bang head here!!!

9:28 pm

dxb time

under purple sheets

So much for stress reduction. I saw this sign for the first time at Tony's, a restaurant near a cinema house where I had a pre-movie snack with my buddies. I don't remember the mall nor the movie we watched but this stupid message stuck to my memory. It sounded really funny that time. But not now. I feel like I really need to bang my head just to free myself of work-related and family pumped stress.

I've been feeling really flushed since last week. If I'm not on the phone screaming at a stupid supplier for not making a delivery on time or around the office chasing some paperwork, I'm staring at my PC concocting replies straight from a convoluted, tired brain. It's the 1st day of the work week and I feel like I've had enough.

Can I just bang my head here??? Here. Now?

in the name of TRUST

3:04 pm

dxb time

Thinking in the dark, I remember that funny movie, "Meet the Fockers" where Robert De Niro played the bride's dad to perfection.

He was an ex-military man enslaved by the urge to be overprotective of his family to the point that he doesn't trust one single human being that gets near his wife and his daughter.

He espoused this inane concept called "circle of trust" with his family and his weird cat as members. Anyone outside the circle must pass certain tests to be admitted to it. Anyway, I don'y pity Gaylord Focker (Ben Stiller) that's why I'm writing this entry. He took care of himself quite well. I would like to hit on the concept of TRUST and how some people survive without even trusting anyone, including themselves.

Funny, but in today's world, trust can mean something that can be bought or cajoled out of us. In some quarters, it stoops down to represent some birth control balloon making sure that reproductive consequences can be avoided. Some trust. Some distrust. Others are sooo crazy about it that they give it to almost anyone. Quite a plenty are incapable of parting with theirs. And worse, others give it away with a price tag.

The list goes on and on you'd realize that most of us stray away from the true essence of assuring full confidence to someone else's ability, character and strength.

I hate Robert De Niro's character in that movie. I don't like the idea of a circle of trust at all. It sounds like a private club with a limited, and a discriminatory criteria of membership. It sounds like a paranoiac tendency to me. I know someone like him. Worse than him in fact. Some twisted mind living in a normal household. Always thinking of the newest conspiracy theory.

TRUST. Beware of the human being who does not trust himself.

been quite awhile

9:38pm
dxb time

Matagal n rin pla since the last time I logged in. I never thought of abandoning this blog. I just had so much in my hands. hehe. or maybe, I was just so tamad. hehehe. dont worry.

wait for the rebirth...

upside down

8:05 pm
April Fools/ 2008
in my purple bed

It's 60 days before I turn 24 and I feel ...different. I have plenty of things in mind. Like building my house, completing my LLB, buying a car, review for the BAR, pass the BAR, get married, be a lawyer....blahblahblah. So on and so forth.

I'm not normally this anxious to gain and achieve things. I have taken a leisurely walk in the path of life. I transformed from risk-chicken to risk-anxious in just a span of 10 months. I don't worry much about the future but I am bothered by how I should make wise use of the present time in my hands. I have plenty. I am bent in striking because the iron is very, very hot.

Days in the office are colored by wishful thinking. Earning a masters degree online has been one of my plans. But I simply couldn't find a university which I feel suits me or my pockets. There simply isn't any!!!!!

Luck, where art thou?

Congrats to the new lawyers!

The results for the 2007 BAR exams were released yesterday. I was so happy to find my good friend's name on the list. Congrats!!!

This reminded me of my honey and mine's plan of reviewing together this summer. As you know, he is well on his 4th year law this June. I'm still stuck as incoming 3rd year but we have this habit of reading and studying together even though we are 6000 miles away. (how sweeet!!!)

I have listed the topics that we will go through and I hope that it will pay off come BAR exams in 2010 for him. Way to go!!!

a slice of me

2:30 am

March 21, 2008

living room

My hair is wet from the quick Jumeirah swim. I am not sleepy at all. The beach was a welcoming experience. I have been sulking for a month in my room. I have resigned myself to the boredom that comprises 80% of my week. While I was immersed in the cool, clear waters, I freed the restlessness in my thoughts. Alas, I felt like the small speck of sand in the universe. My worries were inconsequential. I had no right to feel down much less feel depressed. I am healthy. I am breathing. I am blessed.

Nine months in Dubai and I feel like going home. I keep counting the months. Sometimes I would mutter to God..please let it be November when I get up tomorrow.

Most times, I'd pick a book and never read it. Like the words carefully thought of would jump out of the pages and escape me. It's like staring into nothing. And the nothingness looks back at you. Quite shocking..eerie sometimes.

Just a few minutes ago, I was looking at our pics. I miss him so much. The fact that I have not heard his voice today weakened me. He seems very far and unreachable. I reached into the secret pockets in my mind to save me from paranoia. That is how I am when he seems far. Thoughts of him drown me like the deluge. He alone can save me.

Ramblings. Ramblings in the wee hours of Good Friday.

fire in my being

You are in my thoughts.
beneath me...
above me...
inside me.

You are the hot spring
that sets delicious
liquid fire
to my being.

I can only twitch
my mouth
to make my sweet cries
soundless.

Pray,
pray don't end
this sweet, sweet agony.

xoxoxoxo

19th honey-sary

I still have vivid memories of the day when this pic was taken. Honey did a good job of taking this shot while driving the Kit's bike. We just came from an overnight out of town hang-out with our law school chums. It was drizzling that day. But with him? Its always possible to ignore even the biggest discomfort.

We just celebrated 19 months of being together. Nine months of which was spent apart. See, I had to keep my law books in the shelf when I ventured to join my friends in Dubai. Distance from my one and only love is the opportunity cost.

But who would have thought that the pain and loneliness of separation can make us stronger. We talk everyday. Racking up phone bills and prepaid cards. We email each other 5 times a week. Chat at least 2 times a week. Call each other every single day. We still whisper sweet nothings before we retire for the night. And wake the other one up in the morning.

I'm so blessed to have this person in my life. I love you honey...I wanna grow old with you. I long for the day to finally see you again. Wait for me. :)

shamelessly corrupt

I swore never to write about the dreaded social disease ever again. But it is inevitable. Ever since I learned how to read, corruption, petty or big in scale has been a regular topic in the national broadsheets. Even in small town neighborhood discussions, whispers about corrupt governance is a staple. Corruption is an enemy we have been battling all this time. But its strength snowballs by the minute. Is there hope at all? I'm too afraid to answer.

For the past months, I have avoided reading the papers. If I do, I would skip the front pages for the happier and juicier showbiz gossips. I got tired of the incessant bickerings that define the Philippine political landscape. It has been a constant source of shame. One of the lawyers in the firm I work for asked me one day, "what's wrong with your President?". Or, "was your former President the one accused and convicted of plunder?" Or " I've been to your country, and my, why is it so corrupt?".

My, why is it indeed? How does an honest young Filipino professional contend with the fact that while he is working his ass off as dignifiedly as he could, some stupid old hag and her minions can taint his heritage without much effort.

It's not the country where I want to grow old anymore. Or raise my kids in. Change is a must. It is a shame. A real shame.

The Art of Wordly Wisdom

The Art of Wordly Wisdom is a collection of maxims written by Baltasar Gracian y Morales (aka Baltasar Gracion) said to be popular all over Europe. The maxims cover various topics usually suggesting ways to a better disposition in life.

I picked some maxims that appealed to me for this post.

"Character and intellect: These are two poles of our capacity; one without the other is but halfway to happiness. Intellect is not enough, character is also needed. On the other hand, it is the fool's misfortune to fail in obtaining the position, employment, neighborhood and circle of friends of his choice."

"Avoid outshining your superiors. All victories breed hate, and that over your superior is foolish or fatal. Preeminence is always detested, especially over those who are in high positions. Caution can gloss over common advantages. For example, good looks may be cloaked by careless attire. There are some that will grant you superirority in good luck or in good temper, but none in good sense, least of all a prince - for good sense is a royal prerogative and any claim of superiority in that is a crime against majesty. They are princes, and wish to be so in that most princely of qualities. They will allow someone to help them but not to surpass them. So make any advice given to them appear like a recollection of somthing they have only forgotten rather than as a guide to something they cannot find. "

"Cultivate relationships with those who can teach you. Let friendly intercourse be a school of knowledge, and let culture be taught through conversation. Thus you make your friends your teachers and mingle the pleasures of conversation with the advantages of instruction."

"Knowledge and good intentions. Together they ensure continued success. A fine intellect wedded to a wicked will is always an unnatural monster. A wicked will poisons all perfections; helped by knowledge it only ruins with greater subtlety. It is a miserable superiority that only results in ruin. Knowledge without sense is doubly folly."

"Keep your imagination under control. You must sometimes correct it, sometimes assist it. For it is all important for our happiness and balances reason."

"Be a person of integrity. Cling to righteousness with such tenacity of purpose that neither the passions of the mob nor the violence of the tyrant can ever cause you to transgress the bounds of right."

"Know you strongest quality. Know your preeminent gift - cultivate it and it will assist the rest."'

"Think things over, especially those that are important. All fools come to frief from lack of thought."

"Never lose your self-respect. And do not be too self-conscious. Let your own integrity be the true standard of your rectitude, and let your own self-judgment be more strict than all external laws."

"Know how to wait. It is a sign of a noble heart to be endowed with patience, never to be in a hurry, never to be given over to passion."

CIVIL PROCEDURE - Rule 10

G.R. No. L-48610

SOLEDAD PROVIDO, plaintiff-appellant vs. OCTAVIO ACENAS etc , defendant-appellee

FACTS:

Plaintiff- appellant Soledad Provido was granted a homestead patent over a parcel of land consisting of 79,986 sqm and located at Silway 7, Polomolok, South Cotabato on October 1, 1954. Said land was sold to Acenas on October 15, 1963 who in turn sold it to the National Development Company (NDC) in 1966. NDC then leased said land to Dole Philippines under a Grower Agreement.

On September 19, 1968, Provido filed an action seeking exercise her right to repurchase under Sec. 119 of CA 141 against Acenas. Acenas filed an answer stating that the plaintiff's complaint states no cause of action and thta he no longer owns or holds the property concerned as same was sold to NDC.

Provido files her answer to the counterclaim on December 24, 1968, a motion for leave to amend complaint in order to implead NDC and Dole. Defendants, both NDC and Dole filed motions to dismiss on the grounds that the claim therein set forth had already been extinguished or was bound by the Statute of LImitations and that the complaint did not state any cause of action.

CFI dismissed the case in so far as Dole and NDC were concerned. Provido filed a motion for reconsideration which was also denied for lack of merit. Hence, this appeal.

ISSUEs:

1. Whether or not the plaintiff's right to repurchase has prescribed?

2. Whether or not Provido's complaint states a cause of action against Acenas?

RULING:

Assailed orders , SET ASIDE. Remanded for trial on the merits.

The original complaint clearly states a cause of action against Acenas namely the right given by law to Provido to repurchase the property from the buyer within 5 years from the date of the sale. The allegation in the answer that the NDC had already purchased the same from Acenas is of no consequence, for it is not the allegation in the answer but those in the complaint which determine whether or not the complaint itself states a cause of action.

The fact is if an original complaint already states a cause of action in favor of a plaintiff, the subsequent filing of an amended complaint makes the filing retroact to the time the original complaint was filed. (Pangasinan Transportation Co. vs. Philippine Farming Co. Ltd., 81 Phil 273)

Thus in so far as NDC and Dole is concerned, the filing of the amended complaint against them was legally effectuated upon the filing of the original complaint (therefoe within the prescribed period of 5 years), they having immediately stepped into Acenas shoes.

mideast sun

I took this shot in the car last year. My friend Jho was behind the wheel while I was goofing around with her camera. It was still Ramadan and this was taken I think about 7pm. Yep. During summer, the sun can still be up till 8pm here in Dubai.

Just wonderful..:)

PERSONS - Psychological Incapacity

G.R. No. 108763, February 13, 1997

REPUBLIC of the PHILS., petitioner vs. RORIDEL O. MOLINA, respondents

FACTS:

Respondent filed a verified petition for declaration of nullity of her marriage to Reynaldo Molina, the latter being psychologically incapable of complying with essential marital obligations and was a highly immature and habitually quarrelsome individual.

The parties were legally married in 1985 and out of said marriage was born a son. They were separated-in-fact for more than 3 years. CA declared the marriage void ab initio on the ground of psychological incapacity under Article 36 of the Family Code.

Hence, this appeal.

ISSUE:

Whether or not subject marriage is void ab initio due to psychological incapacity.

RULING:

No. The marriage subsists and remains valid.

Psychological incapacity muct be characterized by a) GRAVITY; b) JURIDICAL ANTECEDENCE and c) INCURABILITY.

In the present case, there is no clear showing that the psychological defect spoken of is an incapacity. It appears to be more of a difficulty, if not outright refusal or neglect in the performance of maritime obligations.

Mere showing of irreconcilable differences and conflicting personalities in no wise constitutes pscychological incapacity. There was no showing of the existence of the 3 characteristics above mentioned.

The following are guidelines set forth by the SC for the interpretation and application of Article 36 of the Family Code.

1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.

2.) The root cause of the psychological incapacity must be:
a) medically or clinically identified;
b) alleged in the complaint;
c) sufficiently proven by experts;
d) clearly explained in the decision.

3) The incapacity must be proven to be exisiting at the time of the celebration of the marriage.

4) Such incapacity must also be shown to be medically or clinically permanent or incurable.

5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.

6.) The essential marital obligations must be those embraced by Articles 68-71 of the Family Code as regards husband and wife as well as Articles 220-221 and 225 of the same Code in regard to parents and their children.

7.) Interpretatiosn given by the National Appellate Matrimonial Tribunal of the Catholic Church of the Philippines, while not controlling or decisive, should be given great respect by by our courts.

8.) The trial court must order the Prosecuting Attorney or the Solicitor General to appear as counsel for the State.

CRIMINAL LAW - Frustrated/ Attempted

GR. 12155, February 2, 1917

UNITED STATES, plaintiff-appellee vs. PROTASIO EDUAVE, defendant-appellant

FACTS:

Defendant was charged of the crime of rape resulting to the pregnancy of Ms. X who happens to be the daughter of his paramour. Incensed, defendant rushed to the girl and struck here from behind, in part at least, with a sharp bolo producing a frightful gash in the lumbar region and slightly to the side 8 1/2 inches long and 2 inches deep severing all of the muscles and tissues of that part.

There was no question that defendant was guilty. The only dilemma is the precise crime of which he should be convicted.

ISSUE:

Whether or not accused should be convicted of frustrated murder.

RULING:

Yes, accused should be convicted of frustrated murder.

A felony is frustrated when the offender performs all the acts of execution which should produce the felony as a consequence, but which, nevertheless do not produce it by reason of causes independent of the will of the prepetrator. (See Art 3, Revide Penal Code)

The essential element which distinguishes attempted from frustrated felony is that, in the latter, there is no intervention of a foreign or extraneous cause or agency between the beginning of the commission of the crime and the moment all of the acts have been performed which should result in the consummated crime. While in the former there is such intervention and the offender does not arrive at the point of performing all the acts which should produce the crime.

In case of an attempt, the offender never passes the subjective phase of the offense. He is interrupted and compelled to desist by the intervention of outside causes before the subjective phase is passed.

In case of frustrated crimes, the subjective phase is completely passed. Subjectively, the crime is complete. Nothing interrupted the offender while he was passing throught he subjective phase. The crime, however, is not consummated by reason of the causes independent of the will of the offender. He did all that was necessary to commit the crime. If the crime did not result as a consequence it was due to something beyond his control.

The Book of Five RIngs

The Book of Five Rings (Go Rin No Sho) is a classic treatise on military strategy written by a samurai warrior named Miyamoto Musashi. A friend of mine, upon learning of my fascination with Sun-Tzu's The Art of War suggested that I also read this book. According to him, most CEOs of the world's biggest conglomerates commit the lessons of this book to heart.



Musashi introduced himself as a skilled warrior who never knew defeat. At age 30, he realized that his victories were not due to his mastery of strategy. So he studied and searched for the principle and came to realize the Way of Strategy when he was 50. He came up with 5 books concerning different aspects for this principle namely Ground, Water, Fire, Air and Void.

The Ground Book

"There is timing in the whole life of the warrior, in his thriving and declining, in his harmony and discord."

This book focused on the use of weapons. But I was more concerned with his discussions on timing as part of the strategy. It is emphasized that there is timing in everything and that timing in strategy cannot be mastered without a great deal of practice. I agree. This principle is not only applicable in the battlefield. In our daily lives, we encounter situations wherein the exact moment when we speak is as important as the words that we are going to say. As a public speaker back in college, I enjoyed taking control of the audience atmosphere by giving equal emphasis to words and pauses. There was power in it but long hours of practice was needed to eventually wield said power to proper advantage.

The Water Book

"Both in fighting and in everyday life you should be determined though calm. Meet the situation without tenseness yet not recklessly, your spirit settled yet unbiased. Even when your spirit is calm do not let your body relax, and when your body is relaxed, do not let your spirit slacken."

Here, the principal focus was to methods of achieving victory in combat. Techniques in handling weapons and proper footwork were explained all through out. But I was more interested in his ruminations about spiritual bearing in strategy. Most of the time, it is being calm that get us through nerve-wracking situations. It requires real discipline to do it though. During the time when exams loom like monsters, I was one of the bravest. I was able to develop a calm resolve even if I was not really that prepared. I learned from previous experience that even if I studied hard, if I panic, i can't remeber anything.

The Fire Book

Fighting was lengthily discussed here. Though useful in combat, someone needs enough background in the art of the sword before the principles essayed here can be applied in practical non-combative life.

The Wind Book

"As I said before, if you fix your eyes on details and neglect important things, your spirit will become bewildered, and victory will escape you.""

The Book of the Void

"When your spirit is not in the least clouded, when the clouds of bewilderment clear away, there is the true void."

Constitutional Law - FREEDOM OF SPEECH

G.R. L-32717, November 26, 1970

Amelito R. Mutuc, petitioner vs. COMELEC, respondent

Facts:

This is a Special Civil Action for Prohibition filed by Amelito R. Mutuc, a resident of Arayat, Pampanga and candidate for the position of delegate to the Constitutional Convention.

He alleged that respondent informed him by telegram that his Certificate of Candidacy is given due course but prohibited him from using jingles in his mobile units equipped with sound systems and loud speakers. Hence, this case was filed on the premise that said COMELEC order is violative of his constitutional right to freedom of speech.

Respondent COMELEC, on the other hand contended that the jingle proposed by petitioner is a recorded or taped voice of a singer and therefore a tangible propaganda material under Constitutional Convention Act 2 and hence is subject to confiscation.

Issue:

Whether or not subject COMELEC order is unconstitutional?

Ruling:

Yes. COMELEC is permanently restrained to enforce assailed order.

In unequivocal language, the Constituion prohibits any abridgment of free speech or free press. What respondent did was impose censorship on petitioner, an evil against which this constitutional right is directed.

The concept of the Cnstitution as fundamental law, setting forth the criterion for the validity of any public act whether proceeding from the highest official or the lowest functionary, is a postulate of our system of government.

the office

This is Burj Dubai Square Building 3. Our office is on the 5th floor (notice the one with the lights on). it is just a stone's throw away from the tallest building in the world, Burj Dubai. We are home to almost 60 lawyers from various countries namely UK, New Zealand, Australia, Sudan, India, USA, Egypt, UAE, Iran, Iraq among others.

Me and the Monks from Mongolia

These monks willingly obliged for an unscheduled photo-op. Like me, they went to Taj Mahal as tourists. They are from Mongolia.

Sad though that this experience are for limited readership only. There are some complications I wish will be resolved soon.