Thursday, March 31, 2005
THE BEST SOUNDTRACK IS FROM A CARTOON?
My review of "Music from the SpongeBob Squarepants Movie" at Amazon.com.
Since my daughter is both an Avril Lavigne and Sponge Bob fan, I decided to pick up this album when I realized I couldn't have Green Day's "American Idiot" with its explicit lyrics around the house.
Avril's cover of the SpongeBob theme is Grade A! Too bad it's too short, though, so I converted it to MP3 and using my MP3 editor made it loop back to "Who lives in a pineapple under the sea?" from the second "Sponge Bob Square Pants" after "Flop on the deck and flop like a fish" when I burned a copy for the car. My daughter loves the "remix". :-p
The only songs I couldn't stand listening to are Patrick's "Under My Rock" and the "Goofy Goober Rock", the latter being a sacrilegious cover of the Twisted Sister classic. Guess what? I put in "I Wanna Rock" in the CD I burned and it fits right in, coming just before Motorhead's "You Better Swim".
The truly kiddy stuff here is limited, Googy Goober Song, Best Day Ever, Now That We're Men and an opera style cover of the SpongeBob theme by the Pirates. And even those you can sing along to. Well, maybe not "Now That We're Men."
Overall, four stars. Make no mistake, this is the BEST soundtrack album to emerge in recent years. And maybe its not too late to remove "The Goofy Goober Rock" from the movie and replace whatever sequence it's in with animated sealife versions of Twisted Sister singing the original. ;-)
Since my daughter is both an Avril Lavigne and Sponge Bob fan, I decided to pick up this album when I realized I couldn't have Green Day's "American Idiot" with its explicit lyrics around the house.
Avril's cover of the SpongeBob theme is Grade A! Too bad it's too short, though, so I converted it to MP3 and using my MP3 editor made it loop back to "Who lives in a pineapple under the sea?" from the second "Sponge Bob Square Pants" after "Flop on the deck and flop like a fish" when I burned a copy for the car. My daughter loves the "remix". :-p
The only songs I couldn't stand listening to are Patrick's "Under My Rock" and the "Goofy Goober Rock", the latter being a sacrilegious cover of the Twisted Sister classic. Guess what? I put in "I Wanna Rock" in the CD I burned and it fits right in, coming just before Motorhead's "You Better Swim".
The truly kiddy stuff here is limited, Googy Goober Song, Best Day Ever, Now That We're Men and an opera style cover of the SpongeBob theme by the Pirates. And even those you can sing along to. Well, maybe not "Now That We're Men."
Overall, four stars. Make no mistake, this is the BEST soundtrack album to emerge in recent years. And maybe its not too late to remove "The Goofy Goober Rock" from the movie and replace whatever sequence it's in with animated sealife versions of Twisted Sister singing the original. ;-)
Wednesday, March 23, 2005
QUEEN CITY
Cebu City is referred to as the “Queen City” of the Philippines in honor of Queen Jumamay, protector and keeper of Cebu’s former patron, the Santo Niño de Cebu (image of the Child Jesus).
The wife of Cebu’s ruler when Ferdinand Magellan landed in Cebu, Rajah Humabon, she took the Spanish name “Juana” when baptized a Catholic by Father Pedro Valderama, chaplain of Magellan’s expedition.
Antonio Pigafetta, chronicler and “spin doctor” of Ferdinand Magellan, presented Queen Juana with the Image of the Santo Niño.
Well, we all know what happened to good ol’ Ferdie. Having taken sides with Rajah Humabon in gratitude for his hospitality, he launched the most unsuccessful attack on Lapu-Lapu, Humabon’s rival. Apparently, he failed to realize that Lapu-Lapu and his men were deep in training in the martial art of “arnis” precisely to fight Humabon.
So Spain sent another expedition to the Far East Region headed by an Agustinina priest, Andres Urdaneta. Fr. Andres arrived in Cebu on April 27, 1565.
Because of suspicions that the Spaniards had returned to exact vengeance upon the natives for the death of Magellan (the word “ally” must have been lost in the translation. Why on earth didn’t they just attack Lapu-Lapu together?), battles broke out and then Zzubu (it was never “Sugbo” until Tagalogs tried to make Tagalog the national language, notice how you cannot spell “Cebu”, “Zebu” or “Zzubu” using the Tagalog alphabet. Let’s get rid of “Sugbo” already) was reduced to rubble. Fr. Andres had obviously learned the bitter lessons of Magellan’s ill-fated expedition.
The image of the Child Jesus was later found under a pile of ashes unscathed. Other accounts have either Queen Juana protecting the statue after the village had fallen or the statue being restored to the Queen, who reigned for a while as the city's symbolic leader, for safekeeping.
The Santo Niño is credited by most Cebuanos with many miracles, and for keeping the island and province of Cebu safe from natural disasters and the dangers of the insurgency and terrorism in the Country.
Thus, it is only fitting that Cebuanos call their city the “Queen City”.
Compare that to the Ilonggos who, in typical fashion, seem to be suffering under the impression that the title “Queen City” belongs to the city that is “second best to Manila”.
Well, there’s no argument about which city that is, is there? ;-)
The wife of Cebu’s ruler when Ferdinand Magellan landed in Cebu, Rajah Humabon, she took the Spanish name “Juana” when baptized a Catholic by Father Pedro Valderama, chaplain of Magellan’s expedition.
Antonio Pigafetta, chronicler and “spin doctor” of Ferdinand Magellan, presented Queen Juana with the Image of the Santo Niño.
Well, we all know what happened to good ol’ Ferdie. Having taken sides with Rajah Humabon in gratitude for his hospitality, he launched the most unsuccessful attack on Lapu-Lapu, Humabon’s rival. Apparently, he failed to realize that Lapu-Lapu and his men were deep in training in the martial art of “arnis” precisely to fight Humabon.
So Spain sent another expedition to the Far East Region headed by an Agustinina priest, Andres Urdaneta. Fr. Andres arrived in Cebu on April 27, 1565.
Because of suspicions that the Spaniards had returned to exact vengeance upon the natives for the death of Magellan (the word “ally” must have been lost in the translation. Why on earth didn’t they just attack Lapu-Lapu together?), battles broke out and then Zzubu (it was never “Sugbo” until Tagalogs tried to make Tagalog the national language, notice how you cannot spell “Cebu”, “Zebu” or “Zzubu” using the Tagalog alphabet. Let’s get rid of “Sugbo” already) was reduced to rubble. Fr. Andres had obviously learned the bitter lessons of Magellan’s ill-fated expedition.
The image of the Child Jesus was later found under a pile of ashes unscathed. Other accounts have either Queen Juana protecting the statue after the village had fallen or the statue being restored to the Queen, who reigned for a while as the city's symbolic leader, for safekeeping.
The Santo Niño is credited by most Cebuanos with many miracles, and for keeping the island and province of Cebu safe from natural disasters and the dangers of the insurgency and terrorism in the Country.
Thus, it is only fitting that Cebuanos call their city the “Queen City”.
Compare that to the Ilonggos who, in typical fashion, seem to be suffering under the impression that the title “Queen City” belongs to the city that is “second best to Manila”.
Well, there’s no argument about which city that is, is there? ;-)
Saturday, March 19, 2005
GOT CAUSE?
One motion quickly gaining favour among lawyers after the 2000 Rules of Criminal Procedure came into effect is the “Motion for Determination of Probable Cause ” to hold the accused for trial.
The 2000 Rules made it clear that every person is entitled to a determination by a JUDGE that there exists cause to charge him with a crime before giving due course to any information (the document that charges the accused with a crime). Previously, judges relied on the determination of probable cause by the Public Prosecutor (District Attorney to those of you from the United States of A) even though the Philippine Supreme Court had already expressly declared the right to be of a constitutional nature.
Believing that this imposed an additional burden on the poor, overworked and underpaid judges, I took up my beef with former Court Administrator (later Commission on Elections Chairman and subsequently Solicitor General) Alfredo Benipayo who patiently explained that the right could not be denied any accused under the constitution.
Once the word “constitutional” is mentioned, any further argument is negated, so I shut up and went to work determining probable cause in every information that came my way.
The determination of probable cause must be made by the Judge before he issues a warrant of arrest (based on the records transmitted to the Court from the prosecutor) or any other process that might bring the accused into the custody of the Court. If the Judge is not satisfied with the prosecutor’s findings, he may either require the prosecutor to submit additional evidence or dismiss the case outright. This, even before a warrant is issued.
This is why I take issue with the “Motion for Determination of Probable Cause”.
Since a judge already has the burden of making the determination BEFORE he issues the Warrant of Arrest, the Motion has a dubious place in procedure. The issuance of the warrant carries with it the presumption that the judge had already made a determination that probable cause exists to bring the accused to trial. Giving due course to such a motion would be an express admission that the judge had been negligent in performing his duties and open him up to administrative sanction.
Of course, this should not stop lawyers from filing such a motion should the record of the prosecutor (the record of preliminary investigation) be so wanting in (competent) evidence to establish probable cause. In such cases, though, the judge may once again be open to sanction. This, however, should be the exception, rather than the rule.
The 2000 Rules made it clear that every person is entitled to a determination by a JUDGE that there exists cause to charge him with a crime before giving due course to any information (the document that charges the accused with a crime). Previously, judges relied on the determination of probable cause by the Public Prosecutor (District Attorney to those of you from the United States of A) even though the Philippine Supreme Court had already expressly declared the right to be of a constitutional nature.
Believing that this imposed an additional burden on the poor, overworked and underpaid judges, I took up my beef with former Court Administrator (later Commission on Elections Chairman and subsequently Solicitor General) Alfredo Benipayo who patiently explained that the right could not be denied any accused under the constitution.
Once the word “constitutional” is mentioned, any further argument is negated, so I shut up and went to work determining probable cause in every information that came my way.
The determination of probable cause must be made by the Judge before he issues a warrant of arrest (based on the records transmitted to the Court from the prosecutor) or any other process that might bring the accused into the custody of the Court. If the Judge is not satisfied with the prosecutor’s findings, he may either require the prosecutor to submit additional evidence or dismiss the case outright. This, even before a warrant is issued.
This is why I take issue with the “Motion for Determination of Probable Cause”.
Since a judge already has the burden of making the determination BEFORE he issues the Warrant of Arrest, the Motion has a dubious place in procedure. The issuance of the warrant carries with it the presumption that the judge had already made a determination that probable cause exists to bring the accused to trial. Giving due course to such a motion would be an express admission that the judge had been negligent in performing his duties and open him up to administrative sanction.
Of course, this should not stop lawyers from filing such a motion should the record of the prosecutor (the record of preliminary investigation) be so wanting in (competent) evidence to establish probable cause. In such cases, though, the judge may once again be open to sanction. This, however, should be the exception, rather than the rule.
Thursday, March 17, 2005
THE CONCEPT OF RENT
Newly appointed to the municipal bench, I had the most difficult time determining “reasonable compensation for the use of the premises” in some Ejectment cases where the lawyers failed to discuss the topic beyond specifying a lump sum in their position papers.
Ejectment is the cause of action for eviction. Where the Court finds that a defendant may be evicted, it awards "reasonable compensation" to the plaintiff for the period during which he has been deprived of the use of the disputed premises. Ordinarily, this would be equivalent to rent the plaintiff might have earned had he leased the premises to the defendant or any other party.
Sometimes, when the suit is brought for the violation of a contract of lease, all the Court needs to do is award rentals in arrears. But what if the suit is filed on some other basis than a written contract?
I first brought up this quandary to an expert on Civil Procedure during one of the seminars intended to enhance the knowledge of members of the judiciary and was rewarded with a brusque, “You have to find your own method!”
So off I went to find “my own method”. Poring over the Corpus Juris Secundum, I found this little gem;
“Interest bears the same relation to money that rent does to land.”
Previously, my feeble mind had failed to relate interest with rent. Also coming to my rescue was the ancient Velayo’s Digest (1966), from whence came this contribution:
“And in the absence of any other evidence the assessed value should be considered.”
These two maxims thus allowed me to come up with what I proudly call, “The Navarro Rule of Thumb in fixing reasonable compensation.” Well, that’s what I call it, even though no one else is aware of it.
Where the exact amount of reasonable compensation for the use of the land is not thoroughly discussed by the parties, I take a look at the assessed value in the Tax Declaration of the land or the premises (if there is one). I then fix reasonable compensation at the legal rate of interest of 6% per annum.
Interestingly, many Rent Control Laws worldwide have fixed the legal rate of interest as the maximum allowable rent for a contract of lease (that's what made me crack open the CJS). In ejectment cases, however, I use the legal rate of interest to determine fair compensation.
For those of you who wonder if it shouldn’t be set at 12% per annum, remember that the rate of 12% in the Philippines is for loans or forbearances of money. Otherwise, it should only be 6%. The rate of 12% would best be applied on rentals in arrears or on the amount of compensation granted by the Court itself when the judgment becomes final.
Ejectment is the cause of action for eviction. Where the Court finds that a defendant may be evicted, it awards "reasonable compensation" to the plaintiff for the period during which he has been deprived of the use of the disputed premises. Ordinarily, this would be equivalent to rent the plaintiff might have earned had he leased the premises to the defendant or any other party.
Sometimes, when the suit is brought for the violation of a contract of lease, all the Court needs to do is award rentals in arrears. But what if the suit is filed on some other basis than a written contract?
I first brought up this quandary to an expert on Civil Procedure during one of the seminars intended to enhance the knowledge of members of the judiciary and was rewarded with a brusque, “You have to find your own method!”
So off I went to find “my own method”. Poring over the Corpus Juris Secundum, I found this little gem;
“Interest bears the same relation to money that rent does to land.”
Previously, my feeble mind had failed to relate interest with rent. Also coming to my rescue was the ancient Velayo’s Digest (1966), from whence came this contribution:
“And in the absence of any other evidence the assessed value should be considered.”
These two maxims thus allowed me to come up with what I proudly call, “The Navarro Rule of Thumb in fixing reasonable compensation.” Well, that’s what I call it, even though no one else is aware of it.
Where the exact amount of reasonable compensation for the use of the land is not thoroughly discussed by the parties, I take a look at the assessed value in the Tax Declaration of the land or the premises (if there is one). I then fix reasonable compensation at the legal rate of interest of 6% per annum.
Interestingly, many Rent Control Laws worldwide have fixed the legal rate of interest as the maximum allowable rent for a contract of lease (that's what made me crack open the CJS). In ejectment cases, however, I use the legal rate of interest to determine fair compensation.
For those of you who wonder if it shouldn’t be set at 12% per annum, remember that the rate of 12% in the Philippines is for loans or forbearances of money. Otherwise, it should only be 6%. The rate of 12% would best be applied on rentals in arrears or on the amount of compensation granted by the Court itself when the judgment becomes final.
Friday, March 11, 2005
DURA LEX
One of the most enduring (pardon the pun) Latin axioms in law is DURA LEX SED LEX. It literally means, “The law may be hard (harsh) but it is the law.”
We all know that DURALEX has been appropriated by a glassware company as a brand name for their unbreakable dinnerware.
This inspired a law professor during my Bar Review to come up with his own Latin axiom using another brand name that’s better known for its resistance to heat rather than its indestructibility.
His axiom? DURA LEX PYREX.
The law may be hard, but it may be broken. ;-p
We all know that DURALEX has been appropriated by a glassware company as a brand name for their unbreakable dinnerware.
This inspired a law professor during my Bar Review to come up with his own Latin axiom using another brand name that’s better known for its resistance to heat rather than its indestructibility.
His axiom? DURA LEX PYREX.
The law may be hard, but it may be broken. ;-p
Thursday, March 10, 2005
SCILICET
To a layman, the S.S. in a legal document may inspire awe and wonder at its formality. Surely, such initials must mean that the document itself could spell the difference between life and death. I've even heard people refer to an affidavit as the person's "Sworn Statement", TO WIT; "He stated in his S.S. that...."
Well, that's all it means, really. The S.S. in a legal document stands for scilicet, Latin for... “TO WIT.”
Thus, the example above means the document has been executed in the Republic of the Philippines, to wit, or more particularly in, the City of Cebu.
It does nothing more than establish the location of the document’s execution and, well, make the document look legal. A failure to include that does not invalidate the document.
Nothing to it.
Wednesday, March 09, 2005
FAILURE OF LOGIC
Sitting on the bench one clear motion day, I wasn’t quite prepared for one of the strangest motions I had ever come across.
“Comes now, the plaintiff, unto the Honorable Court, most respectfully manifests that the defendant has fully complied with the judgment…, wherefore, in consideration thereof, it is most respectfully prayed of the Honorable Court, to DISMISS the instant action.”
That prompted me to whip out my cellphone (still on the bench, but out of sight, naughty me) and SMS all my lawyer friends.
“Atty UV s askng 4 dismisal o case c oredi won & wer judgment complied!”
Prompt reply from what some lawyers would call a MERE law student, “Ka stupid! Dosnt make sense!”
Enough levity for one afternoon. You’d think that would be the end of it, but no! It happened again. Twice.
Thankfully, none of the lawyers involved came from my alma mater, the University of San Carlos, nor from the school I teach in, the University of Cebu (we don’t even have seniors yet). You can be sure I mention this whenever I can to my students.
Mi compañeros, if you don’t want judges to text all their lawyer friends about you while they hear your motion, make sure you NEVER, NEVER make such a horrible mistake. It not only shows a failure of logic on you part (Why on earth dismiss a case you’ve already won?), it also shows you don’t know jack about execution! For a practitioner, failure to understand execution is FATAL to your career. Well, maybe not, but embarrassing to say the least and a potential loss of millions.
Learn to submit, or ask for, an ADMISSION OF SATISFACTION OF JUDGMENT.
“Comes now, the plaintiff, unto the Honorable Court, most respectfully manifests that the defendant has fully complied with the judgment…, wherefore, in consideration thereof, it is most respectfully prayed of the Honorable Court, to DISMISS the instant action.”
That prompted me to whip out my cellphone (still on the bench, but out of sight, naughty me) and SMS all my lawyer friends.
“Atty UV s askng 4 dismisal o case c oredi won & wer judgment complied!”
Prompt reply from what some lawyers would call a MERE law student, “Ka stupid! Dosnt make sense!”
Enough levity for one afternoon. You’d think that would be the end of it, but no! It happened again. Twice.
Thankfully, none of the lawyers involved came from my alma mater, the University of San Carlos, nor from the school I teach in, the University of Cebu (we don’t even have seniors yet). You can be sure I mention this whenever I can to my students.
Mi compañeros, if you don’t want judges to text all their lawyer friends about you while they hear your motion, make sure you NEVER, NEVER make such a horrible mistake. It not only shows a failure of logic on you part (Why on earth dismiss a case you’ve already won?), it also shows you don’t know jack about execution! For a practitioner, failure to understand execution is FATAL to your career. Well, maybe not, but embarrassing to say the least and a potential loss of millions.
Learn to submit, or ask for, an ADMISSION OF SATISFACTION OF JUDGMENT.
Tuesday, March 08, 2005
LEX LECES BACHELERES
Going over a friend's resumé, I read that he had been studying for a degree in "Lex Leces Bacheleres."
My knee jerk reaction was to call up and demand an explanation.
Where'd the heck you get this "Leces" thing?
The answer was nothing short of shocking. "I got that from a credible source, a lawyer."
Holy cow! Do some lawyers actually believe their Ll.B. stands for something that as far as I can figure, means "Legal Milk of Lecherous Bachelors"?
Gentlemen, check the acronym. Capital L, lower case l, period, capital B period. Ll.B. Two words only. Legum Baccalaureus. Bachelor of Laws. "Legum" is the genitive (i.e. possessive) plural of the noun "lex", hence Ll. instead of just one L.
Now I'm sure that the very lawyers who believe in this "Leces" myth are the very same ones who are wont to put Ll.B. (they would probably prefer L.L.B.)after their names when presented in a formal listing. Thus you would see;
John Doe, M.D.
Pearly Gleam, D.D.M.
Leces Bachelor, Ll.B.
Well, that looks alright, until you consider that the presumption is you haven't passed the Bar Examinations if you only have the acronym of your degree after your name.
Messieurs Leces, allow me to introduce you to "Esq." Place that after your name and you won't be putting yourself in the same level as a law graduate who has yet to take or worse failed the Bar.
My knee jerk reaction was to call up and demand an explanation.
Where'd the heck you get this "Leces" thing?
The answer was nothing short of shocking. "I got that from a credible source, a lawyer."
Holy cow! Do some lawyers actually believe their Ll.B. stands for something that as far as I can figure, means "Legal Milk of Lecherous Bachelors"?
Gentlemen, check the acronym. Capital L, lower case l, period, capital B period. Ll.B. Two words only. Legum Baccalaureus. Bachelor of Laws. "Legum" is the genitive (i.e. possessive) plural of the noun "lex", hence Ll. instead of just one L.
Now I'm sure that the very lawyers who believe in this "Leces" myth are the very same ones who are wont to put Ll.B. (they would probably prefer L.L.B.)after their names when presented in a formal listing. Thus you would see;
John Doe, M.D.
Pearly Gleam, D.D.M.
Leces Bachelor, Ll.B.
Well, that looks alright, until you consider that the presumption is you haven't passed the Bar Examinations if you only have the acronym of your degree after your name.
Messieurs Leces, allow me to introduce you to "Esq." Place that after your name and you won't be putting yourself in the same level as a law graduate who has yet to take or worse failed the Bar.
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