Punzi's Corner Blog

Today is my dad's 70th birthday.

And for today we, will celebrate the 70 years of his colorful and beautiful life with an overnight sortie, starting tonight.

Before anything else, I like to greet my Dad a happy, happy birthday. And I like to express my gratitude for not only giving me life, but also for all the guidance and support he has given me all this time. During my darkest, darkest hours he was never judged me and given me all the support and assistance I desperately needed during the time.

I wish him more fruitful years, as he is still very healthy, even in better physical condition than me. Just watch out for nasty trips and falls.

He has likewise shown me one of the secrets to a long life. I have discovered two (but technically the second is the secret to staying young, not having a long life). I'll share them in some future time.

Going back to this post's subject, again, Dad, Happy, Happy Birthday! May you have more productive years to come. And thanks for everything. We love you.

I decided to beat number coding today and come to the office early.

I figured since I was already up early to take Bea to school and I had a hearing in the morning anyway, I can save some time, fuel and energy by going early to the office. Anyway, our internet connection here is already stable and my office is more or less set. Plus, I can save on parking by bringing the prohibited vehicle into the office building. The other car has no sticker for the building and the parking cost outside is prohibitive.

Back to some bad news, I was informed that a long-time client (a client I had for more than 8 years) will terminate its retainer with me. They gave me the standard 30-day notice. Of course, the reason cited was cost-cutting.

While it is sad, I have to be professional about it. There was a time when I took terminations hard and I don't even speak to that client ever again.

But now I realize, I must not burn bridges. This client may come back to me someday and bring even bigger business.

But I still have the urge to shun them all together... I must resist...

That's all for now. Back to work.

I'm sorry I was not in the mood to blog these past few days. So I'll just make this post to catch up on events since Saturday.

I managed to squeeze in chamber sessions last Saturday afternoon and I had a good time. But since we had to attend a party in the evening, I skipped choir. But the party was fun and informative at the same time so it was also worth it.

So I had to attend mass on Sunday afternoon instead. I could have played in that mass, since I used to do that. But I chose to attend mass with my kids by my side and not holed up with the choir. Again, it was worth it.

Yesterday, I had to attend planning session over at my consultancy. Bad news: my consultancy fee would only be paid on the first week of February, as I still had to earn my keep when the month is done. Good news: I managed to review all the things we had accomplished during my stint there. And going into our last year there, I know we did a lot of good. Even if I will get my fee later, it was worth it.

Finally, I was not really in the mood to go to my office in the afternoon. But I'm glad I did. I'm not going into details, but I can assure you, it was worth it.

Hope this week is worth it. But I have a feeling that it will be. And for that I am truly grateful.

Even if this song has become cheezy, this remains to be one of my favorites:




Till I Met You
(Odette Quesada)

I never dream
‘Cause I always thought that dreamin’ was for kids
Just a childish thing
And I could swear
Love is just a game that children play
And no more than a game

Till I met you
I never knew what I love was
Till I met you
This feelin’ seems to grow more everyday
I love you more each day

I believe you
I believe in every word when you say
“I love you all the way.”
Now I could swear
Love is not a game that children play
So tell me that you’ll stay

Till I met you
I never knew what I love was
Till I met you
This feelin’ seems to grow more everyday
I love you more each day
Woh…woh

You and I should be together
Can’t you see?
Can’t you see?

Till I met you
I never knew what I love was
Till I met you
This feelin’ seems to grow more everyday
I love you more each day

Till I met you
Till I met you
Till I met you

No more words. Just listen:

My fellow citizens:

I stand here today humbled by the task before us, grateful for the trust you have bestowed, mindful of the sacrifices borne by our ancestors. I thank President Bush for his service to our nation, as well as the generosity and cooperation he has shown throughout this transition.

Forty-four Americans have now taken the presidential oath. The words have been spoken during rising tides of prosperity and the still waters of peace. Yet, every so often the oath is taken amidst gathering clouds and raging storms. At these moments, America has carried on not simply because of the skill or vision of those in high office, but because We the People have remained faithful to the ideals of our forbearers, and true to our founding documents.

So it has been. So it must be with this generation of Americans.

That we are in the midst of crisis is now well understood. Our nation is at war, against a far-reaching network of violence and hatred. Our economy is badly weakened, a consequence of greed and irresponsibility on the part of some, but also our collective failure to make hard choices and prepare the nation for a new age. Homes have been lost; jobs shed; businesses shuttered. Our health care is too costly; our schools fail too many; and each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet.

These are the indicators of crisis, subject to data and statistics. Less measurable but no less profound is a sapping of confidence across our land - a nagging fear that America's decline is inevitable, and that the next generation must lower its sights.

Today I say to you that the challenges we face are real. They are serious and they are many. They will not be met easily or in a short span of time. But know this, America - they will be met.

On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord.

On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn out dogmas, that for far too long have strangled our politics.

We remain a young nation, but in the words of Scripture, the time has come to set aside childish things.

The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation: the God-given promise that all are equal, all are free, and all deserve a chance to pursue their full measure of happiness.

In reaffirming the greatness of our nation, we understand that greatness is never a given. It must be earned. Our journey has never been one of short-cuts or settling for less. It has not been the path for the faint-hearted - for those who prefer leisure over work, or seek only the pleasures of riches and fame. Rather, it has been the risk-takers, the doers, the makers of things - some celebrated but more often men and women obscure in their labor, who have carried us up the long, rugged path towards prosperity and freedom.

For us, they packed up their few worldly possessions and traveled across oceans in search of a new life. For us, they toiled in sweatshops and settled the West; endured the lash of the whip and plowed the hard earth.

For us, they fought and died, in places like Concord and Gettysburg; Normandy and Khe Sahn. Time and again these men and women struggled and sacrificed and worked till their hands were raw so that we might live a better life. They saw America as bigger than the sum of our individual ambitions; greater than all the differences of birth or wealth or faction.

This is the journey we continue today. We remain the most prosperous, powerful nation on Earth. Our workers are no less productive than when this crisis began. Our minds are no less inventive, our goods and services no less needed than they were last week or last month or last year. Our capacity remains undiminished. But our time of standing pat, of protecting narrow interests and putting off unpleasant decisions - that time has surely passed. Starting today, we must pick ourselves up, dust ourselves off, and begin again the work of remaking America.

For everywhere we look, there is work to be done. The state of the economy calls for action, bold and swift, and we will act - not only to create new jobs, but to lay a new foundation for growth. We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together. We will restore science to its rightful place, and wield technology's wonders to raise health care's quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories. And we will transform our schools and colleges and universities to meet the demands of a new age. All this we can do. And all this we will do.

Now, there are some who question the scale of our ambitions - who suggest that our system cannot tolerate too many big plans. Their memories are short. For they have forgotten what this country has already done; what free men and women can achieve when imagination is joined to common purpose, and necessity to courage.

What the cynics fail to understand is that the ground has shifted beneath them - that the stale political arguments that have consumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works - whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward. Where the answer is no, programs will end. And those of us who manage the public's dollars will be held to account - to spend wisely, reform bad habits, and do our business in the light of day - because only then can we restore the vital trust between a people and their government.

Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin out of control - and that a nation cannot prosper long when it favors only the prosperous.

The success of our economy has always depended not just on the size of our Gross Domestic Product, but on the reach of our prosperity; on our ability to extend opportunity to every willing heart - not out of charity, but because it is the surest route to our common good.

As for our common defense, we reject as false the choice between our safety and our ideals. Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience's sake.

And so to all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman, and child who seeks a future of peace and dignity, and that we are ready to lead once more. Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

We are the keepers of this legacy. Guided by these principles once more, we can meet those new threats that demand even greater effort - even greater cooperation and understanding between nations. We will begin to responsibly leave Iraq to its people, and forge a hard-earned peace in Afghanistan. With old friends and former foes, we will work tirelessly to lessen the nuclear threat, and roll back the specter of a warming planet. We will not apologize for our way of life, nor will we waver in its defense, and for those who seek to advance their aims by inducing terror and slaughtering innocents, we say to you now that our spirit is stronger and cannot be broken; you cannot outlast us, and we will defeat you.

For we know that our patchwork heritage is a strength, not a weakness. We are a nation of Christians and Muslims, Jews and Hindus - and non-believers. We are shaped by every language and culture, drawn from every end of this Earth; and because we have tasted the bitter swill of civil war and segregation, and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace.

To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West - know that your people will judge you on what you can build, not what you destroy. To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist.

To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to suffering outside our borders; nor can we consume the world's resources without regard to effect. For the world has changed, and we must change with it.

As we consider the road that unfolds before us, we remember with humble gratitude those brave Americans who, at this very hour, patrol far-off deserts and distant mountains. They have something to tell us today, just as the fallen heroes who lie in Arlington whisper through the ages. We honor them not only because they are guardians of our liberty, but because they embody the spirit of service; a willingness to find meaning in something greater than themselves. And yet, at this moment - a moment that will define a generation - it is precisely this spirit that must inhabit us all.

For as much as government can do and must do, it is ultimately the faith and determination of the American people upon which this nation relies. It is the kindness to take in a stranger when the levees break, the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours. It is the firefighter's courage to storm a stairway filled with smoke, but also a parent's willingness to nurture a child, that finally decides our fate.

Our challenges may be new. The instruments with which we meet them may be new. But those values upon which our success depends - hard work and honesty, courage and fair play, tolerance and curiosity, loyalty and patriotism - these things are old. These things are true. They have been the quiet force of progress throughout our history. What is demanded then is a return to these truths. What is required of us now is a new era of responsibility - a recognition, on the part of every American, that we have duties to ourselves, our nation, and the world, duties that we do not grudgingly accept but rather seize gladly, firm in the knowledge that there is nothing so satisfying to the spirit, so defining of our character, than giving our all to a difficult task.

This is the price and the promise of citizenship.

This is the source of our confidence - the knowledge that God calls on us to shape an uncertain destiny.

This is the meaning of our liberty and our creed - why men and women and children of every race and every faith can join in celebration across this magnificent mall, and why a man whose father less than sixty years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath.

So let us mark this day with remembrance, of who we are and how far we have traveled. In the year of America's birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river. The capital was abandoned. The enemy was advancing. The snow was stained with blood. At a moment when the outcome of our revolution was most in doubt, the father of our nation ordered these words be read to the people:

"Let it be told to the future world...that in the depth of winter, when nothing but hope and virtue could survive...that the city and the country, alarmed at one common danger, came forth to meet [it]."

America. In the face of our common dangers, in this winter of our hardship, let us remember these timeless words. With hope and virtue, let us brave once more the icy currents, and endure what storms may come. Let it be said by our children's children that when we were tested we refused to let this journey end, that we did not turn back nor did we falter; and with eyes fixed on the horizon and God's grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations.

Furthering my music fix on the weekend, I managed to acquire some new old music that I have been searching for years.

I was introduced to these two ladies, Keiko Matsui and Suzanne Ciani during the early 90's when City Lite 88.3 was king of the smooth jazz/new age genre in the Philippines. I have cassette tapes of these two albums, Keiko Matsui's No Borders and Suzanne Ciani's Pianissimo (yes, CD's were beginning at the time, vinyl was on its way out and tapes were the standard then). These two initiated me to the new age/smooth jazz genre. And from there, I went to Enya, George Winston and Jim Chappell.

When the age of the iPod came, I was looking in vain for these two albums. I searched for about two years for these babies. I even bought Pianissimo's songbook, knowing I don't have enough chops on the piano to play any of its songs.

So when I re-acquired these two albums into my iPod, it was like coming home at the end of a long tiring day. Took me back almost 20 years, back when life was less complicated. It was a proverbial breath of fresh, but familiar air.

Now I could not get enough of these two ladies. Time to acquire their other music, or renew the new age music I grew up with in college and law school. Now to look for the last album to complete the homecoming, Jim Chappell's Nightsongs and Lullabies.

I was disappointed last Friday when it seemed I would not get to play at all on Saturday.

While my EDSA Shrine choir was up for a practice session in the morning, I had errands that prevented me from attending. Perhaps in the next session I could attend and even invite them to practice at our office in the afternoon. It can get quite hot there with no air conditioner (the overtime fee to have them turned on during the weekend is prohibitive), but I guess we could make do with fans. They may not notice the temperature once they get to see the view. But I digress at this point.

Then I was informed that we were not playing for Saturday night's mass because my regular choir mates were attending a concert in Ateneo and they asked the nuns (there is a novitiate house in our subdivision) to sing in their place. The nuns have their own instrumentalist and I am not too presumptuous to volunteer to play with them.

Finally, I was informed that our regular venue for our chamber sessions was not available because the owner had some errands to do. With that, the other member's resolve was thinning and we eventually decided to postpone the session to next week.

But then, my law school classmate informed me he can show up. I quickly informed another member, Ariel Ureta, that he was coming. As he was as ready to play as I am, he readily agreed. We just held the session in my house instead.

To cut the long story short, I had my music fix yesterday. Session started at 2:00 p.m. and ended well after 5:00 p.m. It was more or less a jamming session because it was last minute. But it was a good session nonetheless and I felt satisfied. And that salvaged my "situation."

I hope the coming week is just as satisfying. Here's to a good week ahead for all of us.

Much as I like to maintain this as a wholesome blog, I just could not resist posting this cool iPhone application (that I don't know if it's real or will be approved), called the iBoobs:



Happy weekend!

Yup. I'm infected. Guilty as charged. Sorry.

This will be just a quick blog, to commemorate the first time I'm blogging from our new office.

Everyone's busy, including me. But I'm taking a break from all of this just to take it all in and to be grateful.

Hopefully things will all be well.

Let me end with a quote I got from my inbox:

"Life isn't fair but it's still good."

That's sort of what I did on Sunday and yesterday.

I had some overnight thingie last Saturday so I basically slept my Sunday away...

My first appointment yesterday was from at the house and my other appointments did not push through. I really did not have anything to do in the office and there is no internet there yet. So I just took that opportunity to work from the house rather than waste precious gasoline and braving traffic to go there and do nothing.

It's not as if I was not productive here at home. As a matter of fact, I got a lot of stuff done, looked after Nico and got to rest at the same time.

But today is different. I really have to go to the office for an appointment or two. But I still caught a break this morning. It turns out, my dad is going out early with a driver so they took Bea to school, giving me a break from my bus driver chores today. Hope the trend continues.

I'll post something later if this day turns out to be incredible.

That's the word for yesterday. But because of personal blogging policies, I will not elaborate on this further.

Aside from that, there was nothing significant to blog about yesterday. Except Playstation Home is simply awesome, even in its present beta form.

Only some errands and a lawyers meeting for today. But that will take all day.

For tomorrow, our first chamber session for the year. I'm excited already.

More about these things in subsequent posts.

I don't know why I was feeling morose these past few days.

But I seem to be doing better with a full day's work yesterday and today.

Go further with the positive outlook, I must. And the daylight will come.

Much as I like to talk about the recent congressional hearings, I feel other people have the competence and the affinity to do so. I personally don't want to talk about it. I just want to watch and enjoy the show.

Well it appears that we have started the year with a very huge prospect. That's the good news.

But then... why am I not happy? That's the bad news.

I better get this negative thoughts off my mind fast...

No worries. My ship will set in.

Hello class! It's been a while since I last lectured. Since this topic has been bounced around, of all places, the golf scene, I deemed it best to lecture about it now. This will not take long.

So let us begin:

Self defense has been called a justifying circumstance. Just what is a justifying circumstance?

It is a factor in the commission of a crime that completely absolves the criminal from criminal and civil liability.

So what are the requisites a criminal needs to claim self defense?

According to the Article 11 (1) of the Revised Penal Code:

Anyone who acts in defense of his person or rights, provided that the following circumstances concur;

First. Unlawful aggression;

Second. Reasonable necessity of the means employed to prevent or repel it;

Third. Lack of sufficient provocation on the part of the person defending himself.

What is unlawful aggression? Can you give an example?

To claim the first circumstance, the accused must be attacked by unlawful aggression. This requisite is first and foremost. In the words of my criminal law professor: "If there is no unlawful aggression, there is nothing against which one can rightfully say he was defending himself; there is nothing to prevent or repel."

The aggression must be unlawful. This generally means it must be unjustified or unprovoked. So if a person suffers from a fist blow from a man he insulted first, there is no unlawful aggression because he provoked it in the first place.

Please explain the requisite "reasonable necessity of the means employed to prevent or repel it."

This depends on the situation. But the key thing to understand is the equality between the unlawful aggression and the means the criminal uses to repel it.

For example, there may be no balance between shooting a person who just come at you with his bare fists, unless the one with the gun only had that gun to defend himself and he did not kill the assailant, only injured him enough to flee the scene. There may a reasonable balance between using your 10th dan Martial Arts skills in just hurting a person enough to flee and escape being injured himself. It is not as simple as a mathematical equation.

Again, the judge must weigh the situation, taking into account all circumstances of the case.

Now ask yourself. Is there balance in mauling a 56 year old golfer and his 14 year old son with armed bodyguards, even if that 56 year old was allegedly brandishing a golf club?

What is lack of sufficient provocation?

The accused must show that he did not provoke the unlawful aggression in the first place. In our example, the accused gave sufficient provocation, just to trigger the argument because he violated golf etiquette.

Any final thoughts?

The claim self defense is an implied admission of the criminal act, except that the accused is justified the committing the crime. In a practical trial scenario, there will be what is called a "reverse trial" when it is now the accused who will present evidence of self defense first, ahead of the prosecution (since the accused already admitted the act).

Also, it now becomes the burden of the accused to prove his innocence. The presumption of innocence is not applicable if the accused claims this justifying circumstance in evading criminal and civil liability.