tag:blogger.com,1999:blog-10678128824615120692010-12-09T10:59:55.700+08:00Margaret"I don't feel stupid, just inadequate. After three years of studying the law, I'm very much aware of how little I know."— John Grisham (The Rainmaker)Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-1067812882461512069.post-58731999084476466572010-12-09T10:41:00.005+08:002010-12-09T10:59:55.714+08:002010-12-09T10:59:55.714+08:00Online Jobs - GeneralSinong gusto ng online jobs?<br /><br />2 months ago, a friend in facebook posted that she wanted to find a new online job. I remember my sister referring me to Odesk.com. I told my friend that she may try Odesk.com. Two days ago, I received a chat message "Hi Magie, gusto ko lang mag-thank you" from her. At first, I didn't know why she said that, so I asked, "ha? why?". She then replied that because of Odesk, now, she has a new job. She said, "it really works!"<br /><br />Here's the link: <a href="http://www.odesk.com/">http://www.odesk.com/</a><br /><br />Currently, my job is also an online job. I work as an executive assistant to a Justice of the Peace cum Licensed Migration Agent based in Australia. Working at home, is really rewarding. Walang pamasahe, di mo kailangang bumili ng office attire, libre food kasi dito lang sa bahay ang work, makakatulog ka sa higaan kapag lunch break, okay pa ang pay!<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-5873199908447646657?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0tag:blogger.com,1999:blog-1067812882461512069.post-76939099912039884072010-12-08T07:14:00.015+08:002010-12-08T13:05:43.475+08:002010-12-08T13:05:43.475+08:00On Elizandra Ramboyong's "Ang Napapala ng Makapal ang Mukhang Kabit" Video<object width="320" height="266" class="BLOG_video_class" id="BLOG_video-4ab98b5ece362b18" classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="movie" value="http://www.youtube.com/get_player">
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<br /><br />Last night, my 2 elder sisters and I were busy trying to retrieve this video "Ang napapala ng makapal ang mukhang kabit" by Elizandra Ramboyong. My sisters and I were amazed of how stupid she was to upload this video wherein she relentlessly injured physically this girl whom she called the mistress of her husband. She mentioned in one of her posts that the girl's name is Cheska Luna.<br /><br />There were copies of the video in Facebook and Youtube yesterday morning. However, at around 5pm yesterday, we were surprised, the posts in Facebook with that video were gone. The Youtube videos were also gone.<br /><br />We tried to retrieve the temporary internet files about the video, but to no avail.<br /><br />Well, good thing some people were able to save it, and managed to share it on Facebook again, and Youtube again. We were lucky enough to save an mp4 version of this video to our local computer.<br /><br />Our (my eldest sister's, my elder sister's, my cousin's, and mine) reactions to the video were basically, I can say, the same. We are for "Cheska Luna", and we condemn the acts of "Elizandra Ramboyong" or "Toho" or "Molina" and her "mal-educada" attitude.<br /><br />It seemed like Elizandra Ramboyong was so proud of what she did. Physically hurting a woman, whom she called "kabit" or "mistress of her husband" in front of people in Market Market mall made her proud.<br /><br />Elizandra said "magkademandahan na tayo rito ha!". She was so proud to shout that out. She has no evidence of any criminal act on the part of the mistress. She has no evidence of concubinage on the part of the husband and the so called "mistress". Under the Revised Penal Code, Article 334, a husband would be liable for concubinage if he (1) Shall keep a mistress in the conjugal dwelling, (2) Shall have sexual intercourse with her under scandalous circumstances, and (3) Cohabit with her in any other place. None of these mentioned elements was shown to be existing.<br /><br />Elizandra can not even use the law "Anti-Violence against Women and their Children" (Anti-VAWC) Law against the "kabit". The "kabit" was not doing anything against Elizandra when she outrageously attacked her. However, if she likes, she could file a case against her husband based on the Anti-VAWC Law.<br /><br />I feel sorry for Elizandra Ramboyong for losing the love of her husband, but I give my sympathy to Cheska Luna. Eventhough Elizandra is legally married to her husband, and her husband's attention was shifted to Cheska, that still did not give Elizandra the right to physically hurt Cheska Luna.<br /><br />In my own opinion, she should have confronted her husband, not the mistress.<br /><br />Now, with the evidence video, Cheska Luna could win if she files a case against Elizandra Ramboyong. It could be Physical Injuries, or Frustrated Homicide or Frustrated Murder, depending on the circumstances. Under the Revised Penal Code:<br /><br />Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries...<br /><br />Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:<br /><br />1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.<br /><br />2. In consideration of a price, reward, or promise.<br /><br />3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.<br /><br />4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.<br /><br />5. With evident premeditation.<br /><br />6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.<br /><br />Art. 249. Homicide. — Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.<br /><br />Cheskla Luna could also file a case against Elizandra's companions. The ones who helped Elizandra Ramboyong could be liable as accessories to the crime committed.<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-7693909991203988407?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0tag:blogger.com,1999:blog-1067812882461512069.post-41821973752742749272010-12-06T21:39:00.001+08:002010-12-06T21:40:48.110+08:002010-12-06T21:40:48.110+08:00Resignation or Termination?<p>Labor Law: NLRC Frquently asked questions links</p><p>http://www.nlrc.dole.gov.ph/workersConcerns.php</p><p>http://panyero.net/im-not-fired-coz-your-sued/\</p><p><br /></p><p>Many of us experience what we call "constructive dismissal". What the hell is that?</p><p>Ito yung experience na wala kang choice kundi magresign, kasi naman pinag-iinitan ka na ng boss mo, at lahat na lang ng kilos mo ay binabantayan. Ultimong break mo, hahanapan ka pa rin ng butas para materminate ka lang.</p><p><br /></p><p>Meron din namang cases na hindi ka nga ite-terminate, pero tatanggalan ka ng lamesa, at hindi ka pa bibigyan ng projects na pinaparamdam sayo na your labor is no longer needed sa company. Andiyan yung usap-usapan ka na ng mga officemates mo na kawawa ka naman, o kaya, yung iba namang inggitera, sasabihin pang "buti nga sa'yo, dapat lang yan sayo".</p><p><br /></p><p>Meron din naman, bibigyan ka ng memo, tapos sasabihin sayo, much better magresign ka na lang kesa iterminate ka.. ooh wow.. sakit nun ha.. Parang sinabi sayo ng girlfriend o boyfriend mo, mas mabuti pang makipagbreak ka na sa akin, kesa ako ang makipagbreak sa'yo.. ouch ouch..</p><p><br /></p><p>Ikaw naman mapapaisip, kapag naterminate ka, ang pangit ng record mo, baka hindi ka pa makakuha ng ibang pay na dapat for you, at ang sagwa pa ng dahilan bakit ka natanggal sa company. So ngayon, you are left with no other choice than to resign.</p><p><br /></p><p>Well, what I can friendly advise is ~kung alam mong may laban ka, ilaban yan sa NLRC, that is only if alam mong wala talagang dahilan ang company mo o ang boss mo para tanggalin ka. Ang batas, karaniwang pabor sa mga manggagawa. Bakit? Kasi ang mga employers ay mas makapangyarihan kaysa sa manggawa, kasi nasa kanila ang "capital" (as what we call it in social studies). Sa karaniwang language naman- nasa kanila ang pera! Para magkaroon ng pagkakapantay-pantay, po-protektahan ng batas ang mga karapatan mo bilang isang manggagawa.</p><p><br /></p><p>But don't think na dahil karaniwang pabor ang batas sa mga manggagawa ay kakampi na lang palagi ang batas sa mga manggagawa. Di yan totoo. Kakampihan pa rin ng batas ang equity and justice. Kung alam mo namang kaya ka pinag-iinitan ay dahil palagi kang absent, hindi mo inaayos ang trabaho mo, palagi kang nagtetext sa work, at nakikipag-tsimisan, o mas madami ka pang oras sa fb mo, ~wag ka nang magreklamo, dahil kasalanan mo naman kung bakit pinag-iinitan ka ng boss mo.</p><p><br /></p><p>Be always in good faith sa iyong trabaho. Kung alam mong nasa tama ka, pwedeng-pwede mo yang ipaglaban. Timbangin ang mga bagay. Hingin mo kung anong para sayo. Pero kung alam mong may maganda at makatarungang dahilan kung bakit nawala sa iyo ang trabaho mo, tanggapin mo na lang, kasi nga, kasalanan mo naman bakit nagkaganun.</p><p><br /></p><p><photo></p><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-4182197375274274927?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0tag:blogger.com,1999:blog-1067812882461512069.post-22511991772026059572010-12-06T21:38:00.002+08:002010-12-06T21:39:03.174+08:002010-12-06T21:39:03.174+08:00Real Estate Taxation, Laws, Regulations and Information links<p>Latest Laws and Issuances on Real Estate and Housing in the Philippines</p><p>http://creba.ph/images/latestlaws/latestlaws.html</p><p><br /></p><p>Philippine Incorporation, Incorporate and Protest Investment Assets</p><p>http://www.real-estate-ph.com/philippine_incorporation_services.php</p><p><br /></p><p>Chamber of Real Estate and Builders' Associations [CREBA], Inc.</p><p>http://creba.ph/index.php</p><p><br /></p><p>BIR zonal value</p><p>http://www.bir.gov.ph/zonalvalues/zonalvalues.htm</p><p><br /></p><p>Online mortgage calculator</p><p>http://foreclosurephilippines.com/wp-content/uploads/2009/06/mortgagecalculator.html</p><p><br /></p><p>Pag-IBIG Fund Amortization Calculator</p><p> http://www.pagibigfund.gov.ph/mt_calc.asp</p><p><br /></p><p>Philippine Bank Websites</p><p>http://www.foreclosurephilippines.com/2009/03/directory-of-philippine-banks-with.html</p><p><br /></p><p>Others</p><p>http://www.realestatecentral.ph/</p><p>http://www.philrealtyprojectsinfo.blogspot.com/</p><p><br /></p><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-2251199177202605957?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0tag:blogger.com,1999:blog-1067812882461512069.post-54793631468563661242010-12-06T21:35:00.001+08:002010-12-06T21:36:50.654+08:002010-12-06T21:36:50.654+08:00Mercantile Law Questions Bar 2010<p><strong>Mercantile Law Questions Bar 2010 (with some notes & answers)<br /></strong></p><p><strong>I</strong></p><p>Briefly describe the following types of banks: (2% each)</p><p><strong>A. </strong>universal bank</p><p><strong>B. </strong>commercial bank</p><p><strong>C. </strong>thrift bank</p><p><strong>D. </strong>rural bank</p><p><strong>E. </strong>cooperative bank</p><p><br /></p><p><strong>1.UNIVERSAL BANKS - PRIMARILY GOVERNED BY THE GENERAL BANKING LAW (GBL), CAN EXERCISE THE POWERS OF AN INVESTMENT HOUSE AND INVEST IN NON- ALLIED ENTERPRISES AND HAVE THE HIGHEST CAPITALIZATION REQUIREMENT. </strong></p><p><strong>2.COMMERCIAL BANKS - ORDINARY BANKS GOVERNED BY THE GBL WHICH HAVE A LOWER CAPITALIZATION REQUIREMENT THAN UNIVERSAL BANKS AND CAN NEITHER EXERCISE THE POWERS OF AN INVESTMENT HOUSE NOR INVEST IN NON-ALLIED ENTERPRISES. </strong></p><p><strong>3.THRIFT BANKS - THESE ARE A) SAVINGS AND MORTGAGE BANKS; B) STOCK SAVINGS AND LOAN ASSOCIATIONS; C) PRIVATE DEVELOPMENT BANKS, WHICH ARE PRIMARILY GOVERNED BY THE THRIFT BANKS ACT (R.A. 7906). </strong></p><p><strong>4.RURAL BANKS - MANDATED TO MAKE NEEDED CREDIT AVAILABLE AND READILY ACCESSIBLE IN THE RURAL AREAS ON REASONABLE TERMS AND WHICH ARE PRIMARILY GOVERNED BY THE RURAL BANKS ACT OF1992( RA 7353). </strong></p><p><strong>5.COOPERATIVE BANKS - THOSE BANKS ORGANIZED WHOSE MAJORITY SHARES ARE OWNED AND CONTROLLED BY COOPERATIVES PRIMARILY TO PROVIDE FINANCIAL AND CREDIT SERVICES TO COOPERATIVES. IT SHALL INCLUDE COOPERATIVE RURAL BANKS. THEY ARE GOVERNED PRIMARILY BY THE COOPERATIVE CODE (RA 6938).</strong> </p><p><br /></p><p><strong>II</strong></p><p><strong>A. </strong>How do you characterize the legal relationship between a</p><p>commercial bank and its safety deposit box client? (2%)</p><p><strong>SAFETY DEPOSIT BOXES – LESSOR-LESSEE RELATIONSHIP. THE RELATION BETWEEN A BANK RENTING OUT SAFETY DEPOSIT BOXES AND ITS CUSTOMER WITH RESPECT TO THE CONTENTS OF THE BOX IS THAT OF A BAILOR AND BAILEE . THE BAILMENT FOR HIRE AND MUTUAL BENEFIT HAS BEEN ADOPTED IN THIS JURISDICTION. IT CANNOT BE CONSIDERED AS A CONTRACT OF LEASE BECAUSE THE FULL POSSESSION AND CONTROL OF THE SAFETY DEPOSIT BOX IS NOT GIVEN TO THE RENTERS (SIA VS. CA, 222SCRA 24 [1993)</strong></p><p><strong> </strong></p><p><strong>B. </strong>Is a stipulation in the contract for the use of a safety deposit</p><p>box relieving the bank of liability in connection with the use</p><p>thereof valid? (2%)</p><p><strong>NO. ANY STIPULATION EXEMPTING THE DEPOSITARY FROM ANY LIABILITY ARISING FROM LOSS ON ACCOUNT OF FRAUD, NEGLIGENCE WOULD BE VOID FOR BEING CONTRARY TO PUBLIC POLICY (CA-AGRO DEVT VS. CA, 219 SCRA 426, MARCH 5, 1993).</strong></p><p><br /></p><p><strong>C. </strong>Differentiate “bank deposits” from “deposit substitutes.”</p><p>(2%)</p><p><strong>DEPOSIT-NO SECURITY GIVEN TO GUARANTEE REPAYMENT; THE DEPOSITOR RELIES ON THE STABILITY AND REPUTATION OF THE BANK.</strong></p><p><strong>DEPOSIT SUBSTITUTE-GUARANTEED BY CERTIFICATES AND OTHER INSTRUMENTS. (HANDBOOK ON BANK DEPOSITS, A. VIRAY, 1998 ED.)</strong></p><p><strong> </strong></p><p><strong>D. </strong>Why are banks required to maintain reserves against their</p><p>deposits and deposit substitutes? State one of three purposes</p><p>for these reserves. (2%)</p><p><strong>UNDER THE NEW CENTRAL BANK ACT (RA 7653), SECTION 94. RESERVE REQUIREMENTS. — IN ORDER TO CONTROL THE VOLUME OF MONEY CREATED BY THE CREDIT OPERATIONS OF THE BANKING SYSTEM, ALL BANKS OPERATING IN THE PHILIPPINES SHALL BE REQUIRED TO MAINTAIN RESERVES AGAINST THEIR DEPOSIT LIABILITIES.</strong></p><p><br /></p><p><strong>III</strong></p><p>Ozamis Paper Corporation secured loans from ABC</p><p>Universal Bank in the aggregate principal amount of P100 million,</p><p>evidenced by several promissory notes, and secured by a</p><p>continuing guaranty of its principal stockholder Menandro</p><p>Marquez; a pledge of Marquez’s shares in the corporation valued</p><p>at P45 million; and a real estate mortgage over certain parcels of</p><p>land owned by Marquez.</p><p>The corporation defaulted and the bank extra-judicially</p><p>foreclosed on the real estate mortgage. The bank, which was the</p><p>sole bidder for P75 million, won the award.</p><p><strong>A</strong>. Can the bank sue Marquez for the deficiency of P25 million?</p><p>Explain. (2%)</p><p><strong>B</strong>. If the bank opts to file an action for collection against the</p><p>corporation, can it afterwards institute a real action to</p><p>foreclose the mortgage? Explain. (2%)</p><p><strong>C</strong>. Can the bank foreclose on the pledged shares of Marquez</p><p>and recover the deficiency from the corporation? Explain.</p><p>(2%)</p><p><br /></p><p><strong>IV</strong></p><p>Andante Realty, a marketing company that promotes and</p><p>facilitates sales of real property through leverage marketing,</p><p>solicits investors who are required to be a Business Center Owner</p><p>(BCO) by paying an enrollment fee of $250. The BCO is then</p><p>entitled to recruit two other investors who pay $250 each. The</p><p>BCO receives $90 from the $250 paid by each of his recruits and is</p><p>credited a certain amount for payments made by investors through</p><p>the initial efforts of his Business Center. Once the accumulated</p><p>amount reaches $5,000, the same is used as down payment for the</p><p>real property chosen by the BCO.</p><p><strong>A. </strong>Does this multi-level marketing scheme constitute an</p><p>“investment contract” under the Securities Regulation Code?</p><p>Define an “investment contract.” (2%)</p><p><strong>INVESTMENT CONTRACTS AS SECURITIES IS AN INVESTMENT IN A COMMON VENTURE, PREMISED ON AREASONABLE EXPECTATION OF PROFITS TO BE DERIVED FROMTHE ENTREPRENEURIAL OR MANAGERIAL EFFORTS OF OTHERS (PEOPLE VS. PETRALBA, 439 SCRA 159 [SEPT. 27,2004])</strong></p><p><strong>B. </strong>What procedure must be followed under the Securities</p><p>Regulation Code to authorize the sale or offer for sale or</p><p>distribution of an investment contract? (2%)</p><p><strong>UNDER SRC CHAPTER III, REGISTRATION OF SECURITIES, SEC 8. REGISTER IT WITH THE SEC.</strong></p><p><strong>SEC. 8. REQUIREMENT OF REGISTRATION OF SECURITIES. – </strong></p><p><strong>8.1. SECURITIES SHALL NOT BE SOLD OR OFFERED FOR SALE OR DISTRIBUTION WITHIN THE PHILIPPINES, WITHOUT A REGISTRATION STATEMENT DULY FILED WITH AND APPROVED BY THE COMMISSION. PRIOR TO SUCH SALE, INFORMATION ON THE SECURITIES, IN SUCH FORM AND WITH SUCH SUBSTANCE AS THE COMMISSION MAY PRESCRIBE, SHALL BE MADE AVAILABLE TO EACH PROSPECTIVE PURCHASER. </strong></p><p><strong>8.2. THE COMMISSION MAY CONDITIONALLY APPROVE THE REGISTRATION STATEMENT UNDER SUCH TERMS AS IT MAY DEEM NECESSARY. </strong></p><p><strong>8.3. THE COMMISSION MAY SPECIFY THE TERMS AND CONDITIONS UNDER WHICH ANY WRITTEN COMMUNICATION, INCLUDING ANY SUMMARY PROSPECTUS, SHALL BE DEEMED NOT TO CONSTITUTE AN OFFER FOR SALE UNDER THIS SECTION. </strong></p><p><strong>8.4. A RECORD OF THE REGISTRATION OF SECURITIES SHALL BE KEPT IN A REGISTER OF SECURITIES IN WHICH SHALL BE RECORDED ORDERS ENTERED BY THE COMMISSION WITH RESPECT TO SUCH SECURITIES. SUCH REGISTER AND ALL DOCUMENTS OR INFORMATION WITH RESPECT TO THE SECURITIES REGISTERED THEREIN SHALL BE OPEN TO PUBLIC INSPECTION AT REASONABLE HOURS ON BUSINESS DAYS. </strong></p><p><strong>8.5. THE COMMISSION MAY AUDIT THE FINANCIAL STATEMENTS, ASSETS AND OTHER INFORMATION OF A FIRM APPLYING FOR REGISTRATION OF ITS SECURITIES WHENEVER IT DEEMS THE SAME NECESSARY TO INSURE FULL DISCLOSURE OR TO PROTECT THE INTEREST OF THE INVESTORS AND THE PUBLIC IN GENERAL.</strong></p><p><br /></p><p><strong>C. </strong>What are the legal consequences of failure to follow this</p><p>procedure? (2%)</p><p><strong> </strong></p><p><strong>V</strong></p><p>Venezia is a famous international fashion chain with outlets</p><p>in Makati, Ortigas, and Manila. It has complied with the</p><p>minimum capitalization required under the Retail Trade</p><p>Nationalization Act and carries on retail business worth more than</p><p>$3 million for each of its outlets. As its Manila outlet is not doing</p><p>very well, it decides to sell all of its business there consisting of</p><p>remaining inventory, furniture and fixtures and other assets to its</p><p>competitor.</p><p><strong>A. </strong>Venezia’s Manila outlet constitutes one-third (1/3) of its total</p><p>business. Should it comply with the requirements of the Bulk</p><p>Sales Law? Why or why not? (2%)</p><p><strong>NO. THE SALE IS NOT ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE BUSINESS.</strong></p><p><br /></p><p><strong>B. </strong>If instead of selling its Manila outlet, Venezia merely</p><p>mortgages its assets there, would it need to comply with the</p><p>requirements of the Bulk Sales Law? (2%)</p><p><strong>NO. ALTHOUGH THE BULK SALES LAW COVERS MORTGAGES, THE MORTAGE IS STILL NOT ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE BUSINESS.</strong></p><p><strong> </strong></p><p><strong>UNDER THE BULK SALES LAW, </strong></p><p><strong>SEC. 2. SALE AND TRANSFER IN BULK. — ANY SALE, TRANSFER, MORTGAGE OR ASSIGNMENT OF A STOCK OF GOODS, WARES, MERCHANDISE, PROVISIONS, OR MATERIALS OTHERWISE THAN IN THE ORDINARY COURSE OF TRADE AND THE REGULAR PROSECUTION OF THE BUSINESS OF THE VENDOR, MORTGAGOR, TRANSFEROR, OR ASSIGNOR, OR SALE, TRANSFER, MORTGAGE OR ASSIGNMENT OF ALL, OR SUBSTANTIALLY ALL, OF THE BUSINESS OR TRADE THERETOFORE CONDUCTED BY THE VENDOR, MORTGAGOR, TRANSFEROR, OR ASSIGNOR, OR OF ALL, OR SUBSTANTIALLY ALL, OF THE FIXTURES AND EQUIPMENT USED IN AND ABOUT THE BUSINESS OF THE VENDOR, MORTGAGOR, TRANSFEROR, OR ASSIGNOR, SHALL BE DEEMED TO BE A SALE AND TRANSFER IN BULK, IN CONTEMPLATION OF THIS ACT: PROVIDED, HOWEVER, THAT IF SUCH VENDOR, MORTGAGOR, TRANSFEROR OR ASSIGNOR, PRODUCES AND DELIVERS A WRITTEN WAIVER OF THE PROVISIONS OF THIS ACT FROM HIS CREDITORS AS SHOWN BY VERIFIED STATEMENTS, THEN, AND IN THAT CASE, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY.</strong></p><p><br /></p><p><strong>C. </strong>What are the legal consequences of a failure to comply with</p><p>the requirements of the Bulk Sales Law? (2%)</p><p><strong>UNDER THE BULK SALES LAW, SEC. 11. ANY PERSON VIOLATING ANY PROVISION OF THIS ACT SHALL, UPON CONVICTION THEREOF, BE PUNISHED BY IMPRISONMENT NOT LESS THAN SIX MONTHS, NOR MORE THAN FIVE YEARS, OR FINED IN SUM NOT EXCEEDING FIVE THOUSAND PESOS, OR BOTH SUCH IMPRISONMENT AND FINE, IN THE DISCRETION OF THE COURT.</strong></p><p><br /></p><p><strong>VI</strong></p><p><strong>A. </strong>What contractual stipulations are required in all technology</p><p>transfer agreements? (2%)</p><p><strong>(5) MANDATORY PROVISIONS. THE FOLLOWING PROVISIONS SHALL BE INCLUDED IN VOLUNTARY LICENSE CONTRACTS: (QUOTED FROM SEC. 88, CHAPTER IX, PART II OF THE INTELLECTUAL PROPERTY CODE) (A) THAT THE LAWS OF THE PHILIPPINES SHALL GOVERN THE INTERPRETATION OF THE SAME AND IN THE EVENT OF LITIGATION, THE VENUE SHALL BE THE PROPER COURT IN THE PLACE WHERE THE LICENSEE HAS ITS PRINCIPAL OFFICE; (B) CONTINUED ACCESS TO IMPROVEMENTS IN TECHNIQUES AND PROCESSES RELATED TO TECHNOLOGY SHALL BE MADE AVAILABLE DURING THE PERIOD OF THE TECHNOLOGY TRANSFER ARRANGEMENT; (C) IN THE EVENT THE TECHNOLOGY TRANSFER ARRANGEMENT SHALL PROVIDE FOR ARBITRATION, THE PROCEDURE OF ARBITRATION OF THE ARBITRATION LAW OF THE PHILIPPINES OR THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) OR RULES OF CONCILIATION AND ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC) SHALL APPLY AND THE VENUE OF ARBITRATION SHALL BE THE PHILIPPINES OR ANY NEUTRAL COUNTRY;</strong></p><p><br /></p><p><strong>B. </strong>Enumerate three (3) stipulations that are prohibited in</p><p>technology transfer agreements. (3%)</p><p><strong><p>(3) PROHIBITED CLAUSES. THE FOLLOWING PROVISIONS SHALL BE DEEMED PRIMA FACIE TO HAVE AN ADVERSE EFFECT ON COMPETITION AND TRADE: (QUOTED FROM SEC. 87, CHAPTER IX, PART II OF THE INTELLECTUAL PROPERTY CODE) (A) THOSE WHICH IMPOSE UPON THE LICENSEE THE OBLIGATION TO ACQUIRE FROM A SPECIFIC SOURCE CAPITAL GOODS, INTERMEDIATE PRODUCTS, RAW MATERIALS, AND OTHER TECHNOLOGIES, OR OF PERMANENTLY EMPLOYING PERSONNEL INDICATED BY THE LICENSOR; (B) THOSE PURSUANT TO WHICH THE LICENSOR RESERVES THE RIGHT TO FIX THE SALE OR RESALE PRICES OF THE PRODUCTS MANUFACTURED ON THE BASIS OF THE LICENSE; (C) THOSE THAT CONTAIN RESTRICTIONS REGARDING THE VOLUME AND STRUCTURE OF PRODUCTION; (D) THOSE THAT PROHIBIT THE USE OF COMPETITIVE TECHNOLOGIES IN A NON-EXCLUSIVE TECHNOLOGY TRANSFER ARRANGEMENT; (E) THOSE THAT ESTABLISH A FULL OR PARTIAL PURCHASE OPTION IN FAVOR OF THE LICENSOR; (F) THOSE THAT OBLIGATE THE LICENSEE TO TRANSFER FOR FREE TO THE LICENSOR THE INVENTIONS OR IMPROVEMENTS THAT MAY BE OBTAINED THROUGH THE USE OF THE LICENSED TECHNOLOGY; (G) THOSE THAT REQUIRE PAYMENT OF ROYALTIES TO THE OWNERS OF PATENTS FOR PATENTS WHICH ARE NOT USED; (H) THOSE THAT PROHIBIT THE LICENSEE TO EXPORT THE LICENSED PRODUCT UNLESS JUSTIFIED FOR THE PROTECTION OF THE LEGITIMATE INTEREST OF THE LICENSOR SUCH AS EXPORTS TO COUNTRIES WHERE EXCLUSIVE LICENSES TO MANUFACTURE AND/OR DISTRIBUTE THE LICENSED PRODUCT(S) HAVE ALREADY BEEN GRANTED; (I) THOSE WHICH RESTRICT THE USE OF THE TECHNOLOGY SUPPLIED AFTER EXPIRATION OF TECHNOLOGY TRANSFER ARRANGEMENT, EXCEPT IN CASES OF EARLY TERMINATION OF TECHNOLOGY TRANSFER ARRANGEMENT DUE TO REASON(S) ATTRIBUTABLE TO THE LICENSEE; (J) THOSE WHICH REQUIRE PAYMENTS FOR PATENTS AND OTHER INDUSTRIAL PROPERTY RIGHTS AFTER THEIR EXPIRATION, TERMINATION ARRANGEMENT; (K) THOSE WHICH REQUIRE THAT THE TECHNOLOGY RECIPIENT SHALL NOT CONTEST THE VALIDITY OF ANY PATENTS OF THE TECHNOLOGY SUPPLIER; (L) THOSE WHICH RESTRICT THE RESEARCH AND DEVELOPMENT ACTIVITIES OF THE LICENSEE DESIGNED TO ABSORB AND ADAPT THE TRANSFERRED TECHNOLOGY TO LOCAL CONDITIONS OR TO INITIATE RESEARCH AND DEVELOPMENT PROGRAMS IN CONNECTION WITH NEW PRODUCTS, PROCESSES OR EQUIPMENT; (M) THOSE WHICH PREVENT THE LICENSEE FROM ADAPTING THE IMPORTED TECHNOLOGY TO LOCAL CONDITIONS, OR INTRODUCING INNOVATION TO IT, AS LONG AS IT DOES NOT IMPAIR THE QUALITY STANDARDS PRESCRIBED BY THE LICENSOR; (N) THOSE WHICH EXEMPT THE LICENSOR FROM LIABILITY FOR NON-FULFILLMENT OF HIS RESPONSIBILITIES UNDER THE TECHNOLOGY TRANSFER ARRANGEMENT AND/OR LIABILITY ARISING FROM THIRD PARTY SUITS BROUGHT ABOUT BY THE USE OF THE LICENSED PRODUCT OR THE LICENSED TECHNOLOGY; AND (O) OTHER CLAUSES WITH EQUIVALENT EFFECTS.</p><p><br /></p></strong></p><p><strong>C. </strong>Can an article of commerce serve as a trademark and at the</p><p>same time enjoy patent and copyright protection? Explain</p><p>and give an example. (2%)</p><p><strong> </strong></p><p><strong>VII</strong></p><p>Union Mines, Inc. has total assets of P60 million with 210</p><p>stockholders holding at least 100 shares each.</p><p>The company has two principal stockholders, ABC which</p><p>owns 60% of the shares of stock, and XYZ which owns 17%.</p><p>ABC in turn is owned to the extent of 21.31% by Acme, Inc.;</p><p>29.69% by Golden Boy, Inc.; 9% by XYZ; and the rest by</p><p>individual stockholders.</p><p>None of the parties is a publicly-listed company.</p><p>XYZ now proposes to buy Acme’s and Golden Boy’s shares</p><p>in ABC, which would give it direct control of ABC and indirect</p><p>control of Union Mines.</p><p>Is the proposed acquisition by XYZ subject to the mandatory</p><p>tender offer rule? Why or why not? What is a tender offer and</p><p>when is it mandatory? (5%)</p><p><br /></p><p><strong>SRC RULE 19.1.1</strong></p><p><strong>G. TENDER OFFER MEANS A PUBLICLY ANNOUNCED INTENTION BY A PERSON ACTING ALONE OR IN CONCERT WITH OTHER PERSONS (HEREINAFTER REFERRED TO AS “PERSON”) TO ACQUIRE EQUITY SECURITIES OF A PUBLIC COMPANY AS DEFINED IN SRC RULE 3.</strong></p><p><strong>H. TENDER OFFER MATERIALS MEANS: (I) THE BIDDER’S FORMAL OFFER, INCLUDING ALL THE MATERIAL TERMS AND CONDITIONS OF THE TENDER OFFER AND ALL AMENDMENTS THERETO; (II) THE RELATED TRANSMITTAL LETTER (WHEREBY SECURITIES OF THE TARGET COMPANY WHICH ARE SOUGHT IN THE TENDER OFFER MAY BE TRANSMITTED TO THE BIDDER OR ITS DEPOSITORY) AND ALL AMENDMENTS THERETO; AND (III) PRESS RELEASES, ADVERTISEMENTS, LETTERS AND OTHER DOCUMENTS PUBLISHED BY THE BIDDER OR SENT OR GIVEN BY THE BIDDER TO SECURITY HOLDERS WHICH, DIRECTLY OR INDIRECTLY, SOLICIT, INVITE OR REQUEST TENDERS OF THE SECURITIES BEING SOUGHT IN THE TENDER OFFER.</strong></p><p><br /></p><p><strong>SRC RULE 19.1.2. MANDATORY TENDER OFFERS</strong></p><p><strong>A. EXCEPT AS PROVIDED IN PARAGRAPH 3 BELOW, A PERSON IS REQUIRED TO MAKE A TENDER OFFER FOR EQUITY SHARES OF A PUBLIC COMPANY IN AN AMOUNT EQUAL TO THE NUMBER OF SHARES THAT THE PERSON INTENDS TO ACQUIRE IN THE FOLLOWING CIRCUMSTANCES:</strong></p><p><strong>I. THE PERSON INTENDS TO ACQUIRE FIFTEEN PERCENT (15%) OR MORE OF THE EQUITY SHARES OF A PUBLIC COMPANY PURSUANT TO AN AGREEMENT MADE BETWEEN OR AMONG THE PERSON AND ONE OR MORE SELLERS;</strong></p><p><strong>II. THE PERSON INTENDS TO ACQUIRE THIRTY PERCENT (30%) OR MORE OF THE EQUITY SHARES OF A PUBLIC COMPANY WITHIN A PERIOD OF 12 MONTHS; OR</strong></p><p><strong>III. THE PERSON INTENDS TO ACQUIRE SHARES THAT WOULD RESULT IN OWNERSHIP OF MORE THAN FIFTY PERCENT (50%) OF THE EQUITY SHARES OF A PUBLIC COMPANY.</strong></p><p><strong>B. A PERSON SHALL BE PRESUMED TO HAVE THE INTENT THAT WOULD MANDATE THE MAKING OF A TENDER OFFER PURSUANT TO PARAGRAPH (A) ABOVE WHEN THE PERSON, RESPECTIVELY:</strong></p><p><strong>I. ACQUIRES 15% OR MORE OF THE EQUITY SHARES OF A PUBLIC COMPANY PURSUANT TO AN AGREEMENT MADE BETWEEN OR AMONG THE PERSON AND THE SELLER OR SELLERS;</strong></p><p><strong>II. ACQUIRES 30% OR MORE OF THE SHARES OF A PUBLIC COMPANY WITHIN A PERIOD OF 12 MONTHS; OR</strong></p><p><strong>III. ACQUIRES SHARES THAT RESULT IN OWNERSHIP OF MORE THAN FIFTY PERCENT (50%) OF THE EQUITY SHARES OF A PUBLIC COMPANY.</strong></p><p><strong> </strong></p><p><strong>VIII</strong></p><p>Marlon deposited with LYRIC Bank a money market</p><p>placement of P1 million for a term of 31 days. On maturity date,</p><p>one claiming to be Marlon called up the LYRIC Bank account</p><p>officer and instructed him to give the manager’s check</p><p>representing the proceeds of the money market placement to</p><p>Marlon’s girlfriend Ingrid.</p><p>The check, which bore the forged signature of Marlon, was</p><p>deposited in Ingrid’s account with YAMAHA Bank. YAMAHA</p><p>Bank stamped a guaranty on the check reading: “All prior</p><p>endorsements and/or lack of endorsement guaranteed.”</p><p>Upon presentment of the check, LYRIC Bank funds the</p><p>check. Days later, Marlon goes to LYRIC Bank to collect his</p><p>money market placement and discovers the foregoing transactions.</p><p>Marlon thereupon sues LYRIC Bank which in turn files a</p><p>third-party complaint against YAMAHA Bank. Discuss the</p><p>respective rights and liabilities of the two banks. (5%)</p><p><br /></p><p><strong>IX</strong></p><p>Your client Dianne approaches you for legal advice on</p><p>putting up a medium-sized restaurant business that will specialize</p><p>in a novel type of cuisine. As Dianne feels that the business is a</p><p>little risky, she wonders whether she should use a corporation as</p><p>the business vehicle, or just run it as a single proprietorship. She</p><p>already has an existing corporation that is producing meat</p><p>products profitably and is also considering the alternative of</p><p>simply setting up the restaurant as a branch office of the existing</p><p>corporation.</p><p><strong>A. </strong>Briefly explain to your client what you see as the legal</p><p>advantages and disadvantages of using a separate</p><p>corporation, a single proprietorship, or a branch of an</p><p>existing corporation for the proposed restaurant business.</p><p>(3%)</p><p><strong>B</strong>. If you advise your client to use a corporation, what officer</p><p>positions must the corporation at least have? (2%)</p><p><strong>C. </strong>What particular qualifications, if any, are these officers</p><p>legally required to possess under the Corporation Code?</p><p>(2%)</p><p><br /></p><p><strong>X</strong></p><p>To secure a loan of P10 million, Mario mortgaged his</p><p>building to Armando. In accordance with the loan arrangements,</p><p>Mario had the building insured with First Insurance Company for</p><p>P10 million, designating Armando as the beneficiary.</p><p>Armando also took an insurance on the building upon his</p><p>own interest with Second Insurance Company for P5 million.</p><p>The building was totally destroyed by fire, a peril insured</p><p>against under both insurance policies. It was subsequently</p><p>determined that the fire had been intentionally started by Mario</p><p>and that in violation of the loan agreement, he had been storing</p><p>inflammable materials in the building.</p><p><strong>A. </strong>How much, if any, can Armando recover from either or both</p><p>insurance companies? (2%)</p><p><strong>B. </strong>What happens to the P10 million debt of Mario to Armando?</p><p>Explain. (3%)</p><p><strong> </strong></p><p><strong>XI</strong></p><p>Enrique obtained from Seguro Insurance Company a</p><p>comprehensive motor vehicle insurance to cover his top of the line</p><p>Aston Martin. The policy was issued on March 31, 2010 and, on</p><p>even date, Enrique paid the premium with a personal check</p><p>postdated April 6, 2010.</p><p>On April 5, 2010, the car was involved in an accident that</p><p>resulted in its total loss.</p><p>On April 10, 2010, the drawee bank returned Enrique’s check</p><p>with the notation “Insufficient Funds.” Upon notification, Enrique</p><p>immediately deposited additional funds with the bank and asked</p><p>the insurer to redeposit the check.</p><p>Enrique thereupon claimed indemnity from the insurer. Is</p><p>the insurer liable under the insurance coverage? Why or why</p><p>not? (3%)</p><p><strong> </strong></p><p><strong>XII</strong></p><p>AA entered into a contract with BB for the latter to transport</p><p>ladies wear from Manila to France with transhipment via Taiwan.</p><p>Somehow the goods were not loaded in Taiwan on time, hence,</p><p>these arrived in France “off-season.” AA was only paid for onehalf</p><p>(1/2) the value by the buyer.</p><p>AA claimed damages from BB. BB invoked prescription as a</p><p>defense under the Carriage of Goods by Sea Act. Considering the</p><p>“loss of value” of the ladies wear as claimed by AA, is BB’s</p><p>defense tenable? Explain. (3%)</p><p><strong> </strong></p><p><strong>XIII</strong></p><p>Paolo, the owner of an ocean-going vessel, offered to</p><p>transport the logs of Constantino from Manila to Nagoya.</p><p>Constantino accepted the offer, not knowing that the vessel was</p><p>manned by an irresponsible crew with deep-seated resentments</p><p>against Paolo, their employer.</p><p>Constantino insured the cargo of logs against both perils of</p><p>the sea and barratry. The logs were improperly loaded on one side,</p><p>thereby causing the vessel to tilt on one side. On the way to</p><p>Nagoya, the crew unbolted the sea valves of the vessel causing</p><p>water to flood the ship hold. The vessel sank.</p><p>Constantino tried to collect from the insurance company</p><p>which denied liability, given the unworthiness of both the vessel</p><p>and its crew.</p><p>Constantino countered that he was not the owner of the</p><p>vessel and he could therefore not be responsible for conditions</p><p>about which he was innocent.</p><p><strong>A. </strong>Is the insurance company liable? Why or why not? (3%)</p><p><strong>B. </strong>What is “barratry” in marine insurance? (2%)</p><p><strong><p>BARRATRY IN MARINE INSURANCE MEANS FRAUD BY A MASTER OR CREW AT THE EXPENSE OF THE OWNERS OF THE SHIP OR ITS CARGO. </p></strong></p><p><br /></p><p><strong> </strong></p><p><strong>XIV</strong></p><p>When OCCIDENTAL Bank folded up due to insolvency,</p><p>Manuel had the following separate deposits in his name: P200,000</p><p>in savings deposit; P250,000 in time deposit; P50,000 in a current</p><p>account; P1 million in a trust account; and P3 million in money</p><p>market placement. Under the Philippine Deposit Insurance</p><p>Corporation Act, how much could Manuel recover? Explain.</p><p>(2%)</p><p><br /></p><p><strong>XV</strong></p><p>While vacationing in Boracay, Valentino surreptitiously took</p><p>photographs of his girlfriend Monaliza in her skimpy bikini. Two</p><p>weeks later, her photographs appeared in the Internet and in a</p><p>national celebrity magazine.</p><p>Monaliza found out that Valentino had sold the photographs</p><p>to the magazine and, adding insult to injury, uploaded them to his</p><p>personal blog on the Internet.</p><p><strong>A. </strong>Monaliza filed a complaint against Valentino for damages</p><p>based on, among other grounds, violation of her intellectual</p><p>property rights. Does she have any cause of action? Explain.</p><p>(2%)</p><p><strong>B</strong>. Valentino’s friend Francesco stole the photographs and</p><p>duplicated them and sold them to a magazine publication.</p><p>Valentino sued Francesco for infringement and damages.</p><p>Does Valentino have any cause of action? Explain. (2%)</p><p><strong>C. </strong>Does Monaliza have any cause of action against Francesco?</p><p>Explain. (2%)</p><p><strong> </strong></p><p><strong>XVI</strong></p><p>An importer of Christmas toys loaded 100 boxes of Santa</p><p>Claus talking dolls aboard a ship in Korea bound for Manila.</p><p>With the intention of smuggling one-half of his cargo, he took a</p><p>bill of lading for only 50 boxes. On the voyage to Manila, 50</p><p>boxes were jettisoned to save the more precious cargo.</p><p><strong>A. </strong>Is the importer entitled to receive any indemnity for average?</p><p>Explain. (2%)</p><p><strong>B. </strong>What are the types of averages in marine commerce? (3%)</p><p><strong>PARTICULAR AVERAGE. THE OWNER OF THE VESSEL SHALL SHOULDER THE AVERAGE. GENERALLY SPEAKING, SIMPLE OR PARTICULAR AVERAGES INCLUDE ALL EXPENSES AND DAMAGES CAUSED TO THE VESSEL OR CARGO WHICH HAVE NOT INURED TO THE COMMON BENEFIT (ART. 809, AND ARE, THEREFORE, TO BE BORNE ONLY BY THE OWNER OF THE PROPERTY WHICH GAVE RISE TO THE SAME (ART. 810) WHILE GENERAL OR GROSS AVERAGES INCLUDE "ALL THE DAMAGES AND EXPENSES WHICH ARE DELIBERATELY CAUSED IN ORDER TO SAVE THE VESSEL, ITS CARGO, OR BOTH AT THE SAME TIME, FROM A REAL AND KNOWN RISK" (ART. 811). BEING FOR THE COMMON BENEFIT, GROSS AVERAGES ARE TO BE BORNE BY THE OWNERS OF THE ARTICLES SAVED (ART. 812)</strong></p><p><br /></p><p><strong>XVII</strong></p><p>The Supreme Court has held that fraud is an exception to the</p><p>“independence principle” governing letters of credit. Explain this</p><p>principle and give an example of how fraud can be an exception.</p><p>(3%)</p><p><strong>THE INDEPENDENCE PRINCIPLE IS BASICALLY VERY SIMPLE AND IT IS FUNDAMENTAL TO THE USEFULNESS OF LETTERS OF CREDIT. IT IS WHAT MAKES A LETTER OF CREDIT USEFUL WHERE AN ORDINARY CONTRACTUAL OBLIGATION WOULD NOT BE. THE INDEPENDENCE PRINCIPLE STATES THAT THE ISSUER'S OBLIGATION TO THE BENEFICIARY IS ENTIRELY INDEPENDENT OF THE BENEFICIARY'S OBLIGATION TO THE APPLICANT OR THE APPLICANT'S OBLIGATION TO THE ISSUER.</strong></p><p><br /></p><p><strong>XVIII</strong></p><p>For years, Y has been engaged in the parallel importation of</p><p>famous brands, including shoes carrying the foreign brand</p><p>MAGIC. Exclusive distributor X demands that Y cease</p><p>importation because of his appointment as exclusive distributor of</p><p>MAGIC shoes in the Philippines.</p><p>Y counters that the trademark MAGIC is not registered with</p><p>the Intellectual Property Office as a trademark and therefore no</p><p>one has the right to prevent its parallel importation.</p><p><strong>A. </strong>Who is correct? Why? (2%)</p><p><strong>B. </strong>Suppose the shoes are covered by a Philippine patent issued</p><p>to the brand owner, what would your answer be? Explain.</p><p>(2%)</p><p><strong> </strong></p><p><strong>XIX</strong></p><p>Dr. Nobel discovered a new method of treating Alzheimer’s</p><p>involving a special method of diagnosing the disease, treating it</p><p>with a new medicine that has been discovered after long</p><p>experimentation and field testing, and novel mental isometric</p><p>exercises. He comes to you for advice on how he can have his</p><p>discoveries protected.</p><p>Can he legally protect his new method of diagnosis, the new</p><p>medicine, and the new method of treatment? If no, why? If yes,</p><p>how? (4%)</p><p></p><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-5479363146856366124?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0tag:blogger.com,1999:blog-1067812882461512069.post-69967311068785259712010-12-06T21:28:00.001+08:002010-12-06T21:33:17.611+08:002010-12-06T21:33:17.611+08:00DID I MARRY THE RIGHT PERSON?<p>This is a very good article. Those who are still single may learn something from here... Those who are already married or in a commitment may take it as a guideline to improve your marriage & relationship ... </p><p> </p><p>DID I MARRY THE RIGHT PERSON? </p><p> </p><p>During one of our seminars, a woman asked a common question. She said, "How do I know if I married the right person?" I noticed that there was a large man sitting next to her so I said, "It depends. Is that your husband?" In all seriousness, she answered "How do you know?" </p><p> </p><p>Let me answer this question because the chances are good that it's weighing on your mind.</p><p> </p><p>Here's the answer. EVERY relationship has a cycle. In the beginning, you fell in love with your spouse/partner. You anticipated their call, wanted their touch, and liked their idiosyncrasies (unconventional behavior/habit) . </p><p> </p><p>Falling in love with your spouse wasn't hard. In fact, it was a completely natural and spontaneous experience. You didn't have to DO anything. That's why it's called "falling" in love... Because it's happening TO YOU. </p><p> </p><p>People in love sometimes say, "I was swept of my feet." Think about the imagery of that __expression. It implies that you were just standing there; doing nothing, and then something came along and happened TO YOU. </p><p> </p><p>Falling in love is easy. It's a passive and spontaneous experience. But after a few years of marriage, the euphoria (excitement) of love fades. It's the natural cycle of EVERY relationship. Slowly but surely, phone calls become a bother (if they come at all), touch is not always welcome (when it happens), and your spouse's idiosyncrasies, instead of being cute, drive you nuts. </p><p> </p><p>The symptoms of this stage vary with every relationship, but if you think about your marriage, you will notice a dramatic difference between the initial stage when you were in love and a much duller or even angry subsequent stage. </p><p> </p><p>At this point, you and/or your spouse might start asking, "Did I marry the right person?" And as you and your spouse reflect on the euphoria of the love you once had, you may begin to desire that experience with someone else. This is when marriages or relationship breakdown. People blame their spouse/partner for their unhappiness and look outside their marriage/relationsh ip for fulfillment. </p><p> </p><p>Extramarital fulfillment comes in all shapes and sizes. Infidelity is the most obvious. But sometimes people turn to work, a hobby, excessive TV, or abusive substances. </p><p> </p><p>But the answer to this dilemma does NOT lie outside your marriage. It lies within it. I'm not saying that you couldn't fall in love with someone else. You could. </p><p> </p><p>And TEMPORARILY you'd feel better. But you'd be in the same situation a few years later. Because (listen carefully to this): </p><p> </p><p>THE KEY TO SUCCEEDING IN MARRIAGE/RELATIONSH IP IS NOT FINDING THE RIGHT PERSON; IT'S LEARNING TO LOVE THE PERSON YOU FOUND. </p><p> </p><p>SUSTAINING love is not a passive or spontaneous experience. It'll NEVER just happen to you. You can't "find" LASTING love. You have to "make" it day in and day out. That's why we have the __expression "the labor of love." Because it takes time, effort, and energy. And most importantly, it takes WISDOM. You have to know WHAT TO DO to make your marriage/relationsh ip work. Sure true love can only happen after you've fallen out of love. When you begin choosing to love, even if you don't feel like doing it ---- that's true love. And that's the foundation of a lasting and strong marriage. </p><p> </p><p> </p><p>Make no mistake about it. Love is NOT a mystery. There are specific things you can do (with or without your spouse) to succeed with your marriage. </p><p> </p><p>Just as there are physical laws of the universe (such as gravity), there are also laws for relationships. Just as the right diet and exercise program makes you physically stronger, certain habits in your relationship WILL make your marriage stronger. It's a direct cause and effect. If you know and apply the laws, the results are predictable. .. you can "make"love. </p><p> </p><p>Love is indeed a "decision".. . Not just a feeling. You'll not just go away with your relationship just because the feeling is gone. In the Bible, love is a command. You make it happen.</p><p> </p><p>Remember this always: </p><p> </p><p>"God determines who walks into your life. It is up to you to decide who you let walk away, who you let stay, and who you refuse to let go." FW: Ruth Beltran</p><p> </p><p>"Marriage is more than saying I Do. Marriage, like a precious plant, needs constant tending for it to grow, flourish, and bear fruti to last a lifetime, and beyond."-David and Evelyn Felician</p><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-6996731106878525971?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0tag:blogger.com,1999:blog-1067812882461512069.post-39597269565278198672007-02-20T01:37:00.000+08:002007-02-20T01:48:01.230+08:002007-02-20T01:48:01.230+08:00Top 3 on Oblicon Exam !Whoohohoah! I never thought I would get this ranking at the top. I admit Obligations and Contracts is one of the difficult subjects I have for this semester. I have to read the topic for the lessons every meeting four times, imagine that. Take note of that, I said I have to read four times in order for me to understand the subject matter. I really never thought that I would be one of the top 4 because a classmate said to me I lost a lot, the half of my Oblicon life when I did not attend the meeting prior to the exam day. But look what I've got! Hazel got 88, Ms. Viva got 87, and I got 83. Reigi got 80. I guess only 8 or 9 passed the exam, and I am glad I'm one of those.<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-3959726956527819867?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0tag:blogger.com,1999:blog-1067812882461512069.post-4744391474568957572007-02-18T11:12:00.000+08:002007-02-18T11:26:50.992+08:002007-02-18T11:26:50.992+08:00Stuck on You by Lionel RichieLionel Richie originally sang this song. Kenny Rogers had his own version of this song, too. I was riding on a bus going to school, when I heard this song. I was damn 30 minutes late, and a little bit pissed of, but because of this song, a smile came out of my face.<br /><br />This song really struck me because this is what is happening to me right now (only to some extent). Im stuck on someone who I dont wanna say no to everything he says. I'll just nod my head, whoosh, that's not me. I used to be a domineering, kinda sassy girl. But with this one is different. He could make me say yes to everything he wants, but of course this is not absolute.<br /><br />Anyway, this post is supposed to be for the song. I dont know who these singers are, I just got this from youtube.com<br /><br /><embed src="http://www.youtube.com/v/C_gqB-fz4O8" width="425" height="350" type="application/x-shockwave-flash" wmode="transparent"></embed><br /><br />Stuck on you<br />Ive got this feeling down<br />Deep in my soul<br />That I just cant lose<br />Guess, Im on my way<br />Needed a friend<br />And the way I feel now I guess<br />Ill be with you till the end<br />Guess Im on my way<br />Mighty glad you stayed<br />Im stuck on you<br />Been a fool too long I guess<br />Its time for me to come on home<br />Guess Im on my way<br />So hard to see<br />That a woman like you could wait<br />Around for a man like me<br />Guess Im on my way<br />Mighty glad you stayed<br />Oh, Im leaving on that midnight train<br />And I know just where Im going<br />Ive packed up my troubles<br />And Ive thrown them all away<br />Because this time little darlin<br />Im coming home to stay<br /><br />Im stuck on you<br />Ive got this feeling down<br />Deep in my soul<br />That I just cant lose<br />Guess, Im on my way<br />Needed a friend<br />And the way I feel now I guess<br />Ill be with you till the end<br />Guess Im on my way<br />Im mighty glad you stayed<br /><blockquote></blockquote><blockquote></blockquote><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1067812882461512069-474439147456895757?l=november021984.blogspot.com' alt='' /></div>Margehttp://www.blogger.com/profile/14264757731466549987noreply@blogger.com0