My report in Public Corporation

Municipality of Jimenez (thru its town officials) vs RTC Judge Vicente Baz and the Mun. of Sicanaban (thru its town officials).

This topic about  the legality of the creation of towns by Presidents is one that affects me personally. Bear with me, and indulge an old man,  as I inject some personal insight into my report.

Jimenez happens to be the place where my Uncle is spending his retirement years after working as a DepEd nurse for Lanao del Norte all his working life. He is  a true-blooded Cebuano who married into the Galindo clan of Jimenez, Mis. Occ.

But of even more importance to me is the case of Pelaez vs Auditor General which is being leaned upon heavily by Jimenez in this petition for certiorari against respondents, more specifically the town of Sinacaban. This then is a tale of my uncle and yours truly.

Jimenez is one of the nine original towns of Misamis Occidental when the old province of Misamis was divided in 1929 into Mis Occ and Misamis Oriental. Jimenez had a land area of a little over 18,000 hectares until August 29, 1949. The following day, Aug 30, 1949, Pres. Elpidio Quirino thru EO 258 carved out of the town of Jimenez, the town of Sinacaban. Jimenez suddenly shrank to 8,100 hectares. If the Beatles were around in 1950, the people of  Jimenez including the future parents-in-laws of my Uncle would have sung: “We’re not half  the town we used to be”. That is my uncle’s part of the tale.

After the usual wrangling over boundaries, Jimenez and Sinacaban came to an agreement whereby portions of some barrios which were delineated as part of Sinacaban were retained by Jimenez pursuant to a resolution of the Mis Occ provincial board on Feb 18, 1950.

I am not sure how, but somehow a new generation of Sinacaban leaders forgot the agreement because on November 22, 1988 Sinacaban wanted to retake these areas and filed their claim with the Provincial Board of Mis Occ. 

I googled Sinacaban just to get some insight and this is very interesting. The website for the town has this following information which I quote verbatim:

A new brand of leader came up on the year 1986, preferably the month of April. 

Anyway, the PB of Mis Occ ruled in favor of Sinacaban forcing Jimenez to file a petition for certiorari, prohibition, and mandamus with the RTC. Using the case of Pelaez vs Auditor General, Jimenez contended that Sinacaban could not exist as a municipality because it was only created by an EO.

RTC Judge Baz ruled in favor of Sinacaban thus Jimenez went to the Supreme Court.

The SC ruled that, indeed, Sinacaban is a municipality although created only under an EO based on the ff:

1.       It has been impliedly recognized (as when Jimenez entered into an agreement with Sinacaban in 1950) and its acts accorded legal validity.

2.       Sinacaban was considered as part of a municipal circuit in the Judiciary Reorganization act of 1989;

3.   The Local Government Code of 1991 provides that towns created by presidential issuances and which have their respective sets of elective officials at the time of the passage of the LGC are considered as regular municipalities.

SC in effect said that Pelaez vs Auditor General does not apply here.

Now let me share with you an old man’s tale (my tale) about Pelaez vs Auditor General. If you read the footnotes of the case you will find a list of 33 municipalities created by Pres. Macapagal (his opponents called it gerrymandering which you can google for the meaning). These 33 towns were subsequently dissolved by the order of the SC. 

One of the towns listed is Libertad in Zamboanga del Sur. It was carved out of Dimataling, Zambo del Sur. How did I know these? I lived in Dimataling until Grade I.  But I grew up in Cebu until high school with my grandparents. But more significant to my story is that my father was appointed by Pres. Macapagal as the mayor of Libertad. But that was shortlived because of the Pelaez ruling.

I'm sad because my iPad is already obsolete but I love this gadget

In January my brother who is an OFW in Canada e-mailed me saying that he was sending me something for my birthday. Then he attached the order invoice for a 32G, wireless model iPad; keyboard dock; case and cables.

During the early days of iPad there  were at least  10 reasons for not buying one. By December the utility of the iPad was already established and the only reason advanced for not buying an iPad was that an iPad 2 was in the making. April 2011 was the purported release. But here was my brother ordering one for me for my May birthday. Who am I to complain? He spent 700 Canadian dollars for the gadget including the 4 apps I asked him to preload. I told myself I am going to take this Apple product for a spin.

This is now the middle of March. The iPad 2 went on the market on March 11. I am both sad and happy. My iPad is already obsolete but I found that the iPad is a game-changer for me. When I was in law school during the first semester of 2010 I would lug at least 2 big law books each day. I did not attend school in the second semester due to my new responsibilities at work. But now that I have settled to the routine, I'll be going back to school next semester. But instead of my printed books, I will be carrying my iPad.

I have GoodReader for reading my pdf books. And I can annotate on the fly with it. For my note taking I am still weighing between the NoteTaker and NotesPlus . NoteTaker can annotate pdfs and e-mailing the result is very easy. I like the recording facility of the NotesPlus. Altho I am not yet sure if it can record clearly from the back of the class where I usually sit.

The new update of NoteTaker, which was not there when I first tried my hand on it,  now allows me to use the keyboard for making notes. I downloaded the income tax return form from the BIR; opened it in NoteTaker,  filled up a few boxes as a test, then e-mailed it to my Yahoo. Presto, I could print it on my networked printer. I could even affix my signature while in NoteTaker.

I think I could do the printing directly with AirPrint. But there was a little problem at the time. I'll work on it next time. I tested AirPrint before in Pages and it worked.

With voice recording, NoteTaker will overtake NotesPlus in functionality. Whichever comes first with a handwriting add-on gets my vote as my main note taking app in classes. But I know the add-on will set me back, or my brother who pays the app for me, by 2 bucks.

I also have the Pages for iPad but I now think I don't really need it. And it cost 9.99 dollars. I should have ordered instead the KeyNote for my presentation needs. It costs the same.

Games? My brother preloaded it, upon my request, with PG Uranus. But the children loved the free Angry Birds better.

Free books? Lots of them. There are many on the Apple Store itself. Or get them from Gutenberg Project.

Next time I'll talk about my wishlist for an upcoming iteration of the iPad, hopefully the iPad 3. iPad 2 does not have what I really need to make my notetaking more responsive. Until then, I am stuck with iPad 1.

Unscientific new PH Peso?

It seems everyone has pitched in about what is wrong with the new Philippine currency note series. Some of the criticisms are about the:

• color of the parrot's beak, (or neck, I am not sure at the moment)  in the PhP500.00
• location of the Tubbataha Reefs in the PhP1000.00

My favorite gadfly, a reliable one, Calipjo Go, also pointed out that using the butanding in the PhP100.00 sounds as if the Philippines is claiming, or at least the Bangko Sentral, that the butanding in the Bicol seas are native to the Philippines.

Bangko Sentral has explained the problems concerning the parrot and the Tubbataha Reefs. See here. The critique of Mr. Go, I think, has been deftly answered by Rodel Batocabe. See here. 

But I have not heard a howl from the scientific community. I cannot believe there is no numismatist among Philippine scientists. So let me weigh in with my 20 cents worth of opinion; more accurately, 20 pesos worth.

Here's a portion of the obverse side of the new  PhP20.00.

I am sure MLQ3 is very proud of his grandpa in this portrait.  (Manolo has vanished from blogosphere. I heard he is again roaming the grounds of  the former official residence of his grandpa. It would not be the first time. He was also there in the early days of the former administration.)

But were he a biologist he would have noticed that the convention in writing a scientific name has been violated in the new series of the Philippine Peso bills:

• the genus is always underlined or italicized
• the specific epithet is always underlined or italicized
• the first letter of the specific epithet name is never capitalized

Here's the reverse side of the same bill. Take a look at the scientific name of the palm civet. (The line enclosing the scientific name was later added in MS Paint just in case I might be accused of violating PD 247)

The same problem holds true in the higher denominations.