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jurisjonah · 18 days

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(Report 3) Article 1233, Civil Code of the Philippines, Book IV Obligations and Contracts

Article 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be.

Explanation: If someone owes something, like money or a service, it's not considered paid off until they have given or completed what they owe entirely. Let's say Mr. Sabado owed me money for a borrowed sum of 50 million pesos, and he only paid me 49 million, nine hundred ninety nine thousand, nine hundred, ninety nine pesos. According to Article 1233, the debt would not be considered settled until Mr. Sabado has completely repaid the borrowed amount to me.

Assigned Case: TRANSCEPT CONSTRUCTION AND MANAGEMENT PROFESSIONALS, INC., Petitioner, vs. TERESA C. AGUILAR, Respondent. Penned by Justice Antonio Carpio on December 8, 2010

Facts of the Case: Teresa C. Aguilar entered into an Owner-General Contractor Agreement (First Contract) with Transcept Construction and Management Professionals, Inc. (Transcept) for the construction of a two-storey vacation house, located in Canyon Woods, Laurel, Batangas, Philippines which the contract price of ₱3,486,878.64. Aguilar paid a downpayment of ₱1 million on 27 August 2004. Transcept submitted its First Billing, and Aguilar paid ₱566,356. Aguilar received the Second Billing, questioned it, and did not pay. Transcept stopped working on the project. ASTEC, a testing laboratory, found substandard work done by Transcept (Poor quality workmanship, Use of substandard materials, Inadequate adherence to construction standards and specifications). Transcept outlined a program to reinforce or redo the substandard works. Aguilar hired Engr. Anonuevo to ensure compliance with the plans. A Construction Contract (Second Contract, with the contract price of 1,632,436) was entered into to extend completion. Transcept failed to finish by the extended date, alleging additional works ordered by Aguilar. Aguilar filed a complaint before CIAC (Construction Industry Arbitration Commission). Issue/s of the Case: Whether or not: (1) Aguilar is entitled to ₱198,916.02 instead of ₱30,076.72 for unaccomplished works. (2) Aguilar is entitled to liquidated damages. (3) The award of ₱189,909.91 to Transcept for additional works should be deleted. (4) Aguilar is entitled to ₱135,000 for consultancy services. Ruling to the Case: NO to issues 1, 2, and 3; YES to issue 4. The Court agreed with CIAC’s computation of unaccomplished works, as Aguilar did not dispute it initially. There was substantial completion of the Project, so Aguilar is not entitled to liquidated damages but only to actual damages of ₱30,076.72. The additional works were corrections of substandard works and not covered by the Second Contract. Aguilar was awarded ₱135,000 for consultancy services, supported by evidence.

#@motherjudgeprincess

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jean-philippeskyblog · 2 months

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Dave Anonuevo & Aprxii - Let Me Drown (feat. Tonie Enriquez & UTCPLUS8) ...

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juakita007 · 5 months

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Antonio Gramsci: "Odio los días de #AnoNuevo. Caen como plazos fijos que convierten la vida en una preocupación comercial con su balance final. Yo elijo mis pausas. No quiero días de fiesta con ritmos colectivos obligatorios, para compartir con los desconocidos que no me importan.

Espero el socialismo también por esta razón. Porque arrojará a la basura todas esas fechas que no tienen resonancia en nuestro espíritu y, si crea otras, serán al menos las nuestras, y no las que tenemos que aceptar, sin reservas, de nuestros tontos antepasados".

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ehlessandraspsyche · 1 year

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Blog Post 5: alessandra and the terrible, horrible, no good, very bad study habits

Realizations

I’ve always known that my study habits are really not that great and after listening to the Psych O’Clock Habit segment, I’ve realized how much my study habits have been holding me back. Professor Kay Anonuevo really advocated for self-regulated learning which, according to Zimmerman, is where learners transform their mental abilities to academic skills. It is self-directive and requires the student to be proactive and not just reactive to their studies. Self-regulated learning requires consistency, avoiding cramming, and strict adherence to a schedule. Every single thing that I struggle with. I’ve noticed that my study habits are reactive and in response to what is required of me by the nearest deadline. If there is a quiz, I will only really study for it the day before. While it does help with the retention of information (as the information is fresh and recent), my level of understanding is not at the level that I would want it to be. I rarely ever reviewed since my attention during class is focused only on the topic, however, during online classes my last-minute review sessions did not become enough and I found myself not being able to retain information. I felt really “called out” the first few minutes of the podcast when the male host started listing all of my bad study habits one by one.

Oof, you’ve got problems

I recognize in myself that I have terrible attention problems. I find it difficult to start, finish, or even stay focused enough to do a task without feeling some sort of pressure, like a deadline or low grades. I get easily distracted and I often feel restless when sitting down in front of my computer. I need different stimuli such as music or background noise in order to focus completely. Although I am not diagnosed with Attention Deficit Hyperactivity Disorder, I often find myself relating to the struggles of people with ADHD in studying. I also use some of the techniques that they have said to work with them. My attention problems do not mean that I am completely unable to focus as I have these short bursts of hyperfocus on the task at hand that I am often able to complete the task quickly and efficiently. These bursts often come four hours before the deadline. Honestly, I am not exaggerating how terrible I am at beginning and finishing tasks but once I get into the groove of things, I am as efficient as a workhorse. As I have mentioned before, moments of intense pressure also lead me to these hyper-focused states. During hell week, I often find myself cramming many deadlines at the same time. In order to complete all of my deadlines, I create a schedule for myself that I often follow perfectly.

Will it work for me?

Although I can see how self-regulated learning can help, I find that it mostly benefits neurotypical people who have the ability to focus immediately. However, I find that sticking to a routine or schedule helps with my focus as I have already mentally prepared myself for doing that routine. I would need to really train myself in order to commit to self-regulated learning. I would need to set goals that are proximal, which would be time-specific and challenging enough to stimulate my brain. In terms of using socialization as a method to help in studying, I find that when reviewing for an exam, I would need to study alone in order to get most of the concepts. Then, for the social aspect, I would explain it to a friend so that I would be more likely to retain the information. For projects, I find it effective to be in a group call in order to have some accountability and outside pressure to complete the task. Somehow, knowing that my friends are also doing the same thing as me makes me more likely to focus on the task at hand. For the next semester, I would like to try out self-regulated learning to see if it would help me with my abysmal learning habits.

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References:

Psych O’ Clock Habit - Self Regulated Learning. (2010). Psych O’ Clock Habit. Retrieved 2023, from https://iskomunidad.upd.edu.ph/images/2/25/POCH101410.mp3.

What is self-regulated learning?. Develop Self-Regulated Learners. (2017, June 8). https://serc.carleton.edu/sage2yc/self_regulated/what.html

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youblogzz · 1 year

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Filoil Preseason: FEU sends Ateneo crashing to fourth straight loss

FEU’s Cholo Anonuevo. –FILOIL PHOTO MANILA, Philippines—Far Eastern University stunned Ateneo, 60-54, and kept them winless after four games in the Filoil EcoOil Preseason Cup at San Juan Arena on Friday. Defense was the Tamaraws’ bread and butter in the victory that sent them to a 4-3 record, affordingXyrus Torres and Cholo Anonuevo the open looks for 14 and 12 points, respectively. “I always…

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vargan · 1 year

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Improving Study Habits for a Better Outcome

March 26, 2023

Every student has their own study habit. Some prefer to study with short breaks in between, some are inclined with straight, long study sessions but ends with a long rest. Others retain what they read by diligently revising their notes, while some create a concept map of what they learned and miss. Assessing your study habit is vital, especially when you're in college like me. Knowing what you should tweak in your habit may benefit you in the long-term because you're appropriating your study sessions with how you want to study. The main thing in this post is how do I study for my subjects?

MY STUDY HABITS

I am a student that prefers reading course materials one or two days before the actual lecture. I prefer to schedule my timeframe of study and play, so I can be organized as possible. That way, balancing personal and academic work can be a win-win situation for me. However, it's best to note that my study habits is erratic, not consistent. Why? It all starts with my mood and motivation to study. If I don't feel reading the material, I would rather do other things or just slack off. Most of the time, it's the energy that I have throughout the day. As a student that commutes to and from school, my energy level is significantly low as I arrive at home, leaving little to no time for studying. So, whenever I force myself to study with small power, little to no memory retention is acquired.

Aside from motivation and mood, I believe that the most influential in my study habit is the technique. Usually, when I read pre-lecture materials, I shift from reading to paraphrasing what I read into notes. It may seem a good habit to write notes while reading, but the problem arises because I rarely go back to the notes I read nor quiz myself of what I learned. Frankly enough, I find it hard to create my own reviewer on a specific subject, so I always look for a study partner to ask me questions about the lesson, but to no avail. Maybe another factor why my study habit isn't effective is because of my mindset. Reflecting on my study sessions, I actually tend to rush the readings and notes since it's quite a headache to read through myriads of texts in an eye-straining laptop. Thus, my quality of learning is reduced because of rushing. I have been searching for study techniques online such as the Pomodoro, Feynman, and SQ3R, in hopes of achieving the perfect retention and gaining focus and concentration. The thing is, I easily quit one of the techniques, and it's either I did it wrong or it doesn't fit for me at all.

CONNECTING MY HABITS TO OTHER METHODS

As you can see, I have a lot of things to work on with my study habit and the factors behind it. For one, my discipline in studying is problematic. Another would be creating a consistency in my mood and motivation, along with a better mindset when approaching studies. Recently, I stumbled into a radio podcast by DZUP featuring Kay Anonuevo about study habits. Upon listening to the podcast, I gained many insights about her self-regulated learning podcast. She mentioned about metacognition, in which you do it by assessing how you think and learn - so it's more on reflecting about yourself in terms of studies. Looking back to myself, I don't reflect much on what I've read nor learned after one study session, and that is a concerning problem for me. Not only do I just force myself into studying, I see myself not enjoying it at all.

Kay mentioned how important time management is if you don't want to cram at the last minute. The thought of cramming isn't my best option because when I cram, I tend to panic, create less quality outputs, and even regret - regrets that I could have accomplished it on an early date. She gave techniques on how to deal with cramming - first is to create a time schedule of what subjects to study. I have been creating multiple schedules of when should I study, but I was only able to follow half of those schedules. Part of the problem is the energy and motivation I have left throughout the day, as well as the hectic schedule I create with little to no breaks. So, I think I have to reassess myself before creating my schedule.

Self-regulated learning should come with a mindset, as Kay mentioned. It's equally important to have an end-goal while studying, since this serves as my motivation. Maybe my unmotivated self doesn't have a concrete mindset, since the only thing in mind is to finish this subject, which is a short-term goal. The need to change my mindset is a must.

Kay pointed out that having a supportive environment for your studies by removing distracting objects can help improve concentration. Putting on phones in silent can be a helpful strategy. However, even if I make my study place neat, my brain's tendency to wander around is high, so I think that creating breaks should be done or just listen to my needs, that's all. I don't have to rush things.

When Kay mentioned about exerting more effort in learning, she meant by creating supplementary notes and such. Sometimes, I do find myself creating and revising notes, especially when I enjoy the lesson. The problem is, I only exert it when I like a subject, so it's not consistent. What if I have to try other methods like teaching someone the lessons I've learned? Or maybe create a journal to track the concepts I gained?

HOW HEALTH IS CONNECTED TO MY HABITS

Apart from having the discipline to study, recall information, and learn new things, I see that my health habits are connected with my study habits. For example, my lack of sleep can be associated with my decline in concentration and even wandering mind. Lack of sleep can reduce your attention and concentration, which is actually concerning to me (Harvard Medical School, 2014). Even studies found that the relation of academic performance and sleep are directly proportional. Sleeping with better quality actually creates a better memory consolidation and exam performance (Ahrberg et al., 2012). Sleep isn't the only factor that affects how we learn. Even stress, exercise, and lack of a healthy diet has a role in how we absorb information. In stress, I find myself not able to manage my stress well, and my tendency is to quit when the situation becomes dire for me. Because of which, my study habits can be seen as doing requirements and readings in a slow-paced manner. Most of my diet is mainly eating meat and little veggies, so I believe that the lack of different variety of nutrition for my brain to sustain has a factor, and a sign to eat a more balanced meal. In terms of physical activities, I am quite embarrassed to share that I am a sedentary person, so I don't enjoy physical activities. However, if I really want to excel in my studies and make my study habits effective, maybe moving my limbs and strengthening my muscles can strengthen my brain activity as well.

FUTURE PLANS AND IMPROVEMENT IN MY HABITS

The first thing that I want to change in myself when improving my study habits is to have a mindset - a mindset that isn't for the sake of passing, but a mindset that I'll enjoy and learn things, along with the mindset of accepting mistakes and that it's okay to not understand things. Furthermore, I think that creating a fixed mindset is necessary, as it gives me a sense of purpose on why am I studying, in the first place.

One of the important plans I have is learning how to control myself from using my phone and minimizing other distractions while studying. To be honest, technology made me more distracted than I was before, but technology is inevitable, so I have to adjust. I read an article that distraction is caused by internal triggers and external triggers, which are satisfying our negative feelings and cues from our environment, respectively. What I found interesting in this article's technique (Eyal, 2020) is to identify how do I react when having the urge to satisfy my needs, as it can help me manage these urges. Apart from that, I should make it a habit to create my environment study-friendly, and when I mean study-friendly, I have to shutdown social media, silent my phone, and just open two or three tabs, to which I have to focus on.

What I think I should improve more on is rewarding more and being gentle to myself better. I have to be honest here, I am the type of person who is harsh on the mistakes he made, and would lead to feelings of laziness and unmotivation. Listening to my body a little bit wouldn't hurt at all, like if I should take a break, I must take a break. When I was able to study for 1 hour, I should take a short nap as a reward.

As a person who doesn't like exerting much effort, changing that personality would mean a lot for me. Starting today, I have to create more effort when I want to learn things. Creating visual notes, sharing with my friends what I learned, journalling what I can recall, and testing myself are all good choices that I have in mind. Of course, I should start small first to appreciate the beauty behind it. So, for example, this day, I will create a journal about my learnings, an outline and quiz on the next day, and so on. The point is to reinforce that learning I have by applying it to the things I enjoy, reflecting on myself and point out what parts am I lacking.

Observing my health is equally important to stay motivated and retain information. What I think that I should start doing today is creating a workout plan. Exercising does come with benefits in studying. One, it improves cognitive functioning by improving long-term memory and the neurons to be more receptive in learning. It improves mental health, as it improves mood and reduce anxiety, which are common problems that I faced in my old study habits (Brainscape, n.d.). Being able to sleep 8 hours a day would also drastically improve how I approach the materials and readings bestowed upon me, and be able to manage my time better.

Studying isn't always about how you study. There are a lot of factors to think about when you want to have an effective retention of information. It shouldn't be shunned to think about your daily routine as a factor in your mood. And for me, I hope that I will continue to assess myself and learn more about it, as I seek to improve myself day by day into a better version of myself through studies, physical and mental health, and determination.

REFERENCES

Ahrberg, K., Dresler, M., Niedermaier, S., Steiger, A., & Genzel, L. (2012). The interaction between sleep quality and academic performance. Journal of Psychiatric Research. 46(12). pp. 1618-1622. https://www.sciencedirect.com/science/article/pii/S0022395612002786#sec3

Eyal, N. (2020, May 10). Learn HOw to Avoid Distraction in a World That's Full of It. Psychology Today. https://www.psychologytoday.com/us/blog/automatic-you/202005/learn-how-avoid-distraction-in-world-thats-full-it

How regular exercise improves your studying (n.d.). Brainscape. https://www.brainscape.com/academy/exercise-and-studying/

Sharpening thinking skills with a better night's sleep(2014, March 1). Harvard Medical School. https://www.health.harvard.edu/mind-and-mood/sharpen-thinking-skills-with-a-better-nights-sleep#:~:text=When%20people%20don%27t%20get,or%20react%20to%20dangerous%20situations.https://www.sciencedirect.com/science/article/pii/S0022395612002786#sec3

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