Tuesday, February 24, 2009

Sad reaction on Dr. Madamba's slay

What a sad day to know the death of Dr. Ami Madamba on the day I read his demise in your website and in the other news websites.
He is a kind-hearted person, a very intelligent doctor and a very respectable man indeed.
I analyze all the articles I read in the website news, I concluded the Killer take advantage of the series of killings in the city so his death will be put to blame in the City of Dumaguete.
Deeper into my analysis, the killing is intentional and it is the -MONEY- that lead to his death.
A random killings will only shot the person once and drove away as fast as they can but the killer of the doctor shot him twice to make sure that he is really dead.
I have a high regards of Dr. Ami Madamba way back then when I meet him 25 years ago.
You can talk to him anything and everything and he was there listening to you and understand your situation.
He is such a wonderful person to be with in every ways and in every day of your life.
I cherished people like Dr. Ami Madamba and it was sad to know that he was gone and never to see him again.


Monday, February 16, 2009

Valentines Day with family

Last Saturday February 14, 2009 we had a rare Valentines dinner with our parents and sister Mayen and her family.
It was rare because we don't get to spend Valentines day with our parents and siblings these days.
It was good timing they were in Manila so we spent Valentines as family day.
We went to Trinoma in Quezon City.
We had dinner at Fish & Co. at Trinoma.
They had a promo gimmick for Valentines day.
They took pictures for free for their patrons.
Before dinner was done they presented us with a hard copy of the photograph in specialized card of their restaurant.
In the picture are Ruby, Jay, Joshua, MJ, Jeffrey, Mayen, Mama and Papa.

Saturday, February 14, 2009

Love and legalities

It is the season of love, so let us digress a little bit.
Let’s talk about love.
If you think the Supreme Court deals only with the esoteric, you err.
The high court is never detached to the mundane concerns of day-to-day life, specially on matters affecting the affairs of the heart.
Perhaps, one of the Supreme Court decisions that cannot be forgotten by law students is the case of Wassmer versus Velez, decided a day after Christmas in 1964.
This is the story of a groom who suddenly had cold feet and “chickened out” one day before his wedding day.
A frustrated, dejected and angry bride sued the elusive and indecisive groom for damages.
The story of Beatriz P. Wassmer and Fracisco “Paquing” X. Velez, is indeed one for the Supreme Court books.
This happened in 1954 where the love birds, Bet and Paquing, after professing their mutual promise of love for each other, decided to get married on September 4.
Bet and Paquing applied for a married license.
Invitations were printed and distributed to relatives, friends and acquaintances.
The bride-to-be’s trousseau, party dresses and other apparel were purchased.
Dresses for the maid of honor and flower girl were prepared.
Even a matrimonial bed, where the two were to consummate their romantic liaison, was bought.
Bridal showers were given and gifts already received.
However, with all but two days before the wedding, the bride-to-be met the greatest shock of her life when the 28 year old groom-to-be left her with a note:
“Dear Bet---
Will have to postpone wedding. My mother opposed it. Am leaving on the Convair today.
Please do not ask too many people about the reason why---That would only create a scandal.
It turned out that the future husband had enplaned back to his home city in Mindanao.
Shock and disbelief consumed the distraught, lonely and mourning bride.
The next day, September 3, one day before the scheduled wedding, Pacquing, telegrammed Beatriz another note:
But the good Paquing never appeared, nor was he heard of again.
Beatriz did not take this unparalleled humiliation sitting down.
She sued her defaulting husband-to-be for damages.
Even in court, Paquing chickened out.
He did not file an answer to the charges.
The trial court ruled in favor of Beatriz.
Pacquing then appealed to the Supreme Court
In the Surpeme Court Pacquing argued that his failure to marry Beatriz was due to a “fortuitous event” and/or circumstances “beyond his control”.
Pacquing, sounding smart, argued there is no provision in the civil code allowing an action for breach of promise to marry.
But the Supreme Court thrashed the argument.
The Supreme Court ruled that true, breach of promise to marry is not an actionable wrong.
But this is not a mere case of breach of promise to marry, the court reminded.
“To formally set a wedding and go through all the preparations and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different,” the high court said.
“This is palpably and unjustifiably contrary to good customs for which Pacquing must be held answerable in damages,” said the court.
The Supreme Court cited Article 21 of the civil code which says: “Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy, shall compensate the latter for the damage.”
The lesson for the irresolute grooms-to-be: if you chicken out, do not back out in the proverbial eleventh hour .
For you can be held liable for damages.
Also, don’t under-estimate a dejected bride.
For as the famous line in The Mourning Bride says: Hell hath no fury like a woman scorned.
Happy Valentines!

Friday, February 13, 2009

Reasons of the heart

The Supreme Court was once asked to legally resolve a problem regarding this universal emotion called love.
This involved a May-December affair of a thirty year old grade six adviser who fell in love with her student fourteen years her junior.
This happened in Bacolod City in 1976 at a Chinese school operated by Tay Hung High School, Inc.
The story was about Evelyn Chua-Qua who was employed by the school since 1963.
In 1976, Bobby Cua a sixteen year old student was enrolled in the school.
Since it was the policy of the school to extend remedial instructions to its students, Bobby was imparted such remedial lessons.
In the course of these after-school remedial encounters, the couple fell in love.
On December 24, 1975 the teacher-student romance culminated in holy matrimony in civil rites.
It was followed by church ceremonies less than a month later.
However, the school did not like what happened.
On February 4, 1976, the newly weds faced their baptism of fire of marital tribulations when the school applied for clearance before the Department Labor to have the teacher-wife’s employment terminated.
The ground was: “For abusive and unethical conduct unbecoming of a dignified school teacher and that her continued employment would be inimical to the best interest, and would downgrade the high moral values of he school.”
The school however, was wanting in pointing specific acts of immorality between the two during those remedial sessions.
Yet, Evelyn the teacher was fired.
The case reached all the way to the Supreme Court.
The high court ruled that termination of employment cannot be adjudged if the grounds are not substantiated..
The court said: the avowed policy of the school in rearing its students should not be capitalized on, to defeat security of tenure, specially when there is no clear proof to establish a valid cause for dismissal.
The court also faulted the school for failing to show that the teacher took advantage of her position to court her student.
The court also dismissed the inappropriateness of a May-December affair in school.
The court said: “If the two eventually fell in love despite the disparity in their ages and academic levels, this only lends substance to the truism that the heart has reasons of its own which reason does not know."
The court also imparted that a teacher in her thirties falling in love with a teen-ager student should not automatically be deemed immoral.
“But definitely, yielding to this gentle and universal emotion is not to be so casually equated with immorality,” the court noted.
“The deviation of the circumstances of their marriage from the usual social pattern cannot be considered as a defiance of contemporary social moores,” the court added.
In the end, while the court ruled in favor of teacher Evelyn, and found her dismissal illegal, the court also recognized the strained relations between Evelyn and the school.
Reinstatement of Evelyn would no longer be prudent, the court said.
The court awarded Evelyn three years backwages and separation pay, and perhaps, wished they lived happily ever after.

Saturday, February 07, 2009

Cafe Lawis in Dauis

In between a very hectic working day today in Tagbilaran city, we had a late afternoon snack in the town accross the island called Dauis.
I went home to Bohol for some legal work for the family corporation.
I took a side trip from Cebu as I was having hearings there.
Anyway it was the first time I visited another restaurant in Dauis called Cafe Lawis.
What a spectacle!
There was an unexpected view like no other.
Cafe Lawis is on the premises of the old Dauis church so nobody can miss it.
My hearing is that Bea Zobel developed the area to the tune of P7M---probably more.
The church was renovated.
Visibly changed was the roof of the church.
The restuarant is both indoor and outdoor.
It's an artist's lair obviously.
Outside, it was a breath taiking view of Tagbilran and the main Bohol island.
Dauis is in Panglao island accross.
I remember Saturday afternoons, my grandfather would ask me to drive him for the 4 o'clock mass at the Dauis church.
But I never thought there was a view to marvel just beside the church.
So if you ever come to Panglao island, try to visit Cafe Lawis.

They got nice food, too.
There this sandwich made out of chicken adobo.
Their dessert is a must-try.
They call it Souffle.
My utter lack of sophistication betrays my ignorance of this term.
Its the first time I've heard such kind of dessert.
Its made of soft muffin served hot, with a creamy liquid like tsokolate, and with ice cream.
Now beat that.
It was what I called a food trip.
We went with my Tita Ito, Tito Jun, Tita Milet and cousin Ating.
We seldom get together nowadays so it was fun to hook up once again.

Tuesday, February 03, 2009

Simply Jessie

Wanna know some of my favorite loves songs?
Rex smith's Simply Jessie is definitely on top.
I just don't know but I really love to listen to this song.
During the time of LP's and 45 records, I remember this song was with a blue label. Oh, I couldn't forget.
Thoughts that come to my mind everytime I listen to this song: spinning, fine lazy afternoons.
What's more: I watched Rex Smith perform live in concert!
When he sang the song, I went into a trance.

20 Minutes Before Take Off

I believe music reveals one's soul.
Let me share this song that, for me, re-lives so many memories of my childhood.
I would pause everytime I hear the radio play this song.
Yes, this song is touches the OFW.

Mike Francis, 47

So sad to hear the bad news that Italian Mike Francis, one of the music idols of the eighties, died January 30, 2009 at the young age of 47 due to a reported lingering illness (lung cancer)
Mike Francis is known for hits like "Let Me In", "Friends", "Survivor".
So much memories are re-lived when I listen to his music
I remember as a teenager, I prepared some music for a local fashion show before.
I used Mike Francis' "Survivor".
Jazzy, Classy, one-of-a-kind.
Let me post his song "Let Me In"

Budget expert

I got a letter from a staff of Congressman Guingona, who is reading my articles on the budget.
Here is her email message:

Dear Jay,

I am Tina Mendoza, Media Liason Officer of Cong. TG Guingona.

I was able to read your article "Breathing Space" when I was still in Dumaguete and brought it with me here in Manila. The article "Understanding the Budget" is close to my heart because my boss is "a budget reform advocate." It's just unfortunate that we never have the chance to see each other when I went to your place although, I was able to talked to you over the phone and I am thanking you for that. Thank you also for the interview...

I am sharing with you some files on budget and an article below. I hope it can contribute to your many other refferences..

Very truly yours,

Should you need a speaker or guest to any budget (govnt spending) speaking engagement in your place, juz give us a ring...