Do We Call It A Day?

Now that Christmas will be with us not until about a year from today, should we all do some wrapping up and give ourselves a tap at the back? For what? Well, for having acted out our role whatever it may be. For working hard, or not quite that hard, and earning enough, or not quite that much, in order to have something to spend or splurge on, for one's own upkeep, needs and simple celebration, or gratification, showing off and ostentatious bragging rights.

Whatever may be your mood, pleasure or disposition, should you call it a day and take time to rest?

Taking a break is fine. You may even reward yourself with a good meal, or a new personal item, or perhaps, watch a movie and in effect support the Philippine entertainment industry.

Do what you have to but as you treat yourself, think of the many things that you can actually do productively and meaningfully for your family. Then move on to what you can do with your family for other people.

Yes, you call it a day, but the ensuing break is meant to physically rest to re-energize, and a time for spiritual retreat. Come out from this self-encounter truly renewed and ready to pursue, once again, your calling that God has blessed you with.

It's Christmas Day All Over!

Today, December 25, we are celebrating, on earth and in heaven, the birth of Our Lord Jesus Christ. The significance of this day is best exemplified or manifested by the joyous family get together or reunions, colorful decorations and lights, Christmas trees of all sizes, giving of gifts, smiles in the faces of people, fairs and festivals, and many others. Being a time for giving and receiving, a time for bonding, renewal and reconciliation, or a time for peace and happiness, it is not difficult to decipher that Christmas is a day, for all days, for genuine, authentic and pure Love. Yes, that is the significance of Christmas - that Jesus came to us and will again come, all because God Loves Us.

Opening Our Hearts For Jesus

Jesus was born in a manger - a trough where food for animals are placed. Not fit for the Kings.

Would it be the same then had people known that it was Jesus who would be born that evening? Definitely not. They would give the best room where Mother Mary could give birth to Our Lord.

But would it really make a difference? At least for the person who appeared to be seemingly "generous".

Probably not. This is for the simple reason that the hearts of the people were selective. They would accept Jesus if it was made known who He was and expected to be born, yet refuse the very same Jesus whose identity was not to be revealed at that point.

Today, the poor would ask for alms or food, yet they are driven away and worst, despised. People even blame the government for not doing anything. For not doing what? For not keeping them away from your sight? How dare them? What have they done anyway and by the way?

And even if they have something to give to the poor starving person, how much did they give that person? Is it enough to buy a decent food for the day? Of course, one can always rationalize that they are dummies for syndicates. Then, give them food instead of money. Give them clothes. Offer them what you would have given to Jesus, had Our Lord asked you the same.

Actually, we are not being required to do more than what we could. It is enough that we open our hearts to Jesus, welcome Him into our lives, and let His Love dwelling in us to do the rest.

Is that difficult? Pray for wisdom and understanding. Ever remember that each one of us are called upon to serve, all for the greater Honor and Glory of God.

Merry Christmas !

Hazing : The Truth and The Tales

Atty. Caloy Caliwara as Guest Speaker at the Anti-Hazing Symposium  held on
December 7, 2012 and organized by  the Rotary Club of Lucena  led  by its
President Atty. Ronald Calayan.  The affair was attended by students, members of the
academe, and representatives of various fraternities and sororities in Lucena City

Recent events involving the deaths of two students from the San Beda College of Law have once again raised so much uproar and condemnation against the practice of hazing in fraternities. Family members are grieving, the guilty parties are unable to show themselves up, obviously confused and uncertain of their future, except criminal prosecution, an entire school and its alumni likewise condemning hazing, law enforcement agencies are preoccupied with the crime scene and in running after the suspects, lawmakers are on the drawing board and started to announce the conduct of legislative inquiries for purposes of reviewing and amending the present anti-hazing law, and of course, the media is equally and naturally outraged.

There is no doubt that somebody has to answer for the deaths of the hazing victims. From their grave, they are crying out for justice. Like anyone else who are already members of fraternities, they too would like to be called brothers. But fate have not been kind to them.

 Is hazing really necessary? Are fraternities and sororities or similar organizations still relevant? Can hazing be eradicated? What is the truth about it? What are the lies?

Fraternities and Sororities

Fraternities, and sororities are commonly known nowadays as college secret or more accurately “secretive” societies with noble objectives. They are exclusive and members are known to strive for academic excellence and service to fellowmen. True enough, quite a number do excel in their studies and works. They are regarded as successful, and even if one may not be as successful, the fact that he carries the name of the organization would suffice to make him like or feel like one.

Generally, the names of these organizations comprise any two or more of the greek alphabets, from Alpha to Omega to represent the outstanding qualities and intelligence of those who join these fraternities, or at least in the process of being a member, one would have such qualities. The inspiration came from ancient Greeks (philosophers, scientists and inventors) who were regarded as superior, and thus, once a person becomes a fraternity brother or a sorority sister, the real world is opened up, wisdom abounds and life will no longer be “greek” to such person.

Symbolisms and Practices

One must expect that greek letters in the names of these secret societies are symbolisms with attached meanings where normally, only the members will know. Further, passwords and grips are uttered and made, and from that moment on, likewise being symbolisms, they create an automatic bond that will transform complete strangers into brothers or sisters, and unfortunately, anyone who may be in their midst who is not a member will become the stranger, and an intruder.

These symbolisms and their rituals make them exclusive. Each member is deemed special and privileged.

By the way, not all are known as greek-letter societies or organizations. In law schools, latin sounding names have been adopted like lex and juris, among others. 

Though secretive and exclusive, fraternities and sororities will never claim being elitists.  Or at least a majority of them will not. Although they want to be treated and feel being entitled as such, by tradition and as an unwritten rule. Its apparent exclusivity is marked by situations where members group themselves together whenever they may be to the exclusion of others. Non-members are regarded as barbarians while members of other fraternities are treated as ordinary or inferior.

They always strive for superiority and they prove this in terms of numbers – like, having the most number of prominent and influential members or alumni, the most number of projects and accomplishments, and in law schools, the most number of bar topnotchers, scholars, bar passers, student leaders, and successful alumni members like judges, justices, government officials and politicians particularly in the halls of congress, and in local government units, such as governors and mayors including sanggunian and barangay officials.

Anti-Hazing Law or R.A. 8049

Unfortunately, most of these organizations are engaged in initiation-related violence consisting of fist blows, kicks, cigarette or candle burns, and paddles, and other means of inflicting physical and psychological pain and sufferings upon a neophyte or pledge before becoming a member. This is hazing as punished under R.A. 8049 otherwise known as the Anti-Hazing Law.  

           

Hazing as defined under the law, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. There are exclusions from this definition such as the physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police.

            Admittedly, the law did not totally outlaw hazing. It merely regulated the practice of hazing or initiation processes by requiring prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation, and in the conduct thereof, at least two (2) representatives of the school or organization must be present in order to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

It is also provided that if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer penalties ranging from prison correccional in its maximum period (4 years, 2 months and one day to 6 years) to reclusion perpetua (life imprisonment), depending on the gravity of the offense.

            Administrative sanctions may be imposed separately from the criminal prosecution. The owner of the place where hazing was undertaken, the parents or homeowner where it was held, the officers, former officers, adviser or alumni who planned the activity, school authorities or faculty members who consent or has knowledge about it but did not do anything, and those present when hazing was taking place shall be held libale, either as principals or as accomplices.

When death, rape, sodomy or mutilation results from hazing, the penalty is reclusion perpetua. The law also imposes the maximum penalty which is life imprisonment, in any of the following instances: (a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; (b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; (c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; (d) when the hazing is committed outside of the school or institution; or (e) when the victim is below twelve (12) years of age at the time of the hazing. It may be noted however, that if a neophyte is traumatized and suffers psychological damage, other laws will apply and not R.A. 8049.

Phenomenon and Herd Mentality

            The question remains, despite the presence of the law, “why is it that there is still hazing?”

            Hazing is a group phenomenon characterized by a herd mentality. Simply put, hazing is peer pressure, and anyone who does not pass through this, can never be a member. This is wrong because hazing is a lie in legitimate fraternities and sororities, for the truth is that there is an initiation process that must be followed and adhered to where hazing is not tolerated.

It must be emphasized that hazing is never a tradition. It is a penal offense. It does not serve any practical purpose. It will not make a neophyte a better person. It is a means that does not justify the end.  To allow oneself as a “neo” and to be subjected to hazing is a personal but may not be an informed decision. To participate as the so-called “master” in hazing practices is a deliberate act with awareness of its nature and consequences. Hazing becomes the common bond that ties the brothers or sisters together and no longer the organization's principles, doctrines and cultural values which are supposedly imbued into every neophyte. 

Hazing cannot be “minimized” for that is a relative term. One cannot measure hazing. It cannot be quantified. A paddle whacked on one person could be fatal, while 20 paddles on another would mean nothing. Medical attention or monitoring during the hazing process is not a solution. It will only embolden the participants and inflict more pain and injuries upon the neophyte.

          It is not surprising for prospective members to still pursue their determination to belong and become a brother or a sister - and the reasons are many. It could be due to the noble objectives of the organization to which there is a special place in his heart - like service, academic excellence, family tradition, professional camaraderie, or camaraderie;  personal – political clout, prestige , financial or academic solutions; and sinister – connections, protection, ego tripping or pleasure. The list is not exclusive but those with the most trivial or selfish motive would more often than not fall out and quit.

The notion that hazing would insure the loyalty of the neophyte to the organization is a misnomer. It does not build loyalty. It does not train the body to endure pain which may be inflicted during frat wars. It is not a means to test the intelligence or I.Q. of a person.

Amending the Law Against Hazing

Hazing is actually torturing a person - physically, mentally and emotionally -  which may result to psychological damage or even death. Since when can injuring a person or perhaps even murdering him be regulated and not totally banned or outlawed. Hazing is mala in se and inflicting injuries or causing death to a person is totally wrong, harmful, immoral and lawlessness. This is inhumanity in its most condemnable form.

Hence, hazing has no purpose and should be completely banned. Condemning hazing is not enough. There should be no let up until a new law or amendments to the existing law are passed. The new law must explicitly define hazing as a criminal offense and not merely regulate its practice. It should be differentiated from the process of initiation where the dignity and integrity of the person are respected, upheld and enhanced. The penalty for hazing should be reviewed. The school authorities must compel the registration of legitimate fraternities organized and existing under Philippine laws, require the submission of the names of student members and its council of advisers composed of its alumni members, monitor the activities and projects of the organization, insure the presence of a school representative in the initiation process or ritual, and such other measures which will insure that the organizations are closely monitored against the commission of hazing to its students.

In addition, since the concern is not strictly confined to hazing, in as much as there are also issues, among others, on frat wars causing injuries and deaths to frat members, the law shall create a national council of school fraternities and sororities to be headed by the Secretary of Education and operated by an Executive Director, that will serve as the national registry of fraternities and sororities, and it will also function as a consultative or even a regulatory body with research capabilities and investigative functions. All appeals pertaining to administrative cases filed in relation with the violation of the new law shall be decided by an adjudicatory board whose decision shall be final and immediately executory once approved by the said council.

Conclusion : Fraternities and Sororites

As Partners in National Development

There are probably hundreds if not thousands of fraternities, sororities, and other organizations or secret societies as well as their chapters in various high schools, colleges and universities, all over the country, and there is no way by which the growth or birth of new ones could be stopped.

The concerns are for real. But the potentials of these fraternities and sororities in contributing to national development are great and may be harnessed.

Meanwhile, the entire nation can only pray for those who have died because of hazing. They are innocent and helpless victims of the prevailing system. In order that they shall be deemed not to have died in vain, the campaign against hazing, as well as the advocacy espoused by a clear conscience as laid down herein, must be pursued. 

(Reposted from  Quezonian Conscience)

Bank Guarantee In Property Sale

So you have decided to either sell or buy a property. On the part of the seller, the primary interest is the consideration or the payment. The seller would want the payment upfront once the contract is signed and the certificate of title is turned over to the buyer. However, this is not usually the case, there are terms and conditions, like should it be paid in cash or will a check be issued, personal or manager's, or instead, is it necessary to issue a bank guarantee and proceeds of a loan as payment will be released depending on what was agreed upon.

In case of cash or check payment, there is not much to worry about except for criminal elements if paid in cash, and a bouncing check should there be insufficient funds. In both instances, there are remedies within your immediate control.

It would be a different story if the mode of payment is on installment basis or when a bank guarantee is issued in exchange for the certificate of title.

Focus will be made on the arrangement where a bank guarantee shall be issued.

There is a situation where the parties have agreed on the issuance of a bank guarantee by a respectable and reputable bank. It is the essence of the guarantee that upon the transfer of title to the buyer, and the annotation of the bank lien on the certificate, the proceeds of the loan will then be paid out to seller.

This seems to be simple and yet one has to be careful with such arrangement.

There no quarrel about getting paid through the bank on the strength of such bank guarantee. But the question is when will such payment be forthcoming? What are the risks involved?

The bank guarantee is not a separate commitment being given by the issuer. It is dependent on a principal contract, a loan or credit line, entered into by a borrower (in this case by the buyer) and the lender or the bank. If for any reason, the principal contract fails to materialize, such as the death of the borrower, or bankruptcy perhaps, before the loan proceeds are released, will the bank still honor the bank guarantee? Do you think, it will still release the funds and instead file a claim against the estate or in bankruptcy proceedings?

On the other hand, assuming everything went well, and the borrower is pretty much alive and kicking, and financially solid, when do you get paid then?

That depends on how soon the annotation can be made, and there are requirements before this is done by the Register of Deeds. Once those are completed then the transaction will be processed which would take about a month.

So the bottomline here is - make sure you are are fully covered in case of fortuitous events and delays as described here. Do not be deceived by the assurances made in the course of the transaction. Just be firm on what you want and have it reduced into writing. It can save lives from unnecessary stresses and anxieties

2013 Real Estate Forecasts

In the Philippines, when one looks around, buildings continue to be erected, malls and practically every corner where there is foot traffic, booths and sales agents of property developers can be found giving out sales brochures and flyers, vacant and idle lots are diminishing to pave for high rise projects, infrastructure developments are expanding to the countryside, and people are curiously looking, intensely listening and enthusiastically appearing to be interested in what is being offered.

 Obviously, a Filipino dream is to have a house and lot, a condominium unit, or a property either as a practical source of regular income or as an investment. While some are selling, many are buying. Those who are buying comprise the aggregate market composed mostly of OFWs, nouveau riche, yuppies, call center agents, middle income families, among others, such as expatriates or companies.

For 2013, these are some of the fearless forecasts (culled from personal encounters with property hunters) :

1)      Socialized housing will be intensified and demand will definitely substantially increase, particularly so when government action on informal settlers is expected to likewise intensify;

2)      There will be an increase demand for old residential houses and lots which boast of spacious rooms and lawns, particularly so when these are sold at a price lower than brand new ones;

3)      Demands for housing or residential units would not diminish, and thus, more condominium projects will be undertaken in as much as raw lands for subdivision projects have become scarce within the Metropolitan Manila area;

4)      The right time to sell and the right time to buy is now until April of 2013. Prices are stable due to the economic performance of the Philippines and high approval rating of those in government. Expect changes after the mid-term elections on May of 2013;

5)      With the implementation of RESA law, more buyers and sellers will rely on licensed real estate brokers. It is admittedly the best way to deal in real estate, particularly so when it is, in the long run, cheaper and would generate higher returns;

6)      There will be an increased interest in foreclosed properties, and obviously on account of the fact that few are selling their own, hoping to get higher prices or better offers in the future. On this point, one must consider the trend surrounding the area affected;

7)      Parties will rely more on objective and honest appraisal of the property done by a licensed professional rather than relying on speculations and one's instinct – which in the end is definitely unreliable;

8)      Transactions will be more contract-dominated rather than parties relying on verbal arrangements. Every nook and cranny of the deal including the process and procedures must be looked into;

9)      Agritourism will become more attractive and farm lots may be offered as an alternative to a dull retirement, investment or subdivision living; and

10)   Agricultural development will play  a vital role in lieu of industrialization or mining development, or housing projects which do not give due regard to the protection of the environment.

STRONGER @25 !

SBC LAW '87 ROARIN' LOUDER !

 

by

 

Atty. Carlos Mayorico E. Caliwara, Dip.I.R,

SBC Law '87

 

 

The history of mankind has always been a battle between good and evil. It is a desperate and actually a hopeless struggle for world domination on the part of evil - that seeks to trample down on the good. But the battleground known as earth has seen how the good has constantly brought home the laurels of victory. The forces of good and truth have continuously been built up, reinforced and maintained. Joining in these efforts is no less than the San Beda College of Law, our Alma Mater, divinely tasked to train sentinels of truth and justice who would insure that the good will always prevail. These noble mission and sacred traditions are carried on by Bedans through the years until kingdom come.

 

Bedans, as aptly described in our hymn, are perpetually committed to prayer, work and peace. We are expected to have a strong faith in God and an untiring love of the truth. During our college of law days, we were trained and molded to be strong and to constantly bring honor and fame amidst trials and hardships.

 

The courageous members of SBC Law Batch '87 knew what they are faced with, and that is, even from the moment each had embarked on separate journeys through life. It was tough and the world has turned out to be a jungle. The significance of the law profession became even more prominent, imperative and recognized. As lawyers and as Bedans, society looks upon us and expects us to lead and make a difference in this world. We are neither viewers nor spectators, we are the prime movers and leaders.

 

So, as we come home from a long journey, are we bringing home the laurels? Of truth and justice? The honor of having led a moral life and an honest professional practice of law?

 

This is the essence of homecoming – "sharing how life has been blessed by the Lord and what we did so far for the good of humanity".

 

Indeed, there will be fellowships, a reunion, networking, and even an opportunity for bragging rights. These are the incidentals. At the end of the day, after the homecoming, everyone may have to ask, "did it make me or will it enable me to become a better person, a roarin 'Bedan questing for truth and justice, and leading a moral life?"

 

The SBC Law Batch '87 offers its continuous commitment to the Bedan ideals and principles. Faced with bigger responsibilities and more daring challenges, we shall carry on and answer the clarion call, for San Beda, our country and God !

The Next 15 Years

The true challenge ahead is what we would be confronted with, now and through the next 15 years of our respective lives.

As we celebrate our 25th year since we graduated from the San Beda College of Law, we thank God, we thank our spouses and family, we thank our Alma Mater, our professors and the entire Bedan family, and we thank
all others who have become parts of our lives.

We are fully aware that this will be our turning point where we shall embark on a personal mission - for our family, community and God.

Such mission, discerned through prayers, may be far greater and more challenging than before. The difference this time is that there can be no excuses, no ifs and buts, and no reason to fail.

Our labor is our prayer. The end would be our defining point. What we would accomplish shall be our legacy.

More than ever, let us clasp the hands that serve, keep our hearts imbued with charity, enrich our minds that care, and share the blessings that constantly pour upon us.

On our 15th year, from today, it will be our 40th year. Let us continuously pray for guidance, protection and longer life - as we bid "God Bless" and further say "till we meet again".

Burdened? Pause and Rest.

"When eyelids are heavy, it is time to go to sleep and take some rest. Otherwise the quality of anything that you do suffers."
When you feel that there is just so much to do, but you have too little of what you need to move on - such as physical stamina or strength, information to make a learned decision, people who are consistent to assist you, or resources like funds and other logistics - then you are carrying a load so heavy that has become a burden to you.
What does this situation trying to convey to you?
It simply means - whatever it is that you are doing or preoccupied with, that something would eventually take away the happiness that you may be currently enjoying or your efforts in pursuing happiness may be an exercise in futility.
When that happens, you will realize that it is not really a matter of treating it as a challenge. It is instead, a burden that you have to address. You need to "un-burden" yourself with what is turning out to be an obstacle to where you want to go.
For instance, there are people in your midst that do not even deserve any attention. Either they make your work more difficult, or your life miserable. But of course, you cannot ignore them. You may have to take action by making it clear to all your objectives, and your standards. Meaning, they must be made aware of what you intend to achieve and how they can help you. Otherwise, there is no reason for them to be around since they will be a burden to you.
From a different perspective, if you were working for somebody, and you feel that you are merely being used for vested interest, and you are not happy with your work since there is sense of fulfillment, then it is a sign that either your role should be redefined where would be in accord with your conscience, or you may have to resign. There is no point in becoming a martyr when the people you work with do not or the person you work for does not stand for any cause, or may not be, quoting Ninoy,  "worth dying for".
Confronted with a burden, you must temporarily, briefly and comfortably disconnect from the outside world. You will need to detach yourself from a busy, hectic, noisy, materialistic, uncaring, selfish, and chaotic world.
It's like going to bed and experience a restful sleep. You go through a ritual of washing your face, combing your hair brushing your teeth, putting on your pajama or sleeping wardrobe, switching off the light, and tucking yourself in a comfortable bed, embracing a pillow and covering yourself with a nice blanket in a cool room, free from any unnecessary noise, or pests like mosquitos, cockroaches and rodents. All after saying your night prayers and hoping for a pleasant dream. There can be nightmares too. But only if you bring your worries, hatred that you harbor and doubts to your sleep.
So how do you do this sleeping ritual in real life while awake and where you must un-burden yourself?
Follow some simple steps. You will be surprised that there is really nothing new or spectacular with this process. You just do not pay attention perhaps to basic things in life. Here they are:
Sanctuary. Find a place where you can be by yourself. A place blessed by silence. Without any interruption. No mobile phones. No computers. No gadgets. Just a notebook and your pen.
Faith. Place yourself in the holy presence of the Almighty God. Bear in mind that when you do so, whatever it is that you think, do or say - are offered in prayers and for His greater honor and glory. Not yours or anyone else.
Concerns. Make a list of your concerns. Do not consider any of them as problems. They are not. Remember that there are problems that cannot be resolved. Concerns are addressable at all times. Be precise and be certain what these concerns are. You do this by (a) assigning a name to it; (b) defining what it is; (c) ascertaining what needs to be done; (d) specifying how each steps shall be done; (e) identifying the people who will help you; (f) making an inventory of your material resources and funds needed; (g) being ready with what may go wrong and how you will handle it; and (h) drawing up a timetable and as much as practicable, a flowchart
Action. Do not due put off for tomorrow what you can do today. It may mean trouble if you incur a delay. You must note that at this stage, your compliance with what you have set out to do is very important. This could spell success or failure.
Congratulations for your patience, and interest in reading this material. It would show that you are serious in what you want for your life at this time. This means you want to move on and succeed more. So, go get your well deserved retreat.

STRONGER @25 ! SBC LAW '87 ROARIN' LOUDER !

The history of mankind has always been a battle between good and evil. It is a desperate struggle for world domination on the part of evil, that seeks to trample down on the good. But the battleground known as earth has seen how the good has constantly brought home the laurels of victory. The forces of good and truth have continuously been built up, reinforced and maintained. Joining in these efforts is no less the San Beda College of Law, divinely tasked to train sentinels of truth and justice who would insure that the good will always prevail. These noble mission and sacred traditions are carried on by Bedans through the years until kingdom come.

Bedans, as aptly described in our hymn, are perpetually committed to  prayer, work and peace. We are expected to have a strong faith in God and an untiring love of the truth. During our college of law days, we were trained and molded to be strong and to constantly bring honor and fame amidst trials and hardships.

The members of Batch 87 knew what they are faced with, and that is even from the moment each had embarked on separate journeys through life. It was tough and the world has turned out to be a jungle. The significance of the law profession became even more prominent, imperative and recognized. As lawyers and as Bedans, society looks upon us and expects us to lead and make a difference in this world. We are neither viewers nor spectators, we are the prime movers and leaders. There is no other option.

So, as we come home from a long journey, are we bringing home the laurels? Of truth and justice? The honor of having led a moral life and an honest professional practice of law?

This is the essence of homecoming - Sharing how life has been blessed by the Lord and more importantly, what we did so far for humanity. Indeed, there will be fellowships, a reunion, networking, and even an opportunity for bragging rights. These are the incidentals. At the end of the day, after the homecoming, did it make me or will it enable me to become a better person, a roarin' Bedan questing for truth and justice, and leading a moral life?

Batch 87 offers its continuous commitment to the Bedan ideals and principles. Faced with bigger responsibilities and more daring challenges, we shall carry on and and answer the clarion call, for San Beda, our country and God !

(The San Beda College of Law Batch of 1987 is celebrating their Silver Jubilee. The San Beda College of Law on the other hand is celebrating its 60th Foundation Anniversary. The General Homecoming and Reunion will be at the Manila Polo Club on November 30, 2012 at 5:30 o'clock in the afternoon.)

The Art of Selling Your Property

Among the most difficult decision ever to be made by a property owner is that of selling one's own property. If it were you, there are several factors that you must consider.
First would be, the necessity of really selling it. More often than not, there is a sentimental value attached to the property and you would definitely find it difficult to let go of it. The memories and shared lives will become fresh and vivid once again. But of course, emotions are respected and no matter how significant those memories were, the time has come for you to sell. This decision is being made because it is beneficial and necessary given the prevailing circumstances. Today is the right time, for tomorrow, such opportunity may no longer be there. Unless you want to build a museum on it, or you have an alternative to what you are deciding on now, then keep it. Otherwise, be more prudent. Sell it.
Second, the price must be right and to the right buyer. As the saying goes, opportunity knocks once. Yes, indeed. But such opportunity must be yours and not the opportunity for others to take advantage of you. Sometimes, people succumb to what we may call, a decision made out of desperation. This is either because money is needed urgently and there seems to be no other way but to sell the property oven if it would been giving it away at a rock bottom price, or maybe one would want to get out of a situation involving the property, and selling it would be the easiest way out. Consequently, you get to meet buyers and brokers that are indifferent to your plight except that grabbing your property at a give away price is for them, an opportunity of a lifetime, and a desperate move on your part. The remedy here is to have your property appraised, and get a professional and honest broker who will really represent your interest. Being able to sell at the right price and to the right buyer is the key to giving justice to the cherished memories in that property.
Third, surround yourself with competent and qualified professionals who can help you get the most out of your transaction. You will need an appraiser to ascertain how much your property is based on the current market value. A broker can help you sell the property, look for buyers and make sure that you will get the best price do your property. The lawyer can draft, prepare and finalized legal documents. He can advise you on matters affecting the sale of the property. You may also need the expertise of a surveyor if only to insure that the description of the property is correct and accurate.
Fourth, above all, pray. Remember, that nothing is impossible with God. As long as you do what you have to do for His Honor and Glory, you will reap success.
By way of summary, the art of selling your property consists of making a learned decision that you will not regret the moment it is no longer yours. Such art must go through the following process:
a. The need to sell the property is a decision reached objectively without emotions.
b. The price must be close or just about the same with that of its appraised value.
c. The buyer is serious, legitimate, and willing to pay cash or enter into arrangements backed up by a bank or other financing institutions.
d. Seek professional help.
e. Pray for Divine guidance and blessings.

St. Pedro Calungsod, Pray for us !

A Personal Reflection
Once again, for the second time in my lifetime, together with my wife and children, the second Filipino Saint was canonized. We deem it a blessing to have witnessed several Catholic milestones particularly those involving the Philippines.  In all those, we have experienced the love and generosity of God. His healing power is just so enormous and the blessings continuously showered are truly manifestations of His Omnipotence and Greatness. So today, as one family, we are witnesses once again to the goodness of God on the occasion of the canonization of San Pedro Calungsod. He is a patron saint of all but particularly the youth, missionaries, catechists, sacristans, and even the OFWs. His martyrdom was all about his determination, willingness and courage to defend the Catholic Faith with his own life. More importantly, in our world today, when the Catholic Church is being attacked, and priests being maligned, physically and verbally attacked, or murdered, the exemplary and sacred courage of San Pedro Calungsod is something that should be imbued in every faithful.
San Pedro Calungsod, pray for us !

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Mabuhay!

Today, we have all reasons to celebrate.

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What are the requirements to get a Certified True Copy/Certification/Verification?

Requirements: 

1. Letter of Request or Transaction Application Form (TAF).

2. Photocopy of Title.

3. Identification Card

How to Register: 

1. Approach the Registration Information Officer (RIO) to check if you have the complete documentary required for your transaction. Complete the TAF 

2. Submit complete documents and the TAF to the Entry Clerk and wait for the Claim Assessment Slip (CAS) 

3. Proceed to the Cashier and pay the Registration fee and IT Fees indicated in the CAS. Receive receipt and claim stub 

4. Claim document from the Releasing Clerk on the date indicated on your claim stub 

Same process apply on how to get the Certified True Copy/Certification

What are the Basic Requirements for Registration?

1. Original of the deed/instrument

If original document cannot be presented, the duplicate original or certified true copy shall be presented together with a sworn affidavit executed by the interested party stating why the original document cannot be submitted.

2. Certified copy of the latest Tax Declaration of the property

3. If titled property, owner's copy of the certificate of title, and all issued co-owner's copy if any

Note:

a. If a document was executed abroad, a Certificate of Authentication by the nearest Philippine Consulate is required.

b. If either party is a corporation, the following are also required:

      i. Secretary's Certificate/Board Resolution indicating the authorized signatory(ies) and the scope of authority

       ii. Articles of Incorporation

       iii. Certificate of SEC that the articles of incorporation has been registered

For Issuance of Title Transactions

All issuance transactions require the following documents aside from the basic requirements:

1. BIR Certificate Authorizing Registration (CAR) re: payment of capital gains tax or donor's tax, as the case may be

2. Real property tax clearance re: up-to-date payment of taxes

3. Proof of payment of transfer tax

4. If the land is covered by CARP, DAR clearance and Affidavit of Landholding of transferee

Additional requirements for specific types of issuance transactions:

1. Extra-Judicial Settlement / Adjudication

· Affidavit of Publication stating that the notice of settlement has been published once a week for (3) consecutive weeks

· If minors are involved, Court Order approving the settlement

2. Judicial Settlement of Estate

· Court Order approving the partition

· Certificate of Finality of the court order

· If the property is being sold or encumbered during the settlement proceedings, Letters of Administration

3. Extra-Judicial Foreclosure of Mortgage

· Certificate of Sale by the sheriff/notary public

· Approval of the Executive Judge, RTC

4. Consolidation of Ownership

· Affidavit of Consolidation of the purchase or Final Bill of Sale executed by the highest bidder

5. Judicial Foreclosure of Mortgage

· Court Order directing the sale by public auction

· Deed of Sale issued by the sheriff

6. Execution Sale

· Notice of levy or attachment must first be annotated accompanied with a writ of execution

· Certificate of Sale

· Final Deed of Sale

7. Registration/Sale of Subdivision Project

• License to Sell

· Development Permit

· Certificate of Registration

For Annotation Transactions

All annotation transactions require the following documents in addition to the basic requirements:

1. Real property tax clearance re: up-to-date payment of taxes

Additional requirements for specific types of annotation transactions:

1. Mortgage / Lease

· Documentary stamp tax

For Subdivision and/or Consolidation Transactions

All subdivision/consolidation transactions require the following documents aside from the basic requirements:

1. Letter request for subdivision/consolidation

2. Sepia or polyethylene film of the plan duly approved by Land Registration Authority or the Land Management Bureau

3. Blue copy of the plan

4. Original technical description (duly approved)

If with change of ownership, the following additional documents are required:

1. Agreement of partition

2. Real estate tax clearance

For Condominium Transactions

If CCTs are to be issued for the first time in the name of the registered owner, the following are required:

1. Master Deed

2. Declaration of Restriction

3. Diagrammatic Floor Plan

4. Letter request for issuance of individual Condominium Certificate of Title

5. Certificate of Registration with HLURB

6. Development permit

7. License to sell

8. Owner's duplicate of the title of the land and all issued co-owner's duplicate, if any

For subsequent transfer of CCTs

1. Certificate of Management

THE REGISTRIES OF DEEDS

Clients needing information about title to lands go to Registry of Deeds (RD) office concerned. It is in this office that the service rendered to the public by the Land Registration Authority is almost done. Today, there are 168 RDs nationwide. Specifically, an RD is tasked with the following:

1. Register deeds affecting registered (Act 496) and unregistered (Act 3344) properties as well as deeds on personal properties under the Chattel Mortgage Law;

2. Entry and issuance of original certificates of title (OCT) pursuant to judicial decrees and patents; entry and issuance of all transfer certificates of title pursuant to registration of all subsequent dealings, voluntary or involuntary, on registered lands;

3. Collection of entry, registration, legal research and assurance fund fees in accordance with the rates provided by the law;

4. Reconstitution of lost certificates of title in accordance, with the provisions of Republic Act No. 26 as amended by PD 1529;

5. Cooperation with other agencies of government in the collection of taxes and fees such as land transfer tax, capital gains tax, donor's gift tax, estate tax, real estate tax, residence tax, privilege tax;

6. Cooperation with other government agencies regarding the land reform program under PD 27 by complying with land reform requirements prior to registration;

7. Repository of all titles, deeds, and records within the limits of its jurisdiction.

8. It is also responsible for the following services;

• Provision of records retrieval services regarding requests for the reference to, or research on any document, titles on file and issuance of certified true copies.
• Verification of history titles.

Regional Registries of Deeds

• Exercise immediate administrative supervision over all provincial and city Registrars of Deeds and other personnel within the region.
• Implement all orders, decisions and decrees promulgated relative to the registration of land titles within the region and issue, subject to the approval of the Administrator, all needful rules and regulations therefore.
• Implement policies, programs, memoranda, orders, circulars and rules and regulations of the Authority.
• Answer queries relative to registration of deeds.
• Coordinate with regional offices of other departments, bureaus/ agencies under the Department of Justice and with the local governments and police units in the region.
• Extend speedy and effective assistance to the Department of Agrarian Reform, the Land Bank of the Philippines and other agencies in the implementation of the land reform program of the government.

Source : http://www.lra.gov.ph/index.php?page=registry_of_deeds

UNDER OATH

A lawyer who appears before the Supreme Court, Court of Appeals, Sandiganbayan, Commission on Elections or other similar bodies with two or more sitting justices, commissioners or hearing officers, should expect being asked a lot of questions and will sometimes be humiliated for not coming prepared.

But Wow! Oh boy! And wha!

Seldom do we see a witness being reprimanded, confronted and bombarded by magistrates with questions, and straightforward statements or even being read and lectured on provisions of the law pertaining to possible civil and criminal liabilities. These are unprecedented and history has not been too kind as they unfolded because there were valid reasons. A witness was blurting out inconsistent statements and answers to the questions thus propounded. They were answers which the magistrates tried to reconcile with one another but eventually gave up for reasons known only to them or merely due to lack of time.

In fairness . . .

The witness may not have the luxury of time or opportunity to go over his notes or calendar. Maybe, human memory sometimes when under too much pressure could not process information stored in it right away. The court room itself may just be so intimidating enough to paralyze an otherwise clear and responsive mind. The sight of television cameras, batteries of lawyers, congressmen and observers seated at the galleries, and the overwhelming number of judges in full regalia, make ups and haircuts, and the fact that the credibility of the witness has been questioned due to his association and closeness with the number one critic of the impeached official - now tell me and all, would you have done better?

Well, at least someone did - the buyer of the Marikina property.

Bottomline.

Just be who you are and bear in mind that when you took your oath, you have sought God's help for you to tell the truth.


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GUIDELINES ON HOW TO DETECT FAKE TITLES

1.    Check if the initials, signatures, technical description, annotation and other component elements appearing on the front and at the back of the original are exactly the same as that appearing on the owner's duplicate copy of the title.  Any variance is a ground for suspicion;

2.    Judicial Forms for titles are considered accountable forms.  A serial number is assigned to each judicial form.  The serial number to be used for the original copy is printer in rd and the serial number for the duplicate copy is in black.  The LRA distributes the judicial forms with serial number in consecutive order to the various Registries of Deeds.  Any certificate of title bearing a serial number which is not among the ones delivered to a particular registry is of doubtful authenticity;

3.    A number is assigned to each judicial form.  It is indicated on the upper left-hand corner of the form.  Example:  Judicial Form No. 109 is used for the original copy of the TCT which emanated from a decree of registration and Judicial Form No. 109-D is used for the title is not the proper form as indicated by the Judicial Form number, this should be investigated;

Immediately below the Judicial Form number is the year the form was printed or revised.  If, for instance, the judicial form on which the title was prepared bears a date previous to the time when such form was printed or revised, then this is a ground for suspicion;

4.    The owner's duplicate copy of the title contains the words "Owner's Duplicate Certificate" on the left side margin of the judicial form.  On the lower left corner of the form is affixed a red seal.  The seal should not blot or stain when wet;

5.    The last two digits of the title number should correspond with the page number of the registration book indicated on the upper right corner of the title.  Any variance should be investigated;

6.    A reconstituted transfer certificate of title is identified by the letters "RT" preceding the title number, while the reconstituted original certificate of title carries the letter "RO" before the title number;

7.    The Central Bank judicial form is printed on security paper which contains security features.  The paper is 50% cotton and 50% chemical wood pulp with artificially colored silk fibers.  It has a NALTDRA or LRA watermark which can be seen if held against the light.  Patently fake titles are usually printed in forms made of cartolina or some other material of inferior quality.

8.    Check if the Register of Deeds  who signed the title was the incumbent register of deeds at the time the title was issued;

9.    Check the entry of a related transaction in the Primary Entry Book to be certain that the title was issued on the basis of a duly registered document;

10. Check the Enumeration Book or logbook which contains information on the personnel assigned to prepare the title on a certain date and the serial number of the judicial form used;

11. Check the Releasing Book if there was a title of  such number that was released by the registry on that certain date;

12. Of necessary, trace the history of the title to determine the genuineness of its source.  This may entail going back to the mother title, the derivative titles and relevant documents.

13. If necessary, trace the history of the title to determine the genuineness of its source.  This may entail going back to the mother title, the derivative titles and relevant documents.

Source : Land Registration Authority (http://lra.gov.ph/files/guidefake.htm)

DEAL ONLY WITH LICENSED BROKERS

The real estate industry has evolved through the years to become as among the most regulated industry in the Philippines. This is understandable particularly when the real estate boom of the 70's and 80's has produced quite a number of real estate agents even without being licensed to broker real estate deals. As a result, the public had been unduly exposed to overpricing, unprofessional advise, amateur deals, fly by night sales, and other unpleasant and sometimes fatal experiences with these kind of unlicensed real estate sales people. While the unlicensed comprise the bulk of real estate sales networking, they are also responsible for most of the failed deals.

Under existing laws, the Professional Regulations Commission had been tasked to insure that only those are qualified and competent to deal in real estate transactions shall be given the requisite license. Therefore, apart from consultants, appraisers and brokers, salespersons must go through the process of licensing.

If you, as a buyer or as a seller of real property would want to be assured of a fair and legitimate deal, then talk to a licensed broker. They are bonded and have undergone several hours of training aside from the passing the mandatory government examination. They are not fly-by-night dealers and the PRC has made sure that appropriate documentation have been accomplished before license is issued.

Deal with licensed real estate brokers, ask for their PRC License. They will be glad and more than willing to show the license to you. Besides, not all has one.

NO TO FLYOVER, NO TO HIGH RISE !

When buying a residential house or a property, it would really be prudent enough to look into several concerns which may be helpful in making a decision. They are as follows:

1) What are my objectives in buying a residential house or a property? Remember if it is purely for residential purposes you are aiming at, then make sure that the property is located in a residential zone with any potential to become a commercial area. An example is a famous area in Quezon City. It was originally intended to be a purely residential area. But now, restaurants, stores, banks, shops, and medium to high rise buildings have sprouted.

2) Even if no such potential of becoming a commercial area exists, will that property be affected in the present time or in the future by the need to meet the demands of development. An example is the C5 area and those along the Valle Verde area. There seems to be a plan to build a flyover and that is being opposed by the residents in the area. Another is in Tandang Sora, where residents and informal settlers must now resettle or relocate for the same reason.

3) Will the development be continuously sustained and progressive? If I buy a house or a townhouse, what is my assurance that other in my neighborhood will continuously care for their property and maintain its aesthetic fitness?

4) How is the water system and supply? Is the area within a faultline or is it flood prone? How is the drainage and sewerage systems? What about peace and order? Is there sufficient security provisions? Where is the nearest police station? Fire department? Is there a church or house of worship nearby? Is there a clinic or a hospital, and how far is it from the location of the property I intend to buy? What about schools, market and perhaps, malls or groceries, are they accesible? I may also consider the proximity of banks, gas stations, drugstores, laundrymat, water refilling stations and even fastfood outlets. Of course, I may also want to be near a car repair shop where there is an auto mechanic and towing services available 24/7.

So its not really the only issue of flyovers or high rise buildings which mattters. To be considered are other concerns which eventually will determine the future of the home you intend to be imbued with peace, prosperity and happiness.