Coffee Experience

I do not know what topic to write so I decided to write about the first thing that I will see today and tadadan….when I opened my office drawer I saw my coffee and now while sipping a cup of it, I will be writing about my coffee experience. I have switched from one coffee to another to find the right taste, the right effects and the right blend suited for me. There was a brand which made me palpitate. There was one which caused diarrhea. There was one which made me sleep. There is another which does not taste like coffee at all. Of all the coffees that I have tried, I found Jimm’s coffee perfect for me. I have been using either the 5-in-1 or the 7-in-1 coffee mixes for more than a year and counting.

Weekend Escape Part 2

A jump to sooth the tired feet.

On the Way to the Zoo

As promised, here is the second installment of our weekend escape. After eating our snacks we decided to leave the Temple but it was still 3pm, the sun is up and our energies are on full bars, suddenly I remembered that the Cebu Zoo is located nearby. Without wasting any time, I inquired with the security guard of its location, he told us to “take a little walk down the 5^th street and then ask the guard on duty in that area for further direction.” With excitement we walked fast, up the long, wide and winding road where huge and serene fortresses surround. Thanks to the lady who gave us the direction, she saved us from going into the dead end that we were heading. Despite the long and laborious walk and the challenging hunt we still managed to smile, have fun and of course take pictures.

The gate to the Paradise

The Cebu City Zoo

At last we have reached the final curve and were in front of the Cebu Zoo gate, it was around 4pm. The Zoo opens from 8 am up to 5 pm everyday. It has around 15 employees including the new manager who is very dedicated to the cause of improving the Zoo as well as facilities. I have personally met him two years ago during my first visit. Indeed he is full of eagerness and optimism. I want my companions to experience the union with nature and maximize the time to learn more about the place where we are residing—Cebu City.

Take Note of the Rules

The word “zoo” is a short term for zoological garden, a place where animals are kept in enclosures which as much as possible imitate their natural habitat. It is both for educational and conservation purposes and such endeavor requires a considerable financial funding to sustain the feeding and maintenance needs of the animals and the place. I commend the City government for supporting this project. During my first visit, the place was in its initial recovery stage under the new management. Today improvements are visible—more animals are present, more spaces were already used and more people are visiting.

One Step, One Leap

The Long Trek

The excitement began when we stepped our feet inside the zoo’s gate and paid the entrance fee. The entrance fee is worth 10 pesos for children below 12 years old and 25 pesos for children above 12 and adults. Come on join us as we trek around the Cebu Zoo. (Special thanks to Kuya Ellie Ardiente who served as our tour guide in the duration of the visit). Like all places that we go, we were greeted by a big signage of the zoo’s Rules and Regulations—this is a constant reminder that as visitors we must respect the animals and everything inside the vicinity and keep an active duty to observe responsibility in our actions towards the living and the non living things. 

rubbing elbows with the serpents

Bottle feeding the baby milo (wild cat)

I also observed a festive mood in the place, the walls were filled with murals, banners from excursionists were displayed in a particular area and of course the animals sing greetings of welcome and joy. We had the chance to hold and feed some baby wild cats or locally known a milo. We had the opportunity to hold and caress snakes, took pictures with an owl (and so I remembered Hedwig) and took mighty poses with a hawk or banog in local term. We saw monkeys, feed the deer, looked into the eyes of an angry serpent eating eagle, tried to talk to the parrots, entertained by the talking mynas, heard the melodious chirping of different kinds of birds and fowls, amazed by the swimming fish in unison and a lot more unexplainable experience which the words in any alphabet cannot describe.

A pose with the mighty birds (not angry birds..hehe)

Picture taking with Mariano the Croc

Mariano the Crocodile

Highlighting the trek is the once in a lifetime (it was the second for me. hehe) chance to hold a live, 60-year old crocodile named Mariano. Crocodiles are known to be ferocious carnivores and for that we fear them the most. However, according to Kuya Ellie, Mariano is trained and friendly to people. We took our time to observe, of course with hesitation and fear, took pictures and touched the thick skin of the croc. We bade our goodbyes and proceeded to take a farther trek down to see another group of crocodiles which according to our guide are the complete opposite of Mariano--wild, flesh hungry and brutal.

Limp yet authoritative Boggard

Boggard The Siberian Tiger

The path was hilly and steep, on the way we saw monkeys, rabbits, porcupines and other snakes. We started to make a long and painstaking descent. On a stop, we met Boggard, an eight-year old Siberian Tiger which came from India. I have observed that he had lost weight since our first encounter, our guide explained that it was due to the cutting of his meal supply from 40 kilos to 20 kilos of raw meat. So I realized that even animals were affected by the global crisis. He was snob at first, as if telling us to go and stop disturbing his slumber but we persisted. As if disturbed by our guffaw, he let out his loud growl as he stood tall with confidence and authority. Except for the limping right hind leg, he looks healthy and manages to display an aura of combined fear with admiration. I have also observed that his cage is now bigger which is good so that he will be able to move more freely inside. We took pictures and said our goodbyes to our friendly Siberian tiger.

The long trail

Descent to the Crocodile Cage

We continued our descent and walked for about 10 minutes in a trail leading towards the vicious crocodiles. On the way, you can observe the green surrounding nearby, the tall dipterocarps shading the path with their wide foliage, the climbing vines and the relaxing yet creepy sounds of insects typical of late afternoon in the provinces.

Forget about the 

We were welcomed by two barking dogs, which made me back off from the lead. I noticed a sign which said “Forget about the Dog. Beware of Owner” illustrated with a gun pointed towards the reader, I gained confidence and continued leading the trail. Indeed the dogs did nothing, they were even of people. They ran fast as we approached closer to the crocodiles’ cage. The cage is shaped like a huge ship elevated more than 2 meters above the ground level so that its hollow interior holds the water and the strong crocs in. We walked around perimeter of the wall boulders with the slight fear of possible accidental fall (God forbids!) and took pictures too. Special thanks again to Kuya Ellie for the assistance and the stories too.

Experiencing Paradise in an Unexpected Way

As we ascended back to the main entrance, the group made realizations. We thanked each other for the unplanned visit to the Cebu Zoo where we were able to witness the beauty of nature and the potential of the institution to preserve the habitat of these flora and fauna. This place is best for children so that at an early age they will be able to have a glimpse of the animals that they only see in books and have a fresh appreciation of the importance that these creatures offer. This is also a good place to bond with family and friends. With just a meager entrance fee, you will have to experience paradise in an unexpected way. A short motorcycle (habal-habal) ride for 20 pesos per person brought us back to the highway where we realized that we are now back to the busy city, the escape was over and our tired body wants to relax the Boggard way. J

2: 04 pm

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Weekend Escape Part 1

Sunday is the only day that we truly experience rest after six days of working, so we decided to escape, have fun and explore what Cebu City offers.

A familiar Chinese sight

The Plan B

We planned to go to Papa Kitz at Lilo-an but the plan did not push through because of the tight budget and the limited number (from the original 7, only 4 of us were left). We did not want to stay at the house the whole day and bore ourselves out by sleazing and doing the usual weekend routine of watching movies, eating, doing the laundry and so on. Alas a brilliant idea popped up our mind, plan B is to visit the Taoist Temple. This is also a dream come true for Elvie who has been longing to visit the temple to remove the “loser” branded at her. Correct me if I am wrong, we are still strangers in our own places, in our own communities and in our own country. Yes, this will be her first time to be there, so come join us in celebrating this momentous event.

The Dragons

Taoism in the Queen City of the South

Taoism is a philosophy but it is widely recognized as a religion. It follows the teachings of Lao Tze which emphasize compassion, moderation and humility in order to find the Tao or the Path towards attaining harmony with the Universe and ultimately with its source. Taoism is predominant in China and in other parts of Eastern Asia and due to trading and migration, the philosophy or should I say the religion has permeated into our social realm. In Cebu, The Taoist Temple located at Beverly Hills Subdivision is famous because it is open to worshippers, non-worshippers and tourists alike. It is strategically located atop the hill where a picturesque view of the City and the entire subdivision below is visible.

"No taking of pictures", the sign said

The Ritual

Lucky us because the temple was newly painted so we were able to witness the vibrant colors vis-à-vis the shining sun which created the ambiance of ancient Chinese civilization we are only familiar of in books and literature. Believers visit the temple for guidance in huge decisions to be undertaken or to settle confusion relative to things haunting them. You are free to pray and ask for God’s guidance. If you want to ask questions, you can do the ritual by first washing your hands. The washing of hands symbolizes purity of self and of intention. Then you light a joss stick and pray to God by telling Him everything that is bothering you. Pick up the kidney bean shaped wood with its flat surface facing each other, move it and shake it around while praying and ask God if you can ask your question. Drop it slowly on the floor and when it shows its round and flat surface it means yes and you can proceed to ask your question following the same procedure. If it shows both its round surface it means maybe and you can try to drop it again. If it shows both its flat surface it means no and you should return on some other day because God is not ready to answer your questions. Taking of pictures is not allowed inside the altar so try to visit the temple to experience this ritual. But always remember that this is sacrosanct not just a mere game or tourist attraction.

Capture the Shadows

Tourist Attraction

Speaking of tourist attraction, the Temple is open to visitors especially students on excursion, that is why the place is full of signboards reminding the visitors to keep their silence and pay respect to the house of worship. For those who want to bring some food and eat their snacks above the Hill overlooking the beautiful scenery, they have an available place with big umbrellas where the visitors may sit, relax, drink and eat. Just keep in mind to throw your trash on the trash bins provided. I think every inch of the temple is great for picture taking so keep your batteries full so that you won’t miss anything. And one more thing, this is a good venue for stretching those muscles because you have to walk up the steep hill and stairs to go up and then go down on the same path again. If you want to experience, peace, tranquility and meditation within the busy City, visit the Taoist Temple where fun and spirituality are merged into one.

The place where we ate our snacks

P.S.: the unexpected Cebu Zoo experience will be posted as Part 2 of this Weekend Escape.

8:56 am

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“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

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(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

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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

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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)