Definition of Ownership in Property Law

Definitions of Ownership
Independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law. Power of a person over a thing for purposes recognized by law & within the limits established by law.

Complaint in Civil Procedure

Complaint
Both experience and common reason have taught us that before a person learns how to walk, he should learn how to crawl and before he learns to run, he should learn how to walk.

Similarly, before one could appreciate the intricacies of remedial law, one has to start with its basics. These so-called basics are actually the elementary processes of ordinary civil actions. The practitioner and the student of remedial law have to know that an overwhelming majority of Supreme Court decisions involve issues relating to fundamental procedural matters and that the most frequently tested bar concepts during the past thirty years of bar examinations, involve the operations of ordinary civil actions.

Ending Labor Contractualization

Duterte-Cayetano: we have the political will and plan to end labor contractualization

Only the Duterte-Cayetano tandem has the political will and the plan to put an end to the rampant practice of labor contractualization in the country, Senate Majority Leader Alan Peter Cayetano assured on Saturday, a day before the country observes the International Labor Day.

“While the other candidates in the upcoming polls continue to make empty promises, Mayor Duterte and I will just do it, we will get things done to create real changes for the Filipino workers,” Cayetano said.

3-point plan to phase out contractual jobs

The senator said that if elected, he and his running mate, Davao City Mayor Rodrigo Duterte, will push for a 3-point solution to phase out contractualization, where companies hire workers on a six-month basis and then refuse to renew their contracts to evade regularization of jobs and giving additional benefits to workers, including the state-mandated 13th month pay.

Executive order vs. contractualization

First, immediately after assuming office, the tandem plans to issue an Executive Order to strictly prohibit the practice of labor-only contracting, which they said robs many employees of their right to regular jobs and prevents them from developing proper skill sets.

Security of tenure

Second, Duterte and Cayetano will certify as urgent a bill ensuring Filipino workers’ security of tenure as well as strengthening the prohibition on contractualization.

Stricter penalties for violators

Third, Cayetano said stricter penalties will also be imposed against principal companies and contractors that will practice labor-only contracting policy, which is prohibited under the Labor Code but is routinely being violated by many businesses.

“Under a Duterte-Cayetano leadership, ordinary Filipino workers will be provided with better working conditions. They will be treated with respect and dignity. We will put an end to the cycle of disorder caused by the government’s continuous neglect on their plight,” Cayetano said.

“We will get the job done. We will just do it for the Filipino working class,” Cayetano added.

Netizens declare Duterte winner of third and final Presidential Debate

Netizens declare Duterte winner of third and final Presidential Debate

For the third time in a row, netizens favored presidential candidate and Davao City Mayor Rodrigo “Rody” Duterte’s performance in the PiliPinas Presidential Debate on Sunday (April 24), according to Rappler, a social media news organization.

Garnering an overwhelming 65.63% of the total votes, the tough-talking mayor won the first part of the debate. Administration standard bearer Manuel Roxas II and Senator Miriam Santiago were a far second with 12.5%, followed by Sen. Grace Poe with 8.13%, and Vice President Jejomar Binay with 1.25%.

The first part of the town hall debate featured representatives of different sectors, such as a fisherman, an OFW, and a Muslim. They directed questions at the five presidential candidates on issues covering the West Philippine Sea, overseas Filipino workers, and traffic in Metro Manila.

Rappler’s respondents once again declared Duterte the winner of the second round of the debate, with 65.97% of the total votes. Roxas came in second with 17.12%. Santiago was at third with 11.27%, followed by Poe with 3.97% and Binay with 1.67%.

The second part of the debate featured a Fast Talk portion, where the moderators asked the candidates whether they agreed or disagreed with various issues, such as a Marcos burial in the heroes’ cemetery, and house arrest for former President Gloria Arroyo.

“Duterte won the debate, not mortally wounded”

Meanwhile, political analysts weighing in on the upcoming presidential elections praised Duterte’s performance in the third and final presidential debate.

Speaking before ABS-CBN’s “Huling Harapan,” Manila Bulletin’s Leandro Coronel stressed that, out of all the candidates who participated in the debate, Duterte proved to be the clear winner.

“Duterte was not mortally wounded contrary to what we expected because of the issues (that have been thrown against him). The clear winner (in the debate) was Duterte,” he stressed.

Meanwhile, in Rappler’s blow-by-blow coverage of the debate, De La Salle University assistant professor Richard Heydarian pointed out how the Davao Mayor was able to show his political will in trying to address Mindanao’s enduring problem on terrorism.

Political leadership will win the day

Political leadership will win the day

With 14 days to go before the elections, vice presidential candidate and Senate Majority Leader Alan Peter Cayetano pressed with his campaign, this time going to Dumaguete to talk to transport workers.

As part of his “Ronda-Serye” Listening tour, Cayetano talked to the transport workers comprised of members of the city’s Tricycle Operators and Drivers Associations (TODAs).

The senator said that part of his platform, which he shares with his running mate, Davao City Mayor Rodrigo “Rody” Duterte, is to provide people’s organizations like TODAs better access to capital to grant small loans to their members.

He cited how loan sharks take advantage of the poor who are forced to borrow money through a “5-6” scheme due to lack of access to bank and government loans.

Cayetano also pledged that if elected, he and Duterte will guarantee 100 % PhilHealth coverage for Filipinos and the full implementation of its “zero billing” services to members. The vice presidential candidate also plans to increase the budget for PhilHealth to subsidize the premiums of transport workers in the country.

“Political will”

Cayetano however said that in the end, it’s the political leadership that will win the day.

“We may have the best of platforms but the question is, who will put flesh on the bones and just get things done? Who has the political will to do what is necessary?” Cayetano said.

“Kami ni Mayor Duterte, we don’t just have a good platform, more importantly, we are the best tandem that can get things done. We have the political resolve to put an end to the disorder brought by corruption, crime, and illegal drugs. Ee will just do it,” Cayetano concluded.

Duterte won third presidential debate

Duterte won third presidential debate, was “not mortally wounded”

Political analysts weighing in on the upcoming presidential elections praised the performance of Davao City Mayor Rodrigo “Rody” Duterte during the third and final presidential debate organized by the Commission on Elections (Comelec) on Sunday (April 24).

Speaking before ABS-CBN’s “Huling Harapan,” Manila Bulletin’s Leandro Coronel stressed that, out of all the candidates who participated in the debate, Duterte proved to be the clear winner.

“Duterte was not mortally wounded contrary to what we expected because of the issues (that have been thrown against him). The clear winner (in the debate) was Duterte,” he stressed.

Meanwhile, in Rappler’s blow-by-blow coverage of the debate, De La Salle University assistant professor Richard Heydarian pointed out how the Davao Mayor was able to show his political will in trying to address Mindanao’s enduring problem on terrorism.

“On that Mindanao issue, (Mayor Duterte) showed conviction,” Heydarian said.

In an opinion article published on Sunday, Inquirer columnist Randy David also gave his analysis on why a lot of Filipino voters continue to support Duterte’s presidential bid.

“Revolt of the periphery”

“Duterte’s rise has equally been made possible by the grievances of Mindanao’s non-Muslim majority… Davao’s longtime mayor deftly articulates their sentiments by harping on the big disparity between Mindanao’s contribution to the country’s gross national product and the pittance it receives in internal revenue allotments. In this regard, Duterte’s rise mirrors the revolt of the periphery,” David explained.

David added that, despite the rise of countless politicians who portray themselves as men of the masses, none of them challenged the prevailing system the way the Davao mayor did. “Duterte has made it a point to mock the system and its conventions, seeing in its openings nothing more than channels through which to undermine it,” David stressed.

Duterte earns praises in final presidential debate

Duterte earns praises in final presidential debate

Davao City Mayor Rodrigo “Rody” Duterte once again earned praises during the third and final presidential debate organized by the Commission on Elections (Comelec).

Duterte’s running mate, Senate Majority Leader Alan Peter Cayetano, stressed that out of all the candidates who participated, only Duterte was able to show his strong political will and strength of character to create real changes in the country.

“Political will”

“Anyone can present clear platforms; anyone can make promises to the people. But only Mayor Duterte has the political will to actually make things possible,” Cayetano said.

Duterte highlights programs for women

Senator Pia Cayetano, meanwhile, welcomed and commended Duterte for continuing to fight for women’s welfare and protection. “I am happy that Mayor Duterte highlighted the things that he accomplished for women in Davao, and I remain confident that he will be able to do the same in the entire country,” she said.

“Digong not perfect, but will get things done”

Duterte’s party-mates in PDP-Laban also reiterated their support for their standard-bearer.

“Mayor Duterte is not perfect. But we don’t live in a perfect world either. We live in a society where criminals roam the streets and instill fear, drug syndicates destroy families, and corrupt officials plunder people’s money. Mayor Duterte is not the perfect candidate, but he will get the job done. This is the kind of leader that we need, someone who will just do it,” PDP-Laban President, Sen. Aquilino “Koko” Pimentel, said.

“Not a sweet talker, but a doer”

PDP-Laban spokesperson, Atty. Paola Alvarez, also expressed assurance that Duterte will be able to carry out the plans he has presented to the people.

“Mayor Duterte presented clear proposals to address the enduring problems in the country, such as labor conractualization, metro congestion and the lack of peace in Mindanao. But more than his platforms, what is clear is the Mayor’s resolve to put an end to the disorder brought by corruption, crime, and illegal drugs. He may not be a sweet talker like his rivals, but he is certainly a doer. That spells the difference,” Alvarez said.

Shame on the “Poetectors” for smearing Duterte

Cayetano: Shame on the “Poetectors” for smearing Duterte

“From protector to ‘Poetector’.”

This is how vice presidential candidate and Senate Majority Leader Alan Peter Cayetano described fellow Senator Antonio Trillanes IV following the latter’s allegation that Davao City Mayor Rodrigo “Rody” Duterte has an undeclared P211-million bank account.

Cayetano said the charge is obviously an attempt to smear Duterte who is leading in the presidential race.

“The allegation is obviously a desperate ploy to bring down Mayor Duterte and promote Sen. Trillanes’ preferred presidential bet, Senator Grace Poe,” Cayetano said.

“It’s quite sad that a supposed principled man like Sen. Trillanes will resort to such a cheap and shameful gimmick. It’s a pitiful sight to see Sen. Trillanes reduce himself from being a protector of the people to a ‘Poetector’,” Cayetano added.

Bank waiver

Cayetano said that Trillanes’ allegation is absurd. The senator explained that he and Duterte were the first tandem to challenge their rivals to sign a bank secrecy waiver.

“Mayor Duterte has nothing to hide. In fact, he is the only presidential candidate to sign a bank secrecy waiver. It’s unfortunate that Sen. Trillanes comes out with cheap tricks despite the throng of consultants/Poetectors on his payroll. If the only thing they can come up with is a baseless accusation against Mayor Duterte, clearly they have nothing on him,” Cayetano said.

“Enemies of change panicking, scared”

Cayetano urged the public to dismiss the allegation and not to be distracted from the campaign to make Duterte win the presidential election.

“I ask the people who yearn for real change, not to be distracted and fooled by their desperate antics. We must remain focused. The enemies of change are clearly panicking. They are scared. They are throwing the entire kitchen sink at Mayor Duterte. They have all the reasons to be scared. Change is coming,” Cayetano concluded.

A Duterte-Cayetano government will protect women, eradicate poverty

A Duterte-Cayetano government will protect women, eradicate poverty

“Contrary to the black propaganda pervading as of late, women will not be oppressed under a Duterte-Cayetano administration. Instead, you will be heard, taken care of, and protected.”

This was the promise made by vice presidential candidate and Senate Majority Leader Alan Peter Cayetano to the women’s groups he met with in Lapu-Lapu, Cebu on April 26 (Tuesday), as part of the Duterte-Cayetano “Ronda-Serye” listening tour.

“Davao and Taguig are our Exhibits A and B when it comes to women’s rights and welfare,” said Cayetano.

The senator cited the progressive gender programs in both Taguig and Davao City, where the former has an established Women and Juvenile Crisis Center that aids women and children who are victims of violence, while the latter is the first city in the country to implement a Gender Development Code.

He said that he and his running mate, Davao City Mayor Rodrigo “Rody” Duterte, will elevate these policies to the national level in order to protect and advance the interests of women.

Cayetano also had an informal dialogue with the urban poor of the area to personally listen to their woes.

To address poverty, with the aim of eradicating it, Cayetano proposed an expanded and improved Pantawid Pamilyang Pilipino Program (4Ps) which, aside from a health grant of P500 monthly and an education grant of P300, will offer a livelihood grant, zero billing in public hospitals, and one sack of rice every month.

“Through our bold solutions and swift action, we will end the daily struggles of the people, whichever form these struggles may take,” said Cayetano. “Where others can only offer promises, Mayor Duterte and I will just do it. We will make things happen for the people.”

Plight of Filipino Coconut Farmers

Duterte-Cayetano to exercise political will in addressing coconut farmers’ plight

“Panahon na para sa matapang na solusyon upang tapusin ang ilang dekadang paghihirap ng mga Pilipinong magniniyog.”

Vice presidential bet and Senate Majority Leader Alan Peter Cayetano said this as he assured coconut farmers in Quezon province that if elected, he and Davao City Mayor Rodrigo Duterte will exercise political will in ensuring that the coco levy funds will finally reach its intended beneficiaries.

The senator made this assurance during his recent “Ronda-Serye” listening tour with coconut farmers in Lucena City on Thursday (April 28). During the dialogue, the farmers voiced out their long-standing plight regarding the delayed distribution of the multibillion-peso fund.

Cayetano, for his part, stressed that the government’s continuous inaction in giving back the money to the farmers has become “criminal.” He further lamented how previous administrations failed to recover the shares that went to Eduardo “Danding” Cojuangco Jr.’s San Miguel Corporation (SMC).

“If many candidates are afraid of Danding Cojuangco, Mayor Duterte and I are not. And while they keep on making promises they can’t keep, Mayor Duterte and I will just do it, we will just get things done for our poor farmers,” Cayetano said.

The tandem earlier signed a three-point manifesto, which aims to end what they described as “a systemic oppression of small coconut farmers.” They vowed to distribute the funds to the beneficiaries during the first 100 days of their term. They will do this by pushing for a legislation that will create a perpetual trust fund for coconut farmers.

Aside from the coco levy fund, Cayetano said they will also tap P1 billion from the national budget to serve as a Coconut Modernization Fund, to be used for the development of the country’s coconut industry. The tandem also vowed to work on pursuing all unrecovered shares from the assets acquired through the fund, including the 20-percent shares awarded to Cojuangco by the Supreme Court in 2011.

“Kaytagal nang nagtiis at naghirap ng ating mga magniniyog. Hindi nila kailangan ng pangako mula sa mga kandidatong protektor ng mayayaman at maimpluwensya. Ang kailangan nila ay mga lider na may political will at lakas ng loob na lumaban para sa kanila. Ito ang inaalok namin ni Mayor Duterte,” Cayetano said.