Sleeping Beauty Has Insomia

    These past few weeks I was suffering from unfinished sleep insomnia (hhmm…I guess someone out there was thinking deeply about me, wish ko lang…sigh..)  It is a type of insomnia when you fall sleep quickly but wake up at 3a.m. or 4a.m. and can no longer back to sleep.

    But this morning, a bright smile adorned my face as i show up for my daily appointment with God for being able to finish my normal average 8-hour of sleep.   Getting 8 to 10 hours of sleep is part of my healthy lifestyle albeit I am an adult Thumbelina already.   Considering older people typically have trouble sleeping, I still recommend to have enough sleep since the body is gradually becoming weak.  Also, a power nap of 15-minute at noon can boost our memory and productivity during daytime.

    My beauty icon, forever young, Ms. Cory Quirino is an advocate of NATURAL remedies for wellness, health and beauty.  She is the grand daughter of our late President Elpidio Quirino.   In her numerous articles I have clipped from a certain newspaper, she suggested some various therapies to combat sleep disorder or insomnia the natural way.

Bedtime Habits
 

1. Do not take sleeping pills because they will only leave you irritable and restless the next day.

2. If you are not sleep in 10 minutes, get up and do something not intellectually stimulating, like sewing or watering plants hmmm.. I love to do both!
 
3. Use your bed only for sleeping. Don’t do your homework or office in it.
 
4. Go to bed only when drowsy. Free your mind of disturbing thoughts and worries.

5. Have a youthful lifestyle. Exercise!
 
6. Take a hot bath or soak bath.
 
7. Never go to bed hungry.
 
8. Drink a glass of warm non-fat milk or have a turkey dinner.
 
9. Do light relaxation or meditation. (Prayer and Bible) or imagine you are in your ideal or fantasy spot like Palawan and Boracay.
 
10. Take a vitamin mineral therapy.
 
11. Do the slow breathing exercise.
 
12. Eat a light dinner.
 

Contract of Insurance

I prefer saving my money with the bank rather than investing it with any insurance agency except compulsory social security services.

Just like any other kind of contract, the Contract of Insurance has a personal characteristic. It takes effect only between the parties, his heirs and assigns. Under the Pour Autrui Doctrine, the contracting parties must have clearly and deliberately conferred a favor upon such a third person in order the latter may be allowed to avail himself of a benefit granted to him by the terms of the contract. Therefore, a third person, not a party to a contract cannot validly file an action against parties thereto and cannot generally demand the enforcement of the same EXCEPT in Motor Vehicle Insurance.

Parties to an Insurance Contract

1. Insurer

- Banks cannot be insurers.

2. Insured

- Any person with capacity to contract and having an insurable interest in the life or property insured. A public enemy who is a citizen of the country with which the Philippines may be at war cannot be insured.

- Insurable interest is the interest which the law requires a person making a contract of insurance to have in the person or thing insured to prevent the contract from becoming a wagering contract.

3. Beneficiary

- The person designated to receive the proceeds of the policy when the risk attaches.

Classes of insurance

1. Life Insurance > dependent upon human life
2. Non-life Insurance, which may be:

a.) Fire Insurance.
b.) Marine Insurance.
c.) Casualty Insurance.
d.) Suretyship

Who are the Citizens of the Philippines?

    A Filipino citizen may be considered natural-born or naturalized citizen.  Both statuses bestow upon the individual certain privileges and exclusive rights such as the rights to vote, to run for public, etc. which may be denied the foreigner.

NATURAL-BORN FILIPINO

    

    Art. IV, sec. 2 of the 1987 Constitution defines the NATURAL-BORN Filipino citizens as:

1.  “Those who are citizens of the Philippines at the time of the adoption of this (1987) Constitution”

2.  “those whose fathers OR mothers are citizens of the Philippines” and

3. “those born before January 7, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

 

    Even if the child is born to an alien father and a Filipino mother, the Filipino citizenship of the mother will bestow natural-born Philippine citizenship upon the child PROVIDED his birth occurred on or after January 17, 1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father and acquired at best only an inchoate Philippine citizenship which he could perfect by election upon attaining majority age.  EXCEPT if he is born out of lawful wedlock, in which case, he will be considered a Filipino by virtue of his mother’s citizenship.

 

    In addition, only natural-born citizens are allowed to hold constitutional offices such as the office of the President; Senators; Members of the House of Representatives; Members of the Supreme Court; and the Chairman and Commissioners of the Constitutional Commissions (Civil Service Commission, COMELEC and the Commission on Audit).

NATURALIZED FILIPINO

 

    Naturalization takes place either voluntarily by complying both the substantive and procedural requirements of the general naturalization law or by operation of law. This process may be direct or derivative.

    Under the Commonwealth Act 473, a foreigner who is not married to a Filipino but seeks to acquire Philippine citizenship is required to have lived in the Philippines for a continuous period of NOT LESS than ten (10) years.  The said period shall be reduced to five (5) years if he is being married to a Filipino.  Other prescribed qualifications pertain to the age, moral, occupational, language and educational qualifications of the petitioner.

    However, naturalization shall be subject to the Rule of Reciprocity, hence, the alien petitioner must prove by evidence that the laws of his country grant Filipinos the right to be naturalized.

²⁰But our citizenship is in heaven. 
And we eagerly await a Savior from there, the Lord Jesus Christ,  

- Philippians 3:20

LAHING KAYUMANGGI

(the theme song of Bread of Life’s Brown “Raise” Movement)

http://www.thebrownraise.org/

Lahing Kayumanggi, lumalaban ka ba?
Nangangarap ka ba na gaya ng iba?
Lahi mo ba’y natutulog? Gumising ka na…
Tayo ay magbubuo ng panibagong HIStorya.

Kaya sa Diyos, dinadalangin…
Ibangon mo aming bansa ang lahing kayumanggi.

Inspiring Recommendation from a Fellow Blogger

        

        Below is an encouraging recommendation I just got today on my entrecard http://entrecard.com/details/127035 from a fellow blogger http://businesspherealty.com/ though I don’t even know her personally or anything.   This is very timely! because these past few days I was fairly hesitant to continue blogging.  Thank you so much maam……

This is one of the few sites that I like to visit, read and follow. I enjoy reading the good posts, especially on legal matters, since I have also a law background before becoming a realtor and my husband is a lawyer. I recommend this blog to the readers, especially to fellow Filipinos, so that they can get knowledge of the law, since ignorance of the law excuses no one from its compliance. Thumbs up! to this blog.

My Sincere Gratitude

I just would like to express my sincere gratitude to the authors of Bar Blues: Attorneys Lat, Gamez, Bagares & Tonson for their inspiring message for the Bar candidates:  

“Don’t be too hard on yourself..., AND WHILE IT IS TOO LATE TO DO ANYTHING ABOUT THE PAST, IT’S NEVER TOO LATE TO CHANGE THE FUTURE.   What is important now is to concentrate on the task at hand and to cover lost ground.”

Church is a Hospital

As we know, church is not a building but a group of people who come together for worship or religious purposes - the body of Christ and Christ himself as the head.


In this little book KNOWING ASLAN, Thomas Williams viewed the church as “a hospital for sinners like ME. It is not a showplace for saint, but a place for forgiven people to help one another draw closer to God. Church is a safe place where we can lay our WEAKNESS on the table and get help from one another in resisting overwhelming temptations.”

Shakespeare in Love

    The “love at first sight” phenomenon exists because love has always been connected to the sight. Oftentimes, it brings confusion to the people who are in love.

    This is further confirmed by the romantic-comedy soliloquy “A Midsummer Night’s Dream” of Shakespeare that has a scene of confusion, disorder, and irrational dream.

    
  A young woman Helena is lovesick because her beloved Demetrius has dumped her for falling in love with her friend Hermia.  Demetrius finds the short and brunette Hermia more attractive and lovelier than the tall and fair Helena.   So she wishes to have the same physical appearance of Hermia to win back Demetrius.  She ponders:

"LOVE LOOKS NOT WITH THE EYES BUT WITH THE MIND AND THEREFORE IS WINGED CUPID PAINTED BLIND."

    

    So i figured that SIGHT tends more towards ATTRACTION rather than love.  Thus, "attraction at first sight" is the appropriate phrase.  Love will soon be established when it is no longer the human eye that is looking at the person we are attracted to but the mind of our very own heart, (emotional intellect) the only organ that can see the inner beauty.

       My college professor has aptly remarked that Love is NOT really blind.   It is sometimes the lovers who are actually blind.   If we apply logic in the false belief "love at first sight" or "love is blind" it will go something like this:

God is Love. (1 John 4:16)
If love is blind,
Therefore, God is blind.

Bar Blues: a Manual for Effective Review

Bar Blues delivers practical information on the bar exams:

- how to prepare
- how to take it
- how to pass it

       Our fellow advocate (http://www.advocatesinternational.org/), Atty. Romel R. Bagares is among the young and idealistic Philippine lawyers who authored the book. His co-authors are Atty. Maria Tanya Katrina A. Lat, Atty. Maria Gracia R. Gamez and Atty. Marlon Anthony R. Tonson. Some of the contributing lawyers are Atty. Aenas Eli S. Diaz (2003 Bar topnotcher), Atty. Joan De Venicia (2005 Bar topnotcher), 2001 Binibining Pilipinas-Universe, Atty. Zorayda Ruth B. Andam, etc.

     The foreword to the book of Supreme Court Associate Justice Vicente V. Mendoza (ret.) emphasizes that the bar examinee must realize that in taking the bar exams he is answering the call to the highest aspirations of law.

      Atty. Winnie Salumbides, another fellow advocate, generously gave me a copy of it last night. (ooppss di pwedeng hiramin or xerox hehe, bili kayo sa Centralbooks Bookstore para tulong nyo for the continuance of its publication).  His farewell words “KEEP BLOGGING” have further inspired me to maintain this site (thank you po).

     He is the loving husband of communications consultant sister Maloi of DZAS. They both host a program “Masayang Tahanan or Happy Home” discussing family-related issues aired every Saturday.

702 DZAS - Metro Manila / Luzon - 12:00 NN
1125 DWAS - Legaspi City, Albay - 9:00 AM
1197 DXFE - Davao City - 10:00 PM

Related Article:

Tips To Pass The BAR Exams

Property Relations of Spouses

Art. 74 of the Family Code. The property relationship between husband and wife shall be governed in the following order:

(1) By marriage settlements or antenuptial agreement executed BEFORE the marriage;
(2) By the provisions of the Family Code; and
(3) By the local custom.

The future spouses may, in their marriage settlement, agree on:

(1) the System of ABSOLUTE Community of Property;
(2) Conjugal Partnership of GAINS;
(3) Complete SEPARATION of Property
(4) a combination of the above regimes;
(5) any other regime, like the dowry system

Notwithstanding the provisions, I shall never enter into an antenuptial agreement just in case the man of my dreams proposes marriage to me. The “one flesh” term in the Bible is much more than sex. They are “one” not only physically but also emotionally, spiritually, intellectually, financially, and in every other way; living together to meet each other’s needs. They shall become one entity sharing their lives with each other, no longer two individuals. I also believe that contracting a marriage settlement is in anticipation of divorce.

Accordingly, in the absence of a marriage settlement, or when the regime agreed upon is void, the System of Absolute Community of Property as established in the Family Code shall govern. In this regime, the husband and wife are co-owners of ALL the properties that they bring into the marriage and those acquired during the marriage EXCEPT those exclusive property of each spouse expressly provided by Article 92, FC, such as:

(1) Property acquired during the marriage by gratuitous title;
(2) Property for personal and exclusive use of either spouse except jewelry; and
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage.

System of Absolute Community of Property vs. Conjugal Partnership of Gains

(1) The System of Absolute Community of Property shall govern if the husband and wife have no marital settlement agreement. The regime of the Conjugal Partnership of Gains shall govern the property relations during marriage as agreed upon in the marriage settlement.

(2) In the Absolute Community, the ENTIRE common mass of property is divided equally between the spouses, each spouse losing the ownership of the properties brought into the marriage. While in the Conjugal Partnership of Gains, only the NET PROFITS of the partnership are divided between the spouses.

Related Article:

Concept of Marriage

Bouncing Checks Law (B.P. 22)

Psalm 5:6

“You destroy those who tell lies; 

bloodthirsty and deceitful men the LORD abhors.”

Psalm 101:7

“No one who practices deceit will dwell in my house; 

no one who speaks falsely will stand in my presence.”

        A check bounces either because there is not enough money or credit in a bank to cover its amount, as in DAIF (drawn against insufficient funds check), NSF (non-sufficient funds check) and closed account.

         Batas Pambasa Blg. 22 punishes any person who, KNOWING at the time he issues a check in payment of obligation that he does not have sufficient funds or credit with the drawee bank. The gravamen of this special penal law is the issuance of check, not the non-payment of the obligation. (Lozano vs. Martinez, 146 SCRA 323). Checks form part of the banking system for being substitutes for money. Hence, BP Blg. 22 is neither violative of the constitutional provision against imprisonment of non-payment of debt nor the non-impairment clause.

 

        In the case of Que vs. People, the Supreme Court settled that B.P.22 applies even in cases where the dishonored checks were issued merely in the form of a DEPOSIT or a GUARANTY and not as actual payment. The law does not make any distinction. Criminal liability attaches to the drawer of the check whether it was issued in payment of an obligation or merely to guarantee the said obligation.  PRESCRIPTION, which is the termination of the right to prosecute is a defense in B.P. 22. The lapse of four (4) years AFTER the expiration of the five (5) banking days from notice of dishonor is the prescriptive period for filing bounced check case.

 

            Whereas, if a person, at the time the check was issued, had the intention of stopping payment of check, shall be guilty of estafa under the Revised Penal Code. In estafa, the issuance of a post-dated or check without funds is intended to defraud and to cause damage to the payee.

 

            Deceit is an element of estafa while the same is not required in BP Blg. 22.  A person therefore, who issues a check in payment of an obligation can be held liable at the same time for violation of B.P. 22 and estafa under Article 315, par. 2 (d) of the Revised Penal Code.  Foreign checks, provided either they are drawn and issued in the Philippines, though payable outside, are within the coverage of the law. (De Villa vs. CA, 195 SCRA 722).

 

            The signatory/ies are the ones liable under the law whether the bounced check is issued by natural or juridical person because the corporation cannot be subject to arrest and criminal liability.

My Inspiration - DESIDERATA

        I hope you will also be inspired by this excellent poem.

        Desiderata is Latin for "Things to be Desired"; an inspirational prose poem about attaining happiness in life.

The author Max Ehrmann is a poet and lawyer from Terre Haute, Indiana, who lived from 1872 to 1945.

D E S I D E R A T A

GO PLACIDLY amid the noise and the haste,
and remember what peace there may be in silence.

As far as possible, without surrender,
be on good terms with all persons.

Speak your truth quietly and clearly; and listen to others,
even to the dull and ignorant;
they too have their story.

Avoid loud and aggressive persons;
they are vexations to the spirit.

If you compare yourself with others,
you may become vain or bitter,
for always there will be
greater and lesser persons than yourself.

Enjoy your achievements as well as your plans.
Keep interested in your own career,
however humble;
it is a real possession in the
changing fortunes of time.

Exercise caution in your business affairs,
for the world is full of trickery.
But let this not blind you
to what virtue there is;
many persons strive for high ideals;
and everywhere life is full of heroism.

Be yourself.
Especially do not feign affection.
Neither be cynical about love;
for in the face of all aridity and disenchantment,
it is as perennial as the grass.

Take kindly the counsel of the years,
gracefully surrendering the things of youth.
Nurture strength of spirit
to shield you in sudden misfortune.
But do not distress yourself with dark imaginings.
Many fears are born of fatigue and loneliness.

Beyond a wholesome discipline,
be gentle with yourself.
You are a child of the universe
no less than the trees and the stars;
you have a right to be here.

And whether or not it is clear to you,
no doubt the universe is unfolding as it should.

Therefore, be at peace with God,
whatever you conceive Him to be.
And whatever your labors and aspirations,
in the noisy confusion of life,
keep peace in your soul.
 
With all its sham,
drudgery, and broken dreams,
it is still a beautiful world.
Be cheerful.
Strive to be happy.

©1927 by Max Ehrmann, all rights reserved

GOOD NEWS TO ALL SMOKERS!!!

GOOD NEWS TO ALL SMOKERS!!!

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