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.

Abusing and murdering an innocent, defenseless child is not something that anyone in the local community can easily agree with.. Local neighborhoods and communities join concerned groups to uphold federal and state laws that protect children from all forms of abusive behavior and violent crimes.

But suspected criminals also have rights according to these same state and federal laws. Immigrants and citizens of this country have the right to defend themselves from any accusations. With the correct advice from a knowledgeable legal professional, penalties for any convictions can possibly be lowered. Such could be said about the sentencing of an illegal immigrant who pleaded guilty to manslaughter charges recently.

A 24-year-old man from nearby Keizer was sentenced by the Marion County Court in Oregon to 25 years in prison for the death of a 4-year-old child. He is charged with counts of manslaughter and two counts of criminal mistreatment of a child.

According to sources, the incident happened after his beer was knocked over and spilled on the floor. Out of rage, he grabbed the boy, his girlfriend’s child, and hit his head hard on the floor. The child passed out unconscious. After three hours, he took the child to the hospital where it was pronounced dead due to blunt force trauma to the head.

He told doctors and later police inconsistent versions of the story which lead to an arrest on murder charges. During the sentencing, he confessed to hurting the child on several occasions. The mother was completely distraught.

The family was not pleased with the 25 year jail sentence claiming that he deserves to receive more years in for killing the child. The court instead decided that after he serves his sentence, he will be deported.

It is saddening that something as minor as spilt beer can result in the death of a beautiful and loving child. One can only imagine how hurt and upset the boy’s family are.

While it’s true that the man deserves to be penalized, he is still entitled to certain rights. Fortunately, good counsel resulted in a lighter sentence that otherwise would’ve been more severe. In this case, the legal system took its correct course and justice prevailed for both victim and the accused.

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.

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.

There is a correlation between U.S. healthcare worker safety and the provision of quality healthcare. Both are considered inseparable.

 

The same conditions that could give caregivers on the job injuries could also put patients at risk. This fact was recently supported by a new national study that encourages healthcare providers, clinics and hospitals to start looking out for their workers.

 

A new study found that there is a correlation between healthcare worker safety and quality healthcare. The whitepaper released just recently was a joint effort between the Lucian Leape Institute and the National Patient Safety Foundation.

 

According to the national study, the healthcare field has an injury and illness rate of 5.6 per 100 workers adding that workers are more prone to injuries than in any other industries. They concluded that several factors that affect performance undermine the ability of workers to provide appropriate and quality care to patients.

 

Workplace accidents are common occurrences that stem from employer negligence. In the medical industry, places of care and treatment can’t function properly when it itself can cause damaging injuries to its workers and patients.

Several blockbuster movies required the services of stuntmen to get specific scenes right including the production companies responsible for the movie Ghost Rider: Spirit of Vengeance which is being sued over a promotional stunt that went awfully wrong.

According to the lawsuit, the film stuntman is naming one of the world’s biggest motion picture companies and two other production companies after sustaining life-threatening injuries and a $1 million medical bill. The victim claims that the three companies were negligent during the execution of a promotional stunt for the movie’s DVD release.

The particular stunt involved the intentional lighting on fire of the stuntman’s body riding a stunt motorcycle supposed to jump a body of water while on fire. The daredevil claims that the ramp used was too high and the body of water was too narrow for the jump.

The trick failed with the stuntman flying off and hitting the ground hard. He suffered back injuries, multiple bone fractures, collapsed lungs and second-degree burns in the process. He was unable to work during his recuperation.

Despite informing producers of the level of danger, production chose to proceed with disregard to the safety of everyone on set. He is seeking unspecified damages for negligence, risk and breach of contract. A spokesperson for one of the companies is claiming that the stuntman is a third-party contractor who was responsible for the entire stunt.

Dangerous movie stunts put great risks on the person performing. A movie company may argue that a stuntman knew the risks involved in his profession, however, laws are in place that protects workers in dangerous professions

Keywords: dangerous movie stunts, workers in dangerous professions

About The Author

Military personnel and officers are not exempt when it comes to felonies. Despite its many traditions and its desire to develop men into outstanding leaders, the military has had its fair share of officers who, for whatever reasons, have allegedly committed crimes against their better judgment.

About two hours from Salem, in Newport, Oregon, a former Army Reserve officer was charged and convicted of “misprision of felony” for failing to inform the proper military chain that he is still getting paid top salary for his rank despite inactively serving as a reserve commander.

According to court documents, the 51-year-old was paid about $10,000 since 2004 as a full-time commissioned reserve officer. In 2007, he returned to light reserve duties but continued to receive the active duty topped-up amount. The branch did not catch the error until last year. The ex-officer received a total of $442,000 since April 2007 as a part-time lieutenant colonel.

During his sentencing, he admitted to the accusations. Representatives for the accused pointed out the officer’s excellent 28-year career in the army reserves citing his clean record, his work with the local community, and his role as husband and father. He is sentenced to a six month term in a halfway house with five-year probation so that he can still continue work to pay off the money he took from the army.

Despite being found guilty of the charges, the accused maintained his military upbringing by accepting responsibility for his actions. With the help of his representation, he was portrayed as an outstanding member of the community who is willing to pay back whatever he owes. For this, he was allowed a much lighter sentence.

By the way, this is what happened to crazy Amanda Bynes:

Extra crazy!

A will should be the foundation of a person’s estate planning. It is a vital component that addresses concerns with regards to one’s properties and children especially in many states where couples often marry much older and have significant assets by the time they have children.

Despite common misconceptions about wills requiring a testator to have significant amount of properties, experts agree that the size is not an issue for getting one drafted. In fact, it is advisable to have one drafted for many reasons other than the distribution of property.

One such reason concerns the raising of children in the event that parents die early. A will can contain certain provisions on how children are to be raised, even apportion amounts from the estate to the rearing of children.

If a young parent doesn’t have specified will for this, the state can and will make decisions on the parents’ behalf. Often, this may not suit well.

Two major components of a will can be, first, the distribution of property according to instructions. The second is a provision on naming a guardian who will act as primary caregivers to minors.

The first provision is common to all wills as it pertains to specifics on asset distribution. The second provision is extremely important as it address how exactly children are to be raised. Parents should name a trusted and reliable guardian. This nomination is honored by the court but will contest it if the named guardian is deemed unfit to take on the task.

Naming a guardian gets part of the job done as there are still issues with the specifics. Concerns over finances and specific activities, food, clothing, shelter, etc. involving the guardianship and the raising of children should be addressed clearly. Also, naming of an estate executor or administrator should be specified.

Remember that a will is executed through probate. Although a probate judge will honor the testators’ final wishes, probate issues can arise such as a will contest if issues are found with the will. Making sure that a will is applicable and legal is vital. A knowledgeable legal professional should be consulted for best advice on estate planning matters.

Keywords: distribution of property, primary caregivers, estate executor, trusted and reliable guardian

The new federal estate tax under the recently signed fiscal cliff deal effectively raised exemption for couples to $10.5 million. It also made these exemptions portable between spouses. With that in mind, many are looking for plans that are least complicated with a much lower cost of preparing and administering.

One such estate planning tool recommended by many planners is the multipurpose irrevocable life insurance trust, otherwise known as MILIT. This star of olden times is a mainstay in earlier era estate planning, though needs somewhat of a re-make for the modern age. It offers clients a multipurpose trust that handles multiple planning goals packed in a single, streamlined combo.

Another advantage many applicants discovered is that a MILIT can be put in effect right away which gives applicants the opportunity to address problems with it even before death. This is especially important as it can avoid problems for the person’s heirs and beneficiaries.

Part bypass trust, irrevocable life insurance trust, and spousal lifetime access trust, the MILIT does not have to abide by the state's estate tax exemptions, instead, it provides protection for up to $5.25 million in assets. What’s really good about a MILIT is that it combines three trusts into one package that could save applicants hundreds if not thousands of dollars in legal costs and estate administration fees.

A MILIT also provides living applicants with the income tax shelter of a permanent life insurance policy. Once the person dies, it provides money to family members with the lowest incomes.

Another advantage many applicants discovered is that a MILIT can be put in effect right away which gives applicants the opportunity to address problems with it even before death. This is especially important as it can avoid problems for the person’s heirs and beneficiaries.

While a MILIT may be less complicated than other forms of trusts, it will require a massive overhaul of existing estate plans in order to transform it into a streamlined MILIT. Those that are just starting an estate plan will appreciate the uncomplicated process of starting one.

Keywords: multipurpose irrevocable life insurance trust, heirs and beneficiaries, bypass trust, irrevocable life insurance trust, spousal lifetime access trust

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

About The Author

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

Nothing brings so much pain and grief as the death of a loved, especially when it could’ve been easily avoided. Motor vehicle accidents caused by careless drivers are a leading cause of many wrongful deaths throughout the state of South Carolina and some local citizens, through sheer determination, are taking action so that the suffering endured by families of victims will never be repeated again.

That’s exactly what a young man from Charleston is doing after a fatal truck accident took the life of his father early last year. What started out as a mere university advocacy project is gaining much needed attention. His immediate goal is to have traffic lights installed on that two-way stop intersection where his dad was killed by getting everyone in the area to support his cause and sign a petition asking government to have the improvements done.

Walking hand-in-hand with his girlfriend, he showed the exact spot where his dad was struck. He told sources that his dad stopped at the highway intersection before continuing. He did not see an 18-wheeler truck coming at him. The resulting collision sent his dad’s truck across the highway sustaining severe injuries before succumbing 11 days later.

The young man argues that if there were proper stop signs and lighted signals, the driver of the larger truck would have slowed down during the approach and that his dad would be alive today. Many residents in the area also agree that drivers need to slow down when approaching the shady intersection as there are numerous accidents reported already in the past.

Motor vehicle accidents caused by careless drivers are a leading cause of many wrongful deaths throughout the state of South Carolina and some local citizens, through sheer determination, are taking action so that the suffering endured by families of victims will never be repeated again.

Locals are being encouraged to come visit the group’s social media website and convey their support or their experiences on the intersection. He believes that speaking more about the dangerous intersection will get the state Department of Transportation office to take immediate action to address and do the necessary improvements.

It is truly admirable to see ordinary people who were affected by the horrors of a wrongful death event take part in causes that will help improve safety in the community. It is through these actions that change starts – change that benefits everyone for the better.









Keywords: fatal truck accident, pain and grief, department of transportation, safety in the community

A high asset divorce and the process of asset division can test the resolve of divorcing couples. It can take its toll on the parties involved, and affect the mental, emotional and financial well-being of those involved. In the U.S., most divorces, due to the amount of assets involved, are complex disputes with complications that unravel unceremoniously.

But what if one of the party’s capacities to take legal action on one’s behalf is in question? Are there steps that would allow such proceedings to take place legally?

Some states have legal provisions that allow the use of a legal “guardian” to initiate a divorce action on behalf of an incapable person, legally known as a “ward.” Not all states allow it though simply because applicable statutes don’t exist in those states. Often, the belief is that divorces, especially high-asset ones, are too personal to entrust to a third party.

In actuality, there are options available to accommodate such and these tools work in congruence to estate planning tools.

Many are familiar with a “Power of Attorney” – a written instrument that authorizes another individual or individuals to perform specific legal acts on behalf of a client-applicant – another version called the “Durable Power of Attorney” allows a principal to nominate a guardian or conservator of the estate, and their person in case of any legal action that needs to be taken, including divorce. Often, such guardians are assigned in the person’s estate plan “by consideration.”

While not a very common occurrence, “by consideration” means that the court can override a nominated guardian if it believes that the guardian is not fit for the role. Furthermore, the court can assign a “guardian ad litem” to protect the best interests of that individual during litigations, and to investigate if extra tools that safeguards the person’s legal interests are necessary.

Some states have legal provisions that allow the use of a legal “guardian” to initiate a divorce action on behalf of an incapable person, legally known as a “ward.” Not all states allow it though simply because applicable statutes don’t exist in those states. Often, the belief is that divorces, especially high-asset ones, are too personal to entrust to a third party.

To find out more, speak to a knowledgeable attorney in your local area for advice on legal guardianship and divorce actions.

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.

Keywords: Durable Power of Attorney, high asset divorces, legal guardianship

What stem cell research is trying to achieve for spinal cord injuries is how embryonic stem cells can help victims by regenerating damaged nerve cells and other materials needed to restore the correct transmission of electronic signals between the brain, to the spinal cord, to the nerves and back.

Accidents especially those that involve motor vehicles, sports and premises negligence can cause severe injuries. Often these injuries have long-term debilitating consequences that could limit a person’s ability to perform physical tasks, among others.

Many accident victims who are suffering from spinal cord injuries and paralysis are seeking out possible medical treatments that could potentially bring normalcy and physical functionality back. The good news is that such a solution could be in the works through stem cell research.

Stem cells are studied because they have properties that support growth regeneration from a single fertilized egg which replicates exponentially to form embryonic stem cells.

Considered taboo before, the recent popular opinion on stem cell research has changed with more people, including government agencies, actually supporting it. In previous decades, it had to go through many obstacles as well as clinical ups-and-downs before it became accepted as a serious scientific branch.

Such acceptance may very well open doors to many medical breakthroughs and scientific discoveries -- one that could change the lives of accident victims, particularly those suffering from spinal cord injuries

Stem cells are studied because they have properties that support growth regeneration from a single fertilized egg which replicates exponentially to form embryonic stem cells. If continued, this embryonic stem cell will go on to form a living being – which is why the study has been morally controversial in the past.

What stem cell researchers are trying to achieve for spinal cord injuries is how embryonic stem cells can help victims by regenerating damaged nerve cells and other materials needed to restore the correct transmission of electronic signals between the brain, to the spinal cord, to the nerves and back.

This ambitious endeavor is proving to be very successful in many clinical studies on non-human samples. Actual human tests are in the horizon. If human testing proves successful, then a cure could be found for spinal injuries in the near future. Such will also open the possibilities to treating the myriad of other injuries and diseases common and currently untreatable.

With continued positive support, then research will resume, too.

keywords: spinal cord injury, stem cell research, embryonic stem cells