the anatomy of life.
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Teacher Falling in Love with Student, Not Commiting Misconduct
Chua-Qua vs. Hon. Jacobo C. Clave, et al., G.R. No. L-49549, August 30, 1990
Evelyn had been employed in an educational institution in Bacolod City as a teacher since 1963 and, in 1976 when the dispute arose, was the class adviser in the sixth grade where one Bobby was enrolled. The teacher and the student (about the half of teacher’s age) fell in love and eventually got married in accordance with the rites of their religion.
On February 4, 1976, the school filed with the sub-regional office of the Department of Labor at Bacolod City an application for clearance to terminate Evelyn on the ground of “abusive and unethical conduct (is) unbecoming of a dignified school teacher and that her continued employment is inimical to the best interest, and would downgrade the high moral values, of the school.”
As the Supreme Court ruled in this case, they decided that:
Teacher who falls in love with a student, NOT immoral.
First, the court conceded that there was no direct evidence to show that immoral acts were committed. The school utterly failed to show that Evelyn took advantage of her position to court her student.
Second, and the most important, the relationship is called LOVE. The highest court admitted that LOVE has no reasons so it cannot be questioned. As I quote,
If the two eventually fell in love, despite the disparity of their ages and academic levels, this only lends substance to the truism that the heart has reasons of its own which reason does not know. But, definitely, yielding to this gentle and universal emotion is not to be casually equated to immorality. The deviation of the circumstances of their marriage from the usual societal pattern cannot be considered as a defiance of contemporary social mores.
It is a good thing that our legal system knows what LOVE is, and we can expect that in future, though there is no need of further reasoning, LOVE can rule the world. :)
(Source: lawphil.net)
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Post-traumatic public RUST
Oh well, I’m not a medical person, but seriously, I hate the effects of anesthesia. It is convenient to the doctors because we will never feel any pain. But the pain is saved after the drug is gone.
Last Wednesday, I had my Tonsillectomy operation. (Don’t ask me why. HAHA) The usual trend, IVs etc. I was admitted in PGH, or Pamantasang Ospital ng Maynila. The name says it all, but its name is clouded by zero customer service slogan. Basically I was admitted in pay ward section, the rooms are nice, actually PGH’s rooms are a lot better than those hospitals I’ve been to. (Oh yes, I’m a sweet sick little child.) The actual room ambiance is good, BUT, the some nurses are NOT NICE. I will stress it again, they are NOT nice. I will begin in saying that they are some malditas we see everyday in public office that don’t have a heart in public service. I’ll just remind you of Article XI Section 1 of our 1987 Constitution,
Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with outmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives. (Emphasis supplied)
I opt not to give the details of what happened in the hospital, they may charge me for violation of their due process. Anyway, it is settled. To be fair, my words are clear, “some” nurses are not nice. So, it means that some other nurses are nice.
To voice out the concern of this entry, I would like to stress the true public service as they say, or as our laws defined it. EVERYBODY has the right to have a good or best public service. Whatever profession you may be, public service is a PUBLIC trust, don’t try to make it a public RUST. -
Let’s focus on Barangay and SK elections
Barangay in our political law is considered as the smallest political unit. Local Government Code of 1991 gave the primary role of a barangay.
Section 384. Role of Barangay. - As the basic political unit, the barangay serves as the primary planning and implementing unit of the government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of people may be expressed, crystallized and considered, and where disputes may amicably settled. (Emphasis supplied)
The definition gave as the whole powers and duties of barangay. When I researched some past barangay elections, I saw the low turn out of votes. Maybe they are not interested on barangay elections, since it has a small territorial jurisdiction. Before we proceed further, let’s dissect what comprises Barangay as a Local Government Unit.
Barangay as an elective post consists of Barangay Captain or Punong Barangay and 7 Sangguniang Barangay members. Also SK officers are included. In the same law mentioned, it expressly states the qualifications of the said electoral posts.
Section 39. Qualifications - …
e. Candidates for Punong Barangay or member of the sangguniang barangay must be at least 18 years of age on election day.
f. Candidates for the sangguninang kabataan must be at least 15 years of age but not more than 21 years of age on election day. (Emphasis supplied)
As a political unit, barangay has a power of local legislation, this means that the barangay can enact their own ordinances provided that it is not contrary to law. So, if we are wondering who in barangay enacts or creates this ordinances, the people behind it are the Kagawad. We can consider Kagawad as a barangay version of a Congressman or a Senator. Their duty is to create an ordinance that will help barangay achieve its goals. Not only ordinances, they can also enact tax ordinances.
The powers of Kagawad or Sangguniang Barangay is not absolute, the Barangay Captain still have the veto powers if he sees that the ordinance is not complying with the law. Veto power is one of the powers vested in a barangay captain. To see what a barangay captain is, we can consider him as a mayor in his territorial jurisdiction. Basically he is the chief executive of his territory. Also, as mandated by the Rules of Court, he is obliged to conduct a necessary amicable settlement to his conflicting constituents. As a mandatory requirement, the courts can easily dismiss a case if it failed to comply in this settlement. This body is called as “Lupon ng Barangay”.
Lastly, the term of office of barangay officials and sangguniang kabataan shall be for 5 years. (Sec.43(f), Local Government Code of 1991)
Given the fact that a barangay officials has a small territorial jurisdiction, it has a power like an elective official in bigger territorial jurisdiction. So, even we say it is cliche-ish, let’s vote wisely, and let’s hope for a BETTER officials for a BETTER Philippines.
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Meet my Dexter, our new doggy! Though Tootsie and him are in not in good terms right now, I’m sure in time they will be best friends! Haha! I believe in the saying, everything takes time. Silly post. :)
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A little pound will not hurt
Pound for a pound, weight for a weight! Again, like last week, we visited again the street food fiesta at Ortigas. Banchetto, banchetto, banchetto!
The photo was taken from last week. At least you have a glimpse of what banchetto is. :)
ANYWAY, some points to remember if you are planning to visit Banchetto.
First, it is available only on Fridays (technically it falls on a Saturday morning). And even if the weather is not good, it is business as usual.
Second, the midnight street fiesta will start at exactly 12am. You can go there before 12am. But it will start exactly at 12am. It is available from 12am up to 11am.
Third, it is located in Emerald Ave, in front of Jollibee plaza.
Fourth, drinking of alcoholic drinks are not allowed.
Fifth, the prices are reasonable. So, P150 per person is enough.
Lastly, and the most important point, wear comfortable clothes. Don’t ever try to wear your “gimik” clothes, (stelleto, dresses, polos and the likes) Banchetto is not the place to flaunt your outfits, there is suitable place for that. HAHA ~
And be ready to eat in the streets, just like we did!
To sum it in capsule form, if you want to have a good food for a reasonable price, try Banchettos, it is a great food trip experience. Also, the food lovers will surely love it!
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”Nocturia: A frequent need to get up and go to the bathroom to urinate at night.
National Sleep Foundation
(Source: sleepfoundation.org)
