Coca Cola ads not insulting to intelligence

Here is a reaction (Anonymous) to the comment of Dinah regarding the Coca-Cola "fence" ads:

I don't see how placing banners of Coca-Cola around the city results to insulting the "intelligence of the gentle people of Dumaguete." I agree they may be an eyesore to some, but how did Dinah come to the conclusion that placing banners of Coca-Cola conveys that Dumaguetenos have a "one track mind" of drinking said product?

Dindo wants Perdices to Apologize

The pre-trial proceedings in the civil case of Mayor Agustin R. Perdices and Negros Chronicle columnist Dindo Generoso went as scheduled last Wednesday at the sala of city court Judge Antonio Estoconing.
It was by and large an amusing pre-trial session.
By the way, I am acting as Dindo’s counsel for this case. I took personal interest in this case because it is one concerning press freedom.
I have surveyed Philippine jurisprudence on the civil liability of public officials who harass journalists writing for the press, and I have not found one yet, so I view the case as a test which could hopefully enrich jurisprudence.
If you have jurisprudence on this subject, please inform me so we can share it.
As you remember, Mayor Perdices felt he was defamed by an opinion article when Dindo wrote and questioned the canvassing of the mayoral elections.
Mayor Perdices felt the article defamed him, so he sued Dindo ---not for criminal libel--- but for civil defamation and abuse of rights.
Mayor Perdices’ theory is that Dindo Generoso as an opinion writer, abused his rights when he demanded an explanation by the canvassing board, on the counting of votes in the the mayoral elections in 2007 where mayor Perdices was a candidate.
Dindo opined that if he gets no sufficient explanation, he believes that Atty. Art Umbac was robbed of his road to victory in the mayoral elections.
Coming out of nowhere, Mr. Perdices who obviously was not a member of the board of canvassers since he was a candidate himself, sued for defamation perhaps wrongly thinking he was the one made to explain.
Dindo sued Mayor Perdices back for violating Dindo’s constitutional right to write for the press, as a columnist.
Yes, the civil code explicitly holds liable any public official who violates any persons constitutional rights, including the right to press freedom.
It is not true that journalists do not have legal remedy against public officials who them harass in court while they do their jobs. They have. We have.
This is the aspect that interests me about this case.
As a lawyer, I am trying to put a human face to this civil code provision.
Back to the pre trial, the judge as a matter of procedure, asked both Perdices and Dindo if there is a way to settle the case.
I was told by Perdices’ lawyers, Myles Bejar S.U. Dean of the College of law, and brod Lester Nique, that Perdices wants Dindo to make a written apology.
Perdices' offer was that if Dindo apologizes, then Perdices will settle.
Dindo was present in the hearing so I relayed to him what Perdices' offer of settlement was.
Upon hearing this, Dindo almost fell off his chair.
I, too, was amused. Mayor Perdices, after harassing a journalist by filing what many believe is a nuisance suit, now wants the journalist to apologize.
Pasi-aw giyud ning kang Senior Perdices.
Dindo instead told me to tell Senior Perdices that if Perdices will be the one to apologize, then perhaps Dindo will be open to settlement.
So, Mayor Perdices, as Dindo’s messenger, he is asking you to publicly apologize for your harassment acts, because that is an act un-befitting a public servant paid by taxpayers' money. I think the Negros Chronicle will be willing to publish the mayor’s apology free of charge.
Dindo’s offer is indefinite. Mayor Perdices, you may contact Dindo at this number: 225-1825. Para mahusay na ni, the earlier the better.
Everybody happy, including Judge Estoconing kay puntos ni sa iyang case disposals.
Mayor, dunay pa ra ba'y pending perjury complaint batok nimo. Na-ay pa giyu’y falsification of public documents mo-sunod.
Ah, I will write about that falsification public documents, next.

Dumaguetena loves Arnel Pineda

A Dumaguetena , '4everursarnel,' now residing in Canada reacts to the blog on Arnel Pineda:

hi, i have a feeling ur from dumaguete.
i am a true dumaguetena who now resides in canada. anyway, i enjoyed reading your blog.
i have been one of those who stalked anything about arnel on cyberspace since he became journye's lead vocals.
his video clips never fail to charm me and i dont call it a day wihtout a dose of it. some people just cannot take the fact that steve perry is no longer coming back and that with arnel, the hardcore journey fans in my opinion are threatened that journey finally had the 'right deal' after several attempts to find a replacement close to perry.
i dont expect him to be steve perry because arnel will be arnel. and i love him for the kind of voice he possess--raspy and deep and that his ability to sing a cover from the beatles to led zep, from john farham to heart shows his versatility as a singer.

Jay's reaction:
Go Arnel!
And yes, ma'am I grew up in Dumaguete.
Basta, no disrespect meant, in my musically-unschooled opinion, Arnel Pineda sings "Faithfully" better than Steve Perry. Arnel injected that raspy ingredient which made a lot of difference.

Insurance endorsements allowed

Let me post a reaction to my recent blog on insurance claims, in cases when the vehicle is sold from one owner to another:

I am an IBP member now based in the US.
In my humble opinion, and correct me if I'm wrong, the new owner may yet claim benefits under the insurance of the former owner. This is only possible if the former owner had endorsed his unexpired interest in the insurance in favor of the new owner.

Jay's reaction:

You are correct, Sir.
If there is an endorsement, and the insurance company doesn't object, the insurance company waives the protections of the insurance law.
In reality, the insurance company usually won't object to endorsements, if the one year period of coverage has not lapsed.
It's a good business decision because the insurance company is after the renewal of the insurance policy for the next year, this time by the new vehicle owner.

Can I claim car insurance procured by previous owner?

A client posed a query to me regarding his claim for insurance.
The client bought a second hand car.
This car, had been insured by the previous owner.
After the car was sold to the client, as a second hand car, the car was involved in a collision.
The client now asks whether he can claim the insurance that was procured by the previous owner.

The answer is No.
Client cannot claim the insurance proceeds out of the insurance procured by the previous owner.
There is a rule in our insurance law that an interest in the property insured must exist when the insurance takes place, and when the loss occurs.
It is true that the client has interest over the second hand car at the time of the loss (collision).
Unfortunately the client did not have interest over the car when the insurance took place.
When the insurance policy for the car was procured, the one who had interest was the previous owner, not the client.
Thus, the client cannot claim the insurance proceeds.
If he makes a claim to the insurance company, the claim will be denied.