I never knew anything about Space Mountain. To me, it was just about another “story-telling-while-on-a-ride” thing; but boy, was I wrong. Much less would I realize that it could teach a lesson.
“Rocket at warp speed to synchronized music and sound effects on this one-of-a-kind indoor roller-coaster. Launch into the inky blackness of the nether reaches of space. Known for its exhilarating hairpin turns, quick dips, high tech sound and special effects, this state-of-the-art space journey takes you past shooting stars, careening comets and into the future! Join the space race today.” So declared Hong Kong Disneyland Resort’s official website about its attraction, Space Mountain, as I learned much later.
Our recent trip to Hong Kong wouldn’t be complete without a visit to Disney. Although we have been there a couple of years ago, our two boys who are a bit older now (ages are 6 & 7), have become adventurous and daring.
My gung-ho second-born son initiated the bold move of joining the relatively short queue at the Space Mountain booth, dragging me, his mom and his kuya (big brother) along. Unsuspectingly, unwittingly, we came into the dark port, faintly lighted by different colored neon lights. Before entering the docking area, there was a warning about backing out for the final time -- that either titillated or scared the wits out of the thrill-seekers.
While my eldest showed signs of trepidation, the younger one appeared vent on taking the challenge. The eldest and I were seated at the front, while the missus and the youngest were at the back of the two-row coach. There was a brief pre-departure instruction and the lowering of the lap-bars.
Slowly climbing at first, we came face to face with a nebula and thousands of seemingly reachable stars and asteroids. A pleasant ethereal music played, and then we hit the void at frightening speed. All hell broke lose.
My son sitting beside me started to cry. I comforted and held him tight. My concern was our safety (i.e., the lap bar might loosen), as we hurtled into dark space. I heard screams behind me, that of a boy and a woman. I was stoic.
At the end of the longest 2.5 minute-ride of my life, my mouth was dry. We got off. As we exited, I saw our picture on a screen – I looked serious, my seatmate’s eyes were wet, the boy behind us appeared daze, and I only saw the hair of the lady beside him. Suffice it to say that I did not have the desire to buy it.
The eldest blamed me and said he didn’t like it. The younger one, who started it all, complained that it was too much for him and began to sob. I let them drink water first. I praised them for being brave and surviving such scary ride.
Then I told them that I got scared, too. That it was ok to feel that way. I said that while my face probably didn’t show it, inside me, I had the heebie jeevies. I started making faces and noises, first that of a cool, suave guy, unafraid of anything (outside); then that of a face-contorting, eyes-bulging scared-y cat (inside). The boys exploded with laughter. They got the picture.
Tuesday, March 29, 2011
Tuesday, March 22, 2011
Pakyaw, project employment and job contracting: What every employer must know
The Philippine Labor Code allows hiring of employees on a temporary basis, subject to certain guidelines. Most important is the non-diminution of wages provided by law and other standards, followed by occupational health and safety and observance of due process in case of termination, when applicable. Depending on the need and nature of the business, “pakyaw,” “project employment,” and “job contracting” may be resorted to.
“Pakyaw” or task basis refers to rendering of services by the result, regardless of the time spent for its accomplishment. Workers are hired intermittently and for a short period of time only.
It is a system of hiring a labor group for the performance of a specific work and/or service incidental to the implementation usually of infrastructure project by administration whereby tools and materials are furnished by the principal. For the specific work/service output, a lump-sum payment is made either through the group leader or divided among the pakyaw workers and disbursed using a payroll system.
Workers hired on this basis should receive wages not lower than the minimum wage rate for that particular industry.
“Project employee” is defined as one whose “employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee.”
In the case of Caseres v. Universal Robina Sugar Milling Corporation, the Supreme Court said that the repeated and successive rehiring of project employees does not qualify them as regular employees, as length of service is not the controlling determinant of the employment tenure of a project employee, but whether the employment has been fixed for a specific project or undertaking, its completion has been determined at the time of the engagement of the employee.
If the termination is brought about by the completion of the contract or phase thereof, no prior notice is required.
“Job contracting” or subcontracting happens when an employer, referred to as the principal, farms out the performance of a part of its business to another, referred to as the contractor or subcontractor. For the purpose of undertaking the principal's business that is farmed out, the contractor or subcontractor then employs its own employees.
Contracting is allowed if the following conditions concur:
a. the contractor or subcontractor carries on a distinct and independent business and undertakes to perform the job, work or service on its own account and under its own responsibility, according to its own manner and method, and free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof;
b. the contractor or subcontractor has substantial capital or investment;
c. The agreement between the principal and the contractor or subcontractor assures the contractual employees entitlement to all occupational safety and health standards, free exercise of the right to self organization, security of tenure, and social and welfare benefits.
“Pakyaw” or task basis refers to rendering of services by the result, regardless of the time spent for its accomplishment. Workers are hired intermittently and for a short period of time only.
It is a system of hiring a labor group for the performance of a specific work and/or service incidental to the implementation usually of infrastructure project by administration whereby tools and materials are furnished by the principal. For the specific work/service output, a lump-sum payment is made either through the group leader or divided among the pakyaw workers and disbursed using a payroll system.
Workers hired on this basis should receive wages not lower than the minimum wage rate for that particular industry.
“Project employee” is defined as one whose “employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee.”
In the case of Caseres v. Universal Robina Sugar Milling Corporation, the Supreme Court said that the repeated and successive rehiring of project employees does not qualify them as regular employees, as length of service is not the controlling determinant of the employment tenure of a project employee, but whether the employment has been fixed for a specific project or undertaking, its completion has been determined at the time of the engagement of the employee.
If the termination is brought about by the completion of the contract or phase thereof, no prior notice is required.
“Job contracting” or subcontracting happens when an employer, referred to as the principal, farms out the performance of a part of its business to another, referred to as the contractor or subcontractor. For the purpose of undertaking the principal's business that is farmed out, the contractor or subcontractor then employs its own employees.
Contracting is allowed if the following conditions concur:
a. the contractor or subcontractor carries on a distinct and independent business and undertakes to perform the job, work or service on its own account and under its own responsibility, according to its own manner and method, and free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof;
b. the contractor or subcontractor has substantial capital or investment;
c. The agreement between the principal and the contractor or subcontractor assures the contractual employees entitlement to all occupational safety and health standards, free exercise of the right to self organization, security of tenure, and social and welfare benefits.
Tuesday, March 15, 2011
Yes, there’s a real Sitio Tralala
Not far away from the city proper of Olongapo, in a barrio to the north-east called Gordon Heights, a 2-hour arduous climb over a steep incline will bring you to the top of a hill where a little village stands: Sitio Tralala.
As part of Junior Chamber (Jaycees) of Olongapo’s activities, we woke up one early morning days before Christmas last year, to bring toys and snacks to more or less a hundred kids in Sitio Tralala. With a pick-up, a van and a car, we began our journey from a fastfood joint in Magsaysay Ave. and proceeded all the way to the end of the paved road in Gordon Heights.
The trek started comfortably, with a flowing river running alongside the trail. Tall and leafy trees protected us from the sun. A few minutes later, the trees were gone, replaced by talahib and/or cogon grass. The easy walk turned to climbing over a 45-degree slope, marked by just 2 brief stops – for catching breath and saving face, hehe -- until we reached the top. I was wondering which part of my body would give up first, my legs or my heart? Maybe pride got in the way and helped me survive.
And survive we did as we scanned the view unfolding before us: a meandering river, greeneries, the valley below, Subic Bay beyond, and the mountain range seemingly watching over the city.
The village had a half-completed church, nipa houses located few and far between, and dozens of wide-eyed and happy Aeta kids. Soothed by the gentle breeze and re-energized by bottles of water, we mingled with the kids, distributed spaghetti, bread and drinks. Then, on with the fun games and the awarding of prizes where everybody was a winner. All through out, their amused parents were watching and cheering.
Yes, indeed, Sitio Tralala is real.
As part of Junior Chamber (Jaycees) of Olongapo’s activities, we woke up one early morning days before Christmas last year, to bring toys and snacks to more or less a hundred kids in Sitio Tralala. With a pick-up, a van and a car, we began our journey from a fastfood joint in Magsaysay Ave. and proceeded all the way to the end of the paved road in Gordon Heights.
The trek started comfortably, with a flowing river running alongside the trail. Tall and leafy trees protected us from the sun. A few minutes later, the trees were gone, replaced by talahib and/or cogon grass. The easy walk turned to climbing over a 45-degree slope, marked by just 2 brief stops – for catching breath and saving face, hehe -- until we reached the top. I was wondering which part of my body would give up first, my legs or my heart? Maybe pride got in the way and helped me survive.
And survive we did as we scanned the view unfolding before us: a meandering river, greeneries, the valley below, Subic Bay beyond, and the mountain range seemingly watching over the city.
The village had a half-completed church, nipa houses located few and far between, and dozens of wide-eyed and happy Aeta kids. Soothed by the gentle breeze and re-energized by bottles of water, we mingled with the kids, distributed spaghetti, bread and drinks. Then, on with the fun games and the awarding of prizes where everybody was a winner. All through out, their amused parents were watching and cheering.
Yes, indeed, Sitio Tralala is real.
Friday, March 11, 2011
Costs of suit: coverage and applicability to intra-corporate controversies
Usually, when one files a suit in court, whether civil or criminal in nature, he asks the court for the payment of damages, attorney’s fees and costs of suit by the other party. A person who files a responsive pleading to a complaint can also ask for the same. This article will focus on “costs of suit.”
The party that finally prevails is entitled to the costs of suit as a matter of course, unless the court for special reasons adjudged otherwise. The Revised Rules of Court states that:
“Unless otherwise provided in these rules, cost shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.”(Section 1, Rule 142)
In first level courts (e.g., Metropolitan Trial Courts, Municipal Trial Court in Cities, Municipal Trial Court), the costs shall be taxed by the justice of the peace or municipal judge and included the judgment. In superior courts (Regional Trial Courts, Court of Appeals, Supreme Court), costs shall be taxed by the clerk of the corresponding court on five days' written notice given by the prevailing party to the adverse party.
With this notice shall be served a statement of the items of the cost claimed by the prevailing party, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution. (Section 8, Rule 142)
What costs may be recovered then? The specific items and rates may be found under Sections 9, 10 & 11, of Rule 142.
May costs of suit be recovered in intra-corporate controversies? Intra-corporate controversies are not mentioned under Rule 143 and Section 2 of Rule 1. Both say that the Rules is inapplicable to cases involving land registration, cadastral and election cases, naturalization and insolvency proceedings, and other cases.
Also, the Rules of Procedure for Intra-Corporate Controversies expressly provides that: “The Rules of Court, in so far as they may be applicable and are not inconsistent with these Rules, are hereby adopted to form an integral part of these Rules.” (Section 2)
But note that while costs of suit may be allowed to the prevailing party in cases concerning intra-corporate controversies, it is not immediately executory as it must be implemented in accordance with Section 8 of Rule 142. (See also Heirs of Divinagracia vs. Ruiz, et. al., GR No. 172508 [2011])
The party that finally prevails is entitled to the costs of suit as a matter of course, unless the court for special reasons adjudged otherwise. The Revised Rules of Court states that:
“Unless otherwise provided in these rules, cost shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.”(Section 1, Rule 142)
In first level courts (e.g., Metropolitan Trial Courts, Municipal Trial Court in Cities, Municipal Trial Court), the costs shall be taxed by the justice of the peace or municipal judge and included the judgment. In superior courts (Regional Trial Courts, Court of Appeals, Supreme Court), costs shall be taxed by the clerk of the corresponding court on five days' written notice given by the prevailing party to the adverse party.
With this notice shall be served a statement of the items of the cost claimed by the prevailing party, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution. (Section 8, Rule 142)
What costs may be recovered then? The specific items and rates may be found under Sections 9, 10 & 11, of Rule 142.
May costs of suit be recovered in intra-corporate controversies? Intra-corporate controversies are not mentioned under Rule 143 and Section 2 of Rule 1. Both say that the Rules is inapplicable to cases involving land registration, cadastral and election cases, naturalization and insolvency proceedings, and other cases.
Also, the Rules of Procedure for Intra-Corporate Controversies expressly provides that: “The Rules of Court, in so far as they may be applicable and are not inconsistent with these Rules, are hereby adopted to form an integral part of these Rules.” (Section 2)
But note that while costs of suit may be allowed to the prevailing party in cases concerning intra-corporate controversies, it is not immediately executory as it must be implemented in accordance with Section 8 of Rule 142. (See also Heirs of Divinagracia vs. Ruiz, et. al., GR No. 172508 [2011])
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