Friday, July 24, 2009

Writ of Habeas Data

The Supreme Court of the Philippines under the helm of Chief Justice Reynato Puno went toe to toe with the Arroyo Administration in an attempt to curb what are perceived to be political killings and disappearances of militant leftists. Through the Constitutional power to promulgate rules for the protection and enforcement of constitutional rights, the Supreme Court added more teeth to legal remedies for the victims’ families. While the writ of habeas corpus has been available to the people since time immemorial, this extraordinary remedy has proven ineffective in compelling the Philippine National Police and Armed Forces of the Philippines to shed light in their participation, or lack thereof, in the killings and disappearances of purported enemies of State. The PNP of AFP officials will simply reply that the missing person is not in their custody, or allege that the person in their custody is being held in connection with a criminal case. The PNP or AFP can have the petition dismissed based solely on the aforementioned grounds. To remedy this legal loophole (blackhole), the Supreme Court promulgated rules on the writ of amparo. It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof. It is intended to empower victims’ families to extract much needed information that may be crucial evidence to solving the mysterious killings and disappearances. However, the executive branch, the PNP and AFP have been less than candid and uncooperative in judicial proceedings and legislative investigations, withholding information under the principle of executive privilege. This prompted the Supreme Court to promulgate yet again new rules to put a check on this much abused executive privilege. Rules on the Writ of Habeas Data were approved last Tuesday, intended to force the police and military to hand over records and confidential documents to the families of suspected victims of extrajudicial execution. Chief Justice Reynato Puno said the writ of habeas data, which would take effect on Feb. 2, was intended to strengthen activists' right to privacy. "The writ would give petitioners more authority to gather or extract data about the disappearances and extrajudicial killings, allowing families of the victim to know the truth surrounding the cases," Puno told reporters.

Retire in the Philippines

Looking for a place to retire? For most westerners the Philippines has always been among the top choices. Indeed, so many tourists and expats have decided to retire in the Philippines. Retiring in the Philippines has been an easy transition because of the advantages the Philippines has to offer. Location is key. The Philippines is regarded as a strategic location in South East Asia because of its proximity to Taipei, Hong Kong, Jakarta, Singapore, Bangkok, Kuala Lumpur, and even Tokyo, Seoul and Beijing. The Philippines also boasts of its own business and industrial hubs in Baguio, Subic, Clark, the greater Manila area, Cebu, Cagayan de Oro and Davao. Recently, the province of Negros Oriental and Dumaguete City in the same province have been reported as the best place to retire in the Philippines. There are several other places, however, that are ideal places for retirement in the Philippines. Consider Baguio City, the former R & R destination of American servicemen and Summer Capital of the Philippines, where the Philippine Military Academy, Camp John Hay, and Baguio Country Club are located. Baguio City, located about 2,000 meters above sea level boasts of pine trees and cool climate all year round. Baguio City is not only a tourist destination, it is also an industrial hub with Texas Instruments among its residents. Another ideal retirement location is Puerto Galera in the province of Oriental Mindoro. Puerto Galera is so named because of its protective natural coves and bays where Spanish Galleons sought refuge from storms when the Philippines was colonized by Spain. Today, Puerto Galera has so many foreign retirees enjoying the sun, surf, and sand, not to mention the top diving spots in the region. So many westerners have made Puerto Galera their new home. Yet another retirement location favorite is the island of Cebu. Top notch beach front properties dot the island from north to south, and hillside locations are abundant as well. Cebu is the new frontier for land developers Ayala Land and Landco. No matter where you retire in Cebu, you will find that you are only about 2 hours’ drive from Cebu City, which is currently the favorite place of business process outsourcing locators. Of course, for retirees who will miss the hustle and bustle of city life, you are never too far from Manila (Metro Manila). Even the southernmost destination of Zamboanga City is only about an hour’s flight away from Metro Manila. Metro Manila boasts of the business districts of Makati, Ortigas and Alabang. Of course, the famous old city of Manila itself has never lost its luster. Despite the rapid economic growth in the Philippines, the low cost of living in the country has always been a major factor for those who consider retiring in the Philippines. Anyone can live like a king, or queen, with a monthly pension of $1,000 USD. Most, if not all, foreigners retiring in the Philippines have invested part of their retirement benefits in some business in the Philippines to augment their financial resources, or to simply maintain an active life while in the Philippines. If you are a foreigner, there are so many reasons why you should retire in the Philippines. Some have noted the innate hospitality of Filipinos, and the absence of a language barrier. English speaking retirees will enjoy the Philippines, which is the largest English speaking nation outside the western hemisphere. This is the reason why call centers in Europe and the United States have relocated their operations to the Philippines. Year after year the Philippines is getting a larger slice in the call center business, second only to India. Not only do Filipinos speak good English, they are friendly as well. Callers can tell whether the call center representative is in the Philippines because of either their excellent English diction and grammar or their friendly attitude over the phone. Indeed, Filipinos are regarded to give preferential treatment to foreigners. Retirees have noted that Filipinos are a happy lot. There is no better way than to live your retirement years enjoying the sunshine paradise and Filipino friendliness in the Philippines.

Nueva Vizcaya

Are you a trekking or spelunking enthusiast? Looking for a new territory to conquer? The province of Nueva Vizcaya is the perfect place for you. This land locked province used to be part of the vast territory of Cagayan Valley until 1839 when Gov. Luis Lardizabal issued an Order creating the province of Nueva Vizcaya. The order was approved by a Royal Decree on April 10, 1841, and in 1902 Nueva Vizcaya had its first civil government organized by the Philippine Commission. The territory of Nueva Vizcaya was reduced in size when the province of Isabela was formally created in 1856. Its territory was further reduced when Ifugao province was organized in 1908, and Quirino province in 1971. Quirino was formerly a sub-province of Nueva Vizcaya.

Despite the great reduction of its territory, Nueva Vizcaya still enjoys its unique location in Cagayan Valley. Located at the southern entrance to the Cagayan Valley, Nueva Vizcaya offers mountain ranges, valleys, water falls, rolling hills, plains, and best of all, majestic caves, which are all ideal for eco-tourism. Among the famous destinations are Mt. Pulag National Park, which straddles the towns of Kayapa and Ambaguio, and Alayan Cave in Kasibu. Mt. Pulag is the Philippines’ second highest peak at 9,630 feet above sea level, while the Alayan Cave system in Barangay Capisaan in Kasibu town is recorded as the 5th longest cave system in the country at 4.5 kilometers. The longest cave system in the Philippines is Saint Paul Cave in Palawan, which is recorded as 15 kilometers long. According to one experienced caver, Alayan Cave is like Sagada and Callao caves combined. The stalactite and stalagmite formations in Alayan Cave are world class.

However, another cave system was discovered recently by veteran mountaineers and spelunkers in the remote area in Barangay Pao, also in Kasibu. This is probably the longest cave system in the country, besting even Saint Paul Cave of Palawan in terms of length, and Kasibu’s own Alayan Cave in terms of rock formations. This newly discovered and unexplored cave, which begins at Barangay Pao, Kasibu town, goes underground until it reaches Barangay New Gumiad in another town, Dupax del Norte, which is estimated to be a 15.7 kilometer stretch. However, according to a founding member of the Nueva Vizcaya Mountaineering Club, the newly discovered cave is at least 20 kilometers long, not including other passages and arteries. The length of the cave system was measured through a practical method of pouring rice bran or ipa into the fast flowing river at the cave entrance in Barangay Pao. They later found the rice bran in Barangay New Gumiad. It is possible that the flowing river has carved a big underground cavern. The entire length of the newly discovered cave remains to be surveyed.

Indeed, so much of Nueva Vizcaya’s territory remains unexplored. It is possible that there are other caves and water falls in the mountains of Nueva Vizcaya. Tourists pass by Nueva Vizcaya on their way to other mountain destinations like Banawe and Sagada. Now there is more reason for tourists to make Nueva Vizcaya their primary destination. This landlocked province is surrounded by three mountain ranges: Sierra Madre in the east, Caraballo in the south, and Cordillera in the west. North of Nueva Vizcaya is the vast plains and rolling hills of Isabela, and further north is Cagayan province. West of Nueva Vizcaya is Pangasinan and Benguet, with roads leading to Baguio. Northwest of Nueva Vizcaya is Ifugao and Mountain Province, which boasts of the Banawe Rice Terraces and Sagada Caves, respectively. East of Nueva Vizcaya leading to the Sierra Madre mountain range is its former sub-province, Quirino. The provincial capitol is located in Bayombong, while its commercial district is located in Solano. Nueva Vizcaya is approximately 6 hours away by car from Manila. The province is also accessible via light aircraft that can land at the Bagabag Airport.

To get to Nueva Vizcaya from Manila by land, take the North Luzon Expressway going north and then take the Sta. Rita exit. Follow the National Highway through Bulacan and Nueva Ecija provinces. You will pass through the towns of Gapan and Cabanatuan until you reach San Jose at the foot of the mountains. The zig-zag mountain road will lead you directly into Sta. Fe, Nueva Vizcaya, with its famous Dalton Pass-Region 2 Marker welcoming you into province. Dalton Pass is approximately 3,000 feet above sea level with breathtaking views… and that’s only the beginning of your tour of Nueva Vizcaya.
 

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