Simplifying the path to annulment

 For couples desperate to find a way out of their troubled marriages, annulment is a trying and tedious legal process. Aside from being weighed down by the difficulty of proving the psychological incapacity of either spouse, they also have to incur many expenses: the cost of litigation, filing fees, and even the professional fees of psychologists and psychiatrists.

House Bill 3952, "An Act Recognizing Spousal Violence, Infidelity and Abandonment as Presumptive Psychological Incapacity Constituting a Ground for the Annulment of Marriage", hopes to make annulment more accessible even to poor couples.

Bayan Muna Representative Neri Colmenares, who authored the measure, said HB 3952, which seeks to simplify the annulment process, offers couples an easier and less expensive way out.

Under HB 3952, infidelity, abandonment or spousal violence are presumed indications of psychological incapacity. In effect, psychological incapacity would be easier to prove, and the annulment process would take less time and money to complete.

"Pag na-prove mo na may violence or infidelity, may presumption agad na that is equated to psychological incapacity which should result in the nullification of the marriage," Colmenares said in an interview on "The Rundown" on Tuesday.

Under the measure, Colmenares said, adding the presumption of psychological incapacity under Article 36 would reduce the length of the proceedings, and cut expenses like professional fees for psychiatrists or psychologists.

Is divorce the better option?

But Atty. Evalyn Ursua disagrees.

"Sabihin natin may presumption 'yung batas. Pwede i-dispute by presenting contrary evidence," Ursua said during the same interview.

While the objective of the bill is laudable, Ursua, an advocate of women's and children's rights, said presumption, which would remove the need for psychiatrists, would not necessarily solve the problem of cost or accessibility as the legal process itself could be long-drawn. She said such changes won't matter much as the bill will not change the legal standards set by the Supreme Court.

"Problema ko sa bill mismo, hindi niya binabago 'yung legal standards na si-net ng Supreme Court. Nagke-create siya ng presumption na 'pag ito napatunayan mo, any of the three (conditions), psychological incapacity 'yun. But we have to remember, disputable presumption iyon," she said.

Ursua explained that the high court currently requires 3 things: antecedence (which states that incapacity existed before the marriage), seriousness, and incurability (which is often supported by expert testimony).

In light of such deficiencies in the measure, Ursua added that the annulment process could be shortened by improving the bill, beginning with defining psychological incapacity, changing existing legal standards, and adding consistent refusal rather than mere incapacity as a condition.

"We can define psychological incapacity to do away clearly with the requirement of psychiatric of psychological evidence and change the standards of SC. Say you have to prove inability to perform the marital obligations, not refusal.

"Other legislators might object to this and say this might be worse than a straightforward divorce law kasi parang nagpre-present na psychological incapacity pero mas mababa hinihingi niya. Ang sinasabi namin, 'wag na tayo maglokohan," she said.

Calling Article 36 a "pseudo-divorce law" because of the intellectual dishonesty involved, Ursua said divorce--which is not allowed in the Philippines--may be the better legal option.

"I think there should be a divorce law. I'm for a law that says we can terminate a marriage. Let's not hide behind psychological incapacity.

"If we run a survey, the Filipino people are ready for a divorce law and legislators should listen. This view that we shouldn't have a divorce law is an antiquated view and doesn't address realities," Ursua explained.

Ursua added that legal fees can be reduced to improve accessibility to annulment.

"I suggest we make legal representation more accessible through the Public Attorney's Office," Ursua said.

She added that the Integrated Bar of the Philippines is making rules on free legal assistance which may help address the issue of expensive legal processes.

Aside from Malta, the Philippines is among the last few countries left without a divorce law, according to Ursua.

Catholic church reacts

But instead of pushing for a measure that dissolves marriages, some church leaders say lawmakers may be better off supporting bills that would protect the family unit.

Lipa Archbishop Ramon Arguelles said in an interview on ABS-CBN's "Umagang Kay Ganda", "Ang problema dun sa pino-propose ni Congressman (Colmenares) at other bills similar to that ay [these are] leading to divorce. 'Yung sa bills ni Congressman, we are promoting na masira 'yung family. Why don't we create bills that will preserve the family?"

"They (married couples) should not cover a mistake by another mistake, na 'pag nagkamali, you have to live up to your mistake. Nag-asawa kayo, later on naging taksil. Sa Catholicism, we have to live rightly. 'Yun ang righteousness kaya try your best," he said.

Arguelles lamented how marriage has become trivial in countries like the United States which allow divorce, with separation rates rising from 10% in 1968 to 90% today.

(http://www.abs-cbnnews.com/lifestyle/01/19/11/simplifying-path-annulment)

Latin Legal Maxims

Omne sacramentum debet esse de certa scientia – Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt – All crimes (committed) in the open are (considered) lighter.
Omnia praesumuntur contra spoliatorem – All things are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam utilitate prodeat – Every innovation disturbs more by its novelty than it benefits by its utility.
Optima legum interpres est consuetudo – The best interpreter of laws is custom.
Optimus interpres rerum est usus – The best interpreter of things is usage.
Pacta privata juri publico non derogare possunt – Private contracts cannot derogate from public law.
Par delictum – Equal fault.
Pari passu – On an equal footing.
Partus sequitur ventrem – The offspring follows the mother.
Pater est quem nuptiae demonstrant – The father is he whom the marriage points out.
Peccata contra naturam sunt gravissima – Wrongs against nature are the most serious.
Pendente lite nihil innovetur – During litigation nothing should be changed.
Per curiam – In the opinion of the court.
Per minas – By means of menaces or threats.
Per quod – By reason of which.
Post mortem – After death.
Prima facie – On the face of it.
Prima impressionis – On first impression.
Pro hac vice – For this occasion.
Pro rata – In proportion.
Pro tanto – So far, to that extent.
Pro tempore – For the time being.
Publici juris – Of public right.
Quaeitur – The question is raised.
Quantum – How much, an amount.
Qui facit per alium, facit per se – He who acts through another acts himself.
Qui haeret in litera, haeret in cortice – He who stices to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur – He who is in the womb is considered as already born as far as his benefit is considered.
Qui non habet potestatem alienandi, habet necessitatem retinendi – He who has not the power of alienating is under the necessity of retaining.
Qui non habet, ille non dat – He who has not, does not give.
Qui non improbat, approbat – He who does not disapprove, approves.
Qui non obstat quod obstare potest facere videtur – He who does not prevent what he is able to prevent, is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire videtur – He who does not prohibit when he is able to prohibit, is in fault.
Qui peccat ebrius, luat sobrius – He who does wrong when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet – He who is able and ought to forbit and does not, commands.
Qui prior est tempore potior est jure – He who is prior in time is stronger in right.
Qui sentit commodum, debet et sentire onus – He who derives a benefit ought also to bear a burden.
Qui tacet consentire videtur – He who is silent appears to consent.
Quid pro quo – Consideration. something for something.
Quidcquid plantatur solo, solo cedit – Whatever is planted in or affixed to the soil, belongs to the soil.
Quod ab initio non valet, in tractu temporis non convalescit – What is not valid in the beginning does not become valid by time.
Quod constat curiae opere testium non indiget – What appears to the Court needs not the help of witnesses.
Quod necessarie intelligitur, id non deest – What is necessarily understood is not wanting.
Quod necessitas cogit, defendit – What necessity forces it justifies.
Quod non apparet, non est – What does not appear, is not.
Quod non habet principium non habet finem – What has no beginning has no end.
Quod per me non possum, nec per alium – What I cannot do through myself, I cannot do through another.
Quod prius est verius est; et quod prius est tempore potius est jure – What is first is more true; and what is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit – The law does not require what is vain and useless.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est – When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.
Ratio est legis anima, mutata legis ratione mutatur et lex – Reason is the soul of the law; when the reason of the law changes the law also is changed.
Re – In the matter of.
Reprobata pecunia leberat solventem – Money refused releases the debtor.
Res – Matter, affair, thing, circumstance.
Res gestae – Things done.
Res integra – A matter untouched (by decision).
Res inter alios acta alteri nocere non debet – Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
Res judicata accipitur pro veritate – A thing adjudged is accepted for the truth.
Res nulis – Nobody s property.
Respondeat superior – Let the principal answer.
Rex est major singulis, minor universis – The King is greater than individuals, less than all the people.
Rex non debet judicare sed secundum legem – The King ought not to judge but according to the law.
Rex non potest peccare – The King can do no wrong.
Rex nunquma moritur – The King never dies.
Rex quod injustum est facere non potest – The King cannot do what is unjust.
Salus populi est suprema lex – The safety of the people is the supreme law.
Sciens – Knowingly.
Scienter – Knowingly.
Scire facias – That you cause to know.
Scribere est agere – To write is to act.
Se defendendo – In self defence.
Secus – The legal position is different, it is otherwise.
Semper praesumitur pro legitimatione puerorum – Everything is presumed in favor of the legitimacy of children.
Semper pro matriomonio praesumitur – It is always presumed in favor of marriage.
Sententia interlocutoria revocari potest, definitiva non potest – An interlocutory order can be revoked, a final order cannot be.
Servitia personalia sequuntur personam – Personal services follow the person.
Sic utere tuo ut alienum non laedas – So use your own as not to injure another s property.
Simplex commendatio non obligat – A simple recommendation does not bind.
Stare decisis – To stand by decisions (precedents).
Stet – Do not delete, let it stand.
Sub modo – Within limits.
Sub nomine – Under the name of.
Sub silentio – In silence.
Sublata causa, tollitur effectus – The cause being removed, the effect ceases.
Sublato fundamento, cadit opus – The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens – A subsequent marriage removes the preceding wrong.
Suggestio falsi – The suggestion of something which is untrue.
Sui generis – Unique.
Summa ratio est quae pro religione facit – The highest reason is that which makes for religion, i.e. religion dictates.
Suppressio veri – The suppression of the truth.
Suppressio veri expressio falsi – A suppression of truth is equivalent to an expression of falsehood.
Talis qualis – Such as it is.
Terra firma – Solid ground.
Testamenta latissimam interpretationem habere debent – Testaments ought to have the broadest interpretation.
Traditio loqui chartam facit – Delivery makes a deed speak.
Transit terra cum onere – The land passes with its burden.
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium – When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est – Where there is a right there is a remedy.
Ubi non est principalis, non potest esse accessorius – Where there is no principal, there can be no accessory.
Ubi nullum matrimonium, ibi nulla dos es – Where there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam – The last will of a testator is to be fulfilled according to his true intentio.
Ut poena ad paucos, metus ad omnes, perveniat – That punishment may come to a few, the fear of it should affect all.
Utile per inutile non vitiatur – What is useful is not vitiated by the useless.
Verba chartarum fortius accipiuntur contra preferentem – The words of deeds are accepted more strongly against the person offering them.
Verba debent intelligi cum effectu – Words ought to be understood with effect.
Verba intentioni, non e contra, debent inservire – Words ought to serve the intention, not the reverse.
Verbatim – Word by word, exactly.
Vi et armis – With the force and arms.
Via antiqua via est tuta – The old way is the safe way.
Vice versa – The other way around.
Vide – See.
Vigilantibus non dormientibus jura subveniunt – The laws serve the vigilant, not those who sleep.
Vir et uxor consentur in lege una persona – A husband and wife are regarded in law as one person.
Visitationem commendamus – We recommend a visitation.
Volens – Willing.
Volenti non fit injuria – An injury is not done to one consenting to it.
Voluntas in delictis non exitus spectatur – In offences the intent and not the result is looked at.
Voluntas reputatur pro facto – The will is taken for the deed.

law and lawbreakers

Criminals and Law Breakers Most countries have laws (official rules set by the government). Together, these laws are called "the Law". When people disobey the Law, we say that they "break the law", and we call such people "law breakers" or "criminals". Breaking the law is a "crime". This criminal (noun) does this... The crime (noun) The action (verb) accomplice helps another person to commit a crime aiding and abetting to aid and abett arsonist sets fire to other people's property illegally arson to commit arson assassin kills people for political reasons, or in return for payment assassination to assassinate bigamist marries more than one person at the same time bigamy to commit bigamy burglar breaks in to buildings to steal burglary to burgle deserter is a member of the armed forces who leaves without permission desertion to desert drug dealer buys and sells illegal drugs drug dealing to deal in drugs forger makes fake money or documents forgery to forge gangster is a member of a violent criminal gang (group) gangsterism - hijacker takes control of a vehicle (plane, ship etc) by force and diverts it hijacking to hijack hooligan is a violent young troublemaker hooliganism - kidnapper takes people away by force and demands money to free them kidnapping to kidnap mugger attacks and robs people in a public place mugging to mug murderer deliberately kills another person murder to murder offender is anybody who breaks the law committing an offence to offend pickpocket steals money etc from other people's pockets pickpocketing to pickpocket robber steals money etc, using force or the threat of force robbery to rob shoplifter steals goods from a shop while pretending to be a customer shoplifting to shoplift smuggler moves goods illegally into or out of a country without paying tax smuggling to smuggle spy secretly gets information about another country spying to spy industrial spy secretly gets information about a company industrial spying to spy stowaway hides on a plane or ship to travel secretly and free stowing away to stow away terrorist uses violence for political reasons terrorism to commit terrorism thief steals property from other people (without using violence) theft to thieve traitor betrays his country to another country treachery to betray vandal deliberately destroys or damages public property vandalism to vandalize

government as law breaker

Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.
      - Louis D. Brandeis,  part of his dissent in the case "Olmstead v. United States", 277 U.S. 438, 485 (1928)

A judicial pronouncement of just another sad symptom of the dysfunctions that plague our country: those who enforce the law have become the law-breakers.

CORRUPTION:

Corruption can be defined as the paying and receiving of bribes for preferential treatment

For years we have all known that our once efficient civil service was slowly breaking down. Money or connections slowly but surely became a necessity to get past any government red tape.

Corruption indexes are introduced by Transparency International. They have a special criteria to measure the corruption through 13 independent surveys in any country or nation or governments. The rankings of the countries which can be the most corrupt in the world in 2010 and 2011 are following.

No.	Flags	Country	Score	Location
1.		Somalia	1.1	Africa
2.		Myanmar	1.4	Asia
3.		Afghanistan	1.4	Asia
4.		Iraq	1.5	Middle East
5.		Uzbekistan	1.6	Central Asia
6.		Turkmenistan	1.6	Central Asia
7.		Sudan	1.6	Africa
8.		Chad	1.7	Africa
9.		Burundi	1.8	Africa
10.		Equatorial Guinea	1.9	Africa

Factors To Measure Corruption In Public Sector In Any Country

1. Rank Cause of corruption Index
2. Lack of sanctions or impunity 0.93
3. Inertia and inaction 0.86
4. Desire for personal enrichment 0.84
5. Lack of transparency 0.81
6. Lack of motivation due to the drop in purchasing power 0.81
7. Arbitrary career promotion 0.79
8. Abuse of power by public offi cials 0.78
9. Poor functioning of the administration 0.7
10. Lack of clear rules and standards of conduct 0.66
11. Pressure from superiors/high-ranking persons 0.57
12. Excessive patronage and tutelage 0.53
13. Everyone else does it 0.44

Although the Philippines is not in the above list,  In a World Bank report,the Philippines is cited with increasing frequency (by business surveys, the media, and anticorruption watchdog agencies) as a country where corruption is a factor that inhibits foreign and domestic investment and which may be eroding the country’s
competitive position. Such investment is vital to economic growth and social well being. Nearly $2 billion dollars, or roughly 13 percent of the Philippines' annual budget, is lost to corruption in the country each year, according to the United Nations Development Program.

Corruption in the Philippines is a large problem and integrated in the society for years. Everybody seems to accept it. Corruption has penetrated every level of government, from the Bureau of Customs down to the traffic police officers who pull over motorists to demand bribes.

As for the police, it has likewise been a similar tale of sliding into ignominy. there was a time when you could trust the men and women who swore to enforce the law of our land. unfortunately, the police have now fallen to the level where the only thing we expect when stopped by an officer is to be asked for a bribe, and where we are wont to suspect wrongdoing whenever the police are involved.

 HUMAN RIGHTS
 

The human rights situation is worsening worldwide and especially in the important emerging economies of Pakistan, China, Russia, Colombia, Bangladesh, Nigeria, India, Philippines and Mexico. These are the findings of the Human Rights Risk Atlas 2011 that calculates and maps the risk of complicity in human rights abuses for companies operating worldwide.

It is the emerging economies which cause most concern, as many multinational companies and investors now have considerable interests centred there and strong economic growth is not being translated into improving human rights, posing a range of legal, reputational, operational and strategic challenges for business.

Most significantly for business, given it plays a major role in supply chains, China has fallen two places in the ranking from last year to 10th. China joins DR Congo (1), Somalia (2), Pakistan (3), Sudan (4), Myanmar (5), Chad (6), Afghanistan (7), Zimbabwe (8), and North Korea (9) as the countries with the worst human rights records. Russia (14), Colombia (15), Bangladesh (16), Nigeria (17) India (21), Philippines (25) and Mexico (26) have also seen their scores worsen and are featured in the ‘extreme risk’ category.

A 2006 US State Department  Report found that although the government generally respected human rights, some security forces elements—particularly the Philippine National Police—practiced extrajudicial killings, vigilantism, disappearances, torture, and arbitrary arrest and detention in their battle against criminals and terrorists. Prison conditions were harsh, and the slow judicial process as well as corrupt police, judges, and prosecutors impaired due process and the rule of law. Besides criminals and terrorists, human rights activists, left-wing political activists, and Muslims were sometimes the victims of improper police conduct. Violence against women and abuse of children remained serious problems, and some children were pressed into slave labor and prostitution

What can P-Noy do now?

Benigno Aquino III, the son of the late president Corazon Aquino, swept to power in the May presidential elections on a platform of fighting corruption and promoting justice for victims of crime.Perhaps P-Noy  will mean what he said immediately after the election: "I will not only not steal, but I'll have the corrupt arrested."Perhaps his campaign promise to investigate his predecessor former presindent GMA, on allegations of corruption will not backfire, setting off yet more political strife in a country that cannot afford such distraction. Perhaps his promise to crack down on the nation's blatant tax evaders will not bring these powerful clans and families down on his neck. Perhaps the new president will stand up for those who elected him and against those who spawned him.

If Aquino indeed is the opposite of Arroyo, as he had hinted throughout the campaign, stopping the killings of activists, peasants, journalists, human-rights workers, to name a few, by ending the culture of impunity in the Philippines should be a top priority.

Aliwan : Tribal War in the Philippines

As Aliwan 2013 grand champion, Iloilo's Dinagyang has beaten Cebu's Sinulog , the former with 5 wins while the latter has 3 wins  out of the total 11 Years of the Festival.

The month of April is a big treat for those who love a great street dancing showdown.  Since 2003  the Aliwan Festival  was held n Manila Philippines and drew tens of thousands of spectator, photographers and participants for all the festivities and happenings. Filipinos love festivals and in the modern world where tourism is such an important part of the economies of nations, there is no better way to draw tourists, visitors, and get great press than to have amazing events that highlight the beauty, products, craftsmanship, and heritage of the many cultures that identify themselves as Filipinos.

   Is there really a Tribal War? Media Hype or Regional Pride? With the pride of both regions on the line,   you be the Judge on the festival  Rivalry.. who can help it??

Sinulog2011

sinulog2011

 In 2011,  i went to Cebu to witness Sinulog festival  which is held each year on the third Sunday of January in Cebu City to honor the Santo Niño, or the child Jesus. It is essentially a dance ritual which remembers the Filipino people’s pagan past and their acceptance of Christianity. The festival features some the country’s most colorful displays of pomp and pageantry: participants garbed in bright-colored costumes dance to the rhythm of drums, trumpets, and native gongs. The streets are usually lined with vendors and pedestrians all wanting to witness the street-dancing “Sinulog” plainly means “graceful dance” accompanied by drumbeats and a glum holy mass become a crowd-drawing international cultural festival of Cebu

dinagyang2010

In 2010 and 2012, I attended the Dinagyang  which is a religious and cultural festival in Iloilo City, Philippines held on the fourth Sunday of January, or right after the Sinulog In Cebu and the Ati-Atihan in Aklan. It is held both to honor the Santo Niño and to celebrate the arrival on Panay of Malay settlers and the subsequent selling of the island to them by the Atis. The root word is dagyang. In Ilonggo, it means to make happy. Dinagyang is the present progressive word of the Ilonggo word, meaning making merry or merry-making. A religious and cultural activity, it is a celebration of Ilonggos whose bodies are painted with black in effect to imitate the black, small and slender Negritos who are the aborigines of Panay. 

dinagyang 2010

The warriors are dressed in fashionable and colorful Aeta costumes and dance artistically and rhythmically with complicated formations along with the loud thrashing and sound of drums.. There are a number of requirements, including that the performers must paint their skin brown and that only indigenous materials can be used for the costumes. The current Ati population of Iloilo is not involved with any of the tribes nor are they involved in the festival in any other way

dinagyang2010

These two festivals have been pitted against each other as to which is better and the best festival in the Philippines. In fact,they have been consistently vying for the top post in the annual Aliwan Fiesta. Aliwan Fiesta is an annual event that gathers different cultural festivals of the Philippines in Star City Complex in Pasay City wherein contingents compete in dance parade and float competitions, as well as in a beauty pageant. the event is dubbed as "The Mother of All Fiestas," with prizes totaling to P3 million. Aliwan Fiesta, which began in 2003, aims to showcase the different Filipino cultures and heritage not only to the people in Metro Manila but also to the rest of the world. The contingents, meanwhile, aim to promote their respective regions both economically and tourism-wise.It was originally organized as a visual extravaganza for the Christmas season, but it has since been held during the summer months of either April or May. Aliwan is a Tagalog word for "entertainment" or "amusement."

sinulog2011

The Dinagyang has 5 wins  while Sinulog has 3 wins out of the total 11  Years of the Festival

2003  Halad Festival of North Cotabato

2004  Tribu Atub atub (Dinagyang,  Iloilo City)

2005 Pintados de Passi Festival, Passi City, Iloilo

2006  Lumad Basakanon (Sinulog,  Cebu City)

2007  Lumad Basakanon  (Sinulog ,  Cebu City)

2008  Lumad Basakanon (Sinulog, Cebu City

2009 : Buyogan Festival  (Abuyog, Leyte)
2010  Tribu Paghidaet (Dinagyang, Iloilo)
2011 Tribu Pan-ay (Dinagyang, Iloilo)
2012 Tribu Pan-ay (Dinagyang, Iloilo)
2013 Tribu Panayanon (Dinagyang, Iloilo)

 While the Sinulog is a whole day affair on the  third  Sunday, Dinagyang  is held for two half days on the fourth saturday and sunday  for the Kasadyahan Street Dancing and Ati-Ati Street Dancing,respectively. Sinulog dancers will have one major performance at the Abellana Stadium while the Dinagyang dancers have four major performance in four major judging stages.

dinagyang2010

sinulog2011

aliwan 2011

aliwan 2011

Another festival that is much awaited is the Buyogan Festival of Abuyog, Samar who became the champion in 2009. Three years after, in 2012, they got the second place .

For more pics of my Sinulog and Dinagyang trip as well as Aliwan, see the following: 

 Dinagyang 2010  http://www.facebook.com/album.php?aid=142603&id=542932735

Sinulog 2011 http://www.facebook.com/album.php?id=542932735&aid=268661

 Aliwan  http://www.facebook.com/album.php?aid=165366&id=542932735

Aliwan 2013 https://www.facebook.com/media/set/?set=a.10151422057082736.1073741832.542932735&type=3

aliwan 2010

aliwan 2010

aliwan 2011

aliwan 2010

aliwan 2010

panagbenga