SAMUEL U. LEE vs. KBC BANK, N.V.
G.R. No. 164673, January 15, 2010
Carpio, J.:
Facts: idas Diversified Export Corporation (MDEC) obtained a $1,400,000 loan from KBC Bank N.V. (KBC Bank), a Belgian corporation licensed to do business in the Philippines. Samuel U. Lee (Lee), assistant treasurer and director of MDEC, executed a promissory note in favor of KBC Bank and a deed of assignment transferring all of MDEC’s rights over Confirmed Purchase Order No. MTC-548 issued by Otto Versand, a company based in Germany, and covered a shipment of girl’s basic denim jeans amounting to $1,863,050 to KBC Bank. MDEC obtained another loan, amounting to $65,000, from KBC Bank. Maybelle L. Lim (Lim), treasurer and assistant secretary of MDEC, executed a promissory note in favor of KBC Bank and a deed of assignment transferring all of MDEC’s rights over Confirmed Purchase Order No. WC-128 issued by Otto Versand, and covered a shipment of boy’s bermuda jeans amounting to $841,500 to KBC Bank.
MDEC was considered in default in paying the $65,000 loan on 30 January 1998. KBC Bank sent a letter to Otto Versand verifying the validity of Confirmed Purchase Order Nos. MTC-548 and WC-128. Otto Versand sent a facsimile message to KBC Bank stating that (1) it did not issue the purchase orders, (2) it did not order or receive the items covered by the purchase orders, and (3) it would not pay MDEC any amount.
In a complaint-affidavit, Liza M. Pajarillo, manager of the corporate division of KBC Bank, charged Lee and Lim of estafa. In his Resolution, State Prosecutor Josefino A. Subia (State Prosecutor Subia) found the existence of probable cause and recommended that two counts of estafa be filed against Lee and Lim. Accordingly, two informations for estafa against Lee and Lim were filed with the RTC. After finding probable cause, Judge Winlove M. Dumayas (Judge Dumayas) of the RTC issued warrants of arrest against Lee and Lim. Lee and Lim filed a petition for review with the Department of Justice. In his Resolution, Secretary Hernando B. Perez (Secretary Perez) directed the withdrawal of the informations filed against Lee and Lim. Secretary Perez held that the facsimile message constituted hearsay evidence. KBC Bank filed a motion for reconsideration with the Department of Justice. In a motion filed with the RTC, Assistant City Prosecutor Nora C. Sibucao (Assistant City Prosecutor Sibucao) prayed for the withdrawal of the informations filed against Lee and Lim. Judge Dumayas granted Assistant City Prosecutor Sibucao’s motion to withdraw the informations against Lee and Lim. KBC Bank filed with the Court a petition for review on certiorari under Rule 45 of the Rules of Court. In a Resolution, the Court referred the petition to the Court of Appeals pursuant to Section 6, Rule 56 of the Rules of Court. In his Resolution Secretary Simeon A. Datumanong denied KBC Bank’s 2 August 2002 motion for reconsideration. In its 10 February 2004 Decision, the Court of Appeals set aside Judge Dumayas’ 26 March 2003 Order holding that the Court thereby acquires jurisdiction over the case, which is the authority to hear and determine the case. Hence, this present petition.
Issue: Whether or not the trial court did not abdicate its duty to determine the sufficiency of the prosecution’s reason for withdrawing the informations.
Held: Court is not impressed. Whether the facsimile message is admissible in evidence and whether the element of deceit in the crime of estafa is present are matters best ventilated in a full-blown trial, not in the preliminary investigation.
Once a case is filed with the court, any disposition of it rests on the sound discretion of the court. The trial court is not bound to adopt the resolution of the Secretary of Justice, since it is mandated to independently evaluate or assess the merits of the case. Reliance on the resolution of the Secretary of Justice alone would be an abdication of its duty and jurisdiction to determine a prima facie case. The trial court may make an independent assessment of the merits of the case based on the affidavits and counter-affidavits, documents, or evidence appended to the Information; the records of the public prosecutor, which the court may order the latter to produce before the court; or any evidence already adduced before the court by the accused at the time the motion is filed by the public prosecutor.
Judge Dumayas’ failure to make his own evaluation of the merits of the case violates KBC Bank’s right to due process and constitutes grave abuse of discretion. Judge Dumayas’ order granting the Motion to Withdraw the informations is void.
Thursday, March 25, 2010
AGDEPPA vs. HEIRS OF IGNACIO BONETE
AGDEPPA vs. HEIRS OF IGNACIO BONETE
G.R. No. 164436, January 15, 2010
Nachura, J.:
Facts: In 1979, respondent Dorotea Bonete, widow of the late Igancio Bonete, obtained a loan in the amount of P55,000.00 from Development Bank of the Philippines (DBP)in order to buy farm implements. The loan was secured by a parcel of agricultural land. In 1982, Dorotea received a notice of collection from DBP. Respondents alleged that herein petitioner and counsel, Atty. Littie Sarah A. Agdeppa (Littie Sarah) accompanied Dorotea to DBP and obligated herself to pay the loan. Thereafter, Dorotea was made to sign a document as Little Sarah’s security for the amount which the latter paid to DBP in connection with the said loan. Since 1982, Littie Sarah and her representatives had been gradually easing them out of the subject property and that they were ordered to stop the cultivation of their respective ricefields. Eventually, respondents were forcibly ejected from the subject property.
On this account, respondents inquired from the Register of Deeds and found that the title to the subject property, which was in the name of respondents’ predecessor-in-interest, the late Ignacio Bonete, had already been canceled and transferred to Littie Sarah under TCT No. T-75454 by virtue of a purported deed of sale. According to Dorotea, Littie Sarah took advantage of her by letting her sign a contract, ostensibly as security for the loan from DBP, which later turned out to be a deed of sale. Thus, respondents filed a Complaint for Recovery of Ownership and Possession and/or Annulment of Deed of Sale of the Subject Property before the RTC. Littie Sarah filed a Motion to Dismiss. Respondents filed an Opposition to the Motion to Dismiss. On May 21, 1990, the RTC issued an order dismissing the complaint and held that respondents were not real parties in interest and lacked the personality to sue. Respondents went to the CA which reversed and set aside the RTC Order, and remanded the case to the RTC for further proceedings because Dorotea, being the former owner of the subject property, was a real party in interest. Petitioners filed a Motion for Reconsideration which was denied. Hence, this petition for review on certiorari.
Issue: Whether or not the respondents are real party in interest.
Held: While it is true that respondents committed a procedural infraction before the RTC, such infraction does not justify the dismissal of the case. Misjoinder of parties does not warrant the dismissal of the action.
It bears stressing that TCT No. T-56923, covering the subject property, was issued in the name of Dorotea. This is established by the record, and petitioners themselves admit this fact. However, because TCT No. T-75454, allegedly issued in favor of Littie Sarah, and the purported deed of sale, allegedly executed by Dorotea in favor of Littie Sarah, are not on record. Considering the allegations in the pleadings, it is best that a trial on the merits be conducted.
A liberal construction of the Rules is apt in situations involving excusable formal errors in a pleading, as long as the same do not subvert the essence of the proceeding, and they connote at least a reasonable attempt at compliance with the Rules. The Court is not precluded from rectifying errors of judgment, if blind and stubborn adherence to procedure would result in the sacrifice of substantial justice for technicality. To deprive respondents, particularly Dorotea, of their claims over the subject property on the strength of sheer technicality would be a travesty of justice and equity.
G.R. No. 164436, January 15, 2010
Nachura, J.:
Facts: In 1979, respondent Dorotea Bonete, widow of the late Igancio Bonete, obtained a loan in the amount of P55,000.00 from Development Bank of the Philippines (DBP)in order to buy farm implements. The loan was secured by a parcel of agricultural land. In 1982, Dorotea received a notice of collection from DBP. Respondents alleged that herein petitioner and counsel, Atty. Littie Sarah A. Agdeppa (Littie Sarah) accompanied Dorotea to DBP and obligated herself to pay the loan. Thereafter, Dorotea was made to sign a document as Little Sarah’s security for the amount which the latter paid to DBP in connection with the said loan. Since 1982, Littie Sarah and her representatives had been gradually easing them out of the subject property and that they were ordered to stop the cultivation of their respective ricefields. Eventually, respondents were forcibly ejected from the subject property.
On this account, respondents inquired from the Register of Deeds and found that the title to the subject property, which was in the name of respondents’ predecessor-in-interest, the late Ignacio Bonete, had already been canceled and transferred to Littie Sarah under TCT No. T-75454 by virtue of a purported deed of sale. According to Dorotea, Littie Sarah took advantage of her by letting her sign a contract, ostensibly as security for the loan from DBP, which later turned out to be a deed of sale. Thus, respondents filed a Complaint for Recovery of Ownership and Possession and/or Annulment of Deed of Sale of the Subject Property before the RTC. Littie Sarah filed a Motion to Dismiss. Respondents filed an Opposition to the Motion to Dismiss. On May 21, 1990, the RTC issued an order dismissing the complaint and held that respondents were not real parties in interest and lacked the personality to sue. Respondents went to the CA which reversed and set aside the RTC Order, and remanded the case to the RTC for further proceedings because Dorotea, being the former owner of the subject property, was a real party in interest. Petitioners filed a Motion for Reconsideration which was denied. Hence, this petition for review on certiorari.
Issue: Whether or not the respondents are real party in interest.
Held: While it is true that respondents committed a procedural infraction before the RTC, such infraction does not justify the dismissal of the case. Misjoinder of parties does not warrant the dismissal of the action.
It bears stressing that TCT No. T-56923, covering the subject property, was issued in the name of Dorotea. This is established by the record, and petitioners themselves admit this fact. However, because TCT No. T-75454, allegedly issued in favor of Littie Sarah, and the purported deed of sale, allegedly executed by Dorotea in favor of Littie Sarah, are not on record. Considering the allegations in the pleadings, it is best that a trial on the merits be conducted.
A liberal construction of the Rules is apt in situations involving excusable formal errors in a pleading, as long as the same do not subvert the essence of the proceeding, and they connote at least a reasonable attempt at compliance with the Rules. The Court is not precluded from rectifying errors of judgment, if blind and stubborn adherence to procedure would result in the sacrifice of substantial justice for technicality. To deprive respondents, particularly Dorotea, of their claims over the subject property on the strength of sheer technicality would be a travesty of justice and equity.
SPS. PATRICIO and MYRNA BERNALES vs. HEIRS OF JULIAN SAMBAAN
SPOUSES PATRICIO and MYRNA BERNALES vs. HEIRS OF JULIAN SAMBAAN
G.R.No. 163271, January 15, 2010
Del Castillo, J.:
Facts: Spouses Julian and Guillerma Sambaan were the registered owner of a property located in Bulua, Cagayan de oro City. The respondents and the petitioner Myrna Bernales are the children of Julian and Guillerma. Myrna, who is the eldest of the siblings, is the present owner and possessor of the property in question.
Julian died in an ambush in 1975. Before he died, he requested that the property in question be redeemed from Myrna and her husband Patricio Bernales. Thus, in 1982 one of Julian’s siblings offered to redeem the property but the petitioners refused because they were allegedly using the property as tethering place for their cattle.
In January 1991, respondents received an information that the subject property was already transferred to Myrna Bernales. The Deed of Absolute Sale dated December 7, 1970 bore the forged signatures of their parents, Julian and Guillerma.
On April 1993, the respondents, together with their mother Guillerma, filed a complaint for Annulment of Deed of Absolute Sale and cancellation of TCT No. T-14204 alleging that their parent’s signatures were forged. The trial court rendered a decision on August 2, 2001 cancelling the TCT and ordering another title to be issued in the name of the late Julian Sambaan.
Petitioners went to the CA and appealed the decision. The CA affirmed the decision of the lower court. A motion for reconsideration of the decision was, likewise, denied in 2004. Hence, this petition for certiorari.
Issue: Whether or not the Deed of Absolute Sale is authentic as to prove the ownership of the petitioners over the subject property.
Held: It is a question of fact rather than of law. Well-settled is the rule that the Supreme Court is not a trier of facts. Factual findings of the lower courts are entitled to great weight and respect on appeal, and in fact accorded finality when supported by substantial evidence on the record. Substantial evidence is more than a mere scintilla of evidence. It is that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion, even if other minds, equally reasonable, might conceivably opine otherwise. But to erase any doubt on the correctness of the assailed ruling, we have carefully perused the records and, nonetheless, arrived at the same conclusion. We find that there is substantial evidence on record to support the Court of Appeals and trial court’s conclusion that the signatures of Julian and Guillerma in the Deed of Absolute Sale were forged.
Conclusions and findings of fact by the trial court are entitled to great weight on appeal and should not be disturbed unless for strong and cogent reasons because the trial court is in a better position to examine real evidence, as well as to observe the demeanor of the witnesses while testifying in the case. The fact that the CA adopted the findings of fact of the trial court makes the same binding upon this court.
Thus, we hold that with the presentation of the forged deed, even if accompanied by the owner’s duplicate certificate of title, the registered owner did not thereby lose his title, and neither does the assignee in the forged deed acquire any right or title to the said property.
G.R.No. 163271, January 15, 2010
Del Castillo, J.:
Facts: Spouses Julian and Guillerma Sambaan were the registered owner of a property located in Bulua, Cagayan de oro City. The respondents and the petitioner Myrna Bernales are the children of Julian and Guillerma. Myrna, who is the eldest of the siblings, is the present owner and possessor of the property in question.
Julian died in an ambush in 1975. Before he died, he requested that the property in question be redeemed from Myrna and her husband Patricio Bernales. Thus, in 1982 one of Julian’s siblings offered to redeem the property but the petitioners refused because they were allegedly using the property as tethering place for their cattle.
In January 1991, respondents received an information that the subject property was already transferred to Myrna Bernales. The Deed of Absolute Sale dated December 7, 1970 bore the forged signatures of their parents, Julian and Guillerma.
On April 1993, the respondents, together with their mother Guillerma, filed a complaint for Annulment of Deed of Absolute Sale and cancellation of TCT No. T-14204 alleging that their parent’s signatures were forged. The trial court rendered a decision on August 2, 2001 cancelling the TCT and ordering another title to be issued in the name of the late Julian Sambaan.
Petitioners went to the CA and appealed the decision. The CA affirmed the decision of the lower court. A motion for reconsideration of the decision was, likewise, denied in 2004. Hence, this petition for certiorari.
Issue: Whether or not the Deed of Absolute Sale is authentic as to prove the ownership of the petitioners over the subject property.
Held: It is a question of fact rather than of law. Well-settled is the rule that the Supreme Court is not a trier of facts. Factual findings of the lower courts are entitled to great weight and respect on appeal, and in fact accorded finality when supported by substantial evidence on the record. Substantial evidence is more than a mere scintilla of evidence. It is that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion, even if other minds, equally reasonable, might conceivably opine otherwise. But to erase any doubt on the correctness of the assailed ruling, we have carefully perused the records and, nonetheless, arrived at the same conclusion. We find that there is substantial evidence on record to support the Court of Appeals and trial court’s conclusion that the signatures of Julian and Guillerma in the Deed of Absolute Sale were forged.
Conclusions and findings of fact by the trial court are entitled to great weight on appeal and should not be disturbed unless for strong and cogent reasons because the trial court is in a better position to examine real evidence, as well as to observe the demeanor of the witnesses while testifying in the case. The fact that the CA adopted the findings of fact of the trial court makes the same binding upon this court.
Thus, we hold that with the presentation of the forged deed, even if accompanied by the owner’s duplicate certificate of title, the registered owner did not thereby lose his title, and neither does the assignee in the forged deed acquire any right or title to the said property.
CELESTINO A. MARTINEZ III vs. HRET and BENHUR SALIMBANGON
CELESTINO A. MARTINEZ III vs. HRET and BENHUR SALIMBANGON
G.R. No. 189034, January 11, 2010
Villarama, Jr., J.:
Facts: In the May 14, 2007 elections, petitioner Martinez and private respondent Salimbangon were among the candidates for Representative in the Fourth Legislative District of Cebu Province. On March 29, 2007, Edilito C. Martinez, a resident of Barangay Tambongon, Daan-Bantayan, Cebu, filed his certificate of candidacy for the same position.
On April 3, 2007, Martinez filed a petition to declare Edilito C. Martinez a nuisance candidate. However, the Commission on Elections Second Division issued its Resolution declaring Edilito C. Martinez a nuisance candidate only on June 12, 2007 or almost one (1) month after the elections.
On July 9, 2007, Salimbangon was proclaimed winner in the congressional elections for the Fourth Legislative District of Cebu on the basis of official results showing that he garnered sixty-seven thousand two hundred seventy-seven (67,277) votes as against Martinez who garnered sixty-seven thousand one hundred seventy-three (67,173) votes, or a difference of one hundred four (104) votes.
Martinez filed an election protest before the HRET based on the 300 ballots more or less with only “MARTINEZ” or “C. MARTINEZ” written on the line for Representative which the Board of Election Inspectors did not count for Martinez on the ground that there was another congressional candidate (Edilito C. Martinez) who had the same surname. In its decision dated May 28, 2009, the HRET sustained the BEI in considering the ballots as stray in accordance with Sec. 211 (1) of the Omnibus Election Code. Since the name of Edilito C. Martinez was still included in the official list of candidates on election day (May 14, 2007), the HRET held that five thousand four hundred one (5,401) ballots with "MARTINEZ" or "C. MARTINEZ" only written on the line for Representative were properly denied on the ground that there was no way of determining the real intention of the voter. The HRET dismissed the election protest, affirmed the proclamation of Salimbangon and declared him to be the duly elected Representative of the Fourth Legislative District of Cebu, having won by a plurality margin of 453 votes. Martinez moved for reconsideration of the Decision, but the HRET denied it by Resolution dated July 30, 2009. Hence, this petition for certiorari under Rule 65 which seeks to nullify the decision of HRET dismissing the election protest declaring private respondent as the duly elected Representative of the Fourth Legislative District of Cebu, and the Resolution dated July 30, 2009 denying petitioner's motion for reconsideration thereof.
Issue:
1. What is the legal effect of declaring a nuisance candidate as such in a final judgment after the elections?
2. Should ballots containing only the similar surname of two (2) candidates be considered as stray votes or counted in favor of the bona fide candidate?
Held: The court finds the petition meritorious.
1. Ensconced in our jurisprudence is the well-founded rule that laws and statutes governing election contests especially appreciation of ballots must be liberally construed to the end that the will of the electorate in the choice of public officials may not be defeated by technical infirmities. An election protest is imbued with public interest so much so that the need to dispel uncertainties which becloud the real choice of the people is imperative. The prohibition against nuisance candidates is aimed precisely at preventing uncertainty and confusion in ascertaining the true will of the electorate. Thus, in certain situations as in the case at bar, final judgments declaring a nuisance candidate should effectively cancel the certificate of candidacy filed by such candidate as of election day. Otherwise, potential nuisance candidates will continue to put the electoral process into mockery by filing certificates of candidacy at the last minute and delaying resolution of any petition to declare them as nuisance candidates until elections are held and the votes counted and canvassed.
2. Ballots indicating only the similar surname of two (2) candidates for the same position may, in appropriate cases, be counted in favor of the bona fide candidate and not considered stray, even if the other candidate was declared a nuisance candidate by final judgment after the elections.
G.R. No. 189034, January 11, 2010
Villarama, Jr., J.:
Facts: In the May 14, 2007 elections, petitioner Martinez and private respondent Salimbangon were among the candidates for Representative in the Fourth Legislative District of Cebu Province. On March 29, 2007, Edilito C. Martinez, a resident of Barangay Tambongon, Daan-Bantayan, Cebu, filed his certificate of candidacy for the same position.
On April 3, 2007, Martinez filed a petition to declare Edilito C. Martinez a nuisance candidate. However, the Commission on Elections Second Division issued its Resolution declaring Edilito C. Martinez a nuisance candidate only on June 12, 2007 or almost one (1) month after the elections.
On July 9, 2007, Salimbangon was proclaimed winner in the congressional elections for the Fourth Legislative District of Cebu on the basis of official results showing that he garnered sixty-seven thousand two hundred seventy-seven (67,277) votes as against Martinez who garnered sixty-seven thousand one hundred seventy-three (67,173) votes, or a difference of one hundred four (104) votes.
Martinez filed an election protest before the HRET based on the 300 ballots more or less with only “MARTINEZ” or “C. MARTINEZ” written on the line for Representative which the Board of Election Inspectors did not count for Martinez on the ground that there was another congressional candidate (Edilito C. Martinez) who had the same surname. In its decision dated May 28, 2009, the HRET sustained the BEI in considering the ballots as stray in accordance with Sec. 211 (1) of the Omnibus Election Code. Since the name of Edilito C. Martinez was still included in the official list of candidates on election day (May 14, 2007), the HRET held that five thousand four hundred one (5,401) ballots with "MARTINEZ" or "C. MARTINEZ" only written on the line for Representative were properly denied on the ground that there was no way of determining the real intention of the voter. The HRET dismissed the election protest, affirmed the proclamation of Salimbangon and declared him to be the duly elected Representative of the Fourth Legislative District of Cebu, having won by a plurality margin of 453 votes. Martinez moved for reconsideration of the Decision, but the HRET denied it by Resolution dated July 30, 2009. Hence, this petition for certiorari under Rule 65 which seeks to nullify the decision of HRET dismissing the election protest declaring private respondent as the duly elected Representative of the Fourth Legislative District of Cebu, and the Resolution dated July 30, 2009 denying petitioner's motion for reconsideration thereof.
Issue:
1. What is the legal effect of declaring a nuisance candidate as such in a final judgment after the elections?
2. Should ballots containing only the similar surname of two (2) candidates be considered as stray votes or counted in favor of the bona fide candidate?
Held: The court finds the petition meritorious.
1. Ensconced in our jurisprudence is the well-founded rule that laws and statutes governing election contests especially appreciation of ballots must be liberally construed to the end that the will of the electorate in the choice of public officials may not be defeated by technical infirmities. An election protest is imbued with public interest so much so that the need to dispel uncertainties which becloud the real choice of the people is imperative. The prohibition against nuisance candidates is aimed precisely at preventing uncertainty and confusion in ascertaining the true will of the electorate. Thus, in certain situations as in the case at bar, final judgments declaring a nuisance candidate should effectively cancel the certificate of candidacy filed by such candidate as of election day. Otherwise, potential nuisance candidates will continue to put the electoral process into mockery by filing certificates of candidacy at the last minute and delaying resolution of any petition to declare them as nuisance candidates until elections are held and the votes counted and canvassed.
2. Ballots indicating only the similar surname of two (2) candidates for the same position may, in appropriate cases, be counted in favor of the bona fide candidate and not considered stray, even if the other candidate was declared a nuisance candidate by final judgment after the elections.
MATEO R. NOLLEN, Jr. vs. COMELEC and SUSANA M. CABALLES
MATEO R. NOLLEN, Jr. vs. COMELEC and SUSANA M. CABALLES
G.R. No. 187635, January 11, 2010
Velasco, Jr., J:
Facts: Respondent Susan M. Caballes and Mateo R. Nollen were candidates for punong barangay of Gibanga, Sariaya, Quezonin the October 29, 2007 barangay elections. Having garnered 456 votes as against the 448 votes Caballes obtained, Nollen was declared as the punong barangay-elect. Dissatisfied with the result, Caballes instituted an election protest with the MTC in Sariaya, Quezon. On June 3, 2008, the MTC rendered a decision declaring protestant Caballes as punong barangay-elect, having garnered 456 votes, or 5 votes more than the 451 votes of Nollen. Nollen filed his notice of appeal and paid the MTC the appeal fee of Php1000 on June 5, 2008. Following the elevation of the MTC’s records to the COMELEC, the First Division of the COMELECon September 22, 2008, dismissed Nollen’s appeal for his failure to pay the appeal fee of PhP3,000 prescribed by Section 3 and 4, Rule 40 of the COMELEC Rules of Procedure within the reglementary period of 5 days. Nollen moved for reconsideration, praying for the liberal interpretation of the rules, but stating in the same breath that his PhP 1,000 appeal fee payment was sufficient to perfect his appeal. On October 6, 2008, Nollen paid the amount of PhP3,200 at the COMELEC Cash Division. The COMELEC en banc denied Nollen’s motion for reconsideration stating that, while he timely filed his Notice of Appeal and simultaneously paid the Php1000 appeal fee with the MTC, the appeal would be deemed registered and docketed only upon full payment of the filing fee to the COMELEC. Hence, this petition for certiorari under Rule 64 in relation to Rule 65 seeking to nullify the order of the COMELEC en banc denying his motion for reconsideration.
Issue: Whether or not the appeal of Nollen was filed on time by paying the appeal fee in the MTC.
Held: The petition is meritorious.
Payment of appeal fees in appealed election protest cases is now separately required by the Rules of Court and Sec. 3, Rule 40 of the COMELEC Rules of Procedure, as amended by Resolution No. 02-0130, Series of 2002, a situation not obtaining previously. The Court, thus, deems it right to put things in proper perspective.
As Aguilar stated and COMELEC Resolution No. 8654 reiterated, the payment of the PhP 1,000 appeal fee within five days from the promulgation of the Regional Trial Court or MTC decision technically “perfects” the appeal from the trial court’s decision. Such appeal is not dismissible as a matter of course on account alone of the inadequate payment or nonpayment of the filing fee of PhP 3,200. The legal situation, however, changes if the appellant, in the words of Resolution No. 8654, fails, as directed, to pay the amount within 15 days from receipt of notice from the COMELEC. In the instant case, albeit Nollen paid the PhP 3,200 only in October 2008, or long after his receipt of the June 2008 MTC decision, his appeal may validly be viewed as not fatally belated. COMELEC Resolution No. 8654 is applicable to his appeal, as the appeal was on June 5, 2008, or prior to July 24, 2008 when the more stringent Resolution No. 8486 took effect.
It cannot be overemphasized, however, that the warning given in Divinagracia is inapplicable to the case at bar, since the notice of appeal in the instant case was filed on June 5, 2008. In the strict legal viewpoint, Divinagracia contextually finds applicability only in cases where notices of appeal were filed at least after the promulgation of the Divinagracia decision on July 27, 2009. Since petitioner paid the appeal fee of PhP 1,000 simultaneously with his filing of his notice of appeal on June 5, 2008, the appeal is considered perfected pursuant to COMELEC Resolution No. 8654, taking it beyond the ambit of Divinagracia. Again, petitioner’s failure to pay the remaining PhP 3,200 within the prescribed period cannot be taken against him, since the COMELEC failed to notify him regarding the additional appeal fee, as provided by Resolution No. 8654. Although Nollen, following superseded jurisprudence, failed to pay the filing fee on time, he nonetheless voluntarily paid the remaining PhP 3,200 appeal fee on October 6, 2008. We, thus, credit him for remitting the amount of PhP 3,200, which, applying extant rules and prevailing jurisprudence, cannot be considered as having been belatedly paid. Hence, his petition should be given due course.
G.R. No. 187635, January 11, 2010
Velasco, Jr., J:
Facts: Respondent Susan M. Caballes and Mateo R. Nollen were candidates for punong barangay of Gibanga, Sariaya, Quezonin the October 29, 2007 barangay elections. Having garnered 456 votes as against the 448 votes Caballes obtained, Nollen was declared as the punong barangay-elect. Dissatisfied with the result, Caballes instituted an election protest with the MTC in Sariaya, Quezon. On June 3, 2008, the MTC rendered a decision declaring protestant Caballes as punong barangay-elect, having garnered 456 votes, or 5 votes more than the 451 votes of Nollen. Nollen filed his notice of appeal and paid the MTC the appeal fee of Php1000 on June 5, 2008. Following the elevation of the MTC’s records to the COMELEC, the First Division of the COMELECon September 22, 2008, dismissed Nollen’s appeal for his failure to pay the appeal fee of PhP3,000 prescribed by Section 3 and 4, Rule 40 of the COMELEC Rules of Procedure within the reglementary period of 5 days. Nollen moved for reconsideration, praying for the liberal interpretation of the rules, but stating in the same breath that his PhP 1,000 appeal fee payment was sufficient to perfect his appeal. On October 6, 2008, Nollen paid the amount of PhP3,200 at the COMELEC Cash Division. The COMELEC en banc denied Nollen’s motion for reconsideration stating that, while he timely filed his Notice of Appeal and simultaneously paid the Php1000 appeal fee with the MTC, the appeal would be deemed registered and docketed only upon full payment of the filing fee to the COMELEC. Hence, this petition for certiorari under Rule 64 in relation to Rule 65 seeking to nullify the order of the COMELEC en banc denying his motion for reconsideration.
Issue: Whether or not the appeal of Nollen was filed on time by paying the appeal fee in the MTC.
Held: The petition is meritorious.
Payment of appeal fees in appealed election protest cases is now separately required by the Rules of Court and Sec. 3, Rule 40 of the COMELEC Rules of Procedure, as amended by Resolution No. 02-0130, Series of 2002, a situation not obtaining previously. The Court, thus, deems it right to put things in proper perspective.
As Aguilar stated and COMELEC Resolution No. 8654 reiterated, the payment of the PhP 1,000 appeal fee within five days from the promulgation of the Regional Trial Court or MTC decision technically “perfects” the appeal from the trial court’s decision. Such appeal is not dismissible as a matter of course on account alone of the inadequate payment or nonpayment of the filing fee of PhP 3,200. The legal situation, however, changes if the appellant, in the words of Resolution No. 8654, fails, as directed, to pay the amount within 15 days from receipt of notice from the COMELEC. In the instant case, albeit Nollen paid the PhP 3,200 only in October 2008, or long after his receipt of the June 2008 MTC decision, his appeal may validly be viewed as not fatally belated. COMELEC Resolution No. 8654 is applicable to his appeal, as the appeal was on June 5, 2008, or prior to July 24, 2008 when the more stringent Resolution No. 8486 took effect.
It cannot be overemphasized, however, that the warning given in Divinagracia is inapplicable to the case at bar, since the notice of appeal in the instant case was filed on June 5, 2008. In the strict legal viewpoint, Divinagracia contextually finds applicability only in cases where notices of appeal were filed at least after the promulgation of the Divinagracia decision on July 27, 2009. Since petitioner paid the appeal fee of PhP 1,000 simultaneously with his filing of his notice of appeal on June 5, 2008, the appeal is considered perfected pursuant to COMELEC Resolution No. 8654, taking it beyond the ambit of Divinagracia. Again, petitioner’s failure to pay the remaining PhP 3,200 within the prescribed period cannot be taken against him, since the COMELEC failed to notify him regarding the additional appeal fee, as provided by Resolution No. 8654. Although Nollen, following superseded jurisprudence, failed to pay the filing fee on time, he nonetheless voluntarily paid the remaining PhP 3,200 appeal fee on October 6, 2008. We, thus, credit him for remitting the amount of PhP 3,200, which, applying extant rules and prevailing jurisprudence, cannot be considered as having been belatedly paid. Hence, his petition should be given due course.
PEOPLE vs. MARLON BARSAGA ABELLA
PEOPLE vs. MARLON BARSAGA ABELLA
G.R. No. 177295, January 6, 2010
Leonardo-De Castro, J.:
Facts: Sometime in December 1999, the accused Marlon Abella, while armed with a knife and under the influence of liquor, entered the house of herein complainant [AAA] (real name of the victim was withheld by the court in its decision to protect her identity), and then and there have sexual intercourse with [AAA], a 38-year old woman of feeble mind (“moderate mental retardation” or intellectual quotient of a 7 to 8-year old child”), against her will. During the pendency of the case, [AAA] gave birth to a child. Accused stated that [AAA] was coached to testify against him in furtherance of the hostility between their families. He claims that [AAA]’s mental disability made he so subservient to her parents that she would believe everything that they tell her. The RTC convicted the accused of the crime of rape. The case was elevated to the CA which affirmed the decision of the lower court. Hence, the decision is under automatic review by this court.
Issues:
1. Whether or not the prosecution failed to prove the guilt of the accused of the crime charged.
2. Whether or not the testimony of the victim is credible to convict the accused.
3. Whether or not the denial of the accused was not given due credit by the court.
Held: The high court in affirming the decision of the lower court and the CA stated the following:
1. Article 266-A of the Revised Penal Code provides that the crime of rape is committed by a man having carnal knowledge of a woman under any of the following circumstances: (1) through force, threat or intimidation; (2) when the offended party is deprived of reason or otherwise unconscious; (3) by means of fraudulent machination or grave abuse of authority; and (4) when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present. In People v. Andaya, [25] it was held that “sexual intercourse with a woman who is a mental retardate with the mental age of a child below 12 years old constitutes statutory rape” with or without the attendance of force, threat, or intimidation.
2. By well-entrenched jurisprudence, the issue of credibility of witnesses is “a question best addressed to the province of the trial court because of its unique position of having observed that elusive and incommunicable evidence of the witnesses' deportment on the stand while testifying which opportunity is denied to the appellate courts” and “[a]bsent any substantial reason which would justify the reversal of the trial court's assessments and conclusions, the reviewing court is generally bound by the former's findings, particularly when no significant facts and circumstances are shown to have been overlooked or disregarded which when considered would have affected the outcome of the case.”
3. It has been stressed, moreover, that the bare denials and uncorroborated alibis of an accused cannot overcome the positive identification of the accused and straightforward recounting of the accused’s commission of a crime. In People v. Nieto, this Court held:
It is an established jurisprudential rule that a mere denial, without any strong evidence to support it, can scarcely overcome the positive declaration by the victim of the identity and involvement of appellant in the crimes attributed to him. The defense of alibi is likewise unavailing. Firstly, alibi is the weakest of all defenses, because it is easy to concoct and difficult to disprove. Unless substantiated by clear and convincing proof, such defense is negative, self-serving, and undeserving of any weight in law. Secondly, alibi is unacceptable when there is a positive identification of the accused by a credible witness. Lastly, in order that alibi might prosper, it is not enough to prove that the accused has been somewhere else during the commission of the crime; it must also be shown that it would have been impossible for him to be anywhere within the vicinity of the crime scene.
G.R. No. 177295, January 6, 2010
Leonardo-De Castro, J.:
Facts: Sometime in December 1999, the accused Marlon Abella, while armed with a knife and under the influence of liquor, entered the house of herein complainant [AAA] (real name of the victim was withheld by the court in its decision to protect her identity), and then and there have sexual intercourse with [AAA], a 38-year old woman of feeble mind (“moderate mental retardation” or intellectual quotient of a 7 to 8-year old child”), against her will. During the pendency of the case, [AAA] gave birth to a child. Accused stated that [AAA] was coached to testify against him in furtherance of the hostility between their families. He claims that [AAA]’s mental disability made he so subservient to her parents that she would believe everything that they tell her. The RTC convicted the accused of the crime of rape. The case was elevated to the CA which affirmed the decision of the lower court. Hence, the decision is under automatic review by this court.
Issues:
1. Whether or not the prosecution failed to prove the guilt of the accused of the crime charged.
2. Whether or not the testimony of the victim is credible to convict the accused.
3. Whether or not the denial of the accused was not given due credit by the court.
Held: The high court in affirming the decision of the lower court and the CA stated the following:
1. Article 266-A of the Revised Penal Code provides that the crime of rape is committed by a man having carnal knowledge of a woman under any of the following circumstances: (1) through force, threat or intimidation; (2) when the offended party is deprived of reason or otherwise unconscious; (3) by means of fraudulent machination or grave abuse of authority; and (4) when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present. In People v. Andaya, [25] it was held that “sexual intercourse with a woman who is a mental retardate with the mental age of a child below 12 years old constitutes statutory rape” with or without the attendance of force, threat, or intimidation.
2. By well-entrenched jurisprudence, the issue of credibility of witnesses is “a question best addressed to the province of the trial court because of its unique position of having observed that elusive and incommunicable evidence of the witnesses' deportment on the stand while testifying which opportunity is denied to the appellate courts” and “[a]bsent any substantial reason which would justify the reversal of the trial court's assessments and conclusions, the reviewing court is generally bound by the former's findings, particularly when no significant facts and circumstances are shown to have been overlooked or disregarded which when considered would have affected the outcome of the case.”
3. It has been stressed, moreover, that the bare denials and uncorroborated alibis of an accused cannot overcome the positive identification of the accused and straightforward recounting of the accused’s commission of a crime. In People v. Nieto, this Court held:
It is an established jurisprudential rule that a mere denial, without any strong evidence to support it, can scarcely overcome the positive declaration by the victim of the identity and involvement of appellant in the crimes attributed to him. The defense of alibi is likewise unavailing. Firstly, alibi is the weakest of all defenses, because it is easy to concoct and difficult to disprove. Unless substantiated by clear and convincing proof, such defense is negative, self-serving, and undeserving of any weight in law. Secondly, alibi is unacceptable when there is a positive identification of the accused by a credible witness. Lastly, in order that alibi might prosper, it is not enough to prove that the accused has been somewhere else during the commission of the crime; it must also be shown that it would have been impossible for him to be anywhere within the vicinity of the crime scene.
PEOPLE vs. MANUEL BAGOS
PEOPLE vs. MANUEL BAGOS
G.R. No. 177152, January 6, 2010
Leonardo-De Castro, J.:
Facts: Manuel Bagos was charged with the crime of rape committed on or about the month of May, 1998 along the river bank of Baling-caguing River, Mabini, Pangasinan against AAA (real name of the victim was withheld by the court in its decision), a 10 year old minor while bathing in the river by grabbing and pulling her to sit in his in his lap, thereafter removed her panty and his pants, inserted his penis to her vagina and have carnal knowledge with her. Accused denied the allegation and stated that the victim’s family accused him of raping [AAA] due to a family misunderstanding. On December 15, 1999, the RTC rendered a decision finding the accused guilty of the crime he was charged for. The CA upheld the decision of the RTC and added an award for exemplary damages. From the CA, the case was elevated to the SC upon filing of the accused-appelant of a notice of appeal on January 8, 2007. On his appeal, accused-appellant contends that the testimony of [AAA] is incredible, unconvincing and inconsistent with human nature. He particularly points out the part of her testimony where accused-appellant allegedly pulled her panty down to her knees, removed his pants while standing, made her sit on his lap while in the water and inserted his penis into her vagina. On appeal, accused-appellant claims that this is incredulous, considering that he had a slight physical defect on his leg and could not have inserted his penis into AAA’s vagina with ease and without ripping her panty if the same had been pulled down only to AAA’s knees. According to accused-appellant, that AAA did not shout for help during the incident was likewise contrary to common experience.
Issue: Whether or not the court erred in convicting the accused-appellant of the crime charged despite the failure of the prosecution to prove his guilt beyond reasonable doubt.
Held:
1. Credibility of the victim’s testimony.
When the issue is one of credibility of witnesses, appellate courts will generally not disturb the finding of the trial court unless it has plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case. This is so because the trial court is in a better position to decide the question, having heard the witnesses and observed their deportment and manner of testifying during the trial.
2. Failure of the victim to shout for help.
This Court has noted in several cases that minors could be easily intimidated and cowed into silence even by the mildest threat against their lives. Be that as it may, the absence of struggle or an outcry from the victim is immaterial to the rape of a child below 12 years of age. The law presumes that such a victim, on account of her tender age, does not and cannot have a will of her own.
Courts usually give greater weight to the testimony of a girl who is a victim of sexual assault, especially a minor, as in this case, because no woman would be willing to undergo a public trial and put up with the shame, humiliation and dishonor of exposing her own degradation were it not to condemn an injustice and have the offender apprehended and punished. The crime of rape is essentially one committed in secrecy, hence it is usually only the victim who can testify with regard to the fact of forced coitus. As a result, conviction may be based solely on the plausible testimony of the private complainant.
G.R. No. 177152, January 6, 2010
Leonardo-De Castro, J.:
Facts: Manuel Bagos was charged with the crime of rape committed on or about the month of May, 1998 along the river bank of Baling-caguing River, Mabini, Pangasinan against AAA (real name of the victim was withheld by the court in its decision), a 10 year old minor while bathing in the river by grabbing and pulling her to sit in his in his lap, thereafter removed her panty and his pants, inserted his penis to her vagina and have carnal knowledge with her. Accused denied the allegation and stated that the victim’s family accused him of raping [AAA] due to a family misunderstanding. On December 15, 1999, the RTC rendered a decision finding the accused guilty of the crime he was charged for. The CA upheld the decision of the RTC and added an award for exemplary damages. From the CA, the case was elevated to the SC upon filing of the accused-appelant of a notice of appeal on January 8, 2007. On his appeal, accused-appellant contends that the testimony of [AAA] is incredible, unconvincing and inconsistent with human nature. He particularly points out the part of her testimony where accused-appellant allegedly pulled her panty down to her knees, removed his pants while standing, made her sit on his lap while in the water and inserted his penis into her vagina. On appeal, accused-appellant claims that this is incredulous, considering that he had a slight physical defect on his leg and could not have inserted his penis into AAA’s vagina with ease and without ripping her panty if the same had been pulled down only to AAA’s knees. According to accused-appellant, that AAA did not shout for help during the incident was likewise contrary to common experience.
Issue: Whether or not the court erred in convicting the accused-appellant of the crime charged despite the failure of the prosecution to prove his guilt beyond reasonable doubt.
Held:
1. Credibility of the victim’s testimony.
When the issue is one of credibility of witnesses, appellate courts will generally not disturb the finding of the trial court unless it has plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case. This is so because the trial court is in a better position to decide the question, having heard the witnesses and observed their deportment and manner of testifying during the trial.
2. Failure of the victim to shout for help.
This Court has noted in several cases that minors could be easily intimidated and cowed into silence even by the mildest threat against their lives. Be that as it may, the absence of struggle or an outcry from the victim is immaterial to the rape of a child below 12 years of age. The law presumes that such a victim, on account of her tender age, does not and cannot have a will of her own.
Courts usually give greater weight to the testimony of a girl who is a victim of sexual assault, especially a minor, as in this case, because no woman would be willing to undergo a public trial and put up with the shame, humiliation and dishonor of exposing her own degradation were it not to condemn an injustice and have the offender apprehended and punished. The crime of rape is essentially one committed in secrecy, hence it is usually only the victim who can testify with regard to the fact of forced coitus. As a result, conviction may be based solely on the plausible testimony of the private complainant.
I FEEL THE EARTH MOVED!
At about 1:30 in the afternoon today, an earthquake happened in Bacoor, Cavite. I was listening to the call that I was auditing when my officemate stood up from her chair and said “I am little dizzy.” I looked at her and I felt dizzy myself. The intensity is too strong to pass it up as a mere dizziness. We then realize that the earth is moving. Our office is located at the fifth floor. The movement can be felt anywhere from the floor to the ceiling. I felt numb and kept silent. I dare not move a muscle thinking that if I do I might intensify the earth’s movement. It was scary!
After the earthquake subsided I came to thinking what one ought to do during an earthquake. Your actions would depend on where you are when the earthquake happens. You could be indoor or outdoor if that happens. Then I realized that if it happens, regardless of where you are, you are supposed to keep your wit at all times. Presence of mind is the most important defense that you’ll have in case of natural disasters and not for earthquakes alone.
Here is some of what I should do if an earthquake happens in my house, workplace or just outside of my comfort zone.
1. Don’t panic!
2. Fall down to the ground. Cover yourself under a strong table, chair or any pieces of furniture made of strong materials.
3. Cover your head and face with your arms and squat or bend down in one corner of the edifice.
4. Stay away from things that could break or fall in your head like lighting fixtures, windows and walls.
5. Diminish your movement until the quaking has stopped.
6. Say a little prayer or whistle a happy song. It helps ease your nervousness.
7. Do not use the elevator when exiting from the building.
Earthquake can happen any time. Prepare yourself for the worst when it happens. Courage is undermined when you are unprepared.
After the earthquake subsided I came to thinking what one ought to do during an earthquake. Your actions would depend on where you are when the earthquake happens. You could be indoor or outdoor if that happens. Then I realized that if it happens, regardless of where you are, you are supposed to keep your wit at all times. Presence of mind is the most important defense that you’ll have in case of natural disasters and not for earthquakes alone.
Here is some of what I should do if an earthquake happens in my house, workplace or just outside of my comfort zone.
1. Don’t panic!
2. Fall down to the ground. Cover yourself under a strong table, chair or any pieces of furniture made of strong materials.
3. Cover your head and face with your arms and squat or bend down in one corner of the edifice.
4. Stay away from things that could break or fall in your head like lighting fixtures, windows and walls.
5. Diminish your movement until the quaking has stopped.
6. Say a little prayer or whistle a happy song. It helps ease your nervousness.
7. Do not use the elevator when exiting from the building.
Earthquake can happen any time. Prepare yourself for the worst when it happens. Courage is undermined when you are unprepared.
Saturday, March 20, 2010
HEARTBROKEN OVER A FOUNTAIN PEN
When I entered law school at the young age of twenty, I did not know that lawyers or law students are supposed to use a fountain pen. What is it? How does it differ from the usual Pilot sign pen that I use in my pre-law course? Needless to say, I am clueless as to how a fountain pen looks like. Good thing that I am not the only person in the class who was clueless about what a fountain pen is. I asked some of my classmates who were able to buy a set of fountain pen already of how much does it cost. They told me that the cheapest fountain pen they can find in bookstores cost more or less 300 Philippine pesos.
I am just a professional student who solely depends on financial support from my parents. I have limited budget for miscellaneous expenses including fountain pen. If I tell my parents how much a fountain pen cost, they would tell me to go for a Pilot sign pen instead.
I saved up a portion of my allowance daily so I can buy my own fountain pen before our Midterms in school. When I had enough savings, my classmate and I went to National Bookstore located in Recto corner Morayta Street in Manila to buy our first set of fountain pen. I picked a white fountain pen with gold rings on its body and on the lid of its cap. It was my priceless possession at that time.


I don’t remove it from its crystal box when I am not using it. I used it daily in taking notes from class. Fountain pen is a little harder to write because it has a big and round body unlike my old Pilot sign pen. When you write, it is supposed to glide on a smooth paper otherwise the ink will blot which will make your paper messy and dotty.
One day, I left my fountain pen in its box in my study table at home. When I came home from school, I immediately looked for it. It was gone! I remember to have left it just beside my lamp in the study table. I asked everyone in the house if they happen to see my fountain pen. Nobody knew where my fountain pen went. I am worried sick because I really love that pen. I always thought that it would live on to see me through until I graduate from college of law and become a full pledged lawyer. I was about to cry when my little sister came to my side and told me “Ate, I brought your fountain pen in school. It was taken by my classmate and he does not want to return it to me. ” I shouted and scolded her for taking my fountain pen without my permission. The following day, I went to her school and looked for the boy who took my fountain pen. The boy could not produce the fountain pen because he traded it for a toy with his playmate. My heart sunk in despair. There is no way that I can get my fountain pen back. I was really furious with anger against my little sister. I cried all day. I missed my class in school because I was so upset to even dress up and go to school.
As days and years went by, I survived the loss of my first fountain pen. I bought a new set of Parker fountain pen in three colors, that is, blue, brown and black to replace the white one that I previously had. I have forgotten my lost fountain pen. Now, I can only remember how I was heartbroken by a fountain pen and it makes me laugh every time I think of it.

I am just a professional student who solely depends on financial support from my parents. I have limited budget for miscellaneous expenses including fountain pen. If I tell my parents how much a fountain pen cost, they would tell me to go for a Pilot sign pen instead.
I saved up a portion of my allowance daily so I can buy my own fountain pen before our Midterms in school. When I had enough savings, my classmate and I went to National Bookstore located in Recto corner Morayta Street in Manila to buy our first set of fountain pen. I picked a white fountain pen with gold rings on its body and on the lid of its cap. It was my priceless possession at that time.
I don’t remove it from its crystal box when I am not using it. I used it daily in taking notes from class. Fountain pen is a little harder to write because it has a big and round body unlike my old Pilot sign pen. When you write, it is supposed to glide on a smooth paper otherwise the ink will blot which will make your paper messy and dotty.
One day, I left my fountain pen in its box in my study table at home. When I came home from school, I immediately looked for it. It was gone! I remember to have left it just beside my lamp in the study table. I asked everyone in the house if they happen to see my fountain pen. Nobody knew where my fountain pen went. I am worried sick because I really love that pen. I always thought that it would live on to see me through until I graduate from college of law and become a full pledged lawyer. I was about to cry when my little sister came to my side and told me “Ate, I brought your fountain pen in school. It was taken by my classmate and he does not want to return it to me. ” I shouted and scolded her for taking my fountain pen without my permission. The following day, I went to her school and looked for the boy who took my fountain pen. The boy could not produce the fountain pen because he traded it for a toy with his playmate. My heart sunk in despair. There is no way that I can get my fountain pen back. I was really furious with anger against my little sister. I cried all day. I missed my class in school because I was so upset to even dress up and go to school.
As days and years went by, I survived the loss of my first fountain pen. I bought a new set of Parker fountain pen in three colors, that is, blue, brown and black to replace the white one that I previously had. I have forgotten my lost fountain pen. Now, I can only remember how I was heartbroken by a fountain pen and it makes me laugh every time I think of it.
Friday, March 19, 2010
ENGAGEMENT RING: TWO OR THREE MONTHS SALARY RULE APPLIES?
As I was researching for a work-related project, I chanced upon this ‘three months salary rule.” I thought it is the same thing from the three-month rule that I encountered for the first time in a local movie starring Bea Alonzo and John Lloyd Cruz. When I continued reading, I realized that it is different from the three-month rule that I know of.
The three-month rule that the article was talking about involves buying of engagement rings. It is said that if you will propose marriage to your girlfriend, make sure that you are prepared to give her an engagement ring worth two or three months of your salary.
When considering buying an engagement ring, it is difficult to be practical, for the reason that an engagement ring is a representation of love and it is so intricate to put a value to a feeling that is invaluable. Some people believe that a ring mirrors your love and commitment. Hence, the bigger the diamond, the deeper must be your love. Usually the rule of thumb is that the engagement ring should cost around two to three month’s of your salary so it would naturally depend on how much you earn when deciding to purchase one.
Now, what is my take on the three months rule on purchasing an engagement ring? I believe that the rule is a fairy tale. I admit that there is specific set of amount or percentage on how much one should spend on an engagement ring. This decision varies from individual to individual. Somehow, like any huge purchases that you may have had, you begin with establishing a budget first before you begin to start looking. Once your budget is set and you have several options available which are within the boundaries of your established budget you will finally be able to make a wise decision on which ring is right for you and your significant other. Your ultimate goal is to make sure that the ring you purchased is just within your means and living standards.
Whatever engagement ring you prefer will always be a stunning symbol of your affection for each other, and a constant memento of a very special day. So never mind how much you spend on it, it’s your love that will always be priceless.
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Thursday, March 18, 2010
PEN AND INK

Went to the store to buy me a pen
The pen wouldn't write so I traded for a hen
The hen wouldn't lay so I traded for a ray
The ray wouldn't shine so I traded for a vine
The vine wouldn't swing so I traded for a ring
The ring wouldn't fit so I traded for a hit
The hit wouldn't run so I traded for a gun
The gun wouldn't shoot so I traded for a flute
The flute wouldn't blow so I traded for a hoe
The hoe wouldn't heave like holes in a sieve
Like folds in a sleeve and I think it's time to leave
So don't underestimate the power of the pen
Because the power of the mind translates into the pen
And if the power of the pen comes from w/in
Like the power of the mind that makes you think
Just think will this pen ever run out of ink?
The pen kept gliding on a piece of paper
The hand was guiding it ''cause sooner or later
Thoughts would emerge every time I get
the urge to write on a pad all the thoughts I ever had
We write the right rhymes so don't try to bite mine
In spite of this you still write to spite
We write the songs that make people sing along
You write for a fee and make a lot of enemies
You dig for the dirt get cash for the trash
How much would it cost for you to kiss my ass?
Because the pen is mightier than the sword
Heavens to Betsy, oh, my Lord!
If you believe, you shall receive
And if you deceive, we will besiege
Because the power of the mind translates
into the pen And if the power of the pen comes from within
Like the power of the mind that makes you think
Just think, will this pen ever run out of ink?
Yeah, use a pencil.
Francis Magalona
1964-2009
I chanced upon this lyric when I was surfing the internet in the office. I was doing nothing and the internet is my favorite past time these days. I thought it was a poem written by someone. It caught my attention and I read through it. At the end of the lyrics, I found the name of the author. It says Francis M. Confusion registered on my face. Am I reading what I think it is? The poem is written by Francis M? I copied the first stanza of the poem and pasted it in the Google search bar and hit enter. The search gave me song lyric hits. I opened the first hit and found that it was in fact a lyric of a song originally created by the late Filipino rapper Francis Magalona. My jaw dropped in amazement. Such a wonderful lyric was written by a Filipino rapper. It was a very powerful lyric and the display of creativity is apparent in its construction. Francis Magalona is a good lyricist and poet. It is just sad that he went away early in his life. There might have been beautiful words put into music by such a wonderful and creative working mind.
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INTERNET HACKERS ATTACK!
I was surprised to have received a call from a friend who is living in Cagayan de Oro one morning. I thought that she just missed me and decided to give a ring that morning. Lo and behold! The purpose of the call was far different from what I expected. The conversation went on like this.
Caller: “Grazee, where are you right now?”
Me: “I am on my way to the hospital because my mother is getting her eye operation today. Why?”
Caller: “Oh well, I and some members of the forum (the one that I am moderating), received an email from you just this morning informing us that you are in London and you were asking money because you were mugged and stuck in the airport or something.” There is a thread created in the forum just for that. Do you have access to the internet right now so you could check and reply on the thread?
Me: How can that be? I just got off from work and I never been out of the country yet. I wont have access to the internet until after lunch.
Caller: I believe your yahoo mail has been hacked and all your contacts were sent an email. Do you have a different email address where I can send you the letter sent to us?
Me. I do. Can you send me the email to my alternative email address? I gave my other email address.
Caller: Okay. I will reply to the thread created in the forum for this issue and tell them that you don’t know anything about it.
Me: Thanks Ate. I would really appreciate it.
When I got home, I immediately checked my email account. Surprise! I can not login. It says “account has been locked for 24 hours because it has been compromised.) I logged in to my alternative email address and found the email forwarded to me by my friend. The email is copied below.
“Hope you get this on time. Sorry i did not inform you about my sudden trip to Kent Dover UK for a program. I am presently stranded here and urgently require your kind favor soon. I hope you come to my aid. Last night, I got mugged at gun point on my way to the hotel where i lodged. They went away with all have got including my wallet where i have all my cash and credit card and also my cell phone. I wasn't injured because I quickly complied.
My traveling documents are been apprehended by the hotel management because of my inability to pay bills. I reported to the police and they only asked me to write a statement about the incident and later referred me to the embassy. I contacted our embassy here but they are not responding effectively to the matter. I am confused and so full of panic right now. For now, I do not have a phone where I can be reached. All i have got here is my mail. I also have limited access to the computer. Please I need you to kindly loan me about (1,820 Pounds) to sort-out my hotel bills and other expenses incurred here and get back home soon as i do not feel safe here anymore. I Promise to refund your money immediately i return home. I will explain full details to you when i get back. I will appreciate any amount you can quickly arrange and send to me via Western Union or Money Gram with the details below.
Receivers Names: (Name withheld for security reasons)
Receivers Address/location: 19 New Dover Road , Canterbury
Dover Kent,CT1 3AH, United kingdom
Write to me the full details of the transfer or scanned copy of the transfer receipt so that i can receive over here quickly. Let me know if you can be of any help soon because you are the only person i can reach at this moment and the next flight back home departs in about few hours.
Get back to me ASAP.
Kind Regards
Grazee”
My jaw dropped in desperation. I logged in to the forum that I am moderating and found out that that the members were worried about me and concerned if the email was sent by me or just a scam. My account was temporarily suspended by the Administrator so it won’t be hacked and damaged by the hacker until I called the Admin and gave an alternative email address to link up my account to. When I called on the Administrator of the forum to explain my side, I was not able to control myself from crying. Paul pacified me and told me to reset all my logins and passwords concerning my online bank accounts including Paypal which the hacker might get hold of and withdraw funds from them. Before I accomplish anything regarding my login and passwords, I posted a reply in the forum which is worded exactly like this.
“Hello Everyone,
I am sorry for the late posts that I am making for this bruhahaha. I just received a call from Daisy early this morning informing me that someone used my email account to send emails to members of the forum asking them to send me money.
First of all, I am not in the UK as of this moment. I just got home from the hospital because my mom has had an eye operation and I brought money to pay for the hospital bills. I received Daisy’s call on my way to the hospital after I got off from my work. When I logged in today to check my emails in yahoo, I can no longer access it. The error message said that “my account has been compromised.” Yahoo locked my account and I can only access it after 24 hours and probably after changing my password and verifying and/or answering some security questions.
The hacker got my real name and is using it to solicit money from members of the forum. I really don’t know why the hacker was able to get hold of your email addresses. I have only been in contact with a few members who became good friends of mine in and out of the forum. I am not really a technically knowledgeable person so I don’t know that my account has been hacked until I was informed through text message by Daisy and some friends of mine who were non-members of the forum that someone is using my identity to solicit money from them.
For this reason, I am coming forward to warn everyone that I am not the person who is asking you money. I don’t need financial help from anyone as of this time. If I do, I would course through my request to Paul first before I will send an email to any one of you. My father would beat me to death if I ask for someone’s help, especially if it concerns money, without asking him first. I am a member of the forum in good standing. I have never taken advantage of anyone from this forum and I don’t intend to do so in the future.
Now, my problem is how to secure my email account should I recover it. The hacker most probably have read my emails and got hold of my login and passwords to my online bank accounts including my Paypal account. This is a nightmare for me and I don’t know what to do.
Again, I am really sorry if I caused you trouble and anxiety. Thank you and God bless you all.”
Has anyone experienced the same problem with your email account being hacked by someone? It is so disappointing that your security is breached without you even knowing it, until your friends tell you about it. Some of these hackers get your email addresses from social networking sites that you might be a member of. I am a member of Facebook, Friendster, Myspace and some other forums and online networks. It never occurred to me that I could be a victim of an identity theft in the internet. It is unbelievable how these low-life people could use your account to defraud others. What if the people she was able to send an email responded to her plea of sending her money? She could have enriched herself to my expense! Grrrr…….
Now, what did I learn from this sad event in my life? I should create a bogus email address to link up with my social networking sites, change my passwords regularly, never store sensitive information in your email account and maintain several email accounts as your backup email should one been hacked. I hope you get to learn from my experience and share your learning to others.
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Caller: “Grazee, where are you right now?”
Me: “I am on my way to the hospital because my mother is getting her eye operation today. Why?”
Caller: “Oh well, I and some members of the forum (the one that I am moderating), received an email from you just this morning informing us that you are in London and you were asking money because you were mugged and stuck in the airport or something.” There is a thread created in the forum just for that. Do you have access to the internet right now so you could check and reply on the thread?
Me: How can that be? I just got off from work and I never been out of the country yet. I wont have access to the internet until after lunch.
Caller: I believe your yahoo mail has been hacked and all your contacts were sent an email. Do you have a different email address where I can send you the letter sent to us?
Me. I do. Can you send me the email to my alternative email address? I gave my other email address.
Caller: Okay. I will reply to the thread created in the forum for this issue and tell them that you don’t know anything about it.
Me: Thanks Ate. I would really appreciate it.
When I got home, I immediately checked my email account. Surprise! I can not login. It says “account has been locked for 24 hours because it has been compromised.) I logged in to my alternative email address and found the email forwarded to me by my friend. The email is copied below.
“Hope you get this on time. Sorry i did not inform you about my sudden trip to Kent Dover UK for a program. I am presently stranded here and urgently require your kind favor soon. I hope you come to my aid. Last night, I got mugged at gun point on my way to the hotel where i lodged. They went away with all have got including my wallet where i have all my cash and credit card and also my cell phone. I wasn't injured because I quickly complied.
My traveling documents are been apprehended by the hotel management because of my inability to pay bills. I reported to the police and they only asked me to write a statement about the incident and later referred me to the embassy. I contacted our embassy here but they are not responding effectively to the matter. I am confused and so full of panic right now. For now, I do not have a phone where I can be reached. All i have got here is my mail. I also have limited access to the computer. Please I need you to kindly loan me about (1,820 Pounds) to sort-out my hotel bills and other expenses incurred here and get back home soon as i do not feel safe here anymore. I Promise to refund your money immediately i return home. I will explain full details to you when i get back. I will appreciate any amount you can quickly arrange and send to me via Western Union or Money Gram with the details below.
Receivers Names: (Name withheld for security reasons)
Receivers Address/location: 19 New Dover Road , Canterbury
Dover Kent,CT1 3AH, United kingdom
Write to me the full details of the transfer or scanned copy of the transfer receipt so that i can receive over here quickly. Let me know if you can be of any help soon because you are the only person i can reach at this moment and the next flight back home departs in about few hours.
Get back to me ASAP.
Kind Regards
Grazee”
My jaw dropped in desperation. I logged in to the forum that I am moderating and found out that that the members were worried about me and concerned if the email was sent by me or just a scam. My account was temporarily suspended by the Administrator so it won’t be hacked and damaged by the hacker until I called the Admin and gave an alternative email address to link up my account to. When I called on the Administrator of the forum to explain my side, I was not able to control myself from crying. Paul pacified me and told me to reset all my logins and passwords concerning my online bank accounts including Paypal which the hacker might get hold of and withdraw funds from them. Before I accomplish anything regarding my login and passwords, I posted a reply in the forum which is worded exactly like this.
“Hello Everyone,
I am sorry for the late posts that I am making for this bruhahaha. I just received a call from Daisy early this morning informing me that someone used my email account to send emails to members of the forum asking them to send me money.
First of all, I am not in the UK as of this moment. I just got home from the hospital because my mom has had an eye operation and I brought money to pay for the hospital bills. I received Daisy’s call on my way to the hospital after I got off from my work. When I logged in today to check my emails in yahoo, I can no longer access it. The error message said that “my account has been compromised.” Yahoo locked my account and I can only access it after 24 hours and probably after changing my password and verifying and/or answering some security questions.
The hacker got my real name and is using it to solicit money from members of the forum. I really don’t know why the hacker was able to get hold of your email addresses. I have only been in contact with a few members who became good friends of mine in and out of the forum. I am not really a technically knowledgeable person so I don’t know that my account has been hacked until I was informed through text message by Daisy and some friends of mine who were non-members of the forum that someone is using my identity to solicit money from them.
For this reason, I am coming forward to warn everyone that I am not the person who is asking you money. I don’t need financial help from anyone as of this time. If I do, I would course through my request to Paul first before I will send an email to any one of you. My father would beat me to death if I ask for someone’s help, especially if it concerns money, without asking him first. I am a member of the forum in good standing. I have never taken advantage of anyone from this forum and I don’t intend to do so in the future.
Now, my problem is how to secure my email account should I recover it. The hacker most probably have read my emails and got hold of my login and passwords to my online bank accounts including my Paypal account. This is a nightmare for me and I don’t know what to do.
Again, I am really sorry if I caused you trouble and anxiety. Thank you and God bless you all.”
Has anyone experienced the same problem with your email account being hacked by someone? It is so disappointing that your security is breached without you even knowing it, until your friends tell you about it. Some of these hackers get your email addresses from social networking sites that you might be a member of. I am a member of Facebook, Friendster, Myspace and some other forums and online networks. It never occurred to me that I could be a victim of an identity theft in the internet. It is unbelievable how these low-life people could use your account to defraud others. What if the people she was able to send an email responded to her plea of sending her money? She could have enriched herself to my expense! Grrrr…….
Now, what did I learn from this sad event in my life? I should create a bogus email address to link up with my social networking sites, change my passwords regularly, never store sensitive information in your email account and maintain several email accounts as your backup email should one been hacked. I hope you get to learn from my experience and share your learning to others.
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Tuesday, March 16, 2010
NATIONAL HISTORICAL INSTITUTE VERSUS ARNEL PINEDA
The controversy arose from the wrongful rendition of Journey’s front man, Arnel Pineda, of the Philippine National Anthem during the fight of Manny Pacquiao against Joshua Clottey at the Cowboys Stadium in Arlington , Texas on March 13, 2010. The spokesperson of the NHI claimed that Arnel Pineda sung the national anthem differently from the established beat and sound that it’s supposed to have been sung. Some artists who previously sung the same song in some of the previous fights of Manny Pacquiao came to Arnel Pineda’s defense. They said that it was not their intention to rewrite the rhythm and sound of the national anthem. What is important is that they sung it straight from their heart and with conviction.
As an ordinary citizen, I would say that NHI was just over reacting on the issue. When we were in school I don’t remember singing the national anthem in a marching beat. It was usually melancholic and slow. I agree with some of the stars that it is not how you sing it but what you felt when you were singing it. If it is their concern that the national anthem be sung based on its original beat and hymn, they should have sent someone who is trained to do that to sing in the fight. They give utmost importance to the correct execution of the song but they failed to do their part in doing so. This is just a media publicity for the NHI which does not reflect very well on the agency.
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As an ordinary citizen, I would say that NHI was just over reacting on the issue. When we were in school I don’t remember singing the national anthem in a marching beat. It was usually melancholic and slow. I agree with some of the stars that it is not how you sing it but what you felt when you were singing it. If it is their concern that the national anthem be sung based on its original beat and hymn, they should have sent someone who is trained to do that to sing in the fight. They give utmost importance to the correct execution of the song but they failed to do their part in doing so. This is just a media publicity for the NHI which does not reflect very well on the agency.
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Monday, March 15, 2010
CONTAINER VAN AND PUV COLLISION IN BACOOR, CAVITE
Earlier this morning, on my way home from work, I witnessed the collision of a container van to a passenger jeepney along Aguinaldo Highway just in front of SM City Bacoor. It created a huge and long early morning traffic. The van hit the jeepney on its side near its tail. Vehicles going to Manila were stuck in traffic. The van almost occupied three-fourths of the street giving little access for motorists. The driver is suspected to have been drunk while driving. The jeepney has no passengers yet because it just came out of the garage. I was able to take some pictures using my mobile phone when the bus that I was on board passed on the right side of the van.


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RUFFA AND KRIS's RECONCILIATION - ANOTHER SOAP OPERA?
The two well-known actresses and TV personalities, Kris Aquino and Ruffa Gutierrez, reconciled publicly on TV following their disputes originating from last week’s episode of the TV show “The Buzz.” Before today’s episode of the same show, Kris Aquino already released a public apology statement to Ruffa and her family for causing distress and pain. Ruffa later issued a statement accepting the apology of Kris Aquino and apologized to the latter as well for over-reacting.
What is my reaction to this kind of hullabaloo between two pretty actresses? This is a well-staged publicity for both of them.
They claim to have known each other and have been friends for 23 years; at least Kris said that in one of her interviews after that TV spectacle was aired on national television. If they were really friends, they should know when is the other person joking or serious about something. As I’ve watched the verbal exchanges that they had in the show, I can tell that Kris was only being playful and teasing Ruffa on the set. She might have exaggerated the teasing a bit which probably infuriated Ruffa, as seen from her facial expressions.
Oh well, this non-sense could have died after the taping if not for the call received by Ruffa from her mother. Of course Annabel Rama can not help herself from scrubbing in the issue, making it worst than it’s supposed to be. She called on the people not to vote on Kris’s brother, Nonoy Aquino, who is seeking the presidential post in the coming national election.
What do they get from this TV manipulation? It gave them an extra media exposure for Ruffa and another crying-on-TV episode for Kris. What do you think?
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What is my reaction to this kind of hullabaloo between two pretty actresses? This is a well-staged publicity for both of them.
They claim to have known each other and have been friends for 23 years; at least Kris said that in one of her interviews after that TV spectacle was aired on national television. If they were really friends, they should know when is the other person joking or serious about something. As I’ve watched the verbal exchanges that they had in the show, I can tell that Kris was only being playful and teasing Ruffa on the set. She might have exaggerated the teasing a bit which probably infuriated Ruffa, as seen from her facial expressions.
Oh well, this non-sense could have died after the taping if not for the call received by Ruffa from her mother. Of course Annabel Rama can not help herself from scrubbing in the issue, making it worst than it’s supposed to be. She called on the people not to vote on Kris’s brother, Nonoy Aquino, who is seeking the presidential post in the coming national election.
What do they get from this TV manipulation? It gave them an extra media exposure for Ruffa and another crying-on-TV episode for Kris. What do you think?
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A TALE OF A WANDERER IN BORACAY ISLAND
My friend and I decided to go to Boracay. We booked our flight via SEAIR sometime in December 2009 for our February 24-26 trip. A day before our trip, I went to Robinson’s Galleria in Ermita, Manila to buy new sets of bathing suit. I bought two pairs in addition to the two pairs I have at home. My mother bought me a traveling bag which could carry small pieces of clothes for my three day trip.
A day before the trip, I bought personal things like shampoo, conditioner, toothpaste, and sun block cream. I already filed my vacation leave a day earlier so I can spend a day packing my things into my bag. On the day of the trip, I woke up early and double checked the things that I packed the other day. When I was already satisfied, I hit the shower and change to my sleeveless top and green walking shorts and slipped on my sandals. I bid my mother goodbye and headed to the door.
I am already late for my pre-departure appointment with my best friend Allan. We’re supposed to have lunch before we check in to the airport. Before I boarded the bus to the airport, I went to a nearby internet café and printed my e-ticket. After which, I boarded the bus and alighted in Coastal Mall. From there I boarded a taxi to bring me to the old domestic airport where SEAIR flies. It was past one in the afternoon when I reached the gate of the airport. I am not worried because our flight is at three in the afternoon. I’ve got plenty of time to check in and wait for the passengers to be called. However, Allan who decided to check in ahead of me kept on bothering me by texting me where I was.
In the terminal’s waiting lounge, Allan met a young Japanese, Shohei, who is also going to Boracay. However, his flight was delayed so he spent his time chatting with us.

During this time, I was a bit upset because I think that we were too early when we checked in. We could have had our lunch outside of the terminal had he not checked in ahead of time. By three in the afternoon, we boarded the plane. We left Shohei in the terminal and told him that we will look for him in Boracay before it gets dark. Needless to say, we were both hungry when we boarded the plane.
He seated near the window and I seated near the aisle. My stomach complained because I had brunch at home and because I was upset with Allan my stomach was already upset. At this point in time I wished that I put some biscuits in my carry on bag so I have something to munch inside the plane. I endured the hunger until we arrived in Caticlan airport.
From the airport we were picked up by a van courtesy of the hotel where we will stay at in Boracay. We boarded the van and were taken to Jetty Port to board a motorized boat that will bring us to Cagban Port. From Cagban Port, another van serviced us and brought us to the hotel. We stayed in Boracay Courtyard in Station II. We got out hotel key and proceeded to our room. We unpacked our things and headed out.
I admired the beach and the pearly white sand when I stepped out of the hotel and into the beach. We walked to find a place where we can have our dinner. At last, we find a cheap place and ate tocilog, longsilog and la paz batchoy. By now, we felt relieved from hunger. We strolled in the beach.
While walking, we saw a familiar face in the crowd. It was Shohei! We called him and he joined us for a walk in the shore. We observed the activities that were happening around us. There was fire dancing in almost every corner of Station 2. The buffet tables were set and the crews were inviting visitors to come and eat. Since we already ate, we looked for a vacant table and chairs and sat there. Alan ordered beers and tacos. I had a beer that night and the two men had a bucket of beers for themselves. I felt drunk already so I called it a night and went back to our hotel. I checked my mails and updated my Facebook account. I hit the shower and changed clothes before I went to bed. After two hours, Allan came in. He slept soundly, snoring so loudly on the other bed. I had a hard time sleeping because he snored loud. After a while, I fell asleep.
We woke up at around five in the morning and prepared ourselves for breakfast in the other hotel. We had a sumptuous breakfast in La Carmela Hotel. We had bacon, fried rice, corned beef, eggs, coffee, and juice. I ate plenty to last until late lunch. After breakfast, we went back to our hotel room. Allan summoned a masseuse and had a massage in our hotel room. After the massage he slept. Meanwhile, I checked my mails and FB. I waited for Shohei to show up so I have someone to accompany me when I swim.
I swam in the beach together with Shohei. I have to bribe Shohei to accompany me in the waters and to take my pictures. Allan is in the shore calling and texting his clients. What a waste of time and opportunity to swim! Anyhow, Shohei and I had a great time swimming. He took some of my pictures while I was in the water.

By four in the afternoon, we left the beach and headed to our hotel room. I hit the shower and rest for a while before we went out and had dinner. While looking for a place to eat dinner, I arranged an ATV activity for the next day before we come back to Manila. I had a deal for ATV ride at Php400 and I am the only one going to do it the following morning.
We had our dinner near the beach. After eating, both men had a drink. Since I was tired swimming, I went back to our hotel room early. I hit the sack after checking my mails and uploading some of our pictures from my camera phone. I woke up early so we can have breakfast early in La Carmela Hotel. I have a scheduled ATV activity by seven in the morning. I need to eat fast and meet my guide.
My guide picked me up at past seven in the morning in the hotel for my ATV ride. We rode a tricycle and went to the place where ATV rides were. Upon reaching the place, I rode one of the ATV’s for a test drive and listened for my guide’s instructions. When I was ready to drive, the guide and I went for a ride. We traveled the uphill part of Boracay. The guide was very courteous to take my pictures in every angle in the hillside. We went to Mt. Luho and took some pictures at the top most part of the view of Boracay from afar. I rode the ATV for an hour. When I was done riding it, I rode a tricycle back to Station II.

Allan and I went out and bought some keep sakes and give aways for family and friends who are waiting for us in Manila. After my shopping, I decided to swim again before we pack our things and headed to the airport. I was in my bathing suit, anyway. So, I went to the beach and swam one last time. I spent an hour in the water and under the sun. When I felt tired of swimming, I went back to the hotel. I hit the shower and changed clothes.
I packed my things and prepared myself to leave the place. I made sure that I did not leave anything behind. When I was ready, Allan called the receptionist and informed her that we were ready to leave the place. We were picked up by one of the hotel’s staffs and brought to Cagban Port. We boarded a boat and brought us back to Jetty Port. From Jetty Port we were picked up by a van and were brought to Caticlan Airport. Our flight is at thirty minutes past three in the afternoon.
Upon check in, we were informed that we can board an earlier flight to Manila because the plane that recently landed has no passengers. We opted to take the earlier flight so we can be in Manila before lunch. We boarded the plane. I was seated near the window and Allan was seated near the window just in front of me. There were enough seats for us to be seated near the window of the plane. We landed in the domestic airport at quarter to twelve in the afternoon. Allan headed to Casino Filipino to meet his sister and I headed home in Cavite.
That was all about my Boracay trip. It was not much of a fun as I imagined it to be because my friend played a “kill joy” during our stay there. I will go back in Boracay someday soon but I will make sure that I will be accompanied by someone who is willing to do all the activities I wanted to experience in the island. I missed some of it and I vow to do those things the next time.
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A day before the trip, I bought personal things like shampoo, conditioner, toothpaste, and sun block cream. I already filed my vacation leave a day earlier so I can spend a day packing my things into my bag. On the day of the trip, I woke up early and double checked the things that I packed the other day. When I was already satisfied, I hit the shower and change to my sleeveless top and green walking shorts and slipped on my sandals. I bid my mother goodbye and headed to the door.
I am already late for my pre-departure appointment with my best friend Allan. We’re supposed to have lunch before we check in to the airport. Before I boarded the bus to the airport, I went to a nearby internet café and printed my e-ticket. After which, I boarded the bus and alighted in Coastal Mall. From there I boarded a taxi to bring me to the old domestic airport where SEAIR flies. It was past one in the afternoon when I reached the gate of the airport. I am not worried because our flight is at three in the afternoon. I’ve got plenty of time to check in and wait for the passengers to be called. However, Allan who decided to check in ahead of me kept on bothering me by texting me where I was.
In the terminal’s waiting lounge, Allan met a young Japanese, Shohei, who is also going to Boracay. However, his flight was delayed so he spent his time chatting with us.
During this time, I was a bit upset because I think that we were too early when we checked in. We could have had our lunch outside of the terminal had he not checked in ahead of time. By three in the afternoon, we boarded the plane. We left Shohei in the terminal and told him that we will look for him in Boracay before it gets dark. Needless to say, we were both hungry when we boarded the plane.
He seated near the window and I seated near the aisle. My stomach complained because I had brunch at home and because I was upset with Allan my stomach was already upset. At this point in time I wished that I put some biscuits in my carry on bag so I have something to munch inside the plane. I endured the hunger until we arrived in Caticlan airport.
From the airport we were picked up by a van courtesy of the hotel where we will stay at in Boracay. We boarded the van and were taken to Jetty Port to board a motorized boat that will bring us to Cagban Port. From Cagban Port, another van serviced us and brought us to the hotel. We stayed in Boracay Courtyard in Station II. We got out hotel key and proceeded to our room. We unpacked our things and headed out.
I admired the beach and the pearly white sand when I stepped out of the hotel and into the beach. We walked to find a place where we can have our dinner. At last, we find a cheap place and ate tocilog, longsilog and la paz batchoy. By now, we felt relieved from hunger. We strolled in the beach.
While walking, we saw a familiar face in the crowd. It was Shohei! We called him and he joined us for a walk in the shore. We observed the activities that were happening around us. There was fire dancing in almost every corner of Station 2. The buffet tables were set and the crews were inviting visitors to come and eat. Since we already ate, we looked for a vacant table and chairs and sat there. Alan ordered beers and tacos. I had a beer that night and the two men had a bucket of beers for themselves. I felt drunk already so I called it a night and went back to our hotel. I checked my mails and updated my Facebook account. I hit the shower and changed clothes before I went to bed. After two hours, Allan came in. He slept soundly, snoring so loudly on the other bed. I had a hard time sleeping because he snored loud. After a while, I fell asleep.
We woke up at around five in the morning and prepared ourselves for breakfast in the other hotel. We had a sumptuous breakfast in La Carmela Hotel. We had bacon, fried rice, corned beef, eggs, coffee, and juice. I ate plenty to last until late lunch. After breakfast, we went back to our hotel room. Allan summoned a masseuse and had a massage in our hotel room. After the massage he slept. Meanwhile, I checked my mails and FB. I waited for Shohei to show up so I have someone to accompany me when I swim.
I swam in the beach together with Shohei. I have to bribe Shohei to accompany me in the waters and to take my pictures. Allan is in the shore calling and texting his clients. What a waste of time and opportunity to swim! Anyhow, Shohei and I had a great time swimming. He took some of my pictures while I was in the water.
By four in the afternoon, we left the beach and headed to our hotel room. I hit the shower and rest for a while before we went out and had dinner. While looking for a place to eat dinner, I arranged an ATV activity for the next day before we come back to Manila. I had a deal for ATV ride at Php400 and I am the only one going to do it the following morning.
We had our dinner near the beach. After eating, both men had a drink. Since I was tired swimming, I went back to our hotel room early. I hit the sack after checking my mails and uploading some of our pictures from my camera phone. I woke up early so we can have breakfast early in La Carmela Hotel. I have a scheduled ATV activity by seven in the morning. I need to eat fast and meet my guide.
My guide picked me up at past seven in the morning in the hotel for my ATV ride. We rode a tricycle and went to the place where ATV rides were. Upon reaching the place, I rode one of the ATV’s for a test drive and listened for my guide’s instructions. When I was ready to drive, the guide and I went for a ride. We traveled the uphill part of Boracay. The guide was very courteous to take my pictures in every angle in the hillside. We went to Mt. Luho and took some pictures at the top most part of the view of Boracay from afar. I rode the ATV for an hour. When I was done riding it, I rode a tricycle back to Station II.
Allan and I went out and bought some keep sakes and give aways for family and friends who are waiting for us in Manila. After my shopping, I decided to swim again before we pack our things and headed to the airport. I was in my bathing suit, anyway. So, I went to the beach and swam one last time. I spent an hour in the water and under the sun. When I felt tired of swimming, I went back to the hotel. I hit the shower and changed clothes.
I packed my things and prepared myself to leave the place. I made sure that I did not leave anything behind. When I was ready, Allan called the receptionist and informed her that we were ready to leave the place. We were picked up by one of the hotel’s staffs and brought to Cagban Port. We boarded a boat and brought us back to Jetty Port. From Jetty Port we were picked up by a van and were brought to Caticlan Airport. Our flight is at thirty minutes past three in the afternoon.
Upon check in, we were informed that we can board an earlier flight to Manila because the plane that recently landed has no passengers. We opted to take the earlier flight so we can be in Manila before lunch. We boarded the plane. I was seated near the window and Allan was seated near the window just in front of me. There were enough seats for us to be seated near the window of the plane. We landed in the domestic airport at quarter to twelve in the afternoon. Allan headed to Casino Filipino to meet his sister and I headed home in Cavite.
That was all about my Boracay trip. It was not much of a fun as I imagined it to be because my friend played a “kill joy” during our stay there. I will go back in Boracay someday soon but I will make sure that I will be accompanied by someone who is willing to do all the activities I wanted to experience in the island. I missed some of it and I vow to do those things the next time.
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Sunday, March 14, 2010
LOVE IS A COMPROMISE
I have been in a relationship with several men for the past fifteen years. The longest relationship lasted for almost five years. We were already planning to get married. I thought that he’d be the one for me. He promised me that he will never leave me whatever happens. “Come what may”, he said. Later on, I have proven this to be wrong though. He fell out of love I guess. There is no way that I can win him back. He became emotionally detached to me. I have to confront him for this. He just said he does not love me the same way he felt for me four years ago. I was heartbroken. We parted ways and have never seen each other since then.
What I came to realize after this last failed relationship is that there is actually no blueprint to successful relationships. Love is negotiated in tender loving ways, where there is enough room for parties, what they would want and what they would need, what they could do and what their life would likely be. It is not business where in people negotiate to win. Love is when you are anxious about someone else’s circumstances as you are about your own.
Two years after the break up, I still think of him. I still have the “what if” feeling, regretful of the relationship. I am always thinking if I failed to make a compromise with him or if we did compromise, was I able to live up to the compromise agreement? Until now, tears fall in my eyes when I think of how we were when we’re together. It pains me to think that I have lost a good man. I secretly wish that he’d realize that he had lost a good woman, too and decides to come back to me. I am patiently waiting for his return and I don’t know how long it will take for him to find his way back to me.
One thing is certain when he comes back, I would know when to compromise for our love to flourish and endure all the hardships. I just hope that he will come back sooner than later. Until then, my love for him floats.
Are you willing to compromise in the name of love?
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What I came to realize after this last failed relationship is that there is actually no blueprint to successful relationships. Love is negotiated in tender loving ways, where there is enough room for parties, what they would want and what they would need, what they could do and what their life would likely be. It is not business where in people negotiate to win. Love is when you are anxious about someone else’s circumstances as you are about your own.
Two years after the break up, I still think of him. I still have the “what if” feeling, regretful of the relationship. I am always thinking if I failed to make a compromise with him or if we did compromise, was I able to live up to the compromise agreement? Until now, tears fall in my eyes when I think of how we were when we’re together. It pains me to think that I have lost a good man. I secretly wish that he’d realize that he had lost a good woman, too and decides to come back to me. I am patiently waiting for his return and I don’t know how long it will take for him to find his way back to me.
One thing is certain when he comes back, I would know when to compromise for our love to flourish and endure all the hardships. I just hope that he will come back sooner than later. Until then, my love for him floats.
Are you willing to compromise in the name of love?
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Wednesday, November 25, 2009
YOUNGER FILIPINAS PREFER OLDER FOREIGNERS. WHY?
This is a reply to a discussion in a forum which I am currently moderating. The members were discussing why younger Filipinas prefer older foreigners. My reply to the discussion was a little late because I was busy with work and some things to do at home. Anyway, below was the reply that I posted in the forum.
Younger Filipinas prefer older foreigners because:
1. Financial Security. Older/retired foreigners have money coming from their retirement/pensions. It is wiser to marry or live with a man who has more mpney and financial stability.
2. Mortality rate. Older men die easily. These older foreigners are just waiting for their time to pass by. If they die, younger Filipinas could again remarry someone older or younger. They would go for older men to repeat the cycle or younger men to populate their species.
3. Company. Older foreigners have more time to stay in the house with their wives/girlfriends. They are more visible than younger foreigners because they don’t work most of the time. If the younger woman is the clingy type, she has her foreign husband/partner available to her anytime she wants to be cuddled.
4. Intelligence. Older foreigners are more knowledgeable and experienced a lot in life already. If the younger Filipina is eager to learn, she would choose an older foreigner in the belief that he can impart great knowledge to her about life and the world in general.
5. Procreation. Younger Filipinas who do not want to get pregnant will consider marrying an older foreigner because it would be harder for the foreigner to copulate if there is no Viagra available for him. I have a friend who is married to a foreigner 30 years her senior. They have sex once a month, and if she gets unlucky, there’ll be none at all. They don’t have children and she is still in her early 30s and they’ve been married for almost 10 years now.
6. Trust issues. Younger Filipinas would choose older foreigners because they are more trusting of their partners. They don’t usually scrutinize their partners of where and whom did they go out with. They don’t ask how the money was spent by their partners.
7. Generosity. Older foreigners are more generous of their money and time to younger Filipinas and her family. She can be a “bilmoko” (colloquial word for “bili mo ko” which has an English equivalent as “buy me this and that”) and the older foreigner is just happy to oblige. Showering her of material things like clothes, accessories and money are common among older foreigners to win their younger Filipina’s affection.
8. Father figure. They see older foreigners as a father figure. As a father figure, they expect that they will be treated with kindness as what fathers do to their daughters.
Of course, we can not discount the fact that some younger Filipinas marry older foreigners because of pure love and affection. Now, that is noble and uplifting to know that some can still give unconditional love to unsuspecting older foreigners.
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Younger Filipinas prefer older foreigners because:
1. Financial Security. Older/retired foreigners have money coming from their retirement/pensions. It is wiser to marry or live with a man who has more mpney and financial stability.
2. Mortality rate. Older men die easily. These older foreigners are just waiting for their time to pass by. If they die, younger Filipinas could again remarry someone older or younger. They would go for older men to repeat the cycle or younger men to populate their species.
3. Company. Older foreigners have more time to stay in the house with their wives/girlfriends. They are more visible than younger foreigners because they don’t work most of the time. If the younger woman is the clingy type, she has her foreign husband/partner available to her anytime she wants to be cuddled.
4. Intelligence. Older foreigners are more knowledgeable and experienced a lot in life already. If the younger Filipina is eager to learn, she would choose an older foreigner in the belief that he can impart great knowledge to her about life and the world in general.
5. Procreation. Younger Filipinas who do not want to get pregnant will consider marrying an older foreigner because it would be harder for the foreigner to copulate if there is no Viagra available for him. I have a friend who is married to a foreigner 30 years her senior. They have sex once a month, and if she gets unlucky, there’ll be none at all. They don’t have children and she is still in her early 30s and they’ve been married for almost 10 years now.
6. Trust issues. Younger Filipinas would choose older foreigners because they are more trusting of their partners. They don’t usually scrutinize their partners of where and whom did they go out with. They don’t ask how the money was spent by their partners.
7. Generosity. Older foreigners are more generous of their money and time to younger Filipinas and her family. She can be a “bilmoko” (colloquial word for “bili mo ko” which has an English equivalent as “buy me this and that”) and the older foreigner is just happy to oblige. Showering her of material things like clothes, accessories and money are common among older foreigners to win their younger Filipina’s affection.
8. Father figure. They see older foreigners as a father figure. As a father figure, they expect that they will be treated with kindness as what fathers do to their daughters.
Of course, we can not discount the fact that some younger Filipinas marry older foreigners because of pure love and affection. Now, that is noble and uplifting to know that some can still give unconditional love to unsuspecting older foreigners.
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Tuesday, November 24, 2009
BOTO MO, iPATROL MO: AKO ANG SIMULA!

ABS-CBN will launch its campaign with the aim of encouraging Filipinos to play an active role in the upcoming 2010 Presidential Election. The campaign targets young Filipinos to proactively participate and initiate change as early as possible by registering to vote. The TV station encourages voters from here and abroad to report their respective concerns and observations regarding the election. Several voters booth were stationed in Metro Manila and in the provinces of Pampanga, Cebu and Davao .
So how does this campaign actually work? The volunteers who registered in the booth set up by ABS-CBN in different provinces will serve as their allies in delivering news to the people all over the Philippines on how the campaigns and the elections were conducted and held. They will report anomalies, pay offs and other illegal activities of people who are seeking elective positions. It is geared to implement the election code on a national level through the aid of young Filipinos via internet and mobile technology, cable TV, and radio services.
It is a long shot for this multi-media conglomerate to aim for fair and peaceful election but who can tell if it is going to be successful or not. The end result will be revealed on May 11, 2010 when the votes are cast and the winners are proclaimed. Until then, we hope that this endeavor could at least alleviate the election-related crimes and occurrences.
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MAGUINDANAO MASSACRE – THE KILLING FIELDS
The country was stunned and in grief after the news breaks the brutal death of several people including the wife of Buluan Vice Mayor Ismael Mangundadatu, his sister and some relatives, who will file on his behalf his Certificate of Candidacy for Governor of Maguindanao province. They were accompanied by press people and lawyers in a convoy to Shariff Aguak town, where the election office of the province is located when a group of about 100 armed men abducted them. They were killed and some were buried alive along with their vehicles in a land owned by the Ampatuan clan.
The killings are the first major election-related violence in the May 2010 elections, which are still several months away. Most of the victims are women. Mangundadatu believes that the killings were politically motivated. Mangundadatu and Ampatuan are rival political clans in Maguindanao. Mangundadatu is going against the older Ampatuan for the gubernatorial posts of the province. Seeing him as a threat to the political posts that he wants to hold, the older Ampatuan ordered for the liquidation of the people who will file for Mangundadatu’s Certificate of Candidacy.
After seeing the news on television and reading the accounts of the deaths in newspapers, I come to thinking that there is really no good politics. Politics will always be dirty as long as there are people who want to stay in power so much that they would walk the extra mile of liquidating their opponents. Philippine politics is a shame!
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The killings are the first major election-related violence in the May 2010 elections, which are still several months away. Most of the victims are women. Mangundadatu believes that the killings were politically motivated. Mangundadatu and Ampatuan are rival political clans in Maguindanao. Mangundadatu is going against the older Ampatuan for the gubernatorial posts of the province. Seeing him as a threat to the political posts that he wants to hold, the older Ampatuan ordered for the liquidation of the people who will file for Mangundadatu’s Certificate of Candidacy.
After seeing the news on television and reading the accounts of the deaths in newspapers, I come to thinking that there is really no good politics. Politics will always be dirty as long as there are people who want to stay in power so much that they would walk the extra mile of liquidating their opponents. Philippine politics is a shame!
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