“Ukay-Ukay" at the Carbon Market

The Carbon Market

We wanted to take a short walk but we walked far through a labyrinth of wonder filled with different characters. I am referring to the dusk scenario at the famous Carbon Market of Cebu City where you can find almost all stuffs at a huge, huge, huge BARGAIN—native food items, preserved food items, plants, fresh fruits and vegetables, different sizes of fishes, meat, fresh and beautifully picked flowers, plastic wares, hard wares, sets of furniture, live animals, used clothing and shoes, even the apothecaries too and a whole lot more if you have the patience to walk through it, race and compete with other buyers who wanted to get the best bargain ever. And of course, you have to deal with and survive the heat, the thirst, the smell, the smoke and sometimes the snatchers—so better be prepared, vigilant and alert.

Front view of the Carbon Market

The Price is Right

Good for us, we went to Carbon Market at around 6pm so the scorching heat of the sun is eliminated from the challenge. Like all Saturday nights in public markets, you will be greeted with the bellow of sellers advertising their goods and beckoning posts of the low prices they offer. Our target is the “ukay-ukay.” We wanted to buy used shoes but we did not forego the thought of buying other things that we may find interesting…hehehe…so we searched from stall to stall. One stall sells pants of various sizes and prizes, another one sells t-shirts and blouses, others shorts, leggings and jackets all tagged at a range of 10 pesos to 20 pesos and higher. But depending on your convincing power and appeal and of course patience you can really bring the price right to the brink where there becomes a thin demarcation between buying and asking for it.

All displays are worth 10 pesos

The “Ukay-Ukay”

 “Ukay-ukay” or in slang “UK” is derived from the Filipino “halukay” or “ukay” in Visayan which is used to describe the scenario in the market where the used clothing, shoes, apparels and accessories are all mixed up in one big and long display area and the buyers dig and search for the item that they find best. It is comparable to a quest for the best among the thousands of goods on pile. Thus, perseverance, a good eye, a quick hand and a relentless bargaining are some of the must haves if you want to venture into this endeavor. As far as I know, these goods are sent as donations from foreign countries, as a result these goods do not pay the customs duties, thus they sell cheap. However, I wonder if they were really donations they should be distributed to the intended beneficiaries or else it defeats the exemption. Anyway that is beside the point (I will research on that), I am losing track of the fun. “Ukay-ukay” is a good way to find quality and branded clothing, shoes and home items (of course do not forget to wash them well), it can also be a good business opportunity for those who want to engage in business of buying and selling.

Dig up for the treasure

The Precious Find

After a few minutes of arduous search, we found a single stall which at that time sells used shoes. Without any hesitation and delay, we grabbed on the displays as if wild animals protecting their territories. I did not let go of my first find while I was looking for another one, better one, and cheaper one. It’s good to be assured of at least one of your choice before another buyer gets hold of it and pays for it—that is when you lose your lifetime opportunity forever. From an initial price of 350 pesos I was able to bargain 100 pesos and paid 250 pesos for a pair of running shoes. My companion was even luckier because from 180 pesos she paid only 100 pesos for her pair. After paying for them, we still strolled around and eyed for some interesting stuffs. The precious find is worth the hardship, I should say.

Run for the right fit

The Reminder

As a final word, this is what I observed, more valuable finds can be found during the opening of the new arrivals but you can avail of more bargains at the closing time because the vendors will have to give in so they can sell more before they close. You can visit the “ukay-ukay” at Carbon Market at any time of the day, preferably on a Saturday night or on a Sunday early morning because most of the stocks at this time are new but just be wary of the other buyers who might eye the same item as you like. One final reminder, please wear face mask because you will never want to bring home colds and cough. We never did that so now we are developing colds and sneeze once in a while, the price of the bargain. Despite that, the fun and the experience will be priceless.

9:55 am

Adsum

(photo courtesy of fiscaplyder and minglanilla cebu blog site)

The 4-D Experience

Yesterday was a full day for me -- full breakfast courtesy of Bibbo hotdog, full blown written exam in legal forms, full gastronomic satisfaction for lunch at Spice Fusion, a table-full sumptuous dinner at STK (courtesy of Madam, Happy Birthday!) and a full blast of fun watching the 4-D film at Crown Regency.

Dinner courtesy of the birthday girl Jenny

The Best Plan is to Have No Plan At All

Four dimensional or 4-D in short is 3-D with a twist of real life hedonic sensitivity of the scenes. It is an innovation from the 3-D technology which brings movie and entertainment viewing more interesting, fun and worthwhile. As far as I know only Crown Regency and SM offers this technological experience in Cebu so I thought to make most of the opportunity while we are here. It was past 10pm when we left off from dinner and to make most of the time celebrating Madam’s birthday and at the same time to tour her mother (Nanay Zarda) around Cebu, I excitedly suggested that we go see the view of the City from the top of the tallest building in Cebu—Crown Regency.  According to the famous statement of National Geographic, “the best plan is not to have a plan at all.” Indeed, watching the 4-D film was not part of the plan but we had no regret because we were rewarded with yet another memorable experience. The fun it brought is commensurate with its cost. Watching 4-D is best done with a group of friends or with the whole family. A single flick costs 150 pesos, two short films cost 250 pesos and three films costs 350 pesos. There is really no boring moment in the whole fifteen-minute duration of each show, you need not even need a box of popcorn or a can of cola because you will be carried away by each act as if you were present and part of the scene. It is active watching at the least, participatory entertainment at its best.

This way to the mini theater

Museum of Horror

Despite the vehement opposition from the ever afraid Abegail who was trembling even before the show started, the majority prevailed and thus we watched “The Museum of Horror”. We were led into a mini theatre where 4-D glasses were distributed upon entering the wide and colourful door. The room could accommodate 25 people I suppose. I chose to sit on the front row to be close to the screen and satiate my curiousness, Abegail, Elvie and Jovelyn followed while Nay Zarda, Jenny and Felven were seated behind us. The ambiance was similar to the movie theatres that we are familiar of, except for the smaller size. The chairs looked ordinary but then it eventually revealed its mystery. The chairs vibrate and move as the scenes require, so the fun and excitement was brought to a higher level. The plot of the short film was similar to the movie “Night at the Museum.” It was a fifteen-minute animated film about a newly hired security guard whose task is to watch over a Museum which contains various displays such as the military and war, airplanes, dinosaurs, mummies and skeletons as well as ancient warriors and pandas. On his first night of roving, he noticed something weird about his surroundings. The mummies and the skeletons moved and chased the security guard even on the smallest of passageways. Thanks to his former military training he was able to outrun the living dead. He ran into the room with Pandas and so he suffered pain in the hands of the robust bears. And so when he managed to escape, he landed on the gallery of the dinosaurs who again chased him with all their speed and might. There also was war between the military and the ancient warriors, an exhibition of airplane and pterodactyls flying in the air, and a throng of rats ready to attack. It indeed with a twist, he discovered that it was just a dream but not only a simple dream, it was surreal, a fictitious reality.

Inside the theater

Incomparable Experience

Though the story ended with the protagonist’s death, it was effective in its task of entertaining us. I say so because I felt it and it was the same response that was elicited from my companions and the other groups present. We screamed and covered our faces together when the arrows and the bamboo slits filled the air and are about to hit us. We lifted our feet when we felt something beneath moving during the attack made by the throng of rats and we reacted on the splash of water made by the stumping dinosaur. We did not want to rise when the show ended but the curtain has to close and we have to take our well-deserved rest after the long tiring day. We wanted to keep the 4-D glasses as a souvenir but the attendant asked for them. Then we realized that sometimes we do not need physical objects as souvenirs but the time and the experience together is more than enough. Thanks for the fun, thanks for the memory, thanks for the company.

Be captivated by the surreal

4/3/2011

10:56 pm

Adsum

(This happened on March 20, 2011 and was supposed to be posted on the 21^st, however, due to the maniana habit, I completed it just tonight. J)

Slippers

I had a walk around the vicinity of Ayala yesterday together with some friends. It was a light alternative to the strenuous exercise video that we had days ago. After the walk, we bought some fruits and paid a visit to our sick friend. After an hour of watching a foreign talent show, eating, and a repartee during commercial breaks we headed on our way home, this time because of the late hour by means of a jeepney.

As we stepped in, a man in mid 40s seated in front of me looked at our slippers and from then on my attention was caught by the comment that he uttered. Despite the low and almost whisper baritone voice, I heard it with unimpaired clarity. “I do not understand why some people wear slippers with grapes on it”, with disgust in his face.

Some writers say that slippers originated in Egypt while some say it originated from Asia particularly in Vietnam (Hanoi). Originally slippers were used to protect the sole of the feet from the harshness of the field and the ground while laboring for the day. Moreover, it sought to protect the feet from the scorching heat of the ground as well as the cold and wet rain.  As years passed by people improved and communities developed. Concurrently, slippers also evolved both in its utility and purpose. Slippers became the most common footwear for all people from different walks of life. Thus, it became an equalizing factor of the society. Designers and brands outwit each other to innovate, develop and improve the slippers to suit the current trends in the fashion industry. They build and released slippers that protects the feet and at the same time expresses a person’s individuality. Hence, slippers of all sorts flourished in the market—thick and thin, long and bulky, colored and dark, including those with dangles and hanging and swaying as the wearer walk.

I believe the man on the jeepney was referring to the famous slipper brands (with their infamous imitations). I came to ponder on his point. People nowadays buy slippers not for its utility but because of its brand, you know it, slippers have now become a status symbol. As for me, I agree with the man on the jeepney, I wear slippers for convenience and for style, nothing more nothing less. I do not buy a slipper to show off how much it costs but I consider comfort top most. Brand me a style or fashion miser it does not matter because more often than not it is all about carrying yourself well rather than what you wear.

4/2/2011

11:37 am

adsum

April Fool's Day

April Fool’s Day is an event which has gained international recognition. It is characterized by the commission of jokes, hoaxes and a wide range of foolishness. Following is a brief history of how April Fool’s Day came about:

The closest point of reference related to the origin of this event is France. Prior to 1582, New Year celebration culminates on April 1. However, with the reform of the calendar under Charles IX, the Gregorian Calendar was introduced and New Year's Day was moved to January 1.

However, communications being what they were in the days when news traveled by foot, many people did not receive the news for several years. Others, the more obstinate crowd, refused to accept the new calendar and continued to celebrate the New Year on April 1. These backward folk were labeled as "fools" by the general populace. They were subject to some ridicule, and were often sent on "fools errands" or were made the butt of other practical jokes.

This harassment evolved, over time, into a tradition of prank-playing on the first day of April. The tradition eventually spread to England and Scotland in the eighteenth century. It was later introduced to the American colonies of both the English and French. April Fool's Day thus developed into an international fun fest, so to speak, with different nationalities specializing in their own brand of humor at the expense of their friends and families. (source: http://wilstar.com/holidays/aprilfool.htm)

As a personal observation, Filipinos do not celebrate April Fool’s Day with much anticipation. It is just an ordinary day, some even do not know what April Fool’s Day is. In fact I have known it only 4 years ago…heheh

I think the underlying reason for this is the innate virtue of Filipinos to care and show concern for others. We are born in a culture of community, hospitality, group orientation and sensitivity to the feelings of another. We are not exposed to the Western mode of pranks and jokes which conjures physical hurt and pain. Our type of comedy is through words and antics directed to the comedian’s self, not through pain directed to others. Nevertheless, let us join the fun, April Fool’s Day is a day for mirth, celebration and realization that we all have a fool side of ourselves.

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

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.)

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)

2. 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)

5. 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)

2. 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)

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.

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.

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.

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).