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The qualities of a truly educated man
1Bataan. Go PPPs By Alberto Agra
PPP Lead
Razzel Ann Vergara
DEBIT CREDIT
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hat really constitutes education? How can we tell whether a person is educated? Is being educated purely a function of one’s ability to memorize or exhibit grammatical prowess? Are there certain books that you have to read? Does it mean graduating with highest honors in a very reputable institution? Or does it mean being prepared to join the work force? Do you need to have an advanced degree in order to be considered welleducated? These are some of the recurrent questions in intellectual scheme. When you hear the word “educated”, you can surely give your own different definition, like academic, intellectual, literate or knowledgeable. But being educated does not necessarily mean having abundant general or specialized knowledge. It does not only mean having an undergraduate or advanced degree. As Ramsay MacDonald said: “The educated man is a man w ith cer tain subt le spir itua l qualities, which make him calm in adversity, happy when alone, just in his dealings, rational and sane in the fullest meaning of that word in all the affairs of his life.” If we ponder on with this definition, we can see that education is not only about the accumulation of knowledge, whether professional or vocational, but matters of behavior or values. The acquisition of knowledge is valuable for it makes us virtuous and happy. But we should not use our knowledge merely for material success in life. Then what are the qualities needed to be remarked as a truly educated man? Let us elaborate on MacDonald’s definition. An educated person remains calm in adversity. He is self-aware. He knows how to perceive and manage his own internal states of emotions. He has the ability to face and control unpleasant situations instead of being controlled by them. He remains calm even when mistreated by other people who dislike him. He has the ability to conceptualize and solve problems from multiple perspectives. He knows how to resolve conflicts with other persons. He has the flexibility to admit when he is wrong. He has the capacity to endure and persevere. He is not easily defeated by misfortune or failure. He knows how to withstand discomfort in the short term in order to achieve his goals. An educated person stays happy even if alone. He is happy and joyful. He has a cheerful disposition most of the time and is willing to share his joy with others. He considers open-mindedness to be a virtue. He values being open to new ideas and opinions and entertain them. He can control his pleasures. An educated person has ethical values and integrity. He is just in all his dealings. He has the ability and the discipline to do what is right. He is committed to the systematic pursuit of truth. He has the ability to discern truth from error. He does not become arrogant and corrupt by his success and glory. An educated person is rational and reasonable. He has the ability to reason analytically and critically. He has the ability to think clearly and independently and has good judgment. He k nows how to acqu i re knowledge and skills and make productive use of it. He is innovative and adaptable to changes. He is devoted to a set of principles. He defends his beliefs and if proved to be inconvenient, he is able to
“The educated man is a man with certain subtle spiritual qualities, which make him calm in adversity, happy when alone, just in his dealings, rational and sane in the fullest meaning of that word in all the affairs of his life.” If we ponder on with this definition, we can see that education is not only about the accumulation of knowledge, whether professional or vocational, but matters of behavior or values. The acquisition of knowledge is valuable for it makes us virtuous and happy. But we should not use our knowledge merely for material success in life. ,debate confidently and calmly. He does not blindly accept what he is being told and knows how to make his own decisions. He is not self-centered. He has equal esteem for everyone, without regard to gender, race, religion, country of origin and so on. He has the ability to see connections among disciplines, ideas and cultures. He understands human nature and able to maintain and improve relationships. He knows how to cooperate and collaborate effectively with others to get their trust and respect. An educated person is also a persuasive leader. He has developed a personal philosophy that will allow him to be happy. He has the discipline to constantly improve and the ability to pursue lifelong learning. Summing up, an educated person is someone who has been educated in a holistic manner: spiritually, morally, physically and intellectually. A person possessing these qualities is admirable, but I was wondering if this can be adopted by the present world. Unfortunately, many of us would abandon this rational argument. But if we were better educated, we would know that an educated person has a commitment to the rational process of finding truth, and a commitment to self-examination and articulation of truth. Last, we would understand our responsibility in helping to remedy the shortcomings of this society. We have an obligation to make this world a better place than when we found it. Razzel Ann Vergara is involved in accounting for construction projects and taxation of Vinhar Construction and Marketing. She is a Certified Public Accountant. This column accepts contributions from accountants, especially articles that are of interest to the accountancy profession, in particular, and to the business community, in general. These can be e-mailed to boa. secretariat.@gmail.com
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nd governance is not without a goal. PGB’s mission and vision set the why—“Excellent public service toward a better quality of life for all.” In order to have better, not just good, quality of life for all, not just for some, all must be part of the team. 1Bataan is that team.
1Bataan is more than a battle cry, slogan or logo. It is a way of life of an organized collective. A testament to this is the adoption and implementation of a common developmental strategy from the provincial level, city and municipal levels, even at the barangay level. Bataan province, Balanga City, 10 of the 11 component municipalities and all the 237 barangays
within the province, have embraced public-private partnership (PPP) as a program, so that the whole of Bataan, not just its parts, by 2020, will be the “preferred location for eco-industrial investments leading to the highest Human Development Index in the Philippines.” Provincial Ordinance 02, Series of 2013, titled “Integrated PublicPrivate Partnership Code of the Provincial Government of Bataan”,
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Bataan province, Balanga City, 10 of the 11 component municipalities and all the 237 barangays within the province, have embraced PPP as a program so that the whole of Bataan, not just its parts, by 2020, will be the “preferred location for eco-industrial investments leading to the highest Human Development Index in the Philippines.” enacted during the time of former governor Tet Garcia, is the enabling or “parent” framework that made this happen. This is surely a first in Philippine history, even in the world, this columnist believes, where PPP is formally advocated down to the basic units of the bureaucracy. Also noteworthy is the fact that this province-led approach is in sync with the thrust of the Department of the Interior and Local Government. Under Memorandum Circular
120-2016, barangay-level PPPs are encouraged as a means to respond to the needs of the people. Being responsive is exemplified in the seven PPP projects of the PGB, all of which are joint ventures with the private sector. The two awarded projects are Bataan Government Center and Central Business Hub and Development, Operation and Maintenance of the Bataan Terminal Complex. In various stages of the competitive process are five projects, namely, establishment of dialysis centers in the district hospitals of Bataan; lease and development of the former Bataan Thermal Power Plant; establishment of engineered Sanitary Landfill; establishment, operation, management and maintenance of the Mariveles Hospital; and the next-generation transport-ferry system. The challenge has been posed. We hope that all provinces, cities, municipalities and barangays will follow suit. Let PPP be a truly bottom-up initiative. Go 1Bataan. Go 1Philippines.
property of only one spouse). Under Article 96 of the Family Code, the administration and enjoyment of the Absolute Community shall belong to both spouses jointly, but in case of disagreement the husband’s decision shall prevail. If the wife objects to the husband’s decision, she has to go to court. The perceived unfairness of this regime makes it an undesirable choice of property regime—hence, future couples opt to choose in their prenuptial agreement the conjugal partnership property. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties, unlike in the Absolute Community of Property Regime where both spouses jointly administer even the exclusive property of the other spouse. The Family Code (Article 110) enumerates what is deemed exclusive property: 1) That which is brought to the marriage as his or her own; 2) That which each acquires during the marriage by gratuitous title; 3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouse; and 4) That which is purchased with exclusive money of the wife or of the husband. Under Article 110 of the Family Code, property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donespouse as his or her own exclusive property. In the absence of designation, the donated property shall be owned and shared alike. Thus, if for example the parents give property to only their daughter (whether before or during the marriage), that donated property belongs only to the daughter (not her husband)—but the fruits of the donated property (e.g., rental income) belong to both the wife and husband. Property bought on installments paid partly from exclusive funds of either or both spouses belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership (Article 118, Family Code). Because of the differences between the Absolute Community of Property and Conjugal System of Property Regimes, it is important that future couples decide before marriage on what property regime they desire. A prenuptial agreement is always desired to preempt quarrels over properties or inheri-
tance. A minor who is old enough to get married (18 and above) can enter into a prenuptial agreement, but this is valid only if the parents/ guardians consent and are made parties to the prenuptial agreement. Once a prenuptial agreement is executed, it cannot be modified except if the modification is done prior to the marriage. Postmarriage modification of such settlement can take place only where: (a) the absolute community or conjugal partnership was dissolved and liquidated upon a decree of legal separation; (b) the spouses who were legally separated reconciled and agreed to revive their former property regime; (c) judicial separation of property had been had on the ground that a spouse abandons the other without just cause or fails to comply with his obligations to the family; (d) there was judicial separation of property under Article 135; (e) the spouses jointly filed a petition for the voluntary dissolution of their absolute community or conjugal partnership of gains. Parents who want to make sure that their sons or daughters are marrying for love (and not because the other party is looking at the future spouse’s inheritance or wealth), have resorted to prenuptial agreements. To some, this takes the romance out of marriage and makes it appear “transactional”. While the relational impact of the proposal and execution of a prenup is arguable, no one can deny the practical use and economic security it provides to the spouses involved. As they say, marriages are made in heaven, but bitter separations and relationships gone sour happen here on Earth. Prenuptial agreements aside, it is a good time (this month of Valentines) to be reminded that marriage is a special contract of permanent union between a man and a woman with the basic objective of establishing a conjugal and family life (Article 1, Family Code). The unique element of permanency of union signifies a continuing, developing and lifelong relationship between the parties. Toward this end, the parties must fully understand and accept the implications and consequences of being permanently united in marriage. And the maintenance of this relationship demands from the parties, among others, determination to succeed in their marriage. Indeed, marriage is not about money or properties, it is about heartfelt understanding, acceptance, cooperation and support for each other—fortunately or unfortunately “until death do we part!”
Prenuptial agreements Atty. Lorna Patajo-Kapunan
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legally speaking
ack in the old days, prenuptial agreements were almost unheard of in the Philippines. Perhaps, our aversion to this concept stems from our culture of modesty and false pride in that we tend to bloat our sense of self, yet, at the same time, we also take pride in being generous and hospitable to a fault. However, we are quick to realize now that even matters of the heart hold value—monetary value. In the Philippines, being a Catholic country and, in fact, the only remaining country (outside the Vatican) that does not allow divorce, marriage is placed on a pedestal that to “taint” it with practicality and to an extent, deal with marriage as if a merger of assets of sorts, trumps the Filipino’s grandiose and, at times, unreasonable perceptions of love and of what it means to become partners for life. Somehow, for some people, the idea of having to execute a “prenup”, as it is colloquially known, is an insult and a show of distrust by a loved one. In recent years, however, we have been audience to a number of painful, meant-for-the-circus and pocket-draining divorces between and among celebrities and private individuals, mostly in the United States, which underscores the importance and the real social value of a prenuptial agreement. As a consequence, we have become more open to the discussion of the subject of prenup, and have in fact adapted the trend quite smoothly. From the very word itself, a prenup must be executed prior to the marriage. No prenup may be entered into by the parties after the marriage and, thus, any and all modifications in the settlement of the property relations of the spouses may only be made with court approval. A prenuptial agreement is basically a contract between the future spouses, which governs and determines the rights and obligations of the parties relative to all properties, including future properties to be acquired, brought by each party into the marriage. Since a prenup is a contract, it follows that the requisites for the validity of contracts should also obtain. Prenuptial agreements must be entered into voluntarily. They should be in writing. They can be set aside for lack of consent, fraud, coercion, mistake, undue influence or bad faith. In order to be effective against third persons, they must be notarized and recorded in the proper registries of properties for the protection of creditors and
in the local civil registry, where the marriage is contracted. The future spouses may choose that their marriage be governed by the regime of absolute community of property, conjugal partnership of gains, complete separation of property, or any other regime, as long as agreed to and validly entered into by them. Under the Family Code of the Philippines (which became effective in August 1988), unless a valid prenuptial agreement has been executed by the parties, the parties shall be governed by the regime of absolute community of property. The community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter, with a few exceptions, such as property acquired during the marriage by gratuitous title (i.e., inheritance), property for exclusive and personal use of the party, and property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, including the fruits, as well as the income, if any, of such property. Prior to the Family Code, the Old Civil Code provided that in the absence of any prenuptial agreement, the regime of property is the conjugal system of gains— the husband and wife place in a common fund only the proceeds, products and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties (paraphernal properties for the wife/husband’s capital). The prenuptial agreement, to avoid any confusion or legal battle in the future over inheritance, must explicitly state what regime of property the future spouses want. It must be understood that in a system of Absolute Community, all the properties owned by the spouses (past, present and future) belong to Absolute Community and is shared equally by husband and wife (even if it is inherited