Thursday, March 30, 2006
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2005 Bar Exam Results allegedly out tonight...

Well, the 2005 results of the bar exams will be out (or is already out) tonight.

Good luck to those who took it last September. Personally, I'm watching out for three persons I know. Two of them, our associates and one, the person who assists me in my government consultancy.... I hope they pass.

For those who try to access the Supreme Court's website this time of year, good luck also. This has bandwidth problems this time of year. And it's also useless for them to acquire the extra only to be used once a year... So check it tomorrow morning. It will probably be accessible then...

I will just refer you to something I wrote sometime last year...

(PS. You can download the list of 2005 bar exam results here...)

Wednesday, March 29, 2006
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Superdad...

It's a bird! It's a plane! No, it's SUPERDAD!

(Schedule yesterday...)

6:00 a.m.- Take Bea to school
6:30 a.m.- Paperwork and phone calls
9:00 a.m.- Government Consultancy
1:00 p.m.- Client Call @ Guadalupe
2:00 p.m.- Hearing @ Makati City
3:00 p.m.- Even more paperwork and phone calls
4:00 p.m.- Client Call @ Boni Serrano, Quezon City
5:30 p.m.- Grocery shopping (Milk, Diapers, Juice, Peanut Butter, Bottled Water)
6:00 p.m.- Dinner, downtime with Nico and a little surfing
8:00 p.m.- Review Bea for quarterly exam
10:00 p.m.- More downtime with Nico and a little TV before going to dreamland...

Tuesday, March 28, 2006
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Still out of town...

My day yesterday started early. Woke up at 4:00 a.m. to get out of the house by 5:30 because of a hearing in Antipolo City (which I still consider out of town). Got out of there almost noon, not because I had a long hearing, but because my case was the 25th one to be heard.

Man, the case load of courts is begining to worry me...

And the heat yesterday... my car airconditioner was begining to give... hence a splitting headache when I got back.

Then, the deal I was pushing through is quickly falling apart... With the depression and the headache, I had no choice but to sleep it off. Could not handle anymore yesterday...

So now, I have paperwork backlog...

This is not going to be an easy week, judging from yesterday...

Wish me luck just the same.

So why am I still blogging?

Oh, I remember, the guys over at iBlog has invited me to speak at the Second Philippine Summit on 18 April 2006 over at the UP College of Law. When I asked what topic will I speak on, they said, it's up to me.

So now, I'm taking suggestions. Anyone?

Sunday, March 26, 2006
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What I Did for Love

(marvin hamlisch/ed kleban)
Kiss today goodbye,
The sweetness and the sorrow,
Wish me luck, the same to you,
But I can't regret, what I did for love,
What I did for love.

Look my eyes are dry,
The gift was ours to borrow,
It's as if we always knew,
What I did for love,
What I did for love.

Gone, love is never gone,
As we travel on,
Love’s what we remember

Kiss today goodbye,
And point me t'ward tomorrow,
We did, what we had to do,

Won't forget, can't regret, what I did for love,
What I did for love,
What I did for love,

Gone, love is never gone,
As we travel on,
That's what we remember.

Kiss today goodbye,
And point me t'ward tomorrow,
We did, what we had to do,

Won't forget, can't regret, what I did for love,
What I did for love,
What I did for love,
What I did for love,

Hell Week

From a panic situation, I'm resting today to gear up for the hell week ahead.

Choir last night actually went well. A little more practice goes a long way and things worked themselved out.

I have actually more things to do next week than I have time for. And a lot of crucial stuff will be happening. So I think the first thing to go is blogging. So I'm apologizing in advance if I could not blog everyday next week, if at all.

Nevertheless, I will keep you posted on what would happen next week once I have the time for it again.

To top it all off, next week is Bea's fourth quarter exams. My mother helps me review Bea, I have to do a lot of reviewing her myself...

Wish me luck.

Saturday, March 25, 2006
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Panic!

I was called to fill-in for our organist for the mass tonight. It has been more than a year since I played keyboards for a mass...

The trouble is, our regular organist took the chordbook last week for a mass in St. Peter's and did not return it...

So I have the derrive the chords to the songs I cannot find in my files (as in find the correct ones by ear)...

Unfortunately, I have to go to my niece's graduation today...

Maybe I'll panic later...

I'll keep you posted.

Thursday, March 23, 2006
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In the mood...

Well, not really today, where blogging is concerned.

I wanted to do a blog-lecture on illegal gambling but the research may be quite extensive. Maybe later.

So just check out my Semper Fidelis entry yesterday on the revised Black Friday t-shirt... Hope that will be enough for y'all.

Wednesday, March 22, 2006
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Ateneo Survey

Raided from the nBlog:

(x) eat at Manang’s-- better yet, heard of Pampangueña? Manong's grilled pork spareribs can beat Manang's anytime-- too bad he already passed on (RIP)

(x) learn the Alma Mater - since High School

(x) get on the Dean’s List- seven times in College, seven times in Law School

( ) lie down and sleep on a bench along EDSA walk -

( ) be a TNT!

( ) jog around the campus in the evening

(x) visit the art gallery-- Professor Eric Torres, the long-time curator, was my teacher in En 21

( ) know at least one xerox lady, manong, or technician by name - don't know them by name but we all knew our xerox boys in law school

(x) get a Jesuit for a teacher-- better yet, your classmates becoming Jesuits

( ) itch from higad bites

( ) have gotten an F in something - NEVER! Lowest Grade: C+ and only two of them (En11 and Marketing). Majority of my grades were A's.

( ) have taken a crap in school

(x) watch a La Salle vs. Ateneo UAAP game - bleachers, we won the championship then!

(x) give a PowerPoint presentation-- we used the old Harvard Presentation Graphics back then...

( ) study in the caf upstairs - used to be classrooms during our time and I study at the library annex

(x) watch a T.A. play- Waiting for Godot

( ) sit on the SEC ledge and watch the stars

(x) eat in Full House, Martha’s Kitchen, and Ken Afford - I forgot their former names but I think I ate there because those were the only ones we had... (McDonald's just opened during 4th year College)

(x) sleep in the lib-- you work (study) hard, you sleep hard also

( ) visit Mr. San Andres-- he's still Dean of Students?

(x) go to the chapel

(x) have gotten a pebble stuck in your shoe/slippers in the middle of the quad-

( ) cut class with your block to watch a movie - only cut ROTC and one Jsp 101 class

(x) sign up for those institutional (i.e. difficult but brilliant) teachers: Ferriols, Dacanay, David, Manacsa, Ang, Escaler, Arcilla, Totanes, etc.)-- WHAT? Dacanay, Manacsa and Arcilla difficult teachers? Aced Arcilla and Dacanay, Manacsa was at least a batch lower and a good friend (if that's Dacs Manacsa we're talking about, we went to Japan together on a government-sponsored study tour...) Avoided Padre Ferriols like the plague and people said I made a mistake...

( ) go to CERSA night -

( ) have tried siomai rice

( ) learn how to smoke-- In high school, of course peer pressure made me try... but luckily, I did not catch on

(x) fall in love-- fourth year college to most of law school

(x) actually read the book you keep borrowing from the lib-- the lib's my office, remember?

(x) play cards during your free time-- during our time, it was "Pekwa Pusoy" aka "Pusoy Dos"

(x) dress in business attire-- a few presentations during college and more often than not in law school (dress code there in effect)

(x) learn to stay awake for more than 24 hours straight - surivival technique of the many, a must have in one's arsenal of college survival skills

( ) have gotten side comments from ASSOC- friends with a lot of them during my time...

( ) take (and enjoy) Saturday classes - ROTC sucks donkeys!

(x) go to your immersion - very near only, in Pansol, QC

( ) eat Food for Thought sandwiches - I have no idea what this is...

(x) get a girlfriend-- technically my first love...

(x) take time to read the vandalism on the CR doors-- for some reason, it was a good pastime, never tried the numbers, though

( ) watch “Minsan Lang Sila Bata” and “Macho Dancer” for class

(x) do a last minute paper - Not often, I hate cramming. But when I had to I can deliver

( ) have spent a lot for 1x1 ID pictures

(x) get exempted from final exams-- In high school, a lot, don't remember in college and law school never.

(x) attend a college mass

( ) promise to quit smoking - Never got the habit

( ) play hide-and-seek in the mini-forest - WTF?

( ) know where the best restrooms are on campus-- they all suck during our time

(x) join an org

( ) allow yourself to make mistakes (but make sure you sort them out before you graduate)-- that's my folly, most of my mistakes I made in the real world

(x) take summer class-- had nothing else to do during summer so I took advance classes (hence, my Minor degree in Japanese Studies and 12 extra units in Spannish)

(x) admire the sacred heart statue in the evening - For those who don't know, in place of this statue now stands the Church of the Gesu but I think the statue is still there somewhere (heard a lot of "miracles" used to happen there at night also when it was just the statue there...)

( ) make a video for a project -

(x) have a crush on a teacher - only in High School. raging hormones

(x) attend a Jesuit retreat - in high school also, given by the Fr. (then Bro.) Carmelo Caluag, S.J.

( ) have gotten a parking ticket-- did not drive a car then...

(x) come to school in your crappiest yet most comfy clothes - fashion plate, I'm not, so technically everything I wore then was crap...

( ) learn how to use the Bayantel pay phones - during our time twenty five centavo coins (Hence, the famous Dingdong Avanzado song) were all the rage... no celfones, no phone cards, life was simpler then with no one checking on your whereabouts all the time

(x) participate in school activities

(x) catch the Blue Babble Batallion tryouts-- catch only, not actually try out

(x) date an Atenean-- almost married one...

(x) find a tambayan - Lib walk and Lib Annex

(x) ride a tricycle on campus-- all the time, but sometimes walking is better

(x) admire the Marikina valley at night-- fantastic view from LHS (incidentally, also from our village)

(x) learn how to beg for a higher grade - twice in my last sem so I could finish my college stay in dean's list. It worked but I did not really beg because Dra. Astorga miscalculated my grade so I technically deserved it...

(x) use your cuts wisely - honor students have unlimited cuts but of course they knew we don't use them. used all my cuts in ROTC, and that's a wise move...

( ) volunteer to be class beadle - beadles are more relevant in high school than in college

( ) had the worst lottery schedule for reg - serving in ORCOM every year has its rewards

(x) admire the trees on campus - we were under Fr. Macayan, remember? but I didn't talk to them, though

( ) have forgotten your freecut and gone to that class

(x) eat in the ISO canteen-- not during college

(x) be active in your org

( ) have signed up on an ACP class just because the girl or guy you like signed up for it

( ) get as many app forms as you can during the job fair - None during our time. During our time, jobs came to us...

( ) learn how to cram - Hate this, but I know how....

(x) sell tickets (or watch) an org-sponsored movie premiere-- we actually held one for our Mgt 21 class. If I remember correctly, the movie was Kindergarten Cop

( ) save money to Xerox all of your seatmate’s notes - They copy from ME.

( ) have accidentally seen a make-out session -

( ) check out the meron lagoon and lambingan bridge - Don't know that...

( ) have dozed off in class in Bel right after a class in CTC/SOM/Comm Bldg or vice versa -

( ) learn how to work with groupmates from hell

( ) perfect the art of parking on campus -Did not have a car then...

( ) had a bad encounter with one of the guards on campus

( ) develop a love for sisig - way after law school on this one, along with developing a love for all forms of alcoholic drinks...

( ) learn how to pronounce “AEGIS” properly - Some people can't?

(x) have used typing rooms at the library-- yes we actually USED a TYPEWRITER then...

(x) have reserved a classroom, AVR, etc for a class or org function -

( ) have asked the lib for an endorsement to research in other libraries

( ) have lost a perfectly functioning umbrella - I guard them with my life...

( ) have used consultation hours properly

(x) looked forward to lab breakage refund, in case you didn’t break any equipment-- hey, that's still extra money...

( ) visit the Guidance Office

(x) visit Admission and Aid-- dated one of them, you know...

(of course, feel free to take this one if you can relate...)

A Little Stroke of Good Luck


Remember, I had the same camera woes as Ron Allan?

The only difference is I brought my Powershot A300 camera in last December.

But I got a call yesterday afternoon from the guys at Canon advising me to pick up my "replacement" unit. Apparently, they already given up repairing my camera and will just issue me another one.

Surprisingly, they said they will issue me a "new" camera. Fortunately, I had something to do in Makati City so I dropped by.

So, I picked up the "replacement." I was pleasantly surprised when they issued me a brand-spanking new A410. Not only new. An upgrade to boot.
Hope this is the beginning of better luck for me...

Ron, I think you'll end up with two of these soon...

Tuesday, March 21, 2006
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And even more worry...

Recent developments in both my personal and professional life has caused even more worry.

Things simply have not been going my way. Some deals are not pushing through and I already hedged some bets on it. Now I have to scramble for the little reward it may bring--if at all.

Of course, bills are mounting... and enrolment season is drawing near... 10% tuition increase...

Then, there's the work that seems to be closing in on me...

Then, there are developments in my consultancy that are tell-tale signs that I may not be holding that for not longer... there goes the fixed cash flow (however meager it is)...

Aaaaauuuuggggghhhhh! How much can a professional single father can take....

I better learn to de-stress myself. In the end, I'm the only one my children have...

Monday, March 20, 2006
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I thought otherwise...

Looking at my schedule (in my planner) for this week, it seems empty.

But on second thought, I have a lot of "unwriteables" this week. Plus, I'm weighed down with a lot of concerns.

So this looks like a very busy week...

Wish me luck.

(Over at Semper Fidelis: Two Concerns... well actually only one...)

Sunday, March 19, 2006
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Wife from hell...

Just following the Antifreeze murders over at Dateline NBC.

The maniulative wife from hell... the seduction... the fake jealousy... the infidelity... the insurance motive... oooohhh!

Sends chills down my spine...

And check out "The Poisoner."

Worry...

Actually, I was already back Friday afternoon and made a few comments on some blogs.

The planning session did not really go pretty well. Actually, it was a waste of time.

And instead of R&R, all I got was more pressure. It's pretty hard having the boss as your roomate. The only time I stopped working was when I shut my eyes...

And yes, I brought Jessica but I forgot to bring her charger...

Hence, I did not even touch a computer for that time, let alone surf the net.

When I got back, I was so depressed I could not blog. Depressed not only with the way things are turning out personally but also with recent events.

Anyways, I had some personal business to attend to yesterday and I just got back in time for choir. Choir went pretty well.

Now I plan to do nothing for today. But check out this link on the 36 Stratagems as an alternative (but not totally opposite) to Sun Tzu's Ancient Art of War. It's an interesting read.

Let's see what tomorrow brings though...

Tuesday, March 14, 2006
This day in history from:

Out of town...

Yes, you read it right. I will be out of town starting tomorrow morning until about Friday morning for my government consultancy's planning session.

I will be at Clark but I don't know if I will have a net connection there (or it will be cheap enough...or I'll have time to blog).

Hence, I may be able to blog tomorrow (if I have something to blog about) but I may also be in for a three-day hiatus from blogging after that.

I'll try to put in one more lecture on search and seizure... Wait a minute.. I already did... albeit short...

Monday, March 13, 2006
This day in history from:

Over at Semper Fidelis...

Just to update you, I blogged two entries on Semper Fidelis:

1. The results of the 11th visit; and

2. My 60th Blog Lecture on Preliminary Investigation.

Please feel free to visit my other blog...

Sunday, March 12, 2006
This day in history from:

Punzi's Wordpress Blog

Just finished opening up at a new site.

Check it out here.

Imported almost all my previous entries in this site, but I'm still figuring out whether I will maintain both sites with the same content simultaneously or split content (personal and commentary/legal stuff) between the two.

As you may know I already have experienced blogging on wordpress but I'm still more comfortable on Blogger. That may change.

Anyway, please visit this site also...

regards

Blog Lecture No. 59: Repeal of Laws

Howdy-doody!

It's a Sunday and here I find myself lecturing about something very basic in law.

So let's begin...

What is a repeal?

It is the abrogation of annulling of a previously existing law by enactment of a subsequent statute which declares that the former law shall be revoked and abrogated (an express repeal) or which contains provisions so contrary or irreconciliable with those of the earlier law that only one of the two statutes can stand in force (an implied repeal). (Black's Law Dictionary, 4th ed., p. 1463; cited in Dean JJ Laurel's book on Statutory Construction)

What is that in English?

A repeal simply means we're not following the old law anymore because of the new one.

What is the difference between a repeal and an amendment?

Repeal means complete abrogation or abandonment of the law while amendment is merely a modification of it, leaving some parts intact.

What about a repeal and a suspension?

Repeal is permanent while suspension is merely temporary.

What is the rule on repeals in the Philippines?

According to Article 7 (1) of the Civil Code:

Laws are repealed only by subsequent ones and their violation and non-observance shall not be excused by disuse or custom or practice to the contrary.


Can you give an example?

Well, the law against jaywalking can only be repealed by a law to the contrary (a law allowing anyone to cross any point of the road). Whether people don't follow this rule or not anymore does not repeal this law.

What are the kinds of repeal?

There are two flavors:

1. Express
2. Implied


What is an express repeal?

A repeal is express when it literally and categorically states so.

For example:

This Proclamation 1021 expressly repeals Proclamation 1017.

What is an implied repeal?

A repeal is implied, without saying it is a repealling law, when the second law is so contrary to the first one that it cannot be reconciled.

For example:

First law: One plus one shall be two.

Second Law: One plus one shall be three.

(If the second law does not say, "This law implies the first law," then it repeals that law impliedly.

What is the presumption as regards implied repeals?

The Philippine legal system frowns upon implied repeals. Hence, there is a presumption here against it. With the exemption of penal laws, it is holds all the more true because the lawmakers would have expressly repealed outright such law if they really wanted it repealed.

Are repeals retroactive?

As a general rule, a repeal is not retroactive except in penal laws, if it is in favor of the accused.

Why did you lecture on this today?

Let me give you an assignment, for a change.

Read Proclamations 1017 and 1021 and tell me if 1021 expressly or impliedly repealed 1017 (or not at all).

Presidential Proclamation No. 1021

WHEREAS, pursuant to Section 18, Article VII and Section 17, Article XII of the Constitution, Proclamation No. 1017 dated February 24, 2006 was issued declaring a state of national emergency;

WHEREAS, by virtue of General Order No. 5 and No. 6 dated February 24, 2006, which were issued on the basis of Proclamation No. 1017, the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) were directed to maintain law and order throughout the Philippines, prevent and suppress all forms of lawless violence as well as any act of rebellion and to undertake such actions as may be necessary;

WHEREAS, the AFP and PNP have effectively prevented, suppressed and quelled the acts of lawless violence and rebellion;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, hereby declare that the state of national emergency has ceased to exist.

City of Manila, March 3, 2006.


SIGNED:
Gloria Macapagal-Arroyo
President
Republic of the Philippines

By the President:

SIGNED:
Eduardo Ermita
Executive Secretary

Saturday, March 11, 2006
This day in history from:

Bummer

The day started out well.

Reported to my consultancy and I was just killing time at some mall during lunchtime when I got hit with a bum stomach, forcing me to come home and just rest.

That bummer made me miss choir service at the EDSA Shrine and along with that, the chance to see a dear friend (perhaps for the last time) before he migrates to Australia with his family.

I'm severely tempted to offer him our newly-renovated house for a despedida (farewell party). But let's see first because I'm waiting for certain things to happen (on Tuesday, to be more or less specific).

Anyway, a friend/client invited me, bum stomach and all, to his place to hang out later on that that. There I learned terms like "Red Cross, Cutting Corners," "Heaven and Hell" apart from "5 Card Stud," "Low-Ball" and the now-famous "Texas Hold'em." Even had some girl company at some later point, but that's all there is.

It was fun, nonetheless. But now I feel worse. Anyway, I'll rest for now because I still have a client call today. And then there's regular choir...

Have a good weekend, everyone!

Friday, March 10, 2006
This day in history from:

Who's back?

Just had an impulse to visit the long dead Synesthetique site.

It's a good thing I did. Turns out, she's back. And with a new site to boot.

Looking forward to hearing from her again...

Thursday, March 09, 2006
This day in history from:

Your Human Rights (from FLAG)

Got this one from the FLAG blogsite. A manual of sorts to survive PP 1017, or any other contingencies considering the present conduct of government.

I'm pretty confident they won't mind me posting it here in my blog... as you will see below...

Your Human Rights

(FLAG is uploading its most recently updated Primer entitled "Your Human Rights." This was first produced and disseminated during Martial Law. It was updated during the declaration by Mrs. Arroyo of a State of Rebellion in 2001; considerng Proclamation No. 1017, it is appropriate that this Primer be as widely disseminated as possible.)

UNDER THE CONSTITUTION, AND IN TIMES OF EMERGENCY THE PRESIDENT MAY RESORT TO ANY OF THESE EMERGENCY POWERS –


The President, whenever it becomes necessary, may call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion.

* Congress need not concur for the call out to be effective. It is important to remember that while the implementation of the President's decision to call out the armed forces is subject to judicial review, the courts will rarely, if ever, invalidate the factual findings of the President's decision.

* Justice Kapunan in his dissent in Lacson v Perez said that a declaration of a "state of rebellion" only gives notice to the nation that it exists and that the armed forces may be called to prevent or suppress it. Such declaration does not justify any deviation from the constitutional proscription against unreasonable searches and seizures. FLAG believes the calling out of the armed forces and the declaration of a "state of rebellion" do not—and can never—authorize the suspension of any of your constitutional rights.

In case of invasion or rebellion, and only when the public safety requires it, the President may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law, but:

* The President must submit a report to Congress within 48 hours from such suspension or declaration;

* Congress, voting as one body, may revoke the suspension or shorten the period;

* The President must respect the decision of Congress.

(a) The existence of an actual rebellion or invasion is not in itself a ground to suspend the privilege of the writ of habeas corpus or to declare martial law unless the public safety requires it.

(b) Congress may also extend the suspension or declaration upon the initiative of the President if the invasion or rebellion persists and the public safety requires it.

(c) If Congress is not in session when the suspension or declaration is made, it shall convene in 24 hours without need for call.

(d) The suspension of the privilege of the writ of habeas corpus or martial law shall last for a period not exceeding 60 days unless extended by Congress upon the initiative of the President. Congress cannot extend its duration if the President does not make the initiative.

(e) The suspension applies only to persons charged in court (not just in the fiscal's or prosecutor's office) for rebellion or offenses inherent in or directly connected with invasion. If the person arrested or detained is not charged in court within 3 days of his/her arrest, s/he must be immediately released.

(f) The declaration of martial law does not carry with it the automatic suspension of the privilege of the writ of habeas corpus, does not suspend the operation of the Constitution, supplant civilian courts, authorize the military to exercise jurisdiction over civilians, or give
the President the power to legislate.

(g) The Supreme Court may review the sufficiency of the factual basis of the suspension or declaration upon petition of any citizen, who need not be a taxpayer. The Supreme Court may entertain the petition even during the first 60 days of the suspension or declaration, and must decide the case within 30 days from filing.

* In times of national emergency, the President may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

(a) A national emergency refers to a situation where there is a threat of external aggression or calamities or natural disasters, including military or economic dislocations. Labor strikes do not constitute a national emergency unless the strikes are of such proportion that they would paralyze government service.

(b) The take-over may only be done during the emergency and under reasonable terms. Only the operations of any privately owned business utility or business affected with public interest may be taken over.

The transfer of ownership of such business is not required. The owner of any business taken over shall be properly compensated, when prejudiced by the take-over. The owner cannot prevent the take-over during the period of emergency but may contest it later.

(c) The President may not resort to sequestration by virtue of the state of emergency.

* The President may, in the interest of national welfare or defense, establish and operate vital industries. Upon payment of just compensation,the government may also transfer to public ownership utilities and other enterprises to be operated by it.

The President may exercise powers authorized or delegated by Congress.

(a) The powers that may be authorized by Congress do not include the power to legislate. The areas over which Congress may delegate to the President certain authority must be limited to meet the exigency of the emergency and nothing more.

(b) The powers that may be authorized by Congress must cease upon withdrawal by, or next adjournment of, Congress. Hence, the exercise of such powers is not coextensive with the existence of the emergency.

IN ANY SITUATION, YOU DO NOT LOSE YOUR BASIC RIGHTS, SUCH AS—


The right to life;

The right not to be tortured, nor subjected to cruel, Inhuman or degrading treatment or punishment;

The right not to be subjected to forced labor;

The right not to be imprisoned for non-payment of debt;

The right not to be punished for an act which was not yet a crime at the time of its commission;

The right to be recognized and treated as a person; and

The right to freedom of thought, conscience and religion.

These rights are absolute. Under no condition can their fulfillment or enjoyment be suspended. This is true even when martial, law or any other state of public emergency has been declared.

These are non-derogable rights under the International Covenant on Civil and Political Rights
to which the Philippine Government is a party.

There are other rights that are considered inalienable and inviolable, such as—

The right not to have your house searched without a search warrant issued by a Judge, and
not to have anything seized which is not specified in the search warrant. However, if you are legally arrested, your person and immediate surroundings may be searched for dangerous weapons, and any evidence found on your person or Immediate vicinity (only on your person and immediate vicinity) which may have been used to commit the crime for which you are being arrested may be seized.

The right to liberty and security of person. You can be deprived of liberty only on grounds and
procedures established by the Constitution and existing law.

The right not to be arrested except on evidence that a crime has been committed and that you
probably committed it. You may be arrested only on the strength of a warrant of arrest issued by a Judge, except:

* When you have committed, are actually committing, or are attempting to commit an
offense in the presence of the arresting officer;

* When an offense has just been committed and the arresting officer has probable cause to
believe, based on personal knowledge of facts and circumstances, that you committed the
offense;

* When you have escaped from prison or detention or while being transferred from one confinement to another.

The legality of your arrest must be determined in an inquest proceeding conducted by a civilian prosecutor. The prosecutor, in a summary proceeding, can:

(a) Order your release (this may or may not be subject to a full-blown preliminary investigation);

(b) Affirm the legality of your arrest, and prepare the corresponding complaint or information with the trial court.

(c) Often the inquest prosecutor will ask the person arrested if s/he desires a preliminary investigation; in which case s/he will be asked to sign a waiver. Do not sign the waiver without being duly informed of the nature and consequences of signing it. Signing the waiver may—and often does—mean that you are going to remain in detention, pending a preliminary investigation. It may also mean that you are waiving your right to file cases against those who arrested you.

While under arrest or detention, if you are questioned or investigated by the police or military, you have the following rights:

* To be informed of your right to remain silent and other constitutional rights;

* To have competent and independent counsel preferably of your own choice; and

* To be provided with counsel if you cannot afford one.

In all criminal prosecutions, you have the following rights:

* Not to be compelled to testify against yourself;

* To remain silent and to counsel;

* To be informed of the nature and cause of the accusation against you;

* To have a speedy, public and impartial trial;

* To appeal any conviction;

* To be presumed innocent until the contrary is proven;

* To be present and heard by yourself and counsel;

* To avail of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense; and

* To meet the witnesses face-to-face and to cross-examine them.

* The right to a preliminary investigation.

* The right against double jeopardy.

* Before conviction, the right to bail except for capital offenses when evidence of guilt is strong.

* The right to be treated with humanity and with respect for your personal dignity.

* The right to liberty of abode and the right to travel.

What to do:

1. IF YOUR HOUSE OR OFFICE IS SEARCHED

* Your house or office cannot be searched without a warrant duly issued by a Judge. When a valid search warrant is issued, the searching party can only seize those things that are particularly described in the search warrant, unless you consent, or the articles are contraband in plain view. However, if you are arrested, your person and immediate surroundings may be searched for dangerous weapons and evidence that you committed the crime for which you are being arrested; any evidence which may be found on your person or immediate vicinity can be seized.

* A search warrant is valid if:

- It is signed by the Judge;

- It specifies one offense only;

- It describes with particularity the exact location and/or address of the place to be searched and lists down exactly what things are to be seized;

- It is used within ten days from its issuance.


* A search warrant must be served during the daytime unless the affidavit supporting it asserts that the property is on the person or in the place ordered to be searched, in which case the warrant must specifically direct that it can be served at any time of the day or night.

* If the warrant is invalid, the search and seizure is unlawful, Any evidence obtained as a result of an unlawful search and seizure cannot be used as evidence in any proceeding. You may peacefully refuse, without liability, an unlawful search and seizure. You may also file criminal, civil or disciplinary action cases against the officer serving an unlawful warrant.

* Where there is no search warrant, do not voluntarily submit yourself to a search. Object immediately. Do not agree to be searched but do not physically resist. A warrantless search without your express, prior and voluntary consent is illegal.

During a search:

* Before allowing your home or office to be searched, ask for and read the search warrant. Examine it carefully to see if it:

(a) states your address;

(b) describes the items to be seized with particularity;

(c) is signed by a civilian judge;

(d) specifies only one offense; and

(e) is being used within 10 days from its issuance.

* Contact your lawyer by the most expedient means (telephone, text message) and inform him/her that your home or office is about to be searched.

The search party has the right to break any outer or inner door or window to effect the search if the search party is refused admittance to the place of the search after giving notice of the purpose and authority for the search.

* If it is a valid warrant, only then should you allow the search to be conducted. Upon letting the search party enter your premises, ask for their names, rank, and the office or unit to which they belong. Get the name and rank of the commanding officer.

* During the search, accompany the group conducting the search at all times. This lessens the possibility of their planting documents, weapons or other materials in your home or office.

Remember: The search party is allowed to conduct the search only in the presence of the lawful occupant or any member of his/her family, If no occupant or family member is present, the search must be conducted in the presence of two witnesses of sufficient age and discretion who reside in the locality. This means that every room, compartment, section or portion of the place cannot be searched unless the above witnesses are present.

* If anything is taken from your home or office, the officer seizing the property must give you a detailed receipt. Before signing the receipt—

(a) Go over it carefully to ensure its accuracy in designation, description and quantity;

(b) If there are blank spaces that might be used by unscrupulous police officers to "add" items that were not actually found during the search, ask the officer to place a line across the blank space.

(c) Insist that you be given a copy of the receipt; if they agree, make sure that the copy accurately reflects the original.

(d) If there is anything in the receipt that tends or appears to be incriminating, tell the searching party you are invoking your right to a lawyer and to remain silent and that you refuse to sign anything without talking to your lawyer first.

* You may be asked in sign an affidavit of orderly search. If the search was not conducted in an orderly manner, do not sign the affidavit. Instead, register your objection. In any case, read it very carefully and tell the police officers you want to consult your lawyer before you sign anything.

2. IF YOU ARE INTERCEPTED AT A STOP-AND-FRISK OPERATION

The "stop" and the "frisk" are actually two separate acts.

- The "stop" is employed by the police to investigate a suspicious individual. It involves briefly detaining you for the limited purpose of determining if any further police action should be taken against you.

- The "frisk" is intended for the safety of the police officer. It involves an actual physical invasion of your body for the limited purpose of determining if you are armed with a deadly or dangerous weapon.

- If the police officer has reasonable grounds to "stop" you for investigation, s/he does not automatically have the right to "frisk" you. A "frisk" may only be done if the police officer has good reason to believe that you are armed with a deadly or dangerous weapon.

- The "stop" may provide the police officer with a valid ground to arrest you, if you have a standing warrant of arrest or if there are valid grounds to effect a warrantless arrest. But if the "stop" does not provide the police officer with the legal basis to arrest you, there is no reason to believe that you are armed and the police officer must let you go.

* In upholding stop-and-frisk operations, the Philippine Supreme Court relied to a large extent
on the ruling of the United States Supreme Court in Terry v. Ohio. In that case, the U. S. Supreme Court adopted the balancing of interests approach (e.g., "balancing the need to search against the invasion which the search entails" ). The U.S. Supreme Court also mandated a two-step process to determine the validity of the stop-and-frisk operation: (1) was the "stop" justified? and (2) was the "frisk" limited in scope and intensity so as to achieve its limited purpose? The Philippine Supreme Court, however, did not apply the two-step process and a number of decisions are difficult to reconcile. This has opened the door to abuse by unscrupulous law enforcement officers.

* In a stop and frisk situation, remember:

- The police officer may ask for your identity but s/he cannot require you to present your
identification papers;

- The police officer may frisk you only if s/he has reasonable suspicion that you are armed. The frisk should only involve patting down the outer shell of your clothing, but the police officer cannot order you to take off your clothes to see if you have body marks or tattoos; neither can the police officer open your bag or ask to see your wallet;

- If, during the frisk, the police officer feels an object that could be a concealed weapon, the officer may take it out to examine it. If it is a deadly or dangerous weapon, the officer may seize it;

- The police officer may seize any concealed weapon (gun, knife) found on you and charge you.

* If you believe that you are a target of police harassment, do not act belligerently. Instead, file
criminal, civil or disciplinary action cases against the erring police officer.

3. IF YOU ARE STOPPED AT A CHECKPOINT

Remember:

* You need not step out of the vehicle nor open its trunk. The inspection must be limited to a visual search. Neither the inside of the vehicle nor the occupants are subject to a search. Only objects in plain view of the officers conducting the search are subject to seizure.

An extensive search is allowed only if the officers conducting the search have probable cause to believe before the search that either the motorist is an offender or that they will find evidence pertaining to the commission of a crime in the vehicle to be searched.

* When ordered to step out of the vehicle or open its trunk, do not readily accede to the order. Ask the officer or officers conducting the search for their names, their official positions, the office or unit to which they belong and reason for the order. If you believe that the order is unjustified, object firmly but peacefully to the order and state that you are not waiving any of your rights. Nonetheless, even if you fail to object, any evidence obtained as a result cannot be used against you. Consent under intimidating or coercive circumstances is not consent within the purview of the Constitution.

The right against unreasonable searches and seizures may be impliedly waived if you do not object to the unreasonable search.

* If you are being arrested because of any incriminating evidence found on your person or in
the vehicle, follow the advice in the succeeding section.

* Checkpoints are allowed only under exceptional circumstances (in red alert situations where the survival of organized government is on the balance or the lives and safety of the people are in grave peril or when there is a need to arrest a criminal or fugitive from justice). When the exceptional circumstances no longer exist, checkpoints are no longer allowed, and any checkpoints established are illegal.

* The area where checkpoints are established must be properly lighted. Clear and legible signs must be exhibited to that searches are being conducted. Enforcement officers must at all times be in uniform with their identification cards and nametags on. The unit manning checkpoints must always be led by an officer with the rank of lieutenant, If these standards are not met, you may report all instances of non-compliance to the police and military authorities for proper action.

3. IF YOU BELIEVE THAT YOU WILL BE ARRESTED OR SALVAGED

Take the following precautions:

* Do not go out alone. The risk of disappearance and being salvaged increases because no one witnesses or is willing to testify to the arrest of the person who disappeared/was salvaged.

* Avoid going to places where no one knows you.

* Do not stay at home or elsewhere alone.

* Tell your family or friends of the possibility of your being arrested, and what to do in case you are arrested. Tell them specifically whom to run to for help, how to get in touch with them, and where to search for you.

* Before going out, tell your family or friends where you are going, whom you will see, why, how long you expect to be out, and what to do if you fail to return on time, or fail to reach your destination, or keep your appointment. If you own a cell phone, send a text message to yours friends or family informing them that you have reached your destination and are proceeding to your next appointment.

* When you go out, always carry adequate identification, and avoid carrying anything that could be construed as incriminating.

* In case you are being arrested, see to it that people know that you are being arrested and by whom. If necessary, shout or make a scene to attract attention to your arrest. If you own a cell phone, call or send a text message to your family, friends and lawyer to inform them that you are being arrested.

* Disappearances and salvaging can be prevented or minimized if your family, friends or even bystanders will accompany or follow you and your arresting officers to learn where you are being taken and to show concern over your safety. As soon as possible, they should notify a lawyer or respected member of the community (a priest, teacher, doctor or civic leader) who, in turn, should try to visit you immediately.

* During detention, your family and friends should visit you as often as possible, and send things to you (food, magazines, medicines, clothes, etc.) on days they cannot or are not allowed to visit. Never agree to be taken out of jail or the detention center by anyone unless accompanied by your lawyer or a member of your family.

* Even if you have reliable information that there is a plan to arrest or salvage you, it is not advisable to go into hiding. Instead, request your lawyer or other responsible person to inquire if there is a warrant for your arrest, and if there is, to arrange for you to present yourself to the proper authorities under adequate guarantees for your safety. Meanwhile, prepare yourself by reviewing your rights and deciding what you will do if you are arrested to protect your safety and enforce your rights.

4. IF YOU ARE BEING ARRESTED

Remember:

* Stay calm. Being arrested is not the end of the world. Some apprehension is unavoidable; but you can reduce this by concentrating on each event as it happens, and not letting your imagination run wild about what will happen next.

* Ask a relative, friend or even a stranger (get the name and address) to witness your arrest. If you own a cellular phone, send a text message to your family, friends and lawyer informing them that you are being arrested. You may also call your family, friends and lawyer so they may listen in on your arrest.

* Ask the person or persons arresting you for their names, their official positions, and the office or unit they belong to.

* Ask for a copy of their authority to arrest you and examine it carefully. Note particularly if you are correctly named in the warrant of arrest, and the offense for which you are being arrested.

* If there is any defect in the warrant, register your objection to being arrested, but do not use force.

* If you are lawfully arrested, you may be searched for dangerous weapons or anything which may be used as proof that you committed the crime for which you are being arrested.

* Inquire from your arresting officer where you will be taken. Ask that you be accompanied by the relative, friend or stranger who witnessed your arrest. Assure the arresting officers that this is for their protection as well as yours.

* Ask to be allowed to telephone your lawyer; if denied, ask your relative, friend or other witness to your arrest, to do so. Inform your lawyer of your arrest, the identity of the arresting officers, the cause of your arrest, and where you will be taken.

* Do not, at any time, offer any physical resistance to the. arrest. State that you object to your arrest and are not waiving any of your rights, but are going peacefully in order to avoid violence.

* If the persons making the arrest are in civilian clothes, or refuse to give their names or show any warrant of arrest, refuse to go with them. Ask them to let you call for a policeman to verify their authority. Do not agree to being blindfolded. The law requires arresting officers to be properly dressed, to behave properly and to respect your rights and your dignity. If the arresting officers violate these requirements, do not cooperate, hut do not use violence either. Make them carry you out, shout for help, create a scene so that your neighbors and other passers-by may notice what is happening. Remember all violations of your rights, and complain about them at the first opportunity after your arrest, when you are presented to a judge or fiscal.

* If you are told that you are not being arrested but merely invited for questioning, reply that you will consult your lawyer first. Do so, then get your lawyer to talk to the officers and arrange a date, time and place for your questioning. If they do not allow you to consult your lawyer, refuse to go along with them. If they insist, their acts become an arrest, and the preceding advice applies.

* The general rule is that you can only be arrested upon proper warrant of arrest issued by a competent Court. However, there are three exceptions to this Rule—

- When you have committed, are actually committing, or attempting to commit an offense
in the presence of the arresting officer;

- When an offense has just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances that you committed the offense;

- When you have escaped from prison or detention or while being transferred from one confinement to another.

REPEAT: REMAIN CALM. Concentrate on what is happening now. Do not imagine what will happen next. Many of our fears are self-created. Above all, do not worry if you forget to do any of the things listed above. They are counsels of perfection, not always attainable. As long as you remain calm and collected, you will be able to protect your rights.


5. IF YOU HAVE ALREADY BEEN ARRESTED


These are your rights:

* To remain silent and to be assisted by a competent and independent lawyer of your choice.

* Not to be subjected to torture, manhandling, intimidation, deceit, promises of reward or leniency of any means (drugs, hypnosis, etc.) that vitiate or weaken your free will.

* To be brought for inquest as soon as possible, but not later than:

- 12 hours after arrest for a light offense

- 18 hours after arrest for a less grave offense

- 36 hours after arrest for a grave offense.

The legality of your arrest must be determined in an inquest proceeding conducted by a civilian
prosecutor. The prosecutor, in a summary proceeding, can

(a) Order your release (this may or may not be subject to a full-blown investigation);

(b) Affirm the legality of your arrest, and prepare the corresponding complaint or information with the trial court. Very often the inquest prosecutor will ask the person arrested if s/he desires a preliminary investigation; in which case s/he will be asked to sign a waiver. Do not sign the waiver without being duly informed of the nature and consequences of signing it. Signing the waiver may—and often does—mean that you are going to remain in detention, pending a preliminary investigation. It may also mean that you are waiving your right to file cases against those who arrested you.

* If you are questioned or investigated by the police or military, you have the following rights, among others:

- To remain silent;

- To have competent and independent counsel preferably of your own choice;

- To be provided with counsel if you cannot afford one; and

- To be informed of these rights, and to be told that anything you say may be used against you in court.

* In all criminal prosecutions, you have the following rights:

- Not to be compelled to testify against yourself;

- To remain silent and to counsel;

- To be informed of the nature and causes of the accusation against you;

- To have a speedy, public and impartial trial;

- To appeal any conviction;

- To be presumed innocent until the contrary is proved;

- To be present and heard by yourself and counsel;

- To avail of court processes to secure the compulsory attendance of witnesses and the
presentation of evidence in your defense; and

- To meet the witnesses face-to-face and to cross-examine them.

* When you are brought before the Judge, to make a formal complaint if you have been denied counsel, forced to confess, or manhandled, tortured or intimidated.

* To be released on reasonable bail, unless you are charged with a crime punishable by death and the evidence of your guilt is strong.

Release on bail does not bar you from challenging the validity of your arrest nor the legality of the warrant of arrest, provided you raise these challenges before being arraigned.

All arresting, detaining, inviting or investigating officers and their companions must follow and
observe the following, procedures, guidelines and duties, at the time of your arrest and again during your custodial investigation. These guidelines, procedures and duties were laid down by the Supreme Court in People v. Mahinay (G.R. No. 122485,1 February 1999):

- You must be informed in a language known and understood by you of the reason for your arrest, and you must be shown the warrant of arrest. All other warnings, information or communication must be in a language known and understood by you.

- You must be warned that you have the right to remain silent and that any statement you make may be used as evidence against you.

- You must be informed that you have the right to be assisted at all times and have the presence of an independent and competent lawyer of your own choice.

- You must be informed that if you have no lawyer or you cannot afford the services of a lawyer, one will be provided for you; and that a lawyer may also be engaged by any person on your behalf, or may be appointed by the court upon a petition by you or by one acting on your behalf.

- Whether or not you have a lawyer, you must be informed that no custodial investigation in any form shall be conducted except in the presence of your lawyer or unless you have validly waived any of your rights.

- You must be informed that you have the right, at any time, to communicate or confer by the most expedient means (telephone, text message, radio, letter, or messenger) with your lawyer, any member of your immediate family, any medical doctor, priest or minister you choose or one chosen by your immediate family or lawyer; you must also be informed that you have the right, at any time, to be visited by and confer with duly accredited national or international non-governmental organizations.

- You must be informed that you have the right to waive any of your rights provided you do so
voluntarily, knowingly, intelligently and you understand the consequences of your waiver.

- If you waive your right to a lawyer, you must be informed you must waive your right in writing and in the presence of your lawyer, otherwise you must be warned that your waiver is void even if you insist on your waiver and you choose to speak.

- You must be informed that you may indicate in any manner at any time or stage of the process that you do not wish to be questioned and that once you make such indication, you may not be interrogated, if the interrogation has not yet begun, or the interrogation must cease if it has already begun.

- You must be informed that your initial waiver of your right to remain silent, your right to counsel, or any of your rights, does not bar you from invoking yours rights at any time during the process, regardless of whether you have answered some questions or volunteered some statements.

- You must also be informed that any statement or evidence obtained in violation of any of the above procedures or guidelines, whether inculpatory or exculpatory, in whole or in part, is inadmissible in evidence.

(a) A common practice of investigating officers is to present a person arrested with a confession already drawn up and ready for signature, then to intimidate the suspect into signing the statement without reading it. And since uncounselled confessions have been disallowed under the Constitution, the investigating officers now have lawyers who are ready to assist you during the confession, to make everything legal and valid. Remain firm, but respectful. Insist that you would like to get your own lawyer, and ask for the opportunity to get in touch with your lawyer. Since they now know that you know your rights, the chances that you will be manhandled are reduced.

(b) lf you have not been informed of your rights to remain silent and to have competent and independent counsel of your choice, the arresting officer or employee or the investigating officer who fails to inform you of your rights is liable to suffer a fine or a penalty of imprisonment, or both. If the arresting officer or employee or investigating officer has been previously convicted for a similar offense, s/he shall suffer the penalty of perpetual absolute disqualification.

(c) If the arresting officer or employee or the investigating officer or anyone acting upon their orders or in their place, fails to provide you with competent and independent counsel if you cannot afford the services of your oy.rn counsel, s/he is liable to suffer a fine or a penalty of imprisonment, or both. If the arresting officer or employee or investigating officer has been previously convicted for a similar offense, s/he shall suffer the penalty of perpetual absolute disqualification.

(d) Whoever obstructs, prevents or prohibits your lawyer, any member of your family, any medical doctor or religious minister, from visiting and conferring privately with you, or from examining and treating you, or from ministering to your spiritual needs, at any hour of the day, or, in urgent cases, of the night, is liable to suffer the penalty of imprisonment and a fine.

6. IF YOU ALREADY ARE UNDER DETENTION

Your rights are:

* To be treated as a human being.

* To due process, which comprises the rights:

- To be informed of the written regulations governing the detention center;

- Not to be punished for any act except in accordance with those regulations;

- To be subjected to only such punishment for breaches of discipline as are the least restrictive
means to maintain order and security in the detention center;

- Not to be subjected to corporal punishment, confinement in a dark cell or total isolation (bartolina).

* To receive visits from your family, friends and lawyers.

* To practice your religion.

* To adequate food and, if you desire, to procure food from outside, through the administration of the detention center or through family and friends.

* To wear your own clothing unless you have none, in which case the detention administration shall supply it, but such clothing must be different from that supplied to convicts.

* To healthful accommodations, with sufficient light and ventilation, and adequate sanitary and bathing facilities.

* To a separate bed with sufficient bedding.

* To at least one hour's daily outdoor exercise.

* To competent medical and dental service, and to be treated by your own doctor or dentist if there is reasonable need for it and you or your family or friends will pay for it.

* To be furnished with or to procure reading and writing materials.

* To be kept separate from convicts serving sentence.

* To a speedy, impartial and public trial.


(I think this should even be emailed, copied and disseminated to anyone and everyone, especially during these times. I think FLAG would not mind.)

A Flat Tire

A Cebu Pacific plane burst its tires before taking of from Manila bound for Dumagete yesterday.

They're now investigating what caused that accident.

I'm betting one of two possibilities:

One, there's a vulcanizing shop nearby.

Two, Spike boy struck again.

Invites

I don't really get police logic.

What's with the police "inviting" people instead of "arresting" them?

As you may have read in this previous blog lecture, "Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense." (Section 1, Rule 113, Revised Rules of Criminal Procedure).

Could you really "refuse" a police "invite"? Can you really refuse to go with someone with a gun? Of course not.

If a man with a gun asks you, "Can I please have some money?" would what you'll give him be a "donation"? Of course not.

Face it. That "invite" is an arrest and should be done with a warrant. Unless, of course, it qualifies under a warrantless arrest.

Wednesday, March 08, 2006
This day in history from:

Somebody else's blog

Jove Francisco's current entry on Selective Amnesia pointed me back to reading Atty. Teddy Te's blogs. He's a blogger since 1999.

His "main" blog, Vincula contains his opinions and personal thoughts on a wide variety of subjects. His "law" blog, The Grand Manner, is his more formal law blog.

Met the guy quite a few years ago when a mutual client introduced me to him. He may not remember me now, as event was not that significant.

Let me just say, in my book, what he lacks in height (pardon, sir), he more than makes up for in stature. Not like some other "little" person I know. Atty. Te is a million times wealthier than that other little person we all know.

Perhaps, in the tempest that was the last four years of my life, I have missed the forrest for the trees. But let me just get over this financial hump and I will definitely refocus. And he's a very good role model.

I'll try to read his blogs as often as I can. Maybe you should too.

Tuesday, March 07, 2006
This day in history from:

Dear Pressman...

In reply to your request for an opinion on whether the National Telecomunications Commission ("NTC") has to authority to issue Memorandum Circular No. 01-03-2006, we reply in the negative.

It is our opinion that the NTC DOES NOT have the power our authority to issue the aforementioned memorandum for the following reasons:

1. An examination of the laws governing the NTC, namely, Republic Acts Nos. 7925 (Telecommunications), 3846 (Radio) and 6849 (Telephone), readily reveal that it does not explicitly state its power to regulate content.

Under Section 5, RA 7925, the NTC only has the power to:

a) Adopt an administrative process which would facilitate the entry of qualified service providers and adopt a pricing policy which would generate sufficient returns to encourage them to provide basic telecommunications services in unserved and underserved areas;

b) Ensure quality, safety, reliability, security, compatibility and inter-operability of telecommunications facilities and services in conformity with standards and specifications set by international radio and telecommunications organizations to which the Philippines is a signatory;

c) Mandate a fair and reasonable interconnection of facilities of authorized public network operators and other providers of telecommunications services through appropriate modalities of interconnection and at a reasonable and fair level of charges which make provision for the cross subsidy to unprofitable local exchange service areas so as to promote telephone density and provide the most extensive access to basic telecommunications services available at affordable rates to the public;

d) Foster fair and efficient market conduct through, but not limited to, the protection of telecommunications entities from unfair trade practices of other carriers;

e) Promote consumers welfare by facilitating access to telecommunications services whose infrastructure and network must be geared towards the needs of individual and business users;

f) Protect consumers against misuse of telecommunications entity's monopoly or quasi-monopolistic powers by but not limited to the investigation of complaints and exacting compliance with service standards from such entity; and

g) In the exercise of its regulatory powers, continue to impose such fees and charges as may be necessary to cover reasonable costs and expenses for the regulation and supervision of the operations of telecommunications entities.

The NTC exercises the duties and responsibilities of the Secretary of Transportation and Communication under Section 3, RA 3846 as follows:

a) He shall classify radio stations and prescribe the nature of service to be rendered by each class and by each station within any class;

b) He shall assign call letters and assign frequencies for each station licensed by him and for each station established by virtue of a franchise granted by the Philippine Legislature and specify the stations to which each such frequency may be used;

c) He shall make rules and regulations to prevent and eliminate interference between stations and to carry out the provisions of this Act and the provisions of International Radio Regulations: Provided however, that changes in the frequencies or in the authorized power, or in the character of omitted signals, or in the type of the power supply, or in the hours of operation of any licensed station, shall not be made without first giving the station a hearing;

d) He may establish areas or zones to be served by any station;

e) He may make special rules and regulations applicable to radio stations engaging in chain broadcasting;

f) He may make general rules and regulations requiring stations to keep records of traffic handled, distress, frequency watches, programs, transmissions of energy, communications or signs;

g) He may conduct such investigations as may be necessary in connection with radio matters and hold hearings, summon witnesses, administer oaths and compel the production of books, logs, documents and papers;

h) He may prescribe rules and regulations to be observed by radio training schools; he may supervise the course and method of instruction therein, and he may refuse to admit to examinations for radio operators' licenses graduates of any radio school not complying with the regulations;

i) He shall prescribe rates of charges to be paid to the Government for the inspection of stations, for the licensing of stations, for the examination of operators, for the licensing of operators, for the renewal of station or operator licenses, and for such other services as may be rendered;

j) He is hereby empowered to approve or disapprove any application for the construction, installation, establishment or operation of a radio station;

k) He may approve or disapprove any application for renewal of station or operator license: Provided however, that no application for renewal shall be disapproved without giving the licensee a hearing;

l) He may, at his discretion, bring criminal actions against violators of the radio law or the regulations; or simply suspend or revoke the offender's station or operator's licenses; or refuse to renew such licenses; or just reprimand and warn the offenders;

m) The location of any station, and the power and kind or type of apparatus to be used shall be subject to his approval;

n) He shall prescribe rules and regulations to be observed by stations for the handling of SOS messages and distress traffic: Provided, that such rules and regulations shall not conflict with the provisions of the International Radio Regulations.


Finally, the NTC has the following functions under Section 3, RA 6849:


(a) Develop, in coordination with all other agencies concerned, a plan for providing public calling stations with technology capable of voice and data transmission in every municipality and, when feasible, in such barangay not otherwise served by an existing telephone exchange using appropriate technology and for this purpose formulate or cause to be formulated, engineering studies;

(b) Undertake the implementation of the said plans and programs and toward this end, to enter into contracts subject to existing laws and regulations for the procurement of equipment, construction of facilities and the installation of the system;

(c) Arrange for funding form any source, private, government, foreign or domestic, including official development assistance, bilateral and multilateral loans subject to applicable laws and regulations;

(d) Prescribe and ensure compatibility with minimum standards and regulations to assure acceptable standards of construction, maintenance, operation,

(e) personnel training, accounting and fiscal practices for the municipal telecommunications operators of public calling stations;

(f) Furnish technical assistance and personnel training programs for the municipal telecommunications operators of public calling stations;

(g) Monitor and evaluate local telecommunications and effect system integration and operations whenever economically and technically feasible.

As readily seen from above, the NTC has no power to regulate content of a radio and television broadcast. Hence, the aforementioned memorandum has no legal basis.

2. Even assuming, for the sake of argument that it does, it is invalid because it constitutes prior restraint of the freedom of expression, allowed only under extreme circumstances. Even granting the existence such extreme circumstances, such memorandum should be deemed automatically lifted once they cease to exist.

We hope we have sufficiently addressed your concerns. If you have any futher inquiries, please do not hesitate to contact us.

Very truly yours,
Punzi
Principal Attorney

Monday, March 06, 2006
This day in history from:

Oscar Winners

Performance by an Actor in a Supporting Role
George Clooney
SYRIANA

Achievement in Visual Effects
KING KONG
Joe Letteri, Brian Van't Hul, Christian Rivers and Richard Taylor

Best Animated Feature Film of the Year
WALLACE & GROMIT IN THE CURSE OF THE WERE-RABBIT
Nick Park and Steve Box

Best Live Action Short Film
SIX SHOOTER
Martin McDonagh

Best Animated Short Film
THE MOON AND THE SON: AN IMAGINED CONVERSATION
John Canemaker and Peggy Stern

Achievement in Costume Design
MEMOIRS OF A GEISHA
Colleen Atwood

Achievement in Makeup
THE CHRONICLES OF NARNIA: THE LION, THE WITCH AND THE WARDROBE
Howard Berger and Tami Lane

Performance by an Actress in a Supporting Role
Rachel Weisz
THE CONSTANT GARDENER

Best Documentary Short Subject
A NOTE OF TRIUMPH: THE GOLDEN AGE OF NORMAN CORWIN
Corinne Marrinan and Eric Simonson

Best Documentary Feature
MARCH OF THE PENGUINS
Luc Jacquet and Yves Darondeau

Achievement in Art Direction
MEMOIRS OF A GEISHA
John Myhre (Art Direction); Gretchen Rau (Set Decoration)

Achievement in Music Written for Motion Pictures (Original Score)
BROKEBACK MOUNTAIN
Gustavo Santaolalla

Achievement in Sound Mixing
KING KONG
Christopher Boyes, Michael Semanick, Michael Hedges and Hammond Peek

Achievement in Music Written for Motion Pictures (Original Song)
IT'S HARD OUT HERE FOR A PIMP" FROM HUSTLE & FLOW
Music and Lyric by Jordan Houston, Cedric Coleman and Paul Beauregard

Achievement in Sound Editing
KING KONG
Mike Hopkins and Ethan Van der Ryn

Best Foreign Language Film of the Year
TSOTSI
South Africa

Achievement in Film Editing
CRASH
Hughes Winborne

Performance by an Actor in a Leading Role
Philip Seymour Hoffman
CAPOTE

Achievement in Cinematography
MEMOIRS OF A GEISHA
Dion Beebe

Performance by an Actress in a Leading Role
Reese Witherspoon
WALK THE LINE

Adapted Screenplay
BROKEBACK MOUNTAIN
Screenplay by Larry McMurtry & Diana Ossana

Original Screenplay
CRASH
Screenplay by Paul Haggis & Bobby Moresco; Story by Paul Haggis

Achievement in Directing
BROKEBACK MOUNTAIN
Ang Lee

Best Motion Picture of the Year
CRASH
Paul Haggis and Cathy Schulman

Disaster relief, sustainable development & community service


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Side Prayers

PRAYER FOR GENEROSITY
Lord Jesus,
Teach me to be generous,
Teach me to serve You as You deserve
To give and not to count the cost,
To fight and not to heed the wounds,
To toil and not to seek for rest,
To labor and not to ask for reward,
except that of knowing
That I do Your Holy Will. Amen

THE LAWYER'S PRAYER
May every word I speak be from Your Truth...
I ask come from Your Wisdom...
May every case I handle receive Your Guidance...
May every heart, every life I touch, feel Your Love.

THE JABEZ PRAYER
And Jabez called on the God of Israel saying,
"Oh, that You would bless me indeed,
and enlarge my territory,
that Your Hand be with me,
that You would keep me from evil,
that I may not cause pain."

So God granted him what he requested.

Side Oath

The Lawyer's Oath
I do solemnly swear that
I will maintain allegiance to
the Republic of the Philippines,
I will support its Constitution
and obey the laws as well as
the legal orders of the
duly constituted authorities therein;
I will do no falsehood,
nor consent to the doing of any in court;
I will not wittingly or willingly
promote or sue any groundless,
false or unlawful suit,
nor give aid nor consent to the same;
I will delay no man for money or malice,
and will conduct myself as a lawyer
according to the best of my knowledge
and discretion with all good fidelity
as well to the courts as to my clients;
and I impose upon myself this voluntary obligation
without any mental reservation
or purpose of evasion.
So help me God.

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