A Tribute to Ka Val – Distinguised Filipino Labor Leader
Last Thursday night, I was able to attend a necrological service for the late Avelino Valerio or more popularly known as “Ka Val,” Vice President of the Trade Union Congress of the Philippines (TUCP) at one local church in Quezon City.
I really don’t know the man save his son, Dr. Rene Valerio, who is like a big brother to me aside from standing as one of our wedding sponsors way back in 2006.
I felt awe and reverence seeing all the flowers and tokens of condolences surrounding the whole room where the casket of Ka Val lies. Condolence from so and so public officials, government agencies, private corporations and esteemed social figures, these I read. There were also the presence of government officials, doctors, lawyers, businessmen and some prominent people whose faces I occasionally see in television or morning newspapers. On the side, volunteers wearing TUCP printed shirts were helping family members serve guests and visitors. A great man died, I said to myself.
While the service went on, my thoughts wandered what did he accomplish in his lifetime to earn this high respect, affection and adoration? What is the secret to his success? If he was great as a labor leader, how about as a family man?
The minister quoted from Chapter 7 of the Book of Ecclesiastes, viz:
“A good name is better than precious ointment, and the day of death than the day of one’s birth... Sorrow is better than laughter, for by a sad countenance the heart is made better.”
Inside of me, my heart shouted “amen” to the minister’s message. His reading of the scriptures fitted the description of the man in last night’s occasion.
Ka Val has distinguished himself in many facets of his life. As a labor leader. A worker. A friend. A husband. A father. And as a grandfather. His stars however illuminate more in him being a labor leader and as a father. And this light all the more shined now on his time of death than when he was living.
Ka Val served as member of the board of the Overseas Workers Welfare Administration, in concurrent capacity as TUCP vice president. He practically rose from the ranks in labor unionism. His service in the TUCP dates back as early 1960s. I can imagine how many collective bargaining agreements he negotiated, public policies he advocated, and inspirational talks he delivered to raise the conciousness of the Filipino working class. I was not even born when he began his wide influence in the Philippine labor sector.
Ka Val has eight children and all of them were successful in their careers and family lives. All have become functional members of society, so to speak. I don’t know the other siblings, but knowing Dr. Valerio, who is now chief plastic surgeon of St. Lukes Medical Center, there is no doubt Ka Val achieved no ordinary father has done.
As legal counsel of one labor federation, I know the difficulty besetting the regular workers in raising a family, much more of labor leaders. Despite the lofty title of union presidents or federation officials, they don’t actually stand anyway more privilege or above the regular workers. They still have to render service to their employers. They still get paid minimum wages. They still have to feed their family and send their children to school with their meagre income. Worse, they have to render more sacrifices for the cause of the union.
Dr. Valerio even told me a funny common incident at their home when food supposedly set on the table for the family would be consumed by federation or local union members as they met for a burning issue at the shopfloor. His siblings would cry foul to this incident back then, but now they would just laugh out and understand.
How did he manage to send all his children to college? I asked myself. Lo, I discovered his secret seated beside me-- a loving wife. She is Luz del Castillo Valerio. The woman who have to make ends meet while her husband is out on the streets rallying or working night out lobbying for better terms and conditions for his co-union members. She would see to it each child goes to school. She would be the second opinion to his radical actions and decisions. She is the supportive wife the labor leader gets home disgusted that the CBA-negotiation gets stalled or the policy for wage increase and non-wage benefits gets turned down by the Secretary of Labor or the tripartite wage board. She is, for the family, relatives and friends, the wind beneath Ka Val’s wings. But she is simply “nanay”, as I heard they call her .
My four centavo goes for Ka Val and all his kinds who rose from the social stratification, alienation and the prejudice built-in in our culture. Since the establishment of this country, the people who hold land and capital have nurtured the “psyche of servitude” in the Filipino mind. No wonder many a Filipino do not dream bigger than becoming an employee all their life. Somehow, the Spanish “master-servant rule” enslaved us beyond what we can imagine.
See, even in our so-called modern age, I would often get to handle cases where big companies and even small businesses deprive workers of their security of tenure and thwart the efforts of labor unions to organize. Unfortunately, there are instances that certain public officials act in cohort to downplay the lowly working men in seeking protection of his job and the appurtenant benefits thereto.
When will our businessmen and government people recognize that labor is not a mere input of production? Why is it too difficult to accept that unions are partners of management for business productivity? How come Human Development Index cannot be localized at the shopfloor?
The growing importance of labor is already felt widespread abroad. The states of Israel and the United Kingdom have “Labor Parties” as major political parties. There is a United Nations agency established to promote labor conventions, treating them as basic part of universal human rights.
In the Philippines, we have labor sector representatives in key line government agencies, tripartite wage boards and even in the legislature. History would account that they are the shakers and movers of the infant democracy that this country tried to develop since the birth of the republic. They constitute the base of “people power” in two social revolutions in the last two decades.
For me, Ka Val stands in the line of Secretary Blas Ople, Felixberto Olalia, and many countless names that I would call “dignitaries in the labor sector”. Most of them are gone now. Only their memories and their achievements remain. They, as we say, did not die in vain.
This coming May 2010 elections, I foresee that national and local candidates will be competing to get the support of workers and labor unions for their precious votes. For the workers side, I hope you do more than cast vote but continue participating in democratic processes, limited and faulty they are, for this is your integral role in our modern democracy. For the candidates, I hope you remain true to your promises and recognize your social contracts to the working men who will throw their support to your electoral success. By so doing, together, we remember the life of Ka Val, and all his kinds, and continue on their legacy to a better Philippines.
Ka Val was finally laid to rest on 09 January 2010. Farewell, sir.
Sunday, January 10, 2010
Saturday, December 26, 2009
2010
It's the closing of the year. Another year will pass. 2010 is just a few more days sleep.
In this stage of transition, it augurs well that we reflect on how have we lived our lives for the last 360 days. Have we become wiser? Kinder or more bitter? Stronger or weaker? Bolder or more timid? What went wrong? How do we mend our mistakes? Who should we approach for solutions or answers? What books to read? What choices to make? What places to go to? etc. etc.
Whatever situation or ordeal we have, one thing is quite sure. The past is past. It will never come again. All we can do is learn from it. Regrets, not good. Learnings, yes. In all the past lessons, treasure it we must. Let's move forward.
As I end this blog, let me end it with high hopes. Despite the collapse of the Copenhagen Conference, the world economic crisis, the post 911, the onset of new viruses across the globe, and many other social problesm, we can remain optimistic. Like avatars, we can create a better world. Nay, the best is yet to come.
I wish us all good health, joyful learning and wisdom from above.
In this stage of transition, it augurs well that we reflect on how have we lived our lives for the last 360 days. Have we become wiser? Kinder or more bitter? Stronger or weaker? Bolder or more timid? What went wrong? How do we mend our mistakes? Who should we approach for solutions or answers? What books to read? What choices to make? What places to go to? etc. etc.
Whatever situation or ordeal we have, one thing is quite sure. The past is past. It will never come again. All we can do is learn from it. Regrets, not good. Learnings, yes. In all the past lessons, treasure it we must. Let's move forward.
As I end this blog, let me end it with high hopes. Despite the collapse of the Copenhagen Conference, the world economic crisis, the post 911, the onset of new viruses across the globe, and many other social problesm, we can remain optimistic. Like avatars, we can create a better world. Nay, the best is yet to come.
I wish us all good health, joyful learning and wisdom from above.
Monday, December 21, 2009
Right Thoughts on Christmas
Its four days before Christmas day here in the Philippines, but I still feel ambivalent about the occasion.
See, I know for a fact that many people would feel either worried, sad, angry, empty or stressed out during this one popular day-event. During this season, a lot of people are buried in the wrong notion and conception of Christmas. And wrong notion leads to bad attitude and wrong lifestyles.
Most often, this universal holiday is associated with receiving gifts, wearing new fancy clothes and apparels, expecting bonuses and incentives, putting up glittering decorations, rushing to the malls and department stores, and a lot of busyness to ride on the “fancy” or “myth” of the occasion.
I submit that this is entirely wrong. I believe there is more to the external part of Christmas which would should bring us reasons to celebrate.
Primarily, since childhood, I know that Christmas is all about God’s miracle. The Son of God was born in a manger, the worst or most humble place for a child delivery. He would be the savior of Israel. Unlike a Davidic Conqueror, he came in the most awesome way to bring His people back to their faith.
It is difficult for modern urban settlers like me to imagine what it feels to lodge in a manger. I know the manger is the parking area for horses in the old days. It must be a dirty place with a foul smell, considering all beasts of burdens of travellers are lodge there. It is for this reason, I feel pity to the streetchildren and the “Taong Grasa” who reside in the streets of Metro Manila day in and out. God must be with them, I believe, for they live in humble areas where nobody would want to stay.
I remember one theologian saying, “God must love the poor so much for He created so many of them.”
Recently, I heard Pastor Ed Lapiz over the radio preaching a good sermon about Christmas. In his sermon, the pastor gave a unique view of the essence of Christmas which is the complete submission of man to God’s will. This was displayed by Mary in agreeing to conceive the Lord Jesus. This was displayed by Joseph in allowing Mary to bear child who is not his own, despite they were already betrothed for marriage. Same thing with the magis who travelled a thousand miles to offer their gifts to the new born king.
For all these, I must add that Christmas is the revelation of God’s will and plan for salvation for mankind.
Jesus, the Son of God, had to be separated from God the Father in order to carry out a grand plan for eternal salvation of man. He had to leave heavens. His throne. He had to disassociate himself from the tri-unity person of God. In short, it was a big difficult sacrifice. Translated to us earthly mortals, the Christmas season, or Jesus birth, should be a time for giving away, and not receiving.
These should stop us and prompt us to think: How much have we known about God’s will in our life? How far have we submitted to His Will? And how much have we given for His Kingdom?
Candidly, I myself cannot answer in the affirmative all the foregoing questions. It is modest to state that I am still trying to figure out the answers. I am, after all, a work-in-progress just like all of you.
See, I know for a fact that many people would feel either worried, sad, angry, empty or stressed out during this one popular day-event. During this season, a lot of people are buried in the wrong notion and conception of Christmas. And wrong notion leads to bad attitude and wrong lifestyles.
Most often, this universal holiday is associated with receiving gifts, wearing new fancy clothes and apparels, expecting bonuses and incentives, putting up glittering decorations, rushing to the malls and department stores, and a lot of busyness to ride on the “fancy” or “myth” of the occasion.
I submit that this is entirely wrong. I believe there is more to the external part of Christmas which would should bring us reasons to celebrate.
Primarily, since childhood, I know that Christmas is all about God’s miracle. The Son of God was born in a manger, the worst or most humble place for a child delivery. He would be the savior of Israel. Unlike a Davidic Conqueror, he came in the most awesome way to bring His people back to their faith.
It is difficult for modern urban settlers like me to imagine what it feels to lodge in a manger. I know the manger is the parking area for horses in the old days. It must be a dirty place with a foul smell, considering all beasts of burdens of travellers are lodge there. It is for this reason, I feel pity to the streetchildren and the “Taong Grasa” who reside in the streets of Metro Manila day in and out. God must be with them, I believe, for they live in humble areas where nobody would want to stay.
I remember one theologian saying, “God must love the poor so much for He created so many of them.”
Recently, I heard Pastor Ed Lapiz over the radio preaching a good sermon about Christmas. In his sermon, the pastor gave a unique view of the essence of Christmas which is the complete submission of man to God’s will. This was displayed by Mary in agreeing to conceive the Lord Jesus. This was displayed by Joseph in allowing Mary to bear child who is not his own, despite they were already betrothed for marriage. Same thing with the magis who travelled a thousand miles to offer their gifts to the new born king.
For all these, I must add that Christmas is the revelation of God’s will and plan for salvation for mankind.
Jesus, the Son of God, had to be separated from God the Father in order to carry out a grand plan for eternal salvation of man. He had to leave heavens. His throne. He had to disassociate himself from the tri-unity person of God. In short, it was a big difficult sacrifice. Translated to us earthly mortals, the Christmas season, or Jesus birth, should be a time for giving away, and not receiving.
These should stop us and prompt us to think: How much have we known about God’s will in our life? How far have we submitted to His Will? And how much have we given for His Kingdom?
Candidly, I myself cannot answer in the affirmative all the foregoing questions. It is modest to state that I am still trying to figure out the answers. I am, after all, a work-in-progress just like all of you.
Saturday, December 19, 2009
ADR and Mediation
The concept of alternative dispute settlement (ADR) formally originated from American jurisprudence, particularly in dialogues and proceedings before international organizations and tribunals such as the United Nations (UN) way back after First World War. For the UN, ADR was meant to avoid physical confrontations e.g. wars and armed hostilities by resolving opposing claims and interests of contending states through diplomatic channels. The UN employed arbitration, mediation, bilateral and multilateral negotiations and other pacific methods of dispute resolution. The UN ADR system was a success such that it found its way in court system and legal processes worldwide.
In legal parlance, ADR comes to be known as a mechanism for resolving problems, issues and conflicts between contending parties without going through the rigors of court trial and avoiding the heavy cost of litigation. The proceedings thus become less formal, open and more flexible. The parties accordingly do not end up with a win-lose situation. Theoretically, each party wins, thus the principle of “win-win solution” was coined.
In the Philippines, the earliest ADR to be adopted was conciliation-mediation which was applied in labor-management dispute resolutions. One major government agency in fact, the National Conciliation and Mediation Board, was even created in 1987 during the Freedom Government of the late President Corazon C. Aquino.
In 2004, ADR has been institutionalized in the Philippine judicial system by virtue of an order of the Supreme Court. Foremost to this is mediation, where the Court established the Philippine Mediation Center all over the country and consequently trained and appointed court-mediators.
Mediation is designed to arrive at a faster way of resolving disputes between parties, by seeking a middle path, either thru concessions, flexible payment scheme and waiving up of certain costs, interests and surcharges, that will be mutually acceptable to both parties. In the Philippines, in particular, sometimes even a simple case of collection of sum of money or bouncing checks, which were supposedly governed by summary procedures, would take 2-5 years of proceedings. There are so much variable factors to consider which effectively delay court proceedings.
Good thing with mediation the mediator plays a crucial role in the resolution of issues, unlike in conciliation proceedings. A thin line differentiates mediation with conciliation, in that in mediation the mediator is more pro-active in suggesting solutions to the parties, while in conciliation the conciliator simply serves as a referee.
In my practice, mediation has helped in a lot of my clients’ cases, especially those pursuing collection of sum of money and issuance of bouncing checks. The debtor and creditor would have opportunities to bargain at an acceptable amount of the obligation and a payment scheme to settle the same. The common modes of payment are cash instalment payment, stocks, securities or dacion en pago, or a combination of the foregoing modes.
For all its benefits, there is a dilemma with mediation in that you need to pay a separation mediation fee for each check subject of a complaint. If the collectible amount is four (4) times bigger than the mediation fee, the latter becomes easy to bear. But there are instances when the collectible amount or the face of the check is not far from the amount of mediation fee, then pursuing the case however meritorious it is, become a cause of concern to the parties.
Worse, the Court requires the parties to pay mediation fee even if the parties agree to settle the case at the first instance during the preliminary conference of the case or even prior to the first mediation conference. As one lawyer contended, “why pay a mediation fee if the parties were able to settle the issue by themselves?”
It has been five years since mediation became an institutionalized segment of our judicial system, and it has earned its rewards and benefits, apart from simply de-clogging our court dockets. Certainly, many private and juridical entities have obtained “swift justice” in their cases, through mediation, saving them precious time, money and efforts than a protracted legal battle. This country become a better civil society with mediation, I must humbly claim.
Quite recently, the Supreme Court has adopted another set of rules on ADR, albeit the mechanics thereof are still to be operationalized. I don’t know how this new ADR schemes will affect litigants and the practice of law, but with the positive benefits of mediation, it is not far fetch that this new ADR rules will perform in the same way, if not for the better.
My one centavo goes for mediation, and another for the new ADR rules.
In legal parlance, ADR comes to be known as a mechanism for resolving problems, issues and conflicts between contending parties without going through the rigors of court trial and avoiding the heavy cost of litigation. The proceedings thus become less formal, open and more flexible. The parties accordingly do not end up with a win-lose situation. Theoretically, each party wins, thus the principle of “win-win solution” was coined.
In the Philippines, the earliest ADR to be adopted was conciliation-mediation which was applied in labor-management dispute resolutions. One major government agency in fact, the National Conciliation and Mediation Board, was even created in 1987 during the Freedom Government of the late President Corazon C. Aquino.
In 2004, ADR has been institutionalized in the Philippine judicial system by virtue of an order of the Supreme Court. Foremost to this is mediation, where the Court established the Philippine Mediation Center all over the country and consequently trained and appointed court-mediators.
Mediation is designed to arrive at a faster way of resolving disputes between parties, by seeking a middle path, either thru concessions, flexible payment scheme and waiving up of certain costs, interests and surcharges, that will be mutually acceptable to both parties. In the Philippines, in particular, sometimes even a simple case of collection of sum of money or bouncing checks, which were supposedly governed by summary procedures, would take 2-5 years of proceedings. There are so much variable factors to consider which effectively delay court proceedings.
Good thing with mediation the mediator plays a crucial role in the resolution of issues, unlike in conciliation proceedings. A thin line differentiates mediation with conciliation, in that in mediation the mediator is more pro-active in suggesting solutions to the parties, while in conciliation the conciliator simply serves as a referee.
In my practice, mediation has helped in a lot of my clients’ cases, especially those pursuing collection of sum of money and issuance of bouncing checks. The debtor and creditor would have opportunities to bargain at an acceptable amount of the obligation and a payment scheme to settle the same. The common modes of payment are cash instalment payment, stocks, securities or dacion en pago, or a combination of the foregoing modes.
For all its benefits, there is a dilemma with mediation in that you need to pay a separation mediation fee for each check subject of a complaint. If the collectible amount is four (4) times bigger than the mediation fee, the latter becomes easy to bear. But there are instances when the collectible amount or the face of the check is not far from the amount of mediation fee, then pursuing the case however meritorious it is, become a cause of concern to the parties.
Worse, the Court requires the parties to pay mediation fee even if the parties agree to settle the case at the first instance during the preliminary conference of the case or even prior to the first mediation conference. As one lawyer contended, “why pay a mediation fee if the parties were able to settle the issue by themselves?”
It has been five years since mediation became an institutionalized segment of our judicial system, and it has earned its rewards and benefits, apart from simply de-clogging our court dockets. Certainly, many private and juridical entities have obtained “swift justice” in their cases, through mediation, saving them precious time, money and efforts than a protracted legal battle. This country become a better civil society with mediation, I must humbly claim.
Quite recently, the Supreme Court has adopted another set of rules on ADR, albeit the mechanics thereof are still to be operationalized. I don’t know how this new ADR schemes will affect litigants and the practice of law, but with the positive benefits of mediation, it is not far fetch that this new ADR rules will perform in the same way, if not for the better.
My one centavo goes for mediation, and another for the new ADR rules.
Thursday, December 10, 2009
The Wisdom of Solomonic Wisdom
The principle of Solomonic Wisdom has been with us for more than 2000 years. It has guided many leaders, teachers, speakers, preachers, and even parents and young people alike. It's one principle that has found its way in many dimensions of human history, from politics, warfare, literature, media, management schools or even in ordinary coffee table discussions..
This principle originated from the passage of the Bible where King Solomon adjudicated the opposing claims of two women, the true mother and an impostor, over one newly born child. Determined to get to the truth, King Solomon ruled to kill the child and divide it in two halves so that each woman can have a piece of her son. As the story goes, the true mother conceded her claim so that the child may live, while the impostor agreed to the King's ruling. In the end, the King awarded the child custody in the mother's favor.
It is quite an easy story to tell nowadays like a child bedtime story, but back then determining filiation, seeking the truth, and upholding justice in family cases were a big ordeal. Good thing for us we have modern technologies to guide our O.Bs, medical practitioners, legal advocates and our courts of law.
In our recent times, however, the principle has often been misquoted and taken out of context thus applied superficially, if not erroneously. To the modern layman, Solomonic Wisdom is simply seeking the middle path or half way point to forge a compromise agreement between two opposing parties.
See, there is a precious gem in Solomonic Wisdom worthy unravelling than any politician, military general or coflict management gurus would postulate in our modern times. This principle is simply not about seeking the middle path. Far from it, actually.
This writer wish to lay out the following deeper principles in the principle of Solomonic Wisdom.
1. Human nature -- People are governed by natural emotions of love, anger, deceit and security or insecurity then as it is now. Eventually, in the story love prevails over deceit.
2. Mother's Heart -- A true mother or parent would pursue the life or the best interest of the child, rather than her personal interest.
3. Loosing or Giving up in order to Gain -- A true mother would rather concede her claim of custody over her child than see her die by the sword.
4. Unpopular Decision -- The judge or arbiter's job is often difficult, but absent an established precedent, he has to make the right decisive action, nay even an unpopular decision. It is his judgment call.
5. Middle path is not always win-win. Contrary to the modern concepts, meeting halfway in forging compromise agreement is not always a good solution, especially that the parties in a negotiation table have misrepresentations. The arbiter has to go beyond what is offered on the table to arrive at the truth and make a correct judgment.
6. Compromise can be a means to end, not necessarily the end. A compromise agreement may be treated akin to a mediation proceeding which is only a path towards the right solution.
With these, I hope that in whatever difficult situations, conflicts and lofty statures that we have in our modern times, we will apply Solomonic Wisdom the right way.
This principle originated from the passage of the Bible where King Solomon adjudicated the opposing claims of two women, the true mother and an impostor, over one newly born child. Determined to get to the truth, King Solomon ruled to kill the child and divide it in two halves so that each woman can have a piece of her son. As the story goes, the true mother conceded her claim so that the child may live, while the impostor agreed to the King's ruling. In the end, the King awarded the child custody in the mother's favor.
It is quite an easy story to tell nowadays like a child bedtime story, but back then determining filiation, seeking the truth, and upholding justice in family cases were a big ordeal. Good thing for us we have modern technologies to guide our O.Bs, medical practitioners, legal advocates and our courts of law.
In our recent times, however, the principle has often been misquoted and taken out of context thus applied superficially, if not erroneously. To the modern layman, Solomonic Wisdom is simply seeking the middle path or half way point to forge a compromise agreement between two opposing parties.
See, there is a precious gem in Solomonic Wisdom worthy unravelling than any politician, military general or coflict management gurus would postulate in our modern times. This principle is simply not about seeking the middle path. Far from it, actually.
This writer wish to lay out the following deeper principles in the principle of Solomonic Wisdom.
1. Human nature -- People are governed by natural emotions of love, anger, deceit and security or insecurity then as it is now. Eventually, in the story love prevails over deceit.
2. Mother's Heart -- A true mother or parent would pursue the life or the best interest of the child, rather than her personal interest.
3. Loosing or Giving up in order to Gain -- A true mother would rather concede her claim of custody over her child than see her die by the sword.
4. Unpopular Decision -- The judge or arbiter's job is often difficult, but absent an established precedent, he has to make the right decisive action, nay even an unpopular decision. It is his judgment call.
5. Middle path is not always win-win. Contrary to the modern concepts, meeting halfway in forging compromise agreement is not always a good solution, especially that the parties in a negotiation table have misrepresentations. The arbiter has to go beyond what is offered on the table to arrive at the truth and make a correct judgment.
6. Compromise can be a means to end, not necessarily the end. A compromise agreement may be treated akin to a mediation proceeding which is only a path towards the right solution.
With these, I hope that in whatever difficult situations, conflicts and lofty statures that we have in our modern times, we will apply Solomonic Wisdom the right way.
Tuesday, December 8, 2009
Child Support for Single Parents
Child Support for Single Parents
It’s the start of another school year. Many Filipino families are in quandary how to send their children to school during this crucial period, especially that the cost of education continues to rise and the economy is far from stable.
While our government allows free public education at the elementary and high school levels, the over-riding concern among parents is where and how to get the best quality of education for their children. Tuition fees. Uniform. Books. Computers. Transportation expenses. Daily allowances. Special projects and field activities. All these compound and split the brains of common parents when June arrives and children get back to school.
If this obligation is a tough burden among families of two parents, imagine how much more for single parents? They have to juggle their tasks at home and at work, and even go to the extent of taking odd jobs in order to raise their children by themselves.
Here is good news for you, single parents: The law gives your child ample protection. From international conventions to our very own constitution and local statutes, your child has been endowed with fundamental rights that can allow him to attain his full growth and maximum potentials. Our 1987 Constitution primarily has this to say: “The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. xxx The State shall defend he right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. (Article XV, Sections 1 and 3)
In 1990, the World Summit for Children in New York made a declaration:“The children of the world are innocent, vulnerable and dependent. They are also curious, active and full of hope. Their time should be one of joy and peace, of playing and growing. Their future should be shaped in harmony and co-operation. Their lives should be mature, as they broaden their perspectives and gain new experiences.”
On these pretext, our government has recognized the value of the child and his family in the development of the nation. Several laws such as the Family Code, the Child and Welfare Code, the Law on Domestic and Foreign Adoption and the Law against Child Labor, among others, were enacted to support the rights of the child.As single parents, you ought to focus on the benefits of getting support for your children under the Family Code during this crucial period.
The Family Code, which was enacted on August 3, 1988, has given better recognition to children of single parents. For one, the distinction on the status of children is now limited to two, legitimate or illegitimate. The child, regardless of his status, can use the surname of his natural father. His right to the estate of his natural parents has also been recognized. More importantly, he is entitled to support.Under Article 194 of the, the Family Code vests a child with support which consists of:1. sustenance (or food)2. dwelling3. clothing4. medical attendance5. education and6. transportation. The meaning of education here includes schooling or training for some profession, trade or vocation even beyond the age of majority (18 years old).
In a Resolution dated 15 March 2003 (A.M. No. 02-11-12-SC), The Supreme Court identified the factors for determining the amount of support:1. the financial resources of the custodial and non-custodial parent and those of the child2. the physical and emotional health of the child and his or her special needs and aptitudes3. the standard of living the child been accustomed to4. the non-monetary contributions that the parents will make toward the care and well-being of the child.In other words, the Supreme Court said that the amount of support varies according to the personal circumstances of the parents or in keeping with the financial capacity of the family. In many cases, the support was fixed at P800 to P1,000 a month per child. In the case of Daisie David vs. CA and Ramon Villar, (G.R. No. 111180, 16 Nov 1995), the child was given support in the amount of P3,000 per month. In one isolated case, it was awarded at P25,000 a month!
Thus, over and above that which you can give to your child, you, as single parents may obtain “support” from your spouse or, if he or she is indispose, his ascendants to sustain your child right to grow and live well, especially to have a quality education. This right is vested upon your child whether he is legitimate or illegitimate.A claim for support may be made by way of court action or by a simple out-of-court agreement between the parents. Open communication between the parents plays a big role in facilitating the means of obtaining the child’s claim.
This writer believes on the supreme importance of supporting the children now at their tender age, when they are open for changes, values formation and bright ideas. Parents therefore must pour all the support that they can give to their children than wait till their adult and it becomes too late.
As one author puts it, the child’s name is today. Now, while much have been said about child support, it is noteworthy to state that single parents are also entitled to support from the non-custodial parents. This parental support which should primarily rests on a valid marriage, however, is a distinct subject which should be a topic of another article.
It’s the start of another school year. Many Filipino families are in quandary how to send their children to school during this crucial period, especially that the cost of education continues to rise and the economy is far from stable.
While our government allows free public education at the elementary and high school levels, the over-riding concern among parents is where and how to get the best quality of education for their children. Tuition fees. Uniform. Books. Computers. Transportation expenses. Daily allowances. Special projects and field activities. All these compound and split the brains of common parents when June arrives and children get back to school.
If this obligation is a tough burden among families of two parents, imagine how much more for single parents? They have to juggle their tasks at home and at work, and even go to the extent of taking odd jobs in order to raise their children by themselves.
Here is good news for you, single parents: The law gives your child ample protection. From international conventions to our very own constitution and local statutes, your child has been endowed with fundamental rights that can allow him to attain his full growth and maximum potentials. Our 1987 Constitution primarily has this to say: “The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. xxx The State shall defend he right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. (Article XV, Sections 1 and 3)
In 1990, the World Summit for Children in New York made a declaration:“The children of the world are innocent, vulnerable and dependent. They are also curious, active and full of hope. Their time should be one of joy and peace, of playing and growing. Their future should be shaped in harmony and co-operation. Their lives should be mature, as they broaden their perspectives and gain new experiences.”
On these pretext, our government has recognized the value of the child and his family in the development of the nation. Several laws such as the Family Code, the Child and Welfare Code, the Law on Domestic and Foreign Adoption and the Law against Child Labor, among others, were enacted to support the rights of the child.As single parents, you ought to focus on the benefits of getting support for your children under the Family Code during this crucial period.
The Family Code, which was enacted on August 3, 1988, has given better recognition to children of single parents. For one, the distinction on the status of children is now limited to two, legitimate or illegitimate. The child, regardless of his status, can use the surname of his natural father. His right to the estate of his natural parents has also been recognized. More importantly, he is entitled to support.Under Article 194 of the, the Family Code vests a child with support which consists of:1. sustenance (or food)2. dwelling3. clothing4. medical attendance5. education and6. transportation. The meaning of education here includes schooling or training for some profession, trade or vocation even beyond the age of majority (18 years old).
In a Resolution dated 15 March 2003 (A.M. No. 02-11-12-SC), The Supreme Court identified the factors for determining the amount of support:1. the financial resources of the custodial and non-custodial parent and those of the child2. the physical and emotional health of the child and his or her special needs and aptitudes3. the standard of living the child been accustomed to4. the non-monetary contributions that the parents will make toward the care and well-being of the child.In other words, the Supreme Court said that the amount of support varies according to the personal circumstances of the parents or in keeping with the financial capacity of the family. In many cases, the support was fixed at P800 to P1,000 a month per child. In the case of Daisie David vs. CA and Ramon Villar, (G.R. No. 111180, 16 Nov 1995), the child was given support in the amount of P3,000 per month. In one isolated case, it was awarded at P25,000 a month!
Thus, over and above that which you can give to your child, you, as single parents may obtain “support” from your spouse or, if he or she is indispose, his ascendants to sustain your child right to grow and live well, especially to have a quality education. This right is vested upon your child whether he is legitimate or illegitimate.A claim for support may be made by way of court action or by a simple out-of-court agreement between the parents. Open communication between the parents plays a big role in facilitating the means of obtaining the child’s claim.
This writer believes on the supreme importance of supporting the children now at their tender age, when they are open for changes, values formation and bright ideas. Parents therefore must pour all the support that they can give to their children than wait till their adult and it becomes too late.
As one author puts it, the child’s name is today. Now, while much have been said about child support, it is noteworthy to state that single parents are also entitled to support from the non-custodial parents. This parental support which should primarily rests on a valid marriage, however, is a distinct subject which should be a topic of another article.
Our Children's Special Parents
OUR CHILDREN’S SPECIAL PARENTS - THE SCHOOLS
Do you know that we don’t only send our children to school to get their education?
Yes. The school has more to offer to our children over and above a formal education, or a temporary shelter as we parents pursue our respective careers.Lest we do not know, the school is our children’s special parents.
How is this so? Under Article ___ of the Family Code, there are three (3) types of parental authority. The natural parents, who are either the legitimate or illegitimate parents, are vested with direct parental authority. The grandparents, older brother or sister, aunties and uncles, in this order, are vested with subsidiary parental authority. And the schools, vocational centers, training institutions and their heads and teachers or professors are vested with special parental authority.As special parents, the schools therefore have the obligation to ensure that their students do not only learn their three (3) Rs (reading, ‘riting and ‘rithmetic) or the modern education that they offer, but also achieve balanced moral standards, good health and safety of their persons.
As a whole, the law thus requires schools to pursue and promote the best interest of our children as young human persons.What is the liability of the school if something bad happens to our children or our children are the ones who caused damages or injuries to others?Under Article 2180 of the Civil Code, the school shall be held liable for all injuries, damages and civil liabilities that their students may have incurred so long as they are under the school’s custody.
The liability of the school is solidary, which means it is always a party to the case filed by the injured party.The definition of “under school’s custody” however varies according to the circumstances of each case.In the case of Filamer Christian Institute vs. Hon. Intermediate Appellate Court et. Al , G.R. No. 75112, 17 August 1992, the school was made liable for the serious physical injuries brought by a working student who drove the school vehicle and sideswiped a pedestrian. Despite the working student was not the authorized driver of the school, he was considered as under the school‘s custody.
The school is also held liable for a student who inflicts serious physical injuries to his classmate inside school premises during school hours. See Ciriaco L. Mercado vs. Court of Appeals, Manuel Quisumbing, Jr., et al., G.R. No. L-14862, May 30, 1960).In one case, the school was also held liable for a student who caused damage to private property while the students were in a school-authorized field activity.
In contrast, there are instances that the school is not held liable if the court finds that it has exercised its duty of extra-ordinary diligence.In the case of St. Francis High School vs. CA, G.R. No. 82465, 25 February 1991, when a student who came to a beach outing with his parents’ consent, and he was drowned trying to save a drowning teacher, the school was not held liable as there was no negligence found on the part of the school.
In one isolated case, when a student killed his classmate during semestral break, the school was not held liable as the court ruled that the school had no custody of the students during semestral break and there was no negligence on the school. See Jose S. Amadora et al vs. CA, G.R. No. L-47745, 15 April 1988. In the case of PSBA et al vs. CA et al, G. R. No. 84698, 04 February 1992, when a student was stabbed to death by intruders while inside the school’s premises, the school was not held liable as the court ruled that schools are not insurers of all risks.The moral of these case stories then is we, as parents, must exercise our utmost discretion in choosing the best school to send our children, not for its name or fame, but for its record of handling students as special parents.
So every morning as we send our children to school, we can have peace of mind that the school will take care of our children as we do as parents, if not better.As our children board the school bus packed with their school bag, daily allowance and lunch or snack pack, and as we bid them goodbye with a loving hug and kiss, we have a security as we in effect relinquish our parental authority. For we then entrust the rest of the day to the school, its teachers and school head to fill in our shoes.
With these law and jurisprudence, we hope that our schools in turn will exercise extra-ordinary diligence in taking care of their students “under their custody“, within or outside of their premises.Otherwise, in case the school fails to exercise its parental authority willingly or unwittingly, the law will hold it liable for whatever damages that may affect or involve our children.
Do you know that we don’t only send our children to school to get their education?
Yes. The school has more to offer to our children over and above a formal education, or a temporary shelter as we parents pursue our respective careers.Lest we do not know, the school is our children’s special parents.
How is this so? Under Article ___ of the Family Code, there are three (3) types of parental authority. The natural parents, who are either the legitimate or illegitimate parents, are vested with direct parental authority. The grandparents, older brother or sister, aunties and uncles, in this order, are vested with subsidiary parental authority. And the schools, vocational centers, training institutions and their heads and teachers or professors are vested with special parental authority.As special parents, the schools therefore have the obligation to ensure that their students do not only learn their three (3) Rs (reading, ‘riting and ‘rithmetic) or the modern education that they offer, but also achieve balanced moral standards, good health and safety of their persons.
As a whole, the law thus requires schools to pursue and promote the best interest of our children as young human persons.What is the liability of the school if something bad happens to our children or our children are the ones who caused damages or injuries to others?Under Article 2180 of the Civil Code, the school shall be held liable for all injuries, damages and civil liabilities that their students may have incurred so long as they are under the school’s custody.
The liability of the school is solidary, which means it is always a party to the case filed by the injured party.The definition of “under school’s custody” however varies according to the circumstances of each case.In the case of Filamer Christian Institute vs. Hon. Intermediate Appellate Court et. Al , G.R. No. 75112, 17 August 1992, the school was made liable for the serious physical injuries brought by a working student who drove the school vehicle and sideswiped a pedestrian. Despite the working student was not the authorized driver of the school, he was considered as under the school‘s custody.
The school is also held liable for a student who inflicts serious physical injuries to his classmate inside school premises during school hours. See Ciriaco L. Mercado vs. Court of Appeals, Manuel Quisumbing, Jr., et al., G.R. No. L-14862, May 30, 1960).In one case, the school was also held liable for a student who caused damage to private property while the students were in a school-authorized field activity.
In contrast, there are instances that the school is not held liable if the court finds that it has exercised its duty of extra-ordinary diligence.In the case of St. Francis High School vs. CA, G.R. No. 82465, 25 February 1991, when a student who came to a beach outing with his parents’ consent, and he was drowned trying to save a drowning teacher, the school was not held liable as there was no negligence found on the part of the school.
In one isolated case, when a student killed his classmate during semestral break, the school was not held liable as the court ruled that the school had no custody of the students during semestral break and there was no negligence on the school. See Jose S. Amadora et al vs. CA, G.R. No. L-47745, 15 April 1988. In the case of PSBA et al vs. CA et al, G. R. No. 84698, 04 February 1992, when a student was stabbed to death by intruders while inside the school’s premises, the school was not held liable as the court ruled that schools are not insurers of all risks.The moral of these case stories then is we, as parents, must exercise our utmost discretion in choosing the best school to send our children, not for its name or fame, but for its record of handling students as special parents.
So every morning as we send our children to school, we can have peace of mind that the school will take care of our children as we do as parents, if not better.As our children board the school bus packed with their school bag, daily allowance and lunch or snack pack, and as we bid them goodbye with a loving hug and kiss, we have a security as we in effect relinquish our parental authority. For we then entrust the rest of the day to the school, its teachers and school head to fill in our shoes.
With these law and jurisprudence, we hope that our schools in turn will exercise extra-ordinary diligence in taking care of their students “under their custody“, within or outside of their premises.Otherwise, in case the school fails to exercise its parental authority willingly or unwittingly, the law will hold it liable for whatever damages that may affect or involve our children.
Subscribe to:
Posts (Atom)
