The Feast of All Saints by Anne Rice
Summary
In this novel, Anne Rice introduced readers to the 1840's world of free people of mixed
racial heritage in New Orleans. The novel describes the community of free men of color living
within the laws of the white men that surrounded them. The novel is the encounters of the
characters where they must accept that they have different rights with those of the white men.
The main character is Marcel, a child born to a mullato woman- a derogatory term for
people who are born of one white parent and one black parent; and a rich plantation owner.
Marcel is considered to be a boy of privilege and a free man, but he is not accepted in both
worlds where he exists. Marcel struggles with the racial injustice and the betrayal of his own
father after, breaking his promises. Marcel’s mind was open to the harsh reality of discrimination
when he met Christophe. From then on, he dreamt of being in Paris where he can think true
freedom can be attained.
Christophe is a learned and educated man schooled in Paris. He feels that he needs to
help the community in which he was raised. He often thinks that freedom is given to him by
studying in Paris no longer exists. He is troubled by how his fellow countrymen adapt to the
wrong system and accepted the reality as part of their life.
Marie is the sister of Marcel. She has pale fair skin that she is often mistaken for white.
She is an epitome of beauty in their community that sometimes led her to be shunned. Her
character in the story revolves around a custom called plaisage. The practice is that a young
woman of color who would be the mistress of a white gentleman and he would provide, and
protect her as and her children. But, unlike any other girls, Marie wishes to be married to a
colored man and is thought lowly for this choice.
The jealousy of her fellows led her to be raped, making her disqualified for the plaisage.
Worse is, she can accuse the white man who raped her, and she was not defended by her father.
Her father’s brother-in-law tried to defend her honor because according to their custom, no
colored man should duel a white man. If persisted, that rationale of the duel must be based on her
worth and not her honor. Conflicts on decisions arose because as a white man, he was raised with
the notion of slaves. He has fallen in love with a young colored woman who is the mother of her
son. He is faced with the responsibility to turn the system favourable to his son in the future.
In conclusion, the “Feast of All Saints” is a fascinating novel that portrays inequality,
discrimination and the racist atmosphere that saturates America's environment.
Issue No. 1 (Criminal)
Whether the act of the whiteman constitutes rape.
Yes, the act of the whiteman constitutes rape.
The Article 266-A of the Revised Penal Code defines when and how the felony of rape is
committed, to wit: Rape is committed –1) By a man who shall have carnal knowledge of a
woman under any of the following circumstances:(a) Through force, threat or intimidation;(b)
When the offended party is deprived of reason or is otherwise unconscious;(c) By means of
fraudulent machination or grave abuse of authority; (d) When the offended party is under twelve
(12) years of age or is demented, even though none of the circumstances mentioned above be
present.2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person. However
Article 266-A, 1(a) and 1(c) of the RPC as amended by R.A. No. 8353 or the Anti Rape Law
require the use of force, threat, intimidation, fraudulent machination or grave abuse of authority
by the offender before the act can be considered as rape.
The present case is a manifestation of a rape, where there is carnal knowledge, and the
intimidation due to the present situation of women and race is oppression .
Case Synthesis
The Philippine Supreme Court has made progressive rulings relating to the concept of
consent in rape cases.
It has ruled that the moral character of the victim is immaterial in proving the crime of
rape; that sexual intercourse, albeit within the realm of marriage, if not consensual is rape
(People v. Jumawan, G.R. No. 187495, 21 April 2014);and that even a prostituted person may be
a victim of rape (People v. Espino, Jr., G.R. No. 176742, 17 June 2008; People v. Penilla, G.R.
No. 189324, 20 March 2014).
It also pronounced in several cases: that the law does not impose a burden on the rape
victim to prove resistance because it is not an element of rape; that the failure of a rape victim to
offer tenacious resistance does not make her submission to the accused’s criminal acts voluntary
(People vs Suarez, G.R. No. 201151, 14 January 2015); and that a rape victim’s experience is
subjective and not everyone responds in the same way to an attack by a sexual fiend (People v.
Lomaque, G.R. No. 189297, 05 June 2013).
It has also ruled that there is no stereotypical form of reaction for a woman when facing
a traumatic experience, such as a sexual assault (People v. Achas, 189324, 20 March 2014); and
that even the existence of an illicit affair between the accused and the victim does not, on its
own, rule out rape as it does not necessarily mean that consent was present (People v. SaysotCias, G.R. No. 194379, 01 June 2011)
Issue No. 2 (Constitutional)
Whether racial discrimination is violates the equal protection clause of the constitution.
Yes, Racism and Discrimination violates the equal protection clause of the constitution.
Article III, Section 1 of the 1987 Philippine Constitution provides that “No person shall
be deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws”. The equal protection clause is against undue favor and
individual or class privilege, as well as hostile discrimination or the oppression of inequality. It is
not intended to prohibit legislation which is limited either in the object to which it is directed or
by territory within which it is to operate
The present case describes the how the right and privilege of whitemen in contrast with
that of the mixed racial heritage. The privilege of being named for example, is an unequal
treatment to children whether legitimate or illegitimate.
Case Synthesis
In Ichong v. Hernandez, G.R. No. L-7995 (1957) the equal protection of the law clause is
against undue favor and individual or class privilege, as well as hostile discrimination or the
oppression of inequality. It is not intended to prohibit legislation which is limited either [by] the
object to which it is directed or by [the] territory within which it is to operate.
The Constitution does not require absolute equality among residents. It is enough that all
persons under like circumstances or conditions are given the same privileges and required to
follow the same obligations (Tiu v. CA, G.R. No. 127410 ,1999); and that equal protection
simply requires that all persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed (Phil. Judges Association v Prado, G.R. No.
105371 ,1993)
To assure that the general welfare be promoted, which is the end of law, a regulatory
measure may cut into the rights to liberty and property. Those adversely affected may under such
circumstances invoked the equal protection clause only if they can show that the governmental
act assailed, far from being inspired by the attainment of the common weal was prompted by the
spirit of hostility (Mirasol vs. DPWH, G.R. No. 158793, 2006)
Consequently, a rule do not infringe on the equal protection clause if it is based on a
reasonable classification intended to protect, not the right of any business or trade but the
integrity of government property,( NPC v Commercial Pinatubo G.R. No. 176006, 2010);
In Victoriano v. Elizalde Rope Workers’ Union G.R. No. L-25246 ,1974 the Court
declared :The guaranty of equal protection of the laws is not a guaranty of equality in the
application of the laws upon all citizens of the [S]tate. It is not, therefore, a requirement, in order
to avoid the constitutional prohibition against inequality, that every man, woman and child
should be affected alike by a statute; as Equal protection is not absolute especially if the
classification is reasonable. (Farinas v The Executive Secretary G.R. No. 147387, 2003)
Measuring the World by Danies Kehlmann
Summary
German-Austrian author Daniel Kehlmann’s historical novel, Measuring the World
(2005) is a fictionalized life story of the German mathematician Carl Friedrich Gauss and the
German geographer Alexander von Humboldt. The novel is based on their two separate belief of
how knowledge comes from exploring the world and how it is developed through mathematical
equations and texts.
In 1828, the lives of the two crossed during the German Scientific Congress in Berlin.
However, their background was far from how they are raised. Humboldt was born in 1769 in
Prussia. He belongs to a wealthy family and was groomed for greatness from an early age. He
finds himself as a young scientist who helps mining companies to gain more profits. And spent
the 5 next years traveling World after the death of his mother for whom he has little affection.
Gauss, on the other hand, comes from different circumstances. Born in 1777, Gauss hails
from a poor family and with parents who never went to school. Though he rose on economic
adversity, Gauss begins he was a number geek on his young days. When he was a teenager, he
unleashed mathematical discoveries, and at 21, he writes the Disquisitiones Arithmeticae, which
still persists to this day.
Their hobbies grew with their belief. Humboldt, took daily measurements of the world,
dismantling and reassembling instruments, and, exposed himself to the physical environment.
These made him a Universalist. As for Gauss, he silently studies the celestial bodies. Both of
them tried to measure the world.
Daniel Kehlmann gave some spice on the novel especially on the personal life of the two
scientists. Gauss planned for suicide but aborted the plan after his love was accepted. Humboldt
remained solitary and never married throughout his life. Gauss, on the other hand, considered
marrying his mistress after the death of his first wife, whom he loved more than his second wife.
He married his second wife to take care of his children. Gauss is disappointed with his children
as they could not meet his expectations. Gauss’ work is sedentary which in contrast with
Humboldt who created a network with strangers. Humboldt dislikes his mother and never cried
when his mom died. Gauss, on the other hand, loved his mother, for him, mother comes first and
only then come others.
In the novel, both scientists became successful in their field. Gauss described and
accurately predicted the precise date and time of a planet. In which he started studying and
working in the field of astronomy. Humboldt made science more visual. He developed maps and
analyzed the world geographically and not historically. One of his main discoveries is the
Natural canal that connects Orinico and Amazon. This work inspired Darwin who authored the –
“Origin of Species”.
In conclusion, the book is an interplay of contrasting derivative for knowledge. Humboldt
firmly believed that to become a scientist, you have to travel. Gauss philosophy, on the other
hand, is observation and deep thinking is enough. Despite these contrast, both became the
greatest scientists, which proves that the end does not justify the means.
Issue No 1. (Labor)
Whether Humboldt leaving for work for personal growth is a breached of the employee –
employer relationship.
No, there is no breach of employee-employer relationship with his leave of absence.
The law provides that in order for an employee-employer relationshiop to be breached it
must resolve the following assumptions or the control test: 1) the selection and engagement of
the employee; 2) the payment of wages; 3) the power of dismissal; and 4) the employer’s power
to control the employee’s conduct
In the present case, where it is assumed that Humboldt met the employee-employer
relationship with the mining company, his act of leave for absence is a not a breached of his
employment, as he was properly consented by the company.
Case Synthesis
The “control test” constitutes the most important index of the existence of the employeremployee relationship that is, whether the employer controls or has reserved the right to control
the employee not only as to the result of the work to be done but also as to the means and
methods by which the same is to be accomplished.
An employer-employee relationship exists where the person for whom the services are
performed reserves the right to control not only the end to be achieved but also the means to be
used in reaching such end. (Pacific Consultants International Asia, Inc. v. Klaus K. Schonfeld,
516 SCRA 209). Control test calls merely for the existence of the right to control the manner of
doing the work, not the actual exercise of the right.” (Dy Keh Beng v. International Labor and
Marine Union of the Philippines, et al., 90 SCRA 161.)
Therefore, a person is still considered an employed when a claimant’s request for a leave
of absence in lieu of being fired is granted even if the leave is for an indefinite period(Golden v
Huron Valley Schools, Docket No. 83-258818-AE, April 25, 1984 ). A “waived rights leave of
absence” is not a leave of absence. (Urban v Secretary of State, Docket No. B85 13293
102223W, 1986.
While it agreed that habitual absenteeism without official leave, in violation of company
rules, is sufficient reason to dismiss an employee (CAVITE APPAREL, INCORPORATED vs
MARQUEZ, G.R. No. 172044 2013), absences for good cause in violation of an employer’s
no-fault attendance policy do not constitute misconduct (Nichols v Auto Club Services, Inc,
Docket No. 14-001823-AE, 2015 . The management can merely exercise its prerogative to
choose which penalty to impose upon employee( Japos v Farm Coop, G.R. No. 208000, 2017).
Issue No. 2 (Criminal)
Whether Gauss’ mistress may held liable under the law
No, Gauss’ mistress is not liable under the law.
Article 334 of Revised Penal Code of the Philippines defines concubinage and explicitly
provides for the penalties to be imposed upon erring individuals: “Art. 334. Concubinage – Any
husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse,
under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in
any other place, shall be punished by prision correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.”
In the present case, in order to obtain liability on the part of the mistress, it is necessary to
establish by proof beyond reasonable doubt that Gauss is either keeping a mistress in the
conjugal dwelling; or having sexual intercourse, under scandalous circumstances, with another
woman; or cohabiting with another woman in any other place. The present case, Gauss, did not
cohabit with her mistress, though it was made to believe that Gauss is much more inlove with her
mistress than her second wife, the facts did not provide any evidence of cohabitation between the
two.
Case Synthesis
The word cohabit has many different meanings, each depending upon the sense in which
it is used. To "cohabit" means to dwell together, inhabit or reside in company, or in the same
place or country. Specifically, "to dwell or live together as husband and wife," often with
reference to persons not legally married, and usually, but not always, implying sexual
intercourse. (Cox vs. State, 23 South., 806; 117 Ala., 103; 41 L.R.A., 760; 67 Am. St. Rep., 166
[quoting Cent. Dict.].
The mere cohabitation by the husband with a woman who is not his wife characterizes
the crime of concubinage. The first in an offense against civil status which may be prosecuted at
the instance of the state; the second, an offense against chastity and may be prosecuted only at
the instance of the offended party. (People of the Philippines v Schneckenburger, Et Al. G.R. No.
L-48183, 1941)
It may be true that concubinage is not much better than adultery and that the two crimes
are similar in nature. (Maulit v Samonte, G.R. No. 34484, 1930), both crimes were regarded as
of a private nature which might be extinguished at any time by condonation (United States v.
Rivera and Vitug 28 Phil., 13)
If it is Nowhere does it appear that she has consented to her husband’s immorality or that
she has acquiesced in his relations with his concubine he is guilty of concubinage.(People of the
Philippine v Francisco, G.R. No. 32663,1930). Having condoned and/or consented in writing, the
plaintiff is now undeserving of the court's sympathy (People vs. Scheneckenburger, 73 Phil.,
413).
While the moral stigma connected with concubinage may be tolerated in a private person
by those who are not fastifious, it is intolerable when the concubinage is committed by a judge
and even if the spouse of the judge allegedly condones the offense. (Virrey v Veloso, A.M. No.
809-MJ, 1978)
Ermita by F. Sionil Jose
Summary
Ermita by F. Sionil Jose is a novel on Prostitution and the putrefaction of the nation. Set in the
1940s, the novel revolves around the life story of Ermita Rojo. She was born to a rich maiden,
Conchita raped by the Japanese during the Japanese occupation. She was named Ermita after,
her mother thought of being asked where she came from, instead of the asking for her name.
Her mother married a US citizen and Ermita was left with the nuns. After discovering that she is
the daughter of the Rojo family, she insists to live with her aunt Felicitas. Ermi then is taken into
the family and was sent to an exclusive girls' school, while serving as a maid and living in the
garage with the other servants. Abused, needy, and denied by her heritage, Ermi's hatred of the
Rojo family grows and plans for her revenge.
In contrast, with how the character Ermita sells herself in order to rise out of poverty. In the
present-day, Ermita, nowadays is famous as a red light district.
One of the characters in the story is Rolando Cruz. After college, he became a prostitute of
principles. The idealist in college and who fought the Japanese as a guerilla became a public
relations consultant advising Americans and Japanese on how to invest in the country.
Sometimes he acts as a pimp for business clients where he first met Ermi. Ermita, is one of the
most expensive prostitutes, sex with hundreds of men so she can be rich, a plan to revenge for
the Rojos.
The main focus of the novel is not about the personal life of Ermita. She was being used in the
novel as a metaphor, about the country, its condition, and its putrefaction. The novel speaks
about prostitution and obscenity of the culture and tradition. Ermita is the major character in this
novel, knew to a Fabulous prostitute, a woman wronged, is no different from professionals who
sell their idealism statesman, entrepreneurs, writers, journalists and even in academics.
In Conclusion, Ermita sad and biting explanation on Philippine society pre- and post- World War
II, as brought to life by the story of a woman who went from rags to riches.
Issue No. 1 (Mercantile)
Whether Foreign owned company is allowed in the Philippines
Yes, foreigner may own a company in the Philippines subject to certain qualification.
Under the Foreign Investments Act of 1991 (“FIA”), a foreign investor is generally
allowed to own 100% of any local business enterprise. However, the Philippine Constitution and
certain statutes provide some limitations as to the extent to which foreigners can own and operate
businesses in the Philippines. Certain industries such as mass media, retail trade, private
securities agencies, cockpits, manufacture of firecrackers and other pyrotechnic devices and the
practice of professions are wholly nationalized and do not admit of any foreign ownership. The
advertising industry admits up to 30% foreign equity; while public services such as
telecommunications and transportation services are allowed to have up to 40% foreign equity.
While retail is reserved exclusively to Filipinos, the Retail Trade Liberalization Act permits
foreign investment under certain conditions.
On the present case, the businesses Roland Cruz, is proposing to the foreign investors met
the qualification of FIA since by then the law was not created. It can also be gleaned in the novel
that amongst the business he offer is mass and print media which can be owned by the foreign
investor in a certain degree.
Case Synthesis
The following are considered foreign investors: 1.) Citizens of a country other than the
Philippines;2.) Partnerships or associations not wholly owned by Filipino citizens; 3.)
Corporations which are either: a. Organized under Philippine laws, of which Filipino citizens
hold less than 60% of the voting shares in the outstanding capital stock; b. Organized under
foreign laws and sanctioned as doing business in the Philippines by the Corporation Code, of
which Filipinos own less than 100% of the outstanding voting capital stock.
A foreign corporation is one which owes its existence to the laws of another state, and
generally, has no legal existence within the state in which it is foreign. In Marshall Wells Co. vs.
Elser it was held that corporations have no legal status beyond the bounds of the sovereignty by
which they are created. In the Philippines foreign corporations are allowed such privileges,
subject to certain restrictions, arising from the state's sovereign right of regulation.
If a foreign corporation engages in business activities without the necessary requirements,
it opens itself to court actions against it, but it shall not be allowed to maintain or intervene in an
action, suit or proceeding for its own account in any court or tribunal or agency in the Philippines
(Avon Insurance v CA, G.R. No. 97642, 1997), if a foreign corporation, not engaged in business
in the Philippines, is not barred from seeking redress from Courts in the Philippines, a fortiori,
that same corporation cannot claim exemption from being sued in Philippine Courts for acts done
against a person or persons in the Philippines. " (Facilities Management Corporation vs.
Leonardo Dela Osa, et. al.)
In the case of Antam Consolidated, Inc. v. CA, the Court noted that it is a common ploy
of defaulting local companies which are sued by unlicensed foreign corporations not engaged in
business in the Philippines to invoke the latter’s lack of capacity to sue.
While it is essential to uphold the sound public policy behind the rule that denies
unlicensed foreign corporations doing business in the Philippines access to our courts, it must
never be used to frustrate the ends of justice by becoming an all-encompassing shield to protect
unscrupulous domestic enterprises from foreign entities seeking redress in our country.
(STEELCASE, INC.vs DESIGN INTERNATIONAL SELECTIONS, INC., G.R. No. 171995
, 2012)
Issue No 2. (Civil)
Whether, Ermita can be adopted by her mom who is a US Citizen
Yes, Ermita can be legally adopted by her mom even though she became a US citizen.
RA 8552 provides Any alien possessing the same qualifications as above stated for
Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of
the Philippines, that he/she has been living in the Philippines for at least three (3) continuous
years prior to the filing of the application for adoption and maintains such residence until the
adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office
or any appropriate government agency that he/she has the legal capacity to adopt in his/her
country, and that his/her government allows the adoptee to enter his/her country as his/her
adopted son/daughter: may adopt a child.
In this case, Ermita can be adopted by her mom,since her mom is a a former Filipino
citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity.
Case Synthesis
Adoption is geared more towards the promotion of the welfare of the child and
enhancement of his opportunities for a useful and happy life (RP v Toledano, G.R. No. 94147
1994); Adoption has, thus, the following effects: (1) sever all legal ties between the biological
parent(s) and the adoptee, except when the biological parent is the spouse of the adopter; (2)
deem the adoptee as a legitimate child of the adopter; and (3) give adopter and adoptee reciprocal
rights and obligations arising from the relationship of parent and child, including but not limited
to: (i) the right of the adopter to choose the name the child is to be known; and (ii) the right of
the adopter and adoptee to be legal and compulsory heirs of each other (PETITION FOR
ADOPTION OF MICHELLE P. LIM, GR. NOS. 168992-93,2009)
Being a legitimate child by virtue of her adoption, a child is entitled to all the rights
provided by law to a legitimate child without discrimination of any kind, including the right to
bear the surname of her father and her mother, as discussed above (IN THE MATTER OF THE
ADOPTION OF STEPHANIE NATHY ASTORGA, G.R. NO. 148311, 2005) Not only would
the adoption introduce a foreign conflicting element into the family unit, but it would, in the
present case, result in the reduction of the legitime of the son to the benefit of the prospective
adoptees, who are not forced heirs of the would-be adopter, thereby producing an indirect
disinheritance in a manner not authorized by law (Jamora v OSG,)
It may be contended that the adoption of an acknowledged natural child is unnecessary
because there already exists between the father and the child the relation of paternity and filiation
which is precisely the purpose which adoption seeks to accomplish through legal fiction. But it
should be borne in mind that the rights of an acknowledged natural child are much less than
those of a legitimate child and it is indeed to the great advantage of the latter if he be given, even
through legal fiction, a legitimate status. And this view is in keeping with the modern trend of
adoption statutes which have been adopted precisely to encourage adoption (In re Havagord’s
Estate, 34 S. D. 131, 147 N. W. 378). Under this modern trend, adoption is deemed not merely
an act to establish the relation of paternity and filiation but one which may give the child a
legitimate status. It is in this sense that adoption is now defined as “a juridical act which creates
between two persons a relationship similar to that which results from legitimate paternity and
filiation” (4 Valverde, 473).