Sunday, June 8, 2014

BACK TO SCHOOL

Classes have opened again, which means I'll be too busy to write my usual blogs.  But it also means that I'll be uploading case digests and possibly notes.  This semester, I'll be uploading a lot of Torts related cases.  So there.  Enjoy!

Monday, May 26, 2014

IS "YUNG" REPLACING "ANG" IN COLLOQUIAL TAGALOG?

The short answer to the above question is obviously a “NO”, but there are definitely some uses for the word “Yung” which it is preferred over the word “Ang”

I made the observation that Tagalog natives prefer to use the word “'Yung” (or sometimes even “yuung”) instead of “Ang”. I've always thought that this was crass and vulgar, having learned Filipino (the official version of Tagalog) in school in a Visayan speaking province through DECS (Now DepEd) approved grammars and readers. Imagine my surprise when I first noticed the ubiquity of “Yung” as a replacement for “Ang” when I first moved in to Metro Manila and started using the language everyday.

To illustrate:

                                     Huminto ang sasakyan

                                                 versus

                                      Huminto yung sasakyan

They mean the same thing right? Which is gramatically correct? As far as I know, Balagtas and Lope K. Santos would turning in their graves if they read it.

As late as around 2008 or 2009 when I was still in college, I had the chance to go over the write up of an underclassman and noticed that he replaced “Ang” with “'Yung” or used them interchangeably in a formal paper!

I pointed it out to him and told him that “Ang” is the only acceptable article in Filipino. that he should be using “Ang” only as that is the only acceptable article, definite or indefinite and for referntial and non-referential uses.

All this was rather confusing for me.

Then I came across this academic paper written by one Naonori Nagaya. He made the distinction between “Yung” and “Ang” very clear. According to him, “Yung” is an emerging form of article for Filipino and is competing with “Ang” for non-referential uses.

The prototypical function of nominals, namely nouns and nominalized elements, is to refer to an entity, and that of articles is to ground nominals into a discourse, specifying a type of reference such as definiteness or specificity [Citations Omitted]. However, it often happens that the function of nominals goes beyond reference and expands to non-referential functions, and that articles also accommodate the functional change of nominals. For instance, the English indefinite article a/an was once employed only for already identified particulars, as in a (certain) man, but later comes to indicate non-specific, unidentified entities, as in we called a taxi.

In other words, “Ang” is used to refer to specific and “known” things or [possibly] for Proper nouns. “Yung” on the other hand is used for generic or “unknown” things or [possibly] common knowns.

Now all these changes in language are inevitable. They are merely the result of the speakers of a language adopting innovations in the way the language is used everyday and then perpetuating it such that the innovation becomes a part of the grammar or vocabulary of the subject.

When I came accross Nagaya's article, I felt better. I felt vindicated in the knowledge that yes, my knowledge of Tagalog “Book Grammar” is indeed correct. “Yung” has no place in a formal essay. At the same time, I realized that use of “Yung” should actually be allowed due course in establishing itself as the “second” article of Tagalog/Filipino.

Why is all this important?
This observation is simply of interest to historians, linguists and grammarians. Languages change over time. Simple as that. But here is a significant grammatical change occurring before our very eyes and the average Tagalog-speaker will never notice.

This is the same way that the Iberian Latin Speaker never noticed the Latin Phrase “ILLE” and “IPSA" become their articles “El”, “La”, “Las”, “Los” and “Lo” which is now so much a part of their language and culture. The emergence of “Yung” as a non-referential article followed the same process as the emergence of the Romance articles only that we have the chance to observe this first hand. Nagaya writes:

[Y]ung is emerging as an article for referential nominals. The article yung is grammaticalized from the distal demonstrative iyon and is often considered as a replacement for ang in conversations (Citations Ommitted). However, ... the difference in style is not the end of the story: yung does not have all of the non-referential functions that ang has, but displays nominalizing functions that ang does not demonstrate. Yung is not just a simple renewal form of the functions of ang, but also an addition to the article system in Tagalog. [Emphasis mine]

According to the National Science Foundation:
Frequently, the needs of speakers drive language change. New technologies, industries, products and experiences simply require new words. Plastic, cell phones and the Internet didn’t exist in Shakespeare’s time, for example. By using new and emerging terms, we all drive language change. But the unique way that individuals speak also fuels language change. That’s because no two individuals use a language in exactly the same way. The vocabulary and phrases people use depend on where they live, their age, education level, social status and other factors. Through our interactions, we pick up new words and sayings and integrate them into our speech. Teens and young adults for example, often use different words and phrases from their parents. Some of them spread through the population and slowly change the language.

It is simply very poignant to see the grammatical system of a language become richer in one's own time.

How to approach the change

There are actually two ways with which to approach this phenomenon of language change. We could either: (a) Embrace the change and incorporate the “Yung” article in the grammar books or; (b) Frown down upon it as a mere basilectal form and to discourage its use in formal (i.e. written) situations.

I would prefer the first option, to embrace the change and to incorporate it in grammar books. One can go on and talk about proper speech and proper writing, but small, incremental changes in language are simply inevitable. The Ancient Romans would never today understand Spanish, Portuguese, French, Italian and Romanian but these languages, far from being the vulgar basilects they once were, but are now languages of prestige, influence and a medium of high culture and knowledge, just as Latin once was for the Romans.

Paging the Komisyon ng Wikang Filipino... Peace :-)



This article was supposed to be a mere Facebook post, but I decided to expand my thoughts on the subject since I've really given this a lot of thought.

Wednesday, May 14, 2014

RIDING THE GREEN FROG BUS

(Updated Nov. 19, 2014)

Commuting in the Philippines is always a harrowing experience. Hot, rickety Jeepneys, Taxicab drivers who overcharge and ask you to pay a steep contract price rather than use their taxi meter. Drugged bus drivers soaring through the highways and skyways and straight into hell [that is, if you don't get nabbed inside their bus first]. Public Utility Franchises, Traffic Enforcers and Lives are all bought, [ironically,] in the pursuit of the elusive “Hanap Buhay” 1

It is the commuting public who are ultimately at a loss in this state of affairs.

Now this is where the visionary and Entrepreneur Philip Go Apostol coes into the picture. He was convinced that the Filipinos deserve a World-Class public transportation system and thus he founded the Green Frog Transport Company. Touting the slogan “The Filipino Deserves Better”, Apostol aims to improve public transportation in the Philippines by showing Filipinos how commuting is done in First World Countries and to inculcate in them proper commuting behavior so that they can demand the same quality of services from government and private transport providers.

My girlfriend and I finally got to ride the bus.

The Ride

The bus route is from C5 Buting to Taft Avenue and on to the SM Mall of Asia. On our particular trip, we got aboard the bus at the Bus Stop near PNR Buendia. The time was around 7:30PM.  [Click for route information]

The pricing system is area pricing:  A ride in Taguig and Makati City is twenty pesos (P20.00).  A ride in Pasay City costs ten pesos (P10.00) so a trip from end to end would cost thirty pesos (P30.00).  This price may be a bit steep for someone used to paying eight pess (P8.00) for a jeepney ride, but it is definitely worth it. The bus is reasonably fast. True, the hybrid system means that it only accelerates at one meter per second, but it makes fewer stops, because everyone goes on and off at a designated stop.  There is no swerving in and out of traffic and the buses are well maintained so you can be certain that there would be no unforeseen breakdowns.

The floor of the bus is lower than the usual coach that flies on EDSA. This is deliberate in order to make ingress and egress easier. This also means that there are no luggage compartments under the floor of the bus, which is fine since they are unnecessary in a commuter route. What the bus does have is lots of space inside and plenty of standing room: a must during rush hour.

My Girlfriend and I sat at the rear of the bus. And the following are actual pictures taken from our position.








(Photo Courtesy of Kristelle Marie Gonzales)

The seats were made of hard plastic, but they were far from being uncomfortable. They were ergonomically designed for the average Asian. They curved so that one could sit snugly. They were not of the bench type so there was no sliding around in the corners. And there was lumbar support, so I could imagine the aged and the infirm sitting on these chairs comfortably. The road we travelled was well-maintained and has a fresh asphalt overlay so this also contributed to the comfortable and not bone-jarring ride.

The conductor, who was a lady was very courteous and genuinely concerned for the safety and comfort of her passengers. She was approachable and when I asked her where I could buy Tap Cards for the bus, she told us that we could get it from her. She politely tried to convince me to buy the Tap Cards on that occasion and it made for a very convincing sales talk.

It was still rush hour when we took the bus so there was plenty of stop and go traffic, but we still felt safe and comfortable. The reasons for this are: (1) cool air conditioning, which points to the fact that the bus is probably lovingly maintained; (2) clean surroundings, which again point to proper maintenance and; (3) reasonable acceleration, the bus does not lurch about as you would expect buses would. I would attribute this to:

(a) driver professionalism and finesse and;
(b) the hybrid drive system.

Because of all these factors, by the time my Girlfriend and I got off the Makati Avenue Stop, we were still comfortable and were not suffering from motion sickness. I could ride this bus everyday, and I would even look forward to the morning commute if this is what I'm getting.

Technical Notes

The hybrid system is not of the diesel electric type in the sense that the motive force of the bus is lies in the electric motors alone (a system I've written about previously, see here). The diesel engine and the electric motors work in tandem with one another. This system has its advantages because of its durability and reliability since it will not allow the electric motors to overwork themselves [probably... ask a automotive expert, not me].


(picture courtesy of business.inquirer.net)

The bus accelerates slowly and I believe that this is deliberate so that it does not lurch about, throwing about the standing passengers. This is no doubt facilitated by the automatic transmission system which allows the bus to accelerate at a constant speed.

Points for Improvement
When I took this particular ride, Green Frog only had 8 buses in its fleet.  This meant long waiting intervals between buses.  But the company according to its Facebook page recently took delivery of new buses and expects a total of 24 buses by 2015 so we can expect to see shorter waiting times.  





New buses will also solve another problem which is crowded buses.  For a bus that charges P20 for a jeepney ride which would only cost P8, the buses do get very crowded at rush hour.  More buses should help with the congestion.

The riders can also work on their discipline when riding the bus.  Specifically in loading and unloading, as there is a designated entrance and exit which riders still tend to ignore.  Though again, this could be a function of congestion as well.

Conclusion

One of Philip Go Apostol's intentions when he started Green Frog Transport Company is to educate Filipinos as to how commuting is done in developed countries—to show us that it is possible to have dignified, fast, economical, clean and safe transportation. The ultimate goal is that Filipinos would campaign and lobby for world class transport.

I've seen what it is like. And I am quite angry that our roads look like this,

(Photo Courtesy of getrealphilippines.com)

and our commuters have to line up for hours,

(Photo Courtesy of Kristelle Marie Gonzales)


So I am calling to you, Mr. President Benigno Simeon Cojuangco Aquino III, Chief Executive of the land to help make commuting safer, cleaner, more efficient and more dignified.


The President
(Photo Courtesy of Kristelle Marie Gonzales)





1 Hanap Buhay – Tagalog, roughly translated as “Livelihood”. In the simple Filipino mind and Philosophy, it is a justification for all sorts of reckless behavior. It seems to justify the taking of life and property so that one may support himself and loved ones. As though personal prosperity is dependent on the poverty of others. It is the urban-dweller's version of a “zero-sum” game.↩

Wednesday, April 23, 2014

THE CARS THAT TIME FORGOT

I saw this picture on 9gag and it struck a chord with me.

It is a comparison of the Lada and the BMW 5 Series through the years and we see that while the BMW has changed and grown ever larger, the Lada has stayed basically the same.

This is my ode to the concept of a "timeless car".  A truly groundbreaking or well-loved car that simply refuses to die or be remodeled--an iconic car.  Some examples I can think of at the top of my head include: the VW Beetle, Ford Model T, Mercedes -Benz G-Wagen, Toyota FJ Landcruiser and the Hindustan Ambassador/Morris Oxford.  Heck, the Mitsubishi L300 probably belongs there too.

These cars seem to take you to a time long past--a nostalgia for a simpler time.  When an economy car meant no-frills and simple, robust construction.  They were light because people never demanded amenities like airbags, computers, satellite navigation.  They can be built and maintained cheaply too.  And one can fit a part from a brand new vehicle on a car built 20 years ago without changing its look.  Can't do that with the BMW now.

Friday, March 28, 2014

Sps. LYDIA FLORES-CRUZ and REYNALDO I. CRUZ vs. Sps. LEONARDO and ILUMINADA GOLI-CRUZ, et al.

G.R. No. 172217;  September 18, 2009

Topic: Jurisdiction of the MTC over ejectment cases

FACTS:
  • Sometime in 1999, Petitioner Spouses purchased a parcel of land from a relative. The property was situated in Pulong Yantok, Angat, Bulacan. They paid real estate taxes but never occupied the property. Petitioners sold portions to third parties.
  • Petitioners discovered sometime in 2000 that Respondents were occupying a section of the land. Petitioners offered to sell the land to them. Since they could not agree on the price, Petitioners demanded that Respondents vacate the land.
  • Petitioners filed a case for recovery of possession of the land in the Regional Trial Court (RTC) of Malolos, Bulacan in 2001.
  • Respondents filed a motion to dismiss claiming, that the RTC had no jurisdiction over the case as it should have been filed in the MTC since it was a summary action for ejectment under Rule 70 of the Rules of Court.
  • RTC denied the motion to dismiss and eventually decided in favor of Petitioners.
  • On appeal, the CA ruled in favor of Respondents and dismissed the complaint. It held that the RTC had no jurisdiction over the action for recovery of possession because petitioners had been dispossessed of the property for less than a year. It held that the complaint was one for unlawful detainer which should have been filed in the MTC.

ISSUE:
Whether or not the RTC has jurisdiction over the case.

HELD:
No; RTC did not have jurisdiction over the case. It is axiomatic that jurisdiction is determined solely by the allegations in the complaint and not by evidence adduced during trial. One cannot advert to anything not set forth in the complaint. In this case, the complaint alleged that the Petitioners tolerated the occupation of the Respondents and filed the case with the RTC in less than 1 year from the demand to vacate.

When the case was filed in 2001, Congress had already approved Republic Act No. 7691 which expanded the MTC’s jurisdiction to include other actions involving title to or possession of real property (accion publiciana and reinvindicatoria) where the assessed value of the property does not exceed P20,000 (or P50,000, for actions filed in Metro Manila). The complaint did not contain any allegations as to the value of the property. Thus, the Court could not determine where jurisdiction lies.


Wherefore, petition is denied.

Wednesday, March 12, 2014

FEDERICO vs. COMELEC

G.R. No. 199612, JANUARY 22, 2013

DOCTRINE: Under Sec. 15 of RA 9369 which governs the conduct of automated elections, the Comelec is empowered by law to prescribe such rules so as to make efficacious and successful the conduct of the first national automated election: “the Comelec, which has the constitutional mandate to enforce and administer all laws and regulations relative to the conduct of an election,”

In resolving that the deadline for all substitutions must be made on or before Dec. 15, 2009 pursuant to Comelec Resolution No. 8678, COMELEC did not abuse its discretion.

FACTS: Edna Sanchez and private respondent Maligaya were candidates for the position of municipal mayor of Sto. Tomas, Batangas, in the May 10, 2010 Automated National and Local Elections. Maligaya was the Liberal Party’s official mayoralty candidate.

On April 27, 2010, Armando Sanchez, husband of Edna and the gubernatorial candidate for the province of Batangas, died. On April 29, 2010, Edna withdrew her Certificate of Candidacy (COC) for the position of mayor. She then filed a new COC and the corresponding Certificate of Nomination and Acceptance (CONA) for the position of governor as substitute candidate for her deceased husband.

Subsequently, petitioner Renato M. Federico (Federico) filed his COC and CONA as official candidate of the Nationalista Party and as substitute candidate for mayor, in lieu of Edna.

Private Respondent sought to declare petitioner ineligible because his COC was allegedly filed after the deadline had lapsed pursuant to Comelec Resolution No. 8678.

However, the COMELEC en banc resolved to give due course to the candidacy of Edna and Petitioner.

However, by the time of the elections, because the ballots had already been printed, the name of Edna was still on the ballots for the position of Mayor of Sto. Tomas against Private Respondent. In fact, Edna garnered the most votes for that election, beating Private Respodent for the position of mayor. Eventually the board ofcanvassers credited the votes of Edna to Petitioner (who was the replacement of Edna).

Private Respondent filed this petition to annul the proclamation of Petitioner Federico.

The COMELEC en banc eventually annulled the proclamation of Petitioner and proclaimed Private Respondent Maligaya as mayor (Maligaya na sya). The COMELEC declared that Petitioner's substitution of Edna was void because if was filed after the period for filing of COCs had lapsed.

Petitioner filed a petitin for certiorari with the Supreme Court. He claimed that Comelec Resolution No. 8678, which fixed a period for the filing of COCs and CONAs cannot prevail over the Omnibus Election code, specifically Sec. 77 which provides that a party's replacement candidate of one who withdraws, dies or is disqualified may be filed no later than mid-day of the elections.

ISSUE: Whether or not the Comelec gravely abused its discretion when it annulled Federico’s proclamation as the winning candidate on the ground that his substitution as mayoralty candidate was void.

HELD: No, the COMELEC did not gravely abuse its discretion. The Comelec is empowered by law to prescribe such rules so as to make efficacious and successful the conduct of the first national automated election. RA 9369 which governs the conduct of automated elections specifically allows COMELEC to set deadlines for the filing of certificates of candidacy etc.

Under Sec. 15, “the Comelec, which has the constitutional mandate to enforce and administer all laws and regulations relative to the conduct of an election,”

In resolving that the deadline for all substitutions must be made on or before Dec. 15, 2009 pursuant to Comelec Resolution No. 8678, COMELEC did not abuse its discretion.

Thus, the substitution of Petitioner was made out of time and was thus void.


Wherefore, Maligaya pa rin si Maligaya.