Musings of Don Kishote….

I saw the movie ‘A Mighty Heart’ about the account of Marianne Pearl regarding the kidnapping and killing of her journalist-husband Daniel Pearl in Pakistan.

I would say Angelina Jolie deserves whatever award she got for the role.

But hey, this is not a movie review.

What touch me in the movie is that within the first week that Daniel Pearl has been confirmed kidnapped, the French Embassy (Marriane is French) and American Embassy were all-out in their support to Marianne and in finding Daniel.

The American government provided high-level support also that made it possible for Pakistani police and security services to conduct their massive and effective operations to uncover the people behind Pearl’s kidnapping. To think that Pearl is journalist (and a Jew) in a volatile Islamic country.

Now, fast forward.

If Pearl is Filipino, you can be sure that the government would only issue some trite press release about the kidnapping. And when it is over (as in the victim is killed), the government will most likely slap a ban on Pakistan for being a security risk country.

But did US and France put a ban on Pakistan for the incident? Nope. Not even a travel warning, which they casually release against travel to Southern Philippines…

And this is where it is sad to note about the state of government support that we OFWs get when one of us is in distressed. We surely heard about stories on how our own embassy staff or officials are pimping the female OFWs in distressed because their is no official budget for them. And how emabssy officials tell ME OFWs not to rescue or provide relief to runaway/distressed OFWs so as not to violate the host country’s law or offend the employers.

These days, OFWs in Middle East are occupied in their thoughts about the plight of 2 housemaids sentenced to death.

I believe that we should stop deploying domestic help to most Middle East and Arab countries (with the exception of UAE) because of the poor record of their nationals in treating our OFWs there. It is right to slap a TOTAL BAN against Iraq, Afghanistan, Lebanon, Egypt and Jordan. But the same TOTAL BAN on domestic help should be implemented in Saudi Arabia, Kuwait, Qatar.

Just for a measly 200 dollars a month, they put their lives in jeopardy the moment they leave the Philippines for these countries.

I saw one documentary in Al-Jazeera about how many Sri Lankan maids in Lebanon got killed or committed suicide because of abuses of their employers. But they kept coming. And the NGOs and Christian organizations there are complaining about the lack of action from Lebanese government and Sri Lanka’s lack of regulation for the protection of its overseas workers.

Why is the Philippine government not putting a TOTAL BAN against the sending of domestic helpers to these countries???

And so, how many more Filipinos need to die senselessly in these countries in the name of OFW remittance and to escape from abject poverty back home?

I hope we do not forget these fallen OFWs on the 2010.

 

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http://globalnation.inquirer.net/news/news/view/20080414-130370/OFW-vows-to-take-care-of-3-Filipino-kids-orphaned-in-Kuwait

 

 

 

i go around nigeria and i noticed that the big business, manufacturing and construction companies are owned either by Indians or Lebanese. Okay, in Lagos the Chinese are into restaurant, manufacturing companies and casinos. Lebanese are into gaming, casinos, construction, manufacturing and import/export. Indians are into import/export, telecoms, stores, restaurants, and manufacturing plants.

And where are the Filipinos situated in Nigeria? Workers… OFWs..

One Lebanese friend told me that from his village in Lebanon, all the richest men made their money from Nigeria. And that any young man is considered not cool if he has not been to Nigeria. They consider Nigeria as a sort of extended village of Lebanon and the ‘way’ to get rich. All they need is guts and right connections.

I wonder why Filipinos are not interested in investing in Nigeria.  Among Asian countries, only the Chinese and Koreans have strong business presence.

This considering that Nigeria welcomes foreign investments with open arms.

Business Opportunities

Do you know Nigeria is facing the Atlantic Ocean? And yet, fish supply is negligible and the country sometimes need to import fish from neighboring countries. The ’sardinas’ here is labeled ‘Product of Thailand’. The squid and oyster-in-can are ‘Product of Indonesia’.  Why? Because the fishing industry in Nigeria has not reached commercial capacity despite its rich fishing grounds. This is good area for investment, fishing and canning.

Nigerian are the largest consumer of alcoholic and non-alcoholic beverage in West Africa. Guiness beer and malt products are the number one here. Heineken is brewed by the Nigerian Brewery, which also produces Star, Gulder, and Guiness Stout. The sweetened malt-based drinks are also big hit among the locals. I am sure San Miguel will be able to challenge Nigerian Brewery products with SMB Pilsen, Cerveza Negra and Red Horse beer. Along the way, we can copy the sweetened malt drink and market back to Philippines.

Nigeria’s telecoms is anchored on wireless providers. Landline (NITEL) is almost nil because of the decaying telecoms infrastructure and corruption. So the mobile providers makes big money. Despite the presence of several mobile companies, they are still unable to provide sufficient service, with all the busy trunks and delayed SMS, and service shutdown. Smart, Globe and Sun will make waves here.

Internet access is exclusively wireless (radio and sat). Internet cafes cannot offer internet gaming because of the low bandwidth that is offered by companies. Indians are doing well with IT companies and corporate telecoms requirement.

There is a rumor that KFC might be coming to Lagos. For now, the only foreign named fastfood chain is that of Nando’s (South Africa). I don’t know if the Nigerian goverment purposedly protect the local fastfood industry from foreign competition since I never saw any western-brand fastfood chain here. But Jollibee in Victoria Island and Abuja will sure beat KFC and McDonald’s (if ever it comes to Lagos also.)

Ice cream, fruit shake, pearl coollers will also make good business in Nigeria because the raw materials are cheap. Magnolia and Selecta will make a sorbetero out this Fan Ice Cream here.

You will see the testament of Nigeria’s heyday by the numerous junk cars (european brands) on the roads and in junkyards. Piles of washing machines and fridges also. I think in those times, Nigerians imported almost everything leading to the collapse of local manufacturing capability. Steel mill factory and metal recycling is a good opportunity here.

Solid Waste management & Recycling is also a promising business in Nigeria. The use of cellophane and plastic bottles has cause a blight on the environment that 80% of the tons of trash is made up of these materials.

Construction is big business in Nigeria. Not only of commercial buildings but also government road projects. The leading company is Julius Berger Plc where more than half of its expat staff are Filipinos. Lebanese are also big players in construction. There are many abandoned constructions all over Nigeria. Some reasons is the spriraling prices of cement and construction materials and government stopping the construction because of haphazard structural design and shortcutting the mix of materials (some buildings collapsed).  Since the Nigerian government is already familiar with Filipinos in construction industry, the entry of Filipino construction company will be welcomed and stands a big chance of getting big projects.

Indians controlled the major port of Apapa. In fact, there are streets in Apapa named after Indian places, like Bombay Circle.. From stowage, warehousing, transporting and ship chandling. But as you know, there are Pinoy seamen in Nigeria, especially in oil-rich delta, manning ships that handle transports of crews, supplies and oil.

Medical and Education sector also promises big business in Nigeria. HMOs are also a growing industry here.

Improved mode of transportation is just beginning to be implemented. With protests from the small time operators who used dilapidated vans and rolling coffins they call ‘Molue’ buses. Recently, the Lagos state has started deploying modern Benz buses to run on major thoroughfares. So far, reception is lukewarm and it takes few passengers, mainly because the van drivers have made threat against the use of such buses. Hino Nissan (Santarosa?) and FMC can do business here to build big buses.

With more than 5000 OFWs here, i heard numerous clamor for a ‘balikbayan’ box business. One Pinoy attempted to establish it and there were plenty of OFW customers. Unfortunately, the attempt ended in disaster when the Nigerian contact turned out to be a 419 scammer and ran away with the money. There are reputable Nigerian freight forwarders that Filipino cargo forwarders can partner with. I hope LBC or JRS will be encourage to come to Nigeria.

Consider this, OFWs in Nigeria are all professionals. There are no domestic helpers (nannies), nurses and doctors. Most work in oil companies, airlines, construction, and manufacturing companies. So imagine the spending power of these pinoys.

If the Lebanese and Indians made millions here by making/risking investment, why are Filipino entrepreneurs afraid to invest in Africa in general, and Nigeria in particular?? 

Well, for starter, the government should consider a Presidential State Visit to Nigeria. Madam Arroyo would go down in history as the only Filipino head of state to have visited an African state. This will also allow a creation of economic cooperation between Nigeria and Philippines.

The State visit will also let our “friends and supporters” in DFA, POEA, DOLE and OWWA to see and hear the real status of peace and order in Nigeria, not just the oil regions, so they will know that the present TOTAL BAN is illogical. Maybe the Philippines will end buying bunker oil from Nigeria at discounted price.

Then maybe create a Philippine-Nigeria Business Cooperation Office, to facilitate  mutual investments by both Filipinos and Nigerian investors.

It is a requirement in Nigeria to have a Nigerian in the management level. Better if there is a reputable partner. While their are unsavory business practices in Nigeria, but is nothing unusual to us Filipinos — just the same as in Philippines.

For the record, i only know two FILIPINAS owning a business enterprise in Nigeria. In Lagos, there is a doctor married to a Nigerian, and they operate a big hospital. In Enugu, another Niger-wife and a former doctor who hails from Cebu, owns a specialty bakeshop.

Well then, i hope that more OFWs will use their hard-earned money to re-invest either in the Philippines or in their host country where they have residency.

 

  Practical Suggestions on How to Pass the Bar
by John P. Virgino

Graduation for law students is so anti-climactic. As if the spartan life we have lived the past four years is not enough, we still have to gear up and march to the Coliseum and wage an even greater battle. The fight is filled with uncertainties, for when we step into the ring, we are on our own. There is no assurance that we would emerge as victorious Gladiators cheered upon by the crowd, or be the next Happy Meal for the royal lions.

The first thing a reviewee must do is to accept this reality. Studying for the bar is one big marshmallow test. It would entail a drastic change in habit and lifestyle. Sacrifices must be made. The sooner you accept it, the better you could cope with the bar exam’s demands and challenges.

As Sun Tzu once said, the art of war includes knowing ones enemy. The number one enemy that a bar reviewee must confront is his fear - of the unknown, the anxiety as to what lies ahead. It is human to fear what one doesn’t understand. So, the main goal of this exercise is to help you understand what the bar is. I hope this article could serve as a map that would aid you conquer the bar’s perilous terrain.

The tips contained herein are not foolproof. Its objective is modest-it is simply to pass the bar. Most of the suggestions contained here were culled from my experience. However, to give it some credibility, I also included the effective habits of fellow reviewees, as well as sound advice from previous topnotchers (Macel and Raj).

I. PREPARING FOR THE BAR

· Set your goals and devise your own strategy on how to do it. When you have no gameplan, you simply conform and follow what the others are doing. This can be dangerous.

· Strategize and maximize. Follow the Pareto principle. Each one is given more or less the same amount of time to study. You must be able to manage your scarce resources. Concentrate on your critical few, the 20% input that would produce 80% of your output.

· Organize your materials ahead of time. Buy the right books and review materials.

Political Law -Outline by Nachura
Labor Law- Azucena’s Everybody’s Labor Code and Alcantara
Civil- Jurado
Taxation -Dan Calica’s Reviewer
Commercial -Miravite/Villanueva
Criminal -Ortega Notes
Remedial -Regalado
Legal Ethics -Aguirre

STARTER KIT

a good and sturdy bookstand
a good lamp, white light
a cubicle made from illustration boards, this would give you privacy and minimize distractions (for student lounge people)
earplugs, to block off noise. It also sends a signal to noisy co-reviewees to shut-up
vitamins/supplements
notebook, index cards
a good supply of highlighters
post-its. The tags can be used to divide the material, which can mark your goal for the day. By breaking the books into parts, it makes reading more manageable.
II. STUDYING FOR THE BAR

· Master the codal provisions. This is a minimum requirement. You can never go wrong with this strategy.

· Manage your time according to the weight of the subject. Not all bar subjects are created equal.

· Prepare a tentative schedule for your bar review.

· Adjust your body clock. Sleep early, start early. Some reviewees even go to the extent of simulating the bar month by making Monday their rest day (since Mondays are brain-dead days during September)

· Have a study buddy so that you can have a benchmark. This would help pace yourself, giving you the extra push to study. Your study buddy must have good study habits. She need not be your girlfriend.

· Learn the art of answering the bar. Study how bar questions are phrased and how it should be answered.

The bar questions are crafted differently from the usual law exams we have. Look at the Suggested Answers published by the UP Law Center. Some questions repeat over time so make sure you get the survey of bar questionnaires to concentrate on areas, which are favorite sources of questions.

· While studying for the bar, take down notes and prepare your mnemonics. Whether we like it or not, the bar is a memory game, and there is no substitute for memorizing.

· Emphasis should be made on the quality of your study time and not the amount of hours you spend studying. Don’t be obsessed with the number of pages you read in a day. The problem with being obsessed with the number of readings is that you are tempted to postpone your understanding of the material since at the back of your mind, you intend to second and third read it any way. Next thing you know, it is already bar month and you’ll be cramming all the information in your head.

· Read to understand and not for the sake of simply reading. Reading can become a mechanical exercise. Most reviewees brag that they have read their bar materials three times. Don’t be alarmed. Some read faster than the others. However, speed-reading should not be done at the expense of comprehension. It is better to have one good reading than have three lousy readings.

· Less is more. One important faux pas to avoid is the temptation of reading a lot of materials. We have this thinking that five months should be spent reading all the materials we can get. Anything less would make us feel guilty and insecure. You may read all you want, but remember that you should not spread yourself too thinly. The truth is, the bar is composed of only 30-40 questions per subject. You must be conscious of the fact that the examiner will grade you solely on the basis of the way you answer these questions. The fact that you read all the commentaries would be immaterial.

· Practice good handwriting skills. This is important. Your exam may be readable to your law professor, considering that he is checking around fifty bluebooks. Imagine multiplying it by one hundred. Bar examiners are humans too. Their patience could be equated as inversely proportional to the number of bluebooks they will be checking. The bar examiner might not have the forebearance to decipher your encrypted hieroglyphics.

III. CAVEATS

· Learn the proper way of highlighting materials, since you will re-read the materials. Highlight only the important words and phrases. Avoid highlighting everything since it defeats the very purpose of highlighting in the first place.

· Read carefully. Don’t accept everything you read as gospel truths. There are a lot of errors that you need to correct in your reading materials. Also, make sure that the law you are reading is udpated.

· Avoid the Maricon virus (the syndrome of photocopying all the materials that one can get his hands into. A tribute to Maricon, the xerox empress) like the plague. The next time someone flash you a candidate material, think twice. Inspect the materials carefully and determine if you truly need it, or whether you will be able to read it. Photocopied materials give us a false sense of security. We justify this photocopying spree saying that you need the option of being able to read it if your time permits it. The danger lies in the fact that if we have too many materials at hand, it might overwhelm us and reduce us into a state of helplessness. It also make us lose our focus. Added to this, is the sense of inadequacy if we failed to finish our ambitious reading list.

· Rumors are just rumors. In the duration of the bar review (even after), be wary of the rumors that would spread. One example is that you will hear that this person is the examiner, so the next step you will take is to ask if he has written a book so that you can buy it. We have this standing theory that the one responsible for spreading these rumors are the book publishers who wants to increase their book sales. Don’t believe these rumors! Be aware of the fact that you are extremely vulnerable as a reviewee. Withhold belief even when the person tells you that the information comes from a “very reliable source.” With respect to knowing who the examiner is, don’t preoccupy yourself with it. As a co-examinee bluntly puts it, in spite of the fact that we know our law professors, we still could not predict the questions that they ask during finals. This is the same case with the bar examiners.

· Hot tips are not hot, even if they are stamped confidential. Tips are overrated and you should take it with a grain of salt. It caters to a reviewee’s psychological need, a placebo. Even if you did not receive any hot tips, don’t despair. You can do good without it, maybe do even better.

IV. RECOMMENDATIONS

· Should you enroll in the bar review classes? Well this is open to debate. I enrolled in the bar review classes because my philosophy then was never to shortchange my review. I told myself that six thousand pesos might spell the difference between passing and failing. Enrolling would preclude me from blaming myself, in the unfortunate event that I fail, thinking that I would have passed if only I enrolled myself. However, I was disappointed with the way review classes were conducted. The lectures could be boring and slow at times. Listening is a skill, it drains too much energy and takes too much of your time. Sometimes, you will be deluded into believing that your understanding mirrors that of the lecturer. Your option would be to just borrow the materials from a co-reviewee and have it photocopied. Take time to sift through the materials and segregate the materials you think might be useful.

· Should you billet yourself in a hotel? I talked to my classmates who did not stay in hotel and they said that they were more relaxed. If you decide to stay home, think of these two things:

a. how to receive the tips (if you still think it is indispensable) b. how to get to the examination area on time (6 am ideal)

If you decide to stay in a hotel, I suggest that you don’t share a room, to minimize movements and distractions.

· Study in the student lounge. Personally, I think my stay there has helped me pass the bar. The daily interaction with fellow reviewees, the jokes, small talks and power naps form part of the student lounge experience. It has definitely kept my head above water in those grueling five months. There, we found humor in our collective misery.

· Exercise. It is normal to gain weight during the bar review. We reviewees use eating as a mechanism to deal with tremendous stress. I eat five full meals during the bar, excluding merienda, because I used eating as an excuse not to study. Don’t worry, you will shed the unwanted fats after the bar review (I did say my advice is not foolproof right?) To deal with this, some co-reviewees enrollled in gym classes. Others simply jog around the academic oval. Exercise improves blood and oxygen circulation, even when it only means a walk to the vendo machine.

· In the duration of the review, pamper yourself once in a while. This is part of stress management, to combat the possibility of burnout.

V. IMPORTANT REMINDERS

· During the night before the exam, try to get a good night rest. Bubble bath. Drink a warm chocolate. · Ask someone (your bar buddy) to prepare your food. Grab a sliced Subway so that you can eat and read in the afternoon within La Salle.

· Be sure to bring all the papers (exam permits, I.D). It is suggested that you buy a transparent envelope and hang it in your neck (with a fancy ID holder) so that you won’t lose these important documents. This is simple but this would be very helpful, as it would reduce unnecessary stress.

· Bring a jacket or umbrella.

· Do not bring your celphones inside La Salle and avoid the hassle of depositing it.

· Go to La Salle early to avoid the madness in the hotel lobby. Know in advance which gate you would have to go to.

· Choose the materials you think you have to read in the interim before the exam. Bring only these materials, lest you want to subject yourself to a panic attack. Remember, you need to relax yourself.

· Never leave your blue book, switching is not a remote possibility

· Bring mineral water, sweets/chocolates as brain boosters during the exam.

VI. DURING THE BAR EXAM

The thirty minutes before the exam after the proctor told us to bring our things in front was really nerve-wracking. Imagine staring blankly at your co-examinees and whispering to yourself that the minutes could have been productively used reading codal provisions.

· After the distribution of the exam questionnaire, scan the questions. Compute the number of questions and allocate your time accordingly. Remember that it is okay if you feel you don’t know the answer. This is the so-called information rush. Breathe and allow things to settle down.

· In answering bar questions, take a deep solid breath and process the question. Be responsive and try to answer clearly and directly. Cite legal provisions or case law to support your arguments. If you don’t know the exact provision, cite a provision that you think comes close. It is rare that you know all the answers to the questions, don’t fret. In the event that you don’t know the answer, guess, but support it with legal arguments or case law. Use good English to mask your ignorance. My experience with the bar is that even if I know the answer, I had difficulty answering because I wanted to craft and formulate my answer in the best possible way. Be conscious of time, make sure to start writing, never mind if it is not as grand as you initially wanted it to be.

· Skip questions you are not sure of the answers. Just be sure to get back to it. Review your answers, make sure you answered all the questions sequentially.

VII. AFTER THE BAR EXAM

· Learn how to compartmentalize. Even if you didn’t do well in one exam, don’t despair. Don’t let the bad feeling affect your performance in the next exam, otherwise it will not only be one subject you will have to worry about. I avoided discussion of answers with fellow reviewees. It is cathartic for some but it is depressing for most. I personally believe that the exercise is very counter-productive. It only depresses us more to know that our classmates were able to eloquently answer the questions we thought was difficult. Often, our co-reviewee approached the legal problem from a different angle and we tend to blame ourselves for failing to see it the way he did.

· Be contented with your answers. You have already submitted your bluebook have already done everything from your end. It is already up to the examiner to appreciate your answers. It is futile to feel sorry. Sure you could have answered better but it is sad that it always seems to dawn only after you submitted the booklet. Remember that given the limited time we had, we may have failed to give our best and most rational answer. The ratio of last clear chance comes to mind.

· Sweet Surrender. Pray and trust in the Lord Almighty. As a friend puts it, the bar is a humbling experience. It is impossible to control all the factors that would guarantee our passing the bar. Undergoing the bar experience makes us more keenly aware of our limitations as human beings. Within the limited time we have, we can only study and prepare so much. I believe that there is more to the bar than the bar questions we need to answer. The real exam is surviving the four Sundays without cracking from the tremendous pressure the whole exercise brings. In the course of writing this article, I may have committed some mistakes, grammatical or otherwise - my apologies. For whatever this article might lack in logic and coherence, is made up for with a genuine and sincere desire to help you hurdle and pass the bar.

Goodluck to all of you!

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Taken from Pinoylaw.com Message Board.

http://p082.ezboard.com/bpinoylaw74510.showUserMgr?language=EN