Thursday, March 31, 2011

My Sympathies








Today I offer this blog entry to our fellow Filipino countrymen who were executed in China yesterday for smuggling and drug trafficking.

Their guilt or innocence is beside the issue, their execution is a lesson from which we should learn.

Generally, crimes committed within the jurisdiction of a State should be tried and punished in accordance with the laws existing at that State. Since states are sovereign in their own spheres, we have to respect whatever decisions the foreign Court render, unless under the duty of parens patriae our State enters into negotiations or invoke comity, reciprocity or jus cogens, and the punishing State grants our plea to spare our fellow countrymen who committed a violation of the law. However, such did not happen yesterday, the Chinese Government proceeded with the execution of Sally Ordinario-Villanueva, Ramon Credo and Elizabeth Batain.

This is a blatant reminder for us to put into action the lessons from this gained from this experience. First, as citizens, let us obey the law. Our lawmakers did not make the laws arbitrarily but they are with a specific purpose of either regulating human actions or minimizing deleterious effects brought about by our actions or both. A violation of a law oftentimes bears a corresponding penalty so that the same will become an effective social control. Dura lex, sed lex (the law may be hard, but it is the law). A discussion on the fact of their guilt or innocence is moot and academic, however, we can still do something to prevent such undesirable incident to happen again. Follow the law, observe the law, obey the law, respect the rule of law. We should start in our own country, so that when we travel abroad it will be easy for us to observe the foreign countries’ law. It is not about fearing the authorities, it is about becoming a responsible member of our polity.

Second, on the part of our government and the law enforcers, I understand the turmoil brought about by this fateful and tragic incident, so that we can use this to improve our system.  This was not the first time but hopefully this will be the last. We should strictly implement our security measures so that no contraband or violations of the law will be able to pass our jurisdiction unpunished, more so unnoticed. For several years, it is disappointing even exasperating to learn that violators have been apprehended in foreign countries but were able to pass through our securities undetected as if just walking in the park. For once, we should stop this appalling stereotype. We should implement our laws and our measures to the last possible scrutiny. The generality principle should be upheld without distinction or favor. Apply our laws to Filipinos and aliens alike, but without prejudice to our pursuit for an independent foreign policy. We are a wealthy nation, we are powerful, we are Filipinos.

            Finally, we should pray. Invoke the omnipotent power of the Almighty who is the source of all us and all of our works. Thus, I would like to end this entry with a prayer….


Dear God,

Thank you for teaching us to survive in the midst of the challenges that you are throwing at us. The tectonic movements, the tsunami, the storms, the wars and now the execution of our fellow Filipinos, thank you for making us strong and resilient.

I pray for the eternal repose of the souls of Sally Ordinario-Villanueva, Ramon Credo and Elizabeth Batain.

I pray for their families who are deeply grieving for the loss. May they be able gradually cope with such tragedy with the support of the community and the country. I do have relatives abroad, I do not want this to happen to them and to all Filipinos alike.

I pray that similar incidents will not happen again in the future.

I pray that the Philippines will heighten the implementation of its security measures so that at the earliest possible time, violations of the law will be detected. Offenders be punished under the laws of our land not in foreign jurisdictions which are beyond our control. Moreover, so that the innocent may have been freed and the real culprits would have been punished.

I pray that our people learn to obey, follow and respect our laws so that the Philippines will be better.

I pray that our foreign relations will remain strong, active and will be more pro people.

I pray that good conscience and good faith have impelled the execution not arbitrariness and wanton inhumanity.

I pray that the peoples of the world will one day unite and embrace brotherhood, peace and solidarity. Mushawara Mufakat.

Amen.

03/31/2011
11:48 am
Adsum

Wednesday, March 30, 2011

Looking Through

Each day I sit in front of a burning ball
A tube of light, of knowledge and of fear
Each day I sit in front of a long and eternal glass
Underneath I see a marble, wood, no—it is earth and stone.

Surrounded by whispers and noises, silence and tranquility
Movements and surprise, timidity and immobility
Catching my breath, clasping my wrist
Fighting against the open mouth ready to feed.

You threw the pebbles to guide my path
You lit the candles in the dark night
You made my eyes sharp and my senses alert
A warrior that can face all battles you molded me all these years.

As I stand I began to realize the hallow space as I look up
Is engulfing me slowly, very slowly, very slowly
Cold, heat, cold, heat, cold, heat
I feel cold, I feel heat, I feel cold yet your warmth keep me safe.

The ball is transforming into a supernova
Draining my energy, the glass is shattering in front of me
Knits of agonizing misery is strapping me
Motionless, motionless, motionless me.

I stared up above, beyond what my eyes could see
My heart, my mind and the wind are telling me
The reflection of your smile is visible from where I stand
You are safe wherever you are, I will be too here on land.


03/30/2011
10:09 am

(This is for a good friend who had just lost his father. My heartfelt condolence.)

Tuesday, March 29, 2011

SOME DOCTRINES IN LAND TITLES AND DEEDS

a. Forged document can be a source of a valid title

A forged or fraudulent document may become the root of a valid title if the property has already been transferred from the name of the owner to that of the forger. This doctrine serves to emphasize that a person who deals with registered property in good faith will acquire good title from a forger and be absolutely protected by a Torrens title.(Sps. Villamil vs. Velasco, G.R. No. 177187, 2009)

b. Mirror doctrine

General Rule:
  1. Consistently, this Court has ruled that every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefor and the law will in no way oblige him to go beyond the certificate to determine the condition of the property.  Where there is nothing in the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the Torrens Title upon its face indicates in quest for any hidden defects or inchoate right that may subsequently defeat his right thereto. (Chua vs. Soriano, G.R. NO. 150066, 2007)

  1. Time and again, this Court has ruled that a person dealing with the owner of registered land is not bound to go beyond the certificate of title as he is charged with notice of burdens on the property which are noted on the face of the register or on the certificate of title. (San Lorenzo Devt Corp vs. CA, G.R. No. 124242, 2005)
Exception/s:
1. However, when a person who deals with registered land through someone who is not the registered owner, he is expected to look behind the certificate of title and examine all the factual circumstances, in order to determine if the vendor has the capacity to transfer any interest in the land.  He has the duty to ascertain the identity of the person with whom he is dealing and the latter’s legal authority to convey. 
 The law “requires a higher degree of prudence from one who buys from a person who is not the registered owner, although the land object of the transaction is registered.  While one who buys from the registered owner does not need to look behind the certificate of title, one who buys from one who is not the registered owner is expected to examine not only the certificate of title but all factual circumstances necessary for him to determine if there are any flaws in the title of the transferor, or in his capacity to transfer the land.”  The strength of buyer’s inquiry on the seller’s capacity or legal authority to sell depends on the proof of capacity of the seller.  If the proof of capacity consists of a special power of attorney duly notarized, mere inspection of the face of such public document already constitutes sufficient inquiry.  If no such special power of attorney is provided or there is one but there appear flaws in its notarial acknowledgment, mere inspection of the document will not do; the buyer must show that his investigation went beyond the document and into the circumstances of its execution. (Chua vs. Soriano, G.R. NO. 150066, 2007)

2. This principle does not apply when the party has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make such inquiry or when the purchaser has knowledge of a defect or the lack of title in his vendor or of sufficient facts to induce a reasonably prudent man to inquire into the status of the title of the property in litigation.  One who falls within the exception can neither be denominated an innocent purchaser for value nor a purchaser in good faith. (Sps. Villamil vs. Velasco, G.R. No. 177187, 2009)

3.     In case of banking institutions…..
While the cases cited by petitioner held that the mortgagee is not under obligation to look beyond the certificate of title when on its face, it was free from lien or encumbrances, the mortgagees therein were considered in good faith as they were totally innocent and free from negligence or wrongdoing in the transaction.  In this case, petitioner knew that the loan it was extending to Garcia/TransAmerican was for the purpose of the development of the eight-unit townhouses.  Petitioner’s insistence that prior to the approval of the loan, it undertook a thorough check on the property and found the titles free from liens and encumbrances would not suffice.  It was incumbent upon petitioner to inquire into the status of the lots which includes verification on whether Garcia had secured the authority from the HLURB to mortgage the subject lots.  Petitioner failed to do so.  We likewise find petitioner negligent in failing to even ascertain from Garcia if there are buyers of the lots who turned out to be private respondents.  Petitioner’s want of knowledge due to its negligence takes the place of registration, thus it is presumed to know the rights of respondents over the lot.  The conversion of the status of petitioner from mortgagee to buyer-owner will not lessen the importance of such knowledge. Neither will the conversion set aside the consequence of its negligence as a mortgagee.
            Judicial notice can be taken of the uniform practice of banks to investigate, examine and assess the real estate offered as security for the application of a loan.  We cannot overemphasize the fact that the Bank cannot barefacedly argue that simply because the title or titles offered as security were clean of any encumbrances or lien, that it was thereby relieved of taking any other step to verify the over-reaching implications should the subdivision be auctioned on foreclosure.  (Homebankers Saving & Trust Co. vs. CA, G.R. No. 128354, 2005)

4.      In case of financing institutions…
            In the case at bar, GSIS is admittedly a financing institution.  In its answer to the complaint filed with the trial court, GSIS admitted knowledge that the spouses Jose C. Zulueta and Soledad B. Ramos owned the Antonio Subdivision when they mortgaged the same with GSIS.  In Sunshine Finance and Investment Corp. v. Intermediate Appellate Court, we held that when the purchaser or mortgagee is a financing institution, the general rule that a purchaser or mortgagee of land is not required to look further than what appears on the face of the title does not apply.  Further:
            Nevertheless, we have to deviate from the general rule because of the failure of petitioner in this case to take the necessary precautions to ascertain if there was any flaw in the title of the Nolascos and to examine the condition of the property they sought to mortgage.  The petitioner is an investment and financing corporation.  We presume it is experienced in its business.  Ascertainment of the status and condition of properties offered to it as security for the loans it extends must be a standard and indispensable part of its operations.  Surely it cannot simply rely on an examination of a Torrens certificate to determine what the subject property looks like as its condition is not apparent in the document.  The land might be in a depressed area.  There might be squatters on it.  It might be easily inundated. It might be an interior lot without convenient access.  These and other similar factors determine the value of the property and so should be of practical concern to the petitioner. (GSIS vs. dela Merced, G.R. No. 140398, 2001)

  1. In the case of Domingo Realty vs. CA (2007), the SC had the occasion to give a precaution to prospective buyers of titled lands, to wit:
Hopefully this case will serve as a precaution to prospective parties to a contract involving titled lands for them to exercise the diligence of a reasonably prudent person by undertaking measures to ensure the legality of the title and the accurate metes and bounds of the lot embraced in the title.  It is advisable that such parties (1) verify the origin, history, authenticity, and validity of the title with the Office of the Register of Deeds and the Land Registration Authority; (2) engage the services of a competent and reliable geodetic engineer to verify the boundary, metes, and bounds of the lot subject of said title based on the technical description in the said title and the approved survey plan in the Land Management Bureau; (3) conduct an actual ocular inspection of the lot; (4) inquire from the owners and possessors of adjoining lots with respect to the true and legal ownership of the lot in question; (5) put up signs that said lot is being purchased, leased, or encumbered; and (6) undertake such other measures to make the general public aware that said lot will be subject to alienation, lease, or encumbrance by the parties. 

c. Rules applicable in Double Sale:
Civil Code, Art. 1544. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property.
Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith.

  1. The principle of primus tempore, potior jure (first in time, stronger in right) gains greater significance in case of double sale of immovable property. When the thing sold twice is an immovable, the one who acquires it and first records it in the Registry of Property, both made in good faith, shall be deemed the owner. Verily, the act of registration must be coupled with good faith— that is, the registrant must have no knowledge of the defect or lack of title of his vendor or must not have been aware of facts which should have put him upon such inquiry and investigation as might be necessary to acquaint him with the defects in the title of his vendor. (San Lorenzo Devt Corp vs. CA, G.R. No. 124242, 2005)
d. Purchaser in good faith
  1. A purchaser in good faith is one who buys property without notice that some other person has a right to or interest in such property and pays its fair price before he has notice of the adverse claims and interest of another person in the same property. (Chua vs. Soriano, G.R. NO. 150066, 2007)
  1. Thus, the reliance by the Chuas on the notarial acknowledgment found in the duly notarized SPA presented by Celestino is sufficient evidence of good faith.  The Chuas need not prove anything more for it is already the function of the notarial acknowledgment to establish the appearance of the parties to the document, its due execution and authenticity.   (Chua vs. Soriano, G.R. NO. 150066, 2007)




Friday, March 25, 2011

A Point on Qaddafi

I have not wrote for a while and I believe this would be the first for this year (and hopefully not the last). I came across an article in foreignpolicy.com written by Ugandan President Yoweri Museveni entitled "The Qaddafi I Know". It spoke of his subjective perception of Qaddafi as an African fellow, as a world leader and as a State man.


Indeed Qaddafi is one of the misunderstood leaders who because of his independent-mindedness is being considered as a threat against the imposed world order. The African political culture has developed on its own based on the long history it went through. Power meant a lot because it was the only way by which they can protect their States against the colonial powers. Control within its territory is at all times necessary to maintain the cohesion as well as preserve the hard fought independence.


There is no doubt, Qaddafi has developed a very deep sense of nationalism to the point of doing everything to preserve its country against the foreigners even at the expense of its own citizens. 


The Libyan people should have decided on its fate, not the external forces who only know them on the facade.

Thursday, December 16, 2010

Evidence Review Notes


PRELIMINARY MATTERS

EVIDENCE AS A SUBJECT
Evidence as a subject is just a component of the entire Remedial Law as a subject in the Bar examination. This is just a small segment of the entire Remedial Law. Particularly, in our jurisdiction, the Rules on Evidence are found in very few provisions of our Rules of Court. Although there are some other provisions found somewhere else, but primarily the Rules on Evidence are found on Rules 128, 129, 130, 131, 132, 133, so practically there are only 6 Rules constituting the entire Rules of Evidence.

EVIDENCE DEFINED
Evidence is defined as the means, sanctioned by the Rules of ascertaining, in a judicial proceeding the truth respecting a matter of fact.

ELEMENTS OF EVIDENCE

1.      Evidence is just a tool/means
-it is a tool to achieve the ultimate purpose--that is, truth.
-not the end in itself

Evidence
Proof
-means to the end
-total effect of evidence (end result)
-medium of proof
-establishes the truth of the fact in issue
continue reading....
-you cannot equate evidence with proof because if you have evidence, it does not mean that you have proof because evidence has to undergo certain process for it to produce the desired proof
-for example, evidence needs to go through the process of admissibility and sufficiency so that it will achieve the desired purpose of proof—to establish the truth of a fact in issue.

2.      Must be sanctioned (allowed) by the Rules
-meaning, it must be such that is contemplated and allowed by the Rules.
-so, anything presented in court that is not allowed by the Rules is not evidence. That is why we have COMPETENCY—anything that is not allowed by the Rules, anything excluded by the Rules cannot be considered as evidence.
-so it has to be that allowed by the Rules for it to be considered as evidence.

3.      Must be made in a judicial proceeding
-TAKE NOTE: very important element of evidence!
-when we talk of evidence, almost always, you think about judicial proceedings because as a general rule, the Rules on evidence apply only in a judicial proceeding.

JUDICIAL PROCEEDING
-meaning court, that is, bodies created by law that exercises judicial functions.

GR: the Rules on evidence shall be uniform in all courts, in all judicial proceedings.

EXC: (Rule 1, Section 4) “These Rules shall not apply to [the following judicial proceedings] election cases, land registration, cadastral, naturalization and insolvency proceedings”

EXC to EXC: by analogy or in a suppletory character and whenever practicable and convenient.

RATIONALE: because these cases are governed by their own peculiar and specific sets of rules.

SUPPLETORY APPLICATION
-the suppletory character in the application of the Rules of court, including the Rules of Evidence in these types of cases, happen in case their own Rules is silent on that specific question of procedure.
NON JUDICIAL PROCEEDINGS
GR: Rules of Evidence does not apply in non judicial proceedings.

EXC: when their own Rules provide for the suppletory application of the Rules of Court (evidence).

RATIONALE (why Rules of evidence do not apply to non judicial proceedings):
1.      Because the Rules specifically says so.
2.      Non judicial bodies have their own Rules of Procedure.
-their own Rules of procedure may provide 2 things, to wit:

a) expressly provide that the Rules of evidence will not apply
REYES vs. CA
Facts:
Agrarian case filed and pending before the agrarian court. Trial Court admitted the affidavits of the witnesses even if they were not presented during the trial and be subjected to cross-examination. The same was affirmed by the appellate court.
Issue: WON trial court erred in admitting the affidavits.
Ruling:
No.
The lower court committed no error because the rules governing cases filed before the agrarian court, states that 1) the rules on evidence are not applicable even in suppletory character and 2) testimonies of witnesses in the form of affidavits are admissible.

[This case illustrates a situation where the Rules adopted by a non judicial body (DARAB) expressly prohibits the application of the Rules of evidence in all cases before them, even in suppletory character]

b) expressly provide that the rules of procedure will apply in a suppletory character
-example the NLRC rules of procedure

4.      To ascertain the truth
-this refers to the LEGAL TRUTH—that which the evidence says (what is proved by evidence).
-MORAL TRUTH-- if the truth coincides with the reality

5.      Respecting a matter of fact
-in every litigation, there are always 2 issues: the factual and the legal issues
-the purpose of evidence, is to ascertain only the FACTUAL ISSUES
-trial is for the determination of a factual issue, evidence is for the determination of a factual issue.
-you take out the factual issue, you do not speak of evidence.

Thursday, May 27, 2010

U.P. Sinirangan




About Us

Sinirangan is a Waray word for Silangan or East to describe the geographical location of the UP campus in Eastern Visayas.

U.P. Sinirangan is an organization formed by and through the efforts of the alumni of the University of the Philippines Visayas Tacloban College mainly as a response to the continuing call of addressing the region’s social problems. The UP Sinirangan envisions itself as a support, network and socio-civic organization of UP Tacloban graduates based in Manila and Cebu. Guided by the principle of establishing a community inspired organization that is committed in continuing public service, nationalism, citizenry and transformative leadership nurtured by century old UP education, dedicated for the advancement and development of the nation and its marginalized sectors.

Tuesday, May 25, 2010

Easement of Right of Way

          Easement- an encumbrance imposed upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a different owner (cited in Paras, Civil Code of the Philippines Annotated, 1999 ed.).

          Easement of Right of Way is the easement or privilege by which one person or a particular class of persons is allowed to pass over another’s land, usually through one particular path or line (cited in Paras, Civil Code of the Philippines Annotated, 1999 ed.).

          It should be remembered that to be entitled to a legal easement of right of way, the following requisites must be satisfied: (1) the dominant estate is surrounded by other immovables and has no adequate outlet to a public highway; (2) proper indemnity has been paid; (3) the isolation was not due to acts of the proprietor of the dominant estate; and (4) the right of way claimed is at the point least prejudicial to the servient estate (Quintanilla vs. Abangan, G.R. No. 160613, February 12, 2008).

        Article 630 of the Civil Code of the Philippines provides that “The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement.

          However, in a case pending before the court where the owner of the dominant estate claims for his right for easement of right of way, the owner of the dominant estate may file an ancillary relief for preliminary injunction whenever upon proper proof, he will be able to show that he will suffer damages due to constructions made or to be made by the owner of the servient estate in the area subject of the easement.  Thus, the writ of preliminary injunction was granted by the lower court upon respondent’s showing that he and his poultry business would be injured by the closure of the subject road (Buyco vs. Baraquia, G.R. No. 177486               December 21, 2009).


        In one case the Supreme Court held:
        “We are of opinion that the trial judge correctly held that the record sustains the plaintiff's claim of a right of way as indicated by the arrows marked number 1 on the plan of the land submitted by the commissioner and filed with the record. We think however that the form of the judgment entered by him must be modified. He directed merely that this road "be opened for the public use" and by inference imposed upon the defendant the duty of so doing. But there is nothing in the record which would justify a finding that the defendant is charged with a duty to maintain or construct a road across his land. So far as the record disclosed his only obligation in regard to this right of way over his land is a negative one, that is to say, not to obstruct or hinder the free passage over it of any persons entitled to make use of it. While the prayer of the complaint does not clearly indicate the relief sought by the plaintiffs, we think that it may fairly be construed as a prayer for the permanent injunction, and as that is the relief to which the plaintiffs are entitled upon the facts alleged and proven, the trial court should have granted a permanent injunction prohibiting the defendant from obstructing, by the maintenance of fences or otherwise, the plaintiffs' passage over the ancient right of way, which the trial court found to be in a direct line a indicated by the arrows marked No. 1 on the commissioner's plan. (Resolme vs. Lazo     G.R. No. 8654.    March 30, 1914)

        The writ of preliminary injunction is issued to prevent threatened or continuous irremediable injury to some of the parties before their claims can be thoroughly studied and adjudicated. Its sole aim is to preserve the status quo until the merits of the case can be heard fully. Thus, it will be issued only upon a showing of a clear and unmistakable right that is violated. Moreover, an urgent necessity for its issuance must be shown by the applicant.
        Under Section 3, Rule 58 of the 1997 Revised Rules of Civil Procedure, the issuance of a writ of preliminary injunction may be granted if the following grounds are established, thus:
(a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts, either for a limited period or perpetually;
(b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or
(c) That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual.
        Prescinding from the provisions mentioned above, we have consistently held that the requisites of preliminary injunction whether mandatory or prohibitory are the following:
(1) the applicant must have a clear and unmistakable right, that is a right in esse;
(2) there is a material and substantial invasion of such right;
(3) there is an urgent need for the writ to prevent irreparable injury to the applicant; and;
        (4) no other ordinary, speedy, and adequate remedy exists to prevent the infliction of     irreparable injury “(Marquez vs. Sanchez, G.R. No. 141849  February 13, 2007).
        It is well-settled that the sole object of a preliminary injunction, whether prohibitory or mandatory, is to preserve the status quo until the merits of the case can be heard. It is usually granted when it is made to appear that there is a substantial controversy between the parties and one of them is committing an act or threatening the immediate commission of an act that will cause irreparable injury or destroy the status quo of the controversy before a full hearing can be had on the merits of the case. (Buyco vs. Baraquia, G.R. No. 177486  December 21, 2009).













Thursday, May 20, 2010

HAPPY BIRTHDAY MIRIAM QUIAMBAO

A Game You Should Play by Russel S. Pernites

One of the features offered by social networking websites today are the game applications. Through Facebook I came to know the game Icy Tower. I saw a friend who published her accomplishment in the said game. I was curious and tried to open the application. Days passed and I became hooked with the game. I have learned to master the game style, the strategy, the technique.

                                               Icy Tower
Icy Tower, wikipedia described is a popular freeware computer game. It is both an action game and a platform game. An action game is one that involves physical challenges which require coordination of the mind, hand and the eye. A platform game is a game genre which is characterized by jumping from one platform to another (the most famous of which is Super Mario). The game was created by a Swedish game developer Free Lunch Design. The game is set inside a high tower with platforms to jump all the way to the top. The goal of the game is to help Homer the Homeboy (he is the character in skater boy outfit) reach as high as he can by jumping through the platforms. Along the way, you can gain additional scores by doing the combo jump--twirling and ricocheting Homer as he runs fast along the platforms.


Need for Achievement
I loved the game so much that I play it from the moment I open my computer. I also look forward to seeing how I ranked among my friends who play it. Every time I play it I have the goal to improve my previous score and to rank higher (hopefully number 1). I did this everyday to the point that I tremble because of the excitement and the disgust and frustration because the character fell down. When it does fall, you do the game all over again—back to square one.

According to David McClelland in his Theory of Needs, people’s needs can be classified into three: Need for Achievement, Need for Affiliation and Need for Power. These needs are universally observed among people with different cultures. These are also shaped by differing lifestyles and perspectives. In development studies, it is also argued that development is attained because of the people’s desire and yearning to achieve. Even in simple things we want to be better, we want to improve, we want accomplish, we want to achieve.

Realization
By reason of that need to achieve, I play the game to show that I can improve my score, to prove that I can play the game well and to share my rank to others. Until one day, I asked myself, I play the game to achieve? To achieve what? I realized that the game was becoming a habit—a bad habit at that. A bad habit because it took minutes and then hours of my time which should have been devoted to work. It was close to obsession. As of this moment, I have already deactivated my facebook account to keep myself from playing the game (I once in a while reactivate it though, to receive updates from friends and relatives).

This entry is neither intended to discredit the game nor serve as a negative criticism against the game. In fact, I recommend the game to all game enthusiasts who want something to pass their time or relax from a boring life. My point is that we all have the desire to achieve. We all want to improve; we all want to be better. In simple things, including the games we play, that desire will always make manifest. In that desire to achieve we should always remember to do it without compromising others—other people (do not step into other people, learn to appreciate, listen and encourage), our work (earnestly do your work, do not procrastinate), our selves (be critical in every decision, do not be carried by the present euphoria, think and be honest). We want to achieve for the fact that it boosts our morale; we want to achieve because we want to help ourselves and eventually help others but we should reach it not at the expense of others.

P.S.: try playing it Icy Tower and share to me the experience, its good really.

Wednesday, May 19, 2010

No Post

I went out of office the whole afternoon. I haven't managed to post a blog. haha...(this is a post right?)...heheh

Tuesday, May 18, 2010

12 Senators Proclaimed

As of today, the last three (3) remaining senatorial candidates has been proclaimed by the COMELEC to complete the twelve new set of Senators who will serve in our Congress for six (6) years. Our new (actually some are re-elected, I wonder why the people chose to re-elect some???!!!!) senators are:

The Prayer by Russel Pernites

Contribution
When I attended the Holy Mass last Sunday, the gist of the priest's message is about our mission to continue spreading the Words of God. The priest related the Homily to the Church's celebration of the World Communication Sunday. He reiterated that aside from spreading the Words, we should also be witnesses to the Words that we spread. 
The priest focused on the importance of the internet on the present life of the people. He cited experiences where the internet served as a medium for spreading the Words of God. He was able to communicate with his friend in Malaysia and learned that he is serving in the Church there. He also received a message from a Catholic who asked if he could just send his confession thru the e-mail (I was really amused when according to him, he replied by saying "just send it directly to God") and a lot more. He showed how the internet facilitated the people's desire to hear the Words of God and the ways through which we can share them. By reason of that message, I convinced myself that this blog should also contain entries wherein I can help in spreading the Words of God. In this little way, I will be able to make a contribution.

The Office
I have been working in a Law office for 6 months. I am doing legal researches, draft documents, go out to meet with clients, transact with government offices or just run errands. There are days when the whole office is turned into a "bring me" or "treasure hunt" game where all of us will be looking for a particular document that is supposedly kept around the corner (records keeping really needs improvement, records keeper and of course human memory too). It is difficult especially when you just took over somebody else's post and not familiar with the lost document. Sometimes we get frustrated and desperate and when that moment comes I just wish I could pray to Saint Jude to intercede.

Saint Jude 
Saint Jude Thaddeus is one of the twelve Apostles of Christ. He is oftentimes referred to as "The Miraculous Saint", "Patron Saint of Lost Causes and desperate cases." He is the respite of those whose hope is lost because at the last moment help will come through his intercession.

        As an Apostle 
St. Jude  Thaddeus,  who  has been  named  tenth  and  eleventh in the list of apostles by St.Mathew and  St.Luke, is the cousin of Jesus ( Mathew 13 : 55 ). He is  the son  of Cleophas and  Mary  Cleophas who is the  sister of  the Virgin  Mary  ( John 19 : 25 ). The evangelists St.Mathew and St.Mark call him as 'Thaddeus', not to mix up with the betrayer Judas Iscariot.The popular name 'Thaddeus' is a Greek name, which means  'great  hearted  one'. True to his name, the world celebrates him today as "The Saint of the Impossible". 

        As an Evangelist
Bible's reference to Saint Jude is short, just as his letter which  is again the last of the 'Epistles of the Apostles'. The 'Acts  of  the  Apostles'  also  do not cover any of  Saint Jude's  Evangelism. But many historians conclude that Saint Jude  preached along with  St. Simon Peter.In ' The  Contendings of the Apostles ', an  ancient  scripture, the preachings of  St. Jude's and preachings of  St. Simon  Peter's in Palestine has been  elaborated. He spread faith  in Christ  starting from Judaea, Galilee, Samaria and  Idumaea, and afterwards in the land of Arabia,Syria and Mesopotamia and came, finally,to the city of Edessa. According to  Eusebius,  he  returned  to Jerusalem  in the 62 AD  for  the 'The Council of the Apostles', and assisted at the election of St. Simon Peter as Bishop of Jerusalem.

        As a Martyr
The Apostle is said to have suffered martyrdom  in Suanis, which was then subject  of  Persia.  Tradition  tells us  that  he  was clubbed  into insensibility and after that his head was shattered  with  a  broad  axe. Another version tell  us  that  the  Apostle was  martyred, aged  80  in Armenia where he was  crucified on a cross and  pierced  with  arrows. Because of  these  beliefs,  St. Jude's pictures and  statues depict him holding a club, an arrow and an axe. 
St. Jude  is traditionally depicted carrying the image of Jesus in his hand. It represents  the imprint of the Divine Countenance that  was  entrusted to him by  Jesus. King Abagar  of Edessa  in  Syria,  asked  Jesus to cure him of  leprosy and also sent  an  artist  to bring  him a drawing  of  Jesus Christ.  Impressed  with  King  Abagar's  great  faith, Our  Lord  pressed his  face on a cloth  and  gave  it to St. Jude to  take  to  Abagar and  cure  him. The King was  cured  and converted to Christianity  along with  most of his subjects.


         As a Saint
After the martyrdom, pilgrims came to his grave to  pray  and  many of them, experienced the powerful intercessions of St. Jude. Thus the title, 'The Saint  for the Hopeless and the Despaired'. St. Bridget of Sweden  & St. Bernard had visions from God asking him to accept St. Jude as 'The Patron Saint of the Impossible'.  In 1548,  Pope  Paul  III  declared  the feast  of  St. Jude to  be celebrated on 'October 28' every year. In  the  18 th century, the  popular  devotion  of  St. Jude  was strengthened  in  France and  Germany. Today, more than ever before,  the world is witnessing St. Jude's  powerful  intercessions on behalf  of  the helpless and the devotion to  St. Jude is spreading with the blessing of our living God. (www.stjudetvm.com/biography.html)

The Prayer
To this end, I would try my best to keep entries which will in one way or another help spread the Words. In times of predicaments and despair may St. Jude intercede through this prayer:

O most holy apostle, St. Jude, faithful servant and friend of Jesus -- People honor and invoke you universally, as the patron of hopeless cases, of things almost despaired of. Pray for me, for I am so helpless and alone. Please help to bring me visible and speedy assistance. Come to my assistance in this great need that I may receive the consolation and help of heaven in all my necessities, tribulations, and sufferings, particularly (state your request) and that I may praise God with you always. I promise, O blessed St. Jude, to be ever mindful of this great favor, to always honor you as my special and powerful patron, and to gratefully encourage devotion to you by publishing this request. Amen.