What is Qualified Political Agency?

Under this doctrine, which recognizes the establishment of a single executive, all executive and administrative organizations are adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the Chief Executive, and, except in cases where the Chief Executive is required by the Constitution or law to act in person or the exigencies of the situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the Secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive

Add comment November 8th, 2008

A.M. No. 03-1-09-SC

RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE- TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES RESOLUTION

The use of pre-trial and the deposition-discovery measures are undeniably important and vital components of case management in trial courts. To decongest court dockets, and to further implementthe pre-trial guidelines laid down in Administrative Circular No. 3-99 dated January 15, 1999 and except as otherwise specifically provided for in other special rules, the following guidelines are issued for the observance and guidance of trial judges and clerks of court: decongest court dockets, and to further implement the pre-trial guidelines laid down in Administrative Circular No. 3-99 dated January 15, 1999 and except as otherwise specifically provided for in other special rules, the following guidelines are issued for the observance and guidance of trial judges and clerks of court:

I.          PRE-TRIAL

A. CIVIL CASES

1. Within one day from receipt of the complaint:

1.1 Summons shall be prepared and shall contain a reminder to defendant to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the Answer, in conformity with IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002.  A copy of the summons is hereto attached as Annex “A;” and

1.2 The court shall issue an order requiring the parties to avail of interrogatories to parties under Rule 25 and request for admission by adverse party under Rule 26 or at their discretion make use of depositions under Rule 23 or other measures under Rules 27 and 28 within five days from the filing of the answer.1 A copy of the order shall be served upon the defendant together with the summons and upon the plaintiff.

Within five (5) days from date of filing of the reply,2 the plaintiff must promptly move ex parte that the case be set for pre-trial conference.3 If the plaintiff fails to file said motion within the given period, the Branch COC shall issue a notice of pre-trial.

2.  The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing the following:4

a. A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution;

b. A summary of admitted facts and proposed stipulation of facts;

c. The issues to be tried or resolved;

d. The documents or exhibits to be presented, stating the purpose thereof. (No evidence shall be allowed to be presented and offered during the trial in support of a party’s evidence-in-chief other than those that had been earlier identified and pre-marked during the pre-trial, except if allowed by the court for good cause shown);

e. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; and

f. The number and names of the witnesses, the substance of their testimonies, and the approximate number of hours that will be required by the parties for the presentation of their respective witnesses.

A copy of the Notice of Pre-trial Conference is hereto attached as Annex “B.”

The rule on the contents of the pre-trial brief must strictly be complied with.

The parties are bound by the representations and statements in their respective pre-trial briefs.

3.  At the start of the pre-trial conference, the judge shall immediately refer the parties and/or their counsel if authorized by their clients to the PMC mediation unit for purposes of mediation if available.5  If mediation fails, the judge will schedule the continuance of the pre-trial conference.  Before the continuance, the Judge may refer the case to the Branch COC for a preliminary conference to assist the parties in reaching a settlement, to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider such other matters as may aid in its prompt disposition.6

During the preliminary conference, the Branch COC shall also ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits. The proceedings during .the preliminary conference shall be recorded in the “Minutes of Preliminary Conference” to be signed by both parties and/or counsel, the form of which is hereto attached as Annex. “C”.

The minutes of preliminary conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial.

4. Before the continuation of the pre-trial conference, the judge must study all the pleadings of the case, and determine the issues thereof and the respective positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case, or, at the very least, to help reduce and limit the issues. The judge should not allow the termination of pre-trial simply because of the manifestation of the parties that they cannot settle the case. He should expose the parties to the advantages of pre-trial. He must also be mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case.7

The Judge with all tact, patience, impartiality and with due regard to the rights of the parties shall endeavor to persuade them to arrive at a settlement of the dispute.8 The court shall initially ask the parties and their lawyers if an amicable settlement of the case is possible. If not, the judge may confer with the parties with the opposing counsel to consider the following:

a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what manner of compromise is considered acceptable to the defendant at the present stage?

b. Given the evidence of the defendant described in his pre-trial brief to support his defense, what manner of compromise is considered acceptable to the plaintiff at the present stage?

If not successful, the court shall confer with the party and his counsel separately.

If the manner of compromise is not acceptable, the judge shall confer with the parties without their counsel for the same purpose of settlement.

5. If all efforts to settle fail, the trial judge shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings and confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents;

b. Inquire if there are cases arising out of the same facts pending before other courts and order its consolidation if warranted;

c. Inquire if the pleadings are in order. If not, order the amendments if necessary;

d. Inquire if interlocutory issues are involved and resolve the same;

e. Consider the adding or dropping of parties;

f. Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto and the contents of documents and all other evidence identified and pre-marked during pre-trial in determining further admissions of facts and documents.  To obtain admissions, the Court shall ask the parties to submit the depositions taken under Rule 23, the answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under Rule 26. It may also require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28;

g. Define and simplify the factual and legal issues arising from the pleadings.  Uncontroverted issues and frivolous claims or defenses should be eliminated. For each factual issue, the parties/counsel shall state all the evidence to support their positions thereon. For each legal issue, parties/counsel shall state the applicable law and jurisprudence supporting their respective positions thereon. If only legal issues are presented, the judge shall require the parties to submit their respective memoranda and the court can proceed to render judgment;9

h. Determine the propriety of rendering a summary judgment dismissing the case based on the disclosures made at the pre-trial or a judgment based on the pleadings, evidence identified and admissions made during pre-trial;10

i. Ask parties to agree on the specific trial dates for continuous trial in accordance with Circular No. 1-89 dated January 19, 1989; adhere to the case flow chart determined by the court, which shall contain the different stages of the proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. The One-Day Examination of Witness Rule, that is, a witness has to be fully examined in one (1) day only, shall be strictly adhered to subject to the courts’ discretion during trial on whether or not to extend the direct and/or cross-examination for justifiable reasons. On the last hearing day allotted for each party, he is required to make his formal offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose his objection thereto. Thereafter, the Judge shall make the ruling on the offer of evidence in open court. However the judge has the discretion to allow the offer of evidence in writing in conformity with Section 35, Rule 132;

j. Determine the most important witnesses to be heard and limit the number of witnesses (Most Important Witness Rule). The facts to be proven by each witness and the approximate number of hours per witness shall be fixed;

k. At his discretion, order the parties to use the affidavits of witnesses as direct testimonies subject to the right to object to inadmissible portions thereof and to the right of cross-examination by the other party. The affidavits shall be based on personal knowledge, shall set forth facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. The affidavits shall be in question and answer form, and shall comply with the rules on admissibility of evidence;

l. Require the parties and/or counsel to submit to the Branch COC the names, addresses and contact numbers of the witnesses to be summoned by subpoena;

m. Order the delegation of the reception of evidence to the Branch COC under Rule 30; and

n.  Refer the case to a trial by commissioner under Rule 32.

During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions or comments by counsel or parties must be directed to the judge to avoid hostilities between the parties.

6. The trial judge shall schedule the pre-trial in the afternoon sessions and set as many pre-trial conferences as may be necessary.

7. All proceedings during the pre-trial shall be recorded. The minutes of each pre-trial conference shall contain matters taken up therein more particularly admissions of facts and exhibits and shall be signed by the parties and their counsel.

8. The judge shall issue the required Pre-Trial Order within ten (10) days after the termination of the pre-trial.  Said Order shall bind the parties, limit the trial to matters not disposed of and control the course of the action during the trial.  A sample Pre-Trial Order is hereto attached as Annex “D.”

However, the Court may opt to dictate the Pre-Trial Order in open court in the presence of the parties and their counsel and with the use of a computer, shall have the same immediately finalized and printed. Once finished, the parties and/or their counsel shall sign the same to manifest their conformity thereto.

9. The court shall endeavor to make the parties agree to an equitable compromise or settlement at any stage of the proceedings before rendition of judgment.
B.  CRIMINAL CASES

1. Before arraignment, the Court shall issue an order directing the public prosecutor to submit the record of the preliminary investigation to the Branch COC for the latter to attach the same to the record of the criminal case.

Where the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three days from the filing of the complaint or information. The accused shall be arraigned within ten days from the date of the raffle. The pre-trial of his case shall be held within ten days after arraignment unless a shorter period is provided for by law.

2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty days from the date of arraignment, and issue an order:

(a) requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his presence;

(b) referring the case to the Branch COC, if warranted, for a preliminary conference to be set at least three days prior to the pre-trial to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider other matters as may aid in its prompt disposition; and

(c) informing the parties that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial except when allowed by the court for good cause shown. A copy of the order is hereto attached as Annex “E”. In mediatable cases, the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation if available.

3.  During the preliminary conference, the Branch COC shall assist the parties in reaching a settlement of the civil aspect of the case, mark the documents to be presented as exhibits and copies thereof attached to the records after comparison, ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits and consider such other matters as may aid in the prompt disposition of the case. The proceedings during the preliminary conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties and counsel. (Please see Annex “B”)

The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial.

4. Before the pre-trial conference the judge must study the allegations of the information, the statements in the affidavits of witnesses and other documentary evidence which form part of the record of the preliminary investigation.

5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of 2002, the trial judge shall consider plea- bargaining arrangements. Where the prosecution and the offended party agree to the plea offered by the accused, the court shall:

a. Issue an order which contains the plea bargaining arrived at;

b. Proceed to receive evidence on the civil aspect of the case; and

c. Render and promulgate judgment of conviction, including the civil liability or

damages duly established by the evidence.

6.  When plea bargaining fails, the Court shall:

a. Adopt the minutes of preliminary conference as part of the pre- trial proceedings, confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents and list object and testimonial evidence;

b.  Scrutinize every allegation of the information and the statements in the affidavits and other documents which form part of the record of the preliminary investigation and other documents identified and marked as exhibits in determining farther admissions of facts, documents and in particular as to the following:
1. the identity of the accused;
2. court’s territorial jurisdiction relative to the offense/s charged;
3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of documents;
6. the cause of death or injury, in proper cases;
7. adoption of any evidence presented during the preliminary investigation;
8. disclosure of defenses of alibi, insanity, self-defense,  exercise of public authority and justifying or exempting circumstances; and
9. such other matters that would limit the facts in issue.

c. Define factual and legal issues;

d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which shall contain the time frames for the different stages of the proceeding up to promulgation of decision and use the time frame for each stage in setting the trial dates;

e. Require the parties to submit to the Branch COC the names, addresses and contact numbers of witnesses that need to be summoned by subpoena; and

f. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.

7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions must be directed to him to avoid hostilities between parties.

8. All agreements or admissions made or entered during the pre- trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused.  The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by the court.  (Section 2, Rule 118)

9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed by the parties and/or their counsels.

10.  The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting forth the actions taken during the pre-trial conference, the  facts stipulated,  the admissions made,  evidence marked, the number of witnesses to bepresented and the schedule of trial.  Said Order shall bind the parties, limit the trial to matters not disposed of and control the course the action during the trial.

6 comments September 4th, 2008

What the heck is the NBN deal all about?

Today I am about to attend a talk regarding the NBN deal and I have to admit that I still don’t have a firm stand regarding the supposed bribery and corruption that went along the said deal.  I am still at a limbo on who and what to believe.  For one, there are many claims and coutner-claims that surround the issue.  But what I am certain about is that I am to bound to believe the side or party who can and will produce solid evidences regarding the issue.   So far, all we have are testimonial claims and evidences, which canot be a solid ground to decide upon the matter.  Hearsays or testimonies can very well be corroborated.

Despite the current plight of the country on the issues on the NBN deal, we, as citizens, are duty-bound to know the issues surrounding the country’s present struggle.  We must be informed and make a firm stand on the issue.  We should not rely on what people or congregations say we should believe.  We must personally know the issues and assess it based on our own set of values, beliefs, and understanding.  As part of that duty, I am posting below the timeline, from Inquirer, of what happened during that deal.  I hope that this will help in assessing the issues and, at the very least, being informed about it.

LENGTH AND BREADTH OF THE BROADBAND DEAL:

JULY 12, 2006 — The Department of Trade and Industry executes a memorandum of understanding (MOU) with the Zhong Xing Telecommunications Equipment (ZTE) International Investment Ltd. to cooperate in the development and implementation of various investment activities in the Philippines, including the National Broadband Network (NBN) project.

JULY 13 — President Gloria Macapagal-Arroyo announces at the Clark Special Economic Zone the creation of a cyber corridor covering the cities of Baguio, Cebu, Davao and Manila and Clark. The corridor will host call centers and outsourcing companies and will be supported through additional digital infrastructure.

AUG. 1 — Ms Arroyo names Ramon Sales, head of the government’s Information and Communication Technology (ICT) as “focal personâ€? or coordinator for the Cyber Corridor.

AUG. 7 — ZTE Corp. submits to the Commission on Information and Communications Technology (CICT), an attached agency of the Department of Transportation and Communications (DOTC), a proposal for the NBN Project.

SEPT. 4 and 6 — ZTE writes to CICT regarding clarification on the project proposal and incorporating the suggestions of CICT.

SEPT. 8 — China Eximbank, through its general manager, Li Xiaoping, writes the National Economic and Development Authority (NEDA) informing that they are ready to exchange opinions and explore cooperation opportunities after China Eximbank and ZTE held discussions resulting in the conclusion that they may be available for transaction on the NBN project.

OCT. 23 — CICT endorses ZTE’s proposal to the NEDA for further evaluation and action.

NOV. 21 — Secretary Michael Defensor wrote to Minister Bo Xilai of the Ministry of Commerce, People’s Republic of China, to verify and confirm the interest of Chinese companies in arranging a comprehensive solution, to include financial and technical support, for the development and implementation of the NBN and Distant Learning projects of the Philippine government.

DEC. 2 — Chinese Ambassador Li Jin Jun informs Presidential Chief of Staff Michael Defensor through a letter that the Chinese government intends to support the NBN project and that China has designated ZTE as the contractor.

JAN. 2, 2007 — The DOTC receives a letter from Amsterdam Holdings Inc. (AHI) dated Dec. 5, 2006 informing the DOTC of its project, Orion Network, and requesting a favorable endorsement to NEDA. Also mentioned in the letter is a request for the government to designate the DOTC as the project’s coordinating agency.

JAN. 3 — NEDA requested the DOTC with TelOf (still under CICT) to take the lead in the preparation and implementation of Cyber Corridor projects taking into consideration the requirements of concerned end-user agencies. NEDA also requested for the submission of the necessary NEDA-ICC documents to facilitate processing of the project particularly the IP-based National Broadband Network Project

FEB. 13 — Executive Order No. 603 was issued by the President transferring the TelOf and all other operating units directly supporting communications from the CICT to the direct control and supervision of the DOTC.

FEB. 14 — NEDA refers to the DOTC for assistance and recommendation on the possible reconciliation of three similar proposals: 1) the Cyber Education Project (CEP) of the Department of Education (DepEd), 2) the NBN project endorsed by CICT (ZTE project proposal) and 3) the build-own-operate (BOO) NBN project of AHI.

FEB. 19 — DOTC/TelOf officials and personnel attended the meeting at NEDA Board Room to discuss the technical details and concerns on the NBN project.

FEB. 26 — ZTE submitted to DOTC copy of their NBN proposal which they have submitted to CICT and was subsequently endorsed by CICT to NEDA.

FEB. 27 — DOTC received another letter from NEDA dated Feb. 20, 2007 requesting for the submission/endorsement of a reconciled project proposal in view of the Feb. 13, 2007 joint NEDA-ICC and Cabinet meeting wherein the DOTC was instructed to sort out possible overlaps on the Cyber Education project of the DepEd and IP Based National Broadband Network Project of the DOTC/TelOf.

MARCH 1 — DOTC/CICT submits to NEDA the evaluation made on the three project proposals and recommends the implementation of a single government IP platform.

MARCH 1-20 — ZTE submits to the DOTC a revised NBN proposal with technical solution, project feasibility report, price summary, etc.

MARCH 23 — The DOTC endorses to NEDA the revised NBN proposal of ZTE.

MARCH 26 — The NBN project is presented to the joint ICC Cabinet Committee and ICC Technical Board meeting for deliberation and approval.

MARCH 26 — Ambassador Li Jin Jun writes a letter to Ms Arroyo, conveying that the Chinese government will fully support the NBN project of ZTE and the Distance Learning project of the DepEd.

MARCH 26 — AHI offered to build the NBN for the government for $242 million, questions the DOTC’s alleged bias for ZTE that offered to build the same facility under a $262-million government-to-government loan agreement. (Reported March 27, 2007).

MARCH 29 — The NEDA board approves the implementation of the NBN project.

MARCH 30 — ICT technical working group recommends the direct contracting mode in the procurement for the supply of equipment and services for the NBN project.

MARCH 31 — DOTC officials award the contract to ZTE, saying that AHI’s unsolicited proposal lacked complete documentation necessary for it to be considered.

APRIL 10 — BAC for ICT, considering RA 9184 and the recommendation of the TWG-ICT, have resolved to recommend that the procurement for the supply of equipment and services for the NBN project will be undertaken thru direct contracting and to refer the matter to the GPPB and NEDA for approval.

APRIL 16 — DOTC writes to GPPB and NEDA requesting for opinion and approval of the procurement process for the implementation of the NBN project, respectively.

APRIL 16 — TWG submits evaluation report and recommendation on the technical aspect of the draft as input for DOTC Legal Office’s final review.

APRIL 20 — Secretary Romulo Neri of NEDA writes to Minister Bo Xilai of Ministry of Commerce and Chairman/President Li Rougu of China Eximbank endorsing the NBN project for loan financing of the People’s Republic of China under the Preferential Buyer’s Credit Facility of China Eximbank.

APRIL 21 — Transportation and Communications Secretary Leandro Mendoza and ZTE vice president Yu Yong sign the $329-million NBN contract in Boao, China, in ceremonies witnessed by Ms Arroyo.

APRIL 24 — The GPPB advises DOTC that an opinion from the Department of Justice (DoJ) may prove relevant in the DOTC’s final determination on whether the NBN contract is entered into pursuant to Section 4 of RA 9184 mandating observance of executive agreements or Section 50 of RA 9184 on Direct Contracting.

MAY 28 — DOTC requests the Department of Finance to facilitate the availment of a soft loan from the China Eximbank.

MAY 31 — DOTC requests for opinion from the DoJ on the following issues: 1) whether or not the proposed NBN project can be considered an executive agreement by virtue of MOU signed between GRP (DTI through Secretary Peter J. Favila) and ZTE and subsequent “exchange of notesâ€? between representatives of GRP and GOC and 2) granting the NBN project is deemed to be an “executive agreement,â€? would the mode of procurement fall under EO No. 423, s.2005, on alternative mode of procurement (direct contracting) or under the last sentence of Section 4 of RA 9184.

JUNE 20 — Communications Assistant Secretary Lorenzo G. Formoso III discloses at a business forum the loss of the two “sovereignâ€? contract documents — one for ZTE and the other for the CEP.

JUNE 21 — The DoJ requests for clear and legible copies of the following documents: 1) letter of Ambassador of China Li Jinjun to Presidential Chief of Staff Michael T. Defensor dated Dec. 2, 2006; 2) contract for the Supply of Equipment and Services for the National Broadband Network Project between the DOTC and ZTE Corp. and 3) the Loan Agreement with the China Eximbank.

JUNE 26 — The Senate calls for an investigation of the broadband contract, saying that ZTE has been involved in “questionable dealsâ€? in other countries.

JUNE 27 — Mendoza says the NBN contract with ZTE is still subject to review by the Department of Justice and the Department of Finance.

JULY 11 — DOTC submits to the DoJ the requested copies of 1) letter of Ambassador of China Li Jinjun to Presidential Chief of Staff Michael T. Defensor dated Dec. 2, 2206 and 2) the reconstituted NBN contract.

JULY 26 — Justice Secretary Raul Gonzalez issues an opinion that says that the contract is an executive agreement and does not need to go through a public bidding.

AUGUST — Iloilo Vice Gov. Rolex Suplico asks the Supreme Court to nullify the ZTE contract for being unconstitutional and to stop its implementation.

AUG. 6 — The President’s legal adviser, Sergio Apostol, says the project cannot be implemented because the contract is nonexistent, having been stolen in China shortly after the signing.

AUG. 7 — Trade Secretary Peter Favila says the supposed ZTE contract is just a memorandum of understanding (MOU) or Memorandum of agreement (MOA) and not a supply contract.

AUG. 9 — DOTC confirms it has signed a reconstituted supply contract with ZTE.

AUG. 25 — The Philippines and China sign a $1.8-billion loan agreement, allegedly including an amount for the NBN project.

AUG. 27 — Favila says $400 million of the $1.8 billion is not meant for any particular project like the NBN.

AUG. 28 – Nueva Vizcaya Rep. Carlos Padilla lodges a criminal complaint against Mendoza and two assistant secretaries of the DOTC at the Office of the Ombudsman for allegedly “giving undue advantage� to ZTE.

AUG. 29 — Padilla, citing a column by Jarius Bondoc in the Philippine Star, tags Commission on Elections Chair Benjamin Abalos Sr. as the poll official who allegedly lobbied for the ZTE broadband contract. Padilla says Abalos played golf with ZTE executives in Shenzhen and at the Wack Wack Golf and Country Club in Mandaluyong City just weeks before the contract was signed.

AUG. 30 — Abalos admits that he and some ZTE officials were golfing buddies and that ZTE executives paid for his trips to China. However, Abalos maintains that he never helped the company to win the deal. Abalos says he and ZTE officials met with Finance Secretary Margarito Teves at Teves’ house in Alabang, Muntinlupa, “one afternoon last year,â€? but adds that the NBN project was not discussed.

AUG. 31 — Teves confirms that he was introduced to ZTE officials at a meeting with Mendoza and Abalos and that they talked about the NBN project.

SEPT. 1 — Abalos says he called Teves and that the latter supposedly apologized for saying that Abalos was present when the project came during a discussion in Wack Wack.

SEPT. 5 — Romulo Neri, former NEDA director general and now Commission on Higher Education head, neither confirms nor denies that he was offered P200 million to support the NBN project. (A Newsbreak report would later say that Abalos offered Romulo P200 million so that NEDA would “helpâ€? with the ZTE deal.)

SEPT. 9 — Ms Arroyo talks with Chinese President Hu Jintao about the controversial NBN project on the sidelines of the Asia-Pacific Economic Cooperation Summit in Sydney, suggesting that Favila and Chinese Commerce Minister Bo Xilai work together to resolve the issue.

SEPT. 10 — AHI asks the Supreme Court to compel Malacañang to give it a copy of the contract won by ZTE. AHI also seeks for a temporary restraining order on the implementation of the government’s deal with ZTE while its petition is pending.

– AHI cofounder Jose “Joeyâ€? de Venecia III says at a forum that the supply contract with ZTE is overpriced by about $130 million to cover “commissions.â€? He describes Abalos as appearing to be the “captainâ€? of those who were brokering the ZTE deal. De Venecia says Abalos offered him $10 million in December 2006 to back off from the project.

– ZTE denies bribing government officials to bag the $329-million contract, saying that its initial offer of $262 million grew to $329 million because the government’s requirements changed.

SEPT. 11 — Acting on the petitions of Suplico and AHI, the Supreme Court issues a temporary restraining order on the implementation of the NBN project.

– Sen. Panfilo Lacson calls the President the driving force behind the deal with ZTE as he came out with a “reconstitutedâ€? copy of the supply contract.

SEPT. 12 — Sen. Juan Ponce Enrile says the “reconstituted copyâ€? Lacson presented was merely a supply agreement and that the more binding contract, the financial agreement, has not yet been approved.

In a letter to the blue ribbon committee, Mendoza begs off from attending the Senate hearing on the NBN project, saying that the two pending cases in the Supreme Court seeking to block the ZTE deal prevent him from speaking out on the matter.

SEPT. 14 — De Venecia says in an affidavit dated Sept. 11 that he was wiretapped by Abalos to monitor his conversations with ZTE officials and that it was Abalos himself, in a fit of rage, who admitted the offense sometime in February. Abalos denies the wiretap allegation and says that his lawyer is preparing to file several libel charges against De Venecia.

De Venecia says that a “mystery man� is part of the cast of characters behind the $329-million contract, but says he will reveal the person’s identity only if asked at a proper legal forum.

SEPTEMBER — De Venecia says he has received threats from powerful persons, including one that supposedly came from Mendoza’s camp. Mendoza scoffs at this allegation, calling it a “fairy tale.â€?

SEPT. 17 — The President’s husband, Jose Miguel Arroyo, boards a plane for Hong Kong on the eve of the Senate hearing on the NBN deal.

SEPT. 18 — De Venecia admits to the blue ribbon committee that the “mystery manâ€? is the President’s husband.

De Venecia says it was at the “reconciliation� meeting in mid-March at Wack Wack that Arroyo, whom De Venecia assumes was asked by Abalos to talk to him when Abalos failed to talk him out of the project, shoved a finger at him and told him to “back off.�

Other personalities present at the meeting other than himself, Arroyo, Mendoza and Abalos were Jimmy Paz (Abalos’ chief of staff), Quirino de la Torre (Abalos’ security staff), Ruben Reyes and Leo San Miguel.

In his testimony, De Venecia quoted his father as saying that Ms Arroyo asked Abalos during a golf game in Shenzhen in October last year why ZTE could not just undertake the project the way AHI had proposed (at no cost to the government).

The First Couple and Speaker Jose de Venecia Jr., during a 10-city visit in China, were invited by the ZTE president to play golf. Abalos was one of the guest players.

SEPT. 19 — Arroyo, through his lawyer, confirms that he met with De Venecia at Wack Wack, but says it was “a purely chance encounterâ€? that did not include his barking at the businessman to “back offâ€? from the NBN deal.

Arroyo says that he merely “reminded� De Venecia that his being the Speaker’s son made it inappropriate for him to get involved in government contracts. The President’s husband denies that Abalos was at the meeting, saying that only he, De Venecia and Mendoza were present. De Venecia says Arroyo’s version of the meeting was “totally false.�

SEPT. 20 — Mendoza confirms at the second Senate hearing that the meeting took place and reiterates what Arroyo had declared through his lawyer that Arroyo did not raise his voice.

Mendoza even describes Arroyo as “mild-mannered,� while portraying De Venecia as someone who dogged him and went to see him in his office “several times� to follow up on his firm’s unsolicited NBN proposal.

After the hearing, Mendoza tells reporters that it was the Speaker, the younger De Venecia’s father, who aggressively lobbied for his son’s firm to bag the contract.

Favila says he is open to modifying or even rescinding the NBN deal and says he will talk to his Chinese counterpart, Trade Minister Bo Xilai, to discuss other options to undertake the NBN project, including its “cancellation or abrogation.�

SEPT. 22 — The President suspends the NBN project “indefinitely,â€? but senators say they will continue the probe despite the suspension.

SEPT. 24 — Ms Arroyo allows Neri, who failed to attend the Sept. 20 hearing due to “intestinal flu,â€? to attend the Senate probe. Earlier, Press Secretary Ignacio Bunye said Neri was part of the President’s official delegation to the United Nations General Assembly that is scheduled to leave for New York the next day, but Neri himself later told reporters that his trip had been canceled.

SEPT. 25 — The President discloses at a meeting in Malacañang that she had the NBN project “discreetly investigatedâ€? and found that the reports of bribery tainting the project were “uncorroborated.â€?

SEPT. 26 — Neri admits at the Senate hearing that Abalos offered him P200 million in exchange for giving the approval on the NBN project. Neri says he mentioned the bribe offer to Ms Arroyo, who he says told him to decline it.

De Venecia reiterates his earlier claim that Abalos offered him a $10-million bribe, which the Comelec chair vehemently denies. Abalos also denies brokering the NBN deal for ZTE.

Add comment March 12th, 2008

Is ‘Legal Writing’ writing legal?

Legal Writing is defined by Wikipedia as ‘a type of technical writing used by legislators, lawyers, judges, and others in law to express a legal analysis of legal rights and duties.’ While my professor discusses that Legal Writing is employed specifically to secure a relief, to give opinion to a specific question of law, or for direct personal recourse, which may be defined according to (1) who is the user, and (2) what is its use. Legal Writing is distinguished from other forms of writing with its citation to authority, importance of precedents, use of vocabulary, and form/procedures in writing.

Legal writing is known for being well-cited. Its claims are always anchored to law, jurisprudence, customs, and other standards that support its viability. A person in law would employ a standard for every event. This feature also serves as the root for the concept of stare decisis and res judicata, whereby a formerly settled principle of law is protected from disturbances, except upon a new judicial order or decision. That is, the value of precedents.

Another feature of legal writing is its unique vocabulary. Legal writing uses a variety of words, from specialized words, to everday words, to archaic words, to loan words. A legal writer must have a chest of vocabulary at hand.

And lastly, the form of writing. Legal writing follows a basic form yet a unique formulation. Going on with the procdures, there are 3 basic steps in legal writing: (1) Pre-writing, (2) Writing, and (3) Post-writing.

Pre-writing involves the following steps:
- Identify the object or cause of action
- Identify the best means or vehicle to communicate the object (Whether it should be a manifestation, a brief, a pleading, a memoranda, etc.)
- Identify the form/structure (What are the basic components of the material that you will be writing, i.e. header, introductory line, etc.)
- Identify the pertinent content or details
- Identify the law or rules applicable to the case
- Identify the proposition or the recommended course of action that should be taken

In the writing stage, the following are the steps to be taken:
- Give an introductory paragraph that should give a gist of what is in the body and what the readers should expect
- Identify the antecedents of the case. There are two types of antecedents:
(1) Procedural antecedents deal with the history of the case (it provides whether it is an appeal or a new case), or
(2) Factual antecedents which give a chronology of events or a narration of the case.
Under the second type of antecedent, there are two forms:
(2.1) Narrative which is like story-telling, and
(2.2) Reportorial which is mostly used in complex or voluminous crimes and uses headings and sub-headings to show the logical flow of events.
- Identify the issue of the case. It can either be:
(1) Factual issue (disputes regarding the presence or absence of a thing at the time of the event), or
(2) Legal issue (dispute as to the meaning of the event)
- Give a discussion of the facts and issues presented. This part of the writing is where the writer has the liberty to use his/her own style of writing.
- Provide a conclusion. Most writers would want this part to be given with a punch to be remembered by readers.

And last but not the least, no legal writing should end without passing through post-writing. The last stage would involve reviewing, proofreading, and rewriting. The two types of editing would be:
(1) Formal, which deals with the basics of form like margins, spacing, alignments, etc. This part is important especially on certain types of documents where form prevails over substance like wills, donations, and manifestation (should not have a prayer), since a wrong form in these documents may amount to trashing said documents or may be a ground for dismissal, without the judge even reading your material.
(2) Substantive, which deals on the overall relevance and coherence of your piece.

Following these steps should allow one to write as a person in law. That is ‘Legal Writing’!. But writing legal is another matter to discuss. The latter will deal more on the substance and content and may vary on a case-to-case basis. As a general rule, the substance must prevail over form, with the exception as discussed above. Therefore, writing legal is a greater task that we are yet to learn later on, not just in the professional school, but in real practice and experience.

2 comments January 29th, 2008

Hip Hop International 2007 (World Finals)

Philippine All Stars (2006 1st placer) placed 3rd

Kaba Modern (short for Kababayan or fellow Filipino) placed 2nd

Eclectik from Trinidad and Tobago placed 1st

2 comments January 28th, 2008

The Internet Marketing Bootcamp: Learn the Industry Trends

In recent years, the Internet has become a potent tool for selling products or services. It has also opened employment and income-generating opportunities to many Filipinos. So much so, Internet marketing has become the latest buzzword in the online sphere.

A series of seminars aims at sharing basic information on the creative and technical aspects of Internet Marketing. The “Internet Marketing Bootcamp� will run for six consecutive weeks from January 26 to March 1, 2008. Each session will be held from 8 a.m. to 12 noon at RCC Center, Shaw Boulevard, Pasig City.

Some of the country’s Internet Marketing luminaries from U.S. Auto Parts Philippines (USAP) will discuss the key concepts and strategies on this emerging field:

• Michael Joseph Villar, USAP Affiliate Marketing Manager, will give a crash course on performance-based marketing, how companies and individuals can benefit from it, as well as the challenges confronting affiliate marketing.
• Email Marketing Manager Alvin Jimenez will present the email marketing campaigns and their relevance.
• Rico Sta. Cruz, USAP Creative Director, will discuss the essential principles in Web design and how to apply them to the Web.
• Copy Editing Supervisor Jennelyn Tabora will talk about online copywriting and its crucial role in attracting and building readership.
• Search Engine Optimization (SEO) Project Managers Gabriel Libacao Jr. and Rhiza Sanchez will explain the basics of search engine marketing and how to convert visitors into sales and profits.
• Senior Web Analytics Specialist Maia Nuguid will discuss how Web analytics can help in assessing Internet marketing strategies.

Marc Hil Macalua, USAP Vice President for Marketing, will give the inspirational speech. Web Project Manager Elymar Apao will facilitate the Bootcamp sessions.

The Bootcamp is sponsored by the U.S. Auto Parts Network, the premier warehouse of auto replacement and performance part brands in the United States. One of the leading players in the Internet retailing industry, U.S. Auto Parts ranks among the top 100 online retailers in the United States in 2007.

The Bootcamp is open for all professional bloggers, Internet marketing enthusiasts, or anyone who has a background in Internet marketing. Interested persons may send their updated resumés at elymar@usautoparts.net or glibacao@mbsautomotive.com. Qualified applicants will be informed via a confirmation email.

Participants are encouraged to bring their resumes as a Job Fair will closely follow each seminar.

For further details, please visit the Internet Marketing Bootcamp site: (http://www.usautoparts.com.ph/imb/), US Auto Parts Internet Marketing Bootcamp (http://www.usautoparts.com.ph/), US Auto Parts Official Website
(http://www.jobsdb.com/). – US Auto Parts Job Listing

Contact Persons:
Elymar Apao
elymar@usautoparts.net

Gabriel Libacao Jr.
glibacao@mbsautomotive.com

Add comment January 26th, 2008

‘Despite’ vs. ‘Inspite of’

On a legal writing class, a classmate of mine had a debate with our ‘judge’ professor regarding the proper use of the words despite and inspite of. Of course my classmate lost the debate in class since he had to submit to the judge’s ruling (hehe!) but he can’t just get over the issue so he posted in our block’s yahoogroups an article explaining the difference between the two words, and here it goes…

“The difference between the two expressions has to do with the way the set of circumstances preceding an event is related to what follows the event. An example or two will make the point clear. 1. In spite of a good monsoon prices have not come down. 2. Despite a heavy downpour, thousands turned up to hear the Prime Minister.

In both the cases, given the preceding situation, what happens is surprising. This is what is shared by the two expressions and this is what has prompted dictionary makers to treat them as synonymous and gloss one in terms of the other.

But there is a difference. In (1) the preceding situation was such as to ensure (or make likely) a positive outcome. But this did not happen. The monsoon was good but prices did not come down. In (2) the situation preceding is such as to suggest a negative outcome. But what actually happened is something positive. A heavy downpour should keep people away. But thousands turned up to hear the Prime Minister.”

This might get handy later on in life…so the lesson is: “Don’t argue with a judge, (you’ll never win) especially when she is your professor!” heheheh…cheers!

Add comment January 25th, 2008

Brokeback is dead

Heath Ledger, actor of Brokeback, died at an early age of 28 due to overdose of over-the-counter sleeping medication.

Ledger’s acting career started out with a mere elective drama class until he came into the limelight in 1999 and became known as ‘pretty boy’. His first break was in the movie Blackrock, ‘a teen angst film about one boy’s struggle when he learns his best mate raped a girl’.

His acting skills brought him fame. He was nominated for Oscar and Academy Award. The recent nomination being, Best Performance by an Actor in a Leading Role in the film Brokeback Mountain, a romantic movie between two cowboys. He also won an International Award for the category of Best Actor on the same movie.

Yesterday, Jan 23 (Tues), the housekeeper was about to wake him up and he was found dead in the bedroom of an apartment owned by the actress Mary-Kate Olsen. Reports say, “This is being looked at as a possible overdose, but that is not confirmed yet.”

This is indeed a great loss of a fine artist to the industry. May his family and friends accept the sudden and tragic event. May Heath Ledger’s soul rest in peace.

More Philippine Entertainment News here.

Add comment January 23rd, 2008

2008 Holidays per RA 9242

Below is a list of the different Holidays for the year of 2008. Take note that some of these holidays are moved on a Monday, in pursuant to Pres. Gloria Macapagal Arroyo’s RA 9242 also known as “Holiday Economic Policy“.

January 1 – New Year’s Day
March 20 – Maundy Thursday
March 21 – Good Friday
April 7 – Araw ng Kagitingan (in lieu of April 9)
May 5 – Labor Day (in lieu of May 1)
June 16 – Independence Day (in lieu of June 12)
August 25 – Ninoy Aquino Day (in lieu of August 21)
August 25 – National Heroes Day
October 1 – Eid’l Fitr (to be confirmed by the OMA)
November 1 – All Saints Day
December 1 – Bonifacio Day (in lieu of Nov. 30)
December 25 – Christmas Day
December 29 – Rizal Day Monday nearest December 30
December 31 – Last Day of the Year

The said economic policy aims to provide a longer weekend break for employees and an undisrupted working week for businesses/employers. Well, poor for me, my work is on Tues to Sat. So I dont get double pay or at least a pay without work for said holidays because of the said schedule and policy. hehehe.

2 comments January 15th, 2008

The Phones of the Future…

The wonders of technology has bring us far more than what we can imagine…and not long from today…a simple wrist-band may be a handy cellphone for our kids. Here is a preview of the future phones that we expect to see soon in the Philippines. Start taking your pick…

1) Asus Aura

2) Beng-siemens “The blackbox”

3) Beng-siemens “Snaked”

4) Nec-tag

5) Nokia 888 Communicator

6) Nokia Aeon

7) Retroxis by Dark Label

8 ) Sky “Sleak n Slim”

9) TripleWatch

10) What you see is what you get

See more Philippine Cell Phones.

Add comment January 10th, 2008