Confessions of a "parang" legal mind

Am i burned out or what?

2008-08-05T07:35:00.001-07:00

I hate this feeling... It seems that every year, I am, stuck with feelings of anger, fear, and frustration. Will this gonna end? Will this be worth it in the end? It seemed like I feel lost than before. It seems that everytime i wake up, I feel bitter over everything that has gone through. I am two years behind schedule in terms of path to lawyerhood as of press time. I don't know what to feel when my mother talks to me. I don't know if I have this much drive anymore in terms of learning the law. It seems like every year, I am degenerating. I missed my election law exam last sat.
I almost got a zero if not for Atty. Valencia's kind consideration. I don't have the same drive anymore. What ever I regained after going back and deciding to go through law school full blast was lost. I feel worse than the first time I entered law school. This time, the issues are deeply internal. Questions such as why am I doing this in the first place always abound. It's a struggle waking up in the morning and not having the full energy to do what you're supposed to do.My fears, and doubts creep all the time!
Sometimes, I think about all the expectations that were laid for me. I am tired of doing this. I feel angry everytime I am reminded about studying and graduating and becoming a lawyer. My mom does not have a slightest inclination of what I go through in law school yet she has continously nagged me for 25 years. She does not have any clue. I feel distant over her each passing day. I am mad for putting all the expectations on me and living off other relatives get a free ride over her money and set up failed businesses. I hate it!!!!! I just hate it!!!!!!!!!!!!

it's been awhile

2008-05-28T21:09:00.000-07:00

It's been a couple of months since i last blogged. Oh well, my break allows me to pay attention to my favorite pastime, the NBA playoffs. The Celtics and the Lakers are one win away from a dream NBA finals matchup. But personally, i still wanna see the Pistons go there and let Kobe take it to them to avenge the Lakers' 2004 finals. I love garnett, pierce, and allen but i think they need another more year to win it all. Another thing, i read that the PBA commissioner Sonny Barrios said that he wants to do away with picking up pro players to represent the country in international competitions coz it didn't work. Oh well, sure we haven't fared as successfully as we wanted but i think there is no substitute to fielding our best players. The solution is to develop a comprehensive national sports program. Have a national pool of under 18 players to send to youth championships... Then continue developing a same pool from 18 up until they reach the PBA for SEA games, SEABA, and other minor league titles. Let's face it, these ballers' ultimate goal is to reach the PBA and earn money. The PBA then should adapt a schedule more conducive to major Asian/world competitions so that our best players can compete in them. These competitions already involve professionals from all over the world. We can't have babies compete against grown men. We may not win the gold all the time but at least philippine basketball can get more exposure and maybe one PBA player can get into Europe or NBA.

Hell hath no fury than a gay lover scorned!

2008-03-12T22:30:00.000-07:00

My friend Anna told me about a blog named delfindjmontanp.blogpspot.com and told me that it was the scandals that are rocking "so called"manila high society. As I saw the blog, i encountered a lot of revalations about people like Celine Lopez, Tim Yap, even Tina Tinio, and of course the lover of they guy DJ Montano. Well,, the whole idea of why this blog came about is that this Brian Gorelli got involved with DJ Montano. Brian accordingly accused DJ of ripping of 70,000 USD from him. Dj accused Brian of assault with the help of Celine Lopez and was deported to Australia. Well, sayang the juicy parts were in the site that closed! I was not even able to read all. I was able to see though, tessa dragon snorting coke, wendy puyat's photo in the hongkong with her lover and lots and lots of negative things about tim,celine , and dj. Well, I hope Brian continues with his shcking revelations and satisfy the gossip-hungry populace. For more details, visit the site delfindjmontano.blogspot.com

A political question!

2008-03-08T00:12:00.000-08:00

With another allegation against GMA coming up now under the accusation of "selling out our territorial claim against the Spratly islands, we should just wonder if GMA is still the rightful President of the Philippines. One is not a genius to see that the north rail and south rail overpricing and the ZTE broadbnd scandal involve transactions with the Chinese government officials and/or GOCC's. The "Hello Garci" and the Jose Pidal scandals of earlier years are n0t even included.

Different sectors of society have had different reactions to current national events. Some want her out, some want her to lead the search for truth, others have supported her unconditionally. With no clear path of action coming from the civil society, the political opposition, and other groups, the government continues to take advantage of a perverse political culture that has thrived on personalities rather than institution-building.

As a concerned citizen, the Pres. Arroyo should be given a day in court and clear her name. But she will not get that as a sitting President which is immune from suit. Rather, she and her henchmen are trying to give a message that she is the only one capable of governing the country. This leaves VP De Castro into a pandora's box. If you recall, then VPGMA also adopted a wait and see attitude before formally calling on Former President Erap's resignation. Well, we all knew what the result was.

This time around, the country does not need another uprising. But I think what the country needs more are leaders and citizenry willing to strengthen our democratic institutions and putting the welfare of the common good above selfish interest.

With that in mind, I believe that more and more people will be agitated as long as more and more scandals continue to rock the administration.
The Presidency of the Philippines should be an institution that is the bedrock of the people's trust. If other leaders from more mature democracies are selfless enough to give up their posts even with a tinge of scandal, (Pres. Nixon resigned over a mere wiretapping charge.) Why can't our leaders do the same and spare the nation over a bloddy political battle. If our leaders can't do it, then we as citizens using the law as guide should push for the proper political action and not just be stuck with our rotten personalistic political culture.

OUST GMA! Lakers back on top.

2008-02-25T20:51:00.000-08:00

Oh well due to hunger issues, i just wanna say this out of my chest!!!!!!!!!!!!!!!!!!!!!! I can't take it anymore. Gloria admitted already the allegations in the ZTE broadband deal! She didn't however clarified if she or members of the first family are involved!!!!!!!!!!!!!!!!! Well, question is madam president, why didn't you stop the anomaly. Why can't you submit the people involved to the wheels of justice or is the one that should be submitted is you madam!!!!!!!!!!!!!!!!!!!!!!!!!!!!!RESIGN KA NA PO!!! matagal mo na kami linoloko!

Oh well, the lakers are undefeated after the all star break. They are now the no.1 seed in the west and are currently on pace to win 57 games. This is the most since their last championship season of 2001-02

Topsy turvy!

2008-02-07T02:24:00.000-08:00

It's been over a month since i last updated my blog!! Geez, what a better way to make me start blogging again is that the political universe of both the Philippines and the US, the NFL, and the NBA have endured shocking developments that will definitely have a lot of repurcussions in both the short and the long term. The Philippines just endured a leadership change in the house of representatives. Barrack Obama and Hillary Clinton are locked in a historic two way race for the democratic nomination. John Mccain is looking to get the Republican nomination. The New York giants shocked the world and proved that nobody is indeed perfect by beating the new england patriots. The LA Lakers aquired Pao Gasol and dumped Kwame Brown. The Suns now is diesel powered with Shaq in while the Matrix is out.

I just wanna give my two cents worth on the Speakership change. JDV rode the back of the tiger when his son accused the Arroyo family of corruption in the ZTE deal. At that point, mr. yoda should have gone out of his own terms instead of reminding everyone how they are indebted they are to the former speaker. anyway, kudos to Speaker Boy Nograles.

The NBA season is begginning to be more interesting as the Lakers got Pao Gasol for Kwame Brown, Jarvis Crittenton and Aaron Mckie. Well, Pacific Division rivals the Phoenix Suns did a better stunt. They brought back Shaquille O'Neal to the Western conference. The way I see it is this. Before last week, I thought that the top 10 teams in the West each are capable of winning the west. It's too bad that only 8 will qualify for the playoffs and all will depend on playoff seeding and matchups. Now will Pao Gasol wearing the purple and gold and Shaq in the Valley of the Sun, it gives the Lakers and the Suns the edge to win the West. Gasol will make the Lakers have a fearsome frontline when Bynum comes back. Shaq will bring interior defense, championship experience, and most importantly avoiding a situation where Marion leaves them without the Suns getting nothing. Of course, we will still see the results come May. But until then!

The year that was!

2007-12-30T08:44:00.000-08:00

I'll be celebrating the end of 2007 much like the way I began it, partying in makati and spending the night in Ascot. But unlike in years past, 2007 was in my 24 years of existence, the most meaningful yet in my life. I will just look back at some of the turning points of the year.

1. Transferring to Ateneo de Davao and meeting new friends.

I am a firm believer of the adage "A door closes, a window opens." The summer of 2007 left me once again at the crossroads. This time Ateneo de Manila Law School didn't want me. I thought, the quarter life crisis that I experienced the past two years will still find no resolution. I took a leap of faith in this one. I uprooted myself to a different school and a different city. With that came apprehension. Questions like how will i fit in or how am i gonna survive come into my head. So far so good, it has been awesome. I met new friends. I am coping up with school and I am having fun.

2. Finding a job

I am able to find work on my own in a law firm. With it, I already have a deeper understanding of the profession I am about (hopefully) entering into. I am grateful eternally to my bosses Atty. Geraldine Tiu, Atty. Gary Teves, and the third girl, Atty. Jenny Ramos for allowing me into their firm. You guys will always have a special place in my heart.

3. The lessons learned in other two items.

Everything else, 2007 marked in my renewed passion for life. It made me see things in a new different light. Dad said that you're aura changed. I think it is because of the change of atmosphere. Leaving out of the house makes a person more of an adult.

Finally,

I don't expect 2008 to be smooth sailing but with the lessons learned in the past year, I am confident that with God's grace, I will overcome obstacles and continue my quest to be a better person.

Cheers! and Happy New Year to everyone!

Christmas Blues and Celtic Green, and Jinxes

2007-12-22T03:59:00.000-08:00

Christmas for me has started last thursday night when I arrived at the airport and went straight to my ateneo law school class christmas party. It was great. I went home at 7 am and intoxicated! It was great seeing old friends again. It was a perfect kick-off to a busy, fattening, and widly intoxicating holiday season.

Speaking of the Holidays, it seems that the Boston Celtics have a lot of reasons to have a good christmas! They are on top of the world with a 21-3 record and experts are waiting if they can reach the 70 win mark that only the 1995-1996 Chicago Bulls have done. The Celtics are impressive this first quarter of the year. It is good if they can maintain it. But Celtic pride will not only have to exorcise 20 years of futility but the developing best record curse as well. Since 2001, only 1 team with the best record overall has ended up going to the NBA finals and won it all. That was the 2003 San Antonio Spurs. The rest have fallen in the playoffs including one who was at the losing end of the greatest upset in NBA history. Let's take a brief look at those teams who were hyped up to win it all but fell at the wayside.

1. 2001 San Antonio Spurs

2 years removed from winning their first championship, the Spurs with a healthy Tim Duncan, a consistent David Robinson, and Derek Anderson being a welcome addition to a veteran cast grabbed the best record with another monstrous second half of the season winning 35 of their last 44 games. Finishing with a 58-24 record, they looked to steamroll in the playoffs. They did just that. They eliminated Minnesota in four and disposed the Dallas Mavericks in five. A rematch of the 1999 playoffs was set when the Spurs faced the Laker juggernaut. What should have been a classic turned out to be a dud as the Spurs were swept out by the Lakers.

2.Sacramento Kings

With a high powered offense scoring at about a 105 points per game, winning streaks of 12 and 11, a 61-win season, and a 2-1 lead at the Western Conference finals against the Lakers should mean that the title is already yours at the taking, But Horry, Kobe, and Shaq had other ideas. The Lakers managed to take everything that the Kings gave and dished it out plus a few miracle shots here and there enroute to a 3rd straight finals appearance and a 3-peat.

3. 2004 Indiana Pacers

Size, depth, a combination of youth and experience, defense, balance, the Pacers have it all except sanity. The 61 win Pacers fell down to the equally tough yet more composed Detroit Pistons who were on their way to the NBA championship.

4. 2005 Phoenix Suns

The Suns had the MVP, a high powered offense and a lot of excitement. One big problem, they haven't found a way to stop Duncan. A problem they still have to contend with.

5. 2006 Detroit Pistons,

The motto of the Pistons is "going to work every night" It seemed that at that time though, the Pistons slept in the playoffs. They got blown up by 23 points one game against the Bucks, they "allowed" King James and the Cavs to take a 3-2 lead in the semis and by the time they faced the Heat in the ECF, they looked lost and the Heat won in 6 en route to the championship.

6. 2007 Dallas Mavericks

Need I say more? The highlight for me was not any Baron Davis dunk, or a Stephen Jackson 3 but Kate Hudson cheering in the sidelines! Whatta goddess!!!!!!

I am at fault so please lemme out of mah marriage.

2007-12-12T06:48:00.000-08:00

The Supreme Court held in Chi Ming Tsoi vs. Court of Appeals,
G.R. No. 119190 January 16, 1997 (you can read the entire version at www.lawphil.net) that any party can file for a declaration of nullity based on psychological incapacity. Until this day, neither the Supreme Court nor our own "distinguished" and "very illustrious" members of congress have not come up with fixed grounds or guidelines like drunkeness or having intercourse with a cow or something like that in filing a petition for P.I. in law and jurisprudence. The supreme court in Republic vs. Court of Appeals, G.R. No. 108763. February 13, 1997 (you can view it also at www.lawphil.net) basically said that the incapacity should exist at that time of celebration of the marriage, it has to be grave enough to hinder essential marital obligations as stated in articles 68-74 of our family code. And finally, it has to be incurable. Well, i still do not know, what kind of disease that the framers of the Family Code intended when they inserted this open ended provision that practically adds more to the tons of articles that law students in this country are memorizing.

Anyway, to the meat of the matter, there is one woman who went to our law office wanted to file a petition for declaration of nullity based on psychological incapacity. For the purposes of protecting my bosses, i cannot divulge furthermore what happened in the consultation by virture of the attorney-client privilege that the woman and my boss had when the former went to the office but for purposes of discussion, here is the situation that most people end up in that leads them to law offices and which results in lawyers making money.

A a woman marries B a man. A is a workaholic no nonsense type of girl like Oprah Winfrey and B a "gutless" bum so to speak who is laid back. A complains about B. B drinks and lives of wife's money and gets a pretty and hot housewife for a mistress. Wife gets tired, goes to law office and consults lawyer. Of course, she does not say that she was one dominating SOB and a control freak at that that is why B remains unmotivated. Well, sounds like the ones that we see in movies like "Little Children." Oh well, in this scenario, sympathy falls for A and B deserves all the humiliation and punishment that the law and society can give him. But hell, the ironic thing is that B can turn this into "A fairy tale ending" with Ms. pretty hot mistress! How will he do it? He can file a petititon for nullity of marriage based on psychological incapacity. He just needs to prove that he is a perpetual bum, a maniac, and a leech and it is incurable. Worse thing is that it does not have to be with any jane who wears mini skirts but with only to that specific spouse! It sounds "juicy" to all a*holes in the world! I can just prove that I am one BIG S.O.B. and the law makes me a free man! Also sounds like a win-win situation, wife gets rid also of bum husband. But here is the painful side, Mr. Bum can leave on his own terms. A the wife will only get a pyyric victory because of the fact that the husband can potentially give the impression that the wife ain't the marrying type with all the blows to the ego it can provide.

The Supreme Court has elucidated in its jurisprudence that the family has to be given primary protection. But indeed, this "Small" procedural leeway of letting either party regardless of guilt to file for a petition opens up a lot of cans of worms. It empowers a maniac to get out of a marriage with little accountabilty save perhaps striking his name out of the insurance policy and getting disinherited by the innocent spouse. (Read the family code for further explanation.) But other than that, it allows erring spouses to strike the first blow and culminate their own "Titanic" like love story with a third party with minimal consideration to the suffering of the one who is innocent. As the people in the Philippine Law Community continues to finetune this seemingly absurd provision in law, let us (Students included) not forget the primary objective of protecting the family and not turn this into a "vaudeville" to satisfy selfish desires. I recommend perhaps, harsher punishment for erring spouse like damages for example or whatever it is we can come up with. Until next time.