G.R. No. 109125, 1194-12-02
There are three stages of contracts which are the preparation, perfection, and consummation. Every contract needs to be perfected. In order for a contract to be perfected, the offer of an offeror should be accepted or agreed upon by the offeree.
In the below case, we will be tackling about a case where they were discussing about perfection of a contract, and how contracts really should be perfected.
**ANG YU ASUNCION, ARTHUR GO AND KEH TIONG vs. THE HON. COURT OF APPEALS and BUEN REALTY DEVELOPMENT CORPORATION**
**FACTS:**
Petitioners filed a complaint against Unjiengs, before the Regional Trial Court alleging that Unjiengs informed petitioners that they are offering to sell the premises and are giving them priority to acquire the same; that during the negotiations, Unjiengs offered a price of P6-million while petitioners made a counter offer of P5-million; that petitioners thereafter asked the Unjiengs to put their offer in writing to which request defendants acceded; that in reply to Unjiengs letter, plaintiffs asked to specify the terms and conditions of the offer to sell; that when petitioners did not receive any reply, they sent another letter; that since defendants failed to specify the terms and conditions of the offer to sell and because of information received that defendants were about to sell the property, petitioners were compelled to file the complaint to compel Unjiengs to sell the property to them.
Judgment was rendered in favor of the Unjiengs and against the petitioners summarily dismissing the complaint subject to the aforementioned condition that if the defendants subsequently decide to offer their property for sale for a purchase price of 11 million or lower, then the petitioners has the option to purchase the property or of first refusal, otherwise, defendants need not offer the property to the Petitioners if the purchase price is higher than Php11 million.
While the case was pending consideration by the SC, the Unjieng spouses executed a Deed of Sale to the private defendant. Private defendant wrote a letter to the petitioners demanding that the latter vacate the premises. Petitioners replied stating that petitioner brought the property subject to the notice of lis pendens regarding Civil Case No. 87-41058 annotated on TCT No. 105254/T-881 in the name of the Cu Unjiengs.
The petitioners filed a Motion for Execution to the RTC who ordered defendants to execute the necessary Deed of Sale of the property in litigation in favor of the Petitioners for the consideration of P15,000,000.00 and ordering the Register of Deeds of the City of Manila, to cancel and set aside the title already issued in favor of private defendant. The appellate court, on appeal to it by private defendant, set aside and declared without force and effect the above questioned orders of the court a quo. Hence, this petition.
**ISSUE:**
Whether or not the right of first refusal in deemed a perfected contract of sale.
**RULING:**
No. In the law on sales, the so-called "right of first refusal" is an innovative juridical relation. Needless to point out, it cannot be deemed a perfected contract of sale under Article 1458 of the Civil Code. Neither can the right of first refusal, understood in its normal concept, per se be brought within the purview of an option under the second paragraph of Article 1479, aforequoted, or possibly of an offer under Article 1319 of the same Code. An option or an offer would require, among other things, a clear certainty on both the object and the cause or consideration of the envisioned contract. In a right of first refusal, while the object might be made determinate, the exercise of the right, however, would be dependent not only on the grantor's eventual intention to enter into a binding juridical relation with another but also on terms, including the price, that obviously are yet to be later firmed up. Prior thereto, it can at best be so described as merely belonging to a class of preparatory juridical relations governed not by contracts (since the essential elements to establish the vinculum juris would still be indefinite and inconclusive) but by, among other laws of general application, the pertinent scattered provisions of the Civil Code on human conduct.
Even on the premise that such right of first refusal has been decreed under a final judgment, like here, its breach cannot justify correspondingly an issuance of a writ of execution under a judgment that merely recognizes its existence, nor would it sanction an action for specific performance without thereby negating the indispensable element of consensuality in the perfection of contracts. It is not to say, however, that the right of first refusal would be inconsequential for, such as already intimated above, an unjustified disregard thereof, given, for instance, the circumstances expressed in Article 19 of the Civil Code, can warrant a recovery for damages.
The final judgment in Civil Case No. 87-41058, it must be stressed, has merely accorded a "right of first refusal" in favor of petitioners. The consequence of such a declaration entails no more than what has heretofore been said. In fine, if, as it is here so conveyed to us, petitioners are aggrieved by the failure of private respondents to honor the right of first refusal, the remedy is not a writ of execution on the judgment, since there is none to execute, but an action for damages in a proper forum for the purpose.
If you would want to read the full text of the case, here is the link from lawphil.net which is a reliable source of full text of many cases: https://lawphil.net/judjuris/juri1994/dec1994/gr_109125_1994.html
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Dissection of Kpop
I know that I already said it a couple of times since my first article that I am into korean pop, korean dramas and korean culture. If you are following me on any of my social media accounts, especially facebook, you will know that I am indeed addicted to it. Some people might be wondering 'what is in korean pop' that majority are being crazy over it? Well, not to exaggerate, but aside from their talents and visuals there are lots of things to be crazy about. But before I elaborate all of it, let me just give you an idea what is kpop in general.
Kpop, or Korean popular music, is a form of mainstream music that originated in South Korea. Kpop encompasses a wide range of musical styles, including rock, hip hop, and electronic music. Leader, main vocalist, lead vocalist, main dancer, lead dancer, main rapper, and lead rapper make up a Kpop group, and these individuals are known as Kpop idols. If you are unfamiliar with Kpop music, consider pop groups such as One Direction, Little Mix, and Fifth Harmony in the United Kingdom; they are similar to idols.
Kpop idols are groups and artists created by different entertainment companies that create catchy music targeting not just young audiences but also audiences in all ages. Kpop groups are made up of a diverse community of individuals who are all exceptionally talented. These idols usually start working in the entertainment industry when they are in their teens and work hard for years. And, if they are fortunate and talented enough, they will be chosen for an idol group by the end of their teens.
Kpop idols underwent to hard trainings to enhance their talents, but it is not just their talents that are pleasing. Aside from their talents and visuals, their unique personalities and attitude towards their fans are exceptional. This is why I am drawn into this impassable world and I cannot find my way out.
As I have said, Kpop idols have **unique personalities** and exceptional attidude towards their fans. What I mean when I say 'unique personalities' is that, Kpop members have their different personas, stories, and perspective in life, but they are sharing one goal that made them a perfect fit with each other. Kpop groups are like puzzles with the members being the puzzle pieces, they are not perfect with the absence of one.
The **attitude they have towards their fans** are exceptional. Kpop idols are helding fanmeetings at least once a year, or after they release an album to meet their fans. Fanmeetings are events where Kpop idols and their fans are going to meet in a specific place and interact. If you are still unfamiliar, think of it as meet and greet. Fans will go there with an album that the idols will sign, take pictures with them and record a video that will later on be uploaded on their fansites. Fansites are basically a website created by fans for their particular idol or idol group.
If you would ask me '*why did I become a Kpop fan?*' my answer is because of their visuals, ear catching melodies, and synchronous dancing, I do not want to lie about that, but if you will dig deeper, there is more than that. There is something more than the things that you can see with your eyes, hear with your ears, touch with your fingers, it is beyond your six senses. Their story, hardships, the message that they want to relay using their lyrics, the inspirational quotes that will keep you going, strive harder, focus on your goals, and most especially to love yourself. Those are just 'some' of the premiums you will get after being a kpop fan.
Still don't get it? Let's take BTS as an example. BTS is a Kpop group consists of seven members namely, Kim Namjoon, Kim Seokjin, Min Yoongi, Jung Hoseok, Park Jimin, Kim Taehyung, and Jeon Jungkook (OMG, I almost recite the fanchant, lol).
Their songs are known to be inspirational, and an eye opener because they did not just tackle the concept of love and being inlove, instead they use their lyrics to discuss some issues such as depression, hardships that we face, focusing on our goals, self-love, and many more. The following are some of my favorite lines from their lyrics that got me hard:
"*Dream, you will fully bloom after all the hardships.*" -**So Far Away**
"*Moonchild, don't cry. When moon rise, it's your time*" -**Moonchild**
"*I see ocean, I see desert, I see the world. Everything is the same thing with a different name. It's life again.*" -**Sea**
"*90% of your worries are an imaginary swamp that you created, just go instead of worrying.*" -**So What**
"*When the dark night passes, a bright morning will come.*" -**Tomorrow**
"*Whatever other people say, whatever this world tells you, you are the best to me just the way you are.*" -**21st Century Girls**
"*Why do you keep trying to hide under your mask? Even all the scars from your mistakes make up your constellation.*" -**Answer: Love Myself**
"*If you can't fly, then run. If you can't run, then walk. If you can't walk, then crawl. Today we will survive.*" -**Not Today**
However, aside from getting the premiums of being a Kpop fan, there are also some difficulties we face for stanning them. Of course, we cannot just say that all we get for being a fan were all positive, the beauty of being a Kpop fan is knowing all the negative sides but will always choose to stay and support them.
**Fanwar** is one of it, and it is the worst. Fanwar is a clash of different fandoms online where one party will throw allegations about the other party's idol and it will create a war between their fandoms. Most fanwars are starting when two idol groups compete for an award and the other did not get the chance to win. Fans then start to throw allegations such as it was not fair, the judges have their favoritism, they won just because of their popularity and not their talents, fans have cheated, and etc. Award shows like Melon Music Awards (MMA), Mnet Asian Music Awards (MAMA), Golden Disc Awards (GDA), Show Champion, and so much more, are those that causes it. For me, fanwars are just a product of envy and being not a good sport, it is just for those fans who cannot accept their defeat. I learned that joining fanwars will only cause me no good, so I decided to not give them attention and refrain from answering their allegations, then I started living in peace.
Next one is the **discouragement**. Questions like *'Why are you supporting them? Do they know you?'* and *'Can you even understand what they were saying?'* are the common questions some will ask to discourage you. Well, I think, this will be the last time that I am going to answer those questions just for my peace. First of all, I want to ask them why would I not support people who supports me? I mean, they support me to keep going and inspire me to strive harder, that I have dreams to achieve and goals to fulfill. Do they know me? Yes, but not personally. They know me as their fan and even wrote songs for me (Yas, the flex!). I do not understand their language but I can always search for its translation, plus their melodies, beats and lyricisms are catchy, how can't I? I repeat, this is just for my peace. I am completely aware that even though I answered those questions, haters will always hate. I will just live a life, and so are they.
Lastly, the **enlistment**. If you are not aware of this, all South Korean men are mandated to join the army when they aged eighteen (18) and before thirty (30), Kpop idols are not exempted. The only exemption South Korean people are accepting is when the person received a gold medal for representing their country.
Kpop fans are being anxious about this, because they will not see their idols for the span of two years for each of the members. In my case, as an ARMY (BTS fans), I am making myself ready for their enlistment. The oldest member, Jin, is turning twenty-eight (28) this year so he will have to go to the army and train. Though, there are no discussions yet about his enlistment, I feel sad whenever I think about it, that BTS will not be complete for many years. Maybe some BTS members will have their solo promotions, but it just hit different if they are complete. Can you remeber the puzzle piece thing? They are not perfect with the absence of one. But little by little, I am learning the art of waiting. As a Kpop fan, we all wait for our idols next comeback, right? This time, the wait will take longer but I know for some reason that they will never fail us.
Conclusion:
We all are fond of someone/something, and it is normal because we are free to choose who/what we want. If you are fond of watching anime, it is not like the anime will be fond of you. If you are fond of collecting funko pops, it is not like funko pops will collect you, too. The art of being a fan is giving unconditional love without expecting anything in return. The love you give and efforts you exert does not have to reciprocate for you to continue what you were doing.
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One Thing You Misunderstood About Me
On the second episode of Reply 1988, they tell the story of how the five friends met, how their friendship began, and how it kept going.
Taek was the last one to move on their block. After his mother passed away, they left their home which was full of her scent, and came to Seoul. They did not know why they chose to live there, but one thing is for sure, the four trouble makers of their block found a new friend.
Taek has always been a quiet kid, so the boisterous kids may have been too much for him. Even so, Taek was always with them. Even when they were doing mischievous things or doing pathetic things, he was always by their side. Though, he always had an expressionless face, he was with them.
Still, the block creates friendships just through the power of time. That is how the taciturn child, and the four noisy kids became friends; and that is how they became five.
On the other hand, while she was in school, Deok-seon received a phone call from her sister, Bo-ra, informing her that their grandmother passed away. Bo-ra said to pack her things because they will go to their grandmother's house.
After packing, the siblings, Bo-ra, Deok-seon, and No-eul, immediately went to the wake. Deok-seon and No-eul, cannot stop themselves from crying because of longingness and pain that they are feeling as of the moment. Bo-ra, as an older, told them to stop crying because they should console their father, that their feelings are nothing compared to his' (which is the son of the dead grandmother). However, contradictory to what they expect, the funeral was not so sad as they think. People were laughing, and they eat as if it was a feast.
***"Is this a funeral? It feels more like a party."***
Their father's siblings were talking about their jewelry as if they were not mourning, and her father was drinking with their guests.
***"Is dad a cyborg? How could he not shed even one tear?"***
One morning, Deok-seon saw her father near his grandmother's coffin. She thought that her father was crying, but it turns out that he was just sleeping, making himself sober from drinking last night. Her father's sisters also bring him a hangover soup.
***"Are all adults like that? They don't get sad?"***
Deok-seon felt bad for her grandmother because no one seems like mourning for her loss. She almost lost hope of seeing everyone sad and mourn until a man came in and called his father's name.
***"Dong-il."***
It was his father's older brother.
***"Our poor mother. Why did she have to go so soon? Why?"***
***"Now we cannot see her anymore. I want to see Mom."***
***"Why are you here so late?"***
For the first time, she saw her father cry.
It is just that adults keep it bottled up. They were just busy being adult and they just acted strong due to the pressure that come with their age. Adults feel pain, too.
Seon-woo, Jung-hwan, and Dong-ryeong were going with the same school. They always pack their food in school to eat during lunchtime, and as always, they share it together.
Seon-woo's mother is not a good cook. She would fail to remove stones from rice and accidentally mix eggshells to eggrolls; she is just a bad cook that even when the food is impossible to taste bad, she can make it happen. However, her son, Seon-woo, will always eat her food and is ready to fight to whoever say that his mom's cooking is bad.
He just protects his mom's feelings so much. He pretends to enjoy his mom's cooking just to avoid her being hurt. For him, if he can make his mother happy just by thinking that her cooking is good, it is not hard to eat disgusting food.
Even so, it is fine to be deluded sometimes. There is no need to force the harsh truth onto a small bit of happiness. Sometimes, you just need an illusion to be happy.
At a very young age, Taek has achieved a lot. He is playing baduk, competing in different countries, and even win. Though his mother died when he is still a kid, they are pretty sure that she is proud of him.
One night, Deok-seon's father came out to buy in a store and happen to bump into Taek. He then asked Taek to be his drinking buddy just for that night. As a minor, Taek is just sitting there waiting for Deok-seon's father to finish his alcohol, until they start talking about their moms. Taek apologized for not coming to his mom's funeral, and as a joke, Deok-seon's father said that he might cry for asking bringing that up, "Your mother is the one you miss the most, whether she is alive or dead" he also added.
***"When do you miss your mom most?"***
***"Everyday. I miss my mom every single day."***
An adult-like child is just one without complaints. It is just that they have acclimated to the world of adults and they have grown used to the illusions around them. An adult-like child is just that, a child. An illusion is short, but a misunderstanding lasts a long time. That is why illusion offer freedom while misunderstanding chain you down.
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Hand in Hand
Reply 1988 is a 2015 South Korean drama about a group of five friends living in Ssangmun-dong, a small neighborhood in Seoul, South Korea. The series focused on their challenges and unforgettable moments. No matter how much trouble they get themselves into, these childhood friends have each other's backs. Their parents have grown close as neighbors and depend on one another. The various characters go through various stages of life, from difficult school years to adulthood, which is mentally, psychologically, and financially exhausting. Friendship, family, and first loves are all depicted beautifully in this film. It depicts the ups and downs that Koreans in Seoul went through in the late 1980s and early 1990s.
The drama started by introducing the lead characters namely,
**Seong Deok-seon.**
**Kim Jeong-hwan.**
**Sung Seon-woo.**
**Ryu Dong-ryeong.**
**Choi Taek.**
Deok-seon, the middle child, shares a half-basement with her two siblings and parents. Jeong-hwan and his family live above them, unlike Deok Seon's debt-ridden family, they became wealthy overnight. Taek, on the other hand, lives with his widower father and does not face financial difficulties. His greatest challenge was winning baduk matches, and he became known across Asia as a brilliant player. The first three's neighbors are Seon-woo and Dong-ryeong, who live with their respective families. Taek's room is where the five of them normally congregate. Their mothers will remain at home with their children while their fathers work to support their families.
The story continues to introduce some characters.
**Seong Bo-ra.**
**Seong No-eul.**
**Kim Jeong-bong.**
They normally share their food with each other during mealtime. One will give food, and in return, the one who received the food will also give their food or just something to eat on their house.
The same pattern happens for five families in the block until one families have the food of the remaining four families. It is like they are sharing the same table but in different homes.
One variation of food is enough to cook because you will get different variations after the swapping.
Jeong-hwan, on the other hand, has failed to build a good relationship with his mother. He did not bother to tell his mom anything because he finds it unimportant. Unlike Seon-woo to his mother, Jeong-hwan is not very close to his'. Seon-woo's mom seem to know alot about her son, almost everything.
***"Jeong-hwan got his sneakers stolen."***
***"It has been a while since it happened. I heard it from Seon-woo."***
Jeong-hwan's mother got jealous because of their relationship as well as worried that his son is not telling her about this. As a result, she tried to talk and re-connect with her son. She opened up about how jealous she was whenever Seon-woo's mom would tell them how open he is to her. She then told him to tell her things too.
***"Even if it is not everything, just few things that you think would be okay to tell me would be nice."***
He finds the situation awkward, yet he still replied, ***"Yes, Mom."*** He decided to rebuilt a new relationship with his mom, light and closer.
***"Mom, can you get me a new pair of sneakers? I lost them."***
Deok-seon and her older sister, Bo-ra, share the same month of birthday, and only three days apart. She made herself clear to her parents that she did not want to celebrate their birthdays together. She wants it separately as her birthday was later than her sister's, and they celebrate it on the day of her older sister's birthday which is unfair to her.
Her sister requested for a new reading glass despite of having a new one, and her only request is to celebrate their birthdays separately. However, becuase of lack of money, their parents have to choose only one request to grant, and they end up choosing Bo-ra's. That is when Deok-seon exploded, not to mention that she is already having a bad day.
Deok-seon has been chosen to become one of the picket girls in the Olympics representing Madagascar, and she is not attending class to practice.
For some reason, Madagascar happen to not attend the Olympics. She is very shocked and mad at the same time for only knowing it just now when she already invested so much time and effort. That is why when she learned that they will celebrate their birthdays together, she got extra mad.
As a middle child, Deok-seon yielded a lot for her siblings.
***"Mom, I want fried egg."***
***"Mom, me too."***
***"I am okay. I do not need one."***
This day, she only wants to be recognized and appreciated.
***"How come you never make me a fried egg? I loved fried eggs. You just give me black beans all the time. I hate black beans!"***
Deok-seon ended up giving a quote...
*This day was not that special of a day. The misery of being the second daughter was always like this, after all. As middle children all over the world know; for the eldest, it was because they are the eldest, for the youngest, it was because they are the youngest that I had to always yield to them. Even so, I thought that my mom and dad were aware of how much I had sacrificed, but that was not the case. In some ways, one's own family is the most oblivious.*
Despite of getting fired being a picket girl, Deok-seon still managed to attend the Olympics to represent different country which is Uganda. Her family and friends were very supportive, and they watched her together with their own respective families.
After the Olympics, Deok-seon's dad surprised her with a cake to celebrate her birthday separately with her older sister. The two of them celebrated her birthday in a mini-grocery store near their block. He also took that opportunity to say sorry for everything that Deok-seon felt, and admit that they were not aware about it.
***"When your sister was born, we were worried about how to teach her. When you were born, we were worried about how to raise you. And when you brother was born, we were worried about how to shape him into a good person. Dads do not automatically become dad the moment you were born. It was my first time being a dad. So, I would like it if you let me off the hook, just this once."***
Deok-seon continued what she was saying...
*...in some ways, one's family is the most oblivious, but what is so important about knowing? In the end, what helps you overcome obstacles is not brains but someone who will take your hand and would not let you go. In the end, that is family. Even for heroes, the people they go back to in the end is family. The home inflicted upon you outside the home, the scars inflicted on you by life itself and even the pain inflicted on you by family, the people who will hold you and stand by you until the end, in the end, it is family.*
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Negligence: Culpa Contractual
In the event of deceit, bad faith, malice, or a willful mindset, the obligor is liable for any penalties that can be adequately due to the failure to fulfill the obligation.
*G.R. No. 164601, 2006-09-27*
Spouses Erlinda Batal and Frank Batal, petitioners, vs. Spouses Luz San Pedro and Kenichiro Tominaga, respondents.
THE FACTS
The spouses Luz San Pedro and Kenichiro Tominaga are the owners of a parcel of land, on which their house was erected. The spouses Luz and Kenichiro then contracted the services of Frank Batal who represented himself as a surveyor to conduct a survey of their lot.
As Luz and Kenichiro wanted to enclose their property, they again procured the services of Frank with an additional fee in order to determine the exact boundaries of the same by which they will base the construction of their perimeter fence. Consequently, Frank placed concrete monuments marked P.S. on all corners of the lot which were used as guides by Luz and Kenichiro in erecting a concrete fence.
Sometime in 1996, a complaint was lodged against Luz and Kenichiro before the barangay on the ground that the northern portion of their fence allegedly encroached upon a designated right-of-way.
Upon verification with another surveyor, Luz and Kenichiro found that their wall indeed overlapped the adjoining lot. They also discovered that it was not Frank but his wife Erlinda Batal, who is a licensed geodetic engineer.
During their confrontations before the barangay, Frank admitted that he made a mistake and offered to share in the expenses for the demolition and reconstruction of the questioned portion of Luz and Kenichiro's fence. He however failed to deliver on his word, thus the filing of the instant suit. In their defense, the defendants-spouses Frank and Erlinda Batal submitted that Frank never represented himself to be a licensed geodetic engineer. It was Erlinda who supervised her husband's work and that the house and lot of plaintiffs, Luz and Kenichiro, were already fenced even before they were contracted to do a resurvey of the same and the laying out of the concrete monuments. The spouses Frank and Erlinda also refuted the spouses Luz's and Kenichiro's allegation of negligence and averred that the subject complaint was instituted to harass them.
THE ISSUE
1. Whether or not the proximate cause of the damage had been respondents' own negligence such that the fencing was done unilaterally and solely by them without the prior approval and supervision of the petitioners.
2. Whether or not spouses Erlinda Batal and Frank Batal are in culpa aquiliana or culpa contractual.
THE RULING
1. No. In concurring with the findings of the Regional Trial Court, the Court of Appeals in addition held that the petitioners cannot claim that the error of the construction of the fence was due to the unilateral act of respondents in building the same without their consent, since the former gave their word that the arrangement of the monuments of title accurately reflected the boundaries of the lot. However, respondents committed negligence. According to article 1172 of the Civil Code of the Philippines, “Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances.” Hence, the petitioners cannot be held liable.
2. Spouses Erlinda Batal and Frank Batal were in culpa contractual. It is clear that the petitioners, in carrying out their contractual obligations, failed to exercise the requisite diligence in the placement of the markings for the concrete perimeter fence that was later constructed. The placement of the markings had been done solely by petitioner Frank Batal who is not a geodetic engineer. It was later discovered that it was not he but his wife, petitioner Erlinda Batal, who is the licensed geodetic engineer and who is, therefore, the one qualified to do the work. Petitioner Frank Batal's installation of the concrete cyclone monuments had been done without the adequate supervision of his wife, Erlinda. As a result, the placement of the monuments did not accurately reflect the dimensions of the lot. Culpa Contractual was governed by the Civil Code, Articles 1170-1174.
The respondents, spouses Frank and Erlinda Batal, committed a culpa contractual which is a mistake or negligence event in the execution of an already established contract that raises the liability from that obligation, and they are solely liable to the inconvenience. The petitioners, spouses Luz and Kenichiro Tominaga, cannot be held liable.
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That part of our book
"Happy memories does not have to be your leash to someone. Do not cage yourself to those memories, let them go, and that will set you free."
It started with *"uy Jennie!"* (`english translation: hey Jennie!`)
**Earlier that day was our dance performance.** I actually know him for half a year back then since we were blockmates but we were not close with each other.
As a shy girl, while dancing, I did not know where to stick my eyes at. I am barely even looking at my friends' eyes because I am afraid I might laugh when I make an eye contact with them. However, in my peripheral vision I can sense him looking at me which made me anxious as I do not want an attention right at that moment. You might say that I am assuming, but no. I tried to scan my eyes in his location and I can say that he is literally staring at me! Luckily I finished the performance neat and peaceful.
After the performance, he started to tease me saying, *"ang galing mo sumayaw"* (`english tranlation: you're good in dancing`). Well, I might say I know how to dance but I cannot say that im good at it, that is why it annoys me hearing him say that.
On the same day of the said performance, after class, my team had a rehearsal for the Cenaculo role playing. Since our class schedule is from 1:00 P.M. to 8:30 P.M., we had a 30-minute rehearsals before going home.
**9:00 P.M.** As I come out of the room we just had the rehearsals at, I heard someone shouting *"Jennie!"*, it's like someone is calling someone by her name. My name is not Jennie, so I did not bother to look back and just continue my thing. I was about to leave the building when someone grabbed my bag enough to stop me from walking, *"uy Jennie!"* he said. Yeah, it was him, my ex boyfriend =.= *"sabay ako"* he added (`english translation: let's go together`). Since im not a rude person, I let him. *"Kanina pa kita tinatawag"* he said, and *"akala ko hindi ako yung tinatawag mo"*, I replied. *"Kamukha mo kasi si Jennie ng Blackpink"* he added (`english translation: I have been calling you; I thought I am not the one you are calling; you look like Jennie of Blackpink that's why`), and I was like 'huh?!' I mean, im not even being humble here but I look nothing like Jennie, I don't see any resemblance or even similarity. So I was like, okay... maybe it is his other way of teasing me.
Same things happen for the next few days...
**Last night of our rehearsal.** Since Cenaculo is one of the hardest role plays among all the groups, it needs a lot more rehearsals. To make the long story short, our group was the last one to leave the building since we rehearsed longer. My friends already left as they were on a different group from mine, and they all went home earlier that us; but surprisingly he is still there, in the lobby.
Im pretty sure we were the last student in our department to leave the buiding. I don't want to assume that he is waiting for me so I walked passed by him. I heard someone said, *"inantay kita"* (`english translation: I waited for you`), so I turned to see who it was, and guess who? Of course it's him, my ex! He is walking behind me. I smiled and waited for him so that we can walk together. I guess I can finally say that it is me he is trying to wait, ehe!
Since my friends already went home, he sent me to the bus terminal, he waited there with me until the next bus arrived.
When its time for me to get on the bus he stood up, smiled, and said "bye", then walked home.
`P.S. I live an hour away from school, and its only walking distance from the bus terminal to where he lives.`
Back then, I really thought he was just playing with me that is why I did not take his gestures seriously. As an ABM student, *"do not assume unless otherwise stated"* is our golden rule and I think I applied it in my life hahaha! I will not assume anything unless you say so.
However, some things started to change; he always come to eat with us, he never fail to send me to the bus terminal after class even though I have my friends with me, he waits for me on the bus terminal to come together to school, we started chatting non-stop during weekends, and every night during weekdays and so on...
Those changes kept on repeating that I get used to it. I never asked him anything about 'us' as I don't want to look pathetic. I was just going with the flow of our status until he, himself, finally said, *"nanliligaw ako ha"* (`english translation: I am courting you`).
He said that straight to my face and I literally froze. I have never experienced someone confess to me like that ever in my entire teenage life. The feelings are new to me that is why I do not know how to handle it. I just froze there and failed to utter a word. I was like a blank page until I arrived home.
After that confession, we started to act like somehow more of a couple, but not quite a real couple. Its just like our actions are becoming more serious than how we used to be, just like how every other couples do. After months of courting, I decided to take another level and become his official girlfriend. I introduced him to my parents and some immediate family, and so as to his. We were legally accepted by both sides.
We would go on movie dates...
Or even convenient store dates...
We like to take photos of each other...
He likes to take photos of me to annoy me...
He probably likes to annoy me everytime.
And he likes to give me flowers.
You see, we started as a happy couple. He built a good relationship with my parents. He is the perfect boyfriend I could ever ask. Not until he does this...
He suspect me over nothing just because I refused to give him my facebook account. My reason is simply because I still want to have my privacy. He gave me his account, now he wants me to give him mine, too. In fact, I did not dare to open his account because I want to respect his privacy, and he expects me to reciprocate. I stand my ground, and did not give my account.
My every move is suspicious to him that I cannot move freely. He keeps on provoking me over something that I did not do. He keeps on doing it over and over until I had enough. I broke up with him for the first time. He tried to win me back, by saying he'll change and I gave him a chance.
For the first few days, I saw the 'change' that he promised. He became less demanding, he became less suspicious of me, he let me breathe for a moment; five, seven days he remains to be like that. Maybe it is just his natural attitude, the real him; that is why it came back naturally and it gets worse.
He started to accuse me of cheating on him.
One of my friends is migrating to US that's why she wants to gather all her girl friends to have a girls night in her house. As a 'loyal girlfriend' I told him about my friend's plan and he immediately state that I just don't want him to come along that's why I said it's a girls night. Ugh!
He would also suspect me of chatting with someone whenever I reply late.
I thought several times, will it be okay for me to really end our relationship? Was my reason of breaking up with him really worth it? Or do I have to wait and hold on for a little bit? I became selfless for once for giving him a second chance, and I guess I won't have to do it twice.
This time, I chose myself.
I have to end a once beautiful relationship with someone for the reason that I have to choose me. I chose to have a piece of mind over the love I have for him back then.
These part of our book was the reason why I had a hard time giving up. I thought that I will never be that happy again if it's not with him. But as days goes by, I learned that you don't have to depend your happiness to anyone, that you can be happy even if it's just you. You can be your own happiness. I learned that loving yourself first is necessary before you enter into a relationship, becuase "loving yourself is the beginning of true love" (Jin, 2020), and that kept me going. Now, I've moved on.
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Lead Image: https://unsplash.com/photos/xjS9YXVFTt4?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 1: https://unsplash.com/photos/_mIXHvl_wzA?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 2: https://unsplash.com/photos/_TGDr3nPLSY?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 3: https://unsplash.com/photos/25hMNOlbFUQ?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 4: https://unsplash.com/photos/JmJ-jDnI88Y?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Possessive: Love or Freedom
Have you ever been in a situation where you still want the person but you have to let go because things are never getting better? That you thought that being together will only cause you no good? Well this article is for you!
Let's take a break from publishing case digests and other school related stuff for a while, and let me share this story of mine. Now, let's get into it.
Every couple started happy, right? From the day that you've met, the courting stage, to becoming couples just feels so magical. Of course there will be small fights. But what will you do if it starts to get worse? Will you still continue your journey as a couple even if it means that you will not grow together?
Well, for me, I chose to end an almost a year relationship.
There is actually one reason why I am against courting, that is because *some men* will only show their positive side, and then surprise you with their real side afterwards. Though I’m not generalizing it, but *some men* will make an effort to you during the courting stage, but will refuse to do it when you are an official couple, same as to their attitude. Again, not generalizing, but they will only show you their positive attitude and show their real attitude once became a couple.
I am not an I’ll-keep-you-updated type of girl. I will not tell you what I am doing or about to do unless it is very important for you to know. I’m not into ‘Im done eating', but I’m into 'got home safe' texts. I’m just not the type of person to say every little detail of me.
I also don't want anyone to have an access in my mobile phone or to any of my social media accounts not because I am hiding something, I don't cheat, but because I respect privacy. Respect is necessary when you are in a relationship. Your privacy as a person is something to be respected.
At first, we were okay with that set up, like he is not even complaining about it. However, after becoming a couple, he started to become demanding to my time, attention, basically all of me; and those characteristics I mentioned that I am not are exactly what he is, very opposite of mine. He should be updated to whatever I do or wherever I go. I should tell him whenever I have to meet my friends and probably ask for his permission, he will be mad when I meet someone without informing him. I can’t barely even meet my friends because I’m afraid it will only lead to misunderstanding later on. He became possessive and is literally controlling me. Though the more he keeps on demanding, the more I refused to do so; and we keep on quarreling non-stop. I just can't see an acceptable reason as to why he was doing that.
That is when I decided to end our relationship, to choose my freedom over him; and for me, that is one of the best decisions I ever had. I thought that our relationship is not helping us to grow, that it is only causing us no good. Our separation brought me pain, of course. We still had the best times together, and those were the things that kept me wanting to stay with him for months. But it will not change the fact that I am being controlled by him. I mean, it is never a bad idea choosing yourself, right? Yes I love him, but I have to love myself more.
I managed to think with my head not the thing in my chest, and I am proud of myself, indeed.
Some will say that being possessive is a sign of love. But for me, possession is only invading privacies and taking your partner's freedom. Being afraid of losing someone is never an invitation for you to become possessive as it might be the reason why your partner will leave you. Past experiences are never an invitation, too. Bear in mind that every person is different in their own ways, some might leave you without any just cause, and some might leave you because of something you do. It is important to be aware of the things that you went wrong and reflect from it. This goes for both men and women...
To those people who are in the same situation with how I was, choose you. If you think it is not worth fighting for, might as well end it. You can’t change someone if he is not willing to change himself . You can’t correct someone who doesn’t see anything wrong to what they are doing. Choose your battle. Remember that what you are facing right now is your choice. Self-love is important so, choose you, love you, for you.
How about you? Will you do the same as I did? What is your stand when it comes to this kind of situation? Let me know in the comments! Opinions, criticisms, advices are open :)
Thank you for reading up until now!
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Get to know me more by reading this article of mine, https://read.cash/@chikoritaa/onto-the-other-side-f39656be
My other articles:
Banking and Financial Institutions in the Philippines Today
Part 1: https://read.cash/@chikoritaa/banking-and-financial-institutions-in-the-philippines-today-16bbd43a
Part 2: https://read.cash/@chikoritaa/banking-and-financial-institutions-in-the-philippines-today-part-2-b4f7f74b
Part 3: https://read.cash/@chikoritaa/banking-and-financial-institutions-in-the-philippines-today-part-3-684b3161
About Case Digest...
https://read.cash/@chikoritaa/how-do-i-make-a-case-digest-steps-tips-things-to-remember-1f32dc70
https://read.cash/@chikoritaa/default-mora-solvendi-91e011d8
https://read.cash/@chikoritaa/gr-no-174269-2009-05-08-6fbf404d
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Here are the links of the images I used:
Lead image: https://unsplash.com/photos/h5xANSOT2qY?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 1: https://unsplash.com/photos/DzgRvB-4Lrk?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 2: https://unsplash.com/photos/OLLtavHHBKg?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 3: https://unsplash.com/photos/CLSRxisaf7E?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 4: https://unsplash.com/photos/r2nJPbEYuSQ?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 5: https://unsplash.com/photos/GJsyfWI2XQ0?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
How do I make a case digest? (steps, tips, things to remember)
A written description of the case is known as a case digest or case brief. Several issues can be present in a situation. Separating one issue from another and learning how the Court handled the issues in the case would benefit the student.
A full text of the case can have at most one hundred (100) pages. That is the reason why we need to make a summary of it, and the summary now is called the case digest. These case digest are actually a short version of jurisprudence. Jurisprudence are those cases already decided by the Supreme Court; they use it as bases for their future decisions. The court is adherent, they follow the decisions of the previous cases if, as much as possible, they are the same.
Today, I’m going to show you how I make a case digest.
**Step 1:** *Read the full text comprehensively.*
Probably it is the most important one. Case digest is a summary of a case; of course, you cannot summarize a case without reading and understanding the full text. So you have to read the entire case before you make a case digest.
**Step 2:** *Identify the three (3) important parts of the case; the fact, the issue, and the ruling of the court.*
**Fact**. This is the story of the case, or the history why the case exist. In this portion of the case digest, you are going to tell the antecedent events, remember that the facts are specific according to the full text. If you are going to make a case digest, then you have to summarize also the facts.
An example of the facts should be: A entered into a contract with B. They stipulated in their agreement that A will pay B by the end of the year, A failed to pay B.
You will only have to provide the important facts that will support your issue. You don’t need to specify everything like the time, date, places, etc. unless otherwise needed.
**Issue***.* This is the question/s that the side of the petitioner or victim, respondent or suspect, or the Supreme Court wished to be answered, of course in accordance with our laws in the Philippines. There are a lot of issues that will be mentioned in the full text; however, you just have to choose which one to use for your case digest related to your facts.
There are different types of laws such as civil law, criminal law, statutory construction, etc. and sometimes they are all present in the full text of the case. My advice would be, “choose an issue that is related to your subject”. Our professor gave us cases with issues related to our topic, in that way, it is easier for us to identify the issues to choose and put on our case digest, because it should be in line with our topics in our subject.
An example of this should be (related to the provided fact): Whether or not A committed a breach of contract to B.
How to identify an issue? There are cases where the issues are already specified, like you can see it instantly. You can see a text like, “the petitioner raised the following issue…” it gave the issue already. However, there are some issues that are implied only in the case, it is not stated. You can identify an implied issue by reading the ruling of the court. By reading the ruling of the court, you can easily identify the issue because they will be discussing it repeatedly. There are two types of stating the issue, (1) Whether or not (example: Whether or not A committed a breach of contract to B.); and (2) stating the issue in a question form, (example: Did A committed a breach of contract to B?)
**Ruling**. This portion of the case digest will obtain the decision of the court, whether they dismissed the petition, they dismissed the case, they grant the petitioner, etc. To be honest, this part is easy because it is specified in the latter part of the full text. You just have to summarize the ruling and put it on your case digest. Remember to put the basis of the court and the reason why the court ended up in that decision. To justify the court’s decision, you will have to mention and apply a law. (example: according to the Article *** of the constitution…)
MY TIPS:
Read the full text comprehensively.
Try to tell the story of the case, your case digest is exactly how you understand it.
Disregard the parts of the full text that which give you a reference to previous cases or jurisprudence. (example: In accordance to...; People of the Philippines vs...)
THINGS TO REMEMBER:
There is no perfect case digest. Every digest contains different issues.
You can read and rely on the full text case provided by Lawphil. (https://www.lawphil.net/)
So, those are the important parts of the case digest. I hope you learned something from this article!
Disclaimer: I am not a professional in this field yet. I am sharing only the knowledge from the experience I get while making a case digest.
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Related links:
https://read.cash/@chikoritaa/default-mora-solvendi-91e011d8
https://read.cash/@chikoritaa/gr-no-174269-2009-05-08-6fbf404d
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These are the links of the images I used in this article:
Lead image: https://unsplash.com/photos/ABAmxzlot8E?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 1: https://unsplash.com/photos/6sl88x150Xs?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 2: https://unsplash.com/photos/hPKTYwJ4FUo?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 3: https://unsplash.com/photos/OkZ59BcCtDo?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 4: https://unsplash.com/photos/tVkdGtEe2C4?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 5: https://unsplash.com/photos/veNb0DDegzE?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 6: https://unsplash.com/photos/UhpAf0ySwuk?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Banking and Financial Institutions in the Philippines Today (part 3)
Yes, you’ve read the title right! Even I, myself, cannot believe that there will be a part 3 of this. I guess you know that I am not joking when I said that I have literally A LOT, haha! I’m not even complaining ^o^
This will be the last part of this trilogy, don’t worry. Please bear with me hihihi! So, here it goes!
Question #16: *What is bouncing check, and does it occur?*
Bouncing check is when the amount you want to withdraw is not enough for the amount you have in your bank account. It is a type of check that can't be processed. For example, you have a balance amount of P500, 000 in your bank account today. The next day, you promised to pay your friend of the debt you have months ago, amounted to P250, 000, and issued a check valid for the next day. On the same day, you withdraw P300, 000 to pay all your monthly expenses in total. By the time that your friend withdraws the money, the fund you have in your account is insufficient, and that is called the bouncing check.
Question #17: ***According to International Financial Group, the most trusted industry in the Philippines is banking industry. Do you agree to this statement?***
Yes, I agree to this statement of International Financial Group. When employed in a banking firm, suspicion and integrity are the key requirements. It is necessary to build the trust needed to succeed in any banking system. Bank employees are aiming to gain people's trust to attract more clients and to make them feel more secured when they are handling their money. For example, if you want to hand your money in a bank, you will choose a bank that has a good reputation in terms of banking. You wouldn't want to hand your money in bank that has an issue and is connected to any scandals.
Question #18: *All banking and financial institution in the country are highly supervised by the Bangko Sentral ng Pilipinas. Explain.*
The government needs to ensure that banks exercise their obligations in the best interests of their clients. Banks in the Philippines are being supervised by Bangko Sentral ng Pilipinas to oversee if they are following the rules and regulations. If a bank does something wrong that is not acceptable in terms of banking, there is a possibility that it will result to a banking failure. For example, if people's money is entrusted to a bank, their mishandling will lead in a bank failure. People's trust will be lost, and this will have a negative effect on the community, which is why it should not destroy people's trust in banks.
Question #19: ***Based on bank regulations, banking business are prohibited to bank holiday. What is bank holiday?***
Bank holiday is a business day on which financial services are closed. According to bank regulations it is prohibited, the following are the possible reasons why:
Promoting and sustaining a stable and successful banking system that is internationally competitive, diverse, and sensitive to the demands of a developing economy is the policy of the government.
Banks are increasingly responsible for handling wire transfers, such as direct payroll withdrawals, internet bill payments, insurance payments, and numerous other transactions.
Employees in various companies rely more heavily on holidays to transfer, withdraw, and spend money, because that is their only free time.
Banks are needed mostly during holidays for our demands and for emergency purposes. For example, during holiday you go for a vacation and you forgot to pay the parcel you ordered a week ago. You can pay it by using bank transfer. A bank transfer is when money is transferred to another from one bank account. It is faster and easier to move money from your bank account than to withdraw and pay in cash.
Question #20: ***Discuss the four (4) requisites in disclosing information of bank deposits or known as Secrecy of Bank Deposits or R.A. 1405.***
Written approval or written consent of the depositor. The waiver must be issued voluntarily, consciously and with adequate knowledge of critical circumstances and consequences.
It can be disclosed if the information is under the cases of impeachment.
If the court also makes an order that information on bank deposits is subject to bribery and dereliction cases.
On a judicial order in cases where the money earned or spent is the topic of litigation.
Question #21: *Discuss the importance or objectives of R.A. 3765 to creditor and debtor.*
The Truth in Lending Act, or R.A. 3765, is designed to protect everyone from a lack of knowledge of the true cost of credit to the user by maintaining full transparency of such costs with a view to avoiding uninformed use of credit to the disadvantage of the national economy.
Question #22: *Discuss the objectives of PDIC in relation to bank operations in the country today.*
One of the primary objectives of the Philippine Deposit Insurance Corporation (PDIC) is to promote and secure the interests of the public by providing permanent and continuous insurance coverage of all insured deposits. The goal of the PDIC is also to enhance the mandatory deposit insurance coverage program to create, sustain and retain confidence and trust in the banking system of the country and to protect it from illegal schemes and manipulations.
Question #23: ***Enumerate and discuss the three (3) good characteristics of negotiable instruments and their importance to individuals, business owners, and government.***
**Property**. It is assumed that the rightful owner of the negotiable instrument is the owner of the property found therein. A negotiable instrument does not merely give the instrument ownership, but also the right to property. The property may be exchanged without any formality in the negotiable instrument. In the case of a bearer instrument, the property was transferred to the transferee by mere transmission. In the case of an order instrument, the transfer of the properties involves endorsement and delivery.
**Title**. In due time, the ownership of the property of a negotiable instrument is known as the holder. A legitimate value transferee is not impaired by any title defect on the part of the transferor or any of the instrument's previous holders. This is the main difference between a negotiable instrument and other ordinary transfer subjects.
**Rights**. In the case of dishonor, the transferee of the negotiable instrument may sue on his own behalf. It is possible to transfer a negotiable instrument any number of times until it is at maturity. The holder of the instrument must not provide a notice of transition to the entity responsible for the paying of the instrument.
Question #24: *Enumerate and discuss the 5C’s of credit.*
**Character**. Although it is called character, it specifically means credit history or the credibility of a creditor or track record for repaying debts. This information exists on credit reports for the creditor. Credit reports issued by the three major credit bureaus provide detailed information about how much a borrower has lent in the past and whether debts have been repaid on time.
**Capacity**. Capacity tests the willingness of the borrower to pay back a loan by comparing earnings against recurring loans and measuring the debt-to-income ratio of the borrower. Lenders measure debt-to-income by combining the total monthly debt contributions of a borrower and dividing them by the gross monthly income of the borrower; the lower the debt-to-income of a borrower, the higher the chance of qualifying for a new loan.
**Capital**. Lenders often consider any capital that the creditor brings in the path of a possible investment. The chance of default is minimized by a large contribution by the creditor.
**Collateral**. A creditor can help protect loans via collateral. It gives the lender the assurance that the lender will get everything back by repossessing the collateral if the borrower fails to pay. Sometimes the collateral is the item on which one borrows the money. Collateral-backed loans are often referred to as secured loans or secured debt for this reason.
**Conditions**. The terms of the loan, such as its interest rate and principal amount, affect the willingness of the lender to support the borrower. Conditions may refer to how the money is supposed to be used by a creditor.
Question #25: *Explain why BSP conducted annual bank examination or audit to all banking institutions in the Philippines.*
The explanation why Bangko Sentral in Pilipinas (BSP) is conducting an examination or audit of all banking institutions in the Philippines is to determine if banks are doing business in line with the laws of the banking sector and the laws of the central bank and other government agencies. Any misconduct by the banks will lead to their imminent closure or at least, to the reprimand of the supervisory agencies. Another goal is to assess the financial existence of the bank. The examiners should assess that the bank has tested its own assets, that the properties are good; that the properties are precisely priced on the accounts and that they are of acceptable quality. Examination and supervision shall be carried out to ensure that the banks are safe and effective for the public. Infringements will lead to the closing of the bank. Also, to assess how well the bank is financially stable. To know if the bank's funds are very well valued and properly valued in books. Examination is mostly for the detection of inappropriate and unsafe practices and the provision of alternatives or solutions for those practices, to be carried out to preserve discipline on the part of the banks. However, such an examination would not require a thorough audit and thus the examiners cannot be held liable for the accuracy of the books and records or the claims issued by the banks. To include solutions or reasons for those practices, the examination is all about identifying risky and harmful procedures. The examination thus achieves the aim of maintaining discipline on the part of the banks. It does not, however, include the more serious problems of fraud and embezzlement.
Since this part of the trilogy is the compilation of both of our midterm exams and final exams, our teacher instructed us to provide a plagiarism check to know if our answers are totally copy pasted or not, that the answers we provided is based only on what we learned during the whole semester. Percentage of its uniqueness that is lower than 75 percent will not be accepted.
I guess this will be the last part of this series hihihi! Thank you for reading! :)
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The link of the lead image that I used: https://unsplash.com/photos/eYZpTMc7hno?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
G.R. NO. 174269, 2009-05-08
An obligation is an act or course of action to which an individual is morally or legally obligated.
As a credit card provider, you are the creditor as to which the credit card holder or debtor is obliged to repay to. However, things might change if the credit card holder starts to use the credit card. The credit card provider is now the debtor which is obliged to perform its obligation, to approve or disapprove the purchases in a matter of seconds, and the credit card holder becomes the creditor. If the credit card provider committed a breach of its obligation, or if they fail to do what they supposed to do, the law will never sleep on them.
The below case is about a credit card provider who failed to fulfill his obligation to the credit card holder. Let me share with my knowledge about how the law will take place in case of this event emphasizing the facts, the issue, and the ruling of the court.
Polo S. Pantaleon vs. American Express International, Inc.
THE FACT
The petitioner, lawyer Polo Pantaleon, his wife Julialinda, daughter Anna Regina and son Adrian Roberto, joined an escorted tour. In the last day of the tour, the group arrived at the Coster Diamond House in Amsterdam; they were led to the store’s showroom to allow them to select items for purchase. Mrs. Pantaleon purchased a diamond, a pendant and a chain, 3 all of which totaled $13,826.
Pantaleon showed his American Express credit card and passport to the Coster sales clerk to pay for his transactions. The sales clerk scanned Pantaleon's credit card and asked him to sign the charging slip. The store clerk told Pantaleon ten minutes later that his AmexCard had not yet been accepted. His son, who had already boarded the tour bus, returned to Coster shortly after and told the other Pantaleon family members that the whole tour group was waiting for them. Pantaleon, still concerned about causing more disruption to the tour group, asked the store clerk to postpone the deal. The shop manager, on the other hand, requested that he wait a few minutes longer.
The store manager told Pantaleon after 15 minutes that the respondent had requested bank references. Pantaleon gave his depositary banks' names, then told his daughter to get back on the bus and apologise to the tour group for the wait. Coster agreed to release the purchase 45 minutes after Pantaleon showed his AmexCard and 30 minutes after the tour party was due to leave the shop, despite the fact that the respondent had not approved the purcgase. Pantaleon's spouses boarded the bus again.
Before returning to Manila, the Pantaleon family traveled to the United States. Pantaleon continued to use his AmEx card while in the United States, and did so many times without issue or delay, although there were two other events that were close to the Amsterdam incident. Pantaleon used his AmEx card to buy golf equipment, but he later canceled the transaction and borrowed money from a friend after waiting more than 30 minutes for the order to be authorised. Pantaleon used the card to buy children's shoes in a Boston store, and it took respondent 20 minutes to authorize the transaction.
Pantaleon submitted a letter to the respondent by counsel after returning to Manila, requesting an explanation for the pain, shame, and embarrassment he and his family had endured as a result of the respondent's failure to offer credit permission for the aforementioned transactions Respondent sent a letter in response, explaining, among other things, that the delay in approving the transaction from Coster was due to the fact that the charged purchase was outside of the defined charge purchase sequence. Since the respondent failed to comply with Pantaleon's appeal for an apology, the aggrieved cardholder filed a lawsuit for damages in Makati City's Regional Trial Court, Branch 145. Pantaleon demanded that he be paid for moral and punitive damages, as well as attorney's compensation and legal costs.
The Regional Trial Court had concluded that the usual approval period for sales was a matter of seconds, based on Pantaleon's and respondent's credit authorizer, Edgardo Jaurigue's testimony. According to that criterion, respondent was clearly behind on the three transactions at issue. The Court of Appeals seems to have acknowledged that respondent had been slow in approving the sales. It did, however, draw two main conclusions in favour of the respondent. First, the appeals court found no evidence of bad faith, malice, or criminal incompetence in the delay. Second, it found that respondent had made conscientious efforts to have the transactions approved, despite the fact that they were not in compliance with the charge pattern petitioner had developed for himself, as shown by the fact that at Coster, he was making his first major single charge transaction, and the evidence of petitioner's previous expenses with respondent at the time does not justify his ability to make such a purchase.
THE ISSUE
1. Whether or not respondent, in connection with the aforementioned transactions, had committed a breach of its obligations to Pantaleon.
RULING
1. Yes, American Express International, Inc. had committed a breach of its obligation to Pantaleon. The defendant admitted that the average acceptance time could be three or four seconds. Especially with cards used overseas, which necessitate special treatment, i.e., priority. The defendant's negligence was evidently accompanied by unjustified indifference and bad faith. It is, however, stated in Civil Code, Art. 1170 that “Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages”
There are two types of moras mentioned in this case; mora solvendi (debtor’s default) and mora accipiendi (creditor’s default). The Court of Appeals, on the other hand, had applied the theory of mora accipiendi incorrectly, which refers to the obligee's hesitation in approving the obligor's fulfillment of the duty. We can see how deciding which kind of mora to enjoy may be a source of uncertainty. In general, a credit card provider's arrangement with its cardholders is that of borrower-debtor, with the card issuer acting as the creditor, issuing loans and credit to the cardholder, who, as the debtor, is responsible for repaying the creditor. This arrangement already deviates from the general concept that the bank is the debtor and the depositor is the creditor when it comes to a bank and its depositors. We can finally see that the credit card provider as debtor which is obliged to approve or disapprove the purchase caused a delay and were in default.
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Image 5: https://unsplash.com/photos/9uMfsMmdkSk?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Banking and Financial Institutions in the Philippines Today (part 2)
This article is just a continuation of the previous article that I published yesterday. If you have not read it yet, you can visit my account and read my other articles. I hope you learn something from it!
Now, let’s get back to the forum!
Question #9: ***Accepting gifts, fees, and commissions or any other remuneration in connection with the approval of the loan and other credit accommodation from banks is a highly prohibited transaction to Bank board of Directors, Officers, and Employees. Explain.***
Accepting gifts, fees, commission, or any other remuneration from a client is highly prohibited. Aside from it is unethical, it will also affect the bank’s integrity. When you are working in a bank, it is natural to secure other people’s money, accepting any kind of remuneration is like a bribe for an extra service.
Question #10: *Discuss the purposes of the examination and supervision of banks by the Monetary Board.*
The aim of the examination is to determine if banks are doing their business in compliance with the laws of the banking industry and the laws of the central bank and other government agencies. Any wrongdoing by the banks will lead to their imminent suspension or, at least, the supervisory agencies' reprimand. Another objective is to determine how financial the bank is. The examiners should determine that the bank has checked its own properties, that property titles are fine, that the properties are priced accurately on the accounts and that they are of acceptable quality. However, such an examination does not mean a full investigation and, thus, examiners cannot be held responsible for the quality of the books and documents or of the banks' published statements. To provide remedies or explanations for those procedures, the examination is all about finding unsound and dangerous procedures. Thus, the examination achieves the goal of ensuring discipline on the part of the banks. It does not, though, go through the more extreme topics of fraud and embezzlement.
Question #11: *Discuss the programming controls to have an effective audit and control system in banking institutions.*
(1) Embezzlement- Theft or misappropriation of funds put into or belonging to one's employer under one's trust. Where the employee is responsible for taking care of the finances of someone else yet deliberately uses the money for an unwanted reason.
(2) Peculation- This relates to embezzlement, misappropriation, defalcation, misconduct, burglary, assault, thievery, coercion, deception or stealing of one's money or assets. An individual who is identified with any of these is referred to as a speculator.
(3) Examination- This happens to ensure that the activities of every bank are secure and effective. External monitoring comes from government departments and is not associated with the administration of the bank in any way. Interior monitoring, on the other hand, are carried out by people within the administration of the bank. Bank officers and employees are kept on their toes by regular monitoring and occasional trips, to make sure their banks are in order.
Question #12: *Discuss the causes of peculation.*
(1) Gambling- The practice of playing a game that allows you the opportunity to win a greater sum of money or other prizes whether you lose money or valuable stuff.
(2) Pride and Envy- Some people believe that if anyone performs better than they do, they'll be frustrated to the extent they want more, then they'll do some bad things to get what they want.
(3) Keeping Beyond One’s Income- Because of their desires, people waste their money above their incomes because they want to keep up with their wealthier peers, which causes them to do bad things.
(4) Unsound Salary Policies- When the employer has not offered what the employee deserves to earn because of the employer's irresponsibility. Workers appear to do bad things when the income that they earn is not enough for the service they perform.
(5) Poor Employee Relations- They will become a threat to the organization because the employee feels unsafe or they feel worse because of how their superiors treat them.
(6) Immorality- People are often challenged by temptation that can force them to do bad stuffs. People who work in a bank are mostly tempted by the money they handle every day that certain employees lead them to do sinful things.
Question #13: *Discuss the three types of bank reports.*
(1) Condensed Bank Statement. This is generally provided for publication or submitted to depositors and shareholders as a way of presenting them with an ability to analyze the financial status of their individual bank. The pace of publication would focus on the criteria of the supervisory and regulatory agencies. Stockholders shall send reports annually, either in writing or orally.
(2) Real Bank Statement. This statement is generally made in a more detailed manner and is prepared by regulatory and supervisory agencies. It is also the basis for the preparation of additional papers. In addition, bank management is appropriately directed and will thus behave accordingly as it is aware of the specifics of banking operations.
(3) Annual Reports. This is generally in the shape of a brochure. Such a publication shall be made open to the general public as a form of publicity. Although there is no uniform or structured reporting structure, such records do provide "focal points" in the development of the bank. The addition of a new building, the creation of divisions and the like can be emphasized in the brochure by means of "write-ups" or pictorial reporting. The income statement, as well as the reconciliation of the capital account of the bank, can also be included.
Question #14: ***What is the bank statement? Discuss its importance to bank client and bank operation.***
The bank statement helps to underscore the status of the bank on some occasions. It would also be a smart idea to analyze and attempt and grasp its contents. Although there is no clear and quick guideline on accuracy and reporting patterns, most bank accounts contain assets and liabilities. It indicates whether the bank is liable for the money of the account holder. Bank statements are a wonderful way to help clients manage their assets. They will help clients monitor their accounts, detect mistakes, and understand spending trends.
Question #15: ***What is bank liability?***
Bank liability is the other side of the bank statement. Bank liabilities are the obligations acquired by the bank. If bank clients deposit money into a bank account, savings account, or deposit certificate, the bank deems these deposits to be liabilities.
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These are the links of the images that I used:
Lead image: https://unsplash.com/photos/eBWzFKahEaU?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 1: https://unsplash.com/photos/HQ4EpjGJ7Yo?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 2: https://unsplash.com/photos/JCfQNQ-EuGI?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 3: https://unsplash.com/photos/uAFjFsMS3YY?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 4: https://unsplash.com/photos/tQQ4BwN_UFs?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 5: https://unsplash.com/photos/77B-3XoBc4M?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 6: https://unsplash.com/photos/5fNmWej4tAA?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 7: https://unsplash.com/photos/RJQE64NmC_o?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Banking and Financial Institutions in the Philippines Today
Last semester, our Banking and Financial Institution instructor gave us a bunch of online forums to answer. When I say bunch, that means a lot that I think I can do a part two of it, haha! After I posted all my answers on our facebook group page, I made a soft copy of it and compiled them in a folder. I refused to delete it because I thought maybe one day I will need it.
Today in this article, though I’m not sure if it’s a hundred percent correct, let me share my answers that I think will make sense and acceptable. So, here it goes!
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**Question #1:** ***Define Bank in legal terms.***
A bank is a financial institution licensed to receive deposits and make loans. Banks may also provide financial services such as wealth management, currency exchange, and safe deposit boxes.
**Question #2:** ***Give at least 2 importance of banks in developing the economy.***
(1) They provide vital services for both consumers and businesses. As financial services providers, they give you a safe place to store your cash. Through a variety of account types such as checking and savings accounts, and certificates of deposit, you can conduct routine banking transactions like deposits, withdrawals, check writing, and bill payments. You can also save your money and earn interest on your investment.
(2) Banks also provide credit opportunities for people and corporations. The money you deposit at the bank—short-term cash—is used to lend to others for long-term debt such as car loans, credit cards, mortgages, and other debt vehicles. This process helps create liquidity in the market—which creates money and keeps the supply going.
**Question #3:** *Discuss at least 2 values of BSP.*
(1) Solidarity- Performing with team spirit; acting and thinking as one in the pursuit of common goals and objectives.
Example: When working on a company, unity is required because you are not only working for yourself, but for the benefit of the business. To think that you are working for a common goal, you should learn how to communicate with each other and be open to everyone's opinion.
(2) Accountability- Taking full responsibility for one’s or group’s action.
Example: If you are an accountable person, your responsibility is to recognize your duties and the implications or result of your company’s job
Question #4: *What are the major functions of BSP?*
**Liquidity Management***.* The BSP promotes and applies monetary policy to regulate money supply according to its primary target of preserving market stability.
**Currency Issue.** The BSP is the only bank that has the authority to produce the national currency guaranteed by the Philippine Government and is valid to pay the debts of the public and private sectors.
**Lender of Last Resort.** For liquidity purposes the BSP offers discounts, loans, and advances to other banks.
**Financial Supervision.** The BSP regulates banks and maintains administrative power over quasi-banking activities undertaken by non-bank institutions.
**Management of Foreign Currency Reserves.** To retain the financial stability and convertibility of the Philippine peso, the BSP aims to sustain adequate international reserves to satisfy all expected net demands for foreign currencies.
**Determination of Exchange Rate Policy.** The BSP decides Philippines' exchange-rate strategy. The BSP is currently adhering to a market-oriented foreign exchange rate strategy, in such a way that BSP's task is primarily to ensure orderly market conditions.
**Other Activities.** The BSP serves as the country's lender, financial adviser and official depository, its political subdivisions and instruments, and companies owned and operated by the government.
Question #5: *Why does the state supervises banks?*
One of the many reasons why the state supervises banks is that the capital of others is entrusted to banks. The mismanagement can lead to long-term negative economic impact. Therefore, banks must not lose people's trust. The state also wishes to ensure that banks exercise their duties in the best interests of their customers through the fair and effective execution of their duties. This will keep the banks from causing any unjust accidents that may cause economic catastrophe.
Question #6: *Differentiate government banks to private banks.*
Government banks or public sector bank is a bank of which a large majority of the shares are owned by the government. The government governs and oversees the operation of the financial body in nationalized banks. While private banks are owned more by private companies, businesses, institutions, or individuals than by government. Private promoters own and operate those banks. The government owns more than fifty percent of the shares in a public sector bank. Fees and costs for the public sector banks are less so on balance management. Many public-sector banks continue to follow up on their business offers. For government employees, primarily public sector accounts are opened for their pensions, fixed deposits, lockers, etc. Compared with their counterparts in the private sector, their client base is still comparatively broad since they have been in the market for a long time and have continued to build customer trust. Meanwhile in private banks, a portion of their interest belonged to private owners, including companies and individuals. Private sector banks have made names in delivering decent quality, but they are charged for the additional facilities they offer.
Question #7: *Explain why suspicion and integrity in the highest level are the primary qualification requirements in the banking business.*
Suspicion and integrity are the primary qualification when working in a banking business. It is important to create the trust required for any banking system to succeed. People trusted their money to the bank because they feel secured when banks are handling their money, plus the interest that they will get. It is the responsibility of the banks to secure people’s money, and that is where suspicion and integrity takes place. When working in a baking business, you should provide the most accurate information your company has, and let the client decide whether they want to hand their money or not. You should not falsify your statements to the clients and as well as to the business. Eventually, banks go bankrupt as corruption and dishonesty reign.
Example: It is important to avoid making false entries in bank reports, as it will lead to unbalanced data that will affect the operation of the business as a whole.
Question #8: ***One of the requirements to bank board of directors shall own at least one share of capital stocks of the corporation in which he/she is a director and as mandated by the BSP. Explain.***
The banks’ board of directors shall have at least one (1) share of capital stocks as it is mandated by the Bangko Sentral ng Pilipinas (BSP). Banks board of directors shall be knowledgeable on how the bank runs, by owning at least a share of stock, and also they need to help the bank raise income.
That will be it for this article. I still have a lot more of it, and I'm planning to publish it all. Please bear with me hihihi :)
Have a great day ahead!
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Here are the links of the images I used
Lead image: https://unsplash.com/photos/w8uU35aGU6A?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 1: https://unsplash.com/photos/mk7D-4UCfmg?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 2: https://unsplash.com/photos/6AQY7pO1lS0?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Image 3: https://unsplash.com/photos/ir5MHI6rPg0?utm_source=unsplash&utm_medium=referral&utm_content=creditShareLink
Default: Mora Solvendi
In this article, I decided to share with you my digest about a specific case. I will also be tackling about a specific Article in the Civil Code of the Philippines and how it should be applied. Although I am not a professional in this field yet, allow me to share my knowledge about the Law on Obligations and Contracts.
The below case is about Selegna Management and Development Corporation as the petitioner vs. United Coconut Planters Bank as the respondent. Let me show you the facts, the issue, and the ruling of the court.
**G.R. No. 165662, 2006-05-03**
Selegna Management and Development Corporation vs. United Coconut Planters Bank
THE FACT
Respondent United Coconut Planters Bank issued a credit facility to petitioners Selegna Management and Development Corporation and spouses Edgardo and Zenaida Angeles. Petitioners executed real estate mortgages over many parcels of land and condominium units as security for this credit facility. Petitioners were also asked to sign a promissory note in favor of respondent if they used the credit facility. They paid the interest in monthly installments, as required by the terms of these notes. The parties agreed in their Credit Agreement that failure to pay any availment of the accommodation, interest, or any other sum due shall constitute an event of default, allowing respondent bank to proclaim all outstanding availments of the accommodation, plus accrued interest, and any other sum payable, as immediately due and payable.
Petitioners secured an increase in their credit facility from UCPB in order to procure additional business capital. They signed a Promissory Note for this purpose. In the same note, they agreed to a yearly interest rate of 21.75 percent, payable in monthly installments.
Respondent sent petitioners a demand letter confirming that they failed to pay interest amortizations and asking them to pay the outstanding obligation. Respondent decided to invoke the acceleration provision in their credit agreement and, by counsel, relayed its move to petitioners demanding them to pay within 5 days from the day that they received the letter. Respondent sent another letter containing a final demand on petitioners to settle their past due obligation in full within 5 days of receipt of the letter. In response, petitioners paid respondent a partial payment of the accrued interests. Apparently unsatisfied, UCPB applied for extrajudicial foreclosure of petitioners’ mortgaged properties. When petitioners received the notice of extra judicial foreclosure sale, they requested UCPB to give them a period of sixty days to update their accrued interest charges; and to restructure or, in the alternative, to negotiate for a takeout of their account, but the Bank denied petitioners’ request.
THE ISSUE
Whether or not petitioners were in default.
THE RULING
Yes, petitioners were in default. It is a well-established legal principle that foreclosure is appropriate when debtors fail to pay their obligations. In fact, the parties agreed in their credit agreements, mortgage contracts, and promissory notes that respondent had the authority to foreclose on the mortgages in the event of petitioners' default. It is undeniable that this authority was given. Mora solvendi, or debtor's default, is described as a delay in the execution of an obligation caused by the debtor. A discovery of default requires three prerequisites. First, the duty is demandable and liquidated; second, the debtor delays performance; and third, the creditor allows the debtor's performance judicially or extrajudicially. All of which were done by the petitioners. It is, however, stated in Civil Code, Art. 1169, paragraph 1 that “Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.”
So, that is it for this article guys! I hope you learned about this case and how the law take place in terms of this situatuion. As long as you have an agreement, written or not, you have to perform your obligation with good faith.
Thank you for reading! :)
Onto the other side
So, this is my first article to ever write in read.cash! I am new to writing articles that is why I am a bit awkward with my compositions.
I'll start with me introducing myself, get to know me more, and enjoy reading!
Hi, I am Arianne, 19, Filipino, kpop fan, kdrama addict, k-enthusiast. Basically, I am everything that has K in it, lol!
I have been a fan of Korean culture for almost 5 years now. It is funny because I used to be a hater of kpop, as a whole. I used to say kpopangit and get irritated whenever I hear kpop songs, but now I can't get it out of my system. I now listen to korean songs, sing and dance with it, even watch kdramas, and patronize kproducts just like every other k-enthusiast do. There are only three things that I can't do for now; buy merch, attend concert, and go to Korea. The rest of the things that a k-addict would normally do, it did it all.
However, aside from fangirling, there are two recreational activities that I really enjoyed a lot. First is hiking and the next one is surfing. I like mountains and beaches, that's why. So, continue reading and let me show you my other side.
That photo was taken last June 2020. I hiked two days after my birthday together with my cousin and some acquaintances. It took two long hours of hiking before we finally get to see the clear, cold, and clean water falls, not to mention that we got lost several times, that's why it added to the time we consumed and delayed the time of our arrival in our destination.
Isn't it a refreshing view? Imagine, after how many months of being caged in our house, we get to see this. The cool and at the same time warm breeze that comes from the trees, the view of nature that is indeed breathtaking gave me healing.
Though there are 3 falls in there (in the mountain) we decided to settle in the second highest falls, contradicting to our original plan which is to stay on the highest. I mentioned earlier that we got lost right? That explains why, lol.
My first surfing, on the other hand, was December 2019. I can't forget how thrilled I was that day. I can't forget how the waves push me through the seashore, how my back slaps in the sea water as I jump down on my board, how tired I was that day that even though we got home, I can still feel the waves.
As a first timer, it took several failed attempts before I finally got to stand on my board. The trainer encourages me to not be scared on my attempts. He said that if I hesitate to make my next move then it will be late for me to stand and possibly be outbalanced. I followed his instructions.
The trainer shouts “ready!” that is when I have to (1) place my hand on the board, in front of my chest. As I felt the trainer push my board that is when I have to do my thing; (2) pushup, (3) put my left foot in front in a slightly kneeling position, and (4) put my right foot in front as I stand, then (5) balance in a squat position.
And that is when I finally got my first stand.
P.S. this is just an illustration of what I did in the water.
P.P.S. this photo was taken during the briefing.
On the second day of January 2021, we came back to the surfing site, the beach. The trainer began with his thing, naming the parts of the board, giving instructions, the proper way of jumping out of the board, etc. I can't focus on what he was saying because all I can hear is the splashing waves that I know will slap me later on.
The time came when we have to go into the water and surf. I rode my board and start paddling. The trainer got shocked because he thought I am a pro because I know to paddle, little did he know that I only watched it on youtube while on our way there, ehe!
This time I take the challenge to myself to surf on my own, but still with the guidance of the trainer. I asked him to find waves for me, and I will do the rest. The first attempt is, of course, failed. The nose of my board sunk that’s why I can’t stand. Second attempt, failed, me and my cousin nearly collided as her board gone to my direction. Third attempt gave me the satisfaction; I managed to stand on my own.
The trainer joked and said “baka mawalan na ako ng trabaho niyan, next time board nalang rerentahan mo walang nang trainer” (english translation: I think I’ll lost my job, next time you will only have to rent the board without the trainer) and I was in awe! I think that is his way to cheer me up after how many failed attempts.
Those are just some part of me that most of the people around me are not aware of. I'm more than just a kpop fan, there is also an adventurous side of me that people may not know and I refused to show.
I think this will be all for my introduction, I hope you enjoyed reading and somehow knew me by this article.
I know not every one of you are familiar to some terms that I used, that's why I'm providing you a “Glossary” of terms, if that makes sense, hihihi. Welcome ;))
P.S. this is my own meaning.
1. K-pop Fan- a supporter of a specific Korean pop group, sometimes daydreaming of becoming their girlfriends/wives.
2. K-drama Addict- those who complain when their instructors are sending a 15-minutes video presentation, but are ready to watch and finish a 16-hours Korean drama in 2 days.
3. K-enthusiast- they feel like they are a Korean citizen whatever they do and wherever they go.
4. K-popangit- ugly kpop, -10.
5. K-product- skin care product, korean food, fashion, etc. I wish I have plenty of them.
6. Merch- merchandise of korean groups, I don’t have any of them.
7. Fangirling- supporting your favorite artists, even though they don’t know you. Unconditional love T_T huhu
@chikoritaa
