Sexual Harrasment

R.A. No. 7877 otherwise known as the Anti-Sexual Harassment Act of 1995 declares a policy that the State shall value the dignity of every individual xxxx guarantee full respect for human rights xxxx.

The victim of sexual harassment may be a WOMAN or MAN. It can only be committed if the same is:

1. WORK-related;

2. EDUCATION-related; and

3. TRAINING-related.

 

      The person who may be held liable is one who, having authority, influence, or moral ascendancy over another in a work or training or education environment, such as employer, manager, teacher, etc., DEMANDS, REQUEST or otherwise REQUIRES any SEXUAL FAVOR from another REGARDLESS of whether the demand, request or requirement for submission is accepted by the object of said act. Moreover, any person who directs or induces another or cooperates in the commission thereof without which it would not have been committed shall likewise be held liable. (sec. 3) They shall be penalized upon conviction, by IMPRISONMENT of not less than one (1) month nor more than six (6) months, or a fine.

Sexual harassment is committed when:

In a work-related or employment environment:

1. The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely effect said employee;

2. The above acts would impair the employee's rights or privileges under existing labor laws; or

3. The above acts would result in an intimidating, hostile, or offensive environment for the employee.

In an education or training environment:

1. if the victim is under the care, custody or supervision of the offender;

2. if the victim whose education, training, apprenticeship or tutorship is entrusted to the offender;

3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or

4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Apparently, the usual perpetrators are men and the proximate cause is LUST. Jesus said in Matthew 5:28:

“But I tell you anyone who looks at a woman LUSTfully
has already committed adultery with her in his heart." 

Mama Parraaa!

I do not hesitate to tell a taxi, bus or jeepney driver, who appears to be reckless and lacks right conduct, to slow down. I boldly and gently (I’m afraid to be thrown out of the jeepney window haha) remind them that both him and his passengers have dependent or family that cares for and relies on them thus, they are required to exercise high degree of care. Forgive me, I have always wished for the complete vanishment of all the jeepneys in the Philippines for being the major contributors to air pollution and heavy traffic jam.

I certainly think most of those drivers (especially jeepney drivers) are not aware that they are bound and subject to the provisions of Contract of Transportation. It is a contract whereby a person, natural or juridical, obligates himself to transport person or goods, or both, from one place to another, by land, water, or air, for a price or compensation. The drivers cannot validly argue that they are not bound by the contract since it is not in writing. As a general rule (Article 1356, New Civil Code), contracts shall be obligatory and valid in WHATEVER FORM (whether verbal or in writing). There are only 2 exceptions; it is when the form is needed for:

1. VALIDITY e.g. donation of real property;
2. ENFORCEABILITY under the Statute of Frauds. (Art. 1403 par. 2 , NCC)

The Contract of Transportation falls under NEITHER exceptions. It is imbued with public interest requiring common carriers to carry passengers and goods safely using utmost diligence of very cautious person with due regard for all circumstances. The Law on Common Carriers (Articles 1732 to 1766, Civil Code) imposes an exacting standard. Failure to observe extraordinary diligence renders it liable for any damage that may be sustained by its passengers or goods.

Common carriers are presumed to have been at fault or negligent in case of death of or injuries to passengers or loss of goods except if it is due to a fortuitous event. The award of damages for death is computed on the basis of the life expectancy of the deceased passenger which is 2/3 of 80 less his age at the time of his death. Take for instance, the life expectancy of a 20-year-old deceased passenger is computed below:

80
x .67 (2/3)
53.60 >2/3 of 80;

53.60 – 20 = 33.60 years > life expectancy

The heirs of a deceased passenger are entitled to recover from the negligence of the Common Carriers:

1. the total earnings for the life expectancy;
2. damages for his death;
3. moral damages for mental anguish of the heirs;
4. burial expenses; and
5. attorney’s fees, if a lawsuit has been filed.

Negotiable Instruments

The lifeblood of negotiable instrument is negotiation.

A Negotiable Instrument is a WRITTEN contract as a SUBSTITUTE for money, and its delivery does NOT by itself operate as a payment. It is not a legal tender thus, may be refused by a creditor. Its commercial functions are to supplement the currency of the government and to substitute for money and increase the purchasing medium.

On the other hand, a legal tender is defined as currency that cannot legally be refused in payment of debt or is that which a debtor may compel a creditor to accept in payment of the debt. It generally refers to government-issued CASH Money such as coins and notes.

But is it not amazing that Jesus Christ's life and blood paid the ransom which is the price that must be paid to God for our debt! We accrue spiritual debt every time we fail to honor God by living in obedience to Him through sins of both omission and commission.

1 Timothy 2:5-6

⁵For there is one God and one mediator between God and men, the man Christ Jesus, ⁶who gave himself as a ransom for all men—the testimony given in its proper time.

In relation to the legal concepts, an instrument to be negotiable must contain all the requisites enumerated in Sec. 1 of the Negotiable Instruments Law (Act No. 2031):

1. It must be IN WRITING and SIGNED by the Maker or Drawer;
2. Must contain an UNCONDITIONAL promise or order to pay a sum certain
in money;
3. Must be payable on demand, or at a fixed or DETERMINABLE future time;
4. Must be payable to ORDER or to BEARER; and
5. Where the instrument is addressed to a drawee, he must NAMED or
otherwise indicated therein with reasonable certainty.

Common Forms of Negotiable Instruments:

1. Promissory Note - an unconditional promise to pay; and
2. Bill of Exchange – an unconditional order requiring a person to pay to
bearer.
3. Check – is a bill of exchange drawn on a bank payable on demand.

Other Forms:

1. Certificate of Deposit;
2. Trade Acceptance;
3. Bonds;
4. Drafts; and
5. Letter of Credit.

Similar to, but NOT, Negotiable Instruments:

1. Treasury Warrants;
2. Money Orders;
3. Warehouse Receipts;
4. Bills of Lading; and
5. Trust Receipts.

Under sec. 23, when the signature of the Maker or Drawer is forged, it is the signature that shall become wholly inoperative but the instrument is still operative. Thus, a holder in due course although cannot enforce payment thereof against the maker or drawer can still enforce the same against the indorser.

Whereas, if it is forgery in signature of Indorser, a holder in due course and any party subsequent to the forgery cannot enforce it against the parties to an instrument PRIOR to said forgery. Except, in the case of a check where the drawer is guilty of negligence which causes the bank to honor such a check.

Sec. 52 provides that a holder in due course is one who takes the instrument “in good faith and for value”; and at the time the instrument was negotiated to he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.

However, sec. 59 provides that every holder is deemed prima facie (obvious) to be a holder in due course.

Related Article:

Who are the Persons Criminally Liable?

The Benefits of Ginger

I am very thankful to God because I have never been confined in a hospital and I do not wish it either.  I have been dealing only with minor ailments.

Indeed, the Lord has provided everything for us including the natural herbal remedies that are easily available and cost-effective yet gentle and safe.  That is why, every time cough, cold or migraine attack, I immediately exploit the benefit of ginger which is a well-known, common spice ingredients of kitchen. I usually take it as a sugar candy before going to bed. It gives me an instant antidote.

The pain due to headaches, muscle cramps, arthritis, comes mostly from inflammation— a protective response to destruction and swelling of tissues. For this reason, most people rely on nonsteroidal anti-inflammatory drugs (NSAIDs) like “vitamin I,” aka ibuprofen, aspirin, and naproxen, for aches and pains relief.

    But unfortunately, studies show NSAIDs have adverse effects and increase the risk of ulcers, bleeding in the stomach, strokes, heart attack, and kidney damage because it interferes with prostaglandins, the hormone-like compounds that play a role in a wide variety of physiological processes such as the contraction and relaxation of smooth muscle, the dilation and constriction of blood vessels, control of blood pressure, and modulation of inflammation as defined by medicinenet.com.

    So say goodbye to NSAIDs and go for safe and tested Herbal Remedies!

Medicinal Uses of Ginger:

1. Ginger is an effective cure for congestion, cough and cold.

2. It promotes the release of bile from the gallbladder which aids the process

of digestion of lipids.

3. It may also decrease joint pain from arthritis.

4. Ginger compounds are active against a form of diarrhea.

5. It has been found effective treating nausea.

6. It may be useful for treating diabetes.

7. Ginger is a stimulant and carminative, and used frequently for dyspepsia and colic.

Gross Income vs. Net Income

I admit, I had consistently paid my tithes on the net income rather than on the gross income until God rebuked me. I often argued (some Christians also do the same) by comparing tithing with the Income Tax system of the Government wherein income tax is imposed on the NET taxable income computed as follows: (sec. 31-35, National Internal Revenue Code of the Philippines)

1. ALL income
– Exclusion
= GROSS INCOME

2. Gross Income
– Allowable Deductions
= Net Income; (taxable net income in the case of corporation)

3. Net Income
– Less Personal and Additional
= Taxable Net Income;

4. Taxable Net Income
x Income Tax Rates (on graduated basis)
= Income Tax due;

5. Income Tax
– Creditable Withholding and/or Tax Credit
= NET TAXABLE INCOME.

GROSS INCOME pertains to ALL such gains, profits or income derived from any source. Income metaphorically is described as the “fruit” while capital is a “tree”.

The application of the rule that tithing must be based on our GROSS income is pursuant to Proverbs 3:9-10:

⁹ Honor the LORD with your wealth,
with the FIRSTFRUITS of all your crops;

The Lord requires our first fruits, which must be the FIRST and BEST of whatever we receive. Tithing shows that God is our priority. Therefore, if we pay our tithes based on net income, we put the government ahead of God.

Further, tithing is giving not only money but it can be non-cash assets such as stocks, property, etc. to support the work of God.

Related Articles:

Tithes before Taxes

Warren Buffet's (and Lorille’s) Advice to Young People

Tithes before Taxes

Time and again, taxes are defined as the lifeblood of the Government and their prompt and certain availability are an imperious need. Without taxes, the government would be paralyzed. Revenues derived from taxes are intended primarily to finance the government and its activities and are thus exempt from execution.

Tax differs from license fee. Tax is imposed to raise revenue for public use. It is paid after income is earned and non-payment of it does not make the business illegal. While license fee is imposed for the regulation of lawful business or occupation in the exercise of police power of the state. It is paid at the start of the business and non-payment thereof makes the business illegal.

But please pay your ten percent (10%) tithe before taxes. We need to pay our tithe on the GROSS INCOME and not on the net income. As soon as you receive money, remember the storehouse which is the local or internet church you attend where you get fed spiritually; consider the needs of your beloved pastors, ministers and the church servants.

Bear in mind, that we rob God when we do not give the tithe because that ten percent of your income belongs to the Lord. Hence, we need to return to God what is His. Kindly reflect on the following passage:

Malachi 3:8

⁸ "Will a man rob God? Yet you rob me.
"But you ask, 'How do we rob you?'
"In tithes and offerings."

GIVE 10% OF YOUR GROSS INCOME BUT GIVE 100% OF YOUR HEART!

Related Article:

Warren Buffet's (and Lorille’s) Advice to Young People

The Condominium Act (R.A. 4726)

I would rather live in a nice and comfortable Bahay Kubo (nipa hut) than in a condo unit no matter how luxurious and elegant it is because the latter would not permit me to have:
 

1. beautiful and lushy garden (both vegetables and ornamental plants)

 

2. clotheslines :)

 

3. yard or lawn

 

4. koi pond

               
As defined in Section 2 of The Condominium Act (R.A. 4726), a Condominium is an INTEREST in real property consisting of a separate interest in a unit in a residential, industrial or commercial building and an UNDIVIDED INTEREST in common directly or indirectly, in the land of which it is located and in other common areas of the building.

The ownership over the unit is the “separate interest” of the owner which makes him automatically a shareholder in the condominium. The most common types of condominium is referred to as a combination of both perpendicular and horizontal co-ownership. While a horizontal condominium offers the benefits of a townhouse, it is when the various units are in one place - as when one-story units all set on the ground.

The common areas and facilities are “portions of condominium property not included in the units”, whereas, a unit is “a part of the condominium property which is to be subject to private ownership.” The BOUNDARY of the unit granted are the INTERIOR surfaces of the perimeter wall, floors ceilings, windows and door thereof. The common areas are held in common by the holders of units, in equal shares one for each unit. The law mandates that said common areas shall remain UNDIVIDED, and there shall be no judicial partition thereof.

Further, it is mandated that ALL incorporators of a condominium project must be an owner of a condominium unit.

Excerpt Image http://id.tixik.com/image-101742.htm Author: Dan Aquino

Harmful Effects of Fast Food

Many of us are indulged in Fast-Food Habits but personally, I still prefer to ingest natural and organic substance than eating any processed food. My conscience bothers me whenever I am tempted to eat burgers, hotdogs, pizza, fried stuff with cheese, French fries, doughnuts (banana cue), noodles and all such food items that can be prepared and served quickly, otherwise known as Fast Foods.   I understand that they are very delicious and convenient especially when accompanied with cold drinks or soft drinks BUT they can harm our health in the long run.   Thanks to the words of wisdom of our beloved preacher Rev. Butch Conde which I have imbibed many years ago.  He always tells his children to “EAT FOR HEALTH NOT FOR TASTE.”

I am not a nutritionist but I have been constantly attending a Health Forum/Seminar (More Than C-conqueror) conducted by Christian doctors who are engaged in Alternative Medicine and have been faithfully studying and compiling articles about nutrition and healthy living.   Well I can say that I am struggling and trying my hardest to achieve a healthy and fulfilling life in order to serve God longer and efficiently.

Harmful Effects of Eating Fast Food REGULARLY:

1. it contains a high amount of Sodium that contributes to high blood pressure;

2. bad cholesterol in meat-containing fast food leads to clogging or thickening of arteries which can result in heart attack or even heart failure.

3. Trans fat is found abundantly in fast foods and all processed food. It increases the bad cholesterol but reduces the good cholesterol;

4. it is addictive;

5. it leads to obesity;

6. REGULAR consumption of fast food can lead to malnutrition;

7. it increases risks of any chronic disorder.

Statutory Rape

Law school memories flash through my mind whenever I encounter a statutory rape case. My group mates persuaded me to play the role of a victim of a statutory rape in our Trial Practice course because of my youthful look.  Way back in college, nene (child) is my usual role in most theater production. Sometimes, I try to figure out whether it is a compliment or simply a sarcasm.   It reminds me to ponder Psalm 139:

¹³ For you created my inmost being;
you knit me together in my mother's womb.

¹⁴ I praise you because I am fearfully and wonderfully made;
your works are wonderful,
I know that full well.

My heart is inundated with lavish gratitude to God at this moment for sparing me from experiencing such kind of heinous crime in real life and for protecting me from committing sexual immorality throughout my entire life.

So what is a Statutory Rape?

A statutory rape is committed by a man who shall have carnal knowledge (sexual intercourse) with a woman who is younger than that statutory age of consent. In the Philippines, UNDER twelve (12) years old is considered to be below the age required to legally consent to the behavior as provided for by Article 266-A of the Revised Penal Code (as amended by R.A. No. 8353) (so now you understand me as to whether it is a compliment or a sarcasm ^_^)

When the offended party is UNDER twelve (12) years of age or demented, Rape is committed even though NONE of the following circumstances are present:

1. through force, threat or intimidation;

2. when the offended party is deprived of reason or is otherwise unconscious;

3. by means of fraudulent machination or grave abuse of authority.

Accordingly, Rape is committed even if the girl UNDER twelve (12) years old is a prostitute.  Further, it is committed although she consented to the sexual act.  The law does not consider that kind of consent voluntary, as the offended party under 12 years old cannot have a will of her own.

  

Is Money-Saving tantamount to the love of money?

Penny bank or money box is my usual gift for the kids, aside from books. My intention is to inculcate the value of saving for the future and that the gateway to knowledge is reading.

It makes me wonder however, why a penny bank is often shaped like a pig. (anyone has an answer? Let me know ^_^) Anyway, I would rather prefer a money box than the piggy bank because of the unpleasant sight of the pig (literally and figuratively) and the potential health risks of its meat. (try to say and listen very carefully to the tagalog word of pig and realize the things it denotes haha)

But is Money-Saving tantamount to the love of money?

The answer is a big NO. It is noteworthy to mention that Money is not evil per se but is considered to be a blessing from God. It is the LOVE of money that the Bible expressly forbids.

1 Timothy 6:10
“For the love of money is a root of all kinds of evil. Some people, eager for money, have wandered from the faith and pierced themselves with many griefs”

Hebrews 13:5
“Keep your lives free from the love of money and be content with what you have, because God has said, "Never will I leave you; never will I forsake you."

The Money-Saving shall become the love of money only when we:

1. save/hoard money for security;

2. trust it; and

3. live for it.

It is therefore the money-management that is tantamount to money-saving. We must understand that the primary purpose of saving is for stewardship. Saving for proverbial “rainy day” and to avoid having any debt are secondary only. The way we manage money reveals our character because it is somehow a tool and a test.

Luke 16:11

¹¹So if you have not been trustworthy in handling worldly wealth, who will trust you with true riches?

Related Article:

Warren Buffet's (and Lorille’s) Advice to Young People