What to do with a pardoned inmate who wants to die? This is the same question riddling Oregon's top judiciaries over an ongoing lawsuit against the state's governor.

An inmate on death-row wants his sentence carried out. The 50-year-old man is asking the Oregon Supreme Court to consider his plea despite a pardon and a temporary moratorium already issued by Governor Kitzhaber in 2011. The criminal appeals issue comes into light after recent discussions and a possible 2014 vote on whether to continue instituting the state’s capital punishment law.

The governor is a staunch opponent of the death penalty due mainly to moral grounds. The decision to suspend death penalty in Oregon is seen as a calculated move to permanently put an end to capital punishment in the state. It is noted that Oregon is one of many states in the process of considering repeal of capital penalties. Maryland recently voted against it and Delaware is also seen as the next state to make their repeal official.

Gary Haugen, who is serving time for an aggravated assault conviction, the only criminal charge punishable by death in the state, appeared before the judges in nearby Eugene. Haugen, who was expected to be hanged in 2011 has since sued the state after his reprieve. His team argues that he should be allowed to accept or reject a pardon. They cited a long standing endorsement by the high court, outlined in an 1833 U.S. Supreme Court case, that a clemency is only valid if accepted by an inmate.

The team representing Governor Kitzhaber argues that the governor’s power to issue clemency is absolute and that rejecting it will require an overhaul of the state’s constitution as well as giving more power to Haugen. By constitution, an individual doesn't possess the power to force his government to execute him if that isn't what his government wants to do

The suit is putting the Supreme Court in a precarious spot. The court is weighing what impacts a decision will make in such a matter as there is no precedent for it. Often reluctant, they are considering if they are violating separation of powers between the justices and the governor when questions about the Kitzhaber’s motives were asked.

The governor is a staunch opponent of the death penalty due mainly to moral grounds. The decision to suspend death penalty in Oregon is seen as a calculated move to permanently put an end to capital punishment in the state. It is noted that Oregon is one of many states in the process of considering repeal of capital penalties. Maryland recently voted against it and Delaware is also seen as the next state to make their repeal official.

The issue is expected to take months before an opinion by the high court can be given in the case and a vote is expected in 2014 for the repeal of Oregon’s death penalty law.

 

More on Gary Haugen - Death row inmate Gary Haugen moves a step closer to execution

2011 OPB interview with Gary Haugen

 

Keywords: death penalty repeal, Supreme Court decision, inmate Gary Haugen, moral grounds of death penalty

Wrongful death lawsuit filed against NFL

Latest update of a recent story

The National Football League can add another lawsuit to its growing list of lawsuits from former players suffering from concussion-related brain injuries. Junior Seau's family sued the league for wrongful death weeks after results of a report that confirmed suspicions that the future Hall of Fame inductee may have suffered a neurodegenerative brain disease as a result of two decades of repeated, often-undocumented concussions.

Seau, who spent most of his career in San Diego and Southern California, fatally shot himself in the chest last year. His death raised concerns over the effects of concussions on the well-being of the league's former players. This started a wave of lawsuits against the NFL.

The lawsuit filed in the San Diego County Superior Court alleges that the NFL, although well aware of the risks involved, deliberately concealed certain information from players while continually marketing the violent nature of the sport.

Seau apparently changed significantly over the last years of his life, making bad business decisions and being depressed and indifferent toward his family. His behavioral changes were allegedly an effect of the chronic traumatic encephalopathy, or CTE, that was only recently diagnosed by experts.

Sources indicate that his family is currently not claiming any financial compensation, but wants NFL to acknowledge fault, to care more for its former players and to make the sport safer. American football has recently faced a lot of heat. Nicknamed "America's Game," it is widely regarded as the most popular sport in the country.

This might change if ferocity of the game is toned down for safety reasons. Some players are now trying out newly developed Kevlar linings designed to minimize impacts in their helmets. They hope that new technology will help salvage the sport's damaged reputation.

Concussions could possibly cause serious brain injury. These injuries can have lasting effects on people and death may even be the result. Depending on the outcome of these types of lawsuits, the NFL could find itself increasingly liable for the financial consequences of these injuries to players.

Written by Vee Dela Casa for the Law Offices of Lee Arter, February 4, 2013. For the U.S. published version, click here)

About The Author

Tags: brain injury, compensation, concussions, NFL lawsuits, loss of a loved one, wrongful death

Jose Rizal is the Philippines' national hero and patriot. He is a writer, a doctor, a scientist, a man on many talents and preoccupations. He is also an Insular (Spaniards born in the colonies) who fought for equality for his fellow insulares. He would later become a quiet supporter of  Philippine independence. Through his novels ("Touch Me Not" and "The Filibustering"), Rizal described the corruption of the church that stirred feelings of patriotism and inspired the national revolutionary movement. He was martyred on 30 December, 1896.

Rizal's Last Hours
(Source: http://www.joserizal.ph)

Dec. 29, 1896. 6:00 – 7:00 a.m. 

Sr. S. Mataix asks Rizal’s permission to interview him. Capt. 

Dominguez reads death sentence to Rizal. Source of information: cablegram of Mataix to EL Heraldo

De Madrid, "Notes" of Capt. Dominguez and Testimony of Lt. Gallegos.

7:00 – 8:00 a.m. 

Rizal is transferred to his death cell. Fr. Saderra talks briefly with Rizal. Fr. Viza 

presents statue of the Sacred hearth of Jesus and medal of Mary. Rizal rejects the letter, saying , "Im little of a Marian, Father." Source: Fr. Viza.

8:00 – 9:00 a.m. 

Rizal is shares his milk and coffee with Fr. Rosell. Lt. Andrade and chief of Artillery come to visit Rizal who thanks each of them. Rizal scribbles a note inviting his family it visit him. Sources: Fr. Rosell and letter of Invitation.

9:00 – 10:00 a.m. 

Sr. Mataix, defying stringent regulation, enters death cell and interviews Rizal in the presence of Fr. Rosell. Later, Gov. Luengo drops in to join the conversation. Sources: Letter of Mataix ti Retana Testimony of Fr. Rosell. 

10:00 – 11:00 a.m. 

Fr. Faura persuades Rizal to put down his rancours and order to marry josephine canonically. a heated discussion on religion occurs between them ion the hearing of Fr. Rosell. Sources: El Imparcial and Fr. Rosell .

11:00 – 12:00 noon. 

Rizal talks on "various topics" in a long conversation with Fr. Vilaclara who will later conclude (with Fr. Balaguer, who is not allowed to enter the death cell) that Rizal is either to Prostestant or rationalist who speaks in "a very cold and calculated manner" with a mixture of a "strange piety." No debate or discussion on religion is recorded to have taken place between the Fathers mentioned and Rizal. Sources: El Imarcial and Rizal y su Obra.

12:00 – 1:00 p.m. 

Rizal reads Bible and Imitation of Christ by Kempis, then meditates. Fr. Balaguer reports to the Archbishop that only a little hope remains that Rizal is going to retract for Rizal was heard saying that he is going to appear tranquilly before God. Sources: Rizal’s habits and Rizal y su Obra.

1:00 – 2:00 p.m. 

Rizal denies (probably, he is allowed to attend to his personal necessities). Source: "Notes" of Capt. Dominguez.

2:00 – 3:00 p.m. 

Rizal confers with Fr. March and Fr. Vilaclara. Sources: "Notes" of Capt. Dominguez in conjunction with the testimonies of Fr. Pi and Fr. Balaguer.

3:00 – 4:00 p.m. 

Rizal reads verses which he had underlined in Eggers german Reader, a book which he is going to hand over to his sisters to be sent to Dr. Blumentritt through F. Stahl. He "writes several letters . . . ,with his last dedications," then he "rest for a short." Sources: F. Stahl and F. Blumentritt, Cavana (1956) – Appendix 13, and the "Notes" of Capt. Dominguez.

4:00 – 5:30 p.m. 

Capt. Dominguez is moved with compassion at the sight of Rizal’s kneeling before his mother and asking pardon. Fr. Rosell hears Rizal’s farewell to his sister and his address to those presents eulogizing the cleverness of his nephew. The other sisters come in one by one after the other and to each Rizal’s gives promises to give a book, an alcohol burner, his pair of shoes, an instruction, something to remember. Sources "notes" of Capt. Dominguez and Fr. Rosell, Diaro de Manila.

5:30 – 6:00 p.m.

The Dean of the Cathedral, admitted on account of his dignity, comes to exchange views with Rizal. Fr. Rosell hears an order given to certain "gentlemen" and "two friars" to leave the chapel at once. Fr. Balaguer leaves Fort Santiago. Sources: Rev. Silvino Lopez-Tuñon, Fr. Rosell, Fr. Serapio Tamayo, and Sworn Statement of Fr. Balaguer.

6:00 – 7:00 p.m.

Fr. Rosell leaves Fort Santiago and sees Josephine Bracken. Rizal calls for Josephine and then they speak to each for the last time. Sources: Fr. Rosell, El Imparcial, and Testimony of Josephine to R. Wildman in 1899.

7:00 – 8:00 p.m. 

Fr. Faura returns to console Rizal and persuades him once more to trust him and the other professors at the Ateneo. Rizal is emotion-filled and, after remaining some moments in silence, confesses to Fr. Faura. Sources: El Imparcial.

8:00 – 9:00 p.m. 

Rizal rakes supper (and, most probably, attends to his personal needs). Then, he receives Bro. Titllot with whom he had a very "tender" (Fr. Balaguer) or "useful" (Fr. Pi) interview. Sources: Separate testimonies of Fr. Balaguer and Fr. Pi on the report of Bro. Titllot; Fisal Castaño.

9:00 – 10:00 p.m.

Fiscal Castaño exchanges views with Rizal regarding their respective professors. Sources: Fiscal Castaño.

10:00 – 11:00 p.m. 

Rizal manifests strange reaction, asks guards for paper and pen. From rough drafts and copies of his poem recovered in his shoes, the Spaniards come to know that Rizal is writing a poem. Sources: El Imparcial and Ultimo Adios; probably, Fiscal Castaño.

11:00 – 12:00 midnight

Rizal takes time to hide his poem inside the alcohol burner. It has to be done during night rather than during daytime because he is watched very carefully. He then writes his last letter to brother Paciano. Sources: Testimonies and circumstantial evidence. 

12:00 – 4:00 a.m. 

Rizal sleeps restfully because his confidence in the goodness of God and the justness of his cause gives him astounding serenity and unusual calmness.

Dec. 30, 1986. 4:00 – 5:00 a.m. 

Rizal picks up Imitation of Christ, reads, meditates and then writes in Kempis’ book a delectation to his wife Josephine and by this very act in itself he gives to her their only certificate of marriage.

5:00 – 6:15 a.m.

Rizal washes up, takes breakfast, attends to his personal needs. Writes a letter to his parents. Reads Bible and meditates. Josephine is prohibited by the Spanish officers from seeing Rizal, according to Josephine’s testimony to R. Wildman in 1899.

6:15 – 7:00 a.m.

Rizal walks to the place of execution between Fr. March and Fr. Vilaclara with whom he converses. Keeps looking around as if seeking or expecting to see someone. His last word, said in a loud voice: "It is finished"

7:00 – 7:03 a.m.

Sounds of guns. Rizal vacillates, turns halfway around, falls down backwards and lies on the ground facing the sun. Silence. Shouts of vivas for Spain.

Rizal's Retraction
(Source: http://www.joserizal.ph)

Introduction

This section presents contrasting views on the retraction by biographers of Rizal.The team deemed it proper to present the views in the exact words of the scholars so as to avoid misinterpretations.

Read on and judge for yourself whether Rizal retracted or not.

Texts of Rizal's Retraction

The "original" discovered by Fr. Manuel Garcia, C.M. on May 18, 1935

Me declaro catolica y en esta Religion en que naci y me eduque quiero vivir y morir.

Me retracto de todo corazon de cuanto en mis palabras, escritos, inpresos y conducta ha habido contrario a mi cualidad de hijo de la Iglesia Catolica. Creo y profeso cuanto ella enseña y me somento a cuanto ella manda. Abomino de la Masonaria, como enigma que es de la Iglesia, y como Sociedad prohibida por la Iglesia. Puede el Prelado Diocesano, como Autoridad Superior Eclesiastica hacer publica esta manifastacion espontanea mia para reparar el escandalo que mis actos hayan podido causar y para que Dios y los hombers me perdonen.

Manila 29 de Deciembre de 1896

Jose Rizal

Jefe del Piquete

Juan del Fresno

Ayudante de Plaza

Eloy Moure

Translation (English)

I declare myself a catholic and in this Religion in which I was born and educated I wish to live and die.

I retract with all my heart whatever in my words, writings, publications and conduct has been contrary to my character as son of the Catholic Church. I believe and I confess whatever she teaches and I submit to whatever she demands. I abominate Masonry, as the enemy which is of the Church, and as a Society prohibited by the Church. The Diocesan Prelate may, as the Superior Ecclesiastical Authority, make public this spontaneous manifestation of mine in order to repair the scandal which my acts may have caused and so that God and people may pardon me.

Manila 29 of December of 1896

Jose Rizal

La Voz Española, December 30, 1896

Me declaro catolica y en esta Religion en que naci y me eduque quiero vivir y morir.

Me retracto de todo corazon de cuanto en mis palabras, escritos, inpresos y conducta ha habido contrario a mis cualidades de hijo de la Iglesia Catolica. Creo y profeso cuanto ella enseña y me somento a cuanto ella manda. Abomino de la Masonaria, como enigma que es de la Iglesia y como sociedad prohibida por la Iglesia. Puede el Prelado Diocesano, como autoridad superior eclesiastica hacer publica esta manifastacion espontanea para reparar el escandalo que mis actos hayan podido causar y para que Dios y los hombers me perdonen.

Manila, 29 de Diciembre de

1896-Jose Rizal

Jefe del Piquete

Juan del Fresno

Ayudante de Plaza

Eloy Moure

Fr. Balaguer's text, January 1897

Me declaro catolica y en esta Religion en que naci y me eduque quiero vivir y morir. Me retracto de todo corazon de cuanto en mis palabras, escritos, inpresos y conducta ha habido contrario a mi calidad de hijo de la Iglesia. Creo y profeso cuanto ella enseña y me somento a cuanto Ella manda. Abomino de la Masonaria, como enigma que es de la Iglesia, y como Sociedad prohibida por la misma Iglesia. 

Puede el Prelado diocesano, como Autoridad superior eclesiastica hacer publica esta manifastacion espontanea mia, para reparar el escandalo que mis actos hayan podido causar, y para que Dios y los hombers me perdonen.

Manila, 29 de Diciembre de

1896-Jose Rizal

Analysis Rizal's Retraction

At least four texts of Rizal’s retraction have surfaced. The fourth text appeared in El Imparcial on the day after Rizal’s execution; it is the short formula of the retraction. 

The first text was published in La Voz Española and Diaro de Manila on the very day of Rizal’s execution, Dec. 30, 1896. The second text appeared in Barcelona, Spain, on February 14, 1897, in the fortnightly magazine in La Juventud; it came from an anonymous writer who revealed himself fourteen years later as Fr. Balaguer. The "original" text was discovered in the archdiocesan archives on May 18, 1935, after it disappeared for thirty-nine years from the afternoon of the day when Rizal was shot.

We know not that reproductions of the lost original had been made by a copyist who could imitate Rizal’s handwriting. This fact is revealed by Fr. Balaguer himself who, in his letter to his former superior Fr. Pio Pi in 1910, said that he had received "an exact copy of the retraction written and signed by Rizal. The handwriting of this copy I don’t know nor do I remember whose it is. . ." He proceeded: "I even suspect that it might have been written by Rizal himself. I am sending it to you that you may . . . verify whether it might be of Rizal himself . . . ." Fr. Pi was not able to verify it in his sworn statement.

This "exact" copy had been received by Fr. Balaguer in the evening immediately preceding Rizal’s execution, Rizal y su Obra, and was followed by Sr. W. Retana in his biography of Rizal, Vida y Escritos del Jose Rizal with the addition of the names of the witnesses taken from the texts of the retraction in the Manila newspapers. Fr. Pi’s copy of Rizal’s retraction has the same text as that of Fr. Balaguer’s "exact" copy but follows the paragraphing of the texts of Rizal’s retraction in the Manila newspapers.

Regarding the "original" text, no one claimed to have seen it, except the publishers of La Voz Espanola. That newspaper reported: "Still more; we have seen and read his (Rizal’s) own hand-written retraction which he sent to our dear and venerable Archbishop…" On the other hand, Manila pharmacist F. Stahl wrote in a letter: "besides, nobody has seen this written declaration, in spite of the fact that quite a number of people would want to see it. "For example, not only Rizal’s family but also the correspondents in Manila of the newspapers in Madrid, Don Manuel Alhama of El Imparcial and Sr. Santiago Mataix of El Heraldo, were not able to see the hand-written retraction.

Neither Fr. Pi nor His Grace the Archbishop ascertained whether Rizal himself was the one who wrote and signed the retraction. (Ascertaining the document was necessary because it was possible for one who could imitate Rizal’s handwriting aforesaid holograph; and keeping a copy of the same for our archives, I myself delivered it personally that the same morning to His Grace Archbishop… His Grace testified: At once the undersigned entrusted this holograph to Rev. Thomas Gonzales Feijoo, secretary of the Chancery." After that, the documents could not be seen by those who wanted to examine it and was finally considered lost after efforts to look for it proved futile.

On May 18, 1935, the lost "original" document of Rizal’s retraction was discovered by the archdeocean archivist Fr. Manuel Garcia, C.M. The discovery, instead of ending doubts about Rizal’s retraction, has in fact encouraged it because the newly discovered text retraction differs significantly from the text found in the Jesuits’ and the Archbishop’s copies. And, the fact that the texts of the retraction which appeared in the Manila newspapers could be shown to be the exact copies of the "original" but only imitations of it. This means that the friars who controlled the press in Manila (for example, La Voz Española) had the "original" while the Jesuits had only the imitations.

We now proceed to show the significant differences between the "original" and the Manila newspapers texts of the retraction on the one hand and the text s of the copies of Fr. Balaguer and F5r. Pio Pi on the other hand.

First, instead of the words "mi cualidad" (with "u") which appear in the original and the newspaper texts, the Jesuits’ copies have "mi calidad" (with "u").

Second, the Jesuits’ copies of the retraction omit the word "Catolica" after the first "Iglesias" which are found in the original and the newspaper texts.

Third, the Jesuits’ copies of the retraction add before the third "Iglesias" the word "misma" which is not found in the original and the newspaper texts of the retraction.

Fourth, with regards to paragraphing which immediately strikes the eye of the critical reader, Fr. Balaguer’s text does not begin the second paragraph until the fifth sentences while the original and the newspaper copies start the second paragraph immediately with the second sentences.

Fifth, whereas the texts of the retraction in the original and in the manila newspapers have only four commas, the text of Fr. Balaguer’s copy has eleven commas.

Sixth, the most important of all, Fr. Balaguer’s copy did not have the names of the witnesses from the texts of the newspapers in Manila.

In his notarized testimony twenty years later, Fr. Balaguer finally named the witnesses. He said "This . . .retraction was signed together with Dr. Rizal by Señor Fresno, Chief of the Picket, and Señor Moure, Adjutant of the Plaza." However, the proceeding quotation only proves itself to be an addition to the original. Moreover, in his letter to Fr. Pi in 1910, Fr. Balaguer said that he had the "exact" copy of the retraction, which was signed by Rizal, but her made no mention of the witnesses. In his accounts too, no witnesses signed the retraction.

How did Fr. Balaguer obtain his copy of Rizal’s retraction? Fr. Balaguer never alluded to having himself made a copy of the retraction although he claimed that the Archbishop prepared a long formula of the retraction and Fr. Pi a short formula. In Fr. Balaguer’s earliest account, it is not yet clear whether Fr. Balaguer was using the long formula of nor no formula in dictating to Rizal what to write. According to Fr. Pi, in his own account of Rizal’s conversion in 1909, Fr. Balaguer dictated from Fr. Pi’s short formula previously approved by the Archbishop. In his letter to Fr. Pi in 1910, Fr. Balaguer admitted that he dictated to Rizal the short formula prepared by Fr. Pi; however; he contradicts himself when he revealed that the "exact" copy came from the Archbishop. The only copy, which Fr. Balaguer wrote, is the one that appeared ion his earliest account of Rizal’s retraction.

Where did Fr. Balaguer’s "exact" copy come from? We do not need long arguments to answer this question, because Fr. Balaguer himself has unwittingly answered this question. He said in his letter to Fr. Pi in 1910:

"…I preserved in my keeping and am sending to you the original texts of the two formulas of retraction, which they (You) gave me; that from you and that of the Archbishop, and the first with the changes which they (that is, you) made; and the other the exact copy of the retraction written and signed by Rizal. The handwriting of this copy I don’t know nor do I remember whose it is, and I even suspect that it might have been written by Rizal himself."

In his own word quoted above, Fr. Balaguer said that he received two original texts of the retraction. The first, which came from Fr. Pi, contained "the changes which You (Fr. Pi) made"; the other, which is "that of the Archbishop" was "the exact copy of the retraction written and signed by Rizal" (underscoring supplied). Fr. Balaguer said that the "exact copy" was "written and signed by Rizal" but he did not say "written and signed by Rizal and himself" (the absence of the reflexive pronoun "himself" could mean that another person-the copyist-did not). He only "suspected" that "Rizal himself" much as Fr. Balaguer did "not know nor ... remember" whose handwriting it was.

Thus, according to Fr. Balaguer, the "exact copy" came from the Archbishop! He called it "exact" because, not having seen the original himself, he was made to believe that it was the one that faithfully reproduced the original in comparison to that of Fr. Pi in which "changes" (that is, where deviated from the "exact" copy) had been made. Actually, the difference between that of the Archbishop (the "exact" copy) and that of Fr. Pi (with "changes") is that the latter was "shorter" be cause it omitted certain phrases found in the former so that, as Fr. Pi had fervently hoped, Rizal would sign it.

According to Fr. Pi, Rizal rejected the long formula so that Fr. Balaguer had to dictate from the short formula of Fr. Pi. Allegedly, Rizal wrote down what was dictated to him but he insisted on adding the phrases "in which I was born and educated" and "[Masonary]" as the enemy that is of the Church" – the first of which Rizal would have regarded as unnecessary and the second as downright contrary to his spirit. However, what actually would have happened, if we are to believe the fictitious account, was that Rizal’s addition of the phrases was the retoration of the phrases found in the original which had been omitted in Fr. Pi’s short formula.

The "exact" copy was shown to the military men guarding in Fort Santiago to convince them that Rizal had retracted. Someone read it aloud in the hearing of Capt. Dominguez, who claimed in his "Notes’ that Rizal read aloud his retraction. However, his copy of the retraction proved him wrong because its text (with "u") and omits the word "Catolica" as in Fr. Balaguer’s copy but which are not the case in the original. Capt. Dominguez never claimed to have seen the retraction: he only "heard".

The truth is that, almost two years before his execution, Rizal had written a retraction in Dapitan. Very early in 1895, Josephine Bracken came to Dapitan with her adopted father who wanted to be cured of his blindness by Dr. Rizal; their guide was Manuela Orlac, who was agent and a mistress of a friar. Rizal fell in love with Josephine and wanted to marry her canonically but he was required to sign a profession of faith and to write retraction, which had to be approved by the Bishop of Cebu. "Spanish law had established civil marriage in the Philippines," Prof. Craig wrote, but the local government had not provided any way for people to avail themselves of the right..."

In order to marry Josephine, Rizal wrote with the help of a priest a form of retraction to be approved by the Bishop of Cebu. This incident was revealed by Fr. Antonio Obach to his friend Prof. Austin Craig who wrote down in 1912 what the priest had told him; "The document (the retraction), inclosed with the priest’s letter, was ready for the mail when Rizal came hurrying I to reclaim it." Rizal realized (perhaps, rather late) that he had written and given to a priest what the friars had been trying by all means to get from him.

Neither the Archbishop nor Fr. Pi saw the original document of retraction. What they was saw a copy done by one who could imitate Rizal’s handwriting while the original (almost eaten by termites) was kept by some friars. Both the Archbishop and Fr. Pi acted innocently because they did not distinguish between the genuine and the imitation of Rizal’s handwriting.

Thousands of "netizens" celebrate after UP yields to huge online outcry 

From SunStar Manila - 20 March 2013

THOUSANDS of alumni, youth groups and concerned citizens all over the country are celebrating a bittersweet victory, after administrators of the University of the Philippines (UP) announced the cancellation of the "no late payment policy" that contributed to the suicide of Kristel Tejada.

The move comes after a huge public outcry following Tejada's death -- including the 6,000 strong Change.org petition started by UP alumnus and award-winning journalist Alcuin Papa.

The petition grew explosively from zero to more than five thousand in less than 48 hours after Tejada's death was reported -- making it the fastest growing petition on Change.org in all of the Asia pacific region at the time.

University relents after public outcry over cruel tuition policies that resulted in a student suicide

Every time someone signed the petition and left a comment it was automatically emailed to UP administrators. In total more than 1,000 emails were sent to them in the space of 48 hours.

Papa, who started the petition, said that "the UP administrators clearly couldn't withstand the amount of scrutiny and pressure generated from the petition, the constant media coverage and the protests at the university."

"We claim this victory in the name of all UP students who struggle every day to go to their classes facing financial, logistical and emotional difficulties; for those who continue to struggle for quality education for all; and for all the alumni who want to see a real 'university of the people'," Alcuin said.

"This victory is proof that each and every one of us has the capacity to bring about change," he added.

Some of the most popular comments left by Change.org users include:

Kristel was not only a blockmate but she was also a friend, her death should not be in vain, and no other child should go through what she went through. -- Alexa Aguilar, Pasay

As an alumni, my heart breaks and the many others who have dropped out of the UP because of these calloused, anti-poor rules. -- Dino Nable, Makati City

UP is a state university who's supposed to cater the brightest students of the country regardless of their financial capacity. This policy is totally in contrast with what the university is supposed to be. -- Herbert Ortiga, San Pedro

As a teacher and a student myself, Education's main goal is to be FOR ALL, not for the privileged some. - Rain Chua, Las Pinas

Because Education is a right and will save this nation from further damnation. Kristel Tejada's death is definitely a wake up call. -- Haidee Pineda, Quezon City. (PR/Sunnex)

This is not an original work by this website's author.

Alcohol and driving just don’t mix. This is especially true in a state known for having so much pedestrian traffic like California. The state is dubbed as one of the most dangerous for fatal pedestrian accidents and hit-and-runs according to recent independent studies. Despite repeated warnings and an increased police effort, many are still engaging in drunk driving and more are suffering from wrongful death incidents.

Victims of negligence and reckless driving should seek the advice of a legal professional for assistance. Financial compensation is available to victims and their families for medical expenses, loss of wages and the pain and suffered brought on by the possible loss of a loved. A related fatal accident story in Orange County which resulted in the death of three relatives is making headlines throughout California.

A 40-year-old Orange County man was arrested in connection to the deaths of three women on their way home from a baby shower. The man is twice over the legal blood-alcohol limit when his car hit the pedestrians. A 56-year-old woman was killed at the scene while her daughter and niece, both 21-years-old, were rushed to a nearby emergency but later died of their serious injuries. The accused driver and a female passenger were also injured.

Police told sources that the man saw the women but failed to stop in time, barely slowing down only before striking the three at high speeds. The impact caused massive and severe injuries that caused their deaths.

Three counts of vehicular manslaughter causing death with gross negligence while intoxicated were laid against the man. The Orange County district attorney’s office also filed two other felony counts of DWI. Other charges are also being prepared. If convicted, he could face 12 years and eight months in state prison. He is being held on a $500,000 bail. An arraignment is already scheduled.

Owners of apartment buildings are required by law to conduct yearly inspections and perform all necessary repairs to any damages and other issues in their property that could cause injuries to tenants.

There are cases however when landlords in  fail to meet these basic and required obligations to their tenants. Such failure to address pertinent issues could result in a premises liability lawsuit against bad landlords.

In Austell, Georgia, tenants in an apartment complex have recently reported that they’ve been neglected and deprived of electricity for several days now. At least two tenants complained about losing electricity in their apartment unit saying that it’s no longer acceptable.

One of the tenants without power told reporters that she had to get rid of $300 worth of groceries that only spoiled as a result of the blackout. The tenant also has an asthmatic granddaughter who relies on a nebulizer. With power out, her grandchild is at risk of complications, even death.

Another claim that she’s been without power for a week and that management moved her into another unit. The tenant however was forced to sleep on the floor and had to use a space heater to keep herself warm.

Other tenants also complained of garbage disposal in the building with trash overflowing from dumpsters and damaged rooftops with only patching work poorly done to address the problem.

The sources interviewed the building administration as well as Georgia Power. The administrators of the apartment building told reporters that issues are being addressed and will be resolved. Georgia Power, on the other hand, explained that they won’t restore power to the affected units until the apartment’s administration repairs the electrical issues. Tenants are getting impatient with some already looking to move out.

Public housing buildings and apartments should be putting plenty of effort into ensuring the safety and well-being of their tenants and guests. There have been several cases in the past wherein lack of repair and hazardous conditions resulted in injuries and death. Victims of negligent property owners could consult with a legal professional who can explain their tenant rights in accordance to local laws.

Keywords:  premises liability lawsuit, public housing buildings and apartments, negligent property owners

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Earned degree in Economics from the University of the Philippines and Business Administration Honours from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Bouncing back from a divorce and marrying a new-found love can be an exciting time for anyone. For many, a second marriage closes the book on the previous marriage and the pain of divorce. But a second marriage brings with it other legal issues and property division concerns. Remarrying partners will do well to reassess their properties and other finances well prior to the marriage.

Experts advise such couples to have a detailed and well thought-out prenuptial agreement and estate plan. Being specific about what is owned before a second marriage can spell the difference between finding happiness and being twice broke and twice broken-hearted.

Until recently, prenuptial agreements were not a popular topic among couples. Thanks to celebrity weddings that often go south, we have learned that a so-called "prenup" is a necessary and effective tool. It is a legally binding agreement that fully discloses each spouse's finances, and it should be signed and witnessed relatively far in advance of the big day.

The agreement also sets forth exactly what each party is entitled to in case the marriage winds up in a divorce. It usually has a payout provision, by either cash or an asset acquired prior to marriage. Conjugal or marital properties-properties acquired during the marriage-are divvied up by the court in accordance with state divorce law.

Even if the second marriage does not end in divorce, the death of one spouse could start a bitter legal battle among the children. This is why tools like wills, trusts and designating beneficiaries should be set up prior to marriage and/or death. Designating beneficiaries will ensure that the intended persons receive the assets upon death in accordance with the testator's wishes. All other properties owned jointly with the spouse will automatically be awarded to the spouse.

Those who want to provide for both the surviving spouse and all the children, including those from a first marriage, should look into a qualified terminable interest property trust (QTIP). This type of trust allows the surviving spouse to get the trust income until he or she dies, and then the children inherit it.

Some states have laws that prevent testators from leaving a spouse out of an inheritance. Elective share laws allow one's disinherited widow first rights on one-third of all assets over all other parties. With all of these legal issues, it is highly advisable to have an estate plan finalized well in advance of the wedding day.

(Written by Vee Dela Casa for D.W. Trombadore, New Jersey Attorney-At-Law, Feb. 4, 2013. For the U.S. published version, click here)

Tags: Divorce, Estate plans, prenuptial agreement

Debts can be a huge problem for both the dead and the living. While many assume that dying could mean the end of debts, estate planning experts warn testators that not all debts disappear upon death. In fact, many may come back to cause serious problems to heirs.

With the relative ease of getting loans and credit cards in the country, it is no surprise that many will accumulate massive debts by the time they reach their twilight years. With a decline in asset valuation in recent years, experts worry that debts can wipe out assets if proper action is not taken. Experts agree on five key steps to consider when planning an estate strategy.

Aside from simply paying off debts early, being honest to heirs is simple a key strategy. By sharing the complete financial picture to successors it will help everyone legally prepare for any creditors.

Insolvency occurs when debts are greater than assets and while creditors can’t go after heirs as long as debts are named under an individual’s estate, they can still ask the court to a special order that forces an executor to sell off assets to cover for any liabilities but a good strategy can protect valuable assets from such actions.

Life insurance can also be a tool to pay off debts especially if heirs would rather keep certain assets since creditors cannot touch it once passed on to a spouse and heirs. Testators should also open loan protection insurance similar to a mortgages life insurance. These declining-term policies pay off specific loans in case of death or incapacity despite costing more than the regular life insurance.

Finally and perhaps most importantly, by naming a person rather than an estate as beneficiary, you are keeping assets away from probate and directly to heirs. This is a key strategy because creditors can get their hands to any assets once it goes through probate court. By not naming an estate as beneficiary, assets could pass on directly to heirs and creditors can’t dip their hands into it.

Insolvency occurs when debts are greater than assets and while creditors can’t go after heirs as long as debts are named under an individual’s estate, they can still ask the court to a special order that forces an executor to sell off assets to cover for any liabilities but a good strategy can protect valuable assets from such actions.

As such, a wise estate planning strategy involves protecting assets to maximize wealth being passed on.

Keywords: wise estate planning strategy, paying off debts early, probate court

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