Inquirer picks up Perdices-Dindo suits

The Inquirer website, a partner of the Philippine Daily Inquirer has picked up the story of the swapping of suits between Dumaguete mayor Agustin Perdices and Negros Chronicle columnist Dindo P. Generoso. The story written by Inquirer Dumaguete correspondent Alex Pal is titled: "Dumaguete journalist, mayor swap civil suits"
The National Union of Journalists of the Philippines has also circulated the Inquirer news article in its newsgroups and will shortly post in on its alerts on its website.

Perdices used switched, falsified public document

Contrary to what others may think, the crime of falsification is not limited to forgery.
In our Revised Penal Code, the felony of falsification could also be committed when a person engages in switching of documents.
The switching of a page or pages of a document that would make it appear that a person performed an act, when in truth that person did not perform such act, is criminal.
If the switched document would result in attributing to a person acts or statements other than those made by him in the genuine document, that would also constitute falsification.
For example, a genuine document shows a certain person signing as witness in a public document.
But the falsifier switches that document with another document where it now appears that another person, say Governor Macias, witnessed the execution of the document, instead of that other person, that is falsification of public document.
It is falsification because the falsifier made it appear that Governor Macias signed as witness to the execution of a document, when in truth, he did not.
Not only the actual falsifier is liable, but the one who used such falsified document is criminally responsible.
It would be worse if such falsification is used in judicial proceedings.
Unfortunately, this is what Mayor Agustin Perdices did.
This is what journalist Dindo Generoso discovered in the defamation suit filed by Mayor Agustin Perdices against him (Civil Case 2007-66), pending in the sala of city judge Antonio Estoconing.
Here is what happened.
Mayor Perdices filed an amended complaint against Mercedarius Dindo Generoso sometime in August 2007.
Perdices attached as his Annex “A” a purported two-page contract of services between then Governor George Arnaiz and Dindo Generoso.
The contract shows that the provincial government engaged the services of Dindo as tourism official for the six month period from January 1, 2007 to June 30, 2007.
However, the second page of the contract, which bore the signatures of the parties, the witnesses, and the notarization, was replaced by another document, completely alien to the contract.
As a result, the signature of Dindo was already different.
As a result, it appears that then Rep. Macias was a witness to the contract. The genuine did not show Macias as witness.
As a result of the falsification, it now appears that the contract was notarized in 2006.
In truth, the document was notarized in the year 2007.
As a result, the signature of Dindo on the second page (the fake page) is different from the signature he affixed on the first, genuine page.
Under oath, Mayor Perdices used such falsified document in his civil suit against Dindo.
Terrible.
Dindo and I just shook our heads.
Worse, during the pre-trial, the copy of the falsified public document was offered to Dindo for admission.
Knowing that the public document was falsified, since the second page was replaced with another alien (fake) page, Dindo of course refused to admit.
Dindo now is challenging Mr. Perdices, and his legal counsels to produce an original of such document, if at all such exists. (Good luck).
If unable to produce, Dindo is set to file criminal charges of falsification of public documents against Perdices and his lawyers.
The rule is that of a person had in his possession a falsified document and he made use of it, the presumption is that he is the material author of the falsification.
We don’t know how judge Estoconing will appreciate this brazen criminal act before his court. That is his call. It is his court that is being blatantly mocked.
That is not really our utmost concern.
Our concern is on matters of public policy.
Our worry is, since it is our dear Mayor Perdices who is using a falsified document---in a judicial proceeding at that---it makes us wonder.
Are there documents at city hall which are falsified also?
If ordinary citizens deal with city hall, how sure are we that falsified documents are not being used by Mayor Perdices?
How sure are we that Mayor Perdices does not use switched public documents in his dealings at city hall?
We thus deem it our civic duty as journalists to warn fellow citizens.
When you deal with city hall, or with Mayor Perdices for that matter, be wary.
Be on guard against document switching.
What a sad story to tell.

Daddy demanding support from own child

Let's talk about "Support" in our Family Code.

Under the Family law, support comprises everything indispensable for (1) sustenance, (2) dwelling, (2) clothing, (3) medical attendance, (4) education and (5) transportation.
In short, support is to be given to a family member when it is needed for continued existence.
It is normal that minor children, specially when they are still in school, have to be accorded support by parents.
It is not also abnormal that a parent seeks support from his children, specially when he is already old, and has no means of getting income for his food and continued existence.
What is abnormal, though, is when a parent, who is exercising a profession, earning income, in the fit of health, demands support from his own children.
There is a story about a former high ranking city official, who, while engaging in his private profession, filed a complaint against his own child. Daddy is demanding that he be supported by his own child.
The child, I heard from the grapevine, is very suspicious as to why the daddy, who has a profession of his own, is earning income, as able-bodied (baskug), and is a good provider, is demanding support.
The child strongly suspects that the father filed a complaint seeking support in order to help maintain his “chiquiting”. Daddy is Mr. Valentino.
That is why the child resisted giving extra money to daddy.
The internal parent-child squabble has jumped out of the domestic window and has turned into a pending case where daddy is the complainant for Support pendente lite, while the child is respondent.

Support pendente lite means daddy is asking that support be given "while the case is pending."

Ikaw giyud daddy... sobra na pod nang imo...
The presiding officer handling the complaint is bewildered.
I think daddy "groovy", the former city official, has a distorted understanding of the concept of Support in our law.
Daddy ought to be reminded that support is demandable only for things which are indispensable for sustenance and continued existence, not for maintenance of extra-curricular activities.
According to a report I got, in one proceeding, the child reportedly complained that daddy is maintaining a young lady whose age is not far from that of the child.
The complaining daddy reportedly retorted, slyly: “Alang-alang manguyab ta ug tigulang.”
Guess who the daddy "groovy" is?
e-mail: elmarjay@pldtdsl.net

Court acquits alleged drug pushers

A regional trial court in Dumaguete City has acquitted two accused of drug selling.
The reason for their acquittal was that the prosecution lacked the evidence to prove the charges that the accused indeed sold or poseessed drugs.
The court found that while the charge was that the accused sold nine packs of shabu, only frive packs were presented.
The court also was not convinced of the conspiracy charge by the prosecution.
Here is the press relase submitted by lawyer Raymund Mercado who acted as counsel for the acquitted:

LAW PROTECTS DRUG
SUSPECT - SET FREE

THE REGIONAL TRIAL COURT LAST JANUARY 23, 2008 DISMISSED THE CASES AGAINST KHALIL OROZCO y VILLARIZA and CORNELIO GRAPA y ROSALES FOR VIOLATION OF SECTIONS 5 [DRUG SELLING] AND SECTION 11 [ILLEGAL POSSESSION] REPUBLIC ACT 9165 AFTER ACTING FAVORABLY ON THE DEMURRER TO EVIDENCE FILED BY THE MERCADO & PARTNERS LAW FIRM THROUGH ITS’ SENIOR PARTNER ATTY. RAYMUND J.A. MERCADO.

THE REGIONAL TRIAL COURT BRANCH 30 PRESIDED OVER BY HON. JUDGE CRESENCIO TAN GAVE CREDENCE ON THE DEMURRER TO EVIDENCE FILED BY THE MERCADO & PARTNERS LAW FIRM ON THE FOLLOWING GROUNDS:

1. THE NUMBER OF ALLEGED PLASTIC SACHET OF SHABU CONFISCATED ON THE INCIDENT THAT HAPPENED ON SEPTEMBER 22, 2004 NUMBERED ONLY FIVE BUT THE CRIMINAL INFORMATIONS FILED IN COURT FOR THE TWO [2] CASES TOTALLED NINE [9] IN ALL. THUS, THE ELEMENT OF CORPUS DELICTI REQUIRED IN DRUG CASES HAS NOT BEEN SATISFACTORILY ESTABLISHED.

2. THE PROSECUTION FAILED TO PROVE CONSPIRARY OF THE TWO ACCUSED IN THE CASE OF DRUG SELLING. THE COURT ADDED THAT THE PROSECUTION HAD NO EVIDENCE WHATSOEVER ON THE PARTICIPATION OF ACCUSED GRAPA IN ANY WAY IN THE COMMISSION OF THE OFFENSE CHARGED. MERE PRESENCE OF A PERSON AT THE SCENE OF THE CRIME DOES NOT MAKE HIM A CONSPIRATOR FOR CONSPIRARY TRANSCENDS COMPANIONSHIP.

THE COURT CONCLUDED THAT THE DRIVE AGAINTS ILLEGAL DRUGS DESERVES EVERYBODY SUPPORT. DRUG ADDICTION IS DETESTABLE IN ANY SOCIETY. HOWEVER, THE COURT HAS THE DUTY TO PROTECT THE ACCUSED WHERE THE EVIDENCE PRESENTED FAILED TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.

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.

Coca Cola ads: an insult to intelligence?

Another reaction from Dinah Penaflorida on the Coca Cola "fence" advertisements seeks information on how much was paid to the city government for these ads. The email goes:

Please inform me how much did Coca-Cola pay the city Council to get a permit in creating this"eyesore"? This is an insult to the intelligence of the "gentle people of Dumaguete"...it conveys the message that they have a one track mind of drinking exclusively...coca-cola...what happened to C2 Pepsi,calamansi,tea, taho etc? If Coke has alot of money to burn - why not pay the school children to paint a mural over these signs?I am not a resident of Dumaguete..but I remain loyal to Silliman and love Dumaguete City!

Dinah Penaflorida
SUCN, '69

Coca Cola advertisements: an eye sore?

Reacting to the email about Coca Cola painting the town red, through their massive "fence" advertisements all over Dumaguete City, ADumlao is suggesting to the city council that it take action.
Here is the email reaction of ADumlao to the Coca-Cola fence advertising:

"I looked at the 2 photos and find the COKE Ads as "eye sores" that affect the "character" of the city.They should not be allowed to "litter" the beautiful city that I once knew and fell in love with when I was a student in Silliman in the late 60s.Companies should have specified places to put their advertisements, that would be a great thing to impose, by the city council"

The craze over Arnel Pineda's Journey

There is a craze in the Filipino internet community over the recent selection of the multi-talented Arnel Pineda of The Zoo as the new lead singer of the American rock band Journey.
You can just Google Arnel Pineda and one can see a deluge of heartwarming expression of pride over the Filipino "Cinderella-Man" whose life of rags-to-riches brings us to that scene in the award winning Forrest Gump where actor describes life as a "box of chocolates".
Arnel Pineda grew up experiencing the harshness of life in the Phlippines, mother-less at ten, with no house to go home to, with very little to eat,no bed to sleep on.
Yet, he discovered his God-given talent in music, packed his bags, became a recognized versatile singer in local bars.
And he never looked back.
Now, he brings pride to the motherland having been chosen as the "New Voice" of a once-all American, yet world renowned rock band Journey.
Journey is noted for rock ballads like "Open Arms" and "Faithfully", and upbeat tunes like "Don't Stop Believin'" , "Wheels in the Sky".
It was Steve Perry who carried the band in the 1980's because it was his voice that struck a chord in the hearts and ears of millions of Journey fans around the globe.
Steve Perry and the band separated.
Steve Perry went his way alone, and is remembered for the hit "Foolish Heart" in the mid-1980's.
But for the band itself, not a few people felt Journey really wasn't able to sustain their popularity over the years, without Perry.
There were lead vocalists that followed after Perry, but none seemed to come close to Perry's unique talent and charisma.
Last year, Journey through its guitarist Neil Schon planned a comeback but the problem was they were a band without a voice (or "that Voice").
Schon turned to You Tube and eventually found uploaded clips of the Filipino Zoo Band with Arnel Pineda at the helm.
It was not surprising that Schon was awe strucked at the Filipino talent.
The You Tube clips tell the tale.
Thus, the story of Arnel Pineda is not so much about his talent.
He has IT. No question.
Not only does Arnel have quality. It's his versatility that amazes me no end.
Personally, my favorite Arnel covers are "Faithfully", "Please Don't Ask Me", "Ever Since The World Began", "The Flame".
In my opinion, he sings the songs at par, if not better than the original.
He has a voice so similar to Steve Perry---only better.
And I am not exaggerating.
But it was the manner by which he was discovered that makes Arnel's story interesting.
I will not be surprised if there would be a deluge of video uploads of other bands, hoping they would score like Arnel Pineda did.
In this sense, Arnel Pineda is an inspiration.

Racists spoil the show
Unortunately, along with the overflow of warm congratulatory messages over Arnel's new fame, there is also a parallel barrage of ugly racist remarks hurled against Arnel Pineda, and Filipinos in general, in the internet.
I suspect it comes from American die-hard Journey fans who can't get over the fact that Steve Perry, would no longer be coming back to Journey.
Of course the internet will not provide proof, but one can get a feeling that the "white superior race" is behind the throwing of racist mud not only upon Arnel but the "small brown creatures" from the East.
Never have I seen such racial hatred that really struck home.
But most of all, I suspect these racial slurs are spawned by the fact that somebody can belt a Journey song as good as, if not better than Steve Perry.
And the guy's not "white".
Let me relay some of the terrible racist remarks you can read in the internet about the phenomenal rise to stardom of a Filipino named Arnel Pineda.
One (Adolf Hitler-inspired) comment stated that Journey should retain itself as an "all-American band".
This comment suggests that Journey will not be Journey if a non-American is part of the band.
Worse, the non-American is a brown-skinned creature.
Another merciless commentary complained to Journey band guitarist Neil Schon that he shouldn't have chosen a Filipino because "we cannot relate to small brown Asians".
Comments can get a lot worse.
One comment wrote: "He sings well but we can't dissociate him from that pizza delivery boy".
Another takes a nasty jab at the wrong perception of Filipinos being dog-eaters.
The comment stated: "If Journey performs in our place, I will hide all my dogs."
The racially-tainted comments are enough to make one fume.
But a very stark observation I made is that all the negative, hurtful, uncivilized comments against Arnel Pineda relate to things other than his talent.
I haven't read any negative comment about his superb, naked talent.
So the critics were personal, ad-hominem types.
It is a sad episode because I realize how alive racial discrimination is in America, even to this day.
And this is the supposed to be a land that proclaims the edict that "all men are created equal."
If this is not hypocrisy, I don't know what it is.
If you want to validate my statement, just Google Arnel Pineda and you'll see what I mean.
Journey band members have come to Arnel's rescue explaining to some of their fans that Journey has become global and has transcended issues on skin color.
Journey itself has not been spared from unjustified criticisms, accusing the band of engaging in "out-sourcing" cheap labor in Asia.
Arnel Pineda, in response to these racial slurs, just brushes them aside and hopes that the racists will "grow up".
But not all American Journey fans are rude.
I want to believe a greater majority of Journey fans in the U.S. welcome Arnel Pineda with Open Arms too: http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=5199721&blogID=335295812

Unifying figure
The significance of Arnel Pineda's unique experience is the unifying effect it evoked upon all Filipinos around the globe.
Filipinos from all corners of the world are requesting that Journey perform in their place.
Pineda's meteoric rise to music stardom has rallied Filipinos both home and abroad, in the same way Filipnos band together when Manny Pacquiao enters the ring.
Arnel Pineda assures that wherever he goes, he will always bring the Filipino pride with him.
Words spoken by true-blooded Filipino.
Thank you for that, Arnel.

Why not criminalize journalism?

The way the government is treating media in the Philppines makes me think there is a creeping effort to criminalze the practice of journalism.
The latest advisory coming from the Department of Justice illustrates that media should now heed advices and take orders from the government.
The consequence of disobeying government officials and personnel (including government utility workers?) is criminal liability.
I have a suggestion.
Why doesn't this government criminalize the practice of journalism altogether?
That would be a good idea, wouldn't it?
I think the revised penal code still has room for an article that would criminalize the practice of journalism.
Better yet, the justice department should draft an executive order or presidential proclamation to this effect.
If the practice of journalism is criminalized, the the government will not have to make advisories to media.
As a matter of fact, criminalizing journlaism would prevent pesky media-persons from prying into illegal activities of government officials.
If journalism is criminalized, then governmen officials can continue incurring unliquidated cash advances.
If journalism is criminalized, then government officials will be unhampered in brokering billions of dollars of transactions and loans, the payments of which are to be shouldered by Filipino taxpayers.
I think if the government has it way, the trend should be to criminalize journalism.
The justice secretary, Raul Gonzalez, perhaps one of the most brilliant justice secretaries this country even had, is going so slow in calibrating government actions towards the Philippine press.
Go ahead, Mr. Justice Secretary.
Why don't you criminalize journalism?
Naging mahiya-in ka pa.

Watta Journey for Arnel Pineda!

Most of us Filipinos now know that the new lead singer of the band Journey is our kababayan Arnel Pineda, pure home grown talent from the concert bars of Olonggapo.

Arnel Pineda has just embarked on an unforgettable journey from lead singer of the Filipino band The Zoo, to front man of Journey, a post vacated years ago by the legendary Steve Perry.

Here is that inspiring story on the journey of Arnel Pineda, taken from the official announcement of Journey:

Dec 05, 2007

JOURNEY WELCOMES ARNEL PINEDAWITH “OPEN ARMS” TO THEIR FAMILYAS THE BAND’S NEW LEAD SINGER

December 5, 2007 -- After much speculation…the wait is finally over.

JOURNEY--Neal Schon (guitar), Jonathan Cain (keyboards), Ross Valory (bass), Deen Castronovo (drums)--is proud to introduce fans all over the world to their new lead singer, Arnel Pineda (“pin-eh-da”). He replaces Jeff Scott Soto, who parted ways with the band earlier this year after stepping in for Steve Augeri, who had to leave the band in 2006 for medical reasons.

Arnel hails from Quezon City in the Philippines and has been singing Journey songs--in addition to original material--with his band, The Zoo, for the past couple of years in clubs all over his homeland. Joining the legendary band is a dream come true for him. “It’s so exciting to sing with one of the best bands in the world. It’ll be a lot of hard work on my part and I’m actually looking forward to the scrutiny I’ll get from the hardcore JOURNEY fans. I know they’ll expect me to sound exactly like ‘the voice’ (Steve Perry), but that will never happen. I know there's only one Steve Perry in this world.”

When it was time for JOURNEY to look for a new lead singer, the internet came to their rescue. Guitarist Neal Schon wanted someone new to the music business, so he turned to YouTube. After finding Arnel singing “Faithfully,” he knew he had found the perfect frontman.

“I was frustrated about not having a singer,” explains guitarist Neal Schon, “so I went on YouTube for a couple of days and just sat on it for hours. I was starting to think I was never going to find anybody. But then I found The Zoo and I watched a bunch of different video clips that they had posted. After watching the videos over and over again, I had to walk away from the computer and let what I heard sink in because it sounded too good to be true. I thought, ‘he can’t be that good.’ But he is that good, he’s the real deal and so tremendously talented. Arnel doesn’t sound synthetic and he’s not emulating anyone. I tried to get a hold of him through YouTube and I finally heard from him that night, but it took some convincing to get him to believe that it really was me and not an imposter.”

Arnel Pineda picks up the story: “My friend Noel picked up the message on YouTube and told me it was from Neal. I thought it was a hoax so I ignored it. Noel said, ‘what if it really was Neal and he wanted to offer you the chance of a lifetime?’ So I e-mailed Neal back and the rest is history.”

“Arnel brings a soulful and passionate voice to JOURNEY,” continues keyboardist Jonathan Cain. “His personality is very well-suited to our music. He’s a sincere, authentic person with a great smile and a big heart. I think fans are really going to love him. With Arnel’s soaring tenor, Journey returns to our heritage sound.”

Schon agrees, “We feel reborn. I think there’s a lot of chemistry between the five of us. At first we were going to go into the studio and just write 4 songs, but now it’s escalated to a lot of great new and diverse material. The stuff sounds tremendous. Everyone’s so stoked about it. We feel very fortunate to have found Arnel.”

JOURNEY is currently working on a new album with legendary producer Kevin Shirley, which they hope to release by spring/summer 2008. Details will be announced early next year.

- - - -

Arnel was discovered in this internet age through You Tube.

So see that unintended audition of Arnel Pienda as he belts out that hair-raising version of Journey's "Faithfully": http://www.youtube.com/watch?v=6HjcCzgCCX0&feature=related

Here is also Arnel's voice on Journey's "Open Arms": http://www.youtube.com/watch?v=lpnEnt-qOw4&feature=related

Arnel Pineda was also featured on CNN who dubbed it a "fairy tale" rock affair http://www.youtube.com/watch?v=5nnNji6s3ck

The Marin Independent Journal in the U.S. gave an extended article on Arnel Pienda: http://www.marinij.com//ci_7826224?IADID=Search-www.marinij.com-www.marinij.com

Belatedly, local Philippine media noticed Arnel's recognition in America, and only then was his new-found internnational fame covered http://www.youtube.com/watch?v=akHs40SL-rw

How to get to the sandbar

Someone sent an email to inquire hot to get to the sandbars.

“Hi, I am planning to visit Dumaguete soon and Manjuyod Sand Bar is one of the places I want to go to once I get to Dumaguete. I have several questions regarding going to Bais and Manjuyod, I hope you don't mind answering them. :)1) Are there trip schedules for Bais-Dumaguete? Di po ba kami mahihirapan makabalik ng Dumaguete if we leave Manjuyod at 3pm?2) How much is the rental fee for local boats that will charter us to Manjuyod? Di po ba mahirap kumuha ng boat from the minidocking area?Thanks.Gene”

Hi Gene.

To your first question, the answer is yes.
I might suggest that you arrange with the rent-a-van to pick you up at the sandbar at 3 p.m. That’s the most convenient, although you have to pay higher for this arrangement.
If not, buses ply from Bais to Dumaguete at 3 p.m., even later.
Whoever takes you to the dock, make arrangements with the driver to fetch you in going back. That would be safest I suppose.

I am not sure I got your second question right.
If you are seeking to charter a boat from Dumaguete to Manjuyod, that’s expensive. The travel time is two hours. Not practical. We did that once before.
The usual practice is to charter a small motor boat from Manjuyod or Bais to the sandbars. You take the land trip from Dumaguete to Bais or Manjyod.
The last time I inquired, the rates were P2,500 per trip. That motor boat emanates from Bais (not Dumaguete)
Perhaps the rates have increased a bit.
The telephone number of the Negros Oriental provincial tourism office is (035) 225-1825.

Better, the Bais Tourism Council telephone numbers are (035) 402-6629 or (035)541-5161. They can answer your querries also.

I’ll inquire, and get back to you soonest.

Comment on Coca Cola's 'fence' advertising

Let me give my two cents worth about Coca Cola's aggressive posturings in local advertising.
Whoever is the local advertising guy for Coca Cola in Dumaguete, should get the attention of Coca Cola higher ups, plus a pat on the back.
I commend this local advertising guy, whoever he may be.
He gets a grade of ten out of ten, for aggressiveness.
I like these kind of people.
I call this type of advertising "fencing", because the product advertises on fences.
But lets talk a little legal.
Is Coca-Cola committing anything unlawful with their massive "fence-advertising" in Dumaguet City?
First, the question we might ask is, whose fence is it?
Is it a private fence or a public fence?
If it is a private fence, who are we to interfere with the presumed agreement between Coca-Cola and the fence owner?
To me, an analogy would be the jurisprudence on freedom of expression on our electoral processes.
The Supreme Court said it is not illegal for candidates to post any size of their posters and visual political propaganda if these are posted in private property, like gates, houses, fences of private persons.
But the political poster size is strictly regulated in designated poster areas.
So I think it would be hard to find legal fault on Coca-Cola for their massive fence-advertising on private property.
There is one long-shot argument against Coca-Cola on their fence-advertisements on private property.
That is, if these huge advertisements become a distraction to motorists that it endangers their safety.
This kind of argument was raised against the giant billboards in Metro Manila.
But what if the fence is public property?
Can Coca Cola paint their logo, let's say, on the white provincial capitol building?
That would pose some problems, wouldn't it?
It would be like the state or the government, endorsing a product, wouldn't it?
What would rival Pepsi Cola say?
Can the government do that?
One of the pictures taken by Leo Mamicpic was the picture of Coca Cola advertisements painted on the fence of the Piapi Elecmentary schools, a public porperty.
Is this legal?
If Globe streamers litter all around the premises of Sidlakan Negros, a public property, is there a legal issue here?
It is legal for private property to be used for public purposes, as long as there is just compensation.
What about the reverse?
Can public property be used for private pruposes?
Ah.... with "just compensation"(?)
But in whose pockets will compensation go?

Coca Cola painting the town red

The second portion of Leo Mamicpic's email is his observation that Coca Cola is painting the town red.
Here is the second portionof Leo's email:

"Has anyone noticed what's been happening to our city recently? Notice the occurrence of red paint all over town? May I ask if our city officials are aware of this, especially our Tourism Council who should me mindful of how we project Dumaguete's Image? Is Coca-Cola this INSENSITIVE? Am attaching photographs. If you all think this is OK, then God Help Dumaguete City.

I'll make this plea to Gov. Dodo Macias: Since you're able to ban smoking, drinking, etc at Sidlakang Negros and since Dumaguete is the capital of the province you are strongly promoting with a better image, perhaps you can do something about banning Coca-Cola from painting our town red (no pun intended)."

Leo Mamicpic
Brgy Bantayan, Dumaguete City

Comments via email

I received a rather lengthy, yet substantive email from friend Leo Mamicpic which I would like to treat in my blog.

I will divide his email into two general comments which he titles: "Dumaguete's image".

First Leo comments about the Sidlakang Negros, a pet tourism project of Governor Dodo Macias.

The Sidlakang Negros, in case you haven't heard is a booth-type presentation of the rich resources and culture of Negros Oriental located along E.J. Blanco Drive Piapi Dumaguete City.

By the way, the other tourism project boosted by Gov Macias, the Lake Balanan in Siaton received a black eye in terms of "image" with the death of a tourist who drowned in the lake on New Year's day.

That Lake Balanan should emphaize safety first, before pleasure.

Anyway, Leo appreciates this Sidlakan project, as well as the no-smoking policy adopted with the Sidlakan premises.

The second topic is Leo's comment about a private corporation Coca-Cola (I really don't know Coca-Cola's corporate name--Coca Cola Bottlers Philipines Corp.?--, just the trade name) painting the town red.

Let me therefore chop Leo Mamicpic's email into two.

Here is the first portion of Leo Mamicpic's email:

"I applaud Gov. Dodo Macias for creating a permanent site that's aptly called SIDLAKANG NEGROS. I applaud him even more for banning smoking, drinking and immoral behavior in the site premises. I would like to suggest to Dodo that commercial banners/streamers be not allowed in the booth/display and promenade areas. I saw a big Globe kiosk near the entrance one morning and it was very distracting and did not fit into what Sidlakang Negros was all about. I would also suggest that he also ban karaoke singing. I happened to be revisiting the site one morning only to be met with this loud music with a singer who was very 'yabag' trying to belt out a tune. I asked nearby booths how they felt about it and they said, 'samok kaayo'; 'maglisud mi ug istorya kay halos di mi magkadunog, unya maka-ulaw kaayo labi na ug dunay mga bisita nga may pangutana o mangayo ug informacion.'; 'dili gyud na angay dinhi sa sidlakan.' I felt the same way so I went to the 'karaoke' booth and politely asked them to stop because it was too loud, yabag and inappropriate for the venue. Fortunately they complied. I'ts okay for each booth to feature their own music (perhaps some Pinoy songs and preferrably the visayan ones) but the volume must be enough to serve the booth and not filter out to other booths or in the pormenade. A suggestion to all booth managers: Please do not make the refrigator/cooler the centerpiece of your display. Try to make it inconspicuous like one booth did. Showcase your town products and not the refrigerator.

I can't wait to see the completion of Sidlakang Negros and enjoy walking the pathways and admiring the various art and craft from each participating Oriental Negros town.

SIDLAKANG NEGROS is a BIG BOOST to Dumaguete's Image.. BUT...."

Scary comic relief

Something scary happened last night which happily ended with everyone laughing.
We had dinner at Dampa Libis to celebrate the birthday of Tito Bingo.
It was also, in Tito Bingo's words, a time to formally end the Christmas celebration.
Tito Peter and son DJ are also in Manila, so it was a continuation of the annual reunion of sort, which began in Tagbilaran City.
Besides, Tito Bingo and children, and Tita Mamel were not able to come home to Tagbilaran during the holidays.
While we were having dinner, Tito Peter showed both his palm, which according to him suddenly turned blue just in the last hour.
It really was blue and immediately, in the minds of those in the dinner table, it looked liked blood in his hands that just stopped circulating.
When Tital Mamel and Tito Gerald arrived with their kids, she was immeidatley shown Tito Peter's palm-turned-blue.
It was apparent that the doctor looked worried, specially when told that it started just at the tip of Tito Peter's fingers and spread throughout both his palms over the last hour.
So the dinner didn't last long, we sped to Makati Medical Center which was more than ten kilometers away.
I was driving.
In the car were Ruby, my wife, sone Joshua Tito Peter, son DJ and Tita Mamel.
It became a tense twenty-minute ride to the hospital.
Everyone was quiet in the car. Words spoken were in whispers.
It was Sunday evening so the traffic was light.
Upon arrival, at the emergency section, Tito Peter and Tita Mamel immediately rushed to the emergency section of MMC.
I followed them both and I saw Tito Peter sitting on a wheelchair.
I went inside, and listened as the frontline emergency doctor and nurses made initial observations on both blue palms of Tito Peter.
Those moments must've been heart-pumping, as no one knew what was really Tito Peter's condition.
One of the nurses, apparently puzzled on the medical situation, got a piece of cotton, and slowly rubbed it on Tito Peter's right palm.
Then we saw the cotton turning blue.
The nurse got what looked like a small paper-thin cloth and rubbed it again on one of Tito Peter's blue-colored fingers.
"This looks like ink,"the nurse said.
The blue color on Tito Peters palm transfered onto the cotton and the cloth.
When it was confirmed that it was a non-medical situation, Tito Peter immediately sprung, got up from the wheel chair, and went straight to the comfort room and washed off the blue stains on his hands.
It was a comic relief for everyone, inclding the attending nurse and physician.
The phycisian told Tito Peter, "If you still want to proceed with the examination, you just might be wasting money."
We were all laughing going out ofthe emergency section.

Cancelled trip

We were supposed to take the fast craft from Tagbilaran City, Bohol back to Dumaguete City where we are scheduled to fly back to Manila over the weekend.
Unfortunately, the fastcraft cancelled its Cebu-Tagbilaran-Dumaguete-Dapitan trips, thus, leaving hundreds of passengers stranded and scrambling for alternative trips.
The Ocean Fastferries, owners of the ocean jet fastcraft disclosed their vessel was under repair.
This turned out to be a nightmare for holiday vacationists who were trying to get back to their home bases.
I was told a group of Japanese tourists were not able to take their Mactan-Tokyo flight because of the sudden cancellation by the Ocean Jet vessel.
We ourselves were left trying to figure out how to get back to Dumaguete since our flight back to Manila emanates from Dumaguete.
Besides I had scheduled meetings with clients in Dumaguete before leaving back for Manila.
We were already poised to take another fastcraft to Cebu and take the three-hour land trip to Dumagtuete City.
This is because to my mind, we need to be in Dumaguete at least on Friday, that's today, because our flight to Manila is Saturday .
However, just as we were about to take this route, as if on cue, the airline sent us a text message reminding us that our flight is on Sunday January 6 and not on January 5 Saturday.
I thought all the while that our flight to Manila was Saturday.
After realizing this, we thought we should take a gamble and hope that the Ocean fast craft to Dumaguete would resume Satuday.
It did.
So we shall be leaving Saturday morning back to Dumaguete, and fly to Manila on Sunday.
You can imagine what an unexpected cancellation of a single trip can possibly alter your schedule.
Just think of those having connecting international flights.
It must be a post-holiday nightmare for them.

Happy New Year!

Let's welcome the new year filled with hopes that the year 208 would be more peaceful for all of us.
I am spending much of the holidays in Dumaguete and Tagbilaran City, bohol, which my famil and I usually do each year.
It is different when one leaves home spends much of the year working in a far away place.
In our case, we long to spend the holidays at Christmastime with family members.
Being able to spend time with the family at the end of the year is a blessing that clinches all blessings that we have received during the year.
We have nothing but praise and thanks to the Lord for all the blessings that he has bestowed upon us this year.
We thank the Lord for being with us all through our times of trials, and defeat.
We continue to pray that the good Lord will continue to guide us as we fulfill the purpose for which God has brought us to existence in this world.