Bullying has existed for a long time. It has happened in the school grounds during recess time. Most of the time it has consisted of unkind remark, physical and verbal aggression, individually or in groups. It has happened n the school cafeteria or in the library or even I the hallways.

Sometimes bullying is in the forms of threats or mockeries. These incidents have often been reported to the principal’s office and the culprits have been punished by warnings, suspension and ultimately refusal of school authorities to accept the bully in school.

In recent years, bullying has become worse. It has extended to cyberspace with the victims feeling very helpless. The mockery has been more widespread through available internet sources. Government as well as non-government agencies have become deeply concerned. Organizations outside the schools have taken steps to curb this bullying. Televised group discussions that include counselling professional and other experts have been held. Talk shows have tackled the issue as well. Large student groups held rallies in stadiums to express their very serious concerns and suggestions have been made on how to curb this disagreeable practice.

In all of these concerns and actions, the focus of attention has been the protection of the victims. The promotion of equality in the sexes and more kindness and hospitality for new students have been given extra promotion. Very little attention has been given to a study of the perpetrators of bullying.

Who are the bullies? Why do they engage in this despicable act? What are the psychological motivations that push these people to bully?

Bullying takes place not only with young people but also with adults. Most of the time the bullied adults do not reveal that they are being victimized because of shame. It looks like a sign of weakness to complain. Sometimes cases are brought to court in the form of slander, libel or blackmailing.

It is imperative that some kind of study be made regarding the motivations that produce bullies. Most of child bullies are very angry young people who are using bullying as an outlet for their frustrations. They may have very controlling parents that do not allow their children to express their feelings with satisfaction. They may have been subject to verbal and physical as well as emotional abuse.

Some of the bullies may come from homes with domestic abuse. They hear unkind words from their parents and witness physical assaults. If these forms of domestic violence happen often, the children regard them as normal and imitate them with other people.

Some studies have revealed that make children from homes with domestic abuse tend to be aggressive and violent, while female children tend to be meek, daydreamers and accepting when abused. Like father, like son; like mother, like daughter.

Bullying is a form of power that produces satisfaction for the perpetrator, when successful. It can be used as a form of pressures to force the victim to give in to the wishes of the bully, or give something that the victim treasures to the culprit.

It is sad that there are members of the community that consider being gay or lesbian as a weakness that they can capitalize on, to put certain people down. Even in some families wherein a member happens to be gay or lesbian, rejection occurs, sometimes due to some religious beliefs.

Parents of children or youth who are bullies should be aware if the causes of this misbehaviour are in the home. Domestic violence and other forms of abuse can have tremendous effect on the development of children and youth. Many cases of juvenile delinquency like petty thefts, drugs and alcohol addition, gangland warfare and destruction of property are often the effects of domestic abuse.

Among females the tendency to become bossy can be an outcome of domestic abuse. There are young females who lost their enjoyment of childhood because they acted as mothers in their own families when the real mothers were incapacitated by domestic abuse. They were forced to take care of the younger members of the family, make adult decisions, and control misbehaviour of siblings and other adult chores.

Bullies in a young age can develop into adult bullies. The “Neighbours, Friends and Family Project in Preventing Domestic Abuse, a government activity hosted by Barbra Schlifer Commemorative Clinic is holding information sessions and a group discussions in the community to raise awareness on issues about abuse against women. Bullying is one of the issues that can be included in this project. Let us look at the bully as an individual with a problem; not the problem himself. Let us look beyond bullying to find the root cause of the problem.

If you have a child who appears to be a bully, do not hesitate to help him overcome this negative behaviour. Seek assistance from social service agencies for counselling and other possible means of making your child refrain from bullying. Suspensions and other punitive steps may not be the answer to the problem. Cooperative effort in the community may be more effective.

Senate President Juan Ponce Enrile, in his remarks at the start of the trial, cautioned his fellow senators sitting as judges that as jurors, they have the “obligation and responsibility to closely and diligently examine the evidence and the facts to be presented before [them], to determine whether such evidence and facts sufficiently and convincingly support the charges, and ultimately, to decide the fate of no less than the Chief Justice of the Highest Court of the land, and the head of a co-equal branch of our government.”

Enrile reminded the senators that although an impeachment trial is political in nature,
it should not be taken as an excuse “to ignore and abandon our solemn and higher obligation and responsibility as a body of jurors to see to it that the Bill of Rights are observed and that justice is served, and to conduct the trial with impartiality and fairness, to hear the case with a clear and open mind, to weigh carefully in the scale the evidence against the respondent, and to render to him a just verdict based on no other consideration than our Constitution and laws, the facts presented to us, and our individual moral conviction.”

Enrile stressed the importance of the impeachment trial to the nation: “Although the ostensible respondent in the trial before us is the Chief Justice of the Supreme Court, we cannot escape the reality that, in a larger sense, the conduct of this trial and its outcome will necessarily have a serious impact on the entire nation. Its success or failure to achieve the purpose for which the Constitution has provided this mechanism as part of our system of checks and balances and of public accountability, may spell the success or failure of our democratic institutions, the strengthening or weakening of our sense of justice as a people, our stability or disintegration as a nation, and the triumph or demise of the rule of law in our land.”

Enrile couldn’t have said it better. For indeed, not only Corona is under trial here; the entire nation is under litigation – whether its institutions can stand the test of fairness, justice, and the Rule of Law, and whether the people themselves can distinguish between democracy and demagoguery.

The Senate will be watched. Can it rise beyond partisan politics and make its judgment based on evidence and the rule of law? Or will it stoop down to the level of its counterpart in the lower chamber where most of the 188 congressmen who endorsed the impeachment of Corona signed the endorsement without even reading, much less understanding the complaints? Can it make an impartial judgment, and not destroy a co-equal branch on the mere say-so of the President, as its “lower” counterpart admittedly did?

The House of Representatives has been tested and has been found wanting. These so-called representatives of the people have, for obvious reasons, decided they needed to follow the wishes of Malacanang and do what they deemed to be popular with the people, never mind if by so doing they destroy the people’s perception of justice, democracy and the Rule of Law.

The Presidency has been tested and found wanting. Obsessed with ousting Corona, President Aquino used all the resources available to him as Chief Executive to pressure the House to endorse the impeachment complaint. And now, he has been reported to be prodding and meeting with individual senators to influence their judgment.

President Aquino, who rode on the popularity of his deceased parents who were both icons of democracy, would rather pursue his personal vendetta against the head of a co-equal branch that he deemed was blocking his efforts to reform the government, brushing aside concerns that by so doing, he is weakening an important pillar of government and the people’s faith in the judiciary. He wages his battle on the presumption that it is the popular will, brushing aside concerns that what is popular may not necessarily be right.

Many members of Congress and media agree with him and are saying it is only right that Corona be impeached because it is the sentiment of the people, as expressed in recent surveys. But that is precisely what is wrong with their view of the impeachment trial. They are stretching the meaning of democracy to the extreme – that what the people want must supersede the Rule of Law, justice and fairness. This, they say, is democracy in action – returning power to the people.

Obviously, they favor mob rule over the Rule of Law. I don’t think that is the essence of democracy; rather, that would lead us to anarchy. Democracy cannot survive without the rule of law. Without strict adherence to the Rule of Law, the tyranny of the majority will subvert democracy.

Fr. Ranhillo Aquino, in his Manila Standard column, reminded senators that any judgment that they would render on the impeachment case should be based solely on evidence and the law. He said: “I am therefore disturbed by suggestions that in deciding, the senators must be sensitive to popular sentiment. Stripped of the verbiage, the suggestion seems to be that senators should judge as popular sentiment would have them judge. If that is so, my question remains: Why go through the motions of a trial at all? Public sentiment is obviously against the Chief Justice. If the nation then is not to be treated to a long-running, expensive production of high drama with an already prepared script, then what must commence on January 16—or when the Senate so ordains —must be an honest-to-goodness trial.”

Fr. Aquino, a lawyer-priest, warns that it is the strict adherence to the Rule of Law that prevents abuses by the state or by any citizen. He said: “Under the Rule of Law, a State is answerable to the law, as is any citizen. The State has to be controlled through institutional techniques especially designed to render possible the exercise of power and render its abuse impossible. When agents of the State believe themselves empowered to act in any which way against any citizen, ex-President or ex-peace-loving, law-abiding Filipino, that is exactly when the problem of control becomes urgent.”

With all these in mind, it is my ardent hope that amid the din of the impeachment trial, the Rule of Law will not be lost, and justice and democracy, in their true essence and splendor, shall prevail.

I am a natural-born Filipino who came to Canada in 1970, now a Canadian Citizen, have dual citizenships (Filipino/Canadian), married to natural-born Canadian citizen, have two adult children, born in Canada.

A while back, I inherited my parent’s house and lot in Cebu City, Philippines, size of lot is 191.5 sq meters, house is of no value, is uninsurable, title of land is registered in my name. I am the only child.

Questions:
1) Can I transfer the title of the property to my children NOW?
Can they own properties there since they are foreigners? Are there certain
restrictions? What are the tax implications if any, like capital gains and how
much? How do I go about doing this?

2) Another option – should I wait until my death in which case, they will inherit
the property (willed to them only and not to spouse) and only inheritance and
and estate tax is payable? How much is the inheritance tax? At my death, will
my children have to go to the Philippines and have the transfer of title done?
Will there be probate, probate fees and how much? Thank you. BL

Hi BL, hereunder are the answers to your queries :

Ans:

1) Can I transfer the title of the property to my children NOW?

Can they own properties there since they are foreigners? Are there certain restrictions? What are the tax implications if any, like capital gains and how much? How do I go about doing this?

Ans: It depends. If at the time of the birth of your children in Canada, you were still Filipino citizen, then your children is deemed a Filipino citizen otherwise they are not. Thus, your children are Filipino citizen they are allowed to own real estate properties in the Philippines.

If your children are not as Filipino citizen at the time of birth under Philippine law ,then as foreigners , they can only owned real estate by means of hereditary succession, meaning the real estate property is transferred to them only by reason of the death of the parents and without leaving a WILL. Transfer of real property to a foreigner by WILL OR TESTAMENTARY succession is not allowed.

On the other hand, if your children are Filipino citizens at the time of their birth, there is no restriction as to the area of real estate that they can own.

The restriction of ownership of real property is applicable only to a former natural born Filipino citizen who has acquired foreign citizenship. In your case, since you have a dual citizenship (Filipino) the said limitation/restriction on landownership in terms of area does not apply to you anymore.

As regards to former natural-born Filipino citizens who have acquired other Citizenship, the privilege of owning real estate properties in the Philippines is subject to the certain restrictions pursuant to Batas Pambansa Blg. 185(for residential purposes only) and other laws such as under RA 7042 as amended by RA 8179, to wit:

A maximum of 5,000 sq. meters for urban land and maximum of three (3) hectares for rural land. Either of the spouses may avail of the privilege in case both spouses wish to acquire lands for this purpose, the total area acquired should not exceed the maximum allowed .

In case he/she already owns urban or rural lands for residential purposes, he/she may acquire additional urban or rural lands, which when added to those he/she presently owns, shall not exceed the authorized maximum area .

A person may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines provided that the total area of these lots do not exceed 5,000 sq. meters for urban land or three (3) hectares for rural land for business purposes.

An individual who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.

Under Section 4 of Rule XII of the Implementing Rules and Regulations of RA 7042 as amended by RA 8179, a transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. However, if the transferee has disposed of his/her urban land, he/she may still acquire rural land vice versa, provided that this will be used for business. A transferee of residential land acquired under Batas Pambansa Blg. 185(for residential purposes only) may still avail of the privilege granted under this law.

If you sell or transfer your real estate property you have to pay capital gains tax of 6% of the Selling Price/Market Price/or Zonal Valuation of the property whichever is higher.

The payment shall be made to the Bureau of Internal Revenue(BIR), in addition to Documentary Stamp Tax of 1.5% of the gross selling price. The buyer or transferee of the real property will also pay the corresponding registration and transfer fees to office of the Register of Deeds which is in the range of 1 to 1.5% depending of the location of the property and its gross selling price.

2) Another option – should I wait until my death in which case, they will inherit the property (willed to them only and not to spouse) and only inheritance and estate tax is payable? How much is the inheritance tax? At my death, will my children have to go to the Philippines and have the transfer of title done? Will there be probate, probate fees and how much?

Ans : If your estate/real property is transferred by reason of death, your estate will be liable to pay the so called Estate tax( or used to be called Inheritance tax) . It is payable to the Bureau of Internal Revenue(BIR) .

The Estate tax is based on the net estate after deducting the allowable deductions from the gross estate. The amount would depend on the value of the net estate based on the table set forth by the tax code. It is suggested you confer with tax practitioner(s) in the Philippines.

In case of death, where there is no WILL there will be no probate. Probate will only ensued of you have a will. But as mentioned earlier, testamentary succession of transferring real property to an alien in the Philippines is not allowed. Only intestate succession(transfer of property without a will ) is allowed to foreigners by way of inheritance.

Looking forward you’ll the above in order and thank you for writing .

Two concerts within a span of three weeks proved it can be done . . . without so much as interference with the programming as injecting network talents in what should rightfully be a local affair.

In the last two years at least, the dominant features of community events, notably those related to Philippine independence in Toronto, were the imports by the big Manila-based networks.

Home-grown talents take a back seat, relegated secondary roles, while the imports and their local agents mouth the network line about the performers in their respective stables who are expected to win over subscribers to their stations.

The result is that network sponsorship subsumes the essence of community celebrations in favor of shows that are actually extensions of their television programs, only disguised as contributions to the event.

Sponsorship must mean huge piles of money for community organizations and to individuals many people thought are doing community service.

We may rightfully ask: how much, for example, did PIDC (Philippine Independence Day Council) make from its Mabuhay Festival in July? Or for that matter, the Pinoy Fiesta and Trade Show by the Philippine Canadian Charitable Foundation?

Sponsorship is a marketing strategy that builds up and strengthens the brand, in Toronto’s case, ABS-CBN’s Kapamilya and GMA’s Kapuso, through a conduit that directly goes to the community.

The situation looks at the community as a consumer, an end-user, to be courted and pampered, and not as partner with which to share joys and triumphs of having to commemorate a milestone in their life in the Philippines and abroad. Thus the numerous freebies, coupons, discount offers, etcetera.

Rather than promote the community, it is the network’s brand, Kapamilya or Kapuso, that’s being repeatedly hammered into our consciousness. Which of the two could better relate to us, to our families and those close to our hearts?

In the meantime, festivities link with Philippine independence are barely recognizable except for the perfunctory flag-raising ceremony and casual speeches by government and community leaders.

I covered the Independence Day rites in Toronto in 2010 and last year in search of meaning, to see how independence-minded Filipinos are doing despite being already Canadians.

My first was in 2010 at Metro Toronto Convention Center. Honestly, I was almost lulled by the glitter.

When I learned – and saw – that the sexpot Katrina Halili and the breast-baring Wendell Ramos were the headliners, I felt so sad at the slide into disrepute. Why would the community allow itself to be treated that way, like a dumpster?

Perhaps, it is a wish that may not happen – that the networks should be consigned to the background and stripped of any role in the programming.

But it is very encouraging to witness the last concerts in town, one by Bong Castillo, and the very recent Sidlak fundraiser concert conceptualized and directed by journalist Ricky Caluen.

Bong’s December 30 event seems to have established that Toronto is eager to watch and pay for a concert that highlights Filipino talents interpreting classic and contemporary Filipino songs. The repertoire is proof of this.

In other words, there’s an untapped reservoir of riches from our own well of songs, music and dances.

I didn’t know anything about Bong or his presentation but I went nonetheless on a friend’s invitation. And I was so glad I did despite the chill, the snow and the inconvenience of taking public transport.

I soon realized that it wasn’t just a regular ear-splitting, eye-popping, feet-stomping, screaming, speechifying concert where talents are paraded for what their names signify to them. No, it wasn’t that way at all.

At Bong’s, talents simply took the stage and did their number. The music flowed the way it should, without interruption that usually comes with formal introductions.

I was impressed and so moved that I verbalized my appreciation to Consul General Pedro Chan and media colleague Tenny Soriano, who were both there. That was a big leap, I said, because it was mainly focused on the rich cultural diversity of the Philippines.

On the other hand, Ricky’s Sidlak fundraiser concert at Our Lady of Assumption Church on Jan. 21 also demonstrated that an event could be hugely successful without the intruding presence of the networks.

“No distinction was made between seasoned opera singers and veteran concert performers and those considered upstarts,” explains Ricky. “Everybody just wanted to go a good show…and to help the cause. And I think this was a very important ingredient in the overall success of the show”.

I agree. I should say that the members of the Filipino community showed their support because, firstly, the cause was worthy of assistance; secondly, the church backs it; thirdly, the persons behind are respectable and trustworthy; fourthly, the event was spiritually and morally uplifting; and fifthly, the concert was not seen as a platform for the networks.

Indeed, every single song made an impact on the core of being Filipino. Personally, Jennifer Uy’s Mutya ng Pasig brought some fond memories of my departed mother who had had a special liking for that song. I knew that piece from my mother.

Jennifer’s rendition was so touching indeed . . as was the finale – You’ll Never Walk Alone. This one made me teary-eyed.