Sometimes Sober

Couch to 30 min runs: A 10-Week Training Plan

2009-09-20T23:20:00.001+08:00

As forwarded:

The following running schedule was created by Budd Coates, Health Promotions Manager at Rodale Inc., who instructs a corporate beginning running program. Coates has taken nonrunners and, in 10 weeks, helped them reach their goal of running the 3.5-mile Chase Corporate Challenge.

Before you start with this schedule, get your legs ready with eight days of walking: walk for 20 minutes a day for the first four days, then increase to 30 minutes a day for four more days. Now you're ready to begin with week 1.

Each week of the program, do your run/walk workouts on Monday, Wednesday, Friday and Saturday, and take Tuesday, Thursday and Sunday off.

10-WEEK TRAINING SCHEDULE

Week 1
Run 2 minutes,
walk 4 minutes.
Repeat 5 times.

Week 2
Run 3 minutes,
walk 3 minutes.
Repeat five times.

Week 3
Run 5 minutes,
walk 2.5 minutes.
Repeat four times.

Week 4
Run 7 minutes,
walk 3 minutes.
Repeat three times.

Week 5
Run 8 minutes,
walk 2 minutes.
Repeat three times.

Week 6
Run 9 minutes,
walk 2 minutes.
Repeat twice, then
run 8 minutes.

Week 7
Run 9 minutes,
walk 1 minute.
Repeat three times

Week 8
Run 13 minutes,
walk 2 minutes.
Repeat twice.

Week 9
Run 14 minutes,
walk 1 minute.
Repeat twice.

Week 10
Run 30 minutes.

Note: After completing week 9, if you feel tired, repeat this week of training before moving on to week 10.

Notes: Political Law Pre-Bar Lecture by Cong. Antonio Nachura

2009-09-04T11:40:00.004+08:00

As forwarded:

• P. 12 Territory- It would be on the 2nd sentence on Sec. 1, on what is known in Public International Law as the archipelagic doctrine of national territory.
• P.13 The Archipelagic Doctrine Of National Territory. it should be treated as a single island for purposes of defense.
• P.14 Sec 2., par 1 of the Administrative Code of 1987
• P.18 Suit Against Government Agencies But, the corporation code contains precisely a provision to the effect that these corporations among others can sue and be sued, that provision is consent on the part of the State for all of these corporations which are organized or incorporated pursuant to the Corporation Code to be sued.
• P.18 Consent to be sued. Local Government Units, Municipalities, Cities, Provinces , Barangays. If you will look at Sec.22 of the Local Govt Code, in the enumeration of corporate powers of local government units, you will find that one of the corporate powers of the local government unit is the power to sue and be sued.
• P.18 But, the more difficult question perhaps is this, suppose the agency performs both propriety and governmental functions, how do you resolve this? In such a case, you look at the principal function of the agency and that is what is supposed to prevail.
• P.19 Before we look at these classification of consent, I would like to recall Republic vs Feliciano, This is not basically Political law, this is more in Remedial law, but in Republic vs Feliciano, the SC said, when suit is filed against the state, either in the form of an original complaint or by way of counterclaim, when suit is filed against the state, the complaint or counterclaim must allege that consent has been obtained and where this consent is found. The SC went on to say, absent this allegation, the court may sua esponte, dismiss the action because any suit against the state is in derogation of sovereignty and must be construed in a strictissimi juris.
• P.20 Express Consent. There is in the Civil code… an imputation of a vicarious liability on the part of the state when the State acts through a special agent… Is this provision, express consent on the part of the State to be sued? This is one of the questions I would have given in the bar exams if I were the examiner.
• P.20 Implied Consent. But the better question perhaps has to do with implied consent. Implied consent is deemed implied when the State commences litigation… But I would like to believe, even as the courts have always been very strict in interpreting exceptions to immunity from suit, I would like to believe that a permissive counterclaim may be allowed in so far as the consent given by the State when it commences litigation
• P.20. same. Perhaps the better question still would be, when the State intervenes in a pending action, is the intervention by the State commencement of litigation and therefore, implied consent to be sued? A files suit against B, the Republic of the Philippines intervenes. Is the intervention by the Republic of the Philippines commencement of litigation? The answer to that is, it depends on the nature of the intervention.
• P.22. The Supreme Court said, these service contracts entered into by the Republic of Indonesia are in the nature of contracts in jure impreii because they have to do with the maintenance of the embassy and of the diplomatic personnel of the Republic of Indonesia.
• P.22. In the case of incorporated agencies whose charters provide that they can sue and be sued, the Supreme Court said, this charter provision that grants consent to be sued is also consent to execution.
• P.23. But the Supreme Court, in the case of Municipality of San Miguel Bulacan vs Fernandez, said, funds of local government unite, whether they are deposited in a bank, whether they are in the nature of a special or general deposits are public funds. As public funds, they cannot be garnished unless there is an appropriate, there is a corresponding appropriation ordinance duly tasked by the Sanggunian of the local government unit concerned, appropriating that money in order to satisfy the money judgment.
• P.23. If it is a local government unit, there has to be an appropriation ordinance. If it is a national government unit that is sued and is made liable under a judgment, then the consent has to be found in an appropriation law, a law appropriating the amount in order to satisfy the money judgment, that is your consent.
• P.24 Here, Municipality of Makati vs CA, a writ of mandamus will lie not only to compel the Sanggunian to act but to pass, to pass an appropriation ordinance. It is a writ of mandamus that will compel not only the exercise of the discretionary power but even the discretion itself.
• p.25. A police power legislation, legislation passed in the exercise of police power may be given retroactive effect.
• P.26 there has to be some kind of rational basis for choosing the subject of police legislation.
• P.27. This means that because you restrict this, you therefore, accomplish this. So, the SC, there being no causal connection between the means employed and the objective sought o be accomplished, the law is therefore, an invalid exercise of the police power.
• P.41. What are the conditions for the grant of Emergency powers? There must be was or other natural emergency. Second, the exercise of the power shall be for a limited period. It shall be for a limited period as limited by Congress in the law granting the power to the President but in no case shall the grant of the power exceed the emergency itself. Third, the exercise of the emergency powers by the President shall be subject to the conditions, terms, restrictions imposed by Congress found in the law delegating the emergency powers. And of course, when the President exercises delegated emergency powers, the President is bound again by the Constitution to exercise this, or to exercise only such powers as are necessary and proper in order to carry out a declared national policy.
• Same. Because of that, our constitution provides that now Congress can withdraw the grant of emergency powers only by a resolution, a resolution does not require approval of the President.
• P.43. The potential question is of course, if there should be a conflict between a Public International Law principle and Municipal Law or law of the Philippines, which will prevail? This is from the point of view of Philippine Law and Philippine Constitutional Law, so, if a Public International law principle should be in conflict with the Philippine Constitution, it is the Philippine Constitution that will prevail.
• P.46Equality of Men and Women. Sec 14, on the rule of women and the fundamental equality of men and women before the law.
• P.49. Local Autonomy. Local autonomy is simply decentralization. It does not mean that local governments will become an imperium in imperio.
• P. 51. Requisites of Substantive Due Process. First, the interest of the public in general as distinguished form those of particular class required the passage of the law or the issuance of the administrative rule or regulation. Second, the means employed… must be reasonably necessary for the accomplishment of the purpose and not duly oppressive on the individuals.
• P. 54. Appeal and Due Process. While appeal is accepted not to be a part of due process because the right to appeal is granted by statue, nonetheless, where there is a law that grants the right to appeal, denial of the right o appeal without any valid basis would constitute a denial of due process.
• P.55.Probable Cause. The exception to the rule of probable cause is in the matter of violations of the Dangerous Drugs Act considering that the offenses punished under the law are so inter-related.
• P.58 Particularity of Description. A John Doe warrant is a valid warrant, provided that the warrant of arrest contains a description of the person to be arrested who is, because his name is not known, who is now denominated as John Doe. The description persona, the description of the person to be arrested.
• P.58 same. The Supreme Court said the warrant is in the natire of a general warrant and therefore, it is an invalid warrant
• P.59 Search Warrants. But when the searching party goes to the house and they find nothing listed in the search warrant. As they are about to go, they notice that there is a car parked along the street in front of the house. Can they search the car in front o the house? There is no garage. They can’t search the car because it is not an extension of the house.
• P.59 General Warrants. The SC said the search warrant is severable. And so, while it may be invalid with respect to shabu and paraphernalia for shabu, it is valid for the guns.
• P.61 Warrantless Arrest. When an offense has just been committed and there is probable cause to believe based in personal knowledge of facts or other circumstances that the person to be arrested has committed the offense.
• P.61. Warrantles Searches; Valid Waiver. Just like any right, the waiver must be made voluntarily, willingly, and intelligently. That is, there must be a right. The person who waives mut know that such a right exists and that he has such a right, and he willingly and volutariyly waives that right.
• P.62 same. The ruling in Anyag vs Comelec is this, consent under coercive circumstances is not valid consent at all.
• P 62.same. in People vs Damaso, consent of waiver must be made by the person whose right is being violated.
• P.63. In Varoy vs Layage, even when consent is already given, the scope of the consent may be limited
• P.64. Search as an Incident to a Lawful Arrest. Jurisprudence on the matter tell us that when as search is made as an incident to a lawful arrest, the search must be made contemporaneous with the arrest which means at or about the time the arrest was made. And the search is made only within a permissible area of search, which refers to the place within the control of the person.
• P.66. Plain View Doctrine. The peace officer or government agent, must have a valid reason to be in the place where he is. Second, without actually conducting a search, he chances upon or stumbles upon a prohibited item. Number 3, the prohibited item is in plain view, it is open to the eye and hand. And number 4, the plain view doctrine justifies the seizure.
• P.70 O’brien test. First, the act must be within the constitutional power of govt. second, the act must be intended to further a substantial governmental interest. Third, the govt interest sought to be promoted must not be related or suppression of freedom of expression. And fourth, the incidental restriction or restraint on freedom of expression must be limited to what is only essential or what is necessary to promote govt interest.
• P.70 Challenge of Government Act. A person may not go to court to question the constitutionality of the governmental act even if he himself may not be injured by the governmental act, but that others nay be so injured. Even as to himself, the act is not unconstitutional with respect to others because on its face, it is unconstitutional, then he may validly challenge the same.
• P.72 Freedom from subsequent punishment. The SC said the determination of what is obscene or what is pornographic is a judicial function. And so it is not valid to say that magazines said to be pornographic can be confiscated at will.
• P. 74. Clear and present danger rule. Under the clear and present danger rule, the expression must be of such a nature that it will pose a clear and present danger of an evil, which the state has the right to prevent. The degree of imminence must be great.
• P. 74. Clear and present danger rule. Speaker attacking the govt. Under the dangerous tendency rule, definitely, the speaker can be convicted. Under the clear and present danger rule, you have to look at the circumstance surrounding the speech. 10,000 in the audience. All of them children, 6 years old and below.
• P.74. Right to Peacable Assembly. Under the Public Assembly Act, there are rules relative to the acquisition of a permit for the use of a public place in order to conduct an assembly and the law provides that when the assembly is to be held in a private place or if it is to be held in a freedom park or in the campus of a government owned educational institution, then there is no need for a permit from the Mayor, otherwise a permit is required.
• P.75. Right to Peacable Assembly. Economic rights must be subordinate to the right to peaceably assemble and petition the government for redress and grievances.
• P.75. Right to Peacable Assembly. The Supreme Court they were not being penalized by exercising their right, they were being penalized for being absent from their classes without any justifiable reason.
• P.75. Right to Peacable Assembly. Today the rule is, when a student enrolls in college, he is supposed to enroll for the entire course subject of course to the payment of the school fees for the entire course. That means he cannot be denied re-admission except on 2 grounds. First, academic deficiency, the rules in academic deficiency, however must be published in other words.
• P.76. Right to Peacable Assembly. The second, for denying re-admission to the students is if the students commit a violation of reasonable rules of conduct prescribed by the school.
• P.76. Right to Peacable Assembly. What are these requisites? First, he must be notified of the nature and cause of his alleged violation. Second, he is entitled to answer with the assistance of counsel if required. Third, he must be given access to the evidence against him, access to the documents or to the affidavits that are supposed yo be evidence against him. Fourth, he must be given an opportunity to present evidence in his behalf. And fifth, the investigator, panel, committee should consider the evidence presented. These then are the requisites for the validity.
• P.78. Non-establishment Clause. An ecclesiastical affair is that which pertains to creed, doctrine, worship, such as excommunication of members, ordination of ministers, administration of sacraments.
• P.80.Liberty of Abode and Travel. Alright the right to travel.. the constitution speaks of national security, public safety and public health as limitations as may be prescribed by law or as may be prvided by law as limitations on the right to travel.
• P.81.Liberty of Abode and Travel. Under the Universal Declaration of Human Rights, a person should not at all be prevented from returning to his own native country, even the Covenant on Civil and Political Rights also guarantees a person’s right to return to his own... home-country.
• P.81.Right to Information on Matters of Public Concern. First, information relative to privileged communication rooted in the doctrine of separation and powers. Second, information relating to military or diplomatic secrets. Third, information affecting the national security. And fourth, information relative to investigations conducted by the government into offenses commiited prior to the filing of the corresponding criminal information in Court.
• p.83. Miranda Doctrine. Custodial Investigation takes place when there is a questioning made by the government investigators after the investigation has shifted from a general inquiry into an unsolved crime and has begun to focus on one person or per… or the persons who are now prime suspects as perpetrators of the offense.
• p.83. Miranda Doctrine. Preliminary investigation conducted by the prosecutor is not custodial investigation andso we refer to custodian investigation really as that inquiry, that interrogation that takes place after a prime suspect or prime suspects has or have already been identified and that the investigation now focuses on him or them as the case may be.
• P.84. Right to Bail. When charged with an offense punishable by reclusion perpetuator higher and evidence of guilty is strong.
• P.86. Presumption of Innocence. The Supreme Court said the presumption standing alone cannot prevail over the presumption of innocence.
• P.87. Right of the Accused to be Heard by Himself and Counsel. Right to Counsel during the trial from arraignment through trial and even upon promulgation of judgment cannot be waived
• P.88. Right to be Informed of the Nature and Cause of Accusation. If I, if I were, if I had been a bar examiner, one of the questions I would have asked in the bar exams would have been very simple. One, one sentence in question. May the accused be convicted of an offense other than that which is charged? Explain your answer fully.
• P.89. Right to be Informed of the Nature and Cause of Accusation. The answer, should be first, as a rule no. Because if he is convicted of an offense other than that which is charged, he would be denied the right, the constitutional right to be informed of the nature and the cause of the accusation against him. However, he may be convicted.
• P.89. Right to be Informed of the Nature and Cause of Accusation. Of an offense other than that which is charged if he is convicted of an offense that is necessarily included in the offense charged.
• P.89. Right to be Informed of the Nature and Cause of Accusation. He may also be convicted of an offense other than that, he may also be convicted of an offense other than that or in addition even to that which may be charged, if he does not at all object to the introduction of any evidence to support the additional charge found in the information.
• P.90. Trial in Absentia. On the other hand, after arraignment, if he jumps bail or escapes from confinement, then the Supreme Court said he loses his standing in court. He cannot even invoke the right to appeal unless he comes back and submits himself to the jurisdiction of the court.
• P.92. Right against Self-incrimination. However class, if the accused in a criminal case or the respondent in any of these administrative cases where a penal sanction may be imposed upon him testifies voluntarily, if he testifies then he can no longer refuse to answer questions on cross-examination. In either he can no longer invoke the right against self-incrimination during cross-examination. Except to questions which the answer, the answer to which will incriminate him of an offense other than that for which he is charged.
• P.93. Prohibited Punishments. It does not refer merely to the harshness or the severity of the penalty imposed but to the disproportion between the act punished and the penalty imposed such as to shock the moral sense of the community.
• P.93. Prohibited Punishments. If I were the ah ah examiner, the only question I would really ask here is the constitutionality of the death penalty and it would be in the nature of a composition…
• P.94. Non-imprisonment for Non-payment of Debt or Poll tax. Lozano vs. Martinez in the matter of the constitutionality of Batas Pambansa Bilang 22. People vs. Judge Nitafan on the constitutionality of the Trust Receipts Law, this has been asked in the bar exams twice and of course the law is constitutional according to the Supreme Court because what is punished is not non-payment of an obligation or a debt but is punished is the loss or is the abuse of confidence or the deceit incident of the violation of the Trust Receipts Law.
• P.95. Double Jeopardy. Memorized the requisites for double jeopardy under the first sentence. First there must be a valid complaint or information, second the valid complaint or information must be filed before the competent court, third the accused must have pleaded to the valid complaint or information and fourth the accused must have been convicted or acquitted or the case dismissed or otherwise terminated without the expressed consent of the accused.
• P.95. Double Jeopardy. The third situation contemplated is, where the case is terminated, is dismissed or otherwise terminated without the expressed consent of the accused, it is important that the dismissal be a final or a permanent dismissal because as you very well know, there may be a provisional dismissal by the Court.
• P.97. Double Jeopardy. A was charged for killing B because they were last seen together and B simply disappeared and could no longer be found, circumstantial evidence pointed to the guild of A, ok so he was sentenced to 20 years of prison, after serving 20 years he now goes out of prison and the first person he sees is B and he tell himself, “20 years akong naghirap sa bilangguan sa pagpatay sayo, buhay ka pa pala, papatayin na kita” pinatay nya ngayon. Pinatay nya ngayon, charged with killing B can he invoke double jeopardy, considering the fact that he was charged under a valid complaint or information for before a court of competent jurisdiction to which he pleaded and he was convicted of the offense of homicide, he is now charged again of homicide for killing the very same person for which he had already served sentence.
• P.101. Dual Allegiance. Dual citizenship in section 40 of the Local Government Code should be understood to mean dual allegiance, and dual allegiance would mean that a person owes allegiance to independent sovereign states and dual allegiance pre-supposes voluntariness, allegiance given voluntarily by the individual not cases where by virtue of circumstances beyond the control of the individual, the individual possesses 2 or more nationalities.
• P.102. Dual Allegiance. Any administrative finding of citizenship will not acquire res judicata or preclusive effect that is what Zita Ngo Burca all about, will not acquire res judicata effect unless 3 conditions are satisfied: first, the issue of citizenship is raised as a material issue in an administrative or a judicial proceeding and subjected to a full hearing; second, the Solicitor General or his representatives participated in the proceedings; and third, the finding whether by administrative agency or judicial body is affirmed by the Court. IT is in that sense then class that an administrative determination of Filipino citizenship never becomes final and never acquires res judicata effect.
• P.103. Citizens of the Philippines. And then finally class, there is a class of citizens under the ’35 Constitution that is not found in any of the other Philippine Constitutions, the class of citizens who became citizens of the Philippines by virtue of what is called the Caram provision in the 1935 Constitution.
• P.104. Citizens of the Philippines. Doctrine of implied election
• P.104. Citizens of the Philippines. The answer is yes of course, yes, yes because the determining factor is the citizenship of the mother at the time of her marriage and not at the time of the conception or birth of the child as long as the mother was a Filipino at the time of her marriage then, the child can avail of the privilege of electing Filipino citizenship.
• P.104. Citizens of the Philippines. But legitimation is not a mode of acquiring Filipino citizenship, neither is marriage, although marriage may give rise to the naturalization of a the foreign woman as we will discuss in a little while under Moy Ya Lim Yao vs. Commissioner of Immigration, ‘yon.
• P.105. Naturalization. “If she herself may be lawfully naturalized” means that she does not have to go through the naturalization proceedings, she does not have to go through the naturalization proceedings, wala, all she has to do is file a petition with the Bureau of Immigration and deportation a petition for cancellation of her alien certificate registration.
• P.105. Naturalization. Note than under our law on administrative naturalization, it is not the Court anymore that grants naturalized Filipino citizenship status it is the special committee on naturalization, with the SOLGEN as chairman and the Secretary of the Department of Foeign Affairs and the National Security Adviser as member.
• P.108. Loss and Reacquisition of Filipino Citizenship. In Frivaldo, the Supreme Court said that the effect of repatriation retroacts to the date of filing of the application for repatriation, that’s one.
• P.108. Loss and Reacquisition of Filipino Citizenship. When a person is repatriated he is restored to his original status as a Filipino citizen.
• P.108. Legislative Department. Consider also class, the definition of an indirect initiative where the people petition for the adoption of a law course through Congress, it is indirect in that instead of seeking the direct adoption of the law through an election for the purpose, the people instead go through Congress and would like Congress to adopt that law through the legislative, the normal legislative process provided in Article VI.
• P.109. Senate. And then of course able to read and write that is the mere literacy qualification, able to read and write what… oo. If a person is blind but he knows how to read and write in Braille… Braille, will be qualified for the Senate explain you answer, 1% noh.
• P.110. House of Representatives. Alright the constitution provides that congress shall pass a re-apportionment law within 3 years from return of every census, the census referred to in the constitution is the census on population which is normally undertaken by the government once every 10 years, census on population so.
• P.110. House of Representatives. The principle that the commission on elections cannot exercise the power of apportionment.
• P.112. Commission on Appointments. The Supreme Court said membership in the Commission on Appointments is never permanent. It is never permanent in the sense that it is always subject to the Constitutional provision that membership therein shall be based on proportional representation of the political parties registered in the partylist system represented in the house.
• P.113. Powers of Congress. Plenary legislative power. The plenary legislative power is the power to propose and act, amend and repeal laws.
• P.114. Legislative Process. All of those things, dun pa lang sa persons and family relations pa lang, and so class when you speak of only one subject, that subject refers to a general subject matter and not to a specific/particular subject matter.
• P.115. Legislative Process. So, kailangan the 3 reading must be on separate days.
• P.116. Legislative Process. The Supreme Court has said that when there is a presidential certification to your bill, then you do not have to have 3 readings on separate days. All the 3 readings can be done on the same day. There is no need for the printed copy of the bill in its final form distributed at least 3 days prior to the 3rd and final reading. You can distribute final copies on the same day that you approved the bill on 2nd reading and on the same day you cannot approve the bill on 3rd reading.
• P.117. Legislative Process. 1. President approves the bill. 2. By merely lapse of time. 3. Then of course class, if the President does not want or does not like the bill, then the President vetoes the bill, President shall veto. However, even if the President objections to the bill and then sends the bill back to house of origin along with the veto message. Despite the Presidential veto however, the bill may still become a law if Congress overrides the veto. Overriding the veto will entail a vote of 2/3 of all of the members of the house where the bill originated and then a similar vote in the other house – 2/3 to override the veto. 4. Without the approval of the President, without any presidential action.
• P.117. Legislative Process. This bill shall be deemed certified by the President, it shall be deemed certified by the President and after approval on third reading by both Houses, shall automatically become law.
• P.118. Appropriation Law. What is an appropriation law? It is a law, the primary and specific purpose of which is to authorize the release of funds from the public treasury.
• P.118. Appropriation Law. The General Appropriation Law is that which is based that law passed by Congress based on the budget submitted by the President of the Philippines and it is intended for the financial operation of government for an entire fiscal year.
• P.119. Appropriation Law. 2 constitutional limitations on special appropriation law. First, the measure itself. The law itself must provide the specific purpose for which the appropriation is to be spent. Second, the law must be accompanied by a certification of the national treasurer that there are funds available for the purpose.
• P.119. Appropriation Law – Limitations; Guidelines. First, the constitution provides that the Congress cannot increase the appropriation recommended by the President for the operations of the government for the fiscal year.
• P.119. Appropriation Law – Rider. A rider in a general appropriation law is a provision in the GAA that is, does not refer to any specific appropriation item.
• P.120. Principle of Automatic Reappropriation. Impoundment is the term given to the refusal of the President to obligate or to spend money appropriated already for whatever reason.
• P.120. Principle of Automatic Reappropriation. And then of course the matter of budgetary reserves under the Administrative Code of 1987, there is a provision that authorizes the President through the budget secretary not to release in full the amounts appropriated for purposes of, to be called budgetary the amounts reserved are called budgetary reserves.
• P.120. Principle of Automatic Reappropriation. Class the veto must be normally a veto is a veto of the entire law.
• P.120. Item Veto vs. Line Veto. A legislative veto is a means by which Congress may block or modify administrative action or executive action taken in the implementation of the measure.
• P.121. Item Veto vs. Line Veto. However, the Supreme Court did not declare this unconstitutional. Ang sinabi lang ng Supreme Court “however, such a provision should be contained in a separate substantive law not in the GAA itself. Should be contained in a separate substantive law. Therefore the veto made by President Ramos was held valid because this is an inappropriate provision in the General Appropriations Act, considering that such a provision should be contained in a separate substantive law.”
• P.121. Power of Taxation. What are the requisites however for the validity of such legislative inquiry or legislative investigation? One, the investigation must be in aid of legislation. Two, the investigation must be conducted in accordance with duly published rules of procedures. And three, the rights of the person affected by such investigation must be respected.
• P.121. Legislative Investigation. Yes, of course. But he can invoke the same only when the question calling for an incriminating answer is asked because such a person is called in an investigation as a witness and not as a respondent for example.
• P.122. The President. So the President of the Philippines. The Executive power of the government is vested in the President of the Philippines. What are the qualifications for President? Natural-born Filipino citizen, on the day of the election at least 40 years of age, able to read or write, a registered voter, a resident of the Philippines for at least 10 whole years immediately preceding the election. Remember these are the same qualification for your Vice-President. Why? Because your Vice-President could at any time be your President.
• P.123. Privileges. This immunity cannot be invoked by 1 whose term has expired or who is no longer President even if he is called to account for acts committed by him while he was President of the Philippines.
• P.123. Privileges. The Secretary of Education cannot claim the immunity that is granted to the President because as we earlier said, the immunity granted is personal to the President of the Philippines and it is not enjoyed by alter egos of the President of the Philippines.
• P.123. Temporary Vacancy; Rules of Succession. So itong temporary vacancy, class the rules on temporary vacancy found in the constitution are rules copied from the United States.
• P.123. Temporary Vacancy; Rules of Succession. If the majority of the members of the cabinet
• P.124. Powers of the President. Distinguish this from the Office of the President at large, on the whole which includes all of the departments of the government. While indeed the President has indeed plenary authority to abolish, merge, consolidate offices, agencies and positions in the office of the President proper, there are limits to the power of the President to reorganize all of these departments, agencies, etc. but in that case also, the Supreme Court said that the President may delegate this power to reorganize.
• P.124. Powers of the President. Where the President of the Philippines refuses to implement, to enforce or to execute a law, will this mean culpable violation of the constitution which will be then be a basis of complaint for impeachment? That is possible.
• P.124. Power of Appointment. Appointment as you very well know is the selection by the authority having the power of an individual who is to perform the functions of a given office.
• P.126. Power of Removal. However class, note first in the members of cabinet, members of the cabinet while the President can replace them at any time, what happens if a cabinet member is replaced is not removal but expiration of term.
• P.127. Constitutional Limitations on the Power of the President to Appoint. But the Supreme Court said that this prohibition found in the constitution does not apply to local executives. So mayors and governors may issue valid appointments even during the 2, no even during, just before the term ends. Of course, the appointments made 2 months before the elections, the normal prohibition is 45 days before the election in the case of other government offices. In the case of the President is 2 months before the elections and all the way up to the end of the term.
• P.127. Other Powers. Conduct unbecoming of an officer and a gentleman charged before a court martial duly created under the authority of the president of the Philippines. The 50 members of the military establishment are exonerated by the court martials. May the President reverse the decision of exoneration and declare them guilty and impose a penalty of 10 years of hard labor?
• P.127. Other powers. And so he declared, aba hindi pa tapos yan, hindi pa tapos yan ah the decision of the court martials is subject to review of the President of the Philippines. Because the court martial is precisely an agency of executive character and is subject to the exercise of the power of control which the president wields over the entire Armed Forces of the Philippines, as it were.
• P.128. Other powers. Invasion when public safety requires it and rebellion when public safety requires it.
• P.128. Other powers. The inquiry that the Supreme Court can do with respect to the proclamation is limited to the sufficiency of the factual basis.
• P.129. Other powers. For our purposes, the important things to remember from the standpoint of constitutional law are first the discretion vested in the president of the Philippines. Nobody can compel the president to issue a pardon.
• P.130. Other powers. First, the president cannot pardon a person declared or found guilty in an impeachment case.
• P.130. Other powers. Second no pardon shall be issued in favor a person convicted of violation of election laws unless there is a favorable recommendation made by the Commission on Elections. Third, note that a pardon may be issued only after a final conviction.
• P.130. Other powers. Fourth, a pardon shall not relieve a person for any of liability for legislative contempt.
• P.130. Other powers. Number 5, a pardon shall not relieve a convict of civil liability.
• P.130. Other powers. Finally a pardon shall not restore public offices forfeited.
• P.130. Other powers. That plenary pardon made you eligible to be appointed again. But you are not eligible to be automatically reinstated.
• P.131. Other powers. The SC said no, there is no need for your to be convicted. When you accept the conditional [pardon you a re entering a contract with the President of the Philippines. By entering that contact, you give to the President of the Philippines the authority to determine whether or not you have really committed a violation of the conditions attached to the pardon.
• P. 133, The Judicial Power. The of course, yung decision nila dyan, that the penalty to be imposed on the erring judge is dismissal from his service that the Supreme Court must decide the case en banc. Majority of the members who participate in the deliberation and who vote thereon but it is to be decided en banc where the penalty to be imposed is dismissal from the service or separation from service.
• P 134. July 15 –16. Because under the administrative code, a superior officer shall be held liable for the unlawful, negligent or malicious acts of his subordinates only if he is authorized in writing then doing of such an act. There is no such thing as command responsibility except perhaps in the military.
• P. 135. Private Lands. The citizenship of the corporation sole is not the citizenship of the bishop or a high priest.
• P. 139. Education, Science and Technology, Arts Culture and Sports. 1.) the student is entitled to know, has the right tot know the nature and cause of the accusations against him; 2.) he has the right to answer with the assistance of counsel if desired; 3.) he has the right of access to the evidence against him; 4.) he has right to preset evidence in his behalf; and 5.) the body, committee panel, investigator must consider the evidence presented.
• P. 139. General Provisions. Congress passes a law changing the name of the Republic of the Philippines to Bayan Ng Maharlika, is the law valid? Explain.
• P. 140. Powers of Administrative Bodies. Determinative Powers and Incidental Powers.
• P. 141. Same. The enabling powers, the directing powers, the dispensing powers, the examining powers and the summary powers.
• Same. The Issuance of license is part of the mayor’s power.
• Same. Example of directing powers is making Assessments or the bureau of customs.
• Same. But perhaps even now, we should consider the case of Guevara v. COMELEC, the Supreme Court said that the power to punish contempt is essentially a judicial power; however, an administrative agency may by law be granted the power to punish contempt. However, even when the law grants an administrative agency the power to punish contempt, that power can be exercised only by the agency when the agency is engaged in the performance of quasi-judicial functions.
• Same. Accordingly, in the case of COMELEC for example, the Commission on Elections has quasi – judicial powers. It is, the COMELEC, supposed to be given original exclusive jurisdiction over all prep proclamation contests. The COMELEC. The COMELEC has exclusive jurisdiction over all cases relating to election returns, qualification of regional, provincial and city elective officials.
• Same. Then the summary powers refer to powers of certain administrative agency to apply compulsion or force upon persons or things without the necessity of judicial warrant.
• P. 142. Kinds of Administrative Rules and Regulations. Detailed legislation, interpretative legislation, and contingent legislation.
• P. 143. July 17, 2004. Preclusive effect.
• Same. There can no res judicata where the amount of benefits given to the employee are less than those provided by law.
• P. 144. Exhaustion of Administrative Remedies. The doctrine says that when a party agreed by an administrative decision, has still other available administrative remedies, he may not seek judicial recourse until he shall have exhausted all such administrative remedies.
• Same. The doctrine of finality of prior resort and the doctrine of finality of administrative action.
• P. 145. Same. The doctrine of qualified political agency.
• Same. Two exceptions, were the law itself provide it inasmuch as the President himself who issued the Presidential proclamation, appeal to the President would be complete exhaustion of administrative remedies.
• Same. The administrative agency invoking the doctrine of estoppel.
• Same. Where the issue is a pure question of law.
• Same. Administrative action will result in the nullification of the claim.
• Same. There is violation of due process of law.
• P. 146. Same. Where the administrative action is patently illegal.
• Same. The basis even as class in the old, in American jurisprudence, Congress can deny resort to the court. In other words, Congress can provide that he decision of the administrative agency shall be final, executory and unappealable, that is no longer possible today under the Constitution where there is involved the exercise of quasi – judicial powers because the exercise of quasi – judicial powers entails the exercise of discretion by the agency vested with the quasi – judicial powers and under Section 1, second paragraph of Article 8, the definition of judicial powers includes the power to determine whether or not there has been a grave abuse of discretion amounting to lack or excess in jurisdiction on the part of any agency of instrumentality of the government.
• Same. Board of Commission CID v. Judge Dela Rosa; Commendador v. De Villa
• Same. However, questions of fact may be raised if the law itself provides the questions of fact may be validly raised. Second, when there is fraud, imposition or mistake, other than error of judgment in the evaluating the evidence, or were there is a mistake or error committed in the appreciation of the pleadings, or in the interpretation of documentary evidence.
• Same. The brandized doctrine of assimilation of facts, were what purports to be a question of a finding on the question of fact is so intimately related with, or dependent upon a question of all as to be in substance and effect a decision on the latter, then the court may go over the records and the evidence and therefore, rule even on the question of facts.
• P. 147. Tenure. Tenure is supposed to be the period of time by which the public officer actually holds office. While term is the period of time by which the public officer is entitled to hold office.
• Same. Right to Salary. The salaries of public officers before they are paid to the public officer himself are free from garnishment.
• P. 148. Salaries or Compensation of de facto Officers. Also goes into the matter of qualifying for the office so that even if an accountable officer has already taken the oath of office, if he has not yet posted his bond, that requirement may go into the title that he has over the office. He may not be a de jure public officer; he may only be a de facto public officer until after he has fully qualified by posting the bond, alright.
• Same. Qualifications. In the case of Constitutional offices.
• Same. In the case of statutory public office. One that the prescribed qualifications must be germane to the duties attached to the office and second, that the prescribed qualifications must not be specific as to fit an identifiable individual because were such a provision in the law is included, it is in effect Congress that is appointing or exercising the power of appointment to the given office.
• P. 149. Same. That the prescribed qualification must not be unconstitutional, it must not violate the Constitution.
• P. 150. Disqualification. Elected official cannot be appointed to any other office during their tenure.
• Same. In their case, they may not hold any other office in the government, unless otherwise provided by law, unless allowed by the law in fact or by the primary functions of their office, alright.
• Same. First, allowed by law and second, allowed by the primary functions of the office unless otherwise allowed by the Constitution.
• P. 151. Specific Disqualifications. So, President, Vice President, members of the cabinet, undersecretaries, and their assistants are prohibited from holding any other office in government during their tenure of course.
• Same. Incompatible office.
• Same. For members of the Judiciary, Justices of the Supreme Court and Judges of lower courts, the prohibition is against being designated to any position in government performing quasi- judicial of administrative functions.
• Same. Constitutional Commission members, the Ombudsman and the deputies are prohibited from holding other office during their tenure, of course. Then, the ombudsman and deputies may not be candidates for public office in the election immediately succeeding their cessation from office. Members of the Constitutional Commissions should not have been candidates in the election immediately preceding their appointments.
• P. 152. Requisites. 1.) There must be a validly existing office; 2.) The officer must have the physical position of the office; 3.) What makes him only de facto because instead of having full, legal, valid title to the office, he has only color of title, he does not have a valid title to the office.
• Same. Situations that give rise to color of title: 1.) by reputation and acquiescence; 2.) under a known and valid appointment or election but he does not conform with a duty mandated by law, such as, precisely qualification; 3.) under a known election or appointment, void election, void because either the appointee or the party elected is ineligible of ineligibility, or there is want of authority on the part o electing or appointing authority, or there was an irregularity in the appointment or in the election provided that such ineligibility , such want of authority, or such irregularity is not know n to the public; 4.) under a known appointment or election, void, because the election or the appointment is made pursuant a an unconstitutional law before the law is declared unconstitutional.
• Same. Entitlement to Salaries. When the de facto officers co – exist with the de jure officer, such as the de facto officer physically ousted the de jure officer from the office and the de facto officer assumed office, stated functions, etc, then the de facto public officer is not entitled to the emoluments attached to the office. He is under the obligation to give the salaries and other emoluments to the de jure officer.
• When there is no de jure public officer, the de facto officer is entitled to the salaries and emoluments of the office because he has been or is performing the functions of the office.
• If the fellow being made to pay is a de facto public officer then he cannot be made to pay, he is entitled. But if he is merely a usurper then he may be made to pay, or to refund, or to reimburse or to deliver to the winning candidate whatever that it was he received by way of compensation, salaries or other emoluments incident to the office.
• P. 154. Commencement of the Official Relations. Appointment is the selection by the authority having the power of an individual who is to perform the functions of a given public office. It is distinguished from designation, in that officially, is merely the grant of additional duties to one who is already in public office.
• Same. Appointment. When designation is used to convey an appointment instead of merely giving additional duties to one who is already in public service, when designation is the term used to the issuance of the appointment, then, it has always been held to mean temporary appointment, not a permanent appointment.
• P. 155. July 20, 2004. Notice the distinction between permanent and temporary in the matter of security of tenure were one is appointed to a permanent, permanently appointed to a position in the government, in the Civil Service, one enjoys security of tenure and that means he cannot be suspended or dismissed except for the cause, anyone of the causes prescribed in the Civil Service Law or repeated in the Administrative Code and only in accordance with the procedure prescribed by the Civil Service Code. But only if you are a temporary appointee, then you can be terminated at anytime, except, yung ating sinabi na may specific period for the temporary appointment.
• P. 156. Same. a petition quo warranto filed in court to protest the validity of an appointment in the Civil Service by a person who claims to be, to have a better title to the position, will not lie. The Court cannot entertain that petition for quo warranto.
• Same. Automatic reversion rule under the Civil Service Law. The automatic reversion rule, maraming appointments, simultaneous promotion on appointments.
• P. 157. Classes of Civil Service. Career and non – career service.
• P. 158. Same. In both cases, the Supreme Court said the requirements for acquiring security of tenure in career executive service are: 1.) acquisition of the appropriate, of the corresponding career executive service eligibility; 2.) appointment by the President to the career executive service rank.
• P. 159. Same. Elective officials and their confidential staff, heads of departments, cabinet ranks and their confidential staff, chairman, commissioners with, those with appointed for specific term and their confidential staff, and then contractual personnel, except, that there, the law comes in and says, that contractual personnel appointed and falling within this non-career service are those who possess certain skills or knowledge not available in the agency.
• P. 160. Same. This is merely an exclusive determination, executive or legislative determination which is not binding on the courts because the SC said, the primary factor in determining whether a position is primarily confidential is still the nature of the functions of the position, nature.
• P. 160. Promotion. Promotion is the movement within the same agency, movement from one position to another that entails additional duties, additional responsibilities and as a rule also is accompanied by increases in salary and compensation.
• Same. This is also known as the next in rank rule which provides that generally the officer holding the position next in rank shall be given preference in the matter of promotion whenever the position next higher in rank shall be vacated.
• P. 162. Retirement Benefits. For those in government service, terminal leave benefits, terminal leave benefits are benefits from accumulated leave credits. The rule is the payment of your terminal leave benefit credits shall be based on the highest salaries you have received.
• P.165.Impeachment. Deemed Ipso facto resigned, it does not matter apparently if later he withdraws his certificate of candidacy because it is supposed to be the filing of the certificate of candidacy that will toll the termination of the official relationship.
• P.165.Impeachment. The hold over principle states that a public officer may continue to hold office even after the expiration of a term of office until his successor shall had been duly elected or appointed and shall have qualified.
• P.166.Impeachment. We have the case of Licaros vs. Sandiganbayan. However, where the Supreme Court justified the hold over of a Sangguniang Kabataan Chairman because of the failure on the part of the successor to take his oath and to qualify for the position, justifying the hold over. Because according to the Supreme Court, there was no express or implied prohibition against hold over.
• P.167. Resignation. So, two basic requisites for a valid resignation. Number one, voluntariness. Second, acceptance by competent authority.
• P.170. Preventive Suspension. And consider that while transfer as a rule, transfer of a public officer or employee constitutes a violation of security of tenure, nonetheless, transfer may also be a penalty imposed on the erring public officer or employee.
• P.171. Preventive Suspension. Accomplishment of the purpose for which the public office created.
• P.171. Preventive Suspension. And if one is absent without leave for a period of 30 days under the Civil Service rules, his name may be stricken off the roll of employees of public officers.
• P.171. Preventive Suspension. Acceptance of an incompatible office.
• P.171. Preventive Suspension. Abolition of office. Who has the power to abolish government offices? Congress.
• P.171. Preventive Suspension. The common standards of simplicity, economy and efficiency in government service to justify the abolitionof a number of offices or positions in certain government offices.
• P.174. Election Laws. Provided, however, that all election cases including pre-proclamation cases shall first be taken cognizance of and resolved by the Commission on Elections in division. Provided, however, that the motion for reconsideration shall be resolved by the Commission En Banc.
• P.174. July 21, 2004.All cases appealed from the municipal of the Municipal Trial Court, all of these cases including pre-proclamation cases must be decided by the Commission in division before it can be decided by the Commission En Banc. However, the Supreme Court has sustained the contention of Commission En Banc that in the matter of correction of a manifest error, the matter can be taken cognizance of directly by the Commission En Banc, even if the correction of the manifest error may involve what may be an issue in a pre-proclamation contest.
• P.175. July 21, 2004. When in election cases, it entails the use of quasi-judicial powers of the COMELEC because kung purely administrative matter, hindi kailangan na it must first be heard, decided, in division before it is decided by the Commission En Banc, pag purely administrative, hindi quasi-judicial.
• P.175. July 21, 2004. Because if the COMELEC En Banc simply acted within its own purely administrative, acted in the exercise of purely administrative powers then you do not go to the Supreme Court on a petition for certiorari. You go to the appropriate court of general jurisdiction or a tribunal that has primary administrative jurisdiction.
• P176. Commission on Elections. The 2nd constitutional powers and functions of the COMELEC is precisely the authority the commission has over election cases and the constitution provides that the COMELEC shall have exclusive original jurisdiction over all cases involving the election returns and qualifications of regional, provincial and city elective officials. Exclusive original and exclusive appellate jurisdiction over cases involving ER and qualifications over municipal as well as barangay elective officials.

A Yellow amid Red

2009-08-03T23:33:00.004+08:00

One of my bosses underscored our sore lack of 'close encounters' with former President Corazon C. Aquino. Only had one such encounter with former president - during the campaign for the 1986 Snap Elections. I never had the chance to write this singular memory down, save for now.

There are some childhood memories that remain vivid, even as we age. It was a Saturday morning and there was a truck that was being set up to be a makeshift stage in the huge vacant lot in front of the old house (where a Petron gasoline station now stands). I remember watching by the window a bit annoyed that the preparations outside were getting in the way of my Saturday morning cartoons. And then we saw her - wearing her signature yellow and being helped up the truck. I do not remember anything else, save that she glanced in our direction and smiled.

It would have been an ordinary campaign scenario - save that it was in 1986 and the lady in yellow was in the heart of Ilocos, where red reigned supreme. I still do not understand history – perhaps I may never will - but to a child then, seeing a Yellow amid Red taught her lessons she hoped to be worthy of one day.

3rd ANC Leadership Forum on 28 July 2009

2009-07-23T11:50:00.000+08:00

Talakayan 20.10 Leadership Forum on Education Reform

2009-07-01T09:39:00.000+08:00

From The Talakayan 20.10 Team:

The Movement for Good Governance is extending a special invitation to all Pinoy bloggers who would like to blog live from our Talakayan 20.10 Leadership Forum on Education Reform today, July 1, from 5:00-7:00 PM at the AIM Conference Center in Makati.

There will be a special area for bloggers and free internet access will be provided so that you can update your Twitter, Plurk, Facebook, WordPress, Blogspot or whatever blogs/social networks you're currently using. Let your followers know what you think of the discussion as it's happening! Tweets about the forum will be tagged #educ2010 and a screen dedicated to live Twitter updates will be flashed during the event.

To reserve your slot or for further information, please send an e-mail towedeservebetter.ph@gmail.com or a text message to 0920-9061148.

MERALCO's Fountainhead

2009-06-08T22:12:00.003+08:00

Thoughts from more than a year ago:

I have been trying to read on the current GRP-MERALCO issue in an attempt to understand all the hype that has surrounded it. I am failing miserably though. I wish I had paid more attention to my economics class.

Still, for some reason, this struggle for power reminds me of Ayn Rand's novel The Fountainhead and the lines of its main protagonist, Howard Roark:

I came here to say that I do not recognize anyone’s right to one minute of my life. Nor to any part of my energy. Nor to any achievement of mine. No matter who makes the claim, how large their number or how great their need.

Emphasis mine.

With how the Government is orchestrating things, the Lopez stance has become almost Howard Roark-ish. Amado Doronila is right - this Government is waging a battle of "failed ways." This orgy has to stop. Else, we may as well join the exodus out of the Philippines as our final "act of loyalty" - as Ayn Rand put it, a manifestation of our "refusal to live or work in what has taken its place."

Who will be the next Philippine president?

2009-06-02T19:20:00.011+08:00

Reposting from #ANC:

THE SEARCH FOR THE NEXT PHILIPPINE PRESIDENT HAS BEGUN ON ANC

ROUND ONE

Escudero vs. Gordon vs. Panlilio vs. Roxas vs. Teodoro

Five presidential aspirants gathered for the first time to prove they have what it takes to hold the highest position in the land.

Here's what they said

at the "Countdown to 2010: An ANC Leadership Forum"

last May 11 at the Ateneo De Manila University.

Francis Joseph "Chiz" Guevara Escudero

Age: 39

Birth Date: October 10, 1969

Vision of Governance: The next leader should be an effective change agent. He or she must follow and enforce the law. Can he or she also inspire us?

On President Arroyo's positive contribution to the country. "Dahil sa ilang pag-aabuso sa batas, dahil sa ilang paglabag sa batas, dahil sa ipinagkait sa marami sa ating mga kababayan at hirap na dinaranas ng ating mga kababayan...minulat at ginising niya at marahil sa ilang parte ginalit niya ang maraming Pilipino para seryosohin ang kanilang pagpili ng susunod na pinuno natin."

On the last movie he has seen. "You watch a movie not to feel depressed, you watch a movie to be inspired and to be encouraged. Kung kaya, ang huli kong pelikulang pinanood ay 'Kasal, Kasali at Kasalo' nina Juday at Ryan."

On the 2010 national elections."Inaangkin na namin ang halalan na ito. Inaangkin na namin ang pamahalaang ito. Di na naming hahayaang maging sunod-sunuran na lang kami dahil ang aming paniniwala sa ngayon, ang kabataan hindi lamang pag-asa ng bayan, ang kabataan dapat maasahan na ng bayan."

Richard "Dick" Juico Gordon

Age: 63

Birth Date: August 5, 1945

Vision of Governance: What this country needs is not a change of men but a change in men.

On President Gloria Macapagal-Arroyo. "Masinop mag-aral, may work ethic. Ang sabit niya ay sa governance…You have to be resolute in so far as your leadership is concerned. That I think is something na nagkulang siya."

On how he will make a difference as a president. "Baguhin ang attitude. Aim high. Mag-ambisyon tayo. Bawal ang tamad—work ethic. Lalong bawal ang tanga—mag-aral tayo. Duty muna bago ang sarili. Dignidad at determinasyon—ginawa namin sa Subic iyon."

On why he admires his father former mayor James L. Gordon. "He was a man born an American, but elected to be a Filipino… Pardon me if I'm getting emotional because sa tingin ko maraming hero sa mundo but you have to live your heroism not during your death but during your whole life. Sapagkat iyon ang nakita ko (sa kaniya)."

Eddie "Among Ed" Tongol Panlilio

Age: 55

Birth Date: December 6, 1953

Vision of Governance: Stand up against bad governance, social ills of jueteng and quarrying abuses.

On the factors that will make him run for national office. "If the people would like me to run, feel, believe that I should run for the presidency or for the vice presidency, kung tutulungan ako, then I might go for it."

On his "unpleasant" relationship with Pampanga politicians.

"Well, I would say that, also many like me...I believe deep in my heart, it is the people who espouse bad politics who hate me. Remember, I was able to curb…at least to minimize corrupt practices in my sphere of influence."

On his stand on the issue of family planning. "I believe we should address this in a spirit of dialogue, and I don't believe we have dialogue that much…This issue is connected with poverty, with lack of education, so we might be negotiating and debating up there but the underlying causes are not addressed. So I believe these should be addressed first."

Manuel "Mar" Araneta Roxas II

Age: 51

Birth Date: May 13, 1957

Memorable Quote: Do I want change for our country? The answer is yes. Do I think I can do a better job? The answer is yes.

On the state of the country today. "Our nation today is on a platform or a foundation of sand. Hindi tayo nakapatong sa matibay na bato ng moralidad at katarungan. Kaya kahit anong pera na gastusin natin sa budget nitong taon na ito…kahit anong pagsisikap ng ating mga kababayan, hindi pa rin tayo makabuo, wala pa rin tayong napapala, o di kaya naman, hindi tayo umuusad."

On the issue saying he's just using Korina Sanchez. "Mahal ko si Korina. Matagal kaming nagsama—limang taon. Nagkakaintindihan kami, may pangarap kami para sa isa't-isa at matibay an gaming samahan. Tulad ng sinabi mo, mga kritiko ko ang nagsasabi noon. So, inggit lang sila."

On the global financial crisis. "Ang bawat bansa ay pinoproteksiyonan ang kanilang bawat interest. Iyan din ang dahil kung bakit noong ako ay nasa DTI (Department of Trade and Industry) ay hindi ako sumang-ayon na matuloy itong Doha Globalization Round. Bumoto ako na itigil ito dahil pinagsasamantalahan tayo. At iyan naman ang aking track record. Sa bawat pagkakataon na maaaring manindigan, doon ako parati kampi sa api."

Gilberto "Gibo" Cojuangco Teodoro Jr.

Age: 44

Birth Date: June 14, 1964

Vision of Governance: The Philippines must be a stable platform of investment, with strong institutions, peace and order, and the efficient delivery of basic goods.

On the "Cojuangco" factor. "Kung may sense po at nasa batas at nasa lugar ang kanilang (Cojuangco relatives) mga suhestiyon sino ba namang tututol. Pero kung hindi po nasa lugar, kaya naman po nating tutulan iyan at napatunayan na po natin iyan."

On amending the Philippine Constitution. "Ang aking pananaw, hindi lang kailangan ng values or renewal of values or pananaw. Institutions shape behavior. It motivates behavior. And I think our institutions, time and again, people have said they need to be changed."

On being associated with an "unpopular" president. "Hindi ako takot maging John McCain. Dito ako naninindigan, dito ako naninilbihan… Hindi naman ako isang tao na maninilbihan—sumisilong sa isang bahay—na ikinahihiya ko ang bahay na tinitirahan ko. Hindi ako ganoong klase ng tao… no matter what one says for or against any other administration, history will be the judge."

AND THE SEARCH CONTINUES...

ROUND TWO

"Bridge the Gaps between Law and Justice"

2009-04-29T15:56:00.002+08:00

Excerpts from Supreme Court Justice Carpio’s address to the U.P. Law Class of 2009 on April 27, 2009:

In 1975, some thirty-four years ago, I too was a graduate of the UP College of Law. I was also seated in an auditorium like this listening to our graduation speaker. Looking back, what would have I wanted then as a young law graduate to hear from our graduation speaker?

With the benefit of hindsight from almost 34 years in the practice of law, as private practitioner, lecturer in the UP College of Law, counsel to the President, and Justice of the Supreme Court, there are six advices I would have wanted to hear in 1975 from our graduation speaker, and which I now humbly offer to you, the Class of 2009.

1. Defend and Protect the Constitution

My first advice is you must, as law graduates and as future lawyers, defend and protect the Constitution at every opportunity. This means you must keep abreast with developments on Constitutional Law, no matter what field of law you practice. As you start your practice, be it labor, corporation law, or litigation, you will tend to ignore developments on Constitutional Law. That is a mistake. Without the civil liberties in the Constitution, you cannot freely practice any field of law. The fundamental rights in the Constitution allow you to practice other fields of law. Without these fundamental rights, the practice of law will be self-demeaning.

I started my law practice during martial law, and for a young lawyer then the legal environment was bizarre. There was a wide gap between law and justice, between the guarantees of the Constitution and the reality on the streets. Many things I learned in law school were irrelevant. The noble and majestic words I read in Supreme Court decisions appeared written for a different country and time, not for the Philippines at that time.

We must not return to those dark days. We must not live through those suffocating years again. That is why everyone who has studied law has a duty to defend and protect the Constitution, especially the civil liberties enshrined in our Constitution. Whenever and wherever our civil liberties are threatened, be the first to oppose those threats, because those threats not only prevent the honest and dignified practice of law, they also menace our fundamental rights as human beings.

When you practice law, you may be enticed by politicians who dream to be dictators to help them rewrite the Constitution for their own benefit. Resolutely fight and oppose such moves, even at the risk of losing your job or clients.. Always remember that the Constitution is written for the benefit of the Filipino people, not for the benefit of one man or one family. No politician, no government official, not even the President of the Philippines, is larger or more important than the Constitution.

2. Preserve the Independence and Integrity of the Judiciary

My second advice is you must preserve the independence and integrity of the Judiciary. If you want the judge to render a fair and impartial decision, regardless of who the parties or lawyers are in a case, then you must insure that the Judiciary remains independent and honest. If you want a level playing field in the practice of law, then you must work hard for an independent and honest judiciary.

This means that you must see to it that only independent, honest and competent people are appointed to the Judiciary. The Integrated Bar of the Philippines has a representative in the Judicial and Bar Council. So does the community of law professors. And so does the community of retired Justices. Working together, these representatives have enough clout to insure that only independent, competent and honest judges are nominated to the Judiciary.

In your practice, you will often be faced with a situation where your client wants to win a case through fair or foul means. Your client may even demand that you bribe the judge first before the opposing side gets him. Politely but firmly decline, and be prepared to walk away from a client who insists that you commit a crime of bribery for his sake. No client is ever worth committing a crime.

If you want an independent and honest judiciary, then never do anything that will corrupt the Judiciary. If you do, then you deserve the Judiciary you get and you have no one else to blame but yourself. There is no dictator if there is no servile citizen. And there is no corrupt judge if there is no litigant or lawyer corrupting him.

Lest you think that the burden of preserving the integrity of the Judiciary rests on practicing lawyers alone, let me cite you the statistics. In the last three years alone, from January 2006 to March 2009, the Supreme Court dismissed thirteen trial court judges and one Court of Appeals Justice, suspended 16 trial court judges and one Court of Appeals Justice, and fined 138 trial court judges. The Supreme Court even imposed a fine of P500,000 on one of its former members, the largest fine ever imposed on a member of the Judiciary. I assure you that the Supreme Court continues to cleanse the Judiciary to maintain its independence and integrity.

Recently, the lawyers of Pakistan have shown the world how to defend and preserve the independence of the Judiciary. The Pakistani lawyers took to the streets to demand the reinstatement of Chief Justice Mohammad Chaudry. The then President of Pakistan, General Pervez Musharraf, dismissed Chief Justice Chaudry for staunchly upholding the independence of the Judiciary. In the face of persistent mass action by Pakistani lawyers, the incumbent President of Pakistan, Asif Zardari, reluctantly reinstated Chief Justice Chaudry. The historic and courageous actions of the Pakistani lawyers strengthened for all time the independence of the Judiciary in Pakistan.

3. Oppose Corruption in Government

My third advice is you must oppose corrupt acts of those who hold public office. Public office is a public trust. If that trust is breached, as future lawyers you must lead the citizenry in demanding an accounting. History has shown that only a vigilant citizenry can prevent abuse of public trust. An abuse of public trust that goes unchecked will repeat itself, and will become widespread and even more vicious.

When I was still in the private practice of law, I was one of those who filed the first plunder case against a sitting President. My law partners and I fielded a battery of lawyers in the first impeachment trial of a President. And these private lawyers assisted the public prosecutors in the plunder trial. The idea that we wanted to convey is that the citizenry, led by lawyers, must prevent abuses especially by the highest public official. If we do not, then no one else will and we will truly deserve the government we get.

4. Observe the Ethics of the Profession

My fourth advice is you must take seriously the observance of legal ethics. Many lawyers think that legal ethics is important only to pass the bar examinations. That is a grave mistake. For the last two years alone, 2007 and 2008, the Supreme Court disbarred 10 lawyers, suspended 52, fined 163, and reprimanded, admonished or warned 108.

No other profession is as tightly regulated and disciplined as the legal profession. And the reason is simple. Lawyers are officers of the court and owe special duties to the court. No other profession owe such special duties to an entire branch of government..

In your practice, it will serve you well if you will now and then read the latest Supreme Court decisions on legal ethics. It is so amazing how lawyers can be so brazen in transgressing the ethics of the profession. Those who disregard legal ethics often have three adversaries: the party affected, the opposing counsel, and the court – and even one of them is one adversary too many. So take seriously the ethics of your profession.

5. Specialize but Keep Abreast of other Fields of Law

My fifth advice is you can specialize in a particular field of law, but you must keep abreast of developments in other fields of law. Complex commercial transactions may require that you specialize in specific fields - in corporation law, intellectual property law, tax law or in other areas. This does not mean that you do not have to know what is happening in other fields of law.

To be good in your area of specialization, you must be able to relate, and reinforce, your arguments from legal principles in other fields of law. Sometimes, the answer to legal questions in your field of specialization may come from other fields of law. Do not develop a tunnel vision by focussing only in your field of specialization.

6. Bridge the Gaps between Law and Justice

My sixth and last advice is you must work to bridge the gaps between law and justice. What is legal is not necessarily just. The U.S. Supreme Court once held that blacks were inferior to whites, and deserved to be slaves. That was the law then, but that was terribly unjust. There are many gaps between law and justice, and it is your solemn mission as future lawyers to close these gaps.

In the United States, the right to privacy was recognized by courts when two private lawyers wrote that it was unjust that an ordinary citizen’s private affairs could be laid bare and ridiculed before the public. The right of blacks to study in the same school and classroom as whites was recognized when activist lawyers questioned the separate but equal doctrine in over half a century of legal battles.

In our country, hate speech against minorities is not actionable. Companies, local and foreign, can exploit the nation’s natural resources without sharing the profits with the Filipino people. These are gaps between law and justice that can trigger social and economic strife among our people. As future lawyers, you have the duty to lead in closing these gaps and thus bring justice to our people.

The absence of a law is not an excuse to allow any form of injustice. And as you have learned in Republic v. Sandignabayan, even the absence of a Constitution is not an excuse to deprive the people of fundamental human rights. One of your greatest challenges is to insure that justice is done even in the absence of a law or even in the absence of a Constitution. Having been taught law in the grand manner in the U.P. College of Law, you will, I am sure, rise to this challenge.

Comelec Office, closed on a weekday

2009-04-08T13:35:00.005+08:00

Posting an email from Ralph Reuben Morales of the Ayala Foundation, Inc.:

I was so happy that the top management of our company has been very supportive of the ongoing campaign of Ayala Young Leaders Alliance advocating voters' registration. We, the employees are entitled for one-day leave just to make sure that we are registered in our local COMELEC office.

The COMELEC website has a feature of checking whether an individual is registered or not. I found out that I am still registered though I have no records for my biometrics. After office hours yesterday, I immediately proceed to the bus station for an eight-hour trip to Mulanay, Quezon Province where I am registered. Aside from seeing my parents whom I have not seen for months, I was so excited for the trip to have my biometrics captured and claim my voters ID which I have been waiting for, for the past elections.

Upon arriving at the local COMELEC office at around 10:00 in the morning, all my excitement faded upon seeing that the said office is padlocked. My temper escalated upon seeing the long lines of equally excited youngsters whom I assume are first time voters. Some were even wearing their PE t-shirts of some Manila schools. What I was not surprised is that most of them are like me who intend to maximize their long vacation and placing their registration among their to-do list.

The COMELEC en banc released a resolution stating that their local offices should be open during Saturdays and holidays. Today is Wednesday and apparently not a holiday yet. Since no one was around to check if the office will still open, I rushed to the office beside COMELEC to inquire. Only to know the worst - the said office is closed
since yesterday.

I believe that all our efforts in the Ayala Young Leaders Alliance and Youth Vote Philippines should by all means be given equal effort and commitment from the COMELEC. What is it for those young men and women behind the advocacy of promoting voters registration only to be given this inattention from the very institution which should be the prime mover of citizen participation in the electoral process? What is to be expected from our campaign of getting as many youth as possible to register if our target individuals will only encounter padlocked COMELEC office with no single personnel around especially during the very rare chances that they can spare time to exercise their duties as citizens?

Do not blame the youth for being so-called apathetic. Apathy is a result of outright incompetence of most of our public servants. Among the youth, most of us are doing our share. It's just that more often than not, we do not receive the expected effectiveness from those in the bureaucracy.

Given the average turnout of registration, it will not be an astounding possibility to deprive hundreds of thousands if not millions of voters. The deadline for the registration is cut short from December 15 to October 31, 2009 in order to prepare for poll automation, as reported. Such directive poses the possibility of significantly decreasing the number of potential first time voters,unreasonable closing of COMELEC offices aggravates the saddening scenario.

In the 2007 senatorial elections, around 6.4 million potential voters were not registered. This number has significantly increased for the 2010 presidential elections.

We can recall the outcome of the past elections where the winners of national elective positions have a margin of less than a million. Assuming without conceding that there were no (massive) cheating, imagine the difference that the votes of those who were unable to register could have affected the final tallies. Bottomline – the
impact of the evident disregard of this very office to their mandate definitely affect the outcome of the elections and the impression of the public of the worth of exercising their rights and duties as citizens.

We appeal for immediate actions from the Commission on Elections. No more excuses please. We are all tired to hear the seemingly endless explanations trying to sew the loopholes in the systems the same commission are implementing. We are doing giving our contributions. We, the public, deserve no less.

Cafe Scientifique presents: Understanding Darwin

2009-03-24T15:53:00.006+08:00

"The Best Cat Food is Community"

2009-03-06T17:49:00.007+08:00

U-View, Fully Booked (28 February 09) - The First Filipino Freethinkers Forum kicked off with Red Tani's thoughts on the difference between freethinking and un-freethinking and took it further within the context of reason and science. He also proceeded to discuss theoretical freethinking and practical freethinking, emphasizing that practical freethinking embodies integrity.

After a game of “Identify the Freethinker”, Freethought Offline starting off with John Paraiso’s presentation on Freethinking in the Grassroots. He spoke of the perception that freethinking is not for the poor. Such view is belied by the pragmatism of the poor and that “truth is something they just need.” John also shared his experiences in the proletarian arenas in Luneta and Plaza Miranda in Quiapo. He even brought along a copy of the maiden issue of Freethinker, published in July 1999.

During the open forum that ensued after, Dr. Sylvia Estrada-Claudio shared her experience with freethinking in communities, particularly in the alternative manners of organizing. The most recent of which was in mobilizing support against the Reproductive Health (RH) Bill. Sass noted that “sometimes, freethinking can be a luxury,” to which John replied that freethinking is not an alternative to hope, freethinking is an alternative to thinking. Sass then cited the El Shaddai phenomenon and the rise of Bro. Ely Soriano and argued that people go to them because they are inspired. John explained that “tangible solutions” – not hope – is the best gift to a poor man.

The discussion cited as an example the current RH debate. The issues that have deterred the passage of this proposed legislation are not actually issues of morality but church dogma. A Freethinker, in the choice between dogma and reality, could see thru dogma – for freethinking “is not about revolutions, just a challenge to think.”

One forum participant stressed that freethinking in the grassroots has always been a challenge because it is in a community-based area. He also offered a commentary on the country’s education system and said that it is sadly “plagued by religious dogma”. To address this, he said that drastic changes must be made that genuinely embodies secularism. Another cited the experience of the Karl Sagan who accessed freethinking resources thru public libraries. Such underscored that perhaps one of the solutions offered by freethinking is personal ethic, to act without hope.

The next talk was on Secular Humanism by Geri Villas. He began by presenting a definition of freethinking as an umbrella term encompassing “reason and critical thinking independent of dogma and authority." He called attention to “free” – which did not mean absolute freedom. Secular humanism, on the other hand, refers to the “humanist philosophy that upholds reason, ethics, and justice and specifically rejects the supernatural and the spiritual as basis of moral reflection and decision-making.” The first term “secular” was supposedly used to distinguish this humanism from religious humanism.

The presentation noted that key to the foregoing definition would be the faculty of reason. As raised in the previous talk, freethinking is actually a “thinking habit”. Necessarily, it subscribes to Naturalism where everything can be explained. Jerry then proceeded to distinguish atheism and secular humanism. Atheism is premised on the non-belief in the existence of God, while secular humanism “goes beyond rejecting." The latter is not “anti-religious”, save perhaps when religion is used to influence public policy or governance; it “promotes and defends scientific outlook and rationality; it has remained staunchly sceptic to religious claims of divine truth; and is “committed to free inquiry in all human endeavors."

In various studies, the most recent of which was Gallup Poll which was conducted from 2007 to 2008, five percent (5%) of Filipinos believe that religion is not important. However, the supposedly secular educational system ensures that this mindset is addressed. As a case in point, out of two hundred fifty-three (253) secondary schools, an overwhelming number (143) are Christian institutions, 53 are controlled by the Roman Catholic Church and only 57 are dedicated to a science-based curriculum.

Jerry ended his talk with a comparison of the respective Preambles of our Constitution and that of the US Constitution, primarily on the any reference to God and the optional teaching of religion.

The third talk was on Science and Freethinking by Maria Isabel Garcia of the Philippine Star. She started off with a caveat that the relationship between science and freethinking “not be what [we thought] it is.” She reminded the participants that science is “limited by data and method”. In other words, “freethinking cannot be freewheeling in science” – it would have to be “discovery with an open mind”. She emphasized that science is “too important to leave to scientists alone”. She added that many of issues now have a science component. [Aside, I particularly liked that slide of an endangered panda – or was it a bear? – which had this caption: “One last look before we say goodbye.”]

Ms. Garcia also underscored the paradox of science: we understand more and yet, the more we are overwhelmed by the things we do not know. She also spoke about the so-called “science worship” for “science rationality” is not all there is to a complete mind [just as her slide noted:”There is no one way to walk the earth.”]

She ended by reminding us of some lessons that she has learned:

• Rational thinking is only a layer of thought of the complete picture. It is perfectly okay to hold contradictions in your head.
• Don’t be consumed by god/religion issues. Energy is finite...Leave the logistics of eternity to eternity. [That is a personal favorite.]
• Live. Fully.

In the discussion that ensued, she cautioned against labelling and that labels can have a life of their own. Thus, atheists and agnostics may very well be “jailed by dogma” themselves. Sass asked for a clarification on two points: (1) If science can explain the “physical” – when does the “physical end” and what happens after; and (2) What is the status of science in the Philippines? Ms. Garcia replied that by “physical” what is meant are things that are measurable and may be reviewed and for the second question, science in the Philippines is – and this is putting it kindly – bad. She says movements like Cafe Scientifique are trying to address this sad state. As a sidebar, she happily informed us that Cafe Scientifique will have an affair come April, also at Fully Booked, that will feature Steve Jones.

One participant enthused that “there is poetry in science” but Ms. Garcia added that this enthusiasm for science is apparently lost when children enter the fourth (4th) grade, when the supposed rigors start. Finally, she reminded us that we should never engage in any debate on dogma with our families for we would be “talking of different currencies.” But when dogma gets entangled in public policy, then she urges us to “rage as much as you can.”

Dr. Estrada-Claudio followed with a presentation on Freethought and Politics. She immediately attacked the campaign of the Roman Catholic Church against the RH bill. She cites the lies that the Church allegedly used to discourage the use of condoms. Recalling a public hearing on the RH bill where she was asked about the side-effects of contraceptives, she wondered how she can make our lawmakers understand that “all medicines have side effects."
She also discussed how politics breached embryological science by attempting to declare with an air of infallibility that “life begins upon conception."

Benj Espina wrapped up the afternoon with his talk on Free Thought and New Media. He likened the Forum as part of the learning that will progress to that “light bulb” moment. The bigger question, however, is quo vadis? To this, Benj suggests that we take the next step and commit to continuous learning. These steps can range from joining a mailing list, an online forum, and perhaps even create our own weblogs.

Finally, Red told us about the daydreams of cat herders. I cannot think of a better way to put it. Our Freethinkers have successful herded the strays. And Red is right, “the best cat food is community.”

A Dirge and an Ode

2009-01-29T15:04:00.000+08:00

Using my name in the previous website was a bad call. After a while, it felt like I stood naked for all the world to see. Since the rest of me isn’t all pretty and taking cue from Radovan Karadzic, I will hide in the open.

I will henceforth write here. Some posts in the old site will also be deleted to cover up my tracks. I shall, from time to time, write in the old blog just so the rest of the world will not suspect. The links stay, friends, so we can still find our way to our little worlds.

The inspiration for the site’s name is a song aptly titled “Sometimes Sober” by Brisbane-based band The Gin Club and the by-line is from one of the band’s inspirations, the great Bob Dylan. Dylan’s Like a Rolling Stone remains a personal anthem. It is a fervent wish, though, that I shall one day cease to live life like a rolling stone but until then, I will write.

Thank you for letting me tell my stories and for allowing me to likewise laugh at, cry over and learn from yours.

'Watch Out For Trucks'

2008-10-07T16:00:00.001+08:00

Last weekend, I finished off Robert Fulghum's "What On Earth Have I Done?" It was vintage Fulghum!

One essay in the collection is on his grandchild Brie and one particular incident that belied a child's naivete. I am reproducing the entry in its entirety (in red are my favorite lines):

Brie likes my company. I like hers. And we both like looking good and laughing hard. She's my kind of guy.
Technically speaking she is my grandchild, but I emphasize that we are friends out of mutual admiration, not just blood kin. She is old and wise beyond her years. I am young and goofy behind my years. She aspires to adulthood but hasn't quite gotten the hang of it. And I know what is required of adults, but I just can't get used to being one.
During one recent ride home from a wedding I had officiated, Brie was strangely quiet. I parked the car and we walked hand-in-hand toward my house, where she was spending the night. Still quiet. Suddenly she said:
"I wonder where he is tonight?"
"Who?"
"You know--Him--the man I'll marry someday, the father of your great-grandchildren. He must be out there somewhere. Where is he?"
"I can't imagine. Why do you ask?"
"Well, I worry about him... I hope he's OK."
"Well, if he's going to meet up with you somewhere down the road, then I'm sure he must be fine--safe in the hands of destiny."
(Silence)
I looked down at her and saw trembling lips and teary eyes.
"What's wrong?"
"What if... he got hit... by a truck?... What if... he's hurt?"
I felt tears in my own eyes.
"That would be awful," I mumbled.
"Yes," she sobbed, "he will be so sad and lonely without me."
Just then we went through the kitchen door. My wife saw our distress.
"What's wrong with you two?" she asked.
"Her husband was hit by a truck," I moaned, "and we don't even know where he is or who's taking care of him."
"What?"
Somewhere out there in the world is a young man.
Him. The One Who. Mr. Someday. I have a message for him:
You don't know it, but something lovely will happen to you someday, whatever may be happening to you now. My dear friend, Brie, is on the way to you. Someday. When she gets there, you'll never be sad and lonely again.
When you meet her, she will be dressed up, looking good, and laughing. And if you are very, very lucky, she not only will become your wife, she will become your best friend. In the meantime, she and I think about you and worry about you. Please take care of yourself.
Watch out for trucks.

So there. Watch out for trucks, my Mr. Someday.

Calendar Girl

2008-09-10T16:09:00.001+08:00

Lumampas ka na sa kalendaryo. ["Your age is past the number of days in a month."]

I am past that age where I can still squeeze in and look pretty in a wedding gown anyway. It really doesn't matter. As one of my bosses put it, as we age, we ought to be thankful for meaningful relationships. Friendships, for one. Family is another. Faith - and a relationship with the Higher Being - completes the triad that remains constant in our lives.

At 32, what happens next?

I like to believe that I have begun to accept that perhaps I ought to prepare myself for a lifetime without marriage or children - no matter how badly I want one. Perhaps too, I will cease to take myself too seriously. I find myself pausing to pray and praise Him for the wonders that still come my way.

At 32, I am finally home. At 32, it feels like this old girl is catching up on everything beautiful that she missed along the bumpy way. At 32, to borrow Browning, the best is yet to be!

Altering the Balance of Power

2008-09-05T16:09:00.001+08:00

Last night, I was able to convince some friends - ABS-CBN's Leonel Velarde and Add Up! Volunteers' Froilan Grate, Cris Espera and Cesyl Alonso - to attend a Leadership Forum hosted by the Ayala Young Leaders Program at the Philippine Conference Hall, Asian Institute of Management in Makati, featuring the so-called Caravan of Good Governance - pockets of hope for Philippine politics. Thanks to Niña Terol of Team RP and Ralph Morales of the Ayala Foundation.

The Forum kicked off with Bill Luz of the Makati Business Club urging us that if we want a better country, we must imagine, envision and make it happen. Kaya Natin!'s Harvey Keh followed underscoring that the five local executives who will be speaking at the Forum are "servant leaders with a heart for change."

Gov. Ed Panlilio of Pampanga spoke first. He spoke about the twenty-six (26) and a half years 26 and a half years that he spent in the pastoral ministry and how the 2007 elections apparently coincided with the regular diocesan movements. He was being assigned to another parish and people were petitioning the Archbishop to allow Fr. Ed to stay. The "pricked pride" of the Kapampangans got in the way and he emerged as Pampanga's alternative candidate - hopefully to put an end to Pampana's twelve (12) years under the Lapids who, according to Fr. Ed, were "perceived to be very corrupt"). Fr. Ed quipped that some voters noted that the choice between Lapid and Pineda is a choice between a quarry lord and a jueteng lord. They preferred a candidate who is "Praise the Lord."

With Fr. Ed likewise spoke of two platforms that his administration has undertaken: fight corruption and illegal gambling. With jueteng, he said that Pampanga is now using the bibingka (rice cake) approach - apoy sa baba (fire below) by engendering a culture of savings and industry and apoy sa taas (fire above) through the commencement of various criminal indictments against the proponents of jueteng. The approach harks back to how rice cakes are commonly prepared in the provinces.

Ifugao's Gov. Teddy Baguilat said he dreamt of an Ifugao ruled by Ifugaos and so he went back to his home province to serve. He related the difficulty of having cultural preservation as centerpiece of governance. Mayor Sonia Lorenzo also gave an exemplar of how local governments can make a difference.

Gov. Grace Padaca of Isabela urged that we elect only the right people to lead us. She also asked us to understand that leaders "who give people hope, also needs to be encouraged" and cited the recall predicament being faced by Fr. Ed in Pampanga.

Naga City Mayor Jesse Robredo, the most experienced of the lot noted that he is on his sixth (6th) and final term as City mayor. After almost seventeen (17) years, he observed that we can elect good leaders but "good governance is difficult and is only possible if the people wills it." With a wry smile, he said that often, we think that all we need to do is to "elect the good guys and let them do all the work." Instead, he hopes that my generation will live a new paradigm where "we elect the good guys and make them better."

The Caravan of Good Governance will visit the country's premier State University - UP-Diliman - on September 23, 2008.

Despair's Been Beaten

2008-09-01T16:10:00.000+08:00

No one would love me if they knew all the things I hide. - Love Alone by Caedmon's Call

Thank You. Today is a new start for this old girl. Beginnings. Thank You for the acceptance and for the second chance to make things right.

'Hanggang may saysay ang kasaysayan'

2008-08-25T16:21:00.000+08:00

Years ago, I read one column of PDI's Conrado De Quiros where said the he was asked why, despite his years, he still writes like an angry young man. (He still writes that way, thank God.)

Beyond Conspiracy: 25 Years after the Aquino Assassination, aired last night by ABS-CBN, gave us reason to stay angry. The review of the documentary by the Philippine Daily Inquirer enthused that it is informative, dramatically presented and emotionally charged.

Indeed it was. With Noel Cabangon's Hanggang Mamatay as fitting music, we saw a parade of the different players - at least the ones who are still alive - and their perceptions of the assassination. Although the documentary markedly leaning towards a partcular side, it presented as objectively as it can, views from the others.

My generation is yet to discover the Ninoy in each of us - or the Jose Burgos, or the Gabriela Silang. Still, do not write us off. Not just yet. Hopefully, after viewing, we can begin the difficult task of shaking off our collective ennui and remind ourselves that Ninoy's death gave us one genuine shot at greatness as a nation.

We will stay angry. Until when? This line in Hanggang Mamatay replies in our behalf: "hanggang may saysay ang kasaysayan."

"We're not exactly strangers, you and I..."

2008-08-21T16:24:00.001+08:00

Last month, I had my very first experience of traveling the backpackers' way. It was a route that traversed Banaue (included a hike to Batad village en route to the Teppaya Falls) in Ifugao then Bontoc (Mt. Province) then Sagada (also in Mt. Province) then Baguio City over three (3) days. I was with my Canadian friend, Ian.

On the bus to Baguio, country music played to the entire six (6) hour ride. I couldn't shake off this 1977 song by Conway Twitty, I've Already Loved You In My Mind - from where I took the title for this post.

In a world where loves and friendships seem so ephemeral, our consolation is the thought that as pilgrims - I am tempted to say backpackers - in this life, it is the minute meaningful connections that matter. We are not really strangers, dear reader. As Robert Fulghum would say, consider this a warm hello and a fervent wish that we will meet outside of blogosphere one day.

Of Leadership and Fish Tales

2008-08-12T16:15:00.000+08:00

I remember an old love letter I received almost seventeen (17) years ago by a now good friend who is now married to someone else. We were about to enter college separately xxx He wrote that he likened me to a fish that dwelled in a small river. According to him, in that small river, this small fish was a rare, beautiful specie that swam its waters like it owned it. He feared that the small fish, when it is released in the vast ocean, might lose its way and forget that it was once a rare, beautiful specie.

True enough, in college, I was content to be part of the herd and remained with anonymous majority. For a time, I thought my old friend was right. I really was an insignificant fish in the vast ocean. I had no qualms since the quiet life suited me – growing up alone makes one comfortable with the company we keep in the empty moments. Gone was the high school go-getter who once wanted to be in – and excel in - everything but the dance club.

But I learned that life has a funny way to teach us its lessons. Due to financial constraints, I have always been taking on part-time employment since college xxx The toll that it took on my time and energy forced me to manage my time efficiently so I can cope with my studies. On hindsight, this was pivotal in revitalizing whatever leadership potential I used to have in high school. It taught me how to best encourage the class to be well-organized, without compromising the quality of our reports and the fun in our non-academic activities xxx

After the first month in the MBA program, I knew that developing my leadership skills would be a priority. This does not mean, though, that I would jump at every leadership opportunity offered by my classes. Cultivating leadership would have to begin with the little things like moderating the class egroup and facilitating the class activities. With my age, I am pressed to set an example for my peers – as a case in point, L7, my OB group, and create a standard of excellence in an atmosphere of genuine camaraderie. Also, every interaction with my professors meant a chance to partake of their wisdom and experience. These are helping me get a great deal more out of the course than I might have otherwise.

Back to that love letter (which for some curious reason I still keep), I still believe that leadership is one of those gifts – like beauty and love - that are honed and appreciated best when we do not feign it, push it or shove it for people to accept and recognize. It develops best when we let it take its natural course. Like the small fish that will always, always rediscover its potential to lead – be it in the small river or in the vast ocean.

Batman Blues

2008-08-09T16:11:00.001+08:00

Watched Batman: The Dark Knight with a friend. No, this is not a review of the movie. For that, I'll refer you to the post of a good friend who wrote an insightful review of TDK.

One little bother during the movie was this couple seated two or three rows behind us. The poor guy was explaining the plot to the girl - every step of the way! Wow. My friend remarked that the couple just reminded him why he dated only smart women. I genuinely hope the girl was just faking it.

As the Governator Schwarzenegger once said,"I love smart women. I have no patience for bimbos."

Alf(ie)

2008-05-07T19:47:00.000+08:00

What's it all about, Alfie?
Is it just for the moment we live?
What's it all about when you sort it out, Alfie?
Are we meant to take more than we give
or are we meant to be kind?
And if only fools are kind, Alfie,
then I guess it's wise to be cruel.
And if life belongs only to the strong, Alfie,
what will you lend on an old golden rule?
As sure as I believe there's a heaven above, Alfie,
I know there's something much more,
something even non-believers can believe in.
I believe in love, Alfie.
Without true love we just exist, Alfie.
Until you find the love you've missed you're nothing, Alfie.
When you walk let your heart lead the way
and you'll find love any day, Alfie, Alfie

- Burt Bacharach (1966)

A good friend arrived from China last week and flew back again today. He looks well and even found himself a girl (an old family friend, he claims).

Thank you, dear friend - for lifting the weight of the world off my shoulders - even if only for a few days and for reminding me again that God, in His Infinite Wisdom, has a plan. Take good care of yourself. As one site would tell folks who unsubscribe to its service, many happy trails to you until we find each other again. I will miss you everyday.

On Finding Love

2008-02-05T19:57:00.000+08:00

I loved this post of a good friend who's one batch ahead of my class at UP Law. Seeing him again last week - happily married to his one true love - made me remember this post he wrote way back in 2005.

As a prelude to the dreaded V-Day, here are my friend's thoughts on finding love (in bold are the lines I love):

I have waited five years for someone who was not sure to come. All those years, I secretly wished that the gods of our destinies would again conspire to bring us together --- the way they did when she unexpectedly came into my life.
Although all signs indicated that no amount of wishing could alter our fate, I had hoped that the forces of love could overcome the odds. Hope, they say, springs eternal for someone in love. And I was madly in love. To the point of feeling a raging guilt when I engaged in another relationship --- long after I learned that she, too, had another.
I would dream of our moments together: the way she innocently taught me the ways of love. I would see her face everywhere: in exam papers, in television programs, in movie houses.
With her, I learned how to express in concrete the intangible. I learned how to cook, to write in prose, to control my temper, to say little so as to convey more. With her, I also experienced the unfairness of life: to be enchained to an ideal; to lower my defenses, only, to be vulnerable.
I have waited five long years only to realize that she wouldn’t come. For the dreams I weaved were mine alone, and the things I’ve seen weren’t there in the first place. It took me five years to realize that there was no sense in hoping.For the love I thought we shared didn’t happen at all.
When I finally put a period to this madness, my one true love finally came. She found me when I stopped searching for love.
The first time I saw her, I already knew that we were destined to be together. With her, I came to realize that love isn’t all sparks and glows. That to be vulnerable is one thing and to lose one’s self-esteem is another. That love is much a decision as it is a feeling. That it is one joyous emotion coupled with gargantuan responsibilities.
With her I learned that love is not about writing prose or learning how to cook. Love is being who you are but always finding ways to make yourself better. Love is not about weaving dreams but realizing one’s visions. Love is not about hoping but about believing. Love is not about wishing; it is standing by the choices you make, and working hard to make them come true.
With her, I finally understood that the gods of our destinies did not play tricks on me.

Wow. Perhaps all is not lost, after all.