Monday, October 31, 2005
This day in history from:

Law School Days: Second Semester, First Year

Now for the second installment of my law school days series...

First Semester, First Year (SY 1991-1992):

Subjects/Units/Teachers:

1. Criminal Law II- 3 units; The Late Judge Ruperto Kapunan, Jr.
2. Obligations and Contracts- 5 units; Atty. Avelino Sebastian, Jr.
3. Constitutional Law II- 3 Units; Atty. Sedfrey Candelaria
4. Legal Writing- 1 Unit; Atty. (now Dean) Andres Bautista
5. Legal Logic- 2 Units; Atty. Joaquin Obieta
6. Legal Ethics- 3 Units (or was it 2?); Fr. (Atty.) Artemio Ferrer, S.J.
7. Labor Law II- 3 Units; The Late Atty. Roberto Gana

General Highlights:

1. With the "adjustment period" over somehow, we were getting used to law school life by then. Some people would already be set in their ways already, with their study and sleeping habits already formed.

2. Some, however, were nursing wounds from the last semester, that is, they were on probation. Any failing subject or weighted average grade (known as the quality point index or the "QPI") would get one kicked out of law school.

3. Again, freshmen today are lucky, we used to do 20 units (18 if you already took logic in undergrad). Now, freshmen may be doing as little as 16 units, and didn't go through Atty. Sebastian. Lucky!

4. Also, they would not take Labor during first year. Atty. Gana used to "shuffle" class cards so one could be called more than once in the same class.

5. Personally, I think Atty. Sebastian should go back to teaching. Even with his unusual style, he makes you learn more than the average recitation type teacher. I was his favority during my time. But don't think of that as an advantage. Being his favorite means you recite everyday and you would pitch in an answer if the one reciting cannot answer the question. I recited more than once everyday, even when I was sick. But I credit him for training me to endure and giving me the discipline to really study everyday (unlike those who study what day they would be called), but of course I had to at the time.

6. The only thing I learned from Atty. Bautista is the use of "regards." So remember, it's "with regard" and "as regards." Very easy to remember, isn't it?

7. Semestral results: another dean's list placing...


Personal Highlights:

1. Our friendships have been formed (our car pool) and we already go out regularly. We even went out on "triple dates" with the girls fending for themselves. Out of our three girls, one has already married with two kids, a second set to marry next year and a third, still to find "the one."

2. I already introduced my girlfriend to my family that Christmas season and she joined us for dinner (I think it was my birthday then...). Since she was the first, I was likewise adjusting to her in the same way I was to law school life.

3. I was feeling sorry for my mother during these times because we did not have a maid. Before, I used to help her with chores, but when I got to law school, I was as useful as a doorstop to a window.

4. During this sem, I did not enroll personally, my dad did for me because I was having the time of my life in Japan (for a study tour courtesy of my minor in Japanese studies). Yes, I still had college entanglements, but they were good ones (such as dating a staff member of its Office of Admission and Aid, heheheheheh).

Sunday, October 30, 2005
This day in history from:

First Pinoy.Tech.Blog Post

Just posted my first Pinoy.Tech.Blog entry on the release of Minimo 0.010.

Yeah, yeah, yeah. They were expecting something legal. But I wanted to do a short article first because Wordpress will take me sometime to get used to. Blogger's user interface is just easier to use.

Also, the heavy legal stuff will take some deal of research so I will reserve those for a later time.

In the meantime, I beg the indulgence of the guys over at Pinoy.Tech.Blog. If I violated some rule, please forgive me and kindly point it out as soon as possible.

Happy Haloween Y'all!


I don't know how this completely imported culture thing got started here in the Philippines but Happy Haloween anyway. I'd be in on it only for the kids.

Saturday, October 29, 2005
This day in history from:

Hypertensive Friday...

As I have said yesterday morning, I had to wake up early to blog ("Not once, but TWICE!") bring my Bea to school and catch an early morning hearing in Mandaluyong.

Before leaving, though, I was pleasantly surprised when I was accepted as contributing blogger at Pinoy.Tech.Blog-- The Philippines' Premier Technology Blog. But more on this later on.

Why hypertensive? That hearing was a criminal case and my client was on bail. If my client is late, the judge might issue a warrant and forfeit his P100T cash bond. He was a "night person" not used to 8:30 a.m. appointments. Worse, all efforts to contact and remind him the day before failed.

Also, I had arranged for one of his people to leave an important document in their office for me to pick up on my way to the hearing. When I got there, lo and behold, the document was not there.

So nearing the appointed time, you could imagine my tension-- no document, no client.

Fortunately things worked out. My client (and the document) eventually came and we got what we wanted for that hearing.

Then went to Galeria for a meeting that did not take place. So I just went home.

Going back to my new blogging assignment/endeavor, those headhunters and other people who have read my CV may note my career objective as: "To incorporate an interesting and challenging law practice with information technology and other fields of specialization."

This was done way back when I was in law school, more than ten years ago. My new assignment is most definitely a step in that direction. And I like to thank those guys for allowing me to take that step.

Blog on!

Friday, October 28, 2005
This day in history from:

Blog Lecture No. 47: Infidelity in the Custody of Documents

Let's get to the point, shall we?

What does the Revised Penal Code Provide as regards destruction of documents?

It provides:

ART. 226. Removal, concealment or destruction of documents. - Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest.

2. The penalty of prision correccional I its minimum and maximum period and a fine not exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall not have been serious.


In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed.

Can you give an example?

Sure. Just click here. Once the guy officially receives it, it technically becomes an official document which one cannot just rip to shreds.

Aside from this law, what other laws does a public officer have to follow regarding public documents?

Under Republic Act No. 6713 (known as the Code of Conduct and Ethical Standards for Public Officials and Employees):

Sec. 5. Duties of public Officials and Employees. - In the performance of their duties, all public officials and employees are under obligation to:

(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer-in-charge shall sign for and in their behalf.

(d) Act immediately on the public’s personal transactions. - All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours.


What are the penalties for violation of this provision?

It is a fine not exceeding 6 months salary, suspension up to one year or removal, depending on the gravity of the offense, without prejudice to criminal liability as seen above.

What is the moral of this lecture?

A public official serves the people and not a particular president in power. And never give the people that pay your salary the shabby treatment.

What a half-day!

From the slow start of the day yesterday, I never imagined that day would be the longest half-day of this year...
Started my work day with a hearing at 2:00 p.m. Yes, you heard it right. My work day started way after lunch. But the hearing was longer than my usual and it ended at a little past 4:00 p.m.

Then a brisk walk to The Podium for a series of three meetings, simultaneously held between Starbucks and Café Breton. Man, that was tough!

I felt like Windows XP at that time with the multi-tasking I did... All of that ended at around 8:00 p.m. so I got home around 9:00 p.m. It's a good thing traffic was bearable considering all that rain.

So even it my day looked like less that half day, I still managed to put in a whole day's work there. Hence, the longest half-day of this year...

For today, it's an early hearing, in far away Mandaluyong no less and a meeting again near Robinson's Galeria...

Man, I'm beginning to think I need a date... and fast! This week was just too darn tiring for me... Now, I'm really looking forward to my long vacation. (I'm declaring my own holiday on November 2 and 3, one of the perks of being self-employed.) But since I have no money to go away, we may just spend it at home or somewhere near...

Thursday, October 27, 2005
This day in history from:

Quiet Snicker...

For this entry, can I just direct you to this news item and register a quiet snicker? Heheheheheheh... DLSU is sure becoming a microcosm of Philippine society...
On another front, I had a great time in Davao last Tuesday with my best friend and our Davao-based lawyer, who served as our tour guide there. But because of our respective tasks, the tour started at 8:00 p.m. so we had the "night tour."

But before you start pointing accusing fingers at me, yes, we hit the "night tours" but was all in clean fun. Just had more than the usual bottles of beer I am presently accustomed to since we had to drink at least one bottle for every spot we visited... and we're talking 4 to 5 places...

Davao is beautiful and clean. And very safe because I can even see people walking around secluded places even in the dead of night. Also, they have P99.00 all-you-can-eat places there...

So even with the night tour (that ended around 1:30 a.m.), I had to wake up at 4:30 a.m. because my service to the airport would pick me up at 5. Fortunately, I was not wasted enough so I managed to wake up at the correct time.

Not that I'm plugging them or anything, but I think Cebu Pacific is giving far superior service in its domestic routes. With the other airline, any out-of-town hearing I would have, I have to give at least a day before and a day after allowance because of the routine "unforeseen" flight delays or cancellations. I was really living its "plane always late" acronym to the letter.

With Cebu Pacific, I don't need to book a flight a day before the hearing. As a matter of fact, I have actually gone to an Iloilo hearing and arrived back after lunch to attend to another meeting in the afternoon (thrice). Yes, you can actually just fly in a destination, finish your work and fly out, all in one day. You cannot do that with the other airline.

I have sufficiently recovered yesterday so I can face my schedule for today: a hearing and two successive meetings, all in the afternoon.

Wednesday, October 26, 2005
This day in history from:

Just arrived from dreamland...

Since coming home this morning, I have been "unconscious" and I just arrived from dreamland.

I'm planning to return there after eating so if you'll excuse me, I'll just blog about my great time in Davao a little later.

Tuesday, October 25, 2005
This day in history from:

Off to Davao...

Going to Davao today, I mean, this early morning because I got to catch the 4:30 a.m. flight for my 8:30 a.m. hearing there.

Since I have to check in at least 2 hours before, I have to be at the airport at least 2:30 a.m., which means I have to leave the house about 2:00 a.m., which finally means I have to wake up at around 1:30 a.m.

With this thought, why go to sleep at all? Maybe I'll get some shuteye after the hearing...

I may be able to blog later in the day but don't count on it. My flight back to Manila is at 7:00 a.m. the next day so I have to be in the airport at least 5:00 a.m. I have an important meeting later in the afternoon...

Oh, by the way, I woke up 3:00 a.m. yesterday to catch up on some paperwork. Had a serious case of writer's block last weekend, all I could do was blog, play the flute, watch tv and eat...

So imagine the sleep deficit I have now...

Monday, October 24, 2005
This day in history from:

A Thousand Lives

This is the lyrics of the soon-to-be-released song of Bukas Palad, based on the words of St. Lorenzo Ruiz.

Salibong Buhay

Sanlibo man aking buhay,
bawat isa'y iaalay
sa Diyos at bayan kong mahal,
'sasanggalang inyong dangal.

Isugo Mo kahit saan,
hamakin man ako't saktan.
Dalangin ko'y maging tapat.
Pag-ibig Mo ay sasapat.

Sanlibo man aking buhay,
sanlibo ring iaalay.
Sanlibo kong kamatayan,
sa palad Mo ilalaan.


(Rough translation. Note: You can actually sing the melody to this English version.)

If I should have a thousand lives,
I'd offer each and every one
To God and Country that I love
and for your Honor, my lives will guard.

So send where You need me be,
Insulted, hurt I soon could be,
But with this fear, I humbly pray
Your Love suffice, Your Love remain.

A thousand lives, I may have
A thousand times, I'll offer thee
A thousand deaths, there may be
Into Your hands, I give in love.

Sunday, October 23, 2005
This day in history from:

Law School Days: First Semester, First Year

Came across this blog called "The Law and Economics of Lust, Love and Life..." by an Ateneo freshman law student who goes by the name Li'l Miss Eunice.

Of course it has some personal stuff, which presumably is fair game considering it's published in a blog. Suffice it to say that it's an interesting read.

But that is not the point of this entry. In legal parlance, it's merely an obiter dictum. Her blog is just the starting point. It has been 10 years since I graduated from the Ateneo School of Law.

That blog made me remember my law school days. And with this, I decided on a series of blogs on how my own law school days went, for the benefit of would-be and present Ateneo Law School students. In this way, they would have an idea on what to expect. I will do it on a per semester basis, every week.

So here goes:

Unlike other law schools, the degree conferred upon a successful Ateneo Law School graduate is a J.D. (Juris Doctor or Doctor of Jurisprudence) degree instead of an Ll.B. (Bachelor of Laws) degree.

What's the difference? I have not seen the curricula of other schools but I guess a J.D. degree is just an Ll.B, degree with a thesis requirement.

The Ateneo Law School was still located at H.V. Dela Costa, Makati that time.

First Semester, First Year (SY 1991-1992):

Subjects/Units/Teachers:

1. Criminal Law I- 3 units; The Late Judge Ruperto Kapunan, Jr.
2. Persons and Family Relations- 4 units; Atty. Mel Sta. Maria
3. Constitutional Law I- 3 Units; Atty. Sedfrey Candelaria
4. Introduction to Law- 1 Unit; Atty. (now Dean) Andres Bautista
5. Legal Profession- 1 Unit; Atty. Christopher Lim
6. Legal Research- 1 Unit; Atty. Rey Geronimo
7. Philiposphy of Law- 2 Units; Fr. (Atty.) Artemio Ferrer, S.J.
8. Statutory Construction- 2 Units; Atty. (Dean?) Jose Jesus Laurel
9. Labor Law I- 3 Units; The Late Dean Marcos Herras

General Highlights:

1. As I have seen the present curriculum, we had 3 more units (we had Labor Law I and II during our first year instead of third year), which means we have 4 major subjects instead of 3. As such, we really had a hard time, probably way harder than what freshmen are having now.

2. Of these subjects, we had our share of "terrors." Actually, all our major subjects were handled by, to put it mildly, "slave drivers." (eg., Attys. Sta. Maria and Candelaria). But don't worry, these are nice people, once you got through them. We got Atty. Sta. Maria again for Public International Law and he will do a metanoia on you, believe me.

3. I've heard from Fr. Bernas that faculty now are given a "terror rating" by the student body. We did not have the luxury of a warning at the time.

4. Introduction to law is integrated in a week-long freshman orientation seminar. But don't overlook it. It is still one unit.

5. The first year afternoon section would actually have classes finish in the afternoon. As you progress, all sections become night sections.

6. We only met Atty. Geronimo twice for Legal Research. He just gave us "homework" and then had a practical exam for the finals. He was even there for the finals.

7. The centralized notes bank started during our freshman year in an effort to take the out the advantages of the fraternities.

Personal Highlights/Thoughts:

1. It was a very rough period for me because of all the adjustment I had to make. Imagine, I was used to study intermittently in college and was still in the dean's list. During law school, I had to study for at least six hours everyday. The power crisis was already looming at that time so, I had to continue studying by candlelight. I was forced to cut back, if not stop completely, watching TV just to keep up with the daily study load.

How hard was law school (particularly the firs semester)? Let me put it this way. In college (when I still was not in law school), I knew law school was hard. In law school, I never knew it was that hard.

Try to imagine your hardest day in college. In law school, you can still watch a movie with that kind of day.

When I was in college, a reading assignment of 20 pages is already considered a heavy day. In law school, people went out to the mall with that kind of a day because we could cram that assignment in 5 minutes.

2. Met the people who would become my companions for my entire law school stay. You see, we had this car pool (consisting of one car only) where 6 of us rode going home. I took the bus going to law school. I went home to the same house I am living right now.

I spent a lot of my law school time with these guys on the road because all the flyovers were being built at the time. Traffic was horrendous to the point that I could already study in the bus without developing a headache. I can still read while on the road without getting dizzy.

3. They say when you're in law school your present habits will double and if you don't have a vice, you'll develop one. In our case, it was food because the group I was with were non-smokers and non-drinkers (I learned to drink way after law school).

But we used to pig out at Hong Ning, a panciteria (literally a noodle shop but a general term for a Chinese restaurant) along Aurora Blvd. every Saturday. Then we tried other places when we had breaks.

Then, we had a dream of starting a lawfirm and panciteria.

4. The building where I attended was just one closed structure, with closed hallways. So if you walked across the hall during breaktime, you just smoked a pack of cigarettes even before you got to your classroom.

5. I think the key subject for this semester is this "small" one called Statutory Construction. It was my favorite subject. This subject is key in understanding how to think like a lawyer and may dictate one's understanding of legal thinking.

6. Had my first girlfriend during this semester. Looking back, I never thought I could go through the first semester of law school and maintain a love live at the same time. And fortunately, I even managed to be in the Dean's list.

The next semester, next week.

God of Silence

The God of silence beckons me
To journey to my heart
Where He awaits
O Lord, I hear You calling tenderly
To You I come to gaze
At the beauty of Your face I cannot see

To rest in Your embrace I cannot feel
To dwell in Your love hurting but sweet
To be with You; to glimpse eternity

God of night, fount of all my delight.
Show Your light . . . that my heart, like Yours, burn bright.

Be still the torment of the night
Will not encumber you, if you believe
My child this darkness isn't emptiness
For here I mold your heart
Unto My image painfully you long to see

The self you yearn to be, but fear to know
The world from which you flee in Me find home
All these I give you, if you remain in Me

COUNTERPOINT:
I am ever here
My child, you need not fear
The dark will set you free
And bring your heart to Me

CODA:
The God of silence beckons me
To journey to my heart
Where He awaits me.

-words and music by Fr. Manoling Francisco, S.J.

Bukas Palad will hold its launch for the God of Silence Album on Saturday, 19 November 2005, at the Ateneo de Manila's Church of the Gesú.

The concert will be at 7:00 pm, preceded by a mass at 5:00 pm.

Admission is free. More details at their official website.

See you all there!

Saturday, October 22, 2005
This day in history from:

The Big Brother Mentality

You may recall these famous lyrics:

Every breath you take
Every move you make
Every bond you break
Every step you take
I’ll be watching you

Every single day
Every word you say
Every game you play
Every night you stay
I’ll be watching you

Oh, can’t you see
You belong to me
How my poor heart aches
With every step you take

Every move you make
Every vow you break
Every smile you fake
Every claim you stake
I’ll be watching you

Since you’ve gone I been lost without a trace
I dream at night I can only see your face
I look around but it’s you I can’t replace
I feel so cold and I long for your embrace
I keep crying baby, baby, please...

Oh, can’t you see
You belong to me
How my poor heart aches
With every breath you take

Every move you make
Every vow you break
Every smile you fake
Every claim you stake
I’ll be watching you

Every move you make
Every step you take
I’ll be watching you

I’ll be watching you
I’ll be watching you
I’ll be watching you
I’ll be watching you...

If you don't know by now, that's Every Breath You Take, sung by Sting when he was still with his group, coincidentally called "The Police."

Does it ring a bell today?

Just a thought for this weekend...

Friday, October 21, 2005
This day in history from:

The Voice of an Angel has grown up


OMG! How time flies! Welsh soprano Charlotte Church has grown up into a woman.

I was just playing her Dream a Dream CD to get Nico a feel of his first cogent Christmas season when I decided to google her up.

To my shock, I came across her new "Call My Name" music video... well see for yourself:

Windows Media: 56K 256K
Real Player: 56K 256K

I have always admired this Voice of an Angel ever since she was thirteen. And I always believed her version of The Prayer with Josh Groban was better than original Celine Dion and Andrea Bocelli.

Now, things are different. Like Hillary Duff and Lindsay Lohan, I may now have to consider the Angel in my oogle list.

Well, that's life.

Thursday, October 20, 2005
This day in history from:

It really pays to be early

Be it for a meeting or for a hearing, it really pays to be early.

I really don't know what up with that "Filipino time" mentality. For starters, it again casts the Filipino in a bad light (remember Filipina=domestic helper?).

When I was just starting in the practice, a Japanese client came early for our meeting and actually apologized for it. That blew me away. They really value time (both yours and theirs). They know that the appointed time was set for mutual convenience and anything later (or earlier) will inconvenience the other party. That was the most considerate thing I heard at the time.

Well getting back to being early, consider these advantages:

1. No stress.

Being late (especially for hearings) may have consequences for the lawyers.

I've had my way with some hearings just by being early. In practice, judges have differing "call times" and some veteran (experienced lawyers) memorize these call times just to arrive "fashionably" just before their first or second call.

But that takes a lot of memorization and if you have a lot of cases with different judges that's another useless thing to memorize.

Being early takes way less memory because all you need to remember is arriving early in any case.

It likewise takes out the stress of hurrying up to even catch the hearing or meeting (or catch up if you're already late). If you arrive early, you can already relax, collect your thoughts and sufficiently prepare yourself so you can map out your objective/agenda for that particular meeting or hearing.

2. No flak.

Just bear in mind that appointments are set at the common convenience of all the participants. There's a reason why that meeting (or hearing) was set at that particular date and time. More often than not, we already set other things around that agreed time. So imagine the havoc that being late would wreak in all their schedules (yes, even the one who was late).

Some people would be being "fashionably" late as a status symbol. They think being late gives a perception of a super busy schedule (hence, giving a false feeling of importance). On the contrary, I think being late gives me impression of an unorganized person, concerned only with himself. This may already dictate my attitude and agenda for that particular meeting.

So grab an organizer or a diary!

Don't have one or can't afford one? You're kidding! What's that in your hand? Almost all celfones now have calendars/planners.

Wednesday, October 19, 2005
This day in history from:

Exercise of Rights a Nuisance?

For those of you even entertaining the thought that the exercise of constitutional rights is a public nuisance, just better make sure you have the same view once your own right to life and property are being treated as such by the government. And don't give me that "well these rights are different" crap because you wouldn't know where to draw the line. I know I wouldn't. And consequently, neither will they.

Just remember this famous passage:

First They Came for the Jews

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Pastor Martin Niemöller

I thought so...

All this fuss about someone bringing a gun in that "cannonization" rally a few days ago has been explained by a senator as being her bodyguard. (See Jove's entry on this. Hey Jove! Where's my iPod? Heheheheheh!)

I thought so. A guy dressed in short barong plus a gun plus an umbrella plus a senator equals bodyguard. Assuming that guy has a permit to carry that gun, what are the police going to charge him? Illegal dispossession of firearms?

Making an issue out of this gun is one of the oldest techniques in magic called "misdirection." So I think once this explanation gets out, egg will be on the faces of the police if they continue pushing this issue.

They would want us to believe that this gun triggered (pardon the pun) the hose down. C'mon! That's the most blatant, most obvious afterthought I've ever heard! (And believe me, I've heard a lot of them already.) They saw the gun after the hose down and not before... This gun-toting Kevin Costner was discovered way after, when the police were grasping at straws for an excuse.

But clearly, this is not the issue here. Focus, people!

Let us not forget the issue here is freedom of expression and peaceful assembly. Even if that rally was purely political, it did not merit or deserve that kind of response. All it proved that the police is as trigger happy (or valve happy) as the paranoid administration it serves.

The only good thing that came out of this police fiasco is the reversion to "maximum tolerance" before calibrated pre-emptive response. Of course being budget season, the good senator may have that erring fireman appear in the budget hearings of the Department of Interior and Local Government to give him a hose down of her own.

Shame on them, nevertheless! It only bolsters the theory that police intelligence is even lower than military, animal and human intelligence in the heirarchy. But there's no sense arguing with them anyway, with their sa presinto ka na lang magpaliwanag (just explain it in the precinct after I arrest you) mentality.

Whew!

Yes, the time stamp on this entry is correct. Just came from the hospital.

Nico was nursing a sore throat the past week. He responded well to antibiotics but a day after his treatment ended, his temperature shot up again yesterday afternoon and again before midnight.

Thinking it was something else (something worse...), I took him to the emergency room of PCMC, as that is the only way I could reach his pediatrician outside clinic hours.

For a while, E.R. doctors were talking about a blood test. But they said this without seeing his throat yet. When they took a peek, it was still sore!

Whew! I would have given an arm and a leg for it to be just sore throat and not what I think it was... Thank God!

Anyway, got to get some shuteye. Have to wake up at 6:00 a.m. to drive Bea to school...

Tuesday, October 18, 2005
This day in history from:

The Philippine Blogosphere's New Big Guns!

I can't believe the company the Philippine Blogosphere is getting these days so a few shoutouts are in order. I just can't help but join the bandwagon in welcoming the following personalities:

1. Of course, the Bishops (via this Pinoy Tech Blog entry), who unknown to us, have already been amongst us for quite some time:

Dialogue by Archbishop Fernando Capalla (CBCP President)
Viewpoints by Archbishop Oscar Cruz
Perspective by Archbishop Orlando Quevedo
Tidbits by Bishop Leonardo Medroso
The Meaning by Bishop Jose Manguiran

2. Jessica Zafra continues her Twisted series in the Blogosphere.

3. Last and by no means the least, the venerable (not venable) Dean Jorge Bocobo has made a comeback with his new blog, Philippine Commentary.

I'm just so excited with the company we keep nowadays. To them, a warm (or is it warn?) welcome and let's all keep on blogging!

(This entry I made on the mistaken assumption that I'm a somebody in the Philippine Blogosphere and/or the people I greeted would actually read this... just bear with me a little for the ego-trip... please?)

Monday, October 17, 2005
This day in history from:

Blog Lecture No. 46: Demolition/Eviction

Now for a lecture on something close to my work right now.

Where is state policy as regards urban housing found?

It is found in Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 (the "UDHA").

What is the difference between a demolition and an eviction?

Demolition involves destruction or removal of structures while eviction involves removal of persons from their places of dwelling.

There may be an eviction without a demolition but there cannot be a demolition without an eviction. (Did you get that?)

What is state policy as regards demolitions/evictions?

Acccoring Section 28 of the UDHA, eviction or demolition as a practice shall be discouraged.

What are the exceptions?

They are:

a. When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;

b. When government infrastructure projects with available funding are about to be implemented; or

c. When there is a court order for eviction and demolition.

Any additional requirement(s) if the demolition/eviction will be effected by the government (whether national or local)?

If the proponent for a demolition/eviction activity is the national or local government, a government agency or a government owned and controlled corporation, it must also comply with Executive Order No. 152, series of 2002.

According to this executive order, a government proponent must apply for a certificate of compliance with the Presidential Commission for the Urban Poor before undertaking such demolition/eviction activity.

Is this certificate of compliance a clearance for the government agency to demolish/evict?

No. It merely certifies that the proponent has complied with the requirements of the UDHA (prior to the demolition/eviction activity). It is not a clearance and the lack thereof does not give anyone a ground to stop such activity.

One cannot get a court injunction on a demolition/eviction activity because of this lack of certificate.

So what is the consequence if the government proponent does not have such certificate upon commencing a demolition/eviction activity?

It exposes such government proponent (and the responsible officers) to possible administrative and criminal cases for violation of the UDHA and Executive Order No. 152.

Likewise, the proponent is not entitled to police assistance without such certificate.

What must be observed if at all, a demolition/eviction is to be undertaken?

According to Section 28, there must be:

1. Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition;

2. Adequate consultations on the matter of resettlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;

3. Presence of Local government officials or their representatives during eviction or demolitions;

4. Proper identification of all persons taking part in the demolition;

5. Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

6. No use of heavy equipment for demolition except for structures that are permanent and other of concrete materials;

7. Proper uniforms for members of the Philippines National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

8. Adequate relocation, whether temporary or permanent.

What if these are not followed?

The responsible persons will be liable under the penal provisions of the UDHA which is not more than six (6) years of imprisonment or a find of not less than Five thousand pesos (P 5,000) but not more than One hundred thousand pesos (P 100,000), or both, at the discretion of the court.

Sunday, October 16, 2005
This day in history from:

(Not so) Easy like Sunday Morning

The operative word for today is chores.

It's a good thing I was able to do my grocery-shopping yesterday so there will be less chores today. Nico's milk, though, was out of stock so I had to scoot over to Mercury Drug in the same mall to buy it separately. Unfortunately, it's located at the other end of the mall. Let's just say that was my daily dose of exercise...

Our choir violinist went to Hong Kong for two weeks so I had to take over his choir parts (his "chores") yesterday. It went well.

I will spend much of this morning having my car's air conditioner fixed. Then, it's off to drive my family to a clan gathering. Hopefully, I can get home on time to join my choir at St. Peter's 6:00 p.m. mass. But if I don't make it, I guess it's ok.

As much as I would want to comment on the recent CPR (Certified Pranning Reaction) of our trigger-happy (more accurately valve-happy) firemen, I would probably postpone that for tomorrow, if at all.

It's a good thing Fr. Robert Reyes' aerodynamic (or in this case, hydrodynamic) head bore the brunt of the high-pressure water and not the elderly people there. See for yourself:

Image from inq7.net. Click here for the caption.
Related story here.

Later...the chores call...

Saturday, October 15, 2005
This day in history from:

New Look

As you can see, Punzi's Corner Blog has a new look.

And as you may know, I'm a lawyer, not a web-designer (or even an artist, though I'm the son of an artist/award-winning architect).

Ergo, there must be some other person responsible for this new design and that is Jeff Vergara of The Dubai Chronicles.

Thanks, Jeff. I can't thank you enough.

I've always wanted a template that I can call my own because I'm pretty sure my old template is one among so many blogs that carry it. As you can see, the design is truly a reflection of who I am: my work/profession and the two most precious persons in my life. Jeff captured it succinctly.

I owe the guy a drinking spree when he gets back to the Philippines, or in Dubai, if I ever get the chance to go there (because I heard they're accepting lawyers). And that's a promise.

Friday, October 14, 2005
This day in history from:

La Vida Lawyer's "Squeeze Play"

For today, I would like to defer to my kumpadre's blog entry entitled "The Squeeze Play: The Cycle of Dissent and Repression Today."

He rarely blogs about these things nowadays given his super busy schedule but when he opens his mouth (or more accurately, fires up his trusty iMac G5s), we better listen. Besides, I couldn't say it better than him.

Read it. Savor it. Understand it. Learn from it.

Thursday, October 13, 2005
This day in history from:

Watching the Apple Launch Event

Just about to finish watching Steve Job's Apple Special Event for October, with the launch of the new iMac G5, the new iPod and iTunes 6.

Great new products. It's a good thing I don't have the money (yet) to buy an iPod since it now has a bigger color screen and plays videos. Makes me want to work harder to buy the stuff. That Steve Jobs is an amazing fellow. Still works as if he still has something to prove.

It's a welcome break from all the bad news we have been getting lately. I suggest you watch it. But you'll need Quicktime for that.

So if you'll excuse me, I'll just wipe the drool from the floor...

Wednesday, October 12, 2005
This day in history from:

Disturbing...

The unholy trinity:

1. Calibrated Preemptive Response for the protesters
2. Anti-terrorism for the political opponents
3. State of Emergency for the economy

If that's not martial law, I don't know what is...

Disturbing...

Jessica's Back!

Jessica's return was yesterday's highlight.

The deal was somewhat modified. They couldn't find a 20Gb hard disk anymore. So now Jessica has a new 30Gb hard disk. The 40Gb deal did not fall, through.

Anyway, just finished installing everything back so I can put her to productive use again. I was supposed to install Bayanihan 3.1 Linux but I couln't get the WiFi to work so I had to install the same old, same old.

But she sure performs better on the Linux. I will reinstall that operating system as soon as I can resolve the WiFi issue...

I'll blog some more later. Tired already. (Yes, the time stamp is correct...)

Monday, October 10, 2005
This day in history from:

Preposterous

As if it already has its act together, the Administration is now demanding an apology from the opposition for the American spying fiasco.

What a preposterous demand! As I have stated before, it should be seeking that one from the Americans, not those who received the information. It probably could not find a crime to charge them with, so it's just content with an apology...

While they're at it, they'll probably demand apologies from all people who received joke text messages against the administration. Then, they'll demand apologies from all those who still have "Hello Garci!" ringtones in their phones.

So desperate and pathetic! That spokesman is already on his hands and knees, begging to be fired...

Sunday, October 09, 2005
This day in history from:

Results of the Sixth Visit

Again, nothing new. As in nothing... again.

I do hope she tells us if she will visit or not next time because I'm setting aside a day for her when we could be going somewhere else...

Likewise, this is for record purposes, just in case her lawyer even thinks about haggling for additional visits...

Amazing

Isn't it amazing that instead of raising hell because national security has been breached by confirmed American spying, this administration has instead used the opportunity to accuse its detractors of planning its downfall? And instead of mobilizing law enforcement to find out who is spying on the government and where the breach in security is, it will investigate the spy's links to the opposition.

Had the present administration been truly guarding national interest, it would have been lodging the appropriate diplomatic protests against such spying actvities of the United States. It would have also, as stated above, investigate American espionage/intelligence gathering activities in the Philippines.

But no! The administration merely used it as bullets in its increasingly difficult efforts to perpetuate itself in power.

This, along with recent activities (such as EO 464 and Calibrated Preemptive Response) is proof positive that this administration is merely in survival mode, oblivious to the problems of governance.

For how long can this country take this? And again, why are we taking this sitting down?

Hmmm... I heard New Zealand is taking immigrant lawyers...

Saturday, October 08, 2005
This day in history from:

Defender of Human Rights Backing Down

What's this I hear the Commission of Human Rights calling for a moratorium for the exercise thereof?

It's ridiculous. By default, this commission should be defending human rights. It should on the side of human rights and not bowing down to those who trample upon it.

Under Article XIII, Section 18 of the 1987 Constitution:

SEC. 18.The Commission on Human Rights shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, ad information to enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

While independent, the Commission on Human Rights is an advocate, not an impartial judge of violations of human rights. It should naturally side with those who seek to enforce, exercise it and the victims of its abuse. It has no business being neutral or worse, side or even be perceived to side with the violators thereof.

For that reason alone, these commissioners must resign for they have backed down and betryed their mission. If you cannot do this very basic advocacy, you have no business being there. If you can't do your basic job, I'm sure the Filipino people can get somebody who will.

Friday, October 07, 2005
This day in history from:

The Party went well...


As you can see from the picture above, the party went well. It was a small gathering, with only immediate family and neighbors present...

For today: pay bills, go to my consultancy office and play for the 7:00 p.m. mass at the EDSA Shrine. It's open to the public (I think it's also First Friday so I expect a lot of people there). If you really must know or for those who don't know by now, I'll be the one playing the flute tonight.

Thursday, October 06, 2005
This day in history from:

Blog Lecture No. 45: Res Gestae

Now for another relevant blog-lecture...

Are we in Latin class? What the heck does res gestae mean?

No, it's not something that smells bad. Res Gestae is a Latin term for "things done." It includes the circumstances, facts and declarations incidental to the main fact of transaction, necessary to illustrate its character and also includes words an declarations which are so closely connected there with as to constitute part of the transaction.

Utterances that are part of Res Gestae are exemptions to the hearsay rule, even if the one that testified only heard it from the one speaking or heard it from another who heard.

Before proceeding, please read this blog lecture.

What is the rule of res gestae as an exception to the hearsay rule?

According to the Rules of Evidence:

Sec. 42 Part of res gestae. — Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae.

What?

So let's break it down.

What are sponatenous statements?

It is a statement made immediately prior to, while or immediate after a startling occurrence is taking place.

Examples are this exception usually involves 911 calls or quick police responses where the victim is found hysterical, in great pain, frightened, and/or bleeding profusely, as with a domestic violence, battery, or rape incident.


The requisites are:
1. There must be a startling occurrence.
2. The statement must be related to the circumstances of the startling occurrence.
3. The statement must be spontaneous.

For a relevant example, startled by a sudden raid and arrest operation for rebellion, Vicky stated, "Why arrest only me? My brother-in-law Frank is the mastermind!" If the arresting officer heard this and testified, his testimony is an exception to the hearsay rule and may even given weight. Note, however, the need for a startling occurrence like a sudden raid for this to be an admissible hearsay, as well as the other requisites stated above.

Now what are verbal acts?

Verbal acts are utterances that accompany an act, desired to give legal effect.

Examples:

"Stick 'em up," accompanying the pointing of the gun, is admissible in evidence to show intent of robbery.

"Hang on to this for safekeeping," accompanying handing over some money or jewels is still admissible to prove that money or jewels were not owned by the recipient.

What grade did you get in the bar exams?

Secret...

Thanks to my late teacher on evidence, Justice Ricardo Francisco, his book and this web page for this lecture...

A birthday letter to my two-year old son...


Dearest Nico,

Let me be the first to greet you a very Happy Second Birthday. I have watched and taken care of you since day zero. I have watched you grow, so far, into a very curious, healthy and intelligent boy. You have come so far and for that, I am so proud of you.

More than the small and intimate party you will have, the gifts you will receive today (one of which you already got and rode...), the cheers and greetings coming to you and due you today, I wish you a healthy and normal life considering the peculiar situation we are in.

You may not understand this today, but someday you may come across this blog and this particular entry I have written to you. Much as I want to explain our situation, how you may be curious later on, how you may ask where is your mother and why you don't have one by your side, I cannot because I, too, am still in the process of asking the same question.

I really do hope I can fill the gap that your mother has left, for both you and Bea. At least in Bea's case, she experienced a mother who loves her and cares for her for about four years. You see, we left your mother when you were a mere four months old but she was never a mother to you from the start anyway. And considering that I took care of you from the very start, with your mother's negligible to non-existent support, you really don't have a concept of a mother.

How I wish I can be a mother to you at the same time. I will try. But there are things only mothers can do. And for that, I apologize for this is not your fault.

More than the material gift I will provide you now and those I will provide your subsequent birthdays, I give you the gift of a promise.

And this promise I give to Bea as well.

I promise I will never put my own happiness ahead of yours.

As far as I am concerned, I lost my gamble on love and marriage and I choose to walk away when I still have love to give. And I choose to just give it all to both of you now.

I will never make any decision, on the slim change that the gamble presents itself again, based only on my happiness. As a matter of fact, it will still only be your happiness I will seek before my own in making such a gamble.

I will devote all my energies to raise you and your sister the best way I know how. And with the help of your family, your grandfather and grandmother, your aunt and uncle and your cousins, and of course Almighty God, I do hope I succeed. For both of your sakes.

Happy Birthday Nico! Bea and I love you very much.

Love,

Daddy


Wednesday, October 05, 2005
This day in history from:

An Arm and a Leg

While I am blessed now with as much work as I can wish, these past few days is clearly showing October will cost me an arm and a leg.

First, Bea's second semestral payments was due last Monday and my collectibles did not make it on time. Thank God for the Banco de Mamá. But then I still have to come up with that huge amount of money sometime this week.

Next, tomorrow is Nico's second birthday. While we plan nothing fancy for tomorrow, I was shocked how much I spent just for the ingredients of spaghetti. How much more for the cake and barbeque? Even the simplest of fares now cost so much.

Then, the price of liquified petroleum gas is set to go up every week this month.

And finally, the usual credit card bills.

Only one thing's sure: I have to score something big this year just for my peace of mind. My bills are already keeping me up at night. That's what worries me...

Come to think of it, recent events are likewise costing this country an arm and a leg...

The Mexican Standoff (as Professor Lacierda terms it) is costing this country an arm and the rising prices is costing us a leg.

Then there is this term now being used which sends chills down our spine: clear and present danger.

I fear this term on two levels. On the first level, it may already be true, that is, we are really are under imminent threat (be it internal or external). On the deeper level, people are floating this term as an excuse for the scenario stated in this post.

In the final analysis, whatever the reason for floating this term, we are, indeed, in clear and present danger, in either case. Does not matter from whom or from what. And it scares the bejesus out of me...and not to sound alarmist or prophetic...

Let's just hope we really don't pay with our arms and legs this time...

I'm thinking of conducting a lecture on res gestae next time...maybe when I'm not too busy...

Somebody get me vallium...

Tuesday, October 04, 2005
This day in history from:

Whereas...

"WHEREAS, on the basis of carefully evaluated and verified information, it is definitely established that lawless elements who are moved by a common or similar ideological conviction, design, strategy and goal and enjoying the active moral and material support of a foreign power and being guided and directed by intensely devoted, well trained, determined and ruthless groups of men and seeking refuge under the protection of our constitutional liberties to promote and attain their ends, have entered into a conspiracy and have in fact joined and banded their resources and forces together for the prime purpose of, and in fact they have been and are actually staging, undertaking and waging an armed insurrection and rebellion against the Government of the Republic of the Philippines in order to forcibly seize political and state power in this country, overthrow the duly constituted government, and supplant our existing political, social, economic and legal order with an entirely new one whose form of government, whose system of , laws, whose conception of God and religion, whose notion of individual rights and family relations, and whose political, social, economic, legal and moral precepts are based on the Marxist-Leninist-Maoist teachings and beliefs ;

WHEREAS, these lawless elements, acting in concert through seemingly innocent and harmless, although actually destructive, front organizations which have been infiltrated or deliberately formed by them, have continuously and systematically strengthened and broadened their memberships through sustained and careful recruiting and enlistment of new adherents from among our peasantry, laborers, professionals, intellectuals, students, and mass media personnel, and through such sustained are careful recruitment and enlistment have succeeded in spreading and expanding, their control and influence over almost every segment and level of our society throughout the land in their ceaseless effort to erode I and weaken the political, social, economic, legal and moral foundations of our existing government, and to influence, manipulate and move peasant, labor, student and terroristic organizations under their influence or control to commit, as in fact they have committed and still are committing, acts of violence, depredations, sabotage and injuries against our duly constituted authorities, against the members of our law enforcement agencies, and worst of all, against the peaceful members of our society;

WHEREAS, in the fanatical pursuit of their conspiracy and widespread acts of violence, depredations, sabotage and injuries against our people, and in order to provide the essential instrument to direct and carry out their criminal design and unlawful activities, and to achieve their ultimate sinister objectives, these lawless elements have in fact organized, established and are now maintaining a Central Committee, composed of young and dedicated, radial students and intellectuals, which is charged with guiding and directing the armed struggle and propaganda assaults against our duly constituted government, and this Central Committee is now imposing its will and asserting its sham authority on certain segments of our population, especially in the rural areas, through varied means of subterfuge, deceit, coercion, threats, intimidations, machinations, treachery, violence and other modes of terror, and has been and is illegally exacting financial and other forms of tributes from our people to raise funds and material resources to support its insurrectionary and propaganda activities against our duly constituted government and against our peace-loving people ;

WHEREAS, in order to carry out, as in fact they have carried out, their premeditated plan to stage, undertake and wage a full scale armed insurrection and rebellion in this country, these lawless elements have organized, established and are now maintaining a well trained, well armed and highly indoctrinated and greatly expanded insurrectionary force, popularly known as the "New People's Army", which has since vigorously pursued and still is vigorously pursuing a relentless and ruthless armed struggle against our duly constituted government and whose unmitigated forays, raids, ambuscades, assaults, and reign of terror and acts of lawlessness in the rural areas and in our urban centers brought about the treacherous and cold-blooded assassination of innocent civilians, military personnel of the government and local public officials in many parts of the country, notably in the Cagayan Valley, in Central Luzon, in the Southern Tagalog Region, in the Bicol Area, in the Visayas and in Mindanao, and whose daring and wanton guerrilla activities have generated and sown fear and panic among our people; have created a climate of chaos and disorder, produced a state of political, social, psychological and economic instability in our land, and have inflicted great suffering and irreparable injury to persons and property in our society";

WHEREAS, these lawless elements, their cadres, fellow-travellers, friends, sympathizers and supporters have for many year up to the present time been mounting sustained, massive and destructive propaganda assaults against our duly constituted government, its instrumentalities, agencies and officials, and also against our social, political, economic and religious institutions, through the publications, broadcasts and disseminations of deliberate slanted and overly exaggerated news stories and news commentaries as well as false, vile foul and scurrilous statements utterances, writings and pictures through the press-radio-television media and through leaflets, college campus newspapers and some newspapers published and still being published by these lawless elements, notably the "Ang Bayan", Pulang Bandila" and the "Ang Komunista", all of which are clearly well-conceived, intended and calculated to malign and discredit our duly constituted government, its instrumentalities, agencies, and officials before our people making it appear to the people that our government has become so weak and so impotent to perform and discharge its functions and responsibilities in our society and to our people, and thus undermine and destroy the faith and loyalty and allegiance of our people in and alienate their support for their duly constituted government, its instrumentalities, agencies and officials, and thereby gradually erode and weaken as in fact they have so eroded and weakened the will of our people to sustain and defend our government and our democratic way of life ;

WHEREAS, these lawless elements having taken up arms against our duly constituted government and against our people, and having committed and are still committing acts of armed insurrection and rebellion consisting of armed raids, forays, sorties, ambushes, wanton acts of muliders, spoilage, plunder, looting, arsons, destruction of public and private buildings, and attacks against innocent and defenseless civilian lives and property, all of which activities have seriously endangered and continue to endanger public order and safety and the security of the nation, and acting with cunning and manifest precision and deliberation and without regard to the health, safety and well-being of the people, are now implementing their plan to cause widespread, massive and systematic destruction and paralization of vital public utilities and services, particularly water systems, sources of electrical power, communication and transportation facilities, to the great detriment, suffering, injury and prejudice of our people and the nation and to generate a deep psychological fear and panic among our people;

xxx

WHEREAS, these lawless elements have to a considerable extent succeeded in impeding our duly constituted authorities from performing their functions and discharging their duties and responsibilities in accordance with our laws and our Constitution to the great damage, prejudice and detriment of the people and the nation;

WHEREAS, it is evident that there is throughout the land a state of anarchy and lawlessness, chaos and disorder, turmoil and destruction of a magnitude equivalent to an actual war between the forces of our duly constituted government and the New People's Army and their satellite organizations because of the unmitigated forays, raids, ambuscades, assaults, violence, murders, assassinations, acts of terror, deceits, coercions, threats, intimidations, treachery, machinations, arsons, plunders and depredations committed and being committed by the aforesaid lawless elements who have pledged to the whole nation that they will not stop their dastardly effort and scheme until and unless they have fully attained their primary and ultimate purpose of forcibly seizing political and state power in this country by overthrowing our present duly constituted government, by destroying our democratic way of life and our established secular and religious institutions and beliefs, and by supplanting our existing political, social, economic, legal and moral order with an entirely new one whose form of govern- ment, whose notion of individual rights and family relations, and whose political, social, economic and moral precepts are based on the Marxist-Leninist-Maoist teachings and beliefs ;

WHEREAS, the Supreme Court in its said decision concluded that the unlawful activities of the aforesaid lawless elements actually pose a clear, present and grave danger to public safety and the security of the nation xxx

WHEREAS, in addition to the above-described social disorder, there is also the equally serious disorder in Mindanao and Sulu resulting from the unsettled conflict between certain elements of the Christian and Muslim population of Mindanao and Sulu, between the Christian "Ilagas" and the Muslim "Barracudas", and between our government troops, and certain lawless organizations such as the Mindanao Independence Movement;

WHEREAS, the Mindanao Independence Movement with the active material and financial assistance of foreign political and economic interests, is engaged in an open and unconcealed attempt to establish by violence and force a separate and independent political state out of the islands of Mindanao and Sulu which are historically, politically and by law parts of the territories and within the jurisdiction and sovereignty of the Republic of the Philippines;

WHEREAS, because of the aforesaid disorder resulting from armed clashes, killings, massacres, arsons, rapes, pillages, destruction of whole villages and towns and the inevitable cessation of agricultural and industrial operations, all of which have been brought about by the violence inflicted by the Christians, the Muslims, the "Ilagas", the "Barracudas", and the Mindanao Independence Movement against each other and against our government troops, a great many parts of the islands of Mindanao and Sulu are virtually now in a state of actual war;

WHEREAS, the violent disorder in Mindanao and Sulu has todate resulted in the killing of over 1,000 civilians and about 2,000 armed Muslims and Christians, not to mention the more than five hundred thousand of injured, displaced and homeless persons as well as the great number of casualties among our government troops, and the paralyzation of the economy of Mindanao and Sulu;

WHEREAS, because of the foregoing acts of armed insurrection, wanton destruction of human lives and property, unabated and unrestrained propaganda attacks against the government and its institutions, instrumentalities, agencies and officials, and the rapidly expanding ranks of the aforesaid lawless elements, and be- cause of the spreading lawlessness and anarchy throughout the land, all of which have prevented the government to exercise its authority, extend to its citizenry the protection of its laws and in general exercise its sovereignty over all of its territories, caused serious demoralization among our people and have made the public apprehensive and fearful, and finally because public order and safety and the security of this nation demand that immediate, swift, decisive and effective action be taken to protect and insure the peace, order and security of the country and its population and to maintain the authority of the government;


Sounds familiar? I just quoted some of the "whereas" clauses in Proclamation 1081. Remember this? The one that proclaimed martial law in the Philippines...

Never forget...

Never again...

Monday, October 03, 2005
This day in history from:

Sunday Nothing

It was a welcome change. Spending a day doing nothing...

Of course, there were the essentials: sleep, eat, internet...

But for some twisted reason, our cable service has been on the blink every Sunday. Those people have idiot repair plans. They could schedule their repair and/or maintenance activities on some other day (perhaps on a week/workday when people don't really watch television). But no! They schedule it on the one day people actually want to watch TV. Idiots!

Next, I called the repair shop where Jessica is. Still nothing. They just have to replace that friggin' hard drive. I think they're having a hard time finding a replacement 20Gb hard disk since the 40Gb is now more common. But in their shrewdness, they're insisting on the 20Gb. They already offered the 40Gb upgrade for an additional P500.00 and I accepted it first because it's cheap and second, I wanted Jessica back as soon as possible.

I already blew my top yesterday because even if I use Lindsay most of the time, I still need Jessica for work. And I made that perfectly clear to them. It's almost two weeks and I was supposed to experiment with it by installing the Bayanihan Linux 3.1 and find some open office alternatives. I wouldn't want to go around with "authenticity challenged" software, would I?

Also, the Jesuit Brother-friend that recommended Linux to me said, it was way faster than Windows since it was not carrying more than 25 years worth of crap. Because in their quest for backward compatibility, Microsoft was still carrying technology from the PC-DOS days, unlike the other platforms such as Linux, Mac OS X (whatever cat variety), UNIX, etc. which are new. He said Linux was still fast, even on a Pentium II.

Anyway, it's back to my consultancy today (after paying Bea's final tuition fee installment) and a possible client call tonight...

Sunday, October 02, 2005
This day in history from:

Saturday Night Working...

Again, to my surprise, I did not anticipate my schedule yesterday.

After mass, I was approached by a cousin of a party-litigant against a client of mine, giving me an ultimatum to have said client pay up...

I was just supposed to meet my best friend for dinner. It turned out to be a discussion with his principals the homeless situation in the Philippines.

Then another long-lost high school classmate texted me asking for help. He was in my other high school classmate's (and friend) house.

One thing led to another and we spend a good part of midnight to early morning in that house. It was a mini high school reunion of sorts.

Again to my surprise, we did not consume alcohol. We just talked about "things," consuming soda and this fantastic tea. And of course, their legal problems...

Then the topic went to what men discuss when they are by themselves? Of course, women.

Turns out, my friend discovered, on his own, the findings I have arrived at in this entry.

But he took it one step further. He presented his own theory on what women want, which I theorized men don't have a clue about.

It was a valid theory. But we're keeping it to ourselves.

A Saturday night and still working...

I'll catch some sleep first...

Saturday, October 01, 2005
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That Eastwood sure is purty

Yesterday, I thought I was to spend a "relatively relaxing" day at my government consultancy.

I was sure wrong.

I come to that office with a meeting in progress that I immediately dove into. Lots of problems, higlighted by the developing national situation. The people one top are being wooed to resign by the civil society.

Convinced to do so, it seems, is easy to do.With calibrated preemptive response, EO 464, Gudani confirming Garci, and the Ombudsman quitting, it's very easy to loose trust in the people we have served since 2001 (the year I got entangled in government).

Just to interject a short opinion: our President is sure turning sensitive right now. The insults and politics go hand in hand. To turn sensitive to it now is so hypocritical.

Let's just put on record that I'm going where they're going. If they're going out, so am I. My resignation is already drafted (since the Hyatt 10 incident). And this is probably my last stint in government. I decided to hold on only because of the people we are trying to serve and my desire to assist those who are sincerely trying to help them. So when they leave, I will leave.

Anyway, after that meeting, I got a call from a client to meet in Eastwood. I haven't seen this client for a long time (they're one of my first clients in my solo practice) and they have brought in the prospect of way huge work. (Translates to way huge revenues also) But I'm still weighing if I can handle it myself or subcontract it to my friends.

Before that, a friend likewise wanted to see me for advise. We even had dinner after the meeting with that other client (for more advise).

Between those meetings, I got a chance to wander about Eastwood on a Friday late afternoon and evening, which I have not done. The scenery sure is purty. In more ways than one. Lots of pretty girls... (Hey! It's not bad to look! And by the way they dress now, it's very obvious they WANT to be looked at.)

With these series of unplanned meetings, the thoughts of a "relatively relaxing" day sure vanished. But that's what I like about my profession. I'm not a desk job kind of a guy. I don't like my days the same. I like it different each time, with unexpected twists and turns. And that's why I love my iPaq.

For today: Meet with my best friend and choir day!

Disaster relief, sustainable development & community service


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Side Prayers

PRAYER FOR GENEROSITY
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

THE LAWYER'S PRAYER
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.

THE JABEZ PRAYER
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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