Paraphernal and conjugal assets

August 19, 2017 Leave a comment

RRoy’siPadParaphernal and conjugal assets
Ronald Roy– Aug. 25, 2017

In connection with my recent article about the embattled spouses Commission on Elections Chairman Andres Bautista and his estranged wife, Patricia Paz Bautista, I have received a few requests to elucidate on the concepts of “paraphernal” and conjugal assets.

Let it be known, however, that as I accede to do so, no allusion to the cited spouses will be intended, in deference not only to an ongoing criminal suit filed by Mr. Bautista against his wife, but also to other related suits that may thereafter arise, his possible impeachment included.

Assets up for grabs
Paraphernal and conjugal assets are issues that sometimes arise between legally married couples, as well as among their forced heirs, who wish to draw the line between assets exclusively owned by each spouse on the one hand, as well as those jointly owned by them on the other. An Illustration is called for at this point.

Let’s just say that Eva Chua, a 56-year-old businesswoman-socialite who lives alone, owns a fully furnished house in upscale Global City, a boutique, a taxi fleet, a yacht, a Mercedes 450 and an SUV, nine stock certificates, five bank deposit accounts, two poodles, a parrot, and a huge assortment of personal belongings.

Ben Cruz, on the other hand, is her popular 28-year-old boy friend, a tall and handsome former PBA basketball player who is now a City Councilor. He owns a Vios, a co-owner of a three-chair barbershop, and a few personal belongings. Eva and Ben then get married without executing a pre-nuptial contract (prenup, for short).

Pre-nuptial agreement
Now, the law says that: if a prenup was not forged between Ben and Eva, as in fact none was, all their afore-cited assets will comprise the so-called “absolute community”, where the said assets will now be owned in common by them on a 50-50 basis. But this raises Eva’s hackles, as she feels she has been duped by an unjust law.

Within months after their grand wedding, violent quarrels bring Eva to file a case in court for an annulment of their marriage. No, Billy (Marquez), Eva’s case will not prosper because the basis she cites for annulment is not recognized by the law. The law is far from being unjust. Eva’s trouble is that she failed to avail herself of a protective shield provided by the law.

Eva could have avoided her woes had she forged with Ben a prenup providing that their marriage would be governed by the so-called “conjugal partnership of gains” (CPG, for short). The purpose of the CPG regime is to prevent gold diggers from marrying into wealthy families — a practice that not only debases the sanctity of marriages, but also undermines the family as the basic unit of society.

Fruits of the CPG’s assets
You’re correct, Tom (Alonzo), all the “fruits” that accrue from the CPG’s assets during the marriage shall be shared by both spouses. In our illustration, for instance, all the earnings from Eva’s assets such as cash and stock dividends, other profits and gains, shall be deemed “conjugal” and, as such, shall be equally shared between Ben and herself.

Not only that…Ben’s salaries and other emoluments earned by him as City Councilor shall likewise be deemed conjugal for the same reason of equal sharing. Your other point is also correct, Tom. Unlawfully acquired assets cannot be shared by spouses. They are surrendered to their rightful owners.

In the case of Ben who is a government official, any asset unlawfully acquired by him by reason of his office, such as bribe money, shall be confiscated in favor of the State in an appropriate proceeding.

Policy of the State
Emily (Gomez), it is not the policy of the State to facilitate the dissolution of marriages in order…to use your words…”to free troubled spouses from marital bondage”, but to conserve such marriages as best as possible. A society can only be as strong as the families comprising it.

The primary concern of the State is the stability of its society. Spouses are enjoined to remain as such as long as possible, to rear children to be healthy in body, mind and spirit until, under circumstances prescribed by the law, they are legally separated or their marriage is annulled.

09186449517 @ronald8roy


August 14, 2017 Leave a comment

RRoy’siPadDo you remember when we were kids? We were very happy then. We ate and studied well. There were no sweaty classroom congestions…lots of patience, smiles and kindness were everywhere…and, most of all, Dad and Mom hardly quarreled.

Today is a horrible nightmare. Traffic congestions on the rise…addicts on the prowl…and nothing but hate, anger and fear rule our lives, as greed, distrust and crime — not to mention hostile climate changes and the specter of jihadism — lurk everywhere.

O God, supreme Creator of tomorrow, please make us young again!

An essay by Ronald Roy
August 14, 2017

A woman scorned?

August 12, 2017 Leave a comment

RRoy’siPadA woman scorned?
Ronald Roy — Aug. 17, 2017

“Hell hath no fury like a — pretty, if I may add —woman scorned”, probably William Shakespeare’s most famous quote, distinctly defines the essence of “womanhood”, and the reportedly low-key daughter of socialite Baby Cruz-Vasquez, Patricia Paz “Tish” Cruz-Bautista, is no exception.

The fury of pretty Tish brought her storming into President Duterte’s austere office complaining about her husband’s alleged philandering and, with documents, his alleged shortcomings as a niggardly family man who owns an alleged net worth of P 1 B, including P 329 M in multiple bank accounts, half of all of which she vehemently demands as her conjugal share under the law.

Breaking protocol
Nobody dares to break the ethic of not bothering presidents with personal matters, except that: in furious and pretty Trish’s case, her husband happens to be — well, what do you know — the former chairman of the scandal-prone Commission on Good Government who is currently the controversial chairman of the equally scandal-prone Commission on Elections: the Honorable Andres “Andy” Bautista, Ateneo graduate, BAR topnotcher and abogado de campanilla!

It is obvious that furious and pretty Trish had planned to use presidential power to bring about Andy’s impeachment, but she was curtly rebuffed by PDU30 who correctly told her that her gripes, marital, business and political, were well beyond his jurisdiction, notwithstanding her presentation of documents tending to evidence Andy’s alleged high crimes of graft and betrayal of the public trust.

When prosecution may be started
Parenthetically, the mentioned jurisdiction pertains to both chambers of the Congress, acting separately in impeachment proceedings, although this writer wishes to underscore that criminal charges may, on a finding of probable cause, be filed only after removal from office of the impeachment respondent…should such be the case.

Like all philanderers do — this writer isn’t calling Mr. Bautista a philanderer — Andy has denied furious and pretty Trish’s allegations, claiming that his wife is motivated by greed, and that, as for her allegation of marital infidelity, “it was she who started it” — to which she once retorted in an interview, “Excuse me! I can easily clear myself of marital wrongdoings, but I don’t know if he can in his own case!”

Harmful third-eye psychic?
As always, sentimentalists would want Andy and Trish to be reconciled, but after four years of separation, the two appear definitely headed for a permanent separation, if not an annulment of their marriage. Their irreconcilability, according to Andy, partly stems from Trish’s being an alleged third-eye psychic, which accounts for a disturbing behavior that alienates her from some close friends and relatives…her mother included.

An example, according to Andy, was when she told him “not to worry about the separation’s effects on the children, because the universe would take care of them.”

Incidentally, Billy (Marquez), Andy’s criminal action against Trish will clarify that a marital vinculum (bond) gives the spouses free access to each other’s conjugal assets and, with respect to his paraphernal assets, if theft or robbery of the same was committed by his wife.

Unlawfully acquired assets?
Be that as it may, like the headline-hugging stories of the detained Sen. Leila de Lima, this sordid illicit-sex-cum-greed-and-graft scandal between the Bautista spouses stuns Filipinos wide-eyed, who are perhaps very aghast at how corrupt some high-bracket spouses have now become in both their public and private lives.

In the Bautista spouses’ marital breakup, everybody gets hurt, namely, the spouses, the only four sons they have, aged 8, 12, 13 and 16, one of whom has stopped schooling, and the sovereign people IF: it can be established later that some of Andy’s assets in multiple bank accounts and realties were unlawfully acquired by reason of his authority as chairman of the PGCC and later of the Comelec.

Offense against people
Of course, also hurt may be those candidates who might be shown to have smartmagically lost in the elections held during Andy’s Comelec term of office. Needless to state, the biggest hurt would be sustained by the citizenry whose electoral will may be proven to have been thwarted! Indeed, Andy has warned that his wife’s lies are undermining the electoral process — a very grave offense, if I may stress, against the Filipino people.

Well, maybe so, Andy, but an impeachment trial might yet shed light on some lingering mysteries, like Leni Robredo’s unexpected win over Bong Bong Marcos, front-running presidential candidate Grace Poe’s shocking finish at third place, and presidential bet Mar Roxas’ incredible last-ditch jump from kulelat to second place.

09186449517 @ronald8roy

Motherhood and morality

August 6, 2017 Leave a comment

RRoy’siPadMotherhood and morality
Ronald Roy — Aug.10, 2017

Out of fourteen quotable quotes regardng the concept of “morality” that I checked out in a book by Lewis C. Henry, none was without reference to “mother” or “motherhood”. I do think that a certain bias of Henry must have led him to suggest that mothers are generally more moral than fathers.

Buttressing the point, I found myself musing about my country, my very own pristine motherland…of beautiful smiles and manners, of colorful ethnic costumes, flaming sunsets, blue oceans and white beaches and, not least of all, enduring courage, resilience and hope. Ahhh…such invigorating notions of the motherland can be as nutritious servings of milk from mothers’ breasts!!

Mothers are more moral?
To be fair to Henry, however, I wish to join him with my own belief that: truly, women are more moral between the two genders…that is, as far as sexual aberrations, at least, are concerned.

And this is so because: in this, a man’s world, his unethical conquest of a woman would usually mean her good name’s loss…and more so, if she were married and a mother. What mother, indeed, would wish to be called by her own children (and husband)…a bitch??? But this milieu would be much too small for our discussion.

In the world of government, the rule is the same! Take it from this writer, a retired 38-years-of-service bureaucrat! In the four institutions where he worked (both houses of congress, Land Bank of the Philippines, and the Office of the Solicitor General), most of the respondents in administrative cases were males, outnumbering females at a ratio of 3 to 2, and around 45% of these suits were related to dishonesty, not to sexual misconduct.

Private survey favors CJ Sereno
It is very confounding that Chief Justice Maria Lourdes Sereno may yet be impeached as of this writing. To her good fortune, neither of the two impeachment complaints has been endorsed by a member of the lower house.

But then, because those stats were over three decades ago, I did my own personal survey and learned that 12 out of 20 respondents did not wish the Chief Justice impeached — for an assortment of reasons. Is it any wonder that the ratio of 3 to 2 is holding true? Hmmm… In any event, hereunder is a variety of comments garnered from the survey that disapproves of her impeachment.

What??? Why pounce on the lady??? Why not on those retired PMA generals and their cohorts (the so-called PMA mafia) who have been making hay over these past decades? What about those crooks at the Customs???
The Supreme Court is the citadel of law and order, and its Chief Justice, especially if a woman, is a bastion of morality. Good heavens, Sereno is clean!! Oh my God, nobody is above the law! Not even pregnant mothers!
Those impeachment charges are so petty! So what if she has more perks than her colleagues? She outranks them all!
Oh, no, not again!! The late Chief Justice Renato C. Corona was removed from office for violation of the Statement of Assets and Liabilities and Net Worth Law! And yet, many of those who convicted him did not even comply with the SAL-N Law! Are we seeing a repeat here???
Ousting the Chief Justice is bad for our wobbly democracy. It is so destabilizing! Why not remove PNP Director General Bato dela Rosa instead???
This is “black politics”! They should find out who intends to gain from her removal from office!
An official’s privileges are commensurate to his or her level of responsibility and authority, and Madam Sereno is the Court’s highest-ranked Justice! Chairman Mao Zedong had his thieving wife executed! Why don’t we do that here?
Methinks CJ Sereno’s impeachment will only serve to distract attention from numerous scandalous wrongdoings, like the alleged smartmagic of Joel Villanueva’s having been dislodged from first place in the final standings of the last senatorial elections!
And what about the grossly overpriced construction of the Iloilo Convention Center that gave out countless million bucks in kickbacks, not to mention the graft-infested erection of a bridge??

The song, not the singer
Although most of the foregoing comments are not in any way related to Madam Sereno’s being a woman, the survey tends to showcase the office of the Chief Justice rather than the person of its occupant, regardless of gender. That is as things should be!

On a personal note, this writer expresses the hope that, in the event of Madam Sereno’s impeachment, all our legislators set aside personal sentiments in favor of the national good.

09186449517 @ronald8royMotherhood and mor

Win some, lose some

August 2, 2017 Leave a comment

RRoy’siPadWin some, lose some
Ronald Roy — Aug. 4, 2017

No one is really totally invincible in life. Even the wealthiest and most powerful men and women have to lose some battles. Pres. Rodrigo Roa Duterte ought to realize that his current legal controversy with Ombudsman Conchita Carpio-Morales has pushed him out on a limb.

Very untenable is his point that Morales, without his permission, cannot subpoena policemen to any inquiry. The Office of the Ombudsman is a constitutional office, and its occupant, incidentally, is removable from office only through an impeachment proceeding.

In fact, the basic charter empowers her to summon anybody motu propio (thru her own initiative, or as she sees fit) to an investigation relative to any graft suit she may wish to file, or may have filed, against any government official.

Ombudsman’s vulnerability
No power, indeed, rises above the Ombudsman except 1) the Supreme Court, 2) both chambers of congress, acting through an impeachment process, and of course 3) the sovereign people, by ratifying any constitutional change affecting the Ombudsman’s office, including its abolition.

The protagonist’s verbal tussle arises from the President’s overprotective attitude toward law enforcers, in respect of his thrust against crime, illegal drugs in particular, where he however continues to gain popular support despite nonstop charges of extrajudicial killings. But NO, he cannot in any direct way meddle in the Ombudsman’s job. Might his “sense of invincibility” have gotten over his head?

What Digong can do indirectly is to utilize the persuasive powers of his office in order to bring about Morales’ impeachment by the lower house, after which he can influence her removal from office by the upper house (acting as an impeachment court) easily for Breach of Public Trust. His adamance can only fan a constitutional crisis to his detriment and embarrassment.

Joma’s vincibility
There is no question though that he has won his verbal clash with Maoist Jose Maria Sison. What a shame! The founder and head of the Communist Party of the Philippines was baptized “Jose Maria” — the names of Joseph and Mary, the earthly parents of Jesus Christ!

And the second shame is: not only is he a Communist who disdains Christians and espouses violence, he also looks like a bucktoothed mantataho from Beijing!

That he’ll return on his terms is an arrogant boast; and should he return, he’ll be arrested and clamped in jail, then charged with violation of the terms of his amnesty. But he’ll have the consolation of regular visits from leftists headed by Risa Hontiveros.

Joma and I were members of the UP Dramatic Club through the mid-fifties during our college years. He was a quiet guy; and one would often see him doing carpentry work to set up backdrops for stage plays.

Coke’s too American
One afternoon, as he was hammering down nails in succession backstage, I offered him an ice-cold bottle of coke, and he replied, “No, thanks, Ronnie, too American for me” — a remark that I then found curious. He then proceeded to mumble a lengthy discourse that included the socialistic phrase: “the dignity of labor”, and ended with “don’t you think so, Ronnie?” I just said “yes”, not knowing that the hammer in his hand would become a firearm in just a few years.

Unlike the greatest-ever Socialist that Jesus of Nazareth was, who proselytized with sermons, miracles and love, Communists resort to religious intolerance, intimidation, murder and other acts of violence.

Sadly, though, Digong’s order “to wipe out commie rebels” will not bring immediate closure to their struggle for social justice; licking poverty is a distant goal but, hopefully, Dutertenomic plans and programs for the poor can accelerate the advent of their dream. Federalism? In previous articles, I explained my opposition to it; but who knows, it might yet be the key to poverty eradication.

Peace leaf and gun
It’s a somewhat similar story at the Mindanao front, where Digong holds the Bangsamoro Basic Law’s peace leaf with one hand, and a gun with the other — uncertain if his “victory” at Marawi was enough to end the extremist Islamics’ plan to establish a caliphate in Mindanao, and altogether secede from our country.

Only recently, over a dozen teenaged warriors from Nur Missuari’s MNLF were arrested before they could be dispatched to Marawi City to fortify the IS-inspired Maute group’s ranks of snipers. It will be recalled that, like the oft’-amnestied Joma Sison, the likewise oft’-amnestied Missuari had pledged support to the newly elected PDu30.

No, it’s nothing new that deceit, not to mention head-chopping, is a trait of these secessionist rebels! What sort of a Mindanao victory can then be achieved by Rody, given that he has to deal with hostile characteristics deeply embedded in Moro culture? If transient, we may wait forever!

09186449517 @ronald8roy

Quo vadis, Rody?

July 26, 2017 Leave a comment


Begin forwarded message:

From: Ronald Roy <ronald8roy>
Date: July 26, 2017 2:06:34 PM GMT+08:00
To: Ninez Olivares <ninezolivares>
Subject: Quo vadis, Rody?

RRoy’siPadiQuo Vadis, Rody?
Ronald Roy — July 26, 2017

Quo vadis, Rody? (Where are you going, Rody?) Obviously, we know that Pres. Rodrigo Roa Duterte has chosen to peregrinate a road which will take us to a drug-free society of public safety, employment galore, affordability of goods and services, and all the other blessings his office is ordained to promote for the sovereign Filipino people. His second State of the Nation Address (SONA) underscores that — as if he had a choice — but we know that the more important question is how he intends to lead us to our destination.

One way is what he passionately wants: the Supreme Court’s approval of an extension of Proclamation 216 (the declaration of martial law over Mindanao) up to December 31 of this year, giving assent to both houses’ recognition of the said extension’s imperative, at a congressional vote of 261 to 18, and an 18 to 4 senatorial count.

Foreign-aided rebellion
This writer underscores the word “imperative”, as it denotes the critical state of the public order conundrum that has worsened over the past five decades, due to one: the Moros’ secessionist rebellion, which is now foreign-funded and arms-supplied, no thanks to the kill-for-Allah’s-sake Islamic State of Iraq and Syria, and two: the commie leaders’ penchant for dishonoring ceasefire agreements while engaging peace talks with a government panel abroad.

The Communist Party of the Philippines’s military arm, the Nationalist People’s Army (NPA), deceptively wearing military uniform, continues to pillage, ambush and kill police and military law enforcers. Appropriately, PDu30 has cancelled further peace talks with the commies.

Additionally, Moros of all tribes and splinter groups, who are friends and relatives of one another, will — if push comes to shove — likewise break truces, regroup, and wage war with government forces…and even against one another…cuz Moros are generally distrustful of one another, especially among their leaders.

Formidable warriors
It is the Moros’ hostile nature — we are often told — that makes them formidable warriors and tricky peace negotiators. The Bangsamoro Basic Law (BBL)?? Shouldn’t we be wary of its onerous conditions??

Take a cue from these: One, a firearm is the male Moro’s first and last treasured possession, and he deems it more precious than his wife; two, seven-year-old Moro boys are conscripted, taught how to use firearms, and to hate those who don’t believe in Allah; and three, they are taught to kill the non-believers for the manic love of Allah.

How then, pray tell, can such deep-seated cultural traits be quelled overnight by the BBL or, for that matter, by war? People are what their culture moulds them to be, and the Moros are no exception.

ML’s indefinite extension?
Which all brings us to this, dear readers: if there is no fervor wilder than Jihadist fervor, and no warlike trait deadlier than that of the Moros, how then can PDu30 even dream of achieving peace before he steps down five years from now? Shouldn’t ML’s extension be for an indefinite period of time instead?

Indeed, the challenges facing us are daunting, but we are fortunate to have you, Digong, as our president who is pro-poor, sincere, courageous, independent-minded, results-oriented, decisive and, above all, certain that he will not succeed without our support.

A very high percentage of 82 out of a 100 of us believe in you, Mr. President, and hopefully we will support you with our own share of hard work and loyalty to the law and to our civic duties. It bears noting, Sir, that your leadership includes your best effort to inspire us to be Industrious achievers, and if an approval rating of “82 of a hundred” is any indication, Sir, you appear to be on the right track!!

Comfortable life for all
In your recent SONA, it is well that you ventilated your economic views with particularity and, to the delight of your constituents, you reiterated your dogged commitment to fight illegal drugs and government corruption in particular, and criminality in general. You also reiterated your call for the return of the death penalty, and a slowing down on the issuances of TROs. Great! This should speed up the delivery of justice!

You aired other matters relevant to the theme of your SONA, which was: “A comfortable life for Filipinos” — indeed, an appropriate national vision! Good luck and godspeed to us all, Mr. President!

09186449517 ronald8roy @ronald8roy

Asperger’s fetish for gunfire mayhem

July 20, 2017 Leave a comment

RRoy’siPadAsperger’s fetish for gunfire mayhem
Ronald Roy — July 20, 2017

It is not at all the least surprising that Ombudsman Conchita Carpio-Morales, a Yellow of the first order, is seeking the indictment before the Sandiganbayan of former Pres. Benigno S. Aquino lll, her former appointment benefactor. By doing so, she hopes to curry favor with anti-Aquino bashers and justify her standing as a Ramon Magsaysay laureate.

The trouble is: nobody believes her but the dwindling handful of Yellows. For crying out loud, Madam Morales, we are not stupid! Forty-four, not one, SAF policemen were slain by Moro gunmen; why are you charging P-Noy with only homicide through reckless imprudence and not multiple homicide through reckless imprudence??? Elementary math, Madam, elementary math!

Powder puffs
Along with most everybody else…except, again, the Yellows… this writer remains aghast over your use of kid gloves…nay, powder puffs…in conjuring up charges that are so weak that P-Noy would be acquitted or, if convicted, would be meted out a penalty that would give him a right to avail himself of the benefits under the law on probation…which means that he won’t be jailed provided he complies with certain simple conditions.

Referred to here is the light offense of Usurpation of Authority, which P-Noy is charged with having committed when he ordered the suspended PNP Director General Alan Purissima to take charge of police operations in Mamasapano, where 44 Special Action Force policemen were massacred by Moro terrorists.

Parenthetically, it will be recalled that the characteristically insensitive Aquino attended the ribbon-cutting ceremony of a new Mitsubishi plant’s opening day, rather than meet at Villamor Air Base the arrival of the caskets bearing our fallen heroes. It hurts, it just hurts to this day, to think that we had such a heartless president!

If the price is right
Legalists observe how Morales’s Complaint, with respect to the Mamasapano case, easily offers opportunities for the defense lawyers to puncture holes in the prosecutors’ mantle of evidence. Let us note that, the more crammed a criminal case is with factual details and issues — such is the nature of the Mamasapano episode — the easier it will be for his defense.

And, If this writer may aver, the easier it will be for all the counsel to come to terms to the defendant’s delight!Fixing a case in this country is not uncommon. It can be done even without the knowledge and participation of the trial magistrate. All that is needed is for the prosecution to so bungle its job that the accused is either exonerated or meted out a lower penalty…if the price is right, of course!

Expectedly, the yellow Madam Morales chose not to scalp P-Noy with charges related to the scandalous pork barrel scams.Those scams, which illicitly enriched numerous public officials at our expense, would have made P-Noy very vulnerable to a life term; but he was spared by Ma’am Morales who sued only then Budget Secretary Abad.

Intentional amnesia
Obviously, the Ombudsman chose to forget that, under the alter ego (other self) doctrine, the official acts of members of the cabinet are also those of the president. Madam, such cheek, such brazenness!

There’s another case which Madam Morales also chose to forget: the Luneta carnage incident involving a certain Capt. Rolando Mendoza who had been dismissed from the service by the Ombudsman during the Gloria Macapagal Administration. After repeated denials of his request for a review of his case, the fully armed Mendoza went berserk when he held hostage a busload of Chinese tourists bound for Hongkong.

He publicly aired a promise via his phone to end his rampage if he would be assured of a review of his case. P-Noy, who was eating cuapao and lomi in a Chinese restaurant just around a hundred yards away from the bus, knew that a review of Mendoza’s case was all he wanted.

P-Noy also knew that it was his constitutional duty to prevent a carnage. He could have easily phoned up Mendoza to assure him that, as President of the Republic of the Philippines, he would do all in his power to effect a second look at his dismissal from the service; but he preferred to enjoy the drama con merienda, until gunfire snuffed out the lives of over a dozen innocent people, many of whom were women and children.

Multiple murder
Madam Morales, the Luneta carnage is an open-and-shut case against the former president who, true to his insensitive nature, later refused to apologize to the families of the victims amid public calls for him to do so!

Could it be that his Asperger’s fascination with firearms and computer war games might have some bearing on his fetish for gunfire mayhem? As we ponder this, let’s recall the Zamboanga siege, Mamasapano and, of course, the Luneta carnage.

Anyway, in this writer’s book, Aquino committed multiple murder at the Luneta.

09186449517 @ronald8roy