places: pagadian city

after so many years..i'm finally threading my footsteps on the very roads and sidewalks that i've walk on during my childhood days....

yea! the city of my birth that tugs on my heartstrings like a pretty collegiala in the campus of ateneo...so alluring..so sweet, so full of possibilities...

it's been sooo long since i've been here...most of my sidetrips were just stop-overs...now i get to experience the city's nightlife...tonite were watching a beauty pageant in the nearby gym and get to see the local beauties! LOL
HIGHLIGHTS: the JSCSC beauty pageant... a friend named weiwe and myself decided to take a look at the beauty pageant held near the nearby 'capitolyo' on a not yet completed gym(already functional of course)..the venue itself is spectacular..the building comprises eight circular columns some 6-9 meters in height carrying its barrel type roof of three semi circular vaults...the stage being a focal point of its design harmonizing with its curvilinear theme...admirable in a way adding a gem in the city's tree-studded landscape...

on to the pageant..we were standing on the left side of the stage ,,some 3m from its edge...that way we could see the contestants walk laterally on the entire width of the stage before speaking and introducing themselves to the ecstatic audience gathered from the several,,many state colleges of the province..we went through the entire process of closely scrutinizing the college girls and i made my choice..yes..the beauty from 'Dumingag' state college..a blend of local and hispanic-hindu blood caught my attention and eventually my approval...the voluptuous curves and the almond eyes ,,then the sweetest smile as she glanced my way and gave me a wink..yea..hahha..i must have been dreaming...for a while i thought i was in brazil..immersed in the sensual allure of the hot latinas..like they say "muy calliente!" then i realized..this is pagadian..i felt a sense of pride...with these world class beauties...what could ever go wrong?

my first night here while hangin around in a nearby watering hole...i almost got picked up by a meztisa lookin wife of a local doctor...hahaha
proly their own way of welcoming back a long lost son of the city...( though i'm not that ez to get! hehehe)...nah..she was just too boozed up and stupid enuf to try to pick me up(yea..guys sometimes play hard to get...its not just the monopoly of women...tihiiii!

a stroll by the city hall streets yesterday gave me a lovely afternoon appreciating the several species of local ornamental plants in pots and in garden bags...some species i did recognize but most were simply spectacular and amazing..i dint realized the richness of the areas flora until that late afternoon stroll...dang! i should have brought my digital camera with me which i left in my quarters of our davao residence...

across the street are stalls that sell fried bananas( the breed for cooking not the one eaten raw and ripe)...turon and the ordinary ones sell at 2.50 each... i bought 20 pesos worth which the pretty lass placed in a brown paper bag and further wrapped with a thin red plastic bag..the locals call 'salopin'...

in another stall further next block are severals stalls for the beer crazed citizens...small cubed pork meat barbecue sells at a peso each and a big pile of it is ready for serving in the front long table...i swear i could munch down a hundred sticks of these..LOL

the regional center which was previously located in Zamboanga City has finally taken root here.. this was resisted by the city of zamboanga in its initial introduction during Cory Aquino's term...but only implemented recently during GMA's term after a much studied decision by the country's highest court of law...

the city is busy flexing its muscle for its construction industry and several big projects are on-going in the city's major streets.. a structure that you cant miss is the Gaisano Mall which has recently opened here... the rolling terrain of the city center makes it a formidable challenge for every architect who wishes to give his offering to the the art and science of building design and construction..yeah! flat ground is such a bore for us architects...

hmmm...and i got to stroll at the wharf area were several hobbyist were engaged in their fishing lines...they could get fishes like talakitok, kitang, and dangit! whew! mom got so interested with the fishes but i had to warn her not to disturb them as the sport required lots of silence for good catches!

stay tuned!(will be updated when the opportunity allows)

season: pre-bar summer review classes

it's the season for the pre-bar review!
this site has been receiving a sudden increase in traffic...


UPDATES/ NEW FILES:

1. recent PDF files on CONSLAW uploaded to SCRIBD.
2. LIVE recordings on CIVIL LAW at REVIEW CENTER

law: declaration of state policies and principles

updates on constitutional law:


doctrine: state policies and principles are not self-executory... they merely serve as a guideline in the enactment of laws by the legislature...

exceptions: the right to ecological balance as exemplified in the oposa v. factoran case with regard to the granting of 'timber licensing' by the DENR where the SC held that children with the representation of their parents and/ or legal guardians have the proper standing in court to demand for a balance in the ecological system...

so there it goes, that brings us back to the state principles and policies on the controversial ' health bill' months ago.. will it be declared 'unconstitutional?

answer is in the doctrine...
all for now...

status: current dev

the site is currently in hiatus...

current events: clobbered in the golf course

this site takes a stand against the irresponsible use of force.

in the recent controversy that hit the blogscene between the sec. of agrarian reform's family and that of a private citizen, in the person of mr. de la paz.

one glaring picture was that presented by the security personnel of the golf course..

he related in his testimony that when he arrived at the scene after the mauling...he saw mr. de la paz and son bloodied while mr. pangandaman and sons were also there so with their 'bodyguards' armed with 'high caliber' weapons.

this scene alone will tell us that there was an intimidating presence of a far more superior force against a father and his 14 yr. old son so with the 18 yr. old daughter, bambee.

and they were at the receiving end of an unjustified use of force...senseless violence!

a 14 yr. old may resort to the use of force, instinctively, when exposed to the acts committed against his father. only in a dysfunctional family is it deemed not possible but neither is the reaction totally improbable.

this is what connects us all. you do as much as raise an accussing finger on the face of either my mom or dad and i can guarantee you a fury like you've never before seen in your life.

to the young, a father is a hero, a role model. within the ranks of batman, superman, or say braveheart. no father in his right mind would expose the children to any form of danger.

that is human nature and all the lies in the world cannot change that.


the law only aggravates an act of physical injury when it is committed against a public official. it is silent with regard to a reversal in the situation.

relative to committing an offense on the parents within the full view of the offspring, we have under our penal code considered as an aggravating circumstance the said scenario a provision in the crime of rape.

though they similarly take away human dignity in varying degrees.

• related readings@filipinoVoices

opinion: philippine law

the country has proly the best system of law in all of asia. this is basically due the influence of the highly evolved "american justice system." though we borrowed a lot from the french civil code due to the spanish influence and heritage.

however, no matter how good our system of laws is. there are various influences that affect their application or jurisprudence.

neither does it mean that because a law is not used or a statute is being left to oblivion that it would warrant the status of non-existence. this is not true. we think the law does not exist because they are not being applied or enforced. this is wrong. the reason why laws are not being applied is due mostly to the failure to prosecute. they are however, effective, binding, or enforceable until amended or over-ruled by a subsequent law or statute.

the failure to prosecute results when protagonists, that is, plaintiff and defendant decide on some settlements rather than apply the natural course of the process. except for violations which involves the sovereign power of government, this is what happens to most cases.

lawyers are expensive, and magistrates or judges are not perceived to be fair or just or simply easily bribed and threatened with violence such as by hired 'hitmen' for the adversely affected party. the higher in stature a person is in society the more difficult it is to prosecute. compounded by the 'padrino system' and 'cloak-and-dagger' culture.

however, prevailing circumstances does not negate the existence of law. it only confirms the tediousness of the process and its necessity. it remains a challenge to government and to law enforcement in the end where" justice is to be served."

after all we are bound as citizens in the idea of a regime under the "rule of law." a government and society failing in this has lost the right to exist when it fails to recognize and observe that basic democratic inspiration. it will only operate as a matter of transition until the people will realize that a new order by sovereign agreement, based on unalterable historical circumstances, will have to be formed. when the time comes...once it presents itself as a realization. it will be indestructible...

movies: el greco

here is a plot summary from flixter:

Plot: An epic tale of an uncompromising artist and fighter for freedom, Domenicos Theotokopoulos, known to the world as "El Greco". Set in the 16th century, El Greco's search for freedom and love ranges from the courts of Crete and Venice to Toledo in Spain. Here he is confronted by his greatest adversary: the Holy Inquisition. Never backing down in his stand against the establishment of his day, El Greco's story is one of unusual heroism, betrayal, love, and the power of one man and his creative consciousness to stand up and overcome barbarity and ignorance. An inspiration which lives on to this day---flixter.com

during my prelaw college days in architecture, i never heard much of him(till the movie). i heard of michaelangelo( who hasn't?), with his paintings in the ceiling of sistene chapel (where pope's are elected) and being one of the several architects for st. peter's basilica in the vatican.

his personality is intriguing in the sense that he claimed "michaelangelo did not know how to paint." remember that he was a greek, resided(migrated -settled -died) in toledo, during the 'inquisition' period when spain was the only world power after the fall of the roman empire. he was in fact, commissioned to do some artworks for king philip's newly built palace.

somehow, his time affected him so much (tell me of an artist who is not) and found expression in his paintings. paintings where its figures are mis-proportioned to the point of monstrosity. a very telling sign of his time, his day and age where the religious acted as the world highest court of law. magistrates of the most high whose ulterior motives were murder and gain the wealth of jews as a result.

indeed, the illusions of religion created a separate illusion of enemy to justify its existence. however, that's an entirely different story.

• screenshots
• related readings (funniest non-fiction ever!)
  

reference: WHT on international law

last march 18, 2008, i made a post on "sourcing international law" which became question number one(Ib) in Political Law for the PH bar exams given last September.and which would have led to easy points( i guess that gives me some form of bragging rights..hahah)...just a single click away, the referral link at the bottom of the post gave the exact answer.

the referral link goes to answer it as follows:

How to Know the Difference Between Soft Law and Hard Law (International Law)

from wikiHow - The How to Manual That You Can Edit

If you are studying international law, there is a little notion called "soft law" that can sometimes be confusing to understand. Here is how to tell the difference between soft law and hard law in the context of the international legal system.

Steps

1. Learn what the terms "soft law" and "hard law" mean:
   
   • Soft law means commitments made by negotiating parties that are not legally binding.
     
   • Hard law means binding laws. To constitute law, a rule, instrument or decision must be authoritative and prescriptive. In international law, hard law includes treaties or international agreements, as well as customary laws. These instruments result in legally enforceable commitments for countries (states) and other international subjects.
     
   
   
2. Familiarise yourself with the types of legal instruments that make up "hard law" in the context of the international legal system:
   
   • Treaties (also known as conventions or international agreements)
     
   • Security Council Resolutions
     
   • Customary international rules
     
   
   
3. Familiarise yourself with the types of instruments that tend to be soft law instruments:
   
   • Most UN General Assembly Resolutions and Declarations (see "Tips" below)
     
   • Statements, principles, objectives, declarations of principles
     
   • Guidelines, standards
     
   • Action plans
     
   
   
4. Be aware that while soft law is not binding in a legal sense, soft law instruments do carry some authority. Soft law instruments are negotiated in good faith by the negotiating parties who hold some expectation that the non-binding commitments will be met as much as reasonably possible. It is important to note that soft law statements often contain aspirational language that inspires reliance on them to improve policy-making in areas such as the environment, sustainable development and human rights.
   
5. Realize that soft law can evolve into hard law. An important role of soft law instruments is their ability to influence the future development of hard law commitments. When analysing international law soft law instruments, keep in mind how this useful and innovative aspect of soft law can be a bridge between no commitments and legally binding commitments.
   

Tips

• It is helpful to refer to Article 38 of the Statute of the International Court of Justice to see which sources of law are considered to form binding international law: treaties, custom and the general principles of international law. Also there are the two subsidiary "sources": judicial decisions and the writings of highly qualified publicists.
  
• The General Assembly resolutions are often mistakenly considered binding. Resolutions that relate to "housekeeping" within the internal organisation of the General Assembly are binding on members of the Assembly but other resolutions are not legally binding per se. What is important is to examine whether or not such resolutions have legal effects arising from the subject matter or from the way they are drafted. Some countries do not agree that any legal interpretations arise out of UN GA resolutions, preferring to view them as political aspirations; other countries, however, find some UN resolutions to be authoritative interpretations of the UN Charter. It is complicated and you should do a lot of research!
  
• While soft law is also creeping into domestic law, this article is only concerned with international law.
  

Warnings

• Remember that the term "hard law" is only used in contrast to "soft law". Don't walk around calling yourself a "hard law" lawyer. But nobody will mind if you call yourself a hard lawyer... you may not win friends but that is up to you!
  
• Be aware that soft law is contentious for some international legal practitioners who do not like the term "law" being used for non-legally binding commitments. Yet, there are good reasons for it being called soft law, so the term endures. Most importantly, soft law commitments influence the creation of hard law over time and soft law instruments will often fill a policy gap while policy parameters are still being worked through.
  

Related wikiHows

• How to Get a Job With the United Nations
  
• How to Define International Development Law
  

Article provided by wikiHow, a wiki how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Know the Difference Between Soft Law and Hard Law (International Law). All content on wikiHow can be shared under a Creative Commons license.

video: los angeles

issue: rights of the unborn

whereas, the constitution under article ii section 12 explicitly and expressly provides that: "...equally protect the life of the mother and the life of the unborn at the moment of conception..." i felt it necessary to expound on the said matter.

what exactly is the right of the unborn?
does it have a right?

lets pick it up from the constitutional convention members...

The formula that is found in the second sentence of section 12 is the product of much debate. It is first of all important to understand what it does not assert. It does not say that the unborn is a legal person; nor does it deny, however, that the state under certain conditions might regard the unborn as a person. It does not assert that that the life of the unborn is placed on exactly the same level as the life of the mother. It recognizes that when necessary to save the life of the mother , it may be necessary and legitimate to sarifice the life of the unborn. It however, denies that the life of the unborn may be sacrificed merely to save the mother from emotional suffering or to spare the child from a life of poverty. The emotional trauma of a mother as well as the welfare of the child after birth ca be attended to through other means such as availing of the resource of welfare agencies. The provision , in fact, is intended primarily to prevent the state from adopting the doctrine in the United States Supreme Court decision of Roe v. Wade which liberalized abortion laws up to the sixth month of pregnancy by allowing abortion at the discretion of the mother anytime during the first six months when it can be done without danger to the mother.


The unborn's entitlement to protection begins "from conception," that is, from the moment of conception. The intention is to protect life from its beginning, and the assumption is that human life begins at conception and that conception takes place at fertilization. There is however no attempt to pinpoint the exact moment when conception takes place. But while the provision does not assert with certainty when human life precisely begins, it reflects the view that, in dealing with the protection of life, it is necessary to take the safer approach.


Incidentally, too, the respect for life manifested by the provision harmonizes with the abolition of the death penalty and the ban on nuclear arms.-----SOURCE: The 1987 Consti. A Commentary by Joaquin G. Bernas, S.J.; pp. 77-78

POINT OF CONTENTION:

1. Roe v. Wade does not legalize abortion on the first six months. The period as stated by the controversial case is during the "first trimester". It is either that the convention was mis-informed or deliberately misled.


2. The provision has the effect of over-turning the U.S. Supreme Court. Without arguments, discussion of different views, consultations , public debate and consensus which can only be properly done in the legislature. It is a very broad sweep. Congress being the repository of sovereign will. Just like the way the pope handled the collegial body tasked to study the 'humanae vitae.' The holy-ass overruled it. Typical behavioral pattern. These religious people have no respect for the democratic process. The insertion to the new provision introduces a new subject . The subject is that of the "life of the unborn". A subject which did not exist in the previous 1973 as well as the original 1935 constitutional provisions and which were eventually carried over to the present. Noting the presence of the subjects on 'family as an institution" and "the molding of youth" relative to the mandate for government support-not regulation. Bernas has even admitted that it was basically inserted to counter the possible adoption of roe v. wade in this jurisdiction. It means that Bernas stands above the U.S. Supreme Court with regard to the controversial issue. Inappropriate in the sense that its like he just turned around, pulled down his pants then showed his butt. Abhorent in the sense that it is without regard for "the rule of law." Typical manifestation of "jesuit superiority complex".

3. Abortion of the unborn is basically immoral. The perversion of government/institutions to regulate it is equally unacceptable on grounds of 'due process.' The human body must never be tampered in order to conform with society's demands. To do so, would reduce the citizen to status of an animal. We are not large cattle nor sheep to be herded. Conscience prevails in each individual. The best the government and church can do is provide support in any way possible without being coercive or intrusive towards individual dignity. Contraception is equally repulsive-it is not a solution. It makes women objects of sexual gratification. However, considering that persons have different outlooks and orientations...it must be left as a personal option. Following the doctrine of parens patria, the limitation is clear.

4. One effective way to reduce abortion is through economic sufficiency. By providing proper reforms and opportunities for personal development. Where 20% or even less of the country's elite control 80% of the resources there is no social justice. This is the root cause of most social problems. The world's resources is not unlimited. But man's greed has no bounds. The reduction in rates of abortion in the US, for example, may be attributed to government support for 'unwed' mothers in terms of benefits like tax discounts-exemptions or periodic financial allowances for the mother and child. The effectiveness of institutions.

5. Coercion of the mother to give up the child for adoption traumatizes her and leaves a stigma.

6. I strongly believe that the issue on the 'life of the unborn' deserves a separate section within the article. It should not have been inserted in such a manner as to subscribe to the narrow dogmatic prescriptions of the church. This is a patent violation on the constitutional provision for the "separation of church and state." Marriage should be viewed as a solemn agreement between man and woman or two parties. Even without the intervention of the priest. As a civil union of human beings. Otherwise to subscribe to the religious doctrine that marriage is for procreation is to follow an outdated and obsolete idea. What about gay marriages? Adoption? Don't they also result in parenting the child?

7. The section definitely deserves a re-examination, an amendment, a devolution to its original state. The insertion partakes on the nature of fraud if not trickery. A 'rider' within legislative parlance.

In Christianity neither morality nor religion come into contact with reality at any point.

Friedrich Nietzsche, The Antichrist, section 16

FURTHER READINGS:

• Abortion in the Philippines: Reasons and Responsibilities
• Controversial ADMU-Faculty Position Paper
  
• First Things