Author: lawfulpsyche

Categories
Psyched

A Dose of Insight

Cebu City | I went to a certain Government Agency (not gonna
disclose) to comply with my duties as a Filipino.

In the office, I diligently followed the line and
priority numbers despite the fact that the
instructions were not clearly given.
Confused, I sat down and read every post I could
see within the vicinity. Then, I started to ask
around.

Everything went well until the officer-in-charge with
a loud and condescending tone uttered to me
“Adto lagi ang pila dong!” (The line starts there!)
To me it was off. I felt like a high school kid
reprimanded by a strict teacher with a stick ready
to hit me anytime. I mean, I don’t have an issue
with how they addressed me; it was their tone and
how they assumed I knew the rules which bothered
me.

Nonetheless, I composed myself knowing that
‘twas noon, and (maybe) everyone had a bad
temper because of the heat of the sun (though not
a valid excuse because the office is fully air
conditioned). Still, *Carpe diem*

After patiently waiting for 3 hours, I proceeded to
the counter only to be greeted by another officer
with an insulting tone “asa man imong…” “di lagi
pwede!” *fast talking* *jargons all over* (where’s your…) (that’s not allowed…)

(In soliloquy I said: Do they really need to assume
everyone knows the rules? Why can’t they just
answer my questions? Can’t they just be gentle?)

Again, I respectfully responded to the interview, and
they gradually processed my documents.

When they asked for my ID, I presented the same.

*officer shocked when I presented my PRC ID*
Oh, Sir, you’re submitting these as a
PROFESSIONAL diay? So you’re also a teacher?

*their tone started to be gentle*
Okay, Sir. May I know your… (and they asked for
more details). Then the vibe became calm and
respectful.

Perhaps, it’s not their fault that I have a build like
that of a high school kid? Kidding aside… I
honestly don’t know how to react at that moment.

While contemplating, I was reminded by the
lessons my parents keep on telling me. I vividly
recall they told me TO ALWAYS BE KIND.

My parents taught me that how I regard a CEO
should be the same as that of a noble laborer of
the lower class. To never judge a person by their
appearance and to give empathy. “Kindness costs
you nothing” they always say.

(No offense to those employees who are really
doing their job well–there are still a lot of them)

As I walked to the exit after finishing the
transaction, I was saddened by the officers’
behavior. Not because of the fact that they wrongly
judged or mistreated me, but because of my worry
that they might do it again to other people. That
they might be passing these behaviors on to their
children without them being aware.
What kind of generation are we raising when we
are gradually losing basic decency?

I hope we can still “Make Kindness The Norm.”
As my parents always tell me:
“Be kind; it costs you nothing.”

Categories
Remedial Law

Garcia-Padilla v. Enrile

121 SCRA 472

Criminal Procedure

Topic: Bail

Facts:

Charged with rebellion, Nine (9) of the fourteen (14) detainees herein were arrested on July 6, 1982 at about 1:45 p.m. by three (3) teams of the PC/INP of Bayombong, Nueva Viscaya. The other four (4) detainees were arrested on the following day. President Marcos. Sr. issued a Presidential Commitment Order on July 12, 1982 for their continued detention.

Issue: whether bail can be availed when the privilege of habeas corpus is suspended and Presidential Commitment Order (PCO) was issued.

Held: NO.

The constitutional right to bail is unavailing when the privilege of the writ of habeas corpus is suspended. The right to bail cannot just be cancelled out summarily because of the issuance of a PCO. Persons engaged in rebellion or insurrection may not claim the right to be released on bail when similarly captured or arrested during the continuance of the aforesaid contingency.

Categories
Remedial Law

Bangayon v. Butacan

345 SCRA 301

Topic: Criminal Procedure (Bail)

Facts:

Bangayan filed a charge for grave threats against Cauilan Sr and Jr. The latter orally requested for bail as well as reduction of the amount of bail from Judge Butacan. The judge granted the bail as well as the reduction of the amount, and he also ordered the release on the same day.

Issue:

Whether motion for bail as well as the reduction of its amount can be done without a hearing.

Held: NO.

A hearing is required in granting bail whether it is a matter of right or discretion. A motion to reduce the amount of bail likewise requires a hearing before it is granted in order to afford the prosecution the chance to oppose it.

Categories
Remedial Law

People v. Eduarte

G.R. No. 88232. February 26, 1990

Topic: Criminal Procedure (Jurisdiction)

Facts:

Upon complaint by Alma T. Aggabao, the Office of the Provincial Fiscal of Cabagan, Isabela filed with the RTC of Cabagan, Isabela, Branch 22, an information against private respondents Elvino Aggabao and Villa Suratos for the crime of concubinage. During the trial, private respondents filed a motion to dismiss on the ground of lack of jurisdiction. They argue that concubinage, under Art. 334 of the Revised Penal Code (RPC) is punishable with prision correccional in its minimum and medium periods, which is equivalent to imprisonment of six (6) months and one (1) day to four (4) years and two (2) months, and thus cognizable by the MTC. 

Issue:

whether or not the Regional Trial Court has original jurisdiction over the crime of concubinage

Held:

According to Sec. 32 of B.P. Blg. 129, otherwise known as the Judiciary Reorganization Act of 1980 “Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal, or body.

As regards the husband, there is no question that concubinage is within the exclusive original jurisdiction of the inferior courts. The crime of concubinage is within the exclusive original jurisdiction of the inferior courts. The Regional Trial Courts have no original jurisdiction over the said crime.

Categories
Remedial Law

Manguddatu v. CA

G.R. 139599 326 SCRA 362 February 23, 2000

Criminal Procedure

Topic: Sec 1, Rule 114 (Bail Defined)

Facts:

Petitioners Aniceto and Laureana and several John Does were charged with murder for killing Jose Pascual. They filed bail on the ground that the evidence was not strong. The trial court convicted them of homicide in a decision promulgated in absentia and ordered their immediate arrest. While at large, petitioners filed a Notice of Appeal for homicide, but instead of resolving the appeal for bail, the trial court forwarded the records to the CA.

Issue:

Whether bail can be availed while remaining at large.

Held: NO.

Even if there are already warrants of arrest, the petitioners need to be under the custody of the law to be entitled for bail.

Categories
Remedial Law

Almeda v. Villaluz

86 SCRA 38

Criminal Procedure

Topic: Sec. 1, Rule 114 (Bail Defined)

Facts:

Leonardo Almeda (alias Nardong Paa) was charged, together with five others, with the crime of qualified theft of a motor vehicle. Almeda asked the trial court to allow him to post a surety bond in lieu of the cash bond required of him, but was denied. On the other hand, the fiscal moved to amend information adding habitual delinquency and recidivism.

Issues:

  1. whether the respondent judge has the authority to require a strictly cash bond instead of a surety bond
  1. whether the amendment to the information, after a plea of not guilty thereto, was properly allowed in both substance and procedure

Held:

  1. No. 

The trial court may not reject otherwise acceptable sureties and insist that the accused obtain his provisional liberty only thru a cash bond. But trial courts should be cautious in considering the reputation of sureties.

  1. Yes.

The amendments were allowed because the new allegations do not alter the prosecution’s theory of the case nor possibly prejudice the form of defense the accused has or will assume.

Categories
Constitutional Law

PANFILO LACSON, MICHAEL RAY B. AQUINO and CESAR O. MANCAO, vs. SECRETARY HERNANDO PEREZ

GR 147780, 10 May 2001

Doctrine:

Section 18, Article VII of the Constitution expressly provides that “[t]he President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion . . .

FACTS

  1. 1 May 2001 – President Gloria Macapagal Arroyo (GMA) issued Proclamation No. 38 declaring a state of rebellion in the NCR. She likewise issued General Order No. 1 directing the AFP and the PNP to suppress the rebellion in the NCR. Warrantless arrests of several alleged leaders and promoters of the “rebellion” were thereafter effected.
  1. Petitioners (in 4 consolidated petitions) assailed the declaration of a state of rebellion and the warrantless arrest allegedly affected by virtue thereof, as having no basis both in fact and in law.
  1. 6 May 2001 – President Macapagal-Arroyo lifted the declaration of a state of rebellion in Metro Manila. 

ISSUE

Is the declaration of a “state of rebellion” violative of the doctrine of separation of powers?

RULING: NO

  1. SC: “Section 18, Article VII of the Constitution expressly provides that “[t]he President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion . . .”
  1. SC: “[p]etitioner has not demonstrated any injury to itself which would justify resort to the Court. Petitioner is a juridical person not subject to arrest. Thus, it cannot claim to be threatened by a warrantless arrest. Nor is it alleged that its leaders, members, and supporters are being threatened with warrantless arrest and detention for the crime of rebellion. Every action must be brought in the name of the party whose legal right has been invaded or infringed, or whose legal right is under imminent threat of invasion or infringement.”
Categories
Constitutional Law

AIR TRANSPORTATION OFFICE v. SPOUSES DAVID and ELISEA RAMOS

GR 159402, 23 February 2011

Doctrine:

Not all government entities, whether corporate or noncorporate, are immune from suits. Immunity from suits is determined by the character of the objects for which the entity was organized.

FACTS

  1. Spouses David and Elisea Ramos (respondents) discovered that a portion of their land registered under Transfer Certificate of Title No. T58894 of the Baguio City land records with an area of 985 square meters, more or less, was being used as part of the runway and running shoulder of the Loakan Airport being operated by petitioner Air Transportation Office (ATO).
  1. 11 August 1995 – respondents agreed after negotiations to convey the affected portion by deed of sale to the ATO in consideration of the amount of P778,150.00; ATO failed to pay.
  2. ATO and its co-defendants invoked Proclamation No. 1358, whereby President Marcos had reserved certain parcels of land that included the respondents’ affected portion for use of the Loakan Airport. 
  1. 10 November 1998 – the RTC denied the ATO’s motion for a preliminary hearing of the affirmative defense. 
  1. 10 December 1998 – the ATO commenced a special civil action for certiorari in the CA to assail the RTC’s orders. The CA dismissed the petition for certiorari, however, upon its finding that the assailed orders were not tainted with grave abuse of discretion.

ISSUE

Whether the ATO could be sued without the State’s consent

RULING: YES

CAA (predecessor of ATO) is an agency not immune from suit, it being engaged in functions pertaining to a private entity. 

  1. SC: “[r]eiterating the pronouncements laid down in Teodoro, the Supreme Court declared that the CAA (predecessor of ATO) is an agency not immune from suit, it being engaged in functions pertaining to a private entity.”
  1. SC: “Not all government entities, whether corporate or noncorporate, are immune from suits. Immunity from suits is determined by the character of the objects for which the entity was organized.”
  1. SC: “[t]he need to distinguish between an unincorporated government agency performing governmental function and one performing proprietary functions has arisen.
  1. SC: “ATO as an agency of the Government not performing a purely governmental or sovereign function, but was instead involved in the management and maintenance of the Loakan Airport, an activity that was not the exclusive prerogative of the State in its sovereign capacity. Hence, the ATO had no claim to the State’s immunity from suit.”
Categories
Constitutional Law

Republic v. Villasor

GR L-30671, 28 November 1973

Doctrine:

“It is a fundamental postulate of constitutionalism flowing from the juristic concept of sovereignty that the state as well as its government is immune from suit unless it gives its consent.”

FACTS

  1. July 1961 – a decision was rendered in Special Proceedings No. 2156-R in favor of respondents P. J. Kiener Co., Ltd., Gavino Unchuan, and International Construction Corporation, and against the petitioner, the Armed Forces of the Philippines, confirming the arbitration award in the amount of P1,712,396.40, subject of Special Proceedings.
  1. 24 June 1969 – Judge Guillermo P. Villasor, issued an Order declaring the aforestated decision of July 3, 1961 final and executory, directing the Sheriffs of Rizal Province, Quezon City as well as Manila to execute the said decision. This was reinforced by the issuance of Alias Writ of Execution on June 26, 1969.
  1. The Alias Writ of Execution directed the Provincial Sheriff of Rizal to serve notices of garnishment dated June 28, 1969 with several Banks, specially on the monies due the Armed Forces of the Philippines in the form of deposits, sufficient to cover the amount mentioned in the said Writ of Execution. The Philippine Veterans Bank received the same notice of garnishment on June 30, 1969.
  1. As per Certification dated July 3, 1969 by the AFP Comptroller, “[t]he funds of the Armed Forces of the Philippines on deposit with the Banks, particularly, with the Philippine Veterans Bank and the Philippine National Bank or their branches are public funds duly appropriated and allocated for the payment of pensions of retirees, pay and allowances of military and civilian personnel and for maintenance and operations of the Armed Forces of the Philippines.”
  1. 7 July 1969 – a petition was filed by the Republic of the Philippines questioning the validity of Judge Villasor’s order.

ISSUE

Whether or not the order of June 24, 1969 declaring executory the decision of July 3, 1961 as well as the alias writ of execution directed against the funds of the Armed Forces of the Philippines is valid

RULING: NO

The order of June 24, 1969 declaring executory the decision of July 3, 1961 as well as the alias writ of execution are nullified and set aside.

  1. Judge Villasor acted not in conformity with the dictates of the Constitution. He acted in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction in granting the issuance of an alias writ of execution against the properties of the Armed Forces of the Philippines.
  1. SC: “It is a fundamental postulate of constitutionalism flowing from the juristic concept of sovereignty that the state as well as its government is immune from suit unless it gives its consent.”
  1. SC: “[t]he State, by virtue of its sovereignty, may not be sued in its own courts except by express authorization by the Legislature.”

Categories
Psyched

The Intricacies of Human Emotions

Human emotions are complex psychological states that are experienced in response to various external and internal stimuli. Emotions are subjective and can vary in intensity, duration, and complexity. These include happiness, sadness, anger, fear, surprise, disgust, and love. They can be triggered by a wide range of factors such as relationships, events, experiences, memories, and thoughts.

The origins of human emotions are not fully understood and are the subject of ongoing scientific investigation. However, some theories suggest that emotions evolved as adaptive responses to help humans and their ancestors navigate the challenges of survival and reproduction.

According to the theory of evolution, emotions are believed to have originated as basic, instinctual responses to environmental stimuli that were crucial for the survival of early humans. For example, emotions such as fear and anger may have helped our ancestors to avoid danger and defend themselves against predators, while emotions such as joy and love may have helped to strengthen social bonds and increase the chances of successful reproduction.

Over time, emotions became more complex and varied in response to the increasingly complex social and environmental challenges faced by humans. They also became more intertwined with cognitive processes, such as decision-making and problem-solving, as humans developed more advanced reasoning abilities.

While emotions have deep evolutionary roots, their expression and interpretation are also shaped by cultural and social factors. Different cultures may have different norms and values regarding the expression and regulation of emotions, which can influence how individuals experience and express their emotions.

Culture can have a significant impact on how individuals experience, express, and regulate emotions. This is because culture shapes the social norms, values, and beliefs that guide emotional expression and interpretation.

As we progress through life we tend to forget how emotions affect our being. We are bombarded with so many thoughts and very preoccupied with mounting responsibilities. These things overwhelm us. In fact, we are often blinded by our very own emotions by denying or overreacting on them. This usually leads to unwanted emotional dilemmas. Sometimes we project these to self-defeating acts. While both positive and negative emotions are normal, it is important to recognize them, for it becomes the first step to managing them.

Recognizing our emotions is important for several reasons:

It Develops Self-awareness:

Recognizing our emotions helps us become more self-aware, which is an important aspect of emotional intelligence. Self-awareness enables us to identify our strengths and weaknesses, understand how our emotions impact our behavior and decision-making, and recognize when we need to take action to address our emotional needs.

It Cultivates Effective communication:

Recognizing our emotions also helps us communicate more effectively with others. When we understand our emotions, we are better able to express ourselves in a way that is clear and constructive, and we are more likely to be heard and understood by others.

It Improves Relationships:

Recognizing our emotions can also improve our relationships with others. When we are aware of our emotional needs and can communicate them effectively, we are more likely to build stronger, more supportive relationships with others.

It Betters Stress Management:

Recognizing our emotions can also help us manage stress more effectively. When we are aware of our emotional responses to stressful situations, we can take steps to manage our emotions and reduce the negative impact of stress on our mental and physical health.

In sum, recognizing emotions is not always easy. It requires a combination of observation, self-reflection, and practice. With time and effort, you can develop your emotional intelligence and become more adept at recognizing and managing emotions. It is a lifelong process, when done consistently, can lead to greater happiness, success, and fulfillment for yourself and others.

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