my birthday wishlist

1. my grandparent's good health, long life and prosperity.
2. my Roll of Attorney's number.
3. Carol's safe journey to the U.S., and her side trip to Rome.
4. temporary employment (as an educator)
5. a new pair of jeans
6. a new pair of shoes
7. good health for all of my friends

ergo sum

To add some color to my blog, I shall recount some events in my so-called ‘vita’.

Last week, I took Carol out to the Promenade. We ate at Gerry’s, watched Stardust, and relaxed at Starbucks. It was nice to have a somewhat ‘normal’ conversation after the Bar. We talked about our experiences during the bar, our career plans, the ‘what ifs’ of our lives, and came to the conclusion that we are still adjusting our systems to what can be defined by laymen as ‘normal.’ Normalcy, being a relative term, for us, was once abject and stressful raised to the Nth power. Now, we are becoming ‘normal’ normal.

She’s going away for a month and will be leaving on October 30. (Ouch.) At any rate, it ain’t that bad, we survive, we’re Spartans… nay, Romans.

On the other hand, I also handed to Avic Tañedo last week my resume. It is only contingent, if and when they hire again for the next semester. If permitted by the circumstances, I’ll teach Philippine Government and Constitution (which I can braggingly say I can teach with my eyes closed, as every barrister could.) at Perpetual Help College Manila. Since the employment contract is terminable every semester, it would be just right until the time the results come in. I ain’t really looking for the pay, just the experience. I really want to teach, especially in AB.

Also, my grandmother is in the hospital for almost a week now. Her hypertension has caused a mild stroke, and she’s recuperating well, thank God. Hopefully, she’ll be out by the end of the week.

I also went to Chinatown this afternoon. Yes, I love the hustle and bustle of buyers and merchants, cars, calesas, Pinoys and Tsinoys, horse dung lying on the street, the scent of incense burning at the side street shrine, colorful lucky charms, jewelry and all those goodies. Binondo is indeed an urban paradise of sorts for the adventurous. So is Quiapo. I love Old Manila.

of dues process and social justice

MMDA’s act of demolishing those squatter’s residences along congested streets should be condemned. Does MMDA have authority to do so? And assuming arguendo that they do, was it done in accordance with law?

They justify their acts by saying that squatters are nuisances. Hello! Although you may not be lawyers, yet you people are government official with access to lawyers, legal documents, and burdened with the presumption of regularity of office (in short, you are presumed to know what you are doing.) The law on NUISANCES applies only to PROPERTY, and NEVER on PEOPLE.

Assuming arguendo, that what they are removing are the houses of the squatters, which are indeed property, and based on fact that these stand on public streets which are res communes, meaning, they belong to everybody, hence, cannot be appropriated in anyway for public use, all government agencies are enjoined to observe DUE PROCESS, one of the most basic and fundamental rights of the people. Furthermore, MMDA failed to observe SOCIAL JUSTICE. As succinctly put by the then Supreme Court Justice Dr. Jose P. Laurel in the celebrated case of Calalang versus Williams, “Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the HUMANIZATION of the laws and the EQUALIZATION of the social and economic forces of the State, so that justice, in its rational and objectively secular conception may at least be approximated.”

I myself do not condone the act of squatting, indeed, those shanties must be eliminated. However, what I abhor is the summary demolition done by the MMDA without due process! There was no notice, there was no hearing! These poor people should have been notified first of the intent of MMDA to demolish the shanties, and should be given the opportunity to be heard. MMDA just cannot storm their way in and like robbers in the night, take all the worldly possession of these people, though little they may have, it means the world to them. MMDA has become a social tyrant. Instead of becoming a government agency intended to serve the people, it became a monster that would ultimately stir up the flame of unrest among the masses, and in the end, would result to another social chaos.

MMDA has indeed limited powers. Police power is limited, and absolutely, it cannot exercise taxation and eminent domain, as enunciated in MMDA vs. Bel-Air.

As regards the aspect of Social Justice, it should be born in mind that the ‘have-nots’ should be provided for with alternative means of livelihood or residences. MMDA should have coordinated first with the Social Welfare Department and the Housing Authority in order to have the displaced people a decent place to relocate. Where would these people go?! In any event, once MMDA leaves, they would slowly rebuild their houses and start again, until MMDA returns and destroys it again. It will only toughen the squatters up, and would further enhance their disenchanted with the government.

What further aggravates my sentiments of disgust is that the MMDA personnel are even forcibly taking personal property of the dislocated squatters, such as kalderos, kawalis, timbas, palangganas, et al. This is too much. How do you expect these people to live a life at least approximate to that which is considered internationally acceptable as the least basic standard of living? These people might turn to a life of crime if they are further deprived of the most basic of equipments in order to have some meager meal to fill their empty stomachs.

It is high time that somebody should invoke Rule 65 and claim that MMDA has committed GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION. Better yet, lobby Congress to amend or repeal the present charter of MMDA and effectively clip off the powers which your so called BAYANI exploits in order to please our Queen.

MMDA may have acted in accordance with the law’s mandate. However, if grave abuse of discretion was committed, then, the spirit of the letter that killeth instead of that which vivifieth has prevailed.

God Save the Republic.

I had that sudden gush of feeling... of obsolescence. Law school was my life. Now, I feel like nothing.

This is a classic case of withdrawal syndrome.

Eid'ul Fitr al Mubarak to everyone!

where's the melted butter?!

My nephew Vincenzo dressed up as Baby Lobster for the coming halloween.

swing, swing

i have no idea what the hell the title is for. however, it may reflect my current courses of action... possible "sideline dito... sideline duon."

i went to my old intership office in P.A.O. QC and surprise, surprise, Glenda gave me a 'raket'. As Glenda's most excellent pleader, I voluntarily accepted in order for me to put into practice my trade and at the same time keep myself busy and earn some extra moolah.

It's a petition for rectification of entries in a birth certificate. It's not it the rules of court in either 103 or 108, however no rule also says that it is prohibited.

The story goes like this... the former lawyer filed a 'nescafe three in one' petition (cancellation of entries/declaration of abandonment/adoption) which is surely NOT ALLOWED, although not expressly prohibited (or so as Judge Sempio Diy says)

Therefore, as I studied the situation, I had several remedies in mind, to wit: first, the easiest would be to Dismiss under Rule 17, since it is the first dismissal of a special proceeding, I theorized that the res judicata rule would not apply in the event that a second dismissal is in order.

Second, move for the suspension of the other actions pending the determination of the others. In this theory, priority will be given to the more important proceeding, whilst maintaining the records within the same court, thus expediting the subsequent proceedings by motion to take discretionary judicial notice of the evidence already adduced in the prior proceedings.

Third, move to severe one action, specifically the cancellation of entries in the birth certificate, taking into consideration the rule on joinder of causes of action, particularly the rule that all actions must be covered by the same rule. therefore, if one or two of the causes of action are covered by the rules on ordinary action, whilst the other is governed by the rule on summary procedure, the court is mandated to severe one of them and it should be proceeded with separately. declaration of abandonment and adoption are both summary proceedings, while correction of entries requires evidentiary presentation. Therefore, I theorize that the correction should be severed.

in all instances, i believe that the non forum-shopping requirement is not violated.

however, judge sempio diy had another remedy in mind, that is to RECTIFY the entries. Somehow, this would be a sort of an alien remedy, since the grounds as provided for in either Rule 108 or 103 are different. Procedurally, somehow its antecedent is that of my third remedy. Therefore, the effect would be a new raffle, although there is a chance that the same might be consolidated in the same branch. Substantially, you are most likely to invoke justice and equity in this situation. She said it was done before, although it didn't reach the Supreme Court, nonetheless, it's the law of the case, for as long as nobody would disturb it.

now, i've tried my hand as a pleader to create the right words suited for the petition, a little drama and romance, shall i say, and voila, I hope glenda likes it... i most certainly am not doing this pro bono.

i'm bored. hahaha.

The Difference of now and then

Just over two weeks into my vacation, I am becoming restless again. Perhaps, since I spent most of my waking time in Manila, I am becoming allergic to Malabon’s urban daylight. This is hometown, you’re supposed to do nothing here but rest, except if your business, trade or industry is likewise located here, which in my case, is also present. However, I am not managing something which doesn’t need my management.
I spend my days and late nights watching DVDs. I’ve already finished Rome and Gray’s Anatomy. Now, I’m addicted to House. Eventually, I’ll be looking for 3lbs or even E.R. collections. Yes, medical drama is so interesting to me right now. It all sounds so foreign to me and oh so amusing. Many years back, I was so into legal drama and bewildered by common law precepts in Latin. Now, I am obsessed with medical Greek. I already have the first and second season of Grey's Anatomy by the way.
Two weeks ago, going to the mall, wherever it may be, is a simple pleasure even though I’m alone. It was a respite from the recesses of my previous state of existence. One to two hours walking and shopping then back to reality. Now, it seems like a burden. I want to go out, yet my feet are so lazy, nay, my spirit is too. This time, I’m longing for my time in the malls or wherever with good old friends and loved ones. I can no longer spend it alone. There is no more necessity for ‘quiet time’, it’s “noisy time” right now.
This is perhaps my withdrawal syndrome. I miss the action and the drama of law school life. The torture, the pain, the stress. Yes, we were vicious zombies. Point is, for the first time in my quarter century of existence, I am no longer a student, much more, a law student. I am a quasi-lawyer. Quasi means “parang” in vernacular or “Somewhat” in english… short of saying being half-dead and half-alive… in a state of comatose to be more precise.
I haven’t really planned on anything, I reverted back to my old principle of “go with the flow” attitude, however, it doesn’t work right now. Life is so viscous that it only flows about 2 millimeters per hour.
The only thing that I am looking forward to in my immediate calendar of events is Ma Dora coming home after seven or eight years this November. Now, being a bum and all, that would seem like eternity, whilst during the time I was reviewing, the span between March and September was like a wink of the eye. Life passed me by when I was busy. Now, that I am doing nothing, life is still passing me by.
However, my soul is not mottled by such mortifying thoughts. I live life by the day, just like what we did in law school, survive it one day at a time. In the words of Fr. De La Rosa --- “Yesterday is the past, tomorrow is the future, today is a gift, that is why it is called a PRESENT.”
Better heed my friends’ advices, enjoy this moment, ‘cause once you work, there is no more time for a good long break. (except perhaps those which are legally permissible under labor laws.)
But right now, I'm considering a certain offer in the tertiary education system. Suffice to say, it is in my plan to teach in the undergraduate course. Perhaps, maybe, this opportunity would be a dry run. Shopping and dating money maybe. Godspeed to me.

-end-