Tuesday, January 31, 2006
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Almost had it up to here...

This Expixtar fiasco is beginning to get on my nerves.

I was thinking of making a full-blown entry on why this is so.

However, I'm holding my punches until it is required. Don't want to tip my hand, you know...

But if I do, it will be with guns-a-blazin'

And of course, they can't scare me, I'm already scared. Oooooohhhhhhh!

Monday, January 30, 2006
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What a racket!

Somebody gave me a decent badminton racket last Friday. Had it gutted last Saturday also.

Are they trying to tell me something?

Oh, shoot!

I woke up yesterday morning early when I wasn't supposed to.

My biological clock was too much attuned to that particular time of day already and I thought I was to take Bea to school that morning and in a panic, quickly ran through my mind what I had to do for that day.

Then, I realized it was a Sunday and promptly went back to sleep. Whew!

Sunday, January 29, 2006
This day in history from:

To the one that got away...

Time to reveal a little bit more.

I was courting a girl I met from work when I got "courted" by the mother of my children (as much as I want to, I cannot erase this fact, you know). Because I was sidetracked, this girl got away, and I lost touch because I fell into that hellhole called married life.

I finally got in touch with her again, about seven years later. She's in her early thirties now, still single but according to her, already engaged. Hers is the second wedding I mentioned in this post.

When I got a friendster invite from a mutual colleague, I decided to look her up if she also had an account.

And there she was. With pictures... I forgot how beautiful she was (and still is). Then all the memories came gushing back.

By nature, I really don't dwell into what ifs and maybes, but looking at her pictures (because she is still as beautiful as I remembered her), I'll make an exception, make this entry, and move on... No intention of doing anything further.

For now, I dedicate this post to the one that could have been (?) or got away (????)...

I hope she does not mind (should she discover my small corner in the internet) that I posted her picture here. My friends only have my descriptions on how she looks like a cross between Hilda Koronel and Aiko Melendez (both at their primes, of course). Now, I can prove how pretty she really is... albeit still masked to maintain some semblance of privacy. According to her (her friendster caption), this is still a not-so-good picture...

Anyway, best regards and all the best, my friend... sorry to have bothered you. Just indulge me on this one...

Saturday, January 28, 2006
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High School Mini-Reunion

Last night, from out of the blue, an old high school classmate called and asked me to join him for a drink or two. Parched as I am, I readily agreed. I even asked our other classmates if they could join us.

We ended up in the school in Libis formerly known as Thames, run by another classmate for the daughter of a known Taipan (may I add, an attractive daughter, who is our age..., but then again... maybe not...). I did not catch the school's new name. As it turns out, our high school class has invaded that school, be it teaching there or just in administration. (I'm even considering teaching business law there next semester.)

All in all, it became an unplanned mini reunion in a classmate's house by the Marikina-Pasig border that I enjoyed pretty much. I lost count how much alcohol I consumed last night. So I was happy because of both of these things.

Morning afters do no give me headaches but merely slow me down. Hence, this late entry.

A few hours ago, I got an email reply from another long-lost high school classmate. I discovered his email address when I read his letter to the T3 editor published this month. I asked if it was him. And so he was. If he's Philippine-based, I'll probably see more of him.

Choir went well tonight so now, I'm back to my old Saturday night habbit: pigging out in front of the TV.

Until tomorrow...

Thursday, January 26, 2006
This day in history from:


Overheard this at some trash dating show a few hours ago:

"Men are like carpets. If you lay them out correctly the first time, you can walk all over them forever."
Story of my life...

Writer's Block

How do you cure it?

These tips don't seem to work. And I have an appeal brief to submit in a few days.

I know when it comes, it comes. But the deadline is fast approaching and I don't want to file that old reliable "Motion for Time" pleading unless I have to...

Wednesday, January 25, 2006
This day in history from:

Hopefully a good year

With prospects looking pretty rosy at the beginning of the year, I'm beginning to believe that this has to be my year. Of course, us bottom-dwellers have no other way to go but up... unless we stay down.

I was born in the year of the dog, according to the Chinese zodiac. So, all indications seem to point out this has to be my year.

But then again, I also have a feeling that the only ones that have all the luck from this Chinese New Year Feng Sui thingies are the Chinese people who sell them (because we're all suckers for it).

Anyway, American Idol is always a good thing to look forward to in any case.

Tuesday, January 24, 2006
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Lethargic Streak

Sorry guys and gals, been on a lethargic streak lately.

I think being on a lazy streak is worse than being depressed. At least I still blog when I'm depressed.

Anyway, someone forwarded to me an email on some scandal brewing in Bacolod City involving a beauty queen's indiscretions caught in a celphone camera.

Moral of that story, ladies: Never trust a guy trying to photograph you during the act. Otherwise, be prepared to be fair game.

Sunday, January 22, 2006
This day in history from:


Running errands today with my kids, I've heard a lot of reports on the results of the Pacquio-Morales fight.

First I heard, Morales KOs Pacquiao in 7 rounds.

Then I heard he KOs Pacquiao in 3.

Then, got a text message from my mother (of all people) the our relatives from the US said Manny beat Erik Morales in 8.

Now, I got it from the radio that Manny TKOs Morales in 10 rounds.

Well, anyway, if it is true, congratulations, Manny. May all of this not go to your head. And don't hang around the wrong crowd again, OK?

Saturday, January 21, 2006
This day in history from:


Taking advantage of the wonders of self-employment, I declared a holiday yesterday, save for a few phone calls, a few faxes and some text exchanges. Played a lot of video games to take the load off.

Actually, I'm at the crossroads, career-wise right now.

Someone offered me a steady, high position in a powerful government agency. The pay there is not standardized which sums up to more than double what I'm getting in my consultancy. The trade-off? It's full time and no private practice on the side allowed.

On the other hand, I have some special projects on the verge of pushing through. Any one of these projects can afford me a year or two of financial rest. Then, there's the matter of the kids.

A stable job or a potential windfall? I don't know. Still deciding.

Thursday, January 19, 2006
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Blog Lecture No. 53: Disbarment and Suspension of Attorneys

Sorry class I took so long to lecture again. If you have been following my continuing saga, you know I did not have the heart to lecture recently. But I finally found a lecture topic that stirred up my cold passions...

Don't worry, this lecture will more than make up for everthing... because it's long.

On what grounds can a lawyer be disbarred or suspended?

According to Section 27, Rule 138 of the Revised Rules of Court:

SEC. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor.—A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a wilful disobedience appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

The disbarment or suspension of a member of the Philippine Bar by a competent court or other disciplinatory agency in a foreign jurisdiction where he has also been admitted as an attorney is a ground for his disbarment or suspension if the basis of such action includes any of the acts hereinabove enumerated.

The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension. (As amended by SC Res. dated Feb. 13, 1992.)

Hey! That's too damn long! Can you simplify it for me?

Of course. A lawyer can be discipline on the following grounds:

1. Deceit,
2. Malpractice,
3. Other gross misconduct in such office,
4. Grossly immoral conduct,
5. Conviction of a crime involving moral turpitude,
6. Any violation of the oath which he is required to take before admission to practice,
7. Wilful disobedience appearing as an attorney for a party to a case without authority so to do

What is deceit?

This is behavior which is dishonest and/or fraudulent, where the truth is altered to intentionally mislead and deceive another party, for example, a lawyer telling a prospective client that he can win a legally unwinnable case.

What is malpractice?

It is improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position, for example, a lawyer neglecting to file an appeal within the time allowed by the rules, if the neglect is inexcusable or even deliberate (because the other party paid him to drop the appeal by this technicality). As the rules state, solicitation of clients is malpractice in the Philippines.

What is a crime involving moral turpitude?

Moral turpitude is conduct contrary to honesty and good morals. Therefore, a lawyer convicted of a crime involving such may be a ground for suspension or disbarment. Examples of such crimes are estafa, falsification, perhaps concubinage and adultery.

What is the procedure to disbar or suspend a lawyer in the Philippines?

It is found in Rule 139 and 139-B of the Revised Rules of Court, I will replicate it for you verbatim below:

Rule 139

SECTION 1. Motion or complaint.—Proceedings for the removal or suspension of attorneys may be taken by the Supreme Court on its own motion or upon the complaint under oath of another in writing. The complaint shall set out distinctly, clearly, and concisely the facts complained of, supported by affidavits, if any, of persons having personal knowledge of the facts therein alleged and shall be accompanied with copies of such documents as may substantiate said facts.

SEC. 2. Service or dismissal.—If the complaint appears to merit action, a copy thereof shall be served upon the respondent, requiring him to answer the same within ten (10) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Supreme Court that the complaint is not meritorious, the same shall be dismissed.

SEC. 3. Investigation by Solicitor General.—Upon the issues raised by the complaint and answer, or upon failure of the respondent to answer, the case shall be referred to the Solicitor General for investigation to determine if there is sufficient ground to proceed with the prosecution of the respondent. In the investigation conducted by the Solicitor General, the respondent shall be given full opportunity to defend himself, to produce witnesses on his own behalf, and to be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.

SEC. 4. Report of the Solicitor General.—Based upon the evidence adduced at the hearing, if the Solicitor General finds no sufficient ground to proceed against the respondent, he shall submit a report to the Supreme Court containing his findings of fact and conclusion, whereupon the respondent shall be exonerated unless the court orders differently.

SEC. 5. Complaint of the Solicitor General. Answer of respondent.—If the Solicitor General finds sufficient ground to proceed against the respondent, he shall file the corresponding complaint, accompanied with all the evidence introduced in his investigation, with the Supreme Court, and the respondent shall be served by the clerk of the Supreme Court with a copy of the complaint with direction to answer the same within fifteen (15) days.

SEC. 6. Evidence produced before Solicitor General available.—The evidence produced before the Solicitor General in his investigation may be considered by the Supreme Court in the final decision of the case, if the respondent had an opportunity to object and cross-examine. If in the respondent's answer no statement is made as to any intention of introducing additional evidence, the case shall be set down for hearing, upon the filing of such answer or upon the expiration of the time to file the same.

SEC. 7. Commissioner to investigate and recommend. Rules of evidence.—Upon receipt of the respondent's answer, wherein a statement is made as to his desire to introduce additional evidence, the case shall be referred to a commissioner who, in the discretion of the court, may be the clerk of the Supreme Court, a judge of the Regional Trial Court, or an attorney-at-law for investigation, report, and recommendation. The Solicitor General or his representative shall appear before the commissioner to conduct the prosecution. The respondent shall be given full opportunity to defend himself, to produce additional evidence in his own behalf, and to be heard by himself and counsel. However, if upon reasonable notice the respondent fails to appear, the investigation shall proceed ex parte. The rules of evidence shall be applicable to proceedings of this nature.

SEC. 8. Report of commissioner and hearing.—Upon receipt of the report of the commissioner, copies of which shall be furnished the Solicitor General and the respondent, the case shall be set down for hearing before the court, following which the case shall be considered submitted to the court for its final determina­tion.

SEC. 9. Procedure in Court of Appeals or Regional Trial Court.—As far as may be applicable, the procedure above outlined shall likewise govern the filing and investigation of complaints against attorneys in the Court of Appeals or in Regional Trial Court. In case of suspension of the respondent, the judge of Regional Trial Court or Justice of the Court of Appeals shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which same is based.

SEC. 10. Confidential.—Proceedings against attorneys shall be private and confidential, except that the final order of the court shall be made public as in other cases coming before the court.

RULE 139-B


SECTION 1. How Instituted.—Proceedings for the disbar­ment, suspension, or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.

The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against any erring attorneys including those in the government service: Provided, however, That all charges against Justices of the Court of Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court: Provided, further, That charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication. (As amended by Bar Matter No. 1960, May 1, 2000.)

Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.


SEC. 2. National Grievance Investigators.—The Board of Governors shall appoint from among IBP members an Investigator or, when special circumstances so warrant, a panel of three (3) investigators to investigate the complaint. All Investigators shall take an oath of office in the form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.

An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity or affinity to any of the parties or their counsel, pecuniary interest, personal bias, or his having acted as counsel for either party, unless the parties sign and enter upon the record their written consent to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of the members present, there being a quorum, may order his disqualification.

Any Investigator may also be removed for cause, after the hearing, by the vote of at least six (6) members of the IBP Board of Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.

SEC. 3. Duties of the National Grievance Investigator.—The National Grievance Investigators shall investigate all complaints against members of the Integrated Bar referred to them by the IBP Board of Governors.

SEC. 4. Chapter assistance to complainant.—The proper IBP Chapter may assist the complainants) in the preparation and filing of his complaint(s).

SEC. 5. Service or dismissal.—If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same may be dismissed by the Board of Governors upon his recom­mendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the complaint.

No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same.

SEC. 6. Verification and service of answer.—The answer shall be verified. The original and five (5) legible copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.

SEC. 7. Administrative counsel.—The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to assist the complainant or the respondent during the investigation in case of need for such assistance.

SEC. 8. Investigation.—Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.

The Investigator shall terminate the investigation within three (3) months from the date of its commencement, unless extended for good cause by the Board of Governors upon prior application.

Willful failure to refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court. The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall as far as practicable be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within a like period of fifteen (15) days issue a resolution setting forth its findings and recommendations, which shall forthwith be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.

SEC. 9. Depositions.—Depositions may be taken in accordance with the Rules of Court with leave of the investigators).

Within the Philippines, depositions may be taken before any member of the Board of Governors, the President of any Chapter, or any officer authorized by law to administer oaths.

Depositions may be taken outside the Philippines before a diplomatic or consular representative of the Philippine Govern­ment or before any person agreed upon by the parties or designated by the Board of Governors.

Any suitable member of the Integrated Bar in the Place where a deposition shall be taken may be designated by the Investigator to assist the complainant or the respondent in taking a deposition.

SEC. 10. Report of Investigator.—Not later than thirty (30) days from the termination of the investigation, the Investigator shall submit a report containing his findings of fact and recom­mendations to the IBP Board of Governors, together with the stenographic notes and the transcript thereof, and all the evidence presented during the investigation. The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent testimonies.

SEC. 11. Defects.—No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has resulted or may result in a miscarriage of justice, in which event the Board shall take such remedial action as the circumstances may warrant, including invalidation of the entire proceedings.

SEC. 12. Review and decision by the Board of Governors.

(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report.

(b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.

(c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as admonition, reprimand, or find) it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise.

(d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same shall be transmitted to the Supreme Court.


SEC. 13. Supreme Court Investigators.—In proceedings initiated motu proprio by the Supreme Court or in other proceedings when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in which case the investigation shall proceed in the same manner provided in sections 6 to 11 hereof, save that the review of the report of investigation shall be conducted directly by the Supreme Court.

SEC. 14. Report of the Solicitor General or other Court designated Investigator.—Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court shall submit to the Supreme Court a report containing his findings of fact and recommendations together with the record and all the evidence presented in the investigation for the final action of the Supreme Court.


SEC. 15. Suspension of attorney by Supreme Court.—After receipt of respondent's answer or lapse of the period therefor, the Supreme Court, motu proprio, or at the instance of the IBP Board of Governors upon the recommendation of the Investigators, may suspend an attorney from the practice of his profession for any of the causes specified in Rule 138, Section 27, during the pendency of the investigation until such suspension is lifted by the Supreme Court.

SEC. 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court.—The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.

SEC. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court.—Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.

SEC. 18. Confidentiality.—Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.

Again, that's too long! Can you break it down just in case I want to file charges against my lawyer?

Sure. Briefly, the procedure is:

A. For proceedings through the Integrated Bar:

1. Filing of the complaint
2. Assignment of Investigator
3. Service to Respondent lawyer
4. Answer
5. Investigation proceedings
6. Investigator to report on findings and recommendation
7. Review and Decision of IBP Board of Governors
8. Referral and prosecution in the Supreme Court (if for suspension or disbarment)
9. Judgment and Imposition of sanctions by Supreme Court, if any.

B. For Proceedings in the Supreme Court

1. Motu Propio referral of Supreme Court to Solicitor General (or any court officer or judge)
2. Same procedure as in nos. 3 to 6 above.
3. Referral to Supreme Court.
4. Judgment and Imposition of sanctions, if any.

C. Suspension by Regional Trial Court or Court of Appeals

This is somewhat like a "preventive suspension" where these courts can, for cause, suspend a lawyer, until further action by the Supreme Court as stated above. So to the lawyers, don't cross your "favorite" judges or justices too much as they can actually suspend you for a long time... depending on how fast the Supreme Court disposes your case.

Next blog lecture: Discipline of Judges/Justices

Wednesday, January 18, 2006
This day in history from:

Kobe Bryant forgetting how to dribble

I'm not really into commenting on the actions of my fellow lawyers because we are all just trying to earn a living in this country. And based on the golden rule, I don't like other lawyers commenting on my actions, either.

But there are some lines that need crossing. When lawyers forget (worse ignore or even abuse) very basic principles or requirements of the law, I even think it's even our duty to point them out.

A seasoned lawyer filing an impeachment complaint that is not under oath and without an endorsement is like Kobe Bryant forgetting how to dribble. Dribbling is basic in basketball. In the same manner, a sworn and endorsed complaint is basic in impeachment. I even think (and this is just my opinion), making such a mistake may constitute gross ignorance of the law, a ground for disciplinary action (be it suspension or disbarrment). Add to that the blatant disregard for the one-year impeachment ban, you've got yourself a pretty good disbarment case.

Thank God for secretariats who know how to spot these things, have to decency to point them out and return these recycled pieces of paper.

Monday, January 16, 2006
This day in history from:


With apologies to Babelfish, lets run through the JDV's proposed constitutional amendments through the Punzifish translator, shall we?

Proposed JDV amendments:

1. Transformation from the presidential to the parliamentary system.

2. Establishment of a unicameral legislature and abolition of the Senate.

3. Lifting the term limits of elected officials.

4. Providing for a five-year term of office for all elective officials.

5. A ban on political "turncoatism."

6. Creation of autonomous regions toward the establishment of a federal system.

7. Easing the restrictions on foreign investments in the country.

Results of the Punzifish processing:

1. The better and longer to serve you with... as Prime Minister. It's like political viagra...

2. The better to deal with those pesky kill-joys. It's like political insecticide.

3. The longer to serve the people with (or is it the other way around?). It's like political velcro.

4. Same as No. 3, but it had to be repeated because people tend to forget.

5. Same as No. 3, so no one can do what we did to them.

6. The better to hold on to power with. (If it's not one kind of grip, it's another, but we still get to hold on in the end, trust me.) It's like political crazy glue.

7. The more we can sell to foreigners with (aka., We're running out... or What's the point in holding on longer if we're holding nothing, anyway?). It's like political golden goose (or cash cow, depending on your age and perspective).

Stellar Cr@p

I think that this entry of La Vida Lawyer is completely true. And today's issue affirms it further.

Unfortunately, I don't have any control what paper to buy in this house, since I don't pay for it. Thank God for the internet, though. I can choose to read whatever the h8!! I want.

What's on the newspaper today?

Well, for starters, it features coverage on the activities of the publisher's wife in who-knows-where. When I turned to the opinion page, the publisher's regular column was not there, only to be replaced by someone whose middle name is the same as his. I'm pressuming it's the publisher's daughter.

No problem, only if she writes well and the topics were worthy of the place where it was. But suffice it to say, it was not. Blabbered about the Rose Bowl and other irrelevant cr@p. (It's not that I don't like American football. I love it. But is has no place in the opinion columns, especially in the place it was.) I know bloggers who write better than this. Actually, most, if not all of the bloggers I know write better than this.

Correct me if I'm wrong but in a perfect world, newspapers should be independent of all interest and its editorial board beholden to no one. But who am I kidding. We don't live in a perfect world, do we?

Anyway, the smart-aleck people would say I have the option of not reading it. Of course I do. And that's exactly what I'm NOT going to do henceforth.

And you know what else? I'm also going to blog about what I think of these bench-lifting people. That, too, is my right. And they can't do anything about it since I'm invoking the same right they are.

Sunday, January 15, 2006
This day in history from:

Friday the 13th

It was only when my Friday was over that I realized that it fell on the 13th.

Anyway, both choir services (@ EDSA Shrine last Friday and the one yesterday) went well. We had our violinist back yesterday.

I was essentially unconscious yesterday, except for the choir service that night. I was catching up on lost sleep, I guess. Did not even look at any of my computers. Watched some television for a while but that's the same as being unconscious, isn't it?

For today, we're supposed to have a meetup in Tagaytay for Pinoy Tech Blog, but I could not attend because Bea's third quarterly exams are coming up and hence, I could not afford to be out for the entire day. I also have some errands to do this morning...

Anyway, good luck guys on your meetup. Wish I could be there.

Friday, January 13, 2006
This day in history from:

Such an Ironic Schedule Today

Anyway, my lunch appointment was cancelled so I have time for another entry today.

I scheduled all my Ortigas Business District appointments on this one day. Maybe you can catch me in action, if you care. See if you can spot why the entry title you see above

2:30 p.m. : Meeting @ The Podium (re: an annulment case)
4:00 p.m. : Will meet with my ex's soon-to-be husband to look at some wedding songbooks maybe @ Megamall
6:00 p.m. : Call time @ EDSA Shrine
7:00 p.m. : BPOCC Service for Friday Mass (choir)

A Tough Assignment

One of the toughest portions of my job is dealing with labor/human resources issues.

This is easier if approached from a detached point of view, where there is no personal interaction between the parties involved and the one deciding on the matter. This also gets easier for firms with an entire human resource department since there could exist detachment on even multiple levels.

It's a different story for small offices. Gone is the "cool, calculated response." When you know the parties involved, you would be in a position to know just a little more information than you should. Also, technicalities and legalities stand side-by-side with trying to achieve a "balance" and/or "balance all interests" in a given dispute.

That's what happened to me yesterday. The client's company had personnel problems where I have interacted with the parties involved. Very tough to decide from a detached perspective. Some, even I like to consider as friends already. Worse, I could not pass the case to another since I'm the only one they were counting on to resolve the impasse.

All I do in cases like these is just trust in the law because the law, I pressume, was formulated precisely to balance all interests. Well, at least I like to think it does. But whatever helps me sleep at night, right?

Thursday, January 12, 2006
This day in history from:

Macworld 2006

Just watching Steve Job's keynote in Macworld 2006. My jaws are dropping. Enough said.

Now, I'm just salivating about the new MacBook Pro with the new Intel Core Duo processors...

I also want that new iPod Radio Remote. I don't know how but I'm getting one...

Wednesday, January 11, 2006
This day in history from:


Now, just discovering the wonders of BitTorrent...


Thats what I like about this job...

There are days when, for a half-day's work, you earn a whole month's keep...

Tuesday, January 10, 2006
This day in history from:

Late Christmas Presents

This weekend, I received a couple of late Christmas presents.

The first was an electric stand fan. This was nothing fancy because I had two appliance manufacturer clients. ("Where's the gift of the second client, the bigger, better known brand?" I ask myself...)

The second gift was a surplus, second-hand Samsung DVD/VHS player, without a remote control. It looked like this:

I had to scrounge around, in vain, for a remote control for this thing. Good thing my PDA also doubles as one and I had the Nevo codes downloaded from the 'net. But hey, beggars ain't choosers.

I'm enjoying playing around with this thing because it had a VCR with the DVD player. So I can, theoretically, tape DVD movies on it. But who wants to do that nowadays?

It is also MP3, JPEG, VCD and CD compatible. It has optical audio outputs (DTS and Dolby 5.1) so I can actually turn it into a home theater someday (yeah... someday but then again, an actual brand-new Sony home theater is just a few meters away in another room, isn't it?)

Anyway, I was about to test the VHS and I was looking for some old tape to test the thing with. I'll give you only one guess. Which was the only VHS tape left in the house?

Anyway, the VCR works... even with that old, mildew infested tape...

Monday, January 09, 2006
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Results of the Ninth Visit

Oh, I think this post is anti-climactic because I'm doing it today. Sorry, it totally slipped my mind yesterday.

Again, nothing. Did not even give Christmas gifts to her children.

Because this is the ninth visit and we're supposed to review the custody arrangements, I'm filing a manifestation in court that she did not even visit once. That would thwart any possible attempt to negotiate "more accomodating" visitation arrangements or "more frequent" visits.

Well, if she does go crazy and decide to ask the court for more visits, I will say, "I'm willing to increase the number of visits to as much as three times the number of monthly visits she presently makes."

That's the beauty of zero. I could even go up to 10, nay, even 100 times the number of monthly visits she made. It would still be zero. That joke will be on her.

Sunday, January 08, 2006
This day in history from:

But he's a man!

But he's a man.

That's the problem.

The only time they think straight is when they have an erection, and it's usually pointed right at the trampiest woman.
-Viola from Monster-in-Law

Friday, January 06, 2006
This day in history from:

The Bright Side of the Philippine Basketball Fiasco

Last year, politics triggered the 38-man Philippine Olympic Committee (POC) general assembly to expel the Basketball Association of the Philippines (BAP) from the Olympic roster on grounds of conduct unbecoming a member of the Olympic movement. It appears the BAP has been sending barangay league teams to international competitions and the wisdom of those moves were highly questionable. Well, its is not questionable, from the view of the one who thought about it, though.

The BAP sought help from the FIBA, asking the world governing body for basketball to overturn the expulsion decision. FIBA, however, suspended the Philippines from participating in all FIBA-sanctioned events worldwide.

As a result, the Philippines convincingly won the 23rd SEA Games last year, without basketball.

Worse, with this FIBA suspension, the country missed its chance to fight for one of two slots in the world championship in Saitama City, Japan, this year. The Philippines would have won that berth, which went to Malaysia. With the FIBA suspension also comes the Philippine's disqualification from sending a team to the next Asian Games.

Such a sad, sad state since given the eligibility of players from the Philippine Basketball Association (PBA) the Philippines is considered as a basketball powerhouse in this part of the world.

But look at it this way. The Philippines would never dominate world basketball anyway, because it's a game deliberately skewed in favor of tall caucasian or African-Amenrican people. Without this suspension, huge efforts and resources were also being poured into winning just one team medal.

The 23rd SEA Games allowed this country to pour resources into other sports the public did not know we could do well. Corporations, instead of competing or even focussing on basketball, sponsored other sports where the medal harvest is easily more than 100% than that sport we adore, albeit blindly.

This fiasco therefore has a bright side. It cured us of our basketball obsession (even addiction) and allowed Philippine sports, as a whole, to finally come into its own. Maybe a basketball-less Philippines will also do better in the next Asian Games. Or the next Olympics, perhaps? Who knows?

(Some facts taken from the Spectator Column "Wondrous PBA innovation" by Al Mendoza, Philippine Daily Inquirer, 05 January 2006.)

Thursday, January 05, 2006
This day in history from:

Love is a Battlefield

Sung by: Pat Benatar
Written by: mike chapman & holly knight

We are young, heartache to heartache we stand
No promises, no demands
Love is a battlefield
We are strong, no one can tell us we’re wrong
Searchin’ our hearts for so long, both of us knowing
Love is a battlefield

You’re beggin’ me to go, you’re makin’ me stay
Why do you hurt me so bad?
It would help me to know
Do I stand in your way, or am I the best thing you’ve had?
Believe me, believe me, I can’t tell you why
But I’m trapped by your love, and I’m chained to your side

We are young, heartache to heartache we stand
No promises, no demands
Love is a battlefield

We are strong, no one can tell us we’re wrong
Searchin’ our hearts for so long, both of us knowing
Love is a battlefield

We’re losing control
Will you turn me away or touch me deep inside?
And before this gets old, will it still feel the same?
There’s no way this will die
But if we get much closer, I could lose control
And if your heart surrenders, you’ll need me to hold

We are young, heartache to heartache we stand
No promises, no demands
Love is a battlefield

We are strong, no one can tell us we’re wrong
Searchin’ our hearts for so long, both of us knowing
Love is a battlefield

We are young, heartache to heartache we stand
No promises, no demands
Love is a battlefield

We are strong, no one can tell us we’re wrong
Searchin’ our hearts for so long, both of us knowing
Love is a battlefield

(Heard the '80s is coming back. Here's a nice song from that era to start with. I don't see any connection with the song choice and what I'm feeling now but some shrink may have another opinion. Go figure. I don't care.)

Wednesday, January 04, 2006
This day in history from:

First Political Rant for 2006

Reading all the comments and words of encouragement from you, plus browsing and commenting on the BSB Clubhouse and other blogs cheered me enough to make my first political rant for 2006.

Remember this news item link and remember it well. Let me quote a few words:

"Not only the peso but the whole economy is off to a flying start at the back of growing domestic and international confidence. The runway is clear and the takeoff is at hand," the Secretary exclaimed.

I will get back at this statement a month from now when the same person would be saying:

"The economy is doing bad so we need to increase EVAT to 12%," the same Secretary slurred.

Oh, brother! I believe I already have my candidate for eviction...

Stick around. I may even do a blog-lecture tomorrow...

Tuesday, January 03, 2006
This day in history from:

When the rest of my life was still before me

To those who showed concern for what I was feeling, thanks for all your opinions on the matter. I may be 35 years old but when the $4!t hits the fan, I never really knew how to deal with it.

Went out my some friends tonight (an eat-all-you-can place near Quezon City Hall), hoping I could shake things off a bit. Well, it worked but then again, it also didn't.

The one treating was an officemate on a short furlough from her masteral in Kobe, Japan (on scholarship grant through JICA). I could relate to her experiences in Japan, simply because I was there for two weeks on a free study tour (sponsored by the Japan Foundation). You see, I had so much free time on my hands during college (read: I was a nerd) because I took advance summer classes (read: I did not have a social/love/any life) that I took an additional 12 units of Spanish (to prepare for law proper) and pursue a minor degree in Japanese Studies (the first batch in Ateneo de Manila). Think of that free trip to Japan as laboratory of what we have been reading.

That was in October 1991. That took me back. Back when the rest of my life was still before me. A consistent honor student in both college and law school. Enough ability to earn a free trip abroad on sheer academic merit. A possible life abroad right then and there. A deal with my mother to fund an eventual masteral pursuit in Harvard after a few years of law practice. A long standing relationship with a woman light years better than who I eventually ended up with (and ended with).

To say that I had potential for success was an understatement.

I gave all of that for a marriage that eventually disintegrated. And during the disintegration period, "that girl" even had the temerity to "compare" what she allegedly gave up with what I did.

Of course, you may say I still have potential since I'm still relatively young. You may still say, given my kids, the deal was fair. You may even say that there's no point in dealing with the what ifs and life should not have any regrets.

Pardon me, but when I think of my potential more than ten years ago and where I am now I cannot help but regret. A stagnant practice always on the edge. A ton of credit card debt. Dwindling self-esteem when all that I have gone through so far has finally hit me.

The more I think of what was capable of then and what I am now, I could not help but ask:

What did I do to deserve this?

Is it fair that a single instance when my little head clouded my entire judgment chart the ruin of all my potential?

Is it too late now to turn things around?

Will I be just stuck with developing the potential of my progeny or can I still live up to my own?

Will my children pay if I try to do something to turn around my life?

Will I play selfish now at the expense of my children? Will I play person or parent?

Can I choose both?

Is there a way where I can have my cake and eat it too?

Is life always a choice between one over another or can we have both (or all)?

If it's always a choice, why is that so?

I know that should not be the case. But I can't help feeling and thinking this way now. Just bear with me, folks.

It may just be a phase.

I hope.

Monday, January 02, 2006
This day in history from:

It finally hit me...

Let's keep this one short.

I was probably too busy at work. I was probably too busy earning a living. I was probably too busy being a parent (and that goes double because I'm only one parent to two children). I was probably too busy being a son to my parents. All at the same time.

My "busy" concerns probably kept me from feeling bad or depressed about what happened to me and my marriage. It probably kept me from feeling bad about what "that girl" did to my life (and that of my children).

I could easily tell my life story to anyone willing to listen with a cavalier attitude. Before, I would never tire of telling my story so they could learn something from it.

Until now...

Finally, it just hit me. Now, I'm going through the routine questions like, "Why did this happen to me?" "What did I do to deserve this?" or "Why God why?"

It's the mother of all delayed reactions... Imagine, two years?

Anyway, I hope I pull through. I'll try to keep you posted on this, if I can.

What a way to start the year...

Sunday, January 01, 2006
This day in history from:

A year of gadgets

It's been quite a year 2005, gadgetwise.

Figured I start 2006 with an updated inventory of my gadgets. The ones in parenthesis are no longer with me. The ones with an asterix I acquired last year. Here goes:

Nokia© 9500* with:
Muse 512 Mb MMC
Brando Aluminum Hard Case
Capdase Leather Case
Extra Xpress-on cover
Kingcom Bluetooth headset*

(Nokia© 9210i with Muse 128 MB MMC)

(Nokia© 6800) though I still see it because I gave it to Dad

(Nokia© 8850)

Panasonic© A100 tri-band phone*

(Compaq© iPaq© 3760 with CF adapter sleeve)

A WiFi local area network with DSL Internet Connection consisting of the following:

1. HP© iPaq© 2210 with the following accessories:
Muse 128 MB SD Card
Astone 256 MB SD Card
Billionton CF Modem with PC Card adapter
Ambicom CF WiFi [802.11b] Card
AVL 128 MB CF Card
Extra Li-on Battery

2. Neo© Q-Note© M360H, "Jessica" [Celeron 1.3 Mhz, 256 MB RAM, 30Gb Hard Drive] with the following accessories:
Iomega© USB Floppy Disk Drive
Edimax© USB 802.11G dongle*
Aten© USB 2.0 Hi-speed 4-port Hub
A4Tech© Wireless Optical Mouse
Billionton© USB Bluetooth dongle
Mobile Action MA-620 Infrared USB transceiver/receiver
Generic USB 2.0-RS232 cable

3. Acer© Travelmate 506DX, "Amber" [Celeron 433 Mhz, 160 Mb RAM, 8 Gb Hard Drive, 24X CD-ROM Drive]

4. Intel© Pentium© II-350 Mhz Desktop Computer, "Britney" [320 Mb RAM, 20 Gb Hard Drive] with the following accessories:
CDR/RW Burner
Edimax© USB 802.11b dongle
User installed USB 2.0 PCI card
Canon© BJ 2665SP Printer
USB external 56K Modem

5. AMD© Duron© 850 Mhz Desktop Computer, "Mandy" [512 Mb RAM, 40 Gb Hard Drive] with the following self-installed additional accessories:
5.1 Soundcard and Speaker system
16X DVD-ROM Drive
Gigabyte© CD-R/RW internal drive
Internal Iomega© 100 MB Zip© Drive
NVidia© GEforce2 MX400 64MB AGP Video Card
Aten© USB 1.1 4-port Hub
Edimax© USB 802.11b dongle
Acer© Scan Prisa 620p Scanner
Canon© i320 Printer

6. Apple© iMac G5, "Lindsay," [1.6 Ghz, 256 Mb Ram, with Combo Drive, 80 Mb hard drive with Mighty Mouse and a 4-port USB 2.0 Hub, external boxed Shuttle DVD-R/RW]*

(7.Edimax© WiFi [802.11g] access point with 5 additional 10baseT lan ports)

8. Linksys© WRT54G wireless router with 5 additional 10baseT lan ports*

Korg© X5D Keyboard Synthesizer with accessories
Damper and expression pedals
Alesis© RA-100 Monitor Amplifier
Alesis© Monitor One Speakers
Roland© KC-100 Keyboard Amplifier
Two [2] Fender© California Instrument Cables
Yamaha© UX16 USB MIDI interface cable* to connect the iMac to the synth
Two [2] Korg© PCIF MIDI cables to connect X5D with Duron Desktop and the laptops

Canon© Powershot A300 w/ 16 MB CF card included with the following additional CF cards:
Ridata 64 MB CF card
AVL 128 MB CF cards
Portable SD/MMC card reader*

Wireless Headphones

Sony© Wega 43" projection TV [HDTV ready] with Sony DVD home theater system*

Sony© Wega 25" with subwoofer

Sony© Playstation 2© with:
Two controllers
8 MB memory card
S-video component A/V cable [with guncon port]
Component Video A/V cable
Hais© wireless Gun Controller*
Dragonplus© PS2 2.4 Ghz wireless controller*
Cosmo Interactive© PS2 800 Mhz wireless controller

Two [2] Motorola© T5100 FRS radios

Armstrong© silver-plated flute

Yamaha© YFL-221 silver flute*

Apple© iPod© 5G, 30Gb [video]* with:
Case Logic 3-in-1 neoprene carrying case
Brando aluminum hard case
Pivot silicon skin
Sumajin Smartwraps
Griffin Ear Jams
Sennheiser MX 250 headphones
Wireless FM transmitter
replacement A/V cables
13+Gb of content [music, photos and videos]

Disaster relief, sustainable development & community service

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Side Prayers

Lord Jesus,
Teach me to be generous,
Teach me to serve You as You deserve
To give and not to count the cost,
To fight and not to heed the wounds,
To toil and not to seek for rest,
To labor and not to ask for reward,
except that of knowing
That I do Your Holy Will. Amen

May every word I speak be from Your Truth...
I ask come from Your Wisdom...
May every case I handle receive Your Guidance...
May every heart, every life I touch, feel Your Love.

And Jabez called on the God of Israel saying,
"Oh, that You would bless me indeed,
and enlarge my territory,
that Your Hand be with me,
that You would keep me from evil,
that I may not cause pain."

So God granted him what he requested.

Side Oath

The Lawyer's Oath
I do solemnly swear that
I will maintain allegiance to
the Republic of the Philippines,
I will support its Constitution
and obey the laws as well as
the legal orders of the
duly constituted authorities therein;
I will do no falsehood,
nor consent to the doing of any in court;
I will not wittingly or willingly
promote or sue any groundless,
false or unlawful suit,
nor give aid nor consent to the same;
I will delay no man for money or malice,
and will conduct myself as a lawyer
according to the best of my knowledge
and discretion with all good fidelity
as well to the courts as to my clients;
and I impose upon myself this voluntary obligation
without any mental reservation
or purpose of evasion.
So help me God.

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