July 14, 2008

Nakakahiya. For UP boast, judge draws SC reprimand.

I felt embarrassed upon reading this on the frontpage of PDI today. Embarrassed because the person charged is a fellow UPian.  And from our college.  I am glad Phil Star didn't give much of a big deal.  One major embarrassment from 1 national broadsheet is enough.

I am re-posting for future reference though.  To keep us, Peyups, REMINDED of this incident and so as NOT TO GET REPEATED in the future.

Nakakahiya.

==================================================================

For UP boast, judge draws SC reprimand

             By Leila   Salaverria
             Philippine Daily Inquirer
             First Posted 05:21:00 07/14/2008                                                                                                      

MANILA, Philippines—Just because you are a University of the Philippines (UP) law graduate doesn’t make you smarter than others. So says the Supreme Court, in effect. (Emphasis supplied by me. ncorpuz)

Saying no school had monopoly of knowledge of the law, the high court reprimanded a Calamba City Regional Trial Court judge who told a lawyer that since the latter did not graduate from the UP College of Law, he and the judge could not be equals.

Reprimand

The court sanctioned Judge Medel Belen with a reprimand after finding him guilty of conduct unbecoming of a judge, and warned him that he would be sanctioned more severely if he repeated such an act.

The lawyer, Melvin Mane, had filed a complaint against Belen over the judge’s remarks but later withdrew the complaint, saying he filed it because of his impulsiveness.

But the Office of the Court Administrator (OCA) pursued the administrative proceedings against Belen.

In its June 30 decision penned by Associate Justice Conchita Carpio Morales, the high court said a lawyer’s competence should not be judged based on the law school he went to.

“An alumnus of a particular law school has no monopoly of knowledge of the law,” the court said.

“By hurdling the bar examinations which this court administers, taking the lawyer’s oath, and signing the Roll of Attorneys, a lawyer is presumed to be competent to discharge his functions and duties as an officer of the court, irrespective of where he obtained his law degree,” the court added.

“For a judge to determine the fitness or competence of a lawyer primarily on the basis of his alma mater is clearly an engagement in an argument of ad hominem.”

Proud MLQU alumnus

Mane’s complaint cited the transcript of a Feb. 27, 2006, proceedings in court in which Belen asked him if he graduated from the UP College of Law. Mane said he graduated from Manuel L. Quezon University and was proud of it.

Belen replied: “Then you’re not from UP. Then you cannot equate yourself to me because there is a saying and I know this, not all law students are created equal, not all law schools are created equal, not all lawyers are created equal despite what the Supreme Being [said] that we all are created equal in His form and substance.”

Explaining to the OCA the circumstances behind their court exchange, Belen said Mane had filed a motion for Belen to inhibit himself in a case and that the motion contained a direct assault on his integrity and dignity.

‘Insulting, unwarranted’

Belen said the motion implied that an earlier order he had issued was not based on the merits of the case.

The judge also objected to Mane’s request for the unedited transcripts of court proceedings, saying it implied that the court was illegally and unethically changing the transcripts.

The OCA, in its findings, noted that Belen did not deny the exchange with Mane and said the judge’s “insulting statements” that questioned Mane’s capability because the lawyer did not graduate from UP was “unwarranted and inexcusable.”

The OCA said that though the statements could be attributed to human frailty, judges should use courteous language and be patient and temperate.

Befitting a gentleman

The high court said the OCA’s findings were well-taken and cited more portions of court transcripts in which Belen asked if Mane was taught in MLQU about a certain principle of law. He even directed a court employee to show the lawyer the judge’s statements of assets and liabilities, among others.

The court said a judge should address the merits of the case and not the counsel’s person. It added that if he felt his integrity and dignity was assaulted, the judge did the correct thing in directing Mane to state why the latter should not be cited for contempt.

But the judge went out of bounds when he “engaged in a supercilious legal and personal discourse.”

“This court has reminded members of the bench that even in the face of boorish behavior from those they deal with, they ought to conduct themselves in a manner befitting gentlemen and high officers of the court,” it said.

                                                                

Link: http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080714-148291/For-UP-boast-judge-draws-SC-reprimand

Link to the exact case: http://www.supremecourt.gov.ph/jurisprudence/2008/june2008/RTJ-08-2119.htm

                            

May 01, 2008

From Rianne (Youngblood contributor)

Rianne: hi naomi.  http://opinion.inquirer.net/inquireropinion/columns/view/20080318-125344/Its-a-new-season -- and regarding your recent multiply post.  kaya yan.  God's grace abounds.  mwah.  see you around next sem okay. 

Naomi: thanks rianne, just read it 

Naomi: anyway... i came across that article, but didn't know you authored it, so i skipped it... but maybe God has a reason why i should skip it then, and read it now... that I need to learn a thing or two from u (nowadays). Good day

====================================================

A copy-paste of our chat, but I just really wanted to share the link.

Maybe you will learn from it too.

(I posted a blog on her last time. Click here)

April 18, 2008

Allowing Absolute Divorce in the Philippines by Atty. Fred

Allowing Absolute Divorce in the Philippines by Atty. Fred Apr 18, '08  9:07 PM
for everyone

Link: http://www.attyatwork.com/allowing-absolute-divorce-in-the-philippines...

Check this out, very insightful and informative.

I also left a comment:

#  Naomi Says: Your comment is awaiting moderation.
April 19th, 2008 at 8:56 am

Hello Atty. Fred,

You have good insights on Divorce and very informative. I would also like to share my blog on Divorce which I wrote last February:

http://naomicorpuz.blogs.friendster.com/my_blog/2008/02/scribbling_on_d.html

However, I would also like to share some objections or adverse reactions, which might also be insightful to some of us who favor divorce:

http://naomicorpuz.blogs.friendster.com/my_blog/2008/02/_scribbling_on__1.html

April 04, 2008

Lowering the passing rate... doesn't make them less of a lawyer

Yes.  Because I personally know some of them. (100% of our psych batch 2003 who took law passed!!! ).

Other than that, please read what one of my professors can say about the batch, coming from UP.  Click here

March 29, 2008

Congrats Top ten 2007 bar exams passers... and to the following

Congratulations to all my friends who made it:

Ben Ayson
Polka Gan
Emil Joven
Gretch Aquino
Emilou Siongco
Roch Tumaneng
Lorraine Dychiao
Roy Raval (friend from Ilocos)
Marvelous  Madamba

 
and my golly... Sheryl Tizon, who was my classmate in Hum 1, and took her undergrad philo for only 3 years (Magna Cum Laude) ... and now bar topnother...  Hands down!!!

P.S. Please let me know if I failed to mention you...  and I'll add you up to the list above.

Haaayyy sana masundun naming mga undergrad ang inyong mga yapak


Top ten 2007 bar exams passers
     (Source: Supreme Court PIO)

                                                                                 
                                               
Mercedita L. Ona

1. Mercedita L. Ona
          Ateneo De Manila University
          83.55
       

                                               
Jennifer T. Ong

2. Jennifer T. Ong
          University of the Philippines-Diliman 83.35

                                               
Yvanna DL. Maalat

3. Yvanna DL Maalat
          Ateneo De Manila University
          82.75

                                               
Jennie C. Aclan

4. Jennie C. Aclan
          University of San Carlos
          82.10

                                               
John Michael S. Galauran

5. John Michael S. Galauran
          University of Nueva Caceres [Naga City]
          81.60

                                               
Karen S. Canullas

6. Karen S. Canullas
          San Sebastian College
          81.40

                                               
Cecille L. Mejia

7. Cecille L. Mejia
          Ateneo De Manila University
          81.35

                                               
Sheryl Ann D. Tizon

7. Sheryl Ann D. Tizon
          University of the Philippines-Diliman 81.35

                                               
Marforth T. Fua

8. Marforth T. Fua
          San Beda College
          81.20

                                               
Ruby M. Luy

9. Ruby M. Luy
          Ateneo De Davao University
          81.15

                                               
Christian B. Llido

10. Christian B. Llido
          University of Cebu
          80.90

                                    
Vivian S. Tan

10. Vivian S. Tan
          University of the Philippines-Diliman
          80.90

March 15, 2008

No MONDAY classes in U.P. - Pls Comment

From Jobert's Site, our LSG President....

Fellow UP Law students:

 

UP President Emerlinda Roman has recently approved the new Academic Calendar for 2008-2009, which will observe a MONDAYS-OFF policy. This is to avoid interruption of classes on Mondays, in view of RA 9492, which mandates that most holidays, except those with religious significance, will be shifted to the nearest Monday.


The memo mentions that regular class schedules will now fall on Tuesay-Thursday and Wednesday-Friday, instead of the usual Monday-Thursday and Tuesday-Friday sched. Obviously, the memo refers to the schedule of other colleges, notably undergrad. However, since the rule applies to all, the

College

of

Law

is expected to comply with this memo, even if we don't follow the undergrad sched.


It is in this light that Prof. Lumba, the College Secretary, has asked the Law Student Government for its position on this matter. If we want, the college can file a letter asking for exemption from the said rule, but only if the students do not agree to such policy.


We, the incoming Executive Board, have our own diverging views on this matter. We thought it best however to consult you guys about it. Please send us an email at jobertn@gmail.com or reply to this post by SUNDAY NIGHT. We will furnish Prof. Lumba, Associate Dean Daway and Dean Carlota, a copy of your comments.


It is the General Assembly however which will express the official stand of the students. Even as you reply to this post, please inform your block presidents about your vote and please remind him/her to relay that vote to the officers of the GA by SUNDAY NIGHT also.


We apologize for the short notice. Prof. Lumba talked to us just this afternoon. We laud his effort to consult the students on this important matter.


Thank you and we hope to hear from you soon.


Law Student Government Executive Board '08-'09


(Feel free to repost and forward this message to your block egroups. Thanks!) 

February 28, 2008

Lawschool's American Idol!!!

                                       

                        
                   And the winner is..... The JUMPY JUNIORS!!!

I am not biased (though this is my original batch before I took a leave and transferred to evening section).  They ranked third, but for many of us the Juniors are the winners.  They gave the best rendition of Minsang Lang Kitang Iibigin and their Seasons of Love was fantastic! 

                        

                        
I salute my friends Kat Aglibot (super sexy mo!), Virgil Ligutan (super tangkad at gwapo mo and you were like actually jumping as you glide when you reach for your high notes ), and my twin Cecille Tuason (you were a bomb! super feel na feel and you had the best smile ).

I also congratulate the evening section for winning second place :) . Bravo Bernard, Rica,  Ia and Jeff


Malcolm Idolaw is the first concert ever of the UP Law Community showcasing talents of professors and students to let the whole world know na TAO RIN KAMI and we are never ever DULL contrary to popular belief.  This is a project of the LSG (Law Student Government) and UP LAW Class 1982. 

My few comments:

1. Professor Pulido-Tan the master of ceremonies and professor of Taxation was a revelation that evening.  We didn't know she can make people laugh in that way rin pala.


Dean Carlota



Dean Carlota beside the piano

2. Dean Carlota -- his was my favorite solo performance.  Our Dean can sing!!!! Beat that!  His rendition of SMILE (though your heart is aching...) as he said, is truly a banner song for all lawstudents when the going gets rough .


Our demi-god Oblicon Prof. Labitag

3. Prof. Labitag -- impressive baritone.  He could sing!!!!


Justice De Leon

4. Justice De Leon my another favorite is a real pro.  A former member of UP Madrigals.  Splendid splendid!

                        

5. And my oh my... Ms. Lorybeth Baldrias (LSG President) and Dean Carlota's duet of Somewhere Out There was beautiful.  Ms. Lorybeth's voice was truly angelic.


Prof. Concepcion

                         

6. My another favorite is the rendition of the portia trio with Prof. Chit Jardaleza.  The songs are easy listening and relaxing.  Ma'am Chit could carry a tune... though she says she has a bathroom voice who only sings in the bathroom.

Congratulations everyone who participated and to the LSG for a job well done.

The new MALCOLM IDOLAW!!!! (pronounced as IDOLO... okay? ) makes me want to audition and sing for next year. 

February 22, 2008

Do You Want Gloria Out?

 

                                Cast your vote HERE.

                                                          

                      GMA, are you in
                                                    

                                                  or out? 

    Before you cast your vote in this poll, please read the links below so you have an idea that PRO and ANTI - RALLYISTS/GMA/CALL for RESIGNATIONS co-exist in a nation, or a community in that matter.  And to be informed that: though many are rallying on the streets to have her out, there are people existing who choose her to stay.

In random views:

Person A.
Person B. (You have to join his network)
Person C.
Person D. (You have to join his network)
Person E.
Person F.


(If you want to add a link, let the author of this blog know.  Gracias).


Cast your vote and be heard!!!

February 19, 2008

Scribbling on Divorce: Addendum

I have been receiving comments on my previous post: Scribbling on Divorce here in friendster, in my multiply blog (a replicate of this blog) and in my personal e-mails. 

While some agreed, others objected.

I want to keep this as open, objective and two-sided as possible.  I don't take it personally against them, though some seemingly sound to attack me personally.  However I want to let the people know that I respect their opinion, and deserve a fair share of space. 

Read on...


Tin Guevarra


a friend
former Associate Editor of Sinag -- CSSP, UP Diliman Official Publication
former YFC leader, San Juan MM
former guidance counsellor of PISAY - Philippine Science Highschool
Medical Student - University of Sto. Tomas (present)

If there is already and existing system, especially in our country, why add another one? According to the site you sent me http://www.filipinawives.com/Annulment.htm, our country already has a family code on annulment so whether you're Catholic or not, you're qualified to file annulment according to the enumerated grounds. So why add another system if the present suffices?

About the "grounds proposed by Rep. Maza", I dont know about that (I don't have much time to read on that, maybe next time. Besides, Im not a law student hehe) what I know is she is a feminist. So, she must have bias towards the good of women (and children? I dont know). I think the idea of divorce would be more inviting for some if it has come from somebody neutral. But then again, you know me =P I think nobody and nothing can convince me to become a divorce advocate. Kaya nga kahit busy ako e, nagcocomment ako, sabi mo eh! =P hehehe

The difference of divorce and (Church) annulment, I guess, is that the Church is more stringent and meticulous in such cases that's why it takes time because people can't just marry and divorce, marry and divorce, and marry and divorce, which not only makes void the union in marriage but also the sanctity of the vow, "For better or worse, til death do us part."

Special cases like abuse, infidelity, shotgun marriages, are dealt with aptly by annulment. Even if divorce is already used in the West, it doesn't mean it is right or it fits our culture. Studies on the lives of those who underwent divorce as well as their families should be done and Im sure a great percentage would show that really, divorce didn't do anything good (long term) to them. Again, special cases like abuse, infidelity, shotgun marriages, are dealt with aptly by annulment.

Marital problems are values problems. Compatibility should be assessed before marriage and re-assessed til the end of their lifetime by withstanding the storms life brings to their relationship. Somehow I could not separate the idea of divorce as the solution for the infidels. And I strongly abhor that! Because for me, divorce is a "light" to those hiding in the dark...you know what I mean. And it keeps them confident in staying in the dark. Thus, our generation marks the destruction of families, which is the basic unit of the society. I dont want to be a part of that.

Divorce is a "temporary solution". Why opt for something "temporary"? And why go for something that has "co-morbidities"?

Thanks, Naoms, for allowing me to comment even if I dont know much about laws. =P Intriguing topic you have! hehehe *( ^ ^, )*


Dr. Gerardo S. Fernando


an Uncle
Member, Couples for Christ Vancouver Canada,

Pediatrician
Former member of the Faculty of F.E.U. Institute of Medicine

Owner, O Thai Restaurant, Vancouver Canada


 

I think...Void from the very start can be ground for annulment

Falsification   getting a marriage license as 20 or 21 when actually they are 15/16
;
One is   of different religion Buddhist or one is Catholic can be annulled but not a ground for Divorce
Forced to   sign documents...
Getting married outrside of the church example in the beach,  which is officiated by the Priest... why because they are not allowed to officiate the marriage outside of the church.. ( I Think). In the above even if there is no conflict, Annulment can proceed.. why? because they are void from the start.

If the partners are physically/emotiona lly/spiritually at war they need counselling not divorce. One need to be humble and be sorry forthe hurt one has done, and the other to accept  and give the forgiveness.  Pride is the cause of the conflict which should not be tolerated  by Divorce.

The Divorce law is for lawyers to earn more. Sorry Naomi.
...

We should consider all aspects before even considering  it( Divorce) as the solution ... Pinag iisipan, pinagaaralan, ano ang magiging effecto nito sa atin, ating familya  kaibigan at iba pang tao., hindi lamang ang ating sarili. Kung ang problema hindi magkasundo.. baka may iba pang paraan para magkaintindihah. I gave your parents as example,  at times couples have  mis understanding, minsan fights, minsan deep tampuhan and duringthat time that there is conflict the only solution one considers would be  a divorce kasi physically, emotionally, financially  ay naafectohan.   It is not enough to say mas importante ang telephone bils at etc.. This will affect the future generations our future families. so one must really have a stand. The right Stand.

  God Bless.
...

This is very interesting communications among all of us. We ahve learned a lot. We express what is inside us.  And at the end we all thank the Lord for our family. That is why we ask the Lord to bless our marriage , our family.

As for the case of Amy and Brix,   their relationship need further scrutiny/evaluation .... It looks galit
talaga sila sa isa't isa. parang walang forgiveness at walang humility to accept one's mistake and ask for forgiveness. .  At the start , they both love each other at the end  what is left is one's anger and pride. What do they need, spiritual advice, counselling , renewal  and total acceptance of mistakes and forgiveness. We attended  a   family retreat. One speaker was asked how many times will he forgive his wife if she committed adultery. He answered a 100 times. one of the couples we knew had the same problem. But the girl fall in love with a lesbian. The husband became physically abusive. What should he do. He asked us. i told him what the speakers have said. I will keep my family intact. I will forgive her.  The children knew of what had happened. They only asked one thing to their parents. they forgive them of what had happened to them. The request,  please do not file for divorce  you can live on separate beds under one roof but please do not file for divorce. The husband prayed hard. He asked forgiveness for the hurts/insult and the pain  of being an abusive husband and forgive her wife of what she did.  I do not know what the wife did... but now they are living a testimony of forgiveness and humility and very happy as a family. God bless.

Let us stand for what is right  or righteous all the time.Sometimes we will be ridiculed for what we stand for. or we amy not be popular. Thank you and God Bless every one.

Love, T. Joji




Allan Fernando

a Good-looking cousin
A Father of 3

Professional, San Francisco, California

Note: In reaction to my answers to the questions in my previous post.

 

Just a layman's view. Peace...

 

How do you differentiate divorce from annulment?

  

I think the catholic church doesn't allow re-marriage after a divorce as opposed to annulment (as long as approved by the church herself).


Are you in favor on the legalization of divorce?

  
I don't think convenience should be a reason for preferring divorce over annulment.  As I understand them, the process are both tedious, highly emotional and often times traumatic (I don't mind being labelled psychologically incapacitated as long as makalaya ako sa impyernong buhay kasama ng bruha kong asawa.) They both will also cost you a fortune.

 

By the way, I'm "okay" with divorce (as I'm okay with annulment, too).

 

 

What are the grounds for divorce proposed by Rep. Liza Maza?

 
This is where my problem is.  I've known a few people here that went through divorces and ended up paying alimony to their wives.  The collapse of their marriages weren't  100% the husbands' fault but being more successful in their carreers than their partners, they ended up writing checks every month for the alimony to their former wives (aside from child support for their kids who often times end up with the moms).

   
What is your stand on  the divorce bill?

 Answered already in the 2nd question.  (I'm more worried about my telephone and electric bills). 

 
Isn’t this against your Catholic teaching?

 This would be a very delicate subject.  There will always be conflicts between state laws and church doctrines.  It's like science and religion, if you believe in God, you will find it hard to accept Charles Darwin's theory of evolution or the "Big Bang Theory" of the solar system.  I would only see divorce as some solution to legal matters. As for my faith, I'll still pray and attend masses. I'll probably just cross my arms by my chest and bow my head for the priest's blessing ('coz if I'm not mistaken, they won't let me receive the host).  It's hard to belong to a group and not believe in their beliefs and ideas.  I'd rather get out of the circle.

Doesn’t the divorce bill violate the constitution in which it declares that “the state has the obligation to protect the family as an inviolable social institution?”

 Masyado kasing nagmamadali sa pag-aasawa, eh.  Sabi nga ng mga matatanda, "ang pag-aasawa ay hindi parang mainit na kaning isusubo, na iluluwa mo pag napaso". 

Sana

magkaroon na lang ng preventive law rather than cure.

 
If ratified, wouldn’t this be alarming that there might be a sudden mad rush to have courts to have marriages terminated and people will file for divorce in the simplest pretext (In US, i.e. snoring, not tightening the cap of the toothpaste, and a spouse spending hours on the telephone).

I don't believe there will be a mad rush in divorce applications.  We, filipinos, are too proud to let others know our failures (to raise a family or maintain a solid marriage, etc.).  Aside from the fact that this will cost a lot (magkano na ba kilo ng manok sa Pilipinas?  Sine yata eh P100.00 na sa orchestra.)
....

I know they've (and us, too) been through a lot but, to quote myself on my earlier statement... .."Ang hirap kasing magbigay ng diretsong opinion coming from a well intact and so very loving family, eh.  Pero, to contradict my earlier statement, I think covenience wise (not in the procedural sense but more on the ending of emotional, physical and mental sufferings of the "bitter" halves) siguro we should have divorce in the Phil. Magkakatalo lang siguro sa mga requirements, kasi I don't think we can 100% pattern it with the westerners because of our traits and cultural peculiarity. Generally, masyado kasing close knit ang pamilya ng mga Yonip"...
 

 
Our family (clan) is bound by too much love and forgiveness; and mantled by Nanay's prayers, humility and love, so with that in mind, it's kinda (naks, masyadong slang, 'di na lang sabihing "kind of") hard for me to really give a strait forward opinion and make a solid stand on this issue.  So it's really 50/50 for me (Naomi, this also qualifies as an opinion from a very confused individual, ha). 

We probably should consider it as a very last resort for legal marriages, which cannot be saved anymore by in any ways, including numerous counsellings, to dissolve. But, as I also stated earlier, stict requirements must be set and all petty reasons be disqualified (like paghihilik, bad breath, b.o., pag-inom, etc.)  Or better yet, only batteries (physical and mental, lalo na to the point na halos patayin na ang pamilya sa gulpi) of spouses and/or children should be the only ground for divorce ( as I know this is the main reason for the introduction of this bill). 

Kaya nga sabi ko

sana

mag-introduce na lang sila ng preventive bill kaysa cure.  Nowadays kasi in the

Philippines

masyado nang liberated and mga kabataan and the proliferation of cheap and quickie motels like SOGO which, I believe, often times admit minors.  This will surely lead to so many thing including unwanted pregnancies and forced (moral, physical and mental) marriages.  Dito na magreresulta ang mga failed marriages,  Then again, this will be a separate topic. Hay naku, sabi na nga ba masyadong complicated ang issue na ito.  Masyadong sanga-sanga.  Baka nga kahulihan n'yan isisi lahat ang mga problema natin sa poverty (as what I used to learn in my Sociology back then), or sa labandera d'yan (hindi nga ba? shhh).

Well anyways, I'm happy medyo naalis ang utak ko sa mga problema at masyado akong nag-eenjoy mag-isip ng ibang bagay na wala namang relasyon sa aking buhay.

 

Laging nagmamahal, kapamilya at kapuso ninyo (kasangbahay  na rin - UNTV channel 37)

 

Sharon Lovendino


a Good-looking cousin
A Loving Mother of 3
Nurse Graduate,  Fatima University


Hi everyone, 

 

 

I am reading your blog about divorce and annulment... .I also read tintin's comment. and i agree with her but at first i really don't want to comment about it. since pag dating sa law everything is different... .pero nabasa ko din some emails not all ni tito joji...

 

considering my marriage is not really good but i am not thinking about annulment and divorce... NO!NO! god bind us and it is only GOD with seperate us...i am noot really considering divorce because marriage is not only for husbands and wives, the reason why people get married is because they want to have family which consist of mom and dad, children and family of both parents(the typical filipino family always extended as in super extended)... kaya if one consider divorce maraming buts and cons and matters na have to consider especially the feeling of the kids.... tignan mo sa streets maraming bata ang napariwara dahil wala ng magulang or nanay lang ang kasama at nagtratrabaho pa...in short walang gumagabay sa kanila kaya nag kaganun sila...if we legallize divorce marami ng hindi mag hohold on sa marriage bows na sinumpaan sa house ni god kasama at na witness ng buong family at friends mo....medyo barok ako mag explain but i hope you get the msg... pag legal na yun iisipin ng isa ay di kami mag kasundo kasi ang asawa ko ganito ganito kaya dapat mag divorce na lang kami...pero if walang divorce ganto ang sasabihin mo...." GOD, please help us to be strong, enlightened both my mind and my partner, let our kids understand our trials and help us to explain to them that we will make it through cause were FAMILY..." at mag uusap kayong mag asawa at mag tratry kayong ayusin yun....basta ganun.... i don't like divorce!!!!


Jaz


friend
Student, Carleton University
Highschool, International School of Brussels, Germany

(FYI, her former schoolmates: grandson of the founder of Toyota Motors in biology class,  played field hockey with Nicholas Burn’s daughter [the current under-secretary of state for political affairs in the US], grandson of Enrique Bolaños [the president of Nicaragua] 

I thought this was a very interesting read though, my knowledge about law is very limited. I was just wondering if this bill has been passed by the Senate, or not?

 

Also, with regards to the question about the financial effects of annulment and legal seperation being different to that of divorce, isn't divorce as costly? I mean, here in the West, it's so expensive for couples to get a divorce and some ex-wives who are gold diggers make a livin out of it (i.e. Heather Mills, Paul McCartney's ex).

 

And if this is the case, it means that the bill will only be available to the upper-class couples in the Philippines, which is like 10 to 20% of the population? So is it really worth having at all? Doesn't it perpetuate further inequality? (Correct me if Im wrong pls)

 

Anywhoo, the topic of divorce in the Philippines can be a positive sign because it shows that the government and politics are "divorcing" because politics and religion don't mix, especially when your citizens don't all share the same religion.
 

Sorry I meant to say, "the government and the Catholic Church are 'divorcing', not goverment and politics.

Michelle

former classmate, friend
Mother of 2 beautiful kids
BA Behavioral Science Graduate, UP Manila


I agree with the divorce. I'm happy with my marriage by the way, but I have friends who are tied with marriage that is already failing yet they don't want to seek annulment because it just seems unfair not to acknowledge a marriage that produces their wonderful children.

February 14, 2008

Scribbling on Divorce

                                          


Sometime during the Summer of 2005, the Divorce Bill was discussed by some newspaper columnists in the Philippine Star and Inquirer. I think this was the time when Rep. Liza Maza resurrected the issue on divorce and proposed a bill.

 

I wanted to put my reasoning and analytical skills to test. I thought it would be a good way to prepare myself for the school of law. So, I started scribbling and writing questions and answers as my intellectual exercise. One of the topics I chose was divorce.

 

Ms. Janette Toral, the founder of Digital Filipino of which I am a member, told me personally last week that she tagged me in digitalfilipino blogspot to write an entry on some interesting topics like divorce.

 

So I remembered the scribbling…

 

So Ma’am Janette, here goes…

 

How do you differentiate divorce from annulment?

 

 Divorce is defined as the termination of the marriage bond while annulment is making the marriage void from the very start. In both cases the spouses are free to marry again.

 

Are you in favor on the legalization of divorce?

Yes, I am in favor of the legalization of divorce.

 
I do not see any reason why we should be against it. I do not see any difference between our existing laws such as annulment and divorce when both are for the legalization on the invalidation of marriages and making the spouses free to marry again.

 

I also do not agree that divorce is violating the constitution in which it declares that “the state has the obligation to protect the family as an inviolable social institution,” while annulment is not.

 

I also find divorce to be more convenient for both spouses since it would be easier for the estranged couples to marry without carrying the brunt of being labeled psychologically incapacitated which is the usual case in annulment. The process for annulment and legal separation can be torturous and both time and money-consuming which seems to be available only to the moneyed class.

 

What are the grounds for divorce proposed by Rep. Liza Maza?

 

Divorce can be filed on the grounds that:

*separation of the couple for atleast 5 years upon the filing of petition and reconciliation is highly improbable

*the petitioner has been legally separated from his or her spouse for atleast 2 years at the time of the filing of the petition and reconciliation is highly improbable

*when any of the grounds for legal separation has caused the irreparable breakdown of marriage

*one of both spouses are psychologically incapacitated to comply with the essential marital obligations

 

The effects of divorce would be:

*marriage bonds are terminated

*the absolute conjugal property will be liquidated and assets are divided equally between spouses

*the spouse who is not gainfully employed shall be entitled of support from the other spouse

*the custody of any minor child shall be decided by the court

*children of both spouses shall be considered legitimate

 

What is your stand on the divorce bill?

 I do not have any problems with the divorce bill.

 

Isn’t this against your Catholic teaching?

 

 I find the Church inconsistent with what they teach with regard to providing remedies to failed marriages, which are legal separation and annulment.

 

Legal Separation is the separation from bed and board where spouses’ marriage are retained and not free to marry again while annulment is legally invalidating the marriage and allows the couples to marry again – which is the same as divorce. They only differentiate divorce as  the termination of the marriage bond from annulment as making the marriage void from the very start. I don’t find these definitions making much sense because whether divorce or annulment will take place it is common that prior to this there has been an actual experience of the marriage to begin with, they both share good and bad memories of that failed marriage and they both share children as a product of this marriage.

 

 I do not see the reason why the Church has to be against divorce when they also have a marriage tribunal that performs annulment (which legalizes the invalidation of the marriage and making them free to marry again – like divorce).

 

Doesn’t the divorce bill violate the constitution in which it declares that “the state has the obligation to protect the family as an inviolable social institution?”

 

 I don’t think the State violates this obligation because there are marriages which can no longer be healthy for both spouses, especially to the children emotionally. Situations such as physical and emotional abuse (no mutual respect), infidelity, painful quarrels that the children have to endure almost everyday and situations where either of the spouse is not performing his or her task to the family – as a homemaker or as a provider are in my opinion is a marriage that can no longer be considered as an “inviolable social institution.” Thus there is no point of preserving it.

If ratified, wouldn’t this be alarming that there might be a sudden mad rush to have courts to have marriages terminated and people will file for divorce in the simplest pretext (In US, i.e. snoring, not tightening the cap of the toothpaste, and a spouse spending hours on the telephone).

 

Though couples at times have shallow reasons why they want to have divorce, we also can not deny the fact that there are marriages that can no longer work no matter how hard the couples try.

 This is also the reason why there are certain grounds proposed by Rep. Maza before divorce can even be considered. These grounds suggest that divorce shouldn’t be taken lightly. 

 

Sources:

 

Philippine Daily Inquirer and Philippine Star – Summer of 2005

Editorial Section with columns on Divorce Bill

December 29, 2007

Gaining Weight this Holiday Season... thank you nonetheless :)



    For the past "ber-months" I have been coming back-and-forth Manila to Ilocos.  I had a great time in my short stay in Ilocos for my brief internship at PAO and ofcourse, most of the the time, as it is my fave activity, I ate with family and friends.  And yes, I gained weight... for a few pounds.  I am now a bit worried if my gown for my friend's wedding (which is 2 weeks from now) would fit my body still. (For recent foodtrip pictures at Dawang's click here, and for Isdaan click here)



with Jomai getting drunk with Dawang's Sukang Iloco

    Nonetheless, gaining weight is no problem at all... for despite the pounds gained, I earned a lot of unforgettable moments I will cherish and for this, there are so much I need to be thankful for...

    for gift of love, family, and friendship.


Peechurs!!! with my fans (ahem )


    Thank you for my highschool friends who made my stay in Ilocos worthwhile.  I know this will repeat as it does every time I am home.  Thank you for lending me money Jovi as we shopped and dine as I always forget to bring money with me.


Panch, Mia, Me, Jovi and Tricia -- kisses for you :)


My Confirmation with Ninang Zenny Agapay and Ninang Edna Marana

(with me is fellow kumpilmate Kristine Agapay and
Ninangs Tricia and Dr. Coloma)


M
iki time at my house in Batac with Kristine buted at extreme right


We miss you Jovi!!!

 
Happy Birthday Ava with proud parents Kit and Ace!!!


My favorite Bombay ... Ruchi Handa



with Jollibee and friends, with Manager Cherry

   Thank you for my collegues at the PAO and Fiscal's Office.  Thank you for having me as a volunteer and intern.  I learned a lot and I hope to work with you again.


with Fiscal Chan and Fiscal Barba


with Atty. Tin Fausto and Fiscal Pascua (extreme right)


with Atty. Balucio, O.I.C. of PAO Laoag City (in white)


UP's pride, PAO Lawyer Atty. Leavides Domingo-Cabarrubias


Another UP's pride, Judge Francisco Quilala -- adjudged as

BEST MTC JUDGE 2005 BY THE SUPREME COURT
(now an RTC Judge at the age of 37... idol!!! )


A maskipaps Judge


Another impressive Judge

    Thank you for my family.


with my talented pamangkins Neena and Abei



My best cuz Nako Niko


with my parents' apos


my crazy pamangkins


Corpuz clan

    Thank you Lord for keeping my loved ones safe and happy.  And thank you for keeping me well.

    A Blessed and Joyous 2008 to All of You!!!

    And btw,


Don't make it too loud this New Year.  No to banned firecrackers please...

September 13, 2007

SA MGA ABOGADO at ABOGADONG estudyante, please read...

The launch of Advocates Philippines, an association of Christian lawyers and law students in November is fast approaching.
 
 
 
Our target is to get everyone involved, this is not just for the UP community or for the UP College of Law. We did some research and we found out that there are no (or none that we know of) existing christian organizations like the UP Law Christian Fellowship in the other law schools.
 
 
 
The first battle plan is to give invitations to law school's christian organizations but since they are not as active as we thought them to be, we need a second battle plan.
 
 
 
The second battle plan is to track down the individual christian law students and lawyers in the different law schools. THIS IS WHERE IM GOING TO NEED ALL YOUR HELP. If you know of Christian lawyers or Christian law students in other reputed law schools in the NCR please email to me their:
 
 
 
NAME:
 
CONTACT no.:
 
EMAIL address:
 
 
 
We will contact them and ask them to represent their respective law school in the launch of Advocates Philippines. We want everybody to be involved, nobody gets left behind. We want everybody represented.
 
 
 
Thank you for taking time to read this mail. God bless you more and more.
 
 
 
 
 
 
 
Blessings!
 
 
 
Kate Soto
 
HEAD, Advocates Philippines Launch 2007
 
 
 
we need representatives from this law schools:
 
Adamson University - College of Law, 900 San Marcelino Street, Ermita, Manila
 
Arellano Law Foundation, 2600 Legarda, Sampaloc, Manila
 
Ateneo de Manila University - College of Law,13 H. V. de la Costa St., Salcedo Village,
 
        Makati City, Metro Mannila   
Far Eastern University - Institute of Law, Nicanor Reyes, Sr. Street, Sampaloc, Manila   
Jose Rizal College - School of Law, 80 Shaw Boulevard, Mandaluyong City,  Metro-Manila 3119   
Lyceum of the Philippines - Law Department, Muralla Street, Intramuros, Manila    
Manuel L. Quezon University - Faculty of Law, 916 R. Hidalgo Street, Quiapo, Manila   
Ortanez University - Abad Santos Law School, 942 Aurora Boulevard, Cubao, Quezon City   
Pamantasan ng Lungsod Maynia - College of Law, Muralla corner Gen. Luna Sts.,   
        Intramuros, Manila   
Philippine Law School, 2188 F.B. Harrison Blvd. Pasay City, Metro Manila   
San Beda College of Law, P.O. Box 4457 Mendiola Street, San Miguel, Manila   
San Sebastian College-Recoletos - College of Law, Claro M. Recto Avenue, Quiapo, Manila   
University of Manila - College of Law, 546 Dr. M.V. De Los Santos Sr. St, Sampaloc, Manila   
University of Santo Tomas - Faculty of Civil Law, Espana Street, Manila   
University of the East - College of Law, Claro M. Recto Avenue, Manila   
University of the Philippines - College of Law, Malcolm Hall, U.P., Diliman, Quezon City 3004
 
 
WE WANT YOU REPRESENTED!

=======================================================
pa copy paste naman sa e-groups ninyo... salamat - naomi

September 05, 2007

Please help and support my friend RIANNE PICAR...

Riannemom_1 The mom of one of my good and closest friends in lawschool, Rianne Picar was shot dead last August 6.  She also lost her dad 9 years ago. Rianne was my classmate and blockmate for a year before I transferred to the night section.  She was my lunchmate, stress reliever, adviser, listener, shock absorber, who while everyone is problematic about how to survive with all the rigours and pressure in lawschool is always ready to cheer us up with her funny antics, laughters and wide smile.  Most of all, Rianne is a very very good friend, sister and daughter. 

06012006002 (Rianne -- right, with long hair)
I do not know God's reasons why he chose something like this to happen to a person like Rianne.  She and her sister are in need of a lawyer.  They can't afford one and none of the PAO in her province would want to accept her case.


Please read below a forwarded message to our UP Law Christian fellowship e-group regarding what happened. 


Please lend your support if you can, and most all, prayers.
 

You can reach Rianne at:
rianne_p@yahoo.com
and link to her blog

Thank you and God Bless...

Please cut and paste & fwd to your e-groups


TO THE UP LAW CHRISTIAN FELLOWSHIP ALUMNI:

 

 

 

Blessings to all of you!

 

 

 

As you have been informed through my past email updates about Advocates Philippines, we WILL be launching the organization in November 2007. As our alumni, you will play a very big role in making this organization a catalyst of change in our present judicial system.