Facts: Anselmo L. Pesigan and
Marcelo L. Pesigan, carabao dealers, transported in an Isuzu ten-wheeler truck
in the evening of April 2, 1982 twenty-six carabaos and a calf from Sipocot,
Camarines Sur with Padre Garcia, Batangas. In spite of the permit to
transport and the said four certificates, the carabaos, while passing at Basud,
Camarines Norte, were confiscated and The confiscation was basis
on the aforementioned Executive Order No. 626-A, and in pursuant to the order, distributed the carabaos
among twenty-five farmers of Basud, and to a farmer from the Vinzons municipal
nursery. The Pesigans then filed an action to recover the carabaos and sue for damages. Judge Domingo Medina
Angeles who heard the case dismissed the case for lack of cause of action.
Issue: Whether the said Executive Order applies to the Pesigans?
Held: The Court agrees that said executive order should
not be enforced against the Pesigans on April
2, 1982 because, as already
noted, it is a penal
regulation published more
than two months later in the Official Gazette dated June 14, 1982. It became effective only fifteen
days thereafter as provided in article 2 of the Civil Code. Publication is necessary to
apprise the public of the contents of the regulations and make the said
penalties binding on the persons affected thereby.
Monday, June 25, 2012
People vs Que Po Lay Case Digest
G.R. No. L-6791
Facts: Que Po Lay is appealing from the decision of the Court of First Instance of Manila, finding him guilty of violating Central Bank Circular No. 20. The charge was that the appellant who was in possession of foreign exchange failed to sell to the Central Bank through its agents within one day following the receipt of such foreign exchange as required by Circular No. 20. He appeals basing on the claim that said circular No. 20 was not published in the Official Gazette and that consequently, said circular had no force and effect.
Issues: Whether there was a need for a publication of the said circular to make it effective?
Whether the respondent is guilty of violating the said Circular 20?
Held: The Court agrees that the laws in question do not require the publication of the circulars, regulations and notices therein mentioned in order to become binding and effective. All that said two laws provide is that laws, resolutions, decisions of the Supreme Court and Court of Appeals, notices and documents required by law to be of no force and effect.
Article 2 of the new Civil Code (Republic Act No. 386) equally provides that laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.
Moreover, as a rule, circulars and regulations especially like the Circular No. 20 of the Central Bank in question which prescribes a penalty for its violation should be published before becoming effective, this, on the general principle and theory that before the public is bound by its contents, especially its penal provisions, a law, regulation or circular must first be published and the people officially and specifically informed of said contents and its penalties. The Court further contends that appellant could not be held liable for its violation, for it was not binding at the time he was found to have failed to sell the foreign exchange in his possession thereof.
Facts: Que Po Lay is appealing from the decision of the Court of First Instance of Manila, finding him guilty of violating Central Bank Circular No. 20. The charge was that the appellant who was in possession of foreign exchange failed to sell to the Central Bank through its agents within one day following the receipt of such foreign exchange as required by Circular No. 20. He appeals basing on the claim that said circular No. 20 was not published in the Official Gazette and that consequently, said circular had no force and effect.
Issues: Whether there was a need for a publication of the said circular to make it effective?
Whether the respondent is guilty of violating the said Circular 20?
Held: The Court agrees that the laws in question do not require the publication of the circulars, regulations and notices therein mentioned in order to become binding and effective. All that said two laws provide is that laws, resolutions, decisions of the Supreme Court and Court of Appeals, notices and documents required by law to be of no force and effect.
Article 2 of the new Civil Code (Republic Act No. 386) equally provides that laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.
Moreover, as a rule, circulars and regulations especially like the Circular No. 20 of the Central Bank in question which prescribes a penalty for its violation should be published before becoming effective, this, on the general principle and theory that before the public is bound by its contents, especially its penal provisions, a law, regulation or circular must first be published and the people officially and specifically informed of said contents and its penalties. The Court further contends that appellant could not be held liable for its violation, for it was not binding at the time he was found to have failed to sell the foreign exchange in his possession thereof.
TAÑADA vs TUVERA Case Digest
Persons and Family Relation G.R. No. L-63915 :
Facts: Invoking the people's right to be informed on matters of public concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders.
Facts: Invoking the people's right to be informed on matters of public concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders.
Issues: Whether the petitioners have legal personality to bring the instant petition?
Whether publication is needed to make the law effective?
Held: Clearly, the right sought
to be enforced by petitioners herein is a public right recognized by no less
than the fundamental law of the land. Court has ruled that publication
in the Official Gazette is necessary in those cases where the legislation
itself does not provide for its effectivity date-for then the date of
publication is material for determining its date of effectivity, which is the
fifteenth day following its publication-but not when the law itself provides
for the date when it goes into effect. Considered in the light of
other statutes applicable to the issue at hand, the conclusion is easily
reached that said Article 2 does not preclude the requirement of publication in
the Official Gazette, even if the law itself provides for the date of its
effectivity. Without such notice and
publication, there would be no basis for the application of the maxim
"ignorantia legis non excusat." That duty must be enforced
if the Constitutional right of the people to be informed on matters of public
concern is to be given substance and reality. The law itself makes a list of
what should be published in the Official Gazette. The publication of all presidential issuances
"of a public nature" or "of general applicability" is
mandated by law. Obviously, presidential decrees that provide for fines,
forfeitures or penalties for their violation or otherwise impose a burden or.
the people, such as tax and revenue measures, fall within this category. Other
presidential issuances which apply only to particular persons or class of
persons such as administrative and executive orders need not be published on
the assumption that they have been circularized to all concerned.
Basa vs Mercado Case Digest
Persons and Family Relations GR No. L- 42226 :
Facts: Honorable Hermogenes Reyes, Judge of the Court of First Instance of Pampanga, allowed and probated the last will and testament of Ines Basa, deceased. On January 30, 1932, the same judge approved the account of the administrator of the estate, declared him the only heir of the deceased under the will and closed the administration proceedings. On April 11, 1934, the herein petitioners-appellants filed a motion in which they prayed that said proceedings be reopened and alleged that the court lacked jurisdiction to act in the matter because there was a failure to comply with requirements as to the publication of the notice of hearing prescribed in the following section of the Code of Civil Procedure. Appellants claim that the provisions of section 630 of the Code of Civil Procedure have not been complied with in view of the fact that although the trial judge, on May 29, 1931, ordered the publication of the required notice for "three weeks successively" previous to the time appointed for the hearing on the will, the first publication was on June 6, 1931, the third on June 20, 1931, and the hearing took place on the 27th of that month, only twenty-one days after the date of the first publication instead of three full weeks before the day set for the hearing. The appellants also contend that the trial court erred in ruling that the weekly newspaper, Ing Katipunan, in which the notice of hearing was published, was a newspaper of general circulation in the Province of Pampanga.
Issues: Whether the 21 days requirement for publication be followed pursuant to the sec. 630 of Code of Civil Procedure?
Whether the said Ing Katipunan newspaper considered a newspaper of general circulation?
Held: In view of the foregoing, it is held that the language used in section 630 of the Code of Civil Procedure does not mean that the notice, referred to therein, should be published for three full weeks before the date set for the hearing on the will. In other words the first publication of the notice need not be made twenty-one days before the day appointed for the hearing. The record shows that Ing Katipunan is a newspaper of general circulation in view of the fact that it is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; that it is published at regular intervals and that the trial court ordered the publication to be made inIng Katipunan precisely because it was a "newspaper of general circulation in the Province of Pampanga." The law does not require that publication of the notice, referred to in the Code of Civil Procedure, should be made in the newspaper with the largest numbers is necessary to constitute a newspaper of general circulation.
Facts: Honorable Hermogenes Reyes, Judge of the Court of First Instance of Pampanga, allowed and probated the last will and testament of Ines Basa, deceased. On January 30, 1932, the same judge approved the account of the administrator of the estate, declared him the only heir of the deceased under the will and closed the administration proceedings. On April 11, 1934, the herein petitioners-appellants filed a motion in which they prayed that said proceedings be reopened and alleged that the court lacked jurisdiction to act in the matter because there was a failure to comply with requirements as to the publication of the notice of hearing prescribed in the following section of the Code of Civil Procedure. Appellants claim that the provisions of section 630 of the Code of Civil Procedure have not been complied with in view of the fact that although the trial judge, on May 29, 1931, ordered the publication of the required notice for "three weeks successively" previous to the time appointed for the hearing on the will, the first publication was on June 6, 1931, the third on June 20, 1931, and the hearing took place on the 27th of that month, only twenty-one days after the date of the first publication instead of three full weeks before the day set for the hearing. The appellants also contend that the trial court erred in ruling that the weekly newspaper, Ing Katipunan, in which the notice of hearing was published, was a newspaper of general circulation in the Province of Pampanga.
Issues: Whether the 21 days requirement for publication be followed pursuant to the sec. 630 of Code of Civil Procedure?
Whether the said Ing Katipunan newspaper considered a newspaper of general circulation?
Held: In view of the foregoing, it is held that the language used in section 630 of the Code of Civil Procedure does not mean that the notice, referred to therein, should be published for three full weeks before the date set for the hearing on the will. In other words the first publication of the notice need not be made twenty-one days before the day appointed for the hearing. The record shows that Ing Katipunan is a newspaper of general circulation in view of the fact that it is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; that it is published at regular intervals and that the trial court ordered the publication to be made inIng Katipunan precisely because it was a "newspaper of general circulation in the Province of Pampanga." The law does not require that publication of the notice, referred to in the Code of Civil Procedure, should be made in the newspaper with the largest numbers is necessary to constitute a newspaper of general circulation.
Friday, June 15, 2012
THE GROWING PERSON IN THE WORLD
XAVIER UNIVERSITY – ATENEO DE CAGAYAN
UNIVERSITY
THE GROWING PERSON IN THE WORLD
A RESEARCH PAPER SUBMITTED TO THE
FACULTY OF THE
PHILOSOPHY DEPARTMENT
BY: KRISTY LEAH HERNANDEZ
CAGAYAN DE ORO CITY
OCTOBER 2010
Self-Identity in Change of a Growing
Person
Who
am I? Where did I come from? And to where am I heading? These are basically the
questions each and every one of us is facing each day. As human person living
in this world, one inquiry the researcher would like to have an answer is how
does a person remain himself even with the changes that are occurring to him?
The
human person in this world is confronted with many questions that make him
think to be able to know the answers. As experienced, as one grows there is
change in this person yet this person totally remains the same. When one had
committed a mistake, this person will surely move on by changing towards
something good.
From
the words of the late Pope John Paul II in his encyclical letter, “Driven by
the desire to discover the ultimate truth of existence, human being seek to
acquire those universal elements of knowledge which enables them to understand
themselves better to advance in their own self-realization”[1] which as the researcher
understands, because the human person is a rational being then their desire to
know themselves better and by that the researcher understand that there is a
process of growth involved in the person.
“To
change is to grow; to remain the same is to die”[2] where one can say that to
grow is to change and it is healthy for one to change for him to be able to say
he grows. While one undergoes change, the self remains the same and its
identity never loses itself. “The self is the living synthesis of both
self-identity and process”[3] and that one can affirm
the self is all throughout united with the changes it undergoes.
As
a changing being, what then becomes of this being’s substance? The researcher
had stated from the top that even though being changes, self-identity remains
the same. Substance as Aristotle had said is “Therefore that which id primarily
not in a qualified sense but with qualification, must be substance.”[4] As the researcher
understands it, being never loses its substance throughout the change.
To
grow in this world, one must be able to realize that he must be open to changes
that will instill growth in him. For us human beings, we are fully satisfied
with saying to grow; there are some changes in ourselves to actualize the said
growth. Self-Identity then is the becoming of being, where this must be
achieved through change. As growing individuals we are faced with the
challenges presented to us by this world and there is a need for us to reflect
on these changes metaphysically to understand the ground of this change.
One
must accept the fact that to be able to know and discover himself, one must
undergo the process of change but as the researcher had stated the self is the
living synthesis of what self-identity and its process is. This is to say, for
us to grow, changes in our life must be done without losing who you really are
and what you really should become.
This
question of where we are heading, there is an implied reality that purports,
that there is really is a substance higher or somewhere in the universe to say
that one really exists.
CONCLUSION
Beings
undergoing change within them are growing beings. Thus, self-identity never
loses itself in a being it is because it is united with the being.
Self-Identity is a proof of what the person has become throughout the changes
that this being has undergone. To grow in this world is to change and to be the
same at the same time.
BIBLIOGRAPHIES
Que, Nemesio S.J., ed. 2001. Central
Problems of Metaphysics. Manila: Office of the Reseach and Publications.
Pope John Paul II. Fides et Ratio (Faith and Reason). 14 Sept 1998. Papal Archive.The
Holy See.http://www.vatican.va/edocs/ENG0216/_INDEX.HTM
Aristotle, Introduction to Metaphysics.
(New York: Penguin Books).
Reflection
REFLECTION PAPER
The
challenge of being a leader, on handling employees, as what I have read from
the article is the challenge of one’s ability and also to desire to develop the
potentials of his employees. It is a crucial for a manager to enhance the
company he is working alongside with the challenge of enhancing the
capabilities of the people working under him. There is a need for a supervisor
or a manager to have the perfectly honed skills on development coaching.
A
good manager or supervisor knows the difference between a good work and great
work together with the skills he has and with the people, that is, the
employees, working for him and with him. A manager must develop his employees
by encouraging professional
development, and that means a manager must guide an employee for the
future, the future that is to make ready for the employee to be of great asset
to the company and soon to be leader. A manager must also possess the right
skill of creating a plan, not
just a plan but well-thought plan to make way for the employees to be more
goals oriented that is necessary for
the skills needed to achieve goals for the company. Also, I’ve learned there is
a need for a manager to pair
employee’s with a mentor, where all parties involved – mentor, mentee
and the company - will benefit. The mentor can enhance his skills, the mentee
can learn and the company will be soaring high with the perfect skills both the
mentors and mentee together helped achieved.
It is also important to identify
opportunities to expand their professional network, it is where employees improve their networking ties and
also create solid networks that can help them in their needs for the future.
Another crucial role a manager must play is to challenge employees to move out of their comfort zone, so
that in order to release their talents and abilities one must move away from
things one already knows. The challenge needs providing employees new
environment, exposing them to new things to enhance their creativity and also
release the inner inhibitions that may help in the company’s betterment.
Lastly, hiring a coach or a
consultant can be way to develop employee’s, help them visualize their goals,
directs them to the right path and help them in their work.
A manager
must therefore be a flexible in all the right areas to achieve goals for the
company. A good manager must be equipped with interpersonal skills that will
guide and help him in supervising and managing the company and also the
employees that will surely let him soar high for himself and for the company.
Existence and Analogy
Kristy
Leah O. Hernandez
October 13,
2010
AB
Philosophy 4
PH 25 A
Existence and Analogy
By: E.L. Mascall
The author of the book started his discussion on the
nature of Christian atheism. In this chapter of the book the author explicated
that there are conceptions of God in nature and also in theory. From this chapter,
there is a summary of the Book of Genesis and also a critique of it being part
of doctrines and also the famous Christian revelation. The author’s way of
explaining is by dissecting parts of how to understand theism in two approaches
which he used on his book. The first approach he used was the essentialist
approach on how one can understand theism. In this chapter of the book, the
author introduced philosophers which from his point of view are using the
essentialist approach.
One of which is St. Anselm
and his famous ontological argument, The
Proslogioun which encourages readers that God is what he says “than that
which nothing greater can be thought” which was critiqued by the author saying
it is defective because St. Anselm’s argument seems only to solely based on
conception of God which means God is only in our minds which leads the author
to speak of Descartes’ position on the subject matter where Descartes says God
is supremely perfect. Also, the author discussed about Liebniz and of Spinoza’s
famous pantheism. The author criticizes Spinoza because in the way of the
philosopher had presented his argument is by way of geometry and for the
author, geometry can never explain the existence of God, even so how essential
it is. After exposing the essentialist
approach to theism, the author then exposed St. Thomas Aquinas’ approach which
is existentialism where the author who explains from St. Thomas that ens is the actual concrete existence
where the existence of a finite being is determinate and a beings act of
existence is primary.
The author also elaborated
the very famous The Five Ways of
proving God’s existence by St. Thomas Aquinas where the author said that there
is cognitive act. In the next chapter, the author explained the doctrine of
analogy that by using this doctrine the purpose is not to explain existence of
God but to explain how it is that we have been able to do so and to analyze
what it is that we have been doing and succeeded with the chapter about God and
the creature where all of us will all fall to the same belief about God and how
we understand Him. After long discussion of each chapter, the author concludes
that we are surrounded by a world of active beings which is dependent upon God
who is Pure Act and so ended his conclusion by saying the position will be left
incomplete as is to day the reader is tasked to choose from which side he
takes.
What
I noticed from the author is that how he lavishly explains existentialism as if
he was implying to the reader that the best way to approach theism is by the
use of existentialism where it can be understood that God exists and His
essence is only the mode of His existence. From his critique which he made
about St. Anselm’s argument saying it is defective and that Descartes was able
to give justice to what is the real ontological argument might for me somewhat
subjective in a sense that the author is not so much of essentialism, and is
implicitly inclined with existentialism.
In exposing St. Thomas
Aquinas’ Five Ways, from what I have understood from previous discussions and
lesson about this argument used by St. Thomas, the five ways is for me enough to explain the existence of God
and how contingent beings exists. There is a special character of this argument
that lead me to saying and affirming such because it draws to me very
intelligible and reasonable, as a Christian, this is faith in God that is in me
makes me assert such position.
One thing also that I
noticed from the author is that he was dependent upon another author where some
of his ideas was taken which to me, in light of his inspiration that is why he
came about such positions which he admitted he will leave incomplete but as for
me a reader, the author is somewhat challenging me to take a stand.
In
line with the previous discussion in class about the existence of evil and also
the basic goodness of human nature and everything that surrounds it, by solely
relying to St. Thomas Aquinas’ argument, I understand that this Being is one
who is the reason why such is existing and to us real. That in our human life,
even though we may be on the evil side, still we go back to our basic goodness
even though trying to be good still makes us sin, the primary reason behind
this is the Ultimate Source of this human life.
There
is also a connection that I can make from the previous book that I have, both
books tackled about St. Thomas Aquinas Five
Ways to express and explain how conception of “God” for humans had came about.
As I believe, and still believe, it through our faith that we can see,
understand and maybe know God. All these arguments presented by the author is
an affirmation of existence of a Supreme Being, guiding us all, causing us all,
all-knowing and ever present. As a philosopher, these approaches might become a
turning point for me but this will then all boils down to me being a devoted
Christian to believe in Him with my reason and faith.
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