FACTS: Ah Chong was a cook in Ft. McKinley. He was afraid of bad elements. One evening, before going to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door. He called out twice "Who is there?", but received no answer. Fearing that the intruder was a robber, he leaped from his bed and called out again, "If you enter the room, I will kill you." But at that precise moment, he was struck by the chair that had been placed the door and believing that he was being attacked he seized a kitchen knife, struck and fatally wounded the intruder who turned out to be his roommate. Thereupon, he called to his employers and rushed back int the room to secure the bandages to bind up the wound. Defendant was charged with murder.
ISSUE: Whether or not Ah Chong may be held criminally responsible for murder in the case at bar.
HELD: The Court held that Ah Chong must be acquitted.
Had the facts been as Ah Chong believed them to be, he would have been justified in killing the intrude. Par. 1, Art XI of the Revised Penal Code (RPC) provides that in order for the act to be justified, the requisites must be present.
Requisites (Honest Mistake of Fact):
1) Unlawful agression on the part of the victim
2) Reasonable necessity of the means employed to prevent or repel the unlawful aggression
3) Lack of sufficient provocation on the part of the person defending himself
If the victim was really a robber, forcing his way into the room of Ah Chong, there would have been unlawful aggression, there would have been a necessity on the part of Ah Chong to defend himself and/or his home and the knife would have been a reasonable means to prevent or repel such aggression.
The act done by Ah Chong was merely an act done due to Honest Mistake of Fact. The Court acquits Ah Chong.
Criminal Law 1: Honest Mistake of Fact (Textbook: Reyes - Book 1, Professor: Atty. Amurao)
Respondent: People of the Philippines and Court of Appeals
FACTS: Appeal from a decision of the Court of Appeals affirming that the CFI of Manila, convicting appellant Ernesto Cuenca, who at the time of arrest of arrest on January 3, 1963 was on duty at the Philippine Savings Bank as a special watchman and security guard of the Bataan Veterans Security Agency to which the firearm, and Ithaca .45 pistol, of the crime of illegal possession of firearm and seven rounds of ammunition and sentencing him to imprisonment for one year and to pay the costs. Appellant's main argument for defense was that in his employment with the above-mentioned security agency made him to believe that the license to possess the firearm in question was with the owner of the agency, Jose Forbes.
ISSUE: Whether or not appellant is guilty of the crime charged owing to the failure of Jose Forbes to comply with his duty to obtain such license, before he issued said firearm and ammunition to his aforementioned employee.
HELD: The Court ruled in the negative. The appellant is not guilty of the crime charged.
It should be noted that the Bataan Veterans Security Agency is duly licensed to operate as such. Consequently, it may legally engage the services of competent persons to discharge the duties of special watchmen and security guards and provide them, as such, with the corresponding firearms and ammunitions. The agency is this supposed to obtain the license necessary therefore. Had it done so, there would be no question about the absence of any criminal liability on the part of the appellant herein for the possession of the firearm and ammunition in question.
Petition is therefore GRANTED.
Criminal Law 1: Animus Possendi (Textbook: Reyes - Book 1, Professor: Atty. Amurao)
Respondents: Chrysler Philippines Labor Union and Nelson Paras
FACTS: Private respondent Nelson Paras first worked with Mitsubishi Philippines as a shuttle bus driver on March 19, 1976. He resigned on June 16, 1982 because he went to Saudi Arabia and worked there as a diesel mechanic and heavy machine operator from 1982 to 1993. Upon his return, Mitsubishi Philippines re-hired him as a welder-fabricator at a tooling shop from November 1, 1994 to March 3, 1995.
On May 1996, Paras was re-hired again, this time as a probationary manufacturing trainee at the Plant Engineering Maintenance Department. He had an orientation on May 15, 1996 and afterwhich, with respect to the company’s rules and guidelines, started reporting for work on May 27, 1996.
Paras was evaluated by his immediate supervisors after six months of working. The supervisors rating Paras’ performance were Lito R. Lacambacal and Wilfredo J. Lopez, as part of the MMPC’s company policies. Upon this evaluation, Paras garnered an average rating.
Later, respondent Paras was informed by his supervisor, Lacambacal, that he received an average performance rating but it is a rate which would still qualify him to be regularized. But as part of the company protocols, the Division Managers namely A.C. Velando, H.T. Victoria and Dante Ong reviewed the performance evaluation made on Paras. Despite the recommendations of the supervisors, they unanimously agreed that the performance was unsatisfactory. As a consequence, Paras was not considered for regularization.
Paras received a Notice of Termination on November 26, 1996 which was dated November 25, 1996. This letter’s intent is to formally relieve him off of his services and position effective the date since he failed to meet the company’s standards.
ISSUE: Whether or not respondent Paras’ termination was legal or not.
HELD: The Court holds that a company employer may indeed hire an employee on a probationary basis in order to determine his fitness to perform work. The Court stresses the existence of the statements under Article 281 of the Labor Code which specifies that the employer must inform the employee of the standards they were to meet in order to be granted regularization and that such probationary period shall not exceed six (6) months from the date the employee started working, unless specified in the apprenticeship agreement.
Respondent Paras was employed on a probationary basis and was apprised of the standards upon which his regularization would be based during the orientation. His first day to report for work was on May 27, 1996. As per the company's policy, the probationary period was from three (3) months to a maximum of six (6) months. Applying Article 13 of the Civil Code, the probationary period of six (6) months consists of one hundred eighty (180) days. The Court conforms with paragraph one, Article 13 of the Civil Code providing that the months which are not designated by their names shall be understood as consisting of thirty (30) days each. This case, the Labor Code pertains to 180 days. Also, as clearly provided for in the last paragraph of Article 13, it is said that in computing a period, the first day shall be excluded and the last day included. Thus, the one hundred eighty (180) days commenced on May 27, 1996, and ended on November 23, 1996. The termination letter dated November 25, 1996 was served on respondent Paras only at 3:00 a.m. of November 26, 1996. The Court held that by that time, he was actually already a regular employee of the petitioner under Article 281 of the Labor Code. His position as a regularized employee is thus secured until further notice.
Persons and Family Relations: Period of Effectivity of Laws (Reference: New Civil Code of the Philippines, Professor: Atty. Sagayo)
Respondent: Nicolas Cuenca, as Commissioner of Public Highways and the Republic of the Philippines
FACTS: Victoria Amigable rightfully owned a lot in Cebu City which was used by the government for Mango and Gorordo Avenues without her permission and without proper negotiation of sales. Because of this, she filed a case in CFI Cebu.
Defendants argue that 1) Action was premature; 2) Right of action has already been prescribed; 3) Government cannot be sued without its consent and; 4) Cebu already agreed to use the land as such.
CFI rendered a decision which states that Amigable cannot restore and recover her ownership and possession of the said land and thus dismissed the complaint on grounds that state may not be sued without its consent.
ISSUE: Whether or not petitioner Amigable may rightfully sue the government without its consent.
HELD: In the case of Ministerio vs Court of First Instance of Cebu, it was held that when the government takes away property from a private landowner for public use without going through the legal process of expropriation or negotiated sale, the aggrieved party may properly maintain a suit against the government without violating the doctrine of governmental immunity from suit without its consent.
In the case at bar, since no annotation in favor of the government appears at the back of the certificate of title and plaintiff has not executed any deed of conveyance of any portion of the lot to the government, then she remains as the rightful owner of the lot.
She could then bring an action to recover possession of the land anytime, because possession is one of the attributes of ownership. However, since such action is not feasible at this time since the lot has been used for other purposes, the only relief left is for the government to make due compensation of the exact amount, price or value of the lot at the time of the taking.
Petition is partly GRANTED.
Constitutional Law 1: Immunity from suit (Texbook: Cruz, Professor: Atty. Usita)
Respondent: Hon. Elidberto Rosario, Jr., in his capacity as Presiding Judge of
RTC Makati, Branch 61 and Starbright Sales Enterprises, Inc.
FACTS: Petition arose from a controversy over a parcel of land. Lot 5-A, registered under the name Holy See, was contiguous to Lot 5-B and 5-D under the name of Philippine Realty Corporation (PRC). The land was donated by the Archdiocese of Manila to the Papal Nuncio, which represents the Holy See, who exercises sovereignty over the Vatican City, Rome, Italy, for his residence.
Said lots were sold through an agent to Ramon Licup who assigned his rights to respondents Starbright Sales Enterprises, Inc.
When the squatters refuse to vacate the lots, a dispute arose between the two parties because both were unsure whose responsibility was it to evict the squatters from said lots. Respondent Starbright Sales Enterprises Inc. insists that Holy See should clear the property while Holy See says that respondent corporation should do it or the earnest money will be returned. With this, Msgr. Cirilios, the agent, subsequently returned the P100,000 earnest money.
The same lots were then sold to Tropicana Properties and Development Corporation.
Starbright Sales Enterprises, Inc. filed a suit for annulment of the sale, specific performance and damages against Msgr. Cirilios, PRC as well as Tropicana Properties and Development Corporation. The Holy See and Msgr. Cirilos moved to dismiss the petition for lack of jurisdiction based on sovereign immunity from suit. RTC denied the motion on ground that petitioner already "shed off" its sovereign immunity by entering into a business contract. The subsequent Motion for Reconsideration was also denied hence this special civil action for certiorari was forwarded to the Supreme Court.
ISSUE: Whether or not Holy See can invoke sovereign immunity.
HELD: The Court held that Holy See may properly invoke sovereign immunity for its non-suability. As expressed in Sec. 2 Art II of the 1987 Constitution, generally accepted principles of International Law are adopted by our Courts and thus shall form part of the laws of the land as a condition and consequence of our admission in the society of nations.
It was noted in Article 31(A) of the 1961 Vienna Convention on Diplomatic Relations that diplomatic envoy shall be granted immunity from civil and administrative jurisdiction of the receiving state over any real action relating to private immovable property. The Department of Foreign Affairs (DFA) certified that the Embassy of the Holy See is a duly accredited diplomatic missionary to the Republic of the Philippines and is thus exempted from local jurisdiction and is entitled to the immunity rights of a diplomatic mission or embassy in this Court.
Furthermore, it shall be understood that in the case at bar, the petitioner has bought and sold lands in the ordinary course of real estate business, surely, the said transaction can be categorized as an act jure gestionis. However, petitioner has denied that the acquisition and subsequent disposal of the lot were made for profit but claimed that it acquired said property for the site of its mission or the Apostolic Nunciature in the Philippines.
The Holy See is immune from suit because the act of selling the lot of concern is non-propriety in nature. The lot was acquired through a donation from the Archdiocese of Manila, not for a commercial purpose, but for the use of petitioner to construct the official place of residence of the Papal Nuncio thereof. The transfer of the property and its subsequent disposal are likewise clothed with a governmental (non-proprietal) character as petitioner sold the lot not for profit or gain rather because it merely cannot evict the squatters living in said property.
In view of the foregoing, the petition is hereby GRANTED and the complaints were dismissed accordingly.
Constitutional Law 1: Immunity from suit (Textbook: Cruz, Professor: Atty. Usita)
Respondent: Hon. Elias B. Asuncion,
in his capacity as Judge of Court of First Instance (CFI) Leyte
FACTS: Respondent judge rendered a final decision in Civil Case No. 2012 for lack of an appeal. A project of partition was submitted to him, which he later approved. Among the parties thereto was petitioner Macariola.
One of the properties mentioned in the project of partition was Lot 1184. This lot was adjudicated t the plaintiffs Reyes in equal shares subdividing Lot 1184 into five (5) lots denominated as Lot 1184-A to 1184-E.
The fifth lot, Lot 1184-E, was sold to a Dr. Arcadio Galapon who later sold a portion of the lot to respondent Judge Asuncion and his wife Victoria. Spouses Asuncion and Galapon conveyed their respective shares and interests in Lot 1184-E to Traders Manufacturing and Fishing Industries, Inc, owned and managed by Judge Asuncion.
Macariola then filed an instant complaint in the CFI of Leyte against Judge Asuncion charging him with "Acts Unbecoming of a Judge" invoking Art 1491, par. 5 of the New Civil Code, pars.1 and 5 of the Code of Commerce, Sec. 3 par. H of RA No. 3019, Section 12 Rule XVIII of the Civil Service Rules and Canon 25 of the Canons of Judicial Ethics. A certain Judge Nepomuceno however dismissed such complaints. Hence, the case at bar.
ISSUE: Whether or not Judge Asuncion's act does not violate the above-mentioned provisions.
HELD: The Court held that respondent Judge Asuncion's acts did not constitute an "Act Unbecoming of a Judge" but he was reminded to be more discreet in his private and business activities for next time.
Article 1491, par. 5 of the New Civil Code applies only to the sale or assignment of the property which is the subject of litigation to the persons disqualified therein. Respondent judge purchased the said lot after the decision rendered was already final because no party filed for an appeal within the reglementary period which makes the lot in question no longer the subject to litigation. Furthermore, Judge Asuncion did not buy the lot in question directly from plaintiffs, rather from a Dr. Arcadio Galapon.
Petition is hereby DENIED.
Constitutional Law 1 (Textbook: Cruz, Professor: Atty. Usita)
FACTS: On August 27, 1987, President Cory Aquino appointed petitioner Bautista as permanent Chairman of the Commission on Human Rights (CHR). Bautista took her oath of office on December 22, 1988 to Chief Justice Marcelo Fernan and immediately acted as such.
On January 9, 1989, the Secretary of the Commission on Appointments (CoA) wrote a letter to Bautista requesting for her presence along with several documents at the office of CoA on January 19. Bautista refused to be placed under CoA's review hence this petition filed with the Supreme Court.
While waiting for the progress of the case, President Aquino appointed Hesiquio R. Mallillin as "Acting Chairman of the Commission on Human Rights" but he was not able to sit in his appointive office because of Bautista's refusal to surrender her post. Malilin invoked EO 163-A which provides that the tenure of the Chairman and the Commissioners of the CHR should be at the pleasure of the President thus stating that Bautista shall be subsequently removed as well.
ISSUES:
1) Whether or not the President's appointment is considered constitutional.
2) Whether or not Bautista's appointment is subject to CoA's confirmation.
3) Whether or not President should extend her appointment on January 14, 1989.
HELD:
The Court held that the it is within the authority of the President, vested upon her by the Constitution, that she appoint Executive officials. The second sentence of the provision Section 16, Article VII provides that the President is authorized by law to appoint, without confirmation of CoA, several government officials. The position of Chairman of CHR is not among the positions mentioned in the first sentence of Sec. 16, Art VII of the 1987 Constitution, which provides the appointments which are to be made with the confirmation of CoA. It therefore follows that the appointment of the Chairman of CHR by the President is to be made and finalized even without the review or participation of CoA. Bautista's appointment as the Chairman of CHR, therefore, was already a completed act on the day she took her oath as the appointment was finalized upon her acceptance, expressly stated in her oath.
Furthermore, the Court held that the provisions of EO 163-A is unconstitutional and thus cannot be invoked by Mallillin. The Chairman of CHR cannot be removed at the pleasure of the President for it is constitutionally guaranteed that they must have a term of office.
In view of the foregoing, the petition is thus GRANTED and the restraining order for Mallillin was made permanent.
Constitutional Law 1: 1987 Constitution / Appointments / Appointing Power of the President (Textbook: Cruz, Professor: Atty. Usita)
FACTS: During the Japanese insurrection in the Philippines, military men were assigned at designated camps or military bases all over the country. Japanese forces went to Mindoro thus forcing petitioner and his band move up the mountains and organize a guerilla outfit and call it the "Bolo area". A certain Capt. Beloncio relieved Ruffy and fellow petitioners of their position and duties in the "Bolo area" by the new authority vested upon him because of the recent change of command. Capt. Beloncio was thus allegedly slain by Ruffy and his fellow petitioners.
ISSUE: Whether or not the petitioners were subject to military law at the time the offense was committed, which was at the time of war and the Japanese occupancy.
HELD: The Court held that the petitioners were still subject to military law since members of the Armed Forces were still covered by the National Defense Act, Articles of War and other laws even during an occupation. The act of unbecoming of an officer and a gentleman is considered as a defiance of 95th Article of War held petitioners liable to military jurisdiction and trial. Moreover, they were operating officers, which makes them even more eligible for the military court's jurisdiction.
In consideration of the foregoing, the petition has no merit and should be dismissed. Thus, the petition is hereby DENIED.
Constitutional Law 1: State Functions / Concept of State (Textbook: Cruz, Professor: Atty. Usita)
Petitioner: Government of the Philippine Islands, represented by Executive Treasurer
Respondent: El Monte de Piedad Y Caja de Ajorras de Manila
FACTS: On June 3, 1863, a devastating earthquake in the Philippines took place. The Spanish dominions provided $400,000 aid as received by the National Treasury as relief of the victims of the earthquake. The government used the money as such but $80,000 was left untouched and was thus invested to Monte de Piedad bank, which was in turn invested as jewelries, equivalent to the same amount.
In June 1983, the Department of Finance called upon the same bank to return the $80,000 deposited from before. The Monte de Piedad declined to comply with this order on the ground that the Governor-General of the Philippine Islands and not the Department of Finance had the right to order the reimbursement because the Philippine government is not the affected party. On account of various petitions of the persons, the Philippine Islands brought a suit against Monte de Piedad for a recovery of the $80,000 together with interest, for the benefit of those persons and their heirs. Respondent refuse to provide the money, hence, this appeal.
ISSUE: Whether or not the Philippine government is authorized to file a reimbursement of the money of the people deposited in respondent bank.
HELD: The Court held that the Philippine government is competent to file a complaint/reimbursement against respondent bank in accordance to the Doctrine of Parens Patriae. The government is the sole protector of the rights of the people thus, it holds an inherent supreme power to enforce laws which promote public interest. The government has the right to "take back" the money intended fro people. The government has the right to enforce all charities of public nature, by virtue of its general superintending authority over the public interests, where no other person is entrusted with it.
Appellate court decision was affirmed. Petition was thereby GRANTED. The Court ordered that respondent bank return the amount to the rightful heirs with interest in gold or coin in Philippine peso.
Constitutional Law 1: State Functions / Concept of State (Textbook: Cruz, Professor: Atty. Usita)
Respondents: Hon. Benjamin B. Esguerra in his capacity as
OIC Governor in the province of Rizal, et al.
FACTS: Petitioner was elected as Barangay Captain together with other petitioners as Barangay Councilmen of Barangay Dolores, Municipality of Taytay, Pronice of Rizal in a Barangay election held under Barangay Election Act of 1982.
Petitioner received a Memorandum from OIC Governor Benjamin Esguerra which provided the designation of respondent Florentino Magno as Barangay Captain of the same barangay and the other respondents as members of the barangay Council of the same barangay and municipality. Petitioners maintain that Sec 3 of the Barangay Election Act of 1982 provides that the terms of office shall be six (6) years which shall continue until their successors shall have elected and qualified. Also, in accordance with the recent ratification of the 1987 Constitution, it seems that respindent OIC Governor no longer had the authority to replace them as well as designate successors.
Petitioner prayed that the Memorandum be declared null and void and that respondents be prohibited from taking over their positions.
ISSUE: Whether or not designation of respondents to replace petitioners was valid.
HELD: The Court ruled in the negative. SC declared that the Memorandum issued by respondent OIC Governor designating respondents as Barangay Captain and Councilmen of Barangay Dolores has no legal force and effect.
The 1987 Constitution was ratified in a plebiscite on February 2, 1987. By that date therefore, the provisional constitution must be deemed to have been superseded. Effectivity of the Constitution is also immediately upon its ratification.
Constitutional Law 1: 1987 Constitution (Textbook: Cruz, Professor: Atty. Usita)
Petitioner: Philippine Virginia Tobacco Administration
Respondent: Court of Industrial Relations
FACTS: Private respondents filed a petition seeking relief for their alleged overtime services (in excess of their 8 regular hours a day) and the failure to pay for said compensation in accordance with Commonwealth Act No. 444.
Section 1: The legal working day for any person employed by another shall not be of more than eight (8) hours daily.
Petitioner denies allegations for lack of a cause of action and jurisdiction.
Respondents filed a Petition for Certiorari on grounds that the corporation is exercising governmental functions and is therefore exempt from CA No. 444 which was denied and dismissed by RTC and CA. Motion for Reconsideration were also DENIED.
ISSUE: Whether or not PVTA discharges governmental and not proprietary functions and is exempt from CA No. 444.
HELD: It is an inherent state function which makes government required to support its people and promote their general welfare. This case explains and portrays the expanded role of government necessitated by the increased responsibility to provide for the general welfare.
The Court held that the distinction and between constituent and ministrant functions, which the Chief Justice points out, is already irrelevant considering the needs of the present time. He says that "The growing complexities of modern society have rendered this traditional classification of the functions of government obsolete." The distinction between constituent and ministrant functions is now considered obsolete.
The Court affirms that the Petition as well as the subsequent Motion for Reconsideration be DENIED.
Constitutional Law 1: State Functions / Concept of State (Constituent and Ministrant) (Textbook: Cruz, Professor, Atty. Usita)
Petitioner: Ramon A. Gonzalez / Philippine Constitution Association (PHILCONSA)
Respondent: Commission on Elections (COMELEC)
FACTS: This case is composed of consolidated cases filed separately by Petitioner Gonzalez and PHILCONSA assailing for the declaration of nullity of RA. No. 4913 and R.B.H. No. 1 and 3. On March 16, 1967, the Senate and the House of Representatives passed the following resolutions (Resolution of Both Houses/R.B.H.):
1. R.B.H No. 1: Proposes that Sec 5, Art VI of Constitution be amended so as to increase the membership of the House of Representatives from a maximum of 120 in accordance with the present Constitution, to a maximum of 180, to be apportioned among several provinces and that each province shall have at least one (1) member.
2. R.B.H. No. 2: Calls for a convention to propose amendments to the Constitution, which will be composed of two (2) elective delegates from each representative district, to be "elected in the general elections to be held on the second Tuesday of November 1971.
3. R.B.H. No. 3: Proposes that Sec 16, Art VI of the Constitution be amended so as to authorize Senators and Members of the House of Representatives to become delegates to the aforementioned constitutional convention, without the need to forfeit their respective seats in Congress.
Subsequently, Congress passed a bill, which became RA No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. 1 and 3 be submitted, for approval by the people at the general elections on November 14, 1967. This act fixes the date and manner of elevtion for the proposed amendments to be voted upon by the people, and appropriates funds for said election.
Petitioners assail the validity/constitutionality of RA No. 4913 and for the prohibition with preliminary injunction to restrain COMELEC from implementing or complying with the said law. PHILCONSA also assails R.B.H No. 1 and 3.
ISSUE:
1.) Whether or not RA No. 4913 is unconstitutional.
2.) Whether or not the issue involves a political question.
HELD:
1.) Pursuant to Article XV of the 1935 Constitution, SC held that there is nothing in this provision that states that the election referred to is special, different from the general election. The Congress deemed it best to submit the amendments for ratification in accordance with the provisions of the Constitution. It does not negate its authority to submit proposed amendments for ratification in general elections. Petition is therefore DENIED.
2.) SC also noted that the issue is a political question because it attacks the wisdom of the action taken by Congress and not the authority to take it. A political question is not subject to review by the Court.
Constitutional Law 1: CH 2: Constitution; Political vs Justiciable Question (Textbook: Cruz, Professor: Atty. Usita)
FACTS: Consolidated petitions are being resolved jointly as both seek for the declaration of the unconstitutionality of Executive Order No. 284 (EO No. 284) issued by former President Corazon C. Aquino on July 25, 1987.
EO No. 284 allows members of the Cabinet, their Undersecretaries and Assistant Secretaries to hold other than their government positions in addition to their primary positions.
Section 1: A Cabinet member, Undersecretary or Assistant Secretary or other appointive officials of the Executive Department may, in addition to his primary position, hold not more than two (2) positions in the government and government corporations and receive corresponding compensation thereof.
Section 2: If they hold more than the requisites of Section 1, they must relinquish the excess position in favor of the subordinate official who is next in rank but in no case shall any officer hold not more than two (2) positions other than his primary position.
Section 3: At least 1/3 of the members of the boards of such corporation should either be a Secretary, Undersecretary or Assistant Secretary.
Petitioners are challenging EO No. 284's unconstitutionality as its provisions are in direct contrast with Section 13, Article VII of the Constitution. According to the petitioners, the only exceptions against holding any other office or employment in government are those provided in the Constitution namely: 1) the Vice President may be appointed as a Cabinet member under Section 3(2) of Article VII; 2) The Secretary of Justice is and ex-officio of the Judicial and Bar Council by virtue of Section 8, Article VIII.
Constitutional provisions:
Section 13, Article VII: The President, Vice-President, the Members of the Cabinet and their Deputies or Assistants shall not, unless otherwise provided by the Constitution, hold any other office or employment during their tenure. They shall not, directly or indirectly, during their tenure, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.
Section 8, Article VIII: Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
ISSUE: Whether or not EO No. 284 is constitutional.
HELD: The Court ruled in the negative.
It has been held that in construing a Constitution should bear in mind the object sought to be accomplished by its adoption, and the evils, if any, sought to be prevented or remedied. A doubtful provision will be examined in the light of the history of the times and the condition and circumstances under which the Constitution was framed.
The legislative intent of both Constitutional provisions is to prevent government officials from holding multiple positions in the government for self enrichment which is a betrayal of public trust.
The provisions of EO No. 284 above-mentioned are in direct contradiction to the express mandate provided by the Constitutional provisions (Sec 13, Art VII and Sec 8, Art VIII). The Constitution, the fundamental law of the land, shall reign supreme over any other statute. When there is conflict, it shall be resolved in favor of the highest law of the land. Thus, the Court held that EO No. 284 is UNCONSTITUTIONAL. As a result, DENR Secretary Fulgenio Factoran, Jr., DILF Secretary Luis Santos, DOH Secretary Alfredo Bengzon and DBM Secretary Guillermo Carague are ordered to immediately relinquish their offices and employment.
WHEREFORE, subject to the qualifications stated, the petitions are GRANTED. Executive Order No. 284 is hereby declared null and void and is accordingly set aside.
Constitutional Law 1: CH 2: 1987 Constitution; Supremacy of the Constitution (Textbook: Cruz, Professor: Atty. Usita)
First day of semestral break today and boy, the weather outside has got to be dammed! However, because there is too much in my head today, I could not sleep.
As I was stuck at home feeling young, wild and free (As the song by Bruno Mars and Co. goes.), I decided to try and make something I wanted for so long! ... WATERMARK! :) Or logo, or signature, whatever this thing is called.
Please, no hatin', it's my first time to try! And I admit that I am no Photoshop expert and that (Trust me, I do not know ANYTHING about Photoshop.) I only based this thingey on YouTube tutorials and websites which really inspired me. Hihi. Hope you all like it 'cos you're gonna see it more often now! LOL.
Indeed, he got that one right! Change is good. It reinvents ourselves in ways we never thought was even possible. Change makes us look back, rethink and realize what we have, what we lost, what we're still missing and what we ought to do. Change made me realize that there is a lot more things to learn, to see, to understand and to achieve.
MOST RECENT CHANGES IN MY LIFE
(c) Reese Corpuz
I turned 21 this May and I couldn't be anymore happier as I was able to spend my special day with family, friends and even a very special guy friend. My whole family, including my father who was always away, was by my side, wishing me a happy birthday! I was also able to share my celebration among my most treasured college friends. He was also able to successfully surprise me with a visit at home. (Awww!)
I recently developed a love for cats because of our baby, Harry Potter, a persian blue cat. (Self-explanatory, I assume.) There's nothing more to say about him and his utter cute-ness!
I also graduated from College (Yes, I know, it's surreal!) last June along with a hundred fellow Lasallian graduates. I was privileged enough to receive a special commencement award - Cultural Development Award - as DLSU Administrators believed I was able to promote Philippine Culture in DLSU in my four years of stay. I couldn't have done this without the support and lessons I learned from La Salle Dance Company - Contemporary, my second family, my special professors - Dr. Tonton Contreras, Prof. Dindo Manhit, Dr. Antonio Pedro and Dr. Eric Batalla. I am ever so grateful to all of them.
Finally, the biggest change in my life, (I still cannot believe this, up to now.) I entered into law school! I got accepted in San Beda College of Law (Which btw, for me, is the most prestigious, most highly acclaimed law school in the land!) unexpectedly and even though I wasn't 100% sure of it, I accepted the challenged and made a promise to myself that I shall finish this journey no matter what it takes!
So many changes took place within a span of less than a year and as I ponder on them now, I feel like it all went by so fast; too fast that perhaps I wasn't able to let them all sink in first and ponder on how I should go by these changes properly! Changes took place but I wasn't able to take advantage of them as I worried too much on the little things and forgot about the bigger picture. I am mortified to have let a whole semester pass already before I realize these things. I wasted so much time, so much opportunities!
So I wrote this as a constant reminder of the day I accept change and utilize it for the better. I shall not fret for it is never too late to pick myself up, sprinkle a little "wake up call" on my face, plant my goal inside me and say, "Carry on!"
On other news!
I am proud and very happy to say that I will be back on business (Blogging business, I mean.) for the benefit of fellow law students like me. I shall post about law school life, lessons, tips and tricks and perhaps a little more extra ;) Case digests will also be seen here every once in a while as I intend to make your lives a little bit easier, of course with the link to the full text of the cases as it is still recommended to read the whole text and not the digests only. I shall post pictures as well of my lovely new family, 1L and give you glimpse of what it's like and how it is. Excited? Well, I am too. So, here's to the changes that took place and even more to come! ;)
Inspired the episode of Love|Lust and Make Up
Watch the clip and get a glimpse of what's to come!
Some people may see it as a mere addition to a woman's beauty. Some view it as a sign of a woman's weakness for it tends to conceal the realistic appearance of the women and hides the imperfections truthful face. Some men adore women with make-up however some despise them.
In a world were society is allowed to view culture differently, no one can stop the endless interpretations as to what make-up really is and what it can do to our society.
As a lady, I admit that make-up is an essential part of my personal hygienic actions. Being a performer for 8 years now, I have learned how to properly apply make-up for myself, as well as my co-performers. I enjoy putting make-up and I enjoy learning more and more about it! I also know that there is more to make-up than what it is often perceived to be. Therefore, I chose make-up to be the topic of my discussion of a cultural product.
Behind that tainted face lies a mystery.
Make-up is considered as a cultural product as putting make-up is considered as a cultural tradition for me. Because the Birmingham Cultural Studies defined culture as something that is practiced and experienced everyday, which thus makes it part of our everyday lives. Make-up is in fact, done since the ancient times, practiced and experienced everyday since then.
In the ancient times, face painting was used by the Egyptians, Greeks and the Romans. It was worn by men of power, to be differentiated from the common people. Furthermore, this face painting practice was brought to Europe, during the Renaissance up to the 13th Century, women, and even men, wore make-up as a sign of elitism and wealth. Only those of the royal families can afford such spoiling.
It was the 20th Century when make-up boomed as a staple wear for women in the United States. It all started from make-up haven, Hollywood. Max Factor Sr. was the first person to begin experimenting with various compounds in an effort to develop a suitable make-up for the new film and advertising industry. The Frankfurt School taught us that "New Media" emerged either as a social revolution or the popularism or acceptance of the masses. Film and the advertising industry catered to the mass, the many, the common population, as it gives them a preview of the glamorous life of the stars and the big-time money-makers in Hollywood in their very own televisions at home. By 1914, Max Factor, Sr. had perfected the first cosmetic specifically created for motion picture - a thinner greasepaint in cream form packaged in a jar, created 12 shades and unlike theatrical cosmetics, it would not crack nor cake. This product was rampant in Hollywood films because it made the actresses and actors be more appealing in that small little box inside their homes.
After the World War II, America was more and more becoming liberal and open-minded. American economic culture suddenly shifted into consumerism after the war because everyone suddenly have the opportunity to splurge. But of course back then, they had no idea that what they're doing was called such. Henri LeFebvre, a French Cultural Studies theorist, talked about the ideology of consumerism soon after in his book, The Everyday Life in the Modern World. Advertising and the "New Media" from the Frankfurt School such as television commercials, films and billboards ads, also helped build this increase in consumerism. In the 1950's the primary target of consumption would be the women. Back then, an "ideal" family was one which was headed by and financed by an earning father, a beautiful, spotless and well put-together-despite-all-her-chores mother and polite children living under a huge roof complete with all home appliances one can imagine buying. During this decade, a woman's sole purpose is to maintain the orderliness of the house and take good care of her husband and children. Wearing make-up is one of the few things that empower them as it is a sign, a very small one, of power over her husband especially during bed time. (If you know what I mean.) This thought, with the booming practice of consumerism, and the increasing quantities of the new media in society, made make-up accessible to the masses.
In the 1950's a woman wouldn't be caught dead without her lipstick as it makes her pop, makes her seem like she's not stressed out and she is ready to take over her husband inside their bedroom. Thanks to Hazel Bishop's No-Smear lipstick, all housewives have lipstick with them all day long! Back then, the lipstick was the only weapon of women.
But the women then understand their need to further be heard outside their bedrooms and apparently, playing good girl was not enough. It was a coincidence that this was also the time when America was opening its doors for corporate women.
Elizabeth Arden, a British who dreamed of having a voice in the corporate arena, created a whole new business and landed herself a top position in Wall Street and became the first woman entrepreneur. Her dream was small - to make make-up affordable by all women, to empower them, and to inspire them with everything she will be achieving and to promulgate the thought of beauty alongside power. Make-up, in this sense, was used like a form tactical resistance showing women's resistance to the common notion that all women are inferior to men and that women cannot work in the business district. Michel de Cearteau, another French Cultural Studies theorist, discusses Tactical Resistance in his book The Practice of Everyday Life. Elizabeth Arden was the perfect example of such resistance.
In the 1960's, deep cultural changes were altering the role of women in American society. More females than ever were entering the paid workforce. By the end of the 60's, 80% of wives were already using contraception and birth control pills. This freed women from unwated pregnancy and gave them many more choices, and most especially freedom. Make-up still played a big role as this revolution progresses. The Rise of Feminist Theories and Feminism soar along with the rise of make-up usage. In 1966, the National Organization for Women was formed, one of the proofs of society's increasing recognition of women's power.
From then on, women's rights continue to develop as more and more women gather the voice and strenght they need to speak up and fight. At the same time, make-up continued also to be a valuable weapon of women. Even up until today, women express themselves carefully but deliberately through the make-up they put on their faces. Postmodern artists such as the infamous Lady Gaga promulgate pressing matters and concerns through their weird makeup styles. As make-up styles becomes more and more varied and stylized, Postmodernism theories are applied in this sense as the look on our faces, stem further and further away from the normal look, the so-called realistic truth. As times change, our perspectives on beauty or what is beautiful changes as well.
A world without the culture of make-up and its connections with the culture of consumerism, the culture of resistance and the cultural implications of feminist movement and the cultural definitions of beauty would make it hard for many women in our society now. Whether it is used for self empowerment, or for voicing out, for asking for attention, for rebellion or simply for aesthetic purposes, the foundation and evolution of make up definitely had a strong and lasting impact to culture. I for one, can attest to this.
Blog article for Culture of Production during field trip: May 10 and 11, 2012
First stop: Liliw, Laguna
We went to Liliw, Laguna on March 10 after we finished our trip to Calamba. We arrived in a small town with a very serene ambiance with nice houses and a line up of stores. It had been years since I last visited Liliw and I was very excited to re-live my wonderful memories about it. I remember being so happy after we went to Liliw when I was still in high school but I don't particularl remember how or why I was happy so I wanted to find out that day of our field trip exactly what it was with Liliw which made my heart skip a beat.
It was very obvious that the culture of production is Liliw is very important as I saw lined-up rows of stores selling the product which it was most know for - footwear. The Municipality of Liliw is known as the "Land of Footwear". This is their source of living. According to the sales lady which we talked to inside one store, the business runs in the family. She and her little siblings are required to help the family run the store during weekends. She is proud of her part-time job because she carries the name of the company which her parents worked very hard for. She said the the busiest days are Saturdays because that is when the foreigners come to buy their souvenirs. Liliw is very commercialized because of its extreme pride and the intense advertising tactics.
Although my third visit in Liliw, Laguna wasn't as magical as the first two, I have to say that I still enjoyed everything in it.
Next stop: Luisiana, Laguna
As compared to Liliw, Laguna, the cultural products of Luisiana, is not that big of a deal and is not given that much attention. These products came from a natural resource which is abundant here in Luisiana and it is called the pandan. When we got to Luisiana, it immediately had a very barrio feel to it. I think it is possibly because it is very small and there were only a few people outside. One of the first things I noticed was the small shop near the plaza and the church which was selling native bags, hats, baskets and blankets. I had no idea before that they were made of pandan leaves. The care-taker of the store explained to us that it came from this huge plant with long leaves like a fountain which I remembered seeing as we went to the place. Perhaps the community of Luisiana had other sources of income because having one store in the town projects that it is not given much importance.
Our visit to Luisiana was short yet very interesting as we heard so many knowledgeable facts from the guest speaker. Next time I visit Luisiana, I'll surely get myself another souvenir.
Last stop: Lucban, Quezon
Like Liliw, I also had been to Lucban before with my family. I remember the church and our very delicious meal after hearing mass. I remember that days after our visit in Lucban, my brother and I always request for longganisa breakfast because of our Lucban experience.
Lucban is a town of joy! I love the ambiance in Lucban - I feel like it is something in the middle of the high and low class societies. The area was clean and the houses and infrastructure were nice. It was a combination of the old and the new as the designs of the houses were sort of traditional but the stores and decorations of other infrastructures were new such as the 7/11 and Buddy's. The children were enjoying the open area, playing with one another as I see some adults slowly strolling around.
We bought our souvenirs in Lucban in a small store which were best known for their delicious longganiza. It was located in a street, standing beside all other souvenir stores selling buri hats and other native items. The products here in Lucban are known all over the country however the stores and the town itself do not seem as commercialized as those of Liliw's. However, the difference or advantage of Lucban is that its famous food chain, Buddy's, has branches in the Metro so it is a common taste already for the Metro tongues.
It was a pleasure being able to experience these three wonderful towns in the South! I am also very proud of the three towns because they continue to establish their living through the cultural products that they sell. I will surely come back here someday to update me learning.
Blog article for Mall Culture during field trip: March 9 and 10, 2012
I will compare and contrast the two different malls in Calamba which literally stood side by side one another and see if there are explanations behind these differences.
Size of the Mall
SM Calamba: It is a huge mall! It's whole land are must be very big as it has a huge floor area and an even more vast parking lot. It has four floors. Tip to tip, we were able to walk by it for 20 minutes with our normal walking phase. This is because SM is already a very big company with a very familiar name. The owners assume the density of the mall visitors and made the whole land area to be suit the estimated count of visitors. Also, SM can easily afford the costs of building such a huge mall.
Waltermart Calamba: With two floors and a semi-circular mall area which I was able to explore in less than 20 minutes, I can say that this mall was particularly small.
Inside the Mall
SM Calamba: There were several escalators and elevators inside the mall. There were lounges and rest areas for its clients. There were salons and spas, hardwares, bookstores, boutiques, restaurants and food chains all over. It also housed a huge Supermarket and a nice Cinema. It even had several activity center where events take place.
Waltermart Calamba: There were a few escalators and stairs. The mall had a supermarket, a cinema, a bookstore, small stalls or booths for finger food, ukay-ukays and tiyangge-like technical centers for the gadgets. The Mcdonald's inside was noticeably old and not renovated yet.
The People Inside
SM Calamba: There was a divergence of rich and poor. It was like a hot pot full of different ingredients. They had different purposes for visiting the mall. Everyone, from the young to the old, the woman and the man, the rich and the poor, visit SM Calamba.
Waltermart Calamba: Judging them from the clothes they wear, I believe that the people who shop in here are less financially advantaged than that of the people who shop in SM.
It's nice to actually see that there are indeed differences of the two malls how had the same objectives but was able to target different classes of people. If you were to go to a mall, you will definitely know what you want to find in it. Know your preferences, understand the advantages and disadvantages if any, check the cash in your wallet and you are good to go! What you want to see is definitely what you will get.
Blog article for Aerobics Culture during field trip: March 9 and 10, 2012
One of our goals for the field trip we had was to observe and compare the aerobics culture inside a mall and in a hall of a university. This task was seemingly easy but when we got there already, it was actually a complicated thing to do. One had to take note of every single detail in order to come up with a logical and realistic comparison while looking at the big picture. One also had to stay focused despite of the merriment and fun atmosphere going on during the sessions.
Anyway, the fact of the matter is that I did my best, to observe and analyze the similarities and differences of the activity.
General Ambiance
SM Calamba Open Area: Inside the mall, based on my observations, I’ve noticed that there was some sort of exclusive, elitist or rich feel to it. It is possible that the venue itself was a factor to be considered because of – the air-conditioning, tiled floors, the paid parking lots. Everything inside a mall is commercialized. All we all know, the mall is the main venue for the practice of consumerism and this aerobics session's ambiance definitely shows that the participants are willing and able to spare cash for such leisurely activities.
UP Los Banos Baker Hall: In Baker Hall, I don't think I felt a hint of elitism or exclusivity as I entered and immersed myself in the activity. Again, I believe that the venue would have to be the main reason for this ambiance. The use of the Baker Hall was for free, anyone can enter, there are no security guards to check the bags, the parking slots are not to be paid, the floor was bare cement, the stage was old and the whole building had a rustic feel to it. This session also, was definitely less formal and constricted as compared to the mall aerobics.
Participants
SM Calamba Open Area: I noticed that almost all, if not for the one gay guy, of the participants were women. I believe this is because it is common for women to visit the mall more often than most men do. I saw that their clothes and shoes are mostly branded and expensive looking ones. Sketcher's and Puma's were all over the place. Also, some of the participants of this aerobics session were quite familiar with one another. Individuals join smaller groups one by one and chat with friends or perhaps kumares while waiting for the session to start. However, I notice that some participants were first timers as they kept asking what time the session will start or whether the class was easy or hard to other early comers. The regular ones were in a very expressive and loud group. I guess they had the grasp of the session's nature already and were confident enough. This group stayed in front of everyone in the session. As for the age range of the participants, a good estimate would be that they are mostly of the ages late 30's to early 50's. I believe this is the age where women would have the thought of doing exercise because they already lost their figures due to work and/or house chores and they already want their bodies back in shape. It is possible also that most of the participants were women in this age was because they had spare time in the evening where work is done already and yet it is too early to rest or have dinner. 6-7pm is a perfect time slot for these ladies. Participants were not too particular to the steps of the aerobics session as often, the steps were done on wrong sides at the wrong timing but no one is complaining because again, it is not too much of a big deal for them. A good 60-70 participants joined the session.
UP Los Banos Baker Hall: Here again, participants were more simple. There was a wider range of gender distribution. I saw several straight looking men whom I hope were actual men along with more women and some children as well. Their clothes were normal exercise clothes. Some of them didn't even have proper exercise shoes and one person danced with bare feet. The age range of this session was also wider as compared to that of SM's. This was possibly because of the time slot of this session. Early in the morning, before going to school or to attend mass, the children can join their parents. As for the steps, most participants were able to do the steps correctly and with 100% energy. The session started with a small amount of participants possibly because of the early call time but as it progresses, people kept coming. A good 120-130 participated in the session.
Trainer
SM Calamba Open Area: The trainer for this session was with a girl. She came in late and for me she was too clumsy and too detached to her audience. She used pop instrumental tracks which had counting and beats synced with the movements she made. The intensity of the session itself wasn't too hard and I believed it remained that way until the very end
UP Los Banos Baker Hall: There were four different training to lead the participants. Here, the trainers seemed to become more approachable even if they stand on a tall stage. Each of the trainers taught with their own styles and own musical tracks. This was a plus for me because I wouldn't want to dance the same thing over and over. The intensity of the session itself was increasing as the session progresses.
Special Notes
SM Calamba Open Area: There were many curious passers by who stop and observe for a while because it is sort of weird to find an aerobics session inside a mall. There as a man who rounded the participants during the session and he had a list with him and he asks the participant's last name. I think this was for attendance.
UP Los Banos Baker Hall: I especially loved how the fresh air helps the breathing of the participants. It was simpler yet for me, more effective.
It's nice to see so many participants for both sessions and to be able to observe them all. I never had proof before that even if the same activity is being done, there can be different ways to do it and therefore sort of change or alter its purpose or objective.
