legal Free Legal Advice

[Butsoy]

Bunjee:

 

Do you mean Rai'son de etre?

 

Butsoy

 

 

Chunky:

 

Do you mean Rai'son de Etre?

 

 

 

Sorry Bunjee it was meant for chunky... di na ma edit kasi...anyway like Justices of the Supreme Court we also cimmit errors the only difference is that their errors are called "divine errors" while ours are "human errors".

 

Butsoy

[Butsoy]

Panyeros:

 

I like all your comments on the Davide Impeachment issue.... It’s a nice thing that you are fully aware of the great test to our country's democratic institutions... my concerns though are:

 

1. At the back of the curtain of that fantastic super road-show presentation, Davide will certainly be indebted to those politicians who sided with him and helped him nip that impeachment brouhaha. What will happen to cases of national importance pending before the Supreme Court and those about to come? Can we still expect an impartial Supreme Court, a blindfolded lady justice?

 

2. Without delving into the substance of the impeachable offenses of Erap and Davide, the impeachment process was applied diversely for Erap and for Davide... while Erap’s impeachment was railroaded by the Congressmen who preferred to ride on the unpopularity of Erap by way of media hype, Davide’s impeachment was “off-roaded” by the Congressmen and politicians who want to ride on the popularity of the issue again by way of media hype. It portrays and highlighted the immaturity of our political system where politics of personalty and patronage still prevail than politics of issues and national interest.

 

3. The Filipino poor, the “masa” who doesnt understand what form of legalesse the political leaders applied and used on the Erap and Davide impeachment issues, will only wonder with greater apathy thinking that this government is not for them but for the rich, the famous and the few (the 100 families 97% of them are Spanish Mestizo’s, American’s, Chinese, Hindu’s and other foreign sounding surnames) who control the wealth of the nation.

 

4. The resolution of the justiciability of the issues on impeachment proceedings in favor of Chief Justice Davide displays likewise the kind of judicial arrogance of the justices (which was concurred in by the political leaders in the guise of avoiding a constitutional crisis)

 

How can the justices vote against their own chief justice? Were it possible for them to adopt a hands-off policy and yield to the Impeachment Court (The Senate irregardless of whether there are nincompoops in the pack) to decide on the issues? In common street jargon "Lutong makaw na yan"

 

The core issue of the Davide impeachment is not on whether the 86 or so Congressmen committed grave mistake (or abuse of discretion) in passing the impeachment complaint, nor does it rest on whether “filing” and “initiating” are one and the same or a two different kind of insects. The very important issue which was sideswept in this impeachment brouhaha is "Who should have decided those issues raised, considering that impeachment is a political issue? Was the Supreme Court credible in deciding it considering that the one in the hot seat is their Supremo, the Chief Justice of the Supreme Court? Could the Supreme Court have decided consistently if the one in the hotseat was any other impeachable constitutional officers of the country? or should those issues have been left to the sapient decision of the Impeachment Court?

 

It is of no moment if the decision on the fate of an illustrious legal luminary and considered as one of the pillars and best mind in the judiciary today, will be placed in the hands of the likes of Jaworski, Revilla, Oreta, de Castro etc...(after all the Filipino people voted for them for a fee of Php500.00 per vote more or less)The greater issue is which institution should have decided on those issues facing the impeachment proceedings... Is it the Supreme Court or the Impeachment Court. Fellow apostles of the law, read the strings of local and US jurisprudence on this matter.

 

We can only mature as a nation if we learn to act not for the good of the few, the rich and the famous, but, if , as a Filipino nation, we will learn to apply the even hand of the law and strike the sword of the blindfolded lady justice to whoever and wherever it should rightfully and justiciably fall hard, all in the interest of the Filipino nation---Country first before self.

 

As lawyers we should not act like leaves of a tree which go wherever the strong wind sweep them to be, we should remember that as disciples of law, we are expected to have gained an independent and probing mind enough, if not overflowing, to decipher or to determine what is moral, just, lawful and right.

 

In my own personal two cents opinion, the justices of Supreme Court should have swallowed the bitter pill of hands-off policy, and should have allowed the course of impeachment proceedings run its natural procedural flow and conceded to the Impeachment Court the power to decide on those issues raised including the flaws committed by the initiators and instigators, prior to the formal impeachment trial of the almighty Chief Justice of the Supreme Court.

 

Can we kindly look back and forward, and see if we’re heading for the dogs? Why is it that our current situation has already driven the likes of Panfilo Villaruel to pick-up the unsharpened saber of Don Quixote and storm the Quixotic NAIA Airport Tower?

 

Delicadeza like common sense is not so common now a days... no wonder!

 

Isn’t it wise for the Chief Justice to resign now?

 

What ever it is...and lawyers as we are... we should always be prepared to agree to disagree.

 

But mind you guys... I admire Davide as a scholar of law.

 

 

 

Butsoy

 

as corrected

[Butsoy]

on the question of initiation of the complaint...justice maambong recounted thier deliberation during the drafting of the 1987 constitution and said that initiation is deemed as accomplished upon filing of the complaint with the HOuse and not upon a resolution by the House Committee on Justice that the complaint is sufficient in form and substance as propounded by the brat pack in accordance with their drafted internal rules...

 

another point raised by atty. cadiz of the IBP is that the SC is the last bastion of recourse that people can run to to declare if the internal rules on impeachment drafted by Congress is consitutional or not..

 

however, i also feel that the SC jumped the gun too early.by issue the status quo order. the issue would have been more ripe had they allowed Congress to proceed with the transmittal ( anyway the other half of Congress which is the Senate can still undo the mistake of the lower house)

 

my two cents worth..

 

Lionwing:

 

Kudos for delving deeper into the impeachment issue... My two cents worth of personal opinion says that: The justiciability of interpreting the word "to initiate" should have ripened only after the impeachment complaint have been transmitted to the Senate. The Senate could have inquired and ruled on whether "filing" means "initiating" and who ever was agrrieved by the Senates resolution of the issue could have run to the Supreme Court as the last constitutional bastion empowered to interpret the law and constitution.

 

IBP President Cadiz was partly right when he said that the Supreme Court is the court of last resort of the people which court is empowered to interpret ultimately the internal rules and procedure of the lower house...he failed however to include timing and ripeness of the issue. When is the proper time to submit for interpretation the cited issue? Was the issue ripe for judicial interpretation even prior to the transmittal to Senate of the impeachment complaint?

 

 

Butsoy

[leinad31]

guys!

 

do those download accelarators really work?

do they speed up my internet surfing as well?

 

i have download accelarator program DAP...

 

whats your say in this?

I used them before pero I don't see any browsing/download improvement.

 

If you want to download big files, then use P2P.

They have vast collection of files and it will try to get the same file from diff sources.

May resume fxn para pag na-discon, pwede download ulit kung saan naputol.

Unlike downloading from browser, kapag naputol ulit sa start.

 

Besides, some web sites won't let u use the download accl.

They will ask u to disable it first.

 

:mtc:

For resumable downloads sa internet, you can also try FlashGet, GetRight etc.

[roxysnonie]

just tried download accelarator program, bigtime!

 

a 20mb download file suppossed to be done in 2hr 45mins, took 1 hr30mins using dap... not bad!

 

DAP is resume supported! ok na rin...

 

 

:mtc:

[leinad31]

roxy, sulit pa rin ba yung slawdog? Gamit na gamit ko sya.

[roxysnonie]

ano nga link nun...

 

nawala akin eh...

[roxysnonie]

ano nga link nun...

 

nawala akin eh...

[rd180]

DAP really accelerates your downloading, and if you register it (by any means, such as crack,serial number,or legal license) you'll get a much better performance than what you currently enjoy . by the way, it's resume support only works if the web server you're downloading from supports resume.

[marc.alan]

Jupiter, thanks ha...

 

by the way, nabasa mo ba yung posting ko dito about my problem installing XP on my desktop?

you're welcome bro.

 

yes, I did. I answered it diba? Try to see kung may physical damage and PC mo. internally. sa akin kase before ganon ang prob. may sunog na surface mount capacitor sa Mem stick. Samsung lang kase yun eh.

 

pero nung pinalitan ko ng Kingmax ok na. Pangit lang sa kingmax hindi overclockable.

ah... oo nga pala... sorry ha.... tinatamad ako mag check back sa mga posts eh... hehehehehe

 

salamat!

[-=extreme=-]

you can try also getright or GoZilla, same function ...

[Cyber_pinoy]

Hello peeps, long time no hear/see!

 

The SC has spoken, the impeachment case against CJ Davide is unconstitutional. Let's go on please. Dami ng gustong mag-raise ng kanya-kanyang legal issues.

 

I-revive na lang natin tong discussion regarding impeachment kung the 1st complaint will be revived again.

 

Baka magalit si Butsoy, di na siya nakakapagbigay ng legal advice.... hehehe.....

[Butsoy]

Hello peeps, long time no hear/see!

 

The SC has spoken, the impeachment case against CJ Davide is unconstitutional. Let's go on please. Dami ng gustong mag-raise ng kanya-kanyang legal issues.

 

I-revive na lang natin tong discussion regarding impeachment kung the 1st complaint will be revived again.

 

Baka magalit si Butsoy, di na siya nakakapagbigay ng legal advice.... hehehe.....

 

Cyber:

 

We really have to move on and forward... otherwise our system will rot in lethargy.. what is important is we learn the lessons and learn it welll to avoid repeating the same mistake in the future....

 

hahahaha... hirap talaga maging lawyer.. kung anu-ano pumapasok sa utak.... anyway everything in her is part our mental calisthenics... baka magkaroon tayo ng mental atrophy... tuluyan ng di gumana ang ating mga legal minds... hehehehe.. kumusta ka na?

 

 

Butsoy

[TeeUp]

Chunky:

 

Do you mean Rai'son de Etre?

 

 

 

Sorry Bunjee it was meant for chunky... di na ma edit kasi...anyway like Justices of the Supreme Court we also cimmit errors the only difference is that their errors are called "divine errors" while ours are "human errors".

 

Butsoy

right, pareng butsoy,

 

when we hit the keys while a river of thoughts are rushing through our minds we sometimes, as i do now, humbly end up hiding under the mantle of mortal frailty...... i sincerely appreciate your pointing out the typo…

 

chunky

[matsutsu]

Tanong abt printers:

 

Ano mas matipid na printer base dun sa comsume ng ink?

Sa mga may net cafe dyan....ano ba yung printer na gamit nyo?

inkjet or laser?

[umbertoeklat]

:mtc: :mtc:

any you guys know where bambros the asus place is? people tell me they open 1 in megamall. any1 confirm?

confirmed. hindi nga bambros ang pangalan.

 

katapat ata ng Mac store dun sa cyberzone.

panay boards and laptops ang display.

[leinad31]

ano nga link nun...

 

nawala akin eh...

Heto po.

 

http://www.slawdog.com/products/smartsd/

[umbertoeklat]

guys!

 

do those download accelarators really work?

do they speed up my internet surfing as well?

 

i have download accelarator program DAP...

 

whats your say in this?

the only real use of d/l accelelators is the ability to 'resume download'

(not all sites allow this though)

and the ability to d/l a file by chunks. (w/c what really makes it faster)

if you have enough bandwidth or just using ur connection primarily for d/l, it'll be useful.

[vicaner]

Tanong abt printers:

 

Ano mas matipid na printer base dun sa comsume ng ink?

Sa mga may net cafe dyan....ano ba yung printer na gamit nyo?

inkjet or laser?

matsutsu inkjets or deskjet printers are at first very affordable vis-a-vis laserjet but in the long run iiyak ka sa mahal ng cartridges ng mga yan, almost like buying the printer again sa mahal unless of course you buy the refill thingies na nakakatakot din minsan gamitin kasi di refined ang ink nila at nakakasira minsan ng printer head, hich basically means you have to buy a new printer. laserjets on the otherhand is quite an investment at first almost 3 times ata ang price vs deskjet pero super menos ka sa cartidge/replacement toner at very fast printing pati, in the long run you'll save a lot of moolah, so if you can afford a laserjet it's the way to go. Wala pa nga lang atang colored laserjet that I know of, kung mayroon siguro super duper mahal!

[JUPITER]

tama si pareng vicaner.

 

meron nang colored laser dito. 150K lang yata hehehe.

 

seriously, kung inkjet ka, go Hewlett Packard, as of the moment ang ok yung DJ5160, 6K lang to sa Pinas, ang maganda kase dito yung features nya at yung volume ng ink. pwede to i-refill kase nasa cartridge naman ang head so if something goes wrong (like na-clog yung head), just do what you really should be doing, buy a new cartridge and everything's fine again.

 

yung laser, ang sabi sa akin, 200grams of the toner will print approx 2500-3000 pages. dito, ang refill ng toner mga 600-1k lang. at the same duty, inkjet inks would cost a lot.

 

HP din siempre. =)

[ekchi]

These are the causes for an annulment. Note that any of these causes must be existent at the time of marriage:

 

(1) when the person asking for annulment was above eighteen years old but below twenty-one, and the marriage was solemnized without the consent of the parents or guardian, unless after attaining the age of twenty-one, that person freely cohabited with the other as husband and wife;

 

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

 

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

 

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

 

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

 

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

 

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

 

(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

 

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

 

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)

[ekchi]

I partly concurr with the argument or the musings forwarded by Justice Busoy. I believe that the Supreme Court could not have acquired jurisdiction of the case at bar. It was premature. It had overtaken the decision of the HR to forward the impeachment complaint to the Senate and the decision of the Senate as to the legality of the impeachment.

 

Upon reading the Francisco case, I believe that this matter was not dealt with the clarity and depth shown in the discussion of the other issues such as justiciability and poltical question. I agree that the matter may be cognizable by the SC, that it is not a political question. But I strongly disagree with the decision of the SC to decide the matter during this early stage. For an action for certiorari to the SC, there must be no plain and/or speedy remedy available to the injured party. This has not been met in the case at bar.

 

Congressmen who did not believe the impeachment complaint could have blocked it at the HR. Davide and or other interested parties will also have an opportunity to block the complaint at the Senate by filing a motion to dismiss.

 

Notwithstanding the foregoing, the SC could have used the exception to the rule: transcendal public importance to jump over the prematurity issue. However, it did not do so. It contented itself with arguing that there was no speedy remedy available.

 

Just my 2 cents worth.

[drEVILmba]

:mtc: :mtc: :mtc:

thanks for the info guys.

 

Hope it doesn't cost me much :cry: :cry:

[matsutsu]

tama si pareng vicaner.

 

meron nang colored laser dito. 150K lang yata hehehe.

 

seriously, kung inkjet ka, go Hewlett Packard, as of the moment ang ok yung DJ5160, 6K lang to sa Pinas, ang maganda kase dito yung features nya at yung volume ng ink. pwede to i-refill kase nasa cartridge naman ang head so if something goes wrong (like na-clog yung head), just do what you really should be doing, buy a new cartridge and everything's fine again.

 

yung laser, ang sabi sa akin, 200grams of the toner will print approx 2500-3000 pages. dito, ang refill ng toner mga 600-1k lang. at the same duty, inkjet inks would cost a lot.

 

HP din siempre. =)

jupiter/vicaner

thanks sa info.

indi kasi ako malakas sa colored printing....mga utol ko.

balak ko ibenta na yung colored printer tapos bili na lng ng laser printer para indi na sila maka-print ng colored!

:evil:

 

 

 

P2P update:

Just tried eDonkey2000. I'm currently downloading Max Payne 2 and 3DMark03. (ISO)

I tried looking them sa Kazaa pero wala (or mali lng search string ko).

[matsutsu]

jupiter/vicaner

thanks sa info.

indi kasi ako malakas sa colored printing....mga utol ko.

balak ko ibenta na yung colored printer tapos bili na lng ng laser printer para indi na sila maka-print ng colored!

:evil:

 

 

 

P2P update:

Just tried eDonkey2000. I'm currently downloading Max Payne 2 and 3DMark03. (ISO)

I tried looking them sa Kazaa pero wala (or mali lng search string ko).

 

:cool: