Mediation

I am currently going through a mediation proceeding with the Department of Trade and Industry.  I had written a letter-inquiry in respect of Administrative Order No.  10-04 which provides, among others, that “commencing July 1, 2012, any supplier can no longer issue and/or sell gift certificates/checks/cards that contains an expiry date. Holders of such unused and unexpired gift certificates after June 30, 2012 shall be entitled to replacement after revalidation by the supplier.” 

Instead of receiving a response, I was summoned to face off with the supplier of the GCs.  Maybe because of my legal training, I welcomed such opportunity.  I am not at liberty at this point to disclose the details of my complaint.  Under the rules, information obtained during the mediation proceedings are kept confidential.  I have attended two hearings to date.  The Mediation Officer has conducted the proceedings in an effective and efficient way. She is strict but at the same time helpful.  She is only given by the rules a limited amount of time to resolve the dispute. The respondents have been very professional as well. The atmosphere during the hearings are pleasant and non-adversarial. During the first hearing, a department manager appeared for the supplier. He was somewhat fazed that I was a lawyer.  So in the subsequent hearing, he brought with him his CFO and an external counsel. The third and hopefully final conference has been set for the second week of November. 

The pertinent mediation rules in the resolution of inquiries or complaints for violations of the Consumer Act of the Philippines are contained in DTI Administrative Order Nos. 05 and 07, series of 2007.  These rules are in line with the Alternative Dispute Resolution (ADR) Act of 2004 which seeks to promote party autonomy in the settlement of disputes.  Rather than getting a third party adjudicator, the parties are encouraged to discuss the issues with candor so that it is their mutual decision that will eventually prevail.  

Under the rules, an initial mediation hearing shall be set not later than five working days from receipt of the complaint.  And a recommended maximum of three mediations shall be held within 30 to 45 days from the date of the initial conference.  If an agreement is reached, it shall be signed by the parties and the same shall become final and executory.  If the parties are unable to settle, then the case will be submitted for arbitration.  

So far, my experience with the mediation process has been highly satisfactory.  I hope to write more about it in a future column.

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Saints and souls: I have always wondered why Filipinos visit their dearly departed on Nov. 1 which is All Saints Day (our “Todos los Santos”) instead of Nov. 2 which is All Souls Day (our “Araw ng mga Patay”). After all, the latter is officially termed as “The Commemoration of All the Faithful Departed” by the Catholic Church. 

Apparently, many Catholic and non-Catholic countries practice the tradition of trooping to the cemeteries to remember their loved ones. Our version was probably copied from the Mexicans. They call their holiday as “Dias de Los Muertos” or the “Days of the Dead” with Nov. 1 dedicated to departed children (Dia de Los Inocentes or Angelitos) and Nov. 2 to the other deceased.  The Mexican practice is to build mini-altars (where they place the favorite fare and beverages as well as mementos of the departed (sounds more like a Chinese tradition) which are called Ofrendas. We supposedly derived the local monicker “Undas” from such term.  While the Mexican and Filipino traditions focus on the gathering of family and friends, ours is also less elaborate as we are content in bringing flowers and/or lighting candles. And with the increase in cremations and the internment in columbaries, it has become impractical to hold family reunions.  

Communing with the souls serves a dual purpose. On the one hand, the prayers of the faithful on earth are supposed to help purify those that are in what we Catholics call purgatory.  On the other hand, there are those who seek the intercession of holy souls so the latter are incentivised to return to earth by laying out their favorite things.  

But returning to the original question of why Filipinos visit their dearly departed on “All Saints Day” and not on “All Souls Day,” I could not find a ready answer.  But let me venture two possible reasons.  First, being a religious people, Filipinos want their souls to eventually become saints.  Second, being practical people, it is better to visit on the first day so that people will be able to rest the following day.

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Halloween:  I found out a few interesting facts about Halloween which I wanted to share. Oct. 31 was the last day of the Celtic calendar and Celts believed that the souls of the dead would roam around during this pagan holiday. Gifts were offered to good spirits to seek their help for a bountiful harvest and given to evil spirits to pacify or befriend them. This later on evolved into the practice of trick-or-treating. In the eighth century, Pope Gregory III designated Nov. 1 as “All Saints Day” (the night before was called “All Hallows Eve”) to partly capitalize on this pagan belief in the hope that this will make it easier for them to convert to Christianity. Nowadays, Halloween is a secular celebration characterized by activities that introduce children to the world of spirits.  

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Greetings: Birth anniversary best wishes to former Ateneo Blue Eagle Olsen Racela. I do not know him personally but I was told that his first name was derived from and brought about by his being born on “All Saints” day.  I was also told that his brother, FEU Tamaraw’s head coach Nash, was so-named because he was born on “National Heroes” day (not on Ash Wednesday?). A third brother is named Wally was supposedly so-baptized because when he was born- “walang” holiday.    

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“To live in the hearts we leave behind is not to die.”

    – Thomas Campbell

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