DAYEdalera

Today, Me and Gil are celebrating our 8th year anniversary. I wish to blog something for him but I am constrained by some matters....

Btw, I am in Cambodia right now and he's in Italy. What a lonely way of celebrating a feat of our LOVE.

Anyway... WE both know what really is the score between US.

Will blog sooner after I finish some "Asian and academic concerns"

Please bear with me.

On our way back to the hotel from Burnham, Mr. Simpatiko and I passed by the street where my sister’s dormitory is located. I told him – “My sister lived there.” He replied asking – “Aren’t you going to visit her?”. “ I will.” I said. “When?” he countered. “Tomorrow morning, I will drop by the Cathedral and proceed to my sister’s dormitory.”

“CAN I JOIN YOU?”

I was hesitant to answer but his eyes were hopeful. I said – “Sure… but I will be leaving early to attend the 6AM mass.”

“OK. I WANTED TO HEAR MASS TOO.”

Before bedtime, I told Doris that I enjoyed Mr. Simpatiko’s company. Doris was negative and told me – “mas mabuti na ‘yung masama pero kilala mo, kaysa sa mabuti pero di mo kilala.”. She meant one thing – I should take caution in entertaining Mr. Simpatiko, we’ve only met few days back.

I took precaution and did not call Mr. Simpatiko the following morning despite our agreement last night.

I went solo to hear mass and proceeded to Ate’s dormitory. I told my sister, I am flirting with someone (excuse me for the word..) My Ate Kaye is always supportive but she told me smiling – “seminar, seminar, seminar. You’re still young; maybe let me have a boyfriend ahead of you”

Back to the hotel, what an unpleasurable encounter with Mr. Simpatiko at the staircase. He frowned at me. I didn’t say anything, I am guilty for not complying with our agreement the last night.

He did not ask me anything. He simply ignored me the whole day.

Oh! I was so affected. He doesn’t speak to me. He never assisted me on lunch. Never joined my table. He showed me absolute ICEcold treatment. That day was never the same like yesterday. I felt SADNESS.

After the afternoon workshop. I realized, the whole day I was not thinking of Mr. Council and not a second I remembered him, I was thinking instead – “How am I gonna say sorry to Mr. Simpatiko?”. Is this actually moving on per accidens? If it is, thanks to Mr. Simpatiko.

It was a happy accident – SERENDIPITY.

to be continued..

We reached Baguio right before lunch. Oh! I'm so hungry.

The programme for the HR seminar actually started, eleven of us were actually late. After the registration, I felt uneasiness as I learned my KALIPI group will be divided among the five groupings for dynamics. My heart felt relief as I saw my name next to Eric at the "Commission E" listing. To my surprise next to my name was "Mr. Simpatiko" who I viewed that moment more as "Mr. Antipatiko", anyway, I am happy that I won't have to deal with other people so much because I have two KALIPI with me plus I have the opportunity to get even with that man who just gave me a 'jinx' stature.

During lunch, I received a text from Mr. C - "Baguio ka na? Take care. Enjoy your lunch ms. sweetie." I am too hungry and did not bother to reply. I was thinking - "As if you really care." What is significant about lunch is I am with the same table as Doris and Eric, prospective lovers as they are I sat between them, I just have to maintain the barriers and won't allow Doris to get a boyfriend before me. Haha!

Mr. Simpatiko: I guess Daye you need to transfer, you are blocking Eric.

Eric replied : Ows?! Why don't you instead exchange seats with Doris, she's blocking you right?

Doris and I exchanged meaningful looks. Hmmm. I guess Mr. Simpatiko likes me and castigated myself - "I am such a conceited pretty lass."

Mr. Simpatiko continued eating and tried to change the topic of the conversation.

After lunch, we proceeded to attend the 'rose activity' its like an ecumenical prayer that you have to offer red roses in the ceremony. It was solemn. I saw Mr. Simpatiko kept one rose in his pocket but tried not to be inquisitive. We are not friends.

I am having goosebumps, the temperature is starting to kill me. I was coughing the whole time. Mr. Simpatiko and Eric offered me a jacket. Of course, I accepted Eric's offer.

Nothing is significant the whole day except I was thinking of Mr. C and how to dump him gracefully. I don't want to be a martyr, loving, YET NOT OFFICIALLY COMMITTED first lady of a good politician. That is against my rules.

On the first night, the group walked from Brettonwoods to Burnham. A 20-30 minute walk as estimated. Mr. C was persistently texting me and I just don't care. I was walking with Mr. Simpatiko and we are starting to be friends. He was smart to have engaged me in a conversation. He asked me about my grandfather and it was magic, I started talking about "Lolo Pitong" and my childhood pleasantries. Later, I felt comfortable walking with him.

As I have said: "Suddenly it's MAGIC."

The lunch. The rose. The walk. All was magical yet still insignificant.

That night, what is significant was, I finally found the courage to text Mr. C - "Don't bother texting me. You can never make amends. I am enjoying Baguio without you."

to be continued..

Before Midnight, I and Doris were already at the KALIPI-NHQ, as both of us were so tired of the enrollment service, we both fell asleep hugging each other so that neither would fall from the space we share in the bench. Kcali tapped my shoulders and said that we are about to leave in 10-15 minutes. (Oh! Eric, you were such a very gentleperson, that tap was amusing, it is soothing.)

“We are leaving for Baguio” I thought to myself. I reminisced how for the past week I am anticipating what might happen in Baguio, will ‘We’ (figuratively) finally end up being committed? Then, I was brought back to reality, this Baguio trip will never be the way I expect it to be. Sigh.

When we were about to leave, I noticed ‘Mr. Simpatiko’ sitting in front of the television, I never thought he’s coming with us. I need not admit, he caught my attention and to my mind I gave an unsolicited comparison:

Mr.Council – formal, decent-looking, handsome, responsible, leader, known him for three years, HURTED ME.

Mr. Simpatiko – rugged, snob, good-looking, CLEAN TOENAILS, and I cannot go beyond physical attributes, I don’t know him.

I scolded myself. It’s bad to make comparisons, and thought “just for fun and to make me smile for a while.”

At the bus station, I received a text from Mr. Council – “Cebu was great. Take care. Enjoy your HR seminar”. I asked myself – “How can he be so insensitive?”.

I am seated next to Doris, across was Eric and Mr. Simpatiko. I am not feeling well, I have colds that is about to be a flu if the aircon will be persistent in giving me a chill. I prayed the rosary and fell asleep. Two to three hours later, I woke up thinking we were in a stop-over. Nada! The bus broke its clutch, we are still in Pampanga and since the driver took a detour, there is a least chance of bus transfer, I thought to myself – “Shit happens.”

It’s already 6AM when we were able to transfer in a more disgusting bus. Eric being the generous that he is offered me and Doris some chips for breakfast, before it reached me somebody objected. I heard Mr. Simpatiko remarked – “Malas daw pag may inuubo. Bawal yan sa kanya, baka malasin pa tayo lalo.” which to my ears meant – I am a jinx. I took revenge by giving him my sharpest look.

to be continued…

On October 19, 2000, the day after those dreadful and heart-breaking seminar choices, the long talks with my friends Doris and Rey and the crying myself to sleep scenario, I woke-up with my heart still in misery, I pretended to be fine as my Dad accompanied me into the bus terminal. I tried hard to ask for my ‘baon’ - allowance for Baguio in the most normal way I can, I am avoiding the probability of Dad asking me if there is anything wrong, I know that question would trigger an incessant flow of tears. I am a self-proclaimed drama queen (DQ) but I guess, I will get my acting award on those instances that I tried to portray comedy or else in times of my real-life drama.

I headed to PUP for the last day of my enrollment service. I entered the Student Orgs Office (W-213) and immediately was blown by his name atop his vacant desk, he left already for Cebu. I am leaving for Baguio by midnight. We haven’t talked a bit about it, what I remember was his eyes who sought my understanding and the thought – ‘I can no longer understand’ yet I’ve said – ‘It’s ok.’ The day was long. I think that day was my longest day ever.

At 5:00 PM, Kuya Jan gave me last-minute instructions for the HR Seminar in Baguio, I don’t think I listened to him until he introduced me to somebody.

Kuya Jan: “Daye have you met him before?”
Daye: “I guess.”
Kuya Jan: “I’m sure both of you met at CityState event we had last month.”

The guy was mysterious with a quirky smile, not to mention his ‘simpatiko’ appeal. I smiled back. I am sure that was the first smile I made during the day.

To be continued…

"Pangarap ka na lang ba o magiging katotohanan pa?" that was heart-piercing eight years ago. I happened to fell in love with a man who cannot make a choice between staying committed or his campus politics. I am not a hypocrite, I loved him. I maybe eighteen or nineteen then, but I know I loved him, how immature the love maybe I am not certain, but certainly I loved him.

When he faced the dilemma of choosing between 'ME' and the 'Council', I knew he'd prefer to stay a leader and attend a seminar somewhere south than be with me and KALIPI friends in a seminar in the north. Like our seminar choices, we are ultra-extremely opposites in all ways.

When he told me he's leaving for Cebu, I told myself this is going to be the last time I will give him the opportunity to hurt me. That night, I talk to Doris and told her I have reached my saturation point, I can no longer be patient and see him flirting with other girls, soliciting votes for the U-wide elections. On the same night, I went home to Bulacan with Gudfriend Rey, I was in deep pain and all he can say was "better be sure you find a boyfriend in Baguio, huh?".

That night, I experienced the feeling which my Dad would want to spare me by prohibiting BF's til I finish law school. On the same night, I was weeping, cried myself to sleep, and on my half-awake state the lyrics of the song lingered... "Ngunit di bale na, kahit mahal mo siya, mahal naman kita."

to be continued...

RULES ON THE MOOT COURT ORALS

I. Introduction

The moot court competition is the equivalent to a case being heard before an appellate court or the Supreme Court of the Philippines.

II. Parties

BPAG 4-1
The Right to Privacy vis-à-vis The Power of State and Government

G.R. No. BPAG 4-1
Journalists, Attorneys, et. al. vs. Government of the Republic of the Philippines – National Intelligence and Security Authority (NISA)
BPS (IR) 4-2
Political Law on Separation of Powers


G.R. No. BPS (IR) 4-2
Atty. Sy Nungaling vs. Commission on Appointments
BPAG 4-3
A Civil Case on Damages


G.R. No. BPAG 4-3
Ms. Sisa Linghot vs. Familia Network Television

The Petitioner/ Appellant is the party bringing the appeal. The Respondent/ Appellee is the party that is responding to the appeal–sometimes this party is called the government.

III. Preparation/ Research

Step One: Identify the issues.
Moot Court consists of two issues or questions presented. Most often the problem will easily identify the issues for you. The issues should be divided between Speaker One and Speaker Two.

Step Two: RESEARCH!
Thoroughly research the issues presented. If you are competing on a “closed problem”, all the cases you are permitted to research will be listed at the end of the problem. KNOW ALL OF THESE CASES. If you are competing on an “open problem”, it will be up to you and your partner to identify the important and relevant cases or authorities.

SINCE, OUR RULES PROVIDES FOR A LIST OF LIMITED LAWS AND STATUTES, YOU HAVE TO FOCUS YOUR RESEARCH ON THOSE WHICH ARE LISTED. AS FAR AS CASES AND JURISPRUDENCE ARE CONCERNED, YOU HAVE TO SUBMIT THE LIST OF THE CASE YOU HAVE CITED IN THE PLEADINGS AND WILL BE USING IN THE ORALS TO THE SPECIAL GROUP ON OR BEFORE OCTOBER 27, 2008.

Step Three: Outline Your Argument.
Before you even prepare your oral argument, outline a rough argument using your research. The goal of moot court is to present a clear, persuasive argument for the issue presented.

Step Four: Prepare an Oral Argument
Draft an oral argument. After you’ve researched and discovered the relevant authorities, prepare an oral argument on paper.

Tips:
 DO NOT type out every word you plan to use. (This competition is not about reading off a sheet of paper or memorizing a speech.)
 Use key words or phrases in an outline format. Use things that will jog your memory to an idea.
 Create a framework or roadmap for your argument. This will keep you on point.

IV. ORAL Argument
1. Before Oral Argument:
a). Moving party sits on the left & responding party sits on the right (when you are facing the judges.
b). Rise when the judge enters the courtroom - Bailiff announcing: “The Honorable Presiding Judge and Associate Judges” and remain standing until she asks you to make your announcements. Announcements should go as follows:

Chief Justice: The Court will now hear (case title) Will the parties announce their appearances?

Appellant/Petitioner: (name of lead counsel) and (names of collaborating counsels) representing the appellant/petitioner.

Appellee/ Respondent: (name of defense counsel) and (names of collaborating counsels) for the respondent/ appellee.

2. Oral Argument: (Appellant/Petitioner always speaks first).
a). Speaker Order:

i. Appellant Speaker 1 (address Issue 1 and 2)
ii. Appellant Speaker 2 (address Issue 3 or 4)
iii. Appellee Speaker 1 (address Issue 1 and 2)
iv. Appellee Speaker 2 (address Issue 3 or 4)
v. Rebuttal
vi. Surrebuttal

b). Introduction: “May it please the court. My name is ___________. My co-counsel is ____________. Together we represent the Appellant or Appellee _________. Of the two issues before the court, I will address the first issue______________, while my co-counsel will address the second issue of whether___________________.

c). Give the Facts: Only the FIRST speaker for each side will need to give a brief version of the facts. NEVER, NEVER ask the court if they want to hear the facts. ALWAYS assume that they do if you are the first speaker for your team.

d).Roadmap:
After the introduction and facts (if necessary), give the roadmap to your argument.
“There are 3 reasons this court should grant/deny the Petition. First, _______________. Second, ______________________. Finally, ____________.”

NOTE: The roadmap should include your main headings. Your argument will work best if you divide it–like an outline–into 3 parts, each with a heading. These are the “reasons” that you are giving the court to decide for you early on before jumping into your argument.

e). Present your argument. Be prepared to answer judges questions, time will be suspended during the question and answer, but try to follow the roadmap that you have presented at the beginning of your argument.

f). Answering Questions:
 Front-load questions where possible. Example: “Yes, your honor because....”
 Use authority wherever possible in your answers. “No, your honor. As this court pointed out in (case title e.g. Buck vs. Bell).....”
 ALWAYS answer a judge’s question. NEVER say, “I will address that later in my argument.” If the judge points you to any area of your argument, go with it.

g). Conclusion:
 Tell the court exactly what you want it to do when you conclude. Example: “For these reasons, this court should grant/deny the relief/s prayed for (state the prayer, relief/s sought – e.g. render a judgment of acquittal.”

h). Rebuttal:
- Pick one or two points that the respondent addressed and rebut them.
- Tell the court why the respondent is wrong on those few points.
- DO NOT try to address their entire argument or go through your entire argument again.
- Request your relief again.

V. Tips
a). Cite the record and case law as much as possible.
b). KNOW the record and all relevant case law.
c). DO NOT bring cases up to the lecturn to reference and flip through.
d). Take as few papers to the lecturn as possible. The fewer the better.
e). Make a list of cases if you think you will forget one.
f). Maintain EYE CONTACT with all the judges.
g). Think. When asked a question, it is ok to think for a moment about your response.
h). DO NOT use statements such as “I believe.” “I think.” “I feel.”

-DERIVED FROM THE WORKS OF: TEXAS TECH UNIVERSITY, SCHOOL OF LAW - BOARD OF BARRISTERS
***********
Visit the blog for further changes, amendments, modifications of the above rules. :D

Roles will be discussed here from time to time.

Labels: Moot Court, Moot Court Rules, Oral Arguments

First, legal work.

Second, family demands and issues.

Third, long distance relationship.

Oh! C’mon! I need a break. Hibernate. Going to “somewhere” on the 28th.

Ten Things I Miss About Daye...
1. She's my eating buddy....'nuff said.
2. Kissing her. rarely can I do that now. Dalaga na raw siya e.
3. The way she sleeps. Very similar to the way dad sleeps. Right hand overhead with the right leg elevated hehehe.
4. The way she argues about political issues with dad's friends.
5. Her company here at home. Rarely does she go home now because of work.
6. Watching ASAP with her. Mahal nya si jericho, mahal ko si maja hahahaha
7. How her tears easily fall when she is touched by a movie or even just a scene.
8. Her cooking... she's a very good cook...
9. Her hand massages. Hay hay... she no longer does this to me...
10. Her sweetness and thoughtfulness..."pasalubongs" when she does come home.

****
Kakatouch di ba? =)

I reposted it from Doc. Extee's blog.

Tax is an enforced contribution, an exaction made by the government for revenue purposes.

Taxation is a mode by which governments make exactions for revenue in order to support their existence and carry out their legitimate objectives. The term may both refer to the power to tax or the act or process by which the taxing power is exercised.

Tax Case assigned to Daye : an enforced assignment through a raffle by which Daye despite the natural reluctance to accept 9 big boxes of Rollos is supposed to adjudicate for the purpose of preventing the clogging of the dockets in the Court. In return, the Court shall provide tangible and intangible learning experience.

Anyhow, Anyway, TAX IS BURDENSOME.

Labels: career, FYI for Lawyers, SC work

Definition:
Labor
Capital
Recruitment
Illegal recruitment

Constitutional provisions pertaining to Labor

Read the following provisions of the Labor Code pertaining to the following Basic Rights of Workers:
Security of Tenure
Hours of Work (Normal hours / Meal and Rest Period)
Weely Rest Day
Wage and Wage-Related Benefits
Payment of Wages
Employment of Women
Employment of Young Workers
Right to Self Organization and Collective Bargaining
Labor Education
Tripartism
ECC Benefits for work-related contingencies
SSS Benefits

Labels: friends, HS friends

Power of Taxation; Definition/Nature/Scope of Power
Section 28 – Article VI of the 1987 Philippine Constitution
Limitations on the exercise of the power of taxation:
(1) Due Process ; Tav vs. del Rosario 237 SCRA 324
(2) Equal Protection Clause
(3) Public purpose; Pascual vs. Secretary of Public Works and Communications/ Osmena vs. Orbos 220 SCRA 703
Double Taxation; Define/ Requisites
Tax Evasion; Define / Requisites
Tax Exemptions – Sec. 28 (4) Article VI, Sec. 28 (3) - Article VI, Sec. 4(3) Article XIV, Sec 4 (4) – Article XIV / Mactan Cebu International Airport Authority vs. Marcos, 261 SCRA 667 / Lladoc vs. Commissioner of Internal Revenue, 14 SCRA 262
Distinguish Tax from License Fee
Lifeblood Doctrine
Different kinds of taxes.