Notarized Authority To Sell

In the case of LEONCIA MANUEL & MARINA S. MUDLONG, Petitioner - versus  - LEONOR SARMIENTO, Respondent (Third Division, G.R. No. 173857, March 21, 2012), among the main issues raised is : whether or not the notarized exclusive authority to sell granted to respondent is valid.

The Supreme Court held that the Court of Appeals was correct in stating thus:

"The trial court correctly found that the authority to sell executed by Marina in favor of Leonor was validly executed. First, Leonor's authority to sell was notarized. Thus, there is a presumption that it had been validly executed. A notarized document has in its favor the presumption of regularity, and can be contradicted only by clear and convincing evidence. Second, while insisting that the authority to sell form had been blank when she signed it, Marina does not deny the genuineness of her signature thereon. Third, the authority to sell presented by Leonor to Marina was a pre-printed form, with the title "Authority to Sell" clearly spelled out on top of the document.  Even if it were true that the details of the form were not yet inserted therein when Marina signed it, she knew, or should have known, from its title, that she had signed an authority to sell in favor of Leonor. Thus, her having signed it in blank was an implied authorization for Leonor to fill it up according to their agreement. In the absence of clear and convincing evidence that Marina and Leonor had an agreement different from that appearing in the signed authority to sell, it is presumed that the signed contract embodies their complete and true agreement. The presumption of regularity, the evidentiary weight conferred upon public documents with respect to its execution, as well as the statements and the authenticity of the signatures thereon, therefore, stand."

Ten Things A Candidate Must Do

1) Pray

2) Be Honest

3) Have a Plan of Action

4) Seek Advise

5) Avoid Sycophants

6) Be Humble

7) Sincerely Communicate

8) Be Transparent

9) Abide by law and fair play

10) Take Care

WHAT REALLY MATTERS IN A CAMPAIGN

In any campaign rally or any gathering of people, not everything that is said will be understood or retained in memory by an average listener. This is because a great majority of people have their respective perceptions and biases about each of the candidates. They do not expect an oratory of sort with motherhood statements. They are more interested in concrete plans that a candidate may have for them. How will they benefit if the candidate is voted upon and eventually wins? This is the bottomline. And to top it all, the people expect a candidate to be honest, hardworking and caring - meaning, approachable and selfless.

The first 3 minutes of any campaign speech is crucial. It must be interesting enough to invite the people's attention. Otherwise, the remaining allotted time will comprise 90% of the efforts. If this happens, then a candidate must better have a really good political machinery of his own in order to recover the lost opportunities and insure that votes are delivered and translated in his favor.

A candidate must communicate and a voter as the receiver must understand what is being said. Retention is another matter. A candidate must really be able to talk and express himself. A candidate must be creative and innovative. The essence of winning is enabling and empowering a person to vote wisely without undue influence or force.

COMELEC & ITS FUNCTIONS

The present Commission on Elections as organized and constituted is a creation of the 1987 Philippine Constitution. It is composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.[1]

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.[2]

The mandated functions[3] of the Commission are as follows:

1.     Enforce and administer all laws and regulations relative to the conduct of and elections, plebiscite, initiative, referendum, and recall.

2.     Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay official decided by trial courts of limited jurisdiction.

3.     Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

4.     Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purposes of ensuring free, orderly, honest, peaceful credible elections.

5.     Register, after sufficient publication, political parties, organizations, of coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens arms of the Commission on Elections.

6.     File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of elections laws, including acts or omissions constituting election frauds, offenses, and malpractices.

7.     Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.

8.     Recommed to the President the removal of any officer of employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.

9.     Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Further, the Commission is also vested with additional and vast powers as provided under the 1987 Philippine Constitution[4], as follows:

Sec. 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space ,and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.

Sec. 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.

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[1] Section 1 (1), Article IX-D, 1987 Philippine Constitution

[2] Ibid (1)

[3] Section 2, Article IX, 1987 Philippines Constitution

[4] Secs. 4 and 5, Article IX, 1987 Philippines Constitution

FOOD AND AGRICULTURE ORGANIZATION

Overview

The Food and Agriculture Organization of the United Nations (FAO) is working with its Members and the entire international community for achievement of the Millennium Development Goals.

These eight goals - each with specific targets and indicators - are based on the United Nations Millennium Declaration, signed by world leaders in September 2000. They commit the international community to combating poverty, hunger, disease, illiteracy, environmental degradation, and discrimination against women.

The eight Millennium Development Goals are:

Goal 1: Eradicate extreme poverty and hunger

Goal 2: Achieve universal primary education

Goal 3: Promote gender equality and empower women

Goal 4: Reduce child mortality

Goal 5: Improve maternal health

Goal 6: Combat HIV/AIDS, malaria and other diseases

Goal 7: Ensure environmental sustainability

Goal 8: Develop a Global Partnership for Development

Source :http://www.fao.org/mdg/en/