Saturday, June 25, 2011

For my wife on our 8th year anniversary

It was also raining so hard like this
when I first laid my eyes on you –
a picture of a serene, refined woman
seemingly unperturbed by my pretentiousness
and awkward preening.

Which kept me guessing.
And yearning.

You were sunbeams peeking through
the dark clouds of my existence, and the gnawing
misgivings slowly turned to ease
and desire to please you.

You were amihan winds bringing warmth
and caress to my soul, driving away both
precipitations and trepidations.

Eight years hence, how could I not remember,
when you remain the light of my life,
the anchor of my dreams,
the warm breeze banishing away all the pains?

Seasons have changed so many times
since that momentous rainy day;
one thing remains constant,
pure and crystal-clear:
I love you, Ginababe,
with all my heart,
my destiny,
from here towards the infinity.

Sunday, June 12, 2011

The difference between RP-US Mutual Defense Treaty and Japan-US Security Treaty: Or why the US would not help the Philippines in case of a shooting war versus China

According to a Philippine Daily Inquirer news report, the United States said it will not side with any party in the Spratlys conflict. “The US does not take sides in regional territorial disputes,” the US press attaché Rebecca Thompson said in an e-mailed statement when contacted for comment to deputy presidential spokesperson Abigail Valte’s invoking of the 60-year-old Mutual Defense Treaty (MDT). So sorry, Philippines.

On the other hand, previously the US has categorically declared that the Diaoyu/Senkaku Islands, being claimed by China, Japan and Taiwan, fell under the US-Japan Security Alliance. Thus, it said technically, the US would be obliged to bail Japan out if there were a fight over the Senkakus even if the US doesn’t take a position on who owns the islands. According to the reports, the Japan-U.S. security treaty specifies that the US will help defend areas that Japan administers. (Eurasia Review and NY Times)

Let us check then the two treaties and watch out for the differences on the carefully tended phraseology:

Japan-US Security Treaty (19 January 1960) -

Each Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations in accordance with the provisions of Article 51 of the Charter. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security. (Article V)

RP-US Mutual Defense Treaty (30 August 1951) –

Each Party recognizes that an armed attack in the Pacific area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.

Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security. (Article IV)

For purposes of Article IV, an armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific. (Article V)

Note that while the US agreed for Japan to administer the Senkakus according to the said reports, there was no such agreement between the Philippines and the US on the Spratly islands. Observe that the MTD is likewise Pacific-centric and tends to favor the country with substantial interests over it. Carlos Romulo, Joaquin Elizalde, Vicente Francisco and Diosdado Macapagal signed the MTD for and on behalf of the Philippines.

The rights of the child and the schools' duties and obligations under the law

It would be safe to presume that we are all equally and reasonably concerned with the welfare and safety of our minor children as the classes open for this school year. Next to the quality of education, unsafe school premises and activities, abusive teachers and school bullies, may just be some concerns on top of our minds as our children bid us goodbye and lug their heavy trolley bags to the school gate. Fortunate are we if these concerns would later turn out to be mere phantoms, and come moving up day, we breathe a sigh of relief.

Three laws may very well assuage us of our niggling concerns. You may take a look at the following:

1. Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610);

2. The Child and Youth Welfare Code (PD 603); and

3. The Family Code (EO 209)

RA 7610 defines "children" as persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

It also categorizes "child abuse" as the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

Cruelty against or humiliation of the child as defined under PD 603 is punishable by prision mayor in its minimum period.

The Family Code (EO 209) tackles substitute and special parental authority of the school, its administrators and teachers over the children and their corresponding civil liabilities.

The Family Code provides that, “The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.” Such authority and responsibility “shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.”

Accordingly, those given the authority and responsibility shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

However, such liabilities would cease and shall not apply if it is proved that the school, its administrators and teachers exercise the proper diligence required under the particular circumstances.

In a recent case, the Supreme Court describes proper diligence, to wit: "...neglect in preventing a foreseeable injury and damage equates to neglect in exercising the utmost degree of diligence required of schools, its administrators and teachers, and, ultimately, was the proximate cause of the damage and injury to Jayson. As we have held in St. Mary’s, “for petitioner [St. Mary’s Academy] to be liable, there must be a finding that the act or omission considered as negligent was the proximate cause of the injury caused because the negligence must have a causal connection to the accident.” (St. Joseph's College vs. Miranda [2010])

Godspeed!

Wednesday, June 1, 2011

Directory of Olongapo City Judges (2023 update)

Municipal Trial Court for Cities (MTCC)

Branch 1 - Hon. Judge Merinnisa O. Ligaya
Tel. No. (047) 224-7767
Branch 2 - Hon. Judge Jason B. Alquiroz 
Tel. No. (047) 224-8089
Branch 3 - Hon. Judge Rosalind R. Jungco-Abrigo
Tel. No. (047) 2242764
Branch 4 - Hon. Judge Esmeralda B. David
Tel. No. (047) 224-8085
Branch 5 - (vacant) 
Tel. No. (047) 224-8086

Executive Judge: Judge Ligaya

Regional Trial Court (RTC)

Branch 72 - Hon. Judge Richard A. Paradeza
Tel. No. (047) 224-6097
Branch 73 - (vacant)
Tel. No. (047) 224-2762
Branch 74 - Hon. Judge Roline M. Ginez-Jabalde
Tel. No. (047) 224-2761
Branch 75 - Hon. Judge Raymond C. Viray
Tel. No. (047) 224-6096
Branch 12 (FC) - Hon. Judge Gemma Hilario-Logronio
Branch 97 - Hon. Judge Melani Fay V. Tadili
Branch  98 - Hon. Judge Michael F. Real

Executive Judge: Judge Viray

The Hall of Justice is located at 23rd St., Brgy. West Bajac-Bajac, Olongapo City. The Hall of Justice - Annex (housing RTC branches FC12, 97 & 98) is located at Paladin Bldg., 22nd Place, West Bajac-Bajac, Olongapo City.

 

(First published in June 2011. In case of any inaccuracy, kindly let me know.)