Intricasies of Marriages: Some Legal Implications

As of writing, the Philippines and the Vatican are the only two countries which have no divorce law. While there are initiatives to lobby for the enactment of a divorce law, these have not been successful. But whether the Philippines should join the rest of the world in adapting a divorce law is still a much contested topic and should be a subject of another post.

Read more here: http://newsinfo.inquirer.net/326647/in-the-know-only-the-vatican-and-the-philippines

This article will discuss the current laws governing the marriages of Filipinos and former Filipinos.

First, let us define what marriage means under the Philippine law. The Family Code provides:

"Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that the marriage settlements may fix the property relations during the marriage within the limits provided by this Code."

From the provision of the law, marriage in the Philippines can be characterized as a special contract of permanent union. This is the reason why there is divorce is not recognized in this jurisdiction. It is also a union between a man and a woman only and thus in this jurisdiction, gay and lesbian marriages are not recognized as well. Marriage is entered into according to law and not merely subject to stipulations of the party. Marriage has for its purpose, the establishment of conjugal and family life.

Under the Philippine law, the following are the essential requisites of a valid marriage:

1. legal capacity of the contracting parties who must be a male and a female; and,

2. consent freely given in the presence of the solemnizing officer.

The following are the formal requisites of a valid marriage:

1. authority of the solemnizing officer;

2. a valid marriage license except in the cases provided for in Chapter 2 of this Title; and,

3. a marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

In case of absence or defects, the effects shall be as follows:

a. In case of absence of any essential or formal requisites, marriage shall be considered void ab initio except that if the marriage is solemnized by an unauthorized person, the marriage will still be valid if either or both contracting parties believed in good faith that the solemnizing officer had legal authority (Art 35(2) of the Family Code).

b. In case of defect in the essential requisites renders the marriage voidable.

c. In case of irregularity in the formal requisites, the marriage will still valid but party responsible for such irregularity shall be civilly, criminally and administratively liable.

Not all marriages however work out well. When marriages suffer from causes existing at the time of the celebration of marriage or during its existence, spouses have remedy under the law. In the legal perspective, marriage may be void ab initio (marriage is inexistent from the time of performance) or voidable (marriage is valid until annulled).

Under the law, there are at least two remedies by which spouses can avail to terminate a marriage. These are 1) declaration of nullity of marriage and 2) annulment of marriage. Declaration of nullity of marriage is an available remedy in void marriages. This action does not prescribe. The following are void marriages under the law:

1. Contracted by any party below 18 years old.

2. Solemnizing officer has no authority (except: either or both parties believed in good faith that the officer had authority).

3. Solemnized without license (except: when marriage license is not required).

4. Bigamous or polygamous marriages (with certain exceptions).

5. Mistake in identity.

6. Psychological incapacity. 

Annulment of marriage, on the other hand is available remedy for voidable marriages to be terminated.  The grounds for annulment of marriage are as follows:

1. Lack of parental consent.

2. Insanity of one of the parties.

3. Fraud

•  non-disclosure of conviction by final judgment of crime involving moral turpitude
• concealment of pregnancy by another man
• concealment of sexually transmissible disease, regardless of nature, existing at the time of the marriage
•  concealment of drug addiction, habitual alcoholism, homosexuality and lesbianism

4. Impotency

5. Affliction of sexually transmissible disease found to be serious and which appears incurable.

It may be simple to read but in reality marriage is a complicated topic. There are cases of Filipinos being married and then later on acquiring different citizenship by naturalization and getting divorced. What law should apply? Is the divorce valid? What is the status of the children if any? These are only some of the possible questions. However, it may be useful for anyone (Filipino) to remember that Article 15 of the Civil Code provides that 'laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.'

Facetime and Viber: Transforming the Landscape of Relationships

In a recent study conducted by the Cornell University and the City University in Hong Kong, researchers found that couples who lived far apart had stronger bonds, due to greater intimacy and sharing self revealing aspects of oneself.

Read more here: 
http://ca.shine.yahoo.com/blogs/shine-on/long-distance-relationships-result-stronger-bonds-says-study-150944527.html

This maybe partly due to the recent advances in technology which have paved the way to less costly, more convenient and more personal lines of communication. Mainly, however, the reason behind the success of any relationship is the resolve to love, trust and respect each other.

Recently, I met a Philippine Army Scout Ranger who has been married to his wife (a former Army military nurse) for several years. They have been together for the past 15 years but have been geographically apart ever since then. Being both from the military, they were often assigned in different places.  Six years ago, the wife went to the United States (US) to work as a nurse and up to now, she is still in the US. The husband is still in the Philippines and they are not expecting to be together for good in the next ten years (which are the years he still has to be in active duty). When I asked him to sum up all the years they have been together, he said that it would not even amount to a year but only months. All in all, they have been (geographically) together for only 8 months and while apart, they have been communicating through Skype.

In the Philippines, there are several ways by which families, loved ones communicate with each other. For Apple users, the iMessage and Facetime are two breakthroughs to communication. Through iMessage, an iphone, ipad or itouch with wi-fi or 3g internet connection can send messages to another iphone, ipad, itouch user anywhere in the world. I hate to say this, 'but wait there is more'! Through iMessage, videos and photos can also be instantly transmitted. It does not stop there because, by configuring the settings, the time when the message was delivered, received and read can also be viewed. No more excuses for faulty connections, eh? Through Facetime, on the other hand, as the name implies, you can now see your loved ones face to face without turning on that laptop or that desktop with video camera. In real time, you will be able to see another person open his eyes in the morning, eat lunch which you watched him cook, see the lake by which the other is standing by, or see how the other falls asleep in the evening. These applications have been mainstreamed that they are sometimes being used as verbs like, 'I will facetime you later' or 'Viber me'.

For non-Apple users, there are also tons of applications with the same and at times better features than iMessage and Facetime. For one, there is Viber. Through Viber, friends can chat about (anyone and) anything, pester and send stickers to each other anytime of the day and night. Like Facetime, video call is also available here. There is also WeChat (again with the same features as Facetime and iMessage combined).  These applications have a feature where voice can be recorded and transmitted. Whoa! There is also Line which has the same features as WeChat. Of course, who can ever forget the classics, Yahoo Messenger, Skype, Fring, and Facebook! Now, communication has become more animated, graphical, real time, personal, etc etc. Wherever you may be, you will never feel alone. Geographical boundaries by which we are separated is continuously becoming a thing of the past. You might be sleeping in the Philippines and waking up in some other parts of the world. Holograms, teleporting might even become possible.

On the main aspect however, when there is a resolve to love, respect and trust each other, nothing can really be impossible. There is no greater connection than the connection of two souls. This is more powerful than any application available.

The Warrior

I'll cry a river of tears;
I'll wait for a thousand years;
Wide awake under the stars, I will lie;
Just to have a glimpse of that smile.
But will you do the same for me?

I'd tell you everyday how I feel;
Just so you'll know that this is real;
Cause baby, it's true what I say,
That I need you each and everyday.
But will you feel the same way for me?

I will watch you go to sleep;
Make sure I'd be the last memory you'd keep;
And that the nightmares of the past won't visit;
So that your dreams would always be sweet.
But will you be the same angel for me?

I'd fight for you in any battle;
To see you finally free from any shackle;
Until the wounds become merely scars;
And the troubles become unfamiliar.
But will you be my warrior too and fight my fears?

By the pale moon, I'll rage against the odds;
Weak and weary, faith will be my clad;
Crush my fears and maybe shed me some tears;
This time,  please hold my hand;
And in this battle, our victory will never end.

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place;


Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements;


Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor;


Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct testimonies of witnesses;


Whereas, it is reported that such piloting has quickly resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases;


Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the success of the Quezon City experience in the use of judicial affidavits;
and

Whereas, the Supreme Court En Bane finds merit in the recommendation;

NOW, THEREFORE, the Supreme Court En Bane hereby issues and promulgates the following:

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-SC;

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

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

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

(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.1

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

Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. -

(a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:

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

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

(b) Should a party or a witness desire to keep the original document or object evidence in his possession, he Inay, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In addition, the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted.


This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing rules.


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

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

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

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

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

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

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

Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court;

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

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

Sec. 4. Sworn attestation of the lawyer.

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

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

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

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

Sec. 5. Subpoena. - If the government employee or official, or the requested witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the relevant books, documents, or other things under his control available for copying, authentication, and eventual production in court, the requesting party may avail himself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a judicial affidavit shal1 be understood to be ex parte.

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

Sec. 7. Examination of the witness on his judicial affidavit. - The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the exhibits attached to the same. The party who presents the witness may also examine him as on re-direct. In every case, the court shall take active part in examining the witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolving the issues.

Sec. 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the testimony of his last witness, a party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or purposes for which he offers the particular exhibit. (b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that exhibit. (c) Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers, the objections, and the rulings, dispensing with the description of each exhibit.

Sec. 9. Application of rule to criminal actions. -

(a) This rule shall apply to all criminal actions:

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

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

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

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

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

Sec. 10. Effect of non-compliance with the judicial Affidavit Rule. -

(a) A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however, allow only once the late submission of the same provided, the delay is for a valid reason, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than Php l,000.0 nor more than Php 5,000.00, at the discretion of the court.

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

(c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and Judicial Affidavit Rule would not unduly prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than Php1,000.00 nor more than Php5,000.00, at the discretion of the court.

Sec. 11. Repeal or modification of inconsistent rules. - The provisions of the Rules of Court and the rules of procedure governing investigating officers and bodies authorized by the Supreme Court to receive evidence are repealed or modified insofar as these are inconsistent with the provisions of this Rule. The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved.

Sec. 12. Effectivity.- This rule shall take effect on January 1, 2013 following its publication in two newspapers of general circulation not later than September 15, 2012. It shall also apply to existing cases.

Manila, September 4, 2012.

Related News:

http://newsinfo.inquirer.net/337361/sc-modifies-implementation-of-judicial-affidavit-rule

http://www.sunstar.com.ph/manila/local-news/2013/01/09/supreme-court-revises-rules-judicial-affidavits-262078

How You Know You're Truly in Love?

Here are ten indicators (in no particular order) that you might have caught the love fever:

1. You can talk to the person from sunset to sunrise. Whether you are just staring at each other or discussing the Arab Spring or the West Philippine Sea issue or complaining about how your day went, if you can converse with a person without a single moment of boredom, you might be in love.

2. You can kiss the person. A friend of mine dated his bestfriend for a couple of months but they did not end up together. In fact, they did not even kiss. It is simply because there are people that you will never kiss (romantically) . The operative term is "can" and not "may."

3. You want to hug the person. Hugs are free but not all hugs give the same effect. There will always be that person whose hugs can wipe away your weariness and crush all your fears. If you feel that with someone, you might be in love.

4. You can sit beside the person, and feel happy. You might be sitting in front of the TV, under a tree,  in front of your Skype screen, or anywhere. Just the same, there is a feeling of contentment and of being home. You are not talking, just sitting there, doing nothing at all.

5. You think the person is funny, no matter how corny he or she really is. You just laugh at every joke he or she cracks. You laugh not necessarily on the outside but also in the inside. You are laughing because of the effort the person places in trying to make you laugh or smile.

6. You are fond of just staring at person. You just stare at him or her and see the whole world.

7. You think of the person and then you start to smile. The thought of him or her makes you smile just like that. You might be taking a serious exam or coming to work or to school and the thought of the person just flashes to you. Then you begin to smile and sometimes, even giggle.

8. You see the person as the most beautiful creation in the world. The person might be dark or fair; tall or short. His or her tooth might be chipped. In short, the person might not be physically perfect but you have looked beyond the imperfections and you have seen in him or her, the most beautiful soul ever.

9. You want to introduce the person to everyone important to you. You cannot stop talking about him or her. You are proud of the person. You are proud of your togetherness; of the partnership you two have created.

10. You are accidentally talking about something which is in the near future.  Anything which places your future selves together be it the school you want to go to, the place you want to settle in, the number of kids, etc. indicates the desire for a long term relationship. Then it might be true love.

When you fall in love, it is a temporary madness. It erupts like an earthquake, and then it subsides. And when it subsides, you have to make a decision. You have to work out whether your roots are become so entwined together that it is inconceivable that you should ever part. Because this is what love is. Love is not breathlessness, it is not excitement, it is not the desire to mate every second of the day. It is not lying awake at night imagining that he is kissing every part of your body. No... don't blush. I am telling you some truths. For that is just being in love; which any of us can convince ourselves we are. Love itself is what is left over, when being in love has burned away... -Iannis, Captain Corelli's Mandolin

Not Once

I am not afraid of the miles between us,

For our love can build a sturdy bridge.

I am not afraid of the time we are apart,

For the years seemed like a day or two.

I am not afraid of autumn,

For inside, it will always be spring.

I am not afraid of winter,

For my heart is on fire for you.

I have dreamt of writing this poem.

Of saying the exact lines.

I am not afraid,

For even my dreams tell me not to.

Do not hesitate even for a while,

Do not be afraid.

For I have loved you,

Like how they did in the love songs.

I am not afraid, our love has made me brave.

I'd Rather Try

by: JSM

It seems to be forever;
The last time I saw her face.
Our hearts are meant together;
Despite thousand miles of space.


I walked out, she stood still;
Road not been an easy trip.
Falling, failing that’s how I felt;
She stood still, watched me tripped.


She reached out, with callous hand.
So who am I to let her grieve?
As the glass runs out of sand;
I know it’s time for me to give.


Neither late nor the end, so let it be;
I’ll be with you forever it maybe.
My hands are tied, my words are dry;
If I may falter, then I’d rather die.

RULE OF PROCEDURE FOR SMALL CLAIMS CASES AS AMENDED

SECTION 1.  Title.—This Rule shall be known as “The Rule of Procedure for Small Claims Cases.”
SEC. 2.    Scope.—This Rule shall govern the procedure in actions before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs.
SEC. 3.  Definition of Terms.—For purposes of this Rule:
(a)  Plaintiff refers to the party who initiated a small claims action.  The term includes a defendant who has filed a counterclaim against plaintiff;
(b)  Defendant is the party against whom the plaintiff has filed a small claims action.  The term includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the claim;
(c)  Person  is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality by law;
(d) Individual is a natural person;
(e)  Motion means a party’s request, written or oral, to the court for an  order or other action.  It shall include an informal written request to the court, such as a letter;
(f)  Good cause means circumstances sufficient to justify the requested order or other action, as determined by the judge; and
(g)  Affidavit means a written statement or declaration of facts that are sworn or affirmed to be true.
SEC. 4.  Applicability.—The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.
These claims or demands may be:
(a) For money owed under any of the following:
 1. Contract of Lease;
 2.  Contract of Loan;
 3.  Contract of Services;
 4.  Contract of Sale; or
 5.  Contract of Mortgage;
(b) For damages arising from any of the following:
 1.  Fault or negligence;
 2.  Quasi-contract; or
  3.  Contract;
(c) The enforcement of a  barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417
                                              
 SEC. 5.   Commencement of Small Claims Action.—A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim.  No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless  good cause is shown for the admission of additional evidence.
No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action.
SEC. 6.  Joinder of Claims.—Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,000.00.
SEC. 7.  Affidavits.—The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence.
A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action.
The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record.
SEC. 8.  Payment of Filing Fees.—The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate  as an indigent.
A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing the small claims case.  If the motion is granted by the Executive Judge, the case shall be raffled off or assigned to the court designated to hear small claims cases.  If the motion is denied,  the plaintiff shall be given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice.  In no case shall a party, even if declared an indigent, be exempt from the  payment of the P1,000.00 fee for service of summons and processes in civil cases.
SEC. 9.   Dismissal of the Claim.—After the court determines that the case falls under this Rule, it may, from an examination of the allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds apparent from the Claim for the dismissal of a civil action.
SEC. 10.  Summons and Notice of Hearing.—If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response.
The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time for hearing, with a warning that no unjustified postponement shall be allowed, as provided in Section 19 of this Rule.
The summons and notice to be served on the defendant shall be accompanied by a copy of the Statement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC) to be accomplished by the defendant.  The Notice shall contain an express prohibition against the filing of a motion to dismiss or any other motion under Section 14 of this Rule.
SEC. 11.  Response. — The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response within a non-extendible period of ten (10) days from receipt of  summons. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence.
The grounds for the dismissal of the claim, under Rule 16 of the Rules of Court, should be pleaded.    
SEC. 12.  Effect of Failure to File Response. — Should the defendant fail to file his Response within the required period, and likewise fail to appear at the date set for hearing, the court shall render judgment on the same day, as may be warranted by the facts.
Should the defendant fail to file his Response within the required period but appears at the date set for hearing, the court shall  ascertain what defense he has to offer and proceed to hear, mediate or adjudicate the case on the same day as if a Response has been filed.
SEC. 13.  Counterclaims Within the Coverage of this Rule.—If at the time the action is commenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiff’s claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the Response; otherwise, the defendant shall be barred from suit on the counterclaim.
The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that  the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid.
SEC. 14.  Prohibited Pleadings and Motions. — The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or any other paper;
(f) Memoranda;
(g) Petition for  certiorari,  mandamus, or prohibition against any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.
SEC. 15.   Availability of Forms; Assistance by Court Personnel.—The Clerk of Court or other court personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements as well as procedure for small claims cases.
SEC. 16.  Appearance. — The parties shall appear at the designated date of hearing personally.
Appearance through a representative must be for a valid cause. The representative of an individual-party must not be a lawyer, and  must be related to or next-of-kin of the  individual-party. Juridical entities shall not be represented by a lawyer in any capacity.
The representative must be authorized under a Special Power of Attorney (Form 5-SCC) to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits.
SEC. 17.  Appearance of Attorneys Not Allowed.—No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent.
SEC. 18.   Non-appearance of Parties.—Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgment on a permissive counterclaim.
Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule. This shall not apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears at the hearing.
Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim.
SEC. 19.  Postponement When Allowed.—A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement.
SEC. 20.  Duty of the Court.—At the beginning of the court session, the judge shall read aloud a short statement explaining the nature, purpose and the rule of procedure of small claims cases.
SEC. 21.  Hearing. — At the hearing, the judge shall exert efforts to bring the parties to an amicable settlement  of their dispute. Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval (Form 12-SCC) Settlement discussions shall be strictly confidential and any reference to any settlement made in the course of such discussions shall be punishable by contempt.
Sec.  22.  Failure of Settlement. — If efforts at settlement fail, the hearing shall proceed in an informal and expeditious manner and be terminated within one (1) day.
Either party may move in writing (Form 10-SCC) to have another judge hear and decide the case. The reassignment of the case shall be done in accordance with existing issuances.
The referral by the original judge to the Executive Judge shall be made within the same day the motion is filed and granted, and by the Executive Judge to the designated judge within the same day of the referral. The new judge shall hear and decide the case within five (5) working days from receipt of the order of reassignment.
SEC. 23.    Decision.—After the hearing, the court  shall render its decision on the same day, based on the facts established by the evidence (Form 13-SCC).  The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the parties.
The decision shall be final and unappealable.
SEC. 24.  Execution.—If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC).
SEC. 25.   Applicability of the Rules of Civil Procedure.—The Rules of Civil Procedure shall apply suppletorily insofar as they are not inconsistent with this Rule.
SEC. 26.  Effectivity*.—This Rule shall take effect on October 1, 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspapers of general circulation.
The amendments to this Rule shall take effect ninety (90) days from publication in two (2) newspapers of general circulation.
 _____________________
*   Effectivity of the Rule to all pilot courts for small claims cases – October 1, 2008
     Effectivity of the amendments to the Rule – November 3, 2009
     Effective date of the implementation/roll-out of the Rule, as amended, to all first  level courts, except the Shari’a Circuit Courts – March 18, 2010

Online Shopping and Online Transaction Security

Christmas is fast approaching and most of us are cramming to buy gifts for our family, friends and loved ones. Online shopping might really be the answer for us because of its convenience. It saves time, energy and effort. But before you indulge yourselves in online shopping, I would like to share an experience and some points to remember when transacting with cyber shops.


Months ago, I was added by an FB account which purported to sell Apple products. The Filipina owner claimed to be living in Hongkong. Since I needed a supplier of Apple products for a transaction, I contacted the owner through Facebook messages. We exchanged private messages (PMs). I was growing tired of waiting for her FB messages, I told her to send me a text message instead so that we can just communicate using mobile phones. She texted me using her 'roaming number'. So I inquired about the procedure for payment, warranty of products, shipping fee, and other details that a common customer would ask for. The payment procedure was that I should wire the money to an account and then either she or the main supplier will ship the units. She seemed nice because she would always end her message with "God bless..." I was resolved that she can be trusted but I knew I had to use some security measures and suggested that we should execute a billing statement or order form signed by both parties for the purpose of our transactions.

Considering however, that the prices of the products I would be purchasing were relatively high, I decided to do some research. I googled her name to no avail. (By the way, that's the first thing you should do, google the name of the person you are searching for.) There were no matches for the name. The albums in the account were limited only to products so there was also no reference as to who were her friends. There was, however one album on some trips to Asia, another for profile pictures and "successful transactions..." Using my incognito account I sent a message to a certain person to whom a product was sold but also to no avail. He did not reply.

I did the exercise for more than two hours. I did not want to stop until I found out something that would either make me trust or distrust her. So, again I looked into FB accounts of people who liked her photos or commented on them. There were, by the way, only a few. I found out that I cannot even see her friends list. I became really suspicious. So what I did was to look again at photos of her successful transactions exhibiting delivery receipts to her clients. I downloaded, zoomed  them (like an investigator). Some of the names of the clients were readable. At desperate attempts (of proving that I am a good researcher) I googled the names of the clients appearing on the delivery forms and viola!

Three of the images matched the uploaded photos in her account. (These were the only ones I really googled and I still do not know for others.) The pictures were merely downloaded and uploaded from another website. Tsk, tsk. This is not good because for one, the photos were not hers and two, the clients were not her true clients and three, the purchases were also not true. (By the way, by clicking the camera icon on your google, you can upload a photo and see if it matches with images on the web)

So, for anyone doing online transactions especially abroad, make sure that you do a background check of the other party you are transacting with. Also, keep in mind the following:

Photo taken from:
http://jewel-staite.net/tag/online-shopping

1. Know the person you are dealing with and do not trust so easily. There will be signposts (if you are just observant) of fraudulent persons and websites.

2. Never give information unless you know that it is secured to divulge them. (Credit card numbers, and other financial information)

3. If you are a businessperson, use measures which will reveal the identification of the other party (Passport no., contact details, full name, etc and make him or her sign even electronically)

4. If possible, pay using a credit system wherein the amount of payment is not deducted unless product is shipped. (Paypal, etc)

5. If possible, avoid dealing abroad. Deal locally to make sure that the seller and the products are really authentic. Imagine, you will be sending money to someone you do not know and you do not have any assurance that the product you bought will be delivered.

6. Finally, do some research.

I plan to send another FB message to her with the links of the photos and make her explain why she uploaded photos which were not hers on a very important album which can be a determining factor of whether clients should trust her shop. But for all I know she might have committed an honest mistake of just getting photos from the web and uploading them in her account (which is highly improbable). 

Nevertheless, for all of you shopping online, just take extra measures to keep your online transactions safe and secured. Merry Christmas!

Google and the World Becoming Flat

Thomas L Friedman, in his book, "The World is Flat" argues that we are now in the midst of Globalization 3.0 which is a period in which the world shrinks from small to tiny, flattening to such a degree that individuals can collaborate and compete globally.

This video (entirely independent from Friedman's book) illustrates how the world has recently become flat. 

"There are 31 billion searches in Google every month. To whom did the world address its questions before google?"

How is Angelo Dela Cruz doing?

Today, I came across an article about Angelo Dela Cruz. In 1996, dela Cruz, a father of eight children who grew up in a peasant family, went to a foreign land in order to send his children to school and provide for the basic needs of his family.  In the midst of the US-led war in Iraq in 2004, dela Cruz was taken hostage  by the Iraqi Islamic Army, al-Walid Corps on July 8 and threatened with beheading if the Philippine government did not withdraw its troops from Iraq.


Seven years after his abduction, dela Cruz, the Iraq ban symbol, remains to be a simple man  who "undertakes to help his cabalen (townmates) with small favors such as clearing birth certificate inconsistencies and passport applications."


Seven years have passed and the Philippine policy to Iraq has not changed. For so long, the government has not reconsidered lifting the ban against Iraq while so many Filipinos take far more dangerous jobs in the Philippines as construction workers, drivers, miners, etc. Oil prices are rising as well as other commodities for meager pay. Unemployment is still a problem while the Iraqi government looks for workers to rebuild its nation. So what do we do? Do we heed to the call or not?


OFWs pay all kinds of taxes. They send money to their families and they are taxed. They send goods to the Philippines and they are taxed. Their income gets taxed. A large part of government income comes from OFW remittances. But why is it that when these OFWs are in need of government assistance, it is like they are begging for it? With the opportunity (income, to say it blatantly) which the government gets for sending OFWs abroad comes the responsibility to take care of them. That is the risk that a government  assumes all the time whenever it sends citizens to foreign countries.


I am saying, it might be time to relax our policy towards deployment of workers to Iraq simply because it might not be any different to any country where we send our OFWs. Maybe it is time to open that box where we have placed Iraq and we might find so many opportunities waiting for the hardworking Pinoys in there.


Seven years after his abduction, Dela Cruz advocates the lifting of the deployment ban against Iraq. 


For more information about the article on Angelo Dela Cruz: http://opinion.inquirer.net/5893/angelo-dela-cruz-%E2%80%98it%E2%80%99s-time-to-lift-the-iraq-ban%E2%80%99

When In Oriental Mindoro

Thinking Global

This year, the students of the Master in National Security Administration visited the MIMAROPA Region as part of their curriculum. MIMAROPA stands for Mindoro, Marinduque, Romblom and Palawan. I had the privilege of joining the 13 senior executives both from the private and public sector to conduct the Sub-National Security and Development Studies (SSDS)  in Mindoro. I was only able to join the visit to Oriental Mindoro for 3 days.

I was particularly tapped to be consulted for Oriental Mindoro because it is my home province. However, the several weeks before the SSDS proved to be frustrating on my part when the coordinators would ask me for places to go and see in the province. I can only answer, Puerto Galera, Mangyan community, Tamaraw and vast, very vast green rice fields. Where in particular? Are they worth the travel? Of course, being my home it is always worth the travel for me.

Then, I realized that our province have not really cultivated and invested on these natural resources and on the people.

We have tagged ourselves as the Rice Granary of the Philippines. But have we institutionalize the science of planting rice? Is there a site we can visit to see how technology is being explored to enhance and improve the produce of the province?

We boast of our indigenous brothers, but is their a world class Mangyan Museum anywhere in the province to showcase the rich culture of the different tribes? Have we extensively documented their culture? Have we gone beyond seeing them as mere beneficiaries of relief goods?

Tamaraw, Crocodylus Mindorensis. These are animals endemic to the province. But is there a protected area which shelters these animals? Maybe, there is one. But are the standards globally competitive?

We boast of Puerto Galera but are the laws properly implemented to protect the shorelines? Are the LGUs responsible enough to use the revenue from tourism to ignite true development in the municipality?

Some of the answers to my questions are in the affirmative. But whether the standards are high consist of another set of questions.

Set aside these questions and allow me take you to a trip to my home province. Tara!

Going There

The 4-hour trip consists of a one and a half to two hour bus ride from Manila and a one hour fast craft ride or sail (?) from Batangas. If you are not in a hurry, you might want to take a two hour roro (short for roll-on, roll-off)  ride for some sight seeing (dolphins are oftentimes sighted). I had to finish my exams before I could join the students and I had to take to roro. I left Manila at 8pm and arrived at the port at around 12 (ish) in the morning.

Calapan Port (at 12ish in the morning)

Itinerary


I was not used to waking up very early in the morning but I had to the following day to plant mangroves. It was funny because my brother was also the president of the organization of mountaineers in Oriental Mindoro which initiated the project and won the UN grant and I had to wake him up.

After planting some mangroves and hearing the briefing of provincial foresters. We headed for Puerto Galera. When asked whether the Tamaraw Falls lookout was beautiful, I only said, "Ahmmm, not much, just water falling from a high mountain." But when I saw it again, I felt like seeing the falls for the first time and falling in love with it all over again.

Tamaraw Falls

The trip to Puerto Galera is a one and a half land travel passing by greeneries, carabaos, rivers, and mountains.

Then we went for a boat ride in one of the most beautiful bays of the world, the Muelle Bay also in Puerto Galera.

Muelle Bay

We also visited a Mangyan community in Talipanan also in Puerto Galera. The Mangyans have built sturdy bridges and houses.

Then we had a quick lunch at the White Beach. The scorching heat completed our seafood lunch!

We headed back to La Filipiniana Hotel to change clothes before heading to the 203rd Infantry Brigade in Naujan, Oriental Mindoro for a briefing on internal security. The camp was so simple and honestly in ruins. Nonetheless, we were received by professional soldiers. The Commander, who attended one of our short courses in the College (which is the Executive Course on National Security) was a graduate of Harvard. Before we left, he asked us to help the AFP recover from being labeled as the most corrupt agency of the government.  He emphasized that a few rotten tomatoes have caused the deterioration of AFP's reputation. Based from our trip, the AFP and the PNP are two most well coordinated and professional organizations at least in the province of Oriental Mindoro.

Then we called it a day!

The next day we went to the provincial and regional offices for lots and lots of briefings. :)

The trip to Occidental Mindoro was a 7-hour land land travel. Period. :D Hi Occi friends!

Security Photo Essay

I was particularly pleased at how organized and coordinated the PNP and the AFP in the province were. We were escorted all through out our trip. As we enter a municipality, there was also turn over of escorts. I took these photos (including the previous ones) using my cellphone.

Calapan City

Municipality of Baco

Municipality of San Teodoro

Municipality of Puerto Galera

Municipality of Naujan

 The province of Oriental Mindoro is rich in terms of natural resources and people but these resources must be properly harnessed and at the same time preserved so that the province will continue developing.

One thing is certain, a visit to Oriental Mindoro is worth the time and effort. :)

The White Man

His fascination for white things was once again satisfied. 


He adored white unlike any other color there was. 
A few years ago, he bought a cute little dog covered with curly white fur. He loved the dog dearly that at some point of their relationship, it became the master and he became the dog. Being a beast, however, the dog was wild and was always longing to be free; free from the loving and caring arms of its master; free from his possession. One day, the dog ran away. His neighbors would tell him that they sometimes see the white dog running around the place but running even faster when it sees someone looking at him.


He became very lonely because of this. He cried for the lost of the white dog that was very dear to him.
 
One day, while he watching people pass by from inside his room, a white owl nestled on his window. The white owl quickly caught his attention. It seemed to him that it came from places he wanted to go and places he has never been to. The white owl fascinated him. The owl had feathers that shone like pearl. He loved the owl dearly. In the mornings, he would carefully stroke the owl's feather, feed it with his own food and bring it wherever he would go. The owl felt loved. In return, it showed him different places and taught him new things. They would look at each other's eye as if speaking with each other.
 
One day, it occured to him that he wanted to go to the White Place everybody was talking about to see more white things. The owl wanted to go with him and showed how it can fly to the White Place. But it was too late. He already had a new fascination. His mind and heart was already fixed to the white place and nothing not even the owl can ever stop him.

And so it was, he went to the that place leaving behind the white owl. The white owl was very sad. It wanted to fly and follow him to the white place but its wings will not have survived in the long distance.

The man grew very fond of the White Place. One day, he noticed white spots on his skin. And alas he jumped with joy because at last, he himself will become white. His greatest dream on earth was finally coming true. Slowly, the white spots will spread and in no time cover his entire body.

And so it went, that the man who dearly loved white was united with white. And he lived happily ever after.

The End.


(Written during a train ride from Araneta to Legarda Station)

Online Shop Made By A Pro

I would like to congratulate my kikay Friend, Dra. Ellen Zarah Gonzaga and her fiancé, Randy Reyes for having launched their online shop today in Facebook called the BeckyVintage Dress! 


As a backgrounder, I give you the shop description as cited from their page. 


"Becky Vintage is an online shop owned by two fashion savvy ladies who delight finding and capturing whimsical pieces in thrift shops and vintage stores.

Born in late 2010, Becky Vintage has started to store beautiful and timeless pieces in its treasure trunk ready to be discovered by fashionistas and vintage lovers as well. Being a pioneer in vintage clothing shop that caters to a larger market, Becky Vintage offers a wide variety of sizes ranging from petite, slim up to plus sizes."

Becky Vintage unites talent and passion to hunt for unique vintage finds, every item is carefully selected with meticulous consideration into its design and quality. As Becky Vintage rummages through the endless racks of thrifting adventures, it will continue to strive to bring pleasure to those who want to integrate vintage pieces into their outfit."


Dra. Ellen has a gift for shopping. Back then, whenever we go to Ukay-ukay stalls, she would spend so much time patiently unveiling clothes,  looking closely at their colors, delicately investigating the the fabrics, and  intimately appreciating the designs before buying and making tawad. Me? I just waited. Haha!


Randy, on the other hand has a passion for photography and taste for elegance. He has an eye  for detail and a talent for arts and aesthetics.


Put them together, the result was a webpage made by a pro! 


I was so entertained watching the girls especially my Friend showcase the clothes. The debut collection is a family-and friends-inspired one. They even named this dress, "Charisse."

More than the commercial value, this webpage is a celebration of passion, of life, of love, of dreams, and, how they interplay and create beautiful things. 


I am so proud of them. :)


I fully support them on this undertaking (as if it matters, haha)! At any rate, goodluck my Friends!


Please visit their shop by following this link:
 http://www.facebook.com/profile.php?id=100002074603153