Tuesday, January 29, 2013

Karapatan at Kalapastanganan : Hindi Magkaugnay

Ang kalayaan ay mistulang kasangkapan ng kawalanghiyaan kung ito ay gagamitin sa kalapastanganan at kabastusan. Lalo't higit kung ito ay nakakapanakit ng kalooban at paniniwala sa Dakilang Lumikha. Ang bawat tao ay mayroong karapatan na lmahok at makibahagi sa mga pagtitipon ng mga nananampalataya at sumasamba. Ngunit walang tao ang mayroon karapatan na siya ay maghariharian at gambalain ang ano mang pagtitipon na mayroong kaugnayan sa pananampalataya. Ang kalayaan na magpahayag ng saloobin ay nararapat ilagay sa tamang lugar, sa tamang oras at sa tamang pamamaraan. Ang ganitong kalapastanganan ay mayroong karampatang kaparusahan sa ilalim ng batas.

Sunday, January 27, 2013

Social Media In Politics

Whether poor or rich, everyone has free access to Facebook and Twitter. Yes, let us confine our discussion to these two most popular social media tools ever invented on the face of the earth. Through these media, people are able to release, even for a while, themselves from their stresses, or express themselves in line with their exercise of their constitutional right to freedom of expression. Of course, they could also be sources of depression if they chose to envy their show-off friends. This is our world today. Never in the history of mankind since Adam and Eve were exiled, that man has been given so much freedom or space to have access to so much information, manipulate or customize his exposure to the web, or be at a liberty to post practically anything without anyone preventing him to do so.

In politics, social media is definitely a very useful and effective tool in influencing the thoughts of people. It could be a potent propaganda and vote-getting tool. Politicians can express themselves com make known what they stand for. They can easily and quickly respond to comments and inquiries.

There are discussions about airtime or internet time and browsing expenses on the part of politicians concerned. There are now debates about campaigning over the internet and disqualifying those who will be found guilty.

The definition of campaigning is clear. The moment one seeks the vote of any person, that is campaigning. In the same manner, any person campaigning against a candidate is also considered as a partisan activity. Can a politician who has a personal account with these social media, and in effect have friends and tweetmates, with whom he has been in touch through Facebook or Twitter be deemed as campaigning?

The answer should be, generally, no. An expression of opinion, the posting of non-partisan photos, and other similar acts must not be deemed campaigning. Those which are incidental to having a social media account particularly prior to the election period should be given the benefit of the doubt.

This is actually an area in election law which must be defined clearly and cannot be the subject of any speculation or guessing game. A social media account created outside the Philippines cannot be said to be an election offense committed within the Philippine territory. Everyone is also aware that one can just register even if that person is another individual but merely used the name of the candidate. What about those who merely "liked" the posting, will they be held liable for an election offense?
What is important is to provide some specific guidelines on the use of social media and at this early, this area should merit the attention of those concerned for purposes of coming out with proposed legislation.

For now, let social media be an excellent tool of free expression. Let the people decide the political worthiness of candidates.

Friday, January 25, 2013

Statesmanship : Quintessential Politician

Senators are powerful and influential. A senator is rich or has rich supporters. A senator has followers nationwide and each has an organizational and propaganda machinery to take care of image enhancement or damage control. Senators are popular and has so much clout in and out of the government and the society as well. From their ranks, the President is usually, although not always of course, chosen and elected.

The question why is this so?

Basically, they have a good and appealing track record. They have served the people well and our country with dedication and sincerity. They have shown exemplary performance and accomplishments in their chosen fields, calling or as congressmen before becoming senators.

They are a select few who were at the right time, at the right place and with the right people, and involvement in the right events, mostly milestones in the life of our nation.

Senators are looked upon as respectable and honored national figures. Through their experience, vision and quality leadership, they are regarded and actually expected to be statesmen - politicians who are known and respected due to their beliefs, wisdom or convictions, values they stand for, character they exude, and commitment to public service.

Simply stated, senators are elected to do their job of making laws that should benefit several generations.

Being exemplars, they are emulated.

Everything which has been presented here must also apply to others, from barangay officials to the President of the Philippines. They must not be mere politicians, but strive to be quintessential politicians. The kind of public servants that we all want and are needed in our country today and onwards.

Tuesday, January 22, 2013

Negotiation : Basics

Among the pitfalls of a failed negotiation is going to the negotiating table with nothing. Not being prepared with anything, or just a few, would make one vulnerable to attacks by the other party.

If you were in the shoes of that one, you wouldn't want a situation where you will succumbed to all the terms of the other party and give up with what you have for less than what you rightfully deserve in the first place.

In this situation, whether the negotiation pushes through or not, it it still is a failure.

Negotiation must give you something that equalizes your position with the other party, where both of you must still gain from the transaction while giving up those which you or the other can live without.

The seller, he gets paid with such amount that will enable him to move on with his greener pasture plans. For the buyer, he gets the property that he wants that he feels will give him more than what he said for it.

In real estate transactions, both the seller and buyers must have in their possession the following:

1) certificate of title over the property

2) tax declaration

3) zonal valuation

4) realty tax payments or clearance

5) location map or approved survey

6) certified appraisal

7) plan of sale outlining your options, desired terms and conditions

8) background of the other party

Yes, very basic indeed. They will provide you with data or facts to enable you to make an informed decision. Further, they will serve as important tools in the negotiation.

Sunday, January 20, 2013

Focus on Fine Prints, Not the Small Items

More often that not we tend to have a keen eye on what is free and given away rather than on what we must concern ourselves with before anything else. We are happy with a free umbrella while we allow our credit cards to be photocopied. We are lured into giving our personal information in exchange for a raffle ticket. Yet we do not really bother to look first into the fine prints in a contract or that data slip which were asked to be signed by us. We were more attracted with the small items which have been brandished by sweet-talking and hip-swaying salesmen.

In real estate transaction, do not make any mistake of just signing any deed or contract due to reasons other that the very objective of buying or selling a property that meets your specifications or gives you a satisfactory returns.

Make sure you know your rights and your obligations in such a deal. Make sure you will not regret what you did. Make sure you will be happy with what you are having.

Catching A Liar

A liar is a dishonest person. He talks to a point that his lies are taken as the truth. His intention is to make you believe his lies. His objective is to get what he wants. Whatever it may be.

In real estate transactions, lying comes in many forms and kinds as well as degrees. You are promised a mansion when the truth is its a shanty. You are offered a bargain but the truth is its cunning money making scheme. You are shown with seemingly authentic documents although they are actually fakes and together.

Caveat emptor. Buyers beware.

Sellers should beware too.

So. How do you catch a person when he lies? When he cheats? When he is a swindler?

Positively, how do you get a good bargain and close an honest deal?

When a person brings out all the documents you require and ask for, and he talks to you about the numbers and details of the transaction, and you can sense an atmosphere of objectivity and common sense, then that person must be telling the truth. Otherwise, he is lying.

In the end, what matters is you are able to validate and verify the information you receive and the documents that you get.

Monday, January 14, 2013

When Buying A House : Ten Points To Remember

Due diligence in a very simple manner of speaking, would mean, common sense. But when buying A house, one should be very careful in making a decision, and a person must consult experts and those who are knowledgeable what a perfect house really is. Here are some tips:

1. Right Price. Before one goes any further, it is important to know if the offering price is within your budget. If it is, then you have what you can call as bargaining power. Thus, when you haggle or negotiate for a lower price, and you are given the price you want, then at least you would have the satisfaction of having the advantage at the very start of the process.

2. Right Location. More or less, the first question asked is the price when offered a house in a desired location. Usually the offer is general in nature and the details are not yet given. The moment one is attracted with the reasonableness of the price, the next consideration is the right location. Logically, location should mean proximity to the workplace, hospital, school, supermarket, mall, gasoline station, mini grocery, pet shop, clinic, bank, police station, barangay hall, means of transportation, along a major road network, etcetera. But specifically, the house should be in a peaceful, quiet, progressive and prestine community. Close to nature or greener pastures. By the way, it should be flood-free and not within or near an earthquake fault, or any potential environmental disaster such as sink hole, landslide, flash flood, active volcano, or man made risks such as industrial pollution, irresponsible mining, poor planning and corruption.

3. Right House. Do not buy a house which you will later on regret owning. Do not be pressured into buying a house to keep up with the Joneses. Your house must suit your requirements or needs. Check on the materials and paints used, the roof and ceiling, termite and rodent infestation, water source and system, electrical system and connection, firewall and fire escape system, telephone lines, drainage system,

4. Clean Title. Every title over the property has a history. A clean title means that there is no lien or encumbrance, and does not have the markings of any potential litigation. While a buyer in good faith can only rely on what is seen on the face of the title, still it would be prudent to check on the records found at the Register of Deeds, Assessor's Office and the Treasurer's Office. Make sure that ownership over the property can actually be transferred from the old owner to the new one, without any problem.

5. Homeowners or Neighborhood. You would want to live in a friendly neighborhood and not in a community that you will later find yourself complaining in the barangay or entangled in a litigation. Check on the history of a neighborhood. You can inquire with the barangay or from people you know and familiar with the place. By looking at the surroundings, you will initially have an impression of what you are going into. Do not forget the amount of homeowners dues, fees, rates and other charges, monthly and annual. You should also look into the status of the homeowners association, open spaces, potential litigation, and village politics.

6. Site Integrity. It is important that the land over which the house has been built or shall be constructed must not have been consecrated for use as a cemetery or was formerly one before, or it must be free from any dark or grim past. Superstition is not the issue here but respect for what it is intended for, such as a hallowed ground. On another point, it is more peaceful to live in a land which is not haunted by its past such as when it became a dumping site for salvage victims or fetuses extracted as a result of abortions. However, if one is not particular about these things, then go ahead and be a courageous homeowner.

7. Expansion Plans and Restrictions. The adrenalin rush into buying a house has the danger of disabling a person in making an informed decision. Among the points often taken for granted are those pertaining to legal documents and documentation. The fine and unwritten lines are not looked into seriously. There may be restrictions imposed in building improvements on the house such as another floor or extending a garage. One may not dispose of the property for a certain number of years or it can only be sold to a specific person or entity. In other words, if you have plans of doing some kind of alterations, improvements or changes on the property, you have to ensure that they will be allowed.

8. Contingency and Buffer Funds. Buying a house is like buying your own apparel or personal belongings. You would normally have a personal attachment to your clothes, shoes, among others. You need cash to keep them clean, and useable. They need to be laundered, shined, and stored properly against pests. The same is true with houses. You will need cash for minor repairs and maintenance from time to time, and for pest control particularly against rodents and termites. Without any reserved funds for these and other contingencies is certainly a concern. You just do not know what may happen later on.

9. Legal Documentation. The representative of a vendor may not be appropriately equipped with the corresponding authorization. The property may be part of the estate of a deceased person and there may be a need for an extrajudicial settlement signed by all the heirs. Make sure that representatives have their special power of attorney. Find out if there are no lis pendens or other restrictions, liens or encumbrances annotated on the title. If there is any and for one reason or the other, such lien or encumbrance is no longer existing, have it cancelled and removed. It is important that all legal documents will eventually be in your possession and each must have been checked and validated.

10. Overall Property Potential. Overlooked by most homeowners is the need to regularly assess the potential of the property in terms of its current market value and future uses, from residential to commercial or to an upscale residential area. If you are in a subdivision, be particular with the protection or uses given to open spaces against encroachment or idleness, existence and maintenance of clubhouse, sports court, playgrounds and other facilities. All these amenities will contribute to the value of the house and lot.

Wednesday, January 9, 2013

Viva Hesus Nazareno !

Our Lord Jesus Christ is continuously being praised, honored, adored and glorified today on the occasion of the Feast of the Black Nazarene.

Millions and millions of devotees have flocked to Manila, participated in the celebration of the Holy Mass and courageously joined the procession to Quiapo Church.

One would wonder and ask - what is it in this devotion that makes people brave the ocean of human beings, all trying and hoping to be blessed, while others are participating in thanksgiving for prayers answered.

Millions can never be wrong when it comes to faith and prayers.

Viva Hesus Nazareno!

Tuesday, January 8, 2013

Shelter : A Basic Need. An Inherent Right.

As argued, no man can be a squatter in his own land. This is absolutely a valid argument, but it's not happening as a fact. The truth remains that many families are languishing in substandard or impoverished conditions, do not enjoy the security of having their own houses, being driven away from the property where their elders have settled which only time can remember, or whose lands have been grabbed from them.

It is not even surprising to know that those who have work or small businesses are also dreaming of owning houses or at the least, dwelling units, which could be an apartment, a townhouse or a condominium.

The spaces have become scarce in the metropolis, or if there be any, they are not affordable. Further, even if there be any and which are affordable, there are nonetheless not enough for all. Development cannot just be pursued indiscriminately without taking into account the need to preserve areas for agricultural spaces for crops and livestocks. The highlands have already been denuded and abused, and the adverse effects created havoc to wide areas. The destruction caused in areas like Infanta and Real, Ormoc, Cagayan de Oro, and New Bataan, among others, will never be forgotten.

The result - more housing backlog. This is a serious concern because the country is confronted with an increasing demand for shelter and not having enough would mean a homeless segment of the society will also increase. Social problems will naturally increase and that would require an increase in government spending for these concerns.

What must be done?

In the beginning, man was given dominion over the earth, it was inherent therefore that as a human being, he has the right to live. Such right is to be respected and supported by each other. No man is an island. Each one has a moral obligation to care for others. This could be done by paying taxes so that government will have more to spend for infrastructures and shelters, join and actively participate in projects pursued by Gawad Kalinga or Habitat for Humanity, among others, lobby for more housing projects, help in the eradication of corruption, and support such other programs that would alleviate the conditions of others particularly the homeless.

On the part of property owners and developers, while this country may be a free economy thriving in a free enterprise where every person has the right to be successful and get rich, it does not give anyone the license to be greedy. It is important to be mindful and be immersed in carrying out one's social responsibility. The bottomline is that it's definitely acceptable for the price to be right but it must also be reasonable and not restrictive.

And of course, on the part of the government, policies and rules must further be eased up, equalized and rationalized. The immediate creation of a primary-line agency such as a Department of Housing should be supported. Realistic and responsive programs must be initiated and implemented.

Zero-corruption and Zero-backlog should be an individual advocacy and a collective commitment.

Three years ago, it has been said that the country has 1.7 million housing backlog. Now it's 3 million.

Do not blame the government. It is presumed to be doing it's job. The constant and uncontrollable exodus of people to the metropolis in search for greener pastures, and an ever increasing population as a result of the increasing number of families have largely distributed to this backlog.

It is time then to really and genuinely move and act. Write letters to your political leaders, initiate movements and projects, effect change in our society but let that change begin in you, in each one of us. Be fair, be honest and do not succumb to corruption.

So be it.

Monday, January 7, 2013

Ban Firecrackers !!!

Now that the excitement has fizzled down, I just thought that firecracker explosions will have likewise ceased. I was wrong. Just now, somebody in our neighborhood seems to have some hang ups and could not get over with the new year's revelry. Quite annoying with all the casualties reported and the fact that firecrackers have obviously become bolder and definitely obnoxious.

There is really nothing wrong with the right to celebrate an occasion. Whether it is based on any belief, tradition or trend, it really doesn't matter. However, when in the course of the celebration, there are means employed to make it harmful and worst, deadly, then we can no longer consider it as complementary to make a celebration fun and joyful.

Generally, a law is a product of common sense. It is basic that a person or a thing must not hurt or injure anyone otherwise the act or the thing should be prohibited.

A gun could be controlled. It is the person who would sometimes go out of control. Hence, issuance of a license must be stricter and psychiatric tests must be thorough. So even if a gun is dangerous, its use against lawless elements has merits.

On the other hand, no matter how firecrackers are regulated, a piece or two would still fall in the hands of children who are vulnerable to these things. And even if it is in the hands of adults, the manner of setting it up and lighting it up are beyond the control of manufacturers and the authorities. Even more worrisome is when it goes up or down or goes berserk, then, no man or nature has control over it. Take cover for you may become the victim he moment it explodes. I have yet to hear a case filed or won against a manufacturer due to a defective or dangerous firecracker sold by it.

Since it is practically impossible to regulate or control the handling and use of firecrackers by individuals, then it must be banned. These things have adverse environmental and health effects which must be seriously considered. The rampant burning of tires, and messing up of the surroundings remain unabated.

More importantly, the limbs and lives lost cannot be taken for granted. Indiscriminate firing of guns will continue to be a menace as long as there are firecracker explosions and noises that will serve as its cover.

Strike at the root of the problem. Do not look at the leaves that fall. You will not resolve anything from nothing.

Wednesday, January 2, 2013

Tuesday, January 1, 2013

Veni Creator

Come, Holy Spirit, Creator blest,
And in our souls take up your rest;
Come with your grace and heavenly aid
To fill the hearts which you have made.

O Comforter, to you we cry,
O heavenly gift of God Most High,
O fount of life and fire of love,
And sweet anointing from above.

You in your sevenfold gifts are known;
You, finger of God's hand we own;
You, promise of the Father, you
Who do the tongue with power imbue.

Kindle our senses from above,
And make our hearts o'erflow with love;
With patience firm and virtue high
The weakness of our flesh supply.

Far from us drive the foe we dread,
And grant us your peace instead;
So shall we not, with you for guide,
Turn from the path of life aside.

Oh, may your grace on us bestow
The Father and the Son to know;
And you, through endless times confessed,
Of both the eternal Spirit blest.

Now to the Father and the Son,
Who rose from death, be glory given,
With you, O holy Comforter,
Henceforth by all in earth and heaven. Amen.

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A partial indulgence is granted to the faithful, who devoutly recite the hymn Come, Holy Spirit, Creator blest.
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A plenary indulgence is granted, if the hymn is recited publicly on the 1st of January and on the feast of Pentecost.