protests, but they did not seem willing to do so.
• After Lim and Querubin left, Gen. Senga and the major service commanders took steps to secure the AFP chain of command and its loyalty to the duly constituted government.
• They called all major military commanders in the country.
• Navy chief Adm. Mateo Mayuga spoke with the Marines.
• At Gen. Senga’s advice, Lim submitted to the AFP Chief of Staff’s custody.
Suspicious Actions at PNP Special Forces
• On 23 February, residents near Camp Sto. Domingo, base of the Philippine National Police Special Action Force (SAF) were told to take precautions because some SAF elements were planning to defect
.
• PNP Chief Gen. Arturo Lomibao asked SAF commander Gen. Franco about SAF situation and told him to disavow any SAF defection.
• Franco issued statement. He was later relieved without incident, along with two other SAF officials.
24 FEBRUARY / FRIDAY
• By early morning on Friday, 24 February, all military commanders and forces were accounted for and solidly behind the chain of command.
• While the situation was under control, in Gen. Senga’s assessment, it was still fluid and could change.
• The AFP leadership meets daily to assess the situation and take necessary action.
• The military has also embarked on a campaign to enhance the troops’ allegiance to constitutional government, and their understanding of the national situation.
Advised of the foregoing military and civilian developments, the President and the Cabinet decided on the morning of Friday, 24 February, to issue Proclamation 1017.
May God have mercy on us all...
Much ado about nothing?
The Marine "
stand-off" over at Fort Bonifacio may be over.
But I was shocked how agitated the people are. It seems that any soldier seeking people support, from this point on, will get a throng of people by his side.
But they should not be used this way.
And they should allow themselves to be used.
People are agitated as it is.
People are already jittery.
Proclamation 1017 and its companion General Order No. 5 are not helping the situation a bit.
These are serious times.
Tensions and emotions are high.
I hope and pray no one gets hurt.
And the same goes for their rights...
Philippine (Acting) President's/Vice-President's Oath of Office
I do solemnly swear (or affirm)
that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines,
preserve and defend its Constitution,
execute its laws,
do justice to every man,
and consecrate myself to the service of the Nation.
So help me God. (In case of affirmation, last sentence will be omitted.)
[From Section 5, Articl VII, 1987 Constitution]
Pledge of Allegiance to the Philippine Flag
I am a Filipino
I pledge my allegiance
To the flag of the Philippines
And to the country it represents
With honor, justice and freedom
That is put in motion by one nation
For God, humanity, Nature and
Country.
Philippine Patriot's Pledge
I love the Philippines.
It is the land of my birth;
It is the home of my people.
It protects me and helps me to be strong, happy and useful.
In return, I will heed the counsel of my parents;
I will obey the rules of my school;
I will perform the duties of a patriotic, law-abiding citizen;
I will serve my country unselfishly and faithfully
I will be a true Filipino in thought, in word, in deed.
Philippine Oath of Allegiance
I solemnly swear (or affirm)
that I will support and defend the Constitution of the Republic of the Philippines
and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines,
and I hereby declare that I recognize and accept the supreme authority of the Philippines
and will maintain true faith and allegiance thereto, a
nd that I impose this obligation upon myself voluntarily without mental reservation
or purpose of evasion.
SO HELP ME GOD.
Blog Lecture No. 58: Freedom of Expression
In an unprecendented move,
Punzi's Corner Blog shall be blog-lecturing not once, but twice in one day... but I will rely on our teacher, Fr. Joaquin Bernas, S.J. on this one...
What is the constitutional provision on freedom of speech, expression and of the press?Article III, Section 4 of the 1987 Constitution states:
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.
What does "speech," "expression" and "press" include?They include all forms of expression, whether oral, written, taped or disc recorded. It also includes movies and symbolic speech such as wearing of armbands as a symbol of protest.
What are the prohibitions regarding the freedom of speech clause of the constitution?This constitutional provision prohibits:
1. Prior Restraint
2. Subsequent Punishment
What is Prior Restraint?It means official government restrictions on the press or other forms of expression in advance of actual publication or dissemination. This may come in the form of warnings of closure or unjustifiable licensing systems, etc.
As a matter of fact, I believe any form of regulation or move by the state that would have a "chilling effect" on the freedom of speech is covered by the rule against prior restraint.
How about raiding and closing a newspaper for fear it may publish reports "damaging" to the present adminsitration?It may be covered by this prohibition.
"Such closure is in the nature of privious restraint or censorship abhorrent to the freedom of the press guaranteed under the fundamental law and constitutes virtual denial of the freedom to express themselves in dissent." (Burgos Sr., vs. Chief of Staff, AFP, 133 SCRA 800 [1985])
Is the prohibition against prior restraint absolute?Of course not. But any such system of prior restraint comes to court bearing a heavy presumption against constitutionality.
What are the exemptions?According to
Near vs. Minnesota, 283 US 697 (1931), it is as follows:
When a nation is at war many things that might be said in time of peace are such a hindrance to its error that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.' No one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops. On similar grounds, the primary requirements of decency may be enforced against obscene publications. The security of the community life may be protected against incitements to acts of violence and the overthrow by force of orderly government.
Hence, in simple terms:
1. When a nation is at war, any utternance that cannot be endured so long as men fight.
2. Actual troop movement and other tactical/security matters again at time of war (or arguable rebellion and/or insurrection).
3. Obcenity, at any time
4. Incitements to acts of violence or the overthrow by force of an orderly government.
5. Of course libel is likewise unprotected speech, at any time
What is subsequent punishment?Simply put, this punishes speech or expression after the fact.
What are the standards of allowable subsequent punishment of expression?There are three standards:
1. The Clear and Present Danger Test
2. The Dangerous Tendency Test; and
3. The Balancing of Interest Test.
What is the "Clear and Present Danger Rule"?According to
Schenck vs. United States (249 US 47):
"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
Hence:
1. There must be a danger
2. It must be clear and present; and
3. Such danger is of such substantive evil that the State/Congress has a right to prevent
Give examples of this danger.For example, lawless violence, disorder, chaos, rebellion, etc.
What is the "Dangerous Tendency Test"?Speech may be curtailed or punished when it creates a dangerous tendency which the State has the right to prevent. All it requires is a
rational connection between the speech and the evil sought to be prevented.
What is the "Balancing of Interest Test"?It rests on the theory that it is the Court's function in the case before it when it finds public interests served by legislation (or executive action) on the one hand and freedom of expression on the other, to balance the one against the other and to arrive at a judgment where the greater weight must be placed.
In short, it rests on the basis that constitutional freedoms are not absolute and that it may be abridged to some extent to seve appropriate and important interests. (paraphrased from
Gonzales vs. Comelec, 27 SCRA 899 [1969])
What do we follow here?It is the Balancing of Interest Rule.
Blog Lecture No. 57: Parliamentary Immunity
What does the 1987 Constitution say about parliamentary immunity?Article VI, Section 11 states:
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
What does this this entail?1. If the crime is punishable by six years or less, a member of any house cannot be arrested while congress is in session.
2. A member of congress cannot be questioned or held liable in any other forum for any speech or debate in Congress or any committee.
Is Congress is session right now?Yes.
So any member thereof cannot be arrested if the crime accused is punishable by less than six years imprisonment?Yes.
What is the punishment for inciting to rebellion?According to Article 138 of the Revised Penal Code, it is prision mayor in its minimum period.
What is that in years?According to Article 76 of the Revised Penal Code, it is six years and one day to eight years.
But can you arrest anybody here on a weekend?Could not find the authority on it yet but no because it would deprive one of court/bail processes, unless it is for a valid warrantless arrest.
But what about arrests caused by Congress itself?This immunity does not apply to those. The arrests caused by Congress as a form of discipline to its members (such as ensuring attendance, for punishable behavior, etc.) are not covered by this immunity.
In the meantime, also study this previous blog-lecture on
arrests.
Ramos support to GMA "waning"
Overheard in ANC that Ramos' support for the current administration is "
waning" and he is already tired of being used as a "prop" thereof.
End of days? Perhaps.
Mambo No. 5
MALACANAN PALACE
MANILA
GENERAL ORDER NO. 5
DIRECTING THE ARMED FORCES OF THE PHILIPPINES IN THE FACE OF NATIONAL EMERGENCY, TO MAINTAIN PUBLIC PEACE, ORDER AND SAFETY AND TO PREVENT AND SUPPRESS LAWLESS VIOLENCE
WHEREAS, over these past months, elements in the political opposition have conspired with authoritarian of the extreme Left, represented by the NDF-CPP-NPA and the extreme Right, represented by military adventurists — the historical enemies of the democratic Philippine State — and who are now in a tactical alliance and engaged in a concerted and systematic conspiracy, over a broad front to bring down the duly-constituted Government, elected in May 2004;
WHEREAS, these conspirators have repeatedly tried to bring down our republican government;
WHEREAS, the claims of these elements have been recklessly magnified by certain segments of the national media;
WHEREAS, this series of actions is hurting the Philippine State by obstructing governance, including hindering the growth of the economy and sabotaging the people’s confidence in government and their faith in the future of this country;
WHEREAS, these actions are adversely affecting the economy;
WHEREAS, these activities give totalitarian forces of the both extreme Left and extreme Right the opening to intensify their avowed aims to bring down the democratic Philippine State;
WHEREAS, Article 2, Section 4 of our Constitution makes the defense and preservation of the democratic institutions and the State the primary duty of Government;
WHEREAS, the activities above described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and integrity of the Philippine State and of the Filipino people’
WHEREAS, Proclamation 1017 dated February 24, 2006 has been issued declaring a State of National Emergency;
NOW, THEREFORE, I GLORIA MACAPAGAL-ARROYO, by virtue of the powers vested in me under the Constitution as President of the Republic of the Philippines, and Commander-in-Chief of the Republic of the Philippines, and pursuant to Proclamation No. 1017 dated February 24, 2006, do hereby call upon the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), to prevent and suppress acts of terrorism lawless violence in the country;
I hereby direct the Chief of Staff of the AFP and the Chief of the PNP, as well as the officers and men of the AFP and PNP, to immediately carry out the necessary and appropriate actions and measures to suppress and prevent acts of terrorism and lawless violence.
City of Manila, February 24, 2006.
GLORIA MACAPAGAL ARROYO
By the President:
EDUARDO R. ERMITA
Executive Secretary
Proclamation No. 1017, series of 2006
PROCLAMATION NO. 1017
PROCLAMATION DECLARING A STATE OF NATIONAL EMERGENCY
WHEREAS, over these past months, elements in the political opposition have conspired with authoritarians of the extreme Left represented by the NDF-CPP-NPA and the extreme Right, represented by military adventurists–the historical enemies of the democratic Philippine State—who are now in tactical alliance and engaged in a concerted and systematic conspiracy, over a broad front, to bring down the duly constituted government elected in May 2004.
WHEREAS, these conspirators have repeatedly tried to bring down the President;
WHEREAS, the claims of these elements have been recklessly magnified by certain segments of the national media;
WHEREAS, this series of actions is hurting the Philippine State–by obstructing governance including hindering the growth of the economy and sabotaging the people’s confidence in government and their faith in the future of this country;
WHEREAS, these actions are adversely affecting the economy;
WHEREAS, these activities give totalitarian forces of both the extreme Left and extreme Right the opening to intensity their avowed aims to bring down the democratic Philippine State;
WHEREAS, Article 2, Section 4 of our Constitution makes the defense and preservation of the democratic institutions and the State the primary duty of Government;
WHEREAS, the activities above-described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and the integrity of the Philippine State and of the Filipino people;
NOW, THEREFORE, I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution which states that: “ The President…whenever it becomes necessary,…may call out (the) armed forces to prevent or suppress…rebellion…, “ and in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction; and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National Emergency.
IN WITNESS HEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.
Done in the City of Manila, this 24th day of February, in the year of Our Lord, two thousand and six.
GLORIA MACAPAGAL-ARROYO
President
Republic of the Philippines
Martyrdom...
Which of the following would you do for an ex-boyfriend/girlfriend?
a. Have him/her treat you to lunch because he/she has something to do for you.
b. Pull favors from friends for him/her.
c. Allow him/her to buy gifts (really wonderful at that) for your kids.
d. Accompany him/her on wedding errands, like picking textiles and the wedding cake (and he/she is NOT getting married to YOU).
e. Give him/her a lift going home.
f. All of the above.
g. None of the above.
If you answered "F," OMG! You had the same day I had yesterday!
Jokes of the day...
It's healthy to have a good laugh once in a while. Try these funny jokes:
1. "And let me also make clear: I believe I am the best person to lead this nation through this transition."
2. "25 February 2006, a Saturday, is hereby declared a holiday."
I'm laughing my ass off! HAHAHAHAHAHAHAHAHAHAH!
Tags...
I'm not really much into tags but this one intrigued me. Got this for Mayo but she didn't tag me so this is purely voluntary. Take it if you wish:1. When you looked at yourself in the mirror today, what did you think?I need a shave...perhaps a facial... (how metrosexual can you get)...2. How much cash do you have on you?more or less 1K. spent some of it on gas 3. What's a word that rhymes with "TEST"?BEST4. Favorite planet?Still Earth.5. Who is the 4th person on your missed call list on your cell phone?I'm taking the fifth on this one... (uuuyyyyy!)6. What is your favorite ring on your phone?Another day (by Mojofly when Kitchie Nadal was still there)7. What shirt are you wearing?"Thailand" with an elephant picture
8. Do you "label" yourself?Yes. "Idiot" and "Fool" come to mind right now...9. Name the brand of shoes you're currently wearing nowDoctor Martens sandals10. Bright or Dark Room?Bright in some places dark in others.11. What do you think about the person who took this survey before you?She's a good friend...12. What were you doing at midnight last night?Watching TV and surfing the net at the same time...13. What did your last text message you received on your cell say?"Musta yung cake? Did you volunteer to be her pre-wedding bridesmaid? May magkamali pa kaya sa atin?!" from Cat.
Translation: How was the cake? ... Will we ever find people who'd take a stupid chance on us again? (Is this right?)14. Where is your nearest 7-11?I think it's the one in Tandang Sora. Here's one example where the 7-11 is farther from the Starbucks.15. What's a saying(s) that you say a lot?You get what you deserve... and Home is where the heart is...16.Who told you they loved you last?My two year old son and my seven year old daughter before they went to sleep...17. Last furry thing you touched?My armpit... (ewwwww!)
18. How many days of school did you miss this week?Not applicable.19. How many rolls of film do you need to get developed?7.1 MP Digital Camera, baby!20. Favorite age you have been so far?2621. Your worst enemy?Me. 22. What is your current desktop picture:
23. What was the last thing you said to someone?"Uminom na ng gamot si Bea." (Bea already took her medicine.)
24. If you had to choose between a million bucks or to be able to fly, which would you choose?:Mulllaaaaaahhhhhhh! With money, who needs to fly?25. Do you like someone?As in not related to me? Naahhh.
26. The last song you listened to?"The more you live, the more you love" by A Flock of Seagulls
27. Carmen Electra or Pam Anderson?Carmen Electra!!!!
Nothing Much
Don't plan to blog much today because I have a hot date later on today (Joke! As if I'll ask someone out...).
Anyway, I'll just refer you to my
post in Pinoy Tech Blog on the changes Microsoft implemented in its Windows licensing agreements. What a load of cr@p!
Cheers!
Distracting
My dad's organization wanted to organize relief operations for the landslide victims in Southern Leyte. But there are some problems.
First, there are a lot of people there already.
Also, the relief goods are already overflowing. And since there are technically no more beneficiaries (entire families were wiped out from the face of the earth, remember?), these goods merely go to the neighboring places that were
not affected by the landslides. So, there is really no sense in sending donations and these goods may even fall into the wrong hands ("wrong" in all its senses).
Finally, and you may think I'm insensitive here so please forgive me, I think there is a real danger in doing recovery operations at this point in time. We're dealing with mud here, not rubble. These things are viscous. When we dig it, it's replaced by more mud. Hence, I think doing recovery operations now creates an distinct (and not far-fetched) possibility that we are sending more men (and women) to the slaughter to recover victims for non-existent beneficiaries (relatives, entire clans were likewise killed, remember?)
Personally, and this is my opinion only, that this tragedy, and I'm not downplaying it, is severly overcovered. I can think of several reasons why but It's probably because they are trying to distract the public from thinking about another tragedy that happened earlier.
That's a good strategy. Rely once again on the Filipino's short term memory and shift focus from one tragedy to another. Especially when those covering it are more or less involved with that other tragedy they are trying to wipe from our memories and consciousness.
But I say, save your relief efforts for those who really need it. These people from the other tragedy really need it more than those already dead. Or were you already advised by your lawyers not to in preparation for an impending class suit?
Just asking...
Results of the Tenth Visit
I forgot to make a note of this yesterday, but another second Sunday of the month passed by.
Again, a no-show.
But she texted me (last Valentine's day, no less, I forgot to mention it also) saying she could not visit as she was allegedly looking for a higher-paying job.
For one thing, that reason is non-responsive. What's not having a job have to do with not visiting children you have not seen in more than two years?
And another thing, a sane person would never quit a present job until the replacement job is in the bag. People just don't quit jobs anymore without a sure replacement job.
Well, we have a theory and a suspicion why she has not been visiting. She may (and I emphasize may) be pregnant or just given birth. Definitely, it's not mine.
With that theory, everything seems to fall into place. The non-visits and the text from out of the blue.
But I have to confirm that. I'll post an update on this as soon as I have one for you.
Stay tuned...
Hi Mom!
For today's post, just allow me to greet one of the most important women in my life today a happy birthday. Happy Birthday, Mommy! From all of us.
Thank you for all you have done for us. We cannot be grateful enough.
Independence Day
Today marks two years of our stay in our parent's house, my single blessedness and consequently my independence from the shackles of, as one of my best friends says, that diabolical woman and that no-win situation known as my marriage.
Of course, I would not be here today in a bigger house than what we used to live on, with simple and most precious peace of mind, secure in the knowledge that, no matter what happens, my children will be just fine, without the help of family and friends, and of course, Almighty God.
I'll probably blog about how 18 February 2004 came to be later on. But the situation would not be the same without their help and God's intervention in our lives.
To them, I say, I could not thank you enough. And I could not express how much I love you all.
A Reunion
Battling fatigue, I attended the wake of a high school classmate's father last night.
It was good I did. Well, sort of since wakes should not be happy occasions under any circumstance. But the wake turned into a mini high school reunion, with people I have not seen in almost two decades.
And to my surprise, I had a good time. Perhaps it was because we had a few drinks at the lobby of a nearby hotel afterwards.
But now I'm guilty because we're not supposed to have such a good time on such an occasion. Anyway, some pictures (I managed to bring the snapper with me...)
Happy Valentine's Day
From the heart of the province known as Cagayan to your homes, let me greet you on this so-called day of love.
Have a lot of pictures to show you when I get back. I can't do it here because I'm using a dial-up.
Anyway, let me end this short post with this standard warning for days like these...
Be good.
If you can't be good, be careful.
If you can't be careful, name the kid after me.
Cheers!
Work In Progress
My dad caught the renovation bug and decided to give our house a face lift. With the loaner camera I got (mine was still in the blink due to lack of spare parts, so the service rep says), I took some snaps.
The digital camera was, according to the guy that loaned it to me, semi-professional. It did offer some room for adjustment and I used to dabble in photography as a hobby. But that was a long time ago and we still had a darkroom then...
Tell me what you think about the house and my photography skills, ok?
A short one...
I could not blog yesterday, simply because I was out the whole day. Literally.
A client kept me in its board meeting in Makati for most of the day. This was followed by another meeting in Quezon City early evening.
Then, I decided to unwind with a friend for a few rounds.
Ran a few errands todays, then salivated over a
Canon Powershot A620.
Choir went well today.
I will be out of town from Monday to Thursday and I don't know if I'll have access to the net for that time. So, this entry may not be followed for that long.
Yeah, yeah, I know. I'm copping out of Valentines Day. If you were in my shoes, you'd do the same. Good thing, there's really work to do...
Later...
Blog Lecture No. 56: Estoppel
This will be a short lecture:
"Through estoppel and admission or representation is rendered conclusive upon the person making it, and cannot be denies or disproved as against the person relying thereon." (Article 1431, Civil Code)
What is estoppel?
In general, estoppel is a bar (or a prohibition) which precludes a persion from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth by bis own express or implied deed or representation.
Hence, whenever someone has, by his own declaration, act or failure to act, he intentionally and deliberately led another to believe a particular thing to be true, and to act upon such believe, he cannot, in any litigation arising out of such declaration, act or declaration, be permitted to deny it.
Can you give an example?
If one publicly says, "I will abide and submit to the jurisdiction of a particular fact-finding body." He cannot deny that later on, especially when the decision or finding is not in his favor.
What are the kinds of estoppel?
They are:
1. Estoppel by record;
2. Estoppel in pais; and
3. Estoppel by deed
What is estoppel by record?
It is a preclusion to deny the truth in matter set forth in a record (obviously), whether judicial or legislative, or those facts already adjudicated by a court of competent jurisdiction.
What is estoppel in pais?
Otherwise know as "equitable estoppel," It is the type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position.
For example, if a landlord agrees to allow a tenant to pay the rent ten days late for six months, it would be unfair to allow the landlord to bring a court action in the fourth month to evict the tenant for being a week late with the rent. The landlord would be estopped from asserting his right to evict the tenant for late payment of rent.
What is estoppel by deed?
First off, "deed" here does not mean "actions" because representations by means of statements or actions belongs to that in pais.
"Deed" here means "document," as in "deed of sale," etc.
Here, a party cannot assert something in a deed in one action against a party in one case, then assert something contradicting the same deed against another party in another case.
What are the most common examples of estoppel?
1. An agent of a seller sell a piece of land to a buyer. This agent cannot later sue that buyer, saying that he is the true owner. (Article 1435, Civil Code)
2. A tenant of a property cannot assert his ownership over property against his landlord. By entering into the lease contract, he already acknowledged his landlord's ownership. The lessee cannot say later on he's actually the owner of the leased property. (Article 1536, Civil Code)
Up to where is the extent of estoppel?
It is effective only as between the parties thereto and those who derrive rights from these parties (known in legalese as "successors-in-interest" or "assignees"). (Article 1429, Civil Code)
Is there estoppel as against the government?
No. The state cannot be estopped by the acts and representations of its officials or agents.
Blog Lecture No. 55: Damages
As promised, I will lecture today on the different kinds of damages one can be liable for in the Philippines.
What are some of the things that gives rise to the right to collect damages?Looking at the law, there is no one provision that gives the source of damages, but on the top of my head:
1. Crimes- steal from someone gives the thief the obligation to return the thing whenever possible
2. Breaches of Contract- reneg on an obligation, the one damaged or injured has the right to recover.
3. Negligence- unintentionally hurt or kill someone by negligence entitles the one injured or the heirs of the one killed to damages
What are the different kinds of damages recoverable under our laws?According to Article 2197 of the Civil Code, they are:
1. Actual or compensatory
2. Moral
3. Nominal
4. Temperate or moderate
5. Liquidated
6. Exemplary or corrective
(Remember this mnemonic: MANTLE; reverse the M and the A, you got it in order)
What is actual or compensatory damages?These are compensation, restitution and/or reparation of the exact loss or injury suffered. It is adequate compensation only for such pecuniary (monetary) loss suffered by a person that he has duly proved.
Note that it has to be:
1. The actual or exact loss or injury one has suffered in money terms; and
2. Such actual or exact loss or injury must be proved.
Can you give an example?Sure. Someone got killed in a stampede. The loss of life (which I think is still pegged at P50,000.00, without need of proof) and the hospital and funeral cost is collectible from the one responsible as actual damages, provided they produce the hospital and funeral receipts.
Loss of income as a result of the death is likewise demandable as actual damages. For that, one has to produce current payslips, etc. and multiplied by productive life expectancy (the actuaries may be in a better position to explain this).
What about this thing called moral damages?Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. (Article 2217, Civil Code)
For this, there is no need for proof and would really depend on the one injured. You can even say there is no price for that kind of suffering endured. For this a plaintiff or injured party can testify in court:
"I suffered sleepless nights and anxiety as a result of that stampede. And if I can put a price to it, it will be twenty five gazzzillion pesos."
Yes, the sky is the limit. Be careful of what you aspire for, though. Your "anxiety" will be tempered by the amount of filing fees you will pay (depends on the amount you are seeking) and shall be tempered by the court if unconscionable.
What about nominal damages?It is simply damages awarded merely to acknowledge a right which has been violated or invaded by the defendant, may be vindicated or recognized. It is not awarded to compensate or indemnify someone for the injuries or damages suffered because of the violation of such a right.
That seems quite vague. Can you give an example?Sure. A person enjoying the privacy of his home when a botched raid swooped over him, causing damage to his house. Nominal damages may be awarded to him merely to recognize his right to privacy. But the damage to his house is covered by actual damages.
Usually, nominal damages is limited to one peso.
What are temperate damages?According to Article 2224 of the Civil Code, temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty.
These are damages that are incapable of pecuniary estimation. Of course, this cannot co-exist with liquidated damages, but must be reasonable in all cases.
For example: someone proved that he is entitled to actual damages but failed to prove the amount, the court may award reasonable temperate damages since he proved he was entitled to compensation but could not estimate the amount; or damages for the loss of something that has more of a sentimental value than an actual monetary value
So why can't temperate damages co-exist with liquidated damages in the same case? What is liquidated damages anyway?Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. It is a contractually pre-arranged and pre-agreed amount of damages in case of breach.
Examples of this type of damages are construction contracts where the parties agree on a certain amount payable to another in case of contract violations (like in construction delay in an amount per day of delay)
Now what is this thing called exemplary or corrective damages?In other jurisdictions, this is called "punitive damages," damages awarded by the court to teach the one liable a lesson, a punishment of sorts. In the United States, we're talking in outrageous amounts.
According to Article 2229 of the Civil Code, exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.
In the stampede, this may be the motherlode... er the bulk of the money that will be paid by those responsible for that tragedy.
I have to stop. Suddenly, I lost my appetite...
Blog Lecture No. 54: Criminal Negligence
Now for another instalment of my "world famous" blog-lectures...
Article 365 of the Revised Penal Code states:
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence. — Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.
When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four.
The provisions contained in this article shall not be applicable:
1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.
Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.
The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by RA, 1790, approved June 21, 1957.)
What is the "crime" called reckless imprudence?Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.
What is the "crime" called simple imprudence?Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.
What is a tort?Derived from the Latin word tortious which means wrong. A body of the law which permits an injured person to recover compensation from the injuring party. When one person injures another, either intentionally or by negligence, a court may award money damages to the injured party so that they will suffer the pain caused by their action.
What is negligence?It is the failure to exercise the care that an ordinary prudent person would exercise: either doing that which a prudent person would not do, or failing to do that which a prudent person would do. It is caused by someone's lack of skill or lack of foresight.
It is lack of diligence. By default, the diligence or care required under Philippine law is that of a good father of a family (Article 1163, Civil Code) unless the law or the parties stipulate on another standard of care/diligence.
What is the liability of someone negligent?Aside from the penalties stated in the Revised Penal Code, whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Hence, the one that was at fault or was negligence is likewise civilly liable.
And what does being civilly liable entail?Civil Liability includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages. (Article 104, Revised Penal Code)
What is restitution?It is the return of the thing(especially applies to stolen goods). The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. (Article 105, RPC)
What is reparation?Reparation entails mostly reimbursement or repayment for the damages caused. The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly. (Article 106, RPC)
What is indemnification?It is payment for consequential damages, such as loss of income, etc. Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. (Article 107, RPC)
How do we apply this to the present situation?Well, since people died, a lot were injured and property were destroyed during the stampede. Those responsible may be liable for reckless imprudence resulting into multiple homicide, serious and less serious physical injuries and damage to property. Note that there is no criminal intent to kill people or destroy property here. Unfortunately, somebody's negligence, lack of skill or lack of foresight cause these tragic events so those responsible will be criminally and civilly liable.
I may deal with the different kinds of damages that can be "collected" next time...
Blogspot down!
Blogger was going haywire yesterday until early today...
First, I could not upload pictures so I had to resort to a direct tag from my Photobucket account. (Hint: I have pictures of my up-and-coming oogle girls there, if you care to hunt them down...) but it came out very large.
Then today, I could not even access my own spot. Hence this late entry.
My sister is complaining that her Smart WiFi DSL is down for four days now and she needs it for my niece's school project. Growing pains, maybe. PLDT had the same problems before until MLQIII wrote about it.
Anyway, all is well now. I think... except maybe the bereaved in that Wowowee tragery... now watching the DILG inquiry on the matter.
Good News and Bad News
SHS Dia de Familia, '06
Good News: Both Bea and Nico enjoyed today's Family Day over at Bea's school this morning.Bad News: Wowowowee fans did not have such a great time. Our condolences to those who did not make it out.
Woman Hater
Looking at my blog/net activities of late, I'm turning into such a woman hater. You could not see it all in this blog, but check out my comments in the Bored Single Blogger's Club.In my professional life, I have likewise been getting a significant amount of male clients for annulment cases. It seems the male "separatists" have been seeking an annulment lawyer that "hates" women.But on second thought, I'm not a woman hater. I just see women as what they are. As equals. What we could do to them, they could do to us. Now I operate under that assumption, instead of the women-are-like-delicate-vases approach of others. They can just as easily screw us as we screw them (in all manners of speaking).Hey, in somebody else's point of view, that's even feminist.
The Love Month
For a lot of people, this is the love month. Where all the motels around my office will be packed by the 14th (my office is near the Pasig
Shhhhhh! area, you know, though I rarely go there now). Where a lot of people will troop to
Dangwa to buy flowers (the other peak season there is, of course, end of October). Where all the dating places will be packed (but with the increased EVAT, I don't know).
For me, it will be a busy month, with some out-of-town appointments. As in, severely out-of-town. But I have to be back in Manila before the 19th (my mother's birthday).
This may also be a banner month, but I can't reveal the details. I don't want to jinx them, you know. Let's just say that if all goes well, this will be my "Poverty Alleviation Month."
Talk about alleviation, the 18th also marks the second year when we left my house to settle spouse-less back at my parent's house. And I have grown to revel and enjoy my freedom from that crap marriage. Then again, I hope I can get enough resources to finally get right on my annulment (both civil and church) sometime within these next two months. Not that I want to marry again. I just don't want to remain married to that girl.
Hopefully, today will not be such a busy day because I don't really feel well. Having a bum gut for a few days now. Haven't really eaten well these past few days and a for a person whose happiness in life consists only of three things, one of which is food, that's pretty dire.
So I plan to postpone everything until tomorrow and just rest for today. That includes a rest from staring at
Lindsay and/or Jessica for most of the day. I'll probably practice on my flute later if I'm up to it.
Later...
