CASE DIGEST: Vera vs. Cuevas (G.R. No. L-33670, May 31, 1979)

Facts:

This case arose from a dispute involving a contract for the sale of a property. Vera, the seller, entered into a contract with Cuevas for the sale of a piece of land. The contract included specific terms about the price and payment schedule. Cuevas later failed to comply with the agreed-upon payment terms, prompting Vera to file a case against him for breach of contract.

Cuevas argued that his failure to comply with the payment schedule was excused under a general provision in the contract that allowed for flexibility in certain payments. He contended that the general phrase in the contract about "unforeseen events" allowed him to delay payment, claiming that his financial difficulties fell under this category.

Vera, on the other hand, insisted that Cuevas had no valid reason to delay payment, and that the specific terms in the contract governing the payment schedule should prevail. Vera argued that Cuevas’s interpretation was incorrect and that Cuevas was liable for breach of contract.

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Issue:

Did Cuevas validly invoke the general clause in the contract to justify his failure to comply with the specific payment terms?

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Ruling and Application of Maxim:

The Supreme Court ruled in favor of Vera, finding that Cuevas was liable for breach of contract. The Court rejected Cuevas’s interpretation of the contract and held that the specific terms governing the payment schedule should take precedence over any general clauses.

Ejusdem Generis:

Cuevas attempted to rely on the general clause in the contract that mentioned "unforeseen events" to justify his delay in payment. However, the Court applied the maxim ejusdem generis, which states that when a general term follows a list of specific items, the general term should be understood as limited to the same class or category as the specific items mentioned.

In this case, the contract contained specific terms detailing the conditions under which payments could be delayed, such as acts of God or other extreme, unforeseeable circumstances. Cuevas’s financial difficulties did not fall under the same category as these specific exceptions. The Court ruled that the general phrase about "unforeseen events" must be interpreted in light of the specific exceptions listed in the contract, and since Cuevas’s financial problems did not qualify as an "unforeseen event" in the same category as acts of God, he could not use this provision to excuse his breach.

The Court emphasized that in contract interpretation, specific terms take precedence over general terms, especially when the general term is listed after specific exceptions. Since Cuevas failed to comply with the clear, specific payment terms, he was found liable for breach of contract.

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Conclusion:

The Supreme Court ruled in favor of Vera, holding that Cuevas was in breach of contract. The application of ejusdem generis was key in interpreting the contract, as the general clause about "unforeseen events" was limited to the same category as the specific exceptions listed in the contract, and financial difficulty did not fall under that category. Therefore, Cuevas could not use the general clause to avoid liability for his delayed payments.

CASE DIGEST: People vs. Echavez (G.R. No. L-32826, January 28, 1980)

Facts :

Echavez was accused of killing Mario Luna with a bolo following a heated argument. On the night of the crime, Echavez and Luna were drinking when they began to argue. Witnesses testified that after leaving the scene briefly, Echavez returned armed with a bolo and attacked Luna, delivering several blows that led to Luna’s death. Echavez, in his defense, claimed that Luna had provoked him and that he acted in self-defense. He asserted that Luna had initially threatened him, leaving him no choice but to retaliate.

During the trial, the prosecution presented witnesses who saw the events unfold and corroborated the claim that Echavez attacked Luna with premeditation. Based on the severity of the wounds and the testimony of witnesses, the trial court found Echavez guilty of murder, citing the qualifying circumstance of evident premeditation.

Echavez appealed the conviction, arguing that the trial court erred in its assessment of the facts. He contended that he did not act with premeditation and that his actions were justified by self-defense. Furthermore, he argued that the phrase "premeditated" in the statute should be narrowly interpreted to apply only to cases where there was a clear, prolonged deliberation before committing the crime.

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Issue:

Did the trial court err in finding Echavez guilty of murder, considering the elements of premeditation?

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Ruling and Application of Maxim:

The Supreme Court upheld Echavez's conviction. The Court found that the evidence presented by the prosecution sufficiently demonstrated that Echavez acted with evident premeditation. The witnesses’ testimonies, coupled with the nature and number of the injuries inflicted on the victim, indicated that Echavez had enough time to reflect on his actions when he left the scene and returned armed with a bolo.

 

Maxim Ejusdem Generis:

Echavez argued that the term "premeditation" should be narrowly interpreted based on the doctrine of ejusdem generis, which dictates that general words following specific words should be limited to the same kind or class as the specific words. In this case, Echavez contended that "premeditation" should be understood as requiring a prolonged and deliberate plan, rather than a spur-of-the-moment decision.

However, the Court ruled that ejusdem generis did not apply here because the law governing premeditation in murder cases is clear and does not limit premeditation to long-term planning. The qualifying circumstance of evident premeditation requires only that the accused had an opportunity to cool off or deliberate after forming the intent to kill, which was evident in Echavez's case. He had the time to reflect on his actions when he left the scene and returned with a weapon, demonstrating premeditation regardless of how long it took him to decide.

The Court emphasized that the phrase “evident premeditation” is applied when the facts show that the offender committed the crime after planning and reflecting on it. This condition was met in Echavez’s case, as his departure from the scene and return with a weapon indicated that his actions were not merely spontaneous but deliberate.

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Conclusion:

Echavez was found guilty of murder, and the Supreme Court affirmed the trial court’s ruling. The application of ejusdem generis was rejected, and the term “premeditation” was interpreted broadly in line with the statute, encompassing any period of reflection before the crime, not just extended, long-term planning.

Climate change and safety and health at work (a narrative)

WATCH THE RECORDED VIDEO OF THIS EVENT HERE

The current global climate scenario has led to an increase in the frequency and intensity of hazardous exposures, which, in turn, poses a significant risk to the health and safety of workers. This situation is further exacerbated by extreme weather events such as floods, wildfires, and industrial accidents, which have resulted in lost productivity, disruptions in business operations, and damage to infrastructure.

It is of utmost importance to ensure the maintenance of safe and healthy workplaces, given the profound global impact of this issue, affecting workers across various sectors and geographical regions. The timing of the World Day for Safety and Health at Work, emphasizing the significance of this matter, could not be more opportune. Mr. Gilbert Gumbo, Director-General of the International Labor Organization, has underscored the extensive ramifications of the climate emergency on ecosystems and the millions of workers worldwide.

Currently, a staggering seventy percent of workers find themselves exposed to hazardous conditions, including extreme heat, chemical exposure, UV radiation, pollution, and diseases transmitted by vectors. This exposure jeopardizes their physical health and mental well-being, leading to an increase in illnesses such as kidney and heart diseases. Urgent measures are imperative to ensure the well-being and productivity of workers.

The imperative of transitioning to a just and sustainable economy becomes increasingly apparent, given that climate change directly threatens the world of work. The International Labour Organization has long acknowledged this reality, striving to advance social justice and decent work for all in the face of climate-related challenges.

Efforts to mitigate the risks associated with global warming are not only vital for environmental conservation but also for improving productivity. Addressing concerns regarding occupational safety and health alongside climate action has the potential to generate millions of jobs and pave the way for sustainable development.

The impact of climate change on workplaces is wide-ranging, affecting various sectors and workers globally. Prioritizing investments in safety measures to prevent occupational injuries, accidents, and diseases is essential. Upholding international standards, such as those outlined in ILO conventions, is crucial to ensure a safe and healthy working environment resilient to climate challenges.

We acknowledge the important contributions of Natasha Scott, also recognized as #Gracie, and Daphne Papandrea, who played a pivotal role as panelists in contributing significantly to the drafting of this report and overseeing data preparation. We are also grateful for the invaluable support from Balint, Andreas Huber, Lacey Groaning, and Wafa Zanin in producing this material.

The current report provides a comprehensive global overview of the challenges faced by the world, anticipating the release of a follow-up report that specifically focuses on stress shortly. The report highlights the significant impact of the hazards faced by workers globally, including over 2.41 billion workers who are exposed to excessive heat annually, leading to over 1,000 deaths and 22 million occupational injuries, as previously indicated by Joaquim.

This report delves into the methodology behind these figures and discusses non-fatal injuries while emphasizing the central theme of the convergence of various hazards facing workers. The intersection of hazards like solar UV radiation, excessive heat indoors and outdoors, and air pollution often amplifies risks for workers globally. Climate change exacerbates these challenges, increasing vector-borne diseases such as malaria and dengue, affecting regions previously unaffected. Furthermore, the rise in pesticide use further endangers workers, with over 870 million agricultural workers exposed to toxic pesticides, leading to over 300,000 deaths annually.

Extreme weather events, such as wildfires and hurricanes, are also increasing, posing additional risks to workers, especially those in frontline roles like firefighters. These hazards contribute to various health issues, including occupational cancer, respiratory diseases, and mental health issues associated with excessive heat exposure.

While acknowledging the global nature of the statistics mentioned, Halka underscores significant regional variations closely linked to local temperatures. As temperatures rise closer to the poles, approximately 3% of all injuries correlate, whereas near the equator, this percentage escalates to around 10 to the second percent. To provide context, injuries due to falls remain relatively consistent on average, or inversely, three times smaller for workers in temperate regions compared to those in hotter climates.

Recent data reveals a surprising trend in certain regions, such as northern Europe and South America, experiencing a doubling in the rate of injuries over the past two decades. This insight offers a clearer perspective, though more details are available in the report. Halka Gresik, who joins us from Ottawa, played a pivotal role in drafting this report while attending a meeting on the elimination of plastics.

Expressing gratitude for the work done and the opportunity to participate, Halka addresses the pressing issue of worker health and safety. She emphasizes that proactive measures can mitigate these risks without waiting for comprehensive solutions to global challenges. Halka acknowledges the complexity of the crisis, including overlapping hazards and the potential for unseen health impacts, such as neurological disorders and cancers.

Despite these challenges, positive developments globally are evident. Nations and workplaces are implementing various strategies to address hazards like excessive heat. Examples include setting maximum temperature limits for outdoor work, conducting risk assessments for natural disasters, and providing workers with the authority to remove themselves from dangerous conditions. Additionally, she emphasizes the importance of occupational disease lists in recognizing health outcomes related to climate hazards and underscores evidence-based strategies at the workplace level, such as acclimatization periods and access to water and rest.

Halka emphasizes the importance of prioritizing workers and workplaces in climate change initiatives and legislative frameworks. She suggests using existing guidelines and tools, such as those offered by the International Labor Organization (ILO), to guide these efforts. Halka advocates for collective action and the implementation of existing solutions to protect worker health and well-being.

During the discussion, various representatives from different sectors express their gratitude for their participation and their willingness to share their insights and experiences on the discussed topics. These representatives include Krista Mr. from the Federation of Enterprises Belgium, Rory O'Neill from the International Trade Union Federation, Christie Braham from Riego and Shika Basin, and Ruth Wilkinson from the Institution of Occupational Safety and Health.

Christa addresses the question of whether employers and businesses perceive climate change as a problem and what actions are being taken. She acknowledges that this is a significant concern for the business community. Active working groups at the national, European, and international levels, along with leading companies sharing best practices, are already addressing the challenges posed by climate change.

Christa emphasizes the inevitability of change when addressing climate issues from the enterprise perspective. However, it's crucial to distinguish between the macro-level societal impact and the micro-level impact on individual enterprises. Not all enterprises will experience the same effects to the same extent, so messaging and approaches must be tailored accordingly.

Christa stresses the importance of credibility in messaging and the need to focus on specific expectations and contributions from companies. While climate change introduces new challenges, many existing best practices can be applied, and some businesses view it as an opportunity, with new economic activities becoming feasible in previously inhospitable regions.

The primary challenge lies in the precision and effectiveness of measures and proposals, ensuring their alignment with the specific circumstances of individual enterprises. It is imperative to leverage established networks and disseminate best practices, with employers' organizations playing a pivotal role in this collaborative endeavor.

Tailoring our approach to the unique requirements of businesses and enterprises is essential for global outreach. Emphasis should be placed on practical solutions and the utilization of existing interventions and practices that effectively manage the discussed hazards. It is crucial to prioritize input from the workforce, returning to Chris shortly.

Rory from the International Trade Union Confederation (ITUC) acknowledges the escalating severity of familiar hazards such as heat, as indicated by mounting data. The rise in climate-related disasters, including wildfires, storms, and floods, is impacting various industries and compounding pre-existing occupational risks. Notably, climate-related hazards are exacerbating social disparities, leading to heightened vulnerability among marginalized groups. Rory underscores the urgent necessity for action, highlighting the achievability of effective risk assessment and preventive measures.

Workers in the informal economy face amplified climate-related risks due to their exclusion from occupational safety and health policies and the absence of social protections. Christie from Riego sheds light on the obstacles encountered by informal workers, including limited access to healthcare services and personal protective equipment. Gender-specific impacts are also discernible, with women facing increased risks such as violence and harassment. Endeavors to extend fundamental rights to informal workers encompass the integration of occupational health services into primary healthcare and advocacy for the formalization of informal labor.

Shika from the Cool Coalition delves into the dual role of cooling as both a solution and a vulnerability in climate adaptation. While sustainable cooling technologies are available, widespread accessibility hinges on regulatory frameworks and incentives from governments. Ensuring equitable access to sustainable cooling entails collaborative efforts among governments, private sectors, and other stakeholders to prioritize efficient and environmentally friendly technologies.

The establishment of minimum energy performance standards is a critical measure to regulate the supply of emission technology to buildings. These standards take into account the unique characteristics of heritage buildings and how they were designed to cope with extreme heat. It is crucial to adopt sustainable architectural practices and upgrade materials to meet increasing demand. Policy initiatives such as the Kigali Amendment are already targeting high global warming potential gases. To ensure access to thermal comfort, sustainable technologies must be made affordable through deployment schemes and public procurement. City planning should prioritize community-level access to shaded and green spaces to improve quality of life. During a recent conference, Ruth Wilkinson emphasized the importance of occupational safety and health (OSH) in achieving sustainable development goals. She stressed the need for a just transition to green and equitable economies and highlighted the role of OSH professionals in ensuring safe and healthy workplaces amidst climate change. Worker representatives Rory and Christy called for ratification of conventions that address asbestos and other hazards, as well as ensuring a just transition for workers, including those in the informal sector. Collective action and capacity building in OSH are critical to achieving these goals. In closing, emphasis was placed on taking actionable steps to address climate challenges and support workers' safety and well-being.

x__________________________x

Global Event: Climate change and safety and health at work

(Outline)

I. Introduction

-       Increase in hazardous exposures due to global climate scenario

-       Importance of safe and healthy workplaces

-       Significance of World Day for Safety and Health at Work

-       Extensive ramifications of climate emergency on workers worldwide

II. Workers' Exposure to Hazardous Conditions

-       70% of workers exposed to hazardous conditions

-       Jeopardizing physical health and mental well-being

-       Increase in illnesses such as kidney and heart diseases

-       Urgent measures required for well-being and productivity of workers

III. Transitioning to a Just and Sustainable Economy

-       Climate change directly threatening world of work

-       Advancing social justice and decent work for all in the face of climate-related challenges

-       Addressing concerns regarding occupational safety and health alongside climate action has the potential to generate millions of jobs and pave the way for sustainable development

IV. Impact of Climate Change on Workplaces

-       Wide-ranging impact on various sectors and workers globally

-       Prioritizing investments in safety measures to prevent occupational injuries, accidents, and diseases essential

-       Upholding international standards, such as those outlined in ILO conventions, crucial to ensure a safe and healthy working environment resilient to climate challenges

V. Acknowledgments

-       Recognizing important contributions of Natasha Scott, Daphne Papandrea, Balint, Andreas Huber, Lacey Groaning, and Wafa Zanin

VI. Comprehensive Global Overview of Challenges Faced by the World

-       Anticipating release of follow-up report that specifically focuses on stress shortly

-       Significant impact of hazards faced by workers globally

-       Over 2.41 billion workers exposed to excessive heat annually, leading to over 1,000 deaths and 22 million occupational injuries

-       Delving into the methodology behind these figures and discussing non-fatal injuries

-       Emphasizing the central theme of the convergence of various hazards facing workers

VII. Intersection of Hazards Faced by Workers

-       Solar UV radiation, excessive heat indoors and outdoors, and air pollution amplifying risks for workers globally

-       Climate change exacerbating challenges, increasing vector-borne diseases such as malaria and dengue

-       Rise in pesticide use further endangering workers, with over 870 million agricultural workers exposed to toxic pesticides, leading to over 300,000 deaths annually

VIII. Extreme Weather Events and Additional Risks to Workers

-       Increasing risks to workers, especially those in frontline roles like firefighters

-       Contributing to various health issues, including occupational cancer, respiratory diseases, and mental health issues associated with excessive heat exposure.

IX. Regional Variations Closely Linked to Local Temperatures

-       Approximately 3% of all injuries correlate to rising temperatures closer to the poles.

-       Percentage escalating to around 10 to the second percent near the equator

-       Injuries due to falls relatively consistent on average or three times smaller for workers in temperate regions compared to those in hotter climates.

X. Surprising Trend in Certain Regions

-       Northern Europe and South America experiencing nearly doubling in the rate of injuries over the past two decades

-       Offers a clearer perspective, though more details are available in the report

XI. Conclusion

-       Urgent need to address challenges faced by workers globally

-       Importance of prioritizing investments in safety measures to prevent occupational injuries, accidents, and diseases.

-       Upholding international standards crucial to ensure a safe and healthy working environment resilient to climate challenges.

Void in Existence (A short story)

I was walking down the alley of the streets and going back home. Holding the black folding umbrella while the sky is pouring. I had thoughts that kept running into my mind. 

What will I do next? Do I have a plan for myself? Am I just messing with everyone's lives? --- These thoughts weren't here, supposedly, to stay. But it won't leave. 

I reached my house. It was dark, silent, and empty. Its vibes creep me so hard that I am just staying there as I have no other choice. Its darkness is just about the light, but the spirit it imbibes in me. It feels like it is swallowing me whole without even hesitating to stop. Its silence does the opposite as it keeps the unnecessary noises filling my mind. Its emptiness feels like I'm in a desert, alone. 

This was the life that I was living. 

Then, a pandemic happened. The emptiness grew bigger as I was trapped in my house for months. 

As the pandemic unfolded, the emptiness that had once lingered within the walls of my house seemed to seep into every aspect of my existence. Each day blurred into the next, and the once-familiar routine became a monotonous cycle of solitude.

Alone with my thoughts, I found myself questioning the very essence of my existence. Was I merely a bystander in my own life, watching as the world moved on without me? The weight of uncertainty bore down on me like a heavy cloak, suffocating any semblance of hope or purpose.

With each passing day, the walls of my isolation seemed to close in around me, amplifying the echoes of my uninvited thoughts. What if I had never found my place in this world? What if I had been destined to wander, forever searching for something that remained just out of reach?

The emptiness became a void, swallowing me whole and leaving me adrift in a sea of solitude. And as the days turned into weeks, and the weeks into months, I realized that the greatest battle I had faced was not against the external forces that sought to confine me, but against the demons that had lurked within the recesses of my mind. 

With that, it happened.