The Star Beyond the Core

Correcting Entries in Birth Certificate

2014-09-28T23:19:00.002-07:00

Hi, all loyal readers of my blog! Wishing you all a blessed and wonderful day! It has been a while since my last post here coz I was so busy the past few days. I'm pretty sure you can relate to this topic I wanna share with you regarding NEW LAWS that deal with the correction of entries in the Birth Certificate.

According to Article 412 of the New Civil Code, no entry in a civil register shall be changed or corrected, without a judicial order. Thus, a person desiring to amend any wrong entry in his/her certificate of live birth needs to go to court. However, this was the rule before the enactment of Republic Act (R.A.) No. 9048 or more popularly known as the Clerical Error Law in 2001. Under this law, no entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general (Section 1, RA No. 9048).

Clerical or typographical errors is defined by the said law as follows:

“Section 2. Definition of Terms – As used in this Act, the following terms shall mean:

xxx

(3) “Clerical or typographical error” refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner.

xxx”

Consequently, errors in the civil register pertaining to the nationality, age, status or sex of a person may be corrected only by filing a petition in court. However, to address the dilemma of some of our fellowmen pertaining to issues other than clerical or typographical errors and change of first name or nickname, R.A. No. 10172 was enacted amending some provisions of R.A. No. 9048 by giving authority to the city or municipal civil registrar or consul general to correct errors in the entry of sex and day and month of birth of a person in the civil register.

With the advent of these new laws pertinent to the correction of entries in the birth certificate, many of our fellow countrymen would be eased of the burden of going to the court just to correct errors in the entries of our one of the most important documents in life – the Birth Certificate.

I am hoping that you may find useful information in this post, and continuously visit my blog every now and then. Happy reading, sharing and learning!

“A change is brought about because ordinary people do extraordinary things.”

Independence Day

2013-06-14T00:58:00.001-07:00

It has been one hundred fifteen (115) years ago since we have savored the sweet trumpets of victory we fought for more than three hundred years of Spanish colonization. As I turned the dog-eared pages of my history book, I realized that it is not only the triumph, sweat and blood of our heroes that we celebrate but also the relevance of their sacrifices in this modern day age of technological revolution.

In this fast real time age of information superhighway, we cannot deny that we are living in a drastically changing interconnected environment where everyone is free to speak their minds and share responsibly in their own little ways on what one can do for his or her country. Truly, who would have thought that we have now Tablets that are not taken orally and Apple that is as enticing and juicy as one of our favorite fruits, which we held in our hands as our platform of communication and connection to the world at the tip of our finger prints? As youth living in this Gen-Y, we no longer need to tear our cedulas and time warp in the 1896 Cry of Pugadlawin lead by Andres Bonifacio, intermittent revolts across the nation of Diego Silang and other cohorts, or imitate the commemorative death of our national hero Jose Rizal at Bagumbayan… Our long lists of national heroes have already done their part. They have successfully pushed for our sovereignty and freedom as a nation to the whole world and we are grateful for this wondrous gift. Indeed, our annual celebration of Independence Day consistently poses a challenge to all of us on what can we do as an individual citizen to continuously ignite the glowing and burning flame of heroism to our fellow citizen, our country and the world.

In essence, for me, independence is no longer freedom from our colonizers –whether it be Spaniards, Americans, or Japanese but it pertains to freedom from hunger, poverty, economic colonialism, threat and security to our sovereignty and integrity as a nation. It is our bounden duty to pursue our collective effort to unleash the country from the shackles of vicious cycle of poverty and other social issues affecting the people. It is not only the sole effort of the government but it also requires the working hands of various non-government organizations (NGOs), people’s organizations, civil societies and the people from the grassroots level. The modern day technology through various social media such as Facebook, Twitter, Instagram, Youtube, and other social media networking sites will be our vehicle in transforming the lethargic spirit of the community into a more vigilant, conscious-driven, responsive and vibrant society. The historic revolution staged by our forefathers and heroes in the struggle for freedom and democracy would not have been protracted if they have experienced early on the fruits of development we are enjoying right now… However, there is nothing to be regret about it because it is only through their own way that we have known the priceless sacrifice and burning hearts and desire of Filipinos to be free.

In this modern age of technological revolution, we are lucky we have been witnessed to the most coveted prize our heroes have fought for centuries--- peace. Our quest for freedom from hunger, poverty, economic colonialism, threat and security to our sovereignty and integrity as a nation do not end with our celebration of the annual celebration of Independence Day but still continues as we undertake the journey towards the path of economic growth and development.

“A change is brought about because ordinary people do extraordinary things.”

DOTC-DTI Joint Administrative Order No. 1, s. 2012 [Bill of Rights for Air Passengers and Carrier Obligations]

2013-05-05T05:21:00.001-07:00

It’s summer once again and everyone is having the time of their lives enjoying this opportunity to travel here, there, and everywhere! This summer, I’m pretty sure many of you will fly to venture to the crystal clear blue waters of Boracay, Phuket Thailand, pristine waters of Sri Lanka and even the Caribbean islands not to mention the US or European tour in order to see the beautiful places of the western side of the world, both monumental, religious and historic ones, reflecting the cultural, political, and social milieu of the amazing scenery with the thought of expecting to shed even for a little while the cobwebs of stress, the hustle and bustle of the city.

I have here some relevant provisions of the DOTC-DTI Joint Administrative Order No. 1, s. 2012 dated December 10, 2012 entitled “Providing for a Bill of Rights for Air Passengers and Carrier Obligations” which I think may be useful in asserting your rights as a passenger and enforcing the obligations arising therefrom whenever you travel by air. Happy reading!!!

RIGHT TO BE PROVIDED WITH ACCURATE INFORMATION BEFORE PURCHASE

1. Right to Full, Fair, and Clear Disclosure of the Service Offered and All the Terms and Conditions of the Contract of Carriage. Every passenger shall, before purchasing any ticket for a contract of carriage by the air carrier or its agents, be entitled to the full, fair, and clear disclosure of all the terms and conditions of the contract of carriage about to be purchased.

a. An air carrier shall cause the disclosure under this Section to be printed on or attached to the passenger ticket and/or boarding pass, or the incorporation of such terms and conditions of carriage by reference.

b. Passengers receive an explanation of key terms identified on the ticket from any location where the carrier’s tickets are sold, including travel agencies.

c. Aside from the printing and/or publication of the above disclosures, the same shall likewise be verbally explained to the passenger by the air carrier and/or its agent/s in English and Filipino, or in a language that is easily understood by the purchaser, placing emphasis on the limitations and/or restrictions attached to the ticket.

d. The key terms of a contract of carriage if done in print, must be in bold letters,

2. Right to Clear and Non-Misleading Advertisements of, and Important Reminders Regarding Fares.

Advertisements of fares shall be clear and not misleading.

a. Major restrictions, such as those on rebookability or refundability, shall be disclosed in full and in such a way that the passenger may fully understand the consequences of purchasing such tickets and the effect of non-use thereof.

b. Every air carrier causing the publication of fare advertisements in any medium, shall likewise disclose the Conditions and restrictions attached to the fare type, Refund and rebooking policies, if any;, Baggage allowance policies;, Government taxes and fuel surcharges, Other mandatory fees and charges, Contact details of the carrier (i.e. phone number, website, e-mail, etc, Other information necessary to apprise the passenger of the conditions and the full/total price of the ticket purchased.

In case of promotional fares, the additional information shall be included: Number of seats offered on a per sector basis; The duration of the promo; and The CAB Approval No. of Fares.

c. Right Against Misleading and Fraudulent Sales Promotion Practices. All sales promotion campaigns and activities of air carriers shall be carried out with honesty, transparency and fairness, and in accordance with the requirements of the Consumer Act of the Philippines, and its Implementing Rules and Regulations.

RIGHT TO RECEIVE THE FULL VALUE OF THE SERVICE PURCHASED

1. Right to Transportation and Baggage Conveyance. Every passenger is entitled to transportation, baggage conveyance and ancillary services, in accordance with the terms and conditions of contract of carriage with the air carrier.

2. Right to be Processed for Check-In. a passenger holding a confirmed ticket, whether promotional or regular, with complete documentary requirements, and who has complied with the check-in procedures, shall be processed accordingly at the check-in counter within the check-in deadline.

3. Right to Sufficient Processing Time. Passengers shall be given enough time before the published ETD within which to go through the check-in and final security processes. air carriers operating in international airports and in other airports designated by the DOTC shall open their check-in counters in such airports at least two (2) hours before the ETD. In other airports, air carriers shall open their check-in counters at least one (1) hour before the ETD.

4. An air carrier shall designate at least one (1) check-in counter which will prioritize persons with disabilities (PWDs), senior citizens, and persons requiring special assistance or handling. If this is not practicable, the air carrier shall instead provide for priority handling and processing of such passengers.

Persons accompanying a PWD, a senior citizen, or a person requiring special assistance or handling should also be accommodated at the designated check-in counter mentioned in the preceding paragraph.

5. Right to Board Aircraft for the Purpose of Flight. No passenger may be denied boarding without his/her consent except for when there is legal or other valid cause, such as, but not limited to, immigration issues, safety and security, health concerns, non-appearance at the boarding gate at the appointed boarding time, or government requisition of space.

Government agencies and/or officials wanting to acquire aircraft space for official government purposes shall submit a written request justifying the requisition to the CAB, which shall then make the request to the air carrier concerned, detailing:

(a) The number, identities, and affiliation of the persons requesting for space;

(b) The date and time (if applicable) of the flight; and

Should government requisition result in passengers having to forego their confirmed space, the air carrier shall look for volunteers, who will be given air carrier compensation or amenities or services.

RIGHT TO COMPENSATION

1. Right to Compensation and Amenities in Case of Cancellation of Flight.

a. In case of flight cancellation attributable to the carrier, a passenger shall have the right to:

i. Be notified beforehand via public announcement, written/published notice and flight status update service (text);

ii. Be provided with sufficient refreshments or meals, hotel accommodation (conveniently accessible from the airport), transportation from the airport to the hotel, v.v. free phone calls, text or e-mails, and first aid, if necessary.

iii. Reimbursement of the value of the fare, including taxes and surcharges, of the sector cancelled, or both/all sectors, in case the passenger decides not to fly the ticket or all the routes/sectors;

iv. Be endorsed to another air carrier without paying any fare difference, at the option of the passenger and provided that space and other circumstances permit such re-accommodation.

v. Rebook the ticket, without additional charge, to the next flight with available space, or, within thirty (30) days, to a future trip within the period of validity of the ticket.

However, in case a carrier cancels a flight at least twenty-four (24) hours before the ETD, it shall not be liable for the foregoing amenities, except, it shall be obliged to notify the passenger, and, in accordance with the preceding provisions, to rebook or reimburse the passenger, at the option of the latter.

b. In case the air carrier cancels the flight because of force majeure, safety and/or security reasons, as certified by the Civil Aviation Authority of the Philippines, a passenger shall have the right to be reimbursed for the full value of the fare.

The above benefits are the minimum entitlement of a passenger in case of cancellation, and shall not prohibit the air carrier from granting more favourable conditions or recourses, as it may deem appropriate.

2. Right to Compensation for Delayed, Lost, and Damaged Baggage. A passenger shall have the right to have his/her baggage carried on the same flight that such passenger takes, subject to considerations of safety, security, or any other legal and valid cause.

a. In case a checked-in baggage has been off-loaded for operational, safety, or security reasons, the air carrier shall inform the passenger at the soonest practicable time and in such manner that the passenger will readily know of the off-loading (i.e. that his/her baggage has been off-loaded and the reason therefor). If the passenger’s baggage has been off-loaded, the air carrier should make the appropriate report and give the passenger a copy thereof, even if it had already announced that the baggage would be on the next flight.

b. The air carrier shall carry the off-loaded baggage in the next flight with available space, and deliver the same to the passenger either personally or at his/her residence. For every twenty-four (24) hours of delay in such delivery, the air carrier shall tender an amount of Two Thousand Pesos (Php2,000.00) to the passenger, as compensation for the inconvenience the latter experienced. A fraction of a day shall be considered as one day for purposes of calculating the compensation.

c. Should such baggage, be lost or suffer any damage attributable to the air carrier, the passenger shall be compensated in the following manner:

i. For international flights, the relevant convention shall apply.

ii. For domestic flights, upon proof, a maximum amount equivalent to half of the amount in the relevant convention (for international flights) in its Peso equivalent.

For compensation purposes, a passenger’s baggage is presumed to have been permanently and totally lost, if within a period of seven (7) days, counted from the time the passenger or consignee should have received the same, the baggage is not delivered to said passenger or consignee.

d. Right to Compensation In Case of Death or Bodily Injury of a Passenger.

i. For international flights, in case of death or bodily injury sustained by a passenger, the relevant Convention and inter-carrier agreement shall apply.

ii. However, for an international carriage performed under the 1966 Montreal Inter-Carrier Agreement, which includes a point in the United States of America as a point of origin, a point of destination or agreed stopping place, the limit of liability for each passenger for death, wounding or other bodily injury shall be the sum of Seventy-Five Thousand United States Dollars (US$75,000.00), inclusive of legal fees and costs. Provided, in the case of a claim brought in a state where a provision is made for a separate award for legal fees and costs, the limit shall be the sum of Fifty-Eight Thousand United States Dollars (US$58,000.00), exclusive of legal fees and costs.

iii. For domestic flights, the compensation shall be based on the stipulated amount in the relevant convention which governs international flights, the same to be given in Peso denominations.

e. Right to Immediate Payment of Compensation. The air carrier shall tender a check for the amount specified, or cash, or the document necessary to claim the compensation or benefits mentioned above.

There you have it my friends, so next time you embark on a journey you are already aware of your rights and the corresponding obligations of the air carriers. It is really exciting and enjoyable to fly safely to anywhere you want as long as you know the law that governs your respective rights and obligations of air carriers. Thus, it is essential that you have a copy of this joint administrative order of Department of Transportation and Communication and the Department of Trade and Industry (DTI) [Bill of Rights for Air Passengers and Carrier Obligations] wherever you go.

Have a safe happy travel!!

“A change is brought about because ordinary people do extraordinary things.”

Easter Message 2013

2013-03-31T03:59:00.000-07:00

O

nce there was a boy no more than ten years of age. Looking at his eyes, you can merely say that he is full of wisdom and aspiration. One day, he finds himself daydreaming and said, “When I grow up, I would like to be a President of the Republic of the Philippines so that I can be of help to the society. No men, women and children would cry in tears because of lack of food. No more wars and lasting peace would reign.” These are some of the words of the young and innocent boy. Years and days have gone by, this young boy grown up to a tall and young man. And like most reckless teenagers, he usually wastes his time going to movies, disco pubs, and doing useless things. He is always absent in class and these inexcusable absences made his parents, teacher, and classmates very much worried. Thus, his parents were advised to see the principal of the school regarding this problem. At home, he got a long lecture from his parents. However, the stubborn boy turned a deaf ear that made his parents especially his mother hurt so much. He thought of running away to some place where his mother and father would not reach him, some place where no one knew him. While this thought runs on his mind, a tall dark man wearing dark shades saw him and said, “Hey, Vincent, what are you doing here?” Vincent said, “Albert, it’s you, long time, no see. I have a big problem, you know.” Upon saying his problem, Albert invited Vincent to a narrow street down to a certain impoverished part of Tondo, Manila. Vincent noticed little children playing outside with their worn-out and untidy shirt. The neighboring houses seem like relocation sites of insects and the people are poor as a rat. Vincent felt pity for them. Tears rolled down on his cheeks, “No, this is not the kind of life I wanted. Mama and Papa are right. I have to study hard and do my best so that I will not be like these people. I want to have a brighter future and ambition to fulfill.” The next morning, Vincent headed home and there was only one thought in his mind --- to ask for forgiveness for what he has done.

This short story taught us the value of asking for forgiveness, admitting one’s mistake and discovering one’s mission in life. We trust that this Holy Week we have utilized our precious moments to make introspection about ourselves with the guidance of Lord Jesus Christ. It is heartwarming to greet this wonderful day of Easter! Let us welcome the day with renewed hopes, aspirations, dreams and ambitions in life. The resurrection and new birth of Jesus Christ symbolize the hope that He gives to mankind. Our reflection during the Holy Week gives us a broader perspective to bring us into the world and realize our lifelong mission, the fulfillment of which helps give meaning and essence to our life. We need, therefore, to live our life and carry out our bounden duty in a manner that would please God the Father. The challenge for us is to re-examine and allow ourselves to be guided accordingly as we combat the social ills that plagued our society – people wallowing in the quagmire of poverty, unemployment and underemployment, violence, injustice, and corruption. As we venture into the new era of technological revolution, the modern day Easter celebration conveys not only the spiritual but also the secular message that each of us can do his or her share in making this world a better place to live in. We, as a citizen of the world, have inevitably did mistakes and met challenges in the past but we can learn from it and use them as stepping stone towards building our future. Indeed, the true resurrection of our being as an individual and as a nation from the social, political environmental, economic and cultural milieu can be realized through God’s saving grace and holy guidance. Happy Easter everyone!!

“A change is brought about because ordinary people do extraordinary things.”

To be Rich

2013-03-05T00:05:00.000-08:00

If there was one person who has no faith in lottery comes into your mind, that’s me! I would not, as a rule, gamble my few cents for the lure of millions of pesos at stake. But when I see people flocking the lotto stands, the possibility of winning cocooned me. Yesterday, March 4, my mother and I strolled to SM Manila Mall enjoying my special leave in the office as we had to process the renewal of our passports before the Department of Foreign Affairs (DFA) that is stationed in the mall. After the prompt service rendered by the DFA officials, my mother and I decided to go on a window shopping (he..he..he..) My eyes glued then over the Bingo station in the mall. The possibility of winning the Bingo jackpot that day crossed my mind. What if I get lucky? What will I do with my money? Oh, what is the feeling of being rich? Of being a multi-millionaire or billionaire perhaps? Oopppsss….., let me wake up from my wildest dreams. I pretty knew that becoming an instant billionaire is ninety percent (90%) fiction and only one percent (1%) factual. Possibility of winning is just as thousand miles away from the farthest planet in the universe.

So what’s the use of dreaming? Getting rich in this era of scarcity seems like climbing on Mount Everest - the rocky and highest mountain in the world. It is a difficult thing to be accomplished, a difficult goal to be reached and I think an impossible wish to be granted. But I do not mean just a negative thing, betting on a lottery, as long as it does not become a habit, will not hurt.

So if I get lucky, what will I do with my money? I believe that money is like manure. If you spread it with less fortunate, it does a lot of good. And if you just pile it up in the corner, it will stinks like a heap of garbage. It is not always the root of all evil. Rather, it is the root of everything good. Take this, if you have the money, it is easier to be kind. You can have many mouths to be fed, roof houses for the homeless, medicine and health services for the needy, books for the unlettered, schools to be build, churches to be rehabilitated or renovated, and livelihood programs for the less fortunate, jobless, and downtrodden. Indeed, many can benefit if one has a golden and magnanimous heart to share one’s blessings in life.

I firmly believe that everything on earth has cause and effects and we do everything for a reason. Underlying with this principle are reasons which make the world go round in its path. We move because of money. And we always think that money should be everywhere. That it will keep the dying hopes to become alive and shattered dreams to be weaved again. It is worth to ponder this question: Why do I have to get a degree in college? Sure, for a job. And why am I craving for a job? To earn money. Ultimately, this story is as old as civilization.

Money is also an assurance what we will be in the future. How can I become a lawyer if I can’t pay my way to college, buy pile of books needed for the bar exam? How can I press my mind to concentrate studying if my stomach is growling and still thinking to sell candies or any stuff for the transportation expenses? This is poverty; however, I believe that poverty should not be a hindrance to attain your goal in life. We know great personages whose life stories draw from rags to riches. We should emulate them and be ready to journey the seven seas.

Still with having billions of bucks, I can acquire all the things I do not have. I can travel around the world and see the great sights I could never imagine. I can also ask the greatest mogul of fashion for fancy and dazzling clothes, the best perfume in town, paint the town red, and the latest hairstyle of the New York fashion models.

I can do many more things with having lots of money. It indeed gives us the assurance and security in life. With money, I can do all stuff like that – giving hope to the underprivileged, make difference to the society, and opportunity for the dreamers.

However, there’s one more thing I’ll never do with money – to misuse it for evil purpose. I won’t distort justice and liberty just because I have the means to do it. I won’t buy the love and respect of the people, instead, they have to love me for what I am, they have to love my strengths as well as my weaknesses, and they have to love what’s inside and outside of me. Lastly, they have to love me genuinely without hesitation and no doubt. I do not want to rule and be ruled with money. I’ll be contented to stay on average if becoming an instant billionaire would ruin my relation with God and the people around me. It is also noteworthy that money is not everything when one is in despair, it’s wholly important to call on God, our Savior and the Greatest Miracle.

“A change is brought about because ordinary people do extraordinary things.”

The Road Towards Agrarian Reform: RA 3844, 6389, 6657, and 9700 and the Unique Role of the Judiciary

2013-01-30T19:36:00.000-08:00

Agrarian reform has been a long standing quest of many peasant farmers and land tillers all over the world to free them from the bondage of soil. During the Greek and Roman period, peasants’ revolutions (Peasant’s Revolt in 1381 and German Peasants' War in 1524 to 1526) and struggles between tenants/land tillers and landowners were staged to clamor for the need of land and/or agrarian reform. In China, Mao Zee Dong gave lands to the landless as part of his program under Cultural Revolution for he believes that a self-reliant individual can sustain agricultural production that generates surplus for industrial development. The end of communism in Eastern Europe in 1989 to 1990 and disintegration of Soviet Union in 1991, as well as the transition of China to market-oriented agricultural system paved the way towards the small intermittent steps of land and agrarian reform in various parts of the world.

In the Philippines, emancipation of man from the bondage of soil has always been more than a century-old issue too since it is traced back from the time of the Spanish colonization. The discovery of the Philippines by Magellan in 1521 in the pristine waters of Mactan, Cebu serves as the impetus for the Spaniards to acquire ownership over the entire islands of the Philippines through discovery and conquest. The Spanish regime “technically” owned all parcels of lands, whether it is agricultural, mineral or forest lands and likewise all things above or beneath the bowels of the earth. Private dominion can only be given by means of royal concession or royal grant. Unlike other systems of bequeathing title, the distribution of land under royal concession or royal grant is in accordance with the rank of a certain grantee in the society. Thus, land distribution during those times may be sometimes, or if not, usually “highly politicized”, for that matter.

The materialist conception of history [of Karl Marx] starts from the proposition that the production of the means to support human life – and, next to production, the exchange of things produced – is the basis of all social structure[1]. Thus, it can be inferred that social changes such as land reform can be achieved by the genuine implementation of agrarian reform agenda in the country. As a predominantly agricultural country, it is believe that a sound and viable agrarian reform policy agenda is essential to implement agrarian reform justice in the Philippines.

The story of agrarian reform law in the Philippines has a long winding road brought about by the prevailing social, economic and political environment of each times. Indeed, land distribution to the landless as social justice program of the government has underwent a gradual process of revolution. The first landmark legislation pertaining to agrarian reform is Republic Act (RA) 3844 otherwise known as the Land Reform Code dated August 8, 1963 which creates the Land Authority that implements land reform in the country. In 1970s, Republic Act 6389 also known as the Code of Agrarian Reform of the Philippines that established the autonomous agency called the Department of Agrarian Reform (DAR) replacing the former Land Authority was passed. In 1978, however, DAR was re-named as the Ministry of Agrarian Reform when the country was then under the parliamentary form of government.

With the restoration of democracy and the birth of the 1987 Constitution, a new chapter in agrarian reform history unfolds. President Corazon Aquino intensified the implementation of land reform by incorporating "social justice in relation to emancipation of man from the bondage of the soil" in the fundamental law of the land taking into account that economic growth and development of a country is often tied with the stability of its land reform and agrarian reform policy. It is, therefore, imperative that the government shall foster land distribution to the landless pursuant to the social justice enshrined under the 1987 Philippine Constitution, to wit:

The government shall undertake an agrarian reform program founded in the right of farmers and regular farm workers who are landless to own directly or collectively the lands they till, or, in the case of farm workers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation (Article XIII, Section 4).

The issue of agrarian reform was heightened with the passage of RA 6657 otherwise known as the Comprehensive Agrarian Reform Program on June 10, 1988 that provides mechanisms for its implementation. In the light of the foregoing, it is believe that the true essence of these laws can be immortalized if its letter and spirit will both serve the end of the government, that is, the general welfare of the people and promotion of social justice.

Emancipation of man from the bondage of soil does not, however, gave the farmer beneficiaries blanket authority. The enjoyment of rights bestowed under these laws carries with it also their compliance with certain conditions and fulfillment of duties and responsibilities.

Section 118 of the Public Land Act pertains to the prohibition of the sale or encumbrance of a land acquired through free patent and homestead provision within a period of 5 years from the date of the issuance of the patent or grant. On the other hand, Section 119 of the said law subjects said land’s alienation, impliedly after the expiration of the prohibitive period, upon a right of repurchase by the homesteader, his widow, or heirs, within a period of five years from the date of its conveyance.

Indeed, these provisions complement the intent and purpose of the law “to preserve and keep in the family of the homesteader that portion of public land which the state had gratuitously given to him.” However, it is important to stress that the ultimate objective of the law is “to promote public policy, that is, to provide home and decent living for destitute, aimed at providing a class of independent small landholders which is the bulwark of peace and order.” Our prevailing jurisprudence requires that the motive of the patentee, his widow, or legal heirs in the exercise of their right to repurchase a land acquired through patent or grant must be consistent with the noble intent of the Public Land Act. It was held in a number of cases that the right to repurchase of a patentee should fail if his underlying cause is contrary to everything that the Public Land Act stands for [2]

The development of agrarian reform policy in the Philippines proves the realization of Jean-Jacques Rousseau when he said that "what makes the constitution of a state really solid and lasting is the due observance of what is proper so that the natural relations are always in agreement with the laws on every point, and law only serves, so to speak, to assure, accompany, and rectify them." In August 7, 2009, Republic Act 9700 (An Act strengthening the comprehensive agrarian reform program (CARP) extending the acquisition and distribution of all agricultural lands, instituting necessary reforms, and amending certain provisions of RA 6657 was passed embodying the lessons learned from the implementation of RA 6657 and solidifying the rationale behind the wordings of Jean-Jacques Rousseau.

The CARPER Law institute reforms by increasing the prohibitory period to sell or alienate the awarded lands from five years under Section 118 of the Public Land Act to ten years under the CARPER Law.

"Transferability of Awarded Lands. – Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred or conveyed except through hereditary succession, or to the government, or to the LBP, or to other qualified beneficiaries through the DAR for a period of ten (10) years: Provided, however, That the children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of two (2) years. Due notice of the availability of the land shall be given by the LBP to the BARC of the barangay where the land is situated. The PARCCOM, as herein provided, shall, in turn, be given due notice thereof by the BARC xxxx (Section 27, RA 9700)"

The implementation of agrarian reform does not end by merely distributing lands to the landless but it is coupled with social responsibility. One must ask himself, "How can one will fully utilize the responsible tilling of land when he or she has no resources to do the same?." It is essential therefore to improve farm to market road, introduce irrigation projects, credit facilities among farmer beneficiaries, and institutionalize training and unleashing the human resources potential of the people. Strong agricultural based is essential as a springboard of our economy toward the path of economic growth and development, which can be achieved through the cooperative effort of the executive, legislative, and the judiciary.

The role of judiciary in implementing social justice can be seen in various landmark cases such as Department of Agrarian Reform (DAR) vs. Cuenca, Estribillo vs. DAR, Fortich vs. Corona, and Hacienda Luisita, Incorporated vs. Presidential Agrarian Reform Council. Although there have been controversial issues with regard to the implementation of land distribution in the past, the judiciary plays its unique role in nurturing democracy and upholding the rule of law. It has able to level the playing field between the rich and the poor, the proletariat and the bourgeoisie, the North and the South, the core and the periphery ...

[1] Curtis, Michael. The Great Political Theories, Vol 2. 1981

[2] (Capistrano vs. Limcuando, et al, G.R. No. 152413, February 13, 2009)

“A change is brought about because ordinary people do extraordinary things.”

Dazzling Glitters of Christmas and New Year in the Philippines

2012-12-24T21:25:00.000-08:00

Yes, the holiday season is here!!! I can really feel the cool December breeze of Christmas in the air, smell it in the luscious holiday goodies, and ultimately see it in the countless Christmas lights in the malls, in the streets, in the parks, and most especially in our home, too. Indeed, this is the season to be treasured and celebrated because it is the joyous birth of our Lord Jesus Christ – our great Savior and Healer. The birth of Jesus Christ signifies that God’s Word as shown in ~ Isaiah 9:2 became flesh and lived among us:

You might be surprised to know it, but it is true; our Christmas season in the Philippines is the longest one in the whole wide world for it starts from December 25 till January 6, 2013, which is the day of the Epiphany. You can truly experience a unique celebration of Christmas only here in the Philippines. First, since Philippines is one of the two predominantly countries in Asia (East Timor is the other one), Filipinos begin the celebration of the season with the so called “midnight mass” or “simbang gabi” or Misa de Gallo to give thanks to God Almighty for bestowing Jesus as our Saviour, to show our devotion to His beloved Son Jesus Christ, and to pray for more blessings and graces. It is really wonderful to wake up as early as 4:00 o’clock in the midnight while the gust of windy December air creeps through my jacket as we walk through our way to the church. It is really exhilarating to spend midnight masses with your family and friends especially during this special joyous occasion; and quite fulfilling when one is able to complete the consecutive nine (9) nights of novena midnight masses since it signifies the realization of one’s wishes and dreams. As we headed our way to the church, I can already see the long queue of the crowd gathered inside the church to listen to the homily of the priest. After the midnight mass, I was delighted to see several vendors beside the church selling my favorite puto bumbong (a purple sticky rice delicacy steamed in bamboo tubes), bibingka (rice flour and egg-based cake), puto (another rice delicacy with a twist) and other sweet native delicacies. Of course, we bought some of them to complement with our early breakfast of brewed hot chocolate prepared by my mother (he..he..he..). Here, come and taste my favorites!!

My most awaited part of the season is the Christmas Eve where the families dine together the sumptuous and luscious food on the table or the Noche Buena feast.

Christmas is indeed heartwarming because Filipinos ensure that they come home to be with their loved ones on Christmas Day. Although our Filipino overseas workers live and work in distant faraway places, the million miles distance don’t prevent them from being together because they always make an effort to communicate with the members of the family via social networking sites such as Facebook, Twitter, Skype, etc. even though some of them can’t make it home for Christmas. Thanks for the wonderful gift of modern age of technology and the world wide web because the world is getting smaller, smaller, and smaller (he..he.he..) for families here and everywhere. Our celebration of Christmas in the Philippines is mostly traditional because ours is a family-oriented society. The spirits of giving, forgiving, sharing, and loving continue to be the burning flame that forges every Filipino’s hearts and minds wherever whenever. Indeed, home is where the heart is…

★˛˚˛*˛°.˛*.˛°˛.*★ MERRY CHRISTMAS 。*˛.

˛°_██_*.。*./ ♥ \ .˛* .˛。.˛.*.★* ★ 。*

˛. (´• ̮•)*.。*/♫.♫\*˛.* ˛_Π_____ HAPPY NEW YEAR ♥ ˛* ˛*

.°( . • ) ˛°./• ‘♫ ‘ •\.˛*./______/~＼*. ˛*.。˛* ˛.*。

*(…’ ) *˛╬╬╬╬╬˛°.｜田田｜門｜╬╬╬╬╬*˚ .˛♥.♥♥*✲

2013

Some of the local government units in the different provinces also hold “Panunuluyan” depicting the journey of Mama Mary and Saint Joseph in search of lodging for the birth of Jesus Christ. We Filipinos are also very happy to decorate our homes and offices with one of our traditional symbols of Christmas – Belen, a Spanish term derived for the word Bethlehem which is the birthplace of Jesus Christ. This nativity scene or crèche showing the infant Jesus Christ, surrounded by the Virgin Mama Mary, Saint Joseph, the shepherds and their flock, the three magi or kings, and stable animals with an Angel, and the Star that lights and guides the three magi (kings) on their way to the nativity is one of the most well-loved scenes of the festive atmosphere of Christmas.

Our Christmas décors would not be complete without mentioning the Parol or the star-shaped lanterns which represent the Star of Bethlehem. It is very iconic to all Filipinos because it conveys meaningful message of love, faith, and hope brought about by the birth of Jesus Christ. I remember the time when I was in elementary where my teacher required us to submit lanterns as our project. It is really awesome to make parol because it stimulates one’s creativity and artistry to make it stand out from the rest. Anyone who can present a unique and artistic parol would win the coveted prizes of cash and gifts from the sponsors and organizers of the contest. Indeed, Christmas always bring joy and laughter to all people especially to kids. The happiness of the season in the hearts of the people can truly never be bought by any heaps of millions and glitters of diamond in the world.

The celebration of Christmas lighted up by the spirit of sharing also signals the start of the brand new year with dazzling bountiful harvest of blessings. I believe that the spirit of Christmas season, which we most specially feel every 25^th of December, can be re-lived all throughout the year. The spirit of giving, forgiving, sharing, and loving should always be our guiding principles in our everyday lives as we welcome this New Year.

The joy and hope that this New Year brings to our lives seems to give us more energy and optimism in life. Personally, I have so many dreams, wishes, and goals to be attained this 2013 and I always pray that God Almighty will bless me that it will come true. I always believe that with God’s guidance and wisdom, He will help me achieve this goal.

We all have dreams and goals in life. Some of them are larger than life, sentimental, engaging, or whatever; however, at the end of the day, we must realize that our dreams and goals in life will become reality if they are coupled with hard work, enthusiasm, dedication, and happy heart.

I am wishing you all, too that each of our dreams and desire will come true this 2013 and the succeeding years. I am praying for the good health, graces, and more blessings for me and my family. I am also praying for the unity, solidarity, and brotherhood in the Supreme Court of the Philippines where I belong in performing its noble cause to be the true beacons of democracy and social justice; economic prosperity of our beloved country Philippines; and world peace in the entire universe.

Have a bountiful harvest of blessings and divine graces, happy and prosperous 2013 and coming years to all of us!

*”˜˜”*°•.¸☆ ★ ☆¸.•°*”˜˜”*°•.¸ ☆★☆¸.•°*”˜˜”*°• .¸☆ ☆ This is a big hug for the New Year ☆ .•°*”˜˜”*°•.¸☆ to spread lots of love and happiness ☆•°*”˜˜”*°•.¸☆ ☆¸.•°*”˜˜”*°•.☆ May you have a New Year filled with love, laughter and peace ☆¸.•°*”˜˜”*°•.¸ ☆ ♥ ★ ♥☆¸.•°*”˜˜”*°•. ¸☆♥ ♥ Share the hug*”˜˜”*°•.¸☆

Election: A Season to Level the Playing Field and Debunk Political Dynasties

2012-11-13T20:54:00.000-08:00

As I sat before my laptop during this cold windy midnight while watching the late night news on TV regarding the recently concluded US Presidential election with Democrat Barack Obama pitting against the Republican Mitt Romney, I can’t help myself to gaze upon the calendar and wonder whether the 2013 election we will be having here in the Philippines would be magnificent, clean, peaceful, and honest, too. Yes, the last day of registration for the 2013 election had passed already and the long queue that flocked to the different field offices of Commission on Election (COMELEC) nationwide no longer exists. Everybody is preparing for the May 13, 2013 election - the eventful day when Filipinos are going to play a game in the playing field where everyone is treated as equal, where there is neither rich nor poor, and where we would amazingly act as superhero with intergalactic superpowers for utilizing a super weapon --- our precious single vote --- when we go out in the playing field trusting that our sacred right and treasured privilege to govern and be governed shall make a difference in the lives of our people and shall chart the destiny of our beloved country.

I am pretty sure everybody is excited for this forthcoming election because it signifies hope and a new beginning towards the “straight path” of governance unwaveringly pursued by our Honorable President Benigno S. Aquino, Jr,. It cannot be denied, however, that along the feeling of excitement that comes with the 2013 election is the burning issue of political dynasty. Political dynasty can trace its roots from the Spanish era when public positions were given only to favored families, mestizos, and illustrados who have immense wealth and property which ultimately enabled them to muster the necessary machinery thereby monopolizing the democratic space especially in acquiring elective and appointive positions. It is indubitable from this historical account then that political dynasty has actually long embedded in our Philippine culture. The system of oligarchy which ultimately causes social decadence in the political arena and undermines the democracy we have long upheld as a nation has continued until the birth of the 1987 Constitution which primarily aims to restore the democracy and our freedom from the bondage of our colonial past. Article II, Section 26 of the fundamental law provides that:

“The state shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”

However, despite the foregoing, the seemingly “politically dynasty-controlled” Congress has failed the nation to enact enabling law that will solidify the spirit and intent of the framers of the 1987 Constitution. Of course, passing a law that prohibits political dynasty would unduly prejudice those belonging to politically dynasty-ruling elite for it shall eventually spoil the strong social, economic, and political base they already built from the time of the kingship of their political clan. The absence of enabling law prohibiting political dynasty undoubtedly results to inequity in the social, economic and political sphere for it hinders one with nothing but leadership capacity and genuine desire to serve to be voted and elected upon. This does not mean, however, that those who have been elected to public positions by virtue of the influence of ruling political dynasty have no leadership capacity and genuine desire to serve. What we mean when we speak of “political dynasty” is the “lack of opportunity” of the equally qualified people to have an access to public positions, which is triggered by the monopoly of the oligarchs enjoying the ample of resources acquired through the positions they have occupied since time immemorial.

The most recent attempt to pass a law prohibiting political dynasties is Senate Bill No. 2649, introduced by Senator Miriam Defensor Santiago on January 24, 2011 during the 1st regular session of the 15th Congress. Other bills were also filed by then Senator Alfredo Lim in 2004 (SB-1317), Senator Panfilo Lacson in 2007 (SB-1468), and Rep. Teddy Casino (House Bill-2493) also in 2007. These attempts at leveling the playing field demonstrate people’s thirst for young blood, and new breed of statesman devoid of the vestiges of political progeny and traditional politicians.

"Political Dynasty" shall exist when a person who is the spouse of an incumbent elective official or relative within the second civil degree of consanguinity or affinity of an incumbent elective official holds or runs for an elective office simultaneously with the incumbent elective official within the same province or occupies the same office immediately after the term of office of the incumbent elective official. It shall also be deemed to exist where two (2) or more persons who are spouses or are related within the second civil degree of consanguinity or affinity run simultaneously for elective public office within the same province, even if neither is so related to an incumbent elective official (Senate Bill 2649, 1st regular session of the 15th Congress).

It is a view that political dynasty predominantly exists among various local government units (LGU) in the country. It is in this context that the proposed Senate Bill No.1317 by then Senator Alfredo Lim, now a Mayor of Manila, deemed relevant. According to him, in its Explanatory Note, “the bill seeks to end the exercise and control of political power and authority in a political unit by two or more members of the same family related within the 3rd civil degree of (consanguinity or affinity either simultaneously or in succession. [Hence] under the proposed bill, a mayor who finishes his three (3) terms cannot be succeeded by his wife, child or any relative within the 3rd degree. Likewise, no relative of the mayor may run as congressman, vice mayor, councilor or even any barangay position in the same municipality or city for as long as he sits as mayor in that place. The rule applies with equal force to provincial levels and autonomous regions (last par. Explanatory Note, Senate Bill No.1317). This provision is truly helpful in eradicating political dynasty at the local level especially when the same will be harmonized with Section 9 of Senate Bill No. 1468 by Senator Panfilo Lacson which strengthens the effect of the violation of the anti-dynasty law, which reads:

“SECTION 9. Effect of Violation of Prohibition. -The COMELEC shall, upon the filing of a verified petition by any interested party, deny due course any certificate of candidacy filed in violation of this Act and the votes cast for the disqualified candidate, if any, shall not be counted nor shall such candidate be proclaimed nor be qualified to assume office.

Violation of this Act and the rules and regulations of the COMELEC issued to implement this Act shall also constitute an election offense punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa BIg. 881)”

With all these efforts to end the oligarchic system of politics, one may ask himself or herself whether there could be a fruitful result afterwards. Well, for now, the answer lies not on the future passage of the Anti-Political Dynasty Law which has long been overdue because of the existing complicated issues appurtenant with it but on our hands as Filipino citizens when election time comes in. In the advent of the prevailing technological revolution amidst the May 2013 election, a just society bounded by new politics and people empowerment will no longer be a mystic dream because the power to change for the betterment of our society lies in the hands of our electorate. This country needs a just society where there is a free rein of social justice and new politics dismantling the patronage system that is based on personality, popularity, and influence rather than on issues and platforms of good governance. It is during this season of election that we will have the opportunity to level the playing field and debunk the growth of political dynasties as we travelled through the straight path of governance envisioned by our beloved President Aquino.

A.M. No. 12-8-8-SC Judicial Affidavit Rule

2012-09-09T13:41:00.001-07:00

The Supreme Court has embarked on another voyage of innovatively dealing with decongestion of cases and speedy resolution of trials without compromising the rights of the accused, law of evidence, and the rule of law as well. The implementation of the Judicial Affidavit Rule is one of the judicial reform programs of the Supreme Court which will truly lessen the period of judicial proceedings. The following are the pertinent provisions of the Judicial Affidavit Rule:

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari' a District Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari' a Appellate Courts;

(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the

Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shalJ be uniformly referred to here as the "court."

Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. - (a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:

( (1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies; and

(2) The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or object evidence in his possession, he may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In addition, the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted. This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing rules.

Sec. 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino accompanied by a translation in English or Filipino, and shall contain the following:

(a) The name, age, residence or business address, and occupation of the witness;

(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury;

(d) Questions asked of the witness and his corresponding answers,consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues that the case presents; and

(3) Identify the attached docun1entary and object evidence and establish their authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same.

Sec. 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the ·witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave; and

(2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers.

(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.

Sec. 5. Subpoena. - If the government employee or official, or the requested witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the relevant books, documents, or other things under his control available for copying, authentication, and eventual production in court, the requesting party may avail hinmself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a judicial affidavit shall be understood to be ex parte.

Sec. 6. Offer of and objections to testimony in judicial affidavit.- The party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule on the notion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.

Sec. 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the testimony of his last witness, a party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or purposes for which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers, the objections, and the rulings, dispensing with the description of each exhibit.

Sec. 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;

(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions, whatever the penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies of the same upon the accused. The complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.

(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify.

Sec. 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however, allow only once the late submission of the same provided, the delay is for a valid reason, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than Pl,OOO.OO nor more than P5,OOO.OO, at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his client's right to confront by cross-examination the witnesses there present.

c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than Pl,OOO.OO nor more than P5,OOO.OO, at the discretion of the court. http://sc.judiciary.gov.ph/admin%20matters/others/A.M.%20No.%2012-8-8-SC.pdf

Good night everyone!!!!

RA 10172 or the Law Expanding the Clerical Error Law

2012-09-04T12:30:00.000-07:00

Welcome back!! Hello September! It’s been BERmonths and I just can feel the cool breeze of the wind flipping through my hair. It is another month of exciting journey because I will feature some of the latest laws relevant and applicable to our everyday lives. I was snowed under during the past few months due to my load but I am here now to continue this saga of my “Legal Tidbits.”

The passage of RA 10172 otherwise known as “An Act Authorizing the City or Municipal Registrar or the Consul General to correct Clerical Errors in the Day and Month in the date of birth or Sex of a person appearing in the civil register without need of judicial order” clearly eased the burden of many Filipinos who are continually beset by problems regarding errors in the entries of civil registry documents such as birth certificates. However, the law does not only relieve the people of the nagging problems such as non-issuance of passports from the Department of Foreign Affairs (DFA), denial of claims with the Government Service Insurance System (GSIS), Social Security System (SSS) and other government agencies because of error among civil registry documents and the expensive and tedious legal process but it also helps decongest court dockets considering that the remedy provided for under the law is purely administrative in nature.

The law expands the coverage of RA 9048 or the Clerical Error Law which originally pertains to a change or correction of first name or nickname only. With the legislation of RA 10172, aside from change of first name or nickname, correction of errors in the day and month in the date of birth and sex of a person can also be made through the submission of the following documents:

1. Petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths stating the facts necessary to establish the merits of the petition;

2. A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed;

3. Earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities;

4. Certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant.

5. Certification from the appropriate law enforcements, agencies that he has no pending case or no criminal record.

The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and third copy to the petitioner (Section 5, RA 10172).

The petition for change of first name or nickname, or for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation (Section 5, RA 10172).http://www.gov.ph/2012/08/15/republic-act-no-10172/

The State, thus, through its law-making power by the legislative branch of the government was able to effect the realization of the spirit and letter of the law. Mazzini[1], one of the great political thinkers, pointed out that “the law must express the general aspiration, promote the good of all, respond to a beat of the nation’s heart. The whole nation therefore should be, directly or indirectly, the legislator.” We are thankful that the good Valenzuela City Representative Magi Gunigundo principally authored the law which paved the way for lessening the inconvenience and fulfilling the needs and aspiration of the people.

[1] Curtis, Michael. The Great Political Theories Vol. 2 The New Expanded Edition

Women Empowerment

2012-08-14T20:41:00.000-07:00

Women empowerment has already been a common buzzword in this era of postmodernism and age of globalization. In 2011 the World Economic Forum (WEF) ranked the Philippines in the 8th place as the country with the least gender gap. We are happy that our country recognizes the indispensable role of women in nation building and consider women as effective partner of men in pursuit of development – politically, culturally, economically, and socially. It is indeed true that the term “women empowerment” has become glamorized in the past which purportedly portrays power domination of women over men; however, as time flies by, re-definition of the term has become a necessity. Women empowerment signifies freedom to exercise women’s right of choice, to know their rights under the law and peacefully assert those rights and to fulfill the concomitant obligations and responsibilities therefrom to attain development.

In today’s modern society, women have been enjoying wonderful opportunity in varied sectors of industry, politics, government, and even in non-government organizations and other private companies. In the working world, women occupied special groups of employees whose rights are protected pursuant to Article II, Section 14 of the 1987 Philippine Constitution which provides:

“The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men.”

The following provisions under the Labor Code of the Philippines espouses the declaration of state policies to afford full protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employees.

A. Requiring Facilities for Women (Article 130, LC) such as provide seats proper for women, establish separate toilet rooms, lavatories and dressing rooms, nursery in the workplace, determine appropriate minimum age and other standards for retirement or termination in case of special occupations such as those of flight attendants and the like.

B. Maternity Leave Benefits (Article 131, LC)

C. Requiring free family planning services and incentives (Article 132, LC)

D. Prohibiting discrimination on account of sex (Article 133, LC) also considered as crime under RA 6725

E. Outlawing stipulation against marriage (Article 134, LC)

F. To make unlawful prohibited acts of an employer such as to deny legal benefits or to discharge a woman employee to prevent her from enjoying them, to discharge her on account of pregnancy, or while on leave or in confinement due to pregnancy, or to discharge or refuse her admission upon returning to work for fear that she may again be pregnant (Article 135, LC)

On June 21, 2011, Republic Act 10151 (An Act Allowing the Employment of Night Workers) was passed which cover employees who work at night (which includes the period of 12 MN to 5 AM) for a period not less than seven (7) consecutive hours. It shall not cover those employed in agriculture, stock rising, fishing, maritime transport, and inland navigation.

The following are the rights of night workers:

1. Right to free health assessments (Article 155)

2. Right to be transferred to a similar job which they are fit to work, whenever practicable, if found unfit for night work due to health reasons (Article 157)

3. Right to safe and working conditions (Article 156)

4. Right of pregnant women to alternative to night work (Article 158).

5. Right of pregnant women against dismissals and diminution of benefits on account of pregnancy childbirth and childcare responsibilities (Article 158)

6. Right to be regularly consulted on the following: schedules and the forms of organization of night work that are best adapted to the establishment and its personnel and the occupational health measures and social services (Article 161).

The law also emphasizes that only pregnant women and nursing mothers are not allowed to work at night but they may be allowed to work at night if:

1. certified by a competent physician other than the company physician; and

2. in the case of pregnant women, the physician specifies the period of pregnancy that they can safely work (Article 158)

The full text of the law is available at http://www.gov.ph/2011/06/21/republic-act-no-1015

In addition to the passage of Republic Act 10151 and Magna Carta for the Kasambahay 2005, it is also a welcome development that the Philippine Senate has recently ratified the International Labor Organization 189 which espouses the protection and promotion of domestic workers worldwide. The recent ratification of the treaty sends a strong message that our country is highly committed to implement its obligations under the Convention and to protect the rights of domestic workers who are mostly women to a more humane and better working conditions both in and out of the country.

The road towards full women empowerment has a long way to go however it starts from one small leap by inculcating awareness of our rights under existing laws. Let us always be vigilant and be proactive in asserting those rights while simultaneously upholding our deep-rooted sacred values and significantly contributing our talents, skills and resources in nation building and development.

Global Climate Change and the Guardians of Planet Earth

2012-08-11T04:33:00.000-07:00

Yehey!! I can feel again the sweltering heat of the sun and the sweet smile of Mr. Sun after the long torrential downpour last August 7, 8, and 9, 2012. I am thankful that our house was not affected by the disastrous effects of the knee-deep flood here in Manila (in some areas, it was almost neck-deep) brought about by the southwest monsoon. Nevertheless, as I sat comfortably before my laptop while enjoying the announced suspension of work among government offices and surfing the web during the whole rainy days, I asked myself whether these scenarios which we experienced these days were the ill-effects of climate change or the same had something to do with our lack of awareness or sense of responsibility as individual citizens of planet Earth.

Upon staying my eyes glued over the pictures of flood in the cyberspace, I could not help but think of the prevailing global climate change and its adverse effects to fellow countrymen and beloved country Philippines.

Courtesy of talakayankalusugan.com

Indeed, our country is replete with various environmental laws to combat climate change in compliance with the 1992 United Nations Framework Convention on Climate Change. In fact, in 2001 as an offshoot of the country’s ratification on the said Convention, the Philippine Senate enacted Republic Act No. 9003 otherwise known as the Ecological Solid Waste Management Act to address climate change and encourages community members, local government units, non-government organizations, and other stakeholders to ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste and to adopt waste minimization measures and the best environmental practice in ecological waste management.

Courtesy of ph.news.yahoo.gov

However, in spite of this, perennial flood problem in the country has continuously been a major issue every rainy season. It has also often wreaked havoc to properties and even claimed lives of innocent men, women, and children, including those of animals.

Courtesy of interaksyon.com Yes, even animals should be rescued.

Every time we see these sad plights of our fellowmen –those who wade themselves in the sea of murky water and group of families who seek refuge to various evacuation centers - we have to realize at the end of the day that the Planet Earth is not a recycle bin or a big trash can. We have to prime ourselves to initiate “Reduce, Re-Use, and Recycle” under the Ecological Solid Waste Management Act and sincerely cooperate in our own little way with the local government units and national government where we respectively belong by segregating solid waste into biodegradable and non-biodegradable matter and re-use or recycle the same into something new.

As guardian of Planet Earth, discipline is an essential ingredient in making this world a better place to live in. Protecting our environment is not the government’s duty alone; it is also our responsibility. “What can I do to help the government instead of asking what can the government do to us.” is a thought worthy to ponder on during this cold night.

Hmmm …. I’ve got to go netizens out there!! I can hear thunderstorms tonight heralding another heavy downpour and I think it is time to hit the hay. But before I sleep soundly in my comfy bed, I would like to say “Thank you” for finding time to read my thoughts in the blogosphere.

It's More Fun In the Philippines

2012-06-26T21:03:00.000-07:00

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his is the new slogan of the Philippine’s Department of Tourism (DOT) for the year 2012 which encourages everyone both domestic and foreign enthusiasts alike to experience this wonderful opportunity here in my home country. I am really proud and happy to be a Filipino that I have given the blessing to embrace God’s wonder of nature and experience the fun and excitement here in the Philippines.

Stalactites and stalagmites

In the midst of economic meltdown that the world is experiencing, political turmoil, and dissension between and among nations in some parts of the world, there are still more reasons to experience fun, relaxation and joy within ourselves by transcending our mind and body to the wonders of nature around us. I am really a nature lover and would like always to appreciate the world around us, the environment, and the people who are considered stewards of these God’s creations. One can indeed experience fun and excitement in the Philippines for the following reasons, which I find worth sharing to all of you guys.

Fun and excitement in the Philippines is evident from the beautiful scenic spots that are truly worth experiencing. These include, among other things, Baguio’s Banaue Rice Terraces, Albay’s perfect cone-shaped Mayon Volcano and Talisay, Batangas’ Taal Volcano, Maria Cristina Falls, Bohol’s Chocolate Hills, and the recent official Seven Wonders of Nature – my favorite Palawan’s Subterranean Underground River which is considered as the longest river in the whole world, and breathtaking Pagudpud Island–a perfect get away from the hustle and bustle of the city, an ideal place for self-reflection and relaxation, to name just a few. As one travels through the thicket of forest trees, exotic flora and fauna, pristine waters, and cool, fresh air, one can really say that God has His own ways of showering His blessings to His children on earth. It takes a lot of introspection to re-examine ourselves and appreciate the beauty of our environment. In all instances, however, our appreciation of nature and environment cannot be measured not only by traveling to wonderful places but also taking steps towards environmental protection even in our own little ways.

The cave

It is our responsibility as citizens of planet earth to protect and safeguard the environment by taking active role in various programs and activities that are geared towards preservation and conservation of our environment in our respective areas of responsibility in our own home country. Thus, I firmly believe that the fun and excitement here in the Philippines does not only espouse the country’s tourism industry but also inculcates in our minds our sacred duty as citizens of Planet Earth to appreciate its wonder and ultimately protect and conserve the environment.

You can feel the fresh air while entering the river

The warm, hospitable, and friendly people comprising the 7,107 islands of my country is another reason that adds fun and excitement to the beautiful islands in the Pearl of the Orient Sea. Other than the beautiful scenic spots, the factors that naturally attract one’s interest and enthusiasm are the joyful heart, friendliness, hospitality, and unity among Filipinos. These unique characteristics serve as our springboard to remain steadfast in our dream to go beyond what is before us and to rise above all odds in spite of all the hardships and challenges we had to go through as a nation.

Of course, fun and excitement here in the Philippines will never be complete without the gastronomical welcome treats and the special delicacies of our respective provinces such as adobo, lechon, penakbet, laing, bagnet, so on and so forth. The list all of other mouth-watering good food is endless and I am pretty sure gourmet/connoisseur out there will surely love it (he..he..he..). It is especially significant to vicariously experience the fun-filled food tripping here for we are proud that every delicacy we have is peppered with our rich cultural history and unique tradition.

I am encouraging you all guys to find time to experience your own tourist destinations there in your home country before embarking or planning to visit other equally foreign beautiful countries. We are lucky we have given the earth’s bounty of nature manifested through these wondrous places in our respective countries. Hence, it is opportune time to appreciate all of them.

Lush green trees at Pagudpud

While you are exploring the beauty of your own country, don’t forget one time in your life to appreciate wonders of nature of other countries, too. Even though some have not gotten the chance yet these days to travel outside our home country for economic reasons; however, these must not prevent us to appreciate the splendor and magnificence of the earth’s wondrous beauty, mesmerize to our domestic nature’s grandeur, experience the friendliness and warmth of our local folks, and enamored with the enjoyable taste of the food in the banquet.

For the foregoing reasons, I can truly say “It’s more fun in the Philippines.” According to ~St. Augustine, the World is a book, and those who do not travel have read only a page. It is indeed true that the priceless memories and unforgettable journey starts with one step of embarking to a new whole fun and adventure. I would like you guys to experience fun and excitement someday, too. Happy traveling!! Enjoy and be happy always.

Crystal Clear Water. It is also a nice place for windsurfing!!!

The Third Wave, the Supremacy of the Rule of Law, and the Leveling of Democratic Space

2012-04-21T03:51:00.002-07:00

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s the minute hand of the clock above the wall of the living room inched toward twelve o’clock midnight, each ticking of the sound of the clock signals that another brand new day will start. Writing again in my blog after the long hiatus is quite exciting as it leads one’s minds towards self-discovery and reflection on the cheerfulness and promise of tomorrow. It is indeed quite good to think deeper during the silence of the night under the silver clear moonlight and twinkling little shiny stars above the night sky. While I am having my random thoughts in front of my laptop about some stuff on the different things around us, I cannot help but think of the wonders of the technological revolution our present generation is living through.

We are lucky because in this fast-paced age of modern technology and information superhighway, everything would be just one mouse click away. Indeed, the world has changed for it successfully passed through the three different stages of revolution – from the agricultural phase to the information age, which is a full-proof of Alvin Toffler’s Third Wave. The transition from the agricultural to industrial based economy which puts primacy importance to land, capital and other physical assets or factors of production paved the way to information age where there is an increasingly free flow and exchange of ideas in the marketplace.

In the advent of electronic age and internet revolution, there was a considerable anxiety that the sweeping change in this modern-day era would lead to the end of human freedom, abolition of individual’s right to privacy, and perhaps state disintegration. Nonetheless, these predictions subside as the digital and electronic information superhighway transcends boundaries across time and space by demonstrating the opposite of the aforementioned anticipations. It has, instead, been an effective tool in espousing the libertarian spirit and leveling of the democratic space where each individual has the right to speak one’s mind and thoughts on issues that greatly affect them by using different platforms and social media. Globalization and the concomitant effects of internet revolution has propelled the worldwide recognition and promotion of human rights and strengthening of the international human rights’ laws as well as cooperation between and among state parties, international organizations and other similar institutions in the delivery of borderless justice. The recent concurrence of the Senate of the Philippines on the Rome Statute of the International Criminal Court of Justice was a development for the strengthening of human rights and the supremacy of the rule of law.

In all cases, the Third Wave which we currently experiencing undoubtedly gives rise to the so-called e-governance never before been deciphered by our great political thinkers a long, long, time ago. The decentralization and the opportunity of our leaders to reach out for their constituents at the grassroots level through innovative ways of doing things facilitates the two-way street of communication between the central and the periphery as well as responding to the needs and demands of the governed. I just wonder if we have Time Machine that could transport us to and from the past, present and future and share the bountiful wonders of Facebook, Twitter, Myspace, Multiply and other social networking sites to our great, great forefathers. If there could have been other platforms of communication during World War I and II, leaders of great nations would be able see themselves in the sea of understanding. Indeed, if only we can see the future, we can be much happier and feel more fulfilled because we can do something to make things better.

The freedom of expression guaranteed under the 1987 Philippine Constitution which springs from our natural inherent right as an individual is indeed priceless. John Stuart Mill,[1] however, reminds in his Liberty, that the liberty of the individual must be, thus, far, limited; he must not make himself a nuisance to other people. Pope Leo XIII[2] Libertas Praestantissimum (1888) on Human Liberty emphasizes that true liberty of human society does not consist in every man doing what he pleases, for this would simply end in turmoil and confusion and bring on the overthrow of the state. He espoused then the necessity of obedience to the supreme and eternal law, which is on the authority of God, commanding good and forbidding evil.

As we reap the wonders of technological revolution brought about by the Third Wave, the foregoing principles from our great political thinkers reverberate continuously. It echoes the same reflection that in the exercise of our fundamental human rights as citizens of a democratic and republican state we have always the social responsibility to obey and respect the supremacy of the rule of law.

[1] Curtis, Michael. 1981. The Great Political Theories: The New Expanded Edition.

[2] Ibid

The Quest for Good Governance

2011-02-02T02:38:00.001-08:00

We cannot fail to be gripped by the news that surfeits every day over newspaper, TV and radio regarding the recent political turmoil in Egypt brought by alleged corruption and thirty year old dictatorship of Hosni Mubarak in the said country. As I glued on CNN and Fox News watching the number of protesters criticizing Mubarak’s ineptitude and sheer incompetence, I remember the Philippine’s own story of 1986 EDSA People’s Power Revolution although at that time when such event occurred I was a little child then innocent to the waywards of things around me.

The story behind the Egypt’s political crisis and 1986 EDSA People Power Revolution including all states all over the world which have experienced the same political struggles conveyed only one strong message, that is, the people no longer remain passive participants of political change and they want good governance and total accountability from the people who lead them. Indeed, we want to eliminate if not totally eradicate the root cause of corruption for it degrades and taints the moral fabric of our society and replicates the vicious cycle of poverty.

The crusade against corruption is a long standing quest since time immemorial for we value that government was created by the people or individual members by means of the social contract agreed upon in order to attain a higher purpose – to achieve the common good. Such is the underlying principles of Jean Jacques-Rosseau in his Social Contract Theory. In this sense, we can say that “[1]government is a trust, and the officers of the government are trustees; and both the trust and the trustees are created for the benefit of the people”. That cited phrase/statement from Harvey Rosen indicates that we as individual members of society should be cautious and vigilant of the action of our political leaders and Chief Executives in order to determine whether the road they are heading is for the common good and general welfare of the people and the country.

What we aspire for then is a transparent and accountable government that is sensitive and responsive to the needs of the people. We are conscious that the attainment of good governance and total accountability faces many challenges; however, I believe that if we have the commitment and will to conquer the so-called cancer of society, we can make it.

We all truly deserved a competent, efficient and effective government that caters to the benefit of the common good. It is hoped that the political uproar in Egypt would ultimately come to an end. May the people there be reminded of the spirit of the successful Philippine’s 1986 EDSA People Power Revolution – a God-centered and bloodless revolution.

[1] Rosen, Harvey S. Public Finance, 4^th Edition. “Public Finance and Attitudes Toward Government”

Population Management

2011-01-10T08:24:00.000-08:00

There is a need to undertake a management population policy because our country presently consists of more than 88 million people. Population explosion is an issue that must not be taken for granted. Knowledge on how to manage the population spells the success of any government strategies to achieve development and economic growth. Some say that dense population causes chronic poverty and underdevelopment. When there is overpopulation, the supply of food, sanitation, access to health care, and quality education are sometimes neglected because government cannot allocate enough resources to sustain the needs of the growing population.

High infant mortality rate, malnutrition, poor sanitation, poor maternal and child health care, abortion, and high mortality rate indicates that the government gives low priority to health sector. However, at present, the government is not neglectful with this area of concern because we can see that there are many government programs that focus on the accessibility of health services and quality education to our people. Government is mindful that true development starts with the development of our vibrant, knowledgeable, and healthy citizenry.

Thus, even though we have 88 million people, still we are optimistic that we can achieve economic development. Population explosion is not a hindrance to economic development because population density is an indicator of development. It is believed that a great number of quality and productive people provides an efficient and effective workforce. For instance, our overseas Filipino workers serve as our unsung heroes for their huge dollar remittances that continually generate government funds and treasure. Without them, we will experience a gloom in the economy. Thus, dense population must no longer be a problem for any developing countries. What is important is that there are quality and productive population. Government needs only to develop our human resources and a management population policy that will truly enhance the potentials of our people.

My Purpose In Life

2011-01-10T08:19:00.000-08:00

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was a little child then when I was first asked this question, “What do you want to be when you grow up?” This question that is usually popped by teachers whenever they posed assignment topic to youngsters enabled us to contemplate about life, about what one will have to go through before he or she discovers his or her purpose in life, what one has gone through, and what one has become after his or her long and exciting journey .

To be a lawyer is my foremost dream – to represent client’s interest in court, to inform their rights and obligations under the law, and keep them out of litigation taking into account the ethical standards and propriety required to be observed by lawyers under the Code of Professional Responsibility and Lawyer’s Oath. I am happy and blessed that this dream became a reality on that eventful day of March 2006 when the Supreme Court of the Philippines announced those who successfully made it in the 2005 bar exam. I am so excited and relieved then because the journey towards the realization of this dream has many back-breaking preparations not to mention the agony of the six-month waiting period for the release of the result. The opportunity to become one provided me avenue to think of ways on how I can be of help to those who are in need believing that those who have less in life should have more in law.

I know the work of a lawyer, whether in public service or in private practice, is perhaps the most demanding. Under the public eye, he or she must be studious and always thoroughly prepared when studying cases and litigating contending issues in court. His or her mental faculties must be honed to razor-sharpness and ready to render sound judgment/decisions in order to ensure the protection of the fundamental human rights of an individual and promote the common good.

Our different roles make up the web of life. No matter how seemingly small our roles, status or station in life may be whether one is a mere messenger of a company or even a President of the country, what matters is how well we play these roles. Playing our different roles righteously and justly is what should matter most, not only simply being the best.

All of us must first accept, then challenge the role given at a particular times in our life. Only then can we carve our own path in this world. Of course, people will say, life is not fair, that sometimes no matter what you do, you do not come out triumphant. However, it is a question of how good or great we play the roles that had been handed to us.

The difficulties and obstacles that we meet sometimes seem like unconquerable mountains and seas but we can overcome it by perseverance, purpose and enthusiasm. This exemplifies life’s purpose on earth, discovering our potential, achieving, helping others and searching for life’s meanings. Truly, our life can only have meaning if we venture into the untraveled path where some people have not mustered the courage to explore.

I remember Oliver Wendell Holmes in a book when he said that “the most beautiful and the rarest thing in the world is a complete human life, unmarred, unified by intelligent purpose and uninterrupted accomplishment, blessed by great talent employed in the worthiest activities, with deserved fame never dimmed but always growing.” We can sense from this that as youth living in a democratic and republican state, we are obliged to do and share our part well even in our own small way to make this country a better place to live in. The God-given talent and skills bestowed upon us can be a powerful tool to become responsive and make critical analysis on issues and events – be it political, economic, social, and cultural – that greatly affect us.