DAYEdalera

Goodbyes are always sad and leaving good people is even sadder. It tears my heart that I will be leaving the Supreme Court of the Philippines on the 2nd of March. I can’t help but be nostalgic in remembering the good times I had with this honorable institution.

At the Supreme Court, I had my first case, I learned the procedure of collegiate deliberations, I have attended Committee meetings, oral arguments, retirement ceremonies and actually have drafted a controversial decision for the Justice. This is where I borrowed books during my last year in law school and during my bar review, this is where I learned the fact that I passed the 2007 Bar examinations.

More than the nostalgia of the place, leaving my officemates is even sadder. I will miss the love of Tita Dolly and the funny flirtatious caring of Ate Irish. I will miss my Manang Delight, her points of view in life and our Mc Donalds afternoon. I will miss Atty. Bel, our morning rides and her adorable Raj. I will miss Nysagurl and everything about my bestfriend and little sister in the Court.

I will miss our lawyers, whom I have shared legal opinions and thoughts. I will miss the admin staff and the food they always share. I will miss the boys especially Kuya Lito and their willingness to help me do my errands. I will miss Atty. Issa, the JSH, and her on-the-spot assignments for the agenda.

Further, I will miss the Boss, his childlike expressions of “Ano na?”, “Wow!”, “Yey!” whenever he follows-up a work and when he appreciates a work done. I will miss his ice cream treat, his jokes, his stories, all of his kindness.

Surely, I will miss the 8:00-5:00 schedule, the flag ceremony, the shuttle service, the JDF and SAJJ, the bonuses, the cheerful guards, the birthday parties, Luxor, my own little corner, the flowers for Mama Mary, Rollos, my PC and internet, the Time and Reader’s Digest subscription of Justice, and a lot lot more.

Now, I feel more than being nostalgic…. I don’t want to leave. I love the Supreme Court.

But…Only the brave goes for a scary and uncertain flight and I am going. I am not brave, I will try to be brave and face this new career challenge, I promise to return to the service of the Judiciary someday, maybe when I am better, stronger and brighter.

For now, I am taking a flight, hoping that the persons I will miss will be proud of me someday.

An old saying goes that, if an only daughter is to marry, the parents should not cry because they will be losing a daughter instead they should be happy because they will gain another son. I think that old saying was an understatement.

When Tito Emmil became the HUSBAND of Tita Sonia, the only daughter of my Lola Amanda and Lolo Pitong, true enough Lolo and Lola gained a SON, but my Dad and his brothers, their wives altogether gained a BROTHER-IN-LAW, Myself and my siblings, my cousins included gained an UNCLE, our family friends gained a new FRIEND. But moreso, Tito Emmil was not the only person our family gained, we gained his entire family, Mommy Brigida, Daddy Hoseas and Tito Emmil’s siblings (Tito Manny, Tita Beth, Tita Mercy and Tito Jhun).

In addition, we had a JOKER who often throws his gag over family luncheon and dinners, we had an OFFICIAL PHOTOGRAPHER during family occasions, we had an EVENT AND SURPRISE PLANNER during birthdays, we had more than just one personality in one person of our dearest Tito Emmil.

When Tito Emmil passed-away last February 15, it seems our family lost not just one person but one person who played great personalities in each of our lives.

I remember, the Friday before I took the 2007 Bar Examinations, I was crying to death, I was losing hope, everybody in the family was supportive but cannot pacify the tension I am feeling until I received a call from the USA, Tito Emmil speaking on the other line said: “Esquire, all the best. I know you can make it. Claim the title because we have prayed for you.” and everything falls into the right places, I took the bar, I triumphed the exam, I passed and officially can use the title “Atty.” But I cannot forget it was Tito Emmil who called me :Esquire” even though I am not yet a lawyer. He was such a blessing.

I know each of us in the family would have their own story about Tito Emmil, the ‘food-trip’ stories on crispy-pata, balut and other ‘pampabata’ food and his popular saying “Life is short. Enjoy the food.” Sad but true, Tito Emmil never reached the senior citizen age, he died at 58. He died eating what can make him happy. We lost a very appetite-boosting person (‘yung masarap katabi sa hapag-kainan pag handaan dahil makakakain ka guilt-free).

After his death, I thought that life in heaven will never be the same. Probably, the angels will be giggling more if they hear the jokes of Tito Emmil or maybe when it rains and the sky will have lightnings, that is Tito Emmil taking pictures.

We will truly miss Tito Emmil the joker, the photographer, the versatile him, here on earth.

Allow me to rephrase a quote from Paolo Coehlo from “Live your life with so much in your heart that if by mistake, you were sent to hell, the devil himself would deliver you up to the paradise.” to “LIVE YOUR LIFE AS IF YOU ARE A BLESSING TO OTHER PEOPLE THAT IF BY MISTAKE, YOU WERE SENT TO HELL, THE DEVIL HIMSELF WILL SURRENDER YOU TO THE LOVING ARMS OF THE LORD.”

Now, the Mendoza, Gonzales-Tolentino clan is assured, Tito Emmil is now in heaven because in so many ways he has been a blessing to all of us.

Thank you God, for giving Tito Emmil to us.

Tito Emmil, we will miss you and everything about you. Rest assured we will be taking care of Tita Sonia. We love you and please keep the rock n’ roll in heaven on a moderate level.

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A eulogy I delivered yesterday for the Internment of Mr. Emmanuel Mendoza, a husband, a son, a brother-in-law, an uncle, a friend and a blessing to the people whose lives was touched by his life.

I can't help but cry in between the lines. Tito Emmil was the second man whose death made me cry after my Lolo Pitong died nine years ago, on the same day, February 15.

I miss you class.

PUPCET has been preventing us to see each other for two consecutive weeks now.

In order to make amends of the missed classes, I decided to give you some kind of a research.

(Guessing your reaction) WHAT????!!!! Ma’am Daye, ang lupit mo talaga!!!!

In defense, I would like to say I want you to learn and I won’t allow any force majeure to prevent you from learning. So here goes, you assignment:

Group yourselves. Each group must not have more than 5 members or less than 3 members.

1. Cite at least five significant updates in Public International Law principles.


2. What are recent cases decided by the Philippine Supreme Court applying international law precepts? (Period: 2006-2008) Digest at least five cases.


3. Study a particular current issue in world politics and evaluate all its aspect under Public International Law. (e.g. Israel and Gaza; In the International Law perspective).

Submit your output on or before February 20, 2009 at daye.tolentino@gmail.com.

See you Saturday! Ciao!

This week has been GOOD and BAD for me.

My sister, Ate Kaye, passed the US administered IELTS (Hurray! that despite her impaired listening skills, she passed the listening exam). She is still yet to take the Step 3 of the US Medical Licensure Exam and for sure she will pass. Hopefully by mid-quarter of this year she’ll become a full-pledged American doctor.

I signed up my contract with my new job. The opportunity looks promising and exciting as well. I will have a new boss which I love calling Señor (he is a descent of a Spanish clan); I guess Señor is generous, he gave me a raise even before I start my work. I will have new officemates and hopefully will make new friends. Officially, by March 2, I am a certified Makati executive. The salary is a lot better than what I have now which means the work is a lot worst too.

My Tito Emil was diagnosed with “Acute Hemorrhagic Pancreatitis” and has to go through an emergency operation, the operation was successful but he’s still in the Intensive Care Unit for recovery. I never imagined that my jolly and joker uncle will lie in bed almost unconscious of what is happening in his environment. My Tita Sonia, his wife, has been suffering from anxiety and for almost a week was sleepless, she was in grief yet hopeful that my uncle will be fine in two weeks time. We are all hopeful. We are praying.

I resigned from my present work; the Boss was supportive of me exploring a new pursuit though I felt his sadness too. The resignation talk was short as I previously have told him I am job hunting. He told me “good luck” and wished me just the best. I will miss him, his intelligent commentaries, his lectures, his stories especially. Justice AEBN was really one of a kind and certainly one of the best bosses I ever had.

My Lola Amanda celebrates her 89th birthday today. She is still pretty. I long for his tinumis and suman which I have not tasted for quite some time since she had her Alzheimer’s disease. She’s now bedridden and at the twilight of her life, I would love to have her for another 89 years. I love my Lola Amanda so much.

I only have three weeks to wind-up in my SC work. I still have about six raffled cases. I have to do some overtime. My teaching work is on pile too, I have not given Midterm exams yet and soon I have to give the finals, I still have to check and read their online quizzes and to compute the grades just before the deadline of submission for graduating students. Sigh. Migraine attacking.

Two of my students didn’t make it to UP-LAE, I am sad because I know they will make good lawyers someday only if given the opportunity. I hope they will still try other universities.

Hopefully, next week will be better and happier. Happy weekend!

Workshop on Treaty-Negotiations

Scenario: State A would like to enter into an economic partnership treaty with State B involving the importation of liquefied petroleum gas (LPG) in exchange it agreed to export water (h2o) in favor of State B. However, State B has a treaty for exclusive distribution of LPG in favor of State C. State B is running out of water.

(a) What are the steps to be followed in the Treaty-making process?
(b) What are the rights and obligations of each State-party?
(c) If you are the head of state of State B, how would you resolve the conflict of interests?

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ONLINE QUIZ:

Please state your name, year and section before answering the following questions.

1. Is it imperative for States to enter into treaties? Explain.
2. Why do States enter into treaties / executive agreements? Discuss.
3. What is the impact of a treaty to domestic legislation?

During the workshop:
4. Were you able to observe the proper protocol, exchange of letters during the treaty negotiations?
5. What are the challenges and difficulties your State has encountered?
6. What are the rewards your State has gained after the conclusion of the treaty?
7. Do you think your State acquired more benefit compared to the other two States? Explain.
8. If you think your State lost in the bargaining process, what is your next state action? Discuss.

Answers should be posted at the Comment bar on or before midnight of February 6, 2009. Late answers will not be given credit.