Friday, July 12, 2013

Unjust judges are roots of rebellion



Unjust judges are roots of rebellion


Unjust decisions are not a story in any country whose justice system is ruled by the jury of the people.  Judges there merely impose the will of the group of ordinary men where the will is given after the trial.

 Moreover, there has been no rebellion in a country where the judges are the people themselves chosen from among themselves randomly and by means of screening procedure to determine who have the capacity to discern factual issues to be able to say which are true and which are not.  Examples of these countries are South Korea, Japan, Australia, England, Canada, Hong Kong, and many others.
 In the Philippines, JUDGES WHO DELAY JUDGMENT ARE A USUAL STORY.

 Worse, equally common in the Philippines are JUDGES WHO ISSUE RULINGS DESPITE IT BEING ELEMENTARY TO BE WRONG IN POINT OF LAW.

 Whatever kind of judges, they are THE CAUSES OF REBELLION IN THE HEARTS AND MINDS OF THE PEOPLE.  They are the reasons why communism and Muslim separation movements have gained footholds in the Philippines. 


The judges who did not punish the Spaniards were the reasons why many Filipinos rebelled against Spain.
 

They are the judges who justify why people complain for injustice and cry out loud that justice is for the rich.

Saying these two judges in Cavite have done enough suffering, discrimination and oppression against them, urban poor residents of Cavite whose hearts are raging for justice against illegal eviction from the respective house-and-lot units they supposedly bought under Pag-Ibig plan did their best to be able to raise money to spend for expensive photocopying of voluminous documents so that their complaint against these magistrates is filed with the Supreme Court.


These urban poor people have been complaining that the developer cancelled their contracts to sell over their socialized houses BY NOT FOLLOWING THE COMMAND OF THE MACEDA LAW. 

What the developer did was it merely declared, unilaterally or by itself alone, the contracts to sell as cancelled without first giving to the urban poor a grace period of 60 days to pay arrears without interest. 


This grace period is MANDATORY under the Maceda Law, or Republic Act No. 6552. 

If after the grace period the buyers failed to pay the arrears, the developer has the right to cancel the contract to sell ONLY by means of giving the buyer a notarized letter expressing the decision to cancel.   


Only after thirty (30) days from the day of the receipt of the notarized letter of cancellation can it be automatically considered that the contract is cancelled.

Note that there is no other way of cancelling contracts to sell in transactions involving buying by installments. Cancellation must follow the Maceda law.

The Maceda Law is very strict because selling real property for houses or otherwise is impressed with public interest.


So that the Maceda Law does not respect whatever is the form of the contract, whether in the form of contracts to sell or real estate mortgage.  As long as the contracts require payments by installments, foreclosure cannot be used to forfeit the Maceda rights of the buyers.

So that members of Camachile Subdivision in General Trias, Cavite have decided to file a complaint before the Supreme Court against two judges.

















 
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