Wednesday, November 21, 2007
Foks, on Friday, i will be taking an exam and my career as a law student hangs on this particular subject because of its inherent difficulty. I'm referring to the laws on Labor Relations.

This subject, to be sure, is both a substantive and remedial. Substantive because it defines the rights and obligations of an employer and the employee in their relationship as employer-employee. It is also remedial because it provides for the remedies, so to speak, or the proper procedures for any party in a contract of employment in enforcing his/its rights and demands.

I will post any article as soon as I'm thru with my examination.

ciao for now.
 
posted by Leusen at 9:18 PM | 2 comments
Pagta as we have discussed is a form of contract between two minds, the terms of which were not reduced into writing until the Pagta of the Kalingas were codified by its local government.

Like all contracts, pagtas do have solemnities, which the parties must observe with utmost good faith.

There must be good faith for its absence would undermine the purpose for which a contract was entered into by and between the parties thereto.

For civil contracts, there are formalities that must be followed before the same may be valid and enforceable in the courts of law in the Philippines. Under the Statutes of Frauds, there are certain contracts, like sale of a land or the transfer of right over it, that the contract must be in WRTING, in order that it mat be enforceable. And under certain provision of the Civil Code, the the contract must be in a public instrument in order that the same may be valid.

As for pagtas, it is sufficient that the parties thereto agreed upon the terms and conditions of the contract. An agreement may be defined as the meeting of the minds of the parties in a contract. There is no requirement that the same must be in writing in order for it to be enforceable according to the laws and customs of the place.

In fine, a pagta may or may not be in writing. As for the Kalingas, the original pagtas were done orally - but the same continued to govern the parties in the pagta.
 
posted by Leusen at 9:04 PM | 0 comments
Tuesday, November 20, 2007
I went through one (1) semester at the Ateneo de Davao University
College of Law trying to understand the concept of obligations.  

An obligation is defined under the New Civil Code. 
According to the law, "An obligation is a juridical necessity to GIVE, to DO
and NOT to DO.

Obligations arise from  five sources of obligations, namely:

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts.

I wish to include:
 
6. Pagtas.

In my mind, although technically speaking, pagtas are not
enforceable in civil courts, these are essentially,
sources of natural obligations.

 
 
posted by Leusen at 9:21 PM | 0 comments
Friday, November 16, 2007
Cherry Rose Cua-Quinones. She is my sister's cousin-in-law. A very bubbly and giggly lady, one can really think that she doesn't know what problem means. Honestly, the first time I met her, I can't help myself but giggle,laugh and giggle again. You try to visit her site and you'll know what I'm talking about.

Anyway, thank you for featuring me in your blog. you are indeed our inspiration in this blogging realm.

Thank you ate cheche.

Labels:

 
posted by Leusen at 4:48 AM | 0 comments
Sunday, November 11, 2007
I just want to let my readers know why i am developing this site in this manner.
Please bear with me.
I was born at Tabuk, Kaling Province (now, Tabuk City) sometime in 1984. The place is a fertile valley with many rice fields from end to no end. Rice terraces grace the slopes of some selected hills. It is the rice granary of the region, in other words, there is abundance of wealth in the place. This is also the place where i grew up.
The only sad feature (for me) of this place is the fact that tribal war is rampant.
In fact, as an elementary pupil, i felt the impact of tribal warfare at Tabuk, Kalinga when some of our teachers did not report to their classes for more than one (1) month. The same thing happened when i was in my secondary.
Not too few pupils and students and teachers left Tabuk and went back to their respective family homes in order to preserve their lives and/or to protect their families while tribal wars were on-going.
The members of each warring tribe leave Tabuk as soon as the war is announced.
What is peculiar at Kalinga is the fact that not all the tribes fight at the same time. The tribal wars were only between two tribes at a time.
I was very young when i had this wild idea to write something about pagta; good graces, this blogging activity gave me some space for me to just write down my thoughts and arrange some ideas that have long been in me...
 
posted by Leusen at 10:14 PM | 1 comments
A blood tie/pact is forged between individuals who swore with their bloods by drinking the same that they would perform or not perform an act or activity.
Unlike a blood tie, which would include a dark side of a pact, that is the doing of some evil acts, the original pagta was forged for purposes of maintaning a peaceful environment.
Thus a slight distinction between the two kinds of pacts is drawn. While blood ties on the other hand, may include the doing of an evil act, which to my mind should be avoided at all times, pagtas include only the goal of maintaining a peaceful environment for the youngsters to thrive.
At the advent of modern civil societies, civil contracts took the place of blood ties and even of pagtas (with the exception of the pagtas of the Kalingas, which is already codified). However despite modernization, the same must not bar the forging of pagtas between the different groups of peoples in the Philippines.
In all of these - pacts, agreements, covenants, vows, contracts, name them, the most important, as we have seen, is the entering of two autonomous minds or groups into a pagta with simple goal at hand - that is - for the perfection of the human race by creating an atmosphere where peace is respected. Ideal as it may be, we must all concede that the attainment of peace is in the heart of every living individual on the planet today.
 
posted by Leusen at 9:53 PM | 1 comments
Thursday, November 8, 2007
Settling a conflict, say for a land dispute, in an amicable manner gives satisfaction to both the parties.
For civil cases, family members cannot go to court for complaints against a member of the family without first showing to the satisfaction of the court that there was utmost effort to settle the conflict between the family and that said effort failed. The failure of the parties to satisfy the judge of this fact may be a ground for the dismissal of their case in court.
It will not hurt the parties to settle the matter amicably. Amicus meaning friend.
In pagtas, settling the conflict outside the bounderies of a court proceeding expedites the settlement and leaves the parties still satisfied with the adjudication.
I believe that the basic element of settlement of conflicts is mutual satisfaction of the parties. Without this element, the parties in civil cases would go on appeal until the Court of Last Say would render its decision after many years of unwanted litigation.
In fine, a friendly approach to settling conflicts is still the ideal.
 
posted by Leusen at 8:58 PM | 1 comments
Wednesday, November 7, 2007
After learning the essentials of a pagta and it is just like an ordinary contract, let me introduce the spirit behind a pagta.
Viewed from its origin, the pagta is a mechanism devised by the warriors of old in order to establish a peace pact between and among themselves.
The establishment of a peaceful surroundings, fit for the growth and development of the youngsters, is the driving force behind the original pagtas of old.
Such peace, which is, up to the present, desired by many could be attained, this author believes - when we learn how to respect the autonomy of each individual with whom we deal with on a daily basis.
This kind of respect is of high importance. According to Immanuel Kant, a great philosopher in his own rights, autonomy is the wholeness of a person; this autonomy therefore defines a person.
To my mind, an individual's worth is embodied in his/her being a person. Under the Civil concept of a person, a "person" is one who/that has rights and obligations created by law.
In our study, we have seen that a pagta establishes the rights and obligations of the parties thereto. However, since the codification of the pagta in Kalinga Province, all "persons" covered by the said pagta in the said province can trace their rights and obligations from the set of precepts and rules and regulations that they have voluntarily established by and for themselves. In truth, a real pagta, as we have already discussed in the earlier articles, is the law between the parties.
That law defines persons' rights and obligations; hence pagta as a source of rights and obligations, must not be taken lightly but with utmost respect.
In closing, every individual under the 1987 Constitution may freely enter into contracts, which contracts may not be abridged by any law, provided only that the said contracts are not contrary to law, morals, public order, public policy and GOOD CUSTOM.
The inclusion of good custom in the proviso indicates that the Fundamental law of the land and such pertinent laws recognize that there are good customs - one of which, this author believes, is the amicable settlement of conflicts.
In our next articles, we shall discuss briefly some laws and actual cases decided by the Supreme Court where amicable settlement became a requisite sine qua non before a ripe case may be filed in a court of law.
 
posted by Leusen at 5:28 PM | 0 comments
Tuesday, November 6, 2007
In the Bible, it has been said that let your YES be YES and your NO be NO.
This Biblical advice imports either an approval or disapproval of a certain matter. Such matters may be contained in a contract, oral or instrumental. Anyway, the advice is clear: make your position clear and then follow it.
In relation with pagta, it is a normal setting that in every normal human endeavor, normal peoples enter into agreements, contracts or memoranda, which require some form. As stated earlier, either oral or instrumental.
Oral agreements require only a word of approval to the agreement. A "yea" or a "yes i agree" is enough to forge the relationship between the parties. And there must be an observance of the so-called palabra de honor.
Instrumental agreements on the other hand must be in writing for their enforceability but not for their validity. For in this world where individual minds are recognized by the State, upon the meeting of the minds of the parties, a contract is perfected.
As such, the terms of the contract, written or otherwise, becomes the law between the parties for entering on their free volition into the relationship coupled with responsibilities.
It is so too with PAGTA. There must be parties, who are both exercising independent minds. There must also be the so-called meeting of the minds for the perfection of the pagta. And more importantly, good faith on both parties.
Also, the terms and conditions and considerations and covenants in a given pagta though not written is the law between the parties thereto.
Most of the time, the problem lies in their enforcement. Either one of the parties, break the terms, wittingly or unwitingly.
Unwittingy because, as soon as the parties forgot the terms and conditions arrived at during the negotiation and perfection of the pagta, one of the parties either one of the parties break the same.
Wittingly because, one of the parties, either wanted only to display its superiority. Herein lies the bad faith, which must not be the case.
In both cases, the elders are consulted for proper adjudication. Most often, the elders follow their old rulings by applying them to similar or analogous cases.
In application, each of us must enter in to an agreement with a duty in mind to fulfill our promise in good faith. A simple promise to a child that you will buy him a coloring notebook is an agreement with that child, which must also be complied with in good faith.
Let us take a look at actual cases in our next articles.
 
posted by Leusen at 7:31 PM | 0 comments
Monday, November 5, 2007
Let me introduce myself.

My full name is Rex Dumlao "Leusen" Batay-an.

"Rex" is a Latin word, which means, "king". It imports stability and fairness of mind.

My Native name is "Leusen", which is given to me by my grandfather. It is our practice in our tribe that the elderly's name would be passed on to his grandchildren in order to retain that identity.

My middle name "Dumlao" speaks of my Ilocano blood line.

I also have a bloodline of Itnegs from the Province of Abra. My grandmother in the maternal line is a pure blooded Itneg, while my grandfather in the maternal line is pure blooded Ilocano. Both my grandparents in the paternal line are Aplais.

Hence, I am also bona fide member of the APLAI group of peoples, a minority group of peoples, with ancestral roots based at Sagada, Mt. Province.

I am therefore familiar with the ways of our elders of Aplais, Itnegs and Ilocanos.

I was born at Kalinga Province, where i witnessed several triabl warfares during my sixteen (16) years of stay there. From the day i was born on April 19, 1984 up to my Secondary Education. I moved to Laguna for four (4) years when i pursued my Bachelor's degree in Philosophy.

I am presently residing at Davao City, Midanao order to pursue my studies of Law.

I am now in my junior years at the Ateneo de Davao University College of Law.

In my next and succeeding entries, we will discuss the heart of this site.
PAGTAS AND THEIR IMPORTANCE TO OUR SOCIETY will be our guiding theme.

Henceforth, the term PAGTA shall embrace all kinds of contracts, written or unwritten, indigenous or otherwise. More importantly, it is an amicable way of settling disputes, whether on life, liberty or property.
 
posted by Leusen at 6:09 PM | 0 comments
Sunday, November 4, 2007
Hello everyone. Its exam day that's why I wasnt able to write something after the November 30. But as soon as im done with my exams, I'll post more articles here.

Ciao!
 
posted by Leusen at 7:02 PM | 0 comments