Duty As Citizen

Its 5:22pm and the Taxpayer's Lounge is still steaming with about 100 Quezon City residents queuing up to pay real property taxes. Does this mean as some sort of confidence vote for the city leadership, or is it because of the discounts given to early birds or merely avoiding the property auction? 

Merry Christmas !

We cannot help but look back at and compare the merriest past when Christmas was celebrated with loved ones. Then and now, we still do, and much better. Indeed, we should be thankful for the blessings showered upon us, and all the more at this time - as we commemorate the Birth of Jesus - given the signs of the times and the challenges of our present lives, the stresses in the world and the frustrations in our society. We must continually pray and ask for guidance. for protection and for graces that we may be strengthened in our faith and be more generous in sharing what we ought to. The spirit of Christmas will forever live on, actually eternally, as a season that we must carry on 24/7/365/52, in a life of sharing, of charity, and of holiness. We - myself, my wife Cheva and our children - wish you all a very Merry Christmas !

Now Hear Ye ! The Senate in Session !

We may be laughing, we may be dumbfounded, and we may be in a state of shock, but we cannot really deny the fact that the Senate teleserye, radyoserye or diyaryoserye have served its purpose - nothing for the people, and a lot about the kind of people engaged in such seemingly endless personal tirades, mudslinging, name calling, and ego blistering. 

The question remains though, where will these things lead us to, as a nation? As a people struggling to survive after successive calamities? As elders and parents of our children and the next generation? 

I invite you to check on chevacaliwara.blogspot.com for more on the Senate infotainment.

Political Landscape Transformation

For a better understanding of current events, I always consider myself a real life and practical student of political science, as distinguished from someone who views them from a purely theoretical and conjectural standpoint. During our days in college, we studied comparative governments, analyzed political philosophies, studied history and its effects on the people and society, read a lot of books, speeches and historical documents, memorized the constitution, criticized decrees, proclamations and executive orders, and even made forecasts of what may happen at certain periods in the history of our nation. We talked about the rise of a strong and united opposition in the Philippines, how death of political leaders changes the course of history, downfall of dictatorships around the world, financial crimes perpetrated by those in government, rebirth of oligarchy and violent revolutions. Admittedly, we missed out the emergence of people power in the Philippines. What we were aware of then was civil disobedience as a form of mass action. A Gandhi-like movement which abhors violence in any form.

Well, those were the days. Endless debates and formulation of opinions. We respected each other's beliefs and points of view. It was a productive and scholarly exercise for us as political science students. We were in control of the student council, some were student activists, others were ROTC officers, and a few were student assistants or working at various departments of the university. It was a huge network in terms of clout and influence, and come to think of it, we were only a handful few, always updated on what is happening inside and outside the campus, as well as the actual reasons for major events or incidents. We knew ahead of time when classes will be suspended. 

We are aware that we were doing so many things but we also know that we have to go somewhere. We were imbued with so much idealism. Money was not an issue. Never did it influence any of the student council elections. We were fighting for causes and we were asking fellow students to be counted in our crusade for a better campus and effective representation, among others. We were in effect enjoying what we were doing. In return, we were able to serve our fellow students very well, we had good rapport with the faculty and school administration including other students organizations. No corruption. Again, money has never been an issue. There were no such thing as dole out or any consideration for something needed by the students. Our student council elections were won based on platform and qualifications of candidates. They were clean, honest, orderly and peaceful. 

Ahh, those were the days. I am sure you had them in your respective college days. 

We had so much time for ourselves, we were professional students. But even then, we felt there was a void. Something lacking. It was the late 70s and early 80s. They were not normal times. They were extraordinary times for extraordinary people. 

We were just hoping that we can duplicate those days and experiences in school to real life back then or at that point in time. And even now. I have always looked forward for the same.

We need to aim at elections where candidates must present and explain a genuine and sincere platform of government, and not merely for a show or for the sake of having one. We must long for the day when politicians are elected because of their qualifications and not due to the money that they spend buying votes. How we wish that the trapos and the epals will have some form of conversions to become statesmen and present-day heroes in the category and caliber of the honorable politicians of our country. 

Billions of pesos in public funds will be saved and instead channeled to meaningful projects and programs which are responsive to the needs of the people. No longer for mansions, luxury cars, jewelry, casinos, vices, jetsetting and money laundering of ill gotten wealth.

With the pork barrel being declared as unconstitutional, theoretically, no public funds will be available for disbursement at the discretion of legislators. This is a drastic change in the way public funds will be earmarked and used. The public perception that politicians are able to siphon money from government coffers through pork barrel will also change. However, the so called line budgeting, that is pinpointing potential projects and work for their inclusion in the budget of the various departments of government, may not deter or prevent corruption. There will always be that issue or suspicion of getting commissions from contractors on a percentage basis. But with the birth of movements and organization keeping watch on how funds are spent, life will be difficult for these contractors and politicians concerned. 

Nonetheless, we must continue to be vigilant and eagle eyed on government transactions and expenditures, and assert our rights every moment of our lives. We are right now witnessing, hopefully, a transformation of how things will be in Philippine politics in the years to come. The major election year of 2016 will be a litmus test for our democratic system. Its success or failure will be ascertained by the kind of leaders who will be elected. 

We need statesmen not trapos. We need stewards not epals. 

We need a new breed of politicians and public servants who can share what they have (in terms of genuine service, talents, skills, dedication and commitment) and not share in what we have for themselves (primarily in terms of public funds).

Let us move on !

Life Without Pork Barrel

In the light of the Supreme Court Decision declaring PDAF as unconstitutional, I am republishing this blog article which first came out last September 17, 2013:

Tayabas, Quezon - Pork Barrel existed for the longest time and obviously since Congress came into being. Let us say, it is a security blanket for districts represented in Congress - that they would not be left out in the distribution of projects or funds for projects needed in their respective areas. Since Congress is in charge of the budget, meaning, it appropriates government funds for specific purposes, it is but logical that pork barrel should be coursed through the Congressmen. This is on the belief that they are more in a position to determine the needs of their respective districts. Put simply, benefits are then deemed equally distributed at the first instance.

But instead of projects, people initially "suspected" that their pork barrel, note - this means the senators or congressmen do not own the pork barrel, are being pocketed or diverted for personal use and gain. Such suspicion is founded on "factual rumors" and thereafter, fortified by "discoveries" now being exposed through the mass media about ghost or unfinished projects, allegations of PDAF for sale, and more recently, the filing of cases with the Ombudsman for plunder, direct bribery, malversation etc.

Let it be clarified that those named in the complaints must be presumed innocent until proven otherwise, meaning, guilty beyond reasonable doubt. We are not even discussing here about probable cause, the quantum of evidence needed to file the charges in court. The other, which is beyond reasonable doubt, is required to convict an accused.

Going back. Suspicions are actually well-founded. Unless, a legislator is really filthy rich or has a business which mills money, with the meager salary and allowances, one cannot reasonably imagine that the legislator can afford a luxurious lifestyle like flashy cars, mansions, glittering jewelry, signature bags and gold watches, among other ostentatious items. In other words, how can they afford these things and at the same time stand as sponsors, ninong, ninang or benefactors. Look. Hard earned money are kept and saved. They are not usually thrown away as dole-outs. They are well spent, and if is for a cause, willingly given without expecting anything in return. In the case of those spending other people's money, like kickbacks, there will always be strings attached when given. Others spend it in casinos, vanities etc.

Consequently, the people and the country have suffered and continue to suffer miserably. Instead of being able to move forward, funds which would have been used for beneficial projects, were embezzled, malversed, or plundered. Health care, education, agriculture and infrastructure development are the hardest hit areas of concern. 

Yes, if finally it is proven and judgment has become final, the PDAF scams will go down in history as the worst scandal ever that struck our nation in the heart. It is painful. It hurts. But we need to be resilient and more importantly, vigilant, truly vigilant, more than ever. Next time, as a bottomline, people must be intelligent and honest voters. Reject the obvious, discern the intention or motive, and choose the deserving and qualified. 

People who are corrupt are easy to decipher or detect. They flaunt their wealth which were not existing when they started in public service. They are arrogant and one can sense an eerie shadow of power. In private, they talk like they own you. In public, they know how to act out a Quezon, a Magsaysay or a Cory. They are cunning and dangerous. Thus, people chose to be quiet and opted to stay in their comfort zone. Of course this is wrong.

However, given the opportunity to unite, we can effect changes. True reforms. The President's vision of social transformation can be realized.

Just imagine, our territorial integrity is being threatened, our OFWs are in trouble, Zamboanga is in distress, floods are inundating human settlements and livelihood, people are looking for work, and yet, we can still afford to throw political mud at each other. To say, "only in the Philippines" is not acceptable. We have to move on.

So, what can we do for now? We must continue to pray. Fortify our faith. Trust the PNOY administration. Yes, this is serious. We are all in it. Politics can come later when 2016 nears. For now, we need to be united as a nation. Social media must be used for constructive criticism. We must be parts of the solution, not the subject of resolution. 

Life without pork barrel may mean a lot. The luxury market may suffer. Who cares anyway specially when we see others suffering. Government funds will now be spent on legitimate projects. Hopefully. Better laws may now be passed. More laws which will be truly responsive to the needs of the people. This is understandable since lawmakers' attention will be focused more on lawmaking or legislation. In fairness though, many significant laws were passed before even with pork barrel, but perhaps there will be some changes now that it is or may be gone. People's lives should improve. And let us hope, and to reiterate, pray, that the "tuwid na daan" will actually be realized and not a mere vision.

Climate Change Commission

About 2 days ago, my wife Cheva has shared to me her idea about the creation of an independent body which will address climate change and the disasters that it creates. This will be some kind of a commission which shall be headed by a chairman with fixed term. The chairman and members shall be disqualified to seek any elective or appointive office for a certain period after the term of office. It shall develop and implement a comprehensive plan to address the effects of climate change. In addition, it may serve as the body which will coordinate disaster preparedness, emergency response and rehabilitation coordination. The commission may raise it's own resources and will have fiscal autonomy. My wife has developed a proposed structure and mechanics which I understand she will propose to Congress.

How Can We Help . . .

There are many ways by which each one of us can help those who were affected by the super typhoon, earthquakes, floods, among others - that hopefully would be the last ! 

One is by giving and sharing what we have like cash, goods or anything of value that could be used by the victims. Even our talents and brains can be put into good use by thinking of ways how we can help them stand up once again and move on with their lives. We can help, we can cooperate, we can contribute, or we can volunteer in the efforts of Red Cross, Caritas Manila, Gawad Kalinga, Habitat for Humanity, GMA Foundation, ABS CBN, and many other reputable institutions and charitable organizations. All these will depend on one's resources and time, since we know, most of us are working and must also earn a living. Understandable. But at least, you are doing your part.

Next is by praying. We can implore God's mercy and Divine Love. There are a lot of things that would definitely be beyond human understanding. There are questions that we dare not ask, for the answers can be human, and not of this world. We would always ask why are these things happening? Why are these being allowed? We us? Why not the crooked and the bad? Why should good people suffer? Why the innocent? What is it that we may have done to deserve these punishment? Or is it? Hence, repeat, prayers will give us the answers. Prayers will help us understand the meaning of all these. Prayers will enable us to receive what we may have perceived to be impossible. Our faith will guide us through all these and emerge from the ruins of the past and stand up once again with the bright sun shining upon us, and the rainbow of hope reminding us of God's promise to mankind.

By sharing. By praying. By learning.

We learn from our experiences, our successes and our failures. It is not really a matter of being prepared  for times like what we are going through right now, but it is more of looking at ourselves in a mirror where we are, what we do, and where we want to go. We cannot remain complacent, indifferent or simply lazy amidst the confusion and desperation. We must not be contented with just being resilient or prepared to be one as if we are anticipating some more of these natural calamities. We cannot always look forward that the Bayanihan spirit will lift us up when the time comes. These are good traits. Resiliency, Bayanihan and Prudence. But they are not excuses to disregard the fact that natural calamities, while predictable in cases of typhoons, do occur when we have only a few days left before it would happen, or in case of an earthquake, when we do not have the luxury of blinking an eye even for a moment.

What have we learned then? In the past, we had our share of these natural calamities and taking it from our experience, not once but several, each was traumatic and gives a realization of our mortality. We had to "weather the storm", struggle for our survival and run for our lives, yes, literally. Thus, we know how it was to see roofs tearing apart and carried by the howling winds miles away with other debris and uprooted trees, or water gushing forth towards the house, flooding the entire area with water rising gradually, or a waterspout running after us as we, in turn, were running for our lives, aboard a motorboat with an engine that kept on malfunctioning throughout the chase, or an earthquake strong enough to make us jump from our bed, kneel down and pray af if the world was coming to an end.

Numbers may be significant but not important. Efforts will never be enough for as long as a single human being is suffering, we cannot call it a day. What is really imperative is for the towns and the cities to rise up and be enabled to move on once again and make them work for the benefit of the people.

Fingerpointing, Pessimism and Truth

There is just so much chaos in this world. We just feel harassed. Always in fear of something. We could not have any peace of mind, thinking that when tomorrow comes, we will be in trouble of some sort. We cannot understand why, despite the good things that we do, we seem to be always on trial. And when people do something bad, they appear to be contended and happy. 

Does that mean, bad people are better off in this world, and those who meant good must suffer? 

What about those who are really suffering? What did they do to deserve what they are going through? We cannot really imagine people being massacred, villages wiped out by floods, crops razed by fire or typhoon, children getting sick, and many getting hungry? 

Yet, there is so much waste in this world. By merely observing around us, of the ten people, about three will have leftovers thrown away and would have been just enough to feed the remaining seven. The same is true with people around the world. A few would live in abundance, waste and throw out the excesses, which are enough for the greater number to benefit from what was discarded. 

The rich gets richer, while the poor getting poorer. Others get drunk and greedy. Many are increasingly getting high and bum. There is this disgusting and dark culture of corruption that keeps on hovering around us, and which has in fact permeated into the very moral fabric of our society.

We have voiced out aloud that enough is enough, and we invent ways of getting heard, of catching attention, and well, in a way, just making noises actually. This is unfortunate since at the end of the day, we prefer to go to bed and sleep, for tomorrow will be another day. Always within the comfort zone. One did not even bother to pray.

What?! Is that it? Any better idea?

@caloycaliwara: So, what is Faith again? It is when your heart, no longer belongs to you, but to God. #binhingmustasa

Commonwealth Saga On Twitter

@caloycaliwara: Walang masama sa marangal ng paghahanapbuhay. Pero hindi marangal ang reckless driving ng bus drivers sa Commonwealth Ave. #kukotenghilaw

@caloycaliwara: Para bang ang mga buses as Commonwealth ang tanging may karapatan na tumahak as Commonwealth Avenue. #kukotenghilaw

@caloycaliwara: Mga jaywalkers. Sumawsaw din sa Commonwealth at huwag ka, halos lahat na yata ng sulok ng Metro Manila. #kukotenghilaw

@caloycaliwara: Mga jeepney drivers at tricycle drivers, ganyan din. Reckless. Pag nabangga naman, sa una, mata pang. Tapos lalambot. #kukotenghilaw

@caloycaliwara: Tao nga naman. Pag lulusot, talo pa ang daga. Pag hindi uobra, buntot nakakilo parang tuta. #kukotenghilaw

Exposing Human Character At Its Worst

@caloycaliwara: Pasaway. Bulakbol. Suwapang. Ulol. Mayabang. Tamad. Bolero. Ganid. Tarantado. Atbp katropang halintulad. Dito gigisahin sa #kukotenghilaw

Kukoteng Hilaw on Twitter

@caloycaliwara: Pasaway. Bulakbol. Suwapang. Ulol. Mayabang. Tamad. Bolero. Ganid. Tarantado. Atbp katropang halintulad. Dito gigisahin sa #kukotenghilaw

Human Character At It's Worst

Check out @caloycaliwara's Tweet: https://twitter.com/caloycaliwara/status/391709247240536064

Some Thoughts On P/DAF/P

At the end of the day, the real issue is whether the funds were used entirely for public purposes and not for private benefit.

Legal issues are involved and granting there was a violation of any law, let the court decide. Those questioning the releases may just have to come forward and clean by taking legal action.

As to whether the funds influenced the impeachment magistrates, it can be recalled that practically the entire nation was in agreement that political questions are involved.

Many agreed with the outcome. People did not go out to the streets to protest against the decision.

Err On The Side Of Caution

"Ex abundanti ad cautelam" is often read in court pleadings or documents filed which are not yet due or required but for purposes of taking a precautionary action, the pleading is filed nonetheless. This is true in lower courts like the the municipal trial courts and regional trial courts. But when it comes to the Supreme Court, unless for a very exceptional and significant reason, no pleading or document may be filed without an order first coming from the high court otherwise the lawyer may be subjecting himself to sanctions or contempt. 

Outside of the court system, there are instances when a public officer or official is being made to follow an order, in whatever form it may have been made, either verbal, through a memorandum circular or resolution, and thus, the official or officer must comply lest administrative and criminal sanctions may be imposed.

But what if the order is unlawful? Should the public official or officer comply with such an unlawful order?

In a decision of the high court, it declared that "When a public officer takes an oath of office, he or she binds himself or herself to faithfully perform the duties of the office and use reasonable skill and diligence, and to act primarily for the benefit of the public. Thus, in the discharge of duties, a public officer is to use that prudence, caution and attention which careful persons use in the management of their affairs." (Factura, G.R. 166495)

Does this mean that blind obedience cannot just be made merely because there is a standing order to do or refrain from doing? Not exactly. But It is clear that "prudence, caution and attention" must be used. And a word of caution though, existing laws provide for certain parameters. There are instances when such or similar acts may be construed as sedition. That is why, when there are laws or issuances which one may feel to be violative of or will violate certain rights, the court is the still the best forum. This could be by declaratory relief or similar actions. Another move or remedy is to secure an official legal opinion from appropriate government agencies. Hence, the bottomline still is, do not put the law in your own hands. Seek legal remedies and redress.

DID THE PHILIPPINES EVER HAD A SHUTDOWN?

This blog will be very brief.

Whatever may be the answer, it is certain that PDAF never had it.

It is only now.

PDAF, ZAMBOANGA, FLOODS, ETC. : WHAT IS THE MEANING OF ALL THESE?

Some kind of transformation is happening to our country and we have to be filled with optimism that it is for the good of all. We cannot afford to be negative at this time since what we are going through is definitely not a joke. We need to move on, move forward and look at the brighter side of things rather than harbor any cloud of hopelessness. 

We are confronted with a vicious culture of corruption and greed and which is now gradually being exposed, and definitely, which have long been condemned. The only problem back then was that no one has the courage to officially reveal an open secret. We were not born yesterday, and we know that many have unjustly enriched themselves at the expense of the people. The corrupt have always been able to get away with their crimes, and they have always been laughing their way to the vaults. 

We do not refer merely to how PDAF was molested and decapitated, but we are also looking at those instances and cases were public funds were diverted for personal benefits, by those in the government or public service. 

So it seems, the three departments of government, the Executive, Legislative and Judiciary, not necessarily those at the helm of each, are being besieged by clamors for genuine change and reforms. Even the COA itself, is now the subject of public scrutiny. There is actually an overhaul of the system and let us hope that something good will come out of it. 

The Department of Justice, National Bureau of Investigation and the Ombudsman are relied upon by a nation which has been betrayed by its elected representatives who were supposed to be public servants in the first place, but who turned out to be public scoundrels. 

Again, let it be made clear that there is no conviction yet, and nobody is being singled out here. What the public is hoping for is, if indeed there were illegal diversion of funds, or malversation, or plunder, then let the guilty be punished and the money returned to the government coffers. 

On another concern, we are certainly shocked by the events which unfolded in Zamboanga City and thereafter in Cotabato. We were just recovering from the Maguindanao massacre and the Hong Thai crisis, although they may have occurred years back already, and then we find ourselves waking up one morning several weeks ago with the sad news for breakfast, that Zamboanga City is under siege. These events do not just simply happen to peace loving Filipinos. 

After hearing first account stories how civilians would flee from what has been described as a "war zone", words could not express the fear, uncertainty and trauma that they have gone through. As announced, it is over. Recovery is on its way and it is prayed that the people affected would be resilient enough to move on with their lives.

Then we are also faced with the continuing ideological and armed struggle which are more than half a century old already. We are of course reminded of 1986 when we thought everything was over, and lasting peace could already be realized by our nation. It is unfortunate that to this date, this is still a concern for our country. 

There are higher expectations for social reforms. We have yet to see the fruits of agrarian reform, or at least the completion thereof. Workers are longing for a living and just wage. Employment for all. Transport has chronically been asking for rate hike. Poverty alleviation cannot remain as a mere lip service. It must be for real and it can be achieved only if wealth is said to be equally distributed, or at least, the so-called equal opportunities for all will truly be fair, just and reachable.

People are hungry. They are suffering from all sorts of illness and malaise. Many are homeless. Some are literally losing their sanity because of life's difficulties. Yet, certain classes in our society seem to be indifferent with their plight. Focusing on wants simply because their basic needs have been met. Indulging in luxuries and vanities instead of finding ways to help others who are in dire need of even the least of life's basics. Idolizing stones, crystals, gems and themselves. Bragging about cars, mansions, and junkets. Blessings are meant to be shared with those who have less in life and not wasted in vices and unnecessary activities or illicit relationships.

We can go on and on, ad infinitum, but the fact remains that change can only be possible if each of us will be willing, able and actually ready to act our part as integral members of the society, united with others as one nation under God.

How?

1) Reality Check - determine where you are, what brought you were you are right now, whether you have reached your goals, and where you failed or may have some shortcomings

2) Resetting your Goals - revise or update your goals, make a road map, learn from your past mistakes, and ascertain contingency plans in case you may encounter troubles as you work your way up to your goals. 

Important: This time, do not be selfish. Include in your plans - what you can do to our fellow Filipinos and to our country, the Philippines.

3) Act Now and Do Not Procastinate - make sure that when you have set your goals, your road map must have a parallel timeline, and be determined to act now and act continuously without letting up

4) Pray - ask for guidance, for God's will, and in everything that you do, make Him the first by offering your achievements, successes and victories for God's Honor and Glory.

When?

This is the right time to do this. That means, now and no other time.

LIFE WITHOUT PORK BARREL

Tayabas, Quezon - Pork Barrel existed for the longest time and obviously since Congress came into being. Let us say, it is a security blanket for districts represented in Congress - that they would not be left out in the distribution of projects or funds for projects needed in their respective areas. Since Congress is in charge of the budget, meaning, it appropriates government funds for specific purposes, it is but logical that pork barrel should be coursed through the Congressmen. This is on the belief that they are more in a position to determine the needs of their respective districts. Put simply, benefits are then deemed equally distributed at the first instance.

But instead of projects, people initially "suspected" that their pork barrel, note - this means the senators or congressmen do not own the pork barrel, are being pocketed or diverted for personal use and gain. Such suspicion is founded on "factual rumors" and thereafter, fortified by "discoveries" now being exposed through the mass media about ghost or unfinished projects, allegations of PDAF for sale, and more recently, the filing of cases with the Ombudsman for plunder, direct bribery, malversation etc.

Let it be clarified that those named in the complaints must be presumed innocent until proven otherwise, meaning, guilty beyond reasonable doubt. We are not even discussing here about probable cause, the quantum of evidence needed to file the charges in court. The other, which is beyond reasonable doubt, is required to convict an accused.

Going back. Suspicions are actually well-founded. Unless, a legislator is really filthy rich or has a business which mills money, with the meager salary and allowances, one cannot reasonably imagine that the legislator can afford a luxurious lifestyle like flashy cars, mansions, glittering jewelry, signature bags and gold watches, among other ostentatious items. In other words, how can they afford these things and at the same time stand as sponsors, ninong, ninang or benefactors. Look. Hard earned money are kept and saved. They are not usually thrown away as dole-outs. They are well spent, and if is for a cause, willingly given without expecting anything in return. In the case of those spending other people's money, like kickbacks, there will always be strings attached when given. Others spend it in casinos, vanities etc.

Consequently, the people and the country have suffered and continue to suffer miserably. Instead of being able to move forward, funds which would have been used for beneficial projects, were embezzled, malversed, or plundered. Health care, education, agriculture and infrastructure development are the hardest hit areas of concern. 

Yes, if finally it is proven and judgment has become final, the PDAF scams will go down in history as the worst scandal ever that struck our nation in the heart. It is painful. It hurts. But we need to be resilient and more importantly, vigilant, truly vigilant, more than ever. Next time, as a bottomline, people must be intelligent and honest voters. Reject the obvious, discern the intention or motive, and choose the deserving and qualified. 

People who are corrupt are easy to decipher or detect. They flaunt their wealth which were not existing when they started in public service. They are arrogant and one can sense an eerie shadow of power. In private, they talk like they own you. In public, they know how to act out a Quezon, a Magsaysay or a Cory. They are cunning and dangerous. Thus, people chose to be quiet and opted to stay in their comfort zone. Of course this is wrong.

However, given the opportunity to unite, we can effect changes. True reforms. The President's vision of social transformation can be realized.

Just imagine, our territorial integrity is being threatened, our OFWs are in trouble, Zamboanga is in distress, floods are inundating human settlements and livelihood, people are looking for work, and yet, we can still afford to throw political mud at each other. To say, "only in the Philippines" is not acceptable. We have to move on.

So, what can we do for now? We must continue to pray. Fortify our faith. Trust the PNOY administration. Yes, this is serious. We are all in it. Politics can come later when 2016 nears. For now, we need to be united as a nation. Social media must be used for constructive criticism. We must be parts of the solution, not the subject of resolution. 

Life without pork barrel may mean a lot. The luxury market may suffer. Who cares anyway specially when we see others suffering. Government funds will now be spent on legitimate projects. Hopefully. Better laws may now be passed. More laws which will be truly responsive to the needs of the people. This is understandable since lawmakers' attention will be focused more on lawmaking or legislation. In fairness though, many significant laws were passed before even with pork barrel, but perhaps there will be some changes now that it is or may be gone. People's lives should improve. And let us hope, and to reiterate, pray, that the "tuwid na daan" will actually be realized and not a mere vision.

Integrity : Virtue or Issue

We define integrity in many ways but it is understood in one way - honesty. That is what it is and all about with integrity. Honesty. To yourself and to others. Without this, everything crumbles down. When that happens, respect on the person diminishes or may even be lost, credibility is tainted, reliability becomes doubtful, reputation is compromised, image changes or tarnished and people will regard the person as not trustworthy.

So the virtue becomes an issue, and the issue is addressed to ascertain the truth. The truth comes out. Then either the virtue is upheld or the person is regarded as a hoax.

Rallying Behind The Chief !

We really need honest people in government. We have constantly prayed for those who can serve with integrity and with dedication. We deserve better treatment as citizens and we therefore deserve public servants who can protect us against graft and corruption, who are compassionate enough and helpful as to guide us toward genuine progress. We can only take so much, but we have had enough. We can take no more. A harassed citizenry has its spilling point, and we had our taste of what people power can do. People are now talking of doing it all over again. But of course, we know that will not happen. We still have our President, who has given us the assurance that things will be better. So we rally behind him,for he is  like a good shepherd leading us to greener pastures and protecting us from the wolves in sheepskins. 

Let us pray then for President Aquino and His Team. Let us pray for our nation and our country. As we pray, we must work and do our part as good citizens. 

SK Reforms or Abolition?

Before us, as a nation, is the important issue of whether the Sangguniang Kabataan must be abolished. This is prompted by the public perception that the youth organization has failed to perform its mandate of being the training ground for future leaders of our country. Instead, the continued existence of the SK is met with criticisms of inefficiency, uselessness and worst, that it has succumbed to graft and corruption. It certainly is a sweeping and serious charge to consider SK as nothing but a burden to the Philippine society. In fairness to the youth, and those who have passed through its frontier once, there are those who deserve recognition for having performed well their mandate, in the halls of the Sanggunian, be it at the Barangay level or the local government councils. But of course, there are those who in their youthfulness have failed to reach the expectations of the people. It is important that we must look into the reasons why and how they have reached such point and extent to earn the wrath of certain sectors of our society. It must be borne in mind that the youth, must constantly be under the control and supervision, and care of their parents or guardians. In any endeavor or undertaking that they are tasked to accomplish, those who have the legal and moral obligation to guide them should insure that they are within the bounds of what is right, and what is legal. The moment the youth would fail in their role as nation builders, then those who are care for them must necessarily be partly to blame.

In 1975, April 15 to be exact, the Kabataang Barangay was established. Back then, the organization was met with criticisms. At that time, every Kabataang Barangay unit has no funds of its own, and each is dependent on the Barangay budget which is controlled by the Barangay council. Yet, KB has excelled in its role of being the ground for youth development specifically in sports, leadership and participatory democracy. Today, the ranks of KB prides themselves of former KBs who are now leaders of our country. Many of whom are now elective local and national officials. Others have been appointed to key government positions. They are performing well.

It is certain that the SK can likewise boast of the same accomplishments, and it is clear that it is but a matter of looking into their organizational and operational weaknesses in order that reforms could be introduced. They may include, but not limited to the following:

a) Selection of SK Chairman and officials must not be highly politicized. The old system has been found effective, and that is, through a general assembly convened for the purpose. Rules may be promulgated to insure an orderly conduct of such assemblies. Campaign and elections can be done with during an assembly.

b) The budget of the SK may go through the same process prescribed under existing laws and policies. Expenditures must however be limited to certain significant items, and discretion should be limited or none at all.

c) Qualifications for SK positions should be stricter and those vying for such positions must undergo a certain set of written examinations on values, virtues, ethics and good governance principles.

d) SK officials must be easily replaced or suspended in the event that an adjudication or disciplinary council organized under the law has found erring officials to be probably guilty of an irregularity. The council may be composed of a trial court judge as chairman, and two members whose reputation for probity, integrity and impartiality is beyond refute.

The foregoing are just among the many reforms at could be instituted. Abolition of the SK is not the solution. Our leaders ahead of us have already determined the wisdom and benefits of involving the youth in nation building through a government mandated organization. We cannot now judge and declare that they were wrong. We have an obligation to make it right and not to evade what we are mandated to uphold and support - the development of the youth.

LIFE AFTER PDAF

For now -

Can we only assume that a suspected mastermind of this pork barrel scam will be charged, convicted and jailed for life?

Can we assume that the big fish and crocodiles who roamed or may still be roaming around the august halls of Congress will be hauled to court and likewise jailed?

Can we only assume that there are still chances of getting back to the public coffers the money which were plundered and squandered, and put to real good public use?

Can we only assume that the pork barrel has been truly abolished, or its derivatives will soon be scrapped, or its modification should not even be thought about?

Now read some more and between the lines -

Can we only assume that there is a better alternative?

And the question remains - is there anything we can do rather just assume or remain the infuriated spectators and harassed citizenry?

Realistically speaking, scams, scandals, and controversies will come and go, but what happened?

Life after PDAF can be boring unless we act. True, we had the million march and now the Edsa Tayo. And then?

So, how do we act?

Continue with the mass actions? Then what?

Mount civil disobedience? Then what?

Initiate people's initiative? Then what?

Be vigilant? Then what?

Pork barrel, discretionary funds, intelligence funds, etc. have all been integral parts of our political and administrative system for quite some time. Even if they are abolished or modified with airtight mechanisms against plunder and corruption, money will still be spent and new corrupt practices will be devised.

So what's new?

Ok. Enough with pessimism.

As citizens, we feel harassed. Yes. Terribly and so unjustly guillotined emotionally and mentally by these large scale looting. So much greed has been revealed that has long been concealed.

We are called upon to resilient and be able to pick up the pieces.

There is a big difference now than before, when we can only talk in private about pork barrel. There may have been public discussions, but not as wide, extensive and so scandalous than what is happening now.

We are certain that somehow there are persons or warm bodies who will be charged and prosecuted, and must held liable for the return of the squandered amount. If they can't give them back in cash, at least get hold of their ill gotten wealth.

We can strongly lobby for true reforms and genuine transparency. Suggest ways by which the people can have access to any information about all projects and disbursements.

Of course, we must pray for guidance and success to all our efforts.

Enough is Just Too Much

As the saying goes, "enough is enough". But now, the people of the Philippines must say, "enough is too much". In the first place, no one has the right to dip his hand into the so called "pork barrel" for his own personal benefit. That is plain and simply stealing. The money belongs to the people and meant to be spent for the people and for our country. We are being told that the funds amount to billions of pesos. Let us not count the classrooms, roads, books and other projects which could have been acquired for the public good with this amount of taxpayers money, but instead, let us determine the amount of interest this amount could have earned for the Republic, and which could have been put to good use. So, the idea here is is that not only should the guilty be prosecuted and put behind bars, but they should be made to account for the funds stolen, and with interest plus other penalties. Pork barrel. Crazy huh!

The Promise

Did God make good with His Promise?

Yes. Absolutely. Without Doubt. By giving up His Only Beloved Son, Our Lord Jesus Christ, we were saved. We were redeemed.

It is up for us now to claim that Victory over sins. And over this world.

How?

Of course, we know how. We know better by now.

Yet, we do not seem to grasp the Message of loving others - one's spouse, children and neighbors.

We remain to love ourselves only. Not even God. Not even Christ.

What do you make out of this?

Definitely, nothing - but the obvious and imperative need to change, to repent, to reform and to be better by being good.

For sure, at some point in your life, you have a promise. Did you make good with it?


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Count Your Blessings, But . . .

Fine. You can count your blessings. Be happy about them. Be thankful for them. Enjoy and benefit from them. But . . . can you count how many times you may have shared your blessings? Did you make a promise to get those blessings? Have you made good in fulfilling that promise? Granting that you got what you want, is it being put to good use? Or are they being kept selfishly with so much indifference to the plight of those who may also be in need of what you have - in excess.

Not all blessings are material or tangible in nature. It may be - good health, renewed relationship, being safe, or simply, being at the right time and at the right place. Of course, you must offer a prayer of thanks for having been blessed with good things that come to you. But . . . have you changed your ways, attitude, character, or lifestyle? So that you would not find any need to ask for good health since you are leading a clean and healthy lifestyle; that you may always have good relations with your spouse, family, peers and people around you; that you would not in any way put yourself at risk, or oh yes, certainly, absolutely, and as a matter of course, that you would not be at the wrong time and at the wrong place?

So the bottomline is this ... "as you count your blessings, your good deeds must be more than what you are and what you have."

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Be Vigilant, Evil Lurks Constantly

Do not be deceived by what you see or by what you hear. Look at every nook and corner of what is inside. Discern for the inner motive and mentally ask yourself questions even if they can be a bit embarrassing or will elicit painful answers. You have every right to receive correct and timely information. You have the duty to ascertain what is true and expose those which are not. Remember, there is no point in concealing the truth, and much more, there is nothing that will justify the covering up of lies. In other words, you have to be vigilant every moment of your living existence, for you will never know what lies ahead until you have mastered and embraced the gift of faith through unceasing prayer. Remember, evil seeks to conquer, to control and get things which do not belong to it in the first place. Do not allow these things to happen lest they control your life and create chaos you have never imagined. Again, pray, pray and pray, as if this very moment would be your last.


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How Do We React vs What We Do

We heard the President in his SONA. We went on to hear some more, but this time, from commentators, broadcasters and ourselves talking to someone or vice versa. And then what? We affirmed, we confirmed, we denied, we condemned, we praised, we lamented, and we sympathized...and of course, we invented scenarios, and we hypothesized. We made assumptions and presumptions. we made ourselves talk and think as if we have the crystal ball in front of us. Well, those were easy reactions. Convenient. But have we tried a "mirror, mirror, in the wall" reality self-check? Do we really care? 

Respect for Privacy : It's History Now

We are in a very different world now. Yes, there is no doubt about it. Nobody can really argue that we as human beings can no longer enjoy some form or degree of privacy, even if it will merely consist of a simple smile or laughter. The saying goes, "someone is watching" or "I know what you did yesterday", etcetera.

Sounds a bit exaggerated. I don't think so.

At least, this is already true for those who are reading this at this very moment. Why? Well, because you are hooked up with the World Wide Web, the Internet. This is the very culprit or at least technology, if I may so, that is responsible for a lot of things happening around all of us, such as but not limited to the following:

1 - when you open your mobile phone, whether for a voice call or text messaging, or for web browsing, you are actually registering your whereabouts, and the location of the other party you are communicating with;

2 - it is possible that when you talk to someone, or send a text to somebody, you are allowing a third party to monitor your conversation or text message exchanges; of course, this is denied by third party concerned, and for which reason, I stated upfront, "it is possible";

3 - when you open your desktop, laptop or tablet, the same situation applies where somebody, somewhere, and somehow, a third party is able to intrude and explore the inner core of your computer, hacked it, infect it with virus, or simply rob you out with data and information, or intellectual property; very recently, we learned of news that emails are intercepted in the interest of national security;

4 - let us go to the animal kingdom, our world - embattled and dumped with too much technology, when you shop till you drop, when you fill up your tank, when you enroll your child, when you pay up your bills, when you order, when you withdraw money from the ATM, or in sum, when you use your cards or numbers - credit card, debit card, loyalty card, shopping card, gas card, social security number, tax identification number, government health number, professional identification number, etc. - or in any cashless transactions - all these will show who you are, what you are made of, your preferences, status, residence, age, address, gender, names of family members, books you read, food you eat, clothes you wear, songs you hear, movies watched, and medicines you take as well as places you go to;

5. Ah, and now the already becoming ubiquitous CCTV camera has made surveillance of people simpler, and quite annoying for many. On the road, in malls, business establishments, villages and even houses - we are being watched, from one place to the other, city to the other, country and to the next.

The list is endless. But is there an end to all these? Is there a way to stop it?

Not anymore. In the name of safety, security, anti-terrorism and anti-crime, not even the power of legislation or adjudication could stop them. We have been made to believe and in fact, experience the need for those.

Privacy is a thing of the past. We allowed it to happen.


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Location:Quezon City,Philippines

LOYALTY PLEDGE

GET OUT OR GET IN LINE

by Elbert Hubbard

xxx

If you work for a man, in heaven's name work

for him!

If he pays you wages that supply you your bread

and butter, work for him speak well of him,

think well of him, stand by him and stand by the

institution he represents.

I think if I worked for a man I would work for

him. I would not work for him a part of the time,

and the rest of the time work against him. I

would give an undivided service or none. If put

to the pinch, an ounce of loyalty is worth a pound

of cleverness.

If you must vilify, condemn and

eternally disparage, why, resign your position,

and when you are outside, damn to your heart's

content. But, I pray you, so long as you are a

part of an institution, do not condemn it. Not that

you will injure the institution not that but

when you disparage the concern of which you

are a part, you disparage yourself.

xxx

Source : University of California (California Digital Library)

AUTOMATED ELECTION SYSTEM : ARE WE MORE DEMOCRATIC ?

In any democracy, what matters the most is that the true will of the people is expressed and upheld, in a free, peaceful, orderly and honest manner. That is the very essence of elections, where we are able to choose the leaders who will occupy public positions of trust and responsibility, in order to serve us. We expect of our leaders to be true to their oath as public servants, to be loyal to the Republic and to the Flag, to be good and honest in their dealings and discharge of their functions, to be of genuine service to the people, and more than anything else, to be God-fearing and God-centered.

Thus, through elections, we are called upon to decide as to who will best serve and represent our sentiments and aspirations, and in our best judgment, who may be willing to be sincerely accountable to us as a body electorate. This is democracy.

If and when that right to choose is violated through cheating, and replacing the true will of the people with fraud, then the trust of the people on the system erodes miserably. The question is then raised whether those who have been proclaimed are the true winners to be the true representatives of the people.

Without the full assurance, yes, full and absolute guarantee that the system is flawless and 100% reliable, then the moral authority as well as legal privilege of the supposed winner becomes doubtful. This is not democracy.

For now, we can only rely on the assurance of "tuwid na daan" governance. With that, we must move on but continue to perfect the system and remove all the imperfections.

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Post Election Assessment

People, are we still important now? Do you think, you are significant now than before the elections? Is there a difference between then and now? Trabaho. Negosyo. Ano pa?

Philippine politics is an event for all seasons. It should be. Otherwise, only the whims and caprices of the few will be served, and not really the sentiments and aspirations of the people, which should be primarily addressed.

Assessment? Well, back to problems and more problems. Those who were elected may just have to buckle down to work at this early even if their official term starts not until July 1. Some will be resolving issues and concerns, others will be the problems themselves.

People, be vigilant and proactive. Do not be complacent and well, ah, mediocre. We should know who the servants are. We should know who the users are. Simply stated, know the difference.



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Location:Commonwealth Avenue,Quezon City,Philippines

A VISION FOR CLEAN, HONEST AND AFFORDABLE ELECTIONS

A credible election body is an integral part of any democratic system. Without such qualification, meaning, credibility, the republican institutions will not gain the absolute trust of the people. There will constantly be doubts not only on the efficiency of the government, but also on the sincerity and integrity of those in public service to care for the people. Consequently, mistrust, misconception and corruption would continuously plague society since the common perception is that the misconcepted government does not really represent the people's heart, and automatically, their welfare. Instead, it promotes the interest of the few and the powerful. Even worse, a mistrusted or corrupted system would thus precipitate misconcepted, mistrusted and corrupted results at the expense of the people, as well as the government.

At the end of the day however what matters is the cyclic circuitous partnership of the people in general and public servants in a necessity called right and reliable nation building.

The Philippines has already devoted years of sacrifices and hard work spending millions of pesos in order to upgrade the quality of elections in the country. We have gone into automation, and biometric documentation of registered voters. The rules of procedure in election cases and related matters have been revised, amended and continuously improved if only to be responsive to practically every specific situations or elections. Even the Supreme Court has promulgated landmark cases which are now considered jurisprudence. Special measures have been passed by Congress to give more teeth to election related penal laws. Resolutions have been formulated and approved by the Comelec to govern the conduct of elections, and practically to instill discipline among the electorate and the candidates as well as political parties.

Every Filipino who voted is marked with an indelible ink in their fingernail. What if in the mind and the heart of every Filipino, the desire for a real and credible election has been indelibly inked with the unfaltering commitment to true and right national building? Perhaps, just may be, the once "impossible Dream" of a right and reliable elections will finally be a catalytic reality for the benefit of all the people and their credible government.

In other words, after everything has been said and done, why is it that we are still encountering the same problems of, among others, vote-buying, election overspending, "flying voters", election related violence and terrorism? Why is it that despite the stringent safeguards installed to have clean and honest elections, a lot of cases are resolved with findings of election fraud? Why is it that it takes time for the Commission on Elections to resolve cases particularly but not limited to those involving barangay contests? Why is it that simple and basic guidelines governing election materials and propaganda are not being followed? Why is it that notwithstanding thousands of election law violations, only a handful have been charged in courts?

When will these all end?

It may not. After all, politics have been ingrained in the imagination, dreams, and everyday lives of our fellow Filipinos.

Wrong. There is light at the end of the tunnel if and when the people are guided through proper election values and ethics. The administration of His Excellency, President Benigno S. Aquino III is leading our nation towards this direction, in general, when he heeded the cry of the people for change and consequently entered into a social contract with them for transformational change and leadership.[1]

Therefore, following the lead, the COMELEC is obviously faced with such enormous tasks of :

(1) completely cleansing the voters' list;

(2) simplifying procedures and processes to reduce costs and expenses on the part of the voters, candidates, or election litigants thereby making elections and subsequent contests within the reach of everyone;

(3) recommending immediate and long term reforms in the electoral system;

(4) expeditiously disposing election cases in a manner that decisions should not only be a determination of the true will of the people, but must also be timely, to make such true will as expressive of good governance;

(5) improving or enhancing the automotive election system to make it viable even for barangay elections and recall elections;

(6) attending to its administrative concerns involving COMELEC employees' welfare and benefits as well as improving working conditions and offices all over the country;

(7) studying and implementing further means to establish a cost-effective conduct of elections here and abroad;

(8) instituting better access to facilities that will enable persons with disabilities, senior citizens and women with special concerns (primarily, pregnancy) to exercise their rights to suffrage with ease or convenience;

(9) reviewing current election laws and the codification of all resolutions to be applied universally in any elections thereby minimizing the issuance and promulgation thereof, in toto, every now and then, even if only certain provisions have been changed or modified; and

(10)increasing the benefits of and protection to public school teachers and other COMELEC designated poll workers.

Some of the concrete reforms may be as follows:

a) Accreditation of poll watchers shall be done upon completion of a prescribed training conducted by the COMELEC. A certification made by the poll watchers on the minutes shall bind the candidates represented. This will eliminate frivolous election contests at the first level.

b) Initiatory and responsive pleadings in election contests shall be in a prescribed form and the specified allegations must be supported by judicial affidavits and documentary exhibits. Failure to comply with this requirement shall be a ground for automatic dismissal without any right for reconsideration or appeal.

c) Barangay election contests may be elevated only on certiorari and in the same case injunctive relief's may be prayed for. This will reduce the cost of litigation and may even expeditiously dispose barangay cases.

d) All proceedings shall be considered as summary in nature unless the COMELEC declares otherwise on certain specific grounds such as technical examinations and those related to matters which may attach certain criminal liabilities.

e) The use of voter's identification cards shall be compulsory in nature. The tampering or illegal use thereof shall be a penal offense. It may serve as a senior citizen card, among others.

f) Appointment of COMELEC Marshalls to be considered as persons in authority who shall be highly trained in the enforcement of election laws.

g) Registration of printing press with the COMELEC or its field offices prior to acceptance of printing works from candidates or persons.

h) Designation of permanent poster areas with official identifying markers to be installed by the COMELEC.

i) Registration of media companies (newspaper, television, radio etc.) with the COMELEC or its field offices prior to acceptance of campaign materials or advertisements; and

j) Enactment of laws which will increase the penalties for certain election offenses and expanding the definition of electoral sabotage.

There is no reason to be overwhelmed by the fact that there is so much work yet to be done. What is important is that they can be done, and work must either be continued or start now, without let up, and with the vision for genuine change in mind.

May God help us and . . . "that in all things, God may be glorified."

© caloy caliwara 2013

---

[1] http://www.gov.ph/about/gov/exec/bsaiii/platform-of-government/ as posted by way of a link at quezonianconscience.blogspot.com

RIGHTS AND DUTIES OF HOMEOWNER'S ASSOCIATION MEMBER

As provided under Republic Act No. 9904 otherwise known as "AN ACT PROVIDING FOR A MAGNA CARTA FOR HOMEOWNERS AND HOMEOWNERS' ASSOCIATIONS, AND FOR OTHER PURPOSES", the rights and duties of a member are as follows:

 

"x x x

 

Section 7. Rights of a Member. - An association member has full rights:

 

(a) to avail of and enjoy all basic community services and the use of common areas and facilities;

(b) to inspect association books and records during office hours and to be provided upon request with annual reports, including financial statements;

(c) to participate, vote and be eligible for any elective or appointive office of the association subject to the qualifications as provided for in the bylaws;

(d) to demand and promptly receive deposits required by the association as soon as the condition for the deposit has been complied with or the period has expired;

(e) to participate in association meetings, elections and referenda, as long as his/her bona fide membership subsists; and

(f) to enjoy all other rights as may be provided for in the association bylaws.

 

Section 8. Duties of a Member. - A member shall have the following duties:

 

(a) to pay membership fees, dues and special assessments;

(b) to attend meetings of the association; and

(c) to support and participate In projects and activities of the association.

 x x x"

Presumption Of Fraud When Property Is Alienated By Debtor

The ruling in MR Holdings, Ltd. v. Sheriff Bajar is pertinent and instructive:

Article 1387 of the Civil Code of the Philippines provides:

 

"Art. 1387. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation.

 

Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been rendered in any instance or some writ of attachment has been issued. The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking rescission

 

In addition to these presumptions, the design to defraud creditors may be proved in any other manner recognized by law and of evidence."

 

This article presumes the existence of fraud made by a debtor.  Thus, in the absence of satisfactory evidence to the contrary, an alienation of a property will be held fraudulent if it is made after a judgment has been rendered against the debtor making the alienation.This presumption of fraud is not conclusive and may be rebutted by satisfactory and convincing evidence.  All that is necessary is to establish affirmatively that the conveyance is made in good faith and for a sufficient and valuable consideration.

Source : http://sc.judiciary.gov.ph/jurisprudence/2009/october2009/160236.htm

Deed of Sale Valid Between Parties Even If Not Notarized

THE ESTATE OF PEDRO C. GONZALES and HEIRS OF PEDRO C. GONZALES, Petitioners, vs. THE HEIRS OF MARCOS PEREZ,  Respondents (THIRD DIVISION, G.R. No. 169681, November 5, 2009, has provided that:

"On the question of whether the subject Deed of Sale is invalid on the ground that it does not appear in a public document, Article 1358 of the same Code enumerates the acts and contracts that should be embodied in a public document, to wit:

            Art. 1358. The following must appear in a public document:

(1)      Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by Articles 1403, No. 2 and 1405;

(2)   The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;

(3)   The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; and

(4)  The cession of actions or rights proceeding from an act appearing in a public document.

            All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by Articles 1403, No. 2 and 1405.

          On the other hand, pertinent portions of Article 1403 of the Civil Code provide as follows:

            Art. 1403. The following contracts are unenforceable, unless they are ratified:

x x x x

            (2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents:

(a)       An agreement that by its terms is not to be performed within a year from the making thereof;

            x x x x

(e)   An agreement for the leasing for a longer period than one year,    or for the sale of real property or of an interest therein;  x x x x

          Under Article 1403(2), the sale of real property should be in writing and subscribed by the party charged for it to be enforceable. In the case before the Court, the Deed of Sale between Pedro and Marcos is in writing and subscribed by Pedro and his wife Francisca; hence, it is enforceable under the Statute of Frauds.

          However, not having been subscribed and sworn to before a notary public, the Deed of Sale is not a public document  and, therefore, does not comply with Article 1358 of the Civil Code.

          Nonetheless, it is a settled rule that the failure to observe the proper form prescribed by Article 1358 does not render the acts or contracts enumerated therein invalid. It has been uniformly held that the form required under the said Article is not essential to the validity or enforceability of the transaction, but merely for convenience. The Court agrees with the CA in holding that a sale of real property, though not consigned in a public instrument or formal writing, is, nevertheless, valid and binding among the parties, for the time-honored rule is that even a verbal contract of sale of real estate produces legal effects between the parties. Stated differently, although a conveyance of land is not made in a public document, it does not affect the validity of such conveyance. Article 1358 does not require the accomplishment of the acts or contracts in a public instrument in order to validate the act or contract but only to insure its efficacy."

"my intention was not to sell!"

A property owner was made to sign a deed of sale but the intention was actually a loan with the property as security. Can he recover his property? The answer is, yes. Because it may be considered as an equitable mortgage.

As held by the Supreme Court "an equitable mortgage is defined as one which although lacking in some formality, or form or words, or other requisites demanded by a statute, nevertheless reveals the intention of the parties to charge real property as security for a debt, and contains nothing impossible or contrary to law. Its essential requisites are:

1.  That the parties entered into a contract denominated as a contract of sale; and

2.  That their intention was to secure an existing debt by way of a mortgage.

Articles 1602, 1603 and 1604 of the New Civil Code were designed to prevent circumvention of the laws and the prohibition against the creditor appropriating the mortgaged property.  Courts have taken judicial notice of the well-known fact that contracts of sale with right of repurchase have been frequently used to conceal the true nature of a contract, that is a loan secured by a mortgage. The wisdom of the provisions cannot be ignored nor doubted considering that in many cases unlettered persons or even those of average intelligence invariably find themselves in no position whatsoever to bargain with the creditor. Besides, it is a fact that in times of grave financial distress which render persons hard-pressed to meet even their basic needs or answer an emergency, such persons would have no choice but to sign a deed of absolute sale of property or a sale thereof with pacto de retro if only to obtain a much-needed loan from unscrupulous money lenders.

Under the wise, just and equitable presumption in Article 1602, a document which appears on its face to be a sale - absolute or with pacto de retro - may be proven by the vendor or vendor-a-retro to be one of a loan with mortgage.  In this case, parol evidence becomes competent and admissible to prove that the instrument was in truth and in fact given merely as a security for the payment of a loan.  And upon proof of the truth of such allegations, the court will enforce the agreement or understanding in consonance with the true intent of the parties at the time of the execution of the contract. Sales with a right to repurchase are not favored.  As before, instruments shall not be construed to be sales with a right to repurchase, with the stringent and onerous effects which follow, unless the terms of the document and the surrounding circumstances so require.  Whenever, under the terms of the writing, any other construction can be fairly and reasonably inferred, such construction will be adopted and the contract construed as a mere loan unless the court sees that, if enforced according to its terms, it is not an unconscionable pact."

Source : http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/115033.htm