My Thouhgts

2011-06-06T19:41:00.000-07:00

June 7, 2011

Honey,

Thank you for lifting my spirits you lift them high, that my heart is overflowing with love for you.

I MISS YOU DESPERATELY.

I have cherished and adored all that you shared with me, the gentle touch of your hand, your warm hugs your loving and sensual kisses, the feel of your skin and the thrill of holding your hand.

I am amazed with everything that you do. I miss you and I long for you. I long to feel the comfort and peace in your loving arms, and the sensual passion of your kisses. I long to hold you close to me and never let go.

I MISS YOU

Dream of me…my love

High Contrast Images w/ PS CS4

2011-02-07T19:28:00.001-08:00

High contrast B/W with PS CS4

His name is "Kidlat" as in Lightning. He's an amazing hunter; hunts like a lightning. :p

Festivities - Cebu

2011-02-03T18:37:00.001-08:00

The Sinulog Festival 2011

The face of this festival

One of the Festival Queens of this years Sinulog Festival - Cebu takes a gaze at my camera.

Eggless Leche Flan

2011-01-11T17:20:00.000-08:00

“The way to a woman’s heart is through her stomach”. I would want to give you a way to her stomach first especially if your woman is a vegetarian. So here is a leche flan that is just perfect and delightful without the slime of eggs.

Eggless Leche Flan

1 can condensed milk

1 can evap milk

1 stick gulaman (preferably yellow)

4 tsb vanilla

11/2c water

For syrup

1c sugar

1/2 c water

1. Preparing the syrup: in a saucepan, boil sugar and add water until little thick. Pour syrup in leche flan or baking pan. Set aside.

2. Pour condensed milk and evap milk in a pot (preferably cast iron to avoid scorching). Add vanilla. Boil.

3. In a separate pan, boil one stick gulaman in 1 1/2c water. Strain and pour into the boiling milk-vanilla mixture. Stir constantly. Remove from heat.

4. Pour mixture over syrup-lined pan. Allow to set. When cooled, invert pan and serve.

There you go a tasty leche flan without egg giving some chicks one step on their journey of breathing in the surface of the Earth.

More of Filipino vegetarian diet at the book Gulay: by Nona Lema available in bookstores nationwide.

Can you Imagine That?

2010-02-15T17:55:00.000-08:00

Scientist Freeze Water with Heat! Now that's hot or cool!?

Imagine water freezing solid. That's one unusual thing scientist now find water is capable of.

Popular belief contends that water freezes at 320F (00C). Surprisngly if water lies in a smooth bottle and is free of any dust, it can stay liquid down to minus 40degrees fareinheit in what's called "supercooled form"(really!). The dust and rough surfaces that water is normally found in contact with in nature can serve as kernels around which ice crystal form.

Now (tadaa) researcher Igor Lubomirsky at the Weizmann Institute of Science in Rehovot, Israel, and his collegues have discovered another way to control the freezing point of water - what are called quasi-amorphous pyroelectric thin films. These surfaces change thier electrical charge depending on their temperature.

When pyroelectric surfaces are postively charged water becomes easier to freeze, and when they become negatively charge it becomes harder to freeze.

Positively charged surfaces inspire supercooled water to freeze from bottom up, while negatively charged surfaces caused it to frezze from top to down. This has likelyto do with how water molecules orient themselves - the negatively charged oxygen atoms in water molecules naturally point toward positively charged surfaces, while the reverse is tru with hydrogen atoms.

(So what!?Now the application)

The ability to better control the freezing temperature of supercooled water could be critical for a variety of applications, including survival of cooled-blooded animals, the cryopreservation of cells and tissues(hmmm), the protection of crops from freezing and the ability to understand and trigger cloud formation.

http://livescience.com/

Panoramic Cebu

2010-02-02T23:27:00.000-08:00

One of Cebu's famous landmark is the historic lighthouse at Bagacay Point in the northern town of Liloan Cebu. It was built in 1904 through General William Howard Taft. The tower is 72 feet tall and emits light which reaches up to 17 nautical miles. This tower is an American inspired colonial architechture which is one the remnants of American Colonialism in the country.

*Photo taken at 6:30 Pm

Dine Cebu! Part II

2010-02-02T23:04:00.000-08:00

How does it feel to dine at the top of the mountain? If you don't know the answer, try to have a visit at Mr. A restaurant. They offer great food and a great and serene place.

Getting there: 10-15 minutes by taxi

Dine Cebu!

2010-01-24T19:54:00.000-08:00

Filipino food is best for Filipinos and recommended for non-Filipinos, have it at the Mesa Restaurant only at the Terraces Ayala Center Cebu.

They can offer you authentic modern Filipino cuisine at an affordable price.

Kaon na ta!

Unsa to?

2009-08-06T19:37:00.000-07:00

Some Texting Abbreviations You Have To Know

UG2BK . . . . . . . You got to be kidding

GBTW. . . . . . . . Get back to work

NMP . . . . . . . . . Not my problem

PIR . . . . . . . . . . Parent in room

GFTD. . . . . . . . . Gone for the day

FYEO. . . . . . . . . For your eyes only

BI5 . . . . . . . . . . Back in five minutes

DEGT . . . . . . . . Don’t even go there

BIL . . . . . Boss is listening

PAW. . . . Parents are watching

99 . . . . . . Parents are no longer watching

PCM . . . . Please call me

IMS. . . . . I am sorry

TOY. . . . . Thinking of you

KUTGW. . Keep up the good work

CID . . . . . Consider it done

FWIW. . . For what it’s worth

HAND . . . Have a nice day

IAT . . . . . I am tired

NRN . . . . No response necessary

4COL. . . . For crying out loud

WRUD. . . What are you doing

LMIRL. . . Let’s meet in real life

^5 . . . . . . High five

TTYL . . . . Talk to you later

2009-06-11T23:37:00.000-07:00

Mabuhay ang Pilinas - Noon at Ngayon

Sa araw na ito ipinadiriwang natin ang anibersaryo ng ating kasarinlan na buong buhay nating ipinaglalaban।

Nagsimula sa mga Kastila, Hapon at natapos sa mga Amerikano. Ngunit malaya na ba talaga tayo? Oo malaya tayo dahil nakapagtatag tayo ng isang lumalabang Republika - ang simbolo na tayo'y malaya.

Malaya tayo dahil malayang gumawagayway ang ating bandila kasama ng pag -ihip ng malakas na hangin na tila ba lumalaban sa anumang pwersang nais umalipin nito.

Ito ang Pilipinas sa ika-labing isang daang taong anibersaryo ng kanyang kalayaan mula sa mapag- aping dayuhan.

Ito tayo't lumalaban pa rin sa patuloy na pag ikot ng mundo. Nanatiling nakatayo at sumusubok na wag matumba.

Nararapat lamang na sa araw na ito ay ipagdiwang natin ng buong puso ang ating kasarinlan dahil hindi natin ito nakamit ng walang kapalit. Dugo ang naging alay natin dito kaya nararapat lamang na damahin natin ito.

Mabuhay ang sambayanang Pilipino. Mabuhay ang Republika.Mabuhay ang ika-labing isang daang taon ng paggunita ang ating kalayaan.

Audiocracy - Album of the Month

2009-06-05T20:47:00.000-07:00

Marilyn Manson

" The High End of Low"
If your in static mood you just to be high, try this album from Marilyn Manson, it might soothe you. It includes 15 full metal tracks.
Enjoy listening!

Some not so Significant Information from this Insignificant Blog

2009-06-05T18:20:00.000-07:00

1. A "2 by 4" is actually 1 1/2 by 3 1/२.
2. The three Wise Monkeys are actually named: Mizaru (See no evil), Mikazaru (Hear no evil), Mazaru (Speak no evil).
3.If you put a drop of liquor on a scorpion, it will make him mad and sting itself to death (you got an option to try).
4. During his entire life, Vincent Van Gogh sold exactly one painting, and that's the "Red Vineyard at Arles".
5.28% of Africa is classified as wilderness. In North America its 38%.
6.The Guiness Book of Records is the most stolen book in public libraries.
7. A snail can sleep for three years straight.
8. About 55% of all movies are rated र.

Summer Mini Guide Mindanao Part II

2009-03-27T20:31:00.000-07:00

Zamboanga (area code +62)
Melting pot of the Peninsula. It is here where Christians, Muslims and other tribal communities live together in harmony.

Historical Significance
The Fort Pilar house 500 years of colonial history - from the Spanish settlement to chapters of British, Dutch, American, and Japanese invasion।

Muslim Village
Rio Hondo is a picturesque Muslim village laid out on stilts over the water.

Summer Mini Guide

2009-03-27T20:13:00.000-07:00

Undecided where to go this summer?
Here's a little hand I'm giving you.
Why not go somewhere down below.
It's you take a bite of the Zamboanga Peninsula.
First drop off point:
Dipolog and Dapitan City (Zamboanga del Norte) (area code +65)
History comes alive! Visit the homes of national hero Dr. Jose P. Rizal at Casa Redonda and Casa Cuadrada. There are books and exhibits at the Rizaliana in Dapitan City Plaza. His original estate is the breathtaking Rizal Shrine which nearby the sea. Dapitan City is just a 15 - minute ride by a shuttle from Dipolog City.
Looking for a challenge? Here's the great challenge for you this summer. Take your steps up at the man made 3003 steps up to the Linabo Peak, Dipolog's highest point at 460m above sea level. Glimpse spectacular and splendid panoramas and the coastline and feel the fresh breeze of the wind up there. It's worth a step.
Favorite Festival: Pagsalabuk Festival and Hudyaka Zanorte where each municipality composing the province showcases their unique crafts and more.
Come and be adore.

Enough of the Academe! Here's to Make Your Stomach Full Part I

2009-03-27T18:53:00.000-07:00

Creamy Bananas

Since Lakatan bananas are no doubt everyone's favorite, a dessert made form milk, cream cheese, sugar and lakatan bananas should be everyone's favorite too!

You need:
6 pcs bananas (lakatan)
1 box cream cheese
1/2 c sugar
1/2 c milk

Here's how:
1. Soften the cream cheese and slowly add sugar. Mix well.
2. Pour milk and mix thoroughly.
3. Arrange whole lakatan bananas on a platter.
4. Pour cream cheese - milk -sugar mixture over the bananas. Serve cold.

There you go, enjoy this treat!

Referrence:
Gulay by Nona Lema

Notes That Might Help a Law Student in Studying Transportation and Public Service Law Part I

2009-03-27T02:36:00.000-07:00

TRANSPORTATION &
PUBLIC SERVICE LAW

GENERAL CONCEPTS IN TRANSPORTATION LAW

*Contract of Transportation

There is contract of transportation where a person obligates himself to transport persons or property from one place to another for a consideration.
nThe contract may therefore involve carriage of passengers or carriage of goods.
nThe person who obligates himself to transport the goods or passengers may be a common carrier or a private carrier.

*Parties in a contract of carriage

Passenger – one who travels in a public conveyance by virtue of contract, express or implied, with the carrier as to the payment of fare or that which is accepted as an equivalent thereof (Nueca v. Manila Railroad Co., G.R. 31731-R, Jan. 30, 1968)
nCommon Carrier – one that holds itself out as ready to engage in the transportation of goods for hire as a public employment and not as a casual occupation. (De Guzman v. CA, G.R. L-47822, Dec. 22, 1988)

Baliwag Transit v. CA, G.R. 80447, Jan. 31, 1989

Facts:
nThe parents of George, who is already of legal age filed a case against Baliwag for breach of contract alleging that because of the negligent manner by its driver, George was thrown off the bus as a result of which the latter sustained multiple serious physical injuries.
nHis parents was seeking reimbursement of their medical expenses and other incidental expenses incurred by them due to hospitalization of George.
nWhile the case was pending, George signed a waiver of claim in favor of Baliwag’s insurer, Fortune Insurance.

Ruling:
Since the suit is one for breach of contract of carriage, the release of claims executed by George, as the injured party, discharging Fortune Insurance and Baliwag from any and all liability is valid.
nSignificantly, the contact of carriage was actually between George, as the paying passenger, and Baliwag, as the common carrier. x – x – x – x Since the contract may be violated only by the parties thereto, as against each other, in an action upon that contract, the real parties in interest, either as plaintiff or as defendant, must be parties to said contract.
nIn the absence of any contract of carriage between Baliwag and George’s parents, the latter are not real parties in interest in an action for breach of that contract.

*Parties in Carriage of Goods

nShipper – is the person who delivers the goods to the carrier for transportation. He is the person who pays the consideration or on whose behalf payment is made.
nConsignee – is the person to whom the goods are to be delivered. The consignee may be the shipper himself or a third person who is not actually party to the contract.
nCarrier (Ibid)

Everett Steamship Corp. v. CA G.R. 122494, Oct. 8, 1998

Facts:
nHernandez Trading imported three crates of bus spare parts from Japan. The crates were shipped on board "ADELFAEVERETTE," a vessel owned by petitioner's principal, Everett Orient Lines.
nUpon arrival at the port of Manila, it was discovered that one of the crates was missing. The loss was confirmed and admitted by Everett.
However, Everett offered to pay only One Hundred Thousand (Y100,000.00) Yen, the maximum amount stipulated under Clause 18 of the covering bill of lading which limits the liability of petitioner. Hernandez rejected.
nThe trial found in favor of Hernandez. On appeal, Everett argued that consent of the consignee to the terms and conditions of the bill of lading is necessary to make such stipulations binding upon it .

Ruling:
nWhen Hernandez formally claimed reimbursement for the missing goods from Everett and subsequently filed a case against the it based on the very same bill of lading, it accepted the provisions of the contract and thereby made itself a party thereto, or at least has come to court to enforce it.
nHowever, the liability of the carrier under the limited liability clause stands, which is limited to One Hundred Thousand (Y100,000.00) Yen.

Certain Laws a Law Student May Need in the Study of Transportation and Public Service Law Part II

2009-03-27T02:32:00.000-07:00

Republic v. RETELCO
256 SCRA 1

“Section 79 (b) of Executive Order No. 94, Series of 1947 provides:

(b) To investigate, consolidate, negotiate for, operate and maintain wire-telephone or radio telephone communication service throughout the Philippines by utilizing such existing facilities in cities, towns, and provinces as may be found feasible and under such terms and conditions or arrangements with the present owners or operators thereof as may be agreed upon to the satisfaction of all concerned”.

“Free competition in the industry may also provide the answer to a much-desired improvement in the quality and delivery of this type of public utility, to improved technology, fast and handy mobile service, and reduced user dissatisfaction. After all, neither PLDT nor any other public utility has a constitutional right to a monopoly position in view of the Constitutional proscription that no franchise certificate or authorization shall be exclusive in character or shall last longer than fifty (50) years (Section 11; Article XIV, Section 5, 1973 Constitution; Article XIV, Section 8, 1935 Constitution).”

Facts:

Before us is a petition for the review of the decision of the then Intermediate Appellate Court (now the Court of Appeals) in an injunction suit filed in the then Court of First Instance (now the Regional Trial Court) by respondent Republic Telephone Company, Inc. (hereafter, RETELCO [now Philippine Long Distance Company, Inc.]) against petitioner officers of the Bureau of Telecommunications (hereafter, BUTELCO, now the Department of Telecommunications and Communications [DOTC] Telecommunications Office).
The respondent appellate court narrated the facts of this case, undisputed as they are, in the following manner:
This case arose from a complaint filed on May 17, 1972 by petitioner-appellee, the Republic Telephone Company [RETELCO], seeking to enjoin the respondents Director or Acting Director of the Bureau of Telecommunications; its Regional Superintendent; the Exchange Manager and Chief Operator of the Bureau of Telecommunications at Malolos, Bulacan, and the agents and representatives acting in their behalf, from operating and maintaining their local telephone system in Malolos, Bulacan and from soliciting subscribers in that municipality and its environs, alleging inter alia that such operations and maintenance of the telephone system and solicitation of subscribers by respondents constituted an unfair and ruinous competition to the detriment of petitioner [RETELCO] who is a grantee of both municipal and legislative franchises for the purpose. Respondents [BUTELCO], thru counsel, filed a motion to dismiss the aforesaid petition on the grounds that they are not the indispensable and real parties in interest in the case and that petitioner [RETELCO] has no cause of action against them. The motion was denied on June 20, 1972; and after petitioner-appellee [RETELCO] had furnished a bond of P75,000.00, Order was issued on June 30, 1972, restraining respondents [BUTELCO] from operating and maintaining the local telephone system in Malolos and from soliciting customers. Respondents [BUTELCO] filed their Answer on July 6, 1972, followed with a motion on July 8, 1972, asking for the lifting of the Writ of Preliminary Injunction suit, contending that state-owned property, albeit immune from suit, had been adversely affected by the injunction. For the reason that evidence has to be adduced yet to determine respondents' [BUTELCO's] compliance with Executive Order No. 94, Series of 1947, the court a quo denied the motion.

It is not disputed that petitioner-appellee, Republic Telephone Company, Inc., or RETELCO, is a domestic corporation engaged in the business of installing, operating and maintaining nationwide local telephone on December 29, 19 59 from the Municipal Council of services. It had acquired a municipal franchise telephone system within the municipality of Malolos for a period of thirty-five years. The Malolos, Bulacan per Resolution No. 190, Series of 1959 to install, maintain and operate a local e municipal franchise was approved by the Provincial Board of Bulacan on January 21, 1960 thus certificate of public convenience and necessity was secured from the Public Service Commission on March 15, 1960 under PSC Case No. 129826 which the President of the Philippines approved on March 23,1960; RETELCO accepted the commission certificate and filed the required deposit with the Treasurer of the Philippines on April 11,1960 . . . . On June 22, 1963, RETELCO obtained a legislative franchise under Republic Act No. 3662 of the then Congress of the Philippines for the construction, operation and maintenance of a nationwide telephone service with exchanges in various areas including the municipality of Malolos. It was approved by the President of the Philippines for a period of fifty years, and the correspondent certificate of public convenience and necessity was granted on January 16, 1968 under Public Service Commission case No. 67-4023.

The lower court, finding after trial that respondents [BUTELCO] and intervenors-appellants were duplicating the functions of petitioner-appellee [RETELCO] in contravention of Executive Order No. 94, Series of 1947, rendered a judgment making the preliminary injunction PERMANENT.

Respondent appellate court sustained the court a quo's finding that Section 79 of Executive Order No. 94, Series of 1947 prohibited any other entity, besides the present operator, from maintaining and selling telephone services in Malolos, Bulacan, unless there was first executed a mutually acceptable arrangement or agreement between such other entity and the present operator as regards the utilization of the latter's existing facilities. Respondent court found respondent RETELCO to be the present operator of telephone services in Malolos, Bulacan, and BUTELCO having failed to first make arrangements with the former before establishing its own telephone system, respondent appellate court upheld the propriety of the permanent injunction issued by the court a quo in this wise:

Issues:
A. THE INTERMEDIATE APPELLATE COURT ERRED IN RULING THAT THE INTEGRATED REORGANIZATION PLAN DOES NOT REPEAL AND/OR MODIFY SECTION 79 (B), EXECUTIVE ORDER NO. 94, SERIES OF 1947, INSOFAR AS THE FUNCTIONS OF BUREAU OF TELECOMMUNICATIONS ARE CONCERNED, WHICH RULING IS COMPLETELY OPPOSED TO A PRIOR DECISION OF SAME RESPONDENT COURT IN A CASE INVOLVING THE SAME PARTIES, SAME ISSUES, AND THE SAME SUBJECT MATTER.

B. IN HOLDING THAT UNDER THE INTEGRATED REORGANIZATION PLAN, THE BUREAU OF TELECOMMUNICATIONS IS NOT AUTHORIZED TO PROVIDE TELECOMMUNICATIONS FACILITIES, INCLUDING TELEPHONE SYSTEMS, FOR GOVERNMENT OFFICES, IN AREAS WHERE THERE ARE [Sic] EXISTING PRIVATE TELEPHONE SYSTEM, WITHOUT NEGOTIATING WITH THE PRESENT OWNERS OR OPERATORS;

C. IN HOLDING THAT RETELCO HAS THE EXCLUSIVE RIGHT IN OPERATING AND MAINTAINING [A] TELEPHONE SYSTEM IN GOVERNMENT OFFICES IN MALOLOS, BULACAN.

Ruling:

There is no clear showing by RETELCO, however, that its franchises are of an exclusive character. Now, the cover headings on the rollo and the records of this case show that RETELCO is now Philippine Long Distance Telephone Company (PLDT), although nothing no document or allegation in the rollo and the records indicate how the substitution came to be. At any rate, it may very well be pointed out as well that neither did the franchise of PLDT at the time of the controversy confer exclusive rights upon PLDT in the operation of a telephone system. In fact, we have made it a matter of judicial notice that all legislative franchises for the operation of a telephone system contain the following provision:

It is expressly provided that in the event the Philippine Government should desire to maintain and operate for itself the system and enterprise herein authorized, the grantee shall surrender his franchise and will turn over to the Government said system and all serviceable equipment therein, at cost, less reasonable depreciation.

BUTELCO's initiative to operate and maintain a telephone system in Malolos, Bulacan, was undertaken pursuant to Section 79 (b) of Executive Order No. 94, Series of 1947. Said provision vested in BUTELCO the following powers and duties, among others:

(b) To investigate, consolidate, negotiate for, operate and maintain wire-telephone or radio telephone communication service throughout the Philippines by utilizing such existing facilities in cities, towns, and provinces as may be found feasible and under such terms and conditions or arrangements with the present owners or operators thereof as may be agreed upon to the satisfaction of all concerned.

It may be that in its original prospectuses the Bureau officials had stated that the service would be limited to government offices; but such limitations could not block future expansion of the system, as authorized by the terms of the Executive Order, nor could the officials of the Bureau bind the Government not to engage in services that are authorized by law.

In other words, BUTELCO cannot be said to be prohibited under the aforecited legal provision from operating and maintaining its own telephone system in Malolos, Bulacan.

The Bureau of Telecommunications may take steps to improve the telephone service in any locality in the Philippines, but in so doing it must first enter into negotiation or arrangement with the operator or owner of the existing telephone system; When a private person or entity is granted a legislative franchise to operate a telephone system, or any public utility for that matter the government has the correlative obligation to afford the grantee of the franchise all the chances or opportunity to operate profitably, as long as public convenience is properly served rather than promote a competition with the grantee.

This is not to say, however, that the lack of prior negotiation with the existing telephone system operator renders illegal the operation by BUTELCO of a telephone system. After all, the very provision in question phrases the prior negotiation requirement in less than mandatory terms. Section 79 (b) of Executive Order No. 94, Series of 1947 provides:

(b) To . . . negotiate for, operate and maintain wire-telephone or radio telecommunications service throughout the Philippines by utilizing such existing facilities in cities, towns, and provinces as may be found feasible and under such terms and conditions or arrangements with the present owners or operators thereof as may be agreed upon to the satisfaction of all concerned.

BUTELCO admittedly did not fulfill this obligation. Such failure, however, is not violative of any mandatory provision of law. There was no violation of Section 79 (b) of Executive Order No. 94 but only an irregularity in the procedure by which BUTELCO undertook the operation of a telephone system in Malolos, Bulacan. It cannot be denied that, even if prior negotiations were undertaken by BUTELCO with RETELCO, and they both could not agree on mutually acceptable terms and conditions, nothing in Section 79 (b) of Executive Order No. 94 prohibits BUTELCO from proceeding with the setting up and operation of a telephone system in Malolos, Bulacan, despite the presence of a prior operator in the person of RETELCO. Thus, any injunction prohibiting BUTELCO from operating its telephone system finds no sufficiently legal and just basis under Section 79 (b) of Executive Order No. 94.

The petition is HEREBY GRANTED. The decision of respondent Court of Appeals is hereby reversed and set aside. The questioned writ of preliminary injunction made permanent by respondent Court of First Instance (now the Regional Trial Court) in its judgment, dated January 6, 1975, is hereby dissolved for having been issued without legal basis.

Certain Laws a Law Student May Need in the Study of Transportation and Public Service Law

2009-03-18T23:57:00.000-07:00

Republic Act No. 8792

AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL USE THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress assembled:

PART I
SHORT TITLE AND DECLARATION OF POLICY

Sec. 1. Short Title. - This Act shall be known as the "Electronic Commerce Act of 2000". chanrobles law firm
Sec. 2. Declaration of Policy. - The State recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services; the primary responsibility of the private sector in contributing investments and services in telecommunications and information technology; the need to develop, with appropriate training programs and institutional policy changes, human resources for the information technology age, a labor force skilled in the use of ICT and a population capable of operating and utilizing electronic appliances and computers; its obligation to facilitate the transfer and promotion of adaptation technology, to ensure network security, connectivity and neutrality of technology for the national benefit; and the need to marshal, organize and deploy national information infrastructures, comprising in both telecommunications network and strategic information services, including their interconnection to the global information networks, with the necessary and appropriate legal, financial, diplomatic and technical framework, systems and facilities.chanrobles law firm.

PART II
ELECTRONIC COMMERCE IN GENERAL

Sec. 3. Objective. - This Act aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public.
Sec. 4. Sphere of Application. - This Act shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information. chanrobles law firm
Sec. 5. Definition of Terms. - For the purposes of this Act, the following terms are defined, as follows:
a. ?Addressee? refers to a person who is intended by the originator to receive the electronic data message or electronic document. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic document.
b. ?Computer? refers to any device or apparatus which, by electronic,electro-mechanical or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of those functions.
c. ?Electronic Data Message? refers to information generated, sent, received or stored by electronic, optical or similar means.
d. ?Information and Communication System? refers to a system intended for and capable of generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic document. chanrobles law firm
e. ?Electronic Signature? refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
f. ?Electronic Document? refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
g. ?Electronic Key? refers to a secret code which secures and defendssensitive information that crosses over public channels into a form decipherable only with a matching electronic key.
h. ?Intermediary? refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores or provides other services in respect of that electronic document.
i. ?Originator? refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent . The term does not include a person acting as an intermediary with respect to that electronic document.
j. ?Service Provider? refers to a provider of -
(i) On-line services or network access, or the operator of facilities therefor, including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of the user?s choosing; or
(ii) The necessary technical means by which electronic documents of an originator may be stored and made accessible to a designated or undesignated third party; chanrobles law firm
Such service providers shall have no authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform.

CHAPTER II
LEGAL RECOGNITION OF ELECTRONIC WRITING
OR DOCUMENT AND DATA MESSAGES

Sec. 6. Legal Recognition of Data Messages. - Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the data message purporting to give rise to such legal effect, or that it is merely referred to in that electronic data message.
Sec. 7. Legal Recognition of Electronic Documents. ? Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing, and -
(a) Where the law requires a document to be in writing, that requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference, in that -
(i) The electronic document has remained complete and unaltered, apart from the addition of any endorsement and any authorized change, or any change which arises in the normal course of communication, storage and display; and
(ii) The electronic document is reliable in the light of the purpose for which it was generated and in the light of all the relevant circumstances.
(b) Paragraph (a) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the document not being presented or retained in its original form. chanrobles law firm
(c) Where the law requires that a document be presented or retained in its original form, that requirement is met by an electronic document if -
(i) There exists a reliable assurance as to the integrity of the document from the time when it was first generated in its final form; and
(ii) That document is capable of being displayed to the person to whom it is to be presented: Provided, That no provision of this Act shall apply to vary any and all requirements of existing laws on formalities required in the execution of documents for their validity.
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document under existing laws.
This Act does not modify any statutory rule relating to the admissibility of electronic data messages or electronic documents, except the rules relating to authentication and best evidence.
Sec. 8. Legal Recognition of Electronic Signatures. - An electronic signature on the electronic document shall be equivalent to the signature of a person on a written document if that signature is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which -
(a) A method is used to identify the party sought to be bound and to indicate said party?s access to the electronic document necessary for his consent or approval through the electronic signature;
(b) Said method is reliable and appropriate for the purpose for which the electronic document was generated or communicated, in the light of all the circumstances, including any relevant agreement;
(c) It is necessary for the party sought to be bound, in order to proceed further with the transaction, to have executed or provided the electronic signature; and
(d) The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same.
Sec. 9. Presumption Relating to Electronic Signatures. - In any proceedings involving an electronic signature, it shall be presumed that -
(a) The electronic signature is the signature of the person to whom it correlates; and
(b) The electronic signature was affixed by that person with the intention of signing or approving the electronic document unless the person relying on the electronically signed electronic document knows or has notice of defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances. chanrobles law firm
SEC. 10. Original Documents. - (1) Where the law requires information to be presented or retained in its original form, that requirement is met by an electronic data message or electronic document if:
(a) the integrity of the information from the time when it was first generated in its final form, as an electronic data message or electronic document is shown by evidence aliunde or otherwise; and
(b) where it is required that information be presented, that the information is capable of being displayed to the person to whom it is to be presented.
(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the information not being presented or retained in its original form.
(3) For the purposes of subparagraph (a) of paragraph (1):
(a) the criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change which arises in the normal course of communication, storage and display; and
(b) the standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all relevant circumstances. chanrobles law firm
SEC. 11. Authentication of Electronic Data Messages and Electronic Documents. - Until the Supreme Court by appropriate rules shall have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by demonstrating, substantiating and validating a claimed identity of a user, device, or another entity in an information or communication system, among other ways, as follows:
(a) The electronic signature shall be authenticated by proof that a letter, character, number or other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or that the appropriate methodology or security procedures, when applicable, were employed or adopted by a person and executed or adopted by such person, with the intention of authenticating or approving an electronic data message or electronic document;
(b) The electronic data message and electronic document shall be authenticated by proof that an appropriate security procedure, when applicable was adopted and employed for the purpose of verifying the originator of an electronic data message and/or electronic document, orndetecting error or alteration in the communication, content or storage of an electronic document or electronic data message from a specific point, which, using algorithm or codes, identifying words or numbers, encryptions, answers back or acknowledgment procedures, or similar security devices.
The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic document or electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.
The person seeking to introduce an electronic data message and electronic document in any legal proceeding has the burden of proving itsauthenticity by evidence capable of supporting a finding that the electronic data message and electronic document is what the person claims it to be.
In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data message or electronic document is recorded or stored may be established in any legal proceeding -
(a) By evidence that at all material times the information and communication system or other similar device was operating in a manner that did not affect the integrity of the electronic data message and/or electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system;
(b) By showing that the electronic data message and/or electronic document was recorded or stored by a party to the proceedings who is adverse in interest to the party using it; or
(c) By showing that the electronic data message and/or electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using the record.
SEC. 12. Admissibility and Evidential Weight of Electronic Data Message and Electronic Documents. - In any legal proceedings, nothing in the application of the rules on evidence shall deny the admissibility of an electronic data message or electronic document in evidence -
a. On the sole ground that it is in electronic form; or
b. On the ground that it is not in the standard written form and electronic data message or electronic document meeting, and complying with the requirements under Sections 6 or 7 hereof shall be the best evidence of the agreement and transaction contained therein.
In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identified, and other relevant factors shall be given due regard.
SEC. 13. Retention of Electronic Data Message and Electronic Document. - Notwithstanding any provision of law, rule or regulation to the contrary -
(a) The requirement in any provision of law that certain documents be retained in their original form is satisfied by retaining them in the form of an electronic data message or electronic document which -
i. Remains accessible so as to be usable for subsequent reference;chanrobles law firm
ii. Is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated, sent or received;
iii. Enables the identification of its originator and addressee, as well as the determination of the date and the time it was sent or received.
(b) The requirement referred to in paragraph (a) is satisfied by using the services of a third party, provided that the conditions set forth in subparagraphs (i), (ii) and (iii) of paragraph (a) are met.
SEC. 14. Proof By Affidavit. - The matters referred to in Section 12, on admissibility and Section 9, on the presumption of integrity, may be presumed to have been established by an affidavit given to the best of thedeponent's knowledge subject to the rights of parties in interest as defined in the following section.
SEC. 15. Cross-Examination. - (1) A deponent of an affidavit referred to in Section 14 that has been introduced in evidence may be cross-examined as of right by a party to the proceedings who is adverse in interest to the party who has introduced the affidavit or has caused theaffidavit to be introduced.
(2) Any party to the proceedings has the right to cross-examine a person referred to in Section 11, paragraph 4, sub-paragraph c.

CHAPTER III
COMMUNICATION OF ELECTRONIC DATA
MESSAGES AND ELECTRONIC DOCUMENTS

SEC. 16. Formation and Validity of Electronic Contracts. - (1) Except as otherwise agreed by the parties, an offer, the acceptance of an offer and such other elements required under existing laws for the formation of contracts may be expressed in, demonstrated and proved by means of electronic data message or electronic documents and no contract shall be denied validity or enforceability on the sole ground that it is in the form of an electronic data message or electronic document, or that any or all of the elements required under existing laws for the formation of the contracts is expressed, demonstrated and proved by means of electronic documents.
(2) Electronic transactions made through networking among banks, or linkages thereof with other entities or networks, and vice versa, shall be deemed consummated upon the actual dispensing of cash or the debit of one account and the corresponding credit to another, whether such transaction is initiated by the depositor or by an authorized collecting party: Provided, that the obligation of one bank, entity, or person similarly situated to another arising therefrom shall be considered absoluteand shall not be subjected to the process of preference of credits.
SEC. 17. Recognition by Parties of Electronic Data Message or Electronic Document. - As between the originator and the addressee of a electronic data message or electronic document, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of a electronic data message.
SEC. 18. Attribution of Electronic Data Message. - (1) An electronic data message or electronic document is that of the originator ifit was sent by the originator himself.
(2) As between the originator and the addressee, an electronic data message or electronic document is deemed to be that of the originator if itwas sent:
(a) by a person who had the authority to act on behalf of the originator with respect to that electronic data message or electronic document; or
(b) by an information system programmed by, or on behalf of the originator to operate automatically.
(3) As between the originator and the addressee, an addressee is entitled to regard an electronic data message or electronic document as being that of the originator, and to act on that assumption, if:
(a) in order to ascertain whether the electronic data message or electronic document was that of the originator, the addressee properlyapplied a procedure previously agreed to by the originator for that purpose; or
(b) the electronic data message or electronic document as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify electronic data messages as his own.
(4) Paragraph (3) does not apply:
(a) as of the time when the addressee has both received notice from the originator that the electronic data message or electronic document is not that of the originator, and has reasonable time to act accordingly; or
(b) in a case within paragraph (3) sub-paragraph (b), at any time whenthe addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the electronic data message or electronic document was not that of the originator.
(5) Where an electronic data message or electronic document is that of the originator or is deemed to be that of the originator, or the addressee is entitled to act on that assumption, then, as between the originator and the addressee, the addressee is entitled to regard the electronic data message or electronic document as received as being what the originator intended to send, and to act on that assumption. The addressee is not so entitled when it knew or should have known, had it exercised reasonable care or used any agreed procedure, that the transmission resulted in any error in the electronic data message or electronic document as received.
(6) The addressee is entitled to regard each electronic data message or electronic document received as a separate electronic data message or electronic document and to act on that assumption, except to the extent that it duplicates another electronic data message or electronic documentand the addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the electronic data message or electronic document was a duplicate.
SEC. 19. Error on Electronic Data Message or Electronic Document. - The addressee is entitled to regard the electronic data message or electronic document received as that which the originator intended to send, and to act on that assumption, unless the addressee knew or should have known, had the addressee exercised reasonable care or used the appropriate procedure -
(a) That the transmission resulted in any error therein or in the electronicdocument when the electronic data message or electronic document enters the designated information system, or
(b) That electronic data message or electronic document is sent to an information system which is not so designated by the addressee for thepurpose.
SEC. 20. Agreement on Acknowledgment of Receipt of Electronic Data Messages or Electronic Documents. - The following rules shall apply where, on or before sending an electronic data message or electronic document, the originator and the addressee have agreed, or in that electronic document or electronic data message, the originator has requested, that receipt of the electronic document or electronic data message be acknowledged:
a) Where the originator has not agreed with the addressee that the acknowledgment be given in a particular form or by a particular method,an acknowledgment may be given by or through any communication by the addressee, automated or otherwise, or any conduct of the addressee,sufficient to indicate to the originator that the electronic data message orelectronic document has been received.
(b) Where the originator has stated that the effect or significance of theelectronic data message or electronic document is conditional on receiptof the acknowledgment thereof, the electronic data message or electronic document is treated as though it has never been sent, until the acknowledgment is received.
(c) Where the originator has not stated that the effect or significance ofthe electronic data message or electronic document is conditional onreceipt of the acknowledgment, and the acknowledgment has not been received by the originator within the time specified or agreed or, if notime has been specified or agreed, within a reasonable time, the originator may give notice to the addressee stating that no acknowledgment hasbeen received and specifying a reasonable time by which the acknowledgment must be received; and if the acknowledgment is not received within the time specified in subparagraph (c), the originator may,upon notice to the addressee, treat the electronic document or electronicdata message as though it had never been sent, or exercise any other rights it may have.
SEC. 21. Time of Dispatch of Electronic Data Messages or Electronic Documents. - Unless otherwise agreed between the originator and the addressee, the dispatch of an electronic data message or electronic document occurs when it enters an information system outside the control of the originator or of the person who sent the electronic data message or electronic document on behalf of the originator.
SEC. 22. Time of Receipt of Electronic Data Messages or Electronic Documents. - Unless otherwise agreed between the originator and the addressee, the time of receipt of an electronic data message or electronic document is as follows:
(a) If the addressee has designated an information system for the purpose of receiving electronic data message or electronic document,receipt occurs at the time when the electronic data message or electronicdocument enters the designated information system: Provided, however,that if the originator and the addressee are both participants in the designated information system, receipt occurs at the time when theelectronic data message or electronic document is retrieved by the addressee.
(b) If the electronic data message or electronic document is sent to aninformation system of the addressee that is not the designated information system, receipt occurs at the time when the electronic data message orelectronic document is retrieved by the addressee;
(c) If the addressee has not designated an information system, receiptoccurs when the electronic data message or electronic document entersan information system of the addressee.
These rules apply notwithstanding that the place where the information system is located may be different from the place where the electronic data message or electronic document is deemed to be received.
SEC. 23. Place of Dispatch and Receipt of Electronic Data Messages or Electronic Documents. - Unless otherwise agreed between the originator and the addressee, an electronic data message or electronic document is deemed to be dispatched at the place where the originator has its place of business and received at the place where the addressee has its place of business. This rule shall apply even if the originator or addressee had used a laptop or other portable device to transmit or receive his electronic data message or electronic document. This rule shall also apply to determine the tax situs of such transaction.
For the purpose hereof -
a. If the originator or the addressee has more than one place of business,the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business.
b. If the originator of the addressee does not have a place of business, reference is to be made to its habitual residence; or
c. The ?usual place of residence? in relation to a body corporate, means the place where it is incorporated or otherwise legally constituted.
SEC. 24. Choice of Security Methods. - Subject to applicable laws and/or rules and guidelines promulgated by the Department of Trade and Industry with other appropriate government agencies, parties to any electronic transaction shall be free to determine the type and level of electronic data message and electronic document security needed, and to select and use or implement appropriate technological methods that suit their needs.

PART III
ELECTRONIC COMMERCE IN SPECIFIC AREAS
CHAPTER I.
CARRIAGE OF GOODS

SEC. 25. Actions Related to Contracts of Carriage of Goods. - Without derogating from the provisions of part two of this law, this chapter applies to any action in connection with, or in pursuance of, a contract of carriage of goods, including but not limited to:
(a) (i) furnishing the marks, number, quantity or weight of goods;
(ii) stating or declaring the nature or value of goods;
(iii) issuing a receipt for goods;
(iv) confirming that goods have been loaded;
(b) (i) notifying a person of terms and conditions of the contract;
(ii) giving instructions to a carrier; chanrobles law firm
(c) (i) claiming delivery of goods;
(ii) authorizing release of goods;
(iii) giving notice of loss of, or damage to, goods;
(d) giving any other notice or statement in connection with the performance of the contract;
(e) undertaking to deliver goods to a named person or a person
(f) granting, acquiring, renouncing, surrendering, transferring or negotiating rights in goods;
(g) acquiring or transferring rights and obligations under the contract. chanrobles law firm
SEC. 26. Transport Documents. - (1) Where the law requires that any action referred to contract of carriage of goods be carried out in writing or by using a paper document, that requirement is met if the action is carried out by using one or more data messages or electronic documents.
(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for failing either to carry out the action in writing or to use a paper document.
(3) If a right is to be granted to, or an obligation is to be acquired by, one person and no other person, and if the law requires that, in order to effect this, the right or obligation must be conveyed to that person by the transfer, or use of, a paper document, that requirement is met if the right or obligation is conveyed by using one or more electronic data messages or electronic documents unique;
(4) For the purposes of paragraph (3), the standard of reliability required shall be assessed in the light of the purpose for which the right or obligation was conveyed and in the light of all the circumstances, including any relevant agreement.
(5) Where one or more data messages are used to effect any action in subparagraphs (f) and (g) of Section 25, no paper document used to effect any such action is valid unless the use of electronic data message orelectronic document has been terminated and replaced by the use of paper documents. A paper document issued in these circumstances shall contain a statement of such termination. The replacement of electronic data messages or electronic documents by paper documents shall not affect the rights or obligations of the parties involved. chanrobles law firm
(6) If a rule of law is compulsorily applicable to a contract of carriage of goods which is in, or is evidenced by, a paper document, that rule shall not be inapplicable to such a contract of carriage of goods which is evidenced by one or more electronic data messages or electronic documents by reason of the fact that the contract is evidenced by such electronic data messages or electronic documents instead of by a paper document.chanrobles law firm.

PART IV
ELECTRONIC TRANSACTIONS IN GOVERNMENT

SEC. 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic Signatures. - Notwithstanding any law to the contrary, within two (2) years from thedate of the effectivity of this Act, all departments, bureaus, offices and agencies of the government, as well as all government-owned and-controlled corporations, that pursuant to law require or accept the filing of documents, require that documents be created, or retained and/or submitted, issue permits, licenses or certificates of registration or approval, or provide for the method and manner of payment or settlement of fees and other obligations to the government, shall -
(a) accept the creation, filing or retention of such documents in the formof electronic data messages or electronic documents;
(b) issue permits, licenses, or approval in the form of electronic data messages or electronic documents;
(c) require and/or accept payments, and issue receipts acknowledging such payments, through systems using electronic data messages orelectronic documents; or
(d) transact the government business and/or perform governmental functions using electronic data messages or electronic documents, and forthe purpose, are authorized to adopt and promulgate, after appropriatepublic hearing and with due publication in newspapers of general circulation, the appropriate rules, regulations, or guidelines, to, among others, specify -
(1) the manner and format in which such electronic data messages orelectronic documents shall be filed, created, retained or issued; chanrobles law firm
(2) where and when such electronic data messages or electronic documents have to be signed, the use of a electronic signature, the typeof electronic signature required;
(3) the format of an electronic data message or electronic document and the manner the electronic signature shall be affixed to the electronic data message or electronic document;
(4) the control processes and procedures as appropriate to ensure adequate integrity, security and confidentiality of electronic datamessages or electronic documents or records or payments;
(5) other attributes required of electronic data messages or electronic documents or payments; and
(6) the full or limited use of the documents and papers for compliance with the government requirements: Provided, That this Act shall by itself mandate any department of the government, organ of state or statutory corporation to accept or issue any document in the form of electronicdata messages or electronic documents upon the adoption, promulgation and publication of the appropriate rules, regulations, or guidelines.
SEC. 28. RPWEB To Promote the Use Of Electronic Documents and Electronic Data Messages In Government and to the General Public. - Within two (2) years from the effectivity of this Act, there shall be installed an electronic online network in accordance with Administrative Order 332 and House of Representatives Resolution 890, otherwise known as RPWEB, to implement Part IV of this Act to facilitate the open, speedy and efficient electronic online transmission, conveyance and use of electronic data messages or electronic documents amongst all government departments, agencies, bureaus, offices down to the division level and to the regional and provincial offices as practicable as possible, government owned and controlled corporations, local government units, other public instrumentalities, universities, colleges andother schools, and universal access to the general public.
The RPWEB network shall serve as initial platform of the government information infrastructure (GII) to facilitate the electronic online transmission and conveyance of government services to evolve and improve by better technologies or kinds of electronic online wide area networks utilizing, but not limited to, fiber optic, satellite, wireless and other broadband telecommunication mediums or modes. To facilitate the rapid development of the GII, the Department of Transportation and Communications, National Telecommunications Commission and the National Computer Center are hereby directed to aggressively promote and implement a policy environment and regulatory or non-regulatory framework that shall lead to the substantial reduction of costs of including, but not limited to, lease lines, land, satellite and dial-up telephone access, cheap broadband and wireless accessibility by government departments, agencies, bureaus, offices, government owned and controlled corporations, local government units, other public instrumentalities and the general public, to include the establishment of agovernment website portal and a domestic internet exchange system to facilitate strategic access to government and amongst agencies thereof and the general public and for the speedier flow of locally generated internet traffic within the Philippines.
The physical infrastructure of cable and wireless systems for cable TV and broadcast excluding programming and content and the management thereof shall be considered as within the activity of telecommunications for the purpose of electronic commerce and to maximize the convergence of ICT in the installation of the GII.
SEC. 29. Authority of the Department of Trade and Industry and Participating Entities. - The Department of Trade and Industry (DTI) shall direct and supervise the promotion and development of electronic commerce in the country with relevant government agencies, without prejudice to the provisions of Republic Act. 7653 (Charter of Bangko Sentral ng Pilipinas) and Republic Act No. 337 (General Banking Act), as amended.
Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certifications, as the case may be, and perform such other functions as may be necessary for the implementation of this Act in the area of electronic commerce to include, but shall not be limited to, the installation of an online public information and quality and price monitoring system for goods and services aimed in protecting the interests of the consuming public availingof the advantages of this Act.

PART V
FINAL PROVISIONS

SEC. 30. Extent of Liability of a Service Provider. ? Except as otherwise provided in this Section, no person or party shall be subject to any civil or criminal liability in respect of the electronic data message or electronic document for which the person or party acting as a service provider as defined in Section 5 merely provides access if such liability is founded on -
(a) The obligations and liabilities of the parties under the electronic data message or electronic document;
(b) The making, publication, dissemination or distribution of such materialor any statement made in such material, including possible infringement ofany right subsisting in or in relation to such material: Provided, That:
i. The service provider does not have actual knowledge, or is not awareof the facts or circumstances from which it is apparent, that the making,publication, dissemination or distribution of such material is unlawful or infringes any rights subsisting in or in relation to such material;
ii. The service provider does not knowingly receive a financial benefitdirectly attributable to the unlawful or infringing activity; and
iii. The service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or partyto commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person orparty: Provided, further, That nothing in this Section shall affect -
a) Any obligation founded on contract;
b) The obligation of a service provider as such under a licensing or other regulatory regime established under written law; or
c) Any obligation imposed under any written law;
d) The civil liability of any party to the extent that such liability forms thebasis for injunctive relief issued by a court under any law requiring thatthe service provider take or refrain from actions necessary to remove, block or deny access to any material, or to preserve evidence of aviolation of law.
SEC. 31. Lawful Access. - Access to an electronic file, or an electronic signature of an electronic data message or electronic document shall only be authorized and enforced in favor of the individual or entity having a legal right to the possession or the use of the plaintext, electronic signature or file and solely for the authorized purposes. The electronic key for identity or integrity shall not be made available to any person or party without the consent of the individual or entity in lawful possession ofthat electronic key.
SEC. 32. Obligation of Confidentiality. - Except for the purposes authorized under this Act, any person who obtained access to any electronic key, electronic data message, or electronic document, book, register, correspondence, information, or other material pursuant to any powers conferred under this Act, shall not convey to or share the same with any other person.
SEC. 33. Penalties. - The following Acts shall be penalized by fine and/or imprisonment, as follows:
(a) Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including theintroduction of computer viruses and the like, resulting in the corruption,destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundredthousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months tothree (3) years;
(b) Piracy or the unauthorized copying, reproduction, dissemination,distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronicsignature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works,through the use of telecommunication networks, such as, but not limitedto, the internet, in a manner that infringes intellectual property rights shallbe punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
(c) Violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions covered by or usingelectronic data messages or electronic documents, shall be penalized withthe same penalties as provided in those laws;
(d) Other violations of the provisions of this Act, shall be penalized with a maximum penalty of onemillion pesos (P1,000,000.00) or six (6) years imprisonment. chanrobles law firm
SEC. 34. Implementing Rules and Regulations. - The DTI, Department of Budget and Management and the Bangko Sentral ng Pilipinas are hereby empowered to enforce the provisions of this Act andissue implementing rules and regulations necessary, in coordination withthe Department of Transportation and Communications, National Telecommunications Commission, National Computer Center, National Information Technology Council, Commission on Audit, other concernedagencies and the private sector, to implement this Act within sixty (60)days after its approval.
Failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.
SEC. 35. Oversight Committee. ? There shall be a Congressional Oversight Committee composed of the Committees on Trade and Industry/Commerce, Science and Technology, Finance and Appropriations of both the Senate and House of Representatives, which shall meet at least every quarter of the first two years and every semester for the third year after the approval of this Act to oversee its implementation. The DTI, DBM, Bangko Sentral ng Pilipinas, and other government agencies as may be determined by the Congressional Committee shall provide a quarterly performance report of their actions taken in the implementation of this Act for the first three (3) years.
SEC. 36. Appropriations. - The amount necessary to carry out the provisions of Secs. 27 and 28 of this Act shall be charged against any available funds and/or savings under the General Appropriations Act of 2000 in the first year of effectivity of this Act. Thereafter, the funds needed for the continued implementation shall be included in the annual General Appropriations Act.
SEC. 37. Statutory Interpretation. - Unless otherwise expressly provided for, the interpretation of this Act shall give due regard to its international origin and the need to promote uniformity in its applicationand the observance of good faith in international trade relations. The generally accepted principles of international law and convention on electronic commerce shall likewise be considered.
SEC. 38. Variation by Agreement. - As between parties involved in generating, sending, receiving, storing or otherwise processing electronic data message or electronic document, any provision of this Act may be varied by agreement between and among them.
SEC. 39. Reciprocity. - All benefits, privileges, advantages or statutory rules established under this Act, including those involving practice of profession, shall be enjoyed only by parties whose country of origin grants the same benefits and privileges or advantages to Filipino citizens.
Sec. 40. Separability Clause. - The provisions of this Act are hereby declared separable and in the event of any such provision is declared unconstitutional, the other provisions, which are not affected, shall remainin force and effect.
Sec. 41. Repealing Clause. - All other laws, decrees, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Sec. 42. Effectivity. - This Act shall take effect immediately after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved:

(Sgd.) PRESIDENT JOSEPH E. ESTRADA

Life

2008-05-26T20:42:00.000-07:00

Just recently I came to a moment where I wanted to talk to people I don't know।I wanted just to have a talk to relieve me from what I feel।But it just so happen that its hard to have one.I tried and tried and tried but it seems I'm so unlucky.So what I do I made another ego,then suddenly there they come,eager,excited and dying to talk to me.Do I have to do that to have someone I can talk?Is this how hard for a person to talk to find, (sic)this time?As I talk to these people I have to make bunch of lies to feed what they want to hear.Hahahah too bad for them!
However it comes to a point that I think its enough I am not enjoying it anymore.So time to say stop!So it was like blown away by a strong wind - a tornado perhaps!Sometimes there are things that you enjoy for awhile but doesnt really last that long.Nothing last forever anyway so, that's just it.Enjoy each moment that you have because nothing last forever.
Be very happy when you are in the state of happiness because eventually it will be gone.Be very sad,when you are sad it will not last long it will also be gone eventually.Sleep tight at night because the night is not forever,they're maybe another nights but one night is not the same with another.
Enjoy what you are now because you maybe different when you wake up tommorow.

Heroes

2008-02-14T17:48:00.000-08:00

Nagsimula akong manood ng Heroes ilang linggo na rin ang nakakaraan.Napahanga at nagustuhan ko agag ang seryeng ito.Hindi nga lang ito gawang 'Pinas pero aprub.Simula nun nakaugaliang ko nang manood nito dahil nga sa kakaibang istoryang inilalahad nito sa manonood.
Hindi nga lang sya parang original talaga pero ang galing ng pagkagawa.Bawat character ay hindi lamang mga basta may abilidad kundi ang buong serye ay nakatutok sa bawat character sa seryeng ito. Ang seryeng ito ay di lang nakatutok sa kung anong klase ang kapangyarihan or gaano kalakas ito.Kundi, ito'y nakatutok sa indibidual nilang buhay.Ang buhay ng pagiging iba sa nakararami,buhay na puno ng katanungan.Ito ang isa sa mga elemento kung bakit pumatok sa panlasa ko ang seryeng ito at maging sa ibang manonood.

Ang seryeng ito ay kinatatampukan ng mga kahangahangang mga karakter. Isa na dito ay si Mohinder Suresh anak ng isang propesor na sumulat ng isang libro hinggil sa pagiging iba ang mga tauhan sa serye.Si Mohinder ang tumapos ng sinimulan ng kanyang ama.
Ang kanyang ama ay pinatay ni Sylar.Si Sylar and lumalabas na pangunahing kaaway(enemy) or antagonista sa serye pero umiiba ang takbo ng serye sa pagdaloy nito.Si Sylar ay isang taong may kakaibang abilidad pero sa una sya ay isang simpleng taga pag ayos lamang ng mga relo.Hanggang sa nakilala sya ng ama ni Mohinder na syang nagpaintindi sa kanya hinggil sa kung anong meron sya.Pero pinatay sya ni Sylar dahil nawalan sya ng tiwala ky Sylar - binalewala nya si Sylar dahil hindi pa nya alam kung anong pwedeng gawin ni Sylar.Doon naman natuklasan ni Sylar kung ano ang kaya nyang gawin.
Kinatatampukan din ito ng isang Hapon na ang pangalan ay Hiro Nakamura.Kaya nyang dumaan o pumanta sa krak ng space and time.Galing diba.Ang ibang karakter ay kinatatampukan nina Isaac Mendezna may angking kagilagilalas na abildad - ito ay ang pagpinta ng kung anong manyayari sa hinaharap.Si Claire Bennet ang isang ang mag aaral sa hayskul na may natatanging abilidad ang mabilisang paggaling sa ano mang sugat sa kanyang katawan o ang mabilisang pag regenarate ng kanyang mga tisyu(Tissue).Nandito din ang magkapatid na Nathan at Peter Petrilli, ang magkapatid na ito ay may magka ibang kapangyarihan si Nathan ay kayang lumipad pero pilit nya itong itinatago pero natuklasan din ito ng kanyang kapatid. Si Peter naman ay lubhang kagilagilalas kaya nyang maakin ang kung ano mang abilidad meron ang isnag tao pag itoy nakalapit sa kanya.At abg isang inang litong-lito si Niki Sanders sya ay may ibang katauhan sa loob nya na angking kakaibang lakas ang istorya nya at ng kanyang pamilya ay isa sa mga interesanteng istorya ng bawat karakter na napapaloob sa seryeng ito.

Ang seryeng ito ay ipinapalabas sa NBC isang istasyon sa Estados Unidos.Patuloy ang pag ere ng seryeng ito kaya inirerekomenda ko ang panonood nito.

Sa kasalukuyan ginagagawa na ang pangatlong bolyum ng seryeng ito.Abangan nyo:)

Lemuria: The Lost Civilization

2007-08-30T07:03:00.000-07:00

The ancient land of Lemuria has been lost to our modern histories but the memory of its Golden Age lives on in our Dreaming. There is no conclusive scientific or archaeological evidence to prove its prior existence; yet, for thousands of years the Polynesian storytellers have passed on the legend of Mu about a continent in the Pacific Ocean that was the motherland of humanity and the Lemurians.
Although Dr. Javier Cabrera found Pre-Inca stone tablets in Peru with detailed maps of the lost continents of Atlantis and Lemuria, and, three decades ago researchers in Hawaii decided that there were Lemurian ruins between Maui and Oahu, the lost continent of Lemuria is still considered by many to be more of a myth than a reality.
The American medium Edgar Cayce, who became famous for his psychic readings, reported that Lemuria disappeared before Atlantis was destroyed. Occultists thought that the continent of Mu spanned much of the southern hemisphere and only fragments (Australia, Easter Island, Fiji Islands, Hawaii, Madagascar, etc.) of it now remained.
Lemuria was thought to be the homeland of a telepathic race of people with fully developed psychic abilities whose surviving populace migrated to Atlantean enclaves when the continent sank. After reading the Akashic Records, Rudolf Steiner stated that Lemuria included sections of Africa and southern Asia and had stretched from Ceylon to Madagascar.
In the oral traditions of the Eskimos, Mayans, and Native Americas, the sacred record keepers tell stories about how they were descendants of the people we now call Lemurians. One interpretation of a section of "The Mayan Troano Codex" detailed the destruction of Lemurian Mu.
During the past century, most writers placed Lemuria, a nature orientated, village culture of healers, holy people, seers, shamans, and oracles, in the Pacific Ocean. Lots of channelers and psychics told people about the past lives they had lived there.
Some even suggested that the people who populated Lemuria were originally from another planet. The most influential of the theories about the lost continent were those of James Churchward, Madame Blavatsky, and the nineteenth and twentieth century scientists.
There were several theories about the Lost Lemurian Continent including the: Asteroid Strike Theory, Garden of Eden Theory, Glacial Meltdown Theory, Madame Blavatsky's Secret Doctrine theory, and the Nineteenth Century Zoological Theory.
The Asteroid Strike Theory was one theory that offered a possible explanation that resonated fairly well with the truth about the destruction of the large continent of Lemuria "Mu" located in the Pacific Ocean, as recorded in the Cosmic Archives are those put forth in Hindu stories about the fiery destruction of the "Pure Land".
The paradisiacal garden continent of Lemuria was according to legends the real birthplace of humanity and the cradle of civilization. The Polynesians told of the destruction of their beautiful and wondrous home by a devastating volcanic eruption or cataclysmic destruction...
Recent genetic studies have indicated that sometime in the past there was an monumental, environmental catastrophe that greatly reduced the population and available gene pool, which produced a population bottleneck that significantly curtailed genetic variability.
This lends some scientific credence to the fact that some calamitous occurrence affected the planetary populace sometime in the past. This theory has been bolstered by the fact that gigantic tidal waves swept over the oceans when the Sumatran Mount Toba erupted 71,000 years ago.
It has also been speculated that asteroids that either passed dangerously close to the Earth or actually impacted the planet might have been the cause of intense vulcanity, as well as, glacial meltdown, and the rise of the sea levels.
The Nineteenth Century Zoological Theory was purported in an effort to explain the widespread distribution patterns of the lemur, a small primate which can be found in Africa, India, Madagascar, and the Malay Archipelago.
Nineteenth century zoologists and other scientists conjectured that the lemurs might have come from a large Indian Ocean island that existed millions of years ago somewhere between India and Madagascar that acted as a landbridge for them. Philip Sclater, a geologist, decided to call this landbridge, Lemuria, since it was the ancient home of the lemurs.
Another theory about Lemuria was Madame Blavatsky's Secret Doctrine Theory. The founded of Theosophy, Madame Blavatsky, asserted in her book, The Secret Doctrine, that an Atlantean book shown to her by the Mahatmas called The Book of Dzyan placed Lemuria in the Indian Ocean about 150 million years in the past.
Madame Blavatsky did note, however, that Philip Schlater had come up with the name Lemuria. Madame Blavatsky also spent time in India where there are Indian Sanskrit legends about a sunken continent called Rutas. Madame Blavatsky depicted the Lemurians as a bisexual, egg laying race with a third eye that gave them psychic powers and dubbed them the third root race. When Lemuria sank, they migrated to Atlantis were they evolved into the fourth root race.
The Garden of Eden theory was put forth by James Churchward. When he was in India, James Churchward learned an ancient language called Naacal at a Tibetan monastery at Brahmaputra. He used his knowledge of Naacal to decipher the writings on ancient stone tablets hidden in the temple there which told the story of Mu.
According to the tablets, a refined race of humans lived on a beautiful tropical continent that was around 3,000 miles wide and 5,000 miles long. Their civilization, which was in many ways superior to modern day life, evolved to the point where their populace included around sixty four million healthy, telepathic people who used astral projection and teleportation as a means of travell and lived together in peaceful harmony.
Most of these people were killed during a cataclysmic eruption which left only some of the mountain peaks of the Lemurian continent remaining above water. The survivors of this catastrophic event became the progenitors of the the present planetary races...
The Glacial Meltdown Theory purports that glacial meltdown was the caused rising sea levels. Geologists and oceanographers have demonstrated that global rising of sea levels by around 100-150 meters due to glacial melting was one of the probable explanations for the sinking of Lemuria.
Seabed maps of the Pacific show sunken plateaus bordered by Fiji, Samoa, and the New Hebrides; as well as, the Caroline, Christmas, Easter, Galapagos, Gilbert, Marshall, Marquesas, New Caledonia, Pitcairn, and Solomon Islands. Scattered ruins have been found in some of these areas.
Remnants of the ancient Lemurian Civilization include large stone heads on Easter Island, and, shortened step pyramids on Bora Bora, Kiribati, Tahiti, Yap, and other Pacific islands. There were also sunken tracts of coastline which once linked together China, Japan, Korea and Taiwan.
Legends tell of two lost civilizations "Mu" or "Lemuria", and "Atlantis". Located in the Pacific Ocean, Lemuria was a large continent that was purported by some to be a paradisiacal garden that was the real birthplace of humanity and the cradle of civilization. Hindu stories about the fiery destruction of the "Pure Land", mirror those of the Polynesians which spoke of the destruction of their beautiful and wondrous home by a devastating volcanic eruption.
The Lemurians who founded the "Pure Land" and "Paradisiacal Garden" on the continent of Lemuria were Star Teachers who are known today as Pleiadian Shamans.
The cataclysmic destruction of a race of Lemurian progenitors was lent further credence by recent genetic studies which indicated that sometime in the past there was an environmental catastrophe that greatly reduced the population and available gene pool, which produced a population bottleneck that significantly curtailed genetic variability.
When the Sumatran, Mount Toba erupted 71,000 years ago, gigantic tidal waves swept over the oceans. It has also been speculated that asteroids that either passed dangerously close to the Earth or actually impacted the planet might have been the cause of the intense vulcanity, glacial meltdown, and the rise of the sea levels.
There are differing viewpoints about locations, timelines, what the people looked like, how they lived their lives, and what their spiritual beliefs were. Some say that Lemuria was located near India, while, most place it in the Pacific Ocean.
Some say that the Lemurians predated the Atlanteans, while, others think they existed at around the same time or that their timelines overlapped during critical timeframes. Some say that the Lemurians were artistically and spiritually inclined, while, the Atlanteans were rational scientists who caused the destruction of both civilizations with their scientific experiments...
The general consensus, however, is that the Lemurians were a race of peaceful and environmentally conscious, Shamanic vegetarians who focused their time and energies on spiritual growth and the development of their psychic abilities. Since they were able to communicate telepathically and to travell both by astral projection and teleportation, the Lemurians had little need for the scientific technologies of the Atlanteans.
They did, however, discover how to use the spiritual technologies of crystal, solar, and sonic energetics for healing. The Lemurians also used their dreaming, imaginative, interspecies communication, meditative, and storytelling faculties to cultivate inner realization and enhance their intuitive willpower.
The Lemurians were Sacred Mound Builders. The Lemurians were Shamans who migrated to the Pleiades and became known as the Pleiadians after the destruction of Lemuria. They were also Celtic Sacred Mound Builder lineage benefactor teachers and mentors. The remnants of many Sacred Mounds remain scattered across global landscape today.
Where ever Lemuria might be situated today that is for us to discover.

"Melody of the Sea"

2007-08-27T06:27:00.000-07:00

In the late 1960s, whale biologist Roger Payne and several colleagues did something a little unusual, and it paid off with spectacular results. The researchers dumped a microphone into the sea, hoping to listen in on the underwater conversations that Payne believed whales were having. But "some people weren't sure we were going to hear anything -- they said it was just a waste of time," Payne recalled to a journalist at the time.

It worked better than anyone had imagined, however, capturing a remarkable array of creaks, groans, and moans produced by humpback and other whales. Recordings of the whale songs were soon selling out at music stores, and people around the world were debating the meaning of the haunting melodies. The discovery earned the humpback a new nickname: "Songster of the Sea." Today, scientists know more than ever about the song of the humpback. They know, for instance, that while both male and female humpbacks can produce sounds, only the males appear to produce organized songs with distinct themes and melodies, almost always on breeding grounds. As NATURE's HUMPBACK WHALES shows, the males often sing while suspended deep below the surface, their long front flippers jutting rigidly from their sides. The songs can last up to 20 minutes, and can be heard more than 20 miles away. The male may repeat the same song dozens of times over several hours, and whales in the same geographic area sing in very similar "dialects." Song patterns can change gradually over time, so that new songs emerge every few years.

Researchers still aren't sure exactly how the whales produce the sounds. Whales don't have vocal cords, so they probably sing by circulating air through the tubes and chambers of their respiratory system. But no air escapes during the concerts -- and their mouths don't move.
Humpback whales are underwater crooners.
Scientists are also unsure about what the songs mean. Originally, observers believed they were a mating call, used to advertise the male's availability to passing females. This idea was reinforced when divers observed other whales approaching the singers. More recently, however, some researchers have come to believe that the singing humpbacks are actually issuing threats, not singing love songs. In part, that idea arose because scientists discovered that many of the whales approaching singers were other males, and the meeting would often end in a tussle. "It looks like the singing whale is telling the other males who is the boss," says Gary Lyder, a whale biologist and whale watching guide. Another recent theory is that the singing whales are simply finding out who is in the neighborhood, using the songs as a form of sonar for tracking nearby whales. But many scientists are skeptical of the idea, in part because the whales only seem to sing on breeding grounds. Researchers may never be able to know for certain what the songs mean. But they continue to pore over recordings and replay the whale's greatest hits. And in the meantime, the virtuoso whale singers continue to hit their high notes, serenading an unseen audience deep in the blue-black sea, returning again and again to the stage for haunting encores..

Happy Valentines To The World

2007-02-14T02:27:00.000-08:00

To All People In the World,

HAPPY VALENTINES !!!!!

Just for Laugh..

2007-02-14T02:16:00.000-08:00

Parliamentary Privileges:Privilege from Arrest and Privilege of Speech and Debate

2007-01-26T03:37:00.000-08:00

A Final Paper
On
Political Science 112
(Philippine Legislative System)

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

By:
Rodolf S. Viñas
AB Political Science

Introduction

Legislative department as provided for in the constitution particularly Article VI Section 1 stated that “ the legislative power shall be vested in the Congress of the Philippines which shall consist of a senate and House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum”. Legislative power which some authors like in the person of Locke considers supreme in the government. It could be true for under the 1987 Constitution legislative power is essentially the authority under the constitution to make laws and subsequently, when need arise, to alter and repeal them. It is also the task of the legislature to prescribe general rules for the government of society, and it may involve policy making functions, as defined and binding rule of conduct through the enactment of law.
Power of Congress can be classified into four (4). First (1) is general legislative power, as a primary function of congress to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the state. Congress can enact any law as long as it is not contrary to the constitution. Unless, otherwise, decreed by a competent court, a law is presumed constitutional. Second (2) is specific powers, they are powers which the constitution expressly directs or authorizes Congress to exercise like the power to choose who shall become the President in case two or more candidates have an equal and highest number of votes (Article VII Sec.4, par. 4), to confirm certain appointments by the President, to promote social justice (Article XIII Section 1), to declare the existence of war (Article VI Section 23), to impose taxes (Article Vi Section 28), to appropriate money ( Article VI Section 29) , to impeach ( Article XI Section 2 ), to act as a constituent assembly (Article XVII, Section 1). Third (3) implied powers, they are those essential or necessary to the effective exercise 0of the power expressly granted, like the power to conduct inquiry and investigation in aid of legislation (Article VI, Section 21), to punish for contempt , to determine rules of its proceedings (Article VI Section 16). The fourth (4) and the last is inherent powers, they are the powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty. In other words, they are always deemed conferred by the people even if not expressly granted in the constitution. These powers which are legislative in nature are the power of taxation, power of eminent domain and police power (de Leon 2002).
Philippine legislature which is also known as the Philippine Congress, who exercises the above powers, is a two- chamber Congress. The 1987 Philippine Constitution opted for the establishment of a bicameral legislature which replaces the unicameral set- up provided in the 1973 Constitution. One of which is the senate or the Upper House and the other half of the chamber is the House of Representatives of the Lower House. Basically, Senate (Upper House) is composed of 24 Senators which are elected nationwide (Article VI, Section 2) while the House of Representatives (Lower House) comprises members not exceeding to 234 members known as “Congressmen/women”. Majority of them are elected from various legislative districts which are apportioned among the various places of the country, this is to guarantee representation for each given locals. Furthermore, the 1987 Constitution also provides for party- list representatives (Article VI Section 5). In this connection, if we have a total of 234 members of Congress, 44 of that is from party- list groups. Muñoz (1999) stated the rationale behind party- list representation is to afford the marginalized members and/ or weak members of the society to have representation of their interest in the Congress. It is not likely that a fisherman or even a mere teacher will win over a veteran politician who runs as a candidate for district representative, he added. Furthermore another reason is to afford non- traditional politicians the chance to rise as leaders and have an alternative kind of leadership in congress in contrast to the traditional politicians. According to de Leon (2002) it is the basic aim of representative government to attain the broadest possible representation of all interest in its law and policy- making body. So, it is necessary to give an opportunity to the various social, cultural, geographical and other sectors in our contemporary society to have their voices heard through a party- list representation.
The above members of congress enjoys legislative power vested upon by the constitution, however the exercise of these power is not absolute, since it is the people which their powers emanates , thus a legislature that attempts to do wrong may lose its power.
On the other hand, aside from powers and functions, Members of Philippine congress is also given with some “privileges “which is in a way essential for each Member of the House of Representatives and the Senate fro them to do their duties efficiently . These privileges are designed in order for a particular Member to do a better representation of his Constituents. Furthermore these privileges given to the Members of Congress may help them to the appropriate discharge of their legislative responsibilities and functions without having a second thought of penal responsibility whatsoever.
It is the duty of this paper to discuss such privileges as to how it makes discharge of legislative responsibilities more efficient and as to how these privileges frees our honorable Members of Congress do their duties without transgression of having civil or criminal liability.

Discussions

Article VI Section 11. “A member of the House of Representatives shall, in all offenses punishable by not more than six (6) years imprisonment, be privilege from arrest while Congress is in session. No Member shall be question nor be held liable in any other place for any speech or debate in the congress or in any committee thereof.”
A. Privilege from Arrest
It is understood that the words “while Congress is in session” shall refer to a situation where Congress has not yet adjourned, whether or not the Member of Congress is attending the session (Nolledo 1992). The purpose of this privilege is to ensure continuous representation of the constituents of the Member of the Congress that he may prevented from attending sessions, if he committed civil or criminal offenses punishable by not more than six (6) years imprisonment (Naguit 2003). However exception applies if:
1. The offense committed is punishable by more than six (6) years imprisonment, such as murder, rape or treason. Such serious offense does not justify immunity from arrest; and
2. Congress is no longer in session. Naguit (2003) refers the term “session” not to the day to day meetings of the legislature but the entire period from initial convening of Congress until its final adjournment.
In such cases the reasons of privilege does not obtain.
Nolledo (1997) in his book “The New Philippine Constitution Annotated” stated that the privileged from arrest above is therefore temporary. In this regard, Nolledo (1997) noted the following observations of the then Mr. Justice Enrique M. Fernando declaring inoperative that portion of the Article 145 of the revised penal code penalizing a public officer who shall, while Congress is in regular or special session, arrest or search any member thereof except in case he has committed a crime punishable by a penalty higher than prision mayor, in the light of the old Constitution are pertinent:
“There is likely to be no dissent from the proposition that a legislator or a delegate can perform his functions efficiently and well without the need for any transgression of criminal law. Should such an unfortunate event come to pass, he is to be treated like any other citizen considering that there is a strong public interest in seeing to it that crime should not go unpunished. To the fear that may be expressed that the prosecuting arm of the government might unjustly go after legislators belonging to the minority, it suffices to answer that precisely all the safeguards thrown around an accused by the constitution solicitous of the rights of an individual would constitute, an obstacle to such an attempt at abuse of power. The presumption of course is that the judiciary would remain independent. It is trite to say that each and ever manifestation of the judicial endeavor such a virtue, is of the essence” (Manuel Martinez y Festin vs. Hon. Jesus P. Morfe, L-34022 March 24, 1972 44 SCRA p.22).
In the light of reasoning in the Martinez case, however it is submitted that the experience of the immunity made by the 1973 and 1987 constitutions, cannot be further expanded by ordinary legislation. (Bernas 1988).
On the other hand, de Leon (2002) stated and agreed that it is true that the privileged may be abused. However, the harm which could come from its abuse is considered slight compared to that which might arise if the privilege were not given to Members of Congress.

B. Privilege of Speech and Debate

Section 15, Article VI, of the 1935 Constitution provided that “for any speech or debate” in Congress, the Senators and Members of the House of Representatives “shall not be questioned in any other place.” Osmeña vs. Pendatun explained the import of this provision thus:
“Our Constitution enshrines parliamentary immunity which is a fundamental privilege cherished in every legislative assembly of the democratic world. As old as the English Parliament, its purpose “is to enable and encourage a representative of the public to discharge his public trust with firmness and success” for “it is indispensably necessary that he should enjoy fullest liberty of speech, and that he should be protected from rse4ntment of everyone, however powerful, to whom the exercise of that may occasion offense. Such immunity has come to this country from practices of Parliament as construed and applied by the Congress of the United States. Its extent and application remain no longer in doubt in so far as related to the question before us. It guarantees the legislator complete freedom of expression without fear of being made responsible in criminal actions before the courts or any other forum outside of the Congressional Hall. But it does not protect him from responsibility before the legislative body itself whenever his words and conduct are considered by the latter disorderly and unbecoming member thereof.”
The 1935 provision was a copy of the speech and debate clause of Article I, Section 6, of the United Sates Constitution. The 1987 text, as also the 1973 text is a slight modification of the traditional phraseology but it has preserved the traditional limit and scope of the immunity. In the first place, it is guarantee of immunity from answerability before an outside forum but not from answerability to the disciplinary authority of Congress itself. In the second place, to come under the guarantee the “speech or debate “must be one made “in the Congress or in any committee thereof”. This requirement however does not refer merely to the locale of the “speech or debate” but more importantly also to its nature. Two American cases shed further light on the nature of the legislative acts protected by the speech and debate clause. Gravel v. U.S emphasized that although the speech and debate clause has been extended beyond pure speech and debate, the essential requirement for its applicability has always been that action involved must be legislative action. Legislative action refers to the “deliberative and communicative process” by which members participate in committee and House proceedings in the consideration of proposed legislation or other matters that the constitution places within the jurisdiction of the legislature. In the light of this the Supreme Court found that Senator Mike Gravel’s alleged arrangement for private publication of the Pentagon Papers was not an integral part of the deliberative and communicative process of legislative activity protected by the speech and debate clause. The vote however was 5 to 4.
In Brewster v. U.S the Supreme Court held that a United States Senator was not protected by the speech and debate clause for soliticitation and acceptance of a bribe in return for his vote on a legislative question. Again the decision revolved around the nature of a legislative act. A legislative act has consistently been defined as an act generally done in Congress in relation to the businesss before it. In sum the Speech and Debate clause prohibits inquiry only into those things generally said or done in the House in the performance of official duties and the motivation of those acts”. A prosecution for taking a bribe does not require in such inquiry. Distinguishing the case from U.S v. Johnson, the Chief Justice said that the Johnson case involved questioning about the speech, who wrote it, and its factual basis. When however an action is merely related to legislative responsibilities, it is not covered by the clause. The purpose of the clause is merely to protect the integrity of the legislative process. But again the vote was divided 6 to 3. (Bernas 1988)
On the other hand Nolledo (1997) interpreted this privilege as utterances or statements in any speech or debate in the assembly or in any committee thereof are privileged, the purpose being not to protect the Members against prosecutions for their own benefit but to support the rights of the people, by enabling their representatives to execute functions to their office without fear of prosecutions, civil or criminal. But when a representative is not acting as a Member of the Legislature, he is not entitled to any privilege above his fellow citizen; nor are the rights of the people affected if he is placed on the same ground on which his constituents stand.(Ibid). The Supreme court in Jimenez vs. Cabangbang (L- 15905, August 3,1966) held that he phrase “speech or debate” in the assembly refers to utterances made by an Assemblymen in the performance of their official functions, such as speeches delivered, statements made or votes cast in the halls of the Assembly, while the same is in session, as well as bills introduced in the Assembly whether the same is in session or not, and other acts performed by the assembly either in the Assembly or outside the premises housing its offices, in the official discharge of their duties as Members of the Assembly and of legislative committees duly authorized to perform its function as such, at the time of the performance of the acts in question.
In the case of Gaudencio Aquino vs. Brigido Valencia (L-26526, May 27, 1974; 57 SCRA, p.70) the Supreme Court speaking through Mr. Justice Claudio Teehankee said:
“The trial court likewise properly rejected defendant- appellants’ claim of defensive libel thus: ‘Stress had also been laid by the defendant on the argument that he had been libeled by the plaintiff and accordingly the former was justified to hitback with another libel. The emphasis laid been misplaced and based upon a wrong premise. The defendant was charge with the commission of certain anomalous transactions in his capacity as Secretary of Public Works and Communications and the same were filed with the Investigation Committee (Blue Ribbon) of the Senate of the Philippines and the Commission on Appointments. Accordingly, the said charges even assuming that they contain defamatory imputation, would not be libelous because the letter was sent by the plaintiff was a “privileged communication”.
“As to the defendants counterclaim, the court finds that the record amply supports the trial courts finding that there was no evidence, direct or circumstantial, to hold the plaintiff liable for the publication in the Metropolititan Press of his charges against defendant with the Blue Ribbon Committee and the Commission on Appointments – which were at any rate qualifiedly privileged”

C. Rationale of the Privileges
The plain reason of the immunity provided by the rules of the House is to protect the freedom of action of its members and to relieve them from the fear of disciplenary action taken upon thought, as a result of political convenience, vindictiveness, or pressures. It is unrealistic to overlook, that without the immunity so provided, no Member of Congress can remain free from the hunting fear that his most innocuous expression may at any time afterwards placed him in jeopardy of punishment whenever a majority, however transient, should feel the shifting sands of political expediency so demand.
A rule designed to assured Members of the Congress may freely act as their conscience as sense of duty should dictate complements the parliamentary immunity from outside pressure enshrined in our Constitution; and is certainly deserving of liberal interpretation and application. (Dissenting Opinion of Mr. Justice J.B.L. Reyes in Osmeña vs. Pendatun, supra).
Parliamentary immunity from arrest and speech and debate, does not protect a legislator from censure or discipline from assembly. Such immunity has come to this country from the practices of parliament as construed and applied by the Congress of the United States. Its extent and application remain no l9onger in doubt in so far as related to the question before us. It guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other form outside of the Congressional Hall. But it does not protect him from responsibility before the legislative body itself whenever his words and conduct are considered by the latter disorderly or unbecoming a member thereof. In the United States Congress, Congressman Fernando Wood of New York was censured for using the following language on the floor of the House. “A monstrosity, a measure the most infamous of the many infamous acts of the infamous Congress”. (Hinds’ Precedents, Vol.2, pp.798-799). Two other Congressmen were censured for employing insulting words during debate (2 Hinds’ Precedents, 799-801). In one case a member of Congress was summoned to testify on a statement made by him in debate, but invoked his Parliamentary Privilege. The Committee rejected his plea (3 Hinds’ Precedents, pp.123-124). For unparliamentary conduct, Members of Parliament or Congress have been, or could be censured, committed to prison, suspended, even expelled by the votes of their colleagues.

Summary/ Conclusion/ Recommendation
Summary
This paper tries to explain the “privileges” that our Members of Congress enjoys. This privilege is guaranteed by the 1987 Philippine Constitution on Article VI Section 11. These privileges are categorized into two (2). First is the “privilege from arrest” and the other one is “privilege of speech and debate”.
Privilege from arrest is enjoyed by the Members of Congress while the Congress is in session, whether or not a particular member is attending the session. Congress is considered in session, regular or special for as long as it has not adjourned. In addition, the term session refers not to the day- to – day meetings of the legislature but the entire period from initial convening of Congress until its final adjournment.
The purpose of the privilege is to ensure continuous representation of the constituents of the Member of Congress, that he may not be presented from attending sessions if they committed civil or criminal offenses punishable by not more than six (6) years imprisonment; however exceptions applies if:
1. The offense committed is punishable by more than six (6) years imprisonment such as murder or rape. Such serious offense does not justify the immunity from arrest, and;
2. Congress is no longer in session or it has its final adjournment already.
So, having the above circumstances the privilege cannot be obtained.
It is said that it is true as stated by de Leon (2002) that this privilege may be abused. However, the harm which would come from its abuse is considered slight compared to that which might arise if the privilege was not given to the Members of Congress. It is also believe that a legislator or delegate can perform his functions efficiently and well without the need for any transgression of the criminal law.
The other privilege which is “privilege of speech and debate” was designed to enable a Member of Congress to express any views on matters of public interest during his discharge of legislative duties and be free from being questioned in any other place for liability, for example a libel suit. The reason for this is to encourage full discussion of public matters that may aid in legislative functions.
The rule however, states that a member of Congress cannot be question “in any other place” which means that he may be called to explain by his peers or colleagues for his words and if warranted punished accordingly for disorderly behavior. One example of case where this privilege was claim was in the case of Gaudencio Aquino vs. Brigido Valencia (57 SCRA,p.70) where the defendant was charge with the Commission of certain anomalous transactions, thus the defendant charge the plaintiff with libel but it was rejected by the trial court through Mr. Justice Claudio Teehankee for the letter sent by the plaintiff was a “privilege communication” assuming it contains defamatory imputation. In addition a Member cannot claim these where the particular Member is not acting as a Member of Congress for he is not entitled to any privileges above his fellow citizen.

B. Conclusion
Philippine Congress as a whole has a broad range of power. However the exercise of these powers are coupled with various limitation such as they cannot pass irrepealable laws, they cannot hold any office or employment in the government etc. Despite these limitations Article VI section 11 of the Charter has given Members of Congress certain “Parliamentary Privileges”. These are privilege from arrest where a Member of the both Houses is free from arrest with the commission of crime punishable by not more than six years imprisonment; and privilege of speech and debate where in an Assembly or in any other committee speeches, or statements uttered by Members of Congress are privilege and frees them from prosecutions civil or criminal.
It must be noted that these privileges that are vested upon the Members of Congress is not for the benefit of a certain Member/s but for the benefit of the constituents. By having such immunities our legislators can perform their functions appropriately and efficiently without having fear of prosecutions. Thus, the people can rest assured of a better representation having these “Parliamentary Immunity” given to Members of the Philippine Congress.

C. Recommendation
With the above discussions regarding Parliamentary or Congressional Privileges the researcher had come up with the following recommendations:
1. It is recommended that the privilege from arrest should be modified. In our present rule a Member can claim these privilege if he has committed a crime punishable by not more than six (6) years; it should be added that when a Member of Congress commits a crime punishable by more than six (6) years and above, aside from heinous crimes, he must be privilege by analyzing the circumstances prior to the commission of the crime if such circumstances is done in aid of legislation.
2. Legislator given with this personal privilege must see the grounds and premises of such for these privileges are not absolute.

Bibliography
Bernas, Joaquin G. S.J “The Constitution of the Republic of the Philippines A Commentary” c. 1988
De Leon, Hector S. “Textbook on the Philippine Constitution”, Rex Printing Company, Inc. 2002
Naguit, Reynaldo S. “ The 1897 Philippine Constitution”.c 2003
Nolledo, Jose N. “The New Constitution of the Philippines Annotated”, Phil. Graphic Arts, Inc., Phil.1997
Santiago, Miriam D. “Philippine Constitution Annotated” c. 1999